REVISED ORDINANCES O F DANVILLE OF THE UNIVERSITY Of ILLI NOIS 35R.0 773 The person charging this material is re- sponsible for its return to the library from which it was withdrawn on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. To renew call Telephone Center, 333-8400 UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN SEP 2 11** L161— O-1096 / TEE REVISED ORDINANCES OF THE CITY OF DANVILLE Published by authority of the City council Compiled and arranged by Peter Walsh and H. P. Blackburn. Danville, 111. Commercial steam print 1876 "General incorporation law of cities and villages" Digitized by the Internet Archive in 2015 https://archive.org/details/revisedordinanceOOdanv CITIES AND VILLAGES. AN ACT to provide for .the incorporation of Cities and Villages. In force July 1, 1872. Section. Section. 1. How city may adopt this act. 8. When county judge to give notice 2. Notice of election. of election, etc. 3. The ballots ; result. 9. Term of first officers. 4. How towns may become cities. 10. Corporate name — powers. 5. Organizing a city — petition — elec- 11. Prior ordinances, etc., in force un- tion — result. til, etc. 6. Courts to take judicial notice of or- 12. Rights, etc., of old corporation to ganization, etc. vest in new. 7. Election of officers. 13. Record of result of election. Section 1. Be it enacted by the People of the State of Illinois, rep- resented in the General Assembly, as follows — AETICLE I. OP THE ORGANIZATION OP CITIES. That any city now existing in this State may become incorpor- ated, under this act, in manner following: Whenever one-eighth of the legal voters of such city, voting at the last preceding muni- cipal election, shall petition the mayor and council thereof to sub- mit the question as to whether such city shall become incorporated under this act, to a vote of the electors in such city, it shall be the duty of such mayor and council to submit such question according- ly, and to appoint a time and place, or places, at which such vote may be taken, and to designate the persons who shall act as judges at such election ; but such question shall not be submitted ,oftener than once in four years. I I 62324 CITIES AND VILLAGES. § 2. The mayor of such city shall give at least thirty days 7 notice of such election, by publishing a notice thereof in one or more newspapers within such city j but if no newspaper is publish- ed therein, then by posting at least five copies of such notice in each ward. § 3. The ballots to be used at such election shall be in the following form: "For city organization under general law ;" or, "Against city organization under general law." The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such city. If a majority of the votes cast at such election shall be for city organization under general law, such city shall thenceforth be deemed to be or- ganized under this act; and the city officers then in office shall, thereupon, exercise the powers conferred upon like officers in this act, until their successors shall be elected and qualified. § 4. Any incorporated town in this State, having a population of not less than one thousand inhabitants, may become incorporat- ed as a city in like manner as hereinbefore provided; but in all such cases the president and trustees of such town shall, respective- ly, perform the same duties relative to such a change of organiza- tion as is above required to be performed by the mayor and council of cities. § 5. Whenever any area of contiguous territory in this State, not exceeding four square miles, shall have resident thereon a population of not less than one thousand inhabitants, which shall not already be included within any incorporated town or city, the same may become incorporated as a city in manner following : Any fifty legal voters thereof may file in the office of the clerk of the county court of the county in which such inhabitants reside, a petition, addressed to the judge of such court; and if the territory described in said petition shall be in more than one county, then the petition shall be addressed to the judge of the court where a greater part of such territory is situated; which petition shall de- fine the boundaries of such proposed city, and state the number of inhabitants residing within such limits, and also state the name of such proposed city, and shall contain a prayer that the question he submitted to the legal voters residing within such limits, whether they will organize as a city, under this act. It shall be the duty of the county judge to fix a time and place, within the boundaries of such proposed city, at which an election may be held, to determine such question ; and such judge shall name the persons to act as judges in holding such election, and shall give notice thereof by causing ten notices to be posted in public places w T ithin such proposed city. And the third section of this article shall be applicable to such election : Provided, that the returns of such election shall be made to and canvassed by the county judge and any two justices of the peace whom he shall call to his assiip CITIES AND VILLAGES. ance, instead of the city council ; and the result of such election shall he entered upon the records of such county court. If a ma- jority of the votes cast at such election shall b„e "For city organi- zation under general law," the inhabitants of such territory, des- cribed in such petition, shall be deemed to be incorporated as a city, under this act, and with the name stated in the petition. § 6. All courts in this State shall take judicial notice of the existence of all villages and cities organized under this act, and of the change of the organization of any town or city from its origin- al organization to its organization under this act ; and from the time of such organization, or change of organization, the provis- ions of this act shall be applicable to such cities and villages, and all laws in conflict therewith shall no longer be applicable. But all laws or parts of laws not inconsistent with the provisions of this act, shall continue in force and applicable to any such city or village, the same as if such change of organization had not taken place. § 7. It shall be the duty of the president and board of trus- tees of any town which shall have voted to change its organiza- tion to a city, under this act, to call and give notice of an election to elect city officers, and to designate the time and place or places of holding the same. Such notice shall be published in a news- paper, if there be one within the town, or posted in ten public places, for at least twenty days before such election. Such presi- dent and trustees shall appoint the judges and clerks to hold such election, canvass the returns thereof, and cause the result to be entered upon the records of the town; and the provisions of this act, relative to the election of city officers, shall be applicable thereto j but at such election, aldermen may be elected on a gen- eral ticket. § 8. In case of cities organizing under section five (5) of this article, the county judge shall call and give notice of the election, and perform the same duties relative thereto as is above required to be performed by president and trustees of such town, and in canvassing such returns shall call to his assistance two justices of the peace. § 9. The city officers elected under either of the preceding sections, shall hold their respective offices until the next succeed- ing regular election for such officers, respectively, and until their successors are elected and qualified, as provided in this act. § 10. Cities organized under this act shall be bodies politic and corporate, under the name and style of "City of (name)," and under such »ame may sue and be sued, contract and be contracted with, acquire and hold real and personal property for corporate purposes, have a common seal and change the same at pleasure, and exercise all the powers hereinafter conferred. § 11. AH ordinances, resolutions and by-laws, in force in any city or town when it shall organize under this act, shall continue 6 in full force and effc itil repealed or amended, notwithstanding such change of oiy .ition j and the making of such change of organization shal" be construed to effect a change in the legal identity, as a corpo: ^tion, of such city or town. § 12. All rights and property of every kind and description, which were vested in any municipal corporation under its former organization, shall be deemed and held to be vested in the same municipal incorporation upon its becoming incorporated under the provisions of this act, but no rights or liabilities, either in favor of or against - such corporation, existing at the time of so becoming incorporated under this act, and no suit or prosecution of any kind, shall be affected by such change, but the same shall stand and progress as if no change had been made : Provided, that when a different remedy is given by this act, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this act, the same shall be deemed cumulative to the remedies before provided, and used accordingly. § 13. The corporate authorities of any city or village which may become organized under this act shall, within three months after organization hereunder, cause to be filed in the office of the recorder of deeds, in the county in which such city or village is situated, a certified copy of the entry made upon the records of the city, village or county court, of the canvass of the votes, show- ing the result of such election, whereby such city or village be- came so organized — and such recorder of deeds shall record the same. And such corporate authorities shall also cause a like cer- tificate to be filed in the office of the Secretary of State, who shall file the same, and keep a registry of cities and villages organized under this act. CITIES AND VILLAGES. 7 AETICLE II. OF THE MAYOR. Section. 1. Mayor — his qualifications. 2. Vacancy one year or more. 3. Vacancy less than year. 4. Mayor pro tern. 5. Vacancy by removal from city. 6. Mayor to preside — casting vote. 7. When he may remove officers. 8. His powers to keep peace. 9. Release of prisoners. Section. 10. General Duties. 11. To examine records, etc. 12. Messages to council. 13. To call out militia, etc. — riots, etc 14. Misconduct, etc., of mayor or other officer — penalty. 15. Revising ordidances after change of organization. Section 1. The chief executive officer of a city shall be a mayor, who shall be a citizen of the United States, a qualified elector, reside within the city limits, and hold his office for two years and until his successor is elected and qualified. § %. Whenever a vacancy shall happen in the office of the mayor, when the unexpired term shall be one year or over from the date when the vacancy occurs, it shall be filled by an election. § 3. If the vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual elec- tion, and until his successor is elected and qualified. § 4. During a temporary absence or disability of the mayor, the city council shall elect one of its number to act as mayor pro tern., who, during such absence or disability, shall possess the pow- ers of mayor. § 5. If the mayor, at any time during the term of his office, shall remove from the limits of the city, his office shall thereby become vacant. § 6. The mayor shall preside at all meetings of the city coun- cil, but shall not vote except in case of a tie, when he shall give the casting vote. § 7. The mayor shall have power to remove any officer ap- pointed by him, on any former charge, whenever he shall be of the opinion that the interests of the city demand such removal; but he shall report the reasons for such removal to the council at its next regular meeting. § 8. He may exercise, within the Q\ty limits, the powers con- ferred upon sheriffs, to suppress disorder and keep the peace. § 9. He may release any person imprisoned for violation of any city ordinance, and shall report such release, with the cause thereof, to the council at its first session thereafter. § 10. He shall perform all such duties as are or may be pre- scribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. § 11. He shall have power at all times to examine and 8 CITIES AND VILLAGi inspect the books, records and papers of any agent, employe or officer of the city. § 12. The mayor shall annually, and from time to time, give the council information relative to the affairs of the city and shall recommend for their consideration such measures as he may deem expedient. § 13. He shall have power, when necessaiy, to call on every male inhabitant of the city over the age of eighteen years to aid in enforcing the laws and ordinances, and to call out the militia to aid in suppressing riots and other disorderly conduct, or carry- ing into effect any law or ordinance, subject to the authority of the governor as commander-in-chief of the militia. § 14. In case the mayor or any other municipal officer shall at any time be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or misfeasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding one thousand dollars; and the court in which such conviction shall be had, shall enter an order removing such officer from office. § 15. He may appoint, by and with the advice and consent of the city council, immediately after such change of organization, one or more competent persons to prepare and submit to the city council for their adoption or rejection, an ordinance in revision of the ordinances of such city, and for the government of such city, the compensation of such reviser or revisers to be determined and rixed by the city council and paid out of the city treasury. o AETICLE III. OF THE CITY COUNCIL. Section. Section. • 1. Council — how composed. 12. Journal shall be kept. Number of aldermen. 13. Yeas and nays — record — vote re- Term of office of aldermen. quired. 4. Vacancy. 14. Not rescind vote at special meet- 5. Qualifications of aldermen. ing unless, etc. 6. Council judge of election and 15. When report laid over. qualification of members. 16. Territorial jurisdiction. 7. Rules — expulsion — bribery. 17. Special meetings. 8. Quorum — compelling attendance. 18. Ordinances — appeal — veto. 9. Meetings. 19. Reconsideration — passing over 10. Chairman pro tern. veto. 11. Open doors. Section 1. The city council shall consist of the mayor and aldermen. CITIES AND VILLAGES. 9 § 2. The number of aldermen, when not elected by the minority representation plan, shall be as follows : In cities not exceeding three thousand inhabitants, six aldermen; exceeding three thousand but not exceeding five thousand, eight aldermen ; exceeding five thousand and not exceeding ten thousand, ten aldermen j exceeding ten thousand and not exceeding thirty thousand, fourteen aldermen; and two additional aldermen for every twenty thousand inhabitants over thirty thousand: Pro- vided, however, that in cities of over one hundred thousand (100,000) inhabitants, there shall be elected thirty-six aldermen, and no more. § 3. Aldermen shall hold their office for the term of two years, and until their successors are elected and qualified. § 4. If any vacancy shall occur in the office of alderman by death, resignation, removal or otherwise, such vacancy shall be tilled by election. § 5. No person shall be eligible to the office of alderman unless he shall be a qualified elector, and reside within the ward for which he is elected, nor shall he be eligible if he is in arrears in the payment of any tax or other liability due to the city; nor shall he be direr-try or indirectly interested in any contract whatever to which the city is a party; nor shall he be eligible if he shall have been convicted of malfeasance, bribery or other corrupt practices or crimes; nt>r shall he be eligible to any office, the sal- ary of which is payable out of the city treasury, if at the time of his appointment he shall be a member of the city council ; nor shall any member of the city council at the same time hold any other office under the city government; nor shall he be either directly or indirectly, individually, or as a member of a firm, engaged in any business transaction (other than official) with such city, through its mayor or any of its authorized boards, agents or attorneys, whereby any money is to be paid, directly or indirectly, out of the city treasury to such member or firms. § 6. The city council shall be judge of the election and qualification of its own members. § 7. It shall determine its own rules of proceeding, punish its members for disorderly conduct, and with the concurrence of two-thirds of the aldermen elect, may expel a member, but not a second time for the same offense : Provided, that any alderman or councilman who shall have been convicted of bribery shall there by be deemed to have vacated his office. § 8. A majority of the aldermen elect shall constitute a quo- rum to do business, but a smaller number may adjourn from time to time, and may compel the attendance of absentees, under such penalties as may be /prescribed by ordinance. § 9. The city council may prescribe, by ordinance, the times and places of the meeting thereof, and the manner in which special meetings thereof may be called. (3) 10 CITIES AND VILLAGES* § 10. It may elect a temporary chairman in the absence of the mayor. § 11. It shall sit with open doors. § 12. It shall keep a journal of its own proceedings. § 13. The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the city, or for the expenditure or appropriation of its money, and in all other cases at the request of any member, which shall be entered on the journal of its proceedings; and the concurrence of a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance or proposition : Provided, it shall require two-thirds of all the aldermen elect to sell any city or school property. § 14. Ko vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. § 15. Any report of a committee of the council shall be deferred for final action thereon, to the next regular meeting of the same after the report is made, upon the request of any two aldermen present. § 16. The city council and board of trustees shall also have jurisdiction in and over all places within one-half mile of the city or village limits, for the purpose of enforcing health and quaran- tine ordinances and regulations thereof. § 17. The mayor or any three aldermen may call special meetings of the city council. § 18. All ordinances passed by the city council shall, before they take effect, be deposited in the office of the city clerk j and if the mayor approves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objec- tions thereto, in writing, at the next regular meeting of the council occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations con- tained in any ordinance making an appropriation, or to the entire 'dinance; and in case the veto only extends to a part of such .inance, the residue thereof shall take effect and be in force, .but in case the mayor shall fail to return any ordinance, with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordinance, and the same shall take effect accordingly. § 19. Upon the return of any ordinance by the 'mayor, the vote by which the same was passed shall be reconsidered by the council ; and if, after such reconsideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same 7 it shall go into effect; notwithstanding the mayor CITIES AND VILLAGES. 11 may refuse to approve thereof. The vote to pass the same over the mayor's veto shall be taken by yeas and nays, and entered on the journal. ARTICLE IV. ELECTIONS. Section. g Section. 1. Annual election. 9. Council to designate place of elec- 2. Election of mayor. tion — notice. 3. Who entitled to vote. 10. Manner of conducting elections. 4. Wards. 11. Result— tie. 5. Aldermen at first election — classi- 12. Notice to persons elected or ap- fied. pointed. 6. Minority representation. 13. Where no quorum in office — special 7. Aldermen under minority repre- election. sentation. 14. Special election. 8. Aldermen when minority plan not adopted. Section 1. A general election for city officers dhall be held on the third Tuesday of April of each year. § 2. At the general election held in eighteen hundred and seventy-three, and biennially thereafter, a mayor shall be elected in each city. § 3. All persons entitled to vote at any general election for state officers within any city or village, having resided therein thirty days next preceding thereto, may vote at any election for city or village officers. § 4. The city council may, from time to time, divide the city into one half as many wards as the total number of aldermen to which the city is entitled, and one alderman, shall, annually, b elected in and for each ward, to hold his office for two years, a until his successor is elected and qualified. In the formatio' wards, the population of each shall be as nearly equal, and l ward shall be of as compact and contiguous territory as practic- able. § 5. At the first election under this act, there shall be elected the full number of aldermen to which the city shall be entitled. At the first meeting of the city council after such election, the al- • dermen elected shall be divided, by lot, into two classes : those of the first class shall continue in office for one year, and those of the second class for two years. And upon any increase of the km- 12 CITIES AND YILLAGi ber of aldermen at their first election, one half shall be elected for one year, and one half for two years. § 6. Whenever this act shall be submitted to the qualified electors of any city for adoption, there shall, be submitted at the same time, for adoption or rejection, the question of minority rep- resentation in the city council or legislative authority of such city. At the said election the ballots shall be in the following form : "For minority representation in the cit} r council, " or "Against minority representation in the city council." And at any subse- quent time, on petition of the legal voters equal in number to one eighth the number of legal votes cast at the next preceding gen- eral city election, the city council shall cause the question of mi- nority representation to be submitted to the legal voters of said city, and the ballots shall be in form as provided in this section : Provided, that no such question of representation shall be submit- ted more than once in every two years. The judges of such elec- tion shall make returns thereof to the city council, whose duty it shall be to canvass such returns, and to cause the result of such canvass to be entered on the records of* such city. If a majority of the votes cast at such election shall be "For equal representa- tion in the city council/' then the members of the city coun- cil or legislative authority of such city shall be thereafter elected in the following manner : The council or legislative authority of such city, at least one month before the general election in the year in which this act shall take effect in such city, shall apportion such city, by dividing the population thereof, as ascertained by the last federal census, by any number not less than two nor more than six, and the quotient shall be 1 the ratio of representation in the city council. Districts shall be formed of contiguous and com- pact territory, and contain, as nearly practicable, an equal num- ber of inhabitants. [As amended by act approved March 27, 1874; in force July 1, 1874. § 7. Every such district shall be entitled to three aldermen, who shall hold their office for two years, and until their successors shall be elected and qualified : Provided, that those elected at the first election, from the wards bearing odd numbers, shall only hold their office for one year, and until their successors shall be elected and qualified. Vacancies occurring by the expiration of term, shall be filled by the election of aldermen for the full term of two years. Vacancies arising from any other cause than the expiration of term, shall be filled at an election to be held by the voters of the district in which such vacancy shall occur, at the time designated by the city council. In all elections for aldermen, aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit, and the candidate highest in votes shall be declared elected. CITIES AND VILLAGES. 13 ided by act approved March 27, 1874 j in force July (, io § v- If a majority of the votes cast at such election shall \>v "Against minority representation in the city council," the preced- ing section shall be null and void, so far as it relates to such city at such election, and the aldermen of such city shall be elected as otherwise provided for in this act. § 9. The city council shall designate the place or places in which the election shall be held, and appoint the judges and clerks thereof, and cause notice ;to be printed in some newspaper pub- lished in such city, if there be one, or posted at each voting place in such city, of the time, places of election, and of the officers to be elected, for at least twenty days prior to such election. § 10. The manner of conducting and voting at elections to be held under this act and contesting the same, the keeping of poll lists and canvassing the votes, shall be the same, as nearly as may be, as in the case of the election of county officers, under the general laws of this state. The judges of election shall appoint clerks, when necessary to fill vacancies, and the judges and clerks shall take the same oath and have the same powers and authority as the judges and clerks of general state elections. After the closing of the polls, the ballots shall be counted and the returns made out and returned, under seal, to the city or village clerk, as the case may be, within two days alter the election ; and, there- upon, the city council or board of trustees, as the case may be, shall examine and canvass the same and declare the result of the election, and cause a statement thereof to be entered upon its journals. § 11, The person having the highest number of votes, for any office, shall be declared elected. In case of a tie in the elec- tion of any city or village officer, it shall be determined by lot, in presence of the city council or board of trustees, in such manner as they shall direct, which candidate or candidates shall hold the office. § 12. It shall be the duty of the village or city clerk, within five days after the result of the election is declared or appoint- ment made, to notify all persons elected or appointed to office of their election or appointment, and unless such persons shall res- pectively qualify in ten days after such notice, the office shall be- come vacant. § 13. If, for any cause, there shall not be a quorum in office of the city council or board of trustees, the mayor, clerk, or any alderman or trustee, as the case may be, may appoint the time and place for holding a special election to supply such vacancy and give notice and appoint the judges thereof. § 14. If there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, the city council or board of trustees may forthwith order a new election (4) mm&Ml u CITIES AND VILLAGES, therefor; and in all cases, when necessary for the purposes of this act, may call special elections, appoint judges and clerks thereof, canvass the returns thereof; and provide by ordinance for the mode of conducting the same ) and shall give notice of such special elections, in which shall be stated the questions to be voted upon, and cause such notices to be published or posted for the same length of time and in the same manner as is required in the case of regular annual elections in such cities or villages. AETICLE V, OE THE POWERS OF THE CITY COUNCIL. Section. Section. 1. General powers of the city council. 7. Summons — affidavit— - punishment, 2. Style of ordinances. 8. Jurisdiction of justices, etc. 8. Publication of ordinances— when 9. Constables and sheriffs may serve they take effect. process, etc. 4. Proof of ordinances. 10. Jurisdiction over water. 5. Suits for violating ordinances. 8. Fines and licenses paid to treasu- rer. § 1. The city council in cities, and president and the board of trustees in villages, shall have the following powers : First — To control the finances and property of the corpora- tion. Second — To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. Third — To levy and collect taxes for general and special pur- poses on real and personal property. Fourth — To fix the amount, terms and manner of issuing and revoking licenses. Fifth— 'To borrow money on the credit of the corporation for corporate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it shall prescribe, but shall not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate to exceed five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes pre- vious to the incurring of such indebtedness j and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years after contracting the same. CITIES AND VILLAGES. 15 Sixth — To issue bonds in place of or to supply means to meet maturing bonds, or for the consolidation or funding of the same. Seventh — To lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, side- walks, wharves, parks and public grounds, and vacate the same. Eighth — To plant trees upon' the same. Ninth— To regulate the use of the same. Tenth — 'To prevent and remove encroachments or obstructions upon the same. Eleventh — To provide for the lighting of the same. Twelfth—To provide for the cleansing of the same. Thirteenth — To regulate the openings therein for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains, and erecting gas lights : Provided, however, that any company heretofore organized under the general laws of this state, or any association of persons organized, or which may be hereafter organized for the purpose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof with the same, shall have the right, by consent of the common council (subject to existing rights), to erect gas factories, and lay down pipes in the streets or alleys of any city or village in this state, subject to such regulations as any such city or village may by ordinance impose. Fourteenth — To regulate the use of sidewalks and all struc- tures thereunder ; and to require the owner or occupant of any premises to keep the sidewalks in front of, or along the same, free from snow and other obstructions. Fifteenth — To regulate and prevent the throwing or deposit- ing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury to, any street, avenue, alley or public ground. Sixteenth — To provide for and regulate crosswalks, curbs and gutters. Seventeenth — To regulate and prevent the use of streets, side- walks and public grounds for signs, sign posts, awnings, awning posts, telegraph poles, horse troughs, racks, posting handbills and advertisements. Eighteenth — To regulate and prohibit the exhibition or carry- ing of banners, placards, advertisements or handbills in the streets or public grounds, or upon the sidewalks. Nineteenth — To regulate and prevent the flying of flags, ban- ners or signs across the streets or from houses. Twentieth — To regulate traffic and sales upon the streets, side- walks and public places. Twenty-first — To regulate the speed of horses and other ani- mals, vehicles, cars and locomotives within the limits of the cor- poration. Twenty-second — To regulate the numbering of houses and lots. 16 CITIES A.VD VILLAGES. Twenty-third — To name and change the name of any L, avenue, alley, or other public place. Twenty fourth — To permit, regulate or prohibit the locating, constructing or laying a track of any horse railroad in any street, alley or public place j but such permission shall not be for a long- er time than twenty years. Twenty-fifth — To provide for and change the location, grade and crossings of any railroad. Twenty sixth — To require railroad companies to fence their re- spective railroads, or any portion of the same, and to construct cattle guards, crossings of streets and public roads, and keep the same in repair, within the limits of the corporation. In case any railroad company shall fail to comply with any such ordinance, it shall be liable for all damages the owner of any cattle or horse* or other domestic animal, may sustain, by reason of injuries there- to while on the track of such railroad, in like manner and extent as under the general laws of this sta^, relative to the fencing of railroads; and actions to recover such damages may be instituted before any justice of the peace or other court of competent juris- diction. Twenty -seventh — To require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against in- jury to persons and property in the use of such railroads. To compel such railroad to raise or lower their railroad tracks to con- form to any grade which may, at any time, be established by such city, and where such tracks run lengthwise of any such street, al- ley or highway, to keep their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or highway. To compel and require railroad companies to make and keep open and to keep m repair ditches, drains, sewers and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural drainage of adja- cent property shall not be impeded. Twenty -eighth — To construct and keep in repair bridges, via- ducts and tunnels, and to regulate the use thereof. Twenty-ninth— To construct and keep in repair culverts, drains, sewers and cesspools, and to regulate the use thereof. Thirtieth — To deepen, widen, dock, cover, wall, alter or change the channel of water courses. Thirty first— To construct and keep in repair canals and slips for the accommodation of commerce. Thirty-second — To erect and keep in repair public landing- places, wharves, docks and levees. Thirty-third — To regulate and control the use of public and private landing places, wharves, docks and levees. CITIES AND VILLAGES. 17 Thirty-fourth — To control and regulate the anchorage, moor- age and landing of all water craft and their cargoes within the jurisdiction of the corporation. Thirty-fifth — To license, regulate and prohibit wharf-boats, tugs and other boats used about the harbor or within such juris- diction. Thirty-sixth — To fix the rate of wharfage and dockage. Thirty -seventh — To collect wharfage and dockage from all boats, rafts or other craft landing at or using any public landing place, wharf, dock or levee within the limits of the corporation. Thirty-eighth —To make regulations in regard to the use of harbors, towing of vessels, opening and passing of bridges. Thirty -ninth — To appoint harbor masters, and define their duties. Fortieth — To provide for the cleansing and purification of waters, water courses and canals, and the draining or filling of ponds on private property, whenever necessary to prevent or abate nuisances. Forty-first — To license, tax, regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals and other exhibitions, shows and amusements, and to revoke such license at pleasure. Forty-second — To license, tax and regulate hackmen, draymen, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing like occupations, and to prescribe their compen- sation. Forty-third — To license, regulate, tax and restrain runners for stages, cars, public houses, or other things or persons. Forty fourth — To license, regulate, tax or prohibit and sup- press billiard, bagatelle, pigeon hole or any other tables or imple- ments kept or used for a similar purpose in any place of public resort, pin alleys and ball alleys. Forty fifth — To suppress bawdy and disorderly houses, houses of ill-fame or assignation, within the limits of the city, and within three miles of the outer boundaries of the city j and also to sup- press gaming and gambling houses, lotteries, and all fraudulent devises and practices for the purpose of gaming or obtaining money or property j and to prohibit the sale or exhibition of ob- scene or immoral publications, prints, pictures or illustrations. Forty-sixth — To license, regulate and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license : Provided, that the city council in cities, or presi- dent and board of trustees in villages, may grant permits to drug- gists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance: ^5) 18 CITIES AND VILLAGES. Provided, further, that in granting licenses such corporate authori- ties shall comply with whatever general law of the state may be in force relative to the granting of licenses. Forty-seventh-~The foregoing shall not be construed to affect the provisions of the charter of any literary mstittttution hereto- fore granted. Forty-eighth — And the city council in cites, and president and board of trustees in villages, shall also have the power to forbid and punish the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice or servant, or insane, idiotic or distracted person, habitual drunkard, or person intoxicated. Forty-ninth— -To establish markets and market houses, and provide for the regulation and use thereof. Fiftieth — To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and to provide for place and manner of selling the same. Fifty-first — To prevent and punish forestalling and regrating. Fifty-second — To regulate the sale of bread in the city or vil- lage ) prescribe the weight and quality of the bread in the loaf. Fifty-third — To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobac- co, flour, meal, and other provisions. Fifty-fourth — To regulate the inspection, weighing and meas- uring of brick, lumber, fire wood, coal, hay, and any article of merchandise. Fifty -fifth — To provide for the inspection and sealing of weights and measures. Fifty-sixth — To enforce the keeping and use of proper weights and measures by vendors. Fifth-seventh — To regulate the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters. Fifty-eighth — To regulate places of amusement. Fifty-ninth — To prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct. Sixtieth — To regulate partition fences and party walls. Sixty-first — To prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and construction of fire escapes therein. Sixty-second — The city council, and the president and trustees in villages, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected or placed or repaired, without permis- sion, and to direct that all and any buildings within the fire limits, when the same shall have been damaged by fire, decay or other- wise, to the extent of fifty per cent, of the value, shall be torn down or removed, and to prescribe the manner of ascertaining am oh dam age. CITIES AND VILLAGES. 10 Sixty-third — 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 manufac- tory,' and to cause the same to be removed or placed in a safe condition, when considered dangerous j to regulate and prevent the carrying on of manufactories, dangerous in causing and pro- moting tires j 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 a safe condition. Sixty-fourth — To erect engine houses, and provide fire engines, * hose carts, hooks and ladders, and other implements for preven- tion and extinguishment of fires, and provide for the use and management of the same by voluntary fire companies or other- wise. Sixty-fifth — To regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro- glycerine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use, of lights in stables, shops and other places, and the building of bonfires; also to regu- late and restrain the use of fire-works, fire-crackers, torpedoes, Eoman candles, sky-rockets, and other pyrotechnic displays. Sixty-sixth — To regulate the police of the city or village, and pass and enforce all necessary police ordinances. Sixty-seventh — To provide for the inspection of steam boilers. Sixty-eighth — To prescribe the duties and powers of a superin- tendent of police, policemen and watchmen. Sixty-ninth — To establish and erect calabooses, bridewells, houses of correction and workhouses, for the reformation and confinement of vagrants, idle and disorderly persons, and persons convicted of violating any city or village ordinance, and make rules and regulations for the government of the same, and appoint necessary keepers and assistants. Seventieth — To use the county jail for the confinement or pun- ishment of offenders, subject to such conditions as are imposed by law, and with the consent of the county board. Seventy-first — To provide by ordinance in regard to the rela- tion between all the officers and employes of the corporation in respect to each other, the corporation and the people. Seventy-second — To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or pri- vate place. Seventy-third — To prohibit and punish cruelty to animals. Seventy -fourth — To restrain and punish vagrants, mendicants and prostitutes. Seventy-fifth — To declare what shall be a nuisance, and to abate the same ; and to impose fines upon parties who may create, continue or suffer nuisances to exist. 20 CITIES AND VILLAGES. Seventy-sixth — To appoint a board of health and prescribe its powers and duties. Seventy-seventh — To erect and establish hospitals and medical dispensaries, and control and regulate the same. Seventy -eighth — To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the sup- pression of disease. Seventy -ninth — To establish and regulate cemeteries within or without the corporation, and acquire lands therefor, by purchase or otherwise, and cause cemeteries to be removed, and prohibit their establishment within one mile of the corporation. Eightieth — To regulate, restrain and prohibit the running at large of horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax on dogs. Eighty-first — To direct the location and regulate the manage- ment and construction of packing houses, renderies, tallow chan- dleries, bone factories, soap factories and tanneries, within the limits of the city or village, and within the distance of one mile without the city or village limits. Eighty-second — To direct the location and regulate the use and construction of breweries, distilleries, livery stables, blacksmith shops and founderies within the limits of the city or village. Eighty-third — To prohibit any offensive or unwholesome busi- ness or establishment within or within one mile of the limits of the corporation. Eighty-fourth — To compel the owner of any grocery, cellar, soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof. Eighty-fifth — The city council, or trustees of a village shall have power to provide for the taking of the city or village census; but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. Eighty-sixth — To provide for the erection and care of all public buildings necessary for the use of the city or village. Eighty-seventh — To establish ferries, toll bridges, and license and regulate the same, and, from time to time, fix tolls thereon. Eighty-eighth — To authorize the construction of mills, mill- races and feeders on, through or across the streets of the city or village, at such places and under such restrictions as they shall deem proper. Eighty-ninth — The city council shall have power, by condem- nation or otherwise, to extend any street, alley or highway over or across, or to construct any sewer under or through any railroad track, right of way, or land of any railroad company (within the corporate limits); but where no compensation is made to such railroad company, the city shall restore such railroad track, right CITIES AND VILLAGES. 21 of way or land to its former state, or in a sufficient manner not to have impaired its usafulness; Ninetieth — The city council or board of trustees shall have no power to grant the use of or the right to lay down, any railroad tracks in any street of the city, to any steam or horse railroad company, except upon a petition of the owners of the land repre- senting more than one-half of the frontage of the street, or so much thereof as is sought to be used for railroad purposes. Ninety-first — To tax, license and regulate auctioneers, distil- lers, brewers, lumber yards, livery stables, public scales, money changers and brokers. Ninety-second — To prevent and regulate the rolling of hoops, playing of ball, flying of kites, or any other amusement or prac- tice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams and horses. Ninety-tliird — To regulate and prohibit the keeping of any lumber } T ard, and the placing or piling or selling any lumber, timber, wood, or other combustible material, within the lire limits of the city. Ninety -fourth — To provide, by ordinance, that all the paper, printing, stationery, blanks, fuel, and all the supplies needed for the use of the city, shall be furnished by contract, let to the lowest bidder. Ninety-fifth — To tax, license and regulate second-hand and junk stores, and to forbid their purchasing or receiving from minors, without the written consent of their parents or guardians, any article whatsoever. Ninety-sixth — To pass all ordinances, rules, and make all regulations, proper or necessary, to carry into effect the powers granted to cities or villages, with such fines or penalties as the city council or board of trustees shall deem proper: Provided, no fine or penalty shall exceed $200, and no imprisonment shall exceed six months for one offense. § 2. The style of the ordinances in cities shall be: "Be it ordained by the city council of ." § 3. All ordinances of cities and villages imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation, shall, within one month after they are passed, be published at least once in a newspaper published in the city or village, or, if no such newspaper is published therein, by posting copies of the same in three public places in the city or village j and no such ordinance shall take effect until ten days after it is so published. And all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provided therein. § 4. All ordinances, and the date of publication thereof, may be proven by the certificate of the clerk, under the seal of the corporation. And when printed in book or pamphlet form, and purporting to be published by authority of the board of trustees 22 CITIES AND VILLAGES. or the city council, the same need not be otherwise published ; and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and places without further proof. § 5. All actions brought to recover any fine, or to enforce any penalty, under any ordinance of any city or village, shall be brought in the corporate name of the city or village as plaintiff ; and no prosecution, recovery or acquittal, for the violation of any such ordinance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate. § 6. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance. § 7. In all actions for the violation of any ordinance, the first process shall be a summons : Provided, however, that a war- rant for the arrest of' the offender may issue in the first instance upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any per- son arrested upon such warrant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail or the calaboose, city prison, work-house, house of correction, or other place provided by the city or village for the incarceration of offenders, until such fine, penalty and cost shall be fully paid : Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees shall have power to provide, by ordinance, that every person so committed shall be required to work for the corporation, at such labor as his >r her strength will permit, within and without such prison, work- house, house of correction, or other place provided for the incar- ceration of such offenders, not exceeding ten hours each working day ; and for such work the person so employed to be allowed, exclusive of his or her board, $2 for each day's work on account of such fine and cost. § 8. Any and all justices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof. § 9. Any constable or sheriff of the county may serve any process, or make any arrests authorized to be made by any city officer. CITIES AND VILLAGES. § 10. The city or village government shall have jurisdiction upon all waters within or bordering upon the same, to the extent of three miles beyond the limits of the city or village, but not to exceed the limits of the state, — [Amended in 1875. ARTICLE VI. OFFICERS — THEIR POWERS AND DUTIES, Section. Section. 1. Officers enumerated. • 8. Bribery— penalty, 2. Other officers — duties of city mar- 9. Mayor, etc., not to hold other office. shal. 10, Duties of clerk. *" 3. Appointment — vacancies — duties 11. Record of ordinances. powers. 12. Conservators of the peace — powers, 4. Oath — bond. 13. Compensation of mayor. 5. Commission — certificate — -delivery 14. Compensation of aldermen, etc. to successor. 15. Compensation of other officers. 6. Qualifications of officers. 16, Administering oaths. 7. Officers not to be interested in con- tracts, etc. § 1. There shall be elected, in all cities organized under this act, the following officers, viz : a mayor, a city council, a city clerk, city attorney, and a city treasurer. § 2. The city council may, in its discretion, from time to time, by ordinance passed by a vote of two-thirds of all the alder- men elected, provide for the election by the legal voters of the city, or the appointment by the mayor, with the approval of the cit}^ council, of a city collector, a city marshal, a city superinten- dent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other officers as may by said council be deemed necessary or expedient. The city council may, by a like vote, by ordinance or resolution, to take effect at the end of the then fiscal year, discontinue any office so created, and devolve the duties thereof on any other city officer j and no officer, filling any such office so discontinued, shall have any claim against the city on account of his salary, after such discontinuance. The city marshal shall perform such duties as shall be prescribed by the city council for the preservation of the public peace, and the ob- servance and enforcement of the ordinances and laws ; he shall possess the power and authorty of a constable at common law, and under the statutes of \his state. § 3. All officers of any city, except where herein otherwise provided, shall be appointed by the mayor (and vacancies in all 24 CITIES AND VILLAGES. offices except the mayor and aldermen shall be filled by like ap- pointment) by and with the advice and consent of the city council. The city council may, by ordinance not inconsistent with the pro- visions of this act, prescribe the duties and define the powers of all such officers, together with the term of any such office : Pro- vided , the term shall not exceed two years. § 4. All officers of any city or village, whether elected or appointed, shall, before entering upon the duties of their- respec- tive offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be,) that I will support the constitution ot the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability. Which oath or affirmation, so subscribed, shall be filed in the office of the clerk. And all such officers, except aldermen and trustees, shall, before entering upon the duties of their respective offices, execul^ a bond with security, to be approved by the city council or board of trustees, payable to the city or village, m such penal sum as may, by resolution or ordinance, be directed, condi- ti >ned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city or village : Provided, however, that in no case shall the mayor's bond be fixed at a less sum than than three thousand dollars (83,000)3 nor shall the treasurer's bond be fixed at a less sum than the amount of the estimated tax and special assessments for the current year — which bonds shall be filed with the clerk (except the bond of the clerk, which shall be filed with the treasurer). § 5. All officers elected or appointed under this act (except the clerk, aldermen and mayor, and trustees,) shall be commis- sioned by warrant, under the corporate seal, signed by the clerk and the mayor or presiding officer of the city council or board of trustees. The mayor or president of the board of trustees shall issue a certificate of appointment or election, under the seal of the corporation, to the clerk thereof, and any person having been an officer of the city or village, shall, within five days after noti- fication and request, deliver to his successor in office all property, books and effects of every description in his possession, belong- to the city or village, or appertaining to his said office ; and n his refusal to do so, shall be liable for all damages caused reby, and to such penalty as may by ordinance be prescribed. § 6. No person shall be eligible to any office who is not a qualified elector of the city or village, and who shall not have re- sided therein at least one year next preceding his election or ap- pointment, nor shall any person be eligible to any office who is a defaulter to the corporation. § 7. No officer shall be directly or indirectly interested in any contract, work or business of the city, or the sale of any arti- CITIES AND VILLAGES. 25 cle, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance j nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation. § 8. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in whole or in part, to be promised, offered or given to any member of the city council or board of trustees, or any officer of the corporation, after or before his election or ap- pointment as such officer, any moneys, goods, right in action, or other property or anything of value, any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may by law be brought before him in his official capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or under- taking to make the same under any agreement or understanding that his vote, opinion, judgment or action shall be influenced there- by, or shall be given in any question, matter, cause or proceeding then pending, or which may by law be brought before him in his official capacity, shall, upon conviction, be disqualified from hold- ing any public office, trust or appointment under the city or village, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or by a fine not ex- ceeding $5,000, or both, in the discretion of the court. Every per- son offending against either of the provisions of this section, shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evi- dence before any grand jury or in any court in the same manner as other persons ; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the per- son so testifying. § 9. No mayor, alderman, city clerk, or treasurer, shall hold any other office under the* city government during his term of office. § 10. The clerk shall keep the corporate seal, to be provided under the direction of the city council or board of trustees, and all papers belonging to the city or village ; he shall attend all meetings of the city council or board of trustees, and keep a full record of its proceedings in the journal j and copies of all papers duly filed in his office, and transcripts from the journals and other records and files of his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the origi- nals were produced. § 11. The clerk shall record, in a book to be kept for that (7) 26 CITIES AND VILLAGES. purpose, all ordinances passed by the city council or board of trustees, and at the foot of the record of each ordinance so record- ed shall make a memorandum of the date of the passage and of the publication or posting of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evi- dence of the passage and legal publication or posting of such ordi- nances for all purposes whatsoever. § 12. The trustees in villages, the mayor, aldermen, and the marshal and his deputies, policemen and watchmen, in cities, if any such be appointed, shall be conservators of the peace ; and all officers created conservators of the peace by this act, or author- ized by any ordinance, shall have power to arrest, or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance of the city or village, or any criminal law of the state, commit for examination, and if necessary, detain such persons in custody over night or Sunday in the watch house, or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers, as conservators of the peace, as the city council or board of trustees may prescribe. § 13. The mayor of any city shall receive such compensa- tion as the city council may by ordinance direct, but his compen- sation shall not be changed during his term of office. § 14. The aldermen and trustees may receive such compen- sation for their services as shall be fixed by ordinance : Provided, however, such compensation shall not exceed $3 to each alderman or trustee for each meeting of the city council, or board of trus- tees, actually attended by him, and no other compensation than for attendance upon such meetings shall be allowed to any alder- man or trustee for any services whatsoever. Such compensation shall not be changed, after it has been once established, so as to take effect as to any alderman or trustee voting for such change, during his term of office. § 15. All other officers may receive a salary, fees or other compensation to be fixed by ordinance, and after the same has been once fixed, such fees or compensation shall not be increased or diminished, to take effect during the term for which any such officer was elected or appointed; and every such officer shall make and return to the mayor, or president of the board of trus- tees, a semi-annual report, verified by affidavit, of all such fees and emoluments received by him. § 16. The mayor of any city, and the clerk of any city or village, shall have power to administer oaths and affirmations up- on all lawful occasions. CITIES AND VILLAGES. 27 AETICLE VII. OF FINANCE. Section. 10. 11. 12. Fiscal year. Annual appropriation ordinance. 15. Limitation — emergency-borrowing 16. money. Contracting liabilities limited. Duties of treasurer. Funds kept separate. Receipts. Monthly statements — warrants — vouchers — register. Deposit of funds — separate from his own. Treasurer s annual report — publi- cation. Warrants. Special assessment fund kept sepa- rate. Section. 14. He shall report, etc. — publication. Not to detain money — penalty. Examination of books — paying over. 17. 18. 19. 20. 21. 22. 23. CITY COLLECTOR. CITY COMPTROLLER. His powers and duties. Council may define duties — trans- fer of clerk's financial duties. Record of bonds issued by city. GENERAL PROVISIONS. Further duties may be required of officers. Appeal to finance committee. Who may appoint subordinates — liability. Foreign insurance companies — li- censes, etc. — penalties. 13. His duties. § 1. The fiscal year of each city or village organized under this act shall commence at the date established by law for the an- nual election of municipal officers therein, or at such other times as may be fixed by ordinance. § 2. The city council of cities, and board of trustees in villa- ges, shall, within the first quarter of each fiscal year, pass an ordi- nance, to be termed the annual appropriation bill, in which such corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation ; and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No fur- ther appropriations shall be made at any other time within such fiscal year, unless the proposition to make each appropriation has been first sanctioned by a majority of the legal voters of such city or village, either by petition signed by them, or at a general or special election duly called therefor. § 3. Neither the city council nor the board of trustees, nor any department or officer of the corporation, shall add to the cor- poration expenditures in any one year anything over and above the amount provided for in the annual appropriation bill of that year, except as is herein otherwise specially provided; and no ex- penditure for an improvement to be paid for out of the general fund of the corporation shall exceed, in any one year, the amount provided for such improvement in the annual appropriation bill : 0 28 CITIES AND VILLAGES. Provided, however, that nothing herein contained shall prevent the city council or board of trustees from ordering, by a two-thirds vote, any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The city council or board of trustees may, by a like vote, order the mayor or president of the board of trustees and finance committee to borrow a sufficient amount to provide for the .expense necessary to be incurred in making any improvements, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year — which sum, and the interest, shall be added to the amount author- ized to be raised in the next general tax levy, and embraced therein. Should any judgment be obtained against the corpora- tion, the mayor, or president of the board of trustees and finance committee, under the sanction of the city council or board of trus- tees, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next fiscal year — which sum and interest shall, in like manner, be added to the amount authorized to be raised in the general tax levy of the next year, and embraced therein. § 4. No contract shall be hereafter made by the city council or board of trustees, or any committee or member thereof; and no expense shall be incurred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or board of trustees or not, unless an appropriation shall have been previously made concern- ing such expense, except as herein otherwise expressly provided. § 5. The treasurer shall receive all moneys belonging to the corporation, and shall keep his books and accounts in such man- ner as may be prescribed by ordinance, and such books and ac- counts shall always be subject to the inspection of any member of the city council or board of trustees. § 6. He shall keep a separate account of each fund or appro- priation, and the debts and credits belonging thereto. § 7. He shall give every person paying money into the treas- ury a receipt therefor, specifying the date of payment, and upon what account paid , and he shall also file copies of such receipts with the clerk, at the date of his monthly reports. § 8. The treasurer shall, at the end of each and every month, and oftener if required, render an account to the city council or board of trustees, or such officer as may be designated by ordinance, (under oath), showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury, and on what account, together with all warrants redeemed and paid by him : which said warrants, with any and all vouchers held by him, shall be delivered to the clerk, and filed with his said account in the clerk's office, upon every day of such CITIES AND VILLAGES. 29 settlement. He shall return all warrants paid by him stamped or marked "paid." He shall keep a register of'all warrants redeemed and paid, which shall describe such warrants, and show the date, amount, number, the fund from which paid, the name of the per- son to whom and when paid. § 9. The treasurer may be required to keep all moneys in his hands, belonging to the corporation, in such place or places ot deposit as may be designated by ordinance : Provided, however, no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer and deposited elsewhere than in some regularly organized bank, nor without a bond to be taken from such bank, in such penal sum and with such security as the city council or board of trustees shall direct and approve, sufficient to save the corporation from any loss; but such penal sum shall not be less than the estimated receipts for the current year from taxes and special assessments levied, or to be levied, by the corporation. The treasurer shall keep all moneys belonging to the corporation in his hands separate and distinct from his own moneys, and he is hereby expressly prohibited from using, either directly or indi- rectly, the corporation money or warrants in his custody and keeping, for his own use and benefit, or that of any other person or persons whomsoever; and any violation of this provision shall subject him to immediate removal from office by the city council or board of trustees, who are hereby authorized to declare said office vacant j and in which case his successor shall be appointed, who shall hold his office for the remainder of the term unexpired of such officer so removed. § 10. The treasurer shall report to the city council or board of trustees, as often as required, a full and detailed account of all receipts and expenditures of the corporation, as shown by his books, up to the time of said report; and he shall, annually, be- tween the first and tenth of April, make out and file w r ith the clerk a full and detailed account of all such receipts and expenditures, and of all his transactions, as such treasurer, daring the preceding fiscal year, and shall show in such account the state of the treasury at the close of the fiscal year : which account the clerk shall im- mediately cause to be published in a newspaper printed in such city, if there be one, and if not, then by posting the same in a pub- lic place in the clerk's office. § 11. All warrants drawn upon the treasurer must be signed by the mayor and countersigned by the clerk, stating the particu- lar fund or appropriation to which the same is chargeable, and the person to whom payable ; and no money shall be otherwise paid than upon such warrants so drawn, except as hereinafter pro- vided. § 12. All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of^the improvement for which the assessment was made, (8) 30 CITIES AND VILLAGES. and said money shall be used for no other purpose whatever, un- less to reimburse such corporation for money expended for such improvement. CITY COLLECTOR. § 13. It shall be the duty of the collector, when one is ap- pointed, to preserve all warrants which are returned into his hands, and he shall keep such books and his accounts in such manner as the city council may prescribe. Such warrants, books, and all papers pertaining to his office, shall at all times be open to the inspection of and subject to the examination of the mayor, city clerk, any member of the council, or committee thereof. He shall weekly, and oftener if required by the council, pay over to the treasurer all moneys collected by him from any source whatever, taking such treasurer's receipt therefor, which receipt he shall im- mediately file with the city clerk ; but the city clerk shall, at the time, or on demand, give such tax collector a copy of any such re- ceipt so filed. § 14. He shall make a report, in writing, to the council, or any officer designated by the council, of all moneys collected by him, the account whereon collected, or of any other matter in connection with his office, when required by the council or by any ordinance of the city. He shall also, annually, between the first and tenth of April, file with the clerk a statement of all the mon- eys collected by him during the year, the particular warrant, special assessment or account on which collected, the balance of moneys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he shall have returned, during the preceding fiscal year, to the city clerk. The city clerk shall publish or post the same, as hereinbefore required to be done in regard to the annual report of the treasurer, § 15. The collector is hereby expressly prohibited from keeping the moneys of the city in his hands, or in the hands of any person or corporation, to his use, beyond the time which may be prescribed for the payment of the same to the treasurer, and any violation of this provision will subject him to immediate re- moval from office. § 16. All the city collector's papers, books, warrants and vouchers may be examined at any time by the mayor or clerk, or any member of the city council; and the collector shall every two weeks, or oftener if the city council so direct, pay over all money collected by him from any person or persons, or associations, to the treasurer, taking his receipt therefor in duplicate, one of which receipts he shall at once file in the office of the clerk. CITIES AND VILLAGES. 31 CITY COMPTROLLER. § 17. The city comptroller (if there shall be any city comp- troller appointed, if not, then the clerk) shall exercise a general supervision over all the officers of the corporation charged in any manner with the receipt, collection or disbursement of corporation revenues, and the collection and return of all such revenues into the treasury. He shall have the charge, custody and control of all deeds, leases, warrants, vouchers, books and papers of any kind, the custody and control of which is not herein given to any other officers ; and he shall, on or before the fifteenth day of May, in each year, and before the annual appropriations to be made by the city council or the board of trustees, submit to the city council or board of trustees a report of his estimates, as nearly as may be, of moneys necessary to defray the expenses of the corporation dur- ing the current fiscal year. He shall, in said report, class the dif- ferent objects and branches of expenditures, giving, as nearly as may be, the amount required for each ; and for the purpose of making such report, he is authorized to require of all officers their statement of the condition and expenses of their respective offices or departments, with any proposed improvements and the probable expense thereof, all contracts made and unfinished, and the amount of any and all unexpended appropriations of the preceding year. He shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report he shall give such other information to the council or board of trustees as he may deem necessary, to the end that the city coun- cil or board of trustees may fully understand the money exigencies and demands upon the corporation for the current year. § 18. When there shall be appointed in any city a comp- troller, the city council may, by ordinance or resolution, confer upon him such powers, and provide for the performance of such duties by him, as the city council shall deem necessary and proper ; and all the provisions of this act relating to the duties of city clerk, or the powers of city clerk in connection with the finances, the treasurer and collector, or the receipt and disbursments of the moneys of such city, shall be exercised and performed by such comptroller, if one there shall be appointed; and to that end and purpose, wherever in this act heretofore the word " clerk " is used, it shall be held to mean "comptroller;" and wherever the " clerk's office " is referred to, it shall be held to mean " comp- troller's office." § 19. The comptroller, when there shall be a comptroller, and if not, then the clerk, shall keep in his office, in a book or books kept expressly for that purpose, a correct list of all the outstanding 32 CITIES AND VILLAGES. bonds of the city, showing the number and amount of each, for and to whom the said bonds are issued ; and when any city bonds are purchased, or paid, or canceled, said book or books shall show the tact ; and in his annual report he shall describe, particularly, the bonds sold during the year, and the terms of sale, with each and every item of expense thereof. GENERAL PROVISIONS. § 20. The collector and treasurer, and all other officers con- nected with the receipt and expenditure of money, shall perform such other duties, and be subject to such other rules and regula- tions as the city council or board of trustees may, from time to time, by ordinance, provide and establish. § 21. In the adjustment of the accounts of the collector or treasurer with the clerk (or comptroller if there shall be one), there shall be an appeal to the finance committee of the council or board of trustees, whose decision in all matters of controversy arising between said officers shall be binding, unless the city council or board of trustees shall otherwise direct and provide. § 22. The comptroller (if there shall be one), the clerk, treasurer and collector, shall, severally, appoint such various clerks and subordinates in their respective offices as the city council or board of trustees may authorize, and shall be held, severally, responsible for the fidelity of all persons so appointed by them. § 23. All corporations, companies or associations not incorpo- rated under the laws of this state, engaged in any city in effecting fire insurance, shall pay to the treasurer the sum of $2 upon the $100 of the net receipts by their agency in such city, and at that rate upon the amount of all premiums which, during the half year ending on every first day of July and January, shall have been received for any insurance effected or agreed to be effected in the city or village, by or with such corporations, companies or associ- ations, respectively. Every person who shall act in any city or village as agent, or otherwise, for or on behalf of any such corporation, company or association, shall, on or before the fifteenth day of July and January, in each year, ren- der to the comptroller (if any there be, if not, to the clerk), a full, true and just account, verified by his oath, of all premiums which, during the half year ending on every first day of July and January preceding such report, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall specify in said account the amounts received for fire insurance. Such agents shall also pay over to the treasurer, at the time of rendering the aforesaid account, the amount of rates for which the company or companies represented by them are severally chargeable by virtue hereof. If such account be not rendered on or before the day CITIES AND VILLAGES. 38 hereinbefore designated for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corpo- ration, company or association so in default to transact any business of insurance in any such city or village, until the said requisitions shall have been fully complied with ; but this provis- ion shall not relieve any company from the payment of any risk that may be taken in violation hereof. Any person or persons violating any of the provisions of this section shall be subject to indictment, and upon conviction thereof, in any court of compe- tent jurisdiction, shall be fined in any sum not exceeding $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. Said rates may also be recovered of such corpora- tion, company or association, or its agent, by action in the name and for the use of any such city or village, as for money had and received for its use : Provided, that this section shall only apply to such cities and villages as have au organized fire department, or maintain some organization for the prevention of fires. ■o- AETICLE VIII. OF THE ASSESSMENT AND COLLECTION OF TAXES. Section. Section. 1. Ordinance levying tax. 4. When tax levied for particular 2. Manner of collecting. purpose. 3. Time of paying over. 5. Tax to be uniform. § 1. The city council in cities, and board of trustees in vil- lages, may assess and collect taxes for corporate purposes, in the following manner : The city council or board of trustees, as the case may be, shall, on or before the second Tuesday in September (August), in each year, ascertain the total amount of appropria- tions for all corporate purposes, legally made, and to be collected from the tax levy of that fiscal year, and by ordinance levy and assess such amount, so ascertained, upon the real and personal property within the city or village subject to taxation, as the same is assessed for state and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk of the proper county, whose duty it shall be to ascertain the rate per cent, which, upon the total valuation of all property sub- ject to taxation within the city or village, as the same is assessed and equalized for state and county purposes, will produce a net amount not less than the amount so directed to be levied and (9) 34 CITIES AND VILLAGES. assessed ; and it shall be the duty of the county clerk to extend such tax, in a separate column, upon the book or books of the collector or collectors of state and county taxes within such city or village. § 2. The tax so assessed shall be collected and enforced in the same manner and by the same officers as state and county taxes, and shall be paid over by the officers collecting the same to the treasurer of the city or village. § 3. It shall be the duty of the officer collecting such tax to settle with and pay over to such treasurer, as often as once in two weeks from the time he shall commence the collection thereof, all. such taxes as he shall then have collected, till the whole tax collected shall have been paid over. § 4. Whenever any city or village is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city council or board of trustees, and certified to the county clerk as aforesaid; but the city council or board of trustees shall determine, in the ordinance making such assessment, what proportion of such total amount shall be appli- cable to the payment of such particular debt, appropriation or liability; and the city or village treasurer shall set apart such proportion of the tax collected and paid to him for the payment of such particular debt, appropriation or liability, and shall not disburse the same for any other purpose until such debt, appro- priation or liability shall have been discharged. § 5. All taxes levied or assessed by any city or village, except special assessments for local improvements, shall be uni- form upon all taxable property and persons within the limits of the city, and no property shall be exempt therefrom other than such property as may be exempt from taxation under the consti- tution and general laws of the state. CITIES AND VILLAGES. 35 AETICLE IX. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. Section. Section. 1. Powers conferred. 29. Objections — judgment by default. 2 Ordinance for improvement. 30. Hearing — jury. 3. When property is to be taken. 31. Precedence. 4. Petition. 32. Court may modify, etc., the assess- 5. Form of petition. ment. 6. Summons — publication — notice. 33. Judgment several — appeal, etc.— 7. Hearing — jury. lien. 8. Jury to ascertain compensation — 34. Judgment certified to city clerk— admitting other parties. filing — warrant. 9. Viewing premises — ownership, etc. 35. Form of warrant. 10. Judgment — new parties — further 36. Collector's notice — form of. proceedings. 37. Manner of collecting — entry of 11. Powers of court. of payment. 12. Ownership — further powers of 38. Report of delinquent list to county court. collector — evidence — defence. 13. Persons under disability. 39. Application for judgment — what 14. Judgment — effect — appeal, etc. laws govern. 15. Order for possession. 40. Return of sales — redemption. 16. When improvement made by gene- 41. Penalty when lands are sold for ral tax. tax, etc. f 17. Special taxation. 42. Paying over — compensation. 43. General revenue laws apply. SPECIAL ASSESSMENT. 44. City or village may buy in. 45. When assessments set aside — new 18. How made. assessment. 19. Ordinance for— sidewalks — own- 46. Supplemental assessments. er's rights. 47. New assessments against delin* 20. Estimate of cost. quents — lien — limitation. 21. Order for proceedings in court. 48. Contracts payable from assess- 22. Petition to court. ments. 23. Appointment of commissioners — 49. How oontracts let- — approval. oath. 50. Lien. 24. Duty of commissioners. 51. Collection of assessment by suit. 25. Assessment roll — return of roll. 52. Supplemental petition to assess 26. Notice by mail, posting and publi- benefits in condemnation cases. cation. 58. Adoption of this article. 27. Proof of notice. 28. Continuance when notice not in time. § 1. That the corporate authorities of cities and villages are hereby vested with power to make local improvements by special assessment or by special taxation, or both, of contiguous property, or general taxation, or otherwise, as they shall by ordinance prescribe. § 2. When any such city or village shall, by ordinance, pro- vide for the making^ of any local improvement, it shall, by the same ordinance, prescribe whether the same shall be made by special assessment, or by special taxation of contiguous property, or general taxation, or both. CITIES AND VILLAGES. § 3. Should said ordinance provide for improvements which require the taking or damaging of property, the proceeding for making just compensation therefor shall be as follows: § 4. Whenever any such ordinance shall be passed by the legislative authority of any such city or village, for the making of any improvement mentioned in the first section of this act, or any other local improvement mentioned in the first section of this act, or any other local improvement that such city or village is authorized to make, the making of which will require that private property be taken or damaged for public use, such city or village shall file a petition in some court of record of the county in which such city is situated, in the name of the city, praying that "the just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordi- nance shall be ascertained by a jury." § 5. Such petition shall contain a copy of the said ordinance, certified by the clerk, under the corporate seal j a reasonably accurate description of the lots, parcels of land and property which will be taken or damaged, and the names of the owners and occu- pants thereof, so far as known to the board or officer filing the petition, and where any known owners are non-residents of the state, stating the fact of such non-residence. § 6. Upon the filing of the petition aforesaid, a summons, which may be made returnable upon any day in term time, shall be issued and served upon the persons made parties defendant, as in cases in chancery. And in case any of them are unknown, or reside out of this state, the clerk of the court, upon an affidavit being filed showing such fact, shall cause publication to be made in some newspaper printed in his county, or, if there be no newspaper published in his county, then in some newspaper published in this state, containing notice of the pendency of such proceeding, the parties thereto, the title of the court, and the time and place of the return of the summons in the case, and the nature of said proceeding; such publication to be made for four weeks consecu- tively, at least once in each week, the first of which shall be at least thirty days before the return day of such summons. Notices so given by publication shall be sufficient to authorize the court to hear and determine the suit, as though all parties had been sued by their proper names and had been personally served. [As amended by act approved and in force March 30, 1874. § 7. Upon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall pro- ceed to the hearing of such petition, and shall impanel a jury to ascertain the just compensation to be paid to all of such owners or occupants aforesaid ; but if any defendant or party in interest shall demand, or the court shall deem it proper, separate juries may be impaneled as to the compensation or damages to be paid CITIES AND VILLAGES. 87 to any one or more of such defendants or parties in interest. [As amended by act approved and in force March 30, 1874. § 8. Such jury shall also ascertain the just compensation to be paid to any person claiming an interest in any lot, parcel of land or property which may be taken or damaged by such improve- ment, whether or not such person's name, or such lot, parcel of . land, or other property, is mentioned or described in such peti- tion : Provided, such person shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in and description of the lot, parcel of land, or other property in respect to which he claims compensation. § 9. The court may the upon motion of such city or village, or of any person claiming any such compensation, direct that said jury (under the charge of an officer of the court) shall view the premises which it is claimed by any party to said proceeding will be taken or damaged by said improvement, and in any case, where there is no satisfactory evidence given to the jury as to the own- ership of, or as to the extent of the interest of any defendant in the property to be taken or damaged, the jury may return their verdict as to the compensation or damage to be paid for the prop- erty or £art of property to be taken or damaged, and for the entire interests therein. [As amended by act approved and in force March 30, 1874. § 10. Upon the return of such verdict, the court shall order the same to be recorded, and shall enter such judgment or decree thereon as the nature of the case may require. The court shall continue or adjourn the cause, from time to time, as to all occu- pants and owners named in such petition who shall not have been served with process, or brought in by publication, and shall order a new summons to issue and new publication to be made; and upon such occupants or owners being brought into court, shall impanel a jury to ascertain the compensation so to be paid to such defendant or defendants, for private property taken or damaged; and like proceedings shall be had for such purpose as hereinbefore provided for the ascertaining of compensation to other owners. § 11. The court shall have power, at any time, upon proof that any such owner or owners named in such petition, who has not been served with process, has ceased to be such owner or owners since the filing of such petition, to impanel a jury and ascertain the just compensation to be made for the property (or the damage thereto) which had been owned by the person or persons so ceasing to own. the same; and the court may, upon any finding or findings of any jury or juries, or at any time during the course of such proceedings, enter such. order, rule, judgment or decree as the nature of the case may require. § 12. ~No delay in making an assessment of compensation shall be occasioned by any doubt or contest which may arise as (10) 38 CITIES AND VILLAGES. to the ownership of the property, or any part thereof, or as to the interests of the respective owners or claimants, but in such case the court may impanel a jury and ascertain the entire compensa- tion or damage that should be paid for the property, or part of property, and the entire interests of all parties therein, and may require adverse claimants to interplead so as to fully determine their rights and interests in the compensation so ascertained. And the const may make such order as may be necessary in regard, to the deposit or payment of such compensation. § 13. When it shall appear, from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, or insane or distracted person, is interested in any property that is to be taken or damaged, the court shall appoint a guardian, ad litem, for such infant or insane or distracted person, to appear and defend for him, her or them; and the court shall make such order or decree as it shall be made by special taxation of contiguous property, the same shall be levied, assessed and collected in the way provided in the sections of this act providing for the mode of making, levying, assessing and collecting special assessments. SPECIAL ASSESSMENT. § 18. When the ordinance under which said local improve- ment is ordered to be made shall provide that such improvement shall be wholly or in part made by special assesment, the pro- ceedings for the making such special assessment shall be in ac- cordance with the sections of this act [article] from 18 to 51, in- clusive. § 19. Whenever such local improvements are to be made wholly or in part by special assessment, the said council in cities, or board of trustees in villages, shall pass an ordinance to that effect, specifying therein the nature, character, locality and description of such improvement : Provided, that whenever any such ordinance shall provide only for the building or renewing of any sidewalk, the owner of any lot or piece of land fronting on such sidewalk shall be allowed fifteen days after the time at which such ordinance shall take effect in which to build or renew such sidewalk opposite his land, and thereby relieve the same from assessment: Provided, that the work so to be done shall in all respects conform to the requirements of such ordinance. § 20. The city council or board of trustees shall appoint three of its members, or any other three competent persons, who shall make an estimate of the cost of the improvement contempla* ted by such ordinance, including labor, materials, and all other expenses attending the same, and the cost of making and levying the assessment, and shall report the same in writing to said council ' or board of trustees. § 21. On such report being made, and * approved by the council or board of trustees, as the case may be, it may order a petition to be filed by such officer as it shall direct, in the county court of its county, for proceedings to assess the cost of such im- j)rovement in the manner provided in this act. § 22. The petition shall be in the name of the corporation) and shall recite the ordinance for the proposed improvement and the report of such commission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. § 23. Upon the filling of such petition the court shall appoint three competent persons as commissioners, who shall take and subscribe an oath, in substance as follows, to wit : 40 CITIES AND VILLAGES. State op Illinois, \ County, f 9S ' We, the undersigned, commissioners, appointed by the county court of county, to assess the cost of (here state in general terms the improvement), do solemnly swear (or affirm, as the case may be,) that we will a true and impar- tial assessment make of the cost of said improvement upon the city (or village) of._^ , and the property benefited by such improvement, to the best of our ability, and according to law. § 24. It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made, and the lots, blocks, tracts and parcels of land that will be specially benefited thereby, and to estimate what proportion of the total cost of such improvement will be of benefit to the public, and what proportion thereof will be. of benefit to the property to be benefited, and apportion the same between the city or village and such property, so that each shall bear its relative equitable pro- portion ) and having found said amounts, to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by such improvement : Provided, that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited : And, pro- vided, further, that it shall not be necessary for said commissioners to examine the locality except where the ordinance provides for the opening, widening or improvement of streets and alleys. [As amended by act approved and in force March 30, 1S74. [§ 25 repealed by act approved April 25, 1873.] § 26. They shall also make or cause to be made an assess- ment roll, in which shall appear the names of the owners, as far as known, a description of each lot, block, tract or parcel of land, and the amount assessed as special benefits thereto, and in which they shall set down as against the city or village the amount they shall have found as public benefit, and certify such assessment roll to the court by which they were appointed, at least ten days before the first day of the term at which a final hearing thereon shall be had. [As amended by act approved and in force March 30, 1874. § 27. It shall also be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing thereon will be had, in the following manner: First — They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice, substantially in the following form : Mr. : Your (here give a short description of the premises) is assessed $ for public improvement. The assessment roll will be returned to the term of the county court of county. (Here give date.) Commissioners. CITIES AND VILLAGES. 41 Second — They shall cause at least ten days' notice to be given, by posting notices in at least four public places in such city or village, two of which shall be in the neighborhood of such pro- posed improvement j and when a daily newspaper is published in such city or village, by publishing the same at least five successive days in such daily newspaper, or if no daily newspaper is pub- lished in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive w^eeks, in such weekly newspaper, or if no daily or weekly newspaper is published in such city or village, then in a newspaper published in the county in w T hich such city or village is situated. The notice may be substantially as follows : SPECIAL ASSESSMENT NOTICE. Notice is hereby given to all persons interested, that the city council (or board of trustees, as the case may be), of , having ordered that (here insert description and nature of improvements substantially as in ordinance,) have applied to the county court of county for an assessment of the cost of said improvements, according to benefits ; and an assessment thereof having been made and returned to said court, the final hearing thereon will be had at the term of said court, commencing on the day of A. D. 18__. All persons desiring may then and there appear and make their defense. (Here give date.) Cornmis&ioners. [As amended by act approved April 25, 1873 j in force July 1, 1873. § 28. On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent or caused to be sent by mail, to the owners whose premises have been assessed, and whose name and place of resi- dence are known to them, the notice hereinbefore required to be sent by mail to ow T ners of premises assessed. They shall also cause to be filed the affidavit of the person who shall have posted the notices required by this act to be posted, setting forth when and in what manner the same were posted. Such affidavits shall be received as prima facie evidence of a compliance with this act in regard to giving such notices. They shall also file a certificate of publication of said notice in like manner as is required in other cases of publication of notices. [As amended by act approved April 25, 1873; in force July 1, 1873. § 29. If ten da} r s shall not have elapsed between the first publication or the putting up of such notices and the first day of the next term of such court, the hearing shall be continued until the next term of court. § 30. Any person interested in any real estate to be affected by such assessment, may appear and file objections to such report, (ID 42 CITIES AND VILLAGES. and the court may make such order in regard to the time of filing such objections as may be made in cases at law in regard to the time of filing pleas. As to all lots, blocks, tracts and parcels of land to the assessment of which objections are not filed within the time ordered by the court, default may be entered, and the assess- ment confirmed by the court. § 31. On the hearing, the report of the commissioners shall be competent evidence, and either party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of the objector are assessed more or less than they will be benefited, or more or less than their propor- tionate share of the cost of the improvement, the jury shall so find, and also find the amount for which such premises ought to assessed, and judgment shall be rendered accordingly. § 32. The hearing in all cases arising under this act shall have precedence over all other cases in such court, except crimi- nal cases. § 33. The court before which any such proceeding may be pending, shall have authority, at any time before final adjournment [judgment], to modify, alter, change, annul or confirm any assess- ment returned, as aforesaid, or cause any such assessment to be recast by the same commissioners whenever it shall be necessary for the attainment of justice, or may appoint other commissioners in the place of all or any of the commissioners first appointed, for the purpose of making such assessment, or modifying, altering, changing or recasting the same, and may take all such proceed- ings and make all such orders as may be necessary to make a true and just assessment of the cost of such improvement according to the principles of this act, and may from time to time, as may be necessary, continue the application for that purpose as to the • whole or any part of the premises. § 34. The judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment or writ of error shall not invali- date or delay the judgment, except as to the property concerning which the appeal or writ of error is taken. Such judgment shall be a lien upon the property assessed, from the date thereof until payment shall be made. § 35. The clerk of the court in which such judgment is ren- dered shall certify the assessment roll and judgment to the clerk of such city or village, or if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error. The clerk of the city or village shall file such cer- tificate in his office, and issue a warrant for the collection of such assessment. CITIES AND VILLAGES. 43 § 36. The warrant in all cases of assessment under this act shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts or parcels of land assessed, and the respect- ive amounts assessed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized to collect such special assessments. Such warrant shall give sufficient authority to collect the assessments therein specified. § 37. The collector receiving such warrant shall immediately give notice thereof by publishing such notice in one or more newspapers in such city or village, if such newspaper is there ; and if there is no such newspaper, then by posting four copies thereof in public places along the line of the proposed improve- ment. Such notice may be substantially in the following form : SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. — Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment upon property benefited by the following im- provement (here insert the character and location of the improvement in general terms) as Will more fully appear from the certified copy of the judgment on file in the office of the clerk of the city (or village) of ; that a warrant for the collection of such assessments is in the hands of the undersigned. All persons interested are hereby notified to call and pay the amounts assessed, at the collect- or's office, (here insert location of office) within thirty days from the date hereof. Dated this day of , A. D. 18__. , Collector. § 38. It shall be the duty of the collector into whose hands the warrant shall so come, as far as practicable, to call upon all persons resident within the corporation whose names appear on the assessment roll, or the occupants of the property assessed, and personally, or by written or printed notice left at his or her usual place of abode, inform them of such assessment, and request pay- ment of the same. Any such collector omitting so to do shall be liable to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and obtain judgment for any such special [assessment,] shall not be affected by such omission. It shall be the duty of such collector to write the word "paid " opposite each tract or lot on which the assess- ment is paid, together with the name and post office address of the person making the payment, and date of payment. § 39. It shall be the duty of the collector of special assess- ments, within such time as the city council or board of trustees may by ordinance provide, to make a report in writing — to the , general officer of the county authorized, or to be designated by the general revenue law of this state, to apply for judgment and sell lands for taxes due the county and state — of all the lands, town lots and real property on which he shall have been unable to collect special assessments, with the amount of special assess- merits due and unpaid thereon, together with his warrant, or with a brief description of the nature of the warrant or warrants received by him authorizing the collection thereof ; which report shall be accompanied with the oath of the collector that the list is a correct return and report of the lands, town lots and real prop- erty on which the special assessments levied by authority of the city of (or village of , as the case may be), remain due and unpaid ; that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. Said report, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due and unpaid. And, upon the application for judgment upon such assessment, no defense or objection shall be made or heard which might have been interposed in the proceed- ing for the making of such assessment, or the application for the confirmation thereof. § 40. When said general officer shall receive the report pro- vided for in the preceding section, he shall at once proceed to obtain judgment against said lots, parcels of land and property for said special assessments remaining due and unpaid, in the same manner as is or may be by law provided for obtaining judg- ment against lands for taxes due and unpaid the county and state,; and shall in the same manner proceed to sell the same for the said special assessments remaining due and unpaid. In obtaining said judgment and making said sale, the said officers shall be governed by the general revenue laws of this state, except when otherwise provided herein. § 41. After making said sales, the list of lots, parcels of land and property sold thereat shall be returned to the office of the county clerk, and redemption may be made as provided for by the general revenue law of this state. § 42. If the collector shall receive any moneys for taxes or assessments, giving a receipt therefor for any land or parcel of land, and afterwards return the same as unpaid to the state officers authorized to sell lands for taxes, or shall receive the same after making such return, and the same be sold for tax or assessment which has been so paid and receipted for by himself or his clerks, he and his bondshalf be liable to the holder of the certificate given to the purchasers at the sale, for double the amount of the face of the certificate, to be demanded in two years from the date of the sale, and recovered in any court having jurisdiction of the amount; and the city or village shall, in no case, be liable to the holder of such certificate. § 43. The collector or collectors, and the general officer aforesaid, to whom the said warrant shall be returned, shall pay over to the city or village treasurer to which it shall belong all CITIES AND VILLAGES. 45 moneys collected by them, respectively, upon or by virtue of such warrant, or upon any sale for taxes or otherwise, at such time or times, and in such manner as shall be prescribed by ordinance, and shall be allowed such compensation for their services in the collection of such assessment as the ordinances of the city or vil- lage may provide, except when such compensation is fixed by general law. § 44. The general revenue laws of this state, in reference to proceedings to recover judgments for delinquent taxes, sale of property thereon, the execution of certificates of sale and deeds thereon, the force and effect of such sales and deeds, and all other laws in relation to the enforcement and collection of taxes and redemption from tax sales, except as herein otherwise provided, shall be applicable to proceedings to collect such special assess- ment. § 45. Any city or village interested in the collection of any tax or special assessment, may become a purchaser at any sale of real or personal property to enforce the collection of the same, and may, by ordinance, authorize and make it the duty of one or more city or village officers to attend such sales, and bid thereat in behalf of the corporation. § 46. If any assessment shall be annulled by the city council or board of trustees, or set aside by any court, a new assessment may be made and returned, and like notice given and proceedings had, as herein required in relation to the first j and all parties in interest shall have the like rights, and the city council or board of trustees and court shall perform like duties and have like power in relation to any subsequent assessment, as are hereby given in relation to the first assessment. § 47. If, in any case, the first assessment prove insufficient, a second may be made in the same manner, as nearly as may be, 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 ratably to those by whom it was paid. § 48. If, from any cause, any city or village shall fail to col- lect the whole or any portion of any special assessment which may be levied, which shall not be canceled and set aside by the order of any court, for any public improvement authorized to be made and paid for by special assessment, the city council or board of trustees 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 same manner as is herein prescribed for the first assessment. In all cases where partial payment shall have been made on such former assessment, they shall be credited or allowed on the new assess- ed) 46 CITIES AND VILLAGES. ment to the property for which they were made, so that the assess- ment shall be equal and impartial in its results. If such new as- sessment prove ineffectual, either in whole or in part, the city council or board of trustees may, at any time within said period of five years, order a third, and so on, to be levied in the same man- ner and for the same purpose; and it shall constitute no legal ob- jection to such assessment 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 improvements, 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 re- quired to collect, in due course of law, any new assessment ordered within that period. § 49. All persons taking any contracts with the city or vil- lage, and who agree to be paid from special assessments, shall have no claim or lien upon the city or village in any event, ex- cept from the collection's of the special assessments made for the work contracted for. § 50. All contracts for the making of any public improve- ment, to be paid for in whole or in part by a special assessment, and any work or other public improvement, when the expense thereof shall exceed $500, shall be let to the lowest responsible bidder, in the manner to be prescribed by ordinance — such con- tracts to be approved by the mayor or president of the board of trustees : Provided, hovjever, any such contract may be entered in- to by the proper officer without advertising for bids, and without such approval, by a vote of two-thirds of all the aldermen or trus- tees elected. § 51. All special assessments levied by any city or village un- der this act, shall, from the date of assessment, be a lien upon the real estate upon which the same may be imposed, and such lien shall continue until oiich special assessments are paid. And the same proceedings may be resorted to by the collector, upon any warrant or order issued or made for the collection of special as- sessments, as in the case of the collection of state and county taxes under the general laws of the state. § 52. At any time after the same becomes due, it shall and may be lawful for any collector thereof to commence suit in any court of record, in the corporate name of such city or village, against any person or persons, for the total amount of special as- sessments which such person or persons are liable for the payment of. Such suit shall be commenced by petition, and shall state the several amounts of the special assessments sought to be recovered and give a general description of the warrant or warrants issued for the collection thereof. Upon the filing of the petition a sum- mons shall be issued, served and returned as in other suits in such CITIES AND VILLAGES* 47 court. Upon the return of such summons, duly served, the court shall forthwith proceed to the hearing of said petition without formal pleadings, and may render judgment for all or any part of the special assessments, as the right and justice of the case may require. The original, or a certified copy (by the clerk, under the corporate seal,) of such warrant or warrants and list or lists, or so much thereof as refers to the special assessments sought to be re- covered, shall he prima facie evidence of the right of said collector to a judgment in favor of such corporation. Execution shall issue on such judgment as in other cases, .but such execution may be first levied upon and collected from any personal property of the defendant; or the court, in which such proceedings were had, may, upon complaint of the city or village, issue a scire facias against the person or persons liable for such payment, to show cause why execution should not issue against him or them for the amount of such assessment; and if) upon the return of such scire facias, good- cause is not shown why execution should not issue, the court may award execution against such person or persons in the usual form of execution upon judgments at law. § 53. Whenever any city or village shall apply to any court for the purpose of making just compensation for property taken or damaged by such proceedings as are authorized by this act, such city or village may file in the same proceeding a supplemen- tal petition, praying the court to cause that an assessment be made for the purpose of raising the amount necessary to pay the com- pensation and damages which may be or shall have been awarded for the property taken or damaged, with the costs of the proceed- ing. The said court shall have power, at any time after any such supplemental petition shall have been filed, to appoint three com- missioners to make such assessment, and to ascertain, as near as may be, the costs incurred to the time of such appointment, and the probable further costs of the proceedings, including therein the estimated costs of making and collecting such assessment, and shall direct such costs to be included by such commissioners in making said assessment. Like proceedings in making said assessment shall be had, and the assessment shall be made, col- lected and enforced in the same manner, as near as may be, as is provided in this article in other cases. [As amended by act approved and in force March 30, 1874. § 54. Any city or incorporated town or village may, if it shall so determine by ordinance, adopt the provisions of this arti- cle without adopting the whole of this act; and where it shall have so adopted this article, it shall have the right to take all pro- ceedings in this article provided for, and have the benefit of all the provisions hereof.^ 48 CITIES AND VILLAGES. AETICLE X. (MISCELLANEOUS provisions)— water. Section. Section. 1. Water — borrow money. 6. Inhabitants competent as jurors, 2. Acquiring property for water etc. works — jurisdiction over. 7. Population — census. 3. Regulations — rates — taxation, etc. 8. Municipal year. 4. Tax-payer may enforce rights in 9. City or village need not give ap- name of city, etc. peal bond. 5. Maps — approval of. § 1. The city council or board of trustees shall have the power to provide for a supply of water by the boring and sinking of arte- sian wells, or by the construction and regulation of wells, pumps, cis- terns, reservoirs or water works, and to borrow money therefor, and to authorize any person or private corporation to construct and maintain the same at such rates as may be fixed by ordinance, and for a period not exceeding thirty years) also to prevent the unneces- sary waste of water) to prevent the pollution of the water, and injuries to such wells, pumps, cisterns, reservoirs, or waterworks. § 2. For the purpose of establishing or supplying water works, any city or village may go beyond its territorial limits, and may take, hold and acquire property by purchase or other- wise; shall have power to take and condemn all necessary lands or property therefor, in the manner provided for the taking or injuring private property for public uses j and the jurisdiction of the city or village to prevent or punish any pollution or injury to the stream or source of water, or to such water works, shall extend five miles beyond its corporate limits, or so far as such water works may extend. § 3. The city council or board of trustees shall have power to make all needful rules and regulations concerning the use of water supplied by the water works of said city or village, and to do all acts and make such rules and regulations for the construc- tion, completion, management or control of the water works, and for the levying and collecting of any water taxes, rates or assessments, as the said city council or board of trustees may deem necessary and expedient) and such water taxes, rents, rates or assessments may be levied or assessed upon any lot or parcel of ground, having a building or buildings thereon, which shall abut or join any street, avenue or alley in such city or village through which the distri- buting pipes of such waterworks (if any) of said city or village are or may be laid, which can be conveniently supplied with water from said pipes: Provided, [whether] the water shall be used on such lot or parcel of ground or not) and the same, when so levied or assessed, shall become a continuing lien or charge upon such lot or parcel of ground, building or buildings, situated thereon, CITIES AND VILLAGES. 41) and such lien or charge may be collected or enforced in such manner as the city council may, by ordinance prescribe. And the corporate authorities may levy a general tax for the construction and maintenance of such water works, and appropriate money therefor. § 4. A suit may be brought by any tax-payer, in the name and for the benefit of the city or village, against any person or cor- poration, to recover any money or property belonging to the city or village, or for any money which may have been paid, expended, or released without authority of law : Provided, that such tax- payer shall file a bond for all costs, and be liable for all costs in case the city or village be cast in the suit, and judgment shall be rendered accordingly. § 5. The city council or board of trustees shall have power to provide, by ordinance, that any map, plat or subdivision of any block, lot, sub-lot, or part thereof, or of any piece or parcel of land, shall be submitted to the city council or board of trustees, or to some officer to be designated by such council or board of trus- tees, for their or his approval ; and in such cases no such map, plat or subdivision shall be entitled to record in the proper county, or have any validity until it shall have been so approved. § 6. No person shall be an incompetent judge, justice or juror, by reason of his being an inhabitant or freeholder in said city or village, in any action or proceeding in which said city or village may be a party in interest. § 7. Whenever in this act any provision thereof is based up- on the number of inhabitants, [the number of inhabitants] of the city or village shall be determined by reference to the latest cen- sus taken by authority of the United States or this state, or of such city or village ; and it shall be the duty of the secretary of state, upon the publication of any state or United States census, to cer- tify to each city or village the number of inhabitants, as shown by such census. Any city or village may, by ordinance, provide for the taking of a census of the population thereof, in order to deter- mine the number of such population for any and all purposes of this act. And the several courts in this state shall take judicial notice of the population of any city or village, as the same may appear from the latest federal, state, city or village census so taken. § 8. The term "municipal year" shall be construed to mean the period elapsing between the regular annual election, unless otherwise provided by ordinance. § 9. When in any suit the city or village prays an appeal from the judgment of any court of this state to a higher court, it shall not be required to furnish an appeal bond. (13) 50 CITIES AND VILLAGES. CITIES AND TILLAGES. An Act to amend section ten (10), of article five (5), of "An act to provide for the incorporation of cities and villages," approved April 10, 1872. Section. 1. Amend section 10 article 5, general act — Jurisdiction over waters — Street labor. In force July 1, 1875. § 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That section 10, of«article 5, of said act, be amended so as to read as follows, viz : "§ 10. The city or village government shall have jurisdic- tion upon all waters within or bordering on the same, to the extent of three miles beyond the limits of the city or village, but not to exceed the limits of the state ) and may, by ordinance, require every able bodied male inhabitant of such city or villrge, above the age of twenty-one years and under the age of fifty years, (excepting paupers, idiots, lunatics, and such others as are exempt by law,) to labor on the streets and alleys of such city or village, not more than three days in each year, but such ordinance shall provide for commutation of such labor at not more than one dollar and fifty cents per day." Approved April 10, 1875. SIDEWALKS. An Act to provide additional means for the construction of sidewalks in cities, towns and villages. In force July 1, 1875. Section. Section. 1. Sidewalks by taxation. 5. General officer to obtain judgment 2. What ordinance may provide. — by what law governed. 8. In case of default to construct side- 6. When constructed by owner, may walk. obtain order. 4. Special tax — duty of clerk — report. § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That in addition to the mode now authorized by law, any city or incorporated town or village may by ordinance provide for the construction of sidewalks there- in, or along or upon any street or part of street therein, and may, CITIES AND VILLAGES. 51 by such ordinance, provide for the payment of the whole or any part of the cost thereof by special taxation of the lot, lots or par- cels of land touching upon the line where any such sidewalk is ordered, and such special taxation may be either by a levy on any lot of the whole, or any part of the cost of making any such side- walk in front of such lot or parcel of land, or by levying the whole or any part of the cost upon each of the lots or parcels of land touching upon the line of such sidewalk, pro rata, upon each of •said lots or parcels, according to their respective values — the values to be determined by the last preceding assessment thereof for the purpose of state and county taxation j or the whole or any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such sidewalks, or in proportion to their superficial area, as may be provided by the or- dinance ordering the laying down of such sidewalk ; and in case such ordinance shall only require the payment of a part of the cost of such sidewalk to be paid by special tax as aforesaid, then the residue of such cost shall be paid out of any fund of such city, town or village raised by general taxation upon the property thereof, and not otherwise appropriated. § 2. Said ordinance shall define the location of such proposed sidewalk with reasonable certainty, shall prescribe its width, the materials of which it shall be constructed, and the manner of its construction, and may provide that the materials and construction shall be under the supervision of, and subject to the approval of some officer or board of officers of such city, town or village, to be designated in said ordinance. Said ordinance shall be published as required by law for other ordinances of said city, town or vil- lage, and may require all owners of lots or parcels of land touch- ing the line of said proposed sidewalk, to construct a sidewalk in front of their respective lots or parcels in accordance with the specifications of said ordinance, within thirty days after such publi- cation, and in default thereof, said materials to be furnished and sidewalk to be constructed by said city, town or village, and the cost, or such part thereof as may be fixed in said ordinance, may be collected from the respective owners of said lots or parcels of land as hereinafter provided. § 3. In case of the default of any lot owner or owners to con- struct the sidewalks, as required by ordinance, and the same shall be constructed by the city, town or village, the cost thereof, or such part of the cost thereof as may have been fixed by said ordi- nance, may be recovered of the owners so in default, by an action of debt in the name of the city, town or village, against such owners respectively, in any court of competent jurisdiction, or up- on the completion of t^ie work by such city, town or village. Such ordinance may provide that a bill of the cost of such sidewalk, showing in separate items the cost of grading, materials, laying down and supervision, shall be filed in the office of the clerk of 52 CITIES AND VILLAGES. such city, town or village, certified to by the officer or board des- ignated by said ordinance to take charge of the construction of such sidewalk, together with a list of the lots or parcels of land touching upon the line of said sidewalk, the names of the owners thereof, and the frontage, superficial area, or assessed value as aforesaid, according as said ordinance may provide for the levy of said cost by frontage, superficial area or assessed value ; where- upon said clerk shall proceed to prepare a special tax list against said lots or parcels, and the owners thereof, ascertaining by com- putation the amount of special tax to be charged against each of said lots or parcels and the owners thereof, on account of the con- struction of said sidewalk, according to the rule fixed for the levy of such special tax by said ordinance, which special tax list shall be filed in the office of said clerk ; and said clerk shall thereupon issue warrants directed to such officer as may be designated in such ordinance, for the collection of the amount ol special tax so ascer- tained and appearing from said special tax list to be due from the respective owners of the lots or parcels of land touching upon the line of said sidewalk; and such officer shall proceed to collect such warrants in the same manner as constables are authorized to col- lect executions, and make return thereof, together with the moneys collected, to the clerk of such city, town or village, within sixty days from the date of their issue; and in case any such warrant shall be returned, as to the whole or any part thereof, " no prop- erty found," other warrants may issue, and proceedings by gar- nishment may be resorted to as in cases of garnishment in aid of collection of judgments at law, and all moneys so collected and paid over to said clerk, shall be, by him, immediately paid over to the treasurer of said city, town or village. § 4. Upon the failure to collect such special tax as hereto- fore provided in this act, it shall be the duty of said clerk, within such time as said ordinance may provide, to make report of all such special tax, in writing, to such general officer of the county as may be authorized by law to apply for judgment against, and sell lands for taxes due the county or state, of all the lots or par- cels of land upon which such special tax sh&ll be so unpaid, with the names of the respective owners thereof, so far as the same are known to said clerk, and the amount due and unpaid upon each tract, together with a copy of the ordinance ordering the construc- tion of said sidewalk, which report shall be accompanied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost (as the case may be) of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports when so made, shall be prima facie evidence that all the forms and re- quirements of the law in relation to making such return have been CITIES AND VILLAGES. 53 complied with, and that the special tax as mentioned in said re- port, is due and unpaid. § 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and un- paid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid the county and state, and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided herein, and said general laws shall also be applicable to the exe- cution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds ; and all other laws in relation to the enforcement and collection of taxes, and redemption from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided. § 6. Whenever payment of the costs of any such sidewalk is required to be made in part by special tax, and in part out of the general fund of such city, town or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordinance providing for its construction, such owner shall file with the clerk of such city, town or village, an itemized statement of the cost of such sidewalk so constructed by him, verified by affidavit, together with a certificate of the officer or board directed by such ordinance to superintend the construc- tion thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council Of such city, town or village shall thereupon, at its first meeting thereafter, allow and order to be issued to such owner an order on the treasurer of such city, town or village, for the cost of the construction of such sidewalk, less the amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed. [Ap- proved April 15, 1875. \ (14) CITIES AND VILLAGES, FEEftlES AND BBIDGES, AN ACT to enable the corporate authorities now or hereafter incorporated under an act entitled " An act to provide for the incorporation of cities and villages," in force July 1st, 1872, to acquire by purchase, lease or gift, estab-' lish, maintain, license and regulate ferries, bridges, the approaches thereto and tolls thereon. [Approved Match 27, 1874. In force July 1, 1874. Section. 1. License and regulate* § 1, JBe it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall be lawful for the corporate authorities of any city or village now or hereafter incorporated under an act entitled "An act to provide for the incorporation of cities and villages/ 7 in force July 1st, 1872, to acquire by purchase, lease or gift, and maintain, license and regulate ferries and bridges so acquired, and the approaches thereto, not to exceed four acres of land for each ferry or bridge, within the corporate limits, or Within five miles of the corporate limits thereof, and from time to time fix the tolls thereon. AN^EXlJTG AM) EXCLUDING TEHKITOM, AN ACT to provide for annexing and excluding territory to and from cities, towns' and villages, and to uuite cities, towns and villages. [Approved April 19, 1872, In force July 1, 1872. Section. Section. 1. Petition to be annexed-^-annexing. 6. Finding— costs, etc. 2. Annexing one corporation to an- 7. Proceedings by owners to be an-» other. nexed. 3. Proceeding by corporation to an- 8. Proceedings to disconnect. nex territory. 9. I&Iap and ordinance recorded. 4. Notice of proceedings. 10. School districts may use this act. 5. Objections to annexations-trial. 11. Judicial notice of change. § 1 Be it enacted by the People of the State of Illinois, repre-> sented in the General Assembly, That on petition, in writing, signed by not less than three-fourths of the legal voters, and by the own- ers of not less than three-fourths (in value) of the property in any territory contiguous to any city or incorporated village or town, and not embraced within its limits, the city council or board of trustees of said city, village or town (as the case may be) may, by CtTtES AND VILLAGES. 55 ordinance) annex such territory to such city, village or town, upon filing a copy of such ordinance, with an accurate map of the terri* tory annexed (duly certified by the mayor of the city or president of theboard of trustees of the village or town), in the office of the recorder of deeds in the county where the annexed territory is situated, and having the same recorded therein : Provided, that no portion, less than the whole of an incorporated city, town or village, shall be annexed to another incorporated city, town or village, except in the mode provided in this act for the annexation of the whole of an incorporated city, town or village, to another city, town or village. § 2. Any incorporated city, village or town may be annexed to another incorporated city, village or town, by ordinance passed by a two-thirds vote of all the aldermen or trustees elect of each corporation desiring annexation : Provided-, such annexation shall not affect or impair any rights or liabilities either in favor of or against such corporations ; and suits founded upon such rights and liabilities may be commenced, and pending suits may be prosecu- ted and carried to final judgments and execution, the same as if such annexation had not taken place. In making such annexa- tion, the corporations so uniting may, by ordinance, fix the terms of the annexation, which shall have the force and effect of a bind- ing contract : Provided^ however, that no such ordinance shall be of any binding force or effect until submitted to a vote of the legal voters of such city, town or village, at a general election thereof, and adopted by a majority of all the voters voting thereon at such election, notice of which shall be given at the same time and in the same manner as required for the election of the officers of such city, town or village. And, provided, also^ that the vote shall be by ballot, which shall be " for union ordinance," or " against union ordinance/' and shall be received, canvassed and returned the same as ballots for municipal officers of such city) town or village. § 3. When any incorporated city, village or town shall desire to annex any contiguous territory thereto, and the same shall not have been petitioned for as provided in section one of this article, it shall be lawful for the city council or board of trus- tees of such city, village or town, by a two-thirds vote of all the aldermen or trustees elect, by ordinance or resolution, to author* ize the mayor of such city or the president of the board of trustees of such village or town, to petition the circuit court of the county in which the territory desired to be annexed or a major part thereof is situated, praying such annexation to be made. The petition shall contain a copy of such ordinance or resolution, and an accurate map of the territory which it is desired to annex, showing all such subdivisions that shall have been made therein. Such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be 56 CITIES AND VILLAGES. heard : Provided, that nothing in this section contained shall authorize said petition to be filed unless the territory so sought to be annexed (except territory intervening between a city and town, or two more cities or towns, desiring to become united under this act,) shall contain an actual resident population of at least one hundred and fifty inhabitants to each section or fractional part of a section so sought to be annexed — which said fact shall be alleged in said petition and proved on the hearing thereof, the same as any other allegation in said petition. § 4. When it shall be determined to present such petition, the mayor or president of the board of trustees (as the case may be) shall cause notice of the time and place where and when the petition will be or has been filed, and at what term of court the hear- ing thereof will be had, and setting forth the boundaries or a gen- eral description of the territory proposed to be annexed — to be given by publication at least once in each week, for two successive weeks, in some newspaper published in the county where the pe- tition is filed or to be filed (or, if no newspaper is published in such county, then in the nearest newspaper published in this state,) and by posting up notices at least fourteen days before such time of hearing, in at least three of the most public places in the terri- tory proposed to be annexed, and a like number in the city, vil- lage or town to which it is desired to annex such territory. § 5. The legal voters resident upon the territory thus pro- posed to be annexed, or any of them, or any owner of land there- in, or any voter of such city, village or town, may appear at such hearing and show cause why such annexation should not be made; and the court, or a jury impaneled for that purpose (no member of the jury so impaneled shall be a resident of the corporation or territory to be annexed, nor of the town or towns in which said corporation or territory may be situated,) shall hear all competent evidence that may be offered by either party; and the court may continue the hearing from time to time, for any cause, and make all proper orders in regard to the hearing, giving of notices and other disposition of the case. § 6. If, upon the hearing, the court or the jury shall find that such territory ought to be annexed to such city, village or town, and can so be done without injustice to the inhabitants or persons interested, the court shall so order. If the court or jury shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners ; and no subsequent petition shall be presented for the annexation of any of the territory embraced in such petition, within one year from the time of entering such order: Provided, that new trials may be granted as in other jury cases. § 7. When not less than a majority in number of the legal voters or the owner or owners of any tract or tracts of land, con- tiguous to any incorporated city, village or town, shall, by peti- CITIES AND VILLAGES. 57 ; tion, in writing, signed by them, and filed in the circuit court of the county where such territory or a major part thereof is situ- ated, pray to be annexed to such city, village or town, the like pro- ceedings may be had thereon, and with the like effect, as in case of a petition by a city, village or town : Provided, a copy of the notice required to be given shall be left with the mayor of such city, or president of such village or town, at least ten days before such petition is heard. § 8. "Whenever a majority of the legal voters of any territory within any city, town or village, and being upon the border and within the boundary thereof, shall petition the circuit court of the county in which such city, town or village is situated, praying to be disconnected therefrom, such petition shall be filed with the Clerk of the court at least ten days before the first day of the term at which it is proposed to be heard, and like proceedings shall be had as is required by section four, five and six of the act for the annexation of territory to such city, town or village : Provided, that the provisions of this section shall only apply to lands not laid out into city or town lots or blocks. § 9. When any territory is annexed to any city, village or town, as provided in this act, it shall be the duty of the mayor of the city, or the president of the board of trustees of the village or town, (as the case may be,) to cause an accurate map of such added territory, together with the ordinance for the annexation, certi- fied by such mayor, and if a decree or order of the court has been made therefor, a copy of the same, to be filed for record and re- corded in the recorder's office for the county in which such added territory is situated. If territory is disconnected or excluded from any city, village or town, a copy of the ordinance or decree therefor shall be so filed for record and recorded. § 10. All school districts, and other corporations incorpo- rated for school purposes, under special acts of the legislature, desiring to annex or disannex territory, m&y proceed under the provisions of this act. § 11. All courts in this state shall take judicial notice of cities, towns and villages, and of the changes of their territory, made under the provisions of this act. (15) CltlUS AND VlLLA(j£3, CHANGING NAME, An Act to enable any city, town or village in this state to change its name. Approved March 7, 1872. In force July 1, 1872. Section, Section. 1. Petition. 6. Order filed with secretary of state" 2. Proceedings. t — notice. 3. Duty of secretary of state. ?. Rights saved. 4. Time of hearing to be fixed— notice. 8. When change void. 5. Hearingpetition and remonstrances. 9. Name of Unincorporated town, etc; § 1. Be it enacted by the People of the State of Illinois, repre* sented in the General Assembly, That whenever a petition, signed by the qualified electors of any city, incorporated town or incor- porated village of this state, equal in number to one-half of those who voted for the officers therein at the last election, shall be presented to the corporate authorities of such city, town or vil- lage, praying that the name of such city, town or village may be changed, it shall be lawful for such corporate authorities to make such change in the manner hereinafter prescribed. § 2. Previous to the presentation of the petition in the pre j ceeding section mentioned, the name proposed to be given to such city, town or Village shall be filed in the office of the secretary of state, to be there retained for the period of at least sixty days, and upon application, the secretary of state shall, at any time alter the filing of such name, grant a certificate, stating that such name has not been given to any other city, incorporated town, or incorporated village, or municipality in this state, if such be the fact; but if such name has been adopted by any other city, town, village oi* municipality, as appears from information in his office, the secre- tary of state shall so notify the party or parties making such application, in which case another name shall be filed in his office, which name shall likewise remain for the like period of sixty days; and no petition shall be acted upon by said corporate authorities unless accompanied by the certificate of the secretary of state, setting forth that such name has not been adopted else- where in this state. § 3. The secretary of state shall, as soon as practicable after the passage of this act, communicate with the clerks of the several counties of this state, and ascertain the names of all the cities, towns, villages or other municipal corporations therein, and arrange such names in alphabetical order for convenient reference* Such list of names shall be kept filed in his office, and shall be changed whenever a change of name shall be effected under the provisions of this act. § 4. At any meeting of the corporate authorities of any city, incorporated town or incorporated village, after the presentation CITIES AND VILLAGES. 59 of the petition herein provided, such corporate authorities shall fix the time when such petition shall be considered, and order notice of the presentation thereof to be given, by publishing such notice for three successive weeks in some newspaper having a general circulation in such city, town or village. Such notice shall state that a change of the name of such city, town or village has been prayed for, and the time when action on said petition Will be had, at which time remonstrances, if any, will be heard. § 5. At the time fixed in the notice provided for in the pre- ceding section, or if, from any cause, action thereon is not taken, such petition praying for a change of name shall be, with all re- monstrances, heard at any subsequent meeting of the corporate authorities of any such city, town or village; and if said corporate authorities are satisfied that such change of name is necessary and proper, they shall thereupon make an order changing the name of such city, town or village, and adopting the name prayed for in such petition. § 6. If said change of name is made, said corporate authori- ties shall cause a copy of the order making such change to be filed in the office of the secretary of state, who shall thereupon make known the fact of such change, by publication in some newspaper of the county in which such city, town or village is situated, and also in some newspaper in the city of Chicago j and all the courts of this state shall take judicial notice of the change thus made. § 7. Nothing in this act contained shall affect the rights or privileges of such city, town or village, or those of any person, as the same existed before such change of name. And all proceed- ings pending in any court or place in favor of or against said city, town or village, may be continued to final consummation under the name in which the same was commenced. § 8. If the name of any such city, town or village shall be changed contrary to or without complying With the provisions of this act, such change shall be void; and all proceedings instituted or acts done in such name as changed, shall be void and held for naught in the courts of this state. § 9. When the plat of any unincorporated town or village shall be placed upon record in any county of this state;, the circuit court of said county shall have power, at any regular term of said court, to change the name of such unincorporated town or village, upon the petition of a majority of the legal voters residing within the limits of such town or village : Provided, notice of the pro- posed change of name shall be filed in the office of the secretary of state, as provided in section two of this act. \ 60 CITIES AND VILLAGES. HOUSES OF ILL-FAME. AN ACT to prevent the licensing of houses of ill-fame, and the official inspection or medical examination of the inmates thereof, in the incorporated cities, towns and villages of this state. Approved and in force March 27, 1874. Section. Section. 1. Licensing and medical inspection 2. Emergency, forbidden. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be unlawful for the corporate authorities of any city, town or village in this state to grant a license to any person, male or female, to keep what is known as a house of ill-fame or house of prostitution. And it shall be unlawful for any board of health (or any member or employe of the same) now existing, or which may hereafter exist under the laws of this state, to interfere in the management of any house of ill-fame or house of prostitution, or to provide in any manner for the medical inspection or examination of any inmate of the same. § 2. Whereas, the legislative authorities of certain cities in this state are about to license houses of ill-fame, therefore an emergency exists why this act should take effect immediately : therefore, this act shall take effect and be in force from and after its passage. POLICE AND FIREMEN'S RELIEF FUND. AN ACT to provide a fund for the relief of members of police and fire depart- ments, in incorporated cities, wounded or disabled in the discharge of their duties, and for the relief of the surviving family of any member of said depart- ments, killed while on duty, [Approved March 24, 1874. In force July 1, 1874. Section. 1. How fund created. 2. Use for disabled men. 3. Use in case of death. 4. Vote necessary to appropriate. Section. 5. Requests, gifts, etc. — treasurer's duty. 6. No new liability on city for inj li- nes. § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That the corporate authorities of any city in this state may, by ordinance, provide that all moneys received from fines inflicted upon members of the police and fire CITIES AND VILLAGES. 61 departments in such city, for violation of the rules or regula- tions of the service, shall be paid into the city treasury, and kept apart as a fund to be called the "Police and Firemen's Belief Fund." § 2. Whenever any member of either of said departments shall, while in the diseharg-e of his duty as a member or officer of such service, suffer wounds, or in any other manner become disa- bled, so as to be unfit for further service, the corporate authorities of such city shall appropriate out of such fund, for his benefit, such an amount or amounts of money as to them may seem just and reasonable. § 3. Whenever any member of either of such departments shall, while in the active discharge of his duty, suffer death, or die from or on account of injuries received while in such active dis- charge of his duty, the corporate authorities of any such city shall appropriate out of said fund such an amount as to them shall seem just and equitable, for the relief of the surviving members of the family of such deceased. § 4. All such appropriations shall be made by a vote of a majority of all the members elected of such corporate body; and such authorities alone shall have the right to determine the amount of relief to be granted under this act. § 5. In case of any bequest, gift, devise or donation to the fund aforesaid, the city treasurer of such city, by virtue of his office, and his successors in office, shall be the trustee of the same, and in that capacity, under the direction of the corporate authori- ties of such city, he shall administer the same. § 6. Nothing in this act shall be so construed as to create any new liability on the part of any city for injuries received by persons in its service. WATER WOEKS. AN ACT authorizing cities, incorporated towns and villages to construct and maintain water works. Approved and in force April 15, 1873. Section. Section. 1. Power to supply water — letting 4. Rules — tax — assessment — lien. contracts. 5. Special assessment. 2. Borrow money — tax. 6. Separate funds. 3. May acquire property for works, 7. When act not apply. etc. 8. Emergency. § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That all cities, incorporated towns and villages v in this state be and are hereby authorized, and shall (16) 82 CITIES AND VILLAGES j have power to provide for a supply of water for the purposes of fire protection, and for the use of the inhabitants of such cities, incorpo- rated towns or villages, by the erection, construction [and] main- taining of a system of water works J Provided , that all contracts for the erection or construction of any such works, or any part thereof, shall be let to the lowest responsible bidder therefor, upon not less than three weeks' public notice of the* terms and conditions upon which the contract is to be let having been given, by publication in a newspaper published in such city, town or village) or if no newspaper is published therein, then in some newspaper published in the county : And, provided, further, that no member of the city council or board of trustees, or mayor, shall be directly or indi- rectly interested in any such contract) and in all cases the council or board of trustees, as the case may be, shall have the right to reject any and all bids that may not be satisfactory to them* § 2. Such cities, incorporated towns and villages may bor- row money and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the erec- tion, construction and maintaining of such water works, and appropriate money for the same. § 3. For the purpose of erecting, constructing, locating, maintaining or supplying such water works, any such city, incor- porated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or otherwise) and shall also have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection^ construction and maintaining of such water Works, in the manner provided for the taking and condemning of private property for public use ) and may also acquire and hold real estate and other property and rights necessary for the loca- tion, erection, construction and maintenance of such water works, by purchase or otherwise ) and the jurisdiction of such city, town or village to prevent or punish any pollution or injury to the stream or source of water for the supply of such water works, shall extend ten miles beyond its corporate limits. § 4. The common council of such cities, or trustees of such towns or villages, shall have power to make and enforce all need- ful rules and regulations in the erection, construction and manage- ment of such water works, and for the use of water supplied by the same. And such cities, towns and villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such water works, as the common council or board of trustees, as the case may be, shall deem just and expedient. And all such water taxes, rates or rents shall be a lien upon the premises and real estate upon or for which the same is used or supplied. And such taxes, rents or rates shall be paid and collected, and such lien enforced, in such manner as the CITIES AND VILLAGES. 63 common council shall, by ordinance, direct and provide. § 5, The expense of locating, erecting and constructing res- ervoirs and hydrants for the purpose of fire protection, and the expens e of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited thereby, if any, in such manner as may be provided for the mak- ing of special assessments for other public improvements in such cities, towns or villages. § 6. All the income received by such cities, towns or vil- lages from such Water works, from the payment and collection of water taxes, rents or rates, shall be kept in a separate fund, and shall first be applied in the payment and discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof, And any surplus may be applied in such manner as the common council or board of trustees may direct, § 7, The provisions of this act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works. § 8. Whereas many of the cities embraced in this act are entirely without adequate protection from fires, and are without lawful authority to provide the necessary means of protection authorized by this act,; therefore an emergency exists that this act should take effect immediately ; therefore, this act shall take effect and be in force from and after its passage. AN ACT to provide for the laying of water supply pipe by bends and special assessment, payable in installments. [Approved and in force March 17, 1874.] Section. Section. 1. Bonds <— assessments payable by 3. Applies to assessments already installments. ordered. 2. When installments to be paid — in- 4. Emergency. teres t. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the corporate authorities of any city, town or village shall provide, by ordinance, for the laying of water supply pipes, to be paid for by a special assess- ment to be made under the provisions of article nine of the act of the general assembly, entitled u An act to provide for the incor- poration of cities and villages, " approved April 10, A. D. 1872, such corporate authorities may, in their discretion provide in such ordinance, or by an ordinance to be adopted at any time prior to the issuance of the warrant to the collector for the collection of such assessment, that the amount of the estimated cost of such improvement shall be provided for in the following manner, to- 64 CITIES AND VILLAGES. wit: That bonds of the city, town or village, (as the case may be,) shall be issued for such portion of the estimated cost of such improvement as shall be apportioned to the city, town or village as public benefit, payable at such time or times, within twenty years, as may be provided by said ordinance, or it may in such ordinance be provided that all or any portion of the amount, so apportioned as public benefits, may be made by general taxation in accordance with the provisions contained in said article nine, and that the portion of said estimated cost which shall be assessed upon property specially benefited, shall be payable in such annual installments, not exceeding ten in number, as may in such ordi- nance be prescribed : Provided, that nothing in this section shall authorize any city, town or village to issue such bonds to an amount, including all existing indebtedness, in excess of the charter, statutory or constitutional limitation of the indebtedness of such city, town or village. § 2. Whenever such corporate authorities shall have pro- vided by ordinance for the making of such improvement in the manner prescribed in section 1 of this act, the first installment of the amount assessed upon property specially benefited shall be payable immediately upon the issuance, by the clerk of such city, town or village, of his warrant to the collector, and the subsequent installments shall be payable annually thereafter, with interest until paid, at such rate as shall be prescribed in such ordinance., not exceeding ten per cent, per annum. § 3. This act shall apply to assessments already ordered for the purpose set forth in section 1 of this act, and to the ordinances in relation thereto, as well as to ordinances hereafter to be adopted. § 4. Whereas certain cities, towns and villages are about to lay water supply pipe, and are desirous of availing themselves of the provisions of this act, therefore an emergency is declared to exist, and this act shall take effect and be in force from and after its passage. AN ACT to enable cities and Tillages to contract for a supply of water for public use, and to levy and collect a tax to pay for water so supplied. [Approved April 9, 1872. In force July 1, 1872.] Section. Section. 1. Power to contract for water. 2. Tax. § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That in all cities and villages where water works may hereafter be constructed by an incorporated company, the city or village authorities in such cities and villages may contract with such incorporated company for a supply of water for public use, for a period not exceeding thirty years. CITIES AND VILLAGES. 65 § 2. Any such city or village so contracting may levy and collect a tax on all taxable property within such city or village, to pay for the water so supplied. SALARIES OF CITY OFFICERS. AN ACT to enable the corporate authorities of cities to establish and fix the salaries of city officers. [Approved and in force April 23, 1873. Section. Section. 1. When to be fixed — not changed 2. Emergency, during term. § L Be it enacted by the people of the State of Illinois, represented in the General Assembly, It shall and may be lawful for the com- mon council or legislative authority of any city in this state to establish and fix the amount of salary to be paid any and all city officers, as the case may be, except members of such legislative body, in the annual appropriation bill or ordinance made for the purpose of providing for the annual expenses of any such city, or by some ordinance prior to the passage of such annual appropriation bill or ordinance ; and the salaries or compensation thus fixed or established, shall neither be increased nor diminished by the said common council or legislative authority of any such city, after the passage of said annual approjmation bill or ordinance, during the year for which such appropriation is made, and no extra compen- sation shall ever be allowed to any such officer or employe over and above that provided in manner aforesaid. § 2. Whereas the corporate authorities of certain cities in this state have no power to establish or fix salaries of their city officers in certain cases, whereby an emergency exists requiring this act to take immediate effect : therefore, this act shall take effect and be in force from and after its passage. (17) 36 CtTlUS AND VILLAGE BEBATE AND KEDUCTION OF TAXES* ETC. AN ACT to prevent the unjust collection, by incorporated cities and towns, of taxes levied upon property destroyed by fire, and to authorize the commeii council of such cities, or board of trustees of such towns, to change or amend appropriation bills, tp pass new rppropriation bills, to reduce taxes and special assessments in certain cases, and to discontinue special improvements. Approved and in force January 18, 1872; Section. Section. 1. Rebate When property destroyed. 8. Emergency. 2. Reduce or release tax or assessment. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever, in any incorporated city or town in this state, any property listed or assessed for municipal taxation, shall have been or shall hereafter be destroyed by fire,- in whole or in part, before the levy of the municipal taxes of such city thereon, or before the municipal taxes levied thereon shall have been collected, it shall and may be lawful for the mayor of such city or town — if there be no mayor, then the president of the board of trustees, the city comptroller, if there should be one; and if not, then the city clerk or town clerk; and the tax commis- sioner, if there should be one; if not; then the chairman of the finance committee of the city council, or board of trustees — to re j bate or remit so much of such tax or taxes, so levied upon such property, as in their opinion should be rebated or remitted by reason of such property having been, in whole or in party destroyed by fire. § 2. That whenever, in any incorporated city or town in this state, any large portion of the taxable property of such city shall have been or shall hereafter be destroyed by fire, so as to seriously impair or affect the ability of the property owners of such city or town to pay taxes or special assessments thereon, and an appro- priation bill has been made or passed, or special improvements ordered before such fire, and the tax or assessment for the pay- ment or raising of the same has not been levied or collected, it may be lawful for the city council or board of trustees of any such town to alter, revise, change, reduce or vacate, or repeal such appropriation bill, or any part of the same, and to order the dis- continuance of said special improvements, or any of the same, or" to reduce the amount of taxes or special assessments ordered to be levied,- or assessed, or collected for any general or special purpose^ and to pass a new appropriation bill ; which new appropriation bill shall have the same force and effect as if the same had beeri passed within the time prescribed by the charter of any siK-h city or such corporate town.- pmE8 AND VILLAGES^ § 3. Whereas a large amount of property listed for taxation in the city of Chicago, and in other cities and towns of this state* has been destroyed by fire before the taxes thereon have been paid, which taxes it would be unjust to collect, it is declared that an emergency exists that this law go into force immediately, and therefore it is enacted that this law shall be in force from and after its passage-. SEWERAGE AND WATEH TAXES. AN ACT in relation to the levy an cL collection of taxes for sewerage and water works in the cities of this state that may have established a system of sewerage and Water works for such city. [Approved and in force April 22, 1871.] Section. Section. 1. Sewerage fund tax. 3. Emergency. 2. Water fund tax. § i. Be it enacted by the People of the State of Illinois^, repre* sented in the General Assembly-, That the legislative authority of any such city which now has or may hereafter have established a system of sewerage for such city, shall have power, annually, to levy and collect a tax Upon the taxable real and personal estate of any such city, not to exceed one mill on a dollar, for the exten- sion and laying of sewers therein and the maintenance of such sewers, which tax shall be known as " The Sewerage Fund Tax/' "and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected. Provided, however, that the board of public works of such city, if any, or the head of the sewer department of such city, shall first certify to such legislative authority the amount that will be necessary for such purpose. § 2. The legislative authority of any such city which now has or which may hereafter have established Water works> for the supply of water to the inhabitants thereof, shall have power to ^annually levy and collect a tax upon the taxable re&l and personal estate of any such city, not to exceed one mill on the dollar, for the extension of water mains or pipes therein and the maintenance of such water works, which tax shall be known as " The Water Fund Tax," and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected: Provided., however, that the board of public works of such city, if any, or the bead of the water department of such city) shall first 68 CITIES AND VILLAGES. certify to such legislative authority the amount that will be neces- sary for such purposes, and shall further certify that the revenue or income from such water works will be insufficient therefor. § 3. Whereas the health and good government of such cities require that they severally possess the power and authority con- ferred by this act upon such cities, and the officers thereof, without any delay, it is hereby declared that an emergency exists that this law should be in force from and after its passage. TAXES. AN ACT in regard to the assessment of property, and the levy and colle^ ion of taxes by incorporated cities in this state. [Approved April 15, 1873. In force July 1, 1873. Section. Section. 1. Purposes for which taxes may be 14. levied. 2. Assessor and collector. 15. 3. Rule of assessment — property ag- 16. sessed. 4. Of what time assessed. 17. 5. General revenue law applies. 6 Time to hear objections — notice. 18. 7. Equalization — hearing objections. 19. 8. Tax books — duties of clerk, may- or, etc. 20. 9. Ordinance levying tax — limitation. 21. 10. Extending tax — warrant — delivery to collector — receipt. 11. Fixing time of return. COLLECTION OF TAXES. 22. 12. Notice — levy on personal property. 23. 13. Deputies — examination of papers, etc. — returns. Lien — owner on May 1st, to pay — sale of personal property. Return to county collector. Proceedings by county collector — judgment appeal. Collection after return — correcting list. Sale — report — expenses — fees. Where record remains — redemp- tion. General revenue law applicable. Liability of collector, when prop- erty sold after payment. GENERAL PROVISIONS. City may collect under general revenue law. Tax commissioner — his duties. § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That in all incorporated cities in this state, the city council may, by ordinance, annually levy and collect city taxes on real and personal property within the city : First — For general and contingent expenses, or any other expenses not herein otherwise provided for. Second — For supplying and maintaining schools, and erecting and repairing school houses. CITIES AND VILLAGES. 69 Third — For the erection of a city market, bridewell, or house of correction, or other public buildings, purchase of grounds therefor, the building of bridges, improvement of river or harbor, for improving the sanitary condition of the river or har- bor, or any other permanent improvement. Fourth — A tax of sufficient amount to meet the interest accru- ing on the indebtedness of the city. Fifth — To provide for a sinking fund or funds, for the pay- ment of the general or special indebtedness of the city ; and no city shall hereafter contract any debt without at the same time pi'oviding for the annual levy and collection of a direct tax suffi- cient to pay the interest, and the principal when it falls due. All money raised for any sinking fund shall be invested in the pur- chase of bonds of said city — such purchase to be made from time to time, as directed by the mayor ; and all bonds so purchased shall be immediately retired and canceled, in the presence of the city council, at some stated meeting thereof. No sinking fund shall be used for any other purpose than the purchase of city bonds or the payment of the city indebtedness upon account of • which sinking fund was raised: Provided, that no tax shall be levied under this section, unless two-thirds of all the aldermen elected shall vote in favor of the same. Sixth — A tax of sufficient amount, when required, to provide for the expense incurred in making any public improvement, caused by any casualty or accident happening after the making of the annual appropriations for such year, or to pay an}^ judgment that may have been recovered against the city during such previ- ous year. Seventh — To levy taxes for the building, extension and main- tenance of sewers ; for the laying and extension of water mains or pipes, and for establishing and maintaining of water works ; for the lighting of the city, and to establish and maintain gas works. § 2. There shall be one assessor and one collector, who shall be elected by the people at the time fixed by law for electing the mayor of the city, and the term of office of the collector shall be the same as that of the mayor, and the collector shall give bonds for the faithful performance of the duties of his office, in such manner, form and amount as the common council may by ordi- nance provide. The city council may authorize such assessor to appoint such number of assistant assessors as the city council may adjudge necessary. The city council may prescribe the duties and define the powers of such assessor (and of such assistant assessors, if appointed,) by ordinance : Provided, that such assess- ors shall have the same powers that assessors may possess under the general laws of the state for the assessment of state and county taxes, not inconsistent with this act; and the city council (18) TO may, by ordinance, prescribe the form of all assessment books or rolls. § 3. The assessor shall assess all taxable real arid personal estate at its real or trtie value,- as defined by the state revenue laws. All personal property, of every nature and kind,- having its actual situs within the city, shall be assessed for municipal purpo- ses, whether the owner resides in the city or not; this provision" to extend to and include the property of railroads and the propor- tion of rolling stock of all such railroads or railway companies as run cars or trains into the city, by lease of road-bed or track, the same as though such companies owned the track or road-bed- such railroad property to be assessed, and such proportion to be ascertained and apportioned in accordance, as near as may be, with the statutes regulating the manner of listing and valuing the property of railroads for state and cotmty taxation. § 4, Personal property shall be listed for municipal purposes with reference to the quantity on hand and owned on the first day of May in the year for which the property is required to be listed, including the property purchased on that da}*. § 5. All the provisions of the general revenue la-fcs of this 9 state, so far as the same are applicable, concerning the levy and assessment of taxes for state and county purposes, and the duties of assessors, shall be in force and apply to all cities in this state, unless in conflict with this act. § 6. "When the assessor shall have completed the assessment of the taxable real and personal estate of said city, he shall file the same in the city clerk's office ) and the mayor, city clerk and assessor shall fix upon a day, not less than seven nor more than thirty days from the date of the filing of said assessment, for the hearing of objections to the assessment) and they shall give notice of the time and place of such hearing by written or printed notices, one to be posted in each ward in such city at least one week before the day fixed for such hearing, and by one insertion in a newspaper published in the city, (if any there shall be,) at least one week before the day fixed for such hearing. Any person feeling aggrieved by the assessment of his property may appear at the time specified and make his objections. § 7, The said mayor, city clerk and assessor, constituting the board of equalization, shall meet at the time and place desig- nated to revise and correct the said assessments. They shall hear' and consider all objections which may be made, and shall have power to make all proper corrections, and supply omissions in the assessment, and, for the purpose of equalizing the same, to alter^ add to, take from, and otherwise correct and revise the same.- They shall continue in session during three business hours of each and every secular day, for not less than three nor more than ten successive days, as the city council may direct. Thereafter no ?hange,artly printed upon plain paper, with the name of each candidate voted for, and the title of the offices. When the ballot is printed, the same shall be printed upon plain paper, in plain type, in straight lines with a blank space below each name of a width not less than equal to the width of the line in which the name is printed. § 13. The names of all candidates for which the elector in- tends to vote, shall be written or printed upon the same ballot, and the office to which he desires each to be elected, shall be desig- nated upon the ballot. § 14. The ballot shall be folded by the voter and delivered to one of the judges of election, and if the judges be satisfied that the person offering the vote is a legal voter, the clerks of election shall enter the name of the voter and his number under the proper headings in the poll books, and the judges shall indorse upon the back of the ballot offered the number corresponding with the number of the voter on the poll books, and shall immediately put the ballot into the ballot box. § 15. After the opening of the polls no adjournment shall be had, nor shall any recess be taken until all the votes cast at such election shall have been counted and the result publicly an- nounced. § 16. Immediately upon closing the polls the judges shall proceed to canvass the votes polled. They shall first count the whole number of ballots in the box. If the ballots shall be found to exceed the number of names entered on each of the poll lists, they shall reject the ballots, if any be found, upon which no num- ber is marked; if the number of ballots still exceeds the number of names entered on each of the poll lists, they shall be replaced in the box, straw, or other like combustible materials are kept, without secur- ing the same in a lantern or some secure casing, so as not to en- danger the taking fire thereby, under a penalty of not less than three dollars, and not exceeding one hundred dollars. § 18. All mechanics or other persons using or occupying shops, buildings, or places where shavings or other like combus- tible materials are made or accumulated, shall clear out and "remove such combustible materials from the buildings, shops and the premises adjacent or attached thereto, as often as may be nec- essary to prevent the dangerous accumulation thereof. The stove or stoves used in any such shop or building, shall be set in a box or frame extending at least six inches above the floor, and at least eight inches around and outside of the stove, and filled or lined with fire-proof material j all lighted candles or lamps used in any such shops or buildings, shall be set in a candlestick or stand, not liable to take fire, and all such lights shall be kept at a secure dis- tance from any combustible material. No person shall leave any such light or fire burning in any such buildings, in such manner or for such length of time that the same may be in danger of com- municating the fire to any part of such shop or building or such shavings or other combustible material. Whoever shall violate any of the provisions of this section shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dol- lars. § 19. No person shall carry from one place to another any fire or live or burning coals, without securing the same in such manner as to prevent the coals or sparks from falling therefrom^ and so as not to endanger any building or property thereby, under 32 ORDINANCES OF THE CITY OF DANVILLE. a penalty of not less than three dollars, and not exceeding one hundred dollars. § 20. No person shall keep or deposit any ashes in any build- ing, or in any place within twenty feet of any building, shed or fence, or other combustible material, unless within a secure and covered metallic or earthenware, or other fire-proof vessel, or in a fire-proof ash house, under a penalty of not less than three dol- lars, and not exceeding one hundred dollars j and all soap boilers or other persons using ashes in manufacture in any wooden vessel or structure, shall keep them well dampened or saturated with water, under a penalty of not less than three dollars, and not ex- ceeding one hundred dollars. § 21. No person shall set fire to or burn shavings, straw or other material, in any open or public place in the city, except in the day time, nor then unless the condition of the wind and weather be such that such fire will not be likely to endanger or damage any building or other property, nor within thirty feet of any building, under a penalty of not less than three dollars, and not exceeding one hundred dollars. Provided that bonfires may be built in the night, at any safe and proper place within the city, by consent of the mayor or alderman or the city marshal. § 22. No person shall boil any pitch, resin, tar or other inflam- mable liquor or substance, except within a building so secured as not to be endangered if such pitch, resin, tar or other combustible material shall take fire, or in any open place at least twenty feet distant from any building or property likely to be endangered or damaged thereby, under a penalty of not less than three dollars, and not exceeding one hundred dollars. § 23. No person shall make, kindle or use any fire in any building, out building, shed or other structure, except within a secure fire-place, stone furnace or other fire proof structure made for that purpose. Nor shall any person make, kindle, or use any fire out of doors, within twenty feet of any building or other property likely to be endangered thereby, unless within a proper stone furnace or other secure structure, nor leave any such fire burning. Each person violating the provisions of this section, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 24 No person shall set fire to or burn out any chimney, flue or stove-pipe, except in the day time, nor then when wind or weather may be such as to endanger other buildings or property, and the person or persons occupying any building shall prevent and remove all dangerous accumulations of soot, under a penalty of not less than three dollars, and not exceeding one hundred dol- lars. § 25. No person shall trail, strew or leave any shavings or other like combustible materials in, around or near any building or property, so as to endanger or be likely to endanger or dam- ORDINANCES OF THE CITY OF DANVILLE. 33 age the same thereby, under a penalty of not less than three dol- lars, and not exceeding one hundred dollars. § 26. No box or other vessel used as a spittoon shall contain saw-dust or other inflammable material. § 27. The mayor, the aldermen, the city marshal and police- men shall be ex, officio tire wardens, and they and the chief engin- eers and assistant engineers of the fire department shall have power and authority to enter all buildings and premises, to exam- ine whether they are in a safe condition j and shall enforce, or cause to be enforced, all the provisions hereof, and shall prosecute, or cause to be prosecuted, all violations of the provisions hereof j the chief engineer or one of the assistant engineers of the fire de- partment, shall, whenever requested by the city marshal or the mayor, carefully examine any or all buildings within the city, and shall notify the owner or owners, occupant or occupants thereof, to cause any chimney, flue, stove, stove-pipe, furnace, ash- house, or other place in which fire may be kept or used, which may be deemed unsafe or dangerous, or any other cause from which immediate danger of fire may be apprehended, or which may be deemed unsafe or dangerous, in promoting fires, to be without delay removed, abated or placed in a safe condition, and upon the neglect or refusal of any owner or occupant to comply with such notice, he shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars, and the officer shall, without delay, cause such buildings or premises to be placed or put in a safe condition, and the necessary cost of so doing shall be collected of such owner or occupant, and recovered by suit, in the name of the city, before any court having jurisdic- tion. o CHAPTER X. FIRE LIMITS, AC Section. Section, 1. Boundaries. 4. No wooden buildings to be removed 2 Wooden buildings ; not to be built witbin, &c. within, &c. 5. Complaints, &c. 3. Planing mills, &c. 6. Violations. § 1. The fire limits of the said city be, and the same are here- by extended, bounded, fixed and established as follows, to-wit : Commencing on the east side of Pine street, at a point one hundred (28) ORDINANCES OF THE CITY OF DANVILLE. and fifty feet north of the north side of North street, thence east to the west boundary line of the right of way of the Toledo, Wa- bash & Western Railway, thence south-westerly along said boun- dary line of right of way to the Vermilion river, thence up the channel of said river to a point due south of the place of begin- ning, thence north to the place of beginning. § 2. Be it further ordained, that within said fire limits no wooden buildings shall be erected, or placed or repaired, except as in this ordinance provided ) and that the exterior walls of all buildings, barns, stables, sheds, houses or structures (except priv- ies, coal houses or wood sheds) hereafter built or erected within the aforesaid fire limits shall be constructed of brick, stone, iron, glass, concrete or grout, or a combination of one or more of such materials ) and that the use of wood, plank or lumber, or wooden material, in the construction or building of any such exterior walls without permission first having been obtained from the city council is hereby expressly prohibited, and that the roofs and all sky-lights of all such buildings, houses or structures (other than privies, coal houses or wood sheds), hereafter built or erected within said fire limits shall be covered outAvardly with iron, glass, slate, or some other non-combustible substance ; and that the use of shingles, boards, wooden material, or any other combustible ma- terial, in the outer covering of such roofs, is hereby expressly prohibited. § 3. And be it further ordained, that there shall not be here- after maintained, or operated, or built, or used, any planing mill, sash, door or blind factory, or chair or furniture factory, or lum- ber yard, or oil mill, within the aforesaid fire limits, and that the city authorities shall at the earliest practical day provide for the removal beyond said fire limits of all lumber yards now establish- ed within said fire limits. This section shall not apply to planing mills, or chair or furniture factories, or sash and door factories; already in operation within said fire limits. § 4. Be it further ordained, that no wooden building shall be removed from any part of the city, whether the same is within or without the said fire limits, to any place within said fire limits ; nor shall any wooden building, except the same be a building that has been used and is to be used exclusively as a residence, now within such fire limits, be repaired ; and whenever the roof of any brick building within said fire limits that is covered with shingles, boards, or other combustible material, except the same be a building that is used and to be used exclusively as a resi- dence, shall be repaired, the same shall be repaired by covering said roof with iron, tin, or some other metallic or non-combustible substance, as prescribed in section second of this ordinance; and that all and any wooden buildings within said fire limits, when the same shall have been damaged by fire, decay, or otherwise, to the extent of fifty per cent, of the original value of the same, shall ORDINANCES OF THE CITY OP DANVILLE. 85 be torn down or removed beyond said fire limits after the damage by fire, decay, or otherwise, shall have been ascertained in the manner hereinafter described. § 5. Be it further ordained, that whenever any member of the city council, policemen, member of the fire department, or citizen, shall make complaint in writing to the police magistrate that any wooden building within such fire limits has been damaged by fire, decay, or otherwise, to the extent of fifty per cent, of its original value, describing the property and giving the owner's name, said magistrate shall issue a notice to said owner, embodying the sub- stance of such complaint, commanding such owner to appear be- fore such magistrate at a time therein specified, not less than five nor more than ten days from the date of such notice, and at the time and place fixed in such notice, provided the return of such notice shall show T that such owner has been served with said notice by reading, or by leaving a copy at the residence of such owner three days before the time fixed for the hearing, such police magistrate shall impanel a jury of twelve disinterested freehold- ers of the city, who, after being duly sworn, "fairly and impartial- ly to ascertain if the building in issue shall have been damaged by fire, decay, or otherwise, to the extent of fifty per cent, of its original value," hear the evidence and view the building at issue, and hearing the argument of counsel, and bring in a verdict ac- cording to the facts and evidence; and in case the jury find a verdict that such building has been so damaged by fire, decay, or otherwise, the police magistrate shall so record a judgment, and direct such owner to remove or tear down such building within thirty daysj and in default thereof that the marshal of the city shall remove or tear down such building, the cost or expense of which shall be charged to such owner, and if not paid by such owner, the same shall be collected by suit in the name of said city against such owner. At the impaneling of such jury the said owner and the prosecutor shall have a right to three peremptory challenges each, and to challenge any juror for prejudice, interest, or any other just cause. § 6. Be it further ordained, that any person or persons who shall violate, or w T ho shall hire, employ, or induce any other per- son or persons to violate any or either of the provisions of sections seecond, or third, or fourth of this ordinance, shall be subjected to a fine of one hundred dollars for each and every day or part of a day that any such person or persons may have been engaged in such violation of such provision or provisions of any or either of said sections of this ordinance; and that any person who, as con- tractor, laborer, or mechanic, in the employ of any other person, shall violate any or either of the provisions of sections second, third or fourth of this ordinance, shall be subjected to a fine of twenty-five dollars for each and every day or part of a day that such contractor, laborer or mechanic may have been occupied in 36 ORDINANCES OF THE CITY OF DANVILLE. such violation of said provision or provisions of either of said sections of this ordinance, and each day or part of a day in which any owner, person or persons, contractor, mechanic or laborer may have been engaged in such violation of either of said sections of this ordinance, or any part of either of said sections, shall con- stitute a distinct and separate offense. And in addition to the foregoing penalty and fine, any person or persons who shall re- move or assist in the removal of any wooden building to any place within said lire limits, shall be liable to imprisonment for the term of three months; but this section shall not apply to any person or persons who shall be engaged in good faith in remov- ing any wooden building to any place outside of said fire limits, and who shall use all reasonable dispatch in making such removal. And that every owner whose building has been ordered and ad- judged to be torn down or removed in accordance with the pro- visions of section fifth of this ordinance, shall be subject to a penalty and fine of one hundred dollars for each and every day that such owner may permit or suffer such building to remain after the expiration of the time within which such building was ordered and adjudged to be torn down or removed. o CHAPTEK XI. HEALTH DEPARTMENT. Section; Section. 1. Small pox or other contagion ; du- 3. Duty of person connected with in- ty of mayar. fected family. 2. Duty of police. 4. Duty of mayor to provide food, &c. 5. Mayor may provide nurses, &c. § 1. Whenever the small pox, or any other infectious or con- tagious disease exists in the city, the mayor is empowered, and it is hereby made his duty, to have red flags put up and kept up on every house in which such disease shall break out, on which flags or on boards prepared for that purpose shall be painted or printed the name of the disease. § 2. That it is made the duty of the police officers of the city to see that all persons connected with the families, or residing in the houses in which such diseases may exist, are kept within the infected districts, and the mayor shall so assign the police officers to duty, that one of them shall visit such infected districts at least once in every three hours in the day time, and at least twice in ORDINANCES OF THE CITY OF DANVILLE. 37 the night time, and shall perform all necessary errands for the persons or families infected; and such police officers shall see that the persons connected with the families infected aforesaid are kept within the prescribed limits. § 3. That it shall not be lawful for any person connected with any family, or an inmate of any house infected as aforesaid, to visit, or frequent, or go into the business or inhabited portions, streets or thoroughfares of the citj^ while such infectious or con- tagious disease shall be or exist in the city, and every person who shall be connected with any family or an inmate of any house in- fected, as aforesaid, who shall visit or frequent, or go into the business or inhabited portions, streets or thoroughfares of the city while such infectious or contagious diseases shall be, or exist in the city, shall be subject to a penalty of five dollors for every time he shall leave the said infected premises for the purpose of going into the business or inhabited portion, streets or thorough- fares of the city as aforesaid. § 4. That whenever it shall come to the knowledge of the mayor that any infectious or contagious disease has broken out or exists in the city, it shall be the duty of the mayor to give notice to the persons occupying the houses or premises in which the disease exists, that the provisions of this ordinance will be enforced, and shall give notice that the persons mentioned in sec- tion three of this ordinance are required to keep within the bounds prescribed, and the mayor is further authorized to see that the families thus kept within bounds are furnished with all necessary food and medicine. § 5. That whenever it shall be necessary, in case of an infec- tious or contagious disease, to employ nurses or attendants for the persons diseased as aforesaid, the mayor is hereby authorized to supply the necessary nurses and attendants at the expense of the persons so diseased, or their natural protectors, when they have sufficient property for that purpose, but in the case of a poor person, or those unable to procure the assistance of such nurses or attendants, at the expense of the city. % (29) §8 ORDINANCES Of THE CITY Of DANViILE. CHAPTEE XII. LICENSE. Section. Section. 1. Mayor to receive applications for, 4. Subject to ordinances; may be re- &c. yoked, &c. 2. Applications, how made, sureties, 5. Not assignable, without consent, &c. 6. Clerk to keep register. 3. Terms ; must be signed, &c. 7. Form of license, 8. Duty of marshal. § 1. The mayor or mayor 'pro tern, shall receive applications for licenses and grant the same in all cases where it is not other- wise expressly provided, upon the terms and conditions specified by ordinance. But if he shall not feel authorized to grant any application for a license for any purpose, he may report such ap- plication to the next meeting of the city council for their action thereon. § 2. Any person desiring a license under the ordinances of the city for any purpose, shall make a written application to the mayor therefor, stating the purpose for which the same is desired, for what length of time, and specify the place where his business is to be carried on, and, it required by ordinance, to file bond before being licensed; he shall also name his proposed sureties on his bond in his application. If the mayor shall grant such applica- tion, he shall indorse the same thereon, together with the amount taxed for the license, and upon the filing of the application so indorsed, with the city clerk, and the payment of the amount specified, the city clerk shall issue to such applicant a license for the purpose and time specified. § 3. ~No license shall be granted for a longer period than one year, and all licenses shall be signed by the mayor or the mayor pro tern., and countersigned by the city clerk, under the corporate seal. No license shall be valid until signed and countersigned as aforesaid, nor shall any person be deemed licensed until a license shall be duly issued to him. Each license shall be dated the day of the issuing thereof, but if the applicant has been acting without a license, then it shall be dated from the time he commenced act- ing. § 4. All licenses granted shall be subject to all ordinances re- lating to license which may be in force at the time of the issuing thereof, or which may be subsequently adopted by the city coun- cil, or if any person licensed shall violate any provision of any ordinance in relation to his license, he may be proceeded against for any fine or penalty imposed thereby, and his license may be revoked or forfeited, in the discretion of the city council, or of the court or magistrate before whom any action may be brought tor the recovery of any fine or penalty* Oftt>l ttAft CES OF THE CITY OP JDANVILLEi § 5. No license granted shall be assignable or transferable, nor shall any person be authorized to do business, or act under such license but the person to whom it is granted, or in any other place than the place specified therein, without the consent of the city council, to be certified on such license by the city clerk, nor shall any license authorize any person to act under it at more than one place at the same time, nor at any other time than is therein spec- ified. Whoever shall violate any provisions of this section, shall be deemed to be acting without license, and shall be subject to the same penalty as is prescribed for acting without license. § 6. The city clerk shall keep a license register in which he shall enter the name of each person licensed, for what purpose licensed, the place of business, the date of the license, the amount paid and the date of the expiration of the same. He shall pay into the city treasury on the first Monday of each month all money received by him on account of licenses. He may charge and receive a fee of fifty, cents for each license issued by him where the fee charged is ten dollars or less, and one dollar and fifty cents where the fee charged is more than ten dollars, and a fee of fifty cents for certifying the consent of the city coun- cil to the assignment, transfer or change of place of business of any license. § 7. Licenses may issue, as near as may be, in the following form, to-wit: "A. B. - of the city of Danville, to all whom these presents may come, greeting : Know ye that C. D., having made application in due form, filed bond, and paid into the city treasury dollars, and in all other respects complied with the ordinance of the city in this behalf, therefore, I, A. B., mayor of the city of Danville, for and in behalf of said city, do hereby authorize, empower and license the said C. D., (here set forth the business or purpose of the license) at for from — . Nevertheless, this license is granted upon this express condition, that if the said C. D. shall observe and obey all ordinances of the city which are or may be in force regu- lating or relating to said business, then this license shall be valid for the period j otherwise it may be annulled, revoked or forfeit- ed at the option of the city council, or in any other manner pro- vided by ordinance. In testimony whereof, I have hereunto set my hand and caused the corporate seal of said city to be affixed at the city of Danville, this day of A. D. 18—. [seal.] A. B., Mayor. Countersigned and registered : E. F., City Clerk." § 8. The city marshal shall enforce all ordinances in relation to licenses, and shall from time .to time examine the license regis- ter, and prosecute all persons who may be acting without license, and he shall be entitled to a commission of one dollar for each 40 ORDINANCES OF THE CITY OF DANVILLE. license so collected by him, to be paid by the person to be licensed, and his receipt shall be good to the extent and purport thereof; but no person shall be considered as licensed until license shall be issued in due form as required by ordinance. o CH^PTEE XIII. LIQUORS. Section. Section. 14. 1. Liquors; license required. 2. Mayor to grant ; application to be in writing ; not to be granted to 15. minor or non-resident. 3. Bonds required. 16. 4. Application to state time, place and names of sureties. 5. Application for license to be pre- 17. sented to mayor ; persons dis- qualified. 6. License ; when granted. 7. License to be granted only to party making application. 8. Dramshop to be closed on Sunday ; penalty. 9. Marshal and police to enforce ordi- nances. 10. License may be revoked ; when. 11. Dramshop to be closed at ten o'clock, 24. p. M. 12. Keeper of dramshop to keep orderly house ; penalty. 25. 13. Drunkenness and gaming forbid. den ; penalty. 18. 19. 20. 21. 22. 23. Officers to report convictions ; pen- alty. License not to be granted when fines are unpaid. Minors not to be employed nor permitted to frequent dram- shops ; penalty. Liquor not to be sold to habitual drunkard. License not to be assigned ; one place of business. License and ordinance to be posted. Permits to druggists. Druggists to make application for permit. Druggists to keep register ; penalty. False statement to druggist ; pen- alty. Mayor to present application far permit : permit to be signed and countersigned. Subterfuges. § 1. No person shall, within the city, by himself, his servant or clerk, directly or indirectly sell, barter, exchange or deliver, or otherwise dispose of any intoxicating, malt, vinous, mixed or fermented liquors in a less quantity than one gallon, to be carried away at one time from the place of sale or delivery, or in any quantity whatever to be drank upon the premises, or in or upon any adjacent room, building, yard or premises or place of public resort, without a license therefor in accordance with the require- ments hereof, under a penalty of not less than twenty dollars and not exceeding one hundred dollars, for each offense. ORDINANCES OF THE CITY OF DANVILLE. 41 § 2. The mayor, by and with the advice of the city council, may grant license to such person or persons as may apply therefor to him in writing, to retail intoxicating, malt, vinous, mixed or fermented liquor in any quantity less than one gallon, upon such person or persons paying into the city treasury a sum at the rate of six hundred dollars per annum, payable quarterly in advance, and entering into bonds in the manner required in the third sec- tion hereof Provided, that no license shall be granted under the provisions of this ordinance to any minor or non-resident of the city. § 3. Before a license shall be granted to keep a dramshop for the sale of intoxicating, malt, vinous, mixed or fermented liquors under the provisions hereof, the person or persons applying for such license shall execute a bond in the penal sum of three thous- and dollars,, payable To the People of the State of Illinois, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the mayor, conditioned that the person to whom such license is granted shall pay to all persons all damages that they may sustain either in person or property, or means of support, by reason of the person so obtaining a license selling or giving away intoxicating liquors as required by law. And such persons shall also execute a bond to the city of Danville in the sum of one thousand dollars liqui- dated damages, signed by at least two freeholders of the city, each to the value over and above their homestead exemption of at least the penalty of the bond as sureties, to be approved by the city council, and conditioned that the person to whom such license is granted shall observe and obey ail laws and ordinances now in force, or such as may hereafter be in force regulating and govern- ing keepers of dramshops ; and any breach of its condition shall work a forfeiture of the whole penalty thereof the amount of which shall be recovered before any court having jurisdiction. Any person offered as security upon the first of the herein named bonds, payable To the People of the State of Illinois, may be re- quired by the mayor to appear in person before him, and he may examine him under oath and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. § 4. Any person desiring a license, under the ordinance of the city, to keep a dramshop for selling at retail intoxi- cating, malt, vinous, mixed or fermented liquors in less quantities than one gallon, shall make a written application to the mayor, stating the length of time for which he desires such* license, the place where his business is to be carried on, and the names of the persons who will become his sureties on the bond required by ordinance. | 5. When application is made for a license to keep a dram- shop as aforesaid, it shall be the duty of the mayor or mayor pro (30) 42 ORDINANCES Ofc cif¥ ot DANVILLE. tern, to receive and present the same at the next meeting of the city council, and the city council may grant the same upon the terms and conditions specified by ordinance, unless the applicant or one or more of the applicants shall be a minor or non-resident of the city, or shall have been convicted of some crime which by the laws of this state would render him, her or them infamous, or shall have been twice convicted of violating the ordinance of said city concerning, regulating or governing keepers of dramshops or retailers of liquors, or unless such applicant or applicants or Some one or more of them shall have failed or refused, after hav- ing been once convicted of any violation, to pay the line or penalty, or the cost or some part thereof assessed therefor. If the applica- tion be granted, the mayor or mayor pro tern, shall endorse the grant thereof on such application, together with the amount taxed for such license. § 6. Upon the filing of the application so endorsed as afore- said in the city clerk's office, together with the bond aforesaid, conditioned as aforesaid, with such securities and approved as aforesaid, and the approval thereof endorsed thereon, and paying to the city clerk the amount required for such license, a license to retail intoxicating, malt, vinous, mixed or fermented liquors in any quantity less than one gallon at the place named in the appli- cation, shall be issued to such applicant in the general form and manner prescribed by the ordinance of said city for other license. § 7. Whenever any person shall make application to the mayor for a license to keep a dramshop for retailing intoxicating, malt, vinous, mixed or fermented liquors, and the mayor or mayor pro tern, shall be satisfied that the application is made for the benefit of any other person, who is not entitled to a license under the provisions of this ordinance, or that any such person not entitled to a license is to be in any manner interested in the busi- ness to be carried on under such license, or in any manner employed therein, or if he shall be satisfied that such application is made for the purpose of avoiding the 15th section of this ordi- nance, he shall refuse to grant such license, and if any person shall make such application for the benefit of any other person not entitled to a license under the provisions hereof, or if any person not entitled to such license shall be in any manner enter- ested in the business to be carried on under such license, or shall be employed as an agent, clerk or servant in such business, then any license which may be granted on such application shall be absolutely null and void. § 8. No keeper of a dramshop, licensed under the provis- ions hereof to retail intoxicating, malt, vinous, mixed or fermented liquors shall, on Sundays, keep open or suffer or permit be kept open any part of his place of business, nor shall on Sundays in any manner sell or deliver any intoxicating, malt, vinous, ORDINANCES OP THE CITY OP DANVILLE. 43 mixed or fermented liquors, or suffer or permit any such liquor to be used or drank on his place of business, or in any place adjacent thereto under his control, under a penalty of not less than fifty dollars, nor more than two hundred dollars for each offence. § 9. The city marshal and policemen shall see that the pro- visions hereof are strictly observed and enforced and shall prose- cute all violations of the same, and any person may make com- plaint of any violation before the police magistrate and have the offender prosecuted as in other cases, and it shall be the duty of the city marshal and all policemen to arrest or cause to be arrested and prosecuted without delay all persons who may be found intox- icated or riotous in any public place. § 10. Upon a second conviction for a violation of any of the provisions hereof, in addition to the penalty imposed the license of the offender may, by resolution of the council, be re- voked or declared forfeited at the option of the city council. § 11. No keeper of a dramshop shall keep open or suffer to be kept open his place of business at a later hour than ten o'clock p. m., nor shall suffer any person not belonging thereto or con- nected therewith to remain in any part thereof after that hour, under a penalty of not less than five dollars, nor more than one hundred dollars for each violation. § 12. No keeper of a dramshop licensed under the provisions hereof to retail intoxicating, malt, vinous, mixed or fermented liquors, shall suffer any violent, tumultuous, offensive or disorderly conduct, or obscene, profane or unseemly language, quarreling, fighting, or other disturbance in or about his place of business, or in any place adjacent thereto under his control, to the annoyance, disturbance or vexation of others, under a penalty of not less than five dollars, nor more than one hundred dollars for each violation^ § 13. No keeper of a dramshop, licensed under the provisions hereof to retail intoxicating, malt, vinous, mixed or fermented liquors as aforesaid, shall, by himself, his clerk or his servant, suffer or permit any person to drink to excess on his premises, nor shall suffer or permit any species of gaming in any part there- of, or in any place adjacent thereto under his control, under a penalty of not less than ten dollars, and not exceeding two hun- dred dollars for each offense. § 14. Whenever any person or persons licensed under this or any other ordinance of said city to keep a dramshop as aforesaid, shall be by any court of competent jurisdiction adjudged to pay any fine, cost or penalty for violating the ordinance of said city regu- lating, governing or concerning the keepers of dramshops, it shall be the duty of the city attorney, city marshal, policemen or other officers of the city making complaint in or prosecuting the same, wherein such judgment was rendered, and each and all such offi- 44 ORDINANCES OF THE CITY OF DANVILLE. cers, immediately to report such judgment to the mayor; and if any such officers shall fail or refuse to make such report within two days after the rendition of such judgment, he shall be subject to a penalty of not less than ten dollars, nor more than one hun- dred dollars. § 15. Whenever any person licensed to keep a dramshop as aforesaid, shall be convicted of violating any ordinance of the city concerning, regulating or governing keepers of dramshops or retailers of liquors, it shall be the duty of the mayor to refuse to grant such person any other or further license to retail intoxi- cating, malt, vinous, mixed or fermented liquors in the city, until the fine or penalty adjudged against such person for such viola- tion shall have been fully paid and satisfied, together with all costs therein, or the case wherein such fine or penalty was ad- judged shall have been duly appealed. And whenever any person licensed to retail intoxicating, malt, vinous, mixed or fermented liq- uors as aforesaid shall have been twice convicted before any court of competent jurisdiction of violating any such ordinance of the city, it shall be in the discretion of the mayor to refuse such per- son so convicted any other or further license to keep a dramshop in said city; and whenever any person so licensed as aforesaid, shall have been three times convicted before any such court of violating any such ordinance, it shall be the duty of the mayor forever thereafter to refuse to grant such person so convicted any license to sell intoxicating, malt, vinous, mixed or fermented liq- uors in said city. Provided, however, that if any of the cases wherein the persons licensed as aforesaid shall have been convict- ed as aforesaid shall be appealed, and upon the hearing of such cause on appeal such person shall be found not guilty of the vio- lation or violations for which he was convicted in the court below, or of the fine or penalty adjudged for such violation whereof he may be convicted shall be remitted by the city council, then such conviction shall not be considered from and after the reversal thereof, or the remission of the fine or penalty assessed therefor, as a conviction within the meaning of this section so as to bar such person of his right to such license. § 16. No keeper of a dramshop licensed under the provision hereof to sell intoxicating, malt, vinous, mixed or fermented liquors, shall employ any minor as a servant or clerk in his busi- ness, nor shall sell, give or deliver any intoxicating, malt, vinous, mixed or fermented liquors to any minor or intoxicated person, nor shall harbor, or entice, or suffer any intoxicated person or minor to remain or loiter in or about his place of business, under a penalty of not less than ten dollars, nor more than one hundred dollars for each offense. § 17. No keeper of a dramshop licensed under the provision hereof, nor any other person, shall sell, give or deliver any in- toxicating, malt, vinous, mixed or fermented liquors to any habit- ORDINANCES OF"- THE CITY OF DANVILLE. 45 ual drunkard, or to any habitually intoxicated person, after having been notified by the parents or other relative of such person that he is an habitual drunkard or habitually intoxicated person, and requesting such retailer or other person not to sell, give or deliver him any such liquors, under a penalty of not less than twenty dollars, nor more than one hundred dollars for each offense. § 18. No license granted under the charter or any ordinance of the city for the sale of intoxicating, malt, vinous, mixed or fer- mented liquors shall be assignable or transferable, nor shall any person be authorized to do business or to act under such license but the person to whom it is granted, or at any other place than the place specified therein, without the consent of the mayor or mayor pro tern., with the approval of the city council, to be certi- fied on such license under his hand and the seal of the city, and countersigned by the city clerk; nor shall any such license author- ize any such person to act under it at more than one place at the same time, nor at any other time than therein specified. Who- ever shall violate the provision of this section shall be deemed as acting without a license and be subject to the same penalty as is prescribed for acting without a license. § 19. Every keeper of a dramshop licensed under the pro- vision of the second and third section hereof shall keep a copy of this ordinance, together with the license, posted up in some con- spicuous place in his place of business. § 20. The city council of the city of Danville may grant permits to all druggists who may apply therefor to them in writing, to retail liquors in any quantity less than one gallon for medicinal, mechanical, sacramental and chemical purposes only, which permit shall extend to the end of the then municipal year. § 21. Any druggist desiring a permit under the ordinance of said city to retail liquors in less quantities than one gallon for medicinal, mechanical, sacramental and chemical purposes, shall make a written application therefor to the city council, stating the place where his business is to be carried on. § 22. All druggists who may be permitted as herein pro- vided to retail in less quantities than one gallon, liquors for me- dicinal, mechanical, sacramental and chemical purposes only, shall, before selling or otherwise disposing of any such liquors as aforesaid, use due diligence and all reasonable means to ascertain that the same is intended bona fide for such purposes, and shall and are required to keep a register of all such sales in a book provided by them for that purpose, in which they shall enter the name of the person obtaining the same, the name of the liquor sold, the amount sold, and the purpose for which said liquor was intended, which said register shall at all times be kept in public view and open to public inspection. Any violation hereof shall subject the offender to a fine of not less than twenty dollars, and not exceeding one hundred dollars for each offense. But this 46 ORDINANCES Of THE CITY OF DANVILLE. shall not be deemed to extend to prescriptions of practicing phy- sicians. § 28. Any person who shall knowingly, by false statements or misrepresentations that the same is for purposes purely medic- inal, mechanical, sacramental or chemical, obtain or cause to be sold or delivered to him or to any other person whatever any such liquors in a quantity less than one gallon, shall, on convic- tion thereof, be fined in a sum not less than twenty dollars, and not exceeding one hundred dollars for each offense. § 24. When application is made for a permit as aforesaid, it shall be the duty of the mayor to receive and present the same at the next meeting of the city council, and if the application be granted, to endorse the grant thereon, and upon the riling of the application endorsed as aforesaid with the city clerk, a permit shall be given to retail such liquors in less quantities than one gal- lon for medicinal, mechanical, sacramental and chemical purposes only. The permit shall be signed by the mayor and bear the corporate seal of the city of Danville, and be countersigned by the clerk. § 25. The giving away of intoxicating, malt, vinous, mixed or fermented liquors, or other device or shift to evade the provis- ions or requirements hereof, are hereby declared to be within the meaning and intent, and shall be deemed violations hereof. ORDINANCES OP THE CITY OF DANVILLE. 47 CHAPTEE XIV. MISDEMEANORS. Section. Section. 10. 11. 12. 13. 14. 15. 16 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. refusal to 28. Unlawful assembly disperse; penalty. Assault, and conduct calculated to provoke a breach of the peace ; penalty. Disturbance of the peace and the 29 use of bad language ; penalty. Allowing unlawful assemblage ; penalty. Disturbance at night ; carrying weapons ; &c, &c. Aiding and abetting unlawful act; penalty. Disturbing religious assemblage ; penalty. Disturbance on the Sabbath ; pen- alty. False alarm of fire or cry for assist- ance ; penalty. Intoxication ; penalty. Public indecency ; penalty. Indecent book or exhibition ; pen- alty. Indecent writing, &c. ; penalty. Indecent exhibition of animals ; penalty. Gaming and lottery ; penalty. Gaming house, &c ; penalty. Disorderly or bawdy house, &c. ; inmates, supporters, &c. ; pen- 41 alty. Vagrancy ; penalty. 42 Billiard room and other places of amusement open on Sunday: penalty. Play or amusement on Sunday ; 43 penalty. Place of business open on Sunday ; penalty. Cruelty to dumb animals; penalty. Destruction of property ; penalty. Injuring street lamps, telegraph wires, &c, &c. ; penalty. Lighting or extinguishing street lamps ; penalty. Street lamps ; climbing ; fastening animal to. Removing or injuring gas fixtures ; penalty. 30. 38. 39. 40. 44. 45. 46. 47. 48. 49. Fastening animals to trees, fences, &c; injuring trees, fences, &c, on public or private premises; trespassing on property ; pen- alty. Sticking bills on premises ; pen- alty. Fast driving ; duty of police and power of citizens to stop offen- der ; penalty. Vehicles left unfastened ; penalty. Teams to keep to the right ; pen- alty. Discharging fire arms, &c. ; bon- fires ; penalty. Selling poison without marking; register to be kept ; penalty. Open cellar, excavation on alley or sidewalk ; penalty. Open excavations ; penalty. Selling unwholesome provisions, adulterated milk, or liquors ; duty of mayor or police to seize. False weights and measures ; pen- alty. Disturbance in the night time by boys ; penalty. Flying kites, and amusements im- peding travel ; penalty. Rubber slings ; penalty ; police to take. Throwing stones, climbing fences and trees, injuring property ; meddling with public well ; penalty. Disturbance ; assault ; trespass by boys ; penalty. Idling around depot ; penalty. Disturbing railroad officer, em- ployes and travelers ; penalty. Jumping on cars ; attempting to ride thereon ; penalty. Hackmen, &c, not to approach cars ; penalty. Signs indicating the sale of liquors; penalty. Drinking in public a nuisance ; penalty. § 1. Be it ordained by the City Council of the city of Danville, That any two or more persons who shall assemble for the purpose 48 ORDINANCES OF THE CITY OF DANVILLE. of disturbing the peace, or of committing any unlawful act, and who shall not disperse when commanded or requested by any peace officer, shall each and severally be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 2. Whoever shall assault, strike or fight another, or shall be guilty of any conduct calculated to provoke a breach of the peace, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 3. Whoever shall disturb the peace, or shall be guilty of any violent, tumultuous, offensive or disorderly conduct, or shall use obscene, offensive, profane or unseemly language, to the an- noyance, disturbance or vexation of others, shall be subject to a penalty of not less than three dollars, and not exceeding one hun- dred dollars. § 4. Whoever shall knowingly suffer or permit any assem- blage for the purpose of disturbing the peace, or of committing any unlawful act, or any breach of the peace, or any riotous, tumultuous, offensive or disorderly conduct, or any loud Or unusual noise or disturbance, or obscene, offensive, profane or unseemly language, to the annoyance, disturbance or vexation of others, in or upon any premises owned or occupied by him, under his control, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 5. Whoever at a late and unusual hour of the night time, willfully and maliciously disturbs the peace and quiet of any neigh- borhood or family, by loud or unusual noises, or by tumultuous or offensive carriage, threatening, traducing, quarreling, challeng- ing to fight or fighting, or whoever shall carry concealed weapons, or in a threatening manner display any pistol, knife, slungshot, brass, steel or iron knuckles, or other deadly weapon, day or night, shall be fined not exceeding one hundred dollars. § 6. Whoever shall abet or encourage any unlawful act, or any violation of any ordinance of the city, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 7. Whoever shall willfully or heedlessly disturb any assembly of persons met together for religious worship, shall be subject to a penalty of not less than five dollars, and not exceed- ing one hundred dollars. § 8. Whoever shall willfully or heedlessly disturb any law- ful assemblage of persons, or shall on the Sabbath day willfully or heedlessly disturb the peace or quiet of any private family, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. § 9. Whoever shall make a false alarm of fire, or any false cry for assistance, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. ORDINANCES OF THE CITY OF DANVILLE. 49 § 10. Whoever shall be found in a state of intoxication in any public place, or in anyplace open to public view, shall be subject to a penalty of not less than three dollars, and not exceed- ing one hundred dollars. §11. Whoever shall purpose^' or publicly make any inde- cent exposure of his or her person, or shall appear in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other indecent or lewd act or behavior, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. § 12. Whoever shall exhibit, sell or offer to sell any inde- cent, obscene or lewd book, picture, statue, or other thing, or shall exhibit or perform any indecent, obscene or lewd play, exhi- bition or other representation, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. § 13. Whoever shall in anyplace open to public view, write, mark, draw, cut or make any obscene, lewd or indecent word or sentence, design or figure, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. § 14. Whoever shall indecently exhibit any stud horse, bull, jackass, or other animal in any public place, or shall let any such animal, except in some inclosed place out of public view, shall be subject to a penalty of not less than five dollars, and not exceed- ing one hundred dollars. § 15. Whoever shall in any manner gamble or raffle for any money or thing of value, or for any check or anything represent- ing or intended to represent the same, or shall set up any lottery, or shall sell or dispose of for gain any ticket, chance or share in any lottery, shall be subject to a penalty of not less than twenty- five dollars, and not exceeding one hundred dollars in each case. § 16. Whoever shall knowingly suffer or permit any species of gaming for money or any other thing of value, or for an}' check or other thing intended to represent the same, in any house or premises owned or occupied by him under his control, or shall keep or have in his possession any gaming implements for the purpose of gaming therewith, shall be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dol- lars in each case. § 17. Whoever shall keep, maintain, frequent, be an inmate of, or connected with, or contribute to the support of any disor- derly, gaming or bawdy house, house of ill fame or of assignation, or any place for the practice of fornication, or shall knowingly suffer or permit any premises owned or occupied by him under his control, to be used for any such purpose, shall be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dollars, and the provisions of this section (the seventeenth) shall extend one mile beyond the city limits. § 18. Any person able to work and maintain himself in some 50 ORDINANCES OF THE CITY OF DANVILLE. • honest and respectable calling, not having visible means of sup- port, who shall live idly without employment, or loiter or stroll about begging, or frequenting gaming houses, disorderly or bawdy houses, groceries, tippling houses, or other places where intoxica- ting liquors are sold, or shall otherwise lead an idle or profligate course of life j or any person who shall keep any gaming house, or keep or exhibit any gaming implements for the purpose of gaming therewith, or shall pursue gaming, or who shall keep, maintain, or be an inmate of any house of prostitution, or who shall have in his possession any implement used for counterfeiting, or for the commission of burglary, or for picking locks or pockets, or any Mexican puzzle or other implement or device used by cheats and swindlers, without being able to give a good account of his possession of the same, or who shall trespass upon private property in the night time, or habitually sleep in sheds, stables, out-houses, or in the open air, without being able to give a good account of himself or herself, shall be deemed a vagrant, and shall be subject to a penalty of not less than ten dollars, and not exceed- ing one hundred dollars. § 19. Whoever shall, on Sunday, keep open any billiard room, ball or pin alley, house, ground or other place of amuse- ment, or shall suffer or permit persons to assemble therein for the purpose of amusement or play, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. § 20. Whoever shall, on Sunday, disturb the peace or good order of society by any play or amusement, shall be subject to a penalty of not less than five dollars, and not exceeding one hun- dred dollars. § 21. Whoever shall, on Sunday (except in case of necessity or for charitable purposes, or where the party shall conscientious- ly observe some other day of the week as the Sabbath), keep open his place of business, or pursue his daily business or avocation, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. This section shall not be con- strued as in anywise relating or extending to hotels, barber shops, bath houses or livery stables. § 22. Whoever shall inhumanly, cruelly or unnecessarily beat, abuse or otherwise maltreat any dumb animal, shall be sub- ject to a penalty of not less than five dollars, and not exceeding one hundred dollars. § 23. Whoever shall willfully, maliciously or negligently break, deface, destroy or otherwise injure any public property of the state, county or city, or any private property, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars, and shall also be liable for the costs and expenses of repairing the injuries committed, which shall be added to the penalty and constitute a part thereof. ORDINANCES OF THE CITY OP DANVILLE. 51 § 24. Whoever shall willfully, maliciously or negligently break, deface, destroy, or in any manner injure any street lamp or lamp post, or telegraph post or telegraph wires, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars, and in addition thereto the amount of the costs and expenses of repairing the injuries committed shall be added to the penalty and form a part thereof. § 25. Whoever shall without due authority, light or extin- guish any street lamp, shall be subject to a penalty of not less 1 than five dollars, and not exceeding one hundred dollars. § 26 Whoever shall climb upon any street lamp post, or fasten any horse or other animal thereto, or shall hang or place an)- goods, boxes, wood or other substance upon or against the same, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 27. Whoever shall willfully remove, injure, destroy or carry away any cap or lid placed upon service boxes of the gas light company, upon the sidewalks of the city, shall be subject to a penalty of not less than ten dollars, and not exceeding one hun- dred dollars. § 28. W T hoever shall, without the consent of the owner or occupant of the premises, fasten any horse or other animal to any fence, railing or tree, or to any boxing placed around any tree, or shall willfully, maliciously or negligently, in any manner injure, deface, remove or destroy any ornamental or shade tree, or boxing placed around the same, or any shrub, fence, railing, gate or sign, upon any public grounds, sidewalks or private prem- ises; or shall trespass upon any private premises or public grounds, and injure, carry away or destroy any tree, fruit, vegeta- ble, plant, shrub, or other thing which may be therein for orna- ment or otherwise, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. § 29. Whoever shall, without the consent of the owner or occupant of the premises, post, put up, stick or place any handbill, placard, show bill or notice upon any building or place, or shall mark, cut, scratch, or otherwise deface any place, or any part of any building, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 30. Whoever shall purposely and rapidly, or immoderately ride or drive any horse or mule, or any cattle or other like ani- mals, or any team, in any street or alley in the inhabited part of the city, may be stopped by any person, and shall be stopped by any police officer, and shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 31. Whoever shall have any horse or mule or any team in any uninclosed or public place without being fastened, guarded or secured, so as to prevent its running away, shall be subject to 52 ORDINANCES OF THE CITY OF DANVILLE. a penalty of not less than three dollars, and not exceeding one hundred dollars. § 32. All persons meeting each other in vehicles in the streets or alleys or in any public place, or upon or near any bridge, shall, unless the nature or state of the roadway or pass- way shall render it impracticable, each turn and drive to the right side, so as to pass each other without accident or injury. Who- ever shall violate the requirements of this section shall be subject to a penalty of not lesss than three dollars, and not exceeding one hundred dollars, and shall be likewise^iable for all damages that may accrue from collision, unless it be satisfactorily shown that the same occurred from the fault or misconduct of the other party. § 33. Whoever shall, in the inhabited part of the city, fire or discharge any cannon, gun or pistol or other fire arm, or shall set off or explode any torpedo, fire cracker, fire ball or rocket or other fire-works whatever, or shall make or kindle any bonfire, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. But the discharge of fire arms, the setting or exploding of fire- works, and the making of bon- fires upon national holidays and the celebration of other public and general events, or the discharge of fire arms by the members of any military company when on parade and in accordance with the command of the commanding officer, or by any city officer or person in the discharge of any legal duty or lawful act, when the same may be done in such a manner as not to endanger the safety of any person or the injury of any property, shall not be deemed violations hereof. § 34. Whoever shall keep, sell or deliver any poison usually known or used as deadly poison, wilhout legibly marking the name thereof or the word "poison" upon the vial, wrapper or other inelosure containing the same; or whoever shall sell or de- liver any arsenic, strychnine, prussic acid or other poison usually known or used as a deadly poison, to any person known to him, without registering the name of such person, and the kind and quality of the poison sold or delivered, and the purpose for which the same was obtained; or whoever shall sell or deliver any such poison to any person to him unknown, shall be subject to a pen- alty of not less than five dollars, and not exceeding one hundred dollars in each case. But the sale or delivery of any such poison as a medicine upon the prescription of a practicing physician, shall not be deemed a violation of this section. § 35. Whoever shall in the night time leave open any cellar, cellar door, vault, well, cistern, excavation, ditch or other like hole upon or adjoining any street, alley or sidewalk, without securing and protecting the same so as not to endanger the safety of per- sons or animals passing thereby from falling therein, shall be ORDINANCES OF THE CITY OP DANVILLE. 53 subject to a penalty of not less than three dollars, and not exceed- ing one hundred dollars. § 36. Any contractor for any public work, officer or other person making any excavation upon or adjoining any street, alley or sidewalk, or having the same in charge, who shall in the night time leave the same open and unprotected so as to endanger the safety of persons or animals passing thereby from falling therein, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 37. Whoever shall knowingly sell, expose, or offer for sale any sick or diseased animal, poultry or fish, to be used or eaten for food, or the flesh of any sick, diseased or otherwise unwhole- some dead animal, poultry or fish, or the fi$sh of any animal, fowl or fish not usually used or deemed unwholesome for food, or any unsound or unwholesome provisions or article of food what- ever, or any adulterated or pernicious milk, drink orliquors, shall be subject to a penalty of not less than ten dollars, and not ex- ceeding one hundred dollars in each ease; and the mayor or any police officer shall seize, or cause to be seized and destroyed any such food, milk, drink or other provisions so exposed or offered for sale. § 38. Whoever shall knowingly use any false scale, beam, weight or measure in the purchase or sale, receipt or delivery of any goods, article or property purchased or sold, received or de- livered by weight or measure, or shall use any weight or measure for the purchase or sale, receipt or delivery of any goods, article or property purchased, used or sold, received or delivered by weight or measure, knowing the same to be materially inaccurate and different from the standard prescribed by the state, or shall sell or deliver any goods, article or property sold or delivered by weight or measure, and purporting to be of a certain weight or measure, knowing the same to be materially less than the true weight or measure for which the same was sold or delivered, shall be subject to a penalty of not less than ten dollars, and not ex- ceeding one hundred dollars in each case. § 39. Any two or more boys who, in the night time, maybe assembled together and disturbing any lawful assembly of per- sons, or making any unusual noise or disturbance, to the disquiet or annoyance of the neighborhood j or who may be found loiter- ing or strolling about, and who shall not disperse and go to their several homes w T hen required by the mayor or any police officer, shall each, severally, be subject to a penalty not exceeding five dollars in each case. § 40. No boy or other person shall, in the inhabited part of the city, use or drive any hoop, or play with any ball, or use any bow and arrow, or raise and fly any kite or smoke or fire bal- loon, or (except upon national or other public and general cele- brations) make or kindle any bonfire or fire, explode or set off (33) 54 ORDINANCES OP THE CITY OP DANVILLE. any fire arms, fire balls, fire crackers, torpedoes, rocket, or other fire works, or shall otherwise pursue any amusement or exercise calculated to impede travel or frighten animals, or injure or an- noy persons passing along the streets or sidewalks, under a pen- alty not exceeding five dollars in each case. § 41. It shall be unlawful for any boy or other person to have in his possession any sling, rubber sling, or other implement or device whatsoever, for the casting or throwing of stones, bul- lets, or anything whatsoever, under a penalty not exceeding ten dollars, and any officer created a conservator of the peace by the ordinances of the city, may, and the marshal and all policemen shall, immediately take possession of any such sling, rub- ber sling, or other implement or device aforesaid, whenever the same shall be found in the possession of any boy or other person, and shall arrest the boy or other person, in whose possession the same is found, and shall detain him in custody until he can be brought before the police magistrate or other competent court, as in other cases for the violations of the city ordinances. § 42. ~No boy or other person shall purposely or heedlessly cast or throw any stone or missile, from or into any public place, or at any person, or at, upon, against or into any building, prem- ises, tree Or other property, or shall walk upon the top of any bridge or railing thereof, or the top or capping of any fence or railing, or climb upon the same, or into any shade or ornamental tree upon any sidewalk or elsewhere, without the consent of the owner thereof, or shall in anywise injure, deface or destroy any building, fence, railing, tree or other property, or shall meddle with any public well, cistern or pump, under a penalty of not ex- ceeding ten dollars in each case. § 43. Any boy or other person who shall willfully or heed- lessly make any unusual noise or disturbance, to the disquiet or annoyance of others, or shall disturb any assembly met for relig- ious worship, or any other lawful assembly of persons, or who shall assault or strike any other boy or person, or who shall tres- pass upon any public grounds or private premises, and injure, carry away or destroy any tree, fruit, vegetables, plant, shrub, or other thing of value therein, or who shall get into or upon any Wagon or other vehicle, without the consent of the owner thereof, or shall otherwise purposely annoy or molest any other person, shall be subject to a penalty not exceeding ten dollars in each case. § 44. Any boy or other person who shall, by idling around the depot of any railway, or the grounds adjoining thereto and used in connection therewith, impede, molest or obstruct the officers or employes, or any of them, engaged in running cars or locomotives on such railroad, or in prosecuting their or his lawful business or duties connected therewith, and shall not on being requested so to do by any such officer or employe, or the marshal or any policeman of this city, immediately leave such depot ORDINANCES OP THE CITY OP DANVILLE. 55 or grounds, shall be deemed guilty of a misdemeanor, and be subject to a penalty of not less than three dollars, and not exceeding One hundred dollars. § 45. Any boy or other person who shall by unnecessarily running about the depot of any railroad, or the grounds used in connection therewith, obstruct, interrupt or disturo any officer or employe of the person, company or corporation having charge of and operating such railroad, from or in prosecuting or carrying on the proper, legitimate and lawful business of such person, com- pany or corporation, in connection with the operating of such railroad, or shall interfere with r>r disturb any traveler or travel- ers by such railroad, or other person or persons having lawful business to transact there, shall be deemed guilty of a misde- meanor, and shall be liable to a penalty of not less than three dollars, and not exceeding one hundred dollars. § 46. Any person who shall jump or climb upon or catch hold of and hang to any railroad car or locomotive, while the same is in motion, or who shall by clinging to the outside of, or climbing or getting upon any such car or locomotive, whether in motion or not at the time of clinging to or climbing or getting upon the same, attempt to ride thereon from one lace to another within the city, not being or intending to ecome a passenger on such railroad, by the train with which such car or locomotive is connected, beyond the limits of the city or from one station to another on said railroad, and not being an officer or employe of the person, company or corporation opera- ting and controlling such railroad, shall be deemed guilty of a misdemeanor, and shall be subject to a penalty of not less than' three dollars, and not exceeding one hundred dollars. § 47. No hackman, hotel runner, 'bus driver or runner for public houses or other things or persons, in plying their vocations or soliciting patronage at any of the railroad depots in said city, shall approach any train or car of such railroads nearer than a distance of ten feet. For every violation of this section, the offender shall be subject to a fine of not less than three dollars, nor more than twenty-five dollars for each offence. § 48. No person or persons within the limits of said city, not having a legal license to retail intoxicating liquors, shall exhibit nor permit any sign, letters or caricature on the outside of his building or place, nor shall keep or permit to be kept any bar with bottles, barrels, kegs or other vessels containing such liquors within his building or place, occupied by him or her, indicating or which shall be intended to indicate, that any vinous, spirituous, mixed, malt or other intoxicating liquors whatever, are kept and sold at such places in less quantity than one gallon, under a pen- alty of not less than three dollars, and not exceeding one hun- dred dollars for each day the same shall remain in such place or 56 ORDINANCES OF THE CITY OF DANVILLE. places, after notice by the city marshal or other police officer, to such person or persons to remove the same. § 49. If two or more persons shall assemble together, or who, being together, shall in any public place or in any place open to public view within the corporate limits of the city of Dan- ville, drink any vinous, spirituous, fermented, mixed, malt or other intoxicating liquors of any kind whatsoever, they shall be deemed guilty of creating a nuisance, and shall each be subject to a pen- alty of not less than five, and not exceeding one hundred dollars for each offence. ORDINANCES OF THE CITY OF DANVILLE. 57 CHAPTER XV. NUISANCES. Section. Section. 1. Nuisance defined; refusing to 12. abate ; penalty. 2. Hog pen, when offensive, declared a nuisance ; penalty for refusing to abate after notice. 13. 3. Nausems liquid, etc., discharged from premises, a nuisance ; per- mitting the same ; penalty. 14. 4. Depositing offensive liquid or sub- stance within the city or within 15. half a mile thereof, a nuisance ; penalty. 5. Permitting dead animal to remain in the city, or within half a mile thereof, a nuisance ; penalty. 16. 6. Dead animal to be removed without unnecessary offense : penalty. 7. Nuisance found ; owner to abate on notice ; on refusal of the owner, officer to abate and bring suit in name of city ; nuisance on premises where owner or author 17. is unknown : occupant or agent to abate ; penalty for refusing; 18. duty of officer to report under oath for allowance and assess- ment against property. 19. 8. Stagnant water on premises a nuis- ance. 20. 9. Premises when reported to the city council as a nuisance to be re- ferred to a committee for report. 10, Power of council on report of com- mittee. 11. Duty of mayor or marshal after 21. passage of an ordinance declar- ing premises a nuisance ; mayor to send copy of ordinance to absent owner; ordinance to be 22. published when owner is un- known. 23. Mayor to cause lot to be filled up, etc. ; cost to be reported to council ; costs recovered by suit or assessment. Cost of abating nuisance to be kept separate and apportioned equit- ably. Dilapidated or dangerous building a nuisance. Such building to be referred to committee on fire and water for report ; city council to pass an ordinance to remove or make good such building. Duty of mayor after passage of such ordinance ; marshal to serve notice and mayor to send notice to absent owner ; when owner is unknown, notice to be given by publication ; power of mayor to tear down building. Duty of marshal ; costs, how col- lected. Refusal of owner to remove or make good such building, etc. ; penalty. Building in danger of falling a nui- sance. Duty of mayor to appoint com- mittee to inspect such building : to notify owner ; duty of mayor on refusal of owner to comply with notice ; penalty, how re- covered. Scaffolds to be secure and suffi- cient ; insecure scaffolds a nuis- ance ; penalty ; officers to abate and bring suit. Slaughter houses, etc., prohibited without permit. Permit, how obtained. § 1. Any premises or part thereof which may be nauseous, foul or offensive to the neighborhood, or to any person or family residing near the same, or to persons passing along any street or alley near the same, or which may be in such a condition as to be detrimental or obnoxious to the public health or comfort, shall be deemed a nuisance; and any owner or occupant of such premises, who shall refuse or neglect to abate, remedy or remove such nuis- (34) t \ 58 ORDINANCES OF THE CITY OF DANVILLE. ance, or cleanse such premises, after notice thereof by the supervi- sor, the marshal, or any policeman, or any person aggrieved thereby, shall be subject to a penalty of five dollars for each day he shall so neglect to abate, remove, remedy or cleanse the same after such notice. § 2. Any pen, place or premises in which swine are kept or confined, which may be offensive or an annoyance to any person residing near the same, or to persons passing along any street or alley near the same, is hereby declared to be a nuisance. And the owner or keeper of such swine, or the owner or occupant of the premises, who shall neglect or refuse to abate, remedy or remove such nuisance, after notice thereof by the supervisor, the marshal or any policeman, or any person aggrieved thereby, shall' be subject to a penalty of five dollars for each day he shall so neglect or refuse to abate, remedy or remove such nuisance after such notice. § 3. Any nauseous, foul, offensive or putrid liquid or sub- stance,"or any liquid or substance likely to become nauseous, foul, offensive or putrid, which may be discharged, placed, thrown or flow from or out of any premises into any street or alley, or into any adjacent premises, is hereby declared a nuisance; and whoever shall throw, place or discharge any such nauseous, foul, offensive or putrid liquid or substance, or any liquid or substance likely to become nauseous, offensive, foul or putrid, into any street or alley, or into any adjacent premises, or shall permit any such nuisance to flow or to be discharged from or out of any premises owned or occupied by him or under his control, into any street or alley, or into any adjacent premises, shall be subject to a penalty of ten dollars, and to a like penalty for each day he shall not abate, remedy or remove the same after notice thereof by the supervisor, the marshal, any policeman or any person aggrieved thereby. § 4. Whoever shall deposit, throw, discharge, or leave any nauseous, foul, offensive or putrid liquid, substance or excrement, or any liquid or substance likely to become nauseous, foul, offen- sive or putrid within the city, or (so as to be or likely to become offensive or injurious to the health or comfort of any person resid- ing within the city) within one half mile thereof, shall be deemed guilty of a nuisance and subject to a penalty of five dollars, and to a like penalty for each day he shall not abate, remedy or remove such nuisance after notice thereof by the marshal, supervisor, any policeman, or any resident of the city aggrieved thereby. § 5. Any person who shall knowingly suffer any dead ani- mal belonging to him to remain within the city, or within one half mile thereof, so as to be or likely to become putrid and nau- seous, or inoffensive to any person residing within the city, shall be deemed guilty of a nuisance, and shall be subject to a penalty ORDINANCES OF THE CITY OF DANVILLE. 59 of not less than three dollars, and not exceeding one hundred dollars. § 6. No person shall, in removing any dead animal or excrement, or any other nauseous, offensive or putrid liquid or substance, purposely or unnecessarily cause the same to be offen- sive or annoying to any other person, under a penalty of not less than three dollars, and not exceeding one hundred dollars § 7. When any nuisance or anything likely to become a nui- sance shall be found by the supervisor, the marshal, any police- man or any alderman, or shall be reported to them or either of them, the owner, author or cause of such nuisance shall forthwith be notified to abate, remedy or remove the same; and in case he should not comply with such notice, the officer shall abate such nuisance and bring suit against such person in the name of the city, for the penalty; and the costs of the removal or abatement may also be recovered with the penalty or by a separate suit in the name of the city, before any court having jurisdiction. When any nuisance or anything likely to become a nuisance may be found upon any premises, and the owner, author or cause of such nuisance is unknown or cannot be found, the owner, occupant or agent of such premises shall be notified to abate the same, and if such owner or his agent or occupant, whose duty it is to abate such nuisance, shall not comply with such notice, he shall be sub- ject to a penalty of not less than three dollars, and not exceeding one hundred dollars j and the officer shall proceed without delay to abate the same, and may bring suit in the name of the city against the person liable therefor for the penalty and costs of removal or abatement, as in other cases j or if no person liable therefor can be found, may report such costs under oath to the city council for allowance and assessment against the premises chargeable therewith. When the owner, author or cause of such nuisance, or the owner or his agent, or the occupant of the prem- ises upon which such nuisance may exist is unknown or cannot be found within the city, the officer shall abate such nuisance forthwith without notice, and may bring suit in the name of the city for the penalty and costs of removal or abatement against the owner, author or cause of such nuisance, or the owner or occu- pant of the premises or other person liable therefor; or if no per- son liable therefor can be found, may report the cost of such removal or abatement under oath to the city council for allow- ance and assessment against the premises chargeable therewith. § 8. Any lot or premises upon which stagnant water may be standing, so as to become or likely to become putrid, foul, offensive or detrimental to the health and comfort of persons residing in the neighborhood thereof, is hereby declared to be a nuisance. § 9. When any lot or premises shall be reported to the city council, either verbally or in writing by the city marshal, the city supervisor or any policeman, or any other person residing in the m ORDINANCES OF THE CITY OF DANVILLE. neighborhood thereof, as a nuisance from stagnant water standing thereon, or any other cause detrimental to the public health or comfort, or is likely to become a nuisance from any other such cause, the city council shall refer the matter to a committee of not less than three, to be appointed for that purpose by the mayor, whose duty it shall be to examine into the condition of such lot or premises, and if the same shall be found in such condition as to be detrimental or obnoxious to the health or comfort of persons residing in the neighborhood, to report such lot or premises as a nuisance to the city council, stating the cause, and the manner deemed best for abating such nuisance, either by filling up or draining the same, or otherwise disposing of the same-. § 10. When any lot or premises shall be reported to the city council as a nuisance by such committee, the city council may by the passage of an ordinance declare such lot or premises a nui- sance, stating the cause therefor, and require the owner or occu- pant of the lot or premises, or the person liable therefor, to fill up or drain such lot or premises, or otherwise abate such nuisance, within such time as may be named in the ordinance. § 11. The mayor or marshal shall, without delay, after the passage of any ordinance declaring any lot or premises a nuisance and requiring such nuisance to be abated by the filling or draining or otherwise improving such lot or premises, cause a copy of the ordinance to be delivered to the owner of such lot or premises, or his agent or the occupant thereof, or any person whose duty it is to abate the nuisance thereon. If the owner of such lot or premises, or other person whose duty it is to abate the nuisance thereon, is not a resident of the city, the mayor may inclose a copy of the ordinance to such owner or other person by mail, directed to him at the post office where he usually receives his letters, if known. But if such owner or other person whose duty it is to abate such nuisance, and his agent, if any, are unknown, or if his place of residence is unknown, the ordinance shall be pub- lished for at least three weeks in the newspaper publishing the ordinances of the city, which shall be sufficient notice to all persons. § 12. If any lot or premises shall not be filled up or drained, or such nuisance otherwise abated, in compliance with such ordi- nance, the mayor shall cause the same to be done by the city supervisor, or may let the same by contract in the same manner as for public improvements, and when completed shall report to the city council an accurate account of the cost thereof, under the oath of the supervisor or the contractor doing the same, and the amount so necessarily expended in abating such nuisance may be recovered from the owner of the lot or premises, or of any other person liable therefor, by suit in the name of the city before any court having jurisdiction, or may be assessed against the lot or premises chargeable therewith, and collected by warrant and ORDINANCES OF THE CITY OF DANVILLE. 61 sale of the same, in the same manner as other nuisances. § 13. When any lot or premises shall be filled up or drained, or any nuisance thereon' otherwise abated, the officer or contrac- tor doing the same shall keep an accurate account of the costs of abating such nuisance upon each separate lot or premises, and shall report the same separately; but if the exact cost of each cannot be ascertained, he shall apportion the costs equitably, as near as may be, to each separate lot or premises. § 14. Any wooden building or wooden part of any building which may be situated within thirty feet of any contiguous build- ing, and which may be in danger of becoming on fire or setting fire to any contiguous building, by reason of being dilapidated, out of repair or untenantable, or by reason of nny fire-place, grate, stove-pipe, furnace or chimney, or any other structure or apparatus therein used or intended to be used for the purpose of holding, conducting or securing any fire, being insufficient or be- ing improperly or unsufficiently secured, is hereby declared a nuisance. § 15. "When any such building or part of a building shall be reported to the city council, the same shall be referred to the committee on fire and water, or other appropriate committee, who shall examine such building or part of a building, and report the condition thereof ; and if the city council shall be satisfied that such building is within thirty feet of any contiguous building, or in danger of becoming on fire or setting fire to any contiguous building, by reason of any of the causes mentioned in the last preceding section, they may by the passage of an ordinance de- clare such building or part of a building to be a nuisance, stating the cause thereof, and require the owner or occupant of such building or part of a building, or other person liable therefor, to remove such building without the city limits, or to make good and property secure any such fire-place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus in such build- ing or part of a building, used or intended to be used for the purpose of holding, conducting or securing any fire, or require him, her or them otherwise to abate such nuisance within such time as they may deem necessary. § 16. The mayor shall, without delay, after the passage of such ordinance as mentioned in the last preceding section, make out, sign and deliver to the marshal a notice containing a copy of such ordinance, directed to the owner of such building or part of a building, requiring him to remove the same, or to make good and properly secure such fire-place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus therein, used or in- tended to be used as aforesaid, in compliance therewith. The marshal shall, without delay, serve such notice upon the owner of such building or part of building, or his agent, and the person in actual occupancy thereof, if any, retaining a copy thereof j but if (35) 62 ORDINANCES Of THE CITY OF DANVILLE. the owner is a non-resident of the city and has no known agent residing in this city, the mayor shall send the notice to him by mail, directed to him at the post office at which he usually re- ceives his letters, if known, retaining a copy thereof. If no owner or his agent can be found in the city, and the owner's place of residence is unknown, or if the owner is unknown, the mayor shall cause the ordinance to be published at least twice in the newspaper publishing the ordinances of the city, which shall be deemed sufficient notice to all persons. If any such building or part of a building shall not be removed, or such fire-place, stove, grate, stove-pipe, funnel or chimney, or other structure or apparatus therein, used or intended to be used as aforesaid, shall not be made good and properly secured, in compliance with such notice at the expiration of the time named therein, the mayor shall order the city marshal to move or tear down such building or part of a building, or so much thereof as may be necessary, or in some other manner to remedy such danger and abate such nuisance. § 17. The marshal shall, without delay, execute the order of the mayor, and shall report the costs of so doing upon oath to the city council, and the same may be collected of the owner of the building or the occupant thereof, or an} 7 person liable there- for, by suit in the name of the city, before any court having jurisdiction, or assessed against the premises chargeable there- with, and collected by warrant and sale of the same, in the same manner as other nuisances. § 18. Any owner of any such building, who shall, when notified so to do, neglect or refuse to remove the same, or any such owner or any occupant thereof who shall neglect or refuse to make good or perfectly secure any such fire-place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus therein, used or intended to be used as aforesaid, or otherwise to abate such nuisance in compliance with such notice, shall be subject to a penalty of not less than twenty dollars, and not ex- ceeding one hundred dollars. § 19. Any building or erection, or part thereof, which shall be in danger of falling, or otherwise in such condition as to endanger the safety of persons passing under or near the same, or residing adjacent thereto, or to endanger any property contigu- ous thereto, is hereby declared to be a nuisance. § 20. When knowledge of any such dangerous building or erection shall come to the mayor, he shall, without delay, sum- mon three disinterested citizens of the city, who shall with him inspect such building or erection, and if they, or a majority of them, shall be of the opinion that the same endangers the safety of persons passing under or near the same, or residing adjacent thereto, or any property contiguous thereto, the mayor shall, without delay, notify or cause to be notified the owner or person ORDINANCES OF THE CITY OP DANVILLE. having charge of such building or erection forthwith to remove) demolish or otherwise secure the same, or such part thereof as may be necessary ; and upon his failing or refusing to comply with such notice, the mayor shall, without delay, cause such building or erection, or such part thereof as may be necessary to be removed, demolished or otherwise secured, so as to be safe and harmless, and the owner of such building or erection, or person having charge of the same, who shall fail or refuse to comply with such notice, shall be subject to a penalty of not less than twenty dollars, and not exceeding one hundred dollars; and the costs of removing, demolishing or securing such building or erection, shall be reported to the city council by the mayor, and the same may be collected of the owner of such building or erection, or person having the same in charge, by suit in the name of the city, before any court having jurisdiction, or assessed against the premises chargeable therewith, and collected by war- rant and sale of the same, in the same manner as other nuisances. § 21. All scaffolds or other erections used in the erection of any building shall be made secure and sufficiently wide to insure the safety of persons working thereon or passing under the same, against the falling thereof, or of materials placed thereon. Any scaffold or other erection which may be otherwise constructed shall be deemed a nuisance, and whoever shall construct or use any such insecure or dangerous scaffold or other erection, shall be subject to a penalty of not less than ten dollars, and not ex- ceeding one hundred dollars, and upon his failure or refusal to remedy or remove the same forthwith, when required by the mayor, the supervisor or any police officer, the officer shall cause the same to be done, and the costs of such removal or remedy shall be collected of the owner, or builder, or person having con- trol thereof, and recovered by suit in the name of the city, before any court having jurisdiction. § 22. Any person or persons who shall carry on, occupy or use any slaughtering establishment, or establishment for steam- ing or rendering lard, tallow, offal, dead animal or other substance of like nature within the limits of the city of Danville, or within the distance of one mile without the limits of the city, without permission of the city council, to be granted in the manner here- inafter provided, shall be deemed the author of a nuisance, and on conviction shall be subject to a fine of not less than twenty- five dollars, and not exceeding one hundred dollars in every case, and to a like fine for every day he or they shall neglect to abate such nuisance, when notified by the marshal or any police officer to abate the same. § 23. Any person desirous of obtaining a permit, as requir- ed by the preceding section of this ordinance, shall make appli- cation therefor to the city council in writing, stating the business he is desirous of pursuing, and specifying the premises whereon \ 64 ORDINANCES OF THE CITY OP DANVILLE. the same is to be conducted. If such application shall be granted, the applicant shall thereupon be required to enter into bond with one or more sureties, to be approved by the mayor, in the penal sum of five hundred dollars, conditioned that the said applicant will comply with all the requirements of all ordinances now in force or that may hereafter be in force upon this subject, and upon the execution and delivery of said bond it shall be the duty of the mayor and clerk to issue a license to the applicant, under the corporate seal, which license shall continue in force for the period of one year from the date thereof, and the clerk shall keep a register of all such licenses which shall be issued. ORDINANCES OF THE CITY OF DANVILLE. 65\ n CHAPTER XVI. OFFICERS. Section. Section. 1. City Council; how composed ; city 22. officers. 23. 2. Official oath. 3. Officers to give bonds. 4. Officers as sureties not allowed ; form approved by city attorney; council may require new bond. 5. Officers commissioned by warrant shall deliver to successor all books, &c, within five days af- ter notice. 6. Shall pay money as soon as collect- ed into city treasury. 7. Officers' salaries ; when payable. 8. Books, records, &c, of officers, 24. shall be kept subject to inspec- tion. 25. C. In absence of an officer, mayor may assign duties to other officer. 10. Vacancies occasioned by absence. 11. Liability of officers ; salary with- held ; substitute appointed; how 26. paid. 12. Duties of city engineer. 13. City engineer to keep record. 14. To make surveys. 27. 15. To fix boundaries and certify to same. 16. City clerk to deliver plats, &c, to 28. engineer. 17. Duties of city superintendent of streets. 18. To have ordinances relating to rail- 29. roads, streets and property, en- forced. 19. To have custody of all tools, and 30. keep same in repair. 20. To annually have streets, gutters, &c, put in repair. 31. 21. To keep an account of all moneys, 32. &c„ furnished for his depart- ment ; to report number of tools, &Ci to city clerk monthly ; to furnish tools, &c, to ward su- pervisors; to semi-annually make certified report to city council. Duties of ward supervisors. To collect poll tax in respective wards and pay same to city clerk ; city clex*k shall keep a separate acount of same, and credit same to several wards from which same is received ; supervisors to keep account of number of days worked and re- port same semi-annually to city superintendent of streets ; they shall also report same to city council ; shall return all tools to city superintendent. Duty of ward supervisors when spe- cial repairs are to be made. Superintendent of streets shall cer- tify all reports made to him to city council with his report, and certify to correctness of all bills in his department. City superintendent and ward su- pervisors shall, before receiving pay, present sworn bill to city council. Superintendent of streets and ward supervisors subject to control of committee on streets and alleys. Duties of fire warden ; to super- intend construction of chimneys: misdemeanor to disobey instruc- tions. To enter buildings and premises - to give notice in case of danger; ous flue. To enforce all ordinances relating to fire, &c. ; shall be ex-officio policeman. To report to city council monthly. Salaries of officers. § 1. The municipal government of the city shall consist of a city council, to be composed of the mayor, and two aldermen from each ward. The elective officers of the city shall be as (36) G6 ORDINANCES OF THE ClTf OF DANVILLE. follows: A city clerk, city attorney, a city treasurer, a city marshal and a police magistrate. There shall also annually be appointed by the mayor, by and with the advice and consent of the city council, a fire -warden, a city superintendent of streets and alleys, a supervisor of streets and alleys from each ward, a city surveyor and engineer, and such number of policemen and Watchmen as may be deemed necessary. Who, in addition to the duties prescribed m the act under which and as which the cit} r of Danville is incorporated as a city, shall perform such other duties as may be prescribed by ordinance. There shall also be such other officers, servants and agents of the city as ruay be provided by ordinance, to perform such duties as may be prescribed by ordinance. § 2. All officers of the city of Danville, whether elected or appointed, shall, before entering upon the duties of their respect- ive offices, take and subscribe the following oath or affirmation : "I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability." § 3. All officers of the city of Danville, whether elected or appointed, except aldermen, shall, before entering upon the duties of their respective offices, execute a bond with security, to be approved by the city council, payable to the city of Danville, in such penal sum as may, by resolution or ordinance, be directed;, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, accord- ing to law and the ordinances of the said city : Provided, however, that in no case shall the mayor's bond be fixed at a less sum than three thousand dollars ($8,000), nor shall the treasurer's bond be fixed at a less sum than the amount of the estimated tax and special assessments for the current year ) which bonds shall be filed with the clerk (except the bond of the clerk, which shall be filed with the treasurer). § 4. No member of the city council or officer of the city shall be received as surety on the official bond of any city officer hereby created and provided for, and herein required to execute bond as city officer. All official bonds shall be drawn by the city attorney, or submitted to him after being drawn up, for his ap- proval of the form theref, and shall then be submitted to the city council for their approval, which, when given, the city clerk shall certify thereon, and shall file and preserve the same in his office, except the bond of the city clerk, which shall be filed with the treasurer. The city council may at any time require a new bond to be executed by any city officer, if from any cause they shall deem the old bond insufficient or the sureties thereon ; but the execution of such new bond shall not in any manner affect any ORDINANCES OF THE CITY OF DANVILLE. 67 liability, loss or damage incurred under, the old bond, or release the sureties from any liabilities incurred thereon. All bonds and contracts shall be written or printed, or partly both, in a plain and legible manner. § 5. All officers of the city of Danville (except the clerk, aldermen and mayor,) shall be commissioned by warrant, under the corporate seal, signed by the clerk and the mayor or presid- ing officer of the city council. The mayor shall issue a certificate of appointment or election, under the seal of the city, to the clerk thereof, and any person having been an officer of the city shall, within five days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession belonging to the city, or appertain- ing to his said office ; and upon his refusal to do so, shall be liable for all damages caused thereby, and shall be subject to a penalty of not less than twenty-five dollars, and not exceeding two hundred dollars. § 6. All officers collecting or receiving any moneys on ac- count of the city, shall pay the same as fast as collected into the city treasury in the same kind of funds as received by them, and shall, on the first Thursday of each month, report to the city council an accurate statement of all the moneys received by them for the preceding month, specifying the amount, from whom, and on w T hat account received. No officer shall retain any moneys received or collected by him towards the payment of any salary or fees which may be coming to him from the city, but shall pay the same into the treasury. Any officer violating any provision of this section shall be subject to a penalty of not less than ten dollars, and not exceeding two hundred dollars. § 7. The salaries of the city officers, unless otherwise spe- cially provided, shall be payable monthly, on the first Thursday of each month, and they shall present their accounts to the city council for adjustment or payment, but no warrant shall be drawn in favor of any officer for his salary until he shall have filed his report as herein required, nor shall any warrant in any case be drawn in favor of any officer who shall be in default or arrears with the city. § 8. The records, books and papers pertaining to any city officer shall, at all reasonable times, be subject to the inspection and examination of the mayor, the city council or any of its committees, 'or any person interested in the same j and all city officers shall, when requested, give all the information in their power pertaining to their respective offices, to the city council or any of its committees, or any other department of the city government. § 9. When any particular officer required by ordinance to execute any particular duty, shall be absent, or incompetent, or otherwise unable to discharge such duty, the mayor or mayor 68 ORDINANCES OF THE CITY OF DANVILLE. pro tern., may assign the discharge of such duty to some other officer, and such officer shall act in such case with the same power and authority as is specially named in the ordinance. § 10. If any city officer shall remove from the city, or absent himself therefrom for one month without permission of the city council first had and obtained, his office shall be vacated. § 11. All officers shall be liable to the city for all loss or damage which may arise from their negligence or willful miscon- duct in the discharge of any official duty, and the city council may, in their discretion, by order, withhold the salary of any such officer, in order to secure the city from loss. And if any officer shall fail, neglect or refuse to discharge or perform any duty required of him, the mayor may employ or appoint some competent person to perform such duty, and the costs and ex- penses of doing the same shall be charged to such officer and deducted from his salary, or if his salary shall be insufficient to pay the same, they may be collected from him and recovered by suit in the name of the city, before any court having jurisdiction. § 12. The city engineer and surveyor shall, when required by the mayor, the city council, or any of its committees, make out plans, estimates and specifications for public work which may be ordered or proposed by the city council, and superintend the construction thereof. He shall, when required by the city council, make surveys of the grades or boundaries of streets or alleys, and prepare plats or profiles, and report the same to the city council; and no such survey of any grade or boundary shall be established and valid until the plats or profiles thereof shall be reported to and approved by the city council. He shall, when required, receive, inspect or measure any lumber or other ma- terials to be used for any public work, and if necessary, shall keep an accurate account, in a suitable book, of the quantity and quality of the same, and from whom received, and the cost there- of, and also for what purpose used, and to__whom delivered. He shall examine all accounts for materials received by him on ac- count of the city, and if correct, certify the same to the city council. § 13. He shall preserve in his office all record and plans of survey, and all books, .papers and writings pertaining to his office. He shall make out and keep a diagram or plat of all the grades and boundaries of streets and alleys established by the city coun- cil, correcting the same when any grade shall be changed, and adding thereto when any new grade or boundary shall be estab- lished, and he shall record, in a suitable book, the profiles and notes of all surveys of grades and boundaries established, and shall preserve the original papers relating thereto, and shall otherwise keep a systematic record of all the transactions per- taining to his department. ORDINANCES OF THE CITY OF DANVILLE. 69 § 14. He shall make all surveys in the city that he may be called upon to make, and shall employ the necessary chainmen and other assistants, who shall, before entering upon their duties, be sworn before him or any person authorized to administer oaths, "to measure accurately and justly, and to perform their duties to the best of their knowledge and ability." He shall acquaint himself with the original surveys of the town and city, and shall, as far as practicable, provide himself with copies of the field notes of the original surveys, and shall make his surveys in accordance therewith ; and he shall note all errors and dis- crepancies in the original survey or surveys, as soon as dis- covered. § 15. He shall, upon finding or establishing the boundary of any lot or tract surveyed, plant a substantial stake or stone at each corner thereof, and give to the owner or person employ- ing him, if required, a certificate, stating the date, and, as far as practicable, the metes and bounds of the survey, and date of the survey, for whom made, and describing, as far as practicable, the metes and bounds thereof. § 16. The city clerk shall return to the city surveyor and engineer all plats and other papers pertaining to his department, as soon as the city council shall have no further use for them. § 17. It shall be the duty of the city superintendent of streets to take charge of all streets, alleys, lanes, highways, walks and cross walks, bridges, sewers, public grounds and street lamps in and belonging to said city, subject, however, to all ordinances that now are or may hereafter be in force. He shall attend to and superintend the improvement and repairs upon the same, and see that the same are kept in proper order and in good condition, and free from all unnecessary obstructions. § 18. He shall see that all ordinances of said city pertaining to railroads are not violated, and that all railroad crossings are kept free and clear at all times, under the ordinances now in force or such as may hereafter be in force, and when there is a violation of ordinances pertaining to railroads, streets and alleys, walks, cross walks, bridges, sewers, public grounds, lawns or highways, report the same to the proper officers and see that the ordinances are properly enforced. § 19. He shall procure and have the control and custody of all the necessary tools and implements which are used in the con- struction and repair of the streets, alleys, lanes, highways, walks, cross walks, bridges, sewers, public grounds and street lamps aforesaid, and see that the same are kept in proper condition for use and ready to be furnished to ward supervisors of streets when needed by them. ' § 20. He shall annually, as early as the season will permit, direct the supervisors of the respective wards in said city to cause the streets, alleys, lanes, highways, walks and crosswalks, sewers, (») 70 ORDINANCES OF THE CITY OE DANVILLE* gutters, bridges and public grounds aforesaid, to be put in proper condition and repair. § 21. The said city superintendent of streets shall keep an account of all moneys, tools, implements or material furnished in and for his department, and shall report monthly to the city clerk the number and description of all tools and implements in his de- partment, and the city clerk shall keep an accurate account of the same in a book kept for that purpose. He shall furnish to the respective ward supervisors all material, tools and implements to be used in their several wards for the necessary construction and repairs of the streets, alleys, sewers, walks, cross walks, bridges and public grounds, lawns and highways aforesaid, or other nec- essary improvements, and semi-annually certify the same to the city council, or oftener, if so required by the city council. § 22. It shall be the duty of the respective ward supervisors of streets to be ready at all times to attend to and employ, with the advice oi the city superintendent of streets, such laborers, carts and teams as may be necessary, and aid, assist and direct, with the advice and consent of said city superintendent, all neces- sary repairs, improvements or constructions. § 23. They shall collect in their respective wards the poll tax (when not worked out on streets and alleys) and keep a cor- rect account of all moneys received, and shall pay the same over to the city clerk as fast as the same is collected, and the city clerk shall keep a separate account of the same and credit the same to the several wards from which the same is received, and they shall keep a correct account of the number of days worked and report and certify to the correctness of the same semi-monthly to the city superintendent of streets. They shall also make a report, duly certified to the city council, of the number of days worked and by whom, and of the amount of money received, and from whom, and the receipt of the city clerk for such money so received shall accompany and form a part of said report to the city council. They shall also return all tools and implements belonging to the said city to the said superintendent for all necessary repairs and for safe keeping. § 24. The respective ward superintendents shall, when spe- cial repairs are to be made, report the same to the said city super- intendent, who shall furnish the necessary material and give the necessary directions for the repairs, and see that the same are properly made. § 25. The city superintendent of streets shall examine all reports made to him as aforesaid, and semi-annually certify the same, together with his report, to the city council, and shall also certify to the correctness of all bills in his department presented to the city council for payment. § 26. The city superintendent of streets and the ward super- visors of streets, before they receive pay for their services, shall ORDINANCES OF THE CITY OF DANVILLE* 71 each make out and present to the city council a correct statement of the number of days served, and be sworn to the correctness of the same. § 27. The said city superintendent of streets and ward su- pervisors shall at all times be subject to the control and direction of the committee on streets and alleys, in making repairs and im- provements as aforesaid. § 28. It shall be the duty of the fire warden to superintend and direct the construction of all chimneys and flues within said city, and to require and enforce that the same be built and con- structed in the manner required by ordinance, and every mason, builder, or other person who shall neglect or refuse to obey his instructions or directions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. § 29. The fire warden shall at all reasonable hours of the day have the right and is hereby authorized to enter any building and premises within the city, to examine whether they are in a safe condition, and for the purpose of inspecting the chimneys and flues therein; and whenever he shall find a chimney or flue in an unsafe or dangerous condition he shall notify the owner or occu- pant thereof and require them or either of them to repair, re- plaster, or, if necessary, to tear down the same, and any person or persons who shall neglect or refuse to obey the directions or in- structions of the fire warden shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. § 30. It shall be the duty of the fire warden to enforce or cause to be enforced all ordinances of the city now in force or that may hereafter be in force in said city relating to or in any wise pertaining to the protection of the citizens of said city against the calamities by fire, and for that purpose he shall be ex officio a policeman. § 31. It shall be the duty of the fire warden to report to the city council every month, or often er, if required, the number of chimneys and flues examined, and how many of the same he has caused to be repaired or torn down, and shall perform such other and further duties as the city council may from time to time direct. § 32. The salaries and fees of city officers shall be as fol- lows: The mayor shall receive a salary of three hundred dollars per annum. The aldermen shall each receive two dollars for each and every regular meeting attended, and one dollar each for each and every special meeting attended. The city clerk shall receive as salary six hundred dollars per annum and all fees re- ceived for issuing licenses, and no other fees or perquisites. The city attorney shall receive a salary of three hundred dollars per an- 72 ORDINANCES OF THE CITY OF DANVILLE. nuAfiTKe city treasurer shall receive two per cent, on all moneys by him paid out. The city marshal shall receive eighty dollars per month. The policemen shall each receive sixty dollars per month. The city superintendent of streets shall receive a salary of six hundred dollars per annum. The ward supervisors shall each receive two dollars and twenty-five cents per day for actual services rendered. The surveyor ^and engineer shall receive five dollars per day for actual serv^qgs^ %i\der-ed 7 and be allowed two chainmen when necessary, at one^ol*aV^<*i^ fifty cents each per day. The fire warden shall receive two doftWs and fifty cents per day for each day he shall actually be engaged in the duties of his office, o CHAPTEE XVII. ORDINANCES. Section. 1. Repeal; publication. Sectiok. 10. Prosecutor may choose under dif- 11. Conflict, &c. "Court" defined. Repeal of repealing ordinance. Construction of words. 12. Same. Powers of acting mayor of city : 13. marshal extended to police con- 14. stables. 15, Ordinances liberally construed. Repeal of ordinance ; release from penalty under same. ferent ordinances. Words "reasonable time" explain- ed. Duty of city clerk on passage of ordinances. Same. Ordinances ; when in force. Old ordinances to remain in force. § 1. When any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modify- ing the same, unless it shall be therein otherwise expressly provided. § 2. When the provisions of different ordinances or of the different chapters of any ordinance conflict with or contravene each other, the provisions and requirements of each ordinance or chapter shall prevail as to all subjects, matters and questions, arising out of or embraced within the subject matter thereof. But if different provisions be found in different sections of the same ordinance, the provisions of the section which is last in ORDINANCES OF THE CITY OF DANVILLE. 73 numerical order shall prevail, unless such construction would be repugnant to or inconsistent with the meaning of such ordinance or chapter. § 3. The word "court," when used in any ordinance, shall be construed to mean any court of competent jurisdiction, whether police magistrates' courts, justices of the peace, or courts of re- cord. § 4. No ordinance or part of any ordinance, repealed by any other ordinance, shall be revived by the repeal of the repeal- ing ordinance, unless it shall be therein otherwise expressly provided. § 5. When in any ordinance words importing the singular number are used in reference to any person or subject matter, such words shall be deemed to extend to and embrace several persons, matters or subjects, and words used collectively or im- porting the plural number, shall be deemed to extend to and embrace any singular person, matter or subject, as well as to several j and when any person or subject matter shall be named, referred to or described by words importing the masculine gender, or by general terms, females as well as males shall be deemed included in the meaning and terms thereof, and the words "person" or "persons," or words importing any person or per- sons, shall be deemed to include corporations as well as individ- uals. § 6. The word " month," when used in any ordinance, shall be construed to mean a calendar month, and the word "oath" shall be deemed to include an affirmation, and the word "sworn" to mean sworn or affirmed. § 7. When any duty shall be required of or power vested in the mayor, the same shall be deemed to extend to and embrace, and may be exercised by the acting mayor, or mayor pro tern. also, and when any duty shall be required of or power vested in the city marshal, the same shall be deemed to extend to and em- brace and may be exercised by policemen, unless such construc- tion would be contrary to the terms of the ordinance or in dero- gation of the city charter. § 8. The rules of construction herein prescribed shall apply in all cases, unless it shall be otherwise expressly provided in the ordinance, or unless there be something in the subject matter or context thereof repugnant to such construction, and all general terms, provisions, phrases or expressions used in any ordinance shall be liberally construed, in order that the true meaning and intent of the city council may be carried out. § 9. No fine, forfeiture, penalty, right ; action, suit, debt or other liability whatever, created, instituted, incurred or accrued by or under any ordinance, prior to its repeal or modification, shall be released, discharged, amended or repealed, or in any wise affected by the passage of such repealing or modifying ordinance, (38) 74 ORDINANCES 0E THE CITY Of DANVILLE* but the same may be prosecuted, recovered or enjoyed, or any suit or other proceeding commenced or completed thereon, as fully, and in the same manner in all respects, as if such ordi- nance or part thereof had remained in full force, unless it shall be otherwise expressly provided in the ordinance making such repeal or modification. § 10. When any fine . or penalty shall be imposed by differ- ent ordinances, or sections or clauses of different ordinances, for the same offense, the officer or person prosecuting may choose under which ordinance or section to proceed, and a recovery under the same shall be a bar to any further proceedings Under any other provision for the same offense. § 11. When in any ordinance any act shall be required to be done within a "reasonable time," or upon a "reasonable no- tice," such reasonable time or reasonable notice shall be deemed to mean such time only as may be necessary in the prompt exe- cution of such duty or compliance with such notice. § 12. All ordinances passed by the city council shall be enrolled by the city clerk in the record book of ordinances, and shall be properly indexed by their titles or subjects, and he shall, without delay, cause all ordinances to be published in the news- paper authorized to publish the ordinances of the city, with his certificate under the corporate seal attached that the same is a true and authentic copy of the original ordinance (or ordinances), and that it is printed and published by authority of the city council. He shall procure the affidavit of the printer or the publisher of the newspaper publishing the ordinances of the city of the due publication of such ordinance, and attach the same to the original ordinance, or he may write and attest such affidavit, or any other competent proof of such due publication upon the face of the record of ordinances. § 13. The city clerk shall file and preserve the originals of all ordinances in his office, and he may correct any errors in the numbering of any chapter or section of any ordinance, and insert the proper numbers ) and he may omit words inserted, or supply with brackets words omitted by clerical mistake. He shall at- tend to the printing of all ordinances requiring publication or ordered to be published, and read the proof sheets thereof, and see that they are correctly and properly printed and published. § 14. All ordinances passed by the city council and requir- ing publication, shall be in force from and after due publication thereof, unless it shall be therein otherwise expressly provided. All ordinances or parts of ordinances in conflict with this ordi- nance are hereby repealed. § 15. All ordinances now in force in the city of Danville, and not inconsistent with these, the revised ordinances, shall re- main in force under these ordinances, until altered, modified or ORDINANCES OP THE CITY OF DANVILLE. 75 repealed by the city council, after these, the revised ordinances, shall take effect* CHAPTER XVIIL PEDDLERS. Section. Section. 1. Selling without license ; penalty. 4. Not to enter private dwellings; 2. Peddlers defined. penary; license forfeited; dis* 3. Tax for license to peddlers; mar» ability removed by city council. keting of vegetables, etc., not taxed. § 1» No person shall hawk or peddle merchandise or other articles of .value in the city, without a license therefor, under a penalty of not less than five dollars, and not exceeding one hun- dred dollars for each offense* § 2. All sales of goods or merchandise, or the offering for sale of any goods or merchandise by any person remaining tran- siently in the city, for the purpose of disposing of the same by retail, or by traveling or going about from one place to another, with goods or merchandise, and selling and disposing of the same by retail, or offering to sell and dispose of the same by re- tail, whether in any temporary place of business or otherwise, shall be deemed peddling under the provisions hereof. § 3. For a license to hawk or peddle by foot peddlers, there shall be taxed and collected not less than three dollars for two weeks or less - 9 not less than five dollars for one month or less, and not less than three dollars for each month thereafter. For peddlers using a one-horse vehicle, two dollars and fifty cents per day shall be taxed ; for a two-horse vehicle three dollars per day shall be taxed, and for persons located transiently in a room, five dollars per day shall be taxed. No license shall be required for peddling or vending of or marketing vegetables, fruits, cakes, nuts or other like refreshments. § 4. No peddler shall enter any private dwelling in this city without being admitted into the same, or shall insist upon the showing or sale of his goods or w T ares to any person, alter being told by such person that he or she does not wish to pur- chase the same, or shall otherwise vex or annoy any person, under a penalty of not less than three dollars, and not exceeding one hundred dollars for each offense, and a forfeiture of his license, in the discretion of the city council, or the police magis- trate, or other court before whom conviction may be had; and at no time thereafter shall he be licensed unless, for good cause 76 ORDINANCES OF THE CITY OF DANVILLE. shown, the city council shall remove his disability. CHAPTEE XIX. POLICE DEPARTMENT. Section 1. Secth 20. 8. 10. 11. 12. 13. 14. 15 16. 17. 18. 19. Police department to consist of whom. Policemen; how appointed; duties 21. and liabilities of. "Watchmen; powers and duties of. 22. Bond and oath of policemen and 23. watchmen ; fees. Duties of Mayor. Chief of police ; police stations ; 24. officers to aid each other. Duty of officers ; arrest without process ; committal over night 25. or Sunday. Frequenting of saloons by police- 26. men a misdemeanor. Right of officers to enter suspected 27, places. Powers of police to execute pro- 28. cess Supervisors to make arrests ; when. Party under arrest when intoxi- cated to be confined till sober. Falsely claiming to be an officer ; penalty. Resisting officer or refusing to 31. obey ; penalty. Attempting to rescue or assisting to escape ; or furnishing with in- toxicating liquors ; prisoners ; 32. penalty. Escape of prisoners ; duty of offi- 33. cers to re-arrest ; liable for orig- inal fine. Duty to aid officers ; penalty for neglecting or refusing. Officers neglecting duty ; penalty. Temporary night watch or police- men ; how appointed ; duties and liabilities of ; oath and bond of ; compensation of ; city council to continue or discon- tinue. 29. 30. Suits for fines or penalties ; before whom brought. Statement filed before suit com- menced ; form of. Warrants ; when issued. Arrest without process ; officer to file statement ; same to be dock- eted. Bail ; officer to take ; when ; con- dition of bond ; amount of ; to be filed ; forfeiture of. Officers to attend as witnesses and procure evidence. Witnesses' and jurors' fees ; no costs against city. Malicious prosecution ; complain- ant to pay cost. Prisoners may be compelled to la- bor ; supervisors to receive and receipt for ; credit for labor. Prisoner refusing to labor to be recommitted ; forfeiture for es- cape. Discharge of prisoners. Food to be furnished prisoners while laboring; fees for same to be paid by city ; prisoners to be confined when not laboring. Report of officers having prisoners in charge ; notice of escapes. Fines and other moneys to be paid into the treasury ; police magis- trate to report quarterly ; coun- cil to designate justice before whom suits shall be brought ; when. § 1. The police department of the city shall consist of the mayor, the aldermen and the police magistrate, who shall ex ORDINANCES OF THE CITY OF DANVILLE. 77 officio be members of the police department, the city marshal and such policemen and watchmen as may be appointed by the mayor and city council. § 2. The mayor may annually at the time of appointing the other city officers or at any other time, by and with the advice and consent of the city council, appoint one or more policemen who shall, unless it be otherwise especially provided, possess the same powers, perform the same duties, and be subject to the same liabilities as the city marshal. § 3. The city council may, when deemed expedient, appoint a competent number of watchmen, to continue in office during the pleasure of the city council, and to be subject to removal at any time by the mayor, for good cause. The watchmen shall have and exercise all the powers, perform all the duties, and be subject to all the liabilities incident to the office by law, or such as may be prescribed by ordinance. § 4. Each policeman or watchman shall, before entering upon the duties of his office, take and subscribe the oath required by the city charter of other city officers, and may be required by the city council to execute bond to the city, conditioned as in the case of other city officers, and in such sum and with such securi- ties as they may prescribe by order or resolution. The bond and oath of office shall be filed in the office of the city clerk. Watch- men and policemen shall receive such fees, salary or compensation as may be provided by the city council. § 5. The mayor shall exercise a general supervision and control over the police department, and shall see that the various police officers are prompt and efficient in the discharge of their duties, and he shall, from time to time, take such measures for the preservation of the public peace and good order, and for the prompt and efficient execution of the laws of the state and the ordinances of the city, as may be deemed most expedient and best to accomplish the purpose contemplated. § 6. The city marshal shall be the chief of police, and all policemen and watchmen, except otherwise provided by ordinance, shall be subject to his direction and control. The marshal and each policeman shall have a station in some central location, where he shall attend at all reasonable hours, except when absent on duty: and all police officers shall render prompt and efficient aid to each other in the discharge of their duties. § 7. All members of the police department shall cause ail the ordinances of the city to be observed and enforced, especially within their respective wards or districts. When any violation of law or of any ordinance shall come to the knowledge of any member of the police department, or be reported to him, he shall, without delay, cause the proper complaint to be made before a police magistrate or other competent court, and the proper wit- nesses to be summoned or evidence procured for the successful (39) ORDINANCES OF THE CITf OE DANVILLE, prosecution of the offender. The mayor, or any alderman or police magistrate may, and all other police officers shall, arrest, With or without process, any person who shall be found in the act of violating any ordinance of the city, and commit him for exam- ination, and, if necessary, detain him in custody over night, or over Sunday, or place him in the county jail, city prison or other secure place, until he can be brought before the police magistrate or other competent court. § 8. Ko policeman, while on duty, shall enter any dram shop or place where intoxicating liquors are sold, except to quiet a disturbance or to make an arrest, or when officially called, under a penalty of not less than five dollars, nor more than twenty-five dollars for each offense. § 9. Any police officer shall have authority, upon reasonable ground of suspicion, to enter, peaceably, or if refused or resisted after demand made, by force, any house or other premises in which any person may be suspected to be for unlawful purposes, and may arrest, without process, any person who may be found there- in, guilty or reasonably supposed to be guilty of any criminal act, and detain him in custody as in other cases, until he can be brought before a competent court or magistrate. § 10, Policemen shall have power and authority to serve and execute all process for the apprehension or commitment of all persons charged with the violation of any ordinance of the city, and in all cases arising under the charter or ordinances of the city, in the same manner and with the same powers as the city marshal. § 11. The city supervisor shall have power to arrest, with- out process, in the same manner as police officers, all persons who may be found violating any ordinance in relation to streets, alleys or sidewalks. § 12. In all cases where any person or persons shall here- after be arrested, with or without warrant, for the breach of any ordinance now in force, or that may hereafter be in force, and such person or persons shall at the time of his or her arrest be drunk or intoxicated, the officer making the arrest shall convey the person or persons to the city prison and there detain him or her or them until such person shall be sober > and it shall then be the duty of the officer making the arrest to take such offender before a police magistrate or other court, to be dealt with accord- ing to law and the ordinances of the city* And any officer who shall fail to take such offender before a police magistrate or other court having jurisdiction of the offense charged, shall be suspend- ed from his official duties by the mayor. And the police magis- trate or other court shall also have power and authority to order any person to be detained in custody in the manner and for the time aforesaid, who shall be brought before them charged with ORDINANCES OF THE CITY 0? DANVILLE. 79 the violation or breach of any ordinance) and who at the time of his appearance shall be drunk or intoxicated, § 13. Whoever shall falsely represent himself to be an offi- cer of this city, or shall, without authority, exercise or attempt to exercise any of the powers, duties or functions of any city officer, shall be subject to a penalty of not less than ten dollars, and not exceeding one hundred dollars for each offense. § 14. Whosoever shall willfully hinder, delay, resist or ob« struct any city officer, or any person legally authorized by him, in the discharge of his duty, or shall aid, abet, or encourage any such hindering, delaying, resisting or obstructing, or shall neglect or refuse to obey any lawful order or directions of any such officer, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. § 15. Whoever shall rescue or attempt to rescue, or shall abet or encourage the rescue or escape of any person from the custody of any officer, or other person legally having him in charge ; or shall molest or interfere with any officer or other per* son so legally having any person in custody j or shall aid, abet or encourage the rescue or escape, or the attempt to escape, from any prison of any person legally committed thereto, or shall supply or attempt to supply any such person with any weapon, or with any implement or means of escape, or for attempting to escape, or with any intoxicating liquors, shall, in each case, be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dollars for each offense. § 16. Whenever any person who shall escape from any prison or other place of confinement to which he has been legally committed, or shall escape from any officer or other person hav- ing him in custody, it shall be the duty of the marshal and all police officers to re-arrest, without process, the party so escaping whenever he may be found and re-commit him to prison or de- liver him into the custody of the officer or person from whom he escaped. § 17. Any police officer may call upon any male person above the age of eighteen years, to aid him in the arrest, retak* ing or custody of any person having committed any unlawful act, or to aid in preventing the commission of any unlawful act, and whoever shall neglect or refuse to give such aid and assistance when so required, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. § 18. Any city officer who shall willfully fail, neglect or refuse to perform any duty required of him by the city charter or ordinances of the city, or who shall be guilty of any misfeas- ance, malfeasance or improper conduct in the discharge of any of the duties of his office, shall be subject to a penalty of not less 80 ORDINANCES OF THE CITY OF DANVILLE. than ten dollars, and not exceeding one hundred dollars, and may be removed from office. § 19. Whenever the mayor and the cornmittee on police shall deem it necessary to establish a temporary night watch, or temporarily to increase the number of watchmen or policemen, they may appoint in writing under the corporate seal and signa- ture of the mayor, a suitable number of temporary watchmen or policemen, whose powers, duties and liabilities shall be the same as other watchmen and policemen, and who shall take and sub- scribe the same oath, and may be required to execute bond to the city in like manner. The persons so appointed shall receive such compensation as may be agreed upon, or as may be provided by the city council, and the city council may continue or discontinue the same in its discretion. § 20. All suits or actions for the recovery of any fine, penal- ty or forfeiture arising under the city charter or the ordinances of the city, where the amount sued for in controversy does not exceed two hundred dollars, may be brought before any police magistrate of the city, or before any justice of the peace in the city, designated by the city council. § 21. Before any suit shall be brought in the name of the city by any police magistrate or justice of the peace, for any fine or penalty, the city attorney or other officer prosecuting shall file a statement signed by him, substantially as follows, to-wit : " A. B., to the city of Danville, Dr., to dollars for a violation of the section (or sections) of an ordinance of the city of Danville, entitled (here set forth the title of the ordi- nance) passed on the da}' of 18 — , (or of the city charter as the case may be,) in this, to-wit: that the said A. B., on or about the day of A. D. 18—, before the com- mencement of this suit, did at the city of Danville (or within the jurisdiction of said city), (here state the particular violation or violations complained of, as near as may be, in the language of the ordinance or the city charter). Signed, C. D." § 22. Upon affidavit being made by any person of the violation of any ordinance by any other person, stating the na- ture of the violation, a warrant may be issued for the accused, as in other cases. § 23. No process shall be necessary when the person is legally arrested without warrant and brought before the court, but the officer making the arrest shall, unless waived by the per- son arrested, return a written statement of the cause, time and place of arrest, and a note thereof shall be entered upon the docket of the court, and in all cases the statement required by the thirteenth section thereof shall be made out, signed and filed as therein described. ORDINANCES OF THE CITY OF DANVILLE. 81 § 24. Any person who may be arrested by or in the custody of any officer for the violation of any ordinance of the city, may release himself from custody or imprisonment by entering into bail or recognizance before such officer or before any police mag- istrate, in such amount or with such surety or sureties as may be required of him, and conditioned that he will appear before the police magistrate or court named therein at the time named, and remain and answer the offense with which he stands charged, and await his trial thereon, and not depart the court without leave. The amount of the penalty of the bond or recognizance shall be proportioned to the offense charged, and such bond or recogni- zance shall be filed with the magistrate or court named therein, by the officer taking the same, and if the offender shall fail to appear, or shall otherwise fail to comply with the conditions thereofj the same shall be adjudged forfeited, and suit shall forth- with be brought thereon against the offender and his surety or sureties, for the full amount of the penalty thereof, and judgment shall be rendered by the court for the same and all costs, or for so much of said penalty as may be adjudged just and proper, upon examination of the facts of the case. § 25. All officers making arrests shall attend as witnesses before the police court and shall procure all necessary evidence in their power, and furnish a list of all witnesses to the court or to the city attorney. § 26. Witnesses and jurors attending before any police magistrate in any suit or action for any fine or penalty arising under the ordinances of the city, shall, in case judgment is ob- tained against the offender and collected by him, be entitled to the same fees as in like cases before justices of the peace. Bui* no costs of any kind shall be taxed against or collected of the city. § 27. The city attorney shall not be compelled to bring or prosecute any suit in any case where he and the court may be satisfied that the complaint is instituted maliciously or vexatious- ly, and without any probable cause, and that the interests of the public or of the city will not be subserved thereby. And if any person charged with any offense shall, upon his trial therefor, be acquitted, and it shall satisfactorily appear to the court that the complaint or prosecution was instituted maliciously or vexatiously and without probable cause, judgment may be rendered against the complainant or prosecutor for the costs arising in the case, and execution issued for the collection of the same. § 28. When any person shall be committed b}- any court or police magistrate for the non-payment of any fine or penalty, the city marshal or any policeman may take such person from the county jail or other place of confinement, and deliver him, with a copy of the execution and with the amount of fine and costs, into the custody of the city supervisor, or either of them, or any other person having charge of any of the public works of m 82 ORDINANCES OF THE CITY OF DANVILLE. the city. And the supervisor or other such person shall receive the person so committed into his custody, and receipt for him, and shall enter in a book the amount of the tine and costs, and the number of days which the person will be required to labor to discharge the same, at the rate of two dollars for each day he shall diligently labor. And he shall compel such person to labor upon the streets or alleys and any other public works of the city for ten hours in each day, and shall credit him with two dollars for each day he shall so diligently labor, and shall discharge him when he shall have labored out his fine and costs. § 29. Any person so committed who shall refuse to labor, or who shall conduct himself in a riotous manner, or shall refuse to obey the orders of the supervisor or other person having him in charge, or shall resist him or attempt to escape, shall not be entitled to any credit on his fine, and may be re-committed to the county jail, or other place of confinement, until he shall consent to labor. § 30. Any person committed may at any time pay the amount of the execution and costs, and upon the payment being made, or upon his working out the amount of the fine and costs against him, or otherwise being entitled to his discharge, the marshal, supervisors or other officer or person having him in custody, shall, if required, give him a written discharge and set him at liberty. § 31. The supervisors or other officer or person having any person so committed into his custody, for the purpose of laboring out his fine and the costs, shall furnish him plain, wholesome food, for which he shall be allowed twenty-five cents per meal, to be paid by the city, and he may commit such person to the county jail or other secure place for safe keeping when not laboring, and take him therefrom each day for the purpose of laboring. § 32. The supervisors, the marshal or other officer having such person in custody, shall, from time to time, report to the city council in writing, the names, the amount ot the fine, the manner of discharging the same, and the number of days' labor per- formed; and if any person so committed shall escape, the officer or person having him in custody shall immediately notify the mayor and marshal thereof, giving the marshal a description of such person. § 33. Any police magistrate or other officer collecting fines or moneys on account of the city, shall pay the same into the city treasury as fast as collected. The police magistrate before whom any suit or suits may be brought in the name of the city for the recovery of any fines or penalties, shall, quarterly, on the first Thursday of March, June, September and December in each year, report to the city council a list of all the suits brought in the name of the city since his last report, with the disposition made of each case, the amount of the fine imposed, if any, the ORDINANCES OP THE CITY OP DANVILLE*, 83 name of the officer charged with the collection of the same, by whom, and the amount collected; also the amount collected since his last report upon any judgment, for any tine rendered prior to such report. If any police magistrate shall neglect or refuse to hold a police court at any reasonable time when required, or shall neglect or refuse to pay over any moneys collected by him, or make his quarterly report as is herein required, the city coun- cil may order all suits in the name of the city for the recovery of any tine or penalty, to be brought before some other police mag* istrafe or justice of the peace who shall agree to comply with the requirements hereof, and before whom all suits in the name of the city for the recovery of any fine, forfeiture or penalty shall be brought. If any police magistrate or other officer shall neglect or refuse to pay over any fine, or any moneys collected by him on account of the city, legal proceedings may be com- menced at any time to compel such payment. CHAPTEE XX, POWDERs Section 1. Quantity to be kept ; distance from dwelling, § 1. Whoever shall keep or cause to be kept, or knowingly allow his premises to be used for storing more than twenty-five pounds of powder within the city limits, within one hundred yards of a dwelling or storehouse, shall be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dollars, h4 ORDINANCES OF THE CITY OF DANVILLE, CHAPTEK XXI. RAILROADS. Sectiok. Section. 1. Speed of locomotive or cars not to 3. Railroad companies to station flag- exceed six miles per hour,' fine. men at street crossings. 4. Violations of this ordinance ; pen- 2. No train to stand npon or across alty. streets to exceed five minutes; fine ; train cut and separated. § 1. It shall be unlawful to run, drive, or propel in any manner whatever, along any railroad track, side-track or switch, within the corporate limits of the said city of Danville, any loco- motive engine, railroad passenger car, railroad freight car, or any train or trains of cars, or hand car, at a speed exceeding the rate of six miles per hour. § 2. That it shall be unlawful for any railroad company or railroad corporation, either by itself, its agents, engineers, em- ployes or conductors, or for any conductor or engineer, employed by any railroad company or railroad corporation, to cause or allow any locomotive engine, car or cars, or train of cars to stop in, or across, or remain upon or across the following named streets : South street, Main street, Green street, North street. Vermilion street, Walnut street, Gilbert street, Harmon avenue, Williams street, Eobinson street, Chandler street, Grant street, Oak street, Franklin street, Jackson street, Hazel street, within the corporate limits of the said city of Danville, for a space of time exceeding five minutes: Provided, however, that it shall be lawful for a train of cars to remain across any of the said streets, if the same shall be uncoupled, cut and separated in such a manner as to allow free passage along such streets for teams and foot passengers. § 3. All railroad companies whose track or tracks cross or intersect any of the following named streets in the city of Dan- ville, to-wit : Main street and Vermilion street, and at all street crossings where they shall be required so to do by the mayor of said city, shall station, keep and maintain at all times, at their own expense, at each and every one of said street and railroad crossings, a flagman, w T hose duty it shall be to signal persons trav- eling in the direction of any or either of the crossings aforesaid, and warn them of the approach of any locomotive engine, car or cars, or other impending danger. § 4. Any railroad company or railroad corporation, who shall, by themselves, their agents or employes, violate or fail to observe any of the foregoing provisions of this ordinance, or any agent or employe of any railroad company or railroad corpora- tion or other person who shall violate or fail to observe the same, ORDINANCES OF THE CITY OP DANVILLE. 85 shall, for each violation or failure to observe the same, be fined in a sum of not less than five dollars, nor exceeding two hundred dollars for each offense. CHAPTER XXTI. SEAL. Section* 2. City clerk to prepare commissions, affix corporate seal ; copies of record to be certified under seal; seal not binding on the city. § 1. The corporate seal of the city of Danville shall be of circular shape, with the words, "Corporate Seal of the City op Danville, Illinois, 1867," engraved on the face thereof. § 2. The city clerk shall prepare all commissions or other official documents required to be issued, and affix the corporate seal thereto, and attest or countersign the same. He shall affix the corporate seal to all official acts of the mayor requiring it, and if necessary, attest or countersign the same. He shall certify, under the corporate seal, copies of all records, documents or gapers in his office, when required by any officer or other person, ut in no case shall the impression of the corporate seal be bind- ing upon the city, unless it be authorized by the charter or ordi- nances of the city, and is attested by the signature of the city clerk. Section. 1, Shape ; words on. (41) ORDINANCES OF THE CITY Of* DANVILLE, CHAPTEE XXIII. SHOWS, Section. Section. 1. License required ; proviso. 4. Good order to be kept. 2. Circus, menagerie, etc.; amount 5. Disorderly conduct, penalty ; dis^ taxed for license; side shows orderly conduct, license revoked , not included \ other exhibitions, 6. Penalty for violatisg provisions etc.; amount taxed for license i hereof, proviso. 3. Shows, etc , not otherwise provided for ; amount of license. § 1, It shall not be lawful for &ny person or persons to own, conduct or manage for gain within the city, any theatre, circus, caravan, or other exhibition, show or amusement j or exhibit any natural or artificial curiosities, or panoramic or other show or device of any kind j or give any concert or musical entertainment without a license; provided^ that, for musical parties or concerts and exhibitions ot paintings, or statuary, or for fairs given or made by citizens of this city, or lectures given before any society $ or for any exhibition show or amusement given for any charita- ble or benevolent purpose, no license shall be required. § 2. For a license for the exhibition of any circus, menag- erie or other like exhibition, there shall be taxed and collected not less than twenty-five dollars, and not exceeding fifty dollars, lor two exhibitions or less, and not less than ten dollars for each exhibition thereafter, not including side shows or other exhibi- tions traveling therewith or attached thereto, which shall be taxed for a license not less than five dollars each for each day they shall so exhibit. For a license for any other exhibition, show or amusement, there shall be taxed and collected not less than three dollars for any single exhibition, and not less than two dollars for each exhibition thereafter) provided) that in case any such exhi- bition shall continue for more than one Week, they shall be taxed at the rate of one dollar for each exhibition thereafter. § 3. Whoever shall, for the purpose of gain? set up any show, swing, machine, implement or device of any kind whatever, not otherwise provided for by ordinance, shall be required to obtain a license therefor, and for such license there shall be taxed and collected not less than three dollars, and not more than ten dollars for each day, § 4. Any person giving or conducting any exhibition, show or amusement, shall preserve good order in and about the place of his exhibition or amusement, and it necessary for that purpose, shall employ at his own expense, sufficient police force. § 5. Any person who shall conduct himself in a riotous or disorderly manner at any place of exhibition or amusement, shall ORDINANCES OP THE CITY OP DANVILLE* 87 be subject to a penalty of not less than three dollars, and not ex* ceeding one hundred dollars; and if any person belonging to or connected with any such show or exhibition shall conduct himself in a riotous or disorderly manner, or cause any disturbance or breach of the peace at the place of exhibition, the license of such show or exhibition may be revoked or forfeited in the discretion of the mayor or police magistrate, and no license at any time thereafter shall be granted for such exhibition unless for good cause shown, with the consent of the city council, § 6. If any person shall violate or aid and assist in the viola- tion of any of the foregoing provisions, or neglect or refuse to conform thereto, he shall be subject to a fine of not less than twenty-five dollars, and not exceeding two hundred dollars for each offense. CHAPTER XXIT, SIDEWALKS* Section. Section. 1. Constructed to 'established grade -; 7. Hitching posts; notice ) penalty* or to temporary grade ; kind of 8. Awnings ; covering; extent; height^ material. notice; penalty. 2. Width of sidewalks^ 9> Boxes ; signs ; merchandise not to •3. Ward supervisors to superintend be placed on sidewalk; sales; construction ; removal of otr- penalty. structions. 1(X Receiving or delivering goods $ 4. Private drain ; street gutter ob- penalty. structed ; owner to remove ; no*- 11. Riding, driving wagons, &c, on tice ; penalty.. walk ; penalty. •5. Private drain across sidewalk to 12, Obstructed by snow,, &e, ; penalty, be boxed ; penalty-. 13. Sidewalks to be kept opem 6. Steps ; platform not to extend 14. Falling water ; penalty. more than three feet ; steps to 15. Teams < penalty, upper story suspended ; base^ ment way to be secured by railing; grating; windows; pen* alty. § 1. All sidewalks in the city of Danville shall be laid or otherwise constructed to the established grade $ that, where no grade has been established, the sidewalk shall be laid or other- wise constructed to such temporary grade as may be fixed by the city engineer; and that every sidewalk shall be constructed of such kind of material or materials as the city council shall order. 88 ORDINANCES OF THE CITY OF DANVILLE. § 2. That the width of sidewalks in the said city of Dan- ville shall be as follows, that is to say: Sidewalks which are or may be parts of streets five rods wide, shall be twelve feet in width y sidewalks which are or may be parts of streets four rods wide, shall be ten feet in width j and sidewalks which are or may be parts of streets three rods wide, shall be eight feet in width. § 8. That the ward supervisors shall superintend the con- struction and the repairing of every sidewalk in the said city of Danville, and shall require them to be constructed of the kind of material or materials that may be ordered by the city council, and in the mode hereinafter prescribed) and that they shall have power under the order and direction of the said city council to cause the removal of every obstruction which may be upon any sidewalk, or in any gutter or drain adjacent thereto, as herein- after provided. § 4. That whenever any private drain or street gutter in front of, adjacent to, or upon the premises owned or occupied by any person or persons shall become filled or otherwise obstruc- ted by rubbish, filth or offal, or in any manner whatever, it shall be the duty of such owner or occupant to remove such rubbish, tilth or offal, or other obstruction, and cleanse such drain or street gutter when notified so to do by any member of the city council, city marshal, or any policeman \ and that for each failure or refusal so to do, after being notified as aforesaid, such owner or occupant shall be liable to a penalty of one dollar per daj^ for each and every day such drain shall remain obstructed after such notice. § 5. That whenever any owner or occupant of any premises shall construct or maintain any private drain across any sidewalk, such owner or occupant shall properly and substantially box such private drain where it crosses such sidewalk, and keep in repair the grade of such sidewalk where the same lies contiguous to such drain so boxed as aforesaid ; and that for each failure to comply with the provisions of this section of this ordinance, such owner or occupant shall be liable to a penalty of one dollar for each and every day that the same shall remain after notice from the mayor, any alderman, marshal, policeman or supervisor. § 6. That no steps, platform, cellar-ways, window openings, stairs or the approaches thereto, shall in whole or in . part be built, erected or maintained in or upon any sidewalk, street or alley of said city, or on any part thereof; and any person or persons who shall violate this section shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars, and to a like penalty for each day he may suffer or permit such obstruc- tions or encroachments in or upon the sidewalks, streets or alle}'s fronting or adjoining his premises. This section shall not be con- strued so as to prevent any person or persons from extending their cellars or basements under the sidewalk of said city, or ORDINANCES OF THE CITY OP DANVILLE. 89 placing coal or scuttle holes in the sidewalk to such basements or cellars; provided the grade and width of such sidewalk is not in- fringed or changed, and said coal or scuttle hole protected by secure coverings, and that such lighting of such cellars or base- ments is done in such way as not to interfere with the use by the public of such sidewalk in its full width. § 7. That no hitching post be permitted or allowed upon Main street between Franklin street and the Toledo, Wabash & Western railway track, and none shall be permitted or allowed upon Vermilion street between North street and South street, under a penalty of five dollars, and under a like penalty for every day such hitching posts are allowed to remain within the aforesaid limits after a notice to remove the same by the city supervisor, city marshal or policeman. § 8. That all awnings in the said city of Danville shall be covered with cloth, leather or other light and pliable substance, shall be se- curely attached to the building or buildings and properly supported without posts, by iron or other metallic fastenings and supports, and shall be elevated at least eight feet at the lowest point thereof above the sidewalk, and shall not project over the sidewalk to ex- ceed three-fourths of the width thereof, and that no such awning shall be constructed or repaired, either wholly or in part, of wood, and that any person who shall erect any awning contrary to the provisions hereof or refuse or neglect forthwith to remove any awning or awning posts heretofore or hereafter erected contrary to the provisions hereof, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense, and to the further penalty of five dollars for every day * he shall fail to comply with the notice after the lapse of three days from the service thereof from either the city marshal or any policeman to remove the same. § 9. That no clothing, goods, wares, merchandise, signs, boxes, or other article or thing whatever shall be placed in front of any store, shop, office or other place in said city, on or above the sidewalk, or in or upon any alley, so as to occupy more than three feet next to the buildings or premises on such sidewalk or alley, or of the space above the sidewalk or alley, and such arti- cles or things as may be placed on the sidewalk shall not be more than three feet high above the top of the sidewalk, and all signs, articles or other things that may be hung out or placed above the sidewalk shall be so placed or hung that "the lowest part of such articles or things shall be at least seven feet and six inches above the top of the sidewalk and shall not swing more than three feet from the building, nor shall any owner or occupant of any lot or premises lease the space aforesaid, or permit or allow the same to be used or occupied except for his or their own business; nor shall said space be used for selling any article or thing whatever; and that any person or persons who shall violate the provisions of this (42) 00 ORDINANCES OP THE CITY OE DANVILLE, section shall he liable to a penalty of five dollars for every forty- eight hours the same shall remain after being requested to remove the same by the ward supervisor, city marshal or any policeman. § 10. That all signs extending over or fronting upon any street, alley or sidewalk in the said city of Danville, shall be se- curely fastened to their supports, and that any person or persons owning or having the control of any such sign who shall permit or suffer the same to remain insecurely fastened after notice of the fact by the city marshal or any policeman, shall pay a fine of not less than three dollars, nor more than one hundred dollars for each day he shall permit or suffer the same to so remain. § 11. That no person or persons receiving or delivering goods, wares or merchandise in said city, shall place or keep upon or suffer to be placed or kept upon any sidewalk in said city any goods, wares or merchandise which he or they may be receiving or delivering, without leaving a passage way clear upon each side- - walk where such goods may be, of four feet wide, for the use of foot passengers} and no person or persons receiving or delivering such goods shall suffer the same to be or remain on such sidewalk (subject, nevertheless, to the foregoing restrictions,) for a longer period than twenty-four hours; and any person or persons violat- ing any of the provisions of this section, shall forfeit and pay to said city a sum of not less than three dollars, nor more than ten dollars, and shall be subject to a like penalty for each hotvr the said goods or any part thereof shall remain as aforesaid after notice from the city supervisor, city marshal or policeman to re- move the same. § 12. That no person or persons shall drive, lead, ride, push or draw back any horse, wagon, cart or other vehicle, over any sidewalk, or use, ride or drive any horse, wagon, sled or sleigh thereon, unless it be in crossing the same to go into a yard or lot where no other suitable croising or means of access is provided, under the penalty of not less than one dollar, nor more than ten dollars for each offense. § 13. That whoever shall not keep the sidewalks in front of or adjoining the premises owned or occupied by him and under his control, so as not to be obstructed by snow, dirt, weeds, or other obstructions, shall be subject to a penalty of one dollar and a like penalty for each day he shall not remove such obstruction after notice to do the same by the mayor, the supervisor, any police officer, or any alderman. § 14. That the owner or occupant of any premises within the said city of Danville shall, at all times, keep the sidewalk or sidewalks in front of such premises open and passable for foot passengers and the public generally, passing along the same on foot} and that for each failure so to do, such owner or occupant shall be liable to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. ORDINANCES OF THE CITY OF DANVILLE* 91 § 15. Whoever shall suffer or permit the water falling or draining from any building owned by him or under his control) to spread over the sidewalk in front thereof, shall be subject to a penalty of one dollar, and to a like penalty for each day he shall not remedy the same after notice to do the same by the mayor, the supervisor or any alderman* § 16. Whoever shall fasten or leave any team or beast of burden in such a manner as that the team, the vehicle, the animal, the harness, the lines, or anything belonging thereto, shall be an obstruction to the sidewalk, shall be subject to a penalty of not less than one dollar, and not exceeding ten dollars in each case. CHAPTER XXV. STREETS AND ALLEYS* Section. Section. 1. Permit to obstruct ; penalty. 14* Fuel, etc, ; penally, 2. Removal of buildings ; permit for ; 15. Press of teams ; penalty. penalty. 16. Incumbrance or obstruction ; liable 3. Erection on streets ; penalty ; no- for damages. tice. 17. Buildings encroaching on streets, 4. Failure to remove ) n otice ; pen- etc., not to be rebuilt 5 penalty. alty. 18s Obstructing crossing ; penalty. 5. Duty of officers ; costs cf removal. 19. Feeding or hawking on public 6. Incumbrance ; penalty. square prohibited. 7. Excavation, etc. ; penalty. 20. Labor upon streets ; three days. 8. Premises contiguous to excavation 21. Supervisors to give notice : tools \ enclosed ; penalty ; notice. form of notice. 9. Permit to excavate ; tearing up 22. Eight hours' work ) disorder of streets, etc. ; penalty > supervise laborers ; penalty. ors to repair. 23„ Three dollars and fifty cents to be 10. Change of corners. collected ; pay in ten days ; suit 11. Removing earth ; penalty. by supervisor for five dollars. 12. Ashes, etc. 5 penalty. 13. Street crossing ; live coals ; kind- ling of fire. § 1* Ko builder or other person shall incumber or obstruct any street or alley with building or other like materials, without a written permit from the mayor, nor shall, except in case of urgent necessity and for a short time, incumber or obstruct more than one-third of any street or alley, or one-half of the sidewalk, nor shall such obstruction continue in any case longer than may be necessary in the diligent erection of such building, or the n ORDINANCES OF THE CITY OF DANVILLE. prompt execution of the work. Whoever shall violate any pro- vision of this section shall be subject to a penalty of not less than three dollars, nor more than one hundred dollars for each day he shall continue in violation thereof. § 2. No person shall move or cause to be removed, or aid in removing any building through or across any street or alley with- out a written permit from the mayor, nor shall in removing such building unnecessarily incumber or obstruct any street or alley 7 nor for a longer time than may be necessary in the prompt and diligent removal of such building, under a penalty of not less than ten dollars, and not exceeding one hundred dollars in each case, and an additional penalty of not less than three dollars for each day such building shall unnecessarily remain in any street or alley. § 3. No person shall make or cause to be made any erection or inclosure encroaching in whole or in part upon any street, alley or sidewalk, under a penalty of not less than twenty dollars, and not exceeding one hundred dollars, and an additional penalty of not less than three dollars, and not exceeding one hundred dollars for each day the same shall remain after notice by the mayor, the marshal, the supervisor or any alderman to remove the same. § 4. The owner of any erection or enclosure already erected or placed and encroaching upon any street or alley who shall not remove the same after thirty days' notice by the mayor, the marshal, the supervisor or any alderman, shall be subject to a penalty of not less than ten dollars, nor more than one hundred dollars, and to an additional penalty of three dollars for each day he shall fail to compty with such notice. § 5. The mayor, the marshal, the supervisor or any alder- man shall cause any incumbrance, obstruction, erection or inclosure, in or upon any street, alley or sidewalk, contrary to ordinance, to be removed, and the costs of such removal may be collected oi the person causing such obstruction, with the penalty, m a suit in the name of the city. § 6. Whoever shall place, throw or leave, or cause to be placed, thrown or left, any obstruction or incumbrance not authorized by ordinance in any street or alley, shall be subject to a penalty of not less than three dollars, nor more than one hun- dred dollars, and to an additional penalty of not less than one dollar nor more than ten dollars for each day he shall not remove the same when required by the mayor, the supervisor, any police officer or any alderman. § 7. It shall be unlawful for any person or persons to ex- cavate, sap, strip, undermine, or in any manner dig away any street, alley or highway, or any part of auy street, alley or high- way, and any person or persons who shall excavate, sap, strip, undermine or in any manner dig away any street, alley or high- ORDINANCES OF THE CITY OF DANVILLE. 03 way shall pay a penalty of not less than ten dollars, nor more than one hundred dollars for each offense (the amount of the said penalty to be determined by the amount of damage done and the estimated expense of repairing the same). § 8. Whenever any person or persons shall hereafter ex- cavate, sap, strip, undermine, or in any manner dig away to the depth of four feet or more any premises lying contiguous to or within ten feet of any street, alley or highway, such person or persons shall inclose or cause to be inclosed such premises by a substantial railing or other sufficient barrier, at least four feet in height, and shall keep up such railing barrier as long as such excava- tion shall remain contiguous to any street or alley, and that for each neglect, failure or refusal so to do, such person or persons shall pay a penalty of not less than five dollars, and not more than twenty dollars, and a penalty for each day he shall refuse or neglect to erect the same alter notice from the supervisor, mayor, marshal or policeman. § 9. No person not authorized by ordinance shall make any excavation in any street, alley or sidewalk without a written per- mit from the mayor, under a penalty of not less than three dollars, and not exceeding one hundred dollars. Any person making or causing to be made any excavation or ditch, for any purpose, in any street or alley or sidewalk shall, without any unecessary delay, cause the same to be filled up to the proper level of the street, alley or sidewalk, and shall from time to time, if necessary, con- tinue to repair the same until the earth is completely settled and the surface conforms to the proper level of the street. Any per- son tearing, up any plank or paved street or sidewalk, or bridge or culvert for any purpose, or negligently breaking or injuring the same by the removing of any building over the same shall, without delay, cause such plank or paved street, alley or sidewalk, or bridge or culvert to be repaired and placed in the same condi- tion as before the breaking or injuring thereof. Any person making or causing to be made any excavation or ditch, or tearing up, breaking or injuring any planked or paved street, alley or sidewalk, bridge or culvert, or causing the same to be broken, in- jured or torn up, who shall not comply with the requirements of this section, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars, and the city su- pervisors shall, without delay, cause such filling up or repairs to be made and completed, and the costs thereof may be collected of any person whose duty it was to do the same, and recovered with the penalty or in a separate suit, in the name of the city. § 10. Whoever shall purposely change or remove any stake, post or stone placed or set to designate the corner or line of any lot or land, street or alley, or to show the grade of any street, alley or sidewalk, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. (43) 94 ORDINANCES OF THE CITY OF DANVILLE. § 11. Whoever shall for any private purpose, dig, remove or carry away any earth from any street or alley without the per- mission of the city council, shall be subject to a penalty of not less than one dollar for each load removed or carried away, and any city officer who shall sell or dispose of an}^ earth from any street or alley for his private gain or benefit, shall be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dollars. § 12. Whoever shall throw, place or leave any ashes, dirt, filth or other rubbish in or upon any street, alley or sidewalk, or shall knowingly suffer or permit the same to be thrown, placed or left m or upon any street, alley or sidewalk in front of or adjoining any premises owned or occupied by him, under his control, shafl be subject to a penalty of not less than one dollar, and not exceed- ing one hundred dollars, and to a like penalty for each day the same may remain after notice to remove the same by the mayor, the supervisor, or any police officer, or any alderman. § 13. Whoever shall throw, place or leave any live coals or fire, or make or kindle any fire upon any planked street crossing, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars, and shall likewise be liable for all damages or injury caused thereby and the costs of repair- ing, which may be recovered with the penalty or in a separate suit in the name of the city. § 14. ~No person shall obstruct or incumber any street or alley with merchandise, fuel or other articles or property longer than may be necessary in the diligent removal of the same, under a penalty of not less than one dollar, nor more than ten dollars, and a like penalty for each hour the same shall not be removed after notice to remove the same by the mayor, the supervisor, any police officer or any alderman. §,15. When any street or alley may be obstructed by a press of teams, wagons or animals, the mayor, the supervisor, any police officer or any alderman may give such orders and directions as may be deemed necessary for abating the obstruc- tion ; and whoever shall not obey such orders and directions shall be subject to a penalty of not less than three dollars, and not ex- ceeding one hundred dollars. § 16. Whoever shall place or leave or cause to be placed or left any encroachment, incumbrance or obstruction in or upon any street, alley or sidewalk, shall, in all cases, be liable to the city and to private persons for all damage or injury arising from such encroachment, incumbrance or obstruction. § 17. No fixtures, building, fence or other erection or in- closure extending or encroaching upon any road, street, alley or sidewalk, contrary to ordinance, shall be repaired or rebuilt, under a penalty of not less than ten dollars, and not exceeding one hundred dollars. ORDINANCES OF THE CITY OF DANVILLE, D8 § 18. Whoever shall obstruct any street crossing by un- necessarily stopping thereon with any team, vehicle or animal, so as to incommode persons crossing the same, shall be subject to a penalty of not less than one dollar, and not exceeding ten dollars. § 19. No person or persons shall feed any team, horse or horses, or other animal upon the public square in said city, nor shall stop upon the same with teams, wagons, market-wagons, car- riages or otherwise, for the purpose of marketing, bargaining, bar- tering, trafficking in or hawking any wood, coal, hay, straw, fish, poultry, produce, goods, wares or merchandise, under a penalty of not less than three dollars, nor more than one hundred dollars fot each offense. § 20. Every able-bodied male inhabitant of the city of Dan- ville, above the age of twenty-one years and under the age of fifty years (excepting paupers, idiots, lunatics and such others as are exempt by law), shall be, and is hereby required to labor upon the streets and alleys of the city two and one-half days in each year, when required so to do by the supervisor of the ward in which he resides. § 21. The supervisors of their respective wards shall at least five days previous to the day designated therein for him to appear, deliver, or cause to be delivered or left at the usual place of abode or business of the person so required to labor as afore- said, a written or printed, or partly written and partly printed notice, in which it shall be set forth the number of days he is re- quired to labor on the streets and alleys of the said city, the time and place to attend for the purpose of so laboring, and the tools he shall bring with him to do the same. § 22. Every person who shall in person or by a substitute equally able, appear for the purpose of laboring upon the streets and alleys of the city, shall work at least eight hours each day; and if any person shall spend the time in idleness, be turbulent, or disobey the supervisor, he shall be discharged from such labor, and the balance due, with fifty per cent, advance at the rate of one dollar and fifty cents per da}' for such balance, shall be col- lected by the proper supervisor, who, if necessary, may bring suit therefor in the name of the city, provided that all moneys in anywise collected by supervisors for such labor shall be disbursed within their respective wards on streets and alleys. § 23. In lieu of such services the supervisors are hereby authorized to take, collect and receive the sum of three dollars, and in case any person shall neglect or refuse to appear and per- form such labor as required by the notice given him by the supervisor as herein required, or shall fail or refuse to pay the sum authorized to be taken in lieu thereof within ten days next after the service of said notice, shall be subject to a penalty of five dollars. OKD'INANCES OF THE CITY OF D-ANVHJLE, CHAPTEE XXVI. VEHICLES, Section, Section. 1 . Drayftien to obtain license ? penalty. 8. 2. Tax for license. 3. Merchants, etc., deliver goods, etc., 9, without license. 4. Minor or non-resident cannot ob- 10. tain license ; bond to city ; ap- proved by mayor"; bond sued on in name of city. 11. 5. City clerk to indorse on license number of dray ; number paint- 12. ed on dray j penalty. 8. Charges for dray age. 7. Draymen shall not act in riotous manner; obstruct streets ; pen- alty. § 1. No person or persons shall hire out, keep or use for hire, or cause to be kept or used for hire for the carrying or con- veying of persons, or any article or thing whatever, within the city of Danville, any hackney coach, cab, coach, omnibus, dray, cart, wagon or other vehicle or vehicles, carriage or carriages of any description or name whatever, without a license so to do, un- der a penalty of not less than three dollars, and not exceeding twenty dollars for each offense. § 2. For a license to pursue the occupation or business of carrying goods or property for hire upon a dray, wagon or other like vehicle within the city, there shall be taxed and collected six dollars upon each for six months, and ten dollars for each year. § 3. For wagons or other vehicles kept or used by merchants, lumbermen or other persons for the delivery, without charge, of articles or property sold by them, or for the carrying of their own property, or the accommodation of their own business, or lor the hauling of earth or building material without charge, or for haul- ing without or beyond the city, or by hotel keepers for the deliv- ery, without charge, of the baggage of their guests, or for teams hired by the day or week, or for teams loading or unloading lum- ber from the cars, no license shall be required. § 4. No wagon or dray license shall be issued to any minor or non-resident ot the city. Before any wagon or dray license shall be issued to any person he shall execute bond to the city in the sum of one hundred dollars, with one or more sureties, to be approved b}~ the mayor or mayor pro tern., conditioned that he will promptly deliver all property intrusted to him or to his ser- vants to be carried, and pay all damages caused by the negligence of himself or his servants in the carrying of any property. The Drayman shall not unnecesarily flourish whip, etc. Draymen refusing to carry; pen' alty. Front of premises not to be used as stopping place of draymen ; penalty. City marshal to designate stands for drays, etc. ; penalty. Licensed persons to keep certified; copy of sections 5 and 6, subject to inspection ; penalty ; false co- py ; penalty. ORDINANCES OF THE CITY OP DANVILLE. 97 bond may be sued on in the name of the city by any person dam- aged by a breach of its conditions. § 5. The city clerk shall write in the license and indorse thereon the number or other designation of the dray or other vehicle, and register the same; and the person licensed shall cause such number or designation to be at all times conspicuously and legibly printed or affixed to the outside of the bed or shaft thereof, under a penalty of one dollar for each day such dray or other vehicle may be used without being numbered or designated as is herein required. § 6. Any drayman or other person licensed may charge and receive not exceeding fifteen cents for each load carried the dis- tance of two blocks or less; and beyond two and not exceeding six blocks, twenty-five cents; and beyond six and within the city limits, fifty cents. § 7. No drayman or other person so licensed, or hack or omnibus driver shall, at any road, station or elsewhere, conduct himself in a riotous or disorderly manner, or use indecent, pro- fane or abusive language, or otherwise vex or annoy any traveler or other person, or obstruct any sidewalk, street or alley crossing, street or other passage, under a penalty of not less than three dollars, and not exceeding one hundred dollars in each case. § 8. No owner or driver of any hackney coach, dray, cart, wagon, carriage or other vehicle, while waiting for emploj^ment at any stand, railroad depot or other public place in said city, shall, unnecessarily, snap or flourish his whip, or be guilty of boister- ous or loud talking, under a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. § 9. No drayman or other person so licensed under the pro- visions hereof, shall, when requested, unless actually employed at the time, refuse to carry any article or load, or shall charge any greater sum than is herein specified for the carriage of an}- load, under a penalty of three dollars in each case. § 10. No owner or driver of any wagon, dray or other vehicle shall make a permanent stand or place of stopping in front of any premises, without the consent of the owner or occu- pant of the same, under a penalty of three dollars. § 11. The city marshal shall designate stands for licensed drays or other vehicles, or for omnibuses or carriages belonging to any hotel, upon any street at or adjacent to the railroad depots or stations within the city, while waiting for the arrival or de- parture of passenger trains; and any person who shall occupy any other stand than the one allotted to him, while any passenger train may be standing at any depot or station, shall be subject to a penalty of three dollars. § 12. Each person licensed under the provisions hereof, shall at all times keep a certified copy of the 5th and 6th sections hereof, and shall produce the same for the inspection of any per- (44) 98 ORDINANCES OF THE CITY OF DANVILLE. son employing him who shall demand the same, under a penally of three dollars; and if any such person shall exhibit or produce to any person employing him a false copy thereof, he shall be subject to a penalty of ten dollars. o CHAPTER XXVII. WEIGHER. Section. Section. Weigher to be appointed annually. To keep a book and issue certifi- cates of weight. Selling without weigher's certifi- cate ; penalty ; not to apply to coal dealers. Fees for weighing. Gross weight to be given ; contents of load to be ascertained by weigher ; branding of vehicles ; neglect to pay ; penalty. 6. Vehicles branded ; certificate of weight ; good for one year ; reg- ister of certificates ; twenty-five cents for issuing certificate. 7. Two thousand lbs. a ton of hay. 8. Alteration of certificate ; penalty ; diligence of weigher. § 1. There shall be appointed annually by the mayor, by and with the advice of the city council, one or more city weigh- ers, who shall hold office for one year and until their successors are qualified. § 2. The city weigher shall be in readiness at all reasonable hours, for the purpose of weighing each load, parcel or thing that may be brought to the city scales to be weighed. He shall keep a suitable book in which he shall enter the kind and weight of each load, parcel or thing weighed, and for whom, and the date when weighed, and m case of hay or coal, he shall give a cer- tificate thereof to the person applying for the weighing of such hay or coal, which said certificate shall be given to the purchaser on sale or delivery of the load. § 3. No person shall sell, within the corporate limits of said city, any load of hay, corn, oats or coal, without the same shall have been first weighed by the city weigher, and a certificate given therefor, under a penalty of five dollars in each case. But this section shall not apply to coal dealers engaged in the supply of their regular customers, where such customers shall assent to the delivery of such coal without the same having been weighed. ORDINANCES OP THE CITY OF DANVILLE. 99 § 4. The city weigher shall receive and charge fifteen cents for each load or parcel of hay, corn or oats weighed by him, and ten cents for each load of coal so weighed, to be paid by the person applying therefor. § 5. When the vehicle and load shall be weighed together, the weigher's certificate shall state the gross weight thereof, and upon the sale or delivery of the load, the vehicle, poles and ropes, or other things used in securing the load to the vehicle, shall be weighed and the net weight of the load determined. The weigher shall calculate and enter upon such certificate the quantity of bushels, tons, or parts thereof, contained in the load ; but if the vehicle shall have been before weighed and branded, it shall not be necessary to re-weigh the same ; and for the weighing of each empty vehicle, the weigher shall charge and receive the sum of ten cents. Whoever shall neglect or fail to have his vehicle weighed, after sale or delivery of the load thereof, shall be sub- ject to a penalty of five dollars. § 6. At the request of any person presenting his vehicle at the city scales for weighing and branding, the city weigher shall weigh the same and place upon it his brand, and issue his certifi- cate of the weight thereofj which brand and certificate of the weight thereof shall dispense with the weighing of such vehicle when empty for one year from the date of such certificate. The weigher shall keep a register of all such certificates so issued, the date, the owner's name and the weight of the vehicle, and shall receive the sum of twenty-five cents for the issuing thereof. § 7. A ton of hay shall be computed at two thousand pounds. The quantity of all other articles shall be estimated in accordance with the laws of this State. § 8. Whoever shall alter any certificate of any city weigher, or shall use or attempt to use the same for any other load or parcel than the one for which it was issued j or shall after the weighing and before the sale or delivery of any load or parcel, diminish the quantity thereof, or shall practice or attempt to practice any other fraud or deceit in the weight, sale or delivering of any load or parcel, shall be subject to a penalty of not less than ten dollars, and not exceeding one hundred dollars in each case. And the city weigher shall use diligence in detecting and prosecuting for violation of this ordinance. Passed and approved April 27, a. d. 1876. L. T. DICKASON, Mayor. Attest : A. C. Freeman, City Clerk. SPECIAL LAWS AND ORDINANCES. AN ORDINANCE IN RELATION TO THE DANVILLE GAS LIGHT COxMPANY. Section 1. Section. Exclusive power to manufacture 4. gas, coke, tar; power to sell; used for lighting city, public 5. houses, streets, &c. Power to erect necessary works, buildings, &c. ; power to exca- 6. vate, lay pipes, mains, &c., in any of the streets, alleys, &c. ; repair, remove, &c, pipes and mains ; not to do permanent in- 7. jury or damage to streets, &c. ; premises to be restored to former condition. No excavation or trench to be left open shall exceed fifteen rods in any one street or alley. Company to repair street, alley, &c, to its former condition. Excavation or ditch, &c, left open over night, to be protected by railing and lighted lantern. Committee on streets and alleys ; city council and city engineer to direct the laying of pipes and mains. Violation of ordinance by company, &c. ; penalty. § 1. Be it ordained by the City Council of the City of Danville, That the Danville Gas Light Company, their successors, associates and assigns are bereb} 7 authorized and empowered with full power and authority exclusively to manufacture, sell and dispose of gas, coke and tar made from any and all of the substances from which inflammable gas, coke and. tar can be obtained and be used for the purpose of lighting the city of Danville or the [streets] thereof, and public places or houses therein contained and other places in the vicinity, and to erect and maintain all the necessary works and apparatus therefor. § 2. That said Danville Gas Light Company are hereby em- powered and authorized to build, erect and maintain structures, buildings and apparatus necessary or incident or suitable to their convenience, within the corporate limits of the city, and also with full (45) 102 and exclusive power and authority to excavate and dig and lay pipes, mains or sub-mains for the purpose of conducting gas in any of the streets, avenues, alleys, highways, public grounds, sidewalks or other public places in said city or elsewhere, with full power and authority to maintain the said pipes, mains and sub-mains in any of such streets, avenues, alleys, highwajs, public grounds, sidewalks or other public places in said city or elsewhere, and to repair, remove, change or re-locate such pipes, mains or sub-mains, and to do the digging and excavating instant [incident] thereto at such times and in such manner as said Danville Gas Light Com- pany may deem proper. Provided, always, that said Gas Light Company exercise the rights and powers herein granted in such manner as to do no permanent injury or damage to any such streets, avenues, alleys, highways, public grounds, sidewalks or other public places in said city, and that after they shall have dug or excavated therein, and laid, altered, changed, repaired or re- located any of their pipes, mains or sub-mains therein, they shall restore the premises excavated or dug to its former condition without delay. § o? That the said Danville Gas Light Company, its succes- sors or assigns, shall not allow any excavation, ditch or trench more than fifteen rods in length, in any one street or alley in the said city of Danville, at any one time, to remain open, uncovered, or in any manner exposed. § 4. That whenever the said Danville Gas Light Company, its successors or assigns, shall dig, ditch, trench or excavate any street or alley in the said city of Danville, for the purpose of lay- ing down its pipes, mains or sub-mains, or for any purpose what- ever, it shall be the duty of the said Danville Gas Light Company, its successors or assigns, to immediately repair such street or alley, and to restore and replace the same to a condition equal to that in which the same previously existed. § 5. That should the Danville Gas Light Company, its suc- cessors or assigns, suffer or permit any ditch, trench or excavation to remain open, uncovered, or in any manner exposed during the night, the same shall be protected by a substantial railing or other fiarricade, and by a lighted lantern suspended at each end thereof, and that it shall be unlawful for any ditch, trench or excavation across or over any sidewalk in the said city of Danville to remain open or in any manner exposed during the night time. § 6. That the manner in which the said Danville Gas Light Company, its successors and assigns, shall lay the pipes, mains and sub-mains across any of the sewers or ditches or alleys of the said city of Danville, shall be under the direction of the commit- tee on streets and alleys of the city council, and of the city engi- neer of the said city of Danville. § 7. That for each violation of the provisions of this ordi- nance by the said Danville Gas Light Company, its successors or ORDINANCES OF THE CITY OF DANVILLE. 103 assigns, or by its agents, workmen or employes, the said Danville Gas Light Company , its successors or assigns, shall be liable to and shall pay a penalty of not less than five dollars. Passed and approved August 11, 1870. AN ORDINANCE CONCERNING THE CHICAGO, DANVILLE & VINCENNES RAILWAY COMPANY. Section. Section. 1. Eight of way on Depot street to 3. City not liable to property holders. Chicago, Danville & Vincennes 4. Mayor authorized to enter into Railroad Company. contract with Chicago, Danviile 2. Conditions to be performed ; inter- & Vincennes Railroad Company. section of streets planked be- tween rails. Be it ordained by the City Council of the City of Danville, Section 1. That the right of way over, across and upon Depot street in said city, being the first street east of Jackson street, be and the same is hereby granted unto the Chicago, Danville & Vincennes .Railroad Company, its successors and assigns forever, together with the right to erect, construct, operate and forever maintain its main and side tracks thereon throughout the entire length thereof from Main street to the northern terminus of said street. § 2. That the grant hereinbefore made be and is upon the express condition that the said Chicago, Danville & Vincennes Eailroad Company, its successors and assigns, use said street for the purpose aforesaid so as not to interfere with the passage of teams along or across the same, and that they keep the said main and side tracks planked between rails at the intersection of other streets and alleys with said Depot street the full width of the streets, alleys and sidewalks of said intersecting streets, so as to afford safe and convenient crossings for teams and pedestrians; and also upon condition that said railroad company, its agents, successors and assigns conforms to and obeys all ordinances of said city regulating railroads which are now in force or may here- after be passed. § 8. That the city of Danville shall not, by reason of this grant, become liable for damages to person or persons owning property on said Depot street, by reason of this grant or the using of said street, by the Chicago, Danville & Vincennes Eailroad. 104 ORDINANCES OF THE CITY OF DANVILLE. § 4. That the mayor be and he is hereby authorized and required to enter into a written contract in the name of the said city of Danville with said railroad company, binding the parties respectively to the observance of the terms of this ordinance. Passed and approved May 12, 1871. ■o AN ORDINANCE CONCERNING THE D., U., B. & P. RAILROAD. Section. Section. 1. Permission to D., U. B. & P. Rail- 6. road to construct main track, etc., on streets and alleys. 2. Bridges built and grades completed; bridges to support moving weight of twenty. five tons ; grade raised not to exceed five feet. 7. 3. Obstruction of streets ; company to grade at its own expense ; 8. safe crossings to be maintained. 4. Water courses, etc., to be construct- ed and maintained at company's expense; not to injure private 9. property. 5. Bridges ; crossing of streets and 10. alleys to be kept in repair by company ; bridges extended and widened. Right, of way granted over and upon Davis street, etc. ; travel not to be interfered with ; streets and alleys to be kept in good condition; Clay street; water courses. Oak street, etc. ; right of way upon: conditions. Bond of D., U., B. & P. Railroad Company with city ; approved by city council ; take effect, when. Company to conform to all ordi- nances ; rate of speed ; signals. Grade ; raise of one foot in five. Be it ordained by the City Council of the City of Danville, Section 1. That permission and authority is hereby given to the Danville, Urbana, Bloomington & Pekin Railroad Company to construct, erect, grade and maintain their track with necessary switches, turn-tables and side-tracks, from the point where said railroad crosses the North Fork of the Big Vermilion river, to the point where the same leaves the city on the eastern limits of the same, across the following streets and intermediate alleys; Mill street, Seminary street and allej^ north, Grant street and alley east, Chandler street and alley east, High or Kimber street, Harmon avenue, William street, Gilbert street, Oak street and alley cast, and the street running parallel with the T., W. & W. Railway Company. § 2. At the crossing of Mill street and Seminary street the said railroad company shall, within four weeks from the time ORDINANCES OF THE CITY OF DANVILLE. 105 they commence work on either of said streets, finish and complete the grading of their road at such points, and put up good and sub- stantial bridges of wood or other material, of the width of six- teen feet, to be capable of supporting a moving weight of twenty-five tons, and also build, till up, repair and grade the said streets so that there shall be an easy grade or approach from either end of said bridge, and to carry out the intentions of the city and said company, the said company hereby are permitted to raise the grade ot Mill street not to exceed five and one-half feet, and Seminary street not to exceed four feet above the level of the present street beds at the points crossed. § 3. It shall be the duty of the said company in making the grade of said road across the streets aforesaid to do so with all practicable speed, and they are at no time to obstruct the streets of the city in the inhabited portions of the city, so that wagons, teams or foot passengers shall be obliged to travel more than one square to pass such obstruction. The said company shall, at its own expense, grade the streets over which their track crosses in such a manner that wagons and teams can cross their tracks by an easy grade to and from either side of their tracks, and shall make and at all times maintain good, substantial and safe crossings for general travel for wagons, teams, horses, cattle and foot pass- engers. § 4. That the said company shall at all times maintain and keep up, at their own expense, water ways, ditches, culverts, or other means of conducting water along or across their said track suf- ficient to discharge or carry off all the water that may be carried to their cuts and fills by the streets and alleys of the city, and to so construct their embankments and cuts that such water may be discharged without injury or damage to private property or the streets and alleys of the city. It being one of the conditions of this grant by the city, that the said company shall at all times use, alter, maintain, and keep up at their own expense, such water ways, ditches, culverts, or other means of conducting the water that ma} 7 be collected along their track by their ditches or em- bankments. § 5. That the said company shall at all times at their own expense keep in good and substantial repair the bridges erected and built by them, as well as all the crossings of streets and alle3 T s at this time laid out and opened, and shall repair and keep in good condition the grades by them made on the streets and alleys as aforesaid, and that whenever so required by the city council, shall extend and widen the bridges over their track on Mill and Seminary streets so that the said bridges and grades thereto shall be of the same width of the said streets. § 6. That the right of way is hereby granted to the D., XL, B. & P. Railroad Company, over, upon and along Davis street from the intersection of Oak street to the eastern terminus of (46) 106 ORDINANCES OF THE CITY OF DANVILLE. Davis street, and also over, upon and along Clay street from a point twenty-two rods east of Hazel to the eastern terminus of Clay street, with the right to construct, maintain and use tracks for their railroad over, upon and along the portions of said streets above described forever, on condition that said railroad company shall so construct their track as not to interfere with the travel on said streets, except by the passage of their trains; and also on the further condition that said company shall, in laying their said track on said streets, make and keep such streets always in a good and substantial condition for public travel, use and occupa- tion ; and also on the further condition that all streets and alleys now laid out, intersecting or entering the portions of said Davis and Clay streets used and occupied by said company, shall be so graded that the said Clay street may be entered and approached by an easy and convenient grade ; and also on the further condi- tion that said railroad company shall make and maintain the grade of the portions of Clay and Davis streets the same with the grade of said road, which said grade is hereby established as the grade of such portions of said streets ; and also shall, at their own expense, build, erect, maintain, and keep in repair the neces- sary ditches, water wa} T s, culverts, or other means of conducting water along or across their said track sufficient to discharge or carry off all the water that may be brought to their cuts and fills on said streets by the streets and alleys of the city; and so con- struct their embankments and cuts that such water may be dis- charged without injury or damage to private property or the streets and alleys of the city. § 7. That said railroad company in constructing their said road to Clay, have street permission and authority to construct, erect, grade and maintain their tracks, with necessary switches, turn-tables and side tracks over and across Oak street and alley east; William street, Franklin street and alley east; Walnut street and alley east; Vermilion street and alley east; and Hazel street and alley east; and the streets and alleys east thereof, upon the same conditions on which the said right is granted over and across the streets and alleys west of Oak street. § 8. This ordinance shall not take effect until the said rail- road company shall have entered into a bond with the city of Danuille, to be filed with the city clerk and approved by the city council of said city, conditioned for the payment of any and all costs, expenses, tees, charges and damages for which the said cit} r of Danville may become or be held liable to any person or persons by reason of any act of said railroad company in laying down said track or tracks, or building such bridges or grading the streets and alleys of the city, and also for pertorming the require- ments of this ordinance; and this ordinance shall not take effect until the said company shall have obtained the right of entry upon the premises of private parties adjacent to such streets as ORDINANCES OF THE CITY OF DANVILLE. 107 are hereby allowed to be used by said company, either by agree- ment with such private parties, or by process of condemnation under the statutes. § 9. That the said company shall at all times be liable to f and conform to, all ordinances of said city, in regard to the rate of speed of moving trains, and as to signals on crossing streets or other points, and to all ordinances in relation to railroads now or hereafter to be in force § 10. That wherever the said railroad company shall have occasion to grade any of the streets and alleys of the city, the grade shall not be steeper than a raise of one foot in five. Passed and approved April 20, 1869. o AN ORDINANCE IN RELATION TO THE GRAPE CREEK RAILROAD. Be it ordained by the City Council of the City of Danville, That the Grape Creek Railroad Company, its lessees, successors and as- signs, are hereby authorized and permitted to construct, operate and maintain a single or double railroad track in, upon, and along the west side of Buchanan street in said city, and also across such streets and alleys as the line of said railroad crosses between the southern limits of said city and the railroad cross- ings in said city known as Danville Junction, according as said Grape Creek Railroad has been surveyed and located j however, upon the following terms, conditions, limitations and restrictions, and none others, that is to say : 1st. Said Grape Creek Railroad shall pay all damage incur- ed by any property holder on account of the construction or use of their said railroad in or along said Buchanan street, or on ac- count of the crossing of any streets and alleys of said city, and save and keep said city harmless from all loss, damage, suits or outlay of money or costs on account of or by reason of the con- struction or use of the said railroad in, along or upon said Bu- chanan street, or across the aforesaid streets or alleys. 2d. Said Grape Creek Railroad Company shall immediately grade and fill said Buchanan street the tu 1 width of said street and up to the level of the grade of said railroad track, and said railroad company, its lessees, successors and assigns shall at all times hereafter repair, keep and maintain the grade of said street in its full width up to the level or grade of said railroad track as now 108 ORDINANCES OF THE CITY OF DANVILLE. established, or as the same may be at any future time altered or changed, to the end that teams, vehicles of all descriptions and footmen may have the free use of the east side of said street for passage or travel. 3d. Said Grape Creek Kail road Company, its lessees, suc- cessors or assigns, shall at all times conform to, comply with, and abide by all ordinances now in force, or that may be here- after enacted by the city authorities for the government of rail- roads within said city, and also comply with any requirement which said city council may hereafter enact, under or by virtue of any power conferred on the city council by its special charters, or by the general laws of the state now in force or hereafter passed with respect to said Crape Creek railroad in particular, or for the government of the railroads within the city generally. 4th. Said Crape Creek Railroad, its lessees, successors and assigns, shall permit the Danville & Mattoon Railroad Company, the so called Charleston & Danville Railroad Company, or the Dan- ville, Tuscola & Western Railroad Company, or the lessees, success- ors or assigns of any or either of the said railroad companies, to jointly use and operate, and run their trains upon the track or tracks of the said Crape Creek railroad within the corporate limits of Dan- ville, upon such terms as may be equitable, and, in case of disagree- ment, the compensation and terms of such use of such track or tracks within the city aforesaid shall be fixed by a commission of three arbitators, one to be chosen by said Crape Creek Railroad Com- pany, one to be chosen by the railroad company or companies that may desire to so jointly use such track or tracks, which two commissioners so chosen shall select a third man as commissioner or arbitrator, and after hearing both sides, or giving each com- pany the opportunity to be heard, said commissioners, or a majority of them, shall make their decision in writing, giving to each party in interest a copy of such decision, which shall be final. 5th. That in the event that said railroad company, its les- sees, successors or assigns, shall fail, neglect or refuse to com- ply with any or either of the terms or conditions above set forth, or any part thereof, the city council of the city of Danville hereby reserves the right, and may without notice to any or either of said companies or corporation, person or persons, operating said railroad track or tracks, revoke or repeal this ordinance so far as the same grants permission to use Buchanan street for said track or tracks as aforesaid, or to cross said streets and alleys with said track or tracks as aforesaid, and to require said track or tracks to be taken up and removed from said Bu- chanan street, and from across said streets and alIe3'S. This ordinance to be in full force and effect from and after its due publication. Passed and approved March 4th, A. D. 1875. Attest: A. C. Freeman, City Clerk. T. H. MYERS, Mayor. GENERAL INDEX TO ORDINANCES. THE FIRST COLUMN OF FIGURES REFERS TO THE PAGE — THE SECOND TO THE SECTION. ACCOUNTS — p sec how presented , 7 1 to be certified or sworn to 7 1 ADDITIONS— how made 8 1 must conform to regular bl'ks__ 8 1 streets and alleys of to cor- respond, etc 8 1 violations — penalty 8 1 ANIMALS— horses, jacks, etc., at large a nuisance 9 1 violations — penalty 9 2 cattle at large a nuisance- 9 3 violations — penalty 9 4 cow at large a nuisance, time__ 9 5 violations — penalty 10 6 hog, pig, etc., at large a nui- sance 10 7 violations — penalty 10 8 sheep, goat, geese at large a nuisance 10 9 violations — penalty 10 10 pounds provided 10 11 pound keepers 10 12 police to impound 10 12 neglect of duty by police 10 12 citizens to impound 10 13 (47) p sec duty of pound keepers 11 14 summons to owner of 11 15 duty of police magistrate 11 15 sale of, when 11 15 redemption by owners of 12 16 breaking pounds 12 17 obstructing persons impound- ing 12 18 fees of officers 12 19 pound keepers to report month- ly 12 20 report to magistrate on im- pounding i. 13 21 magistrate to issue summons-.. 13 21 return of summons, time 13 21 judgment 13 21 fees of magistrate 13 22 order of sale of 13 23 copies of notices filed 13 23 AUCTIONS — sale of goods, etc., by licen- sed auctioneers 14 1 amount to be paid forlicense__ 14 1 bond to be given, time 14 1 application for license; how made 14 2 license not transferable nor place of business changed __ 14 2 110 GENERAL INDEX TO ORDINANCES. duties on sales ; to whom and when paid auctioneer to render accounts articles exempt fees and duties of city clerk, sales in streets, etc amount to be paid for license.. harboring minors sale of intoxicating liquors penalty disorderly conduct CEMETERY — dead not buried in old penalty destroying property of. &c DOGS — tax on owner to collar a nuisance, when marshal to impound, &c owner may reclaim fees of marshal, &c fees of clerk muzzled, when destroyed, when bitch in heat, etc fierce and dangerous dogs ELECTIONS — to be held in each ward time of notice of special . judges and clerks of, how ap- marshal to serve notice.. vacancies, how filled oath of judges and clerks. city clerk to provide poll books and blanks hour of opening and closing polls judges to make proclamation, when p sec 1 A 14 3 14 4 14 4 14 15 ! 15 6 1*5 7 15 8 YS, &c. 16 i 16 I 16 2 16 o 16 16 3 16 i 17 J 17 2 17 , 17 2 18 3 18 4 18 5 18 6 18 7 18 8 18 9 18 10 19 11 19 11 19 12 19 13 20 1 20 1 20 1 20 1 20 2 20 2 21 2 21 3 21 4 21 5 21 6 21 7 21 8 22 9 ballot box to be examined, when clerk of to keep poll list name of voter entered on poll list manner of voting ballot, how printed names of candidates on ballot. manner of depositing ballot duty of judges receiving ballot no adjourument of — canvass of votes ballot not counted, when ballots to be strung ballots delivered to city clerk. ballots to be preserved returns, how made form of return returns delivered to clerk, when fees of judges and clerks challengers qualification of voters residence defined affidavit of qualification affidavit of witness oath, by whom ad ministered __ convict disqualified city clerk to notify mayor when when returns are all in meeting of city council to be called ».vhen returns are received city council to canvass returns and declare result _ tie vote, how determined duty of city clerk to notify per- sons elected persons elected qualify in ten days order to be preserved at polls. dram shops to be closed FIRE DEPARTMENT— members of, who council to provide necessary apparatus for repairs of apparatus mayor to exercise supervision over mayor to report quarterly con- cerning mayor to examine companies.. duty of chief engineer bystanders to obey orders police officers to attend fires. _ supervisors to attend fires violations of duty; penalty.. _ organization of fire companies p sec 22 10 22 11 22 11 22 12 22 12 22 13 22 14 22 14 22 15 22 16 23 17 23 18 23 18 23 18 23 19 23 19 23 20 24 21 24 22 24 23 24 24 24 25 25 26 25 27 25 28 25 29 25 29 25 29 25 30 26 31 26 31 26 32 26 33 27 1 27 2 27 2 28 3 28 28 3 28 28 4 28 4 28 5 28 5 28 6 GENERAL INDEX TO ORDINANCES. Ill p sec number of members of fire company 28 6 companies to take charge of apparatus 28 6 apparatus to be kept ready for use 28 6 duty of firemen upon alarm __ 28 7 fire not to be left without or- ders 29 7 apparatus not be used for pri- vate purposes 29 8 penalty for removing or allow- ing to be removed fire ap- paratus 29 8 members of fire company ex- empt from labor, &c. 29 9 names of firemen to be report- ed to mayor 29 9 clerk to keep register of fire- men 29 9 exemption certificate 29 9 buildings torn down to check fire 29 10 bystanders to aid firemen 29 11 hindering, etc., firemen 29 12 disorderly conduct at fires 29 12 thieves at fires to be arrested. 30 12 disorderly persons to be com- mitted for examination 30 13 limits prescribed at fires 30 13 guards appointed at fires 30 14 injuring fire apparatus 30 14 stove pipes, how put up 30 15 stoves, how put up 30 16 chimneys, how built 31 16 violations; penalty 31 16 lighted candle or lamp 31 17 combustable materials not to be allowed to accumulate. 31 18 stoves in shops, how placed 31 18 candles in shops 31 18 lights and fires not to be left in shops 31 18 fires to be secured in transfer- ring 31 19 ashes to be placed in fire proof vessel 32 20 ashes in wooden vessel to be wet 32 20 shavings and trash to be burnt, where and when 32 21 bonfires 32 21 boiling pitch 32 22 fires in buildings 32 23 outdoor fires 32 23 burning out chimneys 32 24 p sec scattering shavings, etc 32 25 spittoons 33 26 fire wardens 33 27 power of wardens and engin- eers to examine buildings. 33 27 duty of wardens to prosecute.. 33 27 dangerous buildings to be abat- ed 33 27 FIRE LIMITS — boundaries 33 1 wooden buildings, not be built in 34 2 buildings, how constructed in. 34 '2 planing mills, &c. in. 34 3 wooden buildings not be moved within 34 4 wooden buildings within not to be repaired, when 34 4 extent of damage to building within, how ascertained __ 35 5 violations of ordinance, punish- ment 35 6 HEALTH DEPARTMENT— duty of mayor in cases of infec- tion 36 1 duty of police 36 2 inmates of infected premises ; duty of; penalty 37 3 mayor to enforce ordinance 37 4 food and medicine provided 37 4 nurses in attendance employed 37 5 LICENSES IN GENERAL — application to mayor for 38 1 applications, how made, and contents of 38 2 time of 38 3 licenses signed and countersign- ed 38 3 date of license 38 3 licenses subject to ordinances- _ 38 4 revocation of 38 4 not assignable 39 5 register of 39 6 duty of city clerk 39 6 fees of city clerk 39 6 form of license 39 7 duty of marshal '. 39 8 LIQUORS — license to sell required 40 1 applications for license to sell to be in writing 41 2 amount to be paid for license to sell 41 2 license not to be granted to non- resident or minor 41 2 bonds required 41 3 112 GENERAL INDEX TO ORDINANCES. p sec applications for license to be made to mayor 41 4 application for license to con- tain, what 41 4 duty of mayor on receipt of application for license 41 5 license to sell, when granted __ 42 6 license to be granted only to party making application _ 42 7 dram shop to be closed Sunday 42 8 duty of marshal and police 43 9 license may be revoked, when. 48 10 dram shop to be closed 10 p m__ 43 11 disorderly house 43 12 drunkenness and gaming for- bidden 43 13 officers to report convictions, _ 43 14 parties in arrears for fines not to receive license 44 15 employing or harboring minors forbidden 44 16 liquor not to be sold or given to habitual drunkard 44 17 license to sell not assignable.. 45 18 one place of business 45 18 license and ordinance to be pos- ted 45 19 permits to druggists 45 20 druggists to apply for permits. 45 21 druggist to keep register 45 22 false statement to druggist 46 23 mayor to present application for permit 46 24 permit, how signed 46 24 subterfuges 46 25 MISDEMEANORS — unlawful assembly, penalty 47 1 assault, penalty 48 2 disturbance or profane language 48 3 allowing unlawful assemblage on premises 48 4 disturbance at night 48 5 carrying weapons ... 48 5 abetting unlawful act 48 6 disturbing religious assembly. 48 7 disturbance on Sabbath 48 8 false alarm 48 9 intoxication 49 10 public indecency 49 11 indecent book 49 12 indecent writing or marking. _ 49 13 indecent exhibition of animals 49 14 gaming and lottery 49 15 gaminghouse 49 16 baudy house 49 17 vagrancy 49 18 p sec billiard rooms, etc., open on Sunday 50 19 play or amusement on Sunday 50 20 place of business open on Sun- day 50 21 cruelty to animals 50 22 destruction to property 50 28 injuring street lamps, etc 51 24 lighting and extinguishingsame 51 25 lamp post 51 26 gas fixtures 51 27 hitching to trees, etc 51 28 injuring trees, etc 51 28 trespassing 51 28 sticking bills 51 29 rapid driving 51 30 loose team 51 81 vehicles passing each other 52 32 discharging fire arms, etc 52 33 selling poison 52 34 open cellar doors, etc 52 35 excavations 53 36 unwholesome provisions 53 37 false measures and weights 53 38 disturbance in night time by boys 53 39 hoops, kites, etc 53 40 rubber slings __ 54 41 throwing stones or missiles or climbing trees 54 42 disturbance generally by boys_ 54 43 trespassing by boys 54 43 idling around depot 54 44 disturbing railroad officers, em- ployes or travelei-s 55 45 jumping on cars in motion 55 46 hackmen and runners at trains 55 47 signs indicating sales of liquor 55 48 drinking in public a nuisance. 56 49 NUISANCES — nuisances defined 57 1 hog pen 58 2 nauseous liquid 58 3 nauseous substance within half a mile 58 4 dead animals. 58 5 removing dead animals 59 6 notice to abate 59 7 duty of officers 59 7 stagnant water 59 8 premises a nuisance, to be re- ported 59 9 mayor to appoint committee.. 60 9 power of council 60 10 copy of ordinance to owner 60 11 notice to non-resident owner. _ 60 11 GENERAL INDEX TO ORDINANCES. 113 p sec unknown owner 60 11 failure of owner 60 12 duty of mayor 60 12 costs of abating 61 13 dilapidated or dangerous build- ing 61 14 buildings to be referred to com- mittee 61 15 council may pass ordinance 61 15 duty of mayor after passage of ordinance 61 16 marshal to serve notice 61 16 notice of publication 62 16 duty of marshal 62 17 costs 62 17 refusal to abate 62 18 building in danger of falling.. 62 19 commissioners to examine 62 20 duty of mayor 63 20 scaffolds ... 63 21 slaughter house, etc. prohibit- ed without permit 63 22 permit, how obtained 63 23 OFFICERS — city council 65 1 city officers 65 1 official oath 66 2 bonds of 66 3 as sureties, not allowed 66 4 attorney to draw bonds, etc 66 4 council may require new bonds of 66 4 commission of 67 5 shall turn over books, etc. to successor 67 5 collections by, paid into treasury 67 6 collections to be reported by__ 67 6 salaries of 67 7 book of, open for inspection 67 8 furnish information 67 8 absence or incompetency of 67 9 vacancy occasioned by absence 68 10 liable for negligence .68 11 substitute appointed, when 68 11 duties of city engineer 68 12 engineer to keep record 68 13 engineer to make surveys 69 14 engineer to fix boundaries and certify 69 151 city clerk to return plats, etc. to engineer 69 16 duty of city supt of streets 69 17 supt. to enforce ordinances 69 18 supt. to have custody of tools. 69 19 streets, etc. to be put in repair ] by supt 69 20 (48) i p sec supt. to keep accounts 70 21 \ supt. to furnish tools, etc 70 21 \ supt. to report to clerk 70 21 t supt. to report to council 70 21 duties of ward supervisors 70 22 [ supervisors to collect poll tax. 70 23 reports of supervisors 70 23 > special repairs by supervisors. 70 24 > city supt. to certify reports 70 25 supt. and supervisors to present i sworn bill 70 26 I repairs, etc. to be under diree- i tion of committee on streets and alleys 71 27 duty of fire warden 71 28 I right of warden to enter build- ings 71 29 i warden to enforce ordinances. 71 30 warden to report 71 31 fees and salaries of 71 32 ORDINANCES— repeal 72 1 conflict of 72 2 different provisions 72 2 the word "court" in, defined. 73 3 repeal of repealing, no revivor 73 4 singular number, gender, etc. 73 5 the word "month" in, constru- ed 73 6 power of acting mayor under. 73 7 power of police under 73 7 rules of construction of 73 8 to be liberally construed 73 8 enforcement of penalty after repeal of 73 9 choice of prosecutor under, diff- erent 74 10 the words " reasonable time " and "reasonable notice" defined in 74 11 duty of clerk on passage of 74 12 to be enrolled 74 12 publication of 74 12 verification of 74 12 originals filed and preserved.. 74 13 corrections of errors in '_ 74 13 when in iorce 74 14 old to remain in force 74 15 PEDDLERS— license of 75 1 definitions of 75 2 license, amount of 75 3 articles exempt from license.. 75 3 not to enter private dwellings. 75 4 POLICE DEPARTMENT— of whom composed 76 1 114 GENERAL INDEX TO ORDINANCES. p sec police, how appointed 77 2 duties and liabilities of police. 77 2 watchmen, appointment of 77 3 powers, duties and liabilities of watchmen 77 3 police and watchmen to take oath and give bond 77 4 fees and salaries of watchmen and police 77 mayor to exercise supervision over 77 o marshal, chief of police 77 6 stations of police 77 6 police to aid each other 77 6 members of to enforce ordin- ances 77 7 arrest without warrant, when_ 78 7 committal over night and Sun- day 78 policemen not to enter dram shop.__ 78 power of officers to enter sus- pected places 78 powers of police 78 10 supervisors may arrest, when_ 78 11 persons intoxicated, to be con- fined 78 12 falsely claiming to be an officer 79 13 resisting an officer, etc 79 14 attempting to rescue, etc 79 15 furnishing prisoners with li- quors. 79 15 escaped prisoners re-arrested. 79 16 aid to officers 79 17 neglect of duty by officers 79 18 temporary policemen and night watch 80 19 suits for fines and penalties, be- fore whom brought 80 20 statement filed before com- mencement of suit 80 21 form of statement 80 21 warrants, when issued 80 22 arrest without process 80 23 bail 81 24 officers to attend as witnesses and procure evidence 81 25 witnesses' and jurors fees 81 26 city not liable for costs 81 26 malicious prosecution 81 27 complainant to pay costs 81 27 prisoner compelled to labor 81 28 supervisors to receive and re- ceipt for prisoners 82 28 prisoner refusing to labor and escape of 82 29 discharge of prisoners supervisors to furnish prisoners with food when at labor __ report of officers having prison- ers in charge fines and other moneys to be paid into the treasury police magistrate to report quarterly power of council to designate justice before whom suit is brought POWDER — quantity to be kept where stored RAILROADS — rate of speed on street crossings flagmen; violations of ordinance relating to SEAL— description of affixed to commissions affixed to official documents, . . affixed to official acts of mayor records and papers to be certi- fied under not binding upon the city, when SHOWS — license required of exempt from license amounts of license required from minor, not otherwise provided for manager to keep order disorderly conduct at, penalty, disorderly person connected with license of, revoked when violations of ordinances in rela- tion to, penalty SIDEWALKS— constructed to grade material of widt h of supervisors to superintend con- struction of removal of obstructions to drains and gutters to be kept open drains across to be boxed steps, platforms, etc., not to ex- tend on more than 3 feet__ coal holes in, secured by iron grating p sec 82 30 82 31 82 32 82 33 82 33 88 33 85 1 85 2 85 2 85 2 88 6 89 6 GENERAL INDEX TO ORDINANCES. 115 P hitching posts on Main and Vermilion streets 89 awnings ; construction of 89 merchandise, etc., not to be placed on 89 signs, etc., overhanging 89 sales on 89 signs extending on, securely fastened 90 passage way upon to be kept open 90 riding or driving upon 90 kept free from obstructions, snow, weeds, etc 90 kept open and passable 90 falling water on 91 obstructions by teams, etc 91 STREETS AND ALLEYS — obstructions of 91 removing buildings through or across 92 encroachments upon 92 owner of encroachments to re- move 92 duty of officers to remove ob- structions 92 incumbrances 92 excavations, etc., of 92 excavations of to be inclosed__ 93 excavations of not to be made without permit 93 • excavations of to be refilled 93 tearing up of, also bridge or culvert, to be repaired 93 supervisors to repair 93 monuments not to be removed. 93 removing earth from ; penalty 94 rubbish, ashes, etc 94 placing or kindling fire on crossing 94 obstructions of by fuel, etc 94 press of teams 94 incumbrance and obstructions of 94 buildings, etc., encroaching upon not to be rebuilt or repair- ed 94 obstructing crossings of 95 feeding or hawking on the pub- lic square 9-3 labor upon 95 supervisors to notify persons to labor on I 95 persons required to labor on to furnish tools 95 9 9 9 i 13 14 15 16 persons required to labor on eight hours per day disorder of laborers on money paid in lieu of labor on refusing to labor on — penalty. VEHICLES — draymen to obtain license amount to be paid forlicense__ merchants, etc., deliver goods without charge, no license minor or non-residents not to have license bond executed before license granted bond, by whom sued on city clerk to number license., dray to be numbered as license charges for drayage conduct of drayman or hack driver profane or abusive language by drayman or hack driver. _ drayman obstructing streets. _ drayman flourishing whips refusal of drayman to' carry article or load extra charge — penalty stopping place by drayman city marshal to designate stands for dray or omnibus licensed persons to keep cer- tificated copy of 5th and 6th sections false copy — penalty 9 WEIGHER— lOj appointed annually to be in readiness at reasonable hours book kept by — kind and weight of each load entered for whom weighed, entered in book certificate of weight issued by. penalty for selling without cer- tificate of fees for weighing _ certificate of to state gross weight net weight determined by vehicles branded not to be re- weighed to brand vehicle when required register of certificates to be kept ton of hay, two thousand 21 i pounds p sec 95 22 95 22 95 23 95 23 Qfi i yo i) z 96 3 96 4 Qfi A t Qft A *± 97 5 97 5 a O 97 7 97 7 f )7 7 97 8 97 9 97 10 97 11 97 11 .97 12 1 9 98 1 98 2 Q8 O a 98 2 98 2 98 3 99 4 99 5 99 5 116 GENERAL INDEX TO ORDINANCES. p seci p sec quantity of articles estimated j alteration of certificate 99 8 by State laws 99 7| diligence by for, violations 99 8 UNIVERSITY OF ILLINOIS-URBANA 3 0112 114128371