' LIBRARY OF THE ' UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAICN hiSIQltiCAL SURVEY '?MS *«!|| alia. liiiii'inaiiii’ Via*.*’ ^liaiiana tailing fiiaiiai'fi. .1 ; ||ii ill. Il'll!??!!?*'?! i §»!•! !! iiiix jiiii.^iii '(■ji.it C|»" ■iik k'linfii) .«i,9r ■iii"-. -■»» it ;n ».;■ iiiiiii »■».•*! 5: giii iiiiiii 15- "y. ■ lifii ii ii..i ii ’*L» ■»i iii iiiSi.* Digitized by the Internet Archive in 2019 with funding from University of Illinois Urbana-Champaign https://archive.org/details/revisedcitychartOOquin f REVISED CITY CHARTER, 9 i ' APPROVED JANUARY 80th, 1857, J^JSTID 0?HE REVISED ORDINANCES, f * s , OF THE CITY OF QUINCY, ILLINOIS REVISED AND PUBLISHED BY AUTHORITY OF THE CITY COUNCIL, Under the supervision of James M. Pitman, Mayor, and A. W. Blakesley, City Clerk. QUINCY: PRINTED AT THE “REPUBJICAN” BOOK AND JOB OFFICE. t \ 1857. ' ■ ♦ . H * - . 3fy‘ fhAr. » 4 CITY CHAETEE. AN ACT to reduce the law Incorporating the City of Quincy and the several acts amendatory thereof into one act y and to amend the same. CHAPTER I. OF BOUNDARIES, "WARDS AND GENERAL POWERS. Section 1. Boundaries of the City. “ 2. General powers, Ac. “ 3. Number of wards, and boundaries. Section 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly , That the dis¬ trict of country in the County of Adams and State of Illinois,. known and described as follows, to-wit: Beginning in the middle of the main channel of the Mississippi river, at a point due west from the north-west corner of section thirty-five, in township one south of the base line of range nine west of the fourth principal meridian, running thence east to said north-west corner of said section thirty-five, • thence east on the north line of said section thirtv-five, and the north line of section thirty-six, in the aforesaid township and range, to the north-east corner of said sec¬ tion thirty-six; thence east on the north line of section thirty- one, in township one south range eight west, two rods; thence south at the aforesaid distance of two. rods east of the east line of the aforesaid section thirty-six, and of the east line of section one and twelve, in township two south of the base line in range nine west of the aforesaid fourth principal meridian, to a point two rods east of the south-east corner of the north 4 CITY CHARTER. half of said section twelve; thence west'to the aforesaid south¬ east corner of the north half of said section twelve; thence wCwt along the south line of the said north half of said sec¬ tion twelve, and the south line of the north half of section eleven, in the last aforesaid township and range, to the south¬ west corner of said north h tlf of section eleven ; thence west to the middle of the main channel of the Mississippi river; • thence up said river, along the middle of the main channel thereof, to the place of beginning, is hereby erected into a City of the name of the City of Quincy. Sec. 2. The inhabitants of said City shall be a corpora¬ tion by the name of the City of Quincy, and by that name sue and be sued, complain and defend in any court, make and use a common seal and alter it at pleasure, and take, hold and purchase, lease and convey, such real and personal or mixed estate, as the purposes of the corporation may require within or without the limits aforesaid. Sec. 3. The City of Quincy shall be divided into six wards. 1. All that part of the City which lies north of Vermont street, and west of 7th street, shall be denominated the first ward. 2. All that part of the City which lies between Vermont street and York street, and w T est of 7th street, shall be de¬ nominated the second ward. 3. All that part of the City which lies south of York street and west of 7th street, shall be denominated the third ward. 4. All that part of the City which lies east of 7th street and south of York street, or the centre line thereof, extended east to the city limits, shall be denominated the fourth ward. 5. All that part of the City which lies between the centre lines of YYrk and Vermont streets, extended to the east line of the city limits, and east of 7th street, shall be denomina¬ ted the fifth ward. 6. All that part of the city limits which lies east of 7th street and north of the centreline of Vermont street, as extended east to the city limits, shall be denominated the sixth ward. CITY CHARTER. 0 Section 1. “ 2 . “ 3. “ 4. “ 5 . “ 6 . “ 8 . « 9. “ 10 . “ 11 . « 12 . " 13. “ 14. “ 15. “ 16. “ 17. « 18. “ 29. “ 20 . “ 21 . a ?9 jLi jLm* “ 23 “ 24. “ 25. “ 26. “ 27. CHAPTER IT. OFFICERS AND THEIR ELECTION. City Council. Cbiet Executive. Qualifications of Mayor. Office how vacated, When tie vote for Mayor, how disposed of. Office of Mayor when contested how disposed of. Vacancy in Mayor’s office how filled. Qualifications of Aldermen. Vacancy when. Returns and contest of members. Quorum. Rules of proceedings, with power to expel members. Journal of proceedings to be kept. Alderman to hold no office, &c. Vacancies how filled. Mayor and Aldermen to take oath. When tie vote for Aldermen how disposed of. Stated meetings. Elections when—notice how given. Mayor and Marshal how elected. Manner of representation of 1st, 2nd and 3d wards, do of 4th, 5th and 6th wards. Divided into classes. Vacancies—election how ordered. Who not qualified to hold office- Elections how conducted. Voters who, and residence defined. y Section 1. The muniipal government of the city shall consist of a City Council, composed of the Mayor and two Aldermen from each ward. Sec. 2. The chief executive of the City shall be a Mayor, who shall be elected by the qualified voters of the City, and shall hold his office for one year, and until his successor shall be elected and qualified. See. 8. No person shall be eligible to the office of Mayor who shall not have been a resident of the City for one year next, preceding his election, or who shall be under twenty-one 6 CITY CHARTER. years of age, or who shall not at the time of his election be a citizen of the United States. Sec. 4. If any Mayor shall, during the time for which he shall have been elected, remove from the city, his office shall be vacated. Sec. 5. When two or more persons shall have an equal number of votes for Mayor, the Judges of election shall certify the same to the City Council, who shall proceed to determine the same by lot, in such manner as may be provided by ordi¬ nance. Sec. 6. Whenever an election of Mayor shall be contested, the City Council shall determine the same in such manner as may be prescribed by ordinance. Sec. 7. Whenever any vacancy shall happen in the office of Mayor, it shall be filled by election. Sec. 8. No person shall be an Alderman unless at the time of his election he shall have resided six months within the limits of the City, and shall be, at the time of his election, twenty-one years of age, and a citizen of the United States. Sec. 9. If any Alderman shall, after his election, remove from the Ward for which he is elected, his office shall be vaca¬ ted. Sec. 10. The City Council shall judge of the qualifica¬ tions, elections, and returns, of their ow T n members, and shall determine all contested elections. Sec. 11. A majority of the City Council shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and compel the attendance of absent members under such penalties as may be prescribed by ordinance. Sec. 12. The City Council shall have power to determine the rule of its proceedings, punish its members for disorderly conduct; and with the concurrence of two-thirds of the mem¬ bers elected, expel a member. Sec. 13. The City Council shall keep a journal of its pro¬ ceedings, and from time to time publish the same, and the yeas CITY CHARTER. 7 and nays, when demanded by any member present, shall be entered on the Journal. Sec. 14. No Alderman shall be appointed to any office under the authority of the City, which shall have been creat ed or the emoluments of which shall have been increased during the time for which he shall have been elected. Sec. 15. All vacancies that shall occur in the Board of Aldermen, shall be filled by election. Sec. 15. The Mayor and each Alderman, before entering upon the duties of their office, shall fcrke and subscribe an oath that they will support the Constitution of the United States, and of this State, and that they will truly perform the duties of their offices to the best of their skill and abilities. Sec. 17. Whenever there shall be a tie in the election of Aldermen, the Judges of election shall certify the same to the Mayor, who shall determine the same by lot in such manner as shall be provided by Ordinance. Sec. 18. There shall be twelve stated meetings of the City Council in each year, at such times and places as may be pre¬ scribed by Ordinance. Sec. 19. An election shall be held in each of the wards of said City, on the third Monday in April in each and every year, at such place as the City Council may appoint, and of which notice shall be given by publishing the same in a public newspaper published in said City, or by posting written or printed notices in three public places in each ward, giving at least ten days notice thereof by the City Clerk, as may be provided by Ordinance by the City Council. Sec. 20. At the annual election there shall be elected by the qualified voters of said City, a Mayor and Marshal, and the person having the highest number of votes in the whole City, for either of said offices, shall be declared duly elected; at the same time the electors in their respective wards, shall vote for one Alderman, and the person receiving the highest number of votes for Alderman, shall be declared duly elected. Sec. 21. The several wards of the City shall be respec" CITY CHARTER. 8 tively represented in the CUy Council by two Aldermen, who shall be residents thereof, and hold their offices respectively for two years from and after their election, and until the election and qualification of their successors; they shall be divided into classes, consisting of one Alderman from each ward, so that one from each ward may be annually elected. The first class shall be elected at the annual election in April next, and be successors to the members of the present City Council, whose offices expire at that time, the second class shall be elec¬ ted, one year thereafter, and succeed those members who are entitled to hold over one year after the next election. The members of each class hereafter elected shall respectively con¬ tinue in office two years. Provided that the Aldermen enti¬ tled to hold over one year from the next annual election, in the third ward, as defined by the Ordinance of said city, under the former Charter, shall be entitled to hold said office and act as Alderman for the third ward, as defined by this act, not¬ withstanding his residence may by this act be changed to the second ward of said City ; and provided f urther, that this sec¬ tion, so far as classes are concerned, shall only apply to the Aldermen of the first, second and third wards of said City. Sec. 22. In the fourth, fifth and sixth wards, there shall be elected at the annual election in April next, two Aldermen for each ward. i Sec. 22. At the meeting of the City Council at which the votes for said annual election shall be opened and canvassed, the Aldermen thus elected shall be divided by lot into two classes, the seats of the first class shall be vacated at the ex¬ piration of the first year, and that of second class at the ex¬ piration of the second year. Sec. 24. Whenever any vacancy shall happen by the death, removal, resignation or otherwise, of any officer elected by the people, such vacancy shall be filled by a new election; and the City Council shall order such new election within ten days after the happening of such vacancy, in such manner as may be prescribed by ordinance. CITY CHARTER. 9 Sec. 25. All citizens of the United States qualified to vote at any election held under this act, shall be qualified to hold any office created by this act, but no person shall be eligible to any office or place, under this, or any other act in relation to said city, who is now, or may hereafter be a defaulter to said city or to the state of Illinois, or any county thereof; and any person shall be considered a defaulter, who has refused or neg¬ lected, or may hereafter refuse or neglect for thirty days after demand, made to account for, and pay over to the party au¬ thorized to receive the same, any public money which may have come into his possession, and if any person holding any such office or place, shall become a defaulter whilst in office, the office or place shall thereupon become vacant. Sec. 26. The manner of conducting and voting at elec¬ tions to be held under this act, the keeping of the poll lists, canvassing of the votes, and certifying the returns shall be the same as nearly as may be, as is now or may hereafter be pro¬ vided by law at general state elections, provided the City coun¬ cil shall have power to regulate elections. Sec. 27. No person shall be entitled to vote at any elec¬ tion under this act, who is not entitled to vote at State elec¬ tions, he shall moreover be an actual resident of the ward in which he votes. Provided that the voter shall be deemed a res¬ ident of the ward in which he is accustomed to lodge ; and if required by any person qualified to vote thereat, shall take the oath prescribed by the State Constitution. 10 CITY CHARTER. CHAPTER III. COLLECTION OE TAXES AND ASSESSMENTS. Section 1. Power to prescribe form of Assessment, &e. “ 2. Power to levy and collect taxes-ordinary revenue. “ 3. School tax. “ 4. Lamp tax. “ 5. Interest tax. “ 0. Power of Collector. 7. Keturn of Collector how disposed of. “ 8. Manner of conducting sales for taxes. *“ 9. Bight of redemption. “ 10. Tax deed how obtained. “ 11. When to be sold to the City. u 12. Tax deeds, evidence of certain facts. Section 1. The couneil shall have power by ordinance to prescribe the form of assessment rolls, and prescribe the duties and define the powers of assessors, provided that assessors shall have the same powers as state assessors. The city coun¬ cil may also make such rules, and give such directions in rela¬ tion to revising, altering, or adding to the rolls as they may deem proper and expedient. Sec. 2. The city council shall have power and authority to levy and collect taxes upon all property, real and personal, within the limits of the city, not exceeding one half per cent, per annum upon the assessed-value thereof, to defray the con¬ tingent and other expenses of the city not herein otherwise -specially provided for, which taxes shall constitute the general fund. Sec. 3. To annually levy and collect a school tax not ex¬ ceeding one-eighth of one per cent, on the dollar on all real and personal estate, to meet the expenses of purchasing ground, for school houses, and buildings and repairing school houses, and supporting and maintaining common schools. Sec. 4. To levy and collect on the real estate in the lamp district or districts, which they shall from time to time create, a sufficient tax to defray three-fourths of the expense of light¬ ing the streets in such district or districts respectively. Sec. 5. To levy and collect an annual tax on the real and 1J CITY CHARTER. personal estate within the limits of the city, sufficient to meet the’interest on all Rail Road Bonds issued by said City here¬ tofore under any act of the Legislature, or which may hereaf¬ ter be issued by authority of any act of the Legislature of the State of Illinois. Sec* 6. The Collector of Taxes in and for the City of Quincy, shall have the same powers in the collection of gen¬ eral or special taxes in said City, as Collectors under the gen-, era! law of the State have, for the collection of the State and County Taxes, provided that the City Council shall have the right to regulate the precise manner in which all taxes levied under this act shall be collected. , Sec. T. Upon the return by the Collector, to the office of the City Clerk, of any real estate list upon which taxes gen¬ eral or special remain due and unpaid, it shall be lawful for the City Council to enter an order on the records of said Council, directing the City Clerk to proceed to advertise and sell the real estate so returned for the taxes so remaining due and unpaid, which advertisement shall be published not less than ten times, in some daily newspaper published in said city, particularly describing the same by figures or otherwise, with the name of the owner, when known, and the amount of taxes and costs due thereon. Said notice shall also contain the time and place of sale. The proceedings may be stopped at any time on the payment of the taxes and costs due there¬ on at the time of making payment. Sec. 8. All sales shall be conducted in the manner requir¬ ed by law, but the City Council shall have power to prescribe the manner of conducting the same. The sale shall be made for the smallest portion of ground, to be taken off the east side of said lots, extending the whole length thereof. Provi¬ ded said lots have a northerly or southerly front, and from the north side, extending the whole length thereof, should said lots have an easterly or westerly front. The City Clerk, shall be entitled to such fees for selling as may be provided bv 12 CITY CHARTER. ordinance, and shall keep a record of such sales, which shall be open to public inspection at all reasonable times. Sec. 9. The same rights of redemption from all sales for taxes, whether general or special, made under this act, shall exist and to the same extent as under the general laws of the State now in force, or that may hereafter be passed; the re¬ demption money shall be paid to the City Clerk, and by him be accounted for as may be provided for by ordinance. Sec. 10. No purchaser, of real estate at a sale for taxes under this act, shall be entitled to a tax-title deed until he shall have filed with the City Clerk the same evidences as are required to procure a tax-title deed from Sheriffs for sales made for State taxes; upon the filing of said evidences with the City Clerk, he shall execute to said purchaser, or his assigns, a deed conveying the premises so sold and unredeemed. Sec. 11. If at any sale of real or personal estate, for taxes, or assessments, no bid shall be made for any parcel of land or any goods and chattels, the same shall be struck off to the city, and thereupon the city shall receive, in the corporate name, a certificate of the sale thereof, and shall be vested with the same rights as other purchasers at such sales Sec. 12. All deeds mace to purchasers of lots sold for taxes or assessments by order of the Council, shall b eprima facia evidence in all controversies and suits in relation to */ the right of the purchaser, his or her heirs or assigns to the premises thereby conveyed, of the following facts : 1st, that the land or lot conveyed was subject to taxation or assessment at the time the same was advertised for sale, and had been listed and assessed in'the time and manner required t by law. 2nd, that the taxes or assessments were not paid at any time before the sale. 3d, that the land conveyed has not been re¬ deemed from the sale at the date of the deed, and shall be con¬ clusive evidence of the following facts: 1st, that the land or lot was advertised for sale in the manner and for the length of time required by law. 2nd, that the land was sold for taxes or assessments as stated ir the deed. 3d, that the grantee in CITY CHARTER. L o the deed tv as the purchaser. 4th, that the sale was conducted in the manner required by law, and in all controversies and suits involving the title to land claimed and held under and-bv virtue of such deed, the person or persons claiming title ad¬ verse to the title conveyed by such deed shall be required to prove in order to defeat the said title either that the land was not subject to taxation at the date of the sale ; that the taxes or assessments had been paid, that the land had never been listed and assessed for taxation' and assessment, or that the same had been redeemed according to the provisions of thi. act, and that such redemption was made for the use and bene fit of the persons having the right of redemption under th( laws of this State, but no persons shall be permitted to ques . tion the title acquired by the said deed, without first showing that he, she or they, or the person under whom he, she or the}' claim title, had title to the land at the time of the sale, or that the title was obtained from the United States, or this State, after the sale, and that all taxes due upon the lands had been paid by such persons, or the person under whom he claims title as aforesaid. 14 CITY CHARTER. CHAPTER IV. OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL. Section 1. Power to appoint officers and elect printer. “ 2. Bond and oath required. “ 3. Regulate schools and borrow money. « 4. Provide for paying debts of the city. « 5. Make quarantine laws, &c. “ 6. Establish hospitals. “ 7. Power to compel abatement of nuisance. “ 8. Prohibit awnings. “ 9. Refusal to remove nuisance, fine, &c. “ 10. Fill where standing water is nuisance, and levy and collect tax to defray the same. « 11. To control cars drawn by steam, and prohibit Rail Roads from storage business. “ 12. Special tax for side walks. “ 13. Power to open and lay out streets, &c. “ 14. Power to purchase for streets, &c. “ 15. Power to appoint Commissioner—manner of notice to be given and how. “ 16. When appointed—Clerk to give notice of. “ 17. Commissioners to be sworn. “ 18. Damages—how assessed—power of Commissioners. “ 19. Filing of report, Clerk to give notice of. “ 20. Appeal how taken. “21. Who to be defendant. “ 22. Appealswhen to be advertised by Circuit Clerk. “ 23. Notice of Circuit Clerk to City Clerk. “ 24. Failure to prosecute, how disposed of. “ 25. Trial by Jury, &c. “ 26. Judgment, how rendered. “ 27. Proceedings in court. “ 28. Payments, how made. “ 29. Report of Commissioners, evidence. " 30. City Clerk to procure copy of advertisement. “ 31. Three Commissioners may act. “ 32. Commissioner’s fee. “ 33. Power of over streets. “ 34. Control of side walks. “ 35. Wharfage to collect. “ 36. Erect and regulate Wharves and wharfage. / CITY CHARTER, 15 u u 37. » 38. “ 39. “ 40. “ 41. “ 42. “ 43. “ 44. “ 45. 46. 47. 48. 49. 50. « 51. « 52. “ 53. “ 54. “ 55. “ 56. « 57. “ 58. “ 59. “ 60. “ 61. “ 62. “ 63. « 64. « 65/ “ 66 . Weights and Measures. Inspection of lumber—measurements, &c, “ Coal, Wood, &c. “ Flour, &c. “ Butter, &c. “ Bread, &c. “ Bricks. To take census. • To elect and remove City Officers. Compensation to fix. Regulate the police and fines. Regulate Ferries. Bridges. Wards to form. Lamp posts, &c. Watchmen and Police. Market Houses, &c. Regulate Butchers. it it it it Auctioneers, Groceries, &c. Omnibusses, &c. Porters. Theatres. Tippling Houses. Gunpowder. Partition Fences. Improve River. Erect buildings. Erect Bridewell, or House of Correction. Fines'worked on the streets. Power to arrest destitute children. “ 67. Quincy and Palmyra Rail Road, manner of making subscrip¬ tion to. Power to make ordinances. Style of ordinances. Ordinances to be published. Ordinances how proven. Section 1 . The City Council shall have power to appoint a Clerk, Treasurer, Assessor or Assessors, Street Commission¬ er or Commissioners, Police Constable, a Chief and Assistant Engineers of the Fire Department, and all such other officers as they may deem necessary, and shall also designate one pub- “ 68 . “ 69. “ 70. “ 71. I CITY CHARTER. 16. lie newspaper printed in said city, in which shall be published all ordinances and other matters required in any case by this act. 0 Sec. 2. The City Council shall have power to require of all officers elected under this act, and of all officers appointed in pursuance thereof, bond with penalty and security, for the faithful performance of their respective duties, as may be deemed expedient, and also to require all officers as aforesaid, to take an oath for the faithful performance of the duties of their respective offices, before entering upon the discharge of the same. Sec. 3. To establish, support and regulate common schools, to borrow money on the credit of the city, provided that no sum or sums of money shall be borrowed at a greater interest than six per cent, per annum. Sec. 4. To appropriate money and provide for the pay¬ ment of the debt and expenses of the city. Sec. 5. To make regulations to prevent the introduction of contagious diseases into the city, and to make quarantine laws for that purpose, and enforce the same within five miles of the city. Sec. 6. To establish hospitals, and make regulations for the government of the same. Sec. 7. The City Council shall have power to compel the owner or occupant of any cellar, tallow chandler’s shop, soap factory, tannery, stable, barn, privy, sewer, or other unwhole¬ some nauseous house or place, to cleanse, remove or abate the same from time to time as often as may be necessary for the health, comfort and convenience of the inhabitants of said city. Sec. 8. To prohibit the erection of awnings or sheds, and direct and control the erection thereof. Sec. 9. To abate and remove nuisances, and punish the au¬ thors thereof by penalties, fine and imprisonment, and to define and declare what shall be deemed nuisances, and authorize and direct the summary abatement thereof. 17 ¥ CITY CHARTER Sec. 10. To till up any place whereon standing water may be found, which may have been declared a nuisance by the said Council, to fill up, drain, cleanse, alter, relay, repair, and regu¬ late any grounds, yards, barns, slips, cellars, private drains, sinks and privies, direct and regulate their construction, and cause the expenses to be assessed and collected in the same manner as side walk assessments. # Sec. 11. To regulate and prohibit the use of locomotive en¬ gines within the city, and may require the cars to be used there¬ on to be drawn or propelled by other power than that of steam; to direct and control the location of rail road tracks and depot grounds, and prohibit rail road companies from doing storage and warehouse business, or collecting pay for storage. Sec. 12. The City Council of said city shall have power by ordinance to levy and collect a special tax on the owner or owners of the lot or lots, on any street, lane, avenue or alley within said city, for the purpose of grading or paving the side walks in front of their respective lots, and keeping the said side walks in repair, and for the purpose of lighting such street, lane, avenue or alley. Sec. 13. The City Council of the said City of Quincy shall have power and authority to lay out, establish, open, enclose, improve and keep in repair public squares or grounds; to lay out, open, alter, abolish, widen, extend, establish, grade, pave, improve and keep in repair streets, lanes, avenues and alleys and to lay out, open, establish, enlarge, extend, alter, change, abolish, improve regulate and Keep in repair public landings, wherever they may deem proper within the limits of said city. Sec.' 14. The said Council shall also have power and au¬ thority to purchase all or any lands which may be required for any of the purposes in the last preceding section of this act mentioned, if able to agree with the owner or owners there¬ of, and to take and appropriate the lands thus purchased and any other suitable lands belonging to said city, which may not at the time" of such appropriation, be appropriated by said city to some other public use, for any of the purposes afore- 2 i CITY CHARTER. 18 said for which lands may be required, and the said council shall also have power and authority to take and appropriate for any of the purposes aforesaid, for which lands may be re¬ quired, all lands thus required not having been purchased as aforesaid, nor belonging to said city in the manner hereinafter specified. All lands so purchased as hereinbefore provided, shall be conveyed to said city by deed, or deeds, good and suf¬ ficient for that purpose; and all of the estate, right, title and interest of each of the vendors of such lands shall, from the time the same shall be conveyed as aforesaid, vest in said city absolutely. Sec. 15. Whenever the said Council shall have determin¬ ed by an order duly entered of record to do any of the things in the foregoing section, for which land may be required, and what land they will take and appropriate for such purpose or purposes, they shall cause a plat or map of such land to be made by some competent surveyor, and filed in the office of the Clerk of said City; and when any person or persons other V than said city shall have any interest in said land, the City Council of said city, without any unreasonable delay after the making of such order, shall appoint five disinterested freehold¬ ers, residents of said city, as commissioners to assess the com¬ pensation to be paid by said city to each and every person having an interest in said land, for his or her interest in the same. The City Clerk having first given notice to all persons interested, that they would appoint such commissioners, and of the time and place, which shall be within said city, when and where such appointment will be made, and of the land to be appropriated, and the purpose or purposes for which the same is to be appropriated, by an advertisement published in ten successive numbers of some daily newspaper published in said city, the first publication whereof shall be at least 'fifteen days previous to the time fixed upon for such appointment. All persons interested in the land to be appropriated, may ap¬ pear before the Council at the time and place fixed upon for CITY CHARTER. 19 the appointment of commissioners, and be • heard relative to their appointment. Sec. 16. Upon the appointment of Commissioners as here¬ inbefore provided, the City Council shall make an order defin¬ ing the time N and place, when and where said commissioners shall meet, whereupon the Clerk of said city shall give notice to all persons interested, of the appointment of the commis¬ sioners therein mentioned, the purpose for which they are ap¬ pointed, the land to be appropriated, and the purpose or pur~ poses for wjiich the same is to be appropriated, and of the time and place in such instrument fixed upon for the commis¬ sioners to meet for the purpose of entering upon the duties of their appointment, to be published in ten successive numbers of some daily newspaper, published in said city, the first pub¬ lication whereof shall be at least fifteen days previous to the time fixed upon for said commissioners to meet; and before the time for such meeting said Clerk shall deliver to said com¬ missioners a notice of their appointment, and a transcript of said order, duly certified by him to be such under the seal of said city. Sec. IT. Commissioners appointed as hereinbefore provi¬ ded, shall, before entering upon the duties of their appoint¬ ment, be sworn before some person authorized to administer oaths, that they will fairly and impartially perform the duties required of them as commissioners, according to the best of their judgment, understanding and ability, and they shall meet at the time and place in the order set forth, and proceed with¬ out any unnecessary delay in the performance of their duties, until the same shall be completed. Sec. 18. Said commissioners shall inquire into, and to the best of their ability ascertain the damages each person having an interest in the land to be appropriated will sustain, and the benefits he or she will derive from or on account of the appro¬ priation and use determined upon or contemplated by said council being made, regarding in such case the land or lands 20 cm' cii a ktek. required us being worth what would be the cash value oi‘ the same, if no such appropriation and use had been contemplated, and no more, and disregarding all benefits any person may de¬ rive in common with others whose land or lands shall not be required ; and in each case where the damages to be ascertain¬ ed shall exceed the benefits to be ascertained, said commission¬ ers shall assess as the compensation to be paid by said city to the person interested for his or her interest in said land the amount such damages shall exceed such benefits, or if the ben¬ efit be greater than the damages in either case tfie commission¬ ers shall strike a balance, and carry the difference forward to another column, so that the assessment may show what amount is to be received or paid by such owners respec¬ tively, and the difference only shall, in any case, be collectable of them ; and said commissioners shall make a report in writ¬ ing under their hands, designating the land to be appropriated and the purpose or purposes for which the same is to be appro¬ priated, and the respective amounts which shall have been so assessed by them as aforesaid, and the persons respectively en¬ titled to the same; which report they shall immediately on the same being made, file in the office of the Clerk of said city. Said commissioners in performing their duties, shall have pow¬ er to adjourn from time to time, and they shall also have pow¬ er, and it shall be their duty to view and inspect the land to be appropriated, to hear such suggestions, evidence and argu¬ ment as may be offered by the Mayor, or any attorney or agent of said city, or any person interested hi such land, and to swear or affirm all witnesses who may be brought before them to testify, and to issue summons for, and by compulsory pro¬ cess compel the attendance of all witnesses who may be desir¬ ed for such purpose. Sec. 19. The Clerk of said city, upon the report of com¬ missioners appointed under the provisions of this act, being filed in his office, shall give notice thereof and of the time of filing the same, the assessments therein mentioned, the land CITY CHARTER. 21 to bo appropriated and the purpose or purposes for which the same is to be appropriated, by an advertisement to be publish¬ ed in ten successive numbers of some daily newspaper publish¬ ed in said city, the first publication whereof shall be within live days after the filing of said report, and said Clerk shall deliver a copy of all such reports to any party or person de¬ manding the same, as soon as practicable after demand made. Sec. 20. An appeal may be taken to the circuit court of Adams county, from any assessment of the commissioners either by 'said city of’ any person in whose favor such assessment shall have been made, or his or her legal representatives, and an ap¬ peal may be taken to said court from the report of commis¬ sioners by any person interested in the land to be appropria¬ ted, at the time of such report being filed, in whose favor no assessment shall have been made, or his or her legal represen¬ tatives ; but no appeal from the report of the commissioners, or any assessment therein mentioned, shall be allowed unless the party entitled thereto shall, within twenty days from the filing of the report of the commissioners, cause a good and sufficient bond of some resident of said county, to be filed in the office of the Clerk of said court, payable if the appeal be taken by said city, to the people of the State of Illinois, for the use of the person or persons entitled to the assessment ap¬ pealed from; and in all other cases to said city, and all such appeal bonds shall be in the penalty of five hundred dollars, and conditioned in substance that the party appealing shall prosecute the appeal taken without delay, and pay all costs which may be adjudged against such party upon dismissal or trial of such appeal. Sec. 21. In all appeals herein provided for, said city shall be defendant, and the person or persons appealing, if other than said city, plaintiff or plaintiffs. When the appeal shall be taken by said city, the person in whose favor the assess¬ ment appealed from is made, shall be named as plaintiff, and so treated and regarded until the appeal is finally disposed of; 22 CITY CHARTER. unless during the pendency of such appeal the legal represen¬ tatives of such person shall be made plaintiff or plaintiffs as hereinafter provided. And whenever the court shall be satis¬ fied of the death of any plaintiff in appeal during the penden¬ cy of the appeal, and who the legal representatives of such plaintiff are, it shall, by an order to be entered of record, sub¬ stitute such legal representatives as plaintiff or plaintiffs in the place of such plaintiff. Whenever the court shall be sat- • isfied that the person named as plaintiff in any appeal taken by said city, died after the filing of the report of the commis¬ sioners, and before the filing of the appeal bond, and who the legal representatives of such person are, it shall, by an order to be entered of record, substitute such legal representatives as plaintiff or plaintiffs in the place of such person. Sec. 22 . All appeals herein provided for, shall be placed on the law docket of said court, the same as other cases in law, and the Clerk of said court shall in each case of appeal taken by said city, without any unnecessary delay, after the filing of the transcript in the next section of this act mentioned, give notice thereof, and of the parties thereto, in what court the same is pending, and the land to be appropriated, by an advertisement to be published once each week for four weeks in succession, in some weekly newspaper published in said city; and at the first term of said court after the expiration of forty days from the first publication of such notice, the plaintiff in such appeal shall, for all purposes, be treated and considered in court. No notice of appeal taken to said court by any other person or persons than said city, shall be required to be given, but said city, as well as the plaintiff or plaintiffs in such ap¬ peal, shall be considered as in court for all purposes at the first term thereof, after the expiration of five days from the time of filing the appealJbond. Sec. 23. Whenevernn appeal shall be taken to said court, either from the report of the commissioners or any assessment therein mentioned, the Clerk^of said^city, upon notice being CITY, CHARTER. 23 given him by the Clerk of said court, provided the Clerk of said court shall give said notice within twenty-four hours after the filing of said appeal bond, shall file a transcript, of said order of said council, the instrument of the appointment of the commissioners and the report of the commissioners, certi¬ fied by him to be such under the seal of said city, in the office of the Clerk of said court. When five days shall intervene between the filing of the appeal bond in any such appeal and the commencement of the next term of said court thereafter, it shall be the duty of the Clerk of said city to so file such transcript on ©r before the first day of the next term of said court, and in all other cases it shall be his duty to so file such transcript on or before the first day of the second term of said court, which may be held after the filing of such bond. Sec. 24. Whenever the plaintiff or plaintiffs in any aj>peal hereinbefore provided for, shall fail or neglect to prosecute any such appeal taken by him, her or them, or the person or per¬ sons he, she or they may represent in such appeal, the Same shall be dismissed, and judgment rendered by the court against such plaintiff or plaintiffs for the cost of said city, expended in such appeal. And when said city shall fail or neglect to prosecute any such appeal taken by it, the same shall be dis¬ missed, and judgment rendered against it for the costs of the plaintiff or plaintiffs in such appeal. Sec. 24. The trial of appeal to said court herein authori¬ zed shall be by jury, as in ordinary cases, unless the parties waive a jury and consent to be tried by the court, in which case the trial shall be by the court. In case of trials by jury the jury shall swear or affirm that they will well and truly try the cases according to the law and the evidence. Every such appeal shall present for trial as to each and every plaintiff in the case, the question whether he or she is entitled to any com¬ pensation, to be paid by said city, for any interest in the land to be appropriated, and if so, how much; and in determining this question the court or jury, as the case may be, shall so far 24 CITY CHARTER. as the same are applicable, be governed by the rules hereinbe¬ fore provided for the government of commissioners in assess¬ ing compensation. When the cause is tried by a jury, their verdict may be returned orally or in writing, and in all cashes the court shall cause the same to be reduced to proper form so as to express truly and fully the findings of the jury—verdicts of juries and findings of the court in cases under this act shall be truly and fully recorded. Sec. 26. A judgment shall be rendered by the court upon every verdict of the jury or finding of the court in cases under this act—that the interest of each and every plaintiff in in¬ terest in the land so appropriated vest in said city to be appro¬ priated and used for the purpose or purposes determined upon by said council, upon the payment by the said city of the as¬ sessment or assessments in the verdict of finding mentioned : and all such judgments shall be conclusive as to all plaintiffs upon the payment of the assessment therein mentioned, in the manner hereinafter provided. The costs which arise or grow out of appeals tried, may be apportioned and judgment render¬ ed therefor, as to the court may seem just and proper. Sec. 27. The proceedings in court under the provisions of this act, except as is otherwise herein provided, shall be the same as in appeal from Justice of the Peace, so far as applicable, and the court shall have power and authority to make all rules and orders necessary and proper for a full and fair trial of the question involved. Sec. 28. Payments of compensation assessed under and by virtue of the provisions of this act, whether by the com¬ missioners or in court on appeal, may be made to parties la¬ boring under no disability, in whose favor the assessments were made, to guardians of infants, husbands or trustees of femme covert , and conservators of insane persons, and a receipt for such payment shall operate as a confirmation of the proceed¬ ings, and shall stop the parties in interest from all further claims or proceedings in the premises. Payments to persons resid- CITY CHARTER, 25 ing out of this State, as well as to infants without guardians, and insane persons without conservators residing within the same, may be made by depositing the money in the treasury of Adams county, and the receipts of parties entitled to mon¬ ey so deposited shall operate in like manner as for receipts for money paid to parties herein provided : Provided , that if any person shall refuse to receive money when tendered, payment may in such case be made by depositing the amount in said treasury, and all receipts for money paid and certificates for money deposited as above provided, shall be filed in the office of the Clerk of said city. Sec. 29. Reports of commissioners shall be conclusive ev¬ idence that they performed the duties required of them as to all persons having an interest in the land to be appropriated who do not appeal therefrom, or from assessments therein mentioned as well as to all persons so appealing, whose appeal shall be dismissed, and upon payment being made as herein before provided of the assessments in such report mentioned, not appealed from or appealed from where the appeal shall be dismissed, the interest of all such persons in the land to be ap¬ propriated shall vest in said city to be appropriated and used for the purpose or purposes determined upon by said council. Sec. 30. As soon as practicable, after the publication of the advertisements herein provided for, the clerk of said city shall procure from the publisher or publishers of the same, certificates of their due publication, with a copy of the adver¬ tisement in each case attached, and file such as relate to ad¬ vertisements caused to be published by the Clerk of said court, in the office of said Clerk, and all others in his own office; said Clerk shall also, as soon as practicable after the final dis¬ position in court of appeals herein provided for, procure from the Clerk of the court, under the seal thereof, a duly certified transcript in each case of appeal bond, and all orders and judgments of the court and entries of record therein, and also of the certificates of publication in cases where advertisements 3 26 C.TY CHARTER. are required to be published by the Clerk of the court, and file the same in his office, as one of the papers relating to the appropriation determined upon by said council, and said Clerk shall make complete records in a book to be kept for that pur¬ pose, of all the orders of said council, and papers filed in his office as by his act required, relating to appropriations of land by said council, a transcript whereof, duly certified by said Clerk, under the seal of said city, shall be evidence in all courts and places where the original orders and papers so to be recorded, could be used and have the,same effect. Sec. 31. Any three of the five commissioners, at any time appointed, may act and execute any or all of the duties re¬ quired. Sec. 32. Each commissioner shall be "entitled to two dol¬ lars a day for his services, to be paid by said city. Sec. 33. The city council shall have exclusive power over the streets and alleys, and may abate any and all obstructions and encroachments therein, in such manner as may be provi¬ ded by ordinance. Sec. 34. To compel all persons to keep the snow and ice and dirt from the side walks in front of the premises owned or occupied by them. Sec. 35. To levy and collect wharfage from any and all boats, rafts or crafts of any kind landing at any point within the limits of said city. , Sec. 36. To erect, repair and regulate public wharves and the rate of wharfage thereat; to regulate and control the erection and repair of private wharves and the rates of whar¬ fage thereat. Sec. 37. To establish standard weights and measures, and regulate the weights and measures to be used in the city, in all cases not otherwise provided for by law. Sec. 38. To provide for the inspection and measurement of lumber and other building materials, and for the measure¬ ment of all kinds of mechanical work. CITY CHARTER. 27 Sec. 39. To provide for the inspection and weighing of hay, lime, and stone coal, the measurement of charcoal, fire wood, and other fuel, to be sold or used within the city. Sec. 40. To provide for and regulate the inspection of to¬ bacco, beef, pork, flour, meat and whisky, in barrels. Sec. 41. To regulate the inspection of butter, lard and other provisions. Sec. 42. To regulate the weight, quality and price of bread to be sold and used in the city. Sec. 43. To regulate the size of brick to be sold or used in the city. Sec. 44. To provide for taking enumerations of the inhab¬ itants of the city. Sec. 45. To regulate the election of city officers, and pro¬ vide for removing from office any person holding an office cre¬ ated by ordinance. Sec. 46. To fix the compensation of all city officers, and regulate the fees of Jurors witnesses and others for services rendered under this act, or any ordinance. Sec. 47. To regulate the police of the city, to impose fines, forfeitures, and penalties for the breach of any ordi- nonce, and provide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties. Sec. 48. The city council shall have exclusive power with¬ in the city, by ordinance, to license, regulate and restrain the keeping of ferries, and to suppress and restrain billiard tables. Sec. 49. To establish, erect and keep in repair bridges. Sec. 50. To divide the city into wards, alter the bounda¬ ries thereof, and erect additional^wards, as the occasion may require. Sec. 51. To provide for lighting the streets and erecting lamp posts. Sec. 52. To establish, support, and regulate night watches, and day policemen. Sec. 53. To erect market houses, establish markets and / 28 CITY CHARTER. market places, and provide for the government and regulation thereof, Sec. 54. To regulate and license, or prohibit butchers, and to revoke their licenses for malconduct in the course of trade, and to regulate, license and restrain the sale of fresh meats and vegetables in the city, and restrain and punish the forestalling of poultry, fruit and eggs. Sec. 55. To license, tax and regulate auctioneers, mer¬ chants and retailers, groceries or drinking saloons, beer houses, taverns, ordinances, hawkers, pedlars, brokers, pawn brokers, and money changers, and revoke such licenses at pleasure. Sec. 56. To license, tax and regulate omnibusses, hackney carriages, wagons, carts and drays, fix the rates to be charged for the carriage of persons, and for wagonage, cartage and drayage of property. Sec. 57. To license and regulate porters, and fix the rate of porterage. Sec. 58. To license, tax and regulate theatrical and other exhibitions, shows and amusements, and prohibit dogs from running at large throughout the city. Sec. 59. To tax, restrain, prohibit and suppress tippling houses, dram shops, gaming houses, bawdy, and other disor¬ derly houses.- Sec. 60. To regulate the storage of gunpowder, tar, pitch, rosin, and other combustible materials. Sec. 61. To regulate and order parapet walls and partition fences. Sec. 62. To improve and preserve the navigation of the Mississippi within the limits of the city. Sec. 63. To provide for the erection of all needful build¬ ings for the use of the city. Sec, 64. To erect or establish a Bridewell, or House of Correction, pass all necessary ordinances for the regulation thereof, and appoint a keeper and as many assistants as may be necessary. In the said Bridewell or House of Correction, CITY CHARTER. 29 sltall be confined all vagrants, *straglers, idle or disorderly persons, or violators of any ordinance, who may be committed thereto by any conservator of the peace, and shall remain therein until the fine or penalty imposed upon them shall be served out at the rate of one dollar per day: Provided , that no person shall be sentenced to said Bridewell, or House of Correction, for a longer time than six months for any one of¬ fence ; and all persons sentenced by any criminal court or magistrate in and for the city, for any assault and battery, petit larceny, or other misdemeanor, punishable by imprison¬ ment in any county jail, shall be kept therein, subject to labor or solitary confinement. Provided , that all persons so com¬ mitted shall be confined in the common Jail of Adams Coun¬ ty, or the Calaboose of the city, until such times as said city shall erect and establish a Bridewell or House of Correction. Sec. 65. To provide by ordinance that every person against whom any judgments may hereafter be recovered in favor of said city, for a penalty or fine for a breach of any ordinance, instead of being committed to the Bridewell, or House of Correction, Jail or Calaboose, they may be required to labor on the streets until the whole fine and costs shall be paid at the rate of one dollar per day. Sec. 66. To authorize the taking up and provide for the safe keeping, education for such periods as may be deemed ex¬ pedient, of all children who are destitute of parental or guar¬ dian care, wandering about the streets, committing mischief, and growing up in mendicancy, ignorance, idleness and vice. Sec, 67. The city council of the city of Quincy shall have power to subscribe to the capital stock of the Quincy & Pal¬ myra Bail Road Company, organized under the laws of the State of Missouri, for the purpose of building a Rail Road from a point on the west bank of the Mississippi river, in the State of Missouri, opposite the city of Quincy, extending to or near the city of Palmyra, in the State of Missouri, in any sum not exceeding one hundred thousand dollars: J Provided, 30 CITY CHARTER. that before said council shall be permitted to make the afore¬ said subscription, they shall submit the matter of making said subscription to the people of said city, to be voted for or against, giving notice by publishing in all the daily newspa¬ pers published in said city, for at least ten days prior to said election ; said notice setting forth the time and places, and the names of the judges appointed for said election, and the spe¬ cific amount proposed to be subscribed, and the length of time for which the bonds shall run, which shall be issued for pay¬ ment of the said subscription, and the rate per cent, interest to be paid on the same. The manner of conducting said elec¬ tion and canvassing the votes thereof, shall be the same as for general elections under this act; if upon canvassing the re¬ turns of said election, it shall appear that a majority of all the votes cast at said election are in favor of making said sub¬ scription, the city council shall be fully authorized to make said subscription, and may for the payment of said subscrip¬ tion, issue city bonds in the usual form, and bearing no greater interest than at the rate of eight per cent, per annum, paya¬ ble semi-annually; said city council shall also have power to assess and collect a special tax for the payment of the inter¬ est on said bonds, in the same manner as is now provided by law for the payment of interest on city bonds issued for sub¬ scription to the Northern Cross Rail Roxd Company: Provi¬ ded , that no bond shall be paid out at less than its par value. Sec. 68. The city council shall have power to make all or¬ dinances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordi¬ nances be not repugnant to, nor inconsistent with, the Consti¬ tution of the United States, or of this State: Provided , they shall not impose any fine for violation of ordinances exceeding one hundred dollars. Sec. 69. The style of the ordinances of the city, shall be “Be it ordained by the City Council of the City of Quincy.’" Sec. 70. All ordinances passed by the city council, shall. CITY CHARTER. 31 within one month after they shall have been passed, be pub¬ lished in some newspaper published in the city, and shall not be in force until they shall have been published as aforesaid, without the same have been published in book form. Sec. 71. All ordinances of the city may be proven by the Seal of the Corporation, and when printed and published in book or pamphlet form, and purporting to be printed and pub¬ lished by authority of the Corporation, the same shall be re¬ ceived in evidence in all courts and places, without Turther proof. CHAPTER Y. OF TIIE MAYOR AND ALDERMEN. Section 1. Powers of Acting Mayor. “ 2. Bond of “ 3. Aldermen—conservators of the peace. “ 4. May call meetings. “ 5. Mavor—duties of. “ 6. Power to call military. “ 7. “ to require exhibit ot boom • “ 8. “ to execute any act. “ 9. Mayor—jurisdiction of. “ 10. “ Salary of. “ 11. “ cause for removal. “ 12. “ who qualified to be. Section 1 . The Mayor shall preside at all meetings of the city council, and shall have a casting vote and no other; in case of a vacancy in the office of Mayor, or of his being un¬ able to perform the duties of his office, by reason of tempora¬ ry or continual absence or sickness, the city council shall ap¬ point by ballot one of their number to preside over their meet¬ ings, whose official designation shall be “acting Mayor,” and the Alderman so appointed shall be vested with all the powers and perform all the duties of Mayor, except in regard to qual¬ ifying as Justice of the Peace, until the Mayor shall resume his office, or the vacancy be filled by a new election. 32 CITY CHARTER. Sec. 2. He may give bond and qualify as a Justice of the Peace, and when qualified shall possess the same powers and jurisdiction as Police Magistrates; and be entitled to the like fees and governed by the same rules and regulations as may be provided by law, and the ordinances of said city. Sec. 3. The members of the city council shall be fire war¬ dens, and conservators of the peace, and shall be exempted from jury duty, and the payment of street taxes during their term of office. Sec. 4. The Mayor, or any two Aldermen, may call special meetings of the city council. Sec. 5. The Mayor shall at all times be active and vigilant in enforcing the laws and ordinances, for the government of said city; he shall inspect the conduct of all subordinate offi¬ cers of said city, and cause negligence and positive violations of duty, to be presented and punished; he shall from time to time communicate to the Aldermen such information, and rec¬ ommend such measures, as in his opinion, may tend to the improvement of the finances, the police, the health, security, comfort and ornament of the city. . Sec. 6. He is hereby authorized to call on every male in¬ habitant of said city, over the age of eighteen years, to aid in enforcing the laws and ordinances; and in case of a riot, to call out the military to aid him in suppressing the same, or carrying into effect any law or ordinance; and any person who shall not obey such call, shall forfeit to the said city not less than one nor more than one hundred dollars. Sec. 7. He shall have pow r er, whenever he may deem it necessary to require of any officer of said city, an exhibit of his books and papers. Sec. 8. He shall have powder to execute all acts that may be required of him by any ordinance made in pursuance of this act. Sec. 9. He shall also have such jurisdiction as may be vested in him by ordinance of the city, in and over all places CITY CHARTER. 33 within five miles of the boundaries of the city, for the pur¬ pose of enforcing the health and quarantine regulations thereof. Sec. 10. And he shall receive for his services such salary as shall be fixed by ordinance of the city. Sec. 11. In case the Mayor shall at any time be guilty of palpable omission of duty, or shall wilfully and corruptly, be guilty of oppression, malconduct, or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the Circuit Court of Adams county, and on conviction, he shall be fined not more than two hundred dollars, and the court shall have power on the recommendation of the jury, to add to the judgment of the court, that he be removed from office. Sec. 12. No person shall be elected to the office of Mayor who holds any office, either state or national, and if elected to such office while Mayor, his office as Mayor shall thereby be¬ come vacated. CHAPTER VI. LEGALIZING ANI) REGULATING THE ISSUING OF CITY BONDS. Section 1. Bonds legalized. “ 2. Sinking Fund. “ 3. Prohibitions. Section 1. All bonds heretofore issued by the city council of the city of Quincy, whether for special loans or contracts in public works,are hereby declared to be legal,and binding in law. Sec. 2. There shall be appropriated from the revenue of said city, annually, hereafter, the sum of not less than ten thousand dollars: said sum to be denominated a sinking fund, to be used for the purpose of paying the bonded debt of said city, and for no other purpose whatever. Sec. 3. In the issuing of city bonds hereafter, whether for special loans, or for contracts, on public works, no sum for a greater amount than ten thousand dollars shall be issued by said city in any one six months, without first providing a sink¬ ing fund over and above the amount set forth in the last fore¬ going section, sufficient to meet the full amount of the princi- 4 34 CITY CHARTER. ’ pal when the same shall become due, and provided further, that no bond shall be issued drawing inter est at a greater rate than six per cent, per annum, payable either annually or semi¬ annually. CHAPTER VII. PUBLIC IMPROVEMENTS. Section 1. Petition required. “ , 2. City when half owner, power of. “ 3. Power to repair. “ 4. “ to assess. “ 5. “ to levy tax. Section 1. The city council shall have power upon the petition of the majority of the resident owners and holders of lots in any block or blocks or other natural division of ground fronting on any street, alley, or avenue, in said city, to cause from time to time, any such street, alley or avenue, or any part thereof, to be paved, planked or McAdamized, and to keep the same in repair. Sec. 2. The city council shall have power to pave, plank, or McAdamize any street, alley,or avenue without petition, as set forth in section one; Provided said city shall be the owner of at least one-half of the real estate fronting on the same; and provided f urther , should said city not be owner of one- half of the real estate fronting on said street, alley or avenue, then upon the petition of a sufficient number of the other property holders, in connection with said city, to represent a majority of the real estate fronting on the said street, alley or avenue, the city council shall have full power to pave, plank or McAdamize the said street, alley or avenue. Sec. 3. To cause cross and side walks, main drains and sewers,private drains and aqueducts, to be constructed and laid, relaid, cleansed and repaired / and regulate the same. Sec. 4. The expenses of any improvement mentioned in the foregoing sections, may be assessed upon the real estate in any natural division benefitted thereby, with the cost of the CITY CHARTER. 35 proceedings therein, in proportion as near as may be, to the benefit thereto: Provided such assessment shall not exceed three per cent, per annum on the property assessed. Sec. 5. The said city council shall have power, by ordi¬ nance, to levy and collect a special tax on the owners or hold¬ ers of the lots on any street, alley or avenue, or part of any street, alley or avenue, according to their respective fronts owned or held by them, for the purpose of carrying out the power granted by the preceding section of this act. Section I. Power CHAPTER VIII. FIRE DEPARTMENT, to prohibit. U 2. (. to regulate chimneys. u 3. U to prevent. ti 4. u in relation to examination. it 5. a to require fire buckets. u 6. c. to regulate manufactories. u rr /. u to prevent fire works, &c. a 8. it to compel owners. a 9. U of Mayor, Aldermen, &c. u 10. it general. it 11. Engines to procure—control of. 12. Power to organize hook and ladder companies, &c. u 13. it to make appointments. ■ u 14. it to prescribe duties. It 15. U of chief engineer, &c. 16. Who exempt from road labor. a . 17. Diploma to firemen. Section 1 . The city council, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected, or placed, or repaired, without the permission of the city council, and to direct that all and any buildings within the limits prescribed, shall be made or constructed of fire-proof materials; and to prohibit the repairing or rebuilding of wood¬ en buildings within the fire limits, where the same shall have been damaged to the extent of fifty per cent, of the value i 86 CITY CHARTER. thereof, and to prescribe the manner of ascertaining such damages. Sec. 2. The city council shall also have power to regulate the construction of chimneys, so as to admit chimney sweeps? and to compel the sweeping and cleaning of chimneys. Sec. 3. To prevent the dangerous construction and condi¬ tion of chimneys, fire-places hearths, stoves, stove-pipes, ovens, boilers, and apparatus used in and about any buildings or manufactory, and cause the same to be removed or placed in a safe and secure condition when considered dangerous. Sec. 4. To prevent the deposit of ashes in unsafe places, and to appoint one or more officers to enter into all buildings and enclosures, to discover whether the same are in a danger¬ ous state; and to cause such as may be dangerous to be kept in a safe condition. Sec, 5. To require the inhabitants to provide as many fire buckets, and in such manner and time as they shall prescribe, and to regulate the use of them in times of fire. Sec. 5. To regulate and prevent the carrying on of man¬ ufactories, dangerous in causing or promoting fires. Sec. 7. To regulate and prevent the use of fire-w r orks and fire-arms. Sec. 8. To compel the owners or occupants of houses or other buildings to have scuttles in the roofs, and stairs or lad- ders leading to the same. Sec. 9. To authorize the Mayor, Aldermen, fire wardens, or other officers of said city, to keep aw r ay from the vicinity of any fire, all idle and suspicious persons, and to compel all of¬ ficers of said city, and other persons, to aid in the extinguish¬ ment of fires, and in the preservation of property exposed to danger thereat. > Sec. 10. And generally to establish such regulations for the prevention and extinguishment of fires, as the city council may deem expedient. Sec. 11. The city council shall procure fire engines and other apparatus used for the extinguishment of fires, and have CITY CHARTER. 37 the charge and control of the same, and provide fit and secure engine houses and other places for keeping and preserving the same, and shall have power Sec. 12. To organize fire, hook, hose, bag, ladder, and axe companies. Sec. 13. To appoint during their pleasure, a competent number of able and respectable inhabitants of said city, fire¬ men, to take the care and management of the engines and other apparatus and implements used and provided for the ex¬ tinguishment of fires. , Sec. 24. To prescribe the duties of firemen, and to make rules and regulations for their government, and impose rea¬ sonable fines and forfeitures upon them, for a violation of the same, and for incapacity, neglect of duty, or misconduct, to remove them. Sec. 15. The Chief and Assistant Engineers of the fire department with the other firemen, shall take the care and management of the engines and other apparatus and improve¬ ment used and provided for extinguishment of fires, and their duties and powers shall be defined by the city council. Sec. 16. The members of the city council, and firemen, shall during their term of service as such, be exempt from serving on juries in all courts of this State, and in the militia, and likewise exempt from working out any road or street tax. The name of each fireman shall be registered with the Clerk of the city, and the evidence to entitle him to the ex¬ emption provided in this section, shall be the certificate of the Clerk, made within the year in which the exemption is claimed. Sec. 17. Every fireman who shall have faithfully served as such in said city for the term of ten years, shall be there- • after exempt from Juries in all courts in this state or in the militia, except in case of war, invasion, or insurrection, and the evidence to entitle such person to such exemption, shall be a diploma under the corporate seal signed by the Mayor and Clerk. ^ CITY CHARTER. 38 CHAPTER IX. MISCELLANEOUS PROVISIONS. Section 1. << 2 . a 3 . a 4 . u 5 . u 6 . a 7 . a 8 . u 9 . u 10 . u 11 . u 12 . a 13 . u 14 . a 15 . u 16 . a 17 . u 18 . it 19 . it 20 . * it 21 . it 22 . u 23 . Power to levy road tax. “ to issue vouchers. To publish fiscal statement. Paupers county exempt from. County tax city exempt from. To pay county. Number of children to furnish school commission. Exclusive control over public schools. All fines to pay City Treasurer. No Plat to be recorded without approval. No person to subdivide without leaving streets. Penalty for. No person incompetent as Jury. Ordinance to remain in force. All actions, rights, &c., vested in. Ail property vested in. Ordinances to be received. w r hen. May be read in evidence. Not to invalidate. Conservators of peace to have power. Exempt from Board and Jail fees. Saving clause. A public act. Section 1. The city council shall have power for the purpose of keeping the streets, lanes, avenues and alleys, in repair, to levy in each and every year a tax not exceeding two dollars on each free white male inhabitant in said city, over the age of tw r enty one. years, and under the age of fifty years, excepting those who are now, or may be hereafter, ex¬ empted by law from road tax, said tax to be collected in such a manner as said city council may by ordinance provide ; or the city council may require every white male resident of said city over the age of twenty-one years, and under the age of fifty years, (excepting those exempted by law,) to labor three days in each year upon the streets and alleys, but every person may at his option pay at the rate of fifty cents for every day he shall be bound to labor. Provided the same shall be paid CITY CHARTER. 39 on or before the first of the three days upon which he may be notified to labor by the Street Commissioner for the division in which he resides. In default of payment as aforesaid, the sum of three dollars may be collected, and no offset shall be allowed in any suit brought to recover the same. Sec. 2. The city council shall have power to issue war¬ rants or vouchers on the Treasurer for such amounts as may have been duly audited and allowed and in such sums as may be deemed proper and right. Provided , that said warrants or vouchers shall not be made so as to draw interest on the same. Sec. 3. The city council shall cause to be published annu¬ ally, a full and complete statement of all monies received and expended by the corporation during the preceding year and on what account received and expended. Sec. 4. The county shall be exempt from the support of paupers within the limits of said city; but the city council shall provide such means and pass such ordinances as they shall deem proper for the support of their own paupers. Sec. 5. All property real and personal in the city of Quincy shall be exempt from taxation for county purposes. Sec. 6. The city of Quincy shall, on the first Monday of September next, and annually thereafter, pay to the county of Adams the sum of eight hundred dollars to reimburse said county for monies advanced by her on account of said city’s part of the court expenses of said county : all acts and parts of acts repugnant to this section are hereby repealed. Sec. 7. It shall be the duty of the city council of the city of Quincy to cause to be furnished to the School Commissioner of Adams county an abstract of the whole number of children under the age of twenty years residing in said city, at the same time and in the same manner'as Township Treasurers are now or may hereafter be required to do; and the said School Commissioner shall annually pay to the treasurer of the city of Quincy the proportion of the school college and seminary fund to which the said city may be entitled, according to the 40 CITY CHARTER. number of children as aforesaid, residing in said city, taking his receipt for the same. Provided , that no abstract of the number of children as aforesaid, residing in said city, shall be returned to said School Commissioner oftener than once in two years as required in other school districts. Sec. 8. The city council shall ‘have exclusive control, and possess all the rights, powers and authority necessary for the management of public schools, and the school funds of said city, with power to enact such ordinances as may be necessary to carry their powers and duties into effect. Sec. 9. All fines, penalties and forfeitures inflicted byfor recovered before, the Police Magistrates, or any other Magis¬ trates of said city of Quincy, whether for violation of the city ordinances^ or the laws of the state, shall be paid into the treasury of said city; and it shall be the duty of said Magis¬ trates, and all other officers, to account for and pay over all such fines, penalties and forfeitures as may be collected by them to the treasurer of said city, on the first Mondays of March, June, September, and December of each and every year hereafter. Sec. 10. No plat or map of any addition to the said city of Quincy, or any subdivision of any land within the limits of the same, which may hereafter be made with the intent of sell¬ ing any part of such addition or subdivision, shall be entitled to record, or be recorded in the office of the Recorder of Adams county, until the same shall have been approved by the city council of said city; and all such additions and sub¬ divisions as shall hereafter be made, with the intent aforesaid, shall be null and void, unless a correct plat or map of the same be approved by said city council within sixty days from the time the same shall have been certified by the surveyor making the same. Sec. 11. Any person or persons who may subdivide or lay out into lots or blocks, any quarter section or any part of a quarter section of land now adjoining the said city of Quincy, are hereby required to lay out streets through the same so as C’lTY CHARTER. 41 to correspond with the streets within and leading from said city on the side* upon which said land may he located. Pro¬ vided , said subdivisions are laid out so as to contain less than ten acres of ground. Sec. 12. If any person shall violate the provisions of the foregoing section he shall be liable for all damages to the city of Quincy, in a sum of not less than one hundred, nor more than one thousand dollars, for the failure of the laying out of each street therein required, said forfeiture to be recovered by suit in the circuit court of Adams county, Illinois. Sec. 13. No person shall bean incompetent Judge,Justice witness or Juror, by reason of his being an inhabitant or free¬ holder in the city of Quincy in any action or proceeding in which the said city shall be a party in interest. Sec. 14. All ordinances, regulations, and resolutions now in force in the city of Quincy, and not inconsistent with this \ act, shall remain in force under this act, until altered, modified or repealed by the city council, after this act shall take effect. Sec. 15. All actions, rights, fines, penalties and forfeitures in suit or otherwise, which have accrued under the several acts consolidated herein, shall be vested in, and prosecuted by the corporation hereby created. Sec. 16. All property, real, personal, or mixed, belonging to the city of Quincy, is hereby vested in the corporation created by this act; and the officers of said corporation now in office shall respectively continue in the same until super¬ seded in conformity to the provisions hereof; but shall be gov¬ erned by this act which shall take effect from and after its passage. Sec. IT. All ordinances of the city, when printed and published by authority of the city council, shall be received in all courts and places without further proof. Sec. 18. This act shall be deemed a public act; and may be read in evidence without proof; and judicial notice shall be taken thereof, in all courts and places. 5 ' 42 CITY CHARTER. Sec. 19. This act shall not invalidate any legal act done by the city council of the city of Quincy or by its officers ; nor divest their successors under this act, of any rights of property or otherwise, or liability which may have accrued to or been created by said corporation prior to the passage of this act. Sec. 20. All officers of the city created conservators of the peace, by this act, shall have power to arrest or cause to be arrested, with or without process, all persons who- shall break or threaten to break the peace, commit for examination and if necessary detain such persons in custody over night in the watch house or other safe place, and shall have and exer¬ cise such powers as conservators of the peace as the city coun¬ cil may prescribe. Sec. 21. The city of Quincy shall not be liable in any case for the board or jail fees of any person, who may be com¬ mitted by any officer of the city, or by any magistrate to the jail of Adams county, for any offence punishable under the laws of this state. Sec. 22. Nothing in this act contained, shall be so con¬ strued as to deprive the city council of said city of any power or authority conferred upon the same by the act incorporating said city, and the various acts amendatory thereto ; but the city council shall possess and enjoy all the powers and authori¬ ty heretofore conferred upon the same except so far as such powers and authority have been expressly modified or repeal¬ ed by this act or the acts heretofore mentioned. Se~. 23. This act shall be deemed a public act and take effect from and after its passage. SAMUEL HOLMES, Speaker of the House of Representatives. JOHN WOOD, Speaker of the Senate. Aqproved January 30 th 9 1857. WM. H. BISSELL. CITY CHARTER. 43 An act supplemental to an act entitled an act to reduce the law incorporating the city of Quincy, and the several acts amendatory thereof into one act, and to amend the same. Section 1. Be it enacted by the people of the state of Illinois represented in the General Assembly, That the city council of the city of Quincy, Illinois, be and is hereby authorized and empowered (any thing contained in the act to which this is a supplement notwithstanding) to issue city bonds to any amount not exceeding at one time in the aggregate, the sum of seventy five thousand dollars, and not bearing a rate of interest higher than eight per cent, per an¬ num the interest to be paid annually or semi-annually at the option of the said city council. Sec. 2. This act shall be deemed a public act and take ef¬ fect and be in force from and after its passage, SAMUEL HOLMES, Speaker of the House of Representatives. JOHN WOOD, Speaker of the Senate. Approved February 1 6th, 185T. \ WM, H, BISSELL, RULES AND ORDER OF BUSINESS OF THE CITY COTJYCII, OF THE CITY OE QUINCY. ADOPTED BY THE CITY COUNCIL, APRIL 22, 1857. Rule I. Regular meetings of the council shall be held' on the first Monday of each month at 2 o’clock, P. M. Notices of special meetings shall be served by the marshal on each alderman personally, or by leaving the same at his usual place of business or abode. The marshal shall have charge of the council room and give his attendance on the meetings of the council. Rule II. jYt the hour appointed for the meeting, the clerk, (or some one appointed to supply his absence), shall proceed to call the roll of members, marking the absentees, and announce whether a quorum be present. Upon the ap¬ pearance of a quorum, the council shall be called to order, the mayor taking the chair if present, and the council appointing a temporary chairman if he should be absent. The council shall then proceed to the business before them, which shall be conducted in the order following: RULES AND ORDER OE BUSINESS. 45 1. The reading of the minutes of the proceedings of the last meeting, or meetings, amendment and approval of the same. 2. The presentation of petitions and reports of officers. 3. The reports of standing committees. 4. Reports of select committees. 5. Communications to the city council, which may also be considered at any time. 6. Unfinished business of preceding meetings. 7. Motions, resolutions and notices. Rule III. All questions relating to the priority of busi¬ ness shall be decided without debate. Rule IV. The mayor shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the city, council. Rule V. While the mayor is putting the question, no member shall w r alk across or out of the council room. Rule VI. When the city council adjourns, the members shall keep their seats until the mayor shall have left the chair. Rule VII. Every member, previous to his speaking, shall rise from his seat, and address himself to the mayor, and say, Mr. President—but shall not proceed with, his remarks until recognized and named by the chair. Rule VIII. When two or more members rise at once, the mayor shall name the member who is first to speak. Rule IX. No member shall speak more than twice to the same general question, nor more than once to a “previous question,” without leave of the city council, nor more than once in any case, until every member, choosing to speak, shall have spoken. Rule X. While a member is speaking, no member shall entertain any private discourse, or pass between him and the chair. Rule XI. A member called to order shall immediately sit 46 RULES AND ORDER OF BUSINESS. / down, unless permitted to explain. If there be no appeal, the decision of the chair shall be conclusive; but if the mem¬ ber appeal to the city council from the decision of the chair, the city council shall decide on the case without debate. Rule XII. Every member who shall be present when a question is stated from the chair, shall vote thereon, unless excused by the city council, or unless he be directly interested in the question, in which case he shall not vote. Rule XIII. No motion shall be debated or put, unless it be seconded. When a motion is seconded, it shall be stated by the mayor before debate; and every such motion shall be reduced to writing, if required by a member. Rule XIY. After a motion or resolution is stated by the mayor, it shall be deemed to be in possession of the city council, but may be withdrawn at any time before a decision or amendment. Rule XY. If the question in debate contain several dis¬ tinct propositions, any member may have the same divided. Rule XYI. When a blank is to be filled, and different sums or times proposed, the question shall first be put upon the largest sum and longest time. Rule XYII. When a question is under debate, no motion shall be received unless for the “previous question;” to post¬ pone it indefinitely; to adjourn it to a certain day ; to lay it on the table; to amend it; or to adjourn the city council. Rule XYIII. A motion for the ,,previous question,” to lay the question on the table, or to commit it, until it is decided, shall preclude all amendment and debate of the main question; and a motion to postpone a question indefinitely, or to adjourn it to a certain day shall, until it is decided, preclude all amendment to the main question. Rule XIX. The “previous question” shall be as follows : —“Shall the main question now be put?” Rule XX. A motion to adjourn the city council shall al¬ ways be in order, except , 1st, when a member is in possession RULES AND ORDER OF BUSINESS. 47 of the floor; 2d, while the yeas and nays are being called ; 3d, when the members are voting; 4th, when adjournment was the last preceding motion ; or, 5th, when it has been de¬ cided that the previous question shall be taken. Rule XXI. In all cases when a resolution or motion shall be entered on the minutes of the city council, the name of the member moving the same shall be also entered on the minutes. Rule XXII. If any member require it, the ayes and noes upon any question shall be taken and entered on the minutes ; but the ayes and noes shall not be taken unless called for %/ previously to any vote upon the question. Rule XXIII. All committees shall be appointed by the •mayor, unless otherwise specially directed by the city council, in which case they shall be appointed by ballot. Rule XXIY. Standing and select committees to whom references are made, shall, in all cases, report in writing the state of facts, with their opinions thereon. Rule XXY. All reports of committees shall be addressed to the mayor and aldermen of the city of Quincy, in council assembled. Rule XXYI. When a member wishes to present a com¬ munication, petition, or report, he shall rise in his place and address the chairman in the usual form, and having briefly stated the subject of such communication or report, ask leave to present the same. Rule XXYII. The city clerk shall forward all the papers to the chairman of the appropriate committees within forty eight hours after the reference shall have been made"; and it shall be the duty of the marshal to deliver them. Rule XXYIII. These rules may be temporarily suspended by unanimous consent of all the members present ; but shall not be repealed, altered or amended, unless by concurrence of two thirds of all the aldermen elected. Rule XXIX. The standing committees shall consist of three members each and shall be appointed by the mayor, an- 48 STANDING COMMITTEES. nually, on entering upon the duties of his office ; and the person first named on the committee shall be the chairman thereof except the finance committee which shall be elected by ballot by the council. The following shall be standing committees to wit: i Standing Committees. 1. Finance. 4. Wharf and Ferry. 2. Auditing Committee. 5. Markets. 3. Fire and Water. 6. Gras Lights. 7. Ordinances. RELATING TO TIIE CITY. 40 An Act to amend an Act entitled “An Act to amend the revenue, laws and provide for the collection of the State taxes in the city of QuincyA Approved June 23, 1852. Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly , That the city of Quincy shall, on the first Monda} r of September next, and annually thereafter, pay to the county of Adams, the sum of eight hundred dollars, to reimburse said county for moneys advanced by her on account of said city’s part of the court expenses of said county, anything in the tenth section of an act entitled “An Act to amend the Kevenue laws and provide for the collection of State taxes in the city of Quincy,” ap proved June 23, 1852, to the contrary notwithstanding. Sec. 2. This act shall take effect and be in force from and after its passage. Approved February 14, 1855. 4 ORDINANCES. NO. I. An Ordinance relating to the meetings of the City Council* Sec. 1. Stated meetings, when held—special meetings, how called— notice of special meetings, how and by whom served. Section 1 . Be it ordained by the City Council of the city of Quincy , That the stated meetings of the city council shall be held on the first Monday of every month, at such place within the limits of said city, as the city council may from time to time direct; and that special meetings thereof shall be called by the Mayor or any two Aldermen, by leaving written notices of the time and place of holding the same, at the residence of the respective members, unless the same be personally served on such members; the service of such notices shall be, and is hereby made the duty of the Clerk of said council. NO. II. An Ordinance defining Election Wards. Section 1 . Be it ordained by the City Council of the city of Quincy , That the First Ward of said city for election purposes shall embrace all that part of said city north of the centre line of Hampshire street, extended cast to the east line of the city limits. Sec. 2. The Second Ward shall embrace all that portion of said city bounded as follows, to-wit: Beginning at a point ORDINANCES. 51 on the east line of the city limits where Hampshire street if extended, would intersect the same, running thence west on the centre line of said Hampshire street to the Mississippi river, thence with said river to the middle of Maine street, thence east to the middle of Fifth street, thence south to the middle of York street, thence east to the east line of the city limits, thence north to the place of beginning. Sec. 3. The Third Ward shall embrace all that portion of said city lying between the Second Ward and the south boun¬ dary line of said city. NO. III. An Ordinance regulating the election of Mayor , Aldermen and Marshal. Sec. 1. Three judges of election to be appointed in each Ward — their qualifications. Clerk to give notice of time and place of hold¬ ing elections—bow given. 2. Judge failing to attend, place how filled—no judge present, substitutes how appointed and qualified 3. Vacancy in office of Mayor, how filled. Judges of Election to be appointed—vacancy in office of Alderman, how filled ap¬ pointment of Judges of Election—notice of special election, how given. 4. Judges of election to be notified of their appointment—may appoint Clerks. Judges and Clerks, how qualified—mode of conducting elections and of making returns. 5. Tie in an election for Mayor, how determined. 6. Tie in an election for Alderman, how determined. 7. Election of Mayor, how contested. 8. Election of Alderman, how contested. 9. Chairman of committee and President of Council authorized to issue subpoena. 10. Vacancy in office of Marshal—tie in contest—penalties for misconduct of Judges and Clerks. Certificates of election. Section 1. Be it ordained by the Oily Council of the city of Quincy , That there shall be appointed by the city council, at least one month previous to the annual election of Mayor, \ UNIVERSITY OF ILLINOIS LIBRARY U OF ILL LIB. AT urbana-champaign 52 ORDINANCES Marshal and Alderman of said city, three judges of election for each ward of said citv, who shall be legal voters in such ward, to preside at such election in their respective wards; and the Clerk of said city council shall give three weeks’ no¬ tice of the time and place of holding such election, and of the hours of opening and closing the polls, by publishing the same in one or more of the newspapers published in said city. Sec. 2. Be it further ordained , That if any judge of election appointed under the preceding section shall fail to attend, the judge or judges attending may supply his place from the elec¬ tors present; and if no judge shall attend, then the electors present may appoint judges of election; and the judges ap¬ pointed under this section shall be qualified, and shall conduct the election in all respects as if they had been originally ap¬ pointed by -the city council: Provided , that no elector shall act as judge, or vote in the appointment of a judge, except in the ward where he is entitled to vote. Sec. 8 Be it further ordained, That in case the office of Mayor shall become vacant by reason of his removal from the city, his death, resignation, or by any other means whatever, it shall be the duty of the city council forthwith to order an election of Mayor, and to appoint three judges of election in each ward of the said city, in like manner as is heretofore pro¬ vided, who shall be subject to the provisions of the preceding sections. If the office of one or more Aldermen shall by any means become vacant, it shall be the duty of the city council to order an election or elections forthwith, in such ward or wards as may be unrepresented, either in whole or in part, and to appoint three judges of election for every such ward, in the same manner, and subject to the same provisions as directed in the preceding sections. Notice of the special elections under this section, shall be given in like manner as the notice pre¬ scribed in the first section of this ordinance; Provided, that said notice may be for such length of time as may be ordered bv the council. J Sec. 4. Be it further ordained , That the judges of election shall, in all cases, be notified in writing of their appointment by the city clerk, and shall be authorized to appoint two clerks ORDINANCES. of election in their respective wards.. The judges and clerks shall be qualified, and all elections under the city charter or any ordinance of the city council shall be by ballot; and in this respect as well as in the canvassing of votes, shall be conduct¬ ed in conformity with an act of the general assembly of this State, entitled “An Act to provide for the mode of voting by ballot, and for the manner of returning, canvassing and cer¬ tifying votes,'" 7 approved February 12, 1849. And returns of all such elections shall be made to the city council, and can- vassed and certified, so far as applicable, in conformity with said act and the laws of this State. Sec. 5. Be it further ordained , That whenever it shall ap¬ pear from the returns of an election for Mayor, that any two or more candidates, have an equal number of votes for said office, and that the same is the highest number of votes polled for any candidate, the election shall be determined by lot as follows, to wit: At the next meeting of the city council there¬ after, the Clerk shall prepare a number of ballots for each of the candidates having said equal number of votes, equal to the number of the members of said council then present, and shall write the names of such candidates on the ballots prepared for them respectively; he shall then deposit the said ballots in a box in such manner, that no person drawing a ballot, shall perceive the name written thereon; each member of the coun¬ cil then present, shall draw one ballot from the said box, and the candidate whose name shall appear on a plurality of the ballots thus drawn, shall be declared Mayor of the said city. If two or more names shall appear on an equal number of bal¬ lots thus drawn, and said number be the highest, then a new ballot shall be made between them in like manner, dropping the other candidates; and so on until an election by lot is ef¬ fected in the manner already provided for. Sec. 6 . Be it further ordained , That whenever it shall ap¬ pear from the returns of an election in any ward of said city, that two or more candidates have an equal number of votes for the office of Alderman therein, and that the same is the highest number of votes polled for any candidate, the election shall be determined by ballot in the same manner as provided- 54 ORDINANCES. in the last section, with the following exceptions, to wit: seven ballots shall be prepared and deposited for each of said candidates respectively; the Mayor shall draw seven ballots out of the whole number deposited, and the candidate, whose name shall appear on a plurality of the ballots so drawn, shall be declared Alderman of the ward in which the election was held. In case of a tie upon the first ballot, other ballotings shall take place in like manner, as provided in the last section until an election be effected. In case the election shall have been held in such ward for more than one Alderman, and no one candidate receive a plurality of the votes of the electors, the Mayor shall make a separate election by lot as herein be¬ fore directed for each Alderman, to which said ward shall be entitled. Sec. 7. Beit further ordained , That whenever any person who lias been a candidate for the office of Mayor, shall intend to contest the election of the candidate in whose favor the re¬ turn has been made, it shall be his duty within ten days from the day of such election, to give notice in writing of such in¬ tention to the person whose election is to be contested either by personal service of such notice, or by leaving the same at his usual place of residence; and it shall also be the duty of such contesting party within the time aforesaid, to file a peti¬ tion with the clerk of the council, addressed to said council and setting forth his intention to contest the said election, together with the points upon which it is contested; and thereupon the city council shall appoint at their next meeting a committee to consist of one from each ward to examine into the case and to report thereon to the said council. Said committee shall proceed to discharge the duty assigned them by hearing testi¬ mony and otherwise, having first given five days 7 notice to both parties, to the time and place of making such inquiry, and shall report the result of their inquiry to the city council, with a brief view of the testimony in the case and of the rea¬ sons of their decision; and thereupon the contest shall be finally determined by a vote of the said city council: Pro¬ vided , however, that the council before such final determination, may, if they think fit, proceed to re-examine the testimony in ORDINANCES. 55 the case, upon giving a like notice to the parties as herein be* fore provided. Sec. 8. Be it further ordained , That whenever any person, who lias been a candidate for the office of Alderman, shall in¬ tend to contest the election of the candidate in whose favor the return lias been made, he shall give a similar notice, and file a similar petition to those required under the preceding section; and all the subsequent proceedings therein shall con¬ form as nearly as possible, to those prescribed in the said section. Sec. 9. Beit further ordained , That the chairman of any committee appointed under the two last preceding sections, and also the Chairman or President of the city council shall be authorized, in the cases therein mentioned, to issue sub¬ poenas for witnesses under their hands; and if any witness,upon whom said subpoena may have been served, shall refuse obe¬ dience thereto, he shall forfeit the sum of twenty-five dollars,* to be recovered by action of debt in the name of the said city of Quincy. Sec. 10. Be it further ordained , That in all cases of con¬ test of election of City Marshal, or of a tie in any such elec¬ tion, or of vacancy in the office of Marshal, the same proceed¬ ings shall be had in all things, as near as may be, as is pro¬ vided for in this ordinance in cases of Aldermen. Any judge or clerk of any such election duly appointed and qualified who shall conduct himself at any such election in a riotous or dis¬ orderly manner, shall, for every such offence, forfeit and pay to the city a fine of not less than five, nor more than twenty- five dollars, in the discretion of the court, to be recovered as other penalties. The city clerk shall issue to the Mayor and Marshal elected under this ordinance certificates of election. 56 ORDINANCES. NO. IY. An Ordinance regulating the appointment of City Officers by the City Council , prescribing their duties , and providing fvr their removal. Sec. 1. City officers; what to be appointed by the city council, and when. Their term of office. Duties of Assessors. 2. Duties of City Clerk. 3. a Treasurer. 4. ce Marshal. 5. ce Overseer of the Poor. 6. ce Engineer and Surveyor. 7. ce Clerk of Market. 8. cc Harbor Master. 9. cc Fire Warden. 10. cc Sexton. 11. ce Wood Measurer. 12. cc Measurer of Lumber, &c. 13. What officers to give bond. All city officers to subscribe oath, or affirmation. 14. City officers how removed. 15. fC On vacating office to deliver over books, &o. 16. ee Services of. How compensated. 17. ce To render an account of money received. 18. ee Vacancies of. How filled. 19. Majority of Council present sufficient to elect. 20. Duties of City Physician. 21. Mayor may employ counsel. 22. Superintendent of Schools. Section 1. Be it ordained by the City Council of the city of Quincy , That at the first meeting of the city council in each year, after the organization thereof, or as soon thereafter as practicable, the city council shall appoint by ballot, viva voce , or by resolution as a majority of them shall determine, the fol¬ lowing city officers : a City Clerk, a City Treasurer, a City Overseer of the Poor, a City Engineer, a Street Commissioner, a Clerk of the City Market, a City Harbor Master, a City Fire Warden, a City Sexton, a City Measurer of lumber, wood, buildings, materials, and other mechanical work, a City Phy¬ sician, a Superintendent of City Schools, who shall hold their ORDINANCES. 57 offices for one year, and until their successors shall be appoint¬ ed and qualified, unless sooner removed by the city council. The city council shall also on the first Monday of February in each year, or so soon thereafter as practicable, appoint a city assessor for each assessment division in manner aforesaid, who shall hold his office for one year and until his successor shall be appointed and qualified, unless sooner removed, as afore¬ said, and who shall perform such duties as may be required of him by the revenue and other ordinances of the city, or the laws of this State. The city council may also, from time to time appoint such other city officers as they may deem neces¬ sary, and for such term not exceeding one year, as they may see fit, and which appointments shall be in manner aforesaid. Sec. 2. Be it further ordained. That it shall be the duty of the city clerk to attend the special and stated meetings of the city council; keep a correct journal of all its proceedings; re¬ cord the same in a book to be kept for that purpose; record in a separate book all ordinances which may be passed from time to time by the city council, and cause the same to be pub¬ lished within one month after they shall have been passed, in such newspaper of the city as the city council may designate; keep and preserve safely all papers pertaining to his office; prepare and deliver all licenses, bonds and certificates of sale and redemption, on the receipt of the proper sums of money therefor; countersign all vouchers and deliver the same, when called for, taking a receiptfor the same; notify all officers ap¬ pointed by the city council, of their election; and generally to do and perform such other duties as may at any time be en¬ joined on him by ordinance or resolution of the city council. It shall be the especial duty of the city clerk at the close of each fiscal year, to make out and publish in the newspaper se¬ lected to publish the city proceedings, a full and complete statement of the receipts and expenditures of said city during such year, and showing on what account received and expend¬ ed. And such fiscal year shall commence on the first day of April in each year, and shall end on the first day of the next succeeding April, including the first and excluding the last of said days.. 58 ORDINANCES. Sec. 3. Be it further ordained , That it shall be the duty of the City Treasurer to keep a true and accurate account of all money paid into the Treasury, by whom and on what account received; keep a distinct account of the costs, expenses and re¬ ceipts connected with the “ Quincy Cemetery ” and in making reports to the city council, to make a separate and specific re¬ port of the same; pay out all such sums of money as may be ordered by the city council, vouchers therefor being signed by the Mayor or President of the city council and countersigned by the city clerk; and finally, to make an annual report of the state of the treasury and of his doings to the city council, or of tenor, if required by said city council. And the treasurer shall perform such other duties as may be prescribed by ordinance or resolution of the city council. Sec. 4. Be it further ordained That it shall be the duty of the City Marshal to execute all writs or other process, issued by the Police Magistrate’s court when delivered to him; col¬ lect all fines, forfeitures and penalties, which may accrue to the said city, not otherwise provided for by ordinance, and in the performance of any duty enjoined on him by any ordi¬ nance or resolution of the city council, he shall be invested with such powers as are conferred upon constables by the laws of this State; remove all nuisances in conformity with any or¬ dinance or resolution of the city council; give to the Mayor all information that may be communicated to him, or come to his knowledge, of any and every breach of the ordinances of the city; and generally to do and perform all duties which may be enjoined on him by ordinance or resolution of the city council. Sec. 5. Be it further ordained , That it shall be the duty of the Overseer of the Poor, on application of any inhabitant of said city, to furnish all such food, clothing, fuel, medical and other aid in sickness, for poor persons residing within said city, as he may deem necessary, and to present all bills for ex¬ penses thereby accruing, to the city council for approval; and generally, to perform such other duties as may be enjoined on him by any ordinance or resolution of the city council. It shall also be the duty of the Overseer of the Poor to take ORDINANCES. 59 charge of the city poor house and premises thereto belonging and of the poor therein. Sec. 6 . Be it farther ordained , That the City Engineer shall do and perform, within said city, all engineering and survey¬ ing and such other duties pertaining to his office as may from time to time be prescribed to him by ordinance, order or reso¬ lution of the city council, or cause the same to be done by some competent person. He shall, when requested so to do, survey any private lot in said city into so many parts or divi¬ sions as may be desired, and put down the necessary stakes; designate, when requested by any person about to build a house, or fence, or grade, or make a sidewalk, the line of a street, lane, avenue or alley on which such house or fence is to be erected, or sidewalk made, and also the grade of such street, lane, avenue or alley; and make out and deliver to in¬ dividuals, certificates of all surveys made at their request. Sec. 7. Be it further ordained , That it shall be the duty of the Clerk of the Market to superintend the whole of the mar¬ ket lot, and take charge of the market house, and all other buildings and fixtures that may be erected on said market lot, so as to prevent and punish, or cause to be punished, all in¬ juries and damages which may be done to the same; keep the market in a clean and wholesome state; prefer complaints be¬ fore the Police Magistrate’s court for all breaches of any ordi¬ nance or parts of ordinances, relating to the market, whenever suit is necessary to enforce the payment of any fine, forfeiture or penalty accruing therefrom; rent out, and lease from time to time, all stalls, benches, blocks, or other privileges and appurtenances thereunto belonging, which the committee on markets may di¬ rect to be rented and leased, on the best possible terms on the behalf and in the name of the said city, for any term not exceed¬ ing one year at a time; demand, sue for, recover and receive the rents accruing, or distrain and sell forthwith any property of the lessee found within the limits of said city for the same; re¬ ceive all fines, forfeitures and penalties, or other sums of mon¬ ey accruing under any provision of any ordinance regulating the market, keeping a true and accurate account thereof in a book kept for that purpose, and pay overall such money to the 60 ORDINANCES'. city clerk, taking his receipt therefor, and accounting with the city council at each stated meeting : maintain peace and good order on and about the market lot at all times, and par¬ ticularly during market hours. And the said clerk is hereby authorized, whenever it shall be necessary to maintain peace and good order, to arrest without precept or warrant all per¬ sons who may be found in and about said market lot, drunk, fighting, quarrelling, reveling, threatening, swearing, black¬ guarding, pilfering, stealing, robbing, cheating, swindling, or otherwise disturbing the good people at or about said market, or committing other offences against the ordinances of said city, or the laws of this State, and confine such offenders in the jail of the county or city, or hold them to special bail un¬ til such time as his other duties will allow him leisure to carry such offenders before the Police Magistrate’s court of said city, or until lie shall have opportunity of turning such offen¬ ders over to the custody of the City Marshal or Police Con¬ stable, to be dealt with according to the ordinances of said city and the laws of the land; and whenever it may be neces¬ sary to require assistance in making any such arrest, he may call on the bystanders so to assist, and every such bystander shall render such aid, or he shall be subject to the same penal¬ ties and proceedings as the offenders; - Provided , however, that any person so arrested may be discharged from such arrest on payment to said Clerk, Marshal or Constable all penalties that may be annexed to any of said offences. Sec. 8. Be it further ordained , That it shall be the duty of the Harbor Master to superintend the public landing, and to cause all the provisions of any ordinance relative thereto to be carried into execution, and generally, to do and perform all duties therein enjoined on him, or that may hereafter be im¬ posed by any ordinance or resolution of the city council. Section 9. Be it further ordained , That the Fire Warden shall do and perform all the duties that may be required of him by any ordinance relating to the prevention and extin¬ guishment of fires within the limits of said city. Sec. 10. Be it further ordained , That it shall be the duty of the Sexton to attend to the digging of all graves in the ORDINANCES. 61 "’Quincy Cemetery,” the conveyance thereto of those to be in¬ terred therein, and the closing of the graves; keep a journal or a book, in which he shall record all interments, the time when made, the age and residence of the individual interred, and file a transcript therefrom in the office of the City Clerk on the first day of January, April, July and October, which transcript the city clerk shall record in a book kept for that purpose; and finally, to see that the enclosures and grounds of said cemetery are kept in good order and condition. Sec. 11. Be it further ordained , That it shall be the duty of the Wood Measurer, at all reasonable hours, to attend in any part of said city, when required, and then and there accurate¬ ly measure any fire wood that may be shown to him for that purpose, and give to any person requiring the same, a certifi¬ cate of the quantity so measured. Sec. 12. Be it further ordained , That it shall be the duty of the measurer of lumber and other building materials and mechanical work, at all reasonable hours, to attend in any part of said city, and then and there inspect and measure all such lumber and other building materials, and also measure such kinds of mechanical work, as may be shown to him for the purpose, and give to any person requiring the same a certifi¬ cate of any such measurement and inspection. Sec. 13. Be it further ordained , That the City Clerk, Clerk of the Market, Harbor Master, Marshal, Street Commissioner, School Superintendent, City Engineer, Sexton, and Treasurer, shall, before entering upon the duties of their several offices, give bond to the city of Quincy, with sufficient security, to be approved by the city council, in such sum as the council may direct, conditioned for the faithful discharge of their several duties; and each officer appointed by the city council shall also subscribe an oath or affirmation, that he will impartially and to the best of Iris judgment and ability discharge the du¬ ties of his office. Sec. 14. Be it further ordained. That any officer appointed by the city council may be removed by a majority of said council for incompetency, omny dereliction or violation of duty, on the complaint in writing of any inhabitant of said 02 ORDINANCES. city, or whenever the said council shall think the interests of said city require such removal: Provided, however, that no of¬ ficer shall be removed as aforesaid, until lie shall have notice of such intended removal and of the charge or charges pre¬ ferred against him, served on him by the City Clerk, and an opportunity to exculpate himself before said council. Sec. 15. Be it further ordained , That each officer herein mentioned, on his resignation, removal, or expiration of his term of office, shall deliver to his successor, all books, papers, or other property pertaining to such office. Sec. 16. Be it further ordained , That each officer herein mentioned shall receive such salary or other compensation for services as the city council may, from time to time, by ordi¬ nance or otherwise determine. Sec. 17. Be it farther ordained , That each and every officer of said city, receiving money belonging to said city, is hereby required, at each stated meeting of the city council, to render an account of all such money received, and whether the same has been paid into the treasury, unless there be a special provision to the contrary. Sec. 18. Be it further ordained , That whenever there shall be a vacancy in any of the offices provided for by this ordi¬ nance, or that may hereafter be provided for by any ordinance, by reason of resignation, removal or otherwise, the city council shall fill such vacancy at the next stated meeting thereof, un¬ less the interests of said city should sooner require. Sec. 19. Be it further ordained, That in the election or ap¬ pointment of all city officers by the city council, the candidate for each office who shall receive the highest number of votes shall be declared elected. Sec. 20. Be it further ordained , That it shall be the duty of the City Physician to attend professionally upon all city pau¬ pers, and also upon all persons who may be assisted by the Over¬ seer of the Poor, as contemplated in sections “ 4 and 5 ' of an Ordinance entitled “An Ordinance Relating to the Poor,” when thereto required by the Overseer of the Poor, and as their wants shall demand. Sec. 21. Beil further ordained , That whenever in the opinion ORDINANCES. G3 of the city council or of the Mayor, it may be necessary to employ counsel to act on behalf of the city in any suit, prose¬ cution, or other matter, the Mayor may employ such counsel, who shall be paid a reasonable compensation out of the city treasury. Sec. 22. Be it further ordamed, That it shall be the duty of the Superintendent of Schools, to take the charge and di¬ rection of public schools within the city, in manner provided by ordinance, and to perform such duties as may be required of him by the city council. NO Y. An Ordinance Relating to Licenses. Sec. 1. Shows and public entertainments prohibited without license. 2. Stores, Broker and Exchange Offices, Taverns, Peilers, and Auctions. 3. What considered a public show. 4. How license obtained. 5. Temporary license how obtained. 6. Clerk may grant. 7. Penalties for not obtaining license. 8. Auctioneers to be licensed. City Council may cancel. To give bond. 9. Auctioneers to make report of sale3. Contents of report. Commissions to city. 10. Penalties. Sale of wine, spirituous and malt liquors and cider, prohibited. Section 1. Be it ordained by the City Council of the city of Quincy , That no person shall set up any public show or exhi¬ bition, within the limits of said city, without having first ob¬ tained a license therefor from the citv. «/ Sec. 2. Be it further ordained , That no person shall set up or keep any store, place for the sale of any kind of merchan¬ dize, or ordinary, broker, pawn-brokers’ exchange, loan or money exchangers’ office, or hawk or peddle any goods or merchandize or sell any goods or merchandize or other prop- 64 ORDINANCES. erty at auction, or keep any tavern within the limits of the city, without having first obtained a license therefor from said city. Sec. 3. Be it further ordained , That all public shows, exhi¬ bitions and entertainments, or other public meeting, where pay for admittance shall be required, except ladies’ fairs, li¬ brary lectures and concerts of music by citizens of Quincy, shall come within the provisions of the first section of this ordinance. Sec. 4. Be it further ordained , That the city council, at any meeting thereof, may "grant a license for any of the fore¬ going purposes, on a written application therefor, which appli¬ cation shall specify the business for which a license is desired, the average amount of stock, when the application is for a store license, and the place where said business is to be car¬ ried on; and the applicant shall pay for such license such a sum as the city council may determine : Provided , that if busi¬ ness is carried on in a different place or manner, or to a greater amount than that stated in the license, the city council are hereby authorized to require such additional sum as they may think proper, which additional sum shall be paid to the city Clerk on demand; and if any such licensed person shall fail to pay the same on such demand, the same shall be collected as debts in other cases, or the city council may cancel such license. Sec. 5. Be it further ordained , That whenever any person shall wish to procure a license for any of the purposes men¬ tioned in this ordinance, for a less term than three months, he shall file with the city clerk an application as specified in the fourth section of this ordinance, which the clerk shall pre¬ sent to the city council, if in session, and if not in session, to the Mayor, and in case of the absence or inability of the Mayor the Clerk shall determine the amount to be paid by the applicant, and upon the payment thereof and fees, the city Clerk shall issue to the applicant a license as in other cases. Sec. 6. Be it further ordained , That the city Clerk, when the city council shall not be in session, on the proper applica¬ tion and upon the payment to him of five dollars for the use ORDINANCES, Kb Ordinance. 6. Mayor may cause to be killed. Section 1. Be it ordained by the City Council of the City of Quincy , That no dog or slut kept within the limits of said city, shall run at large within said limits, unless the owner thereof shall put upon the neck of such dog or slut a collar made of metal, or a collar having a metallic plate affixed thereto, on which the name of such owner shall be inscribed in plain letters, and unless such owner shall also give his name and a description of such dog or slut to the Police Constable, who shall register the same in a book kept for the purpose, and at the same time pay to said Police Constable a tax of one dollar for each and every dog, and live dollars for each and every slut by him kept and suffered to run at large, and thereafter annually pay a like tax on such dog or slut; and the Police Constable shall, after deducting the fee for registry, pay the balance of such tax into the treasury, taking a receipt therefor. Sec 2. Be it further ordained , That every dog or slut run¬ ning at large contrary to the provisions of this ordinance, shall be deemed a nuisance, and the owner thereof shall for¬ feit and pay for the use of said city the sum of live dollars. Sec. 3. Be it further ordained , That every dog or slut run¬ ning at large contrary to the provisions of this ordinance, shall be killed by or under the direction of the Police Consta¬ ble, and for which he shall be paid out of the City Treasury, fifty cents for each dog or slut so killed. ORDINANCES. 75 Sec. 4. Be it further ordained , That no person shall in any way prevent, or attempt to prevent the Police Constable, or any person acting by his direction, from performing any duty required by this ordinance; and every person so offending shall forfeit and pay for the use of said city, not less than ten dollars, nor more than twenty-five dollars for every such offence. Sec. 5. Be it further ordained, That this ordinance shall not apply to any dog or slut under the age of two months, or to any dog or slut brought into the city by its owner, such owner not being a resident, until such dog shall have been in the city three days at least. Sec. 6 . Be it further ordained , That the Mayor may from time to time, on an alarm of mad*dogs, in his discretion pro¬ hibit, by notice in some public newspaper, all dogs from run¬ ning at large within the limits of the city, and may appoint, deputies with authority to kill all dogs or sluts running at large within the city; and such prohibition shall continue so long as the public safety, in the opinion of the Mayor, may require; and such prohibition shall remain in force until the Mayor shall give public notice of the discontinuance thereof. 76 ORDINANCES- NO. X. An Ordiance relating to Swi?ie Running at Large. Sec. 1. Hogg and Pigs rnnoing at large declared nuisances—penalty therefor. 2. City Marshal to take up and confine all such Hogs and Pigs— if not redeemed to be disposed of—Marshal may employ help —interference with Marshal in performance of his duty pro¬ hibited, and penalty. 3. Hog or Pig to be restored on payment of penalty and fee—if not redeemed, how sold—sale not to release owner from pen¬ alty and costs. 4. Money received from sales, how disposed of—fees of Marshal. 5. Additional fee to Marshal. 6. No bidder at sale, Marshal to bid in the Hog or Pig for fees— owner may redeem. 7. How advertised. Section 1. Be it ordained by the City Council of the city of Quincy , That every hog or pig found running at large in any street, lane, avenue or alley of said city, or in any uninclosed place within its limits, is hereby declared a nuisance; and the owner of each and every such hog or pig shall forfeit and pay, for the use of said city, the sum of one dollar for every twen¬ ty-four hours such hog or pig shall run at large. Sec. 2. Be it further ordained , That the City Marshal is hereby required to take up and coniine in a secure pen, pound or other place provided by him for that purpose, every hog or pig found running at large, and retain the same at least twen¬ ty-four hours; and if not redeemed within said twenty-four hours he shall dispose of them as hereinafter directed; and the said Marshal in the performance of the duties required by this ordinance, may employ at his own expense all necessary aid; and any person who shall prevent, or attempt to prevent said Marshal, or those employed by him, from performing any of the duties required by this ordinance, shall forfeit and pay, for the use of said city, not less than ten dollars, nor more than twenty-five dollars, for every such offence. Sec. 3. Be it further ordained , That if the owner of any such hog or pig shall, within twenty-four hours after the same ORDINANCES* 77 is taken up, pay the City Marshal the penalty herein provided and the fee for taking up and keeping the same, such hog or pig shall be restored to the owner; and if the owner does not redeem the same within said time by payment aforesaid, the City Marshal shall, within the next twenty-four hours, expose and sell the same at public auction to the highest and best bid¬ der, for cash, between the hours of nine and ten o’clock in the forenoon at the place of confinement; Provided, however, that the sale of any such hog or pig shall not release the owner from the penalty and costs incurred for permitting the same to run at large. Sec. 4. Be it further ordained, That the money received on the sale of any such hog or pig, after deducting the penalty and twenty-five cents for taking up and keeping, and fifty cents for selling such hog or pig, shall be paid to the owner thereof on application to the City Marshal within six mooths after such sale; but if no application is made, the balance over and above the Marshal’s compensation shall be paid to the Treasurer, for the use of the city- Sec, 5. Be it further ordained , That the City Marshal, in addition to the foregoing fees, is hereby authorized to retain, as fees, one half of all money by him received as penalties un¬ der this ordinance, and required to pay the balance into the treasury. Sec. 6. Be it further ordained , That if no person shall bid at any sale the whole amount of costs for taking up, keeping and selling, provided for in this ordinance, it shall be lawful for the City Marshal for himself, to bid thereon for the amount of his costs and charges; and, no one bidding more, the property offered shall be struck off to the Marshal as in other cases. And the owner of any hog or pig taken up; as aforesaid, may redeem the same at any time before sale of the same, as pro¬ vided for in the third section of this ordinance- Sec. 7. Be it further ordained, That the City Marshal shall, before selling any hog or pig under this ordinance, advertise the same by a written or printed notice, giving a description of the property and the time and place of sale, posted up at the front of the court house in said city for at least twenty-four 78 ORDINANCES. hours before the time of sale, and said Marshal may in his dis¬ cretion, adjourn such sale from day to day, if necessary to get bidders. And, if said Marshal have reason to believe that any hog or pig so taken up, is owned by any person residing with¬ out the limits of the city, it shall then be his duty to advertise the same, as aforesaid, for forty-eight hours. NO. XI. * Jin Ordinance Relating to Filling up of Lots and Abating Nui¬ sances. Sec. 1. Owners to heep lots with grade. Declared nuisance when. Owner to fill up. Penalty for failure. 2. Lot may be sold for filling up. City may fill up. May sell for expense. 3. Mode of procedure and costs. Section 1. Be it ordained by the City Council cf the city of Quincy , That it shall be the duty of all owners of lots within the limits of the city, to keep the same and the surface there¬ of of such level and height as will cause the water to run therefrom to and along the grade of some adjoining street, alley, culvert or sewer erected under authority of the city. And whenever, from whatever cause, whether from erecting or grading streets, alleys, or sidewalks, under authority of the city, or from any other cause, any lot or part of lot shall be below the grade of the adjoining streets, alleys or sidewalks, so that the water thereon will not run oft* the same and from the surface thereof, but shall thereon stand and remain, whether stagnant or not, such lot or part of lot, in such condition, and in such quantity, as held or owned by any person or persons at the time of the commencement of such nuisance, is herebv declared to be a. public nuisance. And the owner or owners thereof shall forthwith cause such nuisance to be abated, by filling up the ground where the water may remain and stand, to such height as will cause such water to run off such lot or part of lot through and along said street, alley, culvert or sew¬ er erected under authority of the city. And every such owner ORDINANCES. Tsr or owners who shall fail so to do, for the period of ten days, shall forfeit and pay to the city of Quincy, for each and every ten days lie or they shall permit such nuisance to remain una¬ bated, as aforesaid, not less than five nor more than one hun¬ dred dollars. Sec. 2. Be it further ordained , That in case the owner or owners of any such lot or part of lot shall fail to cause any such nuisance to be abated, as aforesaid, the city Council may cause to be advertised and sold by the city Clerk, such lot, or any portion thereof, to any person who shall bid the least quantity of such lot for the abatement of such nuisance, in manner aforesaid; and the city Clerk shall execute to the pur¬ chaser a deed for the portion of such lot sold upon the order of the city Council, such nuisance having been lawfully abated, in manner before mentioned, by such purchaser; and in case of any such nuisance upon any lot or part of lots, and of failure of the owner or owners thereof to abate the same, as aforesaid, the city Council may, if deemed advisable, cause an assess¬ ment of the expense of abating such nuisance to be made by the city Engineer, which assessment shall be made in writing, returned to, and recorded by, the city Clerk in his office. The assessment aforesaid shall exhibit the total expense of abating such nuisance, and in case the same shall be upon the premises of more than one person, and known to said Engineer, said assessment shall exhibit an apportionment of such assessment upon each lot or part of lot, as the case may be, owned or claimed by different persons, as aforesaid, according to tho estimated expense of filling or other work necessary upon each for the complete abatement of such nuisance, or the portion thereof to which such assessment may relate; and the city Council may cause such nuisance, or any portion thereof, to bo abated by filling up or otherwise, at the expense of the city. Each lot and part of lot upon which such assessment shall be made, as aforesaid, shall be sold by the city Clerk for tho satisfation of the assessment aforesaid made upon them respec¬ tively, unless paid by the owner thereof, and such assessment shall constitute a special tax thereon according to the appor¬ tionment thereof, and shall be a lien, together with the costs of •80 ORDINANCES, sale, upon every such lot or part of lot from the time of the recording of such asssessment, as aforesaid. Sec. 3. Be it further ordained , That the sales provided for in this ordinance, shall be made upon the same notice and in the same manner, except that the Clerk shall make the sale, and the same right of redemption shall exist as is provided for in cases of sales for city taxes under the revenue ordinances of the city in force at the time of such sale, but a deed shall be executed to the purchaser upon his complying with the terms of sale, without further delay. The Clerk shall be entitled to the same fees and costs as may be allowed in similar cases by the ordinance last mentioned, when not otherwise provided for. NO. XII. Jin Ordinance relating to Streets , Alleys and Side Walks, and Street Superin tendent. Sec. 1. When owners petition, damages released. 2. Paving and grading of Sidewalks. 3. Same to he done or paid for by owner. How done. 4. How special tax levied and collected. Proviso in case of in¬ fants. 5. How sidewalks r'paired. Owner failing, city to repair and collect off lot. 6. Earth not to be removed from sidewalks or streets without permission. 7. General duties of Street Superintendent. Sr. Commiss’r to be. 8. How contracts let and bids for opened. 9. City Council to act on bids and determine rights. 10. Bonds to be given by contractors. 11. How claims against the city allowed. Auditing Committee appointed; their duties. Clerk’s duties. No claim paid until audited. Sec. 1. Be it ordained by the City Council of the city of Quincy , That in any case when any or all the owners shall petition for the opening, altering, ^extending, or widening of any street, alley or avenue, the city council shall cause the same to be done, if deemed by them advisable, but such pet i- ORDINANCES. 81 tion shall be taken as a release of all damages by the several petitioners. Sec. 2. Be it further ordained , That whenever it shall be¬ come necessary and expedient to pave and grade the side¬ walks on any street, avenue or alley, or any part thereof, with¬ in the limits of said city, the city council shall pass an order to that effect, which order shall set forth the particular locality where such paving and grading is required to be done, and the time that is allowed for completing the same; and the pub¬ lication of such order in the paper selected by the city council to publish their proceedings for the time being, shall be deem¬ ed a sufficient notice to the owner or holders of lots fronting on any such street, lane, avenue or alley, where any such paving and grading is to be done as therein specified. Sec. 3. Be it further ordained That all such paving and gra¬ ding shall be done in conformity with the grade of the street, lane, avenue or alley, under the direction of the Street Com¬ missioner; and all expenses of paving, grading and repairing of any sidewalk shall be paid by the owners or holders of lots fronting where such paving, grading or repairing is to be done. Sec. 4. Be it further ordained , That if the owner or holder of any lot or part of lot shall neglect to grade or to pave his sidewalk, in conformity with the order of the city council pub¬ lished as aforesaid, the Street Commissioner shall contract for the same to be done at the expense of the city, and shall make his report of the expense thereof to the city council, and the city council shall levy a special tax on such lot or part of lot respectively, in front of which the Street Commissioner may have contracted for any such grading or paving which tax shall be of sufficient amount to cover the expense thereof, to¬ gether with all costs and expenses connected therewith; and immediately after such levy the city clerk shall advertise and sell the same, or so much thereof as may be necessary to pay the expenses and costs of such grading or paving and costs of sale. The advertisement and sale shall be conducted accord¬ ing to, and governed by the ordinances of the city in force at 6 32 ORDINANCES. the time of such sale, relating to the city revenue from taxes, and the same rights of redemption shall exist as may be pro¬ vided for by such ordinances; Provided , however, that when any such lot, or part of lot is wholly or in part owned by a minor heir, and the guardian of such minor heir shall, by a pe¬ tition to the city council, establish the fact of such minority and of his authority to act as guardian, and desire to make any special contract with said city council for having any such paving or grading done, the said city council are hereby au¬ thorized to instruct the Mayor, to enter into such contract; and a memorandum of the terms of such contract, so author¬ ized to be made, shall be entered upon the journal of the coun¬ cil, and the further stipulation, that if the first payment of any such contract is not punctually made, the city council shall x then proceed to levy a special tax as aforesaid, covering the amount of such contract, interests and costs, and the same pro¬ ceedings shall be had as if no such contract had been made. Sec. 5. Be it further or darned, That whenever any repairs may be necessary to be made on any sidewalk, the owner or holder of the lot fronting thereon, or his agent, shall be noti- tified by the Street Commissioner in writing thereof, which notice shall set forth as near by as may be, the nature and extent of the repairs required to be made; and if any such owner, holder or agent shall fail to have such repairs made within ten days after notice as aforesaid, or should the Street Com- missioner be unable by reason of there being no such owner, holder or agent a resident of the city to give such notice, he shall proceed as in cases of failure to pave and grade side¬ walks, and the city council shall levy all necessary taxes, and cause the same to be collected in the manner prescribed in the preceding section. Sec. 6 . Be it further ordained , That no person shall be per¬ mitted to remove the earth or substance from the sidewalk of any street, alley or avenue, nor from any street, alley or ave¬ nue of the city, thereby leaving such sidewalk below the estab¬ lished grade, nor be permitted to fill any such sidewalk, street, alley or avenue above the said grade without special permis- ORDINANCES. 83 sion from the Street Commissioner. Every person violating this section shall forfeit and pay to the city of Quincy not less than one nor more than one hundred dollars. Sec. 7. Be it further ordained , That the Street Commission¬ er of the city shall be superintendent of streets and all public works and improvements of the city, and he may appoint a deputy, with the consent of the city council, who shall dis¬ charge the duties which may be assigned him by the Street Commissioner and shall be under his direction. It shall be the duty of the Street Commissioner to see that the streets, alleys, avenues and sidewalks of the city are kept in repair and free from obstruction, and may for that purpose, at all times, call to his aid the City Marshal and Police Consta¬ ble, to contract for the grading and opening of streets and re¬ pairing the same; to contract for the grading, paving and re¬ pairing of sidewalks, when the owners or holders of the lots fronting on the same, fail to do such grading, paving or re¬ pairing, and to make report to the city council in writing of the costs of all such grading, paving and repairing, fronting on the lot, premises, or part of lot of each owner, giving a de¬ scription of each lot or part of lot and the owner’s name; to superintend all grading, paving and other works and improve¬ ments of the city, or done by the city; to make, order or con¬ tract for the repair or improvement of any street, alley avenue, or any other improvement or matter relating to the public highways of the city; and generally to take charge of, and su¬ perintend all public property, improvements, works or other enterprise of the city, not otherwise specially provided for Sec. 8. Be it further ordained , That in making any con¬ tract under this ordinance, or under any resolution of the city council, the Street Commissioner shall, if the amount thereof exceed fifty dollars, give notice to contractors of the work or improvement to be made, by a notice thereof published for ten days in some newspaper published in the city, or by hand bill, unless in case of emergency, when such notice may be dispens¬ ed with, and whenever the amount of such contract exceeds one hundred dollars, a like notice shall be given for fifteen days, unless in case of emergency, when, with consent of the 84 ORDINANCES. city council, such notice and the bidding hereinafter mentioned may be dispened with, particularly describing the work or im¬ provement to be let and contracted for, and requesting all per¬ sons, by a certain day and hour, to deposit with the city clerk any bid they may wish to make in writing and sealed; which said sealed bids shall, after the lapse of the time for bidding, be opened by the city clerk in the presence of the city council, or of the Mayor, and at least three Aldermen. Sec. 9. Be it further ordained , That the bids in the last section of this ordinance mentioned, shall be laid before the city council as soon as practicable thereafter, and the city council shall determine who is the lowest bidder, and to whom the work of improvement bid for shall be awarded. If, how¬ ever, the city council should deem it advisable not to accept any bid made they may do so, and shall thereupon direct no¬ notice to be given anew, or may make such other order in the premises as to them may seem most to the interest of the city. Sec. 10. Be it further ordained , That the notice for sealed bids, provided for in this ordinance, shall also notify all per¬ sons that no bids will be noticed unless the same be accompa¬ nied with a written guaranty of some responsible person; that should the bid be accepted, the bidder shall forthwith enter into sufficient bonds with security to be approved by the Street Commissioner or city council, conditioned for the performance of his contract, to perform such work or make such improvement according to the tenor of his said bid. And when any contract of any kind shall be made under this ordinance, or any resolu¬ tion of the city council, when the amount thereof exceeds fifty dollars, the party contracting shall give bond to the city in such sum as the Street Commissioner or city council may re¬ quire and with sucurity to be approved by the Street Commis¬ sioner or city council, conditioned for the due and faithful performance of the work or improvement undertaken, and which said bond shall set forth the contract between the city and the party contracting to do the work or make the im¬ provement. Sec. 11. Be it further ordained, That no claim or demand against the city, unless the same be due by bond of the city. ORDINANCES. 85 for salaries of offices of the city, or of such a nature as to re¬ quire only payment, the amount being certain, fixed and fully liquidated as to amount, or capable of being reduced to cer¬ tainty by computation only, shall be paid without having first been examined, ascertained and certified to by the auditing Committee hereinafter provided for, and also ordered to be paid by the city council. The city council shall so soon as practicable appoint an auditing committee for the purpose aforesaid, to consist of one Alderman from each ward who shall hold his office until the next annual organization of the city council- and such committee shall be appointed at each annual organization aforesaid, or so soon thereafter as practi¬ cable, from year to year. It shall be the duty of the city clerk to lay before said committee all such claims presented for al¬ lowance, and said committee shall examine the same, and the proofs and allegations made, and may require special proof, and shall audit, allow or disallow as the rights of the parties and justice may require, and shall make report thereof in wri¬ ting to the city council at each meeting thereof, which report shall be filed by the city clerk, and acted upon by the city council so soon as practicable thereafter. NO. XIII. An Ordinance Regulating the Quincy Cemetery<. Sec. 1. Land appropriated for a Cemetery. 2. Certain Divisions made into lots, &c. 3. Certificate to purchasers of lots and deed—forms thereof. 4. Interments, how made—fencing, &c., of lots regulated* 5. Fees for digging graves, &c. 6. Sexton to have charge of Cemetery. 7. Cemetery funds, how applied. 8. Penalty for digging graves without permission. 9. Trespassers, how dealt with. 10. Credit to be given. Notes to be collected. Section 1. Be it ordained by the City Council , of the City of Quincy, That the tract of land purchased of B. B. Kimball 86 ORDINANCES. for a burial place, and particularly described in a deed from said Kimball to the President and Trustees of the town of Quincy and their successors in office, recorded in the Re¬ cords of deeds in the county of Adams, book K. page 154, be continued for that purpose only, and called the “ Quincy Ceme¬ tery ,” and so designated in all certificates and bonds to pur¬ chasers of lots therein. Sec. 2. Be it further ordained , That said tract of land shall be divided and set apart, as heretofore, to-wit: so much there¬ of as is included in the lots numbered from One to Three Hun¬ dred and Twelve , in the north and south divisions according to the survey thereof, shall be subject to entry and sale at ten dollars for each lot, one half to be paid in hand and the bal¬ ance in six months; so much thereof as is designated in said survey as the “Potter’s Field ,” shall be for the interment of strangers and other persons, whose friends may so desire, on application to the Sexton, and the payment to him of one dol¬ lar toward the Cemetery fund, and so much of the said Pot¬ ter’s Field, as is designated as “ Strangers Ground,” shall be ap¬ propriated to the burial of individuals without charge. Sec. 3. Be it further ordained, That every person purchas¬ ing a lot as aforesaid, on payment of the first instalment, shall be entitled to a certificate in the following form to-wit: “Received at Quincy, this day of A. D. 18 Five Dollars, being the first instalment for Lot No. in the “Quincy Cemetery/’ and on payment of a further sum of Five Dollars to the city clerk of said city of Quincy, the said will be entitled to a deed of said lot. City Clerk.” which certificate shall be signed by the city clerk, and entry made of all such sales made by him in a book kept for that purpose, specifying the number of the lot, the name of the pur¬ chaser, the price thereof, and date of the sale. On payment of the last instalment as herein provided, the purchaser shall receive a deed of the lot purchased, to be made and executed by the Mayor in the following form to-wit: “Know all men by these presents, that the city of Quincy, in the county of Adams and State of Illinois, in consideration ORDINANCES. 87 of Ten Dollars, paid by tlie receipt whereof is hereby acknowledged, has granted, bargained and sold, and does hereby grant, bargain, sell and convey unto the said his heirs and assigns forever, Lot No. in the “Quincy Cemetery ,” a plat of which will be seen by reference to the re¬ cords of said Adams county, in book K. page 154. ‘‘To have and to hold said Lot No. to him the said his heirs and assigns forever for a burial place, and for no other purpose whatever, and subject to such regulations as shall be established by the city council in relation to said Cemetery; Provided , that such regulations shall not be repug¬ nant to the spirit and intent of a deed of said land from Ed¬ ward B. Kimball. In testimony whereof, I, Mayor of said [seal] City of Quincy, have hereunto set my hand and caused the seal of said city to be affixed, this day of A. D. 185 . Mayor. “ State of Illinois, ( 7 r RS Adams County, f ‘ m, . ^ J J I his day personally appeared Mayor of said city of Quincy, personally known to me to be the person who executed, and whose name is subscribed to the foregoing deed, and acknowledged the same to be his free act and deed for the uses and purposes therein expressed. J. P. [l. s.]” Sec. 4. Be it further ordained , That all interments on pri¬ vate lots, or other parts of the cemetery, shall be made at least four feet deep, and the grave dug at least four and a half inches within the line of the lots; and all fencing, vaults or ornaments that may be erected by individuals on their lots shall be so erected as not to obstruct any of the alleys, walks or access to any of them; Provided , that any owner, in erecting a wall to enclose his lot, may build the same so as to extend a part, not more than four and a half inches on the adjoining lots. Sec. 5. Be it further ordained , That the fees for the digging of graves, and for interments, shall be as follows, to wit: For each interment on private lots, two dollars, to be paid to the 88 ORDINANCES. sexton from the estate of the deceased; for each interment in the “Potter’s Field’’ two dollars, to be paid in like manner, and where there is no such estate, or any individual liable therefor, the same shall be paid to the sexton from the city treasury; Provided , that in all cases where the sexton docs not attend the corpse from the residence of the deceased to the burial place, the fee shall be one dollar. Sec. 6 . Be it jurther ordained, That the cemetery shall be under the care and supervision of the sexton, subject to the order of the city Council, for which lie shall receive a reasona¬ ble compensation. Sec. 7. Be it further ordained , That all funds (according to the provisions contained in the deed from said Kimball,) aris¬ ing from the sale of cemetery, lots, or otherwise, after defray¬ ing the cost of the cemetery, shall be appropriated to the pay¬ ment of the taxes, current expenses and improvements thereof. Sec. 8. Be it further ordained , That any person who shall dig any grave in the cemetery, except under the direction of the sexton, shall forfeit and pay, for the use of said cemetery, the sum of five dollars for every such offence. Sec. 9. Be it f urther ordained , That if any owner of a lot or lots in the cemetery shall trespass upon the rights of any other owner or owners of a lot or lots therein, or on any of the walks, alleys, or grounds therein, or shall refuse or neglect to comply with the regulations of said cemetery, he shall be lia¬ ble for damages in an action by said city of Quincy, before any court competent to try the same. Sec. 10. Be it further ordained , That any person wishing to purchase a lot in the Quincy cemetery, and who shall be unable at the time of application to make payment therefor, shall be permitted to execute and deliver to the city Clerk for the use of the city, a note with good security, to be approved by the city Clerk, payable three months after date. And if such purchaser shall pay one-half of the purchase money down, he shall have six months’ credit on the other half, by giving note and security as aforesaid, and in either case shall be enti¬ tled to a deed for the lot purchased, when paid for. And it ORDINANCES. 89 shall be the duty of the city Clerk to cause to be collected, when due, all notes which shall be executed, or may hereto¬ fore have been executed for burial lots in said cemetery, and the proceeds thereof to account for to the city Council. NO. XIY. On Ordinance relating to Woodland Cemetery. Sec. 1. Deeds for Lots to bo made by Mayor. 2. Injuring fence, trees, shrubs, or any other thing of Cemetery. Amusements. Disorderly conduct. Turning in animals. Us¬ ing profane language. Disturbing persons. Penalty for. Quincy Cemetery. Section 1. Be it ordained by the City Council of the city of Quincy , That the Mayor of the city is hereby authorized and required to execute in the name of the city of Quincy and under the corporate seal thereof, any deed or deeds to any pur¬ chaser or purclirsers of burial lots in IVoodland Cemetery, od. the written request of John Wood or his agent duly authorized by him to sell lots in said cemetery, the said John Wood or his agent preparing such deed or deeds ready for execution, and paying the expense accrued thereby. Sec. 2. Be it further ordained , That any person who shall break down, deface, hack, or in any manner injure the fence or enclosure of said Woodland Cemetery, or who shall tear down, deface, or in any manner injure any lot, enclosure, tomb stone, material erected at any grave, or any shrub, bush, flow¬ ers, or other thing or ornament within said cemetery, or who shall cut, hack or deface any tree or shrub, post, or in any manner injure the same, or any other thing of, standing on, or being within, said cemetery, or who shall in any manner injure the grass, herbage, streets, walks, ornaments, or other thing of said cemetery, whether belonging to the city, or private pro¬ perty, or who shall leave open any gate of the enclosure of the same, or of any private burial place therein, the same being done wilfully, negligently, or carelessly, or who shall therein 90 ORDINANCES. engage in any sports or amusements, who shall turn any beasts or animals therein, or who shall therein congregate for sports, plays, or amusements, or who shall therein conduct in a boisterous, rude, or indecent manner, or ill-treat any person therein, or therein use profane or indecent language, or in any manner disturb therein any burial party, or individual there being for lawful purpose, shall forfeit and pay to the city of Quincy, for every such offence, a sum not less than one, nor more than one hundred dollars. This section shall also apply to the Quincy Cemetery. i NO. XY. An Ordinance Relating to the Prevention and Extinguishment of Fires. Sec. 1. Fire Warden shall appoint two Assistants to each Ward. Their duties. Absences provided for. *-2. FireWarden to inspect stoves, fire places. &c., semi-annual¬ ly, or oftener. if required. Notify persons to make repairs. 3. Stoves, fire-places, &c., that may be unsafe, not to be used, after inspection, until repaired. Penalty. Provision for ap¬ peal to City Council. 4. Hay, straw, &e., not to be stacked within one hundred feet of any buildiDg. Penalty. 5. Fires in frame buildings having no chimney, &c., prohibited. Penalty. 6. Fire Warden to have charge of ladders, fire-hDoks, and other fire apparatus, except engine. Keep them in repair. Penal¬ ty for taking without leave of Warden. 7. Fire Warden and Assistants, on alarm of fire, to repair imme¬ diately to place thereof, and direct efforts for extinguishing the same, &c. Authorized to command aid. Penalty for re¬ fusing to obey. 8. Powers of Fire Warden and Assistants at fires. 9. FireWarden or Assistants to examine houses and tenements, and report breaches of this ordinance. Section 1. Be it ordained by the City Council of the city of Quincy , That the Fire Warden shall, by and with the consent of the city Council, immediately after his appointment, appoint ORDINANCES. 91 a first and second assistant Fire Warden for each ward in said city, which assistants shall do and perform any of the duties devolving on the Fire Warden, whenever he shall direct; and whenever the Fire Warden shall not be present at any fire in said city, the assistants, in their respective wards, shall perform his duties, according to their seniority; and should the Fire Warden and both assistants in the ward in which the fire occurs, be absent, in that case the duties of Fire Warden shall be per¬ formed by the assistants of the adjacent ward according to seniority, and in case of their absence, by the assistants of the remaining ward according to seniority. Sec. 2. Be it further ordained , That the Fire Warden, or his assistants by his direction, shall, immediately after their appointment, in April, and also in November, or oftener if thought proper, inspect all stoves, fire-places, and other places in which fire may be kept in said city, and all stove-pipes, chimneys, funnels, or other apparatus therewith connected, for the purpose of ascertaining whether the same are so fixed as not to endanger the building in which the same may be, or to which they may be attached, or to endanger any other building in the city; notify the occupants to make all necessary repairs, and see that the same are done within a reasonable time; and any such inspection shall be made, on the request of any citi¬ zen at any time, for the purpose of ascertaining the safety thereof. Sec. 3. Be it further ordained , That whenever, in the opin¬ ion of the Fire Warden or of his assistants acting under his direction, any stove, fire-place, or other appurtenances for the conducting of smoke or heat from any such place, may be in such a state as to render the keeping of fire therein unsafe, he is required to order the occupant of the building in which the same may be, or with which the same may be connected, to discontinue the making of fire therein, and to make all neces¬ sary and proper repairs to render the keeping of fire therein safe, in the opinion of the said Fire Warden or his assistant inspecting the same; and if any person shall make afire there¬ in, and neglect to make such necessary repairs, after being 92 ORDINANCES. ordered so to do as aforesaid, the occupant of any such build¬ ing shall forfeit and pay, for the use of said city, the sum of ten dollars for every twenty-four hours the same may remain with¬ out such repairs being made, and used as aforesaid : Provided , however, that any person, feeling himself aggrieved by the decision of the order of said Warden or assistant, as the case may be, may appeal therefrom to the city Council at the first . meeting thereof after notice as aforesaid; but in all cases, the order of said Fire Warden, or assistant, to discontinue the making of fire therein, shall be complied with until the final decision of the city Council on such appeal. Sec. 4. Be it further ordained , That no person shall, within the limits of said city, stack or cause to be stacked, any hay, straw, or other combustible material within one hundred feet of any building where fire may be kept; and every person so offending shall forfeit and pay, for the use of said city, the sum of five dollars, and five dollars for every twenty-four hours the same may be suffered to remain, after notice from the Fire Warden or assistants in the ward to remove the same. Sec. 5. Be it farther ordained , That no person shall build, make or kindle, or cause to be made or kindled, any fire in any frame building, plank or other temporary shed of lumber, or house made of plank or other lumber, without having a chimney, stove, or vault, in which to build, make or kindle such fire; and every person so offending shall forfeit and pay, for the use of said city, the sum of five dollars for every such offence. Sec. 6. Be it further ordained , That the Fire Warden shall take charge of all ladders, fire-hooks, and other fire apparatus belonging to said city, excepting fire engines, and see that the same are kept in proper order and condition, and in their proper place of deposit, when not in actual use, or undergoing repairs; and if any person shall take from said places of de¬ posit any such apparatus, except under the direction of the Fire Warden, to be repaired, or on the alarm of fire, except the fire engines, he shall forfeit and pay, for the use of said city, the sum of five dollars for each and every offence, and ORDINANCES. 93 five dollars for every twenty-four hours he shall neglect to return the same to its proper place of deposit, after being notified by the Fire Warden or assistant so to do. Sec. 7. Be it farther ordained , That the Fire Warden and his assistants shall, upon notice of the breaking out of any fire in said city, repair immediately to the place thereof, vigorous¬ ly exert their authority, and use their best endeavors to extin¬ guish the the same, and prevent the spreading thereof, and to preserve and protect the property endangered by the same; and all persons are hereby required to pay due respect and obedience to their commands; and any person who shall neg¬ lect or refuse so to do, shall forfeit and pay, for the use of said city, the sum of live dollars for every such offence; and the Fire Warden or any assistant so aggrieved, shall be a com¬ petent witness to prove such offence. Sec. 8. Be it further ordained, That during the continuance of any fire, the said Fire Warden and assistants are hereby empowered to command and require the services and assist¬ ance of any person for the purpose of extinguishing the same, and for removing household furniture, goods, wares and mer¬ chandize out of any building actually on fire, or in danger thereof, and to control and direct operations of all persons concerned in extinguishing the fire or removing property as aforesaid, and to appoint proper guards to take care of all property so removed; and also to command and require the services and assistance of any person for the pulling down or blowing up of any house or other bluilding, and to perform any other service for the purpose of extinguishing the fire and preventing the spreading thereof; and also to suppress any tumult or disorder that might arise during the continuance thereof. Sec. 9. Be it farther ordained , That the Fire Warden, or his assistants under his direction, from time to time, and at least once in every six months, shall visit and examine everv house and other tenement contemplated by this ordinance, and report to the Mayor all breaches of any provision of this ordi¬ nance, that every offender may be subjected to the payment of any penalty herein provided for. 94 ORDINANCES. NO. XVI. An Ordinance Regulating the City Market. Sec. 1, Market hours and days fixed. 2. Certain kinds of victuals and provisions to bo sold at Market during market hours—penalty for violating this section—ex¬ ception. 3. Leading, riding, or driving horse, &c., or vehicle into the mar¬ ket house, killing and slaughtering on market lot, depositing filth, &c., prohibited—penalty. 4. Wagons, &c., to be placed outside the sidewalk, and space to be left between—penalty. 5. Provisions for keeping market in proper condition—penalty for incumbering, &c. 6. Sale of sick and diseased animals prohibited—penalty. 7. Sale, and exposure to sale, of unsound articles, &c., pro¬ hibited—penalty. 8. Certain kinds of meat prohibited from being sold without particular representation— penalty. 9. None, except owner or occupant of stall, &c., to sell fresh meat by less quantity than the quarter—penalty. 10. Quantity of provisions purchased at Market limited—penalty. 11. Forestaling prohibited—penalty. 12. Sale of liquors about the Market prohibited—other prohibi¬ tions—exceptions and limitations—provisions for preserva¬ tion of health about the market—regulation about fires—pen- ties for violation of this section. 13. Penalties for selling by false weights—duty of Clerk of the Market in such cases. 14. Clerk of Market to prepare and post up rules and regulations in the market. 15. Clerk of Market to issue permits. 16. Persons prohibited from selling articles purchased at mar¬ ket. How vehicles to be placed. Penalty. 17. Clerk of Market to keep book—to make settlements with Council. To pay over money to City Clerk. Penalty. 18. Opening and closing of Market. 19. Regulations of market. 20. Duty of Clerk of Market. Who may sell in. Regulations of selling. 21. Farmers and producers may sell. 22. Sale of butcher’s stalls. Lease to be executed. Neglect to’ pay rent. Stand becoming vacant. 23. Penalties. ORDINANCES. 95 Section 1 . Be it ordained by the City Council of the City of Quincy , That the market of the city shall be open for the sale of all victuals and provisions from the dawn of day until ten o’clock, a. M., and from 4 o’clock, p. m., until dark, from the first day of April until the first day of October; and from the dawn of day until twelve o’clock in the forenoon, and from two o’clock until dark in the afternoon, during the remainder of the year, Sundays excepted. Sec. 2. Be it further ordained. That all victuals and provi¬ sions, whatsoever, offered for sale in said city, except all kinds of grain, flour, meal, bread, butter in firkins, or other vessels, exceeding fifteen pounds, nett weight, cheese, bacon, pork, by the hog, beef by the quarter, beef and pork by the barrel, or large casks, live cattle, sheep or hogs, shall be taken to the market-house, there to be sold at market hours; and any per¬ son violating this section, whether vendor or purchaser, shall forfeit and pay, for the use of said city, not less than one dol¬ lar nor more than five dollars for every such offence; Provided , That nothing in this section contained shall prevent any per¬ son from selling or purchasing any of the articles specified herein, out of market hours. Sec. 3. Be it further ordained , That no person shall lead or drive into the market-house, or on any sidewalk thereof, any horse or other beast, wagon, cart or carriage of any kind whatever, or kill or slaughter, within the limits of the market lot, any beast of the beef, sheep or hog kind, or lay thereon, or deposit any dirt, filth, garbage, dung or offal therein, under the penalty of five dollars, for the use of said city, for every such offence. Sec. 4. Be it further ordained , That no wagon, cart, dray, or carriage of any description, shall stand nearer the market- house than the outer edge of the sidewalk, and the} 7, shall be so arranged as to leave a space of at least three feet between them, and shall, in no case whatsoever, encroach on the pas¬ sage or avenues, passing to or from the market, under the penalty of two dollars, for the use of said city, for each and every offence. 96 ORDINANCES. Sec. 5. Be it further ordained , That no person shall bring or deposit upon the market lot, any nuisance, or any lumber, wood, logs, timber, stone, lime, sand, brick or earth, or any hogsheads, pipes, puncheons, barrels, casks, or kegs, not con¬ taining provisions intending to be sold at market in the usual way, or any boxes or crates containing merchandize, or other articles of merchandize, not intended to be sold in market in the usual manner, and every person so offending shall forfeit and pay, for the use of said city, the sum of five dollars for each and every offence, and a further sum in each and every ease, of ten dollars per day, for each and every day, that all or any of said articles or things shall remain upon said lot. Sec. 6. Be it further ordained , That no butcher or other person, shall sell, or expose to sale in the market, any sick or diseased live animal, usually eaten for food, and for the pur¬ pose and Avith the design, that the same shall be immediately used for food, knowing or believing the same to be sick or dis¬ eased; and every person so offending shall forfeit and pay, for the use of said city, a sum not less than five or more than fiftv dollars; Provided , that each and every sick or diseased animal so sold as aforesaid, shall constitute a distinct and separate offence, under the provisions of this ordinance. Sec, 7. Be it further ordained , That no butcher or other person, shall sell, or expose to sale in the market, any dead flesh or fish, which was sick, overheated, or worn or run down by dogs, at or before the time when the same was butchered or slain, or which hath died a violent or natural death, out of the usual manner of slaying animals, or hath been killed by accident, or casualty, or which is blown, stuffed, or in any Avay unsound; and no person shall sell or expose to sale, any un¬ sound eggs, butter, lard, or other damaged articles of provision; and every person so offending shall forfeit and pay, for the use of said city, a sum of not less than five, nor more than fifty dollars; Provided , that each person to whom such offenders shall have sold any of said unsound articles, shall constitute a sepa¬ rate and distinct offence in the vendor; Provided , also, that all articles exhibited in market, as though the same were in- ORDINANCES. 97 tended for sale, whether the same be sold or not, shall be, and is hereby declared to be an exposure of the same for sale, with¬ in the meaning of this ordinance; and Provided , further , that if an such offender shall be a butcher, owning or occupying a stall, bench or block, in the market-house, he shall forfeit his lease of said stall, bench or block, to said city, and shall never after be permitted to occupy any stall, bench or block in the market-house. Sec. 8. Be it further ordained , That no butcher or other person, shall sell or expose to sale in the market, the flesh of any bull, boar, ram, dog, cat, or the flesh of any animal not commonly deemed wholesome or fit food, without representing to all persons wishing to purchase, the nature and true quali¬ ty, character and name of such animal flesh; and every person so offending shall forfeit and pay for the use of said city, for each and every offence the sum of ten dollars; and if such of¬ fender be a butcher, and the owner or occupant of a stall, bench or block in said market, he shall forfeit the same to said city, and shall be subject to all the disabilities and penalties results ing from such disabilities which are imposed on butchers by this ordinance. Sec. 9. Be it further ordained , That no person or persons whatsoever, not being the owner or occupant of a butcher’s stall, bench or block in the market house, shall be permitted to cut up and sell, or offer for sale, any kind of fresh meat by less quantity than by the quarter; under the penalty of five dollars, for the use of said city, for each and every offence. Sec. 10. Be it further ordained , That no grocer, huckster^ or any other dealer in provisions shall purchase at market more than ten pounds of butter, nor more than six dozen of eggs, nor more than two dozen of chickens, nor more than fifty pounds of bacon hams, either by themselves or agents, before ten o’clock, a. m., every morning, and after four o’clock in the evening; and all persons bringing butter to market shall have the same weighed and sold by weight, and in no other manner under the penalty of not less than one, nor more than five dol¬ lars, for the use of said city, for every such offence. Sec. 11. Be it further ordained, That no butcher or other 7 £8 ORDINANCES. person whomsoever shall sell, or expose for sale, without the limits of the market, any victuals or provisions of any kind, which have been before purchased from any inhabitant of the country, bringing or who had brought the same to said city for sale, or within one mile thereof for sale, under the penalty of ten dollars, for the use of said city, for every such offence. Sec. 12. Be it further ordained, That no person shall be al- lowed or permitted to sell, retail, give away, or use any wine3 or spirituous liquors, or any ale, beer, porter, cider, or any brewed, fermented or mixed liquors or drinks, in or about the market house, or upon the market lot; nor shall any person be permitted to set up, or keep in said market house, or upon the lot, any table, board, or any contrivance for the purpose of eating or drinking at, about, or on the same, without the ex¬ press leave of the Clerk of the Market, which leave shall not extend beyond the regular market hours; nor shall any such table, board or contrivance be set up, or kept in or upon any other place than such place as shall be designate:! by said clerk; nor shall any person be permitted or allowed to retail or sell any meats, lisli, vegetables, bread or breadstuffs, in said market house, or on the lot, to be there used or eaten, with¬ out leave of said Clerk; nor shall any person be permitted or allowed to throw, place, or deposit in, or upon said market lot, or in the market house, any melon rinds or parings nor the rinds or parings of any fruit, potatoes, turnips, or other vegetables; nor shall any person be permitted to place or de¬ posit upon said market lot, or in said market house, any re¬ fuse, putrid or offensive animal or vegetable matter; nor shall any person be permitted to use or smoke any pipe or cigar in said market house, or upon said market lot, during market hours; nor shall any person during market hours, kindle, or burn upon said market lot, or in about said market house, any wood, turf, coal, or other matter, be kindled or burned on any other place on said lot, than such place designated by such Clerk,; Provided, however that it shall be lawful for any per¬ son, without leave, to kindle and burn charcoal upon said mar¬ ket lot, and in the market house, in close carthcrn or stone vessels; Provided t that such vessels, shall be. moveable,, and ORDINANCES. 99 shall only be used as aforesaid during market hours, and at such places and in sucli manner as the Clerk may direct, and so as to produce no inconvenience to persons being and pass¬ ing in and about the said market house; and any person of¬ fending against any of the prohibitions of this section, shall for each and every separate offence, forfeit and pay for the use of said city, the sum of ten dollars. Sec. 13. Be it farther ordained , That if any person selling any victuals or provision in said market house, shall sell to any other person any article by weight, by false weights, or sell or expose to sale, as having been correctly weighed, any such article, and as being of a certain weight, when in truth and in fact the same shall fall short thereof, it shall be the du¬ ty of the Clerk of the Market to take such article or articles into his possession, and sell the same at their true weight for the use of said city; and every person so offending shall also forfeit and pay for the use of said city, not loss than one nor more than ten dollars, for every such offence. Sec. 14. Be it further ordained , That the Clerk of the Mar¬ ket, shall under the direction of the Committee on Markets, form a set of rules for the government of the market, which rules shall exhibit all the prohibitions and penalties contained in this ordinance; also all regulations touching said market; in a short and condensed form, which rules shall be printed on a single sheet of good paper, in plain type, and shall be smoothly pasted upon boards or canvas, of sufficient size, and two, at least, constantly hung up, one at each end of the mar¬ ket house, and others, if necessary, in the centre thereof, to be kept and exhibited to all persons going to said market. Sec. 15. Be it further ordained, That it shall be the duty the Clerk of the Market to execute permits to all persons, au¬ thorizing them to sell eggs; lard, butter, cheese, fish, poultry, wild game, fruits and vegetables at the market house, or on the streets and sidewalks adjoining the same, according to the rules governing said market, upon the applicant paying to him for a stall in the market house or for a stand outside the mar¬ ket house for the season, such sum as the Committee on Markets may direct. 100 ORDINANCES. Sec. 16. Be it further ordained , That no person or persons shall sell, barter or exchange any eggs, lard, butter cheese, poultry, wild game, fruit or vegetables, which may have been purchased by him or them at market, before the hour of eight o’clock, A. M. on any day. All persons attending said market with any cart or vehicle, shall place the same so that the back end thereof shall be towards and at the side walk of said mar¬ ket, and no such cart or vehicle shall stand lengthwise of such sidewalk. Every person violating this section shall forfeit and pay to the city of Quincy not more than ten nor less than three dollars. Sec. 17. Be it further ordained , That it shall be the duty of the clerk, of the market to keep a market book, in which he shall keep a correct account of all permits issued by him showing the names of the persons to whom issued, the time the same respectively run, the amount received for each, the time the same issued and for what purpose, and also, of all moneys received by him as Clerk of the Market, of whom, in what amounts and when received; and shall exhibit the same to the city council and make full report to, and settlement with, the city council at each stated meeting thereof. He shall pay over all moneys due the city monthly to the city clerk, and take his receipt therefor, and the same exhibit to the city council on settlement with them- For any violation of this section or of any section of this ordinance, the clerk of the market shall forfeit and pay to the city of Quincy, not less than three nor more than ten dollars. Sec. 18. Be it further ordained, That the clerk of the mar¬ ket shall be provided with a bell, and it shall be his duty to announce, by the ringing of the bell, the closing of the market hours, at least ten minutes before the time of closing. Sec> 19, Be it further ordained, That every owner or lesseo of a stall or stand in the market; and every person occupying a place or stand in the market, shall within thirty minutes, af¬ ter the ringing of the bell, cause his provisions, wagon, cart, or other thing, to be removed from the market, to some conve¬ nient place, under the direction of the Clerk of the Market; and if the lessee of a stall or stand, he shall cause the same to ORDINANCES. 101 be thoroughly cleansed, and all offal, garbage and rubbish to be removed therefrom, and each butcher shall cause his tables, meat blocks, and other fixtures, to be thorougly scraped and cleaned daily. Sec. 20. Be it further ordained, That no provisions or other things shall be sold in the market, except during market hours. It shall be the duty of the clerk of the market to cause the market house and market place to be thoroughly cleansed and swept each day, and in the winter season to have the ice and siio# swept from the sidewalks and steps as often as may be necessary. No person not being the lessee of a butcher’s stall, shall sell or offer for sale in the market, any sausage or sausuge meat; and no other person other than farmers, not being the lessee of a butcher’s shall sell or offer to sell in market, any bacon hams, sides or shoulders. No person not being the lessee of a butcher’s stall, shall sell or offer for sale in the market, or any place within the limits of the city, any fresh meat in quantities less than one quarter. No butcher or owner or lessee of any stall or stand in the market, shall sell or offer for sale, any fresh meat, at any other place within the limits of the city, except at the market house, and there only during market hours. Sec. 21. Be it further ordained , That nothing in the prece¬ ding sections shall be construed to prevent any farmer or pro¬ ducer from selling his meat by the quarter, or any person who follows the business of packing beef or pork, from selling ba¬ con of their own curing, or spare ribs, and sausage meat in the winter months. No person not being the lessee of a butcher’s stall, shall cut and sell salted meat by the small quantity in the market. Sec. 22. Be it further ordained , That it shall be the duty of the committee on markets on the first Monday of April in each and every year, to establish and grade the prices upon butch¬ ers’ stalls in the market, and on the second Saturday of April said committee shall proceeed to lease at public auction to the 102 ORDINANCES. highest bidder, all the butchers’ stalls in the market, after hav¬ ing given public notice of the time and place of said leasing. Every person bidding of a stall, shall within three days thereafter execute a lease for said stall bid off by him.'provi¬ ded with two or more securities, to be approved by the com¬ mittee on market,s who shall be jointly bound with the lessee for the payment of the rents of the stall, monthly in advance. If the lessee of any stand or stall, on demand being made, shall fail or neglect to pay the rent thereof at the time the same shall become due bv the terms of the lease, such lease shall be thereby forfeited. Whenever any stall or stand shall become vacant, or the lease thereof forfeited, the Clerk of the Market may proceed to let the same for the unexpired term. Sec. 23. Be it further ordained, That every person offend¬ ing against any of the provisions of this ordinance, shall for¬ feit and pay for the use of said city, a sum not less than one nor more than twenty-five dollars for cacli and every offence, where not otherwise herein specially provided. NO. XVII. An Ordmance relating to the Establishment and Maintenance of Ferries. Sec. 1. No Ferry to he established and maintained without a license from the City Council — penalty. 2. Applica ion for license, how made—dnty of Ci f y Clerk, when license is granted — license may he revoked—payment for li¬ cense to be made to the City Clerk, who shall report the same and pay to Treasurer. 3. Persons licensed, to keepgood Steamboats—ferries regulated, Penalty for breach of this section. Rates of ferriage. 5. List of rates to be posted up on the Boat—penalty for re¬ ceiving higher rate. 6. Persons aggrieved, to make complaint to Mayor. Section 1. Be it ordained by the City Council of the city of Quincy , That no person shall hereafter establish and maintain ORDINANCES-. 103 a ferry across the Mississippi river to and from any point within the limits of said city, or keep and use any boat or oth¬ er craft for the purpose of conveying any person or property as aforesaid for hire, without having first obtained a license from the city council therefor; and every person who shall es¬ tablish and maintain a ferry, or keep and use any boat or oth¬ er craft as aforesaid, shall forfeit and pay, for the use of said city, for every such offence, a sum not less than five dollars, nor more than one hundred dollars. Sec. 2. Be it further ordained , That any person wishing to establish and maintain a ferry as aforesaid, shall make a writ¬ ten application to the city council for license so to do; and the city council, if deemed expedient, shall grant a license to the applicant on such terms as they may think proper, and the city clerk, on the payment of the terms so prescribed, shall make out and deliver to said applicant a license as aforesaid,, to be in force for the term of one year from the date thereof, subject however, to be revoked by the city council, whenever the appli¬ cant or any person managing said ferry shall violate any of the provisions, or neglect to perform any of the requirements of this ordinance, which condition shall be inserted in said li¬ cense. Every person on such license being granted, shall pay to the city clerk the sum required by the city councii to be paid therefor, and one dollar as fees to the clerk; and the city clerk shall pay over to the treasurer all such sums, exclusive of his fees, and make report to the city council at the next meeting after the receipt of the same. Sec. 3. Be it further ordained , That every person obtain¬ ing a license as aforesaid, shall forthwith provide and keep in good repair, good and sufficint steamboats for the ready and safe conveyance of persons and property across the Mississippi river as aforesaid, and give due and regular attendance at such ferry from sunrise until sunset, with a sufficient number of hands to work and manage such boats, and shall, without un¬ necessary delay, carry as aforesaid, on application, at any hour between sunrise and sunset, all persons and property as aforesaid, when said river is passable; and every person licens¬ ed as above, who shall fail to comply with either of the reqaii- m ORDINANCES. aitions of this section, shall forfeit and pay for the use of said city for every such offence, a sum not less than five dollars nor more than fifty dollars. Sec. 4. Be it further ordained , That every licensed ferry keeper may demand and receive such fees as the city council may establish and permit from time to time, and that all wagons or teams containing or conveying produce from Mis¬ souri; also, cattle and stock for the Quincy market, shall be charged for crossing and return only one-half the rates or amounts demanded in other cases for the same kinds of wagons, teams, stock and transportation. Sec. 5- Be it further ordained , That it shall be the duty of every licensed keeper of a ferry to cause a list of the forego¬ ing rates to be posted and constantly kept up in some conspic¬ uous place on his boat; and any keeper, or any person in his employment, who shall demand apd receive any higher or greater rate for conveying as aforesaid, shall forfeit and pay for the use of said city for such offence, a sum not less than five dollars nor more than ten dollars. Sec. 6 . Be it further or darned. That any person aggrieved by any breach of this ordinance, or any provision herein con¬ tained, may made complaint thereof to the Mayor, who shall cause suit to be institued forthwith for the recovery of any pen¬ alty thereunto annexed. NO. XVIII. An Ordinance Regidating the Measurement of Wood. Sec. 1 . Firo Wood to be measured and certificate given on request— contents of each coru. 2. Penalty for using false certificate. 3. Rates of fees for measuring, and how paid. Section 1. Be it ordained by the City Council of the city of Quincy, That all firewood purchased, to be used within said city, by the cord, half cord, or quarter cord, shall be measured by the wood measurer, and certificate thereof given, if requir- ORDINANCES. 105 cd by the vendor or purchaser, provided the same be first piled or corded up in bulk in such order as will admit of a measure¬ ment with reasonable accuracy; and every cord so measured Bliall contain one hundred and twenty-eight feet cubic meas¬ ure, when closely and compactly piled together. Sec. 2. Be it further, ordained , That any person who shall for the purpose of cheating, wronging, or defrauding another, ex¬ hibit or use a certificate of the wood measurer, by making or attempting to make the same applicable to any greater or les» quantity of wood, or any other tnan the full load, lot or par¬ cel for which the same was originally given, shall forfeit and pay for the use of said city, the sum of five dollars for every such offence. Sec. 3. Be it further ordained , That there shall be allowec for services under this ordinance, the following rate of fees : One moity of which is to be paid by the vendor, and the other moity by the purchaser, to-wit: For measuring one cord or less, twelve-and-a-half cents; for each additional cord, when the quantity does not exceed four cords, eight cents; when it exceeds four cords and not exceeding twelve cords, six cents for each additional cord; when more than twelve cords, and not exceeding twenty cords, five cents for each additional cord; when it exceeds twenty-five cords, four cents for each addi¬ tional cord after the first cord. In addition to these rates, for each load, lot or parcel of wood measured at a greater dis¬ tance than one square or block from the public square, and from the wood measurer’s office or residence, and not exceed¬ ing one-fourth of a mile from said public square, office or resi¬ dence, twelve-and-a-half cents; a further sum, also, of twelve- and-a-half cents in all cases, where the wood measurer is re¬ quired to go more than one-fourth of a mile from said public square, office or residence.. 106 ORDINANCES. NO. XIX. An Ordinance Relating to the Inspection and Measurement of Lumber and other Building Materials, and the Measurement of Mechanical Work. Sec. 1. All Lumber and other Building Materials to be measured on request, and certificates given. 2. Mechanical work to be measured on request, and certificate given. 3. Penalty for using false certificate. 4. Rate of fees for service under this ordinance. Section 1 . Be it ordained by the City Council of the city of Quincy, That all lumber and other building materials sold or purchased to be used in said city, shall be properly inspected and measured by the person selected by the city Council for that purpose, if cither party should require it, and certificate thereof given, which inspection and measurement shall be ac¬ cording to the judgment of the person so selected. Sec. 2. Be it further ordained , That all mechanical work, done and performed within said city, shall be measured by the person selected as aforesaid, if either party concerned should re¬ quire it, and certificate thereof given, which measurement shall be in accordance with the most approved mode of measuring. Sec. 3. Be it further ordained , That any person who shall, for the purpose of cheating, wronging or defrauding another, exhibit or use a certificate of the measurer of the foregoing materials and mechanical work of said city, by making the same applicable to any greater or less quantity of lumber or other building materials or mechanical work, or any other than the materials or work for which the same were originally giv¬ en, shall forfeit and pay, for the use of said city, the sum of five dollars for every such offence. Sec. 4. Be it further ordained , That there shall be allowed for services under the provisions of this ordinance, the follow¬ ing fees, one half of which is to be paid by each of the con¬ tracting parties, to wit: for the inspection and measurement of lumber ten cents per thousand feet; for the inspection and ORDINANCES. 107 measurement of building materials, fifty cents for one hour or less, including the time occupied in going to the place whero the same arc deposited, and twenty-five cents for each succeed¬ ing hour. NO. XX. An Ordinance Relating to the size of Bricks. Section 1 . Be it ordained by the City Council of the city of Quincy , That all merchantable bricks hereafter made to be sold within the city, in the ordinary course of manufacture and sale, and to be used therein, shall be eight and a half inches long, four and a fourth inches wide, and two and a fourth inches thick when moulded; and every person who shall manufacture or shall sell as aforesaid, any bricks of less dimensions than aforesaid, shall forfeit and pay to the city, for each offence, not less than one, nor more than one hundred dollars. NO. XXL An Ordinance Regulating the Storage of Gunpowder. Sec. 1. Limitation of quantity of Gunpowder to be kept in stores, &o. 2. Such quantity how keot. 3. Penalty for violations of first and second sections. 4. Mayor in certain cases may issue a search warrant. Section 1. Be it ordained by the City Council of the city of Quincy , That no store or shop-keeper, or other person, shall keep at the same time in any house, shop, store, cellar or warehouse, or in any boat, within the limits of said city, more than thirty pounds of gunpowder. Sec. 2. Be it further ordained , That the aforesaid quantity of powder, allowed to be kept within the limits of said city, shall be kept in close tin four-pound canisters, and in a good *nd safe place. 108 ORDINANCES., Sec. 3. Be it further ordained , That every person offending against either of the foregoing provisions, shall forfeit and pay the sum of twenty-five dollars, for the use of said city. Sec. 4. Be it further ordained , That it shall be lawful for the Mayor, whenever he shall be informed, upon oath that there is probable cause to suspect any person of concealing or keep¬ ing within said city, any quantity of gunpowder over and above thirty pounds as aforesaid, to issue a search warrant to examine into the truth of such allegation or suspicion, and search any place whatever therein. NO. XXII. An Ordinance Relating to the Poor . Sec. 1. Who entitled to aid. 2. Certain relatives required to support poor relations—order of liability—penalty for neglect to support, when able. 3. Provisions for minors, chargeable to the city. 4. Proceedings in cases of non-resident Poor. 5. “ to be had by Overseer, on application from per¬ sons not entitled to aid by reason of non-residence. 6. Overseer to take charge of Poor on notice, &c. 7. Poor persons, when to be discharged—their ability to refund expenses defrayed by the city. Section 1. Be it ordained by the City Council of the City of Quincy , That every poor person, who shall have resided with¬ in the limits of said city twelve months, and who shall be un¬ able to earn a livelihood in consequence of any bodily infirmi¬ ty, idiocy, lunacy, or other unavoidable cause, shall be entitled to receive from said city such food, clothing, fuel, medical and other aid in sickness, as the overseer of the poor may deem necessary, in case of the neglect or refusal of the father, grand-father, mother, grand-mother, children, grand-children, brothers or sisters of such poor persons, to- make the necessary provision for them. Sec. 2. Be it further ordained , That all relatives of such poor persons, if they or either of them shall be of sufficient ability to ORDINANCES. 109 support them, are hereby required to make the necessary pro¬ vision for them, and shall be notified by the overseer of the poor in the order following, to wit: The children shall first be notified to support their parents, if there be children of suffi¬ cient ability; if there be none of sufficient ability, then the parents; if there be no such parents, then the brothers and sisters; if there be no such brothers or sisters, then the grand¬ children; if there be no such grand-children, then the grand parents shall be notified: Provided , that married females, whilst their husbands live, shall not be liable to a suit under this ordinance: and any relative of such poor persou, who shall neglect or refuse to render such aid after being notified as aforesaid, and being of sufficient ability to do so, shall be liable to said city for all necessary expenses incurred by said city for the support of such poor persons : Provided , that when any persons become paupers from intemperance, or other bad conduct, they shall not be entitled to any support from any relative except parent or child. Sec. 3. Be it further ordained , That when any minor shall be- come, or likely to become chargeable to said city, either be¬ cause of being an orphan, or because the parents or other rela¬ tives are unable or refuse to support such minor, it shall be the duty of the overseer of the poor, under the direction of the city council on his representation, to bind such minor as an apprentice to some respectable householder of the city or. county by written indenture, which shall bind such minor to serve as an apprentice, and shall in all respects be in tenor and effect as required by the laws of this State concerning apprentices. Sec, 4. Be it further ordained , That when any non-resident or person not coming within the definition of a pauper, who shall fall sick or die in said city, not having money or proper¬ ty to pay his board, nursing and medical aid, it shall be the duty of the overseer of the poor, upon application of any in¬ habitant of said city, to give or order to be given such assistance to such poor person as he may deem just and necessary; and if said sick person shall die, then said overseer of the poor shall give, or order to be given to such person a decent burial; no ORDINANCES. and all bills of expense occurring under this section, shall be by him presented to the city council for approval. Sec. 5. Be it further ordained, That whenever any applica¬ tion is made to the overseer for relief, and it shall appear to him that the person requiring relief has not resided in said city for twelve months prior to such application, he shall, under the direction of the city council, proceed to remove from said city such poor person, at the expense of said city, to the county or State where such poor person may have had his or her last place of residence; or said overseer of the poor may notify such poor persons to leave said city forthwith, and no person so notified shall be entitled to relief from said citv. Sec. 6 . Be it further ordained, That the overseer of the poor, on application for relief of any poor person, shall immediately cause such person, if entitled to relief under the provisions of this ordinance, to be removed to such place as may be provi¬ ded by the city council for the use of such poor persons, unless he may deem such removal inexpedient, in which case such poor person shall be supported by the city in such place as the said overseer may direct. Sec. 7. Be it further ordained, That all persons receiving aid from said city shall receive no further aid after such person, in the opinion of the attending physician, or the overseer of the poor, become able to support themselves, and should such per¬ sons thereafter become able to pay any expense incurred by said city in extending relief to them, they shall be liable to fond the amount of such expense to said city ORDINANCES. Ill NO. XXIII. An Ordinance 'providing for the Subscription to the Capital Stock of the Northern Cross Rail Road Company and for other purposes * Sec. 1. Mayor authorized to subscribe. 2. To issue bonds. How issued. Bonds payable to Company.— Rate of interest, and wheo payable. 3. Shall be delivered to Company in payment of stock. 4. Tax to be levied. Interest paid. 5. Tax to be kept separate. 6. Tax pledged to pavmentof interest. Sale of stock and divi¬ dends to go to liquidation of bonds. 7. Bonds may be exchange ! for stock. 8. Mayor to cast vote of city at Company election. Whereas, by the provisions of an act entitled an act supple¬ mental to an act entitled ‘ An Act to provide for a General System of Railroad Incorporations,” approved November 6th, a. D. 1849, notice was given on tlic 21th day of January, a. d. 1851, at the usual places of voting in the city of Quincy, to ascertain the wishes of a majority of the people in reference to the subscription by the common council of said city to the capital stock of that portion of the Northern Cross Railroad, lying between the Illinois and Mississippi rivers., to the amount of one hundred thousand dollars, to be paid in bonds of said city; having twenty years to run, and bearing an annual tax of six per cent, payable scmi-annully. And Whereas, said election was held agreeably to said no¬ tice, and the act aforesaid, and the returns thereof in due form made to the city council, who canvased the same at their regu¬ lar meeting held on the 3d day of March, a. d. 1851, when it appeared that there had been cast, “For Subscription,” one thousand and seventy-four votes, “Against Subscription,” nine¬ teen votes. The number of votes given for subscription being nearly equal to the entire vote polled at the last general elec¬ tion in said city, and a much larger vote than that required by the act aforesaid to authorize said subscription of one hundred thousand dollars.. 112 ORDINANCES. Now, Therefore, Be it ordained by the City Council , of the City of Quincy, as follows : Section 1 . That the Mayor is hereby empowered, author¬ ized and directed to subscribe, in the sum of one hundred thou¬ sand dollars, to the capital stock of the Northern Cross Rail¬ road Company, having the management of that portion of the said Northern Cross Railroad extending from the Mississippi to the Illinois river, on behalf and in the name of said city; by which said act of its chief executive officer, the faith of said city shall be irrevocably pledged to said company in the sum of one hundred thousand dollars. Sec. 2. That whenever a regular assessment shall be lev¬ ied, and made payable upon the stockholders of the said North¬ ern Cross Railroad Company, the Mayor and city clerk for the time being, shall execute the bonds of said city, for the sum of one thousand dollars each, for the amount so assessed : upon the stock so subscribed by said city, signed by the Mayor and countersigned by the city clerk, with the corporate seal of said city affixed—all of which said bonds shall be dated on the first day of July, or on the first of January, in the year in which they shall be issued, and shall be made due and payable twenty years from the date thereof. The said bonds shall be made payable to the “ President, Directors and Company of the Northern Cross Railroad Company,” principal and interest at the Phoenix Bank in the city of New York—and shall bear interest at the rate of six per cent, per annum, payable semi-annually, and for which coupons bearing same date as the bonds aforesaid, signed by the Mayor, shall be attached; said bonds shall in other re¬ spects be in the usual form, and shall be entitled “ Northern Cross Railroad Bonds,’'' upon the backs of which this ordi¬ nance authorizing their issue shall he printed. Sec. 3. That the said bonds, when executed as provided in the preceding section, shall be delivered to the directors of the Northern Cross Railroad Company, in payment of the subscription by said city to the capital stock of said company, as the city council may from time direct. Sec. 4. Be it further ordained , That an annual tax shall be ORDINANCES. m levied by said council on the assessed value of all the real es- tatc within the limits of said city, and all the personal proper* ty of the inhabitants thereof, sufficient to pay the interest for one year on all paid bonds so issued and delivered to the direc* tors of said company, after deducting such dividends on said stock as may from time to time be made to said city by said company, said dividends, so far as the same may extend, to be applied to the payment of said interest. And when said coun¬ cil shall have made such levy, it shall be the duty of the city council to extend the same on the collector’s books for the year in which said levy shall be made, and in a separate col¬ umn, to be denominated “railroad tax,” which tax shall be col¬ lected in the same manner as the other taxes of said city; and the payment thereof to be enforced by the same regulations and provisions of statute and ordinance as obtain in reference to all other taxes of said city. Sec. 5. That it shall be the duty of the Treasurer of said city to keep all moneys arising from the collection of said rail¬ road tax, separate and apart from the ordinary funds of said city, to be paid out by him on the order of the Mayor, counter signed by the city clerk, to the satisfaction and payment of the interest semi-annually accruing and due on said bonds, and for no other purpose or purposes whatsoever. Sec. 6. That the railroad stock of which said city shall become seized and possessed by the subscription herein before provided for, and all dividends arising therefrom, are hereby pledged and set apart to the payment of the principal and in¬ terest of the bonds of said city, issued for and in payment of said subscription; and whenever any of said railroad stock ah all be sold by said city, the proceeds of every such sale shall be applied forthwith to the redemption of said bonds, so far as the same may extend thereunto, and for no other purpose whatsoever. Sec. 7. That any owner or holder of any or all said city bonds may at any time deposit the same with said city, and re¬ ceive in exchange therefor an equal amount of railroad stock; Provided , the application for such exchange shall be made be- 8 114 ORDINANCES. fore said city shall have sold or otherwise disposed of said rail¬ road stock, so applied for. Sec. 8. Be it further ordained , That at all elections of di¬ rectors for said Northern Cross Railroad Company* or other elections in which the stock holders of said company, by the rules and regulations thereof, are'authorized or entitled to vote, such vote or votes as said city of Quincy may be entitled to cast, by virtue of her said subscription of one hundred thou¬ sand dollars, shall be thrown on'behalf of said city by the Mayor- for the time being, or such other person or persons as the city council of said city may designate for such pur- pose, or by such proxy or proxies as may by him or them so designated by said council, be appointed in accordance with the by-laws of said empany; said stock of said city to be repre¬ sented by her delegated authority in the same manner and to the same extent, subject also to the same restrictions as stock owned and represented by individuals in said company. NO: XXIV. An Ordinance Concerning the Police Magistrate’s Court and Reg- ulating the Proceedings therein. Sec. 1. Prosecution? how commenced. 2. Prosecution may include several, and shall not he dismissed for want of form. 3. Summons, form of same. Service and return. 4. Special service of summons. 5. May l»e served by copy, or by posting in certain cases. G. Capias may issue; form of capais. Defendant may give hail; form of bail bond. Breach of bond. 7. Proceedings against bail. 8. Officers to be governed by State Laws. 9. Officers competent witnesses. 10. Garnishee process. 11. Parents, guardians, masters, &c., of minors liable for fines, to be notified. 12. Persons arrested without warrant, officer to report facts. 13. Officer omitting to attend as witness, may be attached.. ORDINANCES. 115 14. Persons under arrest entitled to trial. Case may be continued. 15. Biil given on continuanee. Breach of bail bond. 1G. Defendant refusing to give b ul on continuance, to be commib- ed. Police Mag. to issue commitment. Time of continuance. 17. Marshal to bring persons under arrest before Court. 18. All motions to dismiss and for continuance to be made in writing. 19. Defendant failing to appear, judgment by default may be en¬ tered. 20. Police Magistrate may issue attachment and punish contempt. 21. Depositions may be taken. 22. Jury may be demanded. 23. Executions to be issued; form of same. 24. Defendant committed for want of property, and time of im¬ prisonment. 23. Who may make affidavit of complaint. 26. Sessions of Court. 27. Absence of Police Magistrate to continue cases. Hold to bail or commit. 28. Appeals may-be taken. 29. Costs and fees of Police Magistrate’s Court. Costs to be col¬ lected off defendant convicted. Costs to be paid by city, but not to exceed penalties cdiec&ed. How penalties ascertained and applied to costs. 30. Police Magistrate’s costs when acting as Justice of the Feace. 11 is costs under the Ordinances. 31. Marshal, Police Constable’s costs to pay over to Police Mag¬ istrate. 32. Witnesses costs. To be paid by city. Defendant to pay, and if required, city to pay. 33. Jurors Costs. Party demanding Jury to advance fee. Incase of acquittal, returned to defendant and city to pay. 34. Cipias. Ad respondendum , form of. 35. Special bail not to be taken. 36. Judgment. Execution. Commitment. 37. Labor on Streets. Custody of. 38. Explanatory of. 39. Police Migistrate, Constable and Marshal to be governed by State laws, where no provision by Ordinance. 40. Prosecutor to pay costs, if‘prosecution malicious. Section’ 1. Be it ordained by 'the City Council of the city cf Quincy , That penalties for violations of any ordinance shall be recoverable by suit, in the nature of an action of debt, before the Bolicc Magistrate's Court; and suits shall be commenced, (except 116 ORDINANCES. \ in cases otherwise provided for by ordinance or the city charter,) by the filing with the Police Magistrate a statement, signed by the city Attorney, the Mayor, the Marshal, the Clerk, any police officer, or any responsible citizen of Quincy; which statement shall be in form, substantially as follows : A. B. to the city of Quincy, Dr. To dollars for breach of ordinance, (here insert the title thereof,) passed the day , A. D. 185 , in this to-wit (here describe the particular breach in the language of the ordi- dinance,) between the day of , A. D. 185 , and the day of A. D. 185 . (Signed,) C. D. Sec. 2. No suit shall be dismissed for any defects of form in the statement, if it substantially sets forth the nature of the violation alleged. The statement may include several persons charged with the same violation. Sec. 3. Upon the statement being filed with the Police Magistrate, or when made out by him upon the information of any officer or citizen, he shall fill up, seal and attest, and sign a summons in the following form, as nearly as circumstances will admit. State of Illinois, ) ss. City of Quincy, and Couunty of Adams, f The people of the State of Illinois to the Marshal or Police Constable of the city of Quincy, or any Constable of Adams county, greeting: You are hereby commanded to summon A. B. to appear be¬ fore me, the undersigned, Police Magistrate of the city of Quincy, at my office on the day of A. D. 185 , at o’clock M., to answer the complaint of the city of Quincy, in a plea of debt for a failure to pay to said city, a fine, forfeiture or penalty of dollars, for a breach of an ordinance of said city, (here insert the title) passed the day of , A. D. 185 , in this to-wit: (here describe the particular breach in the ordinance as set forth in the written statement,) and thereof make due return as the law directs. Given under my hand and seal at my office in Quincy, the day of A. D. 185 , Police Magistrate, [l. s.] Which summons may be returnable on any day, (Sundays’ ORDINANCES. 117 oxccpted,) within fifteen days, and not within five days from its date: and the same must be served at least three davs be- 7 * fore the day set for trial. Sec. 4. That every summons for breach of any ordinance, issued by the Police Magistrate, shall be served by reading the same in the hearing of the defendant or defendants, if he or they will remain to hear it read; but if he or they refuse to hear such summons read, or absent him or themselves after said summons has been produced to be read, and the contents or objects thereof mentioned to him or them, such offer on the part of the officer in such cases, shall be deemed and taken to be a sufficient service of such summons, which facts shall be specially stated by the officer in his return on said summons. Sec. 5. That when any defendant shall absent or conceal himself, or shall be absent, or a non-resident in said city, the summons aforesaid against such person, may be served by leaving a copy thereof at his residence or usual place of abode, with any white person of the family in which he resides, over the age of fifteen vears, at least three days before the day set for trial in such summons; but if such person have no house, family, or known place of abode in said city, whereat service of a copy can be made as aforesaid, it shall be lawful for the officer charged with the summons, to stick up a copy of such summons on the front of the Court House in said city, which shall be deemed and taken to be a sufficient service of any summons within the meaning of this ordinance. Sec. 6 . Be it further ordained , That if any credible person, as agent of said city, shall make oath that there is danger that the debt or claim of said city will be lost, unless the said de¬ fendant be held to bail, and shall also state, under oath, the cause of such danger, so as to satisfy the Police Magistrate that there is reason to apprehend such loss, and shall file the written charge or statement required by the fourth section of this ordinance, it shall be the duty of the Police Magistrate to issue a capias to apprehend such offender, which shall be, as nearly as circumstances will admit, in the following form, to-wit: ORDINANCES. ITS State of Illinois. Adams county, ) City of Quincy. j fc ' fc " The people of the State of Illinois, to the Marshal of the city of Quincy, or any'Con- stable of Adams county, greeting : You are hereby commanded to take the body of A. B., and bring him forthwith before me, the undersigned Police Magis¬ trate of said city, unless special bail be entered; and if such bail be entered, you will then command him to appear before me, at my office, on day of a. d. 185 , at o’clock, , to answer the complaint of the city of Quincy, in a plea of debt, for a failure to pay to said city a fine, for¬ feiture or penalty of dollars, for' a breach of an ordi¬ nance of said city, entitled [here insert the title thereof,] pas¬ sed the day of a. d. 185 , in this, to-wit: [here describe'the particular breach in the language of the ordi¬ nance, and as-set forth in the written charge or statement,] and make due return as the law directs. : Given under my hand and seal, at my office in Quincy, this day of a. d. 185 . C. I)., [seal.] Police Magistrate. And in all cases the defendant shall have the right to release his body arrested by virtue of such process, by giving special bail to the officer executing the same,* which shall be endorsed on the back of the capias, in the following form, as nearly as the case will admit, to-wit: I, E. F., acknowledge myself special bail for the within named A. B. Witness my hand this day of a. d. 185 , E. F., which endorse¬ ment shall be signed by one or more sureties, to be approved by the officer executing the writ, and the liabilities which shall attach to such security or bail in such case, shall be as follows, to wit: If the defendant shall not personally appear‘before the said Police Magistrate’s Court as required, on the day set for trial, and if he shall fail to pay whatever judgment may be obtained against him, or shall not surrender his body in exe¬ cution, when charged, within thirty days from the judgment, then, and in such case, the bail shall pay the judgment and V costs. ORDINANCES. 11$ Sec. 7. In all cases where a party is arrested without a writ, and who gives a recognizance as is provided in section twelve, of “An ordinance establishing and regulating the police department,” and in all such cases-as are provided for in the preceding section, where the recognizance or bail is forfeited, it shall be the duty of the Police Magistrate to note on the papers the forfeiture, and to issue a summons against the party or parties liable in behalf of the city of Quincy, and upon trial, to give judgment against the defendant or defend- fendants so liable, according to the provisions of this ordi¬ nance; but allowing the same defence that is allowed for the non-appearance of the principal that is allowed under the gen¬ eral laws of the State, in like proceedings before justices of the peace. .The summons to be issued in such case, in form to be as nearly as possible like the summons in the preceding sec¬ tion six herein; but said summons shall be considered good if it substantially set forth the nature of the cause of action. / Sec. 8. 'That the officer who shall execute any writ or other process issued by the Police Magistrate, shall, unless otherwise directed by this or some other ordinance of said city, proceed in the execution of his duty in the same maimer as constables are required to proceed under the laws of this State, and-the Police Magistrate in issuing process and on the return thereof, shall, unless otherwise directed by this or some other ordinance of said city, be governed by the laws of this State, appertaining to like proceedings before other justices of the peace. Sec. 9. That in all prosecutions in behalf of the said city, any officer thereof is hereby made a competent witness, not¬ withstanding such officer may be entitled to a portion of the fine, forfeiture or penalty sued for, or to a fee from the same. Sec. 10. That whenever any execution in which said city is plaintiff, shall be returned by the officer charged with the service of the same, “No property found,” the Police Magistrate may, upon oath being made, as in similar cases before the jus¬ tices of. the. peace; by any officer of said city, or by any citizen, issue a garnishee process under the provisions of the laws of 120 ORDINANCES. this State, and every such officer, for such purpose, shall be deemed and taken to be the agent of said city. Sec. 11.. That parents, guardians, masters and mistresses, shall be bound for the payment of any tine, forfeiture or pen¬ alty assessed against any minor under their respective care or charge under the provisions of any ordinance of said city, and execution shall issue thereon as in other cases. Provided , it shall be the duty of the Marshal or Constable to notify any such parent, guardian, master or mistress of such minor, if they arc known, of the time and place of trial for any violation of ordinance, and in case such parent, guardian or master is not known, or resident of the city, the Marshal or other officer, shall, in his return or statement, make known such fact. Sec. 12. No summons or warrant shall issue against a person who shall have been lawfully arrested and brought before the Police Magistrate without a warrant; or in case where the party has been arrested without warrant, and shall have given bail; but in such case, a trial shall be had upon a written report to be made by the officer making the arrest. The Police Magistrate shall in all such cases, where the party is present, note the fact of his appearance, and proceed to hear and determine the case in the same manner as if a summons or warrant had been issued; and in all cases where the officer making the arrest fails to fde the report, if the defendant consent, the cause may proceed without it; but if he or she de¬ mands said report, the Police Magistrate shall allow a reason¬ able time for its being made out or filed. Sec. 13. Officers shall attend as witnesses against persons who they have arrested, without being summoned, nor shall the Police Magistrate issue any subpoena for them; but if they fail to appear at the time for trial, they may be attached and punished for contempt as witnesses summoned. Sec. 14. Any person arrested and held in custody, shall be entitled to a trial within twenty-four hours from the time of the arrest, [except when Sunday shall intervene,] unless the trial be postponed by the Police Magistrate for good cause, or from unavoidable circumstances. ORDINANCES. 121 Sec. 15. A person in custody without a warrant for a vio¬ lation of ordinance, where the cause is continued at his or her instance, or where it is continued from some unavoidable cir¬ cumstance, may release him or her from custody by giving bail, by executing a bond to the city with sufficient security, to be approved by the Police Magistrate in double the amount of the penalty provided by the ordinance for the violation alledged. Prodded , however, said bond shall in no case be taken for more than one hundred dollars; which bond shall be condition¬ ed, that he or she appear upon a day therein named, before the Police Magistrate’s Court, to answer for the violation of which he is accused, and there to wait his or her trial of the charges against him. Which bond, if forfeited, shall be sued upon in the same manner as is provided in section seven of this ordinance. Sec. 16. A person in custody, who cannot be tried because of the absence of witnesses, or other cause, and who cannot give bail for his or her appearance, shall remain in the keeping of the calaboose keeper until a trial can be had. In such case, the Police Magistrate shall deliver to the Marshal or Po¬ lice Constable a commitment, stating therein the cause of de¬ tention. But no continuance under this section shall exceed three days, unless at the instance of the defendant. Sec. 17. At the opening of the Police Magistrate’s Court, the City Marshal or Police Constable shall bring before the court for trial, all persons in custody for any violation of ordi¬ nances. Sec. 18. Motions for dismissal on account of informality, or illegality in the papers or proceedings, and all pleas, all ap¬ plications for continuances, must be made in writing and filed and argued when the suit is called up for trial, and at no other time. Sec. 19. When a defendant, duly summoned, fails to ap¬ pear at the time the suit is set for trial, the Police Magistrate shall hear and examine the testimony offered on the part of the city, and shall render judgment by default against the de¬ fendant for such amount, under the ordinance, as he may deem justice to require. 122 ORDINANCES. Sec. 20. The Police Magistrate may issue attachments to compel the attendance of witnesses and jurors who shall have been summoned, and lie may also punish for contempt, in like manner, as justices of the peace arc authorized to do by the laws of the State. Sec. 21. Depositions taken in conformity to the laws of the State, may be read before the Police Magistrate, on any trial, where the witness, by reason of sickness, old age or bodily in¬ firmity, is unable to attend to and cannot safely attend at the trial; or where both parties agree in any case to the reading thereof. Sec.. 22. In all eases before the Police Magistrate for any violation of ordinances of the city, the defendant may demand a jury trial. The jury shall consist of such number, and pos¬ sess the same qualifications as is required by the general laws of the State in justices courts; and all jury trials shall be con¬ ducted as nearly as possible, in the same manner as jury trials before justices of the peace. Sec. 23. Upon the rendition of a judgment against a de¬ fendant for any violation of any ordinance before the Police Magistrate, he shall immediately issue an execution in the fol¬ lowing’ form, as near as may be : ^ ' •» State of Illinois, City of Quincy and county of Adams, f 'The people of the State of Illinois, to the Marshal or Police Constable, or any other constable of the city of Quincy, greeting;: Whereas the city of Quincy has this day obtained judgment before the undersigned, Police Magistrate of the city of Quin¬ cy, against C. D., for,a violation of ordinance of said city, for the sum of dollars with her costs in this behalf, these arc therefore to command you to levy said debt and costs of the goods and chattels of the said C. I)., within the city of Quincy, and expose the same to sale agreeably to law; and for want of sufficient property wherewith to levy‘the said debt and costs, you are commanded to take the body of the said C. I). into your custody, and convey him to the calaboose of the city of Quincy, and him there safely keep until lie pay said debt and costs, to serve the same out in said jail, in the time and man- ORDINANCES. 123 ner specified' in the 9Sth section of chapter ltx, concerning jus¬ tices of the peace and constables, revised statutes of Illinois, 1845, page 329. And you arc also hereby commanded to make return of this execution within seventy days from the date thereof, with your return thereon, stating how you have executed the same. Given under my hand and seal, at my office in Quincy, this day of a. d. 185 . .Police Magistrate, [l. s.] Sec. 24. If sufficient property of the defendant be not found to satisfy the execution, the marshal or constable shall commit the defendant without delay to the calaboose, and there retain him for forty-eight hours, unless before that time the debt is paid. And if.the debt exceed ten dollars, the said de¬ fendant shall remain in said jail or calaboose twenty-four hours for every live dollars over and above the said ten dollars, and so on in proportion to the amount of said debt or line. Sec. 25. When an affidavit on the part of the city, shall be required in any case in the Police Magistrate’s court, it may be made by any city officer, or by any person to whom the facts are known. Sec. 2G. There-shall be a regular session of each Police Magistrate’s Court every day, [Sundays excepted,] to be open¬ ed at 8 o’clock, a. m. Sec. 27. In all cases of arrest of any person or persons under any warrant or process issued by a Police Magistrate, in case of the absence of the Magistrate who issued the same, or inability to try the cause, from whatever cause, such writ or process, and all process issued in such cause, shall be taken and deemed returnable, and shall be returned with the parties in custody to the other Police Magistrate of the city, who shall proceed with the cause the same as if such warrant or process had been issued by him. And in case of ordinary process by summons, without arrest, as well as in case of the absence 1 or inability of both of the Police Magistrates as aforesaid, the cause shall stand continued from day to day until in case of process by ordinary summons, the Magistrate who issued the same can proceed to the trial of the cause. And in case of arrest, until such Magistrate or the other Magistrate, can pro- 124 ORDINANCES. ceed to the trial thereof; and in case of the absence or inabili¬ ty of both Magistrates to try the cause, where the defendant or defendants is in custody, the ofliccr may take special bail for the appearance from day to day, before the Magistrate who issued the writ until trial can be had, or may commit the par¬ ty in custody to await trial. Sec. 28. Appeals shall be allowed from all decisions in the Police Magistrate’s Court, arising under the city charter or any ordinance of the city, as well on the part of the city, as to any defendant or plaintiff, to the Circuit Court of Ad¬ ams county; and any such appeal shall be taken and granted in the same manner and with like effect as appeals are taken from and granted by Justices of the Peace to the Circuit Court under the laws of the State. Appeals on the part of the city may be taken by any city officer or citizen, upon the execution, by such officer or citizen,, of a bond to pay all costs in said appeal, in like manner as is provided in section 101, page 880, Revised Statutes 1845, chap¬ ter lix. In cases where an appeal is advised by the city coun¬ cil, the bond shall be executed by the Mayor and Clerk, in their official character in the name of the city of Quincy, and said bond, thus executed, shall be binding on said city. The praying an appeal by any defendant in any suit by said city, for a violation of any city ordinance, shall in no case, sus¬ pend the issuing of execution, unless and until a good and suffi¬ cient appeal bond is executed and filed. Sec. 29. The Police Magistrates, Constables, Marshal’s witness and jurors’ fees, shall be taxed in all cases where the service has been performed. But no city officer or watchman shall be allowed to charge for his attendance as a witness. In all cases where there is a conviction of the defendant, all costs shall follow and be collected from the said defendant. But in cases where the defendant is acquitted, or in cases where he serves out the fine or judgment in the calaboose, or pays the same by labor on the streets, the city shall pay to the officers the costs. Provided , that in no case shall the amount of costs paid by the city in any one year, exceed the whole amount collected for fines, forfeitures, penalties and breaches of ordi- ORDINANCES, 125 ' fiances. And it is hereby made the special duty of the city •council to see that vouchers or orders on the treasury for costs, shall be kept within the amount so collected from said fines, forfeitures and penalties. And to this end, vouchers for costs shall be issued at intervals of three months, and the amount thus issued, shall never exceed the amount on hand from such fines and forfeitures, as herein specified. Whenever the amount of costs claimed, and which may appear due to the officers, shall exceed the amount on hand from said fines, pen¬ alties, judgments and forfeitures, the same shall be allowed by the city council, in proportion to the several claims and the amount to be divided. The Police Magistrates shall quarterly furnish to the city council a list of the same, which shall in¬ clude witness, jurors’ and other fees; leaving blank columns in said list in which to mark the word paid, when vouchers or orders are issued for the whole, and a column for stating the amount paid when only a portion is so allowed. Said list shall be dated and signed by the Police Magistrate, and may be used as evidence of claims for costs before the city council for two quarters only, and shall be entered in a book kept for that purpose by .the city clerk; and if the same is not paid in full at the end of two quarters, by reason of there being no funds on hand so collected from fines, forfeitures, penalties or judgments for violation of ordinance, the said officers shall have no further claim upon the city for said costs. 12G ORDINANCES. Sec. 30. The Police Magistrate when actin'" ns a Justice of o o the Peace under the general > laws of the State, shall charge the same fees as other justices arc allowed far similar services. When acting under the city ordinances, his fees shall be as follows, to-wit: For every warrant, summons, subpoena, or fee bill, For each continuance, . , .. Administering each oath, Dcdimus to take depositions, . ... Entering judgment or order, Issuing execution, . . . . >. Entering appeal from judgment, Transcript of judgment proceedings on appeal, Taking and approving appeal bond, Docketing each suit, ... For each jury warrant, Taking recognizance, ... For taking special bail. ... Entering verdict of Jury,- . O J ' 25 10 5 25 25 25 25 25 50 15 25 50 25 • 15 ' For each mittimus, . . . . . .25- Sec. 31. The Marshal and Police Constable shall receive v the same fees for serving, executing and returning process*, and as keeper of the calaboose, that arc allowed to the Constables of the State under the general laws of thereof, for similar du¬ ties; and the same as are received by jailors under the States law, for similar services. For taking recognizance and making out a statement O o C where lie arrests without a warrant,. . 25 But in all cases where Ike icccgnizar.ee is taken ly a watch- man or Alderman, there shall be no fees charged for the same. The Marshal or Police Constable shall pay to the Police Mag¬ istrate all fees collected by him except his own fees. Sec. 32. Witnesses duly summoned in any suit before tho Police Magistrate’s Court, and attending the trial, shall be en¬ titled to fifty cents in each case. In allcases where a witness-* is summoned at the instance of the city, his fees shall be paid by the said city, but the city shall, in case the defendant is.-» ORDINANCES. 127 convicted or judgment found against him, be entitled to recov¬ er the same from said defenant. In all cases where a witness or witnesses is or arc subpoe- ned at the instance of any defendant, the said defendant shall be bound to pay said witness or witnesses; but in case of ac¬ quittal or no conviction or judgment had against said defend¬ ant or defendants, lie, she or they shall have judgment against the city for said witness fees. The same rule as the number of witnesses which may be summoned to prove one fact, that obtains before Justices of the Peace,. shall apply under this ordinance. Sec. 33.. Jurors summoned-and serving in the Police Mag¬ istrate’s court shall receive in each ease, each fifty cents. In no case shall a jury be summoned do try any ease in the Po¬ lice Magistrate’s Court for any violation of city ordinance, until the party demanding the jury shall have first paid and advanced to the Police Magistrate the jury fee; and in case the defendant .is acquitted, the jury fee shall be immediately paid , back to said • defendant, and the city shall pay the fee to the said jurors. Sec. 34. Be it further ordained, That in all cases when com¬ plaint shall be made in writing on oath, before any Police Magistrate, charging any person or persons with violation of the city ordinances, such Police Magistrate may, instead of is¬ suing summons or capias with directions, to take special bail for appearance, and without further affidavit issue the writ of “Calais Ad-respondendwmf which writ may be in the following form— State of Illinois, 1 A flomc /■>r\nnf\r \. ca The. people of the State of Illinois, to the Marshal or Police Constable of -said city or any Constable of Adams county, Greeting:—- Whereas complaint has been made on oath that A. B. (here insert the charge substantially) in violation of the Ordinances of the city of Quinev Therefore vou are com- manded that the body of the said A, B., you take if found-in 128 ORDINANCES. said city, and safely have before me forthwith, together with this writ and due return hereof, to answer unto said complaint. Given under my hand and seal, this day of A. D.185. C. D. [l, s.] Police Magistrate, of said city of Quincy. Sec. 35. In case of such arrest, special bail shall not be taken, but the Police Magistrate before whom the cause is is pending, may, for cause shown, continue the trial and re¬ quire bail for appearance, and in default of such bail commit as in other cases. Sec. 36. In all cases where the defendant is found guilty of violation of the city ordinances, the Police Magistrate may enter up judgment substantially as follows : “That the defend¬ ant make and render unto the city of Quincy the fine and for¬ feiture of dollars, together with costs of of prosecution;’’ and in all cases of rendition of judgment for violation of the city ordinances, the Police Magistrate may either issue execution against the goods and chattels, and in default thereof, against the body of the defendant, as hereinbe¬ fore provided by ordinance, or may in default of payment of of such judgment, order that the said defendant stand commit¬ ted until the same is paid, and may issue his writ of commit¬ ment for that purpose as in other cases. Sec. 37. In all cases of commitment for non-payment of any fine and forfeiture recovered, or costs of same, the party com¬ mitted shall be subject to labor on the streets of the city, in the custody and under the direction of the Marshal, Police Consta¬ ble or Street Commissioner of the city, at the rate of one dol¬ lar per day, until the whole amount of the judgment rendered against him, including costs of the city, shall at that rate be paid; but if not required to perform sucli labor, and while not so laboring, shall remain in the common jail or calaboose of the city; and upon full payment as aforesaid, such party shall be discharged. The writ of commitment issued by the Police Magistrate, or a copy thereof, certified by such magistrate, shall be sufficient warrant to the Marshal. Police Constable or Street Commissioner to compel performance of such labor, ORDINANCES. 12$ and to hold the custody of the body of such party for that purpose. Sec. 38. Sections 34, 35, 36 and 37 of this ordinance are declared to be cumulative, and not in substitution of the other sections of the ordinance regulating proceedings for violation of the city ordinances. Sec. 39. The Police Magistrate, Police Constable and City Marshal, in all matters pertaining to the duties of their respec¬ tive offices, concerning which there is no specific provision by ordinance, shall be governed by the laws of the State of Illi¬ nois regulating proceedings in justices courts, and the duties of justices of the peace and constables, so far as the same may be applicable. Provided , the jurisdiction of the Police Magis¬ trate, for any breach or violation of ordinance, shall in no case extend to any amount over one hundred dollars. And, pro¬ vided , further, the Police Magistrate shall, in all process, be described as “Police Magistrate of the city of Quincy.” Sec. 40. When a defendant is acquitted, the informer or prosecutor may be adjudged to pay the costs, if it appears to the Police Magistrate that the prosecution was instituted vexa* tiously, maliciously or without probable cause. 9 130 ORDINANCES. NO. XXVI. An Ordinance concerning Offences affecting Public Peace and Quiet: Sec. 1. Unlawful assembly. Penalty for. Police Magistrate may re¬ cognize persons to answer to indictment. 2. Unusual noises. Penalty for. Licensed persons permitting, to forfeit license. 3. Obscene language, quarreling and disturbance of neighbor¬ hood. Penalty for. 4. Violating the Sabbath. Penalty for. 5. Disturbing religious and other meetings. Penalty for. 6. False alarm of fire. Penaltv for. •/ Section 1. Be it ordained by the City Council of the city of Quincy : That any three or more persons who shall in this city assemble together with an intent, or being assembled, shall mutually, agree to do an unlawful act, with force or vio¬ lence, against the property of the city, or the person or proper¬ ty of another, or against the peace, or to the terror of others, and shall make any movement or preparation therefor; and every person present at said meeting or assembly, who shall not endeavor to prevent the commission or perpetration of said unlawful act, every such person so offending, shall forfeit and pay for the use of the said city, not less than three nor more than fifty dollars for each and every offence. Provided , however, that in all cases arising under this section, if, in the opinion of the Police Magistrate, the defendant or defendants shall be deemed guilty of a riot as defined by the laws of the State, the said magistrate shall, instead of entering judgment for the fine, hold the said defendant or defendants to bail, or commit to answer an indictment in the circuit court of Adams county. Sec. 2. That no person shall suffer hallooing, shouting, bawling, screaming, profane or obscene language, fighting dan¬ cing, singing, whooping, or quarreling, or any other unusual noises or sounds, in his or her house, in such manner as to dis¬ turb the neighborhood, or those passing through the streets; ORDINANCES. 131 and every person so offending shall forfeit and pay, for the use of said city, not less than two dollars, nor more than twenty- dollars for the first offence, and for every subsequent offence, not less than five dollars, nor more than fifty dollars; and if the person so offending, be the keeper of a house licensed by said city, such person shall, upon a second conviction, incur a forfeiture of his license.- Sec. 3. That no person shall halloo, shout, bawl, scream, use profane or obscene language, dance, sing, whoop, quarrel or make any unusual noise or sound, in any house or in any part of said - city, in such a manner as to disturb the good people of the neighborhood, or those passing through the streets; and every person so offending shall forfeit and pay, for the use of said city, not less than two dollars, nor more than twenty dollars for the first offence, and for every subse¬ quent offence, not' less than five dollars, nor more than fifty dollars. *■ Sec. 4. It shall not be lawful for any military company, or any procession; or any body of persons, to march or pass through the streets of the city on Sunday, accompanied by the sound of music; or for any person on Sunday to play in said streets upon any musical instrument. Whoevor shall vio¬ late this section, shall forfeit and pay, for the use of said city, not less than three nor more than twenty dollars. Provided , that this section shall not be construed to prohibit the use of music on said day in connection-with funeral ceremonies. Sec. 5. Whoever shall in this city, disquiet or disturb any congregation or assembly, met for religious worship, by mak¬ ing a noise, or by rude and indecent behavior, or profane dis¬ course within their place of worship, or so near the same as to disturb the order or solemnity of the meeting; or whoever shall, in this city, disturb any lawful assemblage of people by rude and indecent behavior or otherwise, shall forfeit and pay, for the use of the city, not less than one nor more than fifty dollars for every such offence. Sec. G. It shall not be lawful for any one, in this city, to give or make a false alarm of fire; and every person so offend¬ ing, shall forfeit and pay, for the use of said city, not less than three nor more than fifty dollars, for every such offence. 132 ORDINANCES, NO. XXY1I. An Ordinance concerning Offences against Public Morals and Decency . Sec. 1. Drunkenness. Penalty for. 2. Indecent exposures, exhibitions, pictures, &c. Penalty for. 3. Public bathing. Penalty for. 4. Gaming houses. Penalty for keeping. 5. Permitting persons to come together for gaming. Penalty for. 6. Amusements and business on the Sabbath. Penalty for. 7. Gaming devices. Gaming. Penalty for. Devices for, aDd may be destroyed. 8. Bawdy houses. Penalty for keeping. Section 1. Be it ordained by the City Council of the city of Quincy , That it shall not be lawful for any person to be found in this city in a state of intoxication, in any highway, thoroughfare, or other public place; and every person so •offending, shall forfeit and pay for the use of said city, not less than one nor more than twenty dollars for each and every offence. Sec. 2. No person shall in this city, appear in any public place in a state of nudity, or in a dress not belonging to his or her sex, or in any indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any in¬ decent or lewd act or behavior; or shall exhibit, sell or offer to sell, any indecent or lewd book, picture or other thing, or shall exhibit or perform any indecent, immoral or lewd play or other representation, and every person so offending, shall forfeit and pay for the use of said city, not less than five, nor more than fifty dollars for each and every offence. Sec. 3. No person shall be allowed to bathe, wash or swim in the Mississippi river, or in any other watercourse, pond or pool in this city, between sunrise and one hour after sunset, being naked or insufficiently clothed to prevent improper ex¬ posure of his person; and every person so offending, shall for¬ feit and pay for the use of said city, not less than one nor more than ten dollars for each and every offence. ORDINANCES. 133 Sec. 4. That no person shall, by himself, herself, servant or other agent, or for his or her gain or profit, keep, have, ex¬ ercise or maintain a common gaming house, table, room or place whatsoever, within the limits of said city; and every person so offending, shall forfeit and pay for the use of said city, not less than twenty-five nor more than one hundred dol¬ lars for each and every offence. Sec. 5. That no person in any house or place occupied by him or her, within the limits of said city, shall procure or per¬ mit any persons to frequent or come together, at any time, to play for money or other valuable thing at any game; and every person so offending shall forfeit and pay for the use of said city, the sum of not less than twenty-five nor more than fifty dollars for each and every offence. Sec. 6 . No person in this city, shall play on Sunday at bil¬ liards, ten pins, or other game of amusement, or at any game of amusement in any highway or other public place; nor shall, on that day, sell or offer to sell any merchandize, or ferment¬ ed or distilled liquors; nor shall keep his store, shop or other place of business open; and every person so offending, shall forfeit and pay, for the use of said city, not less than ten nor more than one hundred dollars, for each and every offence. Sec. 7. No person shall, within this city, set up or keep any kind of gambling device or thing, at which any game of chance shall be played for money or property, or any thing represent¬ ing money or property; nor shall at any such device or game of chance, bet, win or lose any money or property in specie , or by means of any thing representing the same; nor shall suffer any such device, at which any game of chance is played, to be set up or used in any tenement in his possession or under his control; and every person so offending, shall forfeit and pay,, for the use of the said city, not less than five nor more than one hundred dollars for every such offence. And it shall be in the power of the Police Magistrate, on receiving satisfacto¬ ry information of any such device or thing being so set up and used, to issue his warrant to the City Marshal or Police Constable, commanding him to destroy the same, which warrant shall be immediately executed. 134 ORDINANCES. Sec. 8. No person shall, in this city, keep a bawdy house, house of ill-fame, or of assignation, or permit any tenement in his possession, or under his control, to'be used for any such purpose; and every person so offending, shall forfeit and pay, for the use of said city, not less than twenty-five dollars nor more than one hundred dollars for every such offence. Pro¬ vided, that it shall and may be lawful for the Mayor, upon in¬ formation given him of the keeping of any such house, or of any police officer of said city, under his direction, to enter such house peaceably, or forcibly, if resistance is made, and arrest, without warrant, any and all persons found therein, and com¬ mit them to the calaboose (if special bail be not given) until the opening of the next session of the Police Magistrate’s Court, and for making such arrest he shall have full power to call to • his aid any male citizen of said city over eighteen years of age, and any person so called upon, who shall refuse to render such assistance, shall forfeit and pay for the use of said city, not less than three nor more than one hundred dollars for ..every such refusal. NO. XXVIII. Jin Ordinance concerning Offences affecting Public Safety. Sec. 1. Firing guns, pistols, crackers, &c. Penalty for. 2. Kindling fires in streets, &c. Penalty for. 3. Immoderate riding, driving, &c. Brutal treatment of animals. Penalty for. 4. Mode of vehicles passing in streets. Section 1. Be it ordained by the City Council of the city of Quincy , That no person shall, within the limits of said city, fire or discharge any cannon, musket, rifle, fowling piece, or other fire-arms, or air-gun, except in cases of necessity, or in the performance of a public or lawful act of duty, or dis¬ charge or set off any cracker, rocket, torpedo, squib or other fire-works, within the limits of said city, without permission ORDINANCES. 135 first obtained from tlie Mayor or one of the Aldermen, Police Constable or Marshal of said city; and every person so offend¬ ing, shall forfeit and pay for the use of said city, not less than one dollar, nor more than ten dollars for every such offence. Sec. 2. That no person shall, in any of the streets, lanes, avenues or alleys of said city, or upon the public squares there¬ in, make or kindle any fire, without first having obtained per¬ mission as provided in the preceding section; and every per¬ son so offending shall forfeit and pay, for the use of said city, not less than one dollar, nor more than ten dollars for every such offence. Sec. 3. No person shall in this city, ride or drive any beast of burden, in any highway, thoroughfare or other public place beyond a moderate gait, unless in a case of urgent ne¬ cessity; nor shall ride or drive any such animal, as to cause such animal or any vehicle thereto attached to come in collis¬ ion with, or strike any other object or any person; nor shall leave any such animal standing in any public place without being fas¬ tened, or so guarded as to prevent its running away; nor shall inhumanly, unnecessarily or cruelly treat, injure or otherwise abuse any such dumb animal; and every person so offending, shall forfeit and pay, for the use of said city, not less than three nor more than one hundred dollars for every such offence. Sec. 4. In all cases of persons meeting each other in vehi¬ cles, in any highway or thoroughfare in this city, each person so meeting, shall turn off and go to the right side of the highway or thoroughfare, so as to enable such vehicles to pass each other without accident. Whoever shall violate this section, shall forfeit and pay, for the use of said city, not less than one nor more than ten dollars for every such offence. Provided nothing herein shall prevent the party injured from maintain¬ ing his action at law against the wrong doer. 136 ORDINANCES. NO. XXIX. An Ordinance Relating to Offences concerning City Property, Public Squares , the Streets and Private Property . Sec. 1 . Injuring fences and trees, sidewalks, or any city property. Putting animals into public grounds. Penalty for. 2. Riding or driving on sidewalks. Fastening animals, &c. Pen¬ alty for. 3. Obstructions or pits in streets. Penalty for. 4. Eaves and conductors of houses. Penalty. 5. Leaving open cellar doors, vaults, &c. Penalty for. 6. Sidewalks to be kept open. Obstructions removed. Penalty for obstructing. 7. Obstructing streets with vehicles. Penalty for. Section 1 . Be it ordained by the City Council of the city of Quincy , That no person shall walk or run on the cap¬ ping of any fence or fences, around any or either of the pub¬ lic squares in this city, or in any wise deface or injure said fences, or cut, hack or injure any tree or trees standing in said squares, or growing in any street or sidewalk in said city; nor deface or injure any other property belonging to the city, or wilfully injure any property belonging to any fire company, or hook and ladder company, or any property pertaining to the fire department; nor shall wilfully injure any public well, cis¬ tern or pump; nor shall turn any cow, horse, or other domestic animal into said public squares or either of them; and every person so offending, shall forfeit and pay for the use of said city, not less than one nor more than one hundred dollars for every such offence. Sec. 2. No person shall, in this city, lead, ride, drive, or place any beast of burden or vehicle, on any paved sidewalk or foot way, otherwise than in going into or out of premises owned or occupied by him, or his employers; or shall hitch or fasten any animal tO' a fire plug, pump or hydrant, or to any fence, or ornamental or shade tree, lamp-post or awning post, not belonging to him or his employers; and every person so offending, shall forfeit and pay, for the use of said city, not ORDINANCES. 137 less than one nor more than fifty dollars for each and every such olfence. Sec. 3. No city officer, contractor or other person in the city, shall make any excavation in any highway or thorough¬ fare, without providing, during the night, a temporary fence or suitable obstruction around or in front of the same, to pre¬ vent persons animals, or vehicles from falling into the same; and every person thus offending, shall forfeit and pay for the use of said city, not less than five nor more than fifty dollars for each and every offence. Sec. 4. Every person owning or occupying any building in this city, shall cause the pipes conducting the water from the eaves of the building, to be so constructed or altered, as not to spread the water over the sidewalks; and every person ne¬ glecting to comply with this section, shall, for every such of¬ fence, forfeit and pay for the use of said city, not less than one nor more than ten dollars, for every week he or she so neglect to cause the said pipes to be so constructed or altered, as not to spread .the water over said sidewalk. Sec. 5. No person shall, in this city, leave open any cellar door, grating or vault, on any highway, thoroughfare, or side¬ walk, or suffer any such door or grating belonging to premi¬ ses occupied by him, or any such place, to be in an insecure con¬ dition, whereby passers may be in danger of falling into a cellar or vault; and every person so offending, shall forfeit and pay for the use of said city, not less than one nor more than one hundred dollars, for each and every such offence. Sec. 6 . That every person owning, acting as agent for or occupying any building or lot in said city, fronting on or ad¬ joining any sidewalk in said city, shall keep or cause the said sidewalk to be kept open, and free from all obstructions, bar¬ riers and impediments of every description; and the Street Commissioner shall cause every such obstruction, barrier or impediment to be immediately removed; in case the same is not removed within a reasonable time by the owner, agent or occupant of the building or lot fronting on or adjoining such sidewalk, on being notified by the Street Commissioner; and 138 ORDINANCES. if such notice is not complied with,- such owner, agent or occu¬ pant shall forfeit and pay for the use of said city, not less than two nor more than twenty-five dollars for every such offence, as well as all expense incurred by the Street Commissioner in removing or causing the same to be removed, Provided , that it shall and may be lawful for any citizen of said city to prefer complaint before the Police Magistrate's Court for any viola¬ tion of this ordinance; prior to the giving of the notice herein¬ before set forth, upon such complaint being made by any citi¬ zen, the party found guilty of violating the provisions of this ordinance shall forfeit and pay, for the use of said city, not less than one nor more than ten dollars for every such offence; Pro¬ vided , further , that the Street Commissioner shall permit tem¬ porary obstructions to persons in receiving, selling or remov¬ ing fuel, lumber, plank, boxes of merchandize, and other arti¬ cles of trade, if such obstructions be removed within twenty- : four hours. * Sec. 7. That all drays, carts, wagons or other carriages of any description, laden or unladen, unemployed or when making temporary stoppages in any of the streets, lanes, ave¬ nues or alleys shall be placed by the drivers thereof on either side of the street, lane, avenue or alley, lengthways close to the curb stone, or in such a position that the centre of the street, lane, avenue, or alley may be left open and free for all carriages, drays, carts, wagons or other conveyances going to and fro; but no such dray, cart, wagon or other carriage, shall be plac¬ ed in any street or near the intersection of any street, lane, avenue or alley, in such manner as to cross the ! footway, or prevent a free passage in such pathway, street, lane, avenue or alley. Nor shall any dray, cart, wagon or other carriage when unemployed, be left or permitted to stand in any street, lane, avenue or alley without leaving at least thirty feet of the centre of such street, lane, avenue or alley for travel to and fro. Provided , that no person shall be permitted to place any wagon, cart, dray or other carriage lengthways of the curt) stone as herein before provided, except he or she be the ow¬ ner of the lot before which the same shall be placed, and eve- ORDINANCES. 139 ry person violating of any of the provisions of this-section, shall forfeit and pay- for the use of said city, not less than one nor more than fifty dollars for each and every offence. NO. XXX. An Ordinance concerning Offences against Official Authority , and Concerning the abuse of Official Authority and the JVeglect^of Official Duties. Sec. 1. Assuming official authority. Resisting officers, &c. Penalty for. P. M. may recognize persons resisting to answer to in¬ dictment. 2. 0fficers refusing to perform duties. Penalty for. 3. Officers may be removed, and proceedings therein. 4. Officers to surrender books, &c. Section 1. Be it ordained by the City Council of the City of Quincy , That no person shall, in this city, falsely repre¬ sent himself to he an officer of this city, or shall, without being duly authorized by the city, exercise or attempt to exercise any of the duties, functions or powers of a city officer; or shall hinder, obstruct, resist or otherwise interfere with any city officer in the discharge of his official duties, or attempt to pre¬ vent any such officer from arresting any person, or attempt to rescue from such officer any person in his custody; and every person so offending shall forfeit and pay for the use of said city, not less than five nor more than one hundred dollars, for each and every offence. Provided , however, that if in the opinion of the Police Magistrate after hearing evidence, the defendant or defendants appear to be guilty of any indictable offence un¬ der the general laws of the State, it shall be the duty of the Police Magistrate to hold said defendant to bail, or commit him or them to answer said indictment in the Adams county Circuit Court, and in such case the Police Magistrate shall in¬ flict no fine under this section. Sec. 2. Every officer appointed by the city council, who shall fail or neglect to perform any duty assigned him by or- 140 ORDINANCES. dinance, shall, for every such offence, forfeit and pay for tho use of said city not less than five nor more than one hundred dollars for every such offence. Sec. 3. That any officer appointed by the city council, may be removed by a majority of said council for incompe¬ tency, or any dereliction or violation of duty, on the com¬ plaint in writing of any inhabitant of said city, or whenever the said council shall think the interests of said city require said removal; Provided, however, that no officer shall be re¬ moved as aforesaid, until he shall have had notice of such in¬ tended removal and of the charge or charges preferred against him, served on him by the city clerk, and an opportunity to ex¬ culpate himself before said council. Sec. 4. That each officer herein mentioned, on his resigna¬ tion, removal, or expiration of his term of office, shall deliver to his successor, all books, papers or other property pertaining to such office. NO. XXXI. An Ordinance Concerning Penalties in the Police Magistrate 1 s Court . Sec. 1. Penalties not provided for, what to be. Section 1 . Be it ordained by the City Council of the city of Quincy , That whoever shall be convicted in the Police Magis¬ trate’s Court under any ordinance of the city, in case where no specific penalty is prescribed, shall forfeit and pay for the use of said city, a sum not less than three nor more than one hun- •/ • dred dollars for any such offence. ORDINANCES. 141 NO. XXXII. An Ordinance Relating to the Public Schools of the City. Sec. 1. Superintendent to have control of School?. Superintendent's powers and duties. To be under supervision of City Council. 2. Superintendent to keep record of his acts and account of ex¬ penses. To make reports to Council. Other powers and duties. 3. Council to appoint Board of Visitors. Their powers and du¬ ties. To examine teachers; make report to Council. 4. How expenses of Schools paid, and claims how allowed. 5. City Treasurer, School Treasurer. His duties and compen¬ sation. G. How enumeration of children taken. Compensatson. Section 1. Be it Ordained by the City Council of the city of Quincy , That the Superintendent of Schools shall have the control and direction of the Public Schools of the city. He shall employ teachers, fix their respective salaries, and he is hereby authorized to draw orders on the City Treasurer, quar¬ terly, for the amount of salary due to each respectively, direct their labors, decide on the books, maps, globes, charts and ap¬ paratus to be used in the public schools, attend to the condi¬ tion and repair of school houses, provide furniture necessary for school rooms, provide fuel for the several schools, person¬ ally visit each school once in two weeks, and examine into the condition and conduct of the same. He shall attend to fur¬ nishing the respective schools with whatever may be necessary for the convenience of the teachers and scholars, of ordinary use in public schools, and certify to the city council the amount due any person for teaching when required. He may dis¬ charge teachers for incompetency, -or other reasonable cause, subject to the approval of the city council. He may estab¬ lish a code of rules for the government of the public schools, and alter or annul the same. He shall be under the supervi¬ sion of the city council and said city council may generally direct him in the discharge of his duties, and sanction or an¬ nul his acts and doings at pleasure. Sec. 2. Be it further ordained , That said superintendent shall keep a record of his actings and doings, and an account 142 ORDINANCES. of all expenses arising from-the public schools. He shall keep an account with eacli teacher, as well as between himself and the oity, and the same shall be a public record of the city, sub¬ ject at all times to the inspection of the city council and per¬ sons interested, and shall be submitted to the city council, to¬ gether with his annual report hereinafter mentioned. lie shall make annual reports to the city council in writing on or before the first day of July of each year, showing the expen¬ ses of the public schools for the previous year and the items thereof, and shall so soon as practicable thereafter, make set¬ tlement with the city council for the ■previous year. The an¬ nual report provided for in this section shall also exhibit and show the number of public schools within the city, the number of school houses and school apartments, the number of teach¬ ers employed, male and female, and the salary of eacli; the number of children admitted to the several public schools du¬ ring the previous year, the average number of scholars attend¬ ing, and the total number of days attendance; the branches of learning taught, the leading books used, and such other statis- tical information relating.to the public schools as he may be able to obtain; and to which report said Superintendent shall append such information, recommendations and suggestions as he may deem advisable. A synopsis of said report shall lie published in the city newspapers, so soon as practicable after the same shall be made annually. Sec. 3. Be it further ordained , That the city council shall appoint, so soon as practicable, a board of Public School Visi¬ tors, consisting of three residents of the city, who shall hold their offices until the next annual organization of the citv council, and who shall thereafter be appointed annually, in manner provided by ordinance for the appointment of city officers by the city council. Said Board of Visitors, or a ma¬ jority of them, shall examine all teachers and decide on their qualifications, and shall grant certificates of qualification to teachers; and no teacher shall be employed without such cer¬ tificate of qualification; Provided , in case of the absence or inability of a majority of said board, teachers may be employ¬ ed, until such examination can be made. Said board of visi - ORDINANCES. 143 tors shall, on request of the Mayor, and as often as once in every three months, visit the several public schools of the city, and enquire into and examine the mode of teaching, the books and apparatus used, the competency and conduct of the teach¬ ers, the proficiency of the scholars, and the general condition of the schools, and shall make report in writing, of the condi¬ tion thereof, appending to their report such information, re¬ commendations and suggestions in relation to said schools as they may deem advisable. Sec. 4. Be it further ordained , That the expenses of the public schools shall be paid out of the district school fund, and in case the same shall be insufficient, the deficit shall be paid out of the common treasury of the city, as the city council may from time to time order. All claims against the city, or any fund thereof, accruing on account of the public schools, except salary of Superintendent and salaries of Teachers, shall be audited by the Auditing Committee, and before they are paid, allowed by the city council. Sec. 5. Be it further ordained. That the City Treasurer shall be ex oficio treasurer of the Quincy School District, and shall perform such duties and receive such compensation, where not otherwise provided by ordinance, as treasurers of school townships may be entitled to in like cases, under the laws of this State relating to common schools; and shall perform such other duties as may be required of him by the city council. Sec. 6 . Be it further , ordained , That the City Treasurer shall take or cause to be taken correct enumerations of the children within the Quincy School District, and make return thereof to the School Commissioner of Adams county, at the time and in the manner provided by the laws of this State relating to common schools; and the city council shall allow him such, compensation therefor as may be equitable. 144 ORDINANCES. NO. XXXIII. An Ordinance Concerning Assessments for Paving , Planking or McAdamizing the Streets and Alleys. Sec. 1. When majority petition. Committee to estimate and report plan. 2. Order. Form of. 3. Commissioners to assess. 4. Clerk to notify. Oath to be taken. 5. Notice of commissioners. Certificate to be attached. 6. Assessment Roll. Form of &c. 7. Return of assessment. Clerk to give notice of. 8. Confirmation of assessment. 9. Collectors warrant. Form of. 10. Collector. Powers of. 11. Assessment when valid. 12. City to improve. Compensation of Commissioners. How paid. Section 1. Be it ordained by the City Council of the city of ; Quincy , That whenever a major part of the owners or holders ■of real estate, either of lots or parts of lots fronting on any street or alley, or part of street or alley, shall petition the city council for paving, planking or macadamizing said street or al¬ ley or part of street or alley, and the said council shall deem it necessary to cause the same to be so paved, planked or macada¬ mized, the subject shall be referred to an appropriate committee of not less than three, whose duty it shall be to prepare and re¬ port to the council the plan of such improvement, with an accu¬ rate estimate of the expenses thereof, including the supposed cost of making the assessment as hereinafter provided; it shall be the duty of the City Engineer to assist the committee in making said estimate; said estimate shall be made in writing, and shall be submitted to the council in connection with the report. Sec. 2. Whenever such improvement shall be ordered by the council the order therefor may be in the following form: M Ordered that street, from street to street be planked, (or otherwise improved as the case may be,) with (here describe the materials of planking, &c.,) and the sum of dollars be assessed upon the real es« ORDINANCES. 145 tatc in the division of the citv benefitted thereby, to defray expenses of such improvement. Sec. 3. When the assessment shall be ordered, the city council shall, by ballot, elect, three reputable freeholders resi¬ ding in the city to make the same; if elected at time of said order, the names shall be recorded by the clerk in connection therewith, as follows : “ The city council thereupon proceeded to make choice by ballot of three Commissioners to make such assessment. On the first ballot (or as the case may be) A. B. C. D., &c., re¬ ceived ballots each (or as the case may be,) which being the majority of all the Aldermen of the city, they were de¬ clared duly elected as Commissioners to make the said assess¬ ment; (if the election be held subsequent to the passage of any order for an assessment, the order should be so changed as to conclude after the word commissioners as follows, to as¬ sess the sum of dollars, on the real estate in the division, benefitted by the (state the nature of the improve¬ ment,) in pursuance of an order of the city council, passed 185 .” Sec. 4. The clerk shall make out notices of the appoint¬ ment to the Commissioners, requiring them to appear and be qualified as such within five days after the service of notice. Notices shall be served by the City Marshal. Commissioners shall take the following oath, to be entered upon or attached to their assessment roll. “ The undersigned Commissioners, •appointed by the city council of the city of Quincy, to assess the sum of dollars upon the real estate, by us deemed bene¬ fitted by the planking of (or otherwise improving,) street, in proportion to the benefits resulting thereto, as near¬ ly as may be, do solemnly swear that we will faithfully and impartially execute our duty according to the best of our ability. A. B .) C. I). > Commissioners. E. F. j Sworn to and subscribed before me this day of 185 . -* 10 146 ORDINANCES. Sec. 5. Before entering upon their duties, the said Com¬ missioners shall give at least six days notice in a public news¬ paper printed and published in the city of Quincy, of the time and place of meeting, for the purpose of making their assess¬ ments; and they may, if necessary, adjourn from day to day. Such notice may be in the following form : COMMISSIONERS NOTICE. Public notice is hereby given to all persons interested that the undersigned Commissioners appointed by the city council of the city of Quincy, to assess the sum of dollars on the real estate in the division, by us deemed benefitted by the (here state the substance of the order,) will meet at in said division, on the day of at the hour of o’clock, M., for the purpose of making said assess¬ ment : A. B .) C. D. > Commissioners. E. F.j Quincy,-,185 . The Commissioners shall attach to their assessment roll a certificate of such publication, signed by the proprietor of such public newspaper. Sec. 6. The Commissioners shall be present at the time and place mentioned in such notice, for the purpose of making the assessment. When the same shall be completed, it shall be entered in a well bound book to be provided by the city, the roll shall contain the names of the owners of real estate when known, a description of the lots and parts of lots which may be assessed, the valuation of each separately, and the sums of money assessed thereon. It may be in the following form : ASSESSMENT ROLL. A description of the real estate in the division of the city of Quincy, deemed benefitted by the planking, (or otherwise as the case may be,) street, (or part of street as the case may be,) with the valuation thereof, and the sums of money severally assessed thereon by the Commissioners, to-wit: ORDINANCES. 147 Original town (or as the case may be.) o o Pi p • _L. h-* IT 1 ^ O CT+- ^ 3* p tr< o ert- td i—i o o * <1 p >—* § pi o p Ui m a> co co P w CD P t—i <1 P W CD P- P" CO P d- John Smith, 3 10 1,000 $18,25 00 00 Unknown, 5 11 500 9,12 00 00 When the said roll shall be completed, the Commissioners shall attach thereto a return which may be in the following form: The undersigned freeholders and residents of the city of Quincy, duly elected and appointed by the city council of the city of Quincy, to assess the sum of dollars on the real es¬ tate in the division of the said city, by us deemed benefit- ted by the planking street, (or otherwise improving the same,) do hereby report to the city council: That in pursu¬ ance of said appointment they were duly qualified before en¬ tering upon their duties as appears by the oath recorded here¬ in, that they published a notice of the time and place of their meeting for the purpose of making such assessment in the a public newspaper printed and published in the said city, for the period of six consecutive days previous to such meeting; a certificate of which publication is hereto annexed, that they were present at the time and place and for the purpose desig¬ nated in the said notice, and did then and there, and do here¬ by in pursuance of said appointment, assess the said sum of money upon the real estate hereinbefore set forth and describ¬ ed as benefitted in the respective proportions of said sum set opposite to each lot and part of lot respectively, in the forego¬ ing assessment roll, having first fixed a valuation on said real estate, which is likewise set forth in the said roll. All of which is respectively submitted. A. B .) C. D. >• Commissioners. E. F.) Quincy, 185 148 ORDINANCES. Sec. 7. The commissioners shall complete the assessment roll and file the same in the office of the City Clerk, within twenty days after their appointment, unless further time shall be given them for that purpose. The Clerk shall thereupon cause a notice of the return of such assessment, to be published for six days in some public newspaper published in said city, and a certificate of the propriety thereof shall be written upon or attached to the roll. The notice may be in the following form : ASSESSMENT NOTICE. City Clerk’s Office, City of Quincy, 185 . Public notice is hereby given to all persons interested, that the Commissioners appointed by the City Council of the city of Quincy to assess the sum of dollars on the real estate in the division benefitted by (here state the substance of the order) have completed their assessment, and made return thereof to my office. . Any person wishing to appeal from said assessment, must file their objections, in writing, in my office, on or before the day of ,185 , at o’clock, m„ as the City Council will then at that time meet at my office to hear all objections to the assessment, and will revise and confirm, or annul the same. A. B», Clerk. Sec. 8. When all objections to the assessment shall have been heard, and the roll revised and corrected by the City Council, an order of confirmation shall thereupon be entered by the Clerk, (if such order shall be made,) which order may be in the following form, to wit : Whereas, due notice has been given by the City Clerk, of of the return of the assessment made by the Commissioners appointed by the City Council, on the day of 185 , to assess the sum of dollars on the real estate in di¬ vision, benefitted by the (here state the nature of the assess¬ ment,) and all objections to such assessment having been duly heard and disposed of by the City Council, (or “no ob¬ jections thereto having been made,” as the case may be,) it is therefore ordered, that the said assessment, as revised and cor¬ rected by the City Council, be and the same hereby is confirm- ORDINANCES, 149 ed. It is further ordered that a warrant be issued for the col¬ lection thereof, returnable within thirty days from its date. Sec. 9. Warrants issued for the collection of any special assessment, may be in the following form : collector’s warrant. State of Illinois, ) City of Quincy, j The people of the State of Illinois, to to the Marshal and Collector of the city of Quincy, greeting : Whereas, the City Council of the city of Quincy did on the day of 185 , confirm the assessment duly made and filed in the City Clerk’s office, by the Commissioner’s appointed by the City Council to assess the sum of dollars on real es¬ tate in the division of said city, deemed benefitted by (hei*b state the terms of the original order,) in proportion to the benefits resulting thereto, in pursuance of an order for said assessment made by the City Council on the day of , 185 , (if the roll has been revised by the Council then add "“after duly revising and correcting the same,”) and did there¬ by assess the said sum of money upon the real estate described in the roll of said assessment, in the respective proportions thereof marked “assessments,” set opposite to each lot, or part of lot, and described in said roll, wfiich roll is in the words and figures, to wit: ASSESSMENT ROLL, (Here insert a true and perfect copy of the corrected assess¬ ment roll, with a blank column for the entry of payments.) Now, therefore, you are hereby commanded to make levy and collect, of the goods and chattels of the respective owners of the real estate above described, the several sums of money assessed thereon, for which each may be liable as aforesaid, and hereof make due return in what manner you shall execute this writ, within thirty days from the date thereof. Witness : (J. W.) Mayor of the city of [l. s.] Quincy, and the coporate seal thereof, this day of 185 . J. W. Mayor. Attest: A. B. Clerk. Sec. 10. The Collector shall have the same powers in the 150 ORDINANCES-. collection of warrants for assessment as for general taxes. If any part of the assessment shall not be collected by the re¬ turn da} r of the warrant, lie shall make return thereof in the manner required for the return of the delinquent list under the revenue act of said city, and the same order of sale, and notice thereof, shall be made and given in the same manner as prescribed by the ordinance of said city, relating to the revenue. All assessments for special tax, as aforesaid, shall be charged to the Marshal as Collector, and said Marshal shall be liable therefor in the manner and to the same extent as for general taxes. Sec. 11. No assessment shall be deemed to be invalid in A any case where the same shall be made in conformity with law, though the same should not be made in conformity with the proceedings and forms herein prescribed. Sec. 12. That whenever the city shall order an assess¬ ment for any of the improvements herein, the city shall, at the cost of the city, make the like improvements at the squares or cross streets, and make the gutters on each side of the street where the improvements are made, and also in front of all alleys and public ground. The commissioners appointed under this ordinance shall re¬ ceive as a compensation for each day’s actual service, the sum of two dollars; and the same compensation shall be allowed the person collecting said tax, as is now provided for like ser¬ vice under the revenue ordinance of the city. Said services to be paid out of said assessment, and to be made a part of the estimate of the cost of said improvement. ORDINANCES. 151 NO. XXXIY. An Ordinance to Establish and Regulate the Police Department . Sec. 1. Establishment of—and what. 2. How appointed. 3. Term. Salary. 4. Mayor to have control of. May remove. 5. Police Constable chief of. Duties and powers of. 6. Watchmen. Duties of. Powers of. Prohibitions. 7. Watchmen. Age of. Oath. Bond required. 8. Fine. Removal from. 9. Calaboose. Keeper of. 10. Power to arrest. How—when and who. 11. To call assistance. Penalty for refusing. 12. Bail maybe given. Form of. Statement of officer. 13. Police. Who may call out. 14. Bond. Who approved by. 15. Fines paid over. Section 1. Be it ordained by the City Council of the city of Quincy , That there shall be and hereby is established a Po¬ lice Department, to consist of the mayor, a police constable, and such watchmen as may be appointed in the manner here¬ inafter prescribed. Sec. 2. The police constable and watchmen shall be ap¬ pointed by the city council, and any candidate for either of said offices receiving a majority of the votes cast shall be de¬ clared elected, any ordinance to the contrary notwithstanding. Sec. 3. The police constable and watchmen shall hold their appointment for the time specified in the order making their appointment, (unless discharged as hereinafter provided) and shall receive such salary as shall be designated therein. Sec. 4. The mayor shall have the general supervision and control of the city police. He shall from time to time make such regulations touching their duties under the ordinance, as to him shall seem best for the maintainance of order in the city, and for enforcing a due observance of the ordinances thereof. He shall require of the city police a strict perform¬ ance of their duties; and in the case of the neglect or refu¬ sal of any officer appointed under and by virtue of this ordi- 152 ORDINANCES nance to perform his duty, or for any drunken or riotous conduct, it shall be his duty to discharge the officer so neglecting or refusing, from the service of the city, and appoint a substi¬ tute to serve until the next meeting of the city council thereaf¬ ter. Sec. 5. The police constable shall be chief of the city police, (subordinate only to the mayor and council in session) and all the watchmen shall be in subordination to him, except in cases otherwise provided by ordinance. It shall be his duty to collect all dues coming to the city (not peculiarly within the province of the marshal to collect.) He shall see that the sidewalks, streets and alleys arc kept free from rubbish and other impediments, and that the ordinances are strictly con¬ formed to. It shall also be his duty to see that the watchmen are on duty every night; appoint their different districts or beats each evening, and in case of the sickness or necessary absence of any of the watchmen, to employ a substitute or sub¬ stitutes until his or their return to duty, or until the next meet¬ ing of the city council. It shall also be the duty of the police constable to report to the city council, at their stated meet¬ ings, monthly, the number of nights each watchman has perform¬ ed duty in the preceding month, which report shall be verified by the oath of said constable. Sec. G. It shall be the duty of the watchmen to meet at 3uch places as may be designated by the police constable, every evening at nine o’clock, and to continue in active duty until four o’clock, a. m., from April the first until October the first; and until five o’clock, a. m., the remainder of the year, under such rules as may be provided by the mayor or police constable. The watchmen shall have power and authority for the purpose of making arrests and quelling disorders while on duty; to enter in a peaceable manner, or if resisted, after de¬ mand made, with force into any house, store, shop, grocery or other building, whatever, where any illegal practices or viola¬ tions of the ordinances are being carried on. But no watch¬ man shall, while on duty as such, enter any public house, dram shop or drinking saloon, except for the purpose of making ar¬ rests or quelling disorders. ORDINANCES. 153 Sec. 7. Every person appointed on the police of tlie city as hereinbefore provided for, shall not be less than twenty-five and not more than fifty years of age, and at the time of his ap¬ pointment shall have resided in the city at least two years next preceding his appointment, and he shall be able to speak the English language distinctly, and not interested or employ¬ ed in the keeping of any tavern, inn, coffee house, beer house or dram shop; and before entering upon the duties of his office, take and subscribe an oath that he will, during his continuance in such office, faithfully discharge the duties of the same to the best of his ability, and shall give bond with security'—the police constable in the sum of $1,000, and the watchmen in the sum of $200 each, to be approved by the city council. Sec. 8. Any person appointed to any office under the pro¬ visions of this ordinance, who shall be derelict in the perform¬ ance of his duties therein in any particular, shall on conviction thereof, be fined in a sum not less than five nor more than fifty dollars, and shall forfeit all arrears that may be due him from the city for services in said office, besides being subject to re¬ moval as hereinbefore provided; said fine to be sued for and recovered as in cases of other breaches of the city ordinances. Sec. 9. There shall be designated from time to time by the city council, a calaboose, jail, or city prison, within the limits of said city, for the punishment of such offenders by im¬ prisonment therein, as shall fail or refuse to pay the fines and forfeitures which may be rendered against them, or shall re¬ fuse or fail to give bail when arrested to answer for any vio¬ lation of any ordinance of the city, or shall be subject to im¬ prisonment under the authority of any ordinance. The police constable shall have charge of the calaboose, subject to and under the supervision of the mayor. Sec. 10. The members of the city police shall be regular and punctual in the discharge of their duties; they shall to the best of their abilities, preserve order, quiet and peace through¬ out the city; they shall arrest without warrant, any person found violating any law or ordinance; any person making loud and unusual noises, or otherwise disturbing the quiet and order of the city; any person found at any time of day or night, 154 ORDINANCES. being in a state of intoxication, in any street, sidewalk, alley or other public or exposed place in said city; any person who shall be exhibiting in said city any indecent act or conduct, calculated in any way to disturb the peace and good order by collecting crowds on the streets, sidewalks or elsewhere in said city or otherwise; any person using in any public or ex¬ posed place in said city, obscene or boisterous language. They shall also arrest without warrant all persons who may be found lurking about under suspicious circumstances, and secure them for examination; the officer making any such arrest shall forthwith take the party arrested before a police magistrate, to be dealt with according to law and as provided by the or¬ dinances. Should the officer make such arrest in the night, or at any other time when a police court is not in session, he shall convey the party to the calaboose, and there detain him until the sitting of the next police court thereafter, unless bail be given as provided in section “twelve’ 7 of this ordinance. Sec: 11. The mayor, marshal, and every member of the police department, are hereby severally authorized to call upon any inhabitant of the city to assist in quelling any riot¬ ous or disorderly conduct, or to aid in arresting or safe keep¬ ing any person accused of crime or breach of the law or ordi¬ nance; and any inhabitant so called on who shall neglect or refuse to give such aid and assistance to the best of his ability, shall be subject to a fine of not less than five nor more than fifty dollars, to be sued for and recovered as in other cases of other breaches of city ordinances. Sec. 12. Any person arrested without warrant for any of¬ fence, under any ordinance, shall have the right to release him¬ self or herself from custody by giving bail or recognizance for his appearance at the opening of the next police court thereafter, and for his remaining to answer said offence, which said recog¬ nizance shall be in form and substance substantially as follows: State of Illinois, | City of Quincy, ) * Know all men by these presents, that we, A. B. and C. D., are severally and jointly held and bound unto “the city of Quincy,” in the penal sum of dollars, for the payment whereof we hereby jointly and sever- ORDINANCES. 155 ally bind ourselves, our heirs, executors, or administrators. Signed and sealed this day of A. D. 185 % The condition of this recognizance is such, that whereas, the above bonnden A. B. has this day been arrested by M. N‘, police constable for the city of Quincy, (or C. P., watchman, as the case may be.) charged with a violation of an ordinance of said city, (here insert the title thereof,) in this, to wit: (here describe the particular breach in the language of the or. dinance,) on the day of A. D., 185 . Now, if the said A. B. shall personally be and appear before the police court within and for the city of Quincy, at the first regular meet¬ ing thereof next to be liolden, and shall remain and abide the order of the court, and not depart without leave, then the re¬ cognizance shall be void, otherwise to remain in full force and virtue. Acknowledged before me A-B- [l. s.] C— — D - [l. sj M-N-, Marshal, or C-P-, Watchman, or J-B-, Police Constable. To which recognizance thus executed and ackowledged, the person making the arrest shall add a statement of the form and effect following, to wit: A-B-, to the city of Quincy, Dr. To dollars, for breach of ordinance, as specified in the above and foregoing recognizance. The amount of said recognizance and statement shall in no case exceed one hundred dollars, and may be varied according to the penalty for the violation charged, and the same shall be filed with the police magistrate, on or before the opening of the court. Sec. 13. The city police shall be subject at all times, day or night, to be called out by the mayor, aldermen or police magistrates, to make arrests, quell disorders, maintain peace, or suppress riots in said city. Sec. 14. In all cases of arrest, when the parties arrested, wish to give bond for appearance as herein above provided, said bond shall be approved by a police magistrate, if conve¬ nient, when such approval is not convenient to be had, said bond shall be approved by the officer making the arrest. Sec. 15. All fines and penalties collected under this ordi- 156 ORDINANCES. nance, shall be paid by the officer collecting to the police mag¬ istrate, and by him paid over to the treasurer. NO. XXXV. An Ordinance Regulating the Erection and use of Scales on Streets, fyc. Skc. 1. License required. Terms of. 2. On private property. 3. Register to Keep. 4. Fee for Weighing. 5. Penalty. Section 1 . Re it Ordained by the City Council of the city of Quincy , That all persons now owning or renting Hay Scales, or any scales used, being built or to be erected on any street,, alley or public grounds within the limits of said city, shall ob¬ tain license for the use thereof from the city council of said city in the same manner that other licenses are now granted. The terms and condition of said license to be determined by the council, whenever application is made therefor. Sec. 2. All persons having, or who shall hereafter erect scales on any private property or enclosure within the limits of said city for hire or using for a compensation shall procure a license therefor. Sec. 3. All persons owning scales for hire shall keep a Register of all commodities weighed by them. Said register showing the true weight and tare thereto belonging, and shall hold the said register subject to the inspection of all persons interested therein. Sec. 4. All persons owning scales may collect for the use of said scales, and making and delivering the proper certificate of the true weight and tare of any commodity, the sum of “twenty cents,'' for each and every load or draft of the capacity of said scales. Sec. 5. All persons violating this ordinance shall forfeit and pay for the use of said city, a sum of not less than ten nor more than fifty dollars for every offence. ORDINANCES. 157 NO. XXXVI. An Ordinance to Restrain Bowling or Ten Pin Alleys. Sec. 1. Licenses required. Price of. 2. Penalty. Section 1. Be it ordained by the City Council of the city of Quincy , That no person shall keep a Bowling or Ten Pin Al¬ ley, within the limits of the city, without having first obtained a license therefor from the city council; which license shall be granted for one year, on payment to the city clerk of the sum of fifty dollars, and at that rate for a shorter time. Sec. 2. Be it farther ordained , That any person who shall violate the provisions of this ordinance, shall forfeit and pay to the city, not more than twenty-five nor less than five dollars for each and every offence, which shall be collected as other penalties are for violation of city ordinances. NO. XXXVII. An Ordinance authorizing and requiring the City Clerk to perform the duties of Inspector of Weights and Measures in certain cases , Sec. 1. City Clerk to inspect. 2. Clerk’s fee. 3. Penalty for refusing to permit Clerk to examine. Section 1. Be it ordained by the City Council of the city of Quincy , That the city clerk be and is hereby authorized and required on application of any party interested, to repair to the place of business of any person designated in such applica¬ tion, and inspect, seal and deliver certificate of inspection of aany and all weights and measures then held for use at such place of business as the applicant shall require. Sec. 2. The clerk shall receive from the party making ’Such application, the sum of one dollar for each and every cer¬ tificate of such inspection, as fees for his services. Sec. 3 Any owner or person using scales or implements of 158 ORDINANCES. weights and measures who shall, in any manner refuse to per¬ mit or prevent his weights and measures being examined by the city clerk on application, of said clerk within reasonable business hours, shall forfeit and pay for the use of said city the sum of ten dollars for each and every offence; said pen¬ alty to be collected in the same manner as other fines and penalties. NO. XXXYIII. An Ordinance entitled l 'An Ordinance for the protection of Gas Lights, and the interests of the Quincy Gas and Coke Company." Sec. 1. No person shall turn on. Penalty. 2. No person shall break, &c. Penalty. Section 1. Be it ordained by the City Council of the city of Quincy , That no person not authorized by the city council of said city or by the Quincy Gas and Coke Company, shall turn on, open or shut off the Gas, or in any manner deface or inter¬ fere with the Gaspipes or in any way obstruct the light of the lamps in the streets of the city. Every person so offending shall forfeit and pay for the use of said city, not less than five nor more than one hundred dollars for each and every offence. Sec. 2. Any person who shall deface, break or in any manner injure any lamp, lamp-post or any fixture or attach¬ ment to lamps, lamp-posts, burners, gas works, or any other construction of the Quincy Gas and Coke Company of the city of Quincy, or shall drive against or tie any horse or other ani¬ mal to, or in any manner injure the lamp-posts in said city,, shall forfeit and pay for the use of said Gas and Coke Compa¬ ny, not less than five nor more than one hundred dollars for every offence; this penalty to be sued for by the agent of said Gas and Coke Company, before any Magistrate having juris¬ diction. ORDINANCES. 159 NO. XXIX. An Ordinance Regulating the issuing of Licenses , Sfc. Sec. 1. Application made to Council. 2. Power to revoke. 3. To be closed. Hour of. 4. To complain. Who may. 5. Penalty. Revocation. Notice Clerk to give. Section 1. Be it ordained by the City Council of the city of Quincy , That hereafter no license shall be issued by the city clerk, for the keeping of Restaurants. Eating-houses or Sa¬ loons, wherein spirits, spirituous liquors, wines, beer, or ale are sold, until the application for the same shall have been presented to and approved by the city council, and an order made for the issuing of the same. Sec. 2. Be it further ordained , That all licenses hereafter issued for the keeping of groceries, restaurants, eating-houses or saloons, wherein spirits, spirituous liquors, wines, beer or ale are sold, may be revoked and rendered null and void, whenever the city council shall so declare, by a majority of the votes of the members of the Board present. Sec. 3. Be it further ordained , That all restaurants, eating- houses, saloons and all places at or wherein spirits, spirituous liquors, wine, beer, or ale are sold, shall be closed at all times at and after eleven o’clock in the evening. Sec. 4. Be it further ordained , That it may be lawful for any citizen, and it shall be the duty of the City Marshal, Po¬ lice Constable and Night Watch, to make complaint before the Police Magistrate for any violation of this ordinance. Sec. 5. Be it further ordained , That any proprietor or oc¬ cupant, having charge of any restaurant, eating-house, saloon or place of public resort who shall violate this ordinance, shall forfeit and pay for the use of said city, the sum of twenty dol¬ lars for the first offence, and not less than forty dollars for the second and each subsequent offence, to be recovered as other penalties for violation of the city ordinance; and if the person convicted shall be the keeper of a licensed house, the city coun¬ cil shall have power, and it shall be lawful for them to declare 1G0 ORDINANCES. said license forfeited; and upon the forfeiture of any license under this ordinance, it shall be the duty of the city clerk to give to the party whose license has been declared forfeited, a written notice thereof within twenty-four hours thereafter. NO. XL. An Ordinance Relating to the sale of Spirituous or Vinous Liquors. Sec. 1. License required. 2. Application for. Time of. 3. Keep one place only. Proviso. 4. Not assignable. Proviso. 5. Amount to be paid. 6. Bond required. 7. Clerk to keep register. 8. Penalty. 9. Clerk’s fee. Section 1 . Be it ordained by the City Council of the city of Quincy , That no person or co-partnership shall in the city of Quincy, directly or indirectly in person or by another person sell, barter, or deliver, or knowingly permit to be sold, bar¬ tered or delivered for or on his or their account, any spiritu¬ ous or vinous liquors in less quantities than one gallon with¬ out a license first obtained according to the provisions of this ordinance as a grocery or drinking saloon. Sec. 2. Any person wishing to keep a grocery or drinking saloon, shall make application to the city council therefor, and if said application shall be granted by said council, upon pay¬ ment to the city clerk by said applicant of the sum hereinafter required; lie shall issue license to said applicant to keep a gro¬ cery or drinking saloon as applied for, not less than six nor more than twelve months from the date of the license at the place designated in said application. Sec. 3. No person or persons so licensed, shall, under such license, keep a grocery or drinking saloon at any other place than the place so designated; Provided , that lie or they may re¬ move the carrying on of such business, during the continuance ORDINANCES. 161 of such license from the tenement designated therein to any other tenement upon permission from the city council. Sec. 4. No license granted under this ordinance shall be assignable or transferable, only by permission of the city coun¬ cil and upon such transfer being made, the party to whom transferred shall give bond with good and sufficient security the same as in the granting of a new license. Sec. 5. For a license for a grocery or drinking saloon there shall be paid by the applicant, before granting the same, the sum of two hundred dollars for twelve months or one hun¬ dred dollars for six months, and any such license shall author¬ ize the keeping of said grocery or drinking saloon at one place only. Sec. 6. The applicant before the license is granted as afore¬ said, shall execute a bond payable to the city of Quincy, in the penal sum of five hundred dollars with one or more securities, to be approved by the city clerk conditioned, that the applicant will keep an orderly house, and keep the same closed at all times on the sabbath day, and not permit any unlawful gaming or riotous conduct in his house at any time, and that he will observe and keep all the ordinances of said city then in force, or that may be passed during the continuance of said license, touch¬ ing and governing groceries or drinking saloons, or any order made in relation thereto by the city council. Sec. 7. The city clerk shall keep a registry of the licenses granted under this ordinance, to whom granted, the time when granted and the time the same expires, and shall pay all mon¬ ies arising therefrom into the city treasury^ Sec. 8, Whoever shall violate any of the provisions of this ordinance, shall for the first offence, forfeit and pay for the use of said city not less than ten nor more than fifty dollars, and for the second and each subsequent offence not less than twen¬ ty nor more than one hundred dollars, to be recovered as other penalties. Sec. 9. There shall be paid by the applicant to the clerk as his fee for making out said license and taking bond the sum of one dollar. 162 ORDINANCES-. NO. XLI. An Ordinance Relating to the sale of Fermented Liquors. Sec. 1. Licenses required. 2. Keeper of. Defined. 3. Prohibition. 4. Not transferable. Proviso. 5. Application for. 6. Time of. Amount to be paid. 7. Clerk to keep register. 8. Not to be kept open—when. 9. Bond required. 10. Penalty. 111. License forfeited. 12. Clerk’s fee. Section 1. Be it ordained by the City Council of the City of Quincy , That no person, or copartnership of persons, except those having a grocery license, shall in the city sell or keep for sale to be drank on the premises by the small or glass, any beer, ale or other fermented liquors, or shall suffer the same to be so bartered or sold without license first obtained, accord¬ ing to this ordinance. Sec. 2. A keeper of a beer house is a person permitted by law, being licensed according to the provisions of this ordi¬ nance, to sell fermented liquors in any quantity less than one quart, to be drank at the place of sale. Sec. 3. No keeper of a beer house shall barter or give away beer at his house, any wine or spirituous liquors under any pretence whatever. Sec. 4. No license granted under the provisions of this or¬ dinance, shall be assignable or transferable, nor shall a person so licensed keep a beer house at any other place than the one designated by his application. Provided , however , that he may remove the carrying on said business during the continuance of said license, to any other tenement in the city, or assign or transfer the said license only upon permission of the city council. Sec. 5. Any person wishing to keep a beer house in said city shall make application to the city council therefor, and if ORDINANCES. 163 said application shall be granted, upom payment by said applb ( cant of the sum hereinafter required? the Clerk shall issue license to said applicant to keep a beer house. Sec. 6. The rate of license shall be as follows, to-wit: for six months the applicant shall pay the sum of twenty-five dol¬ lars, for twelve months the sum of fifty dollars, and no license shall be granted for a less time than six months, nor for a longer time than twelve months at any one time. Sec. 7. The clerk shall keep a registry of the names of all persons taking out license under the provisions of this ordi¬ nance, and the place where the business is to be carried on, and the time when granted, and when the same expires; and shall pay all money received therefrom into the city treasury. Sec. 8. No person licensed under this ordinance shall un¬ der the provisions thereof, under any pretext whatever keep open his house for the sale of his liquors, or for the purpose of permitting the same to be drank therein on the Sabbath day. Sec. 9. The applicant before the license is granted, as afore¬ said, shall execute a bond, payable to the city of Quincy,.in the penal sum of two hundred dollars, with one or more securities, to be approved by the City Clerk, conditioned that the appli¬ cant will keep an orderly house, and keep the same closed at all times on the Sabbath day, and not permit any unlawful gaming or riotous conduct in his house at any time, and that he will observe and keep all the ordinances of said city then in force, or that may be passed during the continuance of said license touching and governing beer houses, or any order made in relation thereto by the city council. Sec. 10. Whoever shall violate the provisions of this ordi¬ nance, shall forfeit andpay to> the city, to be collected as other penalties for violation of city ordinances, the sum of not less than ten nor more than twenty-five dollars for the first offence, and for the second and each subsequent offence, not less than twentv nor more than one hundred dollars. •/ Sec. 11. If any person having a license under this ordi¬ nance shall barter, sell or give away to be drank in his house, 164 ORDINANCES. any spirituous liquors under color of his license, upon convic¬ tion his license shall be forfeited. Sec. 12. The Clerk shall receive as a fee for granting a license under this ordinance, and taking bond, the sum of one dollar. NO. XLII. An Ordinance Relating to Streets and Capitation or Road Tax. for improving and repairing the same. Sec. 1. Tax levied. Proviso, 2. Fire companies. Secretaries of. 3, Duties of clerk. Marshal to collect, &c. Section 1 . Be it ordained by the City Council of the city of Quincy , That every male inhabitant of said city, not exempt by law from road labor, over the age of twenty-one years, and under the age of fifty years, shall pay annually as a capitation or road tax, the sum of one dollar and fifty cents, for the purpose of improving and repairing the streets throughout the city : Provided , that all clergymen shall be exempt from said tax. Sec. 2. Be it further ordained , That the Secretary of each and every fire company be and is hereby required to file with the Clerk of the city on or before the first day of May, in each and every year, a full and complete list of the acting members thereof, which list shall be taken as evidence of membership therein, and all persons so returned shall be exempt from the tax levied by this ordinance. Sec. 3. Be it further ordained, That the City Clerk shall make out and deliver to the City Marshal a list of all persons liable to said tax, so far as known, which tax list, when so de¬ livered to said Marshal, shall be collected by him in the same manner that other taxes are, and said Marshal shall have the same power to collect said tax list, as he has for collecting the general revenue under the ordinances of the city, and shall receive the same per cent for collecting. ORDINANCES. 165 NO. XLIII. Jin Ordinance Defining the Lamp District , and authorizing the levying of a Special Tax on the Real Estate therein . Sec. 1. Definition of. Extended how. 2. Tax to be levied. 3 How levied and collected. Section 1. Be it ordained hy the City Council of the city of Quincy , That all real estate situate within two hundred feet of the public Lamp Posts which may be erected in any street, lane or avenue on the first Monday in April in each year, shall be deemed the Lamp District of the city. The limits of said district may be extended from time to time by the extension of public lamps by a resolution of the City Council. Sec. 2. Be it further ordained , That on all real estate situ¬ ate within said lamp district, that an annual tax shall be levied sufficient to defray two-thirds of the expense of the gas and of lighting the public lamps therein. Sec. 3. Be it further ordained , That said tax shall be levied and collected at the same time and in the same manner that the general taxes are levied and collected. 166 ORDINANCES. NO. XLIV. An Ordinance Concerning the Assessment of Taxes and the Col¬ lection of the Revenue. Sec. 1. Wards. Division of. 2. Assessors. Appointment of. Duties of. 3. Clerk to make list for Assessors. 4. Form of. . » V 5. Personal list. 6. Assessor’s duties. 7. Powers of. 8. Assessor’s return—and form of. 9. Notice to be given by Clerk. 10. Confirmation of Rolls. 11. City Clerk to deliver copy of list to Marshal. 12. Marshal to give bond. Bond to be filed with Clerk. Marshal to collect taxes. 13. Marshal to call upon tax payers. May give notice of place and time of receiving taxes. Marshal’s duties. 14. Marshal may seize personal property for tax. Marshal’s duties. 15. M irshal to return tax list. To make out delinquent list—to certify and file the same. 16. Marshal to be credited with delinquent list. City Clerk to collect. City Council may require settlements of Marshal and sue on official bond. 17. City Clerk to give bond and file same with Treasurer. 18. Delinquent list to be advertised. How advertised. Clerk’s duties. Printer to certify. 19. Taxes may be paid till sale. How sold and what portion. 20. Manner of sale. Duties di Clerk. 21. Clerk to pay over money to Treasurer. To make settlement with City Council. Record of settlements to be made. 22. Redemptions. Clerk’s duties. 23. Deeds to be executed. Clerk’s duties. Effect of deed. 24. Notice to be given before deed executed. 25. Duplicate certificate may issue. 26. Sales in error—taxes refunded. 27. Duty of officers to list property omitted. 28. Fees oi officers, and how paid. 29. Repealing clause. ^Section 1. Be it ordained by the City Council of the city of ORDINANCES. 167 Quincy, That the city of Quincy shall be divided into three as¬ sessment divisions, for the purpose of assessment for taxes. The first division shall embrace all property included in the first ward of the old city limits prior to the supplementary act of the Legislature to incorporate the city of Quincy, approved January 17th, 1855, together with all the property north of Main street outside of the old and within the new city limits. The second division shall embrace all the property included in the second ward of the old city limits prior to the act afore¬ said. The third division shall embrace all the property in the third ward of the old city limits prior to the act aforesaid, to¬ gether with all the property south of Main street, outside of the old and within the new citv limits. Sec. 2. The City Council shall on the first Monday of Feb¬ ruary in each year, or so soon thereafter as is practicable, ap¬ point three Assessors, one for each division as aforesaid, in the same manner as other officers are appointed, who shall hold their office for one year and until their successor or suc¬ cessors shall be appointed and qualified, unless sooner removed by the Council. It shall be the duty of the Assessors of the several divisions,, before entering upon the duties of their office, to take and sub¬ scribe the following oath or affirmation: OATH OF ASSESSOR. I, A. B., do solemnly swear (or affirm, as the case may be,) that I will faithfully, diligently and impartially perform all the duties required of me by the laws of the State and the or¬ dinances of the city of Quincy, as the Assessor of taxable pro¬ perty in the division of said city. Subscribed and sworn to ) A. B. before me this day of > 185 . ) C. D. Sec. 3. The City Clerk shall on before the second Mon¬ day in February in every year, make out and deliver to the Assessor of each division, a well bound book containing a list and description of all taxable lots and lands lying in their 168 ORDINANCES. several divisions, the description of lots and lands to be in nu¬ merical order as far as practicable. The names of the owners shall be set opposite to their real estate, when known, and when unknown, a blank shall be left for the entry thereof by the Assessor; and it shall be the duty of the Assessor to fill the blank whenever he can ascertain the name of the owner. If any real estate shall be omitted by the Clerk, or if it should be desirable for the convenience of the owners that subdivision of any lot or other real estate should be made on the roll, in either case it shall be lawful for the Assessor to enter such real estate, and make such sub-divisions. Sec. 4. The following may be the form of the assessment roll, to wit: assessor’s roll. A list of taxable lots, parts of lots, and other real estate, situate and being in the division of the city of Quincy, with the Assessor’s valuation thereof, for the year eighteen hundred and -- Original Town (or as the case may be.) Owners’ name. Description Lot Block V aluation Corrected V aluation Sec. 5. The City Clerk shall prepare and rule columns in the Assessor’s rolls for the entry of personal estate subject to taxation. The names of owners of taxable personal property shall be entered by the Assessor in alphabetical order, and said roll may be in the following form : A list of the taxable personal estate in the division of the city of Quincy, with the names of the owners and the valu¬ ation thereof for the year eighteen hundred and- ORDINANCES. 1G9 fc* l-H Q Q CD o p p o p o ,<3 a r-t- W h h H- • p p p P ^ H—» >—-* O P P P Oq CD P-> i—'• P P pJ 02 • CSJ CD • P- p a P °A O J 02* w cd CD ■cs P P Pi hH hH O a 02 CD m e-t- o o PP U2 eH CD P B Q h— i o o PP o e-t- P -1 o o erh p, Q o <-t *~t CD 02 P i— P cC o 02 CD < p O c-t- CD P Pi g H a p o , p e-h GG P P P o >-q • hH V hj p 1 p c-+- t— 1 • o Pi <1 P 1 CD w CD P^ ►—» oT O p P • i Sec. 6. The Assessors shall, on being respectively provided with the rolls aforesaid, proceed without delay to ascertain the value of all real and personal property in their respective di¬ visions, by going when practicable, to every owner of such property. They shall be governed in their valuation by the cash value of the property, and if they shall deem it necesary, may require every owner to give in, under oath, either by him¬ self or agent, a list and description of all his real estate with the improvements thereon, together with the value thereof. The Assessor shall in the presence of such person, enter the same in his book, and value each lot and parcel of real estate and each species of personal property separately, placing the description and value opposite the name of the person owning or listing the same; and said Assessors shall have full power, and are hereby authorized to administer any oath relating to the assessment of property required by this ordinance. When Assessors shall have completed their assessments, they shall add up the several columns of their rolls, and carry the sev¬ eral amounts forward, so as to show at the end thereof the to¬ tal valuation of real and personal estate respectively. Sec. 7. If the Assessor shall not be able to find the owner of any real or personal estate in his division, or if any person shall refuse to take the oath when required by the Assessor, or shall give in less than the real and true value of his property, or shall refuse or fail to deliver a list of his taxable property when called on for that purpose, the Assessor shall, in every such case assess the value of the property of such person ac¬ cording to the best information he can procure. Personal property shall be assessed to the owner or person in possession 170 ORDINANCES. thereof, in the division of the city in which the same shall be found. Any real or personal estate which shall be omitted in the assessment of any year or years, shall when discovered by the Assessor, be noted in the roll and shall be assessed with the arrearages of taxes. Sec. 8. When the Assessors shall have completed their as¬ sessments they shall meet together and revise, equalize and correct the same; and having completed such revision, they shall sign the several rolls and return them to the city council on or before the third Monday of March in every year, unless further time shall be given for this purpose. The form of their return may be as follows : assessors’ return. Office of the Board of Assessors, Quincy,---185 . The undersigned, Assessors of the several divisions of the city of Quincy, do certify and return to the city council, that after they had severally completed their assessment rolls, they met together for the purpose and revised and equalized the same, and that the foregoing is the revised and corrected as¬ sessment roll of taxable real and personal estate in the division of said city for the year 185 A. B., Assessor of 1st Division. C. D., Assessor of 2d Division. E. F., Assessor of 3d Division. Sec. 9. On return of said rolls the city council shall fix a day for hearing objections thereto, and the city clerk shall give notice of the time and place of hearing the same, when and where all persons feeling themselves aggrieved by the as¬ sessment of their property, may appear at the time specified and make or file their objections. Notice may be of the fol¬ lowing form : Office of the City Clerk, } Quincy,---185 . [ Public notice is hereby given, that the assessment rolls of taxable real and personal-estate in the city of Quincy for the year 18 have been completed and returned to the city council by the Assessors. All ipersons feeling themselves ag- ORDINANCES. 171 grieved by the assessment of their property, are hereby re¬ quested to make or file their objections in my office, on or be¬ fore the day of at which time M f ftfl* .r - - ' V' «• * 1 ■ / ■ ■ '■' ' t ’ * ’ y ; L U&Jfc - ••/••• . : V: iy t vhAeL y rfk 4 t?* \\■- T3- v-v. • ’ ' */ : *1/ * 4plSM '< ,h./ if , • . : ' : f-bMfc. . w i ~ / ' tt-.* Cl r *'» - tf "•; -••# • • * ' ^|l .ft 1 ■ J • ^ *ri <• o'- ~V-w- . Wi - : • *' ; . / ; H Am -■ ■ • ! « • ;* > - • •- . . * - f J ■ ■' • .. *** v . * - , . . ■ -• < . r : ' ' — ,* INDEX Actions, 41, 115, 121,127 Alleys, 26, 81, 144 Appeals, 124, 215 Assessments, 10 to 13, 144 to 150, 166 to 171 Auctioneers, 28, 65, 66 Auditing claims, 85 Arrests, 116, 117, 153 to 156, 213 Attachments, 122, 185 Attorney, 62, 218, 219 Awnings, 16, 193, 194 Bail, 118, 119, 121, 124, 155 Bridewell, 28,29 Billiard Tables, 27, 68 Bonds, 29, 33, 43, 111 to 114, 216, 217 Bricks, 107 Bawdy Houses, 28, 134 Bowling Alleys, 157 Calaboose, 29,153 Capias, 118,127 Cemetry, Quincy, 85, 89 “ Woodland, 89,90 Corporation name of, 4 City Council powers of, 5 to 9, 26 to 30, 40, 43, 79 “ Boundaries, 4 to 5 “ Elections, 5 to 9, 33, 51 “ Legislative powers, 14 to 31 " Private property taking of, 17 to 26 “ Miscellaneous matters, 38 to 42 Officers, 56 Mayor, his powers and duties, 5, 6, 7, 31, 32, 33, 51, 75, 134, 151 to 156, 187, 205 J * Aldermen, 7, 8, 50, 51 J ‘ Marshal, 47, 58, 60, 61, 68 145, 208, 212 “ his fees, 70, to 77,114 to 129, 159, 164, 171 to 174, 179 Clerk of the Council, 20, 57, 64, 80 157,161,164, 179, 208 Treasurer, 58, 113, 143. 198, 208 Overseer of the Poor, 59,108 to 110, 187 Assessors, 167 to 170 Engineer, 59, 198 Clerk of the Market, 59, 94 to 102 City Weigher, 121, 222 Harbor Master, 60, 180 to 188 Chief Engineer, Fire dep’t, 37 210 to 214 Fire AVardens, 37, 210 to 214^. Sexton, 60, 85 to 89 Measurer, 56, 61, 104 to 107 Police Constable, 15,151 to 156, 212 Watchmen, 27, 151 to 156, 212 Physician, 56, 62, 167 Superintendent of Schools, 56, 63, 141 to 143 School Visitors, 142 Street Commissioner, 15, 56, 69 to 71, 81 to 85, 137 Officers—how appointed—to give bond— take oath—may be re¬ moved—to deliver documents to successor—to make settlements; vacancy, how filled, 15, 56, 57, 61,* 62 City Police, 151 to 156 City Warrants or Vouchers, 39, 85 Contracts,~ how let, 81 to 83 Contempts, 120 Costs, 125 to 127 Dead Animate, 71, 72 Depositions, 122 Dogs, 71. 74, 75 Drays, 190, 191 Damages, 17 to 26 Disturbing Peace and meetings, 130, 131 Driving immoderately, 135 Drunkenness, 132,133 Elections, 7, 8, 9, 51 to 54, 62 Evidence, 121 Execution, 122,123 Errata 207 Ferries, 27, 102 to 104 1NDKX. If 3Biieme T Fires, Fire Limits, Fiscal Exhibit, Fire Arms, 36, 37, 209 to 215 209 to 215 194 to 196, 205 39, 57 134, 135 False alarms of Fire, 131 Fines and Penalties, 40 Gas Co 158 Grocery defined, 219, 220 GunPowder, 107, 108 Garnishee, 119 Gaming, 133 Groceries, 160 Hospitals, power to erect, 16 Hallooing, &c., 130 Harbor, 180 to 186 Health, 70 to 73, 187 Hackney Carriages, 189, 190 Hay Scales, 156 Indecent Exhibitions, &c., 132 Inspection of Lumber &c., 26,104 to 107 Inspection of Weights k Measures, 27, 157 Imprisonment, 14, 39,122, 124 Jurors, 122, 127 Licences, power to grant, 28 44 “ revoke, 28 44 for shows &c,, 63 *• Stores, Brokers, Pedlers Auctioneers &c., 63 “ Manner of granting &c., 64,159 “ for sale of Lumber, 67,63 44 Billiard Tables, 68 " Bowling Alleys, 157 power to revoke, 159 44 Vinous and Spirituous Liquors. 160 44 Fermented Liquors, 162 44 Omnibusses, Carriages, Wagons and Brays, 189 to 192 j 44 Keeping dogs, 74, 75 i , inuUuiimnftiLilf I » I > I V ■ V * .. t . -t ' ‘til li' ♦ml v V k * r > . 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