(SnrttFU Slam Btl^aal ffiibratu Cornell University Library KFI1631.A3 1902 Laws of llinois relating to cities vii 3 1924 024 667 770 The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924024667770 LAWS OF ILLINOIS KELATINQ TO 8 In Fokoe July 1, 1901. Compiled and Published by JAMES A. ROSE, Secretary of State. ^TWADEs[ B||iSj jC0UHCJL) |171 SPEINGPIELD, Ilili.: Phillips Bbos., State Pbinters. 1902. EXPLANATORY. In making this compilation of laws relating to cities, villages and incorporated towns of Illinoi8,it has seemed advisable to group them in two divisions. Part I contains the general act of 1872 for the or- ganization of cities and villages and suljsequent acts relating speci- fically to municipalities organized under this act of 1872. Part II includes acts and parts of acts relating to municipalities organized under both general and special laws. Most of the acts in Part II are applicable to all municipalities of the State, though a few of them relate to cities only, as distinguished from towns and villages, and others only to certain municipalities incorporated un- der special acts prior to 1872. Sections have been taken from those chapters of the revised statutes relating to schools, revenue, criminal code, parks and other subjects applicable to municipalities. The paragraph and chapter numbers of the statutes have been retained and are enclosed within brackets at the end of each section. In this, as in every compilation from the statutes, it is possible that a more judicious selection of matter might have been made, and a better possible arrangement adopted; but probably no grave errors have been made in either direction. With such imperfections as it may contain, it is hoped that this volume will prove a convenience to the municipal authorities of the State. TABLE OF CONTENTS. PART I. General Act op 1872. [Paeaoraphs 1-168. J Article I. Of the Organization of Cities: Reorganizing from existing municipalities and organizing from new territory. . Paragraphs 1-20 Article II. Of the Matoe: His qualifications, term of office, powers, duties, etc Paragraphs 21-35 Article III. Of the Council: Their number, term of of&ce, qualifications, rules, powers, duties, jurisdiction, etc Paragraphs 36-61 Article IV. Elections: Annual election of city ofl&cers— Qualifications of voters — Minority representa- tion—Notice to officers elect— Special elections, etc Paragraphs 65-68 Article V. Op the Powers of the City Council; Powers enumerated— Ordinances, style of, publication of, proof of— Jurisdiction over waters- Street labor Paragraphs 69-79 Article VI. Officers — Their Powers and Duties: OfScers, elective and appointive— Duties, oath, bond, commission, qualifications, compensation, etc Paragraphs 80-95 Article VII. Of Finance: Fiscal year— Appropriations— Duties of treasurer— Receipts, vouchers, bonds, warrants, etc.— City collector— City comptroller— Insurance companies Paragraphs 96-118 Article VIII. Of the Assessment and Collection of Taxes: Ordinances— Limitation— Collection— Special taxes— Uniformity Paragraphs U9-123 Article IX. Special Assessments for Local Improvements: Ordinances- Eminent domain— Hearing— Judgment— General tax— Special tax- Sidewalks— Water pipes— Bonds— Installments, etc Paragraph 124 Article X. Water— Miscellaneous: Water supply— Rates— Taxation— Plats— Population— Census— "Municipal year'" etc Paragraphs 125-133 Article XI. Of the Oroanization of Villaobs: Reorganizing from incorporated towns— Organizing from new territory— Corpo- rate name— Powers— Ordinances— Village from city— Village from a village, etc. Paragraphs 134-158 6 PART II. Acts Conoeening Municipalities Oeganized Under G-eneeal oe Special Acts. [Paragraphs 169-1160.1 Oboanization: Acts concerning annexation, disconnection and division of municipal territory- Change of name— Change of site— Plate, etc Paragraphs 169-235 MnNioiPAL Officers: Acts coucernine— Powers, duties, salaries, etc Parasrraphs 236-348 Exections: Acts concerning municipal elections Paragraphs 349-488 Finance: Acts concerning municipal bonds and warrants Paragraphs 489-53S Taxation: Acts concerning the levy and collection of municipal taxes Paragraphs 639-676 Local Impbovements: Acts concerning special assessments and special taxation Paragraphs 676-686 Dbainage: Acts concerning drains, levees, sewera, etc., within municipalities, . . .Paragraphs 687-747 Dramshops: Acts concerning the sale of liquor within municipalities Paragraphs 748-76S Parks and Deiveways: Acts concerning parks, boulevards and driveways controlled by municipalities... Paragraphs 764-784 Schools: Acts concerning public schools withm municipalities Paragraphs 785-866 Water, Heat and Light: Acts concerning waterworks and heating and lighting plants Paragraphs 857-893 Miscellaneous: Unclassified laws relating to various subjects concerning municipalities Paragraphs 894-1160 CONSTITUTIONAL PROVISIONS, Article IV. SPECIAL LEGISLATION PROHIBITED. § 22. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: for — ******* Changing the names of * * * places; ******* Vacating roads, town plats, streets, alleys, and public grounds; * * ' « * * * * Regulating the jurisdiction and duties of justices of the peace, police magistrates and constables; \ ******* Incorporating cities, towns or villages, or changing or amending the charter of any town, city or village; Providing for the election of members of the board of supervisors in townships, incorporated towns or cities. PUBLIC MONEYS. § 23. The general assembly shall have no power to release oi extinguish, in whole or in part, the indebtedness, liability or obliga- tion of any corporation or individual to this State or to any municipal corporation therein. Article VIII. EDUCATION. § 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sus- tain any school, academy, seminary, college, university, or othei literary or scientific institution, controlled by any church or sectariar 8 denomination whatever; nor shall any grant or donation of land> money, or other personal property ever be made by the State or any such public corporation, to any church, or for any sectarian purpose. Article TX. EEVENUE. § 3. The property of the State, counties, and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law. In the assessment of real estate incumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property. § 4. The general assembly shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assessments, for State, county, municipal, or other purposes, that a return of such unpaid taxes or assessments shall be made to some general officer of the county having authority to receive State and county taxes; and there shall be no sale of said property for any of said taxes or assessments but by said officer, upon the order or judgment of some court of record. § 6. The general assembly shall have no power to release or dis- charge any county, city, township, town or district whatever, or the inhabitants thereof, or the property therein, from their or its propor- tionate share of taxes to be levied for State purposes, nor shall com- mutation for such taxes be authorized in any form whatsoever. § 9. The general assembly may vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessment or by special taxation of contiguous property, or otherwise. For all other corporate purposes, all municipal corpora- tions may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property within the jurisdiction of the body imposing the same. § 10. The general assembly shall not impose taxes upon munici- pal corporations, or the inhabitants or property thereof, for corporate purposes, but shall require that all the taxable property within the limits of municipal corporations shall be taxed for the payment of debts contracted under authority of law, such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal cor- poration. § 11. No person who is in default, as collector or custodian pf money or property belonging to a municipal corporation, shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office shall be increased or diminished during such term. 9 § 12. No county, city, township, school district, or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. Any county, city, school district, or other municipal corporation in- curring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to pre- vent any county, city, township, school district, or other municipal corporation, from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this oonstitution in pursuance of any law providing therefor. Article XI. CORPORATIONS. § i. No law shall be passed by the general assembly granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad. 10 LAWS KELATING TO CITIES, VILLAGES AND TOWNS. General Law of 1872 foe the Inooepoeation of Cities a\d Villages. [Paeageaphs 1 to 158.] AN ACT to provide for the incorporation of cities and villases. [Approved April 10, 1872. In force July 1, 1872. L. 1871-2; p. 218.] § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, as follows: Aetiole 1. of the organization of cities. 1. Inooepoeated CITIES mat ADOPT THIS ACT.] § 1. That any- City now existing in this State may become incorporated under thi& act in the manner following: Whenever one-eighth of the legal voters of such city voting at the last preceding municipal election shall petition the mayor and council thereof to submit the question as to whether such city shall become incorporated under this act to a vote of the electors in such city, it shall be the duty of such mayor and council to submit such question to a vote of the electors of said city at the next ensuing municipal election of said city, or at a special election to be designated by them, and to give the notice re- quired by law. [As amended by act approved June 21, 1895; in force July 1, 1895. L. 1895, p. 97. § 1, ch. 24, R. S. 2. Notice of election.] § 2. The mayor of such city shall give at least 30 days notice of such election, by publishing a notice thereof in one or more newspapers within such city; but if no news- paper is published therein, then by posting at least five copies of such notice in each ward. [ § 2, ch. 24, R. S. 3. Ballot — result. ] § 3. The ballots to be used at such elec- tion shall be in the following form: "For city organization under general law," or "Against city organization under general law." The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns and cause the result of such canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be for city organ- ization under general law, such city shall thenceforth be deemed to be organized under this act; and the city officers then in office shall, thereupon, exercise the powers conferred upon like officers in this act until their successors shall be elected and qualified. fS 3, ch, 24, R. S. 11 _ 4. Towns may become cities.] § 4. Any incorporated town or village, in this State, having a population of not less than one thous- and (1,000) inhabitants, may become incorporated as a city in like manner as hereinbefore provided; but in all such cases the president and trustees of such town or village shall, respectively, perform the same duties relative to such change of organization as is above re- quired to be performed by the mayor and council of cities. [As amended by act approved May 25, 1877. In force July 1,1877. L. 1877, p. 54. § 4, oh. 24, R. S. 5. Organizing a city — petition — election — result.] § 5. Whenever any area of contiguous territory in this State, not exceed- ing four square miles, shall have resident thereon a population of not less than 1,000 inhabitants, which shall not already be included within any incorporated town or city, the same may become incorporated as a city in manner following: Any 50 legal voters thereof may file in the office of the clerk of the county court, of the county in which such inhabitants reside, a petition, addressed to the judge of such court; and if the territory described in said petition shall be in more than one county, then the petition shall be ad- dressed to the judge of the court where a greater part of such terri- tory is situated; which petition shall define the boundaries of such proposed city, and state the number of inhabitants residing within such limits, and also state the name of such proposed city, and shall contain a prayer that the question be submitted to the legal voters residing within such limits whether they will organize as a city under this act. It shall be the duty of the county judge to fix a time and place, within the boundaries of such proposed city, at which an election may be held to determine such question; and such judge shall name the persons to act as judges in holding such elec- tion, and shall give notice thereof by causing ten notices to be posted in public places within such proposed city. And the third section of this article shall be applicable to such election: Provided, that the returns of such election shall be made to and can- vassed by the county judge and any two justices of the peace whom he shall call to his assistance, instead of the city council; and the result of such election shall be entered upon the records of such county court. If a majority of the votes cast at such election shall be "For city organization under general law," the inhabitants of such territory described in such petition, shall be deemed to be in- corporated as a city under this act, and with the name stated in the petition [§ 5, ch. 24, R. S. 6. Courts to take judicial notice op organization, etc. J § 6. All courts in this State shall take judicial notice of the exist- ence of all villages and cities organized under this act, and of the change of the organization of any town or city from its original or- ganization to its organization under this act; and from the time of such organization, or change of organization, the provisions of this act shall be applicable to such cities and villages, and all laws in conflict therewith shall no longer be applicable. But all laws or parts of laws, not inconsistent with the provisions of this act, shall 12 continue in force and applicable to any such city or village, the same as if such change of organization had not taken place. [§ 6, ch. 24, R. S. 7. Election of ofpioees.] § 7. It shall be the duty of the president and board of trustees of any town which shall have voted to change its organization to a city, under this act, to call and give notice of an election to elect city officers, and to designate the time and place or places of holding the same. Such notice shall be pub- lished in a newspaper, if there be one, within the town, or posted in ten public places, for at least 20 days before such election. Such president and trustees shall appoint the judges and clerks to hold such election, canvass the returns thereof, and cause the result to be entered upon the records of the town ; and the provisions of this act, relative to the election of city officers, shall be applicable thereto; but. at such election, aldermen may be elected on a general ticket. [§ 7, oh. 24, R. S. 8. County judge to oall election.] S 8. In case of cities or- ganizing under section five (5) of this article, the county judge shall call and give notice of the election, and perform the same duties relative thereto as is above required to be performed by president and trustees of such town, and in canvassing such returns, shall call to his assistance two justices of the peace. [§ 8, ch. 24, K. S. 9. Term op piest officers.] § 9. The city officers elected un- der either of the preceding sections, shall hold their respective offices until the next succeeding regular election for such officers, respect- ively, and until their successors are elected and qualified, as provided in this act. [§ 9, ch. 24, R. S. 1 0. Coepoeate name — POWEES.] § 10. Cities Jorganized under this act shall be bodies politic and corporate, under the name and style of "City of (name)," and under such name may sue and be sued, contract and be contracted with, acquire and hold real and per- sonal property for corporate purposes, have a common seal, and change the same at pleasure, and exercise all the powers hereinafter conferred. [§ 10, ch. 24, R. S. 11. Peioe OEDINANCES TO CONTINUE IN POEOE.] § 11. All ordi- nances, resolutions and by-laws in force in any city or town when it shall organize under this act, shall continue in full force and effect until repealed or amended, notwithstanding such change of organi- zation; and the making of such change of organization shall not be construed to effect a change in the legal identity, as a corporation, of such city or town. [§ 11, ch. 24, R. S. 1 2. Rights, etc., op old ooepoeations to vest in new.] § 12. All rights and property of every kind and description, which were vested in any municipal corporation under its former organization, shall be deemed and held to be vested in the same municipal incorp- oration upon its becoming incorporated under the provisions of this act; but no rights or liabilities, either in favor of or against such corporation, existing at the time of so becoming incorporated under this act, and no suit or prosecution of any kind, shall be affected by ]3 such change, but the same shall stand and progress as if no change had been made: Provided, that when a different remedy is given by this act, which may properly be made applicable to any right ex- isting at the time of such city so becoming incorporated under this act, the same shall be deemed cumulative to the remedies before provided, and used accordingly. [§ 12, ch. 24, R. S. 1 3. Result to be eeooeded in count r and filed with sec- BETAKY OE STATE— OHAKTEE.] § IB. The Corporate authorities of any city or village which may become organized under this act, shall within three (3) months after organization hereunder, cause to be filed in the office of the recorder of deeds of the county in which such city or village is situated, a certified copy of the record of the county court or of the city or village in the matter of such organiza- tion showing the canvass of votes and the result of the election whereby such city or village became so organized, and the recorder of deeds shall record the same. And upon such record having been duly recorded by the recorder of deeds aforesaid, he shall imme- diately transmit the same to the Secretary of State together with his certificate of such recordation endorsed thereon or annexed thereto and it appearing from the recitals in said record that the provisions of this act have been duly complied with, the Secretary of State shall file the same and charter said city or village by his certificate duly authenticated under his hand and the great seal of State. The Secretary of State shall keep a register of cities and villages or- ganized under the provisions of this act. [As amended by Act ap- proved June 7, 1895. In force July 1, 1895; L. 1895, p. 96. § 13, ch. 24, R. S. 1 4. City register's office abolished.] § 14. If any city organized or which may hereafter organize under this act, shall have had by the terms and provisions of its special charter a city register's office or other office in which deeds, mortgages or other instruments were required or authorized by law to be recorded in lieu of record- ing the same in the recorder's office in the county where said city was situated, such city register's office or recorder's office shall be discontinued under this act, and the city register or recorder or other officer having the custody of the records, books and papers pertaining to such city register or recorder's office, shall deposit such records and books, and papers in the office of the recorder of deeds of the county, in which such city is situated, and shall take the re- ceipt of the recorder of deeds therefor, and such records, and books, and papers, shall from thereafter, be deemed and held for all pur- poses a part of the records of the recorder's office of such county, and shall have like legal effect as if the same had been originally a part of the records of such county recorder's office for all purposes whatsoever, and the same or certified transcripts made therefrom, shall have like force and effect as evidence as other records of said recorder's office. [Added by amendment; act approved May 15, 1879. In force July 1, 1879. L. 1879, p. 65. § 18a, ch. 24, R. S. 14 TO LEGALIZE CERTAIN ELECTIONS. AN ACT to leerallze certain elections held under "An act to provide for the Incorporation of cities and villages," approved April 10, 1872, in force July 1. 1872. [Approved and In force Jnne 22, 1885. L. 1885, p. 61. 15. Certain elections legalized.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any city, town or village, since the amendment of flection 1, article 1, of chapter 24, of the Revised Statutes, approved February 26, 1881, has held an election to incorporate as a village or city under the general laws, and such election has been held on some other day than the days in said section 1 of said statute provided, or if the returns of any election heretofore held to incorporate any city or village under the general law have not been entered upon the records of such city or village or the county court, showing the can- vass of votes and the result of such election, and a certified copy of such records filed and recorded in the office of recorder of deeds, in the county in which such city or village is situated, and filed in the office of the Secretary of State; such elections so held by any such village, city or town, if in other respects in compliance with law, are hereby declared legal and valid: Provided, such returns of such elections are now or shall be made within three months from the date upon which this act becomes effective and certified copies of the same filed and recorded as required in section IB of the act, to which this bill refers, and all elections of officers and organizations of any cities or villages in the State, under and by virtue of any such elections, if otherwise according to law, are hereby legalized and made effective, and all the acts of any such cities or villages, if otherwise legal, are also hereby made valid and binding. [8 370, ch. 24, R. S. 16. Emergency.] § 2. Whereas, The election for city and vil- lage officers under said statute, will occur on the third Tuesday of April, wherefore an emergency exists, therefore this act shall be in force from and after its passage. [§ 371, ch. 24, R. S. TO LEGALIZE CERTAIN ELECTIONS. AN ACT to lesrallze certain elections held under "An act to provide for the incorporation of of cities and villages ;" approved April 10, 1872; in force July 1, 1872. [Approved and in force May 6, 1897. L. 1897, p. 98.] 1 7. Certain elections held since the amendments to sec. 1, ART. 1, CHAP. 24, REVISED STATUTES, LEGALIZED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: That whenever any city, town or village since the amend- ment of section 1, article 1, chapter 24 of the revised statutes, ap- proved February 26, 1881, and also since the amendment of section 13 of said chapter 24, approved June 27, 1895, has held an election to incorporate as a village or city under the general law, and such elec- tion has been held on some other day than the days in said section 1 of said statute provided, or if the returns of any election heretofore held to incorporate any city or village under the general law have not been entered upon the records of such city or village or the county court, showing the canvass of votes and the result of such 15 election, and a certified copy of such records filed and recorded in the office of the recorder of deeds in the county in which such city or village is situated and filed in the office of the Secretary of State, such elections so held by any such village, city or town, if in other respects in compliance with the law, are hereby declared legal and valid: Provided, such returns of such elections are now, or shall be, made within three months from the date upon which this act becomes effective, and certified copies of the same filed and recorded as re- quired in section 13 as amended, to which this act refers, within said three months, and all elections of officers and organizations of any cities or villages in this State under and by virtue of any such elec- tions if otherwise according to law, are hereby legalized and made effective, and all the acts of any such cities or villages, if otherwise legal, are also hereby made legal and binding; and upon the filing and recording as aforesaid, the Secretary of State shall charter said city or village by his certificate duly authenticated under his hand and the great seal of the State. [§ 13b, ch. 24, R. S. 18. Bmeegenot.] §2. Whereas, The election for city and vil- lage officers under said statute will occur on the third Tuesday of April, therefore an emergency exists, and this act shall be in force from and after its passage. [§ 13o, ch. 24, R. S. TO LEGALIZE OEETAIN ELECTIONS. AN ACT to legalize certain elections held under "An act to provide for the incorporation of cities and villages." Approved April 10, 1872. In force July 1. 1872. [Approved and in force May 10, 1901. L. 1901, p. 99.1 19. To LEGALIZE ELECTIONS HELD TO INCOEPOBATE AS A CITY OE VILLAGE IN OEETAIN GASES — OHARTEE.J § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any city, town or village has held an election to incor- porate as a city or village under the general law, and the returns of such election have not been entered upon the records of such village, or of the county court, showing the canvass of votes, and the result of such election, and the canvass of votes and the result of the elec- tion for first officials, and a certified copy of such records, filed and recorded in the office of the recorder of deeds in the county in which such city or village is situated, and filed in the office of the Secretary of State, such elections so held by any such city, town or village are hereby declared legal and valid: Provided, such returns of such elections are now, or shall [be made J within six months from the date when this act becomes effective, and certified copies of the same are filed and recorded as required by section 13 of said act as amended, to which this act refers, within said six months, and all elections of officers and organization of any cities and villages in this State under and by virtue of any such elections, if otherwise according to law, are hereby legalized and made effective, and all the acts of said cities and villages are hereby legalized and made effective, and all the acts of any such cities or villages, if otherwise legal, are also hereby made legal and binding; and upon the filing and recording as aforesaid, the Secretary of State shall charter said city or village by his certifi- cate duly authenticated under his hand and the great seal of the State. [§ 13d, ch. 24, E. S. 16 20. Emergency.] § 2. Whereas, The records of several cities and villages in this State are deficient in the particular set forth in section 1 of this act, and such cities and villages are without charter and warrant of law to do business, therefore an emergency exists, and this act shall be in force from and after its passage. [§ 13e, ch. 24, K. S. Article II. OF THE MAYOR. 21. Mayor — his qualifications.] §1. The chief executive offi- cer of a city shall be a mayor, who shall be a citizen of the United States, a qualified elector, reside within the city limits, and hold his office for two years, and until his successor is elected and qualified. [§ 14, ch. 24, E. S. 22. Vacancy one year or over.] § 2. Whenever a vacancy shall happen in the office of the mayor, when the unexpired term shall be one year or over from the date when the vacancy occurs, it shall be filled by an election. [§ 15, ch. 24, R. S. 23. Vacancy less than year.] §3. If the vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until his successor is elected and qualified. [§ 16, ch. 24, R. S. 24. Mayor pro tem.] § 4. During a temporary absence or disa- bility of the mayor, the city council shall elect one of its number to act as mayor pro tem., who, during such absence or disability, shall possess the powers of mayor. [§ 17, ch. 24, R. S. 25. Vacancy by removal from city.] § 5. If the mayor, at any time during the term of his office, shall remove from the limits of the city, his office shall thereby become vacant. [§ 18, ch. 24, R. S. 26. Mayor to preside — casting vote.] §6. The mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when he shall give the casting vote. fS 19, ch. 24, R. S. 27. When he may remove officers.] § 7. The mayor shall have power to remove any officer appointed by him, on any formal charge, whenever he shall be of the opinion that the interests of the city demand such removal, but he shall report the reasons for such removal to the council at a meeting to be held not less than five days nor more than ten days after such removal; and if the mayor shall fail, or refuse to file with the city clerk a statement of the reasons for such removal, or if the council by a two-thirds (f ) vote of all its members authorized by law to be elected, by yeas and nays, to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office from which he was so removed; but he shall give new bonds and take a new oath of office. 17 No officer shall be removed a second time for the same offense. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 66. § 20, oh. 24, R. S. 28. His powek to keep peace.] § 8. He me y exercise, within the city limits, the powers conferred upon sheriffs, to suppress dis- order and keep the peace. [ § 21, ch. 24, R. S. 29. Release of pkisonees.] § 9. He may release any person imprisoned for violation of any city ordinance, and shall report such release, with the cause thereof, to the council at its first session thereafter. [§ 22, ch, 24, R. S. 30. General duties.] § 10. He shall perform all such duties as are or may be prescribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. [ § 23, ch. 24, R. S. 31. PowEE TO EXAMINE KEOOEDS, ETC.] § 11. He shall have power at all times to examine and inspect the books, records and papers of any agent, employ^ or officer of the city. [ § 24, ch. 24, R. S. 32. Messages to council.] § 12. The mayor shall, annually, and from time to time, give the council information relative to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient. [ § 25, ch. 24, R. S. 33. To call out militia — eiots. § 13. He shall have power, when necessary, to call on every male inhabitant of the city over the the age of 18 years, to aid in enforcing the laws and ordinances, and to call out the militia to aid in suppressing riots and other disorderly conduct, or carry into effect any law or ordinance, subject to the authority of the Governor as commander-in-chief of the militia. [ § 26, ch, 24, R. S. 34. Misconduct, etc., of mayor or othee officer — penalty.] § 14. In case the mayor or any other municipal officer shall at any time be guilty of a palpable omission of duty, or shall wilfully and corruptly be guilty of oppression, malconduct or misfeasance in the discharge of the duties of his office he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding $1,000; and the court in which such conviction shall be had shall enter an order removing such officer from office. [ § 27, ch. 24, R. S. 35. Revising oedinanoes aftee change of oeganization.J § 15. He may appoint, by and with the advice and consent of the city council, immediately after such change of organization, one or more competent persons to prepare and submit to the city council, for their adoption or rejection, an ordinance in revision of the ordi- nances of such city, and for the government of such city, the com- pensation of such reviser or revisers to be determined and fixed by the city council and paid out of the city treasury, f § 28, ch. 24, R.S. —2 18 Article III, OF THE CITY COUNCIL. 36. Council — how composed.] § 1. The city council shall con- sist of the mayor and aldermen. [§ 29, ch. 24, K. S. 37. Aldermen.] § 2. The number of aldermen, when not elected by the minority representation plan, shall be as follows: In cities not exceeding 3,000 inhabitants, six aldermen; exceeding b,000, but not exceeding 5,000, eight aldermen; exceeding 5,000 and not ex- ceeding 10,000, ten aldermen; exceeding 10,000 and not exceeding 30,000, 14 aldermen; and two additional aldermen for every 20,000 inhabitants over 30,000. Provided, however, that in cities of over 350,000 inhabitants there shall be elected 48 aldermen and no more, unless additional territory shall be annexed to such city, after such city shall have been divided into wards on the basis of 48 aldermen, in which case and as often as new territory shall be annexed to such city, as aforesaid, containing three or more square miles of territory or 15,000 inhabitants and not exceeding 25,O0O inhabitants, such an- nexed territory shall constitute a ward of such city, and the city council of such city shall authorize the legal voters of such annexed territory to elect two aldermen from such ward in such annexed ter- ritory, which said aldermen in such annexed territory shall be addi- tional to said 48 aldermen, and who shall possess all the qualifica- tions of, and be elected at the time and in the manner, provided in the said act, of which this is an amendment: Provided, that if said annexed territory shall contain more than 25,000 inhabitants, then the city council shall authorize the legal voters of such annexed ter- ritory to elect two aldermen for every 25,000 inhabitants thereof, and two additional aldermen for every fraction of 15,000 inhabitants or more. The number of inhabitants to be determined by the last pre- ceding national, State or school census of such annexed territory. And if any such annexed territory has less than 15,000 inhabitants, and less than three square miles in extent, then the city council shall annex it to any ward or wards which it adjoins; Provided, further, that when the number of aldermen in any such city shall reach 70 by reason of such annexed territory, the city council shall redistrict said city into 35 new wards and no more; and when said number of aldermen shall reach 70, if any new territory is thereafter annexed which shall contain 25,000 inhabitants, or more, as determined by the last preceding national, State, school or other census authorized by law to be taken, then said city council shall redistrict said city into 35 wards: Provided, further, that whenever after such new territory shall have been annexed, as aforesaid, said city shall be re- districted, the number of wards at the time said city is redistricted, shall be preserved, and the city council thereof may, in its discre- tion, change the boundary between such new ward and the original territory of the city, and make said new ward larger or smaller, to comply with the requirements of said act as to compactness and equality of inhabitants: And, provided further, if it shall appear from any census heretofore or hereafter taken, that any city has the requisite number of inhabitants to authorize it to increase the num- 19 ber of aldermen, it shall be the duty of the city council thereof to proceed without delay and redistrict such city in accordance with the provisions hereof, and to call and hold its next city election in accordance with such new redistricting: Provided, that at such election the aldermen who hold over shall be considered aldermen for the new wards respectively in which their residence shall be, un- less there shall be two or more aldermen who hold over in the same ward under this proviso, then, in such case, it shall be determined by lot in presence of the city council in such manner as they shall direct, which alderman shall hold over for such ward. [As amended by act approved and in force June 4, 1889, L. 1889, p. 78: 8 30. ch. 24, R. S. 38. Teem of office.] § 3. Aldermen shall hold their office for the term of two years, and until their successors are elected and qualified. [§ 31, ch. 24 R. S. 39. Vacancy.] § 4. If any vacancy shall occur in the office of alderman by death, resignation removal or otherwise, such vacancy shall be filled by election. [§ 32, ch. 24, R. S. 40. Qualifications of aldeemen.] § 5. No person shall be eligible to the office of alderman unless he shall be a qualified elec- tor, and reside within the ward for which he is elected, nor shall he be eligible if he is in arrears in the payment of any tax or other lia- bility due to the city; nor shall he be directly or indirectly interested in any contract whatever to which the city is a party; nor shall he be eligible if he shall have been convicted of malfesance, bribery or other corrupt practices or crimes; nor shall he be eligible to any office, the salary of which is payable out of the city treasury, if at the time of his appointment he shall be a member of the city council; nor shall any member of the city council at the same time hold any other office under the city government; nor shall he be either direct- ly or indirectly, individually, or as a member of a firm, engaged in any business transaction (other than official) with such city, through its mayor or any of its authorized boards, agents or attorneys, where- by any money is to be paid, directly or indirectly, out of the city treasury to such member or firms. [§ 33, ch. 24, R. S. 4-1. Council judge of its members.] § 6. The city council shall be judge of the election and qualification of its own members. [§ 34, ch. 24, R. S. 42. Rules — expulsion — beibeey.] § 7. It shall determine its own rules of proceeding, punish its members for disorderly conduct, and with the concurrence of two-thirds of the aldermen elect, may expel a member, but not a second time for the same offense: Pro- vided, that any alderman or councilman who shall have been con- victed of bribery shall thereby be deemed to have vacated his office. {§ 35, ch. 24, R. S. 43. QuoEUM— C0MPBLLING_ ATTENDANCE.] §. 8. A majority of the aldermen elect shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and may compel the attendance of absentees, under such penalties as may be prescribed by ordinance. [§ 36, ch. 24, R. S. 20 44. Meetings.] § 9. The city council may prescribe, by ordi- nance, the times and places of the meeting thereof, and the manner in which special meetings thereof may be called. [§ 37, oh. 24, R. S. 45. Chaieman peo tem.J § 10. It may elect a temporary chair- man in the absence of the mayor. [§ 38, ch. 24, R. S. 46. Open doors.] § 11, It shall sit with open doors. [§ 39, ch. 24, R. S. 47. Journal.] § 12. It shall keep a journal of its own proceed- ings, [§ 40, ch. 24, R. S. 48. Yeas and nays — record — vote required,] § 13. The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the city, or for the ex- penditure or appropriation of its money, and in all other cases at the request of any member, which shall be entered on the journal of its proceedings; and the concurrence of a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance or proposition: Provided, it shall require two-thirds of all the aldermen elect to sell any city or school property. [§ 41, ch. 24, R. S, 49. Reconsideration or vote,] § 14, No vote of the city coun- cil shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. [§ 42, ch, 24, R. S, 50. When report laid over,] § 15, Any report of a committee of the council shall be deferred, for final action thereon, to the next regular meeting of the same after the report is made, upon the re- quest of any two alderman present. [§ 43, ch. 24, R. 8. 51. Territorial jurisdiction.] § 16. The city council and board of trustees shall also have jurisdiction in and over all places within one-half mile of the city or village limits, for the purpose of enforcing health and quarantine ordinances and regulations thereof. [§ 44, ch. 24, R, S, 52. Special MEETING,] §17. The mayor or any three aldermen may call special meetings of the city council. [§ 45, ch. 24, R. S. 53. Ordinances — approval — veto.] § 18. All ordinances passed by the city council shall, before they take effect, be deposited in the office of the city clerk; and if the mayor approves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objections thereto, in writing, at the next regular meeting of the council occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance making an appropriation, or to the entire ordinance; and in case the veto only extends to a part of such ordinance, the residue thereof shall take effect and be in force. But in case the mayor shall fail to return any ordinance, with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordinance, and the same shall take effect ac- cordingly. [§ 46, ch. 24, R. S. 54. Reconsideration — passing over veto,] § 19. Upon the re- turn of any ordinance by the mayor, the vote by which the same was 21 passed shall be reconsidered by the council; and if, after such recon- sideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, it shall go into eflfect, notwithstanding the mayor may refuse to approve thereof. The vote to pass the same over the mayor's veto shall be taken by yeas and nays, and entered on the journal. [§ 47, ch. 24, K. S. Aetiole IV. ELECTIONS. 55. Annual election.] § 1. A general election for city offi- cers shall be held on the third Tuesday of April, of each year: Pro- vided, That in cities which include wholly within their corporate limits a town or towns, such elections shall be held on the first Tues- day of April. [As amended by act approved and in force March 9, 1877. L. 1877, p. 54; § 48, ch. 24, R. S. 56. Election of mayor, city cleek, attoeney and terasdeee.] § 2. At the general election held in 1877, and biennially thereafter, a mayor, a city clerk, a city attorney, and a city treasurer shall be elected in each city: Provided, That no person shall be elected to the office of city treasurer for two terms in succession. [As amended by act approved and in force March 26, 1877. L. 1877, p. 54; S 49, ch. 24, R. S. 57. Qualification of votees.J § 3. All persons entitled to vote at any general election for State officers within any city or vil- lage, having resided therein 30 days next preceding thereto, may vote at any election for city or village officers. [§ 50, ch. 24, R. S. 58. Waeds.] § 4. The city council of any city in this State, whether organized under this act or under any special law of this State, may, from time to time, divide the city into one-half as many wards as the total number of aldermen to which the city is entitled; and one alderman shall, annually, be elected in and for each ward, to hold his office for two years, and until his successor is elected and qualified. In the formation of wards the population of each shall be as nearly equal, and the ward shall be of as compact and contiguous territory, as practicable. [As amended by act approved June 17, 1887. In force July 1, 1887. L. 1887, p. 116; § 51, ch, 24, R. S. 59. Aldermen at first election— classified.] § 5. At the first election under this act, there shall be elected the full number of aldermen to which the city shall be entitled. At the first meeting of the city council after such election, the aldermen elected shall be di- vided, by lot, into two classes: those of the first class shall continue in office for one year, and those of the second for two years. And upon any increase of the number of aldermen, at their first election, one- half shall be elected for one year, and one-half for two years. [§ 52, ch. 24, R. S. 60. Minority representation. [ § 6. Whenever this act shall be submitted to the qualified electors of any city for adoption, there shall be submitted at the same time for adoption or rejection the 22 question of minority representation in the city council or legislative authority of such city. At the said election the ballot shall be in the following form : "For minority representation in the city council," or "against minority representation in the city council," and at any subsequent time on petition of the legal voters equal in number to one-eighth the number of legal votes cast at the next preceding gen- eral city election, the city council shall cause the question of minority representation to be submitted to the legal voters of said city, and the ballots shall be in form as provided in this section: Provided, that no such question of representation shall be submitted more than once in every two years, The judges of such election shall make re- turns thereof to the city council, whose duty it shall be to canvass such returns, and to cause the result of such canvass to be entered on the records of such city. If a majority of the votes cast at such elec- tion shall be for equal representation in the city council, then the members of the city council, or legislative authority of such city, shall be thereafter elected in the following manner: The council or legislative authority of such city, at least one month before the gen- eral election in the year in which this act shall take effect in such city, shall apportion such city by dividing the population thereof, as ascertained by the last federal census, by any number not less than . two, nor more than six, and the quotient shall be the ratio of repre- sentation in the city council. Districts shall be formed of contigu- ous and compact territory, and contain as near as practicable, an equal number of inhabitants: and, provided, further, that where said council or legislative authority of such city have not fixed a ratio of representation and formed the districts or wards, at the time above specified, the same may be done by any subsequent board of alder- men; but all official acts heretofore done, and ordinances heretofore passed by any board of aldermen elected at large by the legal electors of any such city on the minority representation plan, shall be held and taken by all courts in this State to be of as much validity and binding force as if they had been elected from wards or districts. [As amended by act approved and in force April 1, 1883. L. 1883, p. 56; § 53, ch. 24, R. S. 61. Aldeemen UNDER MINORITY PLAN.] § 7. Every such district shall be entitled to three aldermen, who shall hold their office for two years, and until their successors shall be elected and qualified. At the first general election for mayor, after the passage of this act, and every two years thereafter, there shall be elected in each ward as many aldermen as such ward shall be entitled to: Provided, that aldermen elected under this act, in wards wherein aldermen were elected for two years at the last previous annual election, shall not take their seats as such until the terms of the aldermen last afore- said shall expire. Vacancies shall be filled at an election to be held by the voters of the district in which such vacancies shall occur, at the time to be designated by the city council. In all elections for aldermen aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same or equal parts thereof, among the candidates, as he shall see 23 fit, and the candidate highest in votes shall be declared elected. [As amended by act approved and in force April 1, 1883. L. 1883, p. 57, § 54, oh. 24, R. S 62. Aldermen when minority plan not adopted.] § 8. If a majority of the votes cast at such election shall be "Against minority representation in the city council," the preceding section shall be null and void, so far as it relates to such city at such election, and the aldermen of such city shall be elected as otherwise provided foi in this act. [§ 55, ch. 24, E. S. 63. Place op election— notice.] § 9. The city council shall designate the place or places in which the election shall be held, and appoint the judges and clerks thereof, and cause notice to be printed in some newspaper published in such city, if there be one, or posted at each voting place in such city, of the time, places of election, and of the officers to be elected, for at least 20 days prior to such election [§ 56, ch. 24, R. S. 64. Conduct of elections.] § 10. The manner of conducting and voting at elections to be held under this act and contesting the same, the keeping of poll lists and canvassing the votes, shall be the same, as nearly as may be, as in the case of the election of countj officers, under the general laws of this State. The judges of electior shall appoint clerks, when necessary to fill vacancies, and the judges and clerks shall take the same oath and have the same powers anc authority as the judges and clerks of general State elections. Aftei the closing of the polls, the ballots shall be counted and the returns made out and returned, under seal, to the city or village clerk, as th« case may be, within two days after the election; and, thereupon, the city council or board of trustees, as the case may be, shall examine and canvass the same and declare the result of the election, and cause a statement thereof to be entered upon its journals, [§ 67, ch. 24 R. S. 65. Result — tie.] § 11. The person having the highest num- ber of votes, for any office, shall be declared elected. In case of s tie in the election of any city or village officer, it shall be determined by lot, in presence of the city council or board of trustees, in such manner as they shall direct, which candidate or candidates shall hold the office. [§ 58, ch. 24, R. S. 66. Notice to persons elected or appointed.] § 12. It shall be the duty of the village or city clerk, within five days after the re- sult of the election is declared or appointment made, to notify all persons elected or appointed to office of their election or appoint- ment, and unless such persons shall respectively qualify in ten days after such notice, the office shall become vacant. [§ 59, ch. 24, R. S, 67. When NO QUORUM IN COUNCIL — special election.] § 13. If, for any cause, there shall not be a quorum in office of the city coun- cil or board of trustees, the mayor, clerk, or any alderman or trustee, as the case may be, may appoint the time and place for holding a special election to supply such vacancy and give notice and appoint the judges thereof. [§ 60, ch. 24, R. S. Zi 68. Special elections.] § 14. If there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, the city council or board of trustees may forthwith order a new election therefor; and in all cases, when necessary for the pur- poses of this act, may call special elections, appoint judges and clerks thereof, canvass the returns thereof, and provide by ordinance for the mode of conducting the same ; and shall give notice of such special elections, in which shall be stated the questions to be voted upon, and cause such notices to be published or posted for the same length of time and in the same manner as is required in the case of regular annual elections in such cities or villages. [§ 61, ch. 24, K. S. Article V. OP THE POWEES OF THE CITT COUNCIL. 69. Section 1. The city council in cities, and president and the board of trustees in villages, shall have the following powers: First — To control the finances and property of the corporation. Second — To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. Third — To levy and collect taxes for general and special purposes on real and personal property. Fourth — To fix the amount, terms and manner of issuing and re- cking licenses. Fifth — To borrow money on the credit of the corporation for corpo- rate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it shall prescribe, but shall not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate to exceed five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for the State and county taxes previous to the incurring of such indebtedness; and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within 20 years after con- tracting the same. Sixth — To issue bonds in place of or to supply means to meet ma- turing bonds, or for the consolidation or funding of the same. Seventh — To lay out, to establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks and public grounds, and vacate the same. Eighth — To plant trees upon the same. Ninth — To regulate the use of the same. Tenth — To prevent and remove encroachments or obstructions upon the same. Eleventh — To provide for the lighting of the same. Twelfth — To provide for the cleansing of the same. 25 Thirteenth — To regulate the openings therein for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains, and erecting gas lights: Provided, however, that any company heretofore organized under the general laws of this State, or any association of persons organized, or which may be hereafter organized for the purpose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof, with the same, shall have the right, by consent of the common council (subject to existing rights) , to erect gas factories, and lay down pipes in the streets or alleys of any city or village in this State, subject to such regulations as any such city or village may by ordinance impose. Fourteenth — To regulate the use of sidewalks and all structures thereunder; and to require the owner or occupants of any premises to keep the sidewalks in front of, or along the same, free from snow and other obstructions. Fifteenth — To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any ofPensive matter in, and to prevent injury to any street, avenue, alley, or public ground. Sixteenth — To provide for and regulate crosswalks, curbs and gutters. Seventeenth — To regulate and prevent the use of streets, sidewalks and public grounds for signs, sign posts, awnings, awning posts, telegraph poles, horse troughs, racks, posting hand bills and adver- tisements. Eighteenth — To regulate and prohibit the exhibition or carrying of banners, placards, advertisements or hand bills in the streets or public grounds, or upon the sidewalks. Nineteenth — To regulate and prevent the flying of flags, banners or signs across the streets or from houses. Twentieth — To regulate traffic and sales upon the streets, sidewalks and public places. Twenty-first — To regulate the speed of horses and other animals, vehicles, cars and locomotives within the limits of the corporation. Twenty-second — To regulate the numbering of houses and lots. Twenty-third — To name and change the name of any street, avenue, alley, or other public place. Twenty-fourth— To permit, regulate or prohibit the locating, con- structing or laying a track of any horse railroad in any street, alley or public place; but such permission shall not be for a longer time than 20 years. Twenty-fifth— To provide for and change the location, grade and crossings of any railroad. Twenty-sixth— To require railroad companies to fence their re- spective railroads, or any portion of the same, and to construct cattle guards, crossings of streets and public roads, and keep the same in repair, within the limits of the corporation. In case any railroad company shall fail to comply with any such ordinance, it shall be 26 liable for all damages the owner of any cattle or horses or other do- mestic animal may sustain by reason of injuries thereto while on the track of such railroad, in like manner and extent as under the gen- eral laws of this State, relative to the fencing of railroads; and actions to recover such damages may be instituted before any justice of the peace or other court of competent jurisdiction. Twenty-seventh — To require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. To compel such railroads to raise or lower their railroad tracks to conform to any grade which may, at any time, be established by such city, and where such tracks run lengthwise of any such street, alley or highway, to keep their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or highway. To compel and require railroad companies ' to make and keep open and to keep in repair ditches, drains, sewers and culverts along and under their railroad tracks so that filthy or stagnant pools of water can not stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded. Twenty-eighth — To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof. Twenty-ninth — To construct and keep in repair culverts, drains, sewers and cess pools and to regulate the use thereof. Thirtieth — To deepen, widen, dock, cover, wall, alter or change channel of water courses. Thirty-first — To construct and keep in repair canals and slips for the accommodation of commerce. Thirty -second — To erect and keep in repair public landing places, wharves, docks and levees. Thirty-third — To regulate and control the use of public and private landing places, wharves, docks and levees. Thirty-fourth — To control and regulate the anchorage, moorage and landing of all water craft and their cargoes within the jurisdic- tion of the corporation. Thirty-fifth — To license, regulate and prohibit wharf-boats, tugs and other boats used about the harbor, or within such jurisdiction. Thirty-sixth — To fix the rate of wharfage and dockage. Thirty-seventh — To collect wharfa.ge and dockage from all boats, rafts or other craft landing at or using any public landing place, wharf, dock or levees within the limits of the corporation. Thirty-eighth — To make regulations in regard to the use of har- bors, towing of vessels, opening and passing of bridges. Thirty-ninth — To appoint harbor masters and define their duties. Fortieth — To provide for the cleansing and purification of waters, water-courses and canals, and the draining or filling of ponds on private property, whenever necessary to prevent or abate nuisances. 27 Forty-first— Tolicenee, tax, regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals and other ex- hibitions, shows and amusements, and to revoke such license at pleasure. Forty-second — To license, tax and regulate hackmen, draymen, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing like occupations, and to prescribe their compensation. Forty-third — To license, regulate, tax and restrain runners for stages, cars, public houses, or other things or persons. Forty-fourth — To license, regulate, tax or prohibit and suppress billiards, bagatelle, pigeon-hole or any other tables or implements kept or used for a similar purpose in any place of public resort, pin alleys and ball alleys. Forty-fifth — To suppress bawdy and disorderly bouses, houses of ill-fame or assignation, within the limits of the city, and within three miles of the outer boundaries of the city; and also to suppress gaming and gambling houses, lotteries, and all fraudulent devices and prac- tices, for the purpose of gaining or obtaining money or property; and to prohibit the sale or exhibition of obscene or immoral publica- tions, prints, pictures or illustrations. Forty-sixth — To license, regulate and prohibit the selling or giv- ing away of any intoxicating malt, vinous, mixed or fermented liquor, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license: Provided, that the city council in cities, or president and board of trustees in villages, may grant permits to druggists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance: Provided, further, that in granting licenses, such corporate authorities shall comply with whatever general law of the State may be in force relative to the granting of licenses. Forty-seventh — The foregoing shall not be construed to affect the provisions of the charter of any literary institution heretofore granted. Forty-eighth — And the city council in cities, and president and board of trustees in villages, shall also have the power to forbid and punish the selling or giving away of any intoxicating malt, vinous, mixed or fermented liquor to any minor, apprentice or servant or in- sane, idiotic or distracted person, habitual drunkard, or person in- toxicated. Forty-ninth — To establish markets and market houses, and provide for the regulation and use thereof. Fiftieth — To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and to provide for place and manner of selling the same. Fifty-first — To prevent and punish forestalling and regrating. Fifty-second — To regulate the sale of bread in the city or village; prescribe the weight and quality of the bread in the loaf. Fifty-third —To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal and other provisions. Fifty-fourth — To regulate the inspection, weighing and measuring of brick, lumber, firewood, coal, hay and any article of merchandise. Fifty-fifth— To provide for the inspection and sealing of weights and measures. Fifty-sixth — To enforce the keeping and use of proper weights and measures by vendors. Fifty-seventh— To regulate the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters. Fifty-eighth — To regulate places of amusement, Fifty-ninth— To prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct. Sixtieth — To regulate partition fences and party walls. Sixty-first — To prescribe the thickness, strength, and manner of constructing stone, brick and other buildings, and construction of fire escapes therein. Sixty-second — The city council, and the president and trustees in villages, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden build- ings shall not be erected or placed, or repaired, without permission, and to direct that all and any buildings, within the fire limits, when the same shall have been damaged by fire, decay or otherwise, to the extent of 50 per cent of the value, shall be torn down or removed, and to prescribe the manner of ascertaining such damage. Sixty-third — To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers and apparatus used in and about any building and manufactory, and to cause the same to be removed or placed in a safe condition, when considered dangerous; to regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires; to prevent the deposit of ashes in unsafe places, and to cause all such buildings and enclosures as may be in a dangerous state to be put in a safe con- dition. Sixty-fourth — To erect engine houses, and provide fire engines, hose carts, hooks and ladders, and other implements for prevention and extinguishment of fires, and provide for the use and manage- ment of the same by voluntary fire companies or otherwise. Sixty-fifth — To regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycer- ine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use of lights in stables, shops and other places, and the building of bonfires ; also to regulate and restrain the use of fireworks, firecrackers, torpedoes, Roman candles, sky-rockets and other pyrotechnic displays. Sixty-sixth— To regulate the police of the city or village, and pass and enforce all necessary police ordinances. 29 Sixty-seventh — To provide for the inspection of steam boilers. Sixty-eighth — To prescribe the duties and powers of a superintend- ent of police, policemen and watchmen. Sixty -ninth—To establish and erect calabooses, bridewells, houses of correction and workhouses for the reformation and confinement of vagrants, idle and disorderly persons, and persons convicted of vio- lating any city or village ordinance, and make rules and regulations for the government of the same, and appoint necessary keepers and assistants. Seventieth— To use the county jail for the confinement or punish- ment of offenders, subject to such conditions as are imposed by law, and with the consent of the county board. Seventy -first— To provide by ordinance in regard to the relation between all the oflScers and employes of the corporation in respect to each other, the corporation and the people. Seventy-second — To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or private place. Seventy-third — To prohibit and punish cruelty to animals. Seventy-fourth — To restrain and punish vagrants, mendicants and prostitutes. Seventy-fifth — To declare what shall be a nuisance, and to abate the same; a«B to impose fines upon parties who may create, continue or suffer nuisances to exist. Seventy-sixth — To appoint aboard of health, and prescribe its pow- ers and duties. Seventy-seventh — To erect and establish hospitals and medical dis- pensaries, and control and regulate the same. Seventy-eighth— To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. Seventy -ninth — To establish and regulate cemeteries within or without the corporation, and acquire lands therefor, by purchase or otherwise, and cause cemeteries to be removed, and prohibit their establishment within one mile of the corporation. Eightieth — To regulate, restrain and prohibit the running at large of horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax on dogs. Eighty-first — To direct the location and regulate the management and construction of packing houses, renderies, tallow chandleries, bone factories, soap factories and tanneries, within the limits of the city or village, and within the distance of one mile without the city or village limits. Eighty-second — To direct the location and regulate the use and construction of breweries, distilleries, livery stables, blacksmith shops and foundries within the limits of the city or village. 30 Eighty-third — To prohibit any ofifensive or unwholesome business or establishment within or within one mile of the limits of the corpo- ration. Eighty-fourth — To compel the owner of any grocery, cellar, soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer 01* other unwholesome or nauseous house or place, to cleanse, abate, or remove the same, and to regulate the location thereof. Eighty-fifth — The city council or trustees of a village shall have power to provide for the taking of the city or village census: but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. Eighty-sixth — To provide for the erection and 'care of all public buildings necessary for the use of the city or village. Eighty-seventh — To establish ferries, toll bridges, and license and regulate the same, and from time to time fix tolls thereon. Eighty-eighth — To authorize the construction of mills, mill-races and feeders on, through or across the streets of the city or village, at such places and under such restrictions as they shall deem proper. Eighty-ninth — The city council shall have power, by condemnation or otherwise, to extend any street, alley or highway over or across, or to construct any sewer under or through any railroad track, right of way, or land of any railroad company (within the corporate limits) ; but where no compensation is made to such railroad cormDany, the city shall : restore such railroad track, right of way or iJBl to its former state, or in a sufficient manner not to have impaired its use- fulness. Ninetieth — The city council or board of trustees shall have no power to grant the use of or the right to lay down any railroad tracks in any street of the city to any steam, dummy, electric, cable, horse or other railroad company, whether the same shall be incorporated under any general or special law of the State, now or hereafter in force, except upon the petition of the owners of the land represent- ing more than one-half of the frontage of the street, or so much thereof as is sought to be used for railroad purposes, and when the street or part thereof sought to be used shall be more than one mile in extent, no petition of land owners shall be valid unless the same shall be signed by the owners of the land representing more than one- half of the frontage of each mile and of the fraction of a mile if any in excess of the whole miles measuring from the initial point named in such petition, of such street or of the part thereof sought to be used for railroad purposes. Ninety-first — To tax, license and regulate auctioneers, distillers, brewers, lumber yards, livery stables, public scales, money changers and brokers. Ninety-second — To prevent and regulate the rolling of hoops, playing of ball, flying of kites, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams and horses. 31 Ninety-third — To regulate and prohibit the keeping of any lumber yard, and the placing or piling or selling any lumber, timber, wood or other combustible material, within the fire limits of the city. Ninety-fourth — To provide by ordinance that all the paper, print- ing, stationery, blanks, fuel, and all the supplies needed for the use of the city, shall be furnished by contract let to the lowest bidder. Ninety-fifth — To tax, license and regulate second-hand and junk stores, and to forbid their purchasing or receiving from minors, with- out the written consent of their parent? or guardians, any article whatsoever. Ninety-sixth — To pass all ordinances, rules, and make all regula- tions, proper or necessary, to carry into effect ihe powers granted to cities or villages, with such fines or penalties as the city council or board of trustees shall deem proper: Provided, no fine or penalty shnll exceed $200.00, and no imprisonment shall exceed six months for one offense. [As amended by act approved and in force March 30, 1887. L. 1887, p. 108; § 62, ch. 24, R. S.] 70. Bmekgenot.] § 2. Whereas, some question exists as to the necessity of a petition signed by the property owners to authorize the granting to companies organized under what is known as the Horse and Dummy Act, the right to use streets; therefore, an emergency exists, and this act shall take effect and be in force from and after its passage. [As amended by act approved and in force March 30, 1887. L. 18811*. 115; § 62|, ch. 24, R. S.] OKDINANOES — JUKISDICTION. 71. Style of ordinances.] § 2. The style of the ordinances in cities shall be: "Be it ordained by the city council of " [§ 63, ch. 24, R. S. 72. Publication of ordinances — when take effect.] § 3. AH ordinances of cities and villages imposing any fine, penalty, impri- sonment or forfeiture, or making any appropriation, shall, within one month after they are passed, be published at least once in a newspaper published in the city or village, or, if no such newspapei is published therein, by posting copies of the same in three public places in the city or village; and no such ordinance shall take effecl until ten days after it is so published. And all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provided therein. [§ 64, ch. 24, R. S. 73. Proof OF ordinances.] §4. All ordinances, and the date of publication thereof, may be proven by the certificate of the clerk under the seal of the corporation. And when printed in book o] pamphlet form, and purporting to be published by authority of th« board of trustees or the city council, the same need not be otherwisf published; and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and placef without further proof. [§ 65, ch. 24, R. S. 32 74-. Suits FOE VIOLATING OEDiNANCES. §5. All actions brought to recover any fine, or to enforce any penalty, under any ordinance of any city or village, shall be brought in the corporate name of the city or village as plaintiff; and no prosecution, recovery or acquittal, for the violation of any such ordinance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have exceeded the juris- diction of the court or magistrate. [§ 66, ch. 24, R. S. 75. Fines and licenses — paid to tbeasuebe.] § 6. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance. [§ 67, ch. 24, R. S. 76. Summons — affidavit— punishment.] § 7. In all actions for the violation of any ordinance, the first process shall be a sum- mons: Provided, however, that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any per- son that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any person arrested upon such war- rant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed, may, upon the ordjt of the court or magistrate before whom the conviction is had, bS^jmmit- ted to the county jail or the calaboose, city prison, workhouse, house of correction, or other place provided by the city or village for the in- carceration of offenders, until such fine, penalty and cost shall be fully paid: Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees shall have power to provide, by ordinance, that every person so com- mitted shall be required to work for the corporation, at such labor as his or her strength will permit, within and without such prison, workhouse, house of correction, or other place provided for the in- carceration of such offenders, not exceeding ten hours each working day; and for such work the person so employed to be allowed, exclu- sive of his or her board, $2 for each day's work on account of such fine and cost. [§ 68, ch. 24, R. S. 77. Jueisdiotion OF justices, etc.] §8. Any and all justices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof. [§ 69, ch. 24, R. S. 78. Constable OE SHBEiPF MAT seeve PEOOESS, ETC. J §9. Any constable or sheriff of the county may serve any process, or make any arrests authorized to be made by any city officer. [§ 70 ch. 24, R. S. 79. Jueisdiotion otee watees — steeet laboe.] § 10. The city or village government shall have jurisdiction upon all waters within or bordering upon the same, to the extent of three miles be- yond the limits of the city or village, but not to exceed the limits of the State ; and may, by ordinance, require every able-bodied male in- 33 habitant of such city or village, above the age of 21 years and under the age of 50 years, (excepting paupers, idiots, lunatics, and such others as are exempt by law) , to labor on the streets and alleys of such city or village, not more than three days in each year, but such or- dinance shall provide for commutation of such labor at not more than $150 per day. [As amended by act approved April 10, 1875. In force July 1, 1875. L. 1875, p. 62; § 71, ch. 24, R. S. ARTICLE VI. OFFICERS — THEIE POWEKS AND DUTIES. 80. Elective OFFICERS.] § 1. There shall be elected, in all cities organized under this act, the following oflScers, viz. : a mayor, a city council, a city clerk, city attorney, and a city treasurer. [§ 72, ch. 24, R. S. 81. Other OFFICERS— DUTIES of city marshal.] § 2. The city council may, in its discretion, from time to time, by ordinance passed by a vote of two-thirds of all the aldermen elected, provide for the election by the legal voters of the city, or the appointment by the mayor, with the approval of the city council, of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other oflBcers as may by said council be deemed necessary or expedient. The city council m§iy, by a like vote, by ordinance or resolution, to take effect at the end of the then fiscal year, discontinue any office so created, and devolve the duties thereof on any other city officer; and no officer filling any such office so discontinued, shall have any claim against the city on account of his salary, after such discontinuance. The city marshal shall perform such duties as shall be prescribed by the city council for the preservation of the public peace, and the observ- ance and enforcement of the ordinances and laws; he shall possess the power and authority of a constable at common law and under the statutes of this State, [§ 73, ch. 24, R. S. 82. Appointments — vacancies — duties — powers.] § 3. All officers of any city, except where herein otherwise provided, shall be appointed by the mayor (and vacancies in all offices except the mayor and aldermen shall be filled by like appointment) by and with the advice and consent of the city council. The city council may, by ordinance not inconsistent with the provisions of this act, prescribe the duties and define the powers of all such officers, together with the term of any such office : Provided, the term shall not exceed two years. [§ 74 ch. 24, R. S. 83. Oath — bond.] § 4. All officers of any city or village, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation: I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of aceordine to the best of my ability. -3 34 Which oath or affirmation, so subscribed, shall be filed in the office of the clerk. And all such officers, except aldermen and trustees, shall, before entering upon the duties of their respective offices, exe- cute a bond with security, to be approved by the city council or board of trustees, payable to the city or village, in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city or village: Provided, however, that in no case shall the mayor's bond be fixed at a less sum than three thousand dollars ($3,000) ; nor shall the treasurer's bond be fixed at a less sum than the amount of the estimated tax and special assessments for the current year — which bonds shall be filed with the clerk (except the bond of the clerk, which shall be filed with the treasurer.) [§ 75, ch. 24, R. S. 84. Commission — ceetifioate — delivery to suooessoes.] § 5. All officers elected or appointed under this act (except the clerk, al- dermen and mayor, and trustees,) shall be commissioned by warrant, under the corporate seal, signed tsy the clerk and the mayor or pre- siding officer of the city council or board of trustees. The mayor or president of the board of trustees shall issue a certificate of apnoint- ment or election, under the seal of the corporation, to the clerk thereof, and any person having been an officer of the city or village, shall, within five days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession, belonging to the city or village, or appertaining to his said office; and upon his refusal to do so, shall be liable for all the damages caused thereby, and to such penalty as may by ordinance be prescribed. [§ 76, ch. 24, R. S. 85. Qualification of offioees.] § 6. No person shall be eligible to any office who is not a qualified elector of the city or vil- lage and who shall not have resided therein at least one year next preceding his election or appointment. Nor shall any person be eligible to any office who is a defaulter to the corporation: Provided, however, this shall not apply to the appointment or election of city engineer in incorporated cities and villages: And provided, that the same shall not apply to appointment of attorneys in incorporated villages, if such appointee be not a defaulter to the corporation. [As amended by act approved June 21, 1895. In force July 1, 1895. L. 1895, p. 96. [§ 77, ch. 24, R. S. 86. Not interested in oonteaots, etc.] § 7. No officer shall be directly or indirectly interested in any contract, work or business of the city, or the sale of any article, the expense, price or considera- tion of which is paid from the treasury, or by any assessment levied by any act or ordinance; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation. [§ 78, ch. 24, R. S. 87. Beibeet — PENALTY.] § 8. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in whole or in part. 35 to be promised, ofifered or given to any member of the city council or board of trustees, or any officer of the corporation, after or before his election or appointment as such officer, any moneys, goods, right in action, or other property or anything of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or pro- ceeding which may be then pending, or may by law be brought be- fore him in his official capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000. or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or under- taking to make the same under any agreement or understanding that his vote, opinion, judgment or action shall be influenced there- by, or shall be given in any question, matter, cause or proceeding then pending, or which may by law be brought before him in his of- ficial capacity, shall, upon conviction, be disqualified from holding any public office, trust or appointment under the city or village, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or by a fine not exceeding $5,000, or both, in the discretion of the court. Every person offend- ing against either of the provisions of this section, shall be a com- petent witness against any other person offending in the same trans- action, and may be compelled to appear and give evidence before any grand jury or in any court in the same manner as other persons; but the testimony so given shall not be used in any prosecution or pro- ceeding, civil or criminal, against the person so testifying. [§ 79, ch. 24, E, S. 88. Matoe, etc., not to hold other office.] § 9. No mayor, alderman, city clerk, or treasurer, shall hold any other office under the city government during his term of office. [§ 80, ch. 24, R. S. 89. Duties op clerk.] § 10. The clerk shall keep the corporate seal, to be provided under the direction of the city council or board of trustees, and all papers belonging to the city or village; he shall attend all meetings of the city council or board of trustees, and keep a full record of its proceedings in the journal; and copies of all papers duly filed in his office, and transcripts from the journals, and other records and files of his office, certified by him under the corpo- rate seal, shall be evidence in all courts in like manner as if the originals were produced. [§ 81, oh. 24, R. S. 90. Record of ordinances.] § 11. The clerk shall record, in a book to be kept for that purpose, all ordinances passed by the city council or board of trustees, and at the foot of the record of each ordinance so recorded shall make a memorandum of the date of the passage and of the publication or posting of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of such ordinances for all purposes whatsoever. [§ 82, ch. 24, R. S. 91. Conservators of the peace— powers of.] § 12. The trustees in villages, the mayor, aldermen, and the marshal and his deputies, policemen and watchmen in cities, if any such be appointed, 36 shall be conservators of the peace, and all officers created conserva- tors of the peace by this act, or authorized by any ordinance, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any or- dinance of the city or village, or any ciiminal law of the State, com- mit for examination and, if necessary, detain such persons in custody over night or Sunday in the watch house or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers as conservators of the peace as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal warrants to whomsoever directed, may be served and executed within the corporate limits of any such city or village by any policeman of such city or village; such policemen being hereby clothed with all the common law and statutory power of constables for such purposes. [As amended by act approved June 14, 1883. In force July 1, 1883. L. 1883, p. 58; § 83, ch. 24, R. S. 92. Compensation OF MAYOK.] § 13. The mayor of any city shall receive such compensation as the city council may by ordinance direct, but his compensation shall not be changed during his term of office. [§ 84, ch. 24, R. S. 93. Compensation op aldermen and trustees.] § 14, The aldermen and trustees may receive such compensation for their services as shall be fixed by the ordinances: Provided, however, that in cities of less than 350,000 inhabitants such compensation shall not exceed the sum of $3 to each alderman for each meeting of the city council or board of trustees actually attended by him; in cities of more than 350,000 inhabitants such compensation shall not exceed the sum of $1,500 per annum for each alderman, and in villages the compensation to trustees shall not exceed the sum of $1.50 for each meeting of the board of trustees actually attended by such trustees. No other salary or compensation shall be allowed any alderman or trustee: Provided, further, that this act shall apply to all cities, towns and villages in this State whether incorporated un- der a general or special law, and that in all such villages and in- corporated towns the trustees thereof shall receive compensation for not more than one meeting in each week. [As amended by act approved and in force May 26, 1897. L. 1897, p. 94; § 85, ch. 24, R.S. 94. Compensation of other officers.] § 15. All other officers may receive a salary, fees or other compensation to be fixed by or- dinance, and after the same has been once fixed, such fees or com- pensation shall not be increased or diminished, to take effect during ( the term for which any such officer was elected or appointed; and every such officer shall make and return to the mayor, or president of the board of trustees, a semi-annual report, verified by affidavit, of all such fees and emoluments received by him. [§ 86, ch. 24 R. S. 95. Administering oaths,] § 16. The mayor of any city, and the clerk of any city or village, shall have power to adrninister oaths. and affirmations upon all lawful occasions. [§ 87, ch. 24, R. S. 37 Article VII. OF riNANOE. 96. Fiscal yeak.J §1. The fiscal year of each city or village organized under this act shall commence at the date estab- lished by law for the annual election of municipal oflBcers therein, oi at such other times as may be fixed by ordinance, [§ 88, ch. 24, R, S. 97. Annual appeopriation ordinance,] §2. The city council of cities, and board of trustees in villages, shall, within the firsi quarter of each fiscal year, pass an ordinance, to be termed the an- nual appropriation bill, in which such corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation: and in such ordinance shall specify the objects and purposes foi which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriatioQS shall be made at any other time within such fiscal year, unless the proposition tc make each appropriation has been first sanctioned by a majority ol the legal voters of such city or village, either by a petition signed by them, or at a general or special election duly called therefor. [§ 89 ch. 24, R. S. 98. Limitation — emergency — borrowing money.] §3. Neithei the city council nor the board of trustees, nor any department oi officer of the corporation, shall add to the corporation expenditures in any one year anything over and above the amount provided for in the annual appropriation bill of that year, except as is herein other- wise specially provided; and no expenditure for an improvement tc be paid for out of the general fund of the corporation shall exceed in any one year, the amount provided for such improvement in the annual appropriation bill: Provided, however, that nothing herein contained shall prevent the city council or board of trustees from ordering, by a two-thirds vote, any improvement, the necessity ol which is caused by any casualty or accident happening after sucl annual appropriation is made. The city council or board of trustees may, by a like vote, order the mayor or president of the board oi trustees and finance committee to borrow a sufficient amount to pro- vide for the expense necessary to be incurred in making any im- provements, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of th( next fiscal year — which sum, and the interest, shall be addec to the amount authorized to be raised in the next general taj levy, and embraced therein. Should any judgment be obtainec against the corporation, the mayor, or president of the boarc of trustees and finance committee, under the sanction of th( city council or board of trustees, may borrow a sufficient amount t< pay the same, for a space of time not exceeding the close of the nex fiscal year— which sum and interest shall, in like manner be addec to the amount authorized to be raised in the general tax levy of the next year, and embraced there. [§ 90, ch. 24, R. S. 38 99. Contracting liabilities limited.] § 4. No contract shall be hereafter made by the city council or board of trustees, or any member thereof; and no expense shall be incurred by any of the offi- cers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or board of trustees or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided. [§ 91, ch. 24, K. S. 100. Duties OF teeasukee.] §5. The treasurer shall receive all moneys belonging to the corporation, and shall keep his books and accounts in such manner as may be prescribed by ordinance, and such books and accounts shall always be subject to the inspection of any member of the city council or board of trustees. [§ 92, oh. 24, K, S. 101. Separate ACCOUNTS.] §6. He shall keep a separate ac- count of each fund or appropriation, and the debts and credits be- longing thereto. [§ 93, ch. 24, R. S. 102. Receipts.] § 7. He shall give every person paying money into the treasury a receipt therefor, specifying the date of payment, and upon what account paid; and he shall also file copies of such re- ceipts with the clerk, at the date of his monthly reports. [§ 94, ch. 24, R. S. 1 03. Monthly statements — wareants — vouchees — begistee.] § 8. The treasurer shall, at the end of each and every month, and oftener if required, render an account to the city council or board of trustees, or such officer as may be designated by ordinance (under oath,) showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treas- ury, and on what account, together with all warrants redeemed and paid by him ; which said warrants, with any and all vouchers held by him, shall be delivered to the clerk, and filed with his said account in the clerk's office, upon every day of such settlement. He shall return all warrants paid by him stamped or marked "paid." He shall keep a register of all warrants redeemed and paid, which shall describe such warrants, and show the date, amount, number, the fund from which paid, the name of the person to whom and when paid. [§ 95, ch. 24, R. S. 1 04. Deposit of funds — separate from his.] § 9. The treas- urer may be required to keep all moneys in his hands, belonging to the corporation, in such place or places of deposit as may be desig- nated by ordinance: Provided, however, no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer and deposited elsewhere than in some regularly organized bank, nor without a bond to be taken from such bank, in such penal sum and with such security as the city council or board of trustees shall direct and approve, sufficient to save the corporation from any loss; but such penal sum shall not be less than the estimated receipts for the current year from taxes and special assessments levied, or to be 39 levied, by the corporation. The treasurer shall keep all moneys be- longing to the corporation in his hands separate and distinct from his own moneys, and he is hereby expressly prohibited from using, either directly or indirectly, the corporation money or warrants in his custody and keeping, for his own use and benefit, or that of any other person or persons whomsoever; and any violation of this pro- vision shall subject him to immediate removal from office by the city council or board of trustees, who are hereby authorized to declare said office vacant; and in which case his successor shall be appointed, who shall hold his office for the remainder of the term unexpired of such officer so removed. [§ 96, ch. 24, R. S. 105. TkEASUEEK'S annual EKPOET — PUBLICATION.] § 10. The treasurer shall report to the city council or board of trustees, as often as required, a full and detailed account of all receipts and expendi- tures of the corporation, as shown by his books, up to the time of said report; and he shall, annually, between the first and tenth of April, make out and file with the clerk a full and detailed account of all such receipts and expenditures, and of all his transactions, as such treasurer, during the preceding fiscal year, and shall show in such account the state of the treasury at the close of the fiscal year; which account the clerk shall immediately cause to be published in a newspaper printed in such city, if there be one, and if not, then by posting the same in a public place in the clerk's office. [8 97, ch. 24, R.S. 106. Waseants.J §11. All warrants drawn upon the treasurer must be signed by the mayor and countersigned by the clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable; and no money shall be otherwise paid than upon such warrants so drawn, except as hereinafter pro- vided. [§ 98, ch. 24, E. S. 107. Special assessment funds kept sepaeate.] § 12. All moneys received on any special assessment shall be held by the treas- urer as a special fund, to be applied to the payment of the improve- ment for which the assessment was made, and said money shall be used for no other purpose whatever, unless to reimburse such corpo- ration for money expended for such improvement. [§ 99, ch. 24, R. S. city oollectoe. 1 08. His duties.] § 13. It shall be the duty of the collector, when one is appointed, to preserve all warrants which are returned into his hands, and he shall keep such books and his accounts in such manner as the city council may prescribe. Such warrants, books, and all papers pertaining to his office, shall at all times be open to the in- spection of and subject to the examination of the mayor, city clerk, any member of the council, or committee thereof. He shall weekly, and oftener if required by the council, pay over to the treasurer all moneys collected by him from any source whatever, taking such treas- urer's receipt therefor, which receipt he shall immediately file with the city clerk; but the city clerk shall, at the time, or on demand, give such tax collector a copy of any such receipt so filed. [§ 100, oh. 24, R. S. 40 109. He shall eeport, etc. — publication.] § 14. He shall make a report, in writing, to the council, or any oflScer designated by the council, of all moneys collected by him, the account whereon col- lected, or of any other matter in connection with his office, when re- quired by the council or by any ordinance of the city. He shall also, annually, between the first and tenth of April, file with the clerk a statement of all the moneys collected by him during the year, the particular warrant, special assessment or account on which collected, the balance of moneys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he shall have returned, during the preceding fiscal year, to the city clerk. The city clerk shall publish or post the same, as hereinbefore required to be done in regard to the annual report of the treasurer. [§ 101, ch. 24, R. S. 1 1 0. Not to detain money — penalty.] § 15. The collector is hereby expressly prohibited from keeping the moneys of the city in his hands, or in the hands of any person or corporation, to his use, beyond the time which may be prescribed for the payment of the same to the treasurer, and any violation of this provision will subject him to immediate removal from office. [§ 102, ch. 24, R. S. 111. Examination of his books — paying over.] §16. All the city collector's papers, books, warrants and vouchers may be exam- ined at any time by the mayor or clerk, or any member of the city council; and the collector shall every two weeks, or oftener if the city council so direct, pay over all money collected by him from any per- son or persons, or associations, to the treasurer, taking his receipt therefor in duplicate, one of which receipts he shall at once file in the office of the clerk. [§ 103, ch. 24, R. S. city comptroller. 1 1 2. His powers and duties.] § 17. The city comptroller (if there shall be any city comptroller appointed, if not, then the clerk) shall exercise a general supervision over all the officers of the corporation charged in any manner with the receipt, collection or disbursement of corporation revenues, and the collec- tion and return of all such revenues into the treasury. He shall have the charge, custody and control of all deeds, leases, warrants, vouchers, books and papers of any kind, the custody and control of which is not herein given to any other officers; and he shall, on or before the 15th of May, in each year, and before the an- nual appropriations to be made by the city council or the board of trustees, submit to the city council or board of trustees a report of his estimates, as nearly as may be, of moneys necessary to defray the expenses of the corporation during the current fiscal year. He shall, in said report, class the different objects and branches of expendi- tures, giving, as nearly as may be, the amount required for each; and for the purpose of making such report, he is authorized to re- quire of all officers their statement of the condition and expenses of their respective offices or departments, with any proposed improvements and the probable expense thereof, all contracts made 41 and unfinished, and the amount of any and all unexpended appro- priations of the preceding year. He shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report he shall give such other information to the council or board of trustees as he may deem necessary, to the end that the city council or board of trustees may fully understand the money exigencies and demands upon the corporation for the current year. [§ 104, ch. 24, K. S. 113. Council mat define the duties — teansfee of cleek's FINANCIAL DUTIES.] § 18. When there shall be appointed in any city a comptroller, the city council may, by ordinance or resolution, confer upon him such powers, and provide for the performance of such duties by him, as the city council shall deem necessary and proper; and all the provisions of this act relating to the duties of the city clerk, or the powers of city clerk in connection with the finances, the treasurer and collector, or the receipt and disbursements of the moneys of such city, shall be exercised and performed by such comptroller, if one there shall be appointed ; and to that end and pur- pose, wherever in this act heretofore the word "clerk" is used, it shall be held to mean "comptroller;" and wherever the "clerk's office" is referred to, it shall be held to mean "comptroller's office." [§ 105, ch. 24, R. S. 114. K.ECOED OF BONDS ISSUED Bi CITY.] § 19. The comptroller, when there shall be a comptroller, and if not, then the clerk, shall keep in his office, in a book or books kept expressly for that pur- pose, a correct list of all the outstanding bonds of the city, showing the number and amount of each, for and to whom the said bonds are issued; and when any city bonds are purchased, or paid, or canceled, said book or books shall show the fact; and in his annual report he shall describe, particularly, the bonds sold during the year, and the terms of sale, with each and every item of expense thereof. [§ 106, ch. 24, R. S. GBNEEAL PEOVISIONS. 115. FUETHER DUTIES MAT BE EEQUIEED.J §20. The CoUector and treasurer, and all other officers connected with the receipt and expenditure of money, shall perform such other duties, and be sub- ject to such other rules and regulations as the city council or board of trustees may, from time to time, by ordinance, provide and estab- lish. [§ 107, ch. 24, E. S. 1 1 6. Appeal to finance committee.] § 21. In the adjustment of the accounts of the collector or treasurer with the clerk (or comptroller if there shall be one) there shall be an appeal to the finance committee of the council or board of trustees, whose decision in all matters of controversy arising between said officers shall be binding, unless the city council or board of trustees shall otherwise direct and provide. [§ 108, ch. 24, R. S. 42 1 1 7. Who may appoint subordinates.] § 22, The comptroller (if there shall be one), the clerk, treasurer and collector, shall, severally, appoint such various clerks and subordinates in their re- spective oflBces as the city council or board of trustees may author- ize, and shall be held, severally, responsibe for the fidelity of all persons so appointed by them. [§ 109, ch. 24, R. S. 118. FOEEIGN INSURANCE COMPANIES — LICENSE, ETC. — PENALTIES. ] § 23. All corporations, companies or associations not incorporated under the laws of this State, engaged in any city in effecting fire in- surance, shall pay to the treasurer the sum of $2 upon the $100 of the net receipts by their agency in such city, and at that rate upon the amount of all premiums which, during the half year ending on every first day of July and January, shall have been received for any insurance effected or agreed to be effected in the city or village, by or with such corporations, companies or associations, re- spectively. Every person who shall act in any city or village as agent, or otherwise, for or on behalf of any such corporation, company or association, shall, on or before the 15th day of July and January, in each year, render to the comptroller (if any there be, if not, to the clerk,) a full, true and just account, verified by his oath, of all premiums which during the half year ending on every first day of July and January preceding such report, shall have been received by him, or any other person for him, in behalf of any such corpora- tion, company or association, and shall specify in said account the amounts recieved for fire insurance. Such agents shall also pay over to the treasurer, at the time of rendering the aforesaid account, the amount of rates for which the company or companies represented by them are severally chargable by virtue hereof. If such account be not rendered on or before the day hereinbefore designated for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in default to transact any business of insurance in any such city or village, until the said requisitions shall have been fully complied with; but this provision shall not relieve any company from the payment of any risk that may be taken in violation hereof. Any person or persons violating any of the provisions of this section shall be subject to indictment, and upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not exceeding $1,000, or imprisoned not exceeding six months, or both, in the dis- cretion of the court. Said rates may also be recovered of such cor- poration, company or association, or its agent, by action in the name and for the use of any such city or village, as for money had and received for its use: Provided, that this section shall only apply to such cities and villages as have an organized fire department, or maintain some organization for the prevention of fires. [§ 110, Ch. 24, R. S. 43 Aetiole VIII. OF THE ASSESSMENT AND COLLECTION OP TAXES. 1 1 9. Ordinance OF LEVYING TAX — limitation.] §1. The city council in cities and boards of trustees in villages may levy and col- lect taxes for corporate purposes in the manner following: The city council or boards of trustees, as the case may be, shall, annually, on or before the third (3d) Tuesday in September in each year, ascer- tain the total amount of appropriations for all corporate purposes legally made and to be collected from the tax levy of that fiscal year; and by an ordinance specifying in detail the purposes for which such appropriations are made and the sum or amount apppropriated for each purpose respectively, levy the amount so ascertained upon all the property subject to taxation within the city or village as the^ same same is assessed and equalized for State and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk of the proper county, whose duty it shall be to ascertain the rate per cent which, upon the total valuation of all property subject to taxation within the city or village as the same is assessed and equalized for State and county purposes, will produce a net amount of not less than the amount so directed to be levied, and it shall be the duty of the county clerk to extend such tax in a separate column upon the book or books of the collector or collectors of State and county taxes within such city or village. And where the corporate limits of any city or village shall lie partly in two or more counties, the city council or board of trustees shall ascertain the total amount of all taxable property lying within the corporate limits of said city or village in each county as the same is assessed and equalized for State and county purposes for the current year, and certify the amount of taxable property in each county within said city or village, under the seal of said city or village, to the county clerk of the county where the seat of government of such city or village is situated, whose duty it shall be to ascertain the rate per cent which, upon the total valuation of all property subject to taxation within the city or village, ascertained as aforesaid, will pro- duce a net amount not less than the amount so directed to be levied;, and said clerk shall, as soon as said rate per cent of taxation is ascer- tained, certify under his hand and seal of office to the county clerk of any other county wherein a portion of said city or village is situate, such rate per cent, and it shall be the duty of such county clerk to whom such rate per cent is certified to extend such tax in a separate column upon the book or books of the collector or- coUectors of the State and county taxes for such county against all property in his county within the limits of said city or village: Provided, the aggregate amount of taxes levied for any one year,, exclusive of the amount levied for the payment of bonded indebted- ness or interest thereon, shall not exceed the rate of two (2) per centum upon the aggregate valuation of all property within such city or village subject to taxation therein, as the same was equalized, for State and county taxes for the current year. 44 And, provided further, that nothing herein contained shall be held to repeal or modify the limitations contained in section 49 of an act entitled, "An act for the assessment of property and providing the means therefor, and to repeal a certain act therein named, ap- proved Feb. 25, 1898." [As amended by act approved April 22,1899. In force July 1, 1899, L. 1899,p. 92; § 111. ch. 24, K. S. 120. Mannbk OF COLLECTING.] § 2. The tax so assessed shall be collected and enforced in the same manner and by the same oflBcers as State and county taxes, and shall be paid over by the officers collecting the same to the treasurer of the city or village. [§ 112, ch. 24, K. S. 121. Time OF PAriNG OVBK.J §3. It shall be the duty of the officer collecting such tax to settle with and pay over to such treas- urer, as often as once in two weeks from the tjme he shall commence the collection thereof, all such taxes as he shall then have collected, till the whole tax collected shall be paid over. [§ 113, ch. 24, R. S. 122. When TAX LEVIED FOE PAETiouLAE PURPOSE.] § 4. When- ever any city or village is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city council or board of trustees, and certified to the county clerk as aforesaid; but the city council or board of trustees shall deter- mine, in the ordinance making such assessment, what proportion of such total amount shall be applicable to the payment of such parti- cular debt, appropriation or liability; and the city or village treasurer shall set apart such proportion of the tax collected and paid to him for the payment of such particular debt, appropriation or liability, and shall not disburse the same for any other purpose until such debt, appropriation or liability shall have been discharged. [§ 114, ch. 24, R, S. 123. Unifoemity.] § 5. All taxes levied or assessed by any city or village, except special assessments for local improvements, shall be uniform upon all taxable property and persons within the limits of the city, and no property shall be exempt therefrom other than such property as may be exempt from taxation under the con- stitution and general laws of the State. [§ 115, ch. 24, K. S, Aetiole IX. *SPECIAL ASSESSMENTS FOE LOCAL IMPEOVEMENTS. The following is section 16 of the original Article IX, which is supposed not to be repealed by implication: 1 24. When improvement made by general tax.] § 16. When the ordinance under which said improvement is ordered to be made shall provide that such improvement shall be made by general taxa- tion, the cost of such improvement shall be added to the general ap- propriation bill of such city or village, and shall be levied and col- lected with and as a part of the general taxes of such city or village. [§ 116, ch. 24, R. S. *For acts relating to special assessments for local improvements, see paragraph 576 et. ~seg. 45 Abtiole X, (miscellaneous PBOVISIONS) — WATEK. 125. Water — boreow money. J § 1. The city council or board of trustees shall have the power to provide for a supply of water by the boring and sinking of artesian wells, or by the construction and to regulation of wells, pumps, cisterns, reservoirs or water works, and to borrow money therefor, and to authorize any person or private cor- poration to construct and maintain the same at such rates as may be fixed by ordinance, and for a period not exceeding 30 years; also to prevent the unnecessary waste of water; to prevent the pollution of the water, and injuries to such wells, pumps, cisterns, reservoirs or water works. [§ 169, ch. 24, R. S- 126. Acquiring property for water works— jurisdictj on OVER.] § 2. For the purpose of establishing or supplying water works, any city or village may go beyond its territorial limits, and may take, hold and acquire property by purchase or otherwise; shall have power to take and condemn all necessary lands or property therefor, in the manner provided for the taking or injuring private property for public uses ; and the jurisdiction of the city or village to prevent or punish any pollution or injury to the stream or source of water, or to such water works, shall extend five miles beyond its corporate limits, or so far as such water works may extend. [§ 170, ch. 24, R. S. 127. Regulations — rates, taxation, etc.] § 3. The city coun- cil or board of trustees shall have power to make all needful rules and regulations concerning the use of water supplied by the water works of said city or village, and to do all acts and make such rules and regulations for the construction, completion, management or con- trol of the water works, and for the levying and collecting of any water taxes, rates or assessments, as the said city council or board of trustees may deem necessary and expedient; and such water taxes, rents, rates or assessments may be levied or assessed upon any lot or parcel of ground, having a building or buildings thereon, which shall abut or join any street, avenue or alley in such city or village through which the distributing pipes of such water works (if any) of said city or village are or may be laid, which can be conveniently supplied with water from said pipes: Provided, [whether] the water shall be used on such lot or parcel of ground or not; and the same, when so levied or assessed, shall become a continuing lien or charge upon such lot or parcel of ground, building or buildings, situated thereon, and such lien or charge may be collected or enforced in such manner as the city council may, by ordinance prescribe. And the corporate authorities may levy a general tax for the construction and main- tenance of such water works, and appropriate money therefor. [§ 171, ch. 24, R. S. 128. Tax-payer may enforce eights in name of city, etc.] § 4. A suit may be brought by any tax-payer, in the name and for the benefit of the city or village, against any person or corporation, to recover any money or property belonging to the city or village, or 46 for any money which may [have] been paid, expended, or released -without authority of law: Provided, that such tax-payer shall file a bond for all costs, and be liable for all costs in case the city or vil- lage be cast in the suit, and judgment shall be rendered accordingly. [§ 172, ch. 24, R. S. 129. Maps — approval of.] § 5. The city council or board of trustees shall have power to provide, by ordinance, that any map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or of any piece or parcel of land, shall be submitted to the city council or board of trustees, or to some officer to be designated by such council or board of trustees, for their or his approval; and in such cases no such map, plat or subdivision shall be entitled to record in the proper county, or have any validity until it shall have been so approved. [§ 173, oh. 24, R. S. 130. Inhabitants COMPETENT as jueoks, eto.J § 6. No person shall be an incompetent judge, justice or juror, by reason of his being an inhabitant or freeholder in said city or village, in any action or proceeding in which said city or village may be a party in interest. [§ 174, ch. 24, R. S. 131. Population — census.] § 7. Whenever in this act any provision thereof is based upon the number of inhabitants, [the num- ber of inhabitants] of the city or village shall be determined by ref- erence to the latest census taken by authority of the United States or this State, or of such city or village; and it shall be the duty of the Secretary of State, upon the publication of any State or United States census, to certify to each city or village the number of in- habitants, as shown by such census. Any city or village may, by ordinance, provide for the taking of a census of the population there- of, in order to determine the number of such population for any and all purposes of this act. And the several courts in this State shall take judicial notice of the population of any city or village, as the same may appear from the latest federal, state, city or village census so taken. [§ 175, ch. 24, R. S. 132. Municipal TEAR.] § 8. The term "municipal year" shall be construed to mean the period elapsing between the regular annual elections unless otherwise provided by ordinance. [§ 176, ch. 24, R. S. 133. City ok village need not give appeal bond. J § 9. When in any suit the city or village prays an appeal from the judgment of any court of this State to a higher court, it shall not be required to furnish an appeal bond, [§ 177, ch. 24, R. S. ARTICLE XI. OF THE organization OF VILLAGES. 134. By INCORPORATED TOV?NS.] § 1. Any town in this State incorporated, either under any general law for the incorporation of towns and acts amendatory thereof, or under any special act for the incorporation of any town or village, or any town which may be or- 47 ganized out of territory which may be disconnected from any in- corporated town under the provisions of an act entitled "An act to provide for the division of incorporated towns," may become organ- ized as a village under this act in the manner following: Whenever any 30 voters in such town shall petition the corporate authorities thereof to submit the question whether such town will become or- ganized as a village under this act, to the decision of the legal voters thereof, it shall be the duty of such corporate authorities to submit the same accordingly and to fix a time and place within such town for holding such election and to appoint the judges to hold such election, and to give notice of the time, place and purpose of such election by causing at least five notices thereof to be posted in public places in such town for at least 15 days prior to holding such elec- tion. [As amended by act approved June 18, 1891. In force July 1, 1H91. L. 1891, p. 79; § 178, ch. 24, K. S. 135. Ballot.] §2. Each qualified voter, resident within such town or proposed village, shall have the right to cast a ballot at such election, with the words thereon, "For village organization under the general law," or "Against village organization under the general law. [§ 179, ch. 24, R. S. 136. Returns — canvass — eeookd.] § 8. The judges of such election shall make returns thereof to the president and trustees of the town, as soon as practicable after such election is held; and it shall be the duty of the president and trustees to canvass such re- turns, and cause a statement of the result of such election to be en- tered upon the records of the town.* [§ 180, ch. 24, R. S. 137. Result — old officers continue until, etc.] §4. If a majority of the votes cast at such election are for village organiza- tion under the general law, such town shall, from thenceforth, be deemed to be duly incorporated as a village under this act; but the town officers then in office shall continue as like officers of such vil- lage until their successors shall be elected or appointed under the provisions of this act. [§ 181, ch. 24, R. S. 138. New organization — how effected.] §5. Whenever any area of contiguous territory, not exceeding two square miles, shall have resident thereon a population of at least three hundred inhab- itants, and which territory is not included within the limits of any incorporated town, village or city, the same may become incorporated as a village, under this act, in the manner following: Any thirty legal voters resident within the limits of such proposed village may petition the county judge of the county in which they reside, to cause the question to be submitted to the legal voters of such proposed village, whether they will organize as a village under this act. And if the territory described in said petition shall be situated in more than one county, then the petition shall be addressed to the judge of the county court of the county where a greater part of such territory is situated. Such petition shall be addressed to the county judge, * For recording and filing transcript of such record with the recorder of deeds and with the Secretary of State, see § 13. art. 1, page 13. 48 contain a definite description of the lands intended to be embraced in such village, the number of inhabitants resident therein, and the name of such proposed village. f§ 182, ch. 24, K. S. 139. Petition — election — ebtubns.J § 6. Upon the filing such petition in the office of the county clerk, it shall be the duty of such judge to perform the same duties in reference to fixing the time and place of such election, giving notice appointing judges thereof, as is above required to be performed by the president and trustees in towns already incorporated. The returns of such election shall be made to the county judge, who shall call to his assistance any two justices of the peace, and canvass such returns, and cause a state- ment of the result of such election to be entered upon the records of the county court.* The second section of this article shall be ap- plicable to such election. [§ 183, ch. 24, R. S. 140. Result — election of opfioers, etc.] §7. If a majority of the votes cast at such election is for village organization under the general law, such proposed village, with the boundaries and name mentioned in the petition, shall, from thenceforth, be deemed an or- ganized village under this act, and the county judge shall, thereupon, call, and fix the time and place of an election to elect village officers, and cause notice thereof to be posted or published, and perform all other acts in reference to such election, in like manner, as nearly as may be, as he is required to perform in reference to the election of officers in newly organized cities. But the term of office of trustees elected at such election shall terminate as soon as their successors are elected and qualified, at the regular annual election. [§ 184, ch. 24, R. S. 14-1. Trustees — cokpoeate name — powers.] §8. In each vil- lage organized under this act, there shall be elected by the qualified electors therein six trustees, who shall hold their office until their suc- cessors are elected and qualified. At the first election held hereafter there shall be elected the full number of trustees. At the first meet- ing of the board of trustees held after said first election, the trustees elected shall be divided by lot into two classes; those of the first class shall continue in office for one year, and those of the second for two years from the date of the annual election for that municipal year, and annually thereafter there shall be elected three trustees, who shall hold their office for the term of two years, and until their suc- cessors are elected and qualified. The trustees shall choose one of their own number president; and such village shall from the time of the first election held by it under said act be considered in law and equity, a body corporate and politic, by the name and style of "The village of " and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real and personal property necessary for corporate purposes, adopt a com- mon seal and alter the same at pleasure, and possess all other powers as a corporation in this act conferred upon cities not exceeding five thousand inhabitants, except as herein otherwise expressly provided. And wherever the words "city council" or "mayor" occur in this act * For recording and filing transcript of such record with the recorder of deeds and with the Secretary of State, see ? 13, art. 1. page 13. 49 the same shall be held to apply to the trustees and president of such village, so far as the same may be applicable. [As amended by act approved May 28, 1879, in force July 1, 1879. L. 1879, p. 67; § 185, oh. 24, K. S. 142. Powers AND DUTIES OF PRESIDENT AND TKUSTEES.j § 9. The president of the board of trustees shall perform the duties and exer- cise the powers conferred upon the mayor of a city, and shall receive as compensation therefor a salary to be fixed by the board of trustees, which salary shall in no case exceed two thosand dollars ($2,000) per annum ; and the trustees shall perform the duties and exercise all the powers conferred upon aldermen in cities; and the president and board of trustees may exercise the same powers conferred upon the mayor and city council of cities, and pass ordinances in like manner. The president of the board of trustees may exercise the same veto powers, and with like effect, as the mayor of a city, and the board of trustees may pass ordinances over such veto in like manner as a city council. [As amended by act approved and in force May 22, 1889. L. 1889, p. 84; § 186, ch. 24, R. S. 143. Style of ordinances.] § 10. The style of ordinances passed in villages shall be as follows: "Beit ordained by the Presi- dent and Board of Trustees of the Village of " (as the case maybe). [§ 187, ch. 24, R. S. 144. Appointment of ofeioers — prescribe duties and fees.] § 11. The president and board of trustees may appoint a clerk pro tempore, and whenever necessary to fill vacancies; and may also appoint a treasurer, one or more street commissioners, a village con- stable, and such other officers as may be necessary to carry into effect the powers conferred upon villages, to prescribe their duties and fees, and require such officers to execute bonds as may be pre- scribed by ordinances.* [§ 188, ch. 24, R. S. 145. Powers of CONSTABLE.] [§ 12. The village constable shall have the same powers to make arrests, execute process, and perform other official acts as other constables under the general laws of the State, together with such other powers as may be conferred on him by ordinance.* [§ 189, ch. 24, R. S. 146. Annual ELECTIONS.] § 13. An annual election for three trustees, and a clerk of villages shall be held on the third Tuesday of April in each year: Provided, that in villages, the territorial limits of which coincide with the territorial limits of any township, an election for trustees, and a clerk of villages, shall be held at the same time, and at the same polling places as the annual township election, to-wit: On the first Tuesday of April in each year. Special elections may be held, under such regulationg as may be provided by ordinance, to fill vacancies, and for other purposes. [As amended by act approved and in force March 11, 1881, L. 1881, p. 59. § 190, ch. 24, R. S. * So much of 2? U and 12 as relate to the appointment of constables was declared uncon- stitutional by the Supreme Court in People ex rel. vs. Bollam, 182 111., p. 528. —4. 50 147. Suits— JURISDICTION— FINES, ETC.] § 14. Suits and prose- cutions for the violations of any village ordinance may be prosecuted in the name of "The Village of " and justices of the peace and police magistrates shall have jurisdiction over such suits; and all fines and money so collected shall be paid into the village treasury. [§ 191, ch. 24, R. S. 148. Police MAGISTRATES.] §15. There may be a police mag- istrate elected at a regular annual election in each village, who shall give bonds, qualify, and have the same jurisdiction as other justices of the peace, and hold his office for four years, and until his suc- cessor is elected and qualified. [§ 192, ch. 24, R. S. 149. No INCORPORATION ALLOWED UNDER FORMER LAWS.] §. 16. After the taking effect of this act, no town or city shall become in- corporated under any other general law then in force for the incorpo- ration of towns or cities. [§ 193, ch. 24, R. 8. 150. Changing from city to village.] § That it shall be the duty of the mayor and common council of any city, upon the pe- tition of one-fourth of the legal voters thereof, and upon ten days previous notice of such application by the city clerk published in some newspaper printed in said city, or by posting such notices in five of the most public places within said city, for said period in case no such newspaper is printed in said city, to fix the time and call an election to decide whether said city shall be organized into a village. That said election shall be governed by the provisions of sections fifty (50), fifty-six (56) and fifty-seven (57) of said act, and the legal voters at said election shall vote for or against the organization of said city into a village, and the ticket shall be written or printed "For Village Organization,''' or "Against Village Organization," and if there shall be a majority of the votes cast at said election in favor of the organization of said city into a village, then said city shall be a village within the meaning of said act under its former name so changed, and shall succeed to all the rights and be liable for all the debts and legal liabilities of said city, and the mayor of said city shall, within ten days after said election, give notice of the time and place for the election of trustees as near as may be, as provided for under section one hundred and eighty-four (184) and one hundred and eighty-five (185) of said act, who shall hold their offices until the next regular election. Provided, that after one election shall have taken place, no other election for a like purpose until one year shall have elapsed. [This section added to the above act by amendment approved May 29, 1879. In force July 1, 1879. L. 1879, p. 68; § 193a, ch. 24, R. S. THE ORGANIZATION OF VILLAGE FROM A VILLAGE. AN ACT amending an act entitled "An act to provide for tlie incorporation of cities and villages," approved April 10. 1872, in force July 1, 1872, and amendments thereto, by add- ing thereto sections to be numbered 18. 19, 20, 21, 22 and 23. [Approved April 8, 1901. In force July 1, 1901. L. 1901, p. 119.] Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That Article XI, of an act entitled' "An act to provide for the incorporation of cities and vil- 51 lages," approved April 10, 1872, in force July 1, 1872, and all amenc ments thereto, be, and the same is hereby, amended by adding there to the following sections, numbered 18, 19, 20, 21, 22 and 23, towi .151. By paet of village or inoorpo bated town.] § 18 An part of any village or incorporated towH in this State, lying upon th border thereof, and having a population of not less than three hui dred (300) inhabitants, may become organized as a village under thi act in the manner following: A petition shall be presented to the judge of the county court c the county wherein such village or incorporated town is located, asl ing that the question of organizing such a part of said village or ii corpora ted town into a village under this act, be submitted to th legal voters of the said city, village or incorporated town. Such petition shall clearly define the boundary of the territor proposed to be organized as a village under this act, shall state th population thereof, and the name proposed for the village to be oi ganized therefrom, and shall be signed by not less than thirty (80) c the legal voters residing within the limits of the territory propose to be organized into a village under this act, providing that if th votes cast by the voters residing within the limits of said territory s the last proceeding election numbered more than three hundred (300] then in that case the petition shall be signed by legal voters residin within the said territory, numbering not less than one-tenth of th number of votes cast within said territory at the last preceding ger eral or municipal election. Thereupon said judge of the county court shall cause to be sul mitted to the voters of such village or incorporated town, at an elec tion to be held therein, the question of organizing the territory de scribed in said petition into a village under this act. Such questio: may be submitted at either a special election called for the purpose or at any municipal election, or at any general election; and notic of said election shall be given by causing notice to be published i: at least one newspaper in said county, within which said village o incorporated town may be, at least 15 days before said election, b the clerk of the county court: Provided, that no petition shall b ■valid for organizing a village from a part of a village or incorporatei town, if the territory remaining in the old village or incorporatei town shall be less than four (4) square miles, or have a populatio: of less than three hundred (300) inhabitants. [§ 193b, ch. 24, R. S 152. Elections — how conducted — ballot.] §19. In all case where the territory affected by the proposed election shall be unde the city election law, and shall lie within the jurisdiction of an board of election commissioners, as provided by the act entitled, "A act regulating the holding of elections and declaring the resul thereof in cities, villages and incorporated towns of this State," ap proved June 19, 1885, in force July 1, 1885, such election and a] municipal, county, state or general elections that may be held i: such territory prior to the qualification of the village officials of th 52 Tillage proposed to be formed under this act, shall be conducted by such board of election commissioners in conformity with the pro- visions of said act and all amendments thereto. But where such territory is not within the jurisdiction of such board of election commissioners, the said election shall be conducted in the manner provided by law for the conducting of other munici- pal elections within said territory, and each qualified voter resident within such village or incorporated town shall have the right to cast a ballot at such election "for village organization under the general law" or "against village organization under the general law" of the territory proposed to be organized as a village under this act. If the boundaries of the territory proposed to be organized into a village under this act intersect election precincts, then, in those pre- cincts so intersected, an additional ballot box shall be provided, into which shall be deposited only the ballots of the voters residing within the limits of the territory so sought to be organized into a village under this act. The ballots cast at such election shall be received, canvassed and returned, the same as ballots for municipal officers of such city, vil- lage or incorporated town. [§ 193c, ch. 24, R. S. 153. When subsequent election may be held.] § 20, No election on the same question and including territory within the same boundaries, shall be had, after one election thereon, until one year shall have elapsed. Two or more petitions, each being for wholly different territory, may be acted upon, and the questions proposed in said petitions may be submitted to vote at the same time. And in determining the re- sults of such simultaneous elections, the vote on each question sub- mitted shall be counted and given effect the same as though it was the only question voted upon. If two or more petitions are presented embracing in part the same territory, then the one first presented shall be submitted to vote, as above provided, and if that is carried, the other petitions shall not be submitted at all; but if the first is voted down, then the petition next presented shall be submitted, and so on, until one has been car- ried, or all have been voted upon. [§ 193d, ch. 24, R. S. 154. When such teekitoey shall become a village.] §21. Where it shall appear that the majority of the voters in such village or incorporated town, as well as a majority of the voters residing within the limits of the territory proposed to be organized under this act as a village, so voting upon the question vote for said organiza- tion under this act, thereupon such territory shall become a village under this act, under the name specified in said petition, upon the election and qualification of officers, as provided in the next section. [§ 193e, ch. 24, R. S. 155. Election of offioees.J § 22. In all cases where the proposition for the organization of such a village under this act has been adopted, village officers shall thereupon be elected in the man- ner prescribed by law in case of newly organized villages, and until 53 such officers are elected and qualified, the officers of the Tillage oi incorporated town shall continue jurisdiction over said territory. Upon the election and qualification of the officers of the new vil- lage formed under this act, the terms of all officers of the village or incorporated town held by the residents of the said new village un- der this act, who continue to reside in said new village, shall there- upon be terminated, and the occupants of such offices shall cease to act upon their successors being duly elected or appointed, [§ 193f, ch. 24, K. S. ff ly > 156. Certain sections applicable — when such new village CONSIDERED INCORPORATED.] § 23. Sections eight (8) to eighteen (18), both inclusive, and section twenty (20) of an act entited, "An act to provide for the annexation of cities, incorporated towns and villages, or parts of same, to cities, incorporated towns and villages," approved and in force April 25, 1889, and all amendments thereto shall be applicable and govern in all matters affecting the interests, status, properties, division, distribution and settlement of the matters and things mentioned in said act, so far as the provisions of said act are applicable, and are not in conflict with the provisions of the fore- going sections of this act. And in the application of the provisions of the said act and of the amendments thereof, the said new village shall be considered as a village or incorporated town to which terri- tory is annexed, and the old village or incorporated town from which said new village is formed shall be considered as a village or in- corporated town from which territory is taken. [§ 193g, ch. 24, R. S. TO CURE DEFECTS IN ORGANIZATION. AN ACT to enable incorporated towns to cure defects in their orgranization and to become organized as villages. [Approved and in force April 18, 1873. L. 1873, p. 65. 157. Defacto TOWNS MAY REORGANIZE.] §1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: That it shall be lawful for any town which has at any time heretofore endeavored to become incorporated under any law of the State heretofore in force, and which now exists as an incorporation de facto, and has or may have in office a board of trustees elected by the people, to organize and become incorporated as a village under the act entitled, "An act to provide for the incorporation of cities and villages," approved April 10, 1872, in like manner as provided in section 1 of article XI of said act, notwithstanding such former or- ganization may have been defective and unauthorized by law and such town may have less than 300 inhabitants; and after organizing as such village, no defect in such former organization shall in any manner impair the organization of such village. [Omitted from R. S. 158. Emergency.] § 2. Inasmuch as there are towns in the State whose proceedings to become incorporated were defective, and not in compliance with law, but which have in good faith elected boards of trustees, and become incorporated defacto; and whereas, the public interest demands that the question as to the right of such corporation to continue in existence should be speedily settled, an emergency exists requiring this act to take effect immediately, therefore this act shall take effect and be in force from and after its Dassaffe. fOmitted from R, S. 54 LAWS KBLATING TO MUNICIPALITIES ORGANIZED UNDER GENERAL OR SPECIAL ACTS. [PARAGRAPHS 159-1160.] Organization — Acts Conoebning Annexation, Disconnection and Division of Teeritoet, Change of Name, Change of Site, Rb- ookding OF Plats, etc. [Paragkaphs 159-235.] annexing and excluding teeeitoey. an act to provide for annexing and excluding territory to and from cities, towni and Tillages, and to unite cities, towns and villages. [Approved April 10, 1872. In force July 1, 1872. L. 1871-2, p, 264.] 159. Petition to be annexed — vote op people annexing.) § 1. That on petition, in writing, signed by a majority of the legal voters, and by a majority of the property owners in any territory con- tiguous to any city or incorporated village or town, and not embraced within its limits, the city council or board of trustees of said village, city or town (as the case may be) shall submit to a vote of the peo- ple of said city, village or town (as the case may be) at its next reg- ular election or a special election to be called within sixty (60) days after said petition is presented, the question of the annexation of such proposed territory: Provided, however, that where the said petition shall be presented within ninety (90) days prior to a regu- lar election no special election shall be called. In case the question of such annexation shall receive a majority of all the votes cast at said election in favor thereof, the city council or board of trustees of said city, village or town (as the case may be) shall, within 90 days thereof, by ordinance, annex such territory to such city, village or town, upon filing a copy of such ordinance, with an accurate map of the territory annexed (duly certified by the mayor of the city or president of the board of trustees of the village or town) , in the office of the recorder of deeds in the county where the annexed terri- tory is situated, and having the same recorded therein: Provided, that no portion less than the whole of an incorporated city, town or village shall be annexed to another incorporated city, town or village, except in the mode provided in this act for the annexation of the whole of an incorporated city, town or village to another city, town or village. [As amended by act approved May 10, 1901. In force July 1, 1901. L. 1901, p. 95; § 195, ch. 24, R. S. 160. Annexing ONE coepoeation to anothee'] § 2. Any in- corporated city, village or town may be annexed to another incor- 55 porated city, village or town, by ordinance passed by a two-thirds vote of all the aldermen or trustees elect of each corporation desiring annexation: Provided, such annexation shall not aflFect or impair any rights or liabilities either in favor of or against such corpora- tions ; and suits founded upon such rights and liabilities may be commenced, and pending suits may be prosecuted and carried to final judgments and execution, the same as if such annexation had not taken place. In making such annexation, the corporations so uniting may, by ordinance, fix the terms of the annexation, which shall have the force and eflfect of a binding contract : Provided, however, that no such ordinance shall be of any binding force or ef- fect until submitted to a vote of the legal voters of such city, town or village, at a general election thereof, and adopted by a majority of all the voters voting thereon at such election, notice of which shall be given at the same time and in the same manner as required for the election of the oflBcers of such city, town or village: And, pro- vided, also, that the vote shall be by ballot, which shall be "for union ordinance," or "against union ordinance," and shall be re- ceived, canvassed and returned the same as ballots for municipal oflicers of such city, town or village. [§ 196, ch. 24, R. S. 161. Proceedings BY ooBPOEATioN TO annex teeeitoet.] § 3. When any incorporated city, village or town shall desire to annex any contiguous territory thereto, and the same shall not have been petitioned for as provided in section one of this article, it shall be lawful for the city council or board of trustees of such city, village or town, by a two-thirds vote of all the aldermen or trustees elect, by ordinance or resolution, to authorize the mayor of such city or the president of the board of trustees of such village or town, to petition the circuit court of the county in which the territory desired to be annexed or a major part thereof is situated, praying such annexation to be made. The petition shall contain a copy of such ordinance or resolution, and an accurate map of the territory which it is desired to annex, showing all such subdivisions that shall have been made therein. Such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard: Provided, that nothing in this section contained shall authorize said petition to be filed unless the territory so sought to be annexed (except territory intervening between a city and town, or two or more cities or towns, desiring to become united under this act) , shall contain an actual resident population of at least 150 in- habitants to each section or fractional part of a section so sought to be annexed — which said fact shall be alleged in said petition and proved on the hearing thereof, the same as any other allegation in said petition. [§ 197, ch. 24, R. S. 162. Notice OF proceedings.] § 4. "When it shall be deter- mined to present such petition, the mayor or president of the board of trustees (as the case may be) shall cause notice of the time and place where and when the petition will be or has been filed, and at what term of court the hearing thereof will be had, and setting forth the boundaries or a general description of the territory proposed to be annexed — to be given by publication at least once in each week 56 for two successive weeks, in some newspaper published in the county where the petition is filed or to be filed (or, if no newspaper^ is pub- lished in such county, then in the nearest newspaper published in this State), and by posting up notices at least 14 days before such time of hearing, in at least three of the most public places in the territory proposed to be annexed, and a like number in the city, vil- lage or town to which it is desired to annex such territory. [§ 198, ch. 24, R. S. 1 63. Objection to annexation — tkial,] § 5. The legal voters resident upon the territory thus proposed to be annexed, or any of them, or any owner of land therein, or any voter of such city, village or town, may appear at such hearing and show cause why such annexation should not be made; and the court, or a jury im- paneled for that purpose (no member of the jury so impaneled shall be a resident of the corporation or territory to be annexed, nor ot the town or towns in which said corporation or territory may be situated,) shall hear all competent evidence that may be offered by either party; and the court may continue the hearing from time to time, for any cause, and make all proper orders in regard to the hearing, giving of notices and other disposition of the case. [§ 199, ch, 24, R. S. 164. Finding — costs, etc.] § 6. If, upon the hearing, the court or the jury shall find that such territory ought to be annexed to such city, village or town, and can be so done without injustice to the inhabitants or persons interested, the court shall so order. If the court or jury shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners; and no subsequent peti- tion shall be presented for the annexation of any of the territory embraced in such petition, within one year from the time of enter- ing such order: Provided, that new trials may be granted as in other jury cases. [§ 200, ch. 24, R. S. 165. Peooeedings BY OWNER TO BE ANNEXED.] §7. When not less than a majority in number of the legal voters or the owner or owners of any tract or tracts of land, contiguous to any incorporated city, village or town, shall, by petition, in writing, signed by them, and filed in the circuit court of the county where such territory or a major part thereof is situated, pray to be annexed to such city, village or town, the like proceedings may be had thereon, and with the like effect, as in case of a petition by a city, village or town: Provided, a copy of the notice required to be given shall be left with the mayor of such city, or president of such village or town, at least ten days before such petition is heard. [§ 201, ch. 24, R. S. 166. Peooeedings TO DISCONNECT, J §8. Whenever a majority of the legal voters of any territory within any city, town or village, and being upon the border and within the boundary thereof, shall petition the circuit court of the county in which such city, town or village is situated, praying to be disconnected therefrom, such peti- tion shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard, and like proceeding shall be required by sections 4, 5 and 6 of the act for 57 the annexation of territory to such city, town or village: Providedi that the provisions of this section shall only apply to lands not laid out into city or town lots or blocks. [§ 202, ch. 24, K. S. 167. Map AND OEDiNANOE EEOOEDED. J § 9. When any territory is annexed to any city, village or town, as provided in this act, it shall be the duty of the mayor of the city, or the president of the board of trustees of the village or town, (as the case may be,) to cause an accurate map of such added territory, together with the ordinance for the annexation, certified by such mayor, and if a decree or order of the court has been made therefor, a copy of the same, to be filed for record and recorded in the recorder's office for the county in which such added territory is situated. If territory is disconnected or excluded from any city, village or town, a copy of the ordinance or decree therefor shall be so filed for record and recorded. [^ 203, ch. 24, R. S. 168. School DiSTBiCTS.] §10. All school districts, and other corporations incorporated for school purposes, under special acts of the legislature, desiring to annex or disannex territory, may proceed under the provisions of this act. [§ 204, ch. 24, R. S. 169. Judicial NOTICE.] § 11. All courts in this State shall take judicial notice of cities, towns and villages, and of the changes of their territory, made under the provisions of this act. [8 205, ch. 24, R. S. DISCONNECTING TEKEITOEY. AN ACT in relation to the disconnection of territory from cities and villages and to repeal an act therein named. [Approved and in force May 10, 1901. L. 1901, p. 96. 1 70. Disconnecting teeeitoey.] Section 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: That whenever the owners representing a majority of the area of land of any territory within any city or village, and being upon the border and within the boundary thereof, not laid out into city or village lots or blocks, shall petition the city council of such city, or the trustees of such village, praying the disconnection of such territory therefrom, such petition shall be filed with the city clerk of such city, or the president of the trustees of such village, accompa- nied with the certificate of the county clerk, showing that all city taxes or assessments due up to the time of presenting such petition are fully paid, at least 30 days before the meeting of such city council or trustees at which it is proposed to present such petition, and the city clerk of such city, or president of the trustees of such village, shall present such petition to the city council or trustees, as the case may be, and upon such presentation the city council of such city, or trustees of such village, may in the discretion of such city council, or trustees of such village, by ordinance, to be passed by a majority of the members elected to such city council, or board of trustees, disconnect the territory described in such petition from such city or village : Provided, however, that the territory so dis- connected shall not thereby be exempted from taxation for the pur- pose of paying any indebtedness contracted by the corporate 58 authorities of such city or village while such territory was within the limits thereof, and remain unpaid, but the same shall be assessed and taxed for the purpose of paying such indebtedness the same as if such territory had not been disconnected, until such indebtedness is fully paid. [§ 206, ch. 24, K. S. 171. Oedinanob eecokded.] § 2. a copy of the ordinance discon- necting the territory from any city or village, certified by the clerk of such city, or president of the trustees of such village, shall be filed for record and recorded in the recorder's office of the county in which such disconnected territory is situated, and a copy of such ordinance, so certified, shall be filed with the clerk of the county court of th& county in which such disconnected territory is situated. [§ 207, ch. 24, R. S. 172. Judicial notice. J 8 3. All courts in this State shall take judicial notice of cities and villages and the changes made in their territory under this act. [§ 208, ch. 24, R. S. 173. What PEOPEETT ACT APPLIES.] § 4. This act shall apply to and affect all cases where property has not been disconnected by such city council, or trustees of such village, whether application has been made for disconnection or not. [§ 209, ch. 24, R. S. 1 74. Repeal.] § 5. An act in relation to the disconnection of territory from cities and villages, approved and in force May 29, 1879, and all other acts and parts of acts in conflict with this act are hereby repealed. [§ 210, ch. 24, R. S. 175. Emergency.] §6. Whereas, an emergency exists, therefor this act shall take effect and be in force from and after its passage. [§ 210|, ch. 24, R. S. DIVISION OP INCORPORATED TOWNS. AN ACT to provide for the division of incorporated towns. [Approved June 13, 1891. In force J uly 1, 1891. Laws 1891, p . 74. J 176. MaNNEE op "disconnecting — election — NOTICE — ELECTION OP oppiOBRS.] § 1. Be it enacted by the People of the State of Illi- nois represented in the General Assembly : That any portion of an incorporated town, such portion having an area of not less than one square mile and a resident population of not less than 1,000, and lying upon the border and within the boundary of such incorporated town, may be disconnected from such town as a separate town in manner following, that is to say: A petition shall be presented to the county judge of the county in which such incorporated town is situated, asking that the question of disconnection be submitted to the legal voters of such town. Such petition shall clearly define the boundary of such territory sought to be so disconnected; shall state the population thereof and the name proposed for the town to be orgahized therefrom, and shall be signed by not less than 100 of the legal voters residing within the limits of the territory sought to be disconnected, unless the votes cast by the voters residing within the limits of such territory at the last preced- ing election numbered less than 500, in which case the petition shall 59 be signed by one-fifth of the legal voters residing within the limits of such territory; and thereupon the said county judge shall cause to be submitted the question of disconnection to the voters of such incorporated town at an election to be held in such incorporated town; such question shall be submitted at the next succeeding gen- eral or municipal election, provided such general or municipal elec- tion shall be holden at a time not less than 20 days or more than 60 days after the presentation of said petition to said county judge. In case the next succeeding general or municipal election shall be holden at a time within 20 days or more than 60 days after the presentation of said petition as aforesaid, then the said county judge shall order a special election to be holden in said town after the manner of holding town elections at a time not more than 30 days after the presenta- tion of said petition. Notice of the election hereby required shall be given by causing notices thereof to be published in at least one news- paper published in said county within which said incorporated town may be, at least 15 days before such election by the clerk of the county court. The ballots cast at such election to be written or printed or partly written and partly printed "for disconnection of" (here set out the limits of the territory sought to be disconnected) or "against disconnection of" (here set out the limits of the territory sought to be disconnected) respectively, to be received, canvassed and returned the same as ballots for municipal officers of such in- corporated town, and the officers who are charged by law with the duty of canvassing such votes, shall ascertain the exact residence of each voter, voting at such election, either from the books of registra- tion or from the oath or affirmation of such voter, and in election pre- cincts which are intersected by the boundaries of the territory sought to be disconnected, the judge of elections shall procure an additional ballot box in which shall be deposited only the ballots of voters re- siding within the limits of the territory so sought to be disconnected, and shall file or cause to be filed with the clerk of the county court of such county a certificate of such canvass immediately upon ascer- taining the result thereof, in which certificate such offieers shall state, as well as the results of the entire vote as canvassed by them, the num- ber of votes cast by the voters residing within the limits of the terri- tory so sought to be disconnected, and the number of votes for and the number of votes against the question so submitted as cast by such voters; and if it shall appear that the majority of the voters of such incorporated town as well as a majority of the voters residing within the limits of the territory sought to be disconnected, so voting upon the question of division at such election vote for disconnection, there- upon such territory shall become disconnected and wholly separated from such town, both as an incorporated town and as a town under the township organization laws, and shall constitute a duly organized town under the name proposed in the aforesaid petition under the general township organization laws, and the jurisdiction of the cor- porate authorities of the town from which such territory shall be taken shall continue over such new town until proper township offi- cers of such new town shall be elected and qualified under the pro- visions of this act; and the county judge shall forthwith call and fix 60 the time and place of an election to elect town officers, and cause no- tices thereof to be posted or published, and perform all other acts in reference to such election in like manner as nearly as may be, as he is required to perform in reference to the election of officers in newly organized cities; but the term of such officers elected at such elec- tion shall terminate as soon as their successors are elected and quali- fied at the regular annual election. [§ 210a, ch. 24, R. S. 177. When more than one petition presented,] § 2. If more than one petition be presented to the county judge as described in this act for the disconnection of the same territory included within ■different boundaries, the judge of said county shall submit such question as petitioned for in the first petition presented to him, and shall suspend action upon such other petition or petitions until the question first submitted shall be determined by election as aforesaid. [§ 210b, ch. 24, R. S. 178. When division not to affect assessment.] § 3. When- ever any incorporated town shall be divided under the provisions of this act, after the making out of the assessor's books in any year, such division shall not in any manner affect the assessment or collec- tion of the taxes assessable and collectible in that year, but the same may be assessed and collected in the same manner and by the same ■officers as if no division or alteration had taken place. [§ 210c, ch. 24, R. S. 179. New town — vesting peopebtt.] § 4. Whenever any por- tion of any incorporated town shall be disconnected from such town and organized as a separate town under the provisions of this act, such new town shall become vested with the title and ownership of all property belonging to such incorporated town lying wholly there- in, to be held for the use and benefit of such new town. [§ 210d, ch. 24, R. S. 180. Manner OF division of property and indebtedness.] § 5. Such new town shall assume and pay its proportionate share of any indebtedness of such incorporated town according to the taxable property in such new town; the amount of said indebtedness to be paid by said newly organized town shall be determined and agreed upon by the corporate authorities of the said newly organized town and of the original town from which such territory is taken, in such manner as they shall elect. If they can not agree, then the matter shall be determined by the circuit court of the county in which such towns may be, by petition of either town or of any taxpayer of either town. The court shall hear and determine the matter in a summary way without pleadings, and shall pronounce judgment as the right and equity of the matter shall demand. If the respective corporate ■authority shall agree as to the amount to be paid by each town, then each shall pass an ordinance or a resolution reciting the amount thereof to be paid, a copy of which said ordinance shall be duly cer- tified by the clerk of each town and filed with the county clerk of the county wherein such towns may lie, and by him certified to the State Auditor of Public Accounts, and which said ordinance or resolution shall be final and conclusive in all proceedings as to the amount of 61 indebtedness so to be paid. If a judgment or decree shall be entered by the circuit court or county court, as hereby provided, then a cer- tified copy thereof shall be made by the clerk of said court and filed with the clerk of each of said towns and with the county clerk, and by the county clerk certified to the State Auditor of Public Accounts, and such judgment shall be final and conclusive in all proceedings as to the amount of indebtedness to be paid by each town. The State Auditor shall thereafter certify the proportion or rate per centum to the county clerk, and the county clerk shall thereafter extend such proportion or rate per centum upon the taxable property, of both the original town and such new town, for the payment of any bonds or interest thereon so issued by such incorporated town, so that each town shall pay its just share and proportion as agreed upon, or as adjudged by the court. Such new town shall be entitled to its pro- portionate share of all public property, according to the amount of taxable property within such new town, and shall be charged there- with in a division of the public property of such dismembered incor- porated town, and the original town, as divided, shall be charged with all the public property within its territory, and all the public funds in the hands of the corporate authorities, such division to be agreed upon by the same authorities, or settled by the court in the same manner and upon the same basis as above provided for in dividing the indebtedness of said dismembered incorporated town. [S 210e, oh. 24, K. S. 181. Division — annual tax levy — peo eata shake.] § 6. When an incorporated town shall be divided as above prescribed, and before such division the municipal authorities of said incorporated town had made an annual tax levy, then in such case there shall be paid over to the treasurer of the new town the pro rata share paid by such disconnected territory, of said tax levy for said year, according to the taxable property therein as the same existed immediately be- fore such division, and charging such territory its proportionate share for the expired part of the fiscal year. [§ 210f, ch. 24, R. S. 182. Peooeedings oommenoe befoee division foe impeoving STKEET — HOW CAEEIED ON.] § 7. When any portion of an incorpo- rated town is disconnected therefrom under the provisions of this act, and prior to such division proceedings had been instituted for the purpose of improving any streets within such detached portion by special assessment or special tax, then in such case such proceedings may be carried to a finalty whether the whole improvement be within the detached portion or not. If the whole improvement is to be made within the detached portion, then Ihe amount collected by such pro- ceedings shall be paid over to such new town to be used by such town for the purpose for which such proceedings were instituted. If only a part of such improvement is to be made within the detached terri- tory, then such original town may proceed with the same as though such division had not taken place. When any portion of any incor- porated town shall be disconnected under the provisions of this act, then in that case any proceedings instituted for the purpose of taking land for the purpose of opening any street or alley or other public way within the territory so disconnected shall not be arrested or 62 stayed, but the same may proceed to a finalty if the new town so elect, and all moneys received from any special assessment or tax levied or assessed for such purpose shall be paid over to the said new town to be used by it for the purposes for which the same was collected, such proceedings to be continued in the name of said new town with like force and eifect as though said territory had not been detached. [§ 210g, ch. 24, R. S. 183. Provision as to sewers, water works, gas or electric LIGHT system.] § 8. If any portion of any incorporated town be dis- ■connected under the provisions of this act, such new town and the original town shall have the same use and benefit of any sewer, water works, gas or electric light system owned by said original town, from which such new town was disconnected, on the same terms, conditions and restrictions that the territory of each had before such dismem- berment, and in case the new town shall become incorporated as a village then such village shall succeed to all the rights and privileges and be subject to all the burdens and conditions granted or imposed by this act. [§ 210h, ch. 24, R. S. 184. Provision as to officers — justices op the peace — pro- ceedings.] § 9. When any portion of any incorporated town shall be disconnected under the provisions of this act, if any officer of the "town from which such territory shall be taken (excepting justices of the peace or police magistrates) shall continue to reside in such new town, his office shall become vacant and filled as in other cases of vacancy; but any justice of the peace or police magistrate duly elected and qualified, and acting at the time such disconnection shall take effect, shall continue to hold his office for the term for which he was elected; all suits, actions, proceedings, complaints, prosecutions and special proceedings which shall be pending in the territory so dis- connected before any justice of the peace shall be heard and de- termined as though such division had not taken place, and the said justices of the peace shall continue to exercise within said territory, the duties of their respective offices until the term thereof shall re- spectively expire or otherwise be determined in the same manner as though such disconnection had not taken place, and the powers and jurisdiction of said justices within said territory, and their fees and emoluments and methods of procedure, shall be the same as though such disconnection had not taken place. At the expiration of the term of such justices of the peace or police magistrates, all dockets and books, papers and files of their respective offices shall be filed and deposited with any justice of the peace of said newly incor- porated town, that the circuit court of the county shall designate by order of the court. [§ 210i., ch. 24, R. S. 185. School districts.] §10. Nothing herein shall be con- strued to authorize the alteration of the boundaries of any school district or township. [§ 210j., ch. 24, R. S. 63 ANNEXATION OF CITIES, INOOKPOEATED TOWNS AND VILLAGES. AN ACT to provide for the annexation of cities, incorporated towns and villaees, or parts of same, to cities, incorporated towns and Tillages. [Approved and in force April 25, 1889. L. 1889, p. 67.1 186. Petition to — how question submitted — eetuens.] Sec- tion 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly : That where an incorporated city, town or village adjoins another incorporated city, town or village it may be annexed thereto in the manner following, that is to say: A petition shall be presented to the judge of the county court of the county wherein such incorporated city, town or village to which such annexation is sought is situated, asking that the question of annexation be submitted to the legal voters of the city, village or in- corporated town sought to be annexed, and the legal voters of the city, village or incorporated town to which it is sought to annex the same. Such petition shall be signed by not less than two hundred and fifty (280) of the legal voters of the city, village or incorporated town sought to be annexed, unless the votes cast in said city, village or incorporated town at the last preceding general election numbered less than five hundred (500) , in which case the petition shall be signed by one third (J) of the legal voters of such city, village or incorporated town, and thereupon said county judge shall cause to be submitted the question of annexation to the voters of the incor- porated city, town or village sought to be annexed, and to the voters of the incorporated city, town or village to which it is sought to annex the same, at an election to be holden in each of said incor- porated cities, towns or villages. Such question may be submitted at either a special election called for that purpose, or at any munici- pal election, or at any general election. Notice of the election hereby required shall be given by causing notices thereof to be published in at least one newspaper published in said county, within which said city, village or incorporated town may be, to which territory is sought to be annexed, at least fifteen (15) days before such election, by the clerk of the county court. The ballots cast at such election to be written or 'printed, or partly written or partly printed, "For annexation of" (here name the city, village or incorporated town to be annexed) "to" (here name city, village or incorporated town to which annexation is sought) or, "Against annexation of" (here name city, village or incorporated town to be annexed) "to" (here name city, village or incorporated town to which annexation is sought) respectively, to be received, canvassed and returned the same as ballots for municipal officers of such incorporated cities, towns or villages, and the officers who are charged by law with the duty of canvassing such votes, shall file, or cause to be filed, with the clerk of the county court of such county a certificate of the result of such canvass immediately upon ascertaining the result thereof, and if it shall appear that a majority of the voters of each incorporated city, town or village so voting upon the question of annexation, at such election vote for annexation, thereupon the jurisdiction of the in- corporated city, village or town, to which such other incorporated city, village or town is annexed, shall extend over said territory; 64 but if It shall appear that a majority of the voters of any in- corporated city, town or village so voting upon the question of annexation, when such question is first submitted, vote against an- nexation, any petition thereafter presented to the judge of the county court shall be signed by not less than one-eighth of the legal voters of the incorporated city, town or village, which is sought to be an- nexed to an adjoining city, village or incorporated town so voting against annexation. [§ 211, ch. 24, R, S. 187. When inhabitants ov tbeeitoey desike to be annexed — PEOOEEDiNGS.] § 2. When the inhabitants of any territory not less than one-half square mile in extent and less than the whole of an incorporated city, village or town, and which territory shall be con- tiguous to and adjoining the territory of another incorporated city, village or town, desire to be annexed to such other incorporated city, village or town, such annexation may be efiFeoted as follows: A pe- tition shall be presented to the judge of the county court wherein such incorporated city, town or village is situated to which annexa- tion is desired, signed by not less than 100 of the legal voters of the territory sought to be annexed, asking that the question of annexa- tion of the territory described in the petition may be submitted to the legal voters of the city, village or incorporated town from which said territory is to be taken, and to the legal voters of the city, vil- lage or incorporated town to which it is sought to annex the same and to the legal voters of the territory sought to be disconnected from one city, village or incorporated town and annexed to the other city, village or incorporated town. Such territory shall be described in said petition, and thereupon said county judge shall cause to be submitted the question of annexation of such territory to the voters of the incorporated city, town or village from which it is sought to disconnect territory, and to the voters of the incorporated city, town or village to which it is sought to annex the same, at an election to be holden in each of said incorporated cities, towns or villages. Such question may be submitted at either a special election, called for that purpose, or at any municipal election, or at any general election. Notice of the election hereby required shall be given by causing no- tices thereof to be published in at least one newspaper published in said county, within which said city, village or incorporated town may be, to which territory is sought to be annexed, at least 15 days before such election, by the clerk of the county court. The ballots at such election to be written or printed, or partly written and partly printed, "For annexation of" (here describe territory of city, village or in- corporated town to be annexed) "to" (here give the name of city, village or incorporated town to which annexation is sought) or "against annexation of" (here describe territory of city, village or in- corporated town to be annexed) "to" (here name city, village or in- corporated town to which annexation is sought) respectively, or in such other manner as is or may be hereafter provided in such cases by the general election laws of the State of Illinois applicable to said cities, villages or incorporated towns, said ballots to be received, can- vassed and returned the same as ballots for municipal officers of such incorporated cities, towns or villages; and the officers who are charged 65 by law with the duty of receiving such votes, shall ascertain the ex- act residence of each voter voting at such election, either from the books of registration or from the oath or affirmation of such voter, and in election precincts which are intersected by the boundaries of the territory sought to be annexed, the judges of election shall pro- cure an additional ballot box in which shall be deposited only the ballots of voters residing within the limits of the territory so sought to be annexed, and shall make a separate return of the ballots cast in such additional ballot box, and the officers who are charged by law with the duty of canvassing the returns of such election shall file, or cause to be filed, with the clerk of the county court of such county, a certificate of such canvass immediately upon ascertaining the result thereof, in which certificate such officers shall state, as well as the results of the entire vote in each of the cities, incorporated towns or villages as canvassed by them, the number of votes cast by the voters residing within the limits of the territory so sought to be annexed, and the number of votes for and the number against the question so submitted as cast by such voters; and if it shall appear that the ma- jority of the voters of each incorporated town, city or village, as well as a majority of the voters residing within the limits of the territory sought to be annexed so voting upon the question of annexation at such election, vote for annexation, thereupon the jurisdiction of the incorporated city, town or village shall extend over such territory so annexed; but if it shall appear that a majority of the voters of any territory less than the whole of an incorporated city, village or town, so voting upon the question of annexation, when said question is sub- mitted, vote against annexation, any petition thereafter presented to the judge of the county court for the annexation of the same terri- tory shall be signed by not less than one-eighth of the legal voters of the territory which is sought to be annexed under such subse- quent petition. [As amended by act approved April 12, 1899. In force July 1, 1899. L. 1899, p. 87; § 212, ch. 24, K. S, 188. When petitions are presented to annex the whole and ALSO A PART OF A CITT, ETC.] § 3. If petitions are presented to the county judge, as described in this act, for the annexation of the whole and also for the annexation of a part or parts of a city, village or incorporated town to a city, village or incorporated town, the said county judge shall submit such question as petitioned for by each petition, and if at such election the result of the votes shall be against annexation of the whole, but shall be in favor of annexation of a part or parts, and such parts combined as one territory are contiguous to such city, village or incorporated town, or if any such part be con- tiguous to such city, village or incorporated town, then such con- tiguous territory shall be annexed the same as though no proposition had been submitted to annex the whole thereof. [§ 213, ch. 24, E. S. 189. Proceedings on annexation — payment of debts — division OF PROPERTY, ETC.] § 4. The city, village or incorporated town to which the whole of another city, village or incorporated town is an- nexed under the provisions of this act shall assume and pay any and —5 66 all debts, liabilities, bonds or obligations and interests thereon of the city, incorporated town or village so annexed, and shall become vested with title and ownership of all property belonging to said city, village or incorporated town so annexed, to be held for the same pur- poses and for the same uses, subject to the same conditions as there- tofore, and if the public schools of such enlarged city, village or incorporated town are all in charge and under the control of one board of education, the said enlarged city, village or incorporated town shall assume and pay the indebtedness of each school district oi township lying wholly therein, and shall become vested with the title and ownership of all property belonging to any school district or township lying wholly therein, to be held for the same purposes and to the same uses and subject to the same conditions as theretofore. If the bonds of said city, village or incorporated town so annexed, or of any school district or township lying wholly therein, have been registered in the office of the State Auditor of Public Accounts, in accordance with the statute, the county clerk shall certify the fact of such annexation forthwith to said State Auditor, and said State Auditor shall not thereafter certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any such rate for the payment of such bonds or interest thereon upon the taxable prop- erty of such city, town or village so annexed, or school district or township. All deljts, bonds and obligations of the united municipal- ity to be paid by the enlarged city, village or incorporated town. And if there be a portion of a school district or township lying with- in and a portion lying without such annexed territory, the debts of such school district or township shall be paid and the property divi- ded in the same manner as is provided for paying debts and dividing property in section eight (8) of this act, where parts of cities, villages or incorporated towns are annexed to other cities, villages or incor- porated towns. [§ 214, ch. 24, R. S. 190. When the whole of a oity, etc., annexed — annual ap- propriation ORDINANCE — TAX LEVY.] § 5. When the whole of a city, village or incorporated town is annexed to another city, village or incorporated town under the provisions of this act, and the cor- porate authorities of such city, village or incorporated town so an- nexed shall have passed an ordinance termed the annual appropria- tion ordinance, but not an ordinance levying a tax for the purpose of collecting a sufficient sum of money to defray the total amount of appropriations for all corporate purposes for that fiscal year, then the corporate authorities of the city, village or incorporated town to which such territory is annexed shall have the right to include the amount of such appropriations in the annual tax levy of such city, village or incorporated town, the same as though such appropriations had been made by the city, village or incorporated town to which such other city, village or incorporated town is annexed. The said taxes may be used by the city, village or incorporated town to which annexation is had for the purposes for which such appropriation was made by the city, village or incorporated town so annexed. [§ 215, ch. 24, R. S, 67 191. Annexation not to interfere with the levy.] § 6. When the whole of an incorporated town, city or Tillage shall be an- nexed to another city, village or incorporated town it shall not arrest, stay or interfere with any proceedings for the collection or enforce- ment of any tax, special assessment or special tax, but the same shall proceed and be carried to a finality as though no such annexation had taken place, and the proceeds thereof shall be paid over to the treasurer of the city, village or incorporated town to which such other village, city or incorporated town is annexed, to be used for the purpose for which the tax was levied or the proceedings instituted. [§ 216, ch. 24, K. S. f & 192. Annexation — suits, how defended and peosecuted.J § 7. All suits pending in any court on behalf of or against any vil- lage, city or incorporated town, the whole of which is under the pro- visions of this act annexed to another city, village or incorporated town, may be prosecuted or defended in the name of the city, village or incorporated town so annexed, and all judgments, fines, decrees or recoveries obtained for or on behalf of any village, city or in- corporated town so annexed to another may be collected and enforced with like force and effect as though such annexation had not taken place in the name of the city, village or incorporated town so an- nexed. [§ 217, ch. 24, R. S. 193. Ween paet of city, etc. — division of public property ANNEXED— PAYMENT OF INDEBTEDNESS.] § 8. When a part of the territory of a city, village or incorporated town is taken therefrom and annexed to another city, village or incorporated town under the provisions of this act, then the proportionate share of any in- debtedness, contract or liability of such city, village or incorporated town from which such territory is taken shall be assumed and paid by such enlarged city, village or incorporated town, according to the taxable property in such disconnected territory as the same existed immediately before such annexation, and if the public schools of such enlarged city, village or incorporated town shall be in charge and control of one board of education, then the proportionate share of any indebtedness of any school district or township shall be as- sumed and paid by such enlarged city, village or incorporated town according to the taxable property in such part of such disconnected territory within such school district or township, as the same existed immediately before such annexation, and if the whole of a school dis- trict or township is annexed, then such municipality shall assume and pay all the indebtedness of such school district or township. The amount of the said indebtedness to be paid by said enlarged city, town or village shall be determined and agreed upon by the city council of the city or trustees of the village or incorporated town to which such territory is annexed, and the city council of the city or trustees of the village or incorporated town from which such territory is taken, or the school authorities of the school district or township of which such disconnected territory was a part, as the case may be, in such manner as they shall elect; if they can not agree, then the matter shall be determined by the circuit or county court of the county in which such municipal corporation may be to which annex- 68 tion is made, by petition of either municipal corporation or of any taxpayer of either municipality. The court shall hear and determine the matter in a summary manner, without pleadings, and shall pro- nounce judgment as the right and equity of the matter may demand. If the respective corporate authorities shall agree as to the amount to be paid by such enlarged city, town or village, then each shall pass an ordinance or a resolution reciting the amount thereof to be paid, a copy of which said ordinance or resolution shall be duly cer- tified by the clerk of the city, village or incorporated town to which such territory is annexed, and filed with the county clerk of the county wherein such enlarged city, town or village may lie, and by him certified to the State Auditor of Public Accounts, and which said ordinance or resolution shall be final and conclusive in all pro- ceedings as to the amount of indebtedness so to be paid. If a judg- ment or decree shall be entered by a circuit or county court as herein provided, then a certified copy thereof shall be made by the clerk of said court and filed with the clerk of each of the said municipal corporations and with the county clerk, and by the county clerk cer- tified to the State Auditor of Public Accounts and such judgment shall be final and conclusive in all proceedings as to the amount of indebtedness to be paid by each municipality. The State Auditor shall not thereafter certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any rate upon the tax- able property of said annexed territory for the payment of any of said bonds or interest thereon so issued by the city, incorporated town or village from which it is disconnected. Said enlarged city, town or village shall be vested with the title and ownership of all the public and school property in such annexed territory, and shall be charged therewith in the division of the public property of such dis- membered city, incorporated town or village, or school district or township, between said municipalities, or between said enlarged city, town or village and any dismembered school district or town- ship, as the case may be, and the territory not annexed shall be charged with all the public property within such territory, and all the public funds in the hands of the corporate authorities, such division to be agreed upon by the same authorities or settled by the court in the same manner and upon the same basis as above provided for in dividing the indebtedness of said dismembered municipality or school district or township. [§ 218, ch. 24, R. S. 1 94. Whkn tax levy made before annexation.] § 9. When a part of a city, village or incorporated town is annexed to another city, village or incorporated town, and before such annexation the munici- pal authorities of the city, village or incorporated town from which the territory is, detached had made an annual tax levy, then in such case there shall be paid over to the treasurer of the city, village or incorporated town to which such territory is annexed the pro rata share paid by such territory of said tax levy for said year, according to the taxable property therein, as the same existed immediately before such annexation, and charging such territory its proportionate share for the expired part of the fiscal year. [§ 219, ch. 24, R. S. 69 195. When proceedings instituted before annexation to IMPROVE STREETS, ETC.] § 10. When a part of a city, village or in- corporated town is annexed to another city, village or incorporated town under the provisions of this act and, prior to such annexation, proceedings had been instituted for the purpose of improving any streets within such detached portion by special assessment or special taxation, then in such case such proceedings may be carried to a fiaality, whether the whole improvement be within the detached portion or not. If the whole improvement is to be made within the detached portion then the amount collected by such pro- ceedings shall be paid over to the city, village or incorporated town to which such territory is annexed, to be used by such city, village or incorporated town for the purpose for which such proceed- ings were instituted. If only a part of such improvement is to be made within the detached territory, then the city, village or incorpo- rated town from which such territory is detached may proceed with the same as though such annexation had not taken place. [§ 220, ch. 24, R. S. 196. When proceedings instituted to take land for open- ing STREET OR ALLEY BEFORE ANNEXATION.] § 11. When a part of a city, village or incorporated town is annexed to another under the provisions of this act, then in that case any proceedings instituted for the purpose of taking land for the purpose of opening any street or alley, or other public way, within the territory so annexed, shall not be arrested or stayed, but the same may proceed to a finality, if the city, village or incorporated town to which such territory is an- nexed so elect, and all moneys received from any special assessment or tax levied or assessed for such purpose shall be paid over to the city, village or incorporated town to which such territory is annexed, to be used by it for the purposes for which the same was collected, such proceedings to be continued in the name of the city, village or town from which the territory is detached with like force and effect as though the said territory had not been detached therefrom. [§ 221, ch. 24, R. S. 197. Annexation — use of water works, gas or electric light SYSTEM.] § 12. If a part of a city, village or incorporated town be annexed to another village, city or incorporated town, then such part of the city, village or incorporated town shall have the same use and benefit of any water works, gas or electric light system owned by such city, village or incorporated town prior to such annexation, on the same terms, conditions and restrictions that it had before such annexation; and on the same terms, conditions and restrictions said territory not annexed may thereafter receive the use and benefit thereof; and if a portion of the territory of any city, village or in- corporated town be annexed to another city, village or incorporated town, then the portion of the city, village or incorporatad town not annexed shall have the same use and benefit of any water works, gas or electric light system owned by such city, village or incorporated town prior to such annexation on the same terms, conditions and re- strictions that it had before such annexation, and on the same terms. 70 conditions and restrictions said territory annexed may thereafter re- ceive the use and benefit thereof. Either part of such village, city or incorporated town receiving such benefit as aforesaid may have its said rights and benefits waived by the city council or board of trustees of the citj^ village or incorporated town to and from which said territory is annexed and detached, upon such just and equitable terms as they may agree, and if they cannot agree, then the matter shall be determined by the circuit or county court of the county within which such city, village or incorporated town to which terri- tory is annexed may lie, on petition of any person interested therein. Said court shall determine the matter aforesaid in a summary manner and without formal proceedings pronounce judgment as the right and equity of the case may require, and such judgment shall be final and conclusive. [§ 222, ch. 24, R. S. 198. Annexation — proceedings fok division of property.] § 13. When a part of a city, village or incorporated town shall be under the provisions of this act annexed to another city, village or incorporated town, then, in case the municipal authorities of the mu- nicipal corporation from which the territory is detached and of the municipal corporation to which it is attached can not by ordinance agree as to the division of the property or the settlement of their re- spective rights and all matters arising out of said annexation within 60 days thereafter, then the circuit or county court of the county within which either municipal corporation may be, shall hear and determine all matters so in dispute, and give judgment or decree, as the right of the matter may demand, on petition of either municipal corporation, and such judgment shall be final and conclusive. [§ 223, ch. 24, E. S. 199. Transfer of books, documents and papers.] § 14. All public books, papers and documents, when the whole of an incorpo- rated city, town or village is annexed under the provisions of this act, on file in any office or with any officer thereof, shall be transferred to and filed with the appropriate officer or department of the city, incorporated town or village to which such annexation is made, as the city council or board of trustees thereof, as the case may be, shall direct; and it shall be the duty of all persons having charge of such books, papers and documents, to deliver the same to and file the same with the appropriate officer or department as in this section provided. [§ 224, ch. 24, R. S. 200. Upon annexation provision as to continuation of offi- cers.] § 15. When a part of a city, village or incorporated town shall be annexed to another city, village or incorporated town, and any mayor, president, alderman or trustee, clerk, treasurer or attorney for such municipality from which the territory is detached shall reside in the territory so detached, then he shall continue in office as an officer of such municipal corporation until the next annual municipal election of such city, village or incorporated town, as the case may be. [§ 225, ch. 24, R. S. 201. Provision as to justices of the peace and their juris- diction ON ANNEXATION.] § 16. When the whole or any part of such city, village or incorporated town shall be annexed to another city, 71 village or incorporated town under the provisions of this act, then any justice of the peace or police magistrate, duly elected, qualified and acting at the time that annexation shall take effect shall continue to hold their offices for the terms for which they were respectively elected. All suits, actions, proceedings, complaints, prosecutions and special proceedings which shall be pending in the territory annexed before any justice of the peace shall be heard and determined as though annexation had not taken place, and the said justices of the peace shall continue to exercise, within said territory, the functions of their respective offices until the term thereof shall respectively ex- pire or otherwise sooner be determined, in the same manner as though annexation had not taken place, and the powers and jurisdiction of said justices within said territory and their fees and emoluments and methods of procedure shall be as though annexation had not taken place. But nothing in this section contained shall authorize any service of process issued by a justice of the peace or police magistrate of the city, village or incorporated town, or give any such justice of the peace jurisdiction outside of the territory to which his jurisdic- tion was limited before such annexation, or interfere with the juris- diction of any justice of the peace or police magistrate of the city to which it is annexed over the territory annexed. At the expiration of the term of such justices of the peace or police magistrates all dock- ets and books, papers and files of their respective offices shall be filed and deposited with any justice of the peace of the city, village or in- corporated town to which said territory is annexed, that the circuit court of the county shall designate by order of the court. [§ 226, ch. 24, R. S. 202. Transfer of firemen and policemen.] § 17. All police- men and firemen lawfully in the employ of any city, village or incor- porated town, the whole of which may be annexed to another, as provided in this act, shall be transferred to and become a part of the police and fire department force of such city, village or incorporated town. [§ 227, ch. 24, R. S. 203. Annexation — license to keep dramshop — submission of question.] § 18. When a part or the whole of an incorporated town, village or city is annexed, under the provisions of this act, to another city, village or incorporated town, and prior to such annexation an ordinance was in force prohibiting the issuing of licenses to keep dramshops within said territory so annexed, or any part thereof, or providing that such licenses shall not be issusd except upon petition of a majority of the voters residing within a certain distance of such proposed dramshops, then such ordinance shall continue in full force and effect, notwithstanding such annexation: Provided, the city council or board or trustees, as the case may be, may, on petition of one-fourth of the voters of the territory over which said ordinance extends, submit at an annual municipal election, but not oftener than every other municipal election, the question to the voters of such territory whether or not an ordinance shall be passed authoriz- ing the issuing of dramshop licenses for such territory: And, pro- vided further, that upon petition in such case of one-fourth of the voters within any part of said annexed territory not less than one- 72 half square mile in extent, asking that any such ordinance shall be continued in force in said portion of said annexed territory, said question of issuing dramshop licenses shall be submitted separately to the voters of said portion of said annexed territory, and if a majority of the voters voting on such question vote against dram- shops, then said ordinance shall continue in force in said portion of said territory, otherwise not. The ballots cast at such election shall be written or printed, or partly written and partly printed, "For dramshops" or "Against dramshops," respectively, and shall be re- ceived, canvassed and returned the same as ballots cast at said elec- tion for municipal officers, and if it shall appear that a majority of the voters so voting upon the question vote "For dramshops," then licenses may be issued for said territory on the same terms and con- ditions as licenses are granted by ordinance within other parts of the municipality. It is intended by this section to continue in full force and effect all ordinances of any municipality, the whole or part of which is annexed to another city, incorporated town or village, whereby the licensing of dramshops is prohibited or regulated within said city, village or incorporated town, or any part thereof, without the voters of the territory so affected consent, as hereby provided, to the repeal of such ordinance by the city, village or incorporated town to which the territory is annexed. [§ 228, ch. 24, R. S. 204. What constitutes a ward — election op aldermen.] § 19. Whenever the whole or a part of any city, village or incor- porated town is annexed to a city having 30,000 inhabitants or more and such annexed territory is three or more square miles in extent, or contains 15,000 inhabitants and not more than 25,000 inhabitants, then such annexed territory shall constitute a ward of the city to which it is annexed, and the city council of such city shall authorize the legal voters of such annexed territory to elect two aldermen from such ward in such annexed territory, which said aldermen from such annexed territory shall be additional aldermen to the number there- tofore required in such city, and shall possess all the qualifications of and be elected at the time and in the manner provided by law: Provided, that if said annexed territory shall contain more than 25,- 000 inhabitants, then the city council shall authorize the legal voters of such annexed territory to elect two aldermen for every 25,000 in- habitants thereof, and two additional aldermen for a fraction of 15,- 000 inhabitants or more, the number of inhabitants to be determined by the last preceding National, State or school census of such an- nexed territory and if any such annexed territory has less than 15,000 inhabitants, and is less than three square miles in extent, then the city council shall annex it to any ward or wards which it adjoins: Provided further, that nothing herein shall prevent the city council from re-districting such city according to law. [§ 229, ch. 24, R. S. 205. Sewers may be built by special assessments.] § 20. When the whole of a city, village' or incorporated town, or part of the same, is annexed to another city, village or incorporated town under the provisions of this act, and within such territory so annexed sewers were before such annexation laid or built by special assess- ment, then in such cases the city, village or incorporated town to 73 which such territory is annexed may continue to lay or build seweri or establish a drainage system by drainage districts within such an nexed territory by special assessment or special taxation, if it shal so elect. [§ 230, ch. 24, R. S. 206. Jurisdiction of county board to annex part of city t( TOWN, ETC.] § 21. Whenever any territory, being a part of a city village or incorporated town, has been annexed to an adjoining town which is wholly within the limits of a city, village or incorporate( town under the provisions of an act entitled, "An act to amend sec tions 2, 4, 6, 7, 10, 1 1 and 12 of article 3 of an act entitled, 'An act t( revise the law in relation to township organization, approved and ii force March 4, 1874,' approved June 15, 1887, in force July 1, 1887,' then and in such cases such territory which has been so annexed ma; be annexed to and become a part of the city, village or incorporatec town within which such town lies to which such territory has been an nexed in the manner following, viz.: A petition may be presentee to the county board of the county within which such city may lie signed by a majority of the legal voters of the territory so annexec to such town, and thereupon, if said county board shall find tha such petition is signed by a majority of the legal voters of said ter ritory, the county board shall thereupon, by resolution, annex sucl territory to said city, village or incorpated town. And upon sucl declaration by the county board the limits of said city, village or in corporated town shall thereupon be extended to include the territory annexed to said town: Provided, this section shall not be held t( prohibit the annexation of such territory in any other manner as pro vided in this act. [§ 231, ch. 24, R. S. 207. Repeal.] § 22. All acts and parts of acts in conflict here with are hereby repealed. [§ 232, ch. 24, R. S. 208. Emergency. § 23. Whereas an emergency exists, there fore this act shall be in force and take effect from and after its pas sage. [§ 233, ch. 24, R. S. CHANGING NAME. AN ACT to enable any city, town or village in this State to change its name. [Approve March 7, 1872. In force July 1, 1872.J 209. Petition.] § 1. Be it enacted hy the People of the Stat of Illinois represented in the General Assembly, That whenever i petition, signed by the qualified electors of any city, incorporatec town or incorporated village of this State, equal in number to one half of those who voted for the officers therein at the last election shall be presented to the corporate authorities of such city, town o village, praying that the name of such city, town or village may b changed, it shall be lawful for such corporate authorities to mak such change in the manner hereinafter prescribed. [§ 234, ch. 24 R.S. 210. Proceedings.] § 2. Previous to the presentation of th petition in the preceding section mentioned, the name proposed to b given to such city, town or village shall be filed in the office of th Secretary of State, to be there retained for the period of at least & 74 days, and upon application, the Secretary of State shall, at any time after the filing of such name, grant a certificate, stating that such name has not been given to any other city, incorporated town or in- corporated village, or municipality in this State, if such be the fact; but if such name has been adopted by any other city, town, village or municipality, as appears from information in his office, the Secre- tary of State shall so notify the party or parties making such appli- cation, in which case another name shall be filed in his office, which name shall likewise remain for the like period of 60 days; and no pe- tition shall be acted upon by said corporate authorities unless ac- companied by the certificate of the Secretary of State, setting forth that such name has not been adopted elsewhere in this State. [§ 235, ch. 24, R. S. 211. Duties of secretary of state. J § 3. The Secretary of State shall, as soon as practicable after the passage of this act, com- municate with the clerks of the several counties of this State, and ascertain the names of all the cities, towns, villages or other municipal corporations therein, and arrange such names in alphabetical order for convenient reference. Such lists of names shall be kept filed in his office, and shall be changed whenever a change of name shall be effected under the provisions of this act. [§ 236, ch. 24, R. S. 212. Time of hearing to be fixed — notice.] § 4. At any meeting of the corporate authorities of any city, incorporated town or incorporated village, after the presentation of the petition herein provided, such corporate authorities shall fix the time when such petition shall be considered, and order notice of the presentation thereof to be given, by publishing such notice for three successive weeks in some newspaper having a general circulation in such city, town or village. Such notice shall state that a change of the name of such city, town or village has been prayed for, and the time when action on said petition will be had, at which time remonstrances, if any, will be heard. [§ 237, ch. 24, R. S. 213. Hearing petition and remonstrances.] § 5. At the time fixed in the notice provided for in the preceding section, or if, from any cause, action thereon is not taken, such petition praying for a change of name shall be, with all remonstrances, heard at any subsequent meeting of the corporate authorities of any such city, town or village; and if said corporate authorities are satisfied that such change of name is necessary and proper, they shall thereupon make an order changing the name of such city, town or village, and adopting the name prayed for in such petition. [ 238, ch. 24, R. S. 214. Order FILED with SECRETARY of state— notice.] §6. If said change of name is made, said corporate autorities shall cause a copy of the order making such change to be filed in the office of the Secretary of State, who shall thereupon make known the fact of such change, by publication in some newspaper of the county in which sucb city, town or village is situated, and also in some newspaper in the city of Chicago; and all the courts of this State shall take judi- cial notice of the change thus made. [§ 239, ch. 24, R. S. 75 215. Rights SAVED.] §7. Nothing in this act contained shall effect the rights or privileges of such city, town or village, or those of any person, as the same existed before such change of name. And all proceedings pending in any court or place in favor of or against said city, town or village, may be continued to final consummation under the name in which the same was commenced. 18 240, ch. 24, K. S. 2 1 6. When ohakge void.] § 8. If the name of any such city, town or village shall be changed contrary to or without complying with the provisions of this act, such change shall be void; and all proceedings instituted or acts done in such name as changed, shall be void and held for naught in the courts of this State. !§ 241, ch. 24, R. S. 217. Nameofuninooepokatedtown, etc.J §9. When the plat of any unincorporated town or village shall be placed upon record in any county of this State, the circuit court of said county shall have power, at any regular term of said court, to change the name of such unincorporated town or village, upon the petition of a ma- jority of the legal voters residing within the limits of such town or village: Provided, notice of the proposed change of name shall be filed in the office of the Secretary of State, as provided in section two of this act. [§ 242, ch. 24, R. S. TEANSFER OP SITE, AN ACT to authorize cities, villages, towns and the inhabitants of any limited territory holdins any lands as a common. cities, villages and towns who are endangered by the wash- ing away of the banks of any river, to transfer their site, and preserve the rights, powers and names of such cities, towns, villages or inhabitants. (Approved June 21, 1896. In force July 1. 1895. L. 1895, p. 98,] 2 1 8. May teansfee site and peeseeve eights.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That whenever any city, village or town incor- porated under any general or special law of this State shall, by rea- son of the washing away of the banks of any river, be in danger of losing all, or the greater portion of the lands or territory embraced within its corporate limits; or whenever the inhabitants of any limited territory within this State, who, as such inhabitants of such territory, have any lands within this State held as a common by vir- tue of any grant by any person, body politic or corporate, or govern- ment having power to make such grant, shall, by reason of the wash- ing away of the banks of any river as aforesaid, be in danger of losing all or the greater portion of the territory to the inhabitants of which such grant is made; such cities, villages, towns or the inhabitants of such territory holding under such grant shall have the right to ac- quire by gift or purchase suitable real estate to which the site of such city, village or town, or of the residence of the inhabitants of the territory holding under such grant, may be removed: Provided, said real estate shall be within three miles of the former nearest limit of said city, village, town or territory, and shall not be more than shall be reasonably necessary for the purposes of a new site. [§ 486, ch. 24, R. S, 76 219. How PROPERTY MAY BE ACQUiKED.] §2. That when such city, village, town or territory is endangered as mentioned in section 1 of this act, on petition in writing, describing the property sought to be acquired, and signed by not less than three-fourths of the legal voters of said city, village, town or territory, and by not less than one-half in value of the remaining territory within the limits of such city, village, town or territory, the city council or board of trustees of such city, village or town, or the trustees of such lands held as a common may, by ordinance, acquire the property described in the petition, and the same whether actually adjoining the former site or territory or not, shall, upon filing a copy of such ordinance and an accurate map of the property, duly certified by the mayor of the city, president of the board of trustees of the village or town, or trustees of such common, in the office of the recorder of deeds in the county where the acquired real estate is situated, become and be a part of such city, village, town or territory, and the inhabitants of such real estate so acquired, shall be entitled to all the corporate rights, powers, annuities, commons, benefits and franchises, which the inhabitants of such city, village, town or territory originally possessed, or to which they were entitled. [§ 487, ch. 24, R. S. 220. When title of acquired land vests.] § 3. Upon the presentation of the petition and the passage of the ordinance men- tioned in section 2 of this act, such city, village, town or the inhab- itants of such territory, shall have full power to acquire the title to the real estate in such petition and ordinance described, either by gift or by purchase, and a deed of conveyance to the city, village or town, by its corporate name, or to the trustees of the common, shall vest the title of said land for the purposes of this act. [§ 488, ch. 24, R. S. PLATS. AN ACT to revise the law in relation to plata. [Approved March 21, 1874. In force July 1, 1874. 1 221. Laying out towns, eto.J Section 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: Whenever the owner of lands shall wish to subdivide the same into two or more parts for the purpose of laying out a town, or making any addition to any city, village or town, or of re-subdividing any lots or blocks therein, he shall cause the same to be surveyed and a plat thereof to be made by the county surveyor or some other competent surveyor, which plat shall particularly describe and set forth all the streets, alleys, common or public grounds, and all the in and out lots or fractional lots or blocks within, adjoining or adjacent to the land so divided, giving the names, widths, courses and extent of all such streets and alleys, and numbering all lots and blocks by progressive numbers, giving their precise length and width. Reference shall also be made upon the plat to some known and permanent monument from which future surveys may be made, or, if no such monument shall exist within convenient distance, the surveyor shall, at the time of making his survey, plant, and fix in such manner that that the same shall not be moved by frost, at the 77 corner of some public ground, or, if there be none, then at the corner of some lot or block most convenient for reference, a good and suffi- cient stone, to be furnished by the person for whom the survey is made, and designate upon the plat the point where the same may be found. [§ 1, ch. 109, K. S. 222. Certificate of surveyoe — acknowledgment — record.] § 2. The plat having been completed, shall be certified by the sur- veyor and acknowledged by the owner of the land, or his attorney duly authorized, in the same manner as deeds of land are required to be acknowledged. The certificate of the surveyor and of acknowl- edgment, together with the plat, shall be recorded in the recorder's office of the county in which the land is situated, and such acknowl- edgment and record shall have like effect and certified copies thereof and of such plat or of any plat heretofore acknowledged and certified according to law, may be used in evidence to the same extent and with like effect, as in case of deeds. [§ 2, ch. 109, R. S. 223. Dedication — effect of. J §3. The acknowledgment and recording of such plat shall be held in law and in equity to be a con- veyance in fee simple of such portions of the premises platted as are marked or noted on such plat as donated or granted to the public, or any person, religious society, corporation or body politic, and as a general warranty against the donor, his heirs and representatives to such donee or grantee for their use or for the use and purposes therein named or intended, and for no other use or purpose. And the premises intended for any street,^alley, way, common or other public use in any city, village or town, or addition thereto, shall be held in the corporate name thereof in trust to and for the uses and purposes set forth or intended. [§ 3, ch. 109, E. S. 224. Neglect to plant corner stone, etc.] § 4. Whoever shall lay out any town or make any addition to any city, village or town, or re-subdivide any lots or blocks therein, and neglect to plant any corner stone when required by this act, or shall survey the same or cause it to be surveyed in any other manner than that which is prescribed in this act, shall be fined in any sum not less than $25 Qor exceeding $100. [§ 4, ch. 109, R. S. 225. Penalty for selling without plat recorded, etc.] § 5. Whoever shall sell or offer for sale, or lease for any time ex- ceeding five years, any lot or block in any town, city or village, or any addition thereto, or any re-subdivision of any lot or block there- in, before all the requisitions of this act have been complied with, shall be fined $25 for each lot or block or part thereof so disposed of, offered for sale or leased. [§ 5, ch. 109, R. S. vacation of plats. 226. Of the whole plat.] § 6. Any such plat may be va- cated by the owner of the premises at any time before the sale of any lot therein, by a written instrument declaring the same to be vacated. 78 executed, acknowledged or proved, and recorded in like manner as deeds of land, which declaration being duly recorded, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat. When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing. [§ 6, ch. 109, R. S. 227. Of pakt op plat.] § 7. Any part of a plat may be va- cated in the manner provided in the preceding section, and subject to the conditions therein prescribed: Provided, such vacation shall not abridge or destroy any of the rights or privileges of other pro- prietors in such plat: And, provided, further, that nothing con- tained in this section shall authorize the closing or obstructing of any public highway laid out according to law. [§ 7, ch. 109, R. S. 228. Canceling plat of record.] § 8. When any plat or part thereof is vacated, the recorder in whose office the plat is recorded shall, upon the recording of such vacation, write in plain letters across the plat or part so vacated the word "vacated," and shall also make a reference on the same to the volume and page in which the instrument of vacation is recorded. [§ 8, ch. 109, R. S. plats to be recorded, etc. 229. Plats of highways, etc., to be made and recorded.] § 9. Whenever any highway, road, street, alley, public ground, toll- road, railroad or canal is laid out, located, opened, widened or ex- tended, or the location thereof altered, it shall be the duty of the commissioners, authorities, officers, persons or corporations, public or private, laying out, locating, opening, widening, extending or al- tering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such reference to known and estab- lished corners or monuments that the location thereof may be ascer- tained, to be made, and recorded in the office of the recorder of the county in which the premises taken or used for the same, or any part thereof, are situated, within six months after such highway, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered; and when any highway, road, street, alley, public ground, toll-road, railroad or canal is vacated, the order, ordinance or other declaration vacating the same shall be in like manner recorded. This act shall not be construed to alter or affect any law specifically providing for the recording of any such plat, or to require the same to be recorded sooner than is so specifically provided ; except that any requirements to record such plat in any other place than is provided herein shall not excuse the parties from complying with this act. Whoever shall refuse or neglect to comply with this section shall forfeit $25, and the like sum for every month he shall continue in such refusal or neglect after conviction therefor, to be recovered before any justice of the peace of the county, in the name of the county, one-half to the use of the county and the other half to the use of the person com- plaining. [§ 9, ch. 109, R. S. 79 231. Peoseouting OFFENDERS.] § 10. Whenever it shall come to the knowledge of the recorder of deeds of any county that any of the provisions of this act have been violated, it shall be his duty to notify the State's attorney of the fact, and the State's attorney shall immediately institute suit, and prosecute the same to final judgment against the person ofPending. [§ ]0, ch. 109, R. S. DEFINING JURISDICTION OF CERTAIN MUNICIPALITIES. AN ACT to define the jurisdiction of the cities and incorporated towns bordering on the Ohio river. [Approved March 26, 1872. In force July 1. 1872. L. 1871-2, p. 578.] 232. Over OHIO EiVEE.l % I. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, that each of the several cities and incorporated towns of this State, lying on the Ohio river, and bounded thereby, are hereby invested with jurisdic- tion over their river fronts, and shall have jurisdiction over the waters of said river, in all cases occurring on said river, and opposite to each of said cities or incorporated towns, co-extensive with the jurisdic- tion of the several counties in this State in which said cities or in- corporated towns may lie: Provided, nothing herein contained shall be construed so as to extend the jurisdiction of said cities or incor- porated towns over any islands in said river included within the cor- porated limits of any county in the State of Kentucky. [§ 243, ch. 24, R, S. EXTENDING JURISDICTION OF CERTAIN MUNICIPALITIES. AN ACT to extend the jurisdiction of towns and cities on any river within or on the borders of this State, for the purpose of police regulations. [Approved and in force Feb. 16,1865. L. 1865, p. 111. 233. To ENFORCE ORDINANCES ON BOATS, ETC.] § 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, that cities and towns on any river within or on the bord- ers of this State, shall have the right to extend and enforce their or- dinances so as to include any boat or other floating structure, which shall be kept within two miles of the city or town limits, as a place for drinking spirituous liquors, or for gaming, or for the purpose of prostitution: Provided, no authority shall be given by this law, beyond what the law now authorizes, to interfere with any steamer or other boat, the usual business of which is the carrying of freight or passengers, [§ 244, ch. 24, R. S. JURISDICTION IN CONTIGUOUS COUNTIES. AN ACT to define the jurisdiction of cities and incorporated towns and villages lying in different counties. [Approved June 18, 1891. In force July 1, 1891. Laws 1891. p. 79.) 234. Extending into different counties.] § 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, that cities and incorporated towns and villages which are now or which may hereafter be incorporated or extended into differ- ent counties, shall have the right to extend and enforce their ordi- nances over the entire territory embraced within the limits of such cities, incorporated towns or villages for all municipal purposes. [§ 244a, ch. 24, R, S. 80 235. Suit, WHERE BROUGHT.] § 2. That whenever any provision is made by the statutes of this State that any suit or proceeding af- fecting lands or the assessment or collection of taxes shall be com- menced by any city, incorporated town or village in any court of the county wherein such city, incorporated town or village in any court of the county wherein such city, incorporated town or village is situ- ate, it shall be held and construed to mean in the county wherein the lands to be affected or upon which the taxes are assessed or to be as- sessed and collected are situate. [§ 244b, ch. 24, R. S. Municipal Ofpioeks— Various Acts Concerning Powers, Duties, Salaries, Etc. [Paragraphs 236 to 348.] election of president of village. AN ACT concernine villages and incorporated towns. [Approved June 9, 1867. In force July 1, 1887. L. 1887, p. 116.) 236. Election of president — powers of.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in addition to the trustees and oflScers required by law, a president of each and every village and incorporated town shall hereafter be elected annually by the voters of such village or town, at the regular election of such village or town, commencing with the election of such village or town held in the year A. D, 1888, and such president of any village or incorporated town shall hold his office for the term of one year and until his successor is elected and qualified. The president of any village or incorporated town shall be president of the board of trustees thereof, and shall preside at all meetings of said board and shall have the same powers and perform the same duties as are or may be given by law to the president of boards of trustees of villages, but he shall not vote except in case of a tie, when he shall give the casting vote. [§ 193h, ch. 24, R. S, 237. Repeal.] § 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. [§ 193i, ch. 24, R, S. ELECTION OF ALDERMEN BY MINORITY PLAN. AN ACT in relation to the election of aldermen in cities, under the minority representation plan. (Approved and in force March 29, 1897. L. 1897, p. 95. J 238. Aldermen — minority plan — council may classify, ] § 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities having adopted, or that may hereafter adopt, the minority representation plan for the elec- tion of aldermen, it shall be lawful for the city council to provide by ordinance that at any ensuing general city election, the aldermen in every alternate district or ward shall be elected for one year, and at the general city election in the following year, and every two years thereafter, aldermen in such alternate districts or wards shall be elected for two years; and that at such first election and every two years thereafter aldermen in the other districts or wards shall be elected for two years, [§ 492, ch, 24, R, S. 81 239. Emergenoy.] § 2. Whereas, an emergency exists that this act shall take effect without delay, therefore this act shall take effect and be in force from and after its passage. [§ 493, ch. 24, E. S. *SALAEIES OF CITY OFFICERS. AN ACT to enable the corporate authorities of cities to establish and fix the salaries of city officers. (Approved and in force April 23, 1873.] 24-0. When to be fixed — not changed during term.] § 1. Be it enacted by the People of the State of Illinoih', represented in the General Assembly: It shall and may be lawful for the common council or legislative authority of any city in this State to establish and fix the amount of salary to be paid any and all city officers, as the case may be, except members of such legislative body, in the an- nual appropriation bill or ordinance made for the purpose of provid- ing for the annual expenses of any such city, or by some ordinance prior to the passage of such annual appropriation bill or ordinance; and the salaries or compensation thus fixed or established, shall neither be increased nor diminished by the said common council or or legislative authority of any such city, after the passage of said an- nual appropriation bill or ordinance, during the year for which such appropriation is made, and no extra compensation shall ever be al- lowed to any such officer or employ^ over and above that provided in manner aforesaid. [§ 271, ch. 24, R. S. 241. Emergency.] §2. Whereas, The corporate authorities of certain cities in this State have no power to establish or fix the sal- aries of their city officers in certain cases, whereby an emergenoy exists requiring this act to take immediate effect, therefore, this act shall take effect and be in force from and after its passage. [§ 272, ch. 24, R. S. COMPENSATION TO OFFICERS OF TOWNS, ETC. AN ACT to limit the compensation of officers, agents or employes of incorporated towns or villages. [Approved June 26, 1885. in force July 1, 18S5. L. 1886, p. 68.] 242. Unlawful to take greater sum than the percentage, ETC.] § 1. Be it enacted by the People of the State of Illinois, rep- resented in the General Assembly: That, whenever any officer, agent or employ^ of any incorporated town or village, hereafter to be elected or appointed, is paid by a commission or percentage on the moneys collected, handled or paid over by him. it shall be unlawful for said officer, agent or employ^ to receive or retain for his compen- sation for collecting, handling or paying over such moneys, any greater sum than that produced by such percentage or commission, and in no case shall such compensation exceed the sum of five thous- and dollars ($5,000) per annum. [§ 372, ch. 24, R. S. * For "Compensation of aldermen and trustees" see paragraph 93, applicable to all cities, villages and incorporated towns of the State. 82 KBSTRIOTING MUNICIPAL OFFICERS. AN ACT to prevent fraudulent and corrupt practices in the makiner or accepting of official appointments and contracts by public officers. [Approved April 9, 1872. In force July 1, 1872. L. 1871-2, p. 612.] 243. Aldermen of cities — trustees of villages.] § 2. That it shall be and is hereby declared unlawful for any alderman of any city, or member of the board of trustees of any village of this State, during the term of office for which he is elected, to accept or be ap- pointed to or hold any office, by the appointment of the mayor or president of the board of trustees thereof; and any and all such elec- tion or appointment shall be absolutely null and void. [§ 2, ch. 102, K. S. 244. Not to be interested in contracts — not to act as at- torney to procure — bribery.] § 3. It shall not be lawful for any person, now or hereafter holding any office, either by election or ap- pointment, under the constitution of this State, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the making or letting of which such officer may be called upon to act or vote. And it shall not be lawful for any such officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which such officer may be called upon to vote. Nor shall any such officer take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or a means of influencing his vote or action in his official character; and any and all contracts made and procured in violation hereof, shall be null and void. [§ 3, ch. 102, R. S. 245. Penalty.] § 4. Any alderman, member of a board of trust- ees, supervisor or county commissioner, or person now or hereafter holding any office, either by election or appointment under the con- stitution of this State, or any law now or hereafter in force in this State, who shall violate any of the provisions of the preceding sec- tions, shall be deemed guilty of a misdemeanor, and on conviction thereof may be punished by confinement in the penitentiary for a term not less than one year nor more than five years or fined in a sum not less than $200 nor more than $1,000, or both, in the discretion of the court before which such conviction shall be had; and in addition thereto, any office or official position held by any person or persons so convicted shall, by the fact of such conviction, become vacant, and shall be so declared as part of the judgment of court; and the person or persons so convicted shall be disqualified from holding any office or position of trust and confidence in this State for the period of two years from and after the date of such conviction. [§ 4, ch. 102, R. S. 83 VETO OF OKDINANCES. AN ACT concerning the appointment and removal of elty officers in all cities in this State, conferring additional powers and duties upon mayors, and concerning appropriation bills or ordinances that may be passed in such cities. [Approved and in force April 10. 1876. Laws 1875. p. 11.] 246. Power op mayor and council — repeal.] § 1. Be it en- acted by the People of the State of Illinois represented in the Gen- eral Assembly: [§ 273, ch. 24, R. S. 247. Approval and veto of ordinances,] § 2. All ordi- nances passed by the city council shall, before they take effect, be deposited in the office of the city clerk, and if the mayor approves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objections thereto, in writing, at the next regular meeting of the council occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance, and in case the veto only extends to a part of such ordinance, the residue thereof shall take effect and be in force; but in case the mayor shall fail to return any ordinance with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordinance, and the same shall take effect accordingly. [§ 274, ch. 24, R. S. 248. Passage over mayor's veto.] § 3. Upon the return of any ordinance by the mayor, the vote by which the same was passed shall be reconsidered by the council; and if, after such reconsidera- tion, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, it shall go into effect, not- withstanding the mayor may refuse to approve thereof. The vote to pass the same over the mayor's veto shall be taken by yeas and nays, and entered on the journal, [§ 275, ch. 24, R. S. 249. Emergency.] § 4. Whereas, the legislative authorities in many cities pass their appropriation bills before the first day of July next, and mayors have no power to veto a part of such appropriation or ordinance, wherefore an emergency exists; therefore, this act shall take effect, and be in force from and after its passage. [§ 276, ch. 24, R. S. license op transient venders. AN act to extend the powers of the city council in cities, and the president and board of trustees in villages and incorporated towns- Approved June 16, 1887. In force July 1, 1887. Laws 1887. p. 117. 250. Power to license, tax, etc., itinerant merchants, etc.] % 1. Be it enacted by the people of the State of Illinois repre- sented in the General Assembly : That the city council in cities, and the president and board of trustees in villages and incorporated towns, shall have power to license, tax, regulate, suppress or prohibit itinerant merchants and transient venders of merchandise. [§ 62a, ch. 24, R. S. 84 POLICE MAGISTEATES. AN ACT to authorize the election of police maelstrates In towns, cities and villages where the same are not now provided for by law. [Approved and in force April 13, 1875, p, 91.] 251. Election and term of office— jurisdiction.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That all towns, cities and villages in the State which have been incorporated under charters granted by special acts, or under a general act, when the law under which they are incorpo- rated does not authorize the election of a police magistrate, be and they are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this act, and quadrennially thereafter. Such police magistrate shall hold their offices for the same term, be commissioned and qualified, and have the same jurisdiction and fees, as police magistrates of villages have under the general law for the incorpora- tion of cities and villages. [§ 249, ch. 24, R. S. 252. Emergency.] § 2. As the first annual election of town, city and village officers in many of the towns, cities and villages in this State by this act authorized to elect a police magistrate, will occur before the first day of July next after the adjournment of this Gen- eral Assembly; therefore an emergency exists requiring this act to take effect immediately, therefore this act shall take effect and be in force from and after its passage. Provided, that the election for police magistrates in cities that have one or more police magistrates, elected under a former organization as a town or city, shall not be held until the term for which said police magistrate or magistrates were elected has expired, [§ 250, ch. 24, R. S. POLICE MAGISTRATES. AN ACT deflnine the county in which police maelstrates, elected in cities and villaees lying in two or more counties shall hold office, and where such police magistrate shall exercise jurisdiction. [Approved May U, 1901. In force July 1, 1901. L. 1901, p. 99.] 253. § 1 . City or village lying in two counties — where police magistrate shall hold office — jurisdiction in township.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That police magistrates in cities and villages lying in two or more counties, shall hold their office in the county in which the seat of the municipal government of such city or village is situated, irrespective of the portion of such city or village where such police magistrate may reside, and such police magistrate shall have the same authority and jurisdiction as justices of the peace of the township, or precinct, in the county in which the seat of such municipal government of such city or village is situated. fS 250a, ch. 24, R. S. 254. Jurisdiction IN MUNICIPAL LIMITS. ] § 2. Such police mag- istrate shall also have jurisdiction over all cases growing out of such municipal government arising within the municipal limits of such village or city that are now within the jurisdiction of justices of the peace. [§ 250b. ch, 24, R, S. 85 POLICE MAGISTRATES-JUDGMENTS OF CERTAIN LEGALIZED. AN ACT to legalize the acta of police magistrates in counties of the first and second class (Approved and in force April 24, 1S99. L. 1899. p. 100. 1 Whereas, By section 29, article 6, of the constitution of Illinois, 1870, it is provided that all judicial officers shall be commissioned by Governor; and Whereas, By a misunderstanding and misconception of the law certain police magistrates have filed their bonds with the city clerk of their city, and the mayor of said city has issued to them a com- mission; Whereas, The said police magistrates have entered upon the duties usually pertaining to such office and did from thenceforth continue in supposed legal possession of such office, transacting such business as came before them; and Whereas, There came before the said police magistrates so acting, many proceedings whereby many titles to real estate and other valu- able property rights and other rights were acquired and divested; therefore. 255. Election and qualification and acts of certain police MAGISTRATES LEGALIZED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all judgments, acts, and things done by said supposed police magis- trates which would have been legal if done or performed by legally elected, qualified and commissioned police magistrates, and which have not been set aside, modified or vacated, are hereby legalized and validated as fully and perfectly, and to all intents and purposes, as if said police magistrates had regularly filed their bonds and been duly commissioned by the Governor. And that the election and qualification of such pulice magistrates are hereby legalized. [§ 250c, oh. 24, K. S. 256. Emergency.] § 2. Whereas, an emergency exists by rea- son of said police magistrates not having been duly qualified and commissioned, whereby many titles to real estate and other valuable property rights and other rights became and are unsettled, therefore this act shall take effect and be in force from and after its passage. [§ 250d, ch. 24, R. S. SPECIAL CONSTABLES AND SPECIAL POLICEMEN. AN ACT entitled, "An act to prevent non-residents from serving or actine as deputy sheriffs, special policemen or special constables." [Approved June 19, 1893, in force July 1,1893. L. 1893, p. 2.J 257. Non-resident not to be sheriff, special policeman, ETC.] § 1. Be it enacted by the People of the State of Illinois, rep- resented in the General Assembly: That it shall be unlawful for the sheriff of any county, or the corporate authorities of any city, town or village to authorize, empower, employ or permit any person to act as deputy sheriff, special constable or special policeman for the purpose of preserving the peace who is not a citizen of the United States and has not been an actual resident of the county where such person is authorized to act as deputy sheriff, special constable or special policeman one whole year before such authorization. [§ 444, ch. 24, R. S. 86 258. Penalty.] § 2. Any sheriff or public officer violating the provision of this act shall be deemed guilty of a misdemeanor, and shall on conviction, be punished by a fine of not less than $100 and not more than $500. [§ 445, ch. 24, R. S. APPOINTMENT OF POLICE MATRONS. AN ACT to provide for the appointment of police matrons in cities having 16,000 inhabi- tants or more. [Approved May 25. 1897, in force July 1, 1897. L. 1897, p. 99.) 259. Appointment of police matrons.] §1. Be it enacted hy the People of the State of Illinois, represented in the General As- sembly: That in all incorporated cities in this State, having a population of 16,000 inhabitants or more, it shall be the duty of the mayor of such city, subject to confirmation by the council of such city, to appoint for the term of one year, one or more police matrons, who shall have charge of all female prisoners in their respective cities, in the police station, city prison, workhouse, or calaboose of such city, and who shall perform such duties in that regard as shall be prescribed by the ordinances of such city: Provided, in cities of over 50,000 inhabitants they need not be confirmed by the council or board of trustees. [§ 490, ch. 24, R. S. 260. Salaries of police matrons,] § 2. The salaries to be paid to each of said matrons shall be fixed annually by the council or president and, as the case may be, out of the funds to be duly ap- propriated for that purpose. [§ 490a, ch. 24, R. S. police districts. AN ACT to define police districts, and the powers and duties of the police therein. [Ap. proved and in force May 13, 1887. L. 1887. p. 104.] 261. What SHALL BE A POLICE DISTRICT.] § 1, Be it enacted by the People of the State of Illinois, represented in the General As- sembly: That the territory which is embraced within the limits of adjoining cities, villages and incorporated towns, within any county in this State shall be a police district. [§ 251, ch. 24, R. S. 262. Police may go into any part of such district to sup- press RIOT, ETC. — duty OF MAYOR.] § 2. It shall be lawful for the police of any city, village or incorporated town in such district to go into any part of such district to suppress riot, to preserve the peace and protect the lives, rights, and property of citizens, and for such purposes it shall be the duty of the mayor of any city, the president or the president and board of trustees of any village or incorporated town in such district, and the chiefs of police therein, to use the police forces under their control anywhere in such district. [§ 252, ch. 24, R, S. 263. Emergency.] § 3. Whereas, an emergency exists, this act shall be in force from and after its passage. [§ 253, ch. 24, R. S. 87 FIRE INSPECTORS. AN ACT empowerine the Are insDeotor in cities of 500,000 and over, to investigate the cause, origrin and clroumstances of flres, and to examine persons under oath in reference to the origin of flros. [Approved June 9, 1897. In force July 1, 1897. L. 1897, p. 96.] 264. Fire inspector to investigate cause, etc., of fires in CHICAGO.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : The fire inspector of cities of 500,000 and over, shall investigate the cause, origin and circum- stances of every fire occurring in cities aforesaid, and shall especially make investigation whether such fire was the result of carelessness or design. Such investigation shall be begun within two days, not in- cluding the Lord's day, of the occurrence of such fire, and the fire inspector shall have the right to supervise and direct such investiga- tion whenever he deems it expedient or necessary. The said fire in- spector shall keep in his office a record of all fires occurring in cities aforesaid, together with all the facts, statistics and circumstances, including the origin of the fire and the value and ownership of the property destroyed which may be determined by the investigations provided for by this act, and such record shall at all times be open to public inspection. [§ 4:94, ch. 24, R. S. 265. Duties AND POWERS OF FIRE inspectors.] §2. It shall be the duty of said fire inspector to examine, or cause examination to be made, into the cause, circumstances and origin of all fires occurring in cities aforesaid, to which his attention has been called, by which property is accidentally or unlawfully burned, destroyed or damaged, and to especially examine and decide whether the result was caused by carelessness or act of an incendiary. The said fire inspector shall, when, in his opinion said proceedings are necessary, take, or cause to be taken, the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matters as to which an examination is herein required to be made, and shall cause the same to be reduced to writing; and if he shall be of the opinion that there is evidence sufficient to charge any person guilty of the crime of arson, he shall cause such person to be arrested charged with such ofEense, and shall furnish to the State's attorney all such evidence, together with the names of the witnesses and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case, and he shall report to the Insurance Superintendent, as such Superintendent shall require, his proceedings and the progress made in all prosecutions of arson and the result of all cases which are finally disposed of. [§ 495, ch. 24, R. S. 266. Fire inspector to have power of trial justice — admin- ister oaths — MAT EXAMINE ANT BUILDING IN DAT OR NIGHT,] § 3. The said fire inspector shall have the powers of a trial justice for the pur- pose of summoning and compelling the attendance of witnesses be- fore him to testify in relation to any matter which is, by provisions of this act, a subject of inquiry and investigation. Said fire inspec- tor may also administer oaths and affirmations to persons appearing as witnesses before him ; and false swearing in any matter or pro- ceeding aforesaid, shall be deemed perjury, and shall be punished as 88 such. Said fire inspector and his subordinates shall have authority at all times of the day or night, in the performance of the duties im- posed by the provisions of this act, to enter upon an examination of any building or premises where a fire has occurred, and other build- ings and premises adjoining or near to the same. All investigations held by or under the direction of the fire inspector may, in his dis- cretion, be private, and persons other than those required to be present by the provisions of this act, may be excluded from the place where such investigation is held, and the witnesses may be kept separate and apart from each other, and not allowed to com- municate with each other until they have been examined. [§ 496, ch. 24, R. S. 267. Owner — penalty fok failing to comply with oedees op FIRE inspector.] § 4. Any owner or occupant of buildings or premises failing to comply with the orders of the fire inspector, as above specified, shall be punished by a fine of not less than $10.00 nor more than $50.00 for each day's neglect. And if the fire in- spector neglects or refuses to comply with any of the requirements of this act, he shall be punished by a fine of not less than $25 00 nor more than $200,00. [§ 497, ch. 24, E. S. LABOR ON STREETS. AN ACT providine for labor on the streets and alleys of all cities and villages in this State. [Approved May 31, 1879. In force July 1, 1879. L. 1879, p. 79.J 268. Labor on streets, etc.] § 1. Be it enacted by the Peo- ple of the State of Illinois, represented in the General Assembly, That the city council in all cities and the president and board of trustees in all villages in this State, may have power, by ordinance, to require every able bodied male inhabitant of any such city or vil- lage, above the age of 21 years, and under the age of 50 years (ex- cepting paupers, idiots, lunatics, and such others as are exempt by law), to labor on the streets and alleys of any such city or village, not more than two (2) days in each year; but such ordinance shall provide for commutation of such labor at 75 cents per day. [8 289, ch. 24, R. S. 269. Pines and penalties.] § 2. Any such city council or president and board of trustees or any such village shall have power, by ordinance, to provide such fines and penalties as maybe necessary to enforce the provisions of this act. [§ 290, ch. 24, R. S. ferries and bridges. AN ACT to amend an act entitled, "An act to enable cities and villaees to build, acquire and maintain bridges and ferries outside of their corporate limits, and to control the same," approved and in force May 5, 1879, as amended by an act approved June 16, 1891. [Approved June 9, 1897. In force July 1, 1897. L. 1897, p, 92.] Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 1 of an act entitled, "An act to enable cities and villages to build, acquire and maintain bridges and ferries outside of their corporate limits, and to control the same," approved and in force May 5, 1879, as amended by an act approved June 16, 1891, be amended, with the title thereto, so as hereafter to read as follows: S9 An act to enable cities and villages to build, acquire and maintain bridges and ferries outside of their corporate limits, and to control the same; also, to construct, improve and maintain roads outside of their corporate limits; also, to donate money to aid townships in building, constructing and improving ferries, bridges and roads out- side of their corporate limits. 270. Bridges — feeeies — limits — toll — indebtedness — how PAID.] § 1. That it shall be lawful for any city or village within this State to build, or acquire by purchase, lease or gift, and to main- tain ferries and bridges, and the approaches thereto, for each ferry or bridge within the corporate limits, or within five (5) miles of the corporate limits of such city or village ; also, to construct, improve and maintain roads within five (5) miles of the corporate limits of such city or village connecting with such bridges or ferries on either side thereof; also, to donate money to aid the township or townships in which such ferry, bridge or road connecting with the same is situated, in building, constructing or improving the same, and to is- sue the bonds of such city or village for such purpose. That all such ferries, bridges and roads shall be free to the public, and no toll shall ever be collected by any such city or village authority: Provided, that where any city or village has become or is the owner of any toll bridges or ferries and is keeping up and maintaining the same by authority of law, all ownership and rights vested in such city or vil- lage shall continue in and be held and exercised by them, and they may from time to time fix the rates of toll on such bridges and fer- ries: And provided further, ih&iin s.\\ Gases YiheiQ a bridge shall hereafter be built, or a ferry acquired across a navigable stream, by any city or village, in whole or in part, where the population of such city or village furnishing the principal part of the expenses thereof shall not exceed five thousand (5,000) inhabitants, and where it is necessary to maintain a draw and lights, and a debt shall be incurred by such city or village for such purpose, then a reasonable toll may be collected by the city or village contracting such indebtedness, to be set apart and appropriated to the payment of such indebtedness, interest thereon and the expenses of keeping such bridge in repair and of maintaining, opening and closing the proper draws therefor and lights; or in case of a ferry, keeping the approaches and boat in repair and operating the same. [§ 194, ch. 24, K. S. 271. OoNTKOL BY CITY.] § 2. Every bridge or ferry so owned or controlled by such city or village, and the approaches thereto, when outside the corporate limits, shall be subject to the municipal control and ordinances of such city or village, the same to all intents and purposes and in effect as though such bridge or ferry and the approaches thereto, were situated within the corporate limits of such city or village, and in such case the county may assist in the con- struction of said bridge, as is now provided by law. [§ 194a, ch. 24, R. S. 90 TRAYEL ON BRIDGES IN CITIES, TOWNS, ETC. AN ACT to regulate the manner of travel upon bridees, the whole or a part of which are owned or controlled by cities, villages and towns of this State, and to provide for the enforcing of the same. [Approved and in force May 13. 1879. L. 1879, p. 76.] 272. Penalty FOR FAST driving, etc.] § 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly, that whoever shall ride or drive faster than a walk, over any bridge in this State, owned or controlled, either the whole or a part thereof, by any city, village or town of this State, shall, for each of- fense, be fined in a sum not exceeding $10 nor less than $1: Provided, that a notice shall be posted on such bridge, warning against riding, or driving, on such bridge, faster than a walk, such fine to be re- covered, with costs, before any justice of the peace or police magis- trate of the county where the offense is committed, upon sworn com- plaint in writing, upon which a warrant for the arrest of the offen- der shall issue, and it shall be the duty of every constable of the county, and every marshal, policeman and police constable, and all other oflScers of such city, village or town, owning or controlling the whole or in part such bridge, having the power to make arrests, whenever aforesaid offense is committed in the view of such officer or officers, to forthwith take in custody the person or persons so com- mitting aforesaid offense, and bring him or them before any justice of the peace or police magistrate of the county, to be dealt with ac- cording to law, and such officer so taking in custody such offender, or any officer of such city, village or town, owning or controlling the whole or a part of such bridge where such offense is committed, may make the complaint upon which warrant shall issue against the of- fender, all fines collected under this act, shall be paid into the com- mon school fund of the county. Whereas, the law is inadequate for the protection of biidges which are owned or controlled, the whole or a part thereof, by cities, villages and towns of this State, there- fore an emergency exists, and this act shall take effect from and after its passage. [§ 194b., ch. 24, R. S. conveyance of real ESTATE BY MUNICIPALITIES. AN ACT to authorize cities and villages to convey real estate held by them for school or academy purposes to the proper school ofScers. [Approved June 27, 1885. In force July 1,1885. L. 1885, p. 69.] 273. How CITY OR VILLAGE MAY CONVEY REAL ESTATE HELD FOR SCHOOL PURPOSES.] § 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That any city or vil- lage, incorporated under any general or special law of this State, which shall hold any real or personal estate which shall have been conveyed to such city or village, by virtue of any general or special law of this State, or otherwise, for school or academy purposes, is hereby authorized and empowered, by ordinance or resolution of the city council of any such city, and the president and board of trustees of any such village, to cause such real or personal estate to be con- veyed and transferred to the proper school officers, authorized to hold the same, for the use of the district in which such real or personal 91 estate shall be situated, by proper deed or deeds of conveyance, exe- cuted by the proper officers of such city or village, under the com- mon seal thereof. [§ 374, ch. 24, R. S. 274. When real estate ceases to be used for school pur- poses.] § 2. That if any real estate conveyed by virtue of this act, shall, at any time, cease to be used for school purposes for a period of three years, then it shall be the duty of the school officers, holding the title to such real estate, to convey the same back to said city or village to be by it thereafterwards held, enjoyed and disposed of as other corporate property, which condition shall be inserted in any deed made by any such city or village by virtue of this act. Said re- conveyance, in case of the non-use of such real estate for the period aforesaid, may be compelled and enforced by any taxpayer of said city or village by proper proceedings to be instituted by him for that purpose. [§ 375, ch. 24, R. S. 275. Trustees UNDER SPECIAL CHARTER — rights of. J §. 3 That in all cases where any such real or personal estate shall have been under the control of any trustees, appointed or elected by virtue of any general or special law of this State, that whenever such estate shall be conveyed as aforesaid, that the duties of such trustees, in re- lation thereto shall cease and determine, and it shall be their duty to immediately settle and adjust all matters relating to such trust or estate and make report to the proper authorities of their acts and do- ings, upon the approval of which said trustees will be released and discharged from the further performance of duty in that behalf. All moneys which may remain in the treasury of such city or village, to the credit of any fund connected with the use of such real or per- sonal estate, while so held by such city or village, shall be used by such city or village for any lawful corporate purpose. [§ 376, ch, 24, R. S. 276. Repeal. § 4. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. [§ 377, ch. 24, R.S. CONVEYANCE OF REAL OR PERSONAL ESTATE BY MUNICIPALITIES. AN ACT to authorize cities and villaees to convey any real or persona] estate, or their rieht and title therein, when the same shall be no longer necessary for, or profitable to, or its longer retention be for the best interests of such city or village. [Approved March 22, 1889. In force July 1, 1889. L. 1889. p. 85.] 277. City COUNCIL OR BOARD of trustees may pass ordinance TO SELL REAL OR PERSONAL ESTATE NO LONGER NECESSARY.] § 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That any city or village incorporated under any general or special law of this State, which shall have acquired or hold any real or personal estate for any purpose whatsoever, is here- by authorized and empowered by ordinance passed by three-fourths of the members of the city council of any such city, or of the board of trustees of any such village, at any regular or at any special meet- ing called for such purpose, to sell such property when the same shall, in the opinion of such majority of such city council or board of 92 trustees, be no longer necessary, appropriate or required for the use of such city or village, or profitable to, or its longer retention be for the best interests of, such city or village. [§ 378, ch. 24, R. S. 278. What ordinance shall specify — notice of sale — open- ing OF bids, etc.] § 2. Such ordinance shall specify the location of such real or personal estate, and the use thereof, of whatever kind the same may be, and before any sale shall be made under or by vir- tue of any such ordinance, by the city council of any such city, or the board of trustees of any such village, such ordinance and pro- posal to sell shall be published in one of its daily or weekly papers for a period of not less than sixty days, and if no paper be published in such city or village, then it shall be published in some paper of general circulation in this State nearest to such city or village. Such notice shall contain an accurate description of such property, the purpose for which it is used; and at what meeting the bids will be considered and opened, and shall advertise for 60 days for bids therefor. All such bids shall be opened only at a regular meeting of such city council or board of trustees, and shall be accepted only upon a vote of three- fourths of the members of such city council or board of trustees: Provided, however, that the city council or board of trustees may, by a majority vote, reject any and all bids. [§ 379, ch. 24, R. S. 279. By whom and WHEN conveyance to BE MADE.] § 3. Upon any bid having been accepted, and the purchase price duly paid or secured, the mayor and city clerk, or the president of the board of trustees and the clerk of such board, shall have the power to convey such real or personal estate and transfer the same to such party or parties whose bids have been accepted, by proper deed or deeds of conveyance, stating therein the price therefor, with the seal of the corporation. [§ 380, ch. 24, R. S. conveyance of ebal estate by municipalities. AN ACT to permit towns, cities and villatres incorporated by special charter to convey real estate for school purposes. [Approved May 21, 1887. In force July 1, 1887. L. 1887, p. 127.] 280. How TOWN, CITY OK VILLAGE MiY CONVEY KEAL ESTATE FOK SCHOOL PUEPOSES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any town, city or village incorporated by a special charter granted by the General Assembly of the State of Illinois, holding title to or having an inter- est in any real estate, may, by proper deed of conveyance, executed by the corporate authorities of said town, city or village, when au- thorized by ordinance, sell and convey the same to the trustees of schools of the township in which such real estate is situated, to be used as a school site for the school district in which such real estate is situated. [§ 381, ch. 24, R. S. 93 LOCAL IMPROVEMENTS. AN ACT to provide for reports to be made by the board of local improvements to the cits council or board of trustees, and in reference to the repealine of ordinances for local Im provements. [Approved and in force May 10, 1901. L. 1901, p. lOO.j 281. Kepeal of ordinance.] §1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: No repeal of any ordinance ordering an improvement shall be made ex- cept on written recommendation of the board of local improvemente (stating therein its reasons therefor.) [§ 605a, ch. 24, R. S. 282. BoAKD TO BEPOET TO COUNCIL.] §2. It shall be the duty of the board of local improvements to submit to the city council, or board of trustees, as the case may be, during the months of May and October of each year, for three years following the completion of any public work, a written report of its condition based upon a careful examination of the same by said board of local improvements, or by its representative, who shall be an experienced and capable man of good character: Provided this act shall not apply to cities or villages in this State having a population of less than 100,000. [8 605b, ch. 24, R, S. 283. Emergency.] §3. Whereas, A great number of improve- ments are being delayed on account of the hardships inflicted upon property owners under the present statutes, therefore an emergency exists, and this act shall take effect from and after its passage. [§ 605c, ch. 24, R. S. CITY COURTS. AN ACT in relation to courts of record in cities. I Approved May 10, 1901. In force July 1, 1901. L. 1901, p. 136.] 284. Style OP COURT — jurisdiction.] % \. Be it enacted hy the People of the State of Illinois, represented in the General Assembly : The several courts of record now existing in and for cities, and such as may hereafter be established in and for any city in this State, shall severally be styled "The city court of (name of city)," and shall have concurrent jurisdiction with the circuit courts within the city in which the same may be, in all civil cases and in all criminal cases arising in said city, and in appeals from justices of the peace in said city; and the course of procedure and practice in such courts shall be the same as in the circuit courts, so far as may be. [§ 240, ch. 37, R. S 285. Seal.] § 2. Such courts shall have a seal, and may, from time to time, as may be necessary, renew the same; the expense of such seal, and renewing the same, shall be paid by the city in which such court is or may be established. [§ 241, ch. 37, R. S. 286. Place of holding.] § 3. Such court shall be held at such place in said city as may be provided by the corporate authorities thereof; but if such place shall become unfit, or if no place shall be provided by such authorities, the court may, by an order to be entered of record, adjourn to or convene at a suitable place for the holding of a court within said city, and at such place may hold said court until a suitable place therefor be furnished by such corporate authorities, the expense whereof shall be borne by said city. [§ 242, ch, 37, R. S. 94 287. Stationery.] § 4. All blanks, bookB, papers, stationery and furniture necessary to the keeping of a record of the proceed- ings of such court, and the transaction of the business thereof, shall be furnished the officers of such court by the corporate authorities at the expense of the city. [§ 243, ch. 37, R. S. 288. Election and qualification of judges — powers —vacancy.] § 5. The judges of such courts respectively shall be elected by the qualified voters of such city in the same manner that the city officers of such city are elected, but not at the same time, and shall hold their offices for the term of four years, and until their successors are elected and qualified. They shall qualify and be commissioned in the same manner, be vested with the same powers and perform the same duties as circuit judges, and have the right to appoint a court reporter on the same terms as the circuit court, and shall be styled "judge of the city court of (name of city.)" Vacancies in such office shall be filled for the unexpired term at a special election to be called and held by the same authority and in the same manner that other city elections may be held, where such unexpired term exceeds one year; but where the same does not exceed one year, such vacancy shall be filled by appointment by the Grovernor, [§ 244, ch. 37, R. S. 289. Exchange, etc.] § 6. Such judges may, with like privil- eges as the judges of circuit and county courts, interchange with each other, and with the judges of circuit, superior, county and probate courts, and may hold court for each other, and for judges of circuit, superior, county and probate courts, and perform each other's duties, and the duties of judges of circuit, superior, county and probate courts, when they find it necessary or convenient. [§ 245, ch. 37, R. S. 290. Clerks.] § 7. There shall be elected, in like manner as judges are elected, for each of such courts, a clerk, who shall hold his office for a term of four years, and until his successor shall be elected and qualified. He shall be commissioned, have the same powers, perform the same duties, be subject to the same liabilities, and be entitled to like fees as are now, or may hereafter, from time to time, be provided by law in regard to circuit clerks, in the county in which said city may be situated. Vacancies in such offices shall be filled, for the unexpired term, at a special election to be called and held by the same authority and in the same manner that other city elections may be held, where such unexpired term exceeds one year; but where the same does not exceed one year such vacancy shall be filled by ap- pointment by the judge of the court: Provided, that a clerk pro tempore may be appointed by the judge thereof, when necessary. [§ 246, ch. 37, R. S. 291. Duties OF sheriff— state's attorney.] §8. The sheriff and state's attorney of the county in which such city may be situ- ated, shall each perform the same duties in said court, and in respect thereto, and the process thereof, and have the same power, be subject to the same liabilities and penalties, and be entitled to the same fees as in the circuit court of such county; and the sheriff shall appoint one or more deputies for such court, for the convenience of the busi- ness therein, who shall reside in the city where such court is estab- 95 lished, and the judge of such court shall have power to appoint a state's attorney pro tempore in any of the cases where the circuit court or the judge thereof may appoint. [§ 247, ch. 37, R. S. 292. Master in chanceby. J § 9. A master in chancery for such court shall be appointed by the judge thereof, who shall hold his office for the same time, and qualify in the same manner, be subject to the same liabilities, have the same powers, perform the same duties, and be entitled to the same fees and compensation with respect to said court and matters therein as other masters in chancery. [§ 248, ch. 37, R. S. 293. Teems OP COURT. J §10. There shall be two or more reg- ular terms of court in each year, to be held at such times as may be fixed by an order of the court from time to time, and entered of record, which order shall be published in some newspaper published in the city at least forty days before holding the first term of court under the same; and such order shall not be changed subsequently, except by an order of court entered of record at the term preceding said change, and published in like manner. Special terms may be called and held in the same manner and with like effect as special terms of the circuit court, and subject to the same limitations: Pro- vided, that in the city of Chicago, should such a court be established therein, there shall be held a term of such court every month in the year, commencing upon the first Monday of each month, and no order of court or publication shall be necessary in order to hold such terms. [§ 249, ch. 37, R. S. 294. Adjournments, etc.] § 11. The same rules in regard to the adjournment of such courts upon the non-attendance of a judge thereof, as are, or may be provided by law in regard to circuit courts, shall apply to such courts; and the said city courts, and the judges thereof, shall have the same power, with respect to adjournments as the circuit courts and the judges thereof, now, or hereafter may have by law, and the adjournments of a term in such courts shall have the like effect of an adjournment in the circuit courts. [§ 250, ch. 37, R. S. 295. Appeals and writs of certiorari.] § 12. Appeals shall be taken in the first instance from the judgment of the justices of the peace or police magistrates in the city to the city court. Writs of certiorari may issue to remove cause from before such officers to the city court, there to be heard and determined in like manner as in the circuit court. [§ 251, ch. 37, R. S. 296. Recognizance — city prison — sheriff to be the keeper — costs.] § 13. All recognizances taken by any justice of the peace, police magistrate or other officer of the city, in criminal cases, when the offense is committed in the city, shall be made returnable to the city court of such city; and in all such cases the defendant may be confined in a city prison if the same be provided for that purpose by such city. The sheriff of the county shall be the keeper and have the custody of such prisoners: and the cost of feeding and keeping such prisoners shall be paid out of the county treasury on the cer- tificate of the sheriff, verified by his affidavit: Provided, that in 96 cities of over one hundred thousand (100,000) population recogni- zances may be returnable to any criminal court in said city. [§ 252, ch. 37, R. S. 297. Venue. J § 14. Change of venue from city courts, for the same causes and in the same manner, may be taken as from circuit courts, and the cases sent to the circuit court of the county, or to some other convenient court of record, where the cause complained of does not exist: Provided, where the cause is the prejudice of the judge, another city, circuit or county judge may be substituted by the consent of the parties, and if they can not agree, then by the judge of such court. [§ 253, ch. 37, R. S. 298. Writs — orders — judgmenes, etc., a lien after tran- script FILED IN oiEOUiT COURT.] § 15. The writs and process of such city courts shall be issued and executed in the same manner, and shall have the same force and effect, as the writs and process of circuit courts. Orders, judgments and decrees of city courts shall have the same force, be of the same effect, and shall be executed and enforced in the same manner as judgments, orders and decrees of cir- cuit courts; such judgments and decrees shall be a lien upon the real estate in such city from the time of their rendition; and in the county, wherein such city court is situate, after a certified transcript of the same shall have been filed in the oflBce of the clerk of the circuit court of the said county, which transcript shall contain the names of the parties of the suit, the kind of action, the amount of the judgment, or the general nature or effect of the decree, as the case may be, and the terms and time at which the suit was disposed of. [§ 254, ch. 37, R. S. 299. Transcript BOOK.] § 16. The clerk of the circuit court of the county shall provide and keep in his office, for each city court in his county, a well bound book, or books, for entering therein an al- phabetical docket of all judgments and decrees rendered in said city courts, as is now required by law for docketing judgments and decrees rendered in the circuit court; and shall forthwith, after the filing of any such transcript, enter the same therein, together with the hour, day, month and year of the filing of such transcript and the general number thereof. [§ 255, ch. 37, R. S. 300. Transcript fees.] § 17. In addition to the fees now al- lowed by law, the clerk of the said city courts shall be allowed to charge and receive a fee of 50 cents for each certified transcript, as aforesaid, and the clerk of the circuit court shall be allowed to charge and receive a fee of 50 cents for filing and entering the same. [§ 256, ch. 37, R, S. 301. Appeals — error.] § 18. Appeals may be taken and writs of error prosecuted from city courts to the appellate and supreme courts the same as in like cases from circuit courts. [§ 257, ch. 37, R. S. 302. Fees of jurors — how paid.] § 19. The fees of the grand and petit jurors for such courts, including the fees for summoning 97 the same, shall be paid out of the county treasury of the county wherein such court is established , upon the certificate of the clerk of such court. [§ 258, ch. 37, K. S. 303. Courts continued.] §20. The several courts of record now established, in and for cities, are hereby continued, under the name and style of "The city court of (name of city)," with all the power and jurisdiction conferred by this act. [§ 259, ch. 37, R. S. 304. COUETS — HOW ESTABLISHED AND ABOLISHED.] §21. A city court, consisting of one or more judges, not exceeding five, and not exceeding one judge for every 50,000 inhabitants, may be organized and established under this act, in any city which contains at least 3,000 inhabitants, whenever the common or city council shall adopt an ordinance or resolution to submit the question whether such court shall be established consisting of one or more judges, not exceeding five, as may be specified in such ordinance or resolution, to the quali- fied voters of such city, and two-thirds of the votes cast at such election shall be in favor of the establishment of such court. Where such court is established with more than one judge, each judge may hold a separate branch thereof at the same time, and when holding such separate branch, each judge may exercise all the powers vested in such court. Such elections shall be held and conducted, the re- turns thereof made and canvassed, and the result declared in the same manner as other city elections. To discontinue and disestab- lish any such court, precisely the same mode of procedure shall be requisite and necessary, and be resorted to as for the organization of such court. Save that the discontinuance and disestablishment shall not take effect until at the expiration of the term of oflioe of the then judge of said court. In the event of the discontinuance and disestablishment of any such court, the clerk thereof shall transfer and deliver to the clerk of the circuit court of the county in which such city court is situated, all records, judgments and processes in possession of himself or any other officer of said court, and the circuit court shall thereupon acquire and be vested with jurisdiction in the matters to which said records, judgments or process relate, and may be dealt with as original records of such circuit court: Provided, it shall be lawful for the city council in any city where a city court has been established under this act, and there is no judge or clerk of such court residing within such city, and such court has ceased to do business for two years or more, to pass an ordinance or resolution abolishing such court, and authorize the city clerk of such city to transfer and deliver the records, judgments and process of such court to the circuit court of the county in which such court is situated in like manner and with like effect, as if such had been transferred by the clerk of such city court. [§ 260, ch. 37, R. S. 305. Election OE JUDGE and clbek.J §22. Whenever the es- tablishment of a city court shall be authorized as provided in the foregoing section, it shall be the duty of the corporate authorities to order an election for judge and clerk; and when the judge and clerk -7. 98 shall be duly elected, qualified and commissioned, such court shall be deemed organized and established according to law. [§ 261, ch. 37. R. S. 306. Judge's salary.] § 23. The judges of said court shall be allowed and receive as an annual salary in lieu of all other fees, per- quisites or benefits whatsoever in cities having a population not ex- ceeding five thousand (5,000) inhabitants, the sum of five hundred dollars ($500) to be paid out of the city treasury; and in cities hav- ing more than 5,000 and less than 8,000 inhabitants, the sum of fifteen hundred dollars ($1,500) ; and in cities having more than eight thousand (8,000) inhabitants and less than twenty-five thousand (25,000) inhabitants, the sum of two thousand dollars ($2,000); and in cities having more than twenty-five thousand (25,000) inhabitants, the sum of three thousand dollars ($3,000) to be paid out of the city treasury. [§ 262, ch. 37, R. iS. 307. Repeal.] § 24. All acts or portions thereof in conflict herewith are hereby repealed. [§ 263, ch. 37, R. S. Tp regulate the civil service op cities. AN ACT to regulate the civil service of cities. [Approved and in force March 20, 1895. L. 1895, p. 85.] 308. Commissioners appointed— oath,] § 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: The mayor of each city in this State which shall adopt this act as hereinafter provided shall, not less than 40 nor more than 90 days after the taking effect of this act in such city, appoint three persons, who shall constitute and be known as the civil service com- missioners of such city, one for three years, one for two years, and one for one year from the time of appointment and until their re- spective successors are appointed and qualified; and in every year thereafter the mayor shall, in like manner, appoint one person as the successor of the commissioner whose term shall expire in that year to serve as such commissioner for three years and until his successor is appointed and qualified. Two commissioners shall constitute a quorum. All appointments to said commission, both original and to fill vacancies, shall be so made that not more than two members shall, at the time of appointment, be members of the same political party. Said commissioners shall hold no other lucrative office or employment under the United States, the State of Illinois, or any municipal corporation or political division thereof. Each commis- sioner, before entering upon the duties of his office, shall take the oath prescribed by the constitution of this State. [§ 446, ch. 24, R. S. 309. Removal op commissioners — vacancy.] § 2, The mayor may, in his discretion, remove any commissioner for incompetence, neglect of duty, or malfeasance in office. The mayor shall within ten days report in writing any such removal to the city council, with his reasons therefor. Any vacancy in the office of commissioner shall be filled by appointment by the mayor. [§ 447, ch. 24, R. S. 310. Classipiqation.] § 3. Said commissioners shall classify all the offices and places of employment in such city with refer- 99 ence to the examinations hereinafter provided for, except those offices and places mentioned in section 11 of this act. The offices and places so classified by the commission shall constitute the classified civil service of such city ; and no appointments to any of such offices or places shall be made except under and according to the rules hereinafter mentioned. [§ 448, oh. 24, R. S. 311. Rules.] § 4. Said commission shall make rules to carry out the purposes of this act, and for examinations, appointments and removals in accordance with its provisions, and the commission may, from time to time, make changes in the original rules. [§ 449, ch. 24, R. S. 312. Publication of rules — time of taking effect.] § 5. All rules made as hereinbefore provided, and all changes therein shall forthwith be printed for distribution by said commission; and the commission shall give notice of the place or places where said rules may be obtained, by publication in one or more daily newspapers, published in such city, and in each such publication shall be speci- fied the date, not less than ten days subsequent to the date of such publication, when said rules shall go into operation. [§ 450, ch. 24, R.S. 313. Examinations.] § 6. All applicants for offices or places in said classified service, except those mentioned in section 11, shall be subjected to examination, which shall be public, competitive and free to aU citizens of the United States, with specified limitations as to residence, age, health, habits and moral character. Such examina- tions shall be practical in their character, and shall relate to those matters which will fairly test the relative capacity of the persons ex- amined to discharge the duties of the positions to which they seek to be appointed, and shall include tests of physical qualifications and health and, when appropriate, of manual skill. No questions in any examination shall relate to political or religious opinions or affilia- tions. The commission shall control all examinations, and may, whenever an examination is to take place, designate a suitable num- ber of persons, either in or not in the official service of the city, to be examiners, and it shall be the duty of such examiners, and, if in the official service, it shall be a part of their official duty, without extra compensation, to conduct such examination as the commission may direct, and to make return or report thereof to said commission, and the commission may at any time substitute any other person, whether or not in such service, in the place of any one so selected; and the commission may themselves at any time act as such exam- iners, and without appointing examiners. The examiners at any examination shall not all be members of the same political party. r§ 451, ch. 24, R. S. 314. Notice OF EXAMINATIONS.] § 7. Notice of the time and place and general scope of every examination shall be given by the commission by publication for two weeks preceding such examina- tion in a daily newspaper of general circulation published in such city, and such notice shall also be posted by said commission in a 100 conspicuous place in their office for two weeks before such examin- ation. Such further notice of examinations may be given as the commission shall prescribe. [§ 452, ch. 24, R. S. 315. Registers.] §8. From the returns or reports of the ex- aminers, or from the examinations made by the commission, the commission shall prepare a register for each grade or class of posi- tions in the classified service of such city of the persons whose gen- eral average standing upon examination for such grade or class is not less than the minimum fixed by the rules of such commission, and who are otherwise eligible; and such persons shall take rank upon the register as candidates in the order of their relative ex- cellence as determined by examination, without reference to priority of time of examination. [§ 453, ch. 24, R. S. 316. Promotions.] § 9. The commission shall, by its rules, pro- vide for promotions in such classified service, on the basis of ascer- tained merit and seniority in service and examination and shall pro- vide, in all cases where it is practicable, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank as desire to submit themselves to such examination; and it shall be the duty of the commission to submit to the appointing power the names of not more than three applicants for each promotion having the highest rating. The method of examination, and the rules governing the same and the method of certifying, shall be the same as provided for applicants for original appointment. [§ 454, ch. 24, R. S, 317. Appointments to olassii'ied service.] § 10. The head of the department or office in which a position classified under this act is to be filled shall notify said commission of that fact, and said commission shall certify to the appointing officer the name and ad- dress of the candidate standing highest upon the register for the class or grade to which said position belongs, except that, in cases of laborers where a choice, by competition is impracticable, said commission may provide by its rules that the selections shall be made by lot from among those candidates proved fit by examination. In making such certification sex shall be disregarded, except when some statute, the rules of said commission or the appointing power specifies sex. The appointing officer shall notify said commission of each position to be filled separately, and shall fill such place by the appointment of the person certified to him by said commission therefor, which appointment shall be on probation for a period to be fixed by said rules. Said commission may strike o£P names of candidates from the register after they have remained thereon more than two years. At or before the expiration of the period of proba- tion the head of the department or office in which a candidate is employed may, by and with the consent of said commission, dis- charge him upon assigning in writing his reason therefor to said commission. If he is not then discharged his appointment shall be deemed complete. To prevent the stoppage of public business, or to meet extraordinary exigencies, the head of any department or 101 office may with the approval of the commission make temporary appointment to remain in force not exceeding 60 days, and only until regular appointments under the provisions of this act can be made. [§ 455, ch. 24, K. S. 3 1 8. SOLDIEES WHO ABE ELIGIBLE TO HAVE THEIB NAMES PLACED AT THE HEAD OF THE LIST.] § 10^. Persons who Were engaged in the military or naval service of the United States during the years 1861, 1862, 1863, 1864 or 1865, and who were honorably discharged therefrom, shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such office, and it shall be the duty of the examiner or commissioner certifying the list of eligibles who have taken the examinations provided for in this act, to place the name or names of such persons at the head of the list of eligibles certified for appointment. [Added by amendment approved May 6, 1897; in force July 1, 1897; L. 1897, p. 93; § 455a, ch. 24, R. S. 319. Officebs EXCEPTED FEOM CLASSIFIED LIST. J §11. Officers who are elected by the people, or who are elected by the city council pursuant to the city charter, or whose appointment is subject to con- firmation by the city council, judges and clerks of election, members of any board of education, the superintendent and teachers of schools, heads of any principal department of the city, members of the law department, and one private secretary of the mayor, shall not be in- cluded in such classified service. [§ 456, ch. 24, R. S. 320. Removals.] §12. No officer or employ^ in the classified _ civil service of any city who shall have been appointed under said ' rules and after said examination, shall be removed or discharged ex- cept for cause, upon written charges and after an opportunity to be heard ia his own defense. Such charges shall be investigated by or before said civil service commission, or by or before some officer or board appointed by said commission, to conduct such investigation. The finding or decision of such commission or investigating officer or board, when approved by said commission, ehall be certified to the appointing officer, and shall be forthwith enforced by such officer. Nothing in this act shall limit the power of any officer to suspend a subordinate for a reasonable period, not exceeding thirty days. In the course of an investigation of charges, each member of the com- mission, and of any board so appointed by it, and any officer so ap- pointed, shall have the power to administer oaths and shall have power to secure by its subpoena both the attendance and testimony of witnesses, and the production of books and papers relevant to such investigation. Nothing in this section shall be construed to require such charges or investigation in cases of laborers or persons having the custody of public money, for the safe keeping of which another person has given bonds. [§ 457, ch. 24, R. S. 321. Reports TO COMMISSION.] §13. Immediate notice in writ- ing shall be given by the appointing power, to said commission, and all appointments, permanent or temporary, made in such classified civil service, and all transfers, promotions, resignations, or vacancies from any cause in such service, and of the date thereof; and a record 102 of the same shall be kept by said commission. When any oflBce or place of employment is created or abolished, or the compensation attached thereto altered, the officer or board making such change shall immediately report it in writing to said commission. [§ 458, ch. 24, R. S. 322. Investigations.] § 14. The commission shall investigate the enforcement of this act and of its rules, and the action of the examiners herein provided for, and the conduct and action of the appointees in the classified service in its city, and may enquire as to the nature, tenure and compensation of all offices and places in the public service thereof. In the course of such investigations each commissioner shall have power to administer oaths, and said commis- sion shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such investigations. f§ 459, ch. 24, R. S. 323. Report by commission.] § 15. Said commission shall, on or before the fifteenth day of January of each year, make to the mayor for transmission to the city council a report showing its own action, the rules in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. The mayor may require a report from said commission at any other time. [§ 460, ch. 24, R. S. 324. Chief examiner.] § 16. Said commission shall employ a chief examiner, whose duty it shall be, under the direction of the commission, to superintend any examination held in such city under this act, and who shall perform such other duties as the commission shall prescribe. The chief examiner shall be ex officio secretary of said commission, under the direction of such commission; he, as such secretary, shall keep the minutes of its proceedings, preserve all re- ports made to it, keep a record of all examinations held under its direction, and perform such other duties as the commission shall prescribe. [§ 461, ch. 24, R. S. 325. Officers to AID— rooms.] § 17. All officers of any city which shall have adopted this act shall aid said commission in all proper ways in carrying out the provisions of this act, and at any place where examinations are to be held shall allow reasonable use of public buildings for holding such examinations. The mayor of such city shall cause suitable rooms to be provided for said commis- sion at the expense of such city. [§ 462, ch. 24, R. S. 326. Salaries and expenses.] § 18. In cities having a popu- lation of 100,000 inhabitants or more, each of said commissioners shall receive a salary of $3,000 a year, the chief examiner shall re- ceive a salary of $3,000 a year. Any person not at the time in the official service of the city, serving as a member of the board of ex- aminers or of a trial board, shall receive compensation for every day actually and necessarily spent in the discharge of his duty as an ex- aminer or a member of the trial board at the rate of $5 per day, and said commission may, in such city, also incur expenses not exceeding $5,000 per year for clerk hire, printing, stationery and other inci- dental matters. In cities having a population of 50,000 inhabitants 103 and less than 100,000, such commissioners shall receive an annual salary of $1,000 each, the chief examiner shall receive an annual salary of $1,000. Any person not at the time in the official service of the city, serving as a member of the board of examiners or of a trial board shall receive compensation for every day actually and neces- sarily spent in the discharge of his duty as an examiner or member of the trial board at the rate of $3 per day, and said commission may, in such city, also incur expenses not exceeding $2,000 a year for clerk hire, printing, stationery and other incidental matters. In cities having a population of 25,000 and less than 50,000 inhabitants such commissioners shall receive an annual salary of $100 each, and the chief examiner shall receive an annual salary of $500. In cities having a population of less than 25,000 inhabitants such commissioners shall receive an annual salary to be fixed by the city council of such cities, not to exceed $50 each; the chief examiner shall receive an annual salary to be fixed by the city council of such cities not to exceed $100. In cities having a population of less than 50,000 inhabitants any person not at the time in the official service of the city, serving as a member of the board of examiners or of a trial board shall receive compensation for every day actually and necessarily spent in the discharge of his duty as an examiner or member of the trial board at the rate of $2 per day, and said com- mission may, in such city, also incur expenses not exceeding $200 per year for clerk hire, printing, stationery and other incidental matters. [As amended by act approved June 13. 1895. In force July 1, 1895; L. 1895, p. 94; 463, ch. 24, R. S. 327. Appropriations.] § 19. A sufficient sum of money shall be appropriated each year by each city which shall adopt this act, to carry out the provisions of this act in such city. In such cities as shall have already made the annual appropriation for municipal pur- poses for the current fiscal year, the mayor is authorized and required to pay the salaries and expenses as herein provided for such fiscal year out of the moneys appropriated for contingent purposes by such municipality, or out of any moneys not otherwise appropriated. [§ 464, ch. 24, R. S. 328. Frauds prohibited.] § 20. No person or officer shall wilfully or corruptly by himself or in co-operation with one or more other persons, defeat, deceive or obstruct any person in respect to his or her right of examination, or corruptly or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined hereunder or aid in so doing, or wilfully or corrupt- ly make any false representation concerning the same, or concerning the person examined, or wilfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed or promoted. [§ 465, ch. 24, R. S. 104 329. No OPPIOER TO SOLICIT OR RECEIVE POLITICAL CONTRIBU- TIONS.] § 21. No officer or employ^ of such city shall solicit, orally or by letter, or receive or pay, or be in any manner concerned in so- liciting, receiving or paying any assessment, subscription or contri- bution for any party or political purpose whatever. [§ 466, ch. 24, K. S. 330. No PERSON TO SOLICIT POLITICAL CONTRIBUTIONS FROM OFFICERS OR EMPLOYES.] § 22. No person shall solicit, orally or by letter, or be in any manner concerned in soliciting any assessment, contribution or payment for any party or any political purpose what- ever, from any officer or employ^ in any department of the city government of any city which shall adopt this act. [§ 467, ch. 24, K. S. 331. Assessments and contributions in public offices forbid- den.] § 23. No person shall in any room or building occupied for the discharge of official duties by any officer or employ^ in any city, which shall adopt this act, solicit orally or by written communication, delivered therein, or in any other manner, or receive any contribution of money or other thing of value, for any party or political purpose whatever. No officer, agent, clerk or employ6 under the government of such city, who may have charge or control of any building, office or room, occupied for any purpose of said government, shall permit any person to enter the same for the purpose of therein soliciting or delivering written solicitations for receiving or giving notice of any political assessments. f§ 468, ch. 24, R. S. 332. Payments of political assessments to public officers prohibited.] § 24. No officer or employ^ in the service of such city shall, directly or indirectly, give or hand over to any officer or em- ploy6 in said service, or to any senator or representative or alderman, councilman or commissioner, any money or other valuable thing, on account of or to be applied to the promotion of any party or political object whatever. [§ 469, ch. 24, R. S. 333. Abuse of official influence prohibited.] § 25. No officer or employ 6 of such city shall discharge or degrade or promote, or in any manner change the official rank or compensation of any other officer or employ^, or promise or threaten to do so for giving or withholding or neglecting to make any contribution of money or other valuable thing for any party or political purpose, or for refusal or neglect to render any party or political service. [§ 470, ch. 24, R. S. 334. Payment for places prohibited.] § 26. No applicant for appointment in said classified civil service, either directly or indi- rectly, shall pay or promise to pay any money or other valuable thing to any person whatever for or on account of his appointment, or pro- posed appointment, and no officer or employ^ shall pay or promise to pay, either directly or indirectly, any person any money or other valuable thing whatever for or on account of his promotion. [§ 471, ch. 24, R. S. 335. Recommendations in consideration of political services prohibited.] § 27. No applicant for appointment or promotion in 105 said classified civil service shall ask for or receive a recommendation or assistance from any officer or employ^ in said service, or of any person upon the consideration of any political service to be rendered to or for such person, or for the promotion of such person to any office or appointment. [§ 472, ch. 24, K. 8, 336. Abuse of political influence peohibited.] § 28. No person while holding any office in the government of such city, or in nomination for, or while seeking a nomination for, or appointment to any such office, shall corruptly use or promise to use, either directly or indirectly, any official authority or influence (whether then pos- sessed or merely anticipated) in the way of conferring upon any per- son, or in order to secure or aid any person in securing any office or public employment, or any nomination, confirmation, promotion or increase of salary upon the consideration or condition that the vote or political influence or action of the last named person or any other shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration. [§ 473, ch, 24, R. S. 337. Auditing officee. J § 29. No accounting or auditing officer shall allow the claim of any public officer for services of any deputy or other person employed in the public service in violation of the provisions of this act, [§ 474, ch. 24, E, S. 338. Appointments and removals to be oeetified to the COMPT roller.] § 30. The commission shall certify to the comp- troller or other auditing officers, all appointments to offices and places in the classified civil service, and all vacancies occurring therein, whether by dismissal or resignation or death, and all find- ings made or approved by the commission under the provisions of section 12 of this act, that a person shall be discharged from the classified civil service. [§ 475, ch. 24, R. S, 339. COMPTEOLLEE TO PAY SALARIES ONLY AFTER CERTIFICATION,] § 31. No comptroller or no other auditing officer of a city which has adopted this act shall approve the payment of, or be in any manner concerned in paying any salary or wages to any person for services as an officer or employ^ of such city, unless such person is occupying an office or place of employment according to the provisions of law and is entitled to payment therefor. [§ 476, ch. 24, R. S. 340. Paymasters, etc., to pay salaries only after certifi- cation. § 32. No paymaster, treasurer or other officer or agent of a city which has adopted this act shall wilfully pay, or be in any man- ner concerned in paying any person any salary or wages for services as an officer or employ^ of such city, unless such person is occupying an office or place of employment according to the provisions of law and is entitled to payment therefor. [§ 477, ch. 24, R. S. 341- Compelling testimony of witnesses — production of BOOKS AND PAPERS.] § 33. Any person who shall be served with a subpoena to appear and testify, or to produce books and papers, issued by the commission or by any commissioner or by any board or per- son acting under the orders of the commission in the course of an investigation conducted either under the provisions of section 12 or 106 section 14 of this act, and who shall refuse or neglect to appear or to testify, or to produce books and papers relevant to said investigation, as commanded in such subpcsna, shall be guilty of a misdemeanor, and shall, on conviction, be punished as provided in section 34 of this act. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid from the appropriation for the expenses of the commission. Any circuit court of this State or any judge there- of, either in term time or vacation, upon application of any such commissioner, or officer or board, may in his discretion compel the attendance of witnesses, the production of books and papers, and giving of testimony before the commission, or before any such com- commissioner, investigating board or officer, by attachment for con- tempt or otherwise in the same manner as the production of evidence may be compelled before said court. Every person who, having taken an oath or made affirmation before a commissioner or officer appointed by the commission authorized to administer oaths shall swear or affirm willfully, corruptly and falsely shall be guilty of per- jury and upon conviction shall be punished accordingly. [§ 478, ch. 24, K. S. 342. Penalties.] § 34. Any person who shall willfully or through culpable negligence violate any of the provisions of this act or any rule promulgated in accordance with the provisions thereof, shall be guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine of not less than $50 and not exceeding $1,000, or by imprisonment in the county jail for a term not exceeding six months, or both such fine and imprisonment in the discretion of the court. [§ 479, ch. 24, R. S. 343. Penalties— DISQUALIFICATION to hold office.] § 35. If any person shall be convicted under the next preceding section, any public office or place of public employment, which such person may hold shall, by force of such conviction be rendered vacant, and such person shall be incapable of holding any office or place of pub- lic employment for the period of five years from the date of such conviction. [§ 480, ch. 24, K. S. 344. What officers to prosecute.] § 36. Prosecutions for violations of this act may be instituted either by the Attorney Gren- eral, the State's attorney for the county in which the offense is al- leged to have been committed, or by the commission, acting through special council. Such suits shall be conducted and controlled by the prosecuting officers who institute them, unless they request the aid of other prosecuting officers. [§ 481, ch. 24, R. S. 345. Repeal.] § 37. All laws or parts of laws which are incon- sistent with this act, or any of the provisions thereof are hereby re- pealed. [§ 482, ch. 24, R, S. 346. Adoption.] § 38. The electors of any city now existing or hereafter existing in this State, may adopt and become entitled to the benefit of this act in the following manner: Whenever 1,000 of the legal voters of such city, voting at the last preceding election, shall petition the judge of the county court of the county, in which said 107 city is located, to submit to a vote of the electors of such city the proposition as to whether such city and the electors thereof shall adopt and become entitled to the benefits of this act, it shall be the duty of such county court to submit such proposition accordingly at the next succeeding general State, county or city election, and if such proposition is not adopted at such election the same shall in like manner be submitted to a vote of the electors of such city by such county court upon like application at any general State, county or city election, thereafter, and an order shall be entered of record in such county court submitting such proposition as aforesaid. If 1,000 shall exceed one-eighth of the legal voters of any such city voting at the last preceding election, then such petition or applica- tion need not be signed or made by more than one-eighth of the legal voters of such city voting at the last preceding election. [§ 483, ch. 24, R. S. 347. Notice of election — submission of act to vote — pkocla- MATION.] § 39. The judge of such county court shall give at least ten days notice of election at which such proposition is to be sub- mitted by publishing such notice in one or more newspapers pub- lished within such city for at least five times, the first publication to be at least ten days before the day of the election; and if no news- paper is published in such city, then by posting at least five copies of such notice in each ward at least ten days before such election. Such election shall be held under the election law in force in such city, except as herein otherwise provided. The proposition so to be voted for shall appear in plain, prominent type at the head of every ticket and preceding the names of persons to be voted upon for any office at such election. If a majority of the votes cast upon such proposition shall be for such proposition, this act shall thereby be adopted by such city, and the mayor shall thereupon issue a procla- mation declaring this act in force in such city. [§ 484, ch. 24, R. S. 348. Emergency. § 40. Whereas, An emergency exists for the immediate taking effect of this act, therefore it shall be in force from and after its passage. [§ 485, ch. 24, fi. S. ELECTIONS— Acts Concerning Municipal Elections. [Para- graphs 349-488.] opening and closing op polls. AN act to provide for the time of opening and closing the polls during elections of cities' towns and villages in this State. [Approved May 29. 1879. In force July 1, 1879. L. 1879- p. 70.1 349. Time op opening and closing polls.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all city, town or village elections, in this State, the polls shall remain open from eight (8) o'clock a. m. until seven (7) o'clock p. m., any law in any special charter to the contrary not- withstanding. [§ 297, ch. 24, R. S. 108 CITIES AND TOWNS HAVING SAME TERRITORY. AN ACT relating to elections, and to fix the time for holding the same, in cities having the same territory as an organized township. [Approved May 6, 1879. In force July 1, 1879. L. 1879, p. 69.) 350. Elections.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That hereafter the regular charter election for the election of city officers of any city having the same territory as an organized township, shall take place on the same day provided by law for the township election, to- wit: On the first Tuesday of April, anything in the charter of such city to the contrary notwithstanding, and such charter and township elec- tions may be conducted in all respects as provided in and by an act entitled "An act to amend section seven (7) of article VTI of an act entitled 'An act to revise the law in relation to township organiza- tion,' approved and in force March 4, 1874;" approved and in force March 9, 1877 : Provided, that this act shall not be so construed as to require any city to hold its charter election oftener than its char- ter may prescribe. [§ 298, ch. 24, R. S. SUBMISSION OF QUESTIONS OF PUBLIC FOLIC V. AN ACT providing for an expression of opinion by electors on questions of public policy at any general or special election. TApproved May 11, 1901. In force July t, 1901. L. 1901, p. 198.] 351. Petition TO SUBMIT question op public policy at elec- tion — DUTY OF ELECTION OFFICERS.] § 1. Be it enacted by the Peo- ple of the State of Illinois, represented in the General Assembly: That on a written petition signed by 25 per cent of the registered voters of any incorporated town, village, city, township, county or school district; or 10 per cent of the registered votes [voters] of the State, it shall be the duty of the proper election officers in each case to submit any question of public policy so petitioned for, to the electors of the incorporated town, village, city, township, county, school district or State, as the case may be, at any general or special election named in the petition: Provided, such petition is filed with the proper election officers in each case not less than sixty (60) days before the date of the election at which the question or questions petitioned for are to be submitted. Not more than three proposi- tions shall be submitted at the same election and [each] such proposition shall be submitted in the order of its filing [§ 428, ch. 46, R. S. 352. Question to be printed on separate ballot — form.] § 2. Every question submitted to electors shall be printed in plain, prom- inent type upon a separate ballot, in form required by law, the same as a constitutional amendment or other public measure proposed to be voted upon by the people. [§ 429, ch. 46, R. S. CITY election law. an act to amend an act entitled. "An act regulating the holding of elections and declar- ing the result thereof in cities, Tillages and incorporated towns in this State," approved June 19. 1885, in force July 1, 1885, as amended by an act approved June 18, 1891, in force July 1,1891. TAs amended by act approved April 24. 1899; in force July 1, 1899; L. 1899, p. 157.] Section 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly: That "An act regulating the 109 holding of electiouB and declaring the result thereof in cities, vil- lages and incorporated towns in this State," approved June 19, 1885, in force July 1, 1885, as amended by an act approved June 18, 1891, in force July 1, 1891, be and the same is hereby amended so as to read as follows, to- wit: Article I. 353. How THIS AOT MAY BE ADOPTED BY CITY.] § 1. That the electors of any city now existing in this State may adopt and become entitled to the benefit of this act in the manner following: Whenever one thousand of the legal voters of such city, voting at the last preceding election, shall petition the judge of the county court of the county in which such city is located to submit to a vote of the electors of such city the proposition as to whether such city and the electors thereof shall adopt and become entitled to the benefit of this act, it shall be the duty of such county court to submit such proposition accordingly at the next succeeding general State or county election, and if such proposition is not adopted at such election, the same shall in like manner be submitted to a vote of the electors of such city by such county court upon like application at any general State or county election thereafter, and an order shall be entered of record in such county court submitting such proposition as aforesaid. If one thousand shall exceed one-eighth of the legal voters of any such city voting at the last preceding election, then such petition or application need not be signed or made by more than one-eighth of the legal voters of such city voting at the last preceding election. [§ 155, ch. 46, R. S. 354-. County judge — notice of election — blank forms — duty OF COUNTY CLERK — PENALTY — EXPENSES.] § 2. The judge of SUch county court shall give at least 60 days' notice of such election by publishing such notice in one or more newspapers published within such city, for at least five times, the first publication to be at least 60 days before the day of election ; and if no newspaper is pu blished in such city, then by posting at least five copies of such notice in each ward 60 days before such election; and such court shall enter an order directing the county clerk to prepare the necessary blank re- turns for the use of the judges of election, substantially in the fol- lowing form: "At an election held in the precinct of the ward in the city of in the State of Illinois, on the day of in the year A. D. the following vote was cast for and against city election law. to-wit : For city election law votes. Against city election law, votes. Certified by ns: A. B., CD.. E. P., Attest: Judges of Election. G. H.. L J., Clerks of Election." Also to prepare separate tally sheets with appropriate headings. And it shall be the duty of such county clerk to deliver to the judges of all the precincts in such city at such election proper tally 110 sheets and blank statements of returns of votes cast for and against such proposition at such election. And it shall be the duty of the said judge of the county court to supervise and direct such matters and see that they are properly done. Said judge of the county court shall also prepare directions to the judges and clerks of election as to the manner of canvassing the votes for and against such proposition, keeping tally thereof and making returns of the votes as to such proposition, in accordance with the provisions of this article; also informing them therein of the penalties of the law imposed upon the judges and clerks for any re- fusal or neglect pertaining to their duties, and such judge of the county court shall deliver such directions to the county clerk direct- ing him to have them printed and sent out to such judges and clerks. And it shall be the duty of such county clerk to obey such instruc- tions. And it shall be the duty of the county clerk to do and cause to be done all things required of him by this article, and for a failure to perform such duties he shall, on conviction, be sentenced to the county jail for not less than six months nor more than 12 months, and shall also be removed from his office by the court in which such conviction shall be had. The county shall pay all expenses connected with such election. [§ 156, ch. 46, K. S. 355. Form of ballots.] § B. At such election the ballots, so far as they relate to this act, shall be written or printed in the fol- lowing form: "For city election law" or "Against city election law." [§ 157, ch. 46, R. S. 356. Ballots — how prepared and what to contain.] §4. The ballot upon such proposition in the form aforesaid must be printed or written at the bottom of the ticket containing the names of can- didates for public offices at such election who are voted for by any elector. But if any elector desires to vote upon such proposition and does not desire to vote for any candidate for any public office, he may vote a ballot prepared as aforesaid, without the name of any candidate being thereon; but he can not by one ballot vote for or against such proposition, and then by another ballot vote for any candidate for any office at that election. If any one shall vote a ballot which shall contain no reference to such proposition, or if both forms of ballot, viz: "For city election law" and "Against city election law" be upon the same ticket unerased, such ballot shall not be counted for or against such proposition. [§ 158, ch. 46, R, S. 357. Ballots — how canvassed.] § 5. The judges of such election shall canvass the ballots so cast for or against such proposi- tion. They shall count in favor of said proposition all ballots, "For city election law" and they shall count against such proposition all ballots, "Against city election law." [§ 159, ch. 46, R. S. 358. Manner of canvass — announcing result.] § 6. Such canvass shall be made by such judges in the following manner: Before the name or names of any candidate on any ballot shall be canvassed, one of said judges, the other two sitting on either side of Ill him and observing the canvass, shall separate all the ballots cast in such precinct into three piles or files, putting together in the first pile all those containing the phrase, "For city election law," and putting together in the second pile all the ballots containing the phrase, "Against city election law," and putting together in the third pile all the other ballots of every description. One of said three judges shall then count the first pile of ballots in batches of ten, and when one batch is counted, shall pass the same to the next judge, who shall count the same and pass it to the third judge, who shall also count it, and when the three shall have finished the count of the ten ballots, the last judge shall announce in a loud voice the result, "Ten votes for city election law," when the tally clerk shall tally ten votes accordingly on each tally sheet for city election law, and so the whole pile shall be counted, and before counting the sec- ond pile the clerk shall announce the result or number so entered and credited, "For city election law," and then the second pile shall be counted in the same way in batches of ten, and the result tallied and announced in the same way "Against city election law." And thereupon it shall be the duty of each of said judges in turn to an- nounce in a loud voice the result of the election in that precinct upon that proposition. No ballots shall be counted for or against such proposition unless it be in the form herein prescribed; no ac- count is to be kept of the the third pile of ballots as fo such propo- sition. [§ 160, ch. 46, K. S. 359. When no tally sheets — duty of judges.] § 8. If no tally sheets shall be furnished to the judges and clerks of any pre- cinct relating to such proposition, such clerks shall use any piece of paper containing the headings written out by either of them: "For city election law," and "Against city election law," and tally the vote thereon opposite the respective headings as announced to them ; and if no blank statements of returns relating to such proposition be provided or furnished to them, then it shall be the duty of said judges and clerks to write out a return in triplicate, in substance in accordance with the form found in section 2 of this article. [§ 161, ch. 46, R. S. 360. Manner of making returns.] § 8. After ascertaining and announcing the result as aforesaid, such judges shall make, fill up and sign triplicate returns or statements of the votes cast for and against such proposition as aforesaid, in the form found in section 2 of this article. Each of which shall be attested by the election clerk, and each of which shall then be enclosed and sealed in an en- velope, one of which shall be on the outside addressed to the judge of the county court, one to the clerk of the county court, and one to the comptroller of such city, or to the officer whose duties correspond with those of the comptroller. Upon each of which statements shall be endorsed "city election law returns." In the same manner the tally sheets shall be signed by said judges and clerks, and shall be enclosed and sealed in separate envelopes, one of which shall be ad- dressed to the county judge and one to the city clerk; upon both of said envelopes shall be endorsed "city election law tallies." On the outside of each envelope shall be endorsed whether it contains a 112 statement of the votes cast or the tallies, and for what precinct and ward. After the envelopes respectively containing such returns and tallies are closed and sealed, the judges of election shall each write across the folds of such envelopes their names, and thereupon each of said judges of election shall take one of said returns, and each of said election clerks shall take one of said tallies and shall deliver, each one respectively, to the person or officer to whom addressed, by noon of the next day, and when delivered he shall receive a receipt therefor from the officer to whom delivered, and it shall be the duties of sach officers to give such receipts and to safely keep such envel- opes unopened until called for by the canvassing board herein pro- vided, [§ 162, ch. 46, R. S. 361. Special watchers op canvass, J § 9. At the canvass of the ballots in any precinct in any city where _ such proposition has been submitted, it shall be the duty of such judges of election, on request, to admit to the room two electors of the ward who voted in favor of such proposition and two who voted against it, as special watchers of such canvass; and said judges and the police officer or other officer of the law present shall protect such watchers and see that they are not excluded, and at the time of such canvass of the ballots cast for or against such proposition such watchers shall be entitled to a position where they can plainly see and read each bal- lot, and it shall be the duty of such judges to grant and protect them in such position. [§ 163, ch, 46, R. S. 362. Canvass bt county judge, etc. — deolaeinq result — when OPERATIVE.] § 10. On the sixth day after such election the judge of the county court shall call to his assistance two well known elec- tors of integrity and character, one of whom voted for and one of whom voted against such proposition, who shall constitute the can- vassing board to canvass the returns and votes so cast for and against such proposition. Such canvass shall be conducted in public in the room usually occupied by such county court. The envelopes con- taining all the returns and all the tally sheets shall, upon the demand of the judge of the county court, be delivered to said board by the officers, so having either of them in his posession. Thereupon the same shall be opened in order and the vote on such proposition ascertained and announced. All of such returns and tallies may be used in ascertaining the result, and when, in the opinion of said board, any doubt exists as to what the actual vote was which was cast for or against such proposition in any precinct, or upon the written application of two persons who were at such canvass and who shall make oath that they believe that the returns of the said judges of election as to such proposition are not correct, said county judge shall demand of and receive possession from such county clerk the ballots so cast in such precinct at such election, and it shall then be the duty of said board to open the envelope containing said ballots and to recount the same, and to hear evidence of any person present at such precinct canvass touching the same; and, thereupon, said board shall announce and declare the vote cast for and against such proposition in such precinct, which shall be conclusive as to the bal- lots so cast; and, thereupon, the said judge of the county court, so 113 having received possession of such ballots, shall again place them upon a string or twine and place them in the same envelope, or an- other with like endorsements, and seal the same, and shall write across the face thereof, "Opened by the county judge," and sign his name thereunder, and shall then return such ballots to the possession of the county clerk. Said returns and tallies shall also be returned to the officers from whom received, who shall safely keep the same for six months, and then destroy the same if there be no contest. At the completion of the canvass of all the precincts in such city, the total number of votes cast for and against such proposition in the various precincts ascertained as aforesaid shall be added to- gether by said board, who shall then declare the total result; there- upon said county court shall enter an order declaring the number of votes so ascertained cast for, and the number of votes cast against such proposition, and if such proposition shall have received a ma- jority of the votes cast for and against the same at such election, the court shall, by its order, declare this act adopted. And it shall be the duty of such county judge to file a copy of such order in the office of the Secretary of State, and thereupon this act shall become operative and binding, and the law for all elections in such city, and for the electors thereof, and all courts and other persons shall take notice thereof. [§ 164, ch. 46, R. S. 363. Judge or olekk — neglect op duty — penalty — opening EETUKNS, etc.] § 11. Any judge of election or clerk of election who shall wilfully neglect to perform any duty imposed upon him by this article, shall be deemed guilty of a felony, and, upon conviction, be imprisoned in a penitentiary for not less than one year and not more than three years. Any judge of election or clerk of election who shall wilfully open, change, tear, mutilate, lose or conceal or wilfully cause or permit to be opened, changed, torn, mutilated, lost or concealed any return of votes cast for or against this act, or any tally sheet of votes so cast for or against such proposition after the same has been sealed up and delivered to him to be carried and de- livered to the officer of law required by this act to receive the same shall be deemed guilty of a felony, and upon conviction shall be im- prisoned in a penitentiary for not less than three nor more than five years. [§ 165, ch. 46, R. S. 364. Stealing ob mutilating returns, etc.— penalty.] § 12. Any officer having possession of such returns, tallies or ballots, who shall steal, counsel or assist in stealing, or who shall change or mu- tilate any return or tally sheet relating to such election, shall be deemed guilty of a felony, and, upon conviction, shall be imprisoned in a penitentiary not less than five nor more than ten years. [§ 166, ch. 46, R. S. 365. Offenses governed by law op the state.] § 13. All other offenses pertaining to the conduct of any election under this article shall be governed by the laws of the State not inconsistent herewith. [§ 167, ch. 46, R. S. 366. [Adoption OF THIS LAW BY VILLAGE or town.] §14. Any village or incorporated town in this State may adopt this act in. 114 like manner, and the same shall be submitted to a vote of the people of the said village or town upon written application to said county- court of 500 electors in such village or town. [§ 168, ch. 46, R, S. 367. Etfect OP ADOPTION OP THIS AOT.] §15. After and from the time of the adoption of this act, as aforesaid, the provisions of the same shall be applicable to such cities, villages or towns, and all laws in conflict therewith shall no longer be applicable to such cities, villages or towns. But all laws or parts of laws not inconsistent with the provisions of this act shall continue in force and be appli- cable to any such city, village or town, the same as if this act had not been adopted. [§ 169, ch. 46, R. S. Article II. 368. Creation OP BOAED OP ELECTION oommissjonees — teem of, ETC.] § 1. In every city, village and incorporated town so adopting this act there shall be created a board of election commissioners, which shall be composed of three members, each of whom shall be. designated as an election commissioner, and shall be appointed by the county court in the county in which such city, village or incor- porated town shall be located. And such appointment shall be en- tered of record in such court, and when qualified such commissioner shall be an oflBcer of such court. The first appointment of such com- missioner shall be within sixty days after the adoption of this act, and those first appointed shall hold their offices for the period of one, two and three years, respectively, and the judge appointing them shall designate the term for which each one shall hold his office, whether for one, two or three years. If the office of either commis- sioner shall become vacant, it shall thereupon be the duty of such county court to appoint a successor for such unexpired term; after the expiration of the term for which each commissioner is appointed, such court shall, in the same way, nominate and appoint a successor, who shall hold his office for the period of three years, and until his successor is appointed. [§ 170, ch. 46, R. S, 369. Commissioners — how selected — qualifications of — va- cancy.] § 2. Two of such commissioners at least shall always be selected from the two leading political parties of the State, one from each of such parties, and all shall be legal voters and householders residing in such city, village or incorporated town, and be men of well known political convictions and of approved integrity and ca- pacity. No commissioner can hold any other public office. When- ever it shall come to the knowledge of such judge of the county court that one of the leading political parties of the State is not repre- sented upon such commission by a person of the same political faith, he shall at once remove one of such commissioners and fill the va- cancy with a member of the leading political party not so repre- sented. [§ 171, ch. 46, R. S. 370. Removal on complaint — ground of. J § 3. Such judge of the county court may at any time, upon complaint made and cause shown satisfactory to him, after notice to such commissioner and an 115 opportunity to be heard, remove any such commissioner and enter of record in the court such order of removal, and there shall be no appeal from such order. Such complaint must be signed and sworn to by at least 25 legal voters of such city, village or incorporated town, and must state the grounds of such complaint. [§ 172, ch. 46, R. S. 371. Organization of boaed — officers — oath — official bond — office — BOOKS, ETC.] § 4. Within twenty days after such first appointment shall be made, such commissioners shall organize as a board by electing one of their number as chairman and one as secre- tary, and they shall perform the duties incident to such oflBces. And upon every new appointment of a commissioner, such board shall reorganize in like manner. Each commissioner, before taking his seat in such board, shall take an oath of office before such county judge, which in substance shall be in the following form: "1, do solemnly swear tor af&rm) that I am a citizen of the United States, and have resided In the city of . In the State of Illinois, for a period of ten years last past, and that I am a legal voter and householder in said city and State. That I will support the Constitution of the Unites and of the State of Illinois, and the laws passed in pursuance thereof, to the best of my ability, and will faithfully and honestly discharge the duties of the ofSce of the election commissioner for said city." Which oath, when subscribed and sworn to before such judge, shall be filed in the office of the county clerk of said county and be there preserved. Such commissioner shall also, before taking such oath, give an official bond in the sum of $10,000, with two securities, to be approved by said judge, conditioned for the faithful and honest performance of his duties and the preservation of the property of his office. Such board of commissioners shall at once secure and open an office sufficient for the purposes of such board, which shall always be kept open during business hours of every day, Sundays and legal holidays excepted. Upon the opening of such office the county clerk of the county in which such city, village or incorporated town is situated shall, upon demand, turn over to such board all reg- istry books, poll books, tally sheets and ballot boxes heretofore used and all other books, forms, blanks and stationery of every description in his hands in any way relating to elections or the holding of elec- tions within such city, village or incorporated town. [§ ITS, ch. 46, R. S. 372. Board to provide ballot boxes, etc.] § 5. Such board shall provide all necessary ballot boxes and all registry books, poll books, tally sheets, blanks and stationery of every de- scription with printed headings and certificates, necessary and proper for the registry of voters and the conduct of such election, and for every incidental purpose connected therewith. [§ 174, ch. 46, R. S. 373. Chief clerk — powers and duties of.] 8 6. Said board shall have the right to employ a chief clerk who shall have charge of the office of said board and who shall be present and in attendance at all proper business hours. Such chief clerk shall take an oath of office before such county judge, to the effect that he will honestly and faithfully perform all the duties of such office, under the direc- tion of said board, which shall be preserved in the same way, and he 116 shall be under the direction of said board, and he shall have the right to administer all oaths required under this act to be adminis- tered by either of said commissioners. Such additional assistance may be employed by said board from time to time, as may be neces- sary, with the consent and approval, previously entered of record by said county court or which may afterwards be approved by such court. [§ 175, ch. 46, K. S. 374. Commissioners to establish election peecincts — sizeop.] § 7. It shall be the duty of said board of commissioners, within two months after its first organization to divide said city, village or in- corporated town into election precincts, which shall contain as nearly as practicable 300 ' actual voters, and in making such division and establishing such precincts such , board shall take as a basis the poll books, or the number of votes cast at the previous presidential election. Within 90 days after each presidential election, such board shall revise and rearrange such precincts on the basis of the votes cast at such election, making such precincts to contain, as near as practicable, 300 actual voters, measured by the vote of such elec- tion, but at any time and in all instances where the vote cast at any precinct, at any election, equals 450, there must be a re-arrangement so as to reduce the vote to the standard of 300 as near as may be. The precincts in each ward, village or incorporated town shall be numbered from one upwards, consecutively. [§ 176, ch. 46, R. S. 375. Geneeal registeation of voters.] § 8. After the first organization of such board of commissioners, it shall prepare for a new and general registration of voters for the next general city or village election, or general State or county election, as the case may be, and when made such registry shall be continued and revised in the manner hereinafter provided. [§ 177, ch. 46, R, S. 376. Judges AND OLERKS— APPOINTMENT and qualifications op.] § 9. Said board of commissioners shall, at least sixty days prior to such election, select and choose three electors, who shall be house- holders, as judges of election for each precinct in such city, village or incorporated town. They must be citizens of the United States and entitled to vote in the ward, village or incorporated town in which such precinct is located at the next election, and they must be men of good repute and character, who can speak, read and write the English language and be skilled in the four fundamental rules of arithmetic, and they must be of good understanding and capable; they must reside in the precinct of the village, city or incorporated town at which they are selected to act, and they must not hold any office or employment under the United States, the State of Illinois, or under the county, city, village or town in which such election is to be held, and they must not be candidates for any office at the next ensuing election. Two clerks of election shall be selected within the same time by said board, who shall possess the same qualifications as the judges, except that they need not be householders. Being a notary public shall be no disqualification for judge or clerk. [8 178, ch. 46, R. S. 117 377. Notice — examination — confiemation — kegistbations — EXEMPTIONS — refusal TO SEKVE — PENALTY.] § 10. Each and every person so selected by the board of election commissioners shall be notified of the fact of his selection, with direction to appear within the time fixed in the notice before such board for the purpose of examination, and if upon examination he is found qualified he shall, unless excused by such commissioners by reason of ill health or old age, be bound to serve as such officer for the term of one year if his appointment shall be confirmed by the county court. Said commissioners shall keep books in which shall be written down the names of all such judges and clerks agreed upon before such notifi- cation to appear before them, and if, when they appear, they shall be rejected for want of qualification7 such fact shall be noted on said books opposite their names; and if excused on the ground of ill health or old age, such fact shall be noted; in like manner also, if they do not appear for examination, such fact shall be noted. No person shall be compelled to serve as judge or clerk for three years after the expiration of his term or service. The judges and clerks of election shall be exempt from jury duty during the term of their service and for two years thereafter. In case such person so selected and noti- fied to appear for examination shall not appear before such board as required, or if he does appear and shall refuse to serve he shall for- feit not less than |100 nor more than |300, unless it shall appearthat he is not qualified for such service for any reason herein stated. [§ 179, ch. 46, E. S. 378. Appointment and removal of judges and olerks.] § 11. In the selection of judges of election, at least one judge shall be selected from one of the two leading political parties or organiza- tions of the State to serve in each precinct, and one clerk of election shall be selected from each of the two leading political parties of the State to serve in each precinct. Each of the commissioners shall have a veto upon the proposed selection or nomination of any judge or clerk, and if, in any instance, in consequence of such veto, the board can not agree upon such appointments, then the names of six persons who are eligible shall be selected for judge or clerk, as the case may be, by the commissioner or commissioners belonging to the leading political party entitled to be represented by such judge or clerk, and out of said six names the other commissioner or commis- sioners representing the other leading political party of the State, shall select the name of such judge or clerk, who, when so selected, shall be the judge or clerk, if otherwise eligible, if he will serve or shall not be excused for cause, and if he shall be confirmed by the county court. In case the persons so selected for judges or clerks do not appear for examination on notification, then some other persons shall be selected and notified as aforesaid, until some eligible per- son is found who will serve. In all cases where the parties aforesaid do not appear and be examined, or if they do appear and refuse to serve, it shall be the duty of the commissioners, by the corporate name of the board of commissioners of elections, to prosecute such persons for such forfeiture above provided, and collect and pay over the same into the county treasury, and the failure of such board of 118 commissionera of election, or either of them, to prosecute such per- sons shall be sufficient cause for removal from office, and when es- tablished, the county court shall so remove such commissioner or commissioners from office. [§ 180, ch. 46, R. S. 379. Judges and clerks to be selected from the different POLITICAL PARTIES.] § 12. The leading political party represented by minority of all the commissioners in said board shall be entitled to one of the judges and one of the clerks in each precinct with an even number, and two of the judges and one of the clerks in each precinct with an odd number, and the other leading political party shall be entitled to two judges in the even and one judge in the odd number precincts, and also shall be entitled to one clerk in each pre- cinct, and it shall be the duty of such commissioners to observe this division in all respects in making such appointments. If there should be three political parties represented in said board of commissioners, then each of such parties shall have one representative as judge in each precinct, as far as practicable, to be selected under some rule to be adopted by such board, and if there be not three political parties represented on such board, yet if there be a third political party in such city, respectable in numbers, said commissioners may, in their discretion, select a judge from said party for each precinct, if a proper person to such position can be found, in such manner as said board may agree upon. f§ 181, ch. 46, R. S. 380. Selection of judges and clerks to be returned to county court — confirmation — vacancy — how filled — removals.] § 13. After the judges and clerks are selected and have agreed to serve, then a report of such selections shall be made and filed in the county court, and application shall then be made by said board to said court for their confirmation and appointment, whereupon the county court shall enter an order that cause be shown, if any exists, against the confirmation and appointment of such persons so named, on or before the opening of the court on a day to be fixed by the court. And said board of commissioners shall immediately give notice of such order and the names of all such judges and clerks so reported to such county court for confirmation, and their residence and the precinct for which they were selected, l3y causing the same to be published in one or more newspapers in such city, village or incorporated town, and if no newspaper be published in such city, village or incorporated town, then by posting such notice in three of the most public places in such city, village or town, and if no cause to the contrary be shown prior to the day fixed, such appointments shall be confirmed by order entered by that court. If objections to the appointment of any such judge or clerk be filed within the time aforesaid, the court shall hear such objections and the evidence in- troduced in support thereof, and shall confirm or refuse to confirm such nominations, as the interests of the public may require. No reasons may be given for the refusal to confirm. If any vacancies shall exist by reason of the action of such board or otherwise, at any 119 time, the said board of commissioners shall further report and nom- inate persons to fill such vacancies so existing in the manner afore- said, and a court in the same way shall consider such nominations and shall confirm or refuse to confirm the same in the manner afore- said. Upon the confirmation of such judges and clerks, at any time, a commission shall issue to each of such judges and clerks, under the seal of such court, and appropriate forms shall be prepared by said board of commissioners for such purpose. After such confirmation and acceptance of such commission, such judges and clerks shall thereupon become officers of such court, and shall be liable in a pro- ceeding for contempt for any misbehavior in their office, to be tried in open court on oral testimony in a summary way, without formal pleadings, but such trial or punishment for contempt of court shall not be any bar to any proceedings against such officers, criminally, for any violation of this act. Where a vacancy shall occur so late that application to and confirmation by the court can not be had be- fore the election, then said board of commissioners shall make an appointment and issue a commission to such officer or officers, and when thus appointed such officer shall be considered an officer of the county court and subject to the same rules and punishment, in case of misbehavior, as if confirmed by said court, and any judge or clerk, however appointed, and at whatever time, shall be considered an officer of court, and be subject to the same control and punish- ment in case of misbehavior. Said board of commissioners shall have the right at any time, in case of misbehavior or neglect of duty, to remove any judge of election or clerk of election, and cause such vacancy to be filled in accordance with this act. The judges and clerks of election must be appointed and confirmed at least 35 days prior to the next election; if any vacancy shall occur or exist more than five days before election the judges or clerks appointed to such places must be confirmed by such court. Such commission- ers shall not voluntarily remove any judge or clerk within five days of such election, except for flagrant misbehavior, incapacity or dis- honesty. And the reasons therefor must afterwards be reported in writing to such court, and if such removal be willful and without cause, said commissioners shall be guilty of a misdemeanor under this act, and be subject to removal. [§ 182, ch. 46, R. S. 381. Judges and olekks shall be notified — official oath.] § 14. After the issue of a commission to such judges and clerks, they shall again be notified to appear at the office of said board, and shall then and there, after taking the oath of office, receive their commissions; said oath of office shall be taken before one of said commissioners or said chief clerk or some person designated by said board of commissioners and approved by said county court for that purpose, and who and when so designated and approved shall have the right to administer said oath in the name of and for said chief clerk, but the number of persons having the right to ad- minister said oath by reason of said designation and approval shall 120 not at any time exceed five, and the oath of office shall be in writ- ing and subscribed by each one, and shall be in substance as fol- lows: "I residine at in the city (villagre or town) of in the State of Illinois, do solemnly swear (or affirm) that I am a lesal voter (and a householder in case of a judge) in the ward of the city (villaKe or town) of in the State of Illinois: that I will support the laws and con- stitution of the United States, and of the State of Illinois, and that I will faithfully and honestly discharge the duties of the ofSce of judge (or clerk) of election and registration, forthe precinct of the ward of the city (viUae'e or town) of in the county of in the State of Illinois, according to the best of my ability." [§ 183, ch. 46, R, S. 382. Place of registry and polling plage in each precinct — NOTICE — POLICE oi'FiCERS. J § 15. It shall be the duty of said board of commissioners to appoint the place of registry and also the polling place in each precinct in such city, village or town, and to give pub- lic notice thereof, and shall cause the same to be fitted up, warmed, lighted and cleaned, but in each election precinct such place or places shall be in the most public, orderly and convenient portions thereof, and no building or part of a building shall be designated or used as a place of registry, or revision of registration, or as a polling place, in which spirituous or intoxicating liquor is sold. Said board of election commissioners may demand of the chief of police or sheriif, to furnish officers of the law to attend during the progress of any registration, revision or election, at any place or places of registration, or any polling place, or places, designated by said commissioners, or to attend at any meeting of said commission- ers. Said officers of the law, so furnished by said chief of police or sheriff, shall be stationed in the place or places of registration and polling place or places in such manner as said commissioners shall direct, and during said assignment shall be under the direction and control of the election commissioners, [§ 184, ch. 46, R, S. 383. Names of penitentiary convicts — persons pardoned.] § 16. It shall be the duty of the clerk of any court where parties are tried or convicted of penitentiary offenses in the county where such city, village or incorporated town is located, to furnish monthly to such board of commissioners the names of all parties convicted or sentenced for any crime, the punishment of which is confinement in the penitentiary, and their place of residence if such fact be in the possession of such clerk. It shall be the duty of the G-overnor of the State, on or before the first day of October in each year, to furnish to such commissioners of election the names of all persons pardoned by him out of the penitentiary for any crime of which such party was convicted in a court in a county where said city, village or incorpo- rated town is located. [§ 185, ch. 46, R. S. 384. Monthly reports of the dead.] § 17. It shall be the duty of the person or officer having charge of the vital statistics of any such city, village or incorporated town, to furnish to such board of election commissioners, monthly, a report of the names and previous residences of all male persons over 21 years of age that have died during the preceding month. [§ 186, ch. 46, R. S. 385. List of dead and criminals.] § 18. It shall be the duty of the board of election commissioners to cause to be arranged, as 121 nearly as possible, according to wards in cities, and election precincts in villages or incorporated towns, the names and the residences, or the former residences, of all such criminals, and of all such deceased parties, and to have the same printed by wards in cities, and election precincts in villages or incorporated towns, and furnish a printed list of the names of such persons whose residence was formerly in such wards or precincts to all the judges of election of such wards or pre- cincts when acting as a board cf registry, for their guidance, and when they shall be advised that a person convicted of a crime has been pardoned, such fact shall be noted opposite his name. Such list shall be arranged alphabetically, [§ 187, ch. 46, R. S. 386. Notice op registkation.] § 19. It shall be the duty of such board to give timely notice through the press of the time and place of registration and election in each precinct of such city, vil- lage or incorporated town; and they shall also cause the printed list and supplement of the registration for the previous election to be posted up at the place of registration, two days before such registra- tion, with a printed notice of the time and place of the next registra- tion. This to be obligatory only after the first registration under this act. [§ 188, ch. 46, R. S. 387. Rules and regulations — charges of election.] § 20. Said board of commissioners shall make all necessary rules and regu- lations, not inconsistent with this act, with reference to the registra- tion of voters and the conduct of election; and they shall have charge of, and make provision for, all elections, general, special, local, municipal, State and county, and of all others of every description, to be held in such city or any part thereof, at any time or in such village or incorporated town as the case may be. [§ 189, ch. 46, R. S. 388. Election laws — holidays.] §21. The days upon which the general. State, county or city elections shall hereafter be held in such city, village or incorporated town, shall be holidays, and shall for all purposes whatever as regards the presenting for payment or acceptance and of protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes and as regards days of grace upon commercial paper, be treated and considered as is the first day of the week, commonly called Sunday. [§ 190, ch. 46, R. S. 389. Selection of judges and clerks. J § 22. At least sixty days prior to the next election occuring immediately after the ex- piration of the term of office of said judges and clerks, said election commissioners shall cause judges and clerks of election again to be selected, who shall be selected, appointed and commissioned in the same way, according to the same forms and subject to the same qualifications and limitations as required for the selection and ap- pointment of such officers in the first instance hereunder. [8 191, ch. 46, R. S. 390. Appointment of canvassers — duties op — refusal to give information — penalty.] §23. At every election, each of the political parties shall have the right to designate a canvasser for each election precinct who may make a canvass of the precinct in which he is appointed to act, not less than twenty (20) nor more than thirty-one 122 (31) days previous to such election, for the purpose of ascertaining the names and addresses of the legal voters residing in such precinct. And authority signed by the chief clerk of the board of election commisioners, shall be sufficient evidence of the right of such can- vasser to make a canvass of the precinct in which he is appointed to act. The chief clerk of the board of election commissioners shall issue such certificate of authority to any person designated in a written request signed by the recognized chairman or presiding officer of the chief managing committee of a political party in such city, village or incorporated town ; and a record shall be kept in the office of the election commissioners of all appointments of such can- vassers. If, in making such canvass, any person shall refuse to answer questions and give the information asked for and known to him or her, such person shall be deemed guilty of a misdemeanor under this act, and shall be liable to a penalty not exceeding $100, and any person willfully and knowingly giving false information in answer to questions of such canvasser, shall be liable to a penalty not exceeding |100. [§ 192, ch. 46, R, S. 391. LaNDLOED, etc., to file statement — WHAT TO CONTAIN — PENALTY.] § 24. The landlord, keeper or manager of every lodging house, boarding house, inn, hotel or tavern in such city, village or incorporated town shall, not less than twenty-eight (28) nor more than thirty (30) days prior to every election, file with the election commissioners a written statement, sworn to by him, giving the full name of every person residing in hia lodging house, boarding house, inn, hotel or tavern, the period of the continuous residence of such person ending at the date of such statement, the number of the room, bed or cot that such person occupies, and the period for which such person engaged board or lodging, and such other information as the election commissioners may, by due regulation designate. Any land- lord, keeper or manager of any lodging house, boarding house, inn, hotel or tavern, neglecting or failing to comply with the provisions of this act, shall be deemed guilty of a misdemeanor and shall be liable to a penalty not exceeding $100, nor less than $25. [As amended by act approved May 10, 1901. In force July 1, 1901. L. 1901, p. 169; § 193, ch. 46, R. S. 392. Landlord or manager failing to file sdoh statement — PENALTY.] § 25. Any landlord, keeper or manager,^of any such lodging house, boarding house, inn, hotel or tavern, who shall fail or neglect to file such statement, as in this act provided, may, upon written information of the attorney for the election commis- sioners, be cited by the election commissioners, or upon the com- plaint of any voter of such city, village or incorporated town, to appear before them and furnish such sworn statement and make such oral statements under oath, regarding such lodging house, boarding house, inn, hotel or tavern, as the election commissioners may re- quire. The election commissioners shall sit to hear such citations on the Friday of the fourth week preceding the week in which such election is to be held. Such citation shall be served not later than 123 the day preceding the day on which it is returnable. [As amended by act approved May 10, 1901. In force July 1, 1901. L. 1901, p. 170; § 194, ch. 46, R. S. Article III. 393. Board of registry.] § The judges of election shall con- stitute the board of registry in the precinct for which they shall be appointed. [§ 195, ch. 46 R. S. 394. Who entitled to vote.] § 2. Every person having re- sided in the State one year, in the county 90 days, and in the elec- tion precinct 30 days next preceding any election therein, who was an elector in this State on the first day of April, in the year A. D. 1848, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, 1870, or who shall be a male citizen of the United States above the age of 21 years, shall be entitled to vote at such election, [§ 196, ch. 46, R. S. 395. Meeting op board op registry — registry books — con- trol op. J §3. Such board of registry and the election clerks shall meet in the precinct on Tuesday, three weeks preceding the first general city, village or town election, or the first general State or county election, which may occur after the first appointment of such board of election commissioners, at the place designated by such board of commissioners, and they shall then proceed to make a gen- eral registration of all the voters in such precinct. A new general registration shall be made by the board of registry in every year in which a congressional election occurs, and just prior thereto, the first day of such registration being on the Saturday immediately preced- ing the Tuesday four weeks before such election, and the second day of registration being on Tuesday three weeks before such election. Three registry books shall be furnished to such board of registry by the board of election commissioners for the purpose of such regis- tration, and two of such books of registry shall be prepared sub- stantially in the following form: 124 REGISTER OF VOTERS. Name. Nativity. Teem of Bbsidenoe. Age. i 1 1 Besidbnce. CQ 2 ■s 1 I a § a a o O 1 GO 1 S 1 210 Ohio St 205 Ontario St.... 160 Dearborn av. 131 Clark St Ames, Wm. J. Allen, John... Austin, Geo. . . Anchuler, C. Mass England.. Georgia... Germany.. 6mos.. 20 d'ys 3 days. 3mos.. 6 mos.. 3 mos.. 3 days. 3 years 2 years 3 years 5 years 6 years 10 years 5 years. 6 years. 6 years . 25 years 7 years. 41 years 6 years. 25 years, 33 years . 41 years. 26 years. Yes.. Yes.. 125 PRECINCT WARD. Date of naturaliza- tion papers. Court. o O «w o 1 >> i 1 OS a Date of application for papers. Residence— when last registered. '6 i 3 a- n '3 >> .£3 Re- stored . 13 U £ "3 O > 09 li ID 1 m a s o o Remarks. May 27,1871. Jnly 1,1863} Superior.N.Y Not known . . . Baltimore Yea.. Yes.. No .. Yes.. Oct. 6,1886.. Oct. 6,1885.. Oct. 12.1885. Oct. 12,1885. 240 Ohio 3t April, 1885 2500 Fifth av.... April, 1885 230 W. Adams st April, 1885 First Reg 211 Ontario stree 2 months 126 One registry book, which shall be denominated "public register" on the outside or on the first page, shall be prepared in such a man- ner as to contain only the two columns headed ''residence" and "name." No other entries shall be made in the public registry, ex- cept the statements of the names and residences of persons registered. Said board of registry shall then proceed as follows: First — They shall open the registry at 8 o'clock a. m. and continue in session until 9 o'clock p. m. on the first day. One of the judges shall administer to all persons who shall personally apply to register, the following oath or affirmation: "You do solemnly swear (or affirm) that you will fully and truly answer all such ques- tions as shall be put to you touching your place of residence, name, place of birth, your qualiflcations as an elector, and your rieht, as such, to register and vote under the laws of this State." Second — Each of said clerks of election, and one of said judges of election, shall have charge of the registry books, and shall make the entries therein required by this act, and one of the judges shall ask the questions as to qualifications, and after he is through, either of the judges may ask questions. As many questions may be asked by any judge as may be deemed necessary to fully determine the quali- fication of the applicant to register, and any answer that is deemed material and that is not in response to a question provided for on the register, may be stated in the column headed "remarks." One of the judges of election may, when necessary, relieve one of the clerks, from time to time, as necessity may seem to demand, in making en- tries in said book. Third — The name of every applicant shall be entered in such reg- istry books, and all the facts shall be therein stated, as hereinafter provided, whether he be entitled to vote or not. If it shall be de- termined by the board that he is not a qualified voter in such pre- cinct, then an entry shall be made in the appropriate column, "No," and if qualified, an entry shall be made in the same column, "Yes." Fourth — Only such male persons of the age of 21 years, residing in such precinct, as apply personally for registration, shall be entered in such registers; but every applicant who would be 21 years of age on the day of the next election, if otherwise qualified, shall be en- 127 First — Under the column "Residence" the name and number of the street, avenue or other location of the dwelling, if there be a definite number, and if there shall not be a number, such clear and definite description of the place of such dwelling as shall enable it to be readily ascertained. If there shall be more than one house at the number given by the applicant as his place of residence, state in which house he resides. And if there be more than one family re- siding in said house, either the fioor on which he resides, or the number, or location of the room or rooms occupied by him, whether front or rear; every fioor below the level of the street or ground being designated as the basement; the first floor above such level being designated as the first fioor and each floor above that as the second or such other floor as it may be. If there shall be a flat building or an apartment house at the number given, state the num- ber of the flat or apartment, as the case may be, in which he resides. Second — Under the column "Name," the name of the applicant, writing the surname first, and given or christian name after. Third — Under the column "Nativity," the State, country, king- dom, empire or dominion, as the fact stated by applicant shall be. Fourth — Under the sub-division of the general column "Term of Residence," the periods by days, months or years stated by the ap- plicant respectively, as to "At Present Address," "Precinct," "Coun- ty," "State," and ""United States." Under the sub-division headed "At Present Address," the term of applicant's residence at the street and number given, and if that period is less than 80 days prior to the day of election then the ap- plicant shall state at what location in the same precinct he resided immediately prior thereto, and the length of time, which statement shall be entered in the column headed "Remarks." Fifth— Under the column "Age," the age of applicant. Under "Naturalized," the word "Yes," according to the fact stated. Sixth — Under the column "Date of Papers," the date of naturali- zation, if naturalized, or about the date. Seventh — Under the column "Court," the designation of the court in which, if naturalized, such naturalization was had; and, if the name of the court can not be had with certainty, then the name of the place in which such court was located. Eighth — Under the column "By Act of Congress," the word "Yes," in case such person, though foreign born, has been made a citizen by act of Congress, without taking out his naturalization papers. Ninth — Under the column "Qualified Voter," and word "Yes," or "No," as the facts shall appear, or be determined by a majority of the board of registry, it being, however, required of them to desig- nate as a qualified voter any male person who, if otherwise qualified, shall not, at the time of making application, be of age: Provided, the time when such applicant shall be of the age of 21 shall be subsequent to the date of his application, and not later than the day of election immediately following such time of applying; but no 128 applicant shall be designated as a qualified voter who having been challenged, has not filed with said board of registry his aflSdavit of qualification, according to the provisions of this act. Tenth — Under the column "Date of Application," the month, day and year when the applicant presented himself and was adjudged a qualified voter in election precinct. Eleventh — Under the column "Residence When Last Registered," the name and number of the street or avenue from which applicant was last registered, in the same city, village or town, and the month and year in which the election was held for which such registration was made. If the applicant has not previously been registered in said city, village or town, state "first registration." [As amended by act approved May 11, 1901. If force July 1, 1901. L. 1901, p. 199; § 197, ch. 46, R. S. 396. Signature of judges and oertifioate.J § 4. At the end of each day's registry or revision of registration, said judges shall each sign his name at the end of the list on each page, so that no new name can be added without discovery, and shall also sign a cer- tificate, as hereinafter provided, but before doing so, the said judges and clerks shall compare the three registers so kept and cause any differences to be corrected, and to make the same agree in all respects: Provided, that no additional statements shall be entered in the pub- lic register other than the names and residences of persons registered, and said judges shall then attach at the end of each register in sub- stance in the words and figures following: "We, the undersigned judges of election in precinct of the ward of the city of in the State of Illinois, do jointly and severally certify that at the gen- eral registration of electors in said election precinct on the day of there were registered by us in the said election precinct the names which in this book are entered, and that the number of registered and qualified voters was and is the number of "Dated " [§ 198, ch. 46, R. S. 397. Register to be hung up— writ of challenge — affi- davit — application,] § 5. Said board of registry shall, by noon of the second day following such registry, hang up the register, which shall be known as the public register, at the place of registration. 129 of said election commissioners immediately. If said board of reg- istry shall deem such affidavit sufficient, and if the board is convinced that such person is a qualified voter, then he must be admitted to such register as qualified Blank affidavits of the character of aforesaid shall be sent out to the judges of all the precincts, and the judges of election shall furnish the same on demand and administer the oath without criticism. If any judge of election, poll clerk or or other person, when such applicant has been challenged, shall designate such person upon any of the registers as a qualified voter before he has made and filed with the board of registry the affidavit of the character aforesaid, such judge of election, poll clerk or other person shall upon conviction thereof, be adjudged guilty of a misde- meanor and shall be punished by imprisonment in the county jail for not less than ten (10) days nor more than sixty (60) days, or by a fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment. And any person claiming to be an elector of any election precinct in such city and who, upon application, is denied to [the] right to be registered as a qualified voter in such precinct, may make and sign an application in writing, under oath, to said board of election commissioners in substance in the following form : "I do solemnly swear that I did on make application to the board of registry of the precinct of ward, of the city of and that said board refused to register me as a qualified voter in said precinct, that I reside in said precinct, am a duly qualified voter and entitled to vote in said precinct at the next election." All such applications shall be presented to the board of election commissioners by the applicant, in person, between the hours of 9:00 o'clock a. m. and 5:00 o'clock p. m. on Tuesday or Wednesday of the second week prior to the week in which such election is to be held. [As amended by act approved May 11, 1901. In force July 1, 1901. L. 1901, p. 204; § 199, ch. 46, R. S. 398. Revision of eegistee — second meeting — ooekections, ETC. — COPT.] § 6. On Tuesday, three weeks preceding said city, village, town, State or county election, said board of registry shall again meet at the place designated, and said clerks of election shall meet with them, and they shall remain in session from 8:00 o'clock a. m. until 9:00 o'clock p. m., for the purpose of registering all quali- fied voters not before registered and who shall apply in person to be registered. The same form shall be observed as to applications made on the second day as are required on the first day of registry. At the end of such day's registration the said registers shall be ex- amined, compared and made to agree: Provided, that no additional statements shall be entered in the public register other than the names and residences of the persons registered, and they shall then be signed by the judges in the same way as at the end of the first day's registry, and similar certificates shall be attached thereto, The board of election commissioners shall furnish to the board of registry in each precinct a blank book, which shall be named "Veri- fication Lists," each page of which shall be ruled into three columns^ and shall be marked thus: —9 130 REGISTEKBD NAMES. Street Number. (Name) Street. Names. Such book shall contain pages sufficient to allow six pages for each street, avenue, alley and court in the precinct. During the progress of the registration or immediately thereafter, the clerks of said board shall transfer all the names upon the register to such "verification lists" arranging them according to the streets, avenues, alleys or courts, beginning with the lowest residence number and placing them numerically, as near as possible, from the lowest up to the highest number. They shall first write the name of such street, avenue, alley or court at the top of the second column and then pro- ceed to transfer the names to such "verification lists," according to the street numbers as above indicated. If, during either day of registration, any registered voter of the ward, village or incorporated town shall come before the board of registry and make oath that he believes that any particular person upon said registry is not a qualified voter, such fact shall be noted; , J „j!A„« i-l.^ „^ -.1„4-,- „« ,„i, .1 ;c I- T 3 131 Wednesday and Thursday following the second day of registration, if so much time should be required, said two clerks shall go together and canvass such precinct, calling at each dwelling place or each house where any one may reside in such precinct and each dwelling place as indicated upon said "verification lists," and if they shall find that any person upon their "verification lists" does not reside at the place designated thereby, they shall make a check mark or cross X opposite such name. Whenever deemed necessary by said canvassers, or either of them, he or they may demand of the superintendent, captain, lieutenant or other person having command of the police in such portion of the city, village or town, to furnish a policeman to accompany them and protect them in their duties, when necessary; and it shall be the duty of such superintendent, captain, lieutenant or other person having authority over such police in such locality, to furnish a policeman for such purpose, and in default thereof such superintendent, cap- tain, lieutenant or other person shall be deemed guilty of a mis- demeanor under this act, and shall be liable to a penalty not exceeding $100 nor less than $25. If, in making such canvass any person shall refuse to answer questions and give the information asked for, and known to him or her, and shall wilfully and knowingly give false information, or make false statements, such person shall be deemed guilty of a misdemeanor under this act, and shall be liable to a penalty not to exceed $100. In making such canvass said can- Tassers shall make special inquiry at the residences as designated in the registry and "verification lists" as to all the persons so registered as qualified voters and shall receive information from judges and party canvassers. [§ 201, ch. 46, R. S. 400. Canvass to be oompaebd in eegistek — names mat be erased — notice to persons not on list — duty op canvassers — PENALTY.] § 8. Immediately upon the completion of such canvass, said canvassers, or one of them, shall sign a notice and send the same through the United States mail, duly stamped, to the address given upon the registry and "verification lists," of all persons named therein against whose names they have made a cross or check mark, indicat- ing that they did not reside at such place as before stated, and also to the address of all persons against whose names said registry board or judge of election has placed a check mark or cross in such "veri- fication lists," which notice shall require such person to appear be- fore the board of registry upon the Saturday following, giving the time of such session, and to show cause why his name should not be erased from such registry. Proper blanks and postage stamps shall be furnished for the purpose to said canvassers by the board of com- missioners. A similar notice shall be also served by one of the said canvassers either at the time such canvass is being made or before the following Saturday, by leaving the same with the party, if found, or if he is not found at the place designated in such registry and "verification lists" by leaving the same at such address if there be such a place. Such notice, to be sent through the mail, must be mailed not later than 12 o'clock Friday noon of the week of such canvass. If sufficient postage stamps are not delivered to such can- 132 Tassers by said board for the purpose aforesaid, then any one may furnish such postage stamps to such canvassers for that purpose, or such canvassers may procure the same at their own expense and after- wards render an account therefor to said commissioners, duly sworn to, and it shall be the duty of the said commissioners to audit such account and cause the same to be paid, It shall be the duty of such commissioners upon application, to deliver to such canvassers postage stamps sufficient for the purpose aforesaid, when not delivered be- fore, and it shall be the duty of such canvassers, or one of them, to apply to said commissioners for such postage stamps, if sufficient number have not been delivered to them for the purpose aforesaid, and any willful neglect of said canvassers to make application for sufficient postage stamps, as aforesaid, and any willful neglect of such canvassers to mail the notice aforesaid to all of the parties checked and designated as aforesaid, and the willful neglect of such canvassers to leave the notice aforesaid at the place designated for such person so designated, and any willful neglect to check the name of any person on said "verification lists" transferred from the reg- istry as aforesaid and not found at the place designated, and any willful neglect to transfer all the names from the registry as aforesaid to such "verification lists" in the manner aforesaid, shall be deemed a misdemeanor, and such canvasser or canvassers shall be punished, upon conviction thereof, by imprisonment in the county jail for not less than one month nor more than one year, and such canvassers shall also be liable to be punished by the county court of the proper county as for contempt, and be fined not less than $50, or imprisoned in the county jail by such court for a period not exceeding one hun- dred days, or both, in the discretion of the court. And it shall be the duty of said board of election commissioners, when complaint is made to them, to investigate the action of such clerks or canvassers, and to cause them to be brought before such county court and to prosecute them as for contempt, and also, at their discretion, to cause them to be prosecuted criminally for such willful neglect of duty. [§ 202, ch. 46, R. S. 401. Third meeting op board — revision of register — no new NAMTT.S Tn Tim AHDWD TCRASTNft NAMTT.S WOTTriTS TO PAWTTWS PnWRRS 133 also file in the office of the election commissioners on or prior to i o'clock p. m. on the Friday previous to such revision, an exact dupli cate of such list and affidavit or affidavits. Blank affidavits shall b furnished by said commissioners for the purposes aforesaid; but i none are furnished, such canvassers shall cause the same to be drawn and they shall swear to such affidavit before one of the judges of sue! precinct. If either of said canvassers shall wilfully neglect and fai to make such affidavit, with the list aforesaid attached, he shall b punished in the same manner as last above provided, and if such affi davit shall be wilfully false, the maker thereof shall also be punishe( in the manner last aforesaid, and shall also be liable for perjury. If any person to whom such notice has been sent shall appear be fore the board of registry during the session, he shall make oath am sign an affidavit, in substance, as follows: "I do solemnly swear that I am a citizen of the United States, and that I have resided i the precinct of the ward in the city of and the count of and the State of Illinois, since the day of and that have never been convicted of any crime (or if convicted, state the time and when pardone by the governor of any State)." This affidavit shall be signed and sworn to before one of such boan of registry, and it shall be preserved and filed in the office of sai( election commissioners. Thereupon said board of registry shall fu3 ther examine him, and shall also swear such canvassers, and hea them upon the question, and they shall also have the power to sen( one or both of said canvassers to make further examination, and in quire at the place claimed by such person to be his residence, am again examine such canvassers touching the same ; and if, after sucl further examination and hearing, the majority of said board are o the opinion that such person is not a qualified voter in such precinci they shall mark the word "Yes" under the column of the registe marked "Erase" and shall also draw a line in ink under his name which memorandum, in case of any registration, shall indicate tha the name of such person is erased from the register, and such persoi shall not be entitled to vote unless his name be restored as hereinaf te provided. At the close of said session, if any person so notified ti •appear at such session has not appeared and shown cause why hi name should not be erased from such register, the same shall b erased in the manner aforesaid. Any person having appeared at sai( session and whose name has been so erased may make application ii writing under oath to the election commissioners upon the Tuesda; and Wednesday following such revision, between the hours of ' o'clock a, m, and 6 o'clock p. m., to be restored to such register. Eithe of said clerks shall have the power and right of both in the matter per taining to such canvass; but in case either refuses or neglects to gi and make such canvass, as aforesaid, then the other may make sud canvass alone. But a clerk who wilfully neglects to perform his dut; in making such canvass shall be deemed guilty of a misdemeanoi and on conviction shall be imprisoned in the county jail not exceed ing 60 days nor less than 30 days, and shall also be deemed guilt; of a contempt of court, and be punished accordingly as an officer o said county court. In case of temporary disability on the part o «ither canvasser or clerk, the judge who belongs to the same part; 134 may appoint a temporary clerk or canvasser, who shall belong to the same party, and administer to him the usual oath of oflBce, and he shall perform all the duties of the office until the disability of the regular clerk or canvasser is removed. The "verification lists," afore- said, after the final revision, shall be at once returned by the board of registry to the board of election commissioners. [§ 203, ch. 46, R. S. 402. Registers to be oompaked and oorkeoted — one to be HUNG UP, two returned — PRINTING REGISTER.] § 10. At the end of the last session above provided for, the said board of registry and said clerks shall compare and correct the three registers aforesaid and make them correspond and agree: Provided, that no additional statements shall be entered in the public register than the names and residences of persons registered, and said judges shall then, immedi- ately following the last name on each page of the register, sign their names so that no other names can be added without discovery, and shall add the certificate as provided at former sessions. And there- upon, and during the forenoon of the next day, said judges shall hang up the register, known as the public register, in the place of regis- tration for the use of the public, and shall return the other two reg- isters to the possession of the board of election commissioners; and thereupon, the board of commissioners shall at once cause copies to be made of such registers of all names upon the same with the ad- dress, not marked erased, and shall have the same arranged according to the streets, avenues, courts or alleys, commencing with the lowest number, and arranging the same in order according to the street numbers, and shall then cause such precinct register, under such ar- rangement, to be printed in plain, large type in sufficient numbers to meet all demands, and upon application a copy of the same shall be given to any person in such precinct. § 204, ch. 46, R. S. 403. Application to erase name — notice.] § 11. Any voter or voters in the ward, village or town, containing such precinct, may, between the hours of 9 o'clock a. m. and 6 o'clock p. m. of Monday and Tuesday of the week immediately preceding the week in which such election is to be held, make application, in writing, before such board of election commissioners, to have any name upon such regis- i-.av nf uTiTT nrftp.innf in f.liA -njorr^ Arnaorl TipTiinli nririlinnfinn aViall T^a in 135 be served at least one day before the time fixed for such party to show cause. Said commissioners shall also cause a like notice or de- mand to be sent by mail, duly stamped and directed, to such person, to the address upon said registry, at least two days before the day fixed in said notice to show cause. Any voter making such applica- tion or applications shall be privileged from arrest while presenting the same to the board of election commissioners, and while going to and returning from the board of election commissioners. [§ 205, ch. 46. R. S. 404. Docket of applications — notice — okder of business — EESTOBiNG AND ERASING NAMES. ] § 12. A docket of all applications to said commissioners whether such applications shall be made for the purpose of being registered, or for the purpose of erasing a name on the register, shall be made out in the order of the wards and pre- cincts. The commissioners shall sit to hear such applications be- tween the hours of 10:00 o'clock a. m. and 9:00 o'clock p. m. on the Tuesday, Wednesday and Thursday immediately preceding such election. At the request of either party to such applications, the commissioners shall issue subpoenas to witnesses to appear at such hearings, and witnesses may be sworn and examined by the commis- sioners upon the hearing of said applications. Each person appear- ing in response to an application to have name erased shall deliver to the commissioners a written answer, which shall be, in substance, in the words and figures following: "I do solemnly swear that I am a citizen of tlie United States; that I have resided in the State of Illinois since the day of and in the county of said State, since the day of and in the precinct of the ward, in the city of said county and State, since the day of and that I am years of aere; that 1 am the identical person registered in said pre- cinct under the name I subscribe hereto," This answer shall be signed and sworn to before one of the com- missioners, and it shall be preserved and filed in the office of the commissioners. They shall take up the wards and precincts in their numerical order, The decision of each application shall be an- nounced at once after hearing, and a minute made thereof, and when an application to be registered or to be restored to such register shall be allowed, the said board shall cause the same to be made upon the two registers of said precinct so in its possession. And where an application to erase a name shall be allowed, said board shall cause the same to be erased forthwith. [§ 206, ch. 46, R. S. 405. County couet — application to put name on or erase FROM REGISTER.] § 13. The county court of the county in which such city, village or incorporated town shall be located, shall, on Friday and Saturday of the week prior to the week in which such election is to be held, especially sit to hear such applications as shall be made to it to be placed upon the register in any particular pre- cinct. Such applications shall be sworn to, and shall state that the party making the same has applied to the board of registry of the precinct and to the board of election commissioners, and that one or both boards refused to place him upon such registry, or has stricken his name from such registry, as the case may be. Applica- tion shall be made on or before the opening of the court on the Fri- 136 day last aforesaid, and the court shall cause a docket of such appli- cations to be made out, arranged by wards and precincts, and the same shall be heard summarily and evidence may be introduced for and against such applications. Each case shall be decided at once on hearing, and the clerk of the court shall make a minute of the disposition of each application; a copy of such minute shall at once be given to said commissioners, who shall forthwith cause such names to be placed upon the appropriate register, and indicate that it was entered by order of court. After the entry of the applications, so allowed by said court, no further change shall be permitted, and the appropriate stamp prepared shall be aiExed to the end of each page of names in each precinct registered by said board of commis- sioners, Said books of registry so prepared shall, on the day prior to the election, be delivered to the judges of election, one only, how- ever, to be delivered to the judge or judges representing the same political party. No person admitted to the registry by order of such court or such board shall be protected by such order in case he should be indicted for false registration or false voting. [§ 207, ch. 46, R. S. 406. Refusal of application — appeal bond— evidence — keg- OED,] § 14. In case said county court shall refuse any such appli- cation, an order shall be entered accordingly on the Wednesday fol- lowing the session of the court held for the purpose aforesaid, and any person desiring to appeal from the said order may appeal to the Supreme Court of the State, if application be made therefor within five days after the entry of said order, and such appeal shall be al- lowed on the giving of an appeal bond in the penalty of $250, con- ditioned to pay the expenses of such appeal. The time for filing such appeal bond and certificate of evidence shall be fixed by the court, and upon presentation to the court of a certificate containing the evidence heard at such hearing, within the time fixed by the court, the court shall sign the same, and thereupon the same shall become part of the record in said cause. [§ 208, ch. 46, R, S, 407. Supplemental list to be printed and posted — deliv- ery op,] § 15. A supplemental list of all persons who have been registered by order of said board, or by order of such county court, and a supplemental list of all persons erased from such registry by order of said board of commissioners or of said county court, of sufficient quantity to accommodate each precinct, shall be printed by such board; and thereupon, on the day of election, said board shall cause to be posted up at each precinct where such election is to be held, the original printed registry and supplemental lists afore- said, and shall also cause a copy thereof to be delivered to each judge and clerk, and to all other persons of the ward, village or town de- manding the same. [§ 209, ch. 46, R. S. 408. General registration — forms — blanks and methods.] § 16. Every general registration shall be made in the same manner and in conformity with directions heretofore given. At every general registration every person desiring registration must appear in person and make application, under oath as in the case of the first regi&tra- 137 iion herein provided. The same form and blanks and methods o proceedings shall be had before and by the board of registry, and b; the canvassers and by and before the judges of election and electioi clerks, and by the board of election commissioners and county courl in every subsequent general registration as is directed herein for th first registration and election following the same. [§ 210, ch, 46, R. £ 409. When last general eesignatition shall be used- EEVISION OF — removal OF VOTER — CERTIFICATE — AFFIDAVIT.] § I'i At every election held in each city, village or incorporated towi between the general registration above referred to (except in case o a special election in and for such city, village or town, or in som part of such city, village or town, and except at any judicial electio: held between such general registrations, at which election no othe officers than judicial officers are to be voted for,) the last general regie tration shall be used, but the sameshall be revised by the board of regie try of each precinct where such election is to be held, and for that pui pose the board of registry shall meet on Tuesday, three weeks pre ceding such election, and shall hold a session 'from 8 o'clock a. rr to 9 o'clock p. m, on that day, and names may be added to the reg isters in the same way, upon sworn application, as in the case of general registration, and all the other forms and requirements are ti be observed. If a voter remove from'one place to another in the same precind such party must appear before such board of registry when in sessioi and make oath as to such removal, and the registers shall be correcte( accordingly ; and if not corrected, such person can not vote : Providea that any voter, making such removal subsequent to the last sessioi of such board of registry preceding such election, may make oatl before one of the judges of such precinct that he is]the identical persoj whose name appears upon the register, as having been registered a some other place in such precinct (naming the place,) and givinj the date of his removal (which shall be subsequent to the last sessio: of the board of registry previous to the day of election,) and sue! statements shall be verified by two householders, residing in sue! precinct, that he is the identical person so registered at such othe place in the precinct, whereupon such judges of election, if the; believe him to be the same person registered at such other place, am that he made the removal at the time specified in such sworn state ment shall receive his vote. The fact that a voter is registered in one precinct from which h has removed, shall not prevent him from being registered in anothe precinct into which he has removed : Provided, he is otherwise en titled to be registered therein: And provided, further, that it shal be the duty of the board of election commissioners to remove hi name from the registry book of t'ne former precinct immediately oj the registers being returned into their office; and it is made the dut; of the judges of election to question every voter offering himself t( be registered as io whether he was or is registered in any other pre cinct, and to make a note of the fact of such resignation and his ad dress, at the time he so registered in a column to be provided in tw( registry books for that purpose. [§ 211, ch. 46, R. S. 138 410. Verification lists — mode of keeping.] § 18. Blank books named "verification lists," shall be furnished to the board of registry in all intermediate registrations, the same as in case of a regular or general registration, as provided for in section 6, article S, hereof, and the clerks of election shall transfer to said ''verification lists" all of the names already upon the registry at the commence- ment of such intermediate registration, and all new names added thereto on such day of intermediate registration, in the same manner and form as provided in said section 6, and the duties of the judges and the clerks in regard to such "verification lists" shall be the same as provided in said section last mentioned. [§ 212, ch. 46, R. S. 411. Registers —how signed, compared, certified and ee- TUENED.] § 19. At the end of such session such registers shall be made to agree, and where there is any difference the majority of said board shall decide the same: Provided, that no statements shall be entered in the public register other than the names and addresses of persons registered; and then each of said judges shall sign each page of each register made, below the last name on each page, so that no name can be added thereto without discovery, and the usual certifi- cate shall be added. Two of such registers shall be returned to said board of election commissioners by noon next day, and the one called the "public register" shall be hung up in the place of registra- tion. [§ 213, ch. 46, R. S. 412. Duty of clerks as canvassers.] § 20. The clerks of election of such intermediate registration are hereby constituted can- vassers of the precincts in which they are appointed, and the same duties are imposed upon them and upon all other persons in ref- erence to such canvass as are required to [of] such canvassers, under section 7, article 3, hereof, f § 214, ch. 46, R. S. 4 1 3. Intermediate registration.] § 21. In the matter of such intermediate registration, notices shall be given as required by section 8, article 3, hereof, and every provision of said section 8, and every duty, penalty and punishment therein provided shall be ap- plicable and in full force as to such intermediate registration. Said board of registry is specially charged to look after such canvassers^ and see to it that the law is observed in all its parts by such can- vassers, and any wilful neglect shall render such judges liable to the same extent and for like penalties and punishment as are such can- vassers hereunder. The board of election commissioners shall give special directions to such canvassers in writing or print in regard to their duties as such, and the penalties to be incurred by them for the neglect thereof, and also to the registry board of their duties in making such revision, in order and to the end that no name shall be left upon such registry of any person not entitled to vote in such precinct. [§ 215, ch. 46, R. S. 414. Meeting OP board to revise register.] § 22. On Sat- urday following the Tuesday of such intermediate registration, such board of registry shall meet again at the place designated, and said' clerks of election shall meet with them, and they shall remain in session from 6:00 o'clock p. m,, until 10:00 o'clock p. m., for the pur- 139 pose of revising such registry, and thereupon such proceedings shall be had and taken by said canvassers, and said board of registry as are provided for in section 9, article 3, hereof, and all the duties to be performed and all the penalties and punishments therein provided shall be applicable and in force as if here again repeated with ref- erence to such intermediate registration and canvass and revision. No new names shall be added at such meeting. Said "verification lists" shall be disposed of as provided in section 9. [§ 216, ch. 46, R. S. 415. Registers — how compared, signed, certified and re- turned TO election commissioners,] § 23. The three registers, shall then be compared and be made to agree where there is any difference, except that no additional statements shall be entered in the public register other than the names and residences of the per- sons registered, and all three shall be signed at the bottom of each page by all of said judges immediately under the last name on that page, so that no new names could be added without discovery. Such revision of the registry by said board of registry shall then be con- sidered closed, and no other names can be added by said board, and a certificate of the number of qualified voters shall then be attached, and one of said registers, designated as the public register, shall then be hung up at the place of registration for public inspection at all times prior to the election; and the other two books of registry shall, by noon of the next day, be returned to the said board of election commissioners. [§ 217, ch. 46 R. S. 416. Commissioners to have registers copied, printed posted and distributed.] § 24. Said board of election com- missioners shall immediately upon the return of said registers, cause the registry of each precinct to be copied and arranged according to street numbers, as in case of the first registration, and shall cause a suitable number of each precinct to be printed for dis- tribution, and shall cause a suitable copy thereof to be posted, and copies given to the judges and clerks, as provided in case of first registration; and also to furnish printed supplemental lists, as before directed as to the first registration. [§ 218, ch. 46, R. S. 417. Board OF election commissioners may hear application FOR erasure of NAMES AND FOR REGISTRATION OF NAMES THERHON.] § 25. Said board of election commissioners shall hear applications for the erasure of names upon the registry and for the registration of persons thereon in the same way and form and at the same time or times as is provided with reference to such original or new regis- tration, and the same methods are to be adopted, and in all particulars the proceedings shall be the same before the board of election commissioners and before the county judge with reference to reinstatement and erasures as is provided for with reference to such original or new registration. [§ 219, ch. 46, R. S. 418. Possession and return op registers to commissioners — CORRECTIONS.] § 26. On election day said judges shall take pos- session of said third or public register, and after such election, and 140 -on the next day, all three of said registers shall be returned to s! board of election commissioners, and said third public register sh) immediately after such election, be corrected by said board of co missioners, so as to correspond with the other two registers, or case it shall be mutilated, or in case any register of any precii shall be lost, said board of commissioners shall cause a true copy be made from the other register or registers: Provided, that statements shall be entered in the public register other than t names and residences of the persons registered, so that prior to t next meeting of the board of registry there shalll be three regist( for each precinct. This section is made applicable, and it shall the duty of the judges of election to observe it, after each and eve election. [§ 220, ch. 46, K, S. 419. Special ELECTIONS — new revision op eegistek — how cc DUCTED,] § 27. At any special election occurring in a portion such city, village or town, only, or which is to fill a vacan occurring in a single office, and at all judicial elections, which no other than judicial officers are to be elected, th( shall not be a previous revision of the registry. But at su special or judicial election any legal voter of a precinct sh be entitled to vote in case he shall file with the judges of election affidavit, stating the time when he removed into such precinct a the length of his legal residence in such precinct, county and Sta and that he has removed into that precinct since the last registrati of electors at the last election, and that he is a legal voter of su precinct, supported by an affidavit of a registered voter and houi holder of the precinct that he knows such person, and that his sta ments as to his time of residence, as aforesaid, are correct, and tl such person is a legal voter in such precinct. But it shall be t duty of such judges of election to examine him on oath as to 1 qualifications, and, if they are of the opinion that he is not a lej voter, or did not remove into such precinct since the last general intermediate registration, they shall not accept his vote. The boc of registry shall be used at such elections, and no one can vote z less upon such registry, except under the circumstances and throu the method aforesaid. All affidavits shall be returned to the offi of such election commissioners by the judges of election after eve registration and after every election. [§ 221, ch. 46, R. S. 420. Inspection of eegisteks.] § 28. The registers in t office of the election commissioner shall, at all times, be open to pt lie inspection without charge. [§ 222, ch. 46, R. S. 421. Delivery of eegistees, ballot box, etc, to judgei § 29. Said judges of election of any precinct shall, on the day p: ceding any election, call at the office of said commissioners, and : ceive two registers of such precinct, one being received by the re resentative of one leading political party, and the other by t representative of the other leading political party. The ballot h of such precinct shall be delivered to one of said judges, with t key, and it shall contain the poll books and all the blanks and s tionery required for such election. [§ 223, ch. 46, R. S. 141 422. Penalty for mutilating or destkoying public register.] § BO. If any person shall wilfully remove, mutilate or destroy the public register hanging up at the place of registry, he shall be guilty of a misdemeanor, and, upon conviction, shall be imprisoned in the county jail not less than three months nor more than 12 months. [§ 224, ch. 46, K. S. 423. Filling vacancy in board of registry.] § 31. Any va- cancy upon such board of registry, on the day of registration, shall be filled by the judge or judges present, always selecting a person of the same political party as the party absent, and the same oath shall be administered by one of the judges present to such temporary judge, as provided for regular judges. Whenever any regular judge shall return or be present, such temporary incumbent shall vacate his office. [§ 225, ch. 46, E. S. 424. Affidavits to be returned to commissioners — registers, HOW enclosed — WHEN TO BE OPENED — TO WHOM TO BE DELIVERED — PENALTY FOR BREAKING SEAL.] § 32. All affidavits left with the judges of election at any registration, revision of registration or elec- tion, shall be immediately returned to the office of the election com- missioners. Said affidavits, before being so returned, must be enclosed in an envelope provided for that purpose, which shall then be securely sealed with sealing wax or other adhesive material, and each of the judges shall write his name across the seal. Said judges of election of any precinct shall, on the day preceding any registra- tion or election, and upon the day of any revision, call at the office of said commissioners and receive the registers of such precinct, each register, except the public register, being enclosed in an envelope and sealed with a stamp of the chief clerk of the election commis- sioners' office. Such envelope shall not be opened by the judges of election until the beginning of the session of registration, revision or election at which the register is to be used, and shall only be opened when all of the judges are present. Immediately at the close of any registration, revision or election, each of the registers, except the public register, shall be enclosed in an envelope provided for that purpose and securely sealed with sealing wax or other adhesive ma- terial, and each of the judges and each of the election clerks shall write his name across every fold at which the envelope, if unfastened, could be opened. Thereupon a judge of each of the leading political parties shall take one of such registers so enclosed and sealed and, within the time specified in this act, shall deliver said envelope with register enclosed to the board of election commissioners, with the seal unbroken, and receive a receipt therefor. There shall be en- dorsed upon the back of such envelope the number of the precinct and ward of the enclosed register, and the signature of the judge who delivers the same to the election commissioners. If any judge of election shall break the seal of, or open any envelope containing affidavits, or registers, or shall permit any person to open any such envelope, or break the seal thereof while the same is in his custody, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned in the county jail not less than three months nor more than 12 months. [§ 226, ch. 46, R. S. 142 425. To NOTE CONDITION OF EEGISTEE — WHEN TO BE OPENEI § 33. The said board of election commissioners, upon the receipt said register so enclosed, shall note the condition of the seal of sa envelope, and the signatures of the judges and clerks thereon, ai enter the fact touching the same upon a book to be kept by thei together with the name of the officer who returned such registf They shall thereupon open said envelope and remove the regist contained therein, and note upon the same memorandum book i condition. The public shall not have access to such register exce in the presence of a clerk of the election commissioners, and und the direction of the chief clerk. [§ 227, ch. 46, R. S. 426. Using statement illegally, etc. — penalty.] § 8 Every judge of election, or poll clerk, who shall copy any stateme contained in any register or affidavit provided in this act, with tl intent to use said statement illegally: Or shall at any election give to any person, information contain^ in any register to assist or aid any person to do any act by law fc bidden or in this act constituted an offense: He shall, upon conviction thereof, be adjudged guilty of a mi demeanor, and shall be punished by imprisonment in the county J£ for not less than three months nor more than twelve months. [§ 22 ch. 46, R. S. Article IV. 427. Time of opening and closing polls — pebsenoe of judg AND CLEEKS.] § 1. The election polls shall be open at six o'cloi in the morning, and continued open until four o'clock in the afte noon, of the same day, at which time the polls shall be closed, and any judge or clerk shall be behind time for fifteen minutes after t] time for opening such polls, he shall be guilty of a misdemean under this act and punished accoordingly. No judge or clerk sh) absent himself to exceed five minutes at any time until the balk are all cast and counted and returns made. And when absent f any cause, said judge or clerk shall authorize some one of the saii political party with himself to act for him until his return. [§25 ch. 46, R. S. 428. Judge or judges present mat fill place of absei JUDGE — absence — PENALTY — DETAINING REGISTER, ETC.] § 2. any judge or clerk shall not be present after the expiration of fiftei minutes from the time to open the polls, the judge or judges prese shall fill the place of such absent judge or clerk, always selecting person of the same political party as the party absent. And one the judges shall administer to such substitute the oath as requir of the judge or clerk originally appointed, and blank forms shall sent out by the commissioners for such purpose, which oath shall preserved and returned to the commissioners, and such appoint shall be considered an officer of the county court, and subject to t same punishment and penalties as any other judge or clerk. Whe ever such regular j udge or clerk shall be present such substitute sh 143 from the polls on election day, without good cause, shall be guilty of a misdemeanor, and be subject to a fine or peoalty of $500. And if such judge or clerk shall wilfully detain any register or poll book, and not cause it to be produced at the polling place at the opening of the polls, or for 15 minutes thereafter, he shall be deemed guilty of a misdemeanor, and on conviction, shall be imprisoned not less than three months nor more than one year in the county jail, or be fined not less than $200 nor more than $1,000. [§ 230, ch. 46, R. S. 429. Ballot BOX NOT TO BE EEMOVED from public view — pen- alty — removal oe obstruction.] § 3. Before voting begins the ballot box shall be empty, and shall be opened and shown to those present to be empty, and it shall not be removed from the public view from the time when it is shown to be empty until after the close of the polls. It shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls. The judges of election shall each be held guilty of a misdemeanor, and, on conviction, shall be fined a thousand dollars if such ballot box shall not be kept constantly in public view during the progress of the election; unless it shall be shown by such judge that he pro- tested against such obstruction of the view of the ballot box, and was overruled by a majority of the judges. If any barricade or other obstruction of any kind shall be, prior to or during such election, in- terposed, so that all who desire can not constantly see such ballot box, it shall be the duty of such judges to remove such obstruction on request or on their own motion, and if such obstruction shall not be removed on request, it shall be the duty of any sheriff, constable or police oflicer to remove the same on request. And such judges shall be guilty of a misdemeanor and liable to a penalty of a thou- sand dollars, on conviction, for not removing the same on demand, and shall be imprisoned in the county jail not less than six months nor more than two years. Any judge or justice of the peace shall have jurisdiction, on complaint, to issue a warrant to any constable, or the sheriff of the county, to remove such obstruction as a nuisance; and in executing such warrant he may call any person to his assist- ance, and no other officer of the law or private individual shall inter- pose or interfere with such removal; and if he does he shall be guilty of a misdemeanor, and, on conviction, shall be imprisoned in the county jail not less than 60 nor more than 90 days. [§ 231, ch. 46, E, S. 430. How NAME OE VOTER TO BE ENTERED.] § 4. Each of the clerks of election shall keep a poll book which contains a column headed "Number," another headed "Residence," and another headed "Names of Voters." The name of such elector voting shall be entered upon each of the poll books by the clerks in regular succes- sion, under the proper headings, and the number of such voter placed opposite the name in the column headed "Number."' [§ 232, ch. 46, R. S. 431. Person desiring to vote may be questioned — maybe challenged — oath — if registered may produce affidavit op registered VOTER— STATEMENT IN BOOKS— WHO MAY ADMINISTER OATHS ] § 5. Any person desiring to vote and whose name is found upon the register of voters by the person having charge thereof, 144 shall then be questioned by one of the judges as to his nativity, h: term of residence at present address, precinct, county, State an United States, his age, whether naturalized and if so the date c naturalization papers and court from which secured, and he shall l asked to state his residence when last previously registered and tt date of the election for which he then registered. If such person e registered shall be challenged as disqualified, the party challengin shall assign his reasons therefor, and thereupon one of said judgt shall administer to him an oath to answer questions, and if he sha take said oath he shall then be questioned by said judge or judge touching such cause of challenge, and touching any other cause c disqualification. And he may also be questioned by the perso challenging him in regard to his qualifications and identity. But i a majority of the judges are of the opinion that he is the person s registered and a qualified voter, his vote shall then be received at cordingly. But if his vote be rejected by such judges, such perso may afterward produce and deliver an affidavit to such judges, sul scribed and sworn to by him before one of said judges, in which : shall be stated how long he has resided in such precinct, county an State; that he is a citizen of the United States, and is a duly qual: fied voter in such precinct, and that he is the identical person s registered. Also supported by an affidavit by a registered voter, wh is a householder residing in such precinct, stating his own residenc( and that he knows such person; and that he does reside at the plac mentioned and has resided in snch precinct, county and State fc the length of time as stated by such person, which shall be sul scribed and sworn to in the same way. Whereupon the vote of sue person shall be received and entered as other votes. But such cleri and the judges having charge of such registers, shall state in the: respective books the facts in such case, and the affidavits, so di livered to said judges, shall be preserved and returned to the offic of the commissioners of election. Blank affidavits of the charact* aforesaid shall be sent out to the judges of all the precincts, and tl: judges of election shall furnish the same on demand and administ« the oaths without criticism. Such oaths, if administered by au other officer than such judge of election, shall not be received. Or of said judges of said election shall receive the ballot from the vote and shall announce the residence and name of such voter in a lou voice. Said judge shall then put said vote into the ballot box in it presence of the voter and the judges and clerks of election, and i plain view of the public. The judges having charge of such regii ters shall then, in a column prepared thereon, in the same line ( of the name of the voter, marked "Voted" or the letter "V." [8 23 oh. 46, R. S. 432. Voter's name must be in register.] § 6. The vote of r one shall be received by said judges whose name does not appef upon said registers as a qualified voter. [§ 234, ch. 46, R. S. 433, Political parties — challengers — watchers — canvass- POLiCEMEN TO BE PRESENT. ] § 7 . At every election each of the p litical parties shall have the right to designate and keep a challengi at each ralaoe of resristration. revision nf reo-istrat.ion nnri vnfincr. wV 145 shall be assigned to such position, immediately adjoining the judges of election, inside the polling or registration place, as will enable him to see each person as he offers to register or vote, and who shall be protected in the discharge of his duty by the judges of election and the officers of the law. And authority signed by the recognized chair- man or presiding officer of the chief managing committee of a party in any such city, village or incorporated town, shall be sufficient evi- dence of the right of such challenger to be present inside the room where the ballot box is kept. But in case any challenger can not or does not produce the authority of such chairman, it shall be the duty of said judges of election to recognize a challenger that shall be vouched for and presented to them by the persons present belonging to such political party, or who shall be vouched for by the judge rep- resenting such party. The chairman of the managing committee of each political party for such city, village or town, may remove any challenger appointed by him. The challenger, so appointed and ad- mitted to the room where such ballot box is kept, shall have the right and privilege of remaining during the canvass of the votes, and until the returns are duly signed and made. Each political party shall also have the right to a challenger, placed conveniently outside of the polling place, but not in the way of the voters. In addition to such challenger, each of the political parties casting votes at such poll, at the close of the polls shall have the right to the admission of two persons of their political faith into the room where such ballots are to be canvassed to watch such canvass, which watchers may be selected by the captain of the ward or precinct or other persons man- aging the political interests for such party in such ward or precinct, and, in the absence of such selection, it shall be the duty of the judges of such election, to admit into such room two persons of each political party so voting at such election, and who shall be vouched for by the judge or judges representing such political party to be present during the canvass of such votes, and the making of such returns. That such persons shall be of good character and sober, and shall in no wise interfere with such canvass. The officers of the law shall in no manner interfere with the entrance of such watchers into such room, but they shall keep order, and in case of any disord- erly conduct on the part of any bystanders or watchers, it shall be the duty of the police or sheriff to exclude such persons from such room. It shall also be the duty of such judges of election to admit one or more officers of the law to be present in such room at the time of such canvass. [§ 235, ch. 46, R. S. 434. AUTHOEITY OF JUDGES — PERSON MAKING AEEKST.] § 8. Said judges of election shall have authority and it shall be their duty to keep the peace, and to cause any person to be arrested for any breach of the peace or for any breach of election laws, or any interference with the progress of registration, revision, election or of the canvass of the ballots; and it shall be the duty of all officers of the law pres- ent to obey the order of such judges of election, or either of them, —10 146 and an oflBcer making an arrest, by direction of any judge, shall be protected in making such arrest the same as if a warrant had been issued to him to make such arrest. [§ 236, ch. 46, R. S. 435. Canvass to commence immediately upon close of poll — not to be adjourned — challengers and watchers to be present.] § 9. _As soon as the poll of an election shall have been finally closed, the judges of election, in their several precincts, shall immediately, and at the place of the poll, proceed to canvass the vote so cast. Such canvass shall not be adjourned or postponed until it shall have been fully completed, nor until the several statements hereinafter required to be made by the judges and clerks shall have been made out and signed by them. The judges of election shall have the right to sta- tion one or more police oflBcer or officers of the peace, at such entrance to the room where such canvass is begun, or about to take place, to exclude disorderly persons, and to keep the peace. The challengers preseut, and the watchers of such canvass, shall be allowed to be present, and so near that they can see that the judges and clerks of said election are faithfully performing their duties. Each candidate for an oflBce to be filled at such election, by certificate in writing, signed by him, may designate one person for each election precinct in which he is a candidate, to be present at such canvass of the bal- lots, and such persons shall be admitted to a position in said room as a watcher of such canvass. And the judges of election shall permit him to be present, and be so near to them that he can see that such canvass and the statements required by them of the votes are cor- rectly made, and no judge of election or police or other oflBcer shall allow such person to be molested or removed during the canvass of such ballots, nor until such statements have been made, completed and signed, unless he shall be personally guilty of fraudulent or dis- orderly conduct. [§ 287, ch. 46, R. S. 436. Canvass OF VOTE — how made.] § 10. The judges of elec- tion shall first count the whole number of ballots in the box. If the ballots shall be found to exceed the number of names entered on each of the poll lists, they shall reject the ballots, if any, found folded in- side of a ballot. And if the ballot and the poll lists still do not agree after such rejection, they shall reject as many of the ballots as may be necessary to make the ballots agree in number with the names en- tered on each of the poll lists; the ballots shall be replaced in the box and the box closed and well shaken, and again opened; and one of the judges shall publicly draw out and destroy so many ballots unopened as shall be equal to such excess. And the ballots or poll lists agreeing, or being made to agree in this way, the board shall proceed to count the votes in the following manner: Said judges shall open the ballots and place those which contain the same names together, so that the several kinds shall be in separate piles or on separate files. Each of the judges shall examine the separate files which are, or are supposed to be, alike, and exclude from such files any which may have a name or an erasure, or in any manner shall be different from the others of such file. One of said judges shall then take one file of the kind of ballots which contain the same names, and count them by tens, carefully examining each name on each of said 147 ballots. Such judge shall then pass the ten ballots aforesaid to the judge sitting next to him, who shall count them in the same manner, who shall then pass them to the third judge, who shall also count them in the same manner. Then the third judge shall call the names of the persons named in the ten ballots, and the offices for which they are designated, and the poll clerks shall tally ten votes for each of such persons. When said judges shall have gone through such file of ballots, containing the same names, and shall count them by tens in the same way, and shall call the names of the persons named in said ballots and the office for which they are designated, the tally clerks shall tally the votes by tens for each of such persons in the same manner as in the first instance. When the counting of each file of ballots which contain the same names shall be completed, the poll clerks shall compare their tallies together and ascertain the total number of ballots of that kind so canvassed; and when they agree upon the number, one of them shall announce it in a loud voice to the judges. The said judges shall then canvass the other kinds of ballots which do not correspond, those containing names partly from one kind of ballots and partly from another, being those usually called "split tickets," and those from which the name of the person proper to be voted for on such ballots has been omitted or erased, usually called "scratched tickets." They shall be canvassed separately by one of the judges sitting between the two other judges, which judge shall call each name to the poll clerks, and the office for which it is designated, and the other judges looking at the ballot at the same time, and the poll clerks making tally of the same. When all the ballots have been canvassed in this manner, the poll clerks shall compare their tallies together, and ascertain the total number of votes received by each candidate, and when they agree upon the numbers one of them shall announce ia a loud voice to the judges the number of votes received by each candidate on each of the kinds of ballots containing his name, the number received by him on the split and scratch tickets, and the total number of votes received by him. [§ 238, ch. 46, E. S. 437. Ballots strung.] § 11. Each batch of ten ballots counted by the judges of election shall, as soon as counted, jead and tallied, b)e strung upon a strong string, thread or twine in the order in which they have been read; and each batch shall thus be disposed of before the commencement of the count as to the next batch. [§ 239, ch. 46, K. S. 438. When proposition submitted — how vote canvassed.] § 12. Whenever any proposition is submitted to a vote of the people and is printed or written upon the same ticket, with the names of candidates for office, the names, together with such proposition, shall be canvassed in the following manner: All the ballots shall be first separated into three piles; the first pile containing all the ballots in favor of such proposition; the second pile containing all the ballots -against such proposition, and the third pile containing all the ballots not mentioning such proposition, or being neither for nor against such proposition. Each of the judges shall then examine each pile and see that the separation has been properly made. Then the first 148 pile shall be counted by tens, and the result announced to the clerks, who shall tally the same by tens. And so the second pile shall be counted, announced and tallied, and likewise the third pile, if neces- sary. Whereupon the clerks shall announce to the judges the num- ber of votes for and the number of votes against such proposition. The ballots for or against any proposition submitted shall always be canvassed, counted and tallied before the names of candidates for any oflBce are canvassed, counted or tallied. [§ 240, ch. 46, R. S. 439. When tally sheets contain no heading foe proposition — DUTY of judges.] § 13. If the tally sheet and returns should con- tain no heading for any proposition submitted, it shall be the duty of the clerks to write into such tally sheets and returns the headings necessary in order to keep a correct tally, and to make a correct and accurate return, and it shall be the legal duty of the clerks and judges of election to make a true count and correct return of all votes upon any such proposition, and any willful failure or neglect of any judge or clerk to do so shall constitute a felony, and, on conviction, such judge or clerk shall be sent to the penitentiary for not less than three years nor more than five years. [§ 241, ch. 46, R. S. 440. Judges to proclaim number of votes, etc.] § 14. When the canvass of the ballots shall have been completed, and the poll clerks shall have announced to the judges the total number of votes received by each candidate, each of the judges of election in turn shall then proclaim, in a loud voice, the total number of votes re- ceived by each of the persons voted for in such precinct, and the office for which he is designated, and the number of votes for and the num- ber of votes against any proposition which shall have been submitted to a vote of the people. Such proclamation shall be prima Jacie evidence of the result of the canvass of such ballot. [§ 242, eh. 46, R. S. 441. Return — what to contain — certificate op judges and CLERKS — TO whom DIRECTED.] § 15. The said judges of election shall make quadruple statements of the result of the canvass, one of which shall be written, or partly written and partly printed, in each of the poll books used at such election. Each of the statements shall contain a caption stating the day on which, and the number of the election precinct in the ward, city and county in relation to which, such statement shall be made, and the time of opening and closing of the polls of such election precinct. It shall also contain a state- ment showing the whole number of votes given for each person, designating the office for which they were given, which statement shall be written, or partly written and partly printed, in words at length ; and in case a proposition of any kind has been submitted to a vote at such election, such statements shall also show the whole number of votes cast for or against such proposition, written out, or partly written and partly printed, in words at length. And at the end thereof a certificate that such statement is correct in all respects; which certificate, and each sheet of paper forming part of the state- ment shall be subscribed by the said judges and election clerks. If any judge or election clerk shall decline to sign such return, he shall i4y state his reasons therefor in writing, and a copy thereof signed by himself shall be enclosed with each return. Each of the statements, except the one contained in each of the poll books, shall be enclosed in an envelope, which shall then be securely sealed with sealing wax, or other adhesive material: and each of the judges and each of the election clerks shall write his name across every fold at which the envelope, if unfastened, could be opened. One of the envelopes shall be directed to the county clerk and one to the comptroller of the city, or to the officer of such city whose duties correspond with those of comptroller. Each set of tallies shall also be signed by the election clerks and judges of the election. And each shall be enclosed in an envelope, securely sealed and signed, in like manner; and one of the envelopes shall be directed on the outside to the election commission- ers and the other to the city, village or town clerk. On the outside of every envelope shall be endorsed whether it contains the statements of the votes cast or the tallies, and for what precinct and ward, vil- lage or town. [§ 243, ch. 46, R. S. 442. Poll books to be placed in ballot box, etc.] § 17. The poll books, which contain two of the several statements or returns, shall be placed in the ballot box, and the ballot box shall then be locked and the key removed, whereupon said judges of election shall all write their names upon a strip of paper of sufficient length for the following purpose: Said strip of paper, after the signing of their names thereon by said judges, shall then be pasted over the keyhole in said ballot box, and extending upward to the upper lid of the box, and carried for some distance over the top, and it shall be placed in such a way that the signatures of said judges shall extend across the place of opening of the lid of the box, so that when the box is opened it shall tear such paper and destroy the signatures written thereon, and so that when a key shall be inserted in the key- hole it will tear the paper so placed over the keyhole. Such paper shall be fastened with sealing wax or by any other adhesive material, which will not permit the removal of such slip of paper without de- facing the same. [§ 245, ch. 46, R. S. 443. Judges to deliver ballot box, etc., to election commis- sioners.] § 18. Thereupon one of the judges of election shall take charge of said ballot box and its contents so enclosed, and one of the judges, who shall represent the opposite political party from the one taking the ballot box, shall receive and hold the key thereto. The two judges, who do not have charge of the ballot box, shall each take one of the statements of the votes cast into his possession, sealed up in the envelopes as aforesaid, and each of the clerks shall take one of the tally sheets sealed up in the envelope as aforesaid. Thereupon and before twelve o'clock of the day after such election, the judge having possession of such ballot box shall deliver the same with the contents, as aforesaid, to the board of election commissioners, with the seal unbroken, and shall receive a receipt therefor; and within the same period of time the judge having possession of such key shall deliver the same to such board of commissioners and receive a re- ceipt therefor, and the two judges, not having possession of the ballot box, and the two clerks, shall each before twelve o'clock of the next 150 day, after such election, deliver the statements and tallies so in their possession, respectively, to the respective officers to whom addressed, as aforesaid, and who, by this act, are entitled to receive the same, and, when delivered, each one shall take a receipt from the officer to whom delivered. And none of them shall receive pay for their ser- vices as such judges or clerks, without the production of the receipts so given them by the officers aforesaid. It shall be the duty of the respective officers so designated to whom such statements and tallies are ordered to be delivered, to receive the same, and to safely keep under lock and key until ordered to be surrendered as herein- after provided. [§ 246, ch. 46, R. S. 444. Commissioners to receive, note condition and open bal- lot BOX. J § 19. The said board of election commissioners, upon the receipt of said ballot box, and key thereto, shall note the condi- tion of the seal or stamp on said box, and enter the fact touching the same upon a book to be kept by them, together with the name of the officer who returned such ballot box. They shall thereupon open said ballot box and remove the poll books containing the returns of the votes cast, and note upon the same memorandum book their con- dition, and shall put them in a secure place under lock and key, to which the public, in no event, shall have access. [§ 247, ch. 46, E. S. Article V. 445. Canvassing board to open returns — abstract op votes — how made.] § 1. Within seven days after the close of such election, the county judge, with the assistance of the city attorney and the board of election commissioners, who are hereby declared a canvass- ing board for such city, shall open all returns left, respectively, with the election commissioners, the county clerk and city comptroller, and shall make abstracts or statements of the votes in the following manner, as the case may require, viz.: All votes for Governor and Lieutenant Governor on one sheet; all votes for other State officers on another sheet; all votes for presidential electors on another sheet; all votes for representatives to congress on another sheet; all votes for judges of the supreme court on another sheet; all votes for clerks of the supreme court on another sheet; all votes for clerk of the ap- pellate court on another sheet; all votes for judges of the circuit court on another sheet; all votes for senators and representatives to the general assembly on another sheet; all votes for members of the State Board of Equalization on another sheet; all votes for county officers on another sheet; all votes for city officers on another sheet: all votes for town officers on other sheet; and all votes for any other office on a separate and appropriate sheet; all votes for any proposition which may be submitted to a vote of the people, on another sheet, and all votes against any proposition submitted to a vote of the people, on another sheet. [§ 248, ch. 46, R. S. 446. Canvass to declare result — make abstract — oertipi- oate — force of.] § 2. It shall be the duty of such board of can- vassers to canvass, and add up and declare the result of every election 151 hereafter held within the boundaries of such city, village or incor- porated town, and the county court shall thereupon enter of record such abstract and result, and a certified copy of such record shall thereupon be filed with the county clerk of said county; and such abstracts or results shall be treated, by said county clerk in all re- spects, as if made by the canvassing board now provided by law, and he shall transmit the same to the Secretary of State, or other proper officer, as required by law. And such abstracts or results so entered and declared by such county court, and a certified copy thereof, shall be treated everywhere within the State, and by all public officers, with the same binding force and effect as the abstract of votes now authorized by the general law of the State. [§ 249, ch. 46, R. S. 447. County olekk — oektificatb op election.] § 3. The county clerk shall make out a certificate of election to each person having the highest number of votes for the several county and town offices, and deliver such certificate of election to the person entitled to it, on his application. [§ 250, ch. 46, R. S. 448. County clerk — certificate under order of court — city OFFICERS, etc.] § 4. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes, as declared by the order of said court, for the several city and town offices within said city, including aldermen, and deliver such certifi- cate of election to the person entitled to it, on his application, f § 251, ch. 46, R. S. 449. Canvassing board — city or town office— tie vote.] § 5. In the canvass of such votes by the canvassing board, provided in said act, said board shall declare who is elected to any city or town office. In the case of a tie in the election to any city office, or to any office voted for only within the territory of such city, it shall be de- termined by lot, in such manner as such canvassers shall direct, which candidate or candidates shall hold the office, and thereupon the per- son in whose favor it shall result, shall be declared elected by the order entered in said county court as aforesaid. [§ 252, ch. 46, R. S. 450. Duty of canvassing board upon indication of change or FRAUD.] § 6. If, upon opening the various returns so made by the board of canvassers as aforesaid, there shall be anything to indicate that a change has been made in such returns since signing the same by the judges or clerks, or if any fraud in any respect touching such returns, it shall then be the duty of said canvassing board to have all the tallies opened and examined. If there shall be any doubt as to the genuineness of such returns for any precinct, and as to the actual vote as originally returned, and the truth respecting the same re- mains uncertain, it shall be the duty of such canvassers to examine any person or persons, who were present at the time of the proclama- tion so made by the judges of election in such precinct, about which any doubt arises, and the board shall be permitted to place such parties or witnesses on oath, and examine them touching the same, and it shall be their duty to call such parties who were present at the time of such proclamation to come before them, and a subpoena may 152 be issued by the county court, under the direction of said board, com- pelling any such witnesses to come before said board and give their evidence touching the matter in controversy; and thereupon it shall be the duty of said board to declare the result of the vote in any such precinct, in regard to which any question arises, as it was pro- claimed by the judges of election after the canvass by them in such precinct, which result, when so declared, shall be binding and con- clusive. [§ 253, ch. 46, K. S. 451. Presiding officer of boakd — declaring result.] §7. The county judge shall be the presiding officer of such canvassing board, and a majority of such canvassing board shall have the right to declare the result, and the result, when so declared, the said county judge shall cause to be entered of record in his court as aforesaid, which shall be conclusive as to the votes cast at such election in all the precincts of such city. [§ 254, ch. 46, R. S. Article VI. 452. Offenses — penalty.] §1. If at any general registration of voters, or any meeting of the judges of election, held for such pur- pose, or for revision thereof, as provided in this act, any person shall falsely personate an elector or other person, and register, or attempt or offer to register, in the name of such elector or other person; Or if any person shall knowingly or fraudulently register or ofiPer, or attempt, or make application to register, in, or under the name of, any other person, or in, or under any false, assumed or fictitious name, or in, or under any name not his own; Or shall knowingly or fraudulently register in two election pre- cincts ; Or, having registered in one precinct, shall fraudulently attempt or offer to register in another; Or shall fraudulently register or attempt, or offer, to register in any election precinct, not having a lawful right to register therein; Or shall knowingly or wilfully do any unlawful act to secure regis- tration for himself or any other person; Or shall knowingly, wilfully or fraudulently, by false personation or otherwise, or by any unlawful means cause or procure, or attempt to cause or procure, the name of any qualified voter, in any election precinct, to be erased or stricken from any registry of the voters of such precinct made in pursuance of this act or otherwise, as in this act provided; Or by force, threat, menace, intimidation, bribery, reward or offer, or promise thereof, or other unlawful means, prevent, hinder or delay any person, having a lawful right to register or be registered, from duly exercising such right; Or shall knowingly, wilfully or fraudulently compel or induce, or attempt, or offer to compel or induce, by such means, or any unlaw- ful means, any judge of election or other officer of registration in any election precinct to register or admit to registration any person not lawfully entitled to registration in such precinct; 153 Or to register any false, assumed or fictitious name, or any name of any person except as provided in this act; Or shall knowingly, or wilfully or fraudulently interfere with, hin- der or delay any judge of election, or other oflScer of registration, in the discharge of his duties, or counsel, advise or induce, or attempt to induce, any such judge or other officer to refuse or neglect to com- ply with or to perform his duties, or to violate any law prescribed for regulating the same; Or shall aid, counsel, procure or advise any voter, person, judge of election, or other officer of registration, to do any act by law forbid- den, or in this act constituted an offense, or to omit to do any act by law directed to be done; Every such person, upon conviction thereof, shall be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than three months nor more than one year. [§ 255, eh. 46, K. S. 453. Offenses at election in citt, village oe town — pen- alty.] § 2. If, at any election hereafter held in any city, village or incorporated town, any person shall falsely personate any elector or other person, and vote or attempt or offer to vote in, or under the name of such elector or other person; Or shall vote, or attempt to vote, in or upon the name of any other person, whether living or dead, or in or upon any false, assumed or fictitious name, or in or upon any name not his own; Or shall knowingly, wilfully or fraudulently vote more than once for any candidate for the same office, except as authorized by law; Or shall vote, or attempt or offer to vote, in any election precinct without having a lawful right to vote therein; Or vote more than once, or vote in more than one election precinct; Or, having once voted, shall vote or attempt to [or] offer to vote again; Or shall knowingly, wilfully or fraudulently do any unlawful act to secure a right or an opportunity to vote for himself or for any other person; Or shall by force, threat, menace, intimidation, bribery or reward, or offer or promise thereof, or otherwise unlawfully, either directly or indirectly, influence or attempt to influence any elector or any person in giving his vote; Or prevent, or hinder, or attempt to prevent, or hinder any quali- fied voter from freely exercising the right of suffrage; Or by any such means, induce or attempt to induce any such voter, or any person, to exercise any such right; Or shall, by any such means or otherwise, compel or induce, or at- tempt to compel or induce, any judge of election or other officer of election, in any election precinct, to receive the vote of any person not legally qualified or entitled to vote at the said election in such precinct; 154 Or shall, knowing, wilfully or fraudulently interfere with, delay or hinder, in any manner, any judge of election, poll clerk or other of- ficer of election in the discharge of his duties; Or by any such means, or other unlawful means, knowingly, wil- fully or fraudulently counsel, advise, induce or attempt to induce any judge of election, poll clerk or other officer of election whose duty it is to ascertain, proclaim, announce or declare the result of any such election, to give or to make any false certificate, document, report, return or other false evidence in relation thereto; Or to refuse or neglect to comply with his duty, or to violate any law regulating the same, or to receive the vote of any person in any election district not entitled to vote therein; Or to refuse to receive the vote of any person entitled to vote therein; Or shall aid, counsel, advise, procure or assist any voter, person or judge of election, or other officer of election, to do any act by law forbidden or in this act constituted an offense; Or to omit to do any act by law directed to be done; Every such person, upon conviction thereof, shall be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than three months nor more than one year. [§ 256, ch. 46, R. S. 454. Poll clerk — false list — penalty.] § 3. If any election clerk or poll clerk, or any judge of election, performing the duties of poll clerk, or other person, performing such duties, shall wilfully keep a false poll list; Or shall knowingly insert in his poll list any false statement, or any name or statement, or any check, alteration or mark, except as in this act provided; He shall, upon conviction thereof, be adjudged guilty of a misde- meanor, and shall be punished by imprisonment in the county jail for not less than three months nor more than one year. [§ 257, ch. 46, R. S. 455. Judges wilpdlly refuse votes, etc.] § 4. Every judge of election, who shall wilfully exclude any vote duly tendered, know- ing that the person offering the same is lawfully entitled to vote at at such election; Or shall wilfully receive a vote from any person, who has been duly challenged in relation to his right to vote at such election, with- out exacting from such person such oath or other proof of qualifica- tion as may be required by law ; Or shall wilfully omit to challenge any person offering to vote, whom he knows or suspects not to be entitled to vote, and who has not been challenged by any other person ; He shall, upon conviction thereof, be adjudged guilty of a misde- meanor, and shall be punished by imprisonment in the county jail for not less than three months nor more than one year. [§ 258, ch. 46, R. S. 155 456. False CANVASS, ETC. — penalty.] § 5. Every judge of elec- tion, member of any board of canvassers, messenger, poll clerk or other officer authorized to take part in, or perform any duty in rela- tion to any canvass or official statement of the votes cast at any elec- tion in any precinct, or in any city, village or incorporated town, who shall wilfully make any false canvass of said votes; Or shall make, sign, publish or deliver any false return of such election, or any false certificate or statement of the result of such election, knowing the same to be false; Or who shall wilfully deface, destroy or conceal any statement, tally or certificate entrusted to his care or custody; Shall, on conviction theieof, be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than five nor more than ten years. [§ 259, oh. 46, R. S. 457. Permitting ballots to be in box at opening, etc. — pen- alty.] § 6. If any person other than a judge of election shall, at any such election, knowingly and wilfully put, or cause to be put, any ballot or ballots, or other paper having the semblance thereof, into any box used at such election for the reception of votes; Or if any such judge of election shall knowingly and wilfully cause or permit any ballot or ballots to be in said box at the opening of the polls and before the voting shall have commenced; Or shall knowingly, wilfully or fraudulently put any ballot, or other paper having the semblance thereof, into any such box at any such election, unless the same shall be offered by an elector, and his name shaU have been found and kept upon the registry, as hereinbefore provided, or who shall be entitled to vote under this act ; Or if any such judge of election or other officer or person shall fraudulently, during the canvass of ballots in any manner change, substitute or alter any ballot taken from the ballot box then being canvassed, or from any ballot box which has not been canvassed; Or shall remove any ballot or semblance thereof from, or add any ballot or semblance thereof to the ballots taken from the ballot box then being canvassed, or from any ballot box which has not been canvassed; Every such person shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years. [§ 260, ch. 46, E. S. 458. Election OFFICERS — misconduct — fraud — penalty.] §7. If any judge of election, poll clerk or other officer of registration, re- vision, election or canvass, of whom any duty is required, in this act, or by the general election laws of this State, so far as the same are consistent with the provisions of this act, shall be guilty of any will- ful neglect of such duty; Or of any corrupt or fraudulent conduct or practice in the execu- tion of the same ; 156 He shall, upon conviction thereof, be adjudged guilty of a misde- meanor, and shall be punished by imprisonment in the county Jail for not less than three months nor more than one year. [§ 261, ch. 46, K. S. 459. Stealing document — vote — penalty.] § 8. Every judge of election, poll clerk or other oflScer or person having the custody of any record, register of voters or copy thereof, oath, return or state- ment of votes, certificate, poll list, or of any paper, document or vote of any description, in this act directed to be made, filed or preserved, who is guilty of stealing, wilfully destroying, mutilating, defacing, falsifying or fraudulently removing or secreting the whole or any part thereof; Or who shall fraudulently make any entry, erasure or alteration therein, exeoept as allowed and directed by the provisions of this act; Or who permits any other person so to do; Shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished for each and every such offense by imprisonment in the penitentiary for not less than one year nor more than ten years. [§ 262, ch. 46, K. S. 460. Person not an offioer — crime— i?enaltt.] § 9. Every person not an officer; such as is mentioned ir. the last preceding sec- tion, who is guilty of any of the acts specified in said last section, or who advises, procures or abets the commission of the same, or any of them, shall upon conviction thereof be adjudged guilty of a felony, and for each and every such offense shall be punished by imprison- ment in the penitentiary for not less than one year nor more than ten years. And such offense shall be deemed to have been committed whether such person has or had any custody or control, rightful or otherwise, over, or is charged with any duty in relation to, said records, register, ballots or other documents. [§ 268, ch. 46, R. S. 461. False SWEARING — penalty.] §10. Any person who shall be convicted of wilfully and corruptly swearing or affirming in tak- ing any oath or affirmation prescribed by, or upon any examinetion provided for in this act, shall be adjudged guilty of willful and cor- rupt perjury, and shall be punished according to the laws of this State. [§ 264, ch. 46, R. S. 462. Advising person to swear falsely, etc.] § 11. Every person who shall wilfully and corruptly instigate, advise, induce or procure any person to swear or affirm falsely, as aforesaid, or attempt or offer so to do, shall be adjudged guilty of subornation of perjury, and shall upon conviction thereof suffer the punishment directed by law in cases of willful and corrupt perjury. [§ 265, ch. 46, R. S. 463. Changing ballot, etc.] §12. If any person shall fraud- ulently change or alter the ballot of any elector, or substitute one ballot for another; Or fraudulently furnish any elector with a ballot containing more than the proper number of names; . Or shall intentionally practice any fraud upon any elector to in- duce him to deposit a ballot as his vote, and to have the same thrown 15/ out and not counted, or to have the same counted for a person or can- didate other than the person or candidate for whom such elector in- tended to vote; Or otherwise defraud him of his vote; Every such person shall upon conviction thereof be adjudged guilty of a felony, and shall, if a judge of election, poll clerk or other officer of election, be punished by imprisonment in the penitentiary for not less than two nor more than five years. And if not such judge, poll clerk or other officer of election, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years, [§ 266, ch. 46, R. S. 464. Convicted felon no eight to vote — pardon.] § 13. If any person who shall have been convicted of bribery, felony or other infamous crime under the laws of any state, and who has never re- ceived the pardon for such offense from the officer entitled to grant such pardon, shall thereafter vote or offer to vote at any election in such city, village or incorporated town, he shall upon conviction thereof be adjudged guilty of a felony, and, for each and every such offense, shall be punished by imprisonment in the penitentiary for not less than two nor more than five years. [§ 267, ch. 46, E. S. 465. Disobeying command of judge.] § 14. If any person shall wilfully disobey any lawful command of any judge of election or of any board of registry, given in the execution of his or their duty as such, at any election or registration, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by im- prisonment in the county jail for not less than thirty days nor more one year; or by a fine not less than two hundred and fifty (250) nor more than one thousand (1,000) dollars or by both such fine and im- prisonment. Any misdemeanor under this act, for which no penalty is specifically provided, shall be punished as provided in this section. [§ 268, ch. 46, R, S. 466. Kegisteation — election — beeach of the peace.] § 15. If at any general registration of voters, or revision thereof, or on any day of election, or during the canvass of the votes cast thereat, any person shall cause any breach of the peace, or be guilty of any dis- orderly violence or threats of violence, whereby any such registration, revision, election or canvass shall be impeded or hindered; Or whereby the lawful proceedings of any judge of election, or board of registration, or poll clerk, or other officer of such election or challenger, or person designated to be present at the canvass of any ballots, as hereinbefore provided, are interfered with ; Every such person shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than 30 days nor more than one year; or by a fine of not less than two hundred and fifty (250) dollars nor more than one thousand (1,000) dollars; or by both such fine and imprisonment. [§ 269, ch. 46, R. S. 467. Inteefeeing with judge, etc.] § 16. If any person knowingly or wilfully shall obstruct, hinder or assault, or by bribery. 158 flolicitation or otherwise, interfere with any judge of election, poll clerk, challenger, or person designated as provided in this act to be present at the canvass of any ballots, in the performance of any duty required of him, or which he may by law be authorized or permitted to perform; Or if any person, by any of the means before mentioned or other- wise unlawfully shall, on the day of registration, revision of regis- tration, or of election, hinder or prevent any judge of election, poll clerk, challenger, or person designated as provided in this act to be present at the canvass of ballots, in his free attendance and presence at the place of registration, or revision of registration, or of election in the election precinct, in and for which he is appointed or desig- nated to serve; Or in his full and free access and egress to and from any such place of registration, revision of registration, or of election; Or to and from any room where such registration, revision of reg- istration, or election, or canvass of votes, or making of any return or certificate thereof, may be had; Or shall molest, interfere with, remove or eject from any such place of registration or poll of election, or of canvassing ballots cast thereat, or of making of returns or certificates thereof, any such judge of election, poll clerk, challenger, or person designated as provided in this act to watch the canvass of any ballot, except as otherwise pro- vided in this act, or shall unlawfully threaten, or attempt or offer so to do; Every such person shall be guilty of a misdemeanor, and, on con- viction thereof, shall be punished by imprisonment in the county jail for not less than six months nor more than one year; Or shall be fined not less than five hundred (500) dollars nor more than two thousand (2,000) dollars, or both. [§ 270, ch. 46, K. S. 468. Destroying or concealing ballot, etc.] § 17. If any person, upon the day of such election, or before the canvass of votes is completed, shall conceal or wilfully break or destroy any ballot box used, or intended to be used, at such election ; Or shall wilfully or fraudulently conceal, secrete or remove any such box from the custody of judges of election; Or shall alter, deface, injure, destroy or conceal any ballot which has been deposited in any ballot box at such election, which has not been counted or canvassed; Or poll list used at such election; Or any report, return, certificate or other evidence in this act re- quired, as provided for, He shall, on conviction thereof, be adjudged guilty of a felony, and shall, for each and every such offense, be punished by imprison- ment in a state penitentiary for not less than two nor more than five years. [§ 271, ch. 46, K. S. 159 469. Wilfully admitting any person to registration, etc.] § 18. If in any election precinct, at any registration of voters or re- vision thereof, or at any election hereafter held in such city, any judge of election or poll clerk shall knowingly or wilfully admit any person to registration, or make any entry upon any register or poll book; Or receive any vote, or proceed with the canvass of ballots, or shall consent thereto, unless a majority of all the judges of election in said election precinct are present and concur; He shall, upon conviction thereof, be adjudged guilty of a misde- meanor, and shall be punished by imprisonment in the county jail for not less than 30 nor more than 60 days; or by a fine of not less than one hundred ($100) nor more than one thousand ($1,000) dol- lars, or by both such fine and imprisonment. [§ 272, ch. 46, R. S. 470. Registration, or polls— absence of judgb.] § 19. If any judge of election, in any election precinct, shall, without urgent necessity absent himself from the place of registration, or the polls in said precinct, upon any day of election, whereby less than a ma- jority of all the judges in such election precinct shall be present dur- ing such hours of registration, election or canvass of ballots; He shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than 60 days, nor more than six months; or shall be fined not less than five hundred (500) dollars nor more than one thousand (1,000) dollars, or both. [§ 273, ch. 46, R. S. 471. Electioneering.] § 20. It shall be unlawful for any judge of election, poll clerk, challenger, or any person or persons within the polling place to electioneer or engage in any political discussion. Any violation of this section shall be a misdemeanor, and shall be punished by imprisonment in the county jail for not less than ten nor more than 90 days, or by a fine of not less than one hundred ($100) nor more than five hundred ($500) dollars, or both. [§ 274, ch. 46, R. S. 472. Place of election or registration — spirituous liquors.] § 21. Whoever, during the hours of election in any election precinct in such city; Or during the hours of registration, revision of registration or can- vass of votes or of making returns thereof, shall bring, take, order or send into, or shall attempt to bring, take or send into any place of registration, or revision of registration, or of election, any distilled or spirituous liquors whatever; or shall, at any such time and place, drink or partake of such liquor, shall be deemed and held to be guilty of a misdemeanor, and shall be punished according to law. f§ 275, ch. 46, R. S. 473. Defects in noticing, etc., no defense.] § 22. Irregular- ities or defects in the mode of noticing, convening, holding or con- 160 ducting an election authorized by law shall constitute no defense to a prosecution for a violation of the provisions of this act. [§ 276, ch. 46, R. S. 474. Crime in keperenoe to question submitted.] § 23. Every act which, by the provisions of this act or the general election laws, is made a crime when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determination of the question submitted to electors, to be decided by votes cast at an election. The word "Election," as used in this act, shall be construed to designate elections had within any city, village or incorporated town adopting this act, for the purpose of enabling electors to choose some public officer or officers under the laws of j^this State or the United States; Or to pass upon any amendment, law or other public act or propo- sition submitted to vote by law. The word "Householder," as used in this"act, shall mean the chief or head of a family, who resides with the family as a family, and who supports and provides for such family as an independent family, f § 277, ch. 46, R. S. 475. Misdemeanors — fine — when discharged.] § 24. In case of misdemeanors committed, where a matter of fine shall be imposed instead of imprisonment, such party shall be discharged from im- prisonment only on condition of payment of the fine; And, unless paid, his imprisonment shall continue until such fine shall be canceled by an allowance of three (d) dollars per day for each day of imprisonment. [§ 278, oh. 46, R. S. 476. Forfeitures — how recovered.] §25. All forfeiture, pro- vided for in this act, shall be recovered in the name of the board of election commissioners, and shall be paid, when collected, into the county treasury. [§ 279, ch. 46, R. S. 477. Commissioners to aid prosecutions and to keep the PEACE.] § 26. It shall be the duty of such election commissioners to aid in the prosecution of all crimes and ofEenses against this act; And they shall keep a docket in which shall be entered all com- plaints against all persons claimed to be guilty of the violations of this law; And when, in the judgment of such election commissioners, such ofEense has probably been committed, it shall be their duty to cause a prosecution to be instituted in accordance with the provisions of this act, and cause the parties to be punished accordingly. Said election commissioners, when in session, shall have authority and it shall be their duty to keep the peace, and to cause any person to be arrested for any breach of the peace or for any breach of elec- tion laws; and it shall be the duty of all officers of the law present to obey the order of such election commissioners or either of them, and an officer making an arrest by direction of any election commissioner shall be protected in making such arrest the same as if a warrant had been issued to him to make such arrest. [§ 280, ch. 46, R. S. ifji Akticlb VII. 478. Commissioners and chief clerk — fees and salaries of — COUNTIES DIVIDED INTO CLASSES.] § 1. Such election commission- ers and the chief clerk of the board of election commissioners shall be paid by the county, and for the purpose of fixiag their fees and compensation, the several counties of this State are divided into- three (3) classes, as they are now classified by law, as to fees and salaries. In counties of the first class said election commissioners- shall receive a salary of five hundred dollars ($500) and said chief clerk a salary of four hundred dollars ($400) per annum. In coun- ties of the second class said election commissioners shall receive a. salary of seven hundred dollars ($700) and said chief clerk a salary of one thousand two hundred dollars ($1,200) per annum. In coun- ties of the third class, towit: In Cook county such election commis-- sioners shall receive a salary of two thousand five hundred dollars ($2,500) and such chief clerk a salary of four thousand dollars ($4,000) per annum. All expenses incurred by such board of election commissioners shall be paid by such city. Such salaries and ex- penditures are to be audited by the county judges, and such salaries shall be paid by the county treasurer upon the warrant of such county judge, out of any money in the county treasury not otherwise appropriated, and such expenditures shall be paid by the city treas- urer upon the warrant of such county judge, out of any money in the city treasury not otherwise appropriated. It shall also be the duty of the governing authority of such counties and cities respectively to make provision for the prompt payment of such salaries and ex- penses, as the case may be. [As amended* by act approved May 11, 1901. In force July 1, 1901. L. 1901, p. 205. § 281, ch. 46, R. S. 479. Judges and clerks to be paid at the rate of $5 per DAY.] § 2. All judges and clerks of election in counties of the second and third class under this act shall be allowed and paid at the rate of five (5) dollars per day. [As amended by act approved May 11, 1901. In force July 1, 1901. L. 1901, p. 206; § 282, ch. 46, K. S. 480. Number of days to be credited judges and clerks. J § 3. Each judge of election who has performed all the duties and services required of him by this act, at the general registration and at the election following, shall be credited with four full days' ser- vices and no more, but at any election prior to which there is only an additional registration and revision, being a registration between the general registrations, he shall be credited with three full days' ser- vice and no more, in case he performs all the duties required of him under this act. *The title of the amendatory act is "an act to amend section one (1) and two (2) of Article VII of an act entitled, 'an act regulating the holding of elections and declarinsr the result thereof in cities, villages and incorporated towns in this State,' approved June 19, 1885. in force July 1, 1885, and section one (1) amended by act approved June 9, 1897, in force July 1, 1897, and section two (2) as amended act by approved and in force April 1, 1897." Ap- proved May 11, 1901, in force July 1. 1901. -11 162 At the elections held under this act, where there is no additional registration or revision of registration, each judge or clerk of election shall only be credited with one day's service each. When any judge or clerk does not perform all the services required by this act, then such board of election commissioners will audit his time, and shall allow him pro rata compensation. Each clerk of election, if he has performed all the services required by [of] him by this act at the general registration and at the election following, shall be credited with five days' service and no more, but at any election prior to which there was only an additional registra- tion and revision, being a registration between the general registra- tions, he shall be credited with four full days' service and no more, in case he performs all the duties required of him by this act. 18 283,cb, 46, R. S. 481. When city to pat judges and oleeks.J § 4. At all city elections, general or special, though other than city officers may be elected at the same time with such city officers, and at all special elections in any part of such city, at which a city officer is elected, such city shall pay such judges and clerks of election for their ser- vices under this act. [§ 284, ch. 46, R. S. 482. When county to pay judges and clerks.] § 5. At all general county and State elections, which include officers elected through the whole county, though other than State and county offi- cers are also elected, and at all exclusively judicial elections, and at all special elections for a county or State officer, or member of Congress, or member of the Legislature, such county shall pay such judges and clerks of election for their services under this act. [§ 285, ch. 46, R. S. 483. Commissioners to audit claims.] § 6, Said board of election commissioners shall audit all the claims of judges and clerks of election, and shall draw a warrant therefor upon such city or county treasury, as the case may be. [§ 286, ch. 46, R. S. Article VIII. 484. When act adopted.] § 1. Whenever this act is adopted by any village or incorporated town, all its provisions shall be appli- cable and operative, except as hereinafter modified. [§ 287, ch. 46, R. S. 485. Ex-oPFicio commissioners op city, etc.] § 2. When- ever any city, village or incorporated town may adopt this act, and which city, village or incorporated town shall lie within any county in which another city shall have previously thereto adopted this act, then in such case the commissioners of election, appointed or which may be appointtd for such last mentioned city, shall also be ex officio commissioners of election for such first mentioned city, village or in- corporated town, and shall have and exercise the same powers as if specially appointed for such city, village or town. [§ 287a, ch. 46, R.S. 163 486. Quadruple returns to judges, etc, of village ok TOWN — HOW MADE.] § 3. The quadruple returns of the judges and clerks of election of such village or incorporated town, mentioned in the last section, in case of a village or town election for any officer of such village or town, shall be made to the same officer as now re- quired by law, who shall receipt therefor; and all such returns shall be canvassed by the canvassing board of such village or town, as es- tablished by law, with the same powers of investigation and examin- ation by such board as is authorized by this act to the canvassing board of any such city. [§ 287b, ch. 46, R. S. 487. Returns op village ok town elections.] § 4. There- turns of the judges and clerks of election of such village or incorpo- rated towns, mentioned in the second section of this article, in case of all other elections therein, shall be made to the same officers, as required by this act, of returns of elections held in a city, and such returns shall be canvassed and the result declared by the same can- vassing board. [§ 287c, ch. 46, R. S. 488. Oaths — commissioners and judges may administer.] § 5. All oaths in writing, provided for in this act, must have a jurat, or certificate or the officer taking the same, attached and signed by him, and said election commissioners and said judges of election are here- by empowered to administer all oaths and affirmations required in the administration of the affairs of their several offices. [§ 287d, ch. 46, R. S. FINANCE — Acts Concerning Municipal Bonds and "Warrants. [Paragraphs 489-538.] railroad and improvement aid bonds. an act to amend an act approved April 27, 1877, entUIed, "An aet to amend an act entitled an act relating to county and city debts, and to provide for the payment thereof by taxa- tion, in such counties and cities, approved February 13, 1865, and to amend the title thereof." [Approved June 4, 1879; in force July 1, 1879; L. 1879, p. 229.] 489. New bonds mat be issued for indebtedness in place op OLD ONES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cases where any county, city, town, township, school district or other municipal cor- poration, has issued bonds or other evidences of indebtedness, for money, or has contracted debts, which are the binding, subsisting legal obligations of such county, city, town, township, school district, or other municipal corporation, and the same, or any portion thereof, remain outstanding and unpaid, it shall be lawful for the proper cor- porate authorities of any such county, city, town, township, school district, or other municipal corporation, upon the surrender of any such bonds or other evidences of indebtedness, or any number or portion thereof, to issue, in lieu or place thereof, to the owners or holders of the same, new bonds prepared as hereinafter directed, and for such amounts, upon such time uot exceeding twenty years, pay- 164 able at such place, and bearing such rate of interest, not exceeding seven per centum per annum, as may be agreed upon with the owners or holders of such outstanding bonds or other evidences of indebted- ness: Provided, that bonds issued under this act, to mature within five years from their date, may bear interest not to exceed eight per cent per annum. And it shall also be lawful for the proper corporate authorities of any such county, city, town, township, school district, or other municipal corporation, to cause to be thus issued, such new bonds, and sell the same to raise money to purchase or retire any or all of such outstanding bonds or other evidences of indebtedness; the proceeds of the sales of such new bonds to be expended, under the direction of the corporate authorities aforesaid, in the purchase or retiring of the outstanding bonds or other evidences of indebtedness of such county, city, town, township, school district, or other munici- pal corporation, and for no other purpose whatever. All bonds or other evidences of indebtedness, issued under the provisions of this act, shall show upon their face that they are issued under this act, and the purpose for which they are issued, and shall be of uniform design and style, throughout the State, to be prescribed by the State Auditor, whose imperative duty it shall be to devise and prepare such uniform style and draft adapted to the classes of bonds herein pro- vided for, namely : The first class to consist of bonds, of which only the interest is payable annually; the second class to consist of those of which the interest and five per centum of the principal are to be paid annually, and the third class to consist of a graduated series, the first grade, made payable, principal and interest, at the end of one year from the date of issue; the second at the end of two years, and thus to the end of the series, the class to be issued being at the option of the legal voters expressed as herein provided. In any case, the new 'bonds, or other evidences of indebtedness, authorized to be issued by this act, shall not be for a greater sum in the aggregate, than the principal and accrued or unearned interest unpaid of such outstand- ing bonds or other evidences of indebtedness. And when such new bonds, or other evidences of indebtedness, shall have been issued, in order to be placed on the market and sold to obtain proceeds with which to retire outstanding bonds, or other evidences of indebted- ness, it shall be the duty of the State Auditor, on the request of the corporate authorities issuing them, and at the expense of the corpo- ration in whose behalf the issue is thus made, to negotiate the same, at not less than par value, and on the best terms which can be obtained: Provided, always, that any such county, city, town, township, school district or other municipal corporation issuing bonds under the provisions of this act, may, through its corporate authorities duly authorized, negotiate, sell or dispose of said bonds, or any part thereof, at not less than their par value, without the intervention of the Audi- tor of State: And, provided, further, that no new bonds, or other evidences or indebtedness, shall be issued under this act, unless the same shall be first authorized, as hereinafter provided, by a vote of a majority of the legal voters of such county, city, town, township, school district, or other municipal corporation voting at some general election, or special election held for that purpose, f § 1, ch, llij, R. S. 165 490. Valuation op taxable property to be indorsed on bond.] § 2. In all cases where any county, city, town, township, school dis- trict, or other municipal corporation shall issue any bonds or evi- dences of indebtedness under this act, it shall be the duty of the county clerk of such county, or other officer to whom, or to whose office, the assessment rolls for State taxation of the property within such county, city, town, township, school district, or other municipal corporation, are or shall be returnable, within five days after the total value of the property subject to taxation therein shall be returned to him, to make out and transmit to the Auditor of Public Accounts, to be filed in his office, a certificate setting forth the total value of all taxable property, of every nature and description, within such county, city, town, township, school district, or other municipal corporation, as exhibited by such assessment. And it shall be the duty of the Auditor of Public Accounts to place on the back of all new bonds, or other evidences of indebtedness issued under the provisions of this act, a certificate setting forth an aggregate statement of the amount of valuation of the taxable property of the municipal corporation issuing such new bonds, or other evidences of indebtedness; said cer- tificate specifically distinguishing the value of real estate and per- sonal property, and being based on the return provided for in this section, or, if there should be no such return made by the county clerk to the State Auditor, then based on an affidavit made by the officials of the corporation issuing the bonds. [§ 2, ch. 113, R. S. 49 1 . Election — notice.] § 3. It shall be lawful for the corpor- ate authorities of any such municipal corporation, or officers author- ized by law to call elections therein, on the petition of ten legal voters, resident therein, to submit to the voters thereof, at any gen- eral or special election, the question of issuing bonds under this act, by posting a notice in ten of the most public places therein, and by publishing the same in the nearest newspaper, twenty days before said election, which notice shall state the number and amount of bonds proposed to be issued ; the kind or class thereof as specified in the first section of the act of 1865 as hereby amended, and as also amended by the said act of 1877; the amount of each; the rate of in- terest under the limitation of this amendatory act; when and where payable; for what purpose issued, and the time and place, when and where said election will be held. And upon like petition and notice it shall be lawful for such corporate authorities, or officers, to submit the question of issuing bonds under this act, at a special election, which shall be held and conducted in like manner as other elections therein. The ballots shall read "For issuing the bonds," or "Against issuing the bonds." If a majority of the votes cast be for issuing the bonds, the same shall be issued in conformity to the specifications of said notice. Nothing contained in this act, or in the acts to which this is an amendment, shall be held to repeal, or in anywise affect the power of the city of Chicago to issue new bonds of said city con- ferred by an act of the General Assembly, approved February 13, 1865, amending the charter of said city, nor to in anywise affect any other law which authorizes municipal corporations to issue bonds, or other evidences of indebtedness, and which does not provide for the registration thereof. [§ 3, ch. 113, R. S. 166 492. Kbgisteation.] § 4. Upon the surrender of any bond, or othei evidence of indebtedness, under this act, the same shall be en- dorsed canceled, and shall from time to time, be destroyed, under the direction of the authority issuing the same. Upon the issuing of any new bond, or evidence of indebtedness, the clerk, or other officer having custody of the records of the fiscal matters of such county, city, town, township, school district or other municipal cor- poration, as the case may be, shall make registration thereof, in a book to be kept in hie office for that purpose, showing the date, amount, number, class, date of maturity, rate of interest and place of payment of such new bond, or other evidence of indebtedness, and the description of the bond or evidence of indebtednes, for which, or for the purchasing or retiring of which, the same was given, as nearly as practicable. On presentation of any such new bond or evidence of indebtedness, issued under this act, at the office of the Auditor of Public Accounts, for registration, the said Auditor shall cause the same to be registered in his office, in a book to be kept for that purpose; such registration shall show the date, amount, number, class, date of maturity, rate of interest, time when such in- terest is payable, and place of payment of the principal and interest of such bond or other evidence of indebtedness, under what act, by what authority, for what purpose and by what county, city, town, township, school district, or other municipal corporation issued, and the name of the person, or persons, presenting the same for registra- tion, and for such registration the Auditor shall be entitled to a fee of 25 cents, and the Auditor shall, under his seal of office, certify upon such bond the fact of such registration for which the Auditor shall be entitled to a fee of 25 cents, such fees to be paid by the per- son or persons desiring such registration and certificate. No bonds issued under this act shall be entitled to registration in the office of the State Auditor until a sworn certificate shall have been filed with him, showing that all the requirements of this act have been fully com- plied with in their issue. In the case of county bonds, such affidavits shall be made by the chairman of the county board. In case of town- ship bonds, by the supervisor of such township. In case of city bonds, by the mayor of such city; in case of town or village bonds, by the chairman of the town or village board; and in case of school district bonds, by each of the directors of such school district. Said certificate shall set forth the date of the election at which the people authorized the issuance of the bonds, and shall state the class, date, number, amount, rate of interest and date of maturity of the bonds, the aggregate equalized value of real property, and the aggregate equalized value of personal property assessed in such locality, for the previous year, together with any other information in relation thereto which may be demanded by the Auditor of Public Accounts. fS 4, oh. 118, R. S. 493. Auditor to oektii't rate required.] § 5. When the bonds, or other evidences of indebtedness, of any county, city, town, township, school district or other municipal corporation, shall be so registered, the auditor of public accounts shall annually ascertain the amount of principal and interest due and accrued, and to accrue. 167 for the current year, on all such bonds and evidences of indebted- ness, so registered in his office, and shall upon the basis of the certi- ficate of the valuation of property to be transmitted to him, as afore- said, or, in case no such certificate shall be transmitted to him or filed in his office, then upon the basis of the total valuation of the property in such county, city, town, township, school district or other municipal corporation, for the year next preceding, estimate and de- termine the rate per centum, upon the valuation of such property, requisite to meet and satisfy the said interest, or interest and princi- pal, as the case may be, together with the ordinary cost to the State, of the collection and disbursement of the same, to be estimated by the Auditor and State Treasurer, and shall make and transmit to the county clerk of such county, or of the county in which such city, town, township, school district or other municipal corporation is situated, or to the officer or authority whose duty it is, or my be, to prepare the estimates and books for the collection of State taxes in such county, city, town, township, school district or other municipal corporation, a certificate setting forth such estimated requisite per centum for such purposes, to be filed in his office; and the said per centum shall thereupon be deemed added to and a part of the per centum which is or may be levied, or provided by law, for the pur- poses of State revenue, and shall be so treated by such clerk, officer or authority in making such estimates and books for the collection of State taxes; and the said taxes shall be collected with the State taxes, and all laws relating to the State revenue shall apply thereto, except as herein otherwise provided: Provided, that it shall be law- ful for the county collector at any time before settlement with the State Treasurer to pay from such taxes, any coupons that are due for interest that may be presented for payment, and to pay from any surplus, not required for interest purposes, the principal of any such bond that may be presented for payment, whether due or not, and in settlement with the State Treasurer the county collector shall be credited with such paid coupons and bonds the same as money. [§ 5, ch. 113, R. S. 494. State custodian - collection — payment.] § 6. The State shall be deemed the custodian only of the tax so collected, and shall not be deemed, in any manner, liable on account of such bonds, or other evidences of indebtedness; but the tax and funds so collected shall be deemed pledged and appropriated to the payment of the principal and interest of the registered bonds, and evidences of in- debtedness, to satisfy which, the same is hereinbefore provided to be collected, as aforesaid, and such new bonds and evidences of indebted- ness, issued under the authority hereof, shall be deemed secured and provided for, in virtue and faith hereof, until fully satisfied. The State shall, annually, collect and apply the said fund to the satisfac- tion of the interest, or interest and portion of the principal, as the case may be, of such registered bonds, or evidences of indebtedness, of any such county, city, town, township, school district, or other municipal corporation, to the extent the same is herein contemplated to be derived from such tax, in the same manner as the interest on the bonds of the State is, or may be collected, or paid, and in like 168 moneys as shall be receivable in payment of State taxes; and moneys so paid upon the principal of any such bonds, or evidences of indebt- edness, shall be endorsed thereon, and due receipts therefor shall be taken and filed in the office of the Auditor of Public Accounts, or State Treasurer, and interest coupons, or bonds or other evidences of indebtedness, so paid, shall be returned to one of said officers, and shall be canceled and returned to the corporate authorities of the municipality which issued the same, in the manner now provided by law. [§ 6, ch. 113, K. S. 495. How MONET DISBURSED.] § 7. The State may, out of such fund, first retain or satisfy the ordinary cost to the State, of the col- lection and disbursement thereof; and incase of the non-presentment of any such bond, or evidence of indebtedness, or interest coupon of any such county, city, town, township, school district, or other municipal corporation, for payment, at the times and when and where the interest on the State debt is, or may be paid, then, on the begin- ning of the next year, the moneys by reason thereof undisbursed, to- gether with any surplus for any cause remaining, shall be carried to the fund of such county, city, town, township, school district or other municipal corporation of the current or ensuing year, and be consid- ered by the Auditor in making his next estimate for taxation therein for such year under this act, and shall be applied accordingly. All laws relating to the payment of interest on the State debt, or the can- celation of the evidences thereof, not inconsistent with this act, shall apply to the receipt, custody and disbursement of the taxes and funds provided by this act. [§ 7, ch. 113, R. S. 496. When REGISTERED BONDS MATURE AND ARE NOT PAID.] §8. Upon the maturity of such registered bond, or other evidence of in- debtedness, and the non-payment thereof by the county, city, town, township, school district, or other municipal corporation issuing the same, the holder thereof may cause the same to be registered in the office of the Auditor, as a matured or unsatisfied bond, or evidence of indebtedness, and thereupon, for the purpose of providing for the payment of the principal thereof, at the rate of five per centum of such principal, annually, and of the interest thereon in arrear, and for the current year to accrue, together with the cost to the State of the collection and disbursement thereof, as aforesaid, the same pro- ceedings in all respects, shall be had as is hereinbefore provided, for the payment of the interest on such bonds and evidences of indebted- ness, by the collection of an annual tax sufficient for the purposes in the section contemplated; and the same shall be collected and ap- plied, as aforesaid, to such purpose, from year to year, until the fall satisfaction thereof, when such bonds or evidences of indebtedness shall be canceled and returned, as hereinbefore provided. fS 8, ch. 113, R. S. 497. Entry oe payment.] § 9. Upon the payment of any such registered bond, or evidence of indebtedness, and presentation thereof to the Auditor, he shall cause due entry thereof to be made in his office. [§ 9, ch. 113, R. S. 169 498. Fees— collector's bond.] § 10. There shall be allowed to the officers collecting and paying over the taxes authorized to be collected under the provisions of this act, the same fees, or compen- sation, as is or may be allowed by law for collecting and paying over State taxes, and where such tax is levied, the bonds of the collectors thereof shall be increased in proportion to the estimated amount of such tax to be collected. [§ 10, ch, 113, R. S. 499. Bonds — by whom executed.] §11. All bonds issued un- der this act shall be executed on behalf of the municipalities issuing the same by the following named officers, viz. : On behalf of counties under the township organization laws of this State, by the chairman of the board of supervisors and the clerk of the county court attesting the same with his signature and official seal. On behalf of counties not under township organization by the acting chairman of the board of county commissioners together with the clerk of the county court attesting the same with his signature and official seal. On behalf of cities, by the mayor and city clerk, together with the seal of the city; on behalf of towns organized under the township organization law of this State, by the supervisor or supervisors of such town (as the case may be) and the town clerk of such towns. On behalf of all other municipalities hereinbefore mentioned, by the president, chairman, or chief executive officer thereof, together with the clerk or secretary thereof: Provided, that nothing herein contained shall be so con- strued as to authorize the officers herein mentioned to issue bonds under this act except upon a majority vote of the voters as hereinbe- fore provided. [Added by amendment approved May 28, 1879; in force July 1, 1879; L. 1879, p. 235; § 10a, ch. 113, R. S. PAYMENT OF KAILROAD DEBTS. AN ACT to fund and provide for paying the railroad debts of counties, townships, cities and towns. [In force April 16, 1869. L. 1869, p. 316.] 500. State taxes on valuation above 1868 refunded.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any county, township, incor- porated city or town shall have created a debt which still remains unpaid, or shall create a debt under the provisions of any law of this State, to aid in the construction of any railway or railways that shall be completed within ten years from and after the passage of this act, whose line shall run near to, into or through said county, town- ship, city or town, it shall be lawful for the State Treasurer, and he is hereby required, immediately upon receiving the revenue for each year, to place to the credit of such county, township, city or town so having incurred such indebtedness, in the State treasury, annually, for and during the term of ten years, all the State taxes collected and paid into the State treasury on the increased val- uation of the taxable property of said county, township, city or town, as shown by the annual assessment rolls, over and above the amount of the assessment roll of the year 1868, excepting the State school tax and the two mill tax provided for by the constitution of this State for the payment of the State debt. And whenever any county, town- ship, city or town shall have created a debt, as aforesaid, it shall also no be lawful for the collector of taxes, and he is hereby required, an- nually, for and during the term of ten years, to pay into the State treasury all the taxes collected for any purpose whatever, on the as- sessment of the railroad or railroads for whose aid the said debt was incurred, including the roadbed and superstructure, and all fixtures and appurtenances thereof, the locomotives, cars, machinery and ma- chine shops, depots and all other property, real and personal, of said railway company, within such county, township, city or town; and immediately upon receiving the same, the State Treasurer shall place to the credit of such county, township, city or town, in the State treasury, the whole amount so received, except the State school tax and the two mill tax provided by the constition of this State for the pay- ment of the State debt; and it shall be the duty of said collector of taxes to furnish the State Auditor a separate and detailed account of of the amount of taxes collected from said railway or railways, at the time of his annual settlement with the State Auditor. And the State Treasurer shall give to said collector separate receipts for the re- spective amounts paid into the State treasury to the credit of said county; and said receipts shall be taken and received by the county court, or other legal authorities, as vouchers for the amount collected on account of the county and local assessments on said railroad property, in the annual settlement with such collector, and the sev- eral amounts of money in this section provided and ordered to be placed to the credit of such county, township, city or town, shall be applied by the State Treasurer to the payment of the bonded railroad debt of such county, township, city or town, as hereinafter provided. [§ 11, ch. 113, R. S. 501. Registeation.] § 2. And the county clerk, or other proper officer, upon the issuing of the bonds in payment of said railroad debt, shall make a registration thereof in a book to be kept for that purpose in his office, showing the date, amount, number, maturity and rate of interest of such bonds, and upon the subscription or do- nation to what railroad the same was given. And the said bonds, and bonds heretofore issued and still unpaid, in order to receive the benefits of this act, shall be registered by the holder thereof at the office of the Auditor of Public Accounts, who shall cause the same to be registered in a book kept for that purpose, Such registration shall show the date, amount, number, maturity and rate of interest of such bond, under what act and by what county, township, city or town issued; and the Auditor shall, under his seal of office, certify upon such bond the fact of such registration, for which registration and certificate the Auditor shall be entitled to a fee of $1.00 from the holder of each bond. [§ 12, ch. 113, R. S. 502. Assessed value oektified to auditor.] § 3. In all cases, when any county, township, incorporated city or town shall issue bonds under the provisions of law, and to be entitled to the benefits of this act, it shall be the duty of the county clerk of such county, or of the officer to whom or to whose office the assessment rolls for State taxation are or shall be returnable, within five days after such returns, to make out and transmit to the State Auditor, to be filed in 171 his oflBce, a certificate stating the total value of all property, real and personal, within such county, township, city or town, as exhibited by such assessment. [§ 18, ch. 113, R. S. 503. Auditor to estimate and oeetift rate required, etc.] § 4. When the bonds of any county, township, city or town shall be so registered, the State Auditor shall annually ascertain the amount of interest for the current year due and accrued and to accrue upon such bonds, and from the amount so ascertained he shall deduct the amount in the State treasury placed to the credit of such county, township, city or town, as herein provided and directed; and from the basis of the certificate of valuation of property heretofore provided to be transmitted to him, or, in case no such certificate shall be filed in his office, then upon the basis of the total assessment of such county, township, city or town, for the year nest preceding, he shall estimate and determine the rate per centum on the valuation of property within such county, township, city or town, requisite to meet and satisfy the amount of interest unprovided for, together with the ordi- nary cost to the State of collection and disbursement of the same, to be estimated by the Auditor and Treasurer, and shall make and transmit to the county clerk of such county, or to the proper officer or authority whose duty it is or shall be to prepare the estimates and books for the collection of State taxes in such county, township, city or town, a certificate stating such esti- mated requisite per centum for such purpose, to be filed in his office; and the same per centum shall thereupon be deemed added to and a part of the per centum which is or may be levied or provided by law for purposes of State revenue, and shall be so treated by such clerk, officer or authority, in making such estimates and books for the col- lection of taxes; and the said tax shall be collected with the State revenue, and all laws relating to the State revenue shall apply there- to, except as herein otherwise provided. [§ 14, ch. 113, K. S. 504. State custodian— not liable — collection — payment.] § 5, The State shall be deemed the custodian only of the several taxes so collected and credited to such county, township, city or town, and shall not be deemed in any manner liable on account of any such bonds; but the tax and fund so collected shall be deemed pledged and appropriated to the payment of the interest and principal of the registered bonds herein provided for, until fully satisfied. The State shall annually collect and apply all the said taxes and funds placed to the credit of such county, township, city or town, for and during the term of eight years, to the payment of the annual interest on such registered bonds of such county, township, city or town, in the same manner as interest on the bonds of the State is or may be collected and paid, but in like moneys as shall be receivable in payment of said taxes; and for and during the remainder of the term of years during which said registered bonds shall remain unpaid, the funds provided in section 1 of this act, accruing from taxes collected on the property of said railroad or railroads, and the surplus, if any, of the other funds in this act provided, remaining after the payment of the interest on the bonds, shall be applied to the payment of the princi- pal of said registered bonds, on presentation at the State treasury, or 172 the treasurer shall purchase the same in open market at not more than par; and upon such payment or purchase of the said bonds, the amount paid upon the principal of said bonds shall be endorsed thereon, and receipts therefor shall be taken and filed in the oflBce of the State Treasurer; and the interest coupons or bonds, when fully paid, shall be returned to the office of the State Treasurer, and shall be canceled and destroyed in the same manner as those appertaining to the State debt. And the fund derived from the taxes collected on the increased assessment over the year 1868, and the tax levied to meet the interest on said registered bonds, shall continue to be annually applied to the interest of said bonds. And the said taxes and funds required in this act to be placed to the credit of the counties, town- ships, cities and towns, shall be applied by the State Treasurer to the payment of the registered railroad bonds of such county, township, cities or towns, equally and without discrimination. [§ 15, ch. 113, R. S. 505. Disbursement.] § 6. The State may, out of such funds, first retain or satisfy the ordinary cost of the State of the collection and disbursement thereof; and in case of non-presentment of any such bonds or interest coupons for payment, at the time and place when and where the interest on the State debt is or may be paid, then, on the beginning of the next year, the money by reason thereon undisbursed, together with any surplus for any cause remaining, shall be carried to the fund of such county, township, city or town, of the current or ensuing year, and be considered by the auditor in making his next estimate for taxation therein for such year under this act, and shall be applied accordingly during the first eight years of the operation of this act. All laws relating to the payment of in- terest on the State debt, or the cancelation of evidences thereof, not inconsistent with this act, shall apply to the receipt, custody and dis- bursement of the taxes and funds provided by this act. [§ 16, ch. 113, R. S. 50tj. Road oonstkuoted — election — compliance.] § 7. And it shall not be lawful to register any bonds under the provisions of this act, or to receive any of the benefits or advantages to be derived from this act, until after the railroad in aid of the construction of which the delDt was incurred shall have been completed near to or in such county, township, city or town, and cars shall have run thereon; and none of the benefits, advantages or provisions of this act shall apply to any debt, unless the subscription or donation creating such debt was first submitted to an election of the legal voters of said county, township, city or town, under the provisions of the laws of this State, and a majority of the legal voters living in said county, township, city or town were in favor of such aid, sub- scription or donation; and any county, township, city or town shall have the right, upon making any subscription or donation to any railroad company, to prescribe the conditions upon which such bonds, subscriptions or donations shall be made, and such bonds, subscriptions or donations shall not be valid and binding until such conditions precedent shall have been complied with. And the presiding judge of the county court, or the supervisor of the town- 173 ship, or the chief executive officer of the city or town, that shall have issued bonds to any railway or railways, immediately upon the com- pletion of the same near to, into or through such county, township city or town, as may have been agreed upon, and the running of the cars thereon, shall certify under oath that all the preliminary condi- tions in this act required to be done to authorize the registration of such bonds, and to entitle them to the benefits of this act, have been complied with, and shall transmit the same to the State Auditor, with a statement of the date, amount, number, maturity and rate of interest of such bonds, and to what company and under what law issued; and thereupon the said bonds shall be subject to registration by the State Auditor, as is hereinbefore provided. [§ 17, ch. 113, K. S. 507. Representation IN BOARD OF DiEEOTOES.] §8. And each railway company in aid of which any bonds shall hereafter be issued by any county, township, incorporated city or town, to pay for any subscription to the capital stock of such company, or for any dona- tion made to such company, shall give to such counties, townships, cities and towns, collectively, a representation in the board of direc- tors of such company of one-fourth of the number of such board of directors, until after the said railway shall have been completed, and the cars shall have run thereon, and until all the conditions of the subscriptions and donations to such railway company, by such coun- ties, townships, cities and towns, shall have been fully settled and complied with by such railway company ; and thereafter the said coun- ties, townships, cities and towns shall be represented in said boards of directors only in the manner and proportion that other stock- holders are represented; and the Governor of the State is hereby authorized and empowered to appoint the directors herein provided to represent the interests of said counties, townships, cities and towns in the boards of directors of such railways as shall receive bonds to be entitled to the benefits of this act. [§ 18, ch. 113, R. S. 508. Increased valuation deducted in ascertaining state RATES.] § 9. And the State Auditor, from the total value of all the property in the State, after the same shall have been equalized in accordance with the provisions of "An act to amend the revenue laws, and to establish a State board of equalization of assessments," ap- proved March 8, 1867, shall deduct the amount of the said increased valuation of the taxable property above the valuation of the year 1868, in such counties, townships, incorporated cities and towns as may be entitled to the benefits of this act, and the taxes upon which are herein directed to be credited to counties, townships, cities and towns, and upon the amount remaining he shall cause to be collected such a per cent as shall be sufficient to pay the appropriations and other demands upon the treasury due to the end of each fiscal year; and the same per cent shall also be collected on the said increased valua- tion above the valuation of the year 1868, and applied as herein pro- vided. [§ 19, ch. 113, R. S. 509. Entrt of payment.] § 10. Upon the payment of any such registered bond or interest coupons by the county, township, city or 174 town issuing the same, and presentation thereof to the State Auditor, he shall cause due entry thereof to be made in his office. [§ 20, ch. 113, R. S. 510. When BONDS FULLY PAID WITHIN TEN YEARS.] § 11. And if the principal and interest of the bonds registered under the pro- visions of this act shall be fully paid and canceled at any time before the expiration of the full term of ten years, during which the funds provided in section 1 of this act are to applied to the credit of such county, township, city or town, then the provisions of this act in re- spect thereto shall cease and determine, and no further money de- rived from said taxes shall be so applied. [§ 21, ch. 113, K. S. 511. COLLEOTOES' BONDS INCREASED — FEES.] § 12. The collec- tors' bonds in counties, townships, cities and towns where collections shall be made under the provisions of this act, shall be increased fifty per centum, and collectors in counties not under township organiza- tion shall pay into the State treasury a sufficient amount of the taxes collected in such county to meet the interest to be annually paid on such registered bonds, on or before the twentieth day of June of each year. And there shall be allowed and paid to county, township, city or town collectors, for collecting and paying over the taxes levied by virtue of this act, the following rates of commissions, to be ascer- tained and computed in the same manner that commissions for col- lecting and paying over the State taxes are ascertained and computed, and paid from the taxes so collected, to- wit: To township, city or town collectors, at the rate of two per centum on all sums collected, and to county collectors, at the rate of one per cent on all sums re- ceived by them from township, city and town collectors, which shall be in full for receiving the same and paying it into the State treasury, and for adjusting the accounts of and settling with the township, city and town collectors for their collections of said tax; and a commis- sion of three per cent on all sums by themselves collected and paid over into the State treasury. [§ 22, ch. 113, R. S. 512. Takes EFFECT.] §13. And this act shall take effect from and after its passage. [23, ch. 113, R. S. EETUEN OP BONDS AND COUPONS AFTER PAYMENT. AN ACT to require State and county treasurers to deliver up bonds and coupons issued in aid of railroad or other corporations, which have been paid, to any person or persons who may be authorized by any county, town or city to receive the same. [Approved March 7, 1872, in force July 1, 1872. L. 1871-2. p. 203.] 513. Paid bonds and coupons delivered up.] § 1. Be it en- acted by the People of the State of Illinois, represented in the Gen- eral Assembly: That the Treasurer of State, and all county treasurers in the State, at whose office any county, town or city bonds or coupons are made payable by law, which have been issued in aid of any railroad or other corporation or in payment of the stock of any such railroad or other corporation in this State, shall, at least once in each year, after this act shall be in force, if so requested by the proper authorities of any such county, town or city, account to and with any person designated by any such county, town or city, for any and ail money that may have come to his or their hands for 175 the payment of any bonds or coupons, so issued as aforesaid, and shall, upon such accounting, deliver up to such person so designated by any of the counties, towns or cities aforesaid, any and all bonds or coupons that he or they may have fully paid off and discharged out of the money coming into their hands for such purpose, and to take a voucher for all such bonds or coupons so delivered. [§ 24, ch. 113, K. S. 514. Pees— SALARY.] §2. There shall be allowed and paid out to the county treasurers, and to the county, town and city collectors for collecting, receiving and paying out any and all taxes levied for the payment of any such bonds or coupons or interest on the same, the amount of one-half per centum, as fees for such service, and no more, for such amount so paid out: Provided, if any of the above officers are now or may be hereafter paid a salary for the perform- ance of these duties, then they shall not be paid any other compen- sation whatsoever. [§ 25, ch. 113, R. S. 515. Repeal.] § 3. All laws in conflict with this act are hereby repealed. [§ 26, ch. 113, R. S. REFUNDING EXISTING DEBTS. AN ACT to enable counties, cities, townships, school districts and other municipal corpor- aLions to take up and cancel outstanding: bonds and other evidences of indebtedness, and fund the same. [Approved and in force March 26, 1872. L. 1871-2, p. 202. J 516. New BONDS for old indebtedness.] §1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: That in all cases where any county, city, town, township, school district or other municipal corporation have issued bonds or other evidences of indebtedness for money on account of any sub- scription to the capital stock of any railroad company, or on account of, or in aid of any public buildings or other public improvement, or for any other purposes which are now binding or subsisting legal ob- ligations against any county, city, town, township, school district or other municipal corporations, and remaining outstanding, and which are properly authorized by law, the proper authorities of any such county, city, town, township, school district or other municipal cor- porations may, upon the surrender of any such bonds, or other evi- dences of indebtedness, or any number thereof, issue in place or in lieu thereof to the holders or owners of the same, new bonds or other evidences of indebtedness, in such form, for such amount, upon such time, not exceeding the term of twenty years, and drawing such rate of interest, not exceeding 10 per cent, as may be agreed upon with such holders or owners; and such new bonds or other evidences of indebtedness, so issued, shall show on their face that they are issued under this act: Provided, that the issue of such new bonds in lieu of such indebtedness shall first be authorized by a vote of a majority of the legal voters of such county, city, town, township, school dis- trict or other municipal corporation, voting either at some annual or special election of such municipal corporation: And provided fur- ther, that such bonds or other evidences of indebtedness shall not be issued so as to increase the aggregate indebtedness of such municipal corporation beyond 5 per centum on the value of the taxable property 176 therein — to be ascertained by the last assessment for State and county taxes prior to the issuing of such bonds or other evidences of indebtedness. Nothing contained in this act, or in the act to which this is an amendment, shall be held to repeal or in anywise affect the power of the city of Chicago to issue new bonds to an amount sufficient to retire and satisfy maturing bonds of said city, conferred by section 38 of an act of the General Assembly, approved February 13, 1863, amending the charter of said city. [As amended by act approved April 14, 1875, in force July 1, 1875. L. 1875, p. 100. [§ 27, ch. 113, R. S. 5 1 7. Emergency.] § 2. Whereas some counties, cities, town- ships and other municipal corporations in this State, have outstand- ing bonds and other evidences of indebtedness that will soon fall due, and are without any remedy for renewing or funding the same, there- fore this act shall be in force from and after its passage. [§ 28, ch. 113, R.S. EEGISTEBBD KAILEOAD BONDS. AN ACT to provide for the payment of the registered indebtedness of counties, townships, cities and towns. I Approved March 27, 1874. In force July 1, 1874.] 518. Surplus funds used to pukohasb bonds.] § 1. Be it en- acted by the People of the State of Illinois, represented in the Gen- eral Assembly .• On the first day of July of each year, the Treasurer and Auditor shall estimate the amount of surplus funds which will remain in the State treasury to the credit of each of the local bond funds, after deducting the amount necessary for the payment of all interest on the registered railroad bonds which will fall due before the re- ceipt of taxes by the next levy; and on the third Monday of Septem- ber of each year such surplus shall be applied to the purchase of such registered bonds, at not more than par, on their presentation at the State treasury, in the manner hereinafter provided. [§ 29, ch. 113, R, S, 519. Publication — how surplus applied,] § 2, The Treasurer shall, during the month of July of each year, publish such detailed estimate, showing the surplus, if any, to the credit jof the bond fund of each county, township, city or town having a registered railroad debt, with the announcement that on the third Monday of September following, such surplus will be used at the State treasury in the pur- chase from the lowest bidder, at not more than par, of the indebted- ness of counties, townships, cities and towns registered in pursuance of law. The surplus to the credit of each county, township, city or town shall only be applied to the purchase of the registered bonds of such county, township, city or town. The publication required to be made by the Treasurer shall be made for five days during the month of July in some daily paper of general circulation in the cities of Springfield and Chicago. [§ 30, ch. 113, R. S. 520. Bids received — bonds canceled and returned. J § 8. Bids shall be received until noon of such third Monday of Septem- ber, when the treasurer and auditor shall open them and make awards to the lowest bidders- and upon any such payment or purchase of 177 such bonds, the amount paid upon the principal thereof shall be en- dorsed on said bonds, and receipts therefor shall be taken and filed in the office of the State Treasurer; and the bonds, when fully paid, shall be canceled by the State Treasurer and returned to the proper officers of the locality issuing the same. [§ 81, ch. 113, R. S. 521. When and how surplus funds invested and aid oease.] § 4. If there shall be no proposals to sell the bonds of any county, township, city or town, at not more than par, sufficient to absorb such surplus funds, it shall be the duty of the treasurer to invest such sur- plus not expended in the payment or purchase of such bonds, in United States bonds at their market value; and thereafter the inter- est on such United States bonds shall be added to the fund to which such bonds belong, and on the first of July of each year the value of such United States bonds belonging to the several funds shall be considered in the estimate made by the Auditor and Treasurer as afore- said. The United States bonds shall be sold and the proceeds ap- plied to the purchase of registered bonds offered, at not more than par, on the third Monday in September. And whenever the invested surplus of any local bond fund shall be equal to the amount out- standing of the registered indebtedness of the county, township, city or town to which such funds belong, such county, township, city or town shall cease to receive the benefits of the act of April 16, 1869; and the Auditor shall only levy for interest, in case the interest earned by such invested surplus shall not be sufficient to pay the interest on the registered bonds outstanding. [§ 82, ch. 113, R. S. LIMITATION OF LIABILITY. AN ACT to amend an act entitled "An act to limit and determine the time for which counties, cities, townships, town and precincts in this State shall be liable and bolden to issue aid for the building of any railroad in pursuance of any vote taken in conformity to the laws of this State," approved May 29, 1877, in force July 1, 1877. [Approved June 22, 1883. In force July 1, 1883. L. 1883, p. 122.] 522. To LIMIT LIABILITY TO ISSUE RAILROAD AID BONDS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an act entitled, "An act to amend an act entitled, 'An act to limit and determine the time for which coun- ties, cities, townships, towns and precincts in this State shall be liable and holden to issue aid for the building of any railroad in pursuance of any vote taken in conformity to the laws of this State,' " approved May 29, 1877, and in force July 1, 1877, be amended so as to read as follows: That the liability of all counties, cities, townships, towns or pre- cincts which have voted aid or donations to or subscriptions to the capital stock of any railroad company in conformity to the laws of this State, for the building, or in aid of the building of any railroad to, into, through or near such county, city, township, town or pre- cinct, to issue such voted aid, shall cease and determine upon and after the first day of September, A. D. 1883; and no bonds shall be issued or stock subscribed to any such railroad company after that date upon account of, or upon the authority of such vote: Provided^ —12 178 this act shall not apply in any case where the express conditions of the vote for such aid shall extend the time for the building of such railroad beyond the said date: And it is further provided, that this act shall not apply in any case where any railroad shall have been built; or shall, before said date, be built in accordance with the con- ditions of the vote for aid to such railroad: And it is further pro- vided, that this act shall not apply to any case where such aid shall have been deposited, or shall, before said date, be deposited with any trustee or trustees, upon written or printed conditions, to be delivered to said railroad company at some future time: Provided, further, that this act shall not be construed so as to require any county, city, township, town or precinct to issue, pay or deliver any such aid or bonds where the same may have been voted and subscribed upon any condition or conditions which shall not be complied with within the time expressed in the notice of election, proceedings or vote au- thorizing such aid to be paid or given: Provided, further, this act shall not be construed to revive the right of any railroad company to have any subscription for stock made, or bonds issued, where such subscription has not been actually and formally made and entered on the subscription books of the company by the proper municipal oflS- cer before the passage of this act, but shall revive only such aid as may have been voted by way of donation. [§ 33, ch. 113, R. S. 523. Repeal.] § 2. Each and every act contrary to the pro- visions of sections 1 of this act is hereby repealed. [§ 3Bi, ch. 113, R. S. SINKING FUND POE LOCAL INDEBTEDNESS. AN AUT to provide a sinking fund for local indebtedness. [Approved May 28, 1881; in force July 1, 1881; L. 1881, p. 113.] 524-. Sinking FUND — how created.] §1. Be it enacted by the People of the State of Illinois, represented m the General Assembly: That whenever any county, township, city, town or school district shall owe any bonded debt not due, which is registered in the office of the Auditor of this State, the board of supervisors, or board of county commissioners, town auditors, city council, town trustees, or school directors of such county, township, city, town or school dis- trict, as the case may be, may, by resolution spread upon their records, and certified to the Auditor, request said Auditor to create a sinking fund to meet any such debt, or any installment thereof, by the time the same shall become due and payable. Said resolution shall specify the principal amount to be so provided for, the time when the same shall become due, and the amount they desire raised annually to meet the same. [§ 34 ch. 113, R. S. 525. Auditor to jix and certify rate.] § 2. Upon the receipt of such resolution the Auditor shall file in his office the same, and thereafter it shall be his duty, in certifying the amount of taxes to be raised within said district, to fix and certify a rate, to be denom- inated "Sinking Fund Tax," sufficient to produce the amount annu- ally required in said resolution, and the same shall be levied, extended and collected and paid into the State treasury the same as other State taxes. [§ 35, ch. 113, R, S. 179 526. Fund — how invested.] §3. The State Treasurer shall re- ceive said taxes so collected and shall invest the same in United States government bonds, or in the bonds of the county, township, city, village or school district to which said fund belongs, and for which it is created, at the lowest price for which such bonds can be purchased, not, however, to exceed the par value and accrued interest, and such county commissioners, supervisors, town auditors, city coun- cil, town or village trustees, or school directors, shall have the right to determine the kind of bonds they will authorize to be purchased, and to fix the maximum price that may be paid for the same, and in case of the purchase of government bonds, then the Treasurer shall receive the interest as it accrues on said bonds and reinvest it in the same kind of securities, and in case of the purchase of the bonds for which the sinking fund is raised, then such purchased bond shall be re- turned to the county, township, city, village or school district and be canceled or destroyed by the proper authorities. [§ 36, ch. 113, R. S. REFUNDING OF SUKPLUS FUNDS, AN ACT making provision for the refunding of surplus funds that are now or hereafter may be in State treasury to the credit of the bond funds of counties, townships, cities, towns, school districts and other municipal corporations having bonds registered in the of&ce of the Auditor of Public Accounts, when such bonds have been paid and canceled. [Approved and in force June 14, 18S3. L. 1883. p. 121.J 527. Payment OF SURPLUS FUND.] ^1. Beit enacted by the Peo- ple of the State of Illinois, represented in the General Assembly: That whenever all the bonds of any county, township, city, town, school district or other municipal corporation that may have been registered, in pursuance of law, in the oflBce of the Auditor of Public Accounts, have been paid and canceled upon the records of said Auditor, and there remains in State treasury after said payment, any balance to the credit of the bond fund of such county, township, city, town, school district or other municipal corporation, it shall be the duty of the Auditor of Public Accounts, on receipt of certified copy of resolution as provided for in section two (2) of this act, to draw his warrant upon the State Treasurer for the amount of said balance, who is hereby authorized to pay same out of the proper fund. [§ 87, ch. 113, R. S. 528. Certified COPY OF resolution — before warrant drawn.] § 2. Before any warrant can be drawn for balance in State treasury to the credit of the bond fund of any county, township, city, town, school district or other municipal corporation it will be necessary for the corporate authorities of such county, township, city, town, school district or other municipal corporation to pass a resolution request- ing the Auditor of Public Accounts to issue his warrant upon State Treasurer for the amount of said balance, payable to the order of the proper custodian of funds of said county, township, city, town, school district or other municipal corporation, who shall be named in said resolution, and to have a certified copy of same furnished said Auditor. [§ 38, ch. 113, R. S. 529. Emergency.] §3. Whereas, large sums of money are now idle in the State treasury which ought to be paid back to the munici- palities to whose credit the same stand, and there is at present no 180 provision of law for such payment, therefore an emergency exists, and this act shall take effect and be in force from and after its pas- sage. [§ 39, ch. 113, R. S. REFUNDING SURPLUS FUNDS. AN ACT makinsr provision for the refundins of surplus funds that are now, or hereafter may be, in the State treasury to the credit of the bond funds of counties, townships, cities, towns, school districts and other municipal corporations baviner bonds registered in the office of the Auditor of Public Accounts when such bonds have been paid and can- celed, or when bonds purportine to have been issued by any county, township, city, town, school district or other municipal corporation, and registered in the office of the Auditor aforesaid shall be held void, or the law under which such bonds purport to have been issued shall be held void by the Supreme Court of this State or the Supreme Court of the United States. [Approved and in force June 10, 1885. L. 1885, p. 223.] 530. EeGISTEEED bonds — payment of surplus FUNDS.] § 1. £e it enacted by the People of the State of Illinois, represented in the General Assembly : That whenever all the bonds of any county, township, city, town, school district or other municipal corporation that may have been registered in pursuance of law in the office of the Auditor of Public Accounts, have been paid and canceled upon the records of said Auditor and there remains in the State treasury after said payment, any balance to the credit of the bond fund of such county, township, city, town, school district or other municipal corporation, it shall be the duty of the Auditor of Public Accounts, on receipt of copy of resolution as provided for in section 3 of this act, to draw his warrant upon the State Treasurer for the amount of said balance, who is hereby authorized to pay the same out of the proper fund, [§ 40, ch. 113, R, S. 531. When bonds held void — copy of resolution before war- rant DRAWN,] § 2, Whenever the Supreme Court of this State or the Supreme Court of the United States shall hold any bonds void purporting to be issued by any county, township, city, town, school district or other municipal corporation, registered in pursuance of law in the office of the Auditor of Public Accounts, or whenever the act under which such bonds purport to have been issued shall be held void by the Supreme Court of this State or the Supreme Court of the United States, and there remains in the State treasury a bal- ance of funds to the credit of the bond fund of such county, town- ship, city, town, school district, or other municipal corporation purport- ing to have issued said bonds and there are no other valid bonds issued by such county, township, city, town, school district or other municipal corporation registered in the office of the Auditor of Public Accounts in pursuance of law to which said balance of funds may be applied, it shall be the duty of the Auditor, on receipt of a certified copy of resolution provided for in section 3 of this act, to draw his warrant upon the State Treasurer for the amount of said balance, who is hereby authorized to pay the same out of the proper fund. fS 41, ch, 118, R. S. 532. City, etc., to pass resolution before warrant drawn.] § B. Before any warrant shall be drawn on the State Treasurer as provided in sections one and two of this act for any balance to the credit of any bond fund of any county, township, city, town, school district, or other municipal corporation, to which such balance is due, Buch county, township, city, town, school district, or other municipal 181 corporation, shall by its proper corporate authorities pass a resolu- tion requesting the Auditor of Public Accounts to issue his warrant upon the State Treasurer for the amount of such balance, payable to the proper custodian of the funds of such county, township, city, town, school district, or other municipal corporation, which said resolution shall contain the name of such proper custodian, and a certified copy of the same shall be furnished said Auditor: Provided, that in towns under township organization the board of town auditors is hereby authorized to pass the resolution herein provided for, and the Auditor of Public Accounts, upon a receipt of a certified copy of such resolution, may draw his warrant on the State Treasurer for such balance in favor of the proper custodian of such fund. [§ 42, ch. 113, K. S. 533. Refusal of auditor to draw warrant — mandamus.] § 4. In all cases where the Auditor of Public Accounts shall refuse to draw his warrant on the State Treasurer, as provided in sections one and two of this act, the county, township, city, town, school district, or other municipal corporation having funds to the credit of its bond fund in the State treasury, may, after serving said Auditor with a certified copy of resolution provided for in section three of this act, file its petition in any court of competent jurisdiction for mandamus to compel said auditor to draw his warrant on the State Treasurer for such balance, and such proceedings may thereupon be had and taken on such petition as is now provided, or may hereafter be pro- vided, to be had and taken in proceedings on petitions for mandamus under the laws of this State. [§ 43, ch, 113, R. S. 534. Emergency. J § 5. Whereas, large sums of money are now idle in the State treasury, which ought to be paid back to the mu- nicipalities to whose credit the same stands, and there is at present no provision of law for such payment, therefore an emergency exists, and this act shall take effect and be in force from and after its pass- age. [§ 44, ch. 113, R. S. WARRANTS. AN ACT to provide for the manner of issuing warrants npon the treasurer of any county , township, city, school district or other municipal corporation and jurors' certificates' (Approved May 31, 1879. In force July 1, 1879. Laws 1879, p. 78.] 535. When warrants mat be drawn.] § 1. Beit enacted hy the People of the State of Illinois, represented in the General As- sembly: That warrants payable on demand, shall hereafter be drawn and issued upon the treasurer of this State or of any county, town- ship, city, school district or other municipal corporation, or against any fund in his hands, only when at the time of the drawing and is- suing of such warrants there shall be sufficient money in the appro- priate fund in the treasury to pay said warrants. [§ 1, ch, 146a, R. S. 536. Issued in anticipation of taxes — in payment of.] § 2. That whenever there is not sufficient money in the treasury of any county, city, town, village, school district or other municipal corpo- ration to meet and defray the ordinary and necessary expenses there- 182 of, it shall be lawful for the proper authorities thereof to provide a fund to meet said expenses by issuing and disposing of warrants drawn against and in anticipation of any taxes already levied by said authorities for the payment of the ordinary and necessary expenses of such county, city, town, village, school district or other municipal corporation, to the extent of seventy-five per centum of the total amount of any such tax levied: Provided, That warrants drawn and issued under the provisions of this section shall show upon their face that they are payable solely from said taxes when collected and not otherwise, and shall be re- ceived by any collector of taxes in payment of the taxes against which they are issued, and which taxes against which said warrants are drawn, shall be set apart and held for their payment. [As amended by act approved May 11, 1901. In force July 1, 1901. L. 1901, p. 321; § 2, ch. 146a, K. S. 537. When waeeants to bear interest — jurors' certificates. ] § 3. Every warrant issued under this act shall, unless paid within 30 days after its issuance, bear interest, payable only out of the taxes against which it shall be drawn, at the rate of five per centum per an- num from the date of its issuance until paid, or until notice shall be given by publication in a newspaper or otherwise, that the money for its payment is available, and that it will be paid on presenta- tion unless a lower rate of interest shall be specified therein, in which case the interest shall be computed and paid at such lower rate. All jurors' certificates shall hereafter be issued in conformity with the provisions of this act. [As amended by act approved May 11, 1901 ; in force July 1, 1901. L. 1901, p. 321; § 3, ch. 146a, K. S. 538. Kepeal.] § 2. An act entitled, "An act to provide for the payment of interest on warrants of municipal corporations," approved June 15, 1895; in force July 1, 1895, is hereby repealed. [This act approved May 11, 1901. In force July 1, 1901. L. 1901, p. 321; § 4, ch. 146a, R. S. TAXATION — Acts Concerning the Levy and Collection op Municipal Taxes. [Paragraphs 539-575.] municipal taxes. AN ACT to amend an "Act in reeard to the assessment and collection of municipal taxes." approved May 23, 1877. [Approved June 11, 1897; in force July 1. 1897; L. 1897, p. 93.] 539. How MAT BE assessed AND COLLECTED.] % 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That "An act in regard to the assessment and collection of municipal taxes," passed May 23, 1877, be and the same is hereby amended so that hereafter it shall read as follows: All cities, villages and incorporated towns in this State, whether organized under the general law or special charters, shall assess and collect their taxes in the manner, and have power to assess and col- lect them at the rate provided for in article (8) of the act entitled. 183 "An act to proyide for the incorporation of cities and villages," ap- proved April 10, 1872, and in the manner provided for in the general revenue law of this State; and all acts, or parts of acts, inconsistent with the provisions of this act are hereby repealed. [§ 283, ch. 24, R. S. RATE OP TAXATION. AN ACT in relation to the rate of taxation in cities, villaees and Incorporated towns. [Ap- proved and in force May 30, 1881; L. 1881, p. 69.] 540. Rate of taxation.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all cities, villages and incorporated towns in this State not now hav- ing, by their respective charters, the power to levy and collect as high a rate of taxation as is herein authorized and provided for, shall here- after have power to assess, levy and collect annually upon the tax- able property within their respective limits, for all corporate purposes, in addition to all taxes which any such city, town or village may now or hereafter be authorized by law to levy and collect to support and maintain schools, erect school buildings, and for all other school pur- poses, and to pay interest on its registered bonded indebtedness, such an amount as their respective corporate authorities may prescribe, not exceeding in any year the rate of one per cent of the assessed valuation of such taxable property as equalized by the State Board of Equalization for the preceding year. And the said rate author- ized by this act shall be in lieu of all rates and items of taxation now provided and authorized in such charters, for all purposes other than for schools, the erection of school buildings, and all other school pur- poses, and for paying interest on the registered bonded indebtedness of such city, town or village. [§ 284, ch. 24, R. S. 541. Legalization — levy.] §2. Every tax levy made for law- ful corporate purpose by any city, village or incorporated town within this State in the year 1880, up to the rate of taxation above author- ized, is hereby ratified, authorized, legalized and confirmed to the same effect in all respects as though such levy had been made subse- quent to the going into effect of this act. [§ 285, ch. 24, R. S. 542. Emergency.] § 3. Whereas, an emergency exists, by rea- son of certain cities in this State being now without necessary power to levy taxes, therefore, this act shall take effect and be in force from and after its passage. [§ 286, ch. 24, R. S. CERTIFICATE TO COUNTY CLERK. 543. Certificate of bates.] § 122. The proper authorities of towns, townships, districts and incorporated cities, towns and villages collecting taxes under the provisions of this act, shall annually, on or before the second Tuesday in August, certify to the county clerk the several amounts which they severally require to be raised by taxa- tion, anything in their respective charters, or in acts heretofore passed by the General Assembly of this State, to the contrary notwithstand- ing. [As amended by act approved May 3, 1873; L. 1873, p. 45; § 122, ch. 120. R. S. 184 TAXATION TO BE UNIFORM. AN ACT to restore uniformity in the taxation of real and personal property, for all pur- poaes. In the several counties and cities of this State. [Approved Jan. i, 1872, in force July 1,1872. L. 1872, p. 753,1 544. Uniformity restored.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the real and personal property within all incorporated towns and cities in every county in this State shall be taxable for all purposes, any local or special law in regard to exemption of any particular town or city to the contrary notwithstanding; and all provisions of law in conflict with this act are hereby repealed; but nothing herein shall be construed as authorizing the taxation of property allowed to be exempt by any general law now in force or that may hereafter be passed. And all laws requiring any city to support and provide for its paupers, to assume liabilities, or perform duties required of coun- ties by the general laws of this State, are hereby repealed ; and the general laws of this State upon such subjects, in relation to counties and cities, shall be applicable to all counties and cities in the State. [§ 363, ch. 120, R. 8. MUNICIPAL property EXEMPT FROM TAXATION. AN ACT for the assessment of property and for the levy and collection of taxes. [Ap- proved March 30, 1872, in force July 1, 1872. L. 1872, p. l.J 545. § 2. All property described in this section, to the extent herein limited, shall be exempt from taxation, that is to say — Sixth — All property belonging to any county, town, village or city, used exclusively for the maintenance of the poor. All swamp or overflowed lands belonging to any county, so long as the same re- main unsold by such county. All public buildings belonging to any county, township, city or incorporated town, with the ground on which such buildings are erected, not exceeding in any case ten acres. Seventh — All property of institutions of purely public charity, when actually and exclusively used for such charitable purposes, not leased or otherwise used with a view to profit; and all free public libraries. Eighth — All fire engines and other implements used for the ex- tinguishment of fires, with the building used exclusively for the safe keeping thereof, and the lot of reasonable size on which the building is located, when belonging to any city, village or town. Ninth — All market houses, public squares or other public grounds used exclusively for public purposes. All works, machinery and fix- tures belonging exclusively to any town, village or city, and used ex- clusively for conveying water to such town, village or city. [§ 2, ch. 120, R. S. SWORN STATEMENS BY COLLECTORS. 546. Thirty DAT SETTLEMENTS WITH CITIES, ETC. ] § 164. Town and district collectors shall, every 30 days, when required so to do by 185 the proper authorities of incorporated towns, cities and villages, road and school districts, for which any tax is collected, render to said au- thorities a statement of the amount of each kind of tax collected for the same, and at the same time pay over to such authorities the amount so shown to be collected. [As amended by act approved May 3, 1873; L. 1873, p. 45; § 164, ch. 120, R. S. 547. Thirty day settlements with county oollectoe.J § 165. Such town and district collectors shall, every 30 days, render a simi- lar account of the taxes payable to the State treasury, and of the county taxes, to the county collector, and at the same time pay over the amount of such taxes to said county collector. [8 165, ch. 120, R.S. 548. Local taxes to be paid over, etc.] § 166. Said town and district collectors shall pay over the town, road, school and other local taxes, as may be directed in the warrant attached to the collec- tor's book. [§ 166, ch. 120, R. S. 549. Final settlement fob local taxes before return.] ,8 167. Each town and district collector shall make final settlement tor the township, district, city, village and town taxes, charged in the tax books, at or before the time fixed in this act for paying over and making final settlement for State and county taxes collected by them. In such settlements, said collectors shall be entitled to credit for the amount of their commissions on the amount collected, and for the amount uncollected on the tax books, as may be determined by the settlement with the county collector. [§ 167, ch. 120, R. S. 550. Duplicate receipts.] § 168. The officer to whom any such moneys may be paid, under the preceding sections, shall deliver to the collector duplicate receipts therefor. [§ 168, oh. 120. R. S. payment by collectors. 551. To PAY CITIES, ETC., EVERY TEN DAYS.] § 244. The county collector shall report and pay over the amount of tax and special as- sessments, due to towns, districts, cities, villages, corporations and persons, collected by him on delinquent property, at least once in every ten days, when demanded by the proper authorities or persons. [§ 244, ch. 120, R. S. 552. Failure to make eepoet — suit.] § 245. Any county col- lector failing to make the reports and payments hereinbefore required, for five days after the time specified for that purpose, or after de- mand made as aforesaid, the auditor or such other authorities or per- sons, may bring suit upon the collector's bond. [§ 245, ch. 120, R. S. 553. Failure TO ACCOUNT AND PAY over — suit.] § 246. If any county collector fails to account and pay over as required in the pre- ceding sections, his office may be declared vacant by the county board, or by any court in which suit is brought on his official bond. [§ 246, ch. 120, R. S. 554. When bond sued by city, town, etc.] § 262 Cities, towns, villages or corporate authorities, or persons aggrieved, may prosecute suit against any collector or other officer collecting or re- 186 ceiving funds for their use, by suit upon the bond, in the name of the people of the State of Illinois, for their use, in any court of com- petent jurisdiction, whether the bond has been put in suit at the in- stance of the auditor or not; and in case of judgment thereon the Auditor may, if he shall so elect, have a writ of inquiry of damages- for any amount that may be due to the State treasury from such offi- cer. Cities, towns, villages and other corporate authorities or per- sons, shall have the same rights in any suits or proceedings in their behalf as is provided in case of suits by or in behalf of the State. [As amended by act approved March 24, 1874; L. 1873, p. 57; § 262,. ch. 120, R. S. WHEN RECORDS ARE DESTROYED. 555. Nev? assessment.] § 269. When assessment rolls or col- lector's books, in whole or in part, of any county, town, city, incorpo- rated village or district, shall be lost or destroyed by any means whatever, a new assessment, or new books, as the case may require, shall be made under the direction of the county board. Said board shall, in such cases, fix reasonable times and dates for performing the work of assessment, equalization, levy, extension and collection of taxes, and paying over the same, or making new books, as the cir- cumstances of the case may require. All the provisions of this act shall apply to the dates fixed by the county board, in the same man- ner that they apply to the dates for similar purposes, as fixed by this- act. The county board is hereby fully empowered to select and ap- point persons, where it may find the same necessary, to carry into ef- fect the provisions of this section. [§ 269, ch. 120, R. S. REBATE AND REDUCTION OF TAXES. ETC. AN ACT to prevent the unjust collection, by incorporated cities and towns, of taxes levied upon property destroyed by fire, and to authorize the common council of such cities, or board of trustees of such towns, to change or amend appropriation bills, to pass new appropriation bills, to reduce taxes and special assessments in certain cases, and to dis- continue special Improvements. [Approved and in force Jan. 18, 1872; L. 1871-2, p. 270. 556. Rebate WHEN PEOPERTT DESTBOTED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever, in any incorporated city or town in this State, any property listed or assessed for municipal taxation, shall have been or shall hereafter be destroyed by fire, in whole or in part,, before the levy of the municipal taxes of such city thereon, or before the municipal taxes levied thereon shall have been collected, it shall and may be lawful for the mayor of such city or town — if there be no mayor, then the president of the board of trustees, the city comp- troller, if there should be one; and if not, then the city clerk or town clerk, and the tax commissioner, if there should be one; if not, then the chairman of the finance committee of the city council, or board of trustees — to rebate or remit so much of such tax or taxes, so levied upon such property, as in their opinion should be rebated or remitted by reason of such property having been, in whole or in part, destroyed by fire. [§ 277, ch. 24, R. S. 557. Reduce OR release TAX OR ASSESSMENT.] § 2. That when- ever, in any incorporated city or town in this State, any large portion 187 of the taxable property of such city shall have been or shall hereafter be destroyed by fire, so as to seriously impair or affect the ability of the property owners of such city or town to pay taxes or special assessments thereon, and an appropriation bill has been made or passed, or special improvements ordered before such fire, and the tax or assessment for the payment or raising of the same has not been levied or collected, it may be lawful for the city council or board of trustees of any such town to alter, revise, change, reduce or vacate, or repeal such appropriation bill, or any part of the same, and to order the discontinuance of said special improvements, or any of the same, or to reduce the amount of taxes or special assessments ordered to be levied, or assessed, or collected for any general or special pur- pose, and to pass a new appropriation bill; which new appropriation bill shall have the same force and effect as if the same had been passed within the time prescribed by the charter of any such city or such corporate town. [§ 278, ch. 24, R. S. 558. Emeegenoy.] § 3. Whereas, a large amount of property listed for taxation in the city of Chicago, and in other cities and towns of this State, has been destroyed by fire before the taxes thereon have been paid, which taxes it would be unjust to collect, it is de- clared that an emergency exists that this law go into force imme- diately, and therefore it is enacted that this law shall be in force from and after its passage. [§ 279, ch. 24, R. S. REFUNDING ILLEGAL TAXES. AN ACT to refund Illegal taxes. FApproved June 27, 1885; in force July 1,1885; L. 1885, p. 61.] 559. City MAY EEEUND ILLEGAL TAXES — LIMITATION.] % 1. Be it enacted by the people of the State of Illinois, represented in the Gen- eral Assembly: That, whenever, in any of the cities of this State, any taxes for city purposes have been collected and paid into the city treasury without authority of law, and the city council of such cities have caused certificates to be issued to the persons or corporations who have paid such illegal taxes, certifying that such taxes were illegally assessed and collected, the city councils of such cities are hereby authorized to make an appropriation as soon as possible after this act shall take effect for the purpose of refunding such illegal taxes, with 6 per cent interest per annum from the date of such cer- tificates, and warrants shall be drawn for the payment of such sums and interest, out of the fund so appropriated, to the persons or cor- porations who obtained such certificates, or their assignees or legal representatives, in the usual manner prescribed by the charter of said cities, or by the general law: Provided, such certificates are pre- sented to the comptroller of such cities for exchange for warrants within two years after this act shall go into effect. And the treas- urers of any such cities shall pay said warrants out of said appro- priations. [§ 873, ch. 24, R. S. 188 SURPLUS FUND OR TAX. AN ACT to prohibit any city, town or village in this State from receivinB from the county treasury a greater proportion of the surplus fund or tax, than shall be received by any other city, town or village within the same county. [Approved May 4, 1877, and in force Jnly 1, 1877; L. 1877, p, B5.J 560. Peopoktion of tax. J § 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly : That no 272 manner as shall suit the wishes and convenience of a majority of the inhabitants in their respective townships, and to make a division of funds and other property in the manner provided for by section 63 of Article III of this act, and on any Saturday thereafter there shall be elected in each of the new districts so formed, a director, directors, or board of education, as the case may be, in the manner provided for in section 6 of Article V of this act, and thereafter such districts shall proceed as other districts under this act; but all subsequent elections of directors or boards of education shall be conducted as provided for in sections 5 and 8 of Article V of this act. [§ 172, ch. 122, R. S. 801. Board in cities of 100,000 inhabitants — election and TEEMS OF MEMBERS.] § 17. In oities having a population exceeding 100,000 inhabitants from and after this act shall take effect, the board of education shall consist of 21 members, to be appointed by the mayor, by and with the advice and consent of the common council, seven of whom shall be appointed for the term of one year, seven for the term of two years, and seven for the term of three years: Pro- vided, however, that in such cities wherein there is now a board of education, holding their office by appointment, such officers shall con- tinue in office until the time at which their terms would have expired under the law in force at the time of their appointment. At the ex- piration of the term of any members of said board, their successors shall be appointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by the appointment of the mayor, with the approval of the common council for the unexpired term: And, provided further, that from and after this act shall take effect there shall be appointed by the mayor, by and with the advice and consent of the common council, six members, two of whom shall be appointed for the term of one year, two for the term of two years, and two for the term of three years. [As amended by act approved June 22, 1891; in force July 1, 1891; L. 1891, p. 195; § 173, oh. 122, R. S. 802. Who eligible to membership.] § 18. Any person having resided in any such city more than five years next preceding his ap- pointment, shall be eligible to membership of such board of educa- tion. [§ 174, ch. 122, R. S. 803. Organization of board.] § 19. The said board of educa- tion shall appoint a president and secretary, the president to be ap- pointed from their own number, and shall appoint such other officers and employes as such board shall deem necessary, and shall prescribe their duties, and compensation and terms of office. [§ 175, ch. 122, R. S. 804. Books— EEOORDS— teas and nats.] § 20. The said board shall provide well bound books, at the expense of the school tax fund, in which shall bo kept a faithful record of all their proceedings. The yeas and nays shall be taken and entered on the records of the pro- ceedings of the board upon all questions involving the expenditure of money. [§ 176, ch. 122, R. S. 273 805. Power of boaed with oonoueebnoe of oitx council.] § 21. The said board of education shall have charge and control of the public schools in such cities, and shall have power with the concur- rence of the city council: First — To erect or purchase buildings suitable for school houses and keep the same in repair. Second — To buy or lease sites for school houses with the necessary grounds. If said board of education shall be unable to agree with the owner or owners for the purchase of such site, then, with the con- currence of the city council, it may acquire the title to said site in the manner that may be now or hereafter provided for by any law of eminent domain. Such proceedings to condemn shall be in the name of said city in trust for the use of the schools. Third — To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing sites for the same, and to provide for the payment of said bonds, to borrow money for school purposes upon the credit of the city. [As amended by act approved April 22, 1899; in force July 1, 1899; L. 1899, p. 349; § 177, ch. 122, R. S. 806. PowEES OF BOAED. J § 22. The said board of education shall have power — First — To furnish schools with the necessary fixtures, furniture and apparatus. Second — To maintain, support and establish schools, and supply the inadequacy of the school funds for the salaries of school teachers from school taxes. Third— To hire buildings or rooms for the use of the board. Fourth — To hire buildings or rooms for the use of schools. Fifth — To employ teachers and fix the amount of their compensa- tion. Sixth— To prescribe the school books to be used, and the studies in the different schools. Seventh — To lay off and divide the city into school districts, and from time to time' to alter the same and create new ones, as circum- stances may require, and generally to have and possess all the rights, powers and authority required for the proper management of schools, with power to enact such ordinances as may be deemed necessary and expedient for such purpose. Eighth— To expel any pupil who may be guilty of gross disobedi- ence or misconduct. JSfinth — To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the school may, in their opinin, require such removal or dismission. Tenth — To apportion the scholars to the several schools. Eleventh—To lease school property, and to loan moneys belonging to the school fund. [§ 178, ch. 122, R. S. —18 274 807. Duty or boaed.] § 23. It shall be the duty of such board of education: First — To take the entire superintendence and control of the schools in such cities. Second — To examine all persons offering themselves as candidates for teachers, and when found well qualified, to give them certificates gratuitously. Third — To visit all the public schools as often as once a month. Fourth — To establish all such by-laws, rules and regulations for the government, and for the establishment, and maintenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary. Fifth — To determine, from time to time, how many and what class of teachers may be employed in each of the public schools, and em- ploy such teachers and fix their compensation. Sixth — To take charge of the school houses, furniture, grounds, and other property belonging to the school districts, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated. Seventh — To provide fuel, and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to the said districts. Eighth — To inquire into the progress of scholars and the govern- ment of the schools. Ninth — To prescribe the method and course of discipline and in- struction in the respective schools, and to see that they are main- tained and pursued in the proper manner. Tenth — To prescribe what studies shall be taught, and what books and apparatus shall be used. Eleventh — To report to the city council, from time to time, any suggestions they may deem expedient or requisite in relation to the schools and the school fund, or the management thereof, and gener- ally to recommend the establishment of new schools and districts. Twelfth — To prepare and publish an annual report, which shall include the receipts, and expenditures of each school, specifying the source of such receipts, and the object of such expenditures. Thirteenth — To communicate to the city council, from time to time, such information within their possession as may be required. [§ 179, ch. 122, R. S. 808. Powers exekoised only at meetings.] § 24. None of the powers herein conferred upon the board of education of such cities shall be exercised by them except at a regular meeting of such board. [§ 180, ch. 122, R. S. 809. Conveyances — how made.] § 25. All conveyances of real estate shall be made to, and the title of all such as shall be acquired by condemnation shall rest in, the city in trust for the use of the schools, and no sale of real estate or interest therein used for school 275 purposes or held in trust for schools shall be made, except by the city council, upon the written request of such board of education. [, a^^^^^^ ^y ^°* approved April 22, 1899. In force July 1, 1899. L, 1899, p. 349; § 181, ch. 122, R. S. 810. Moneys held by city teeasuber as a special fund.] I 26. All moneys raised by taxation for school purposes or received from the State common school fund, or from any other source, for school purposes, shall be held by the city treasurer, as a special fund for school purposes, subject to the order of the board of education, upon warrants to be countersigned by the mayor and city comptrol- ler, if there shall be any city comptroller appointed, if not, then by the city clerk. [As amended by act approved April 22, 1899. In force July 1, 1899. L. 1899, p. 349; § 182, ch. 122, R. S. 811. Board of education — limit as to expenditures.] § 27. Said board of education shall not add to the expenditures for school purposes anything over and above the amount that shall be received from the State common school fund the rental of school lands or property, and the amount annually appropriated for such purposes. If said board shall so add to such expenditure the city shall not, in any case, be liable therefor. And nothing herein contained shall be construed so as to authorize any such board of education to levy or collect any tax upon the demand, or under the direction of such board of education. [§ 183, ch. 122, R. S. 812. No powee given to board to be exercised by city.] § 28. All schools in such cities shall be governed as hereinbefore stated, and no power given to the board of education shall be exercised by the city council of such city. [§ 184, ch. 122, R. S. 813. Board op education — examination of teachers — certifi- cates.] § 29. Boards of education in all cities having but one board exercising jurisdiction over the schools of the district of which said city may be a whole or part, and having a population exceeding 80,- 000 and not exceeding 100,000 inhabitants, as shown by the last pre- ceding federal or school census, shall have power to examine all persons offering themselves as candidates for teachers, and when found well qualified, to give them certificates. Any such certificate shall be held to authorize the teacher having the same to teach only in the schools of such district, and to entitle such teacher to receive 3ompensation therefor from the public school fund. The examina- ;ion herein provided for shall in every case extend to and include all ;he branches enumerated in the examination now, or which shall be lereafter required, by general law to be given by county superin- ;endents, and shall not be construed so as to dispense with the ;eaching in the public schools of this State of any study which is low, or may hereafter be prescribed by general law. Every appli- sant for a teacher's certificate shall pay to the board of education the Bes which may be required to be paid to county superintendents by general law, and said board shall transmit the same monthly to said sounty superintendent. [Added by act approved April 24, 1899; :n force July 1, 1899; L. 1899, p. 344. § 184a, ch. 122, R, S. ';■'•;.; ■■■ .::' '':-r::: 276J ;,:;::; '.-■■j;- ' " ' 814. Repeal, 1 §2. All acts and parts of acts in conflict with this act are hereby repealed. [Added by act approved April 24, 1899; in force July 1, 1899; L. 1899, p. 344. § 184b, ch. 122, R. S. Abtiole XIV. PINES AND FORPBITUBES IMPOSED OB INCURRED UNDER ORDINANCES. 815. To BE PAID TO SUPERINTENDENT OP SCHOOLS — DISTRIBUTION OP.] § 1. All fines, penalties and forfeitures imposed or incurred in any of the courts of record, or before any justice of the peace of this State, except fines, forfeitures and penalties incurred or imposed in incorporated towns or cities for the violation of the by-laws or ordi- nances thereof, shall when collected, be paid to the county superin- tendent of schools of the county wherein such fines, penalties or forfeiture have been imposed or incurred, and the said county super- intendent of schools shall give his receipt therefor to the person from whom such fine, forfeiture or penalty was received. The said county superintendent shall annually distribute such fines, penalties or forfeitures in the same manner as the common school funds of the State are distributed. [§ 269, ch. 122, R. S. Article XVI, 8 1 6. Construction op school law — saving bights of cities, ETC.] § 7. This act shall not be so construed as to repeal or change, in any respect, any special acts in relation to schools in cities having less than 100,000 inhabitants or incorporated towns, townships or districts except that in every such city, town, township or district the limit of taxation for educational and building purposes shall be the same as that fixed in section one, article eight of this act ; and except that it shall be the duty of the several boards of education or other officers of any city or incorporated town, township or district, having in charge schools under the provision of any of said special acts, or of any ordinance of any city or incorporated town on or before the 15th day of July preceding each session of the General Assembly of this State, or annually, if required so to do by the State Superintend- ent of Puljlic Instruction, to make out and render a statement of all such statistics and other information in regard to schools and the enumeration of persons, as is required to be communicated by town- ship boards of trustees or directors, under the provisions of this act, or so much thereof as may be applicable to said city or incorporated town, to the county superintendent of the county where such city or incorporated town is situated, or of the county in which the larger part of such city or incorporated town is situated; nor shall it be lawful for the county superintendent, or any other officer or person, to pay over any portion of the common school fund to any local treasurer, school agent, clerk, board of education, or other officer or person of any township, city or incorporated town, unless a report of the number of persons and other statistics relative to schools, and a statement of such other information as is required by the board of trustees or of directors, as aforesaid, and of other school officers and ; 277 eachers, under the provisions of this act, shall have been filed at the ime or times aforesaid, specified in this section, with the superin- endent of the proper county as aforesaid. [As amended by act ap- )roved and in force March 31, 1891. L. 1891, p. 198; [8 295, ch. 22, R. S. i- » L8 , MEMBERS OF COMMON COUNCIL EX OFFICIO SCHOOL DIRECTORS-HOW APPOINTED. lN act to provide for the appointment of school directors, and members of the board of education in certain oases. [Approved May 29. 1879, in force July 1. 1879. As amended by act approved May 31, 1881, In force July 1, 1881. j . ^ iuoii,io.i 817. School dikeotoes.J § 1. Be it enacted by the People of he State of Illinois, represented in the General Assembly: That in 11 cases whereby the provisions of any general or special law of this 5tate herebefore passed, the members of the common council of any ity have been made ex officio school directors, or members of the ipard of education in and for the school district of which the said ity shall constitute the whole or a part, the said school directors or nembers of the board of education shall hereafter be appointed as lereinafter provided. [§ 309, ch. 122, E. S. 8 1 8. School dieectoes — how appointed.] § 2. It shall be the [uty of the mayor of such city, at the first regular meeting of the ity council, after each annual municipal election, and after his in- tallation into office, to nominate and place before the council for onfirmation as school directors, or members of the board of educa- ion, as the case may be, one person from each ward of said city to erve for two years, and one person from the city at large to serve for ne year, and if the persons so appointed shall be confirmed by a lajority vote of the city council, to be entered of record, the persons appointed, together with such persons theretofore appointed un- er the provisions of the act to which this is an amendment, whose arms of service shall not expire within one year, shall constitute the oard of education or school directors for such district: Provided, bat the person appointed from the city at large for one year shall be resident of said board of education or school directors, but shall ave no vote in such board excepting in case of a tie: And provided r one year. All rights, powers and duties heretofore exercised by, id devolved upon, the members of the city council as ex officio embers of the board of education or school directors, shall devolve pon and be exercised by the members of the board of education and ihool directors appointed under the provisions of this act. [As nended by act approved and in force May 28, 1889. L. 1889, p. 56; § 311, oh. 122, R. S. 278 820. CEBTirioATE OF TAX — LIMITATION.] § 4. In all school dis- tricts to which this act shall apply, the boards of education or school directors shall annually, before the first day of August, certify to the city council under the hands and seals of the president and secre- tary of the board, the amount of money required to be raised by tax- ation for school purposes in said district for the ensuing year, and the said city council shall thereupon cause the said amount to be levied and collected in the same manner now provided by law for the levy and collection of taxes for school purposes in such district, but the amount to be so levied and collected shall not exceed the amount now allowed to be collected for school purposes by the general school laws of this State; and when such taxes have been collected and paid over to the treasurer of such city or school district, as may be pro- vided by the the terms of the act under which such district has been organized, such funds shall be paid out only on the order of the board of education or school directors, signed by the president and secretary of such board. [§ 312, ch. 122, R. S, TRUANT OPPICERS TO BE APPOINTED IN CITIES, ETC. AN ACT to promote attendance of children in seliools and to prevent truancy. [Approved June 11, 1897; in force July 1. 1897: L. 1897, p. 296.J 821. Children must be sent to school at least sixteen WEEKS EACH TEAR — WHO EXCEPTED.] § 1. Be it enocted by the People of the State of Illinois, represented in the General Assembly: That every person having control of any child between the ages of seven (7) and fourteen (14) years shall annually cause such child to attend for at least sixteen (16) weeks, twelve (12) weeks of which at- tendance shall be consecutive, some public or private school, which time, for pupils under ten (10) years of age, shall commence with the beginning of the first term of the school year of such school, and not later than December 1st of said school year for pupils above the age of ten (10) years, or as soon thereafter as due notice shall be served upon the person having such control of his duty under this act: Provided, that this act shall not apply in any case when the child has been or is being otherwise instructed, for a like period of time in each and every year, in the elementary branches of education by a person or persons competent to give such instruction ; or whose physical or mental condition renders his or her attendance impracti- cable or inexpedient, or who is excused for sufficient reason by any competent court of record. [§ 318, ch. 122, R. S. 822. Penalty.] § 2. For every wilful neglect of such duty as prescribed by section one (1) of this act the person so offending shall forfeit to the use of the public school of the city, town or dis- trict in which such child resides, a sum not less than one (1) dollar nor more than five (5) dollars, and costs of suit, and shall stand com- mitted until such fine and costs of suits are fully paid. [§ 314, ch. 122, R. S. 823. Board to appoint truant officer — duty of — when PARENT MAY TAKE TRUANT CHILD FROM SCHOOL.] § 3. The board of education in cities, towns, villages and school districts and the 279 board of school directors in school districts, shall appoint at the time of appointment or election of teachers each year, one or more truant officers whose duty it shall be to report al Iviolations of this act to said board of education or board of directors and to enter complaint against and prosecute all persons who shall appear to be guilty of such violation. It shall also be the duty of said truant officers so appointed, to arrest any child of school going age that habitually haunts public places and has no lawful occupation, and also any truant child who absents himself or herself from school, and to place him or her in charge of the teacher having charge of any school which said child is by law entitled to attend, and which school shall be designated to said officer by the parent, guardian or person hav- ing control of said child. In case such parent, guardian or person shall designate a school without making or having made arrange- ments for the reception of said child in the school so designated, or in case he refuses or fails to designate any school, then such truant officer shall place such child in charge of the teacher of the public school. And it shall be the duty of said teacher to assign said child to the proper class, and to instruct him or her in such studies as he or she is fitted to pursue. The truant officers so appointed shall be entitled to such compensation for services rendered under this act as shall be determined by the boards appointing them, and which com- pensation shall be paid out of the distributable school fund: Pro- vided, that nothing herein contained shall prevent the parent, guar- dian or person having charge of such truant child, which has been placed in any school by the truant officer, to thereafter send said child to any other school which said child is by law entitled to attend. [§ 315, ch. 122, K. S. 824. Penalty foe person having control op child making FALSE STATEMENT.] § 4. Any pcrsou having control of a child who, with intent to evade the provisions of this act, shall make a wilfully false statement concerning the age of such child, or the time such child has attended school, shall for such offense forfeit a sum of not less than three (3) dollars nor more than twenty (20) dollars for the use of the public schools of such city, town, village or district. [§ 816, ch. 122, R. S. 825. Fines — how recovered — use of.] § 5. Any fine and penalty mentioned in this act may be sued for and recovered, before any court of record or justice of the peace of the proper county, in the name of the people of the State of Illinois for the use of the pub- lic schools of the city, town, village or district in which said child resides. [§ 317, ch. 122, R. S. 826. Repeal.] § 6. An act entitled "An act concerning the education of children," approved June 19, 1893, in force July 1, 1893, is hereby repealed. [§ 318, ch. 122, R. S. 280 SCHOOL INSPECTORS IN CERTAIN CITIES. AN ACT extending: the powers of boards of school inspectors elected under special acts [Approved and in force June 19, 1893, L. 1893, p. 176.] 827. Boards of school inspectors in cities, etc., 20,000 and less than 100,000 inhabitants — power op school inspectors.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities in this State having over 20,000, and less than 100,000 inhabitants, whose schools are now operated under special law, and where, by such law, territory outside of the city limits is added to the territory within the city for school purposes, and where such school district or districts is not co-exten- eive with the township in which such city is situated, and where by such special law, boards of school inspectors, consisting of six mem- bers (three in each of two districts) are elected, the provisions of any such special law dividing such territory into two districts shall be held to be only for the purpose of electing members of the board of school inspectors, and for all other purposes the territory in two such districts shall he held to be included in one school organization, and the board of school inspectors in addition to the other powers given by such special law, and the general school laws, shall have power to employ teachers, janitors and such other employes as such board shall deem necessary, and to fix the amount of their compen- sation; to buy or lease sites for school houses, with the necessary grounds; to build, erect, lease or purchase buildings suitable for school houses; to repair and to improve school houses, and to fur- nish them with the necessary supplies, fixtures, apparatus, libraries and fuel, and it shall be the duty of such board to take the entire supervision and control of the schools in such district or districts. [As amended by act approved and in force June 11, 1897. L. 1897, p. 292; § 355, ch. 122, R. S. 828. Money — how raised and held.] § 2. All money necessary for the purposes mentioned in section one of this act shall be raised as now provided by law, not to exceed the amount by law limited, and shall be held by the treasurer as a special fund for school pur- poses, subject to the order of school inspectors, upon warrants to be countersigned by the mayor and city clerk. [§ 356, ch. 122, R. S. 829. Record op proceedings — what to contain,] § 3. The said board shall provide well bound books at the expense of the school tax fund, in which shall be kept a faithful record of all of its proceedings. The yeas and nays shall be taken and entered on the record of the proceedings of the board upon all questions involving the expenditure of money. [§ ji57, ch. 122, R. S. 830._ Emergency ] § 4. Whereas, an emergency exists, there- fore this act shall take effect, and be in force from and after its pas- sage. [§ 358, ch. 122, R. S. 281 SCHOOL INSPECTORS IN CERTAIN DISTRICTS. AN ACT Increasing the number of school inspectors, elected under special acts, from six to seven members. [Approved and in force March 6, 1896; L. 1895, p. 99.] 831. Increases THE NUMBER of school inspeotoes, etc.] § 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities in this State having over 10,000 and less than 100,000 inhabitants, whose schools are now oper- ated under special law, and where, by such special law, boards of school inspectors consisting of six members (three in each of two dis- tricts) are elected, such boards shall hereafter consist of seven mem- bers; and at the time other members of such boards are elected in April, 1895, and each three years thereafter, such additional member shall be elected for a term of three years, by all the voters entitled to vote at school elections of the entire school territory embraced in said two districts: and whenever such additional member is to be elected, he shall be designated and voted for as "member of board of school inspectors at large." [§ 381a, ch. 24, E. S. 832. Emeegency.J §2. Whereas, an emergency exists, therefore this act shall take efPeot and be in force from and after its passage. [§ 381b, ch. 24, K. S. SCHOOL TAXES IN CERTAIN DISTRICTS. AN ACT giving cities organized under special charters and having the government of public schools under such charters, the government of public schools in any territory annexed to said cities, with the right to levy and assess taxes for school purposes against the property in said territory so annexed. I Approved April 12, 1899; in force July 1, 1899; L. 1899, p. 345,] 833. Right to levy and assess taxes foe school pueposes AGAINST peopeety.] § 1. .Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities in this State, having a population of less than 20,000, and incorporated under any special law, whose public or common schools within the corporate limits of said city are governed by virtue of such special acts, where any territory has been heretofore, or may hereafter be annexed to said city for general corporate purposes, such territory so annexed shall be included in, and shall be subject to the control and government of said cities for school purposes upon petition signed by a majority of the legal voters in the territory to be annexed, as fully and to the same extent as if the said territory were originally within the corporate limits of said city as created by such special acts, and said territory when so annexed shall thereby become dis- connected from any school district to which, prior to such annexa- tion, it may have been connected or belonged. [§ 381c, ch. 24, R. S. 834. Right of cities referred to in section 1, to levy taxes FOR school purposes, ETC.] § 2. All cities referred to in section 1 of this act shall have the right to levy, assess and collect taxes for school purposes in the territory so annexed, in the same manner, and as fully and to the same extent as the said cities may now have said right over the territory comprised within the original corporate limits of said cities, f§ 381d, ch. 24, R. S. 282 BOARDS OF EDUCATION IN CEKTAIN CITIES, ETC. AN ACT to give cities, incorporated towns, townships and districts in which free schools are now managed under special acts, authority to elect boards of education having the same powers as boards of education now elected under the general free school laws of this State. [Approved and m force June 2, 1891. L. 1891, p. 194. 835. Boards op education in cities, etc., of 1,000 and not OVER 20,000 inhabitants.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any city, incorporated town, township or district having a population of not less than 1,000 and not over 20,000 inhabitants, in which free schools are now managed under any special act, may by vote of its electors determine to elect, instead of the directors or other govern- ing or managing board, now provided for by such special act, a board of education which shall be elected at the time and in the manner and have the powers now conferred by law upon boards of education of districts not governed by any special act. [§ 351, oh. 122, R. S. 836. Boards OF education — election — notice.] §2. Upon pe- tition of 50 voters of such city, town, township or district, presented to the board having the control and management of school in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than 15 days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "electing a board of education having the powers con- ferred upon such boards in districts organized under the free school laws," which notice may be in the following form, to-wit: Public notice is hereby given that on the day of A. D , an election will beheld at between the hours of .... m. and .... m. of said day for the purpose of deciding the question of "electing a board of education having the powers conferred upon such boards in districts organized under the free school law." If it shall appear upon a canvass of the returns of such election that a majority of the votes cast at such election are "for electing a board of education having the powers conferred upon such boards iu districts organized under the free school law," then at the time of the next regular election for boards of education under the free school law there shall be elected a board of education for such district; and should there not be sufficient time to give the notice required by law for such election, then such election may be held on any Saturday thereafter, but all subsequent elections shall be held at the time pro- vided by the free school law. [§ 352, ch. 122, R. S. 837. Repeal.] § 3. All acts and parts of acts in conflict with this act are hereby repealed. [§ 358, ch. 122, R. S. 838. Emergency.] § 4. Whereas, an emergency exists requiring this act to take immediate effect, therefore be it enacted that this act shall be in force from and after its passage, [§ 354, ch. 122, R. S, 283 BOARDS OF EDUCATION IN CERTAIN SCHOOL DISTRICTS. AN ACT to provide for the election of boards of education in school districts oreanized un- der special acts of the Legislature of this State where such school districts are main- tained under the eeneral school laws of this State and where there is no provision in such special acts for the election of boards of education. [Approved June 10, 1897, ia force July 1, 1897. L. 1897, p. 289. J 839. Election of board of education — organization and POWERS OF BOARD — TERMS OF OFFICE.] § 1, That hereafter, in all school districts in this State organized under any special law of this State, and maintaining public schools under any general school laws- of this State, where there is no provision in said special acts creating such special school districts, for the election of boards of education as otherwise provided, there shall be elected in each of said special school districts, in lieu of the school directors as now provided, a board of education, to consist of seven members to be elected at the time and in the manner as now provided by the general law for the election and qualification of boards of education in other cases: Provided, that at the first election of such board, which shall be held on the third Saturday in April A. D. 189y, two of such members shall be elected to serve one year, two to serve two years, and two to serve three years, and a president of such board shall be elected, whose- term of office shall be one year; and annually thereafter there shall be elected in said school district two members of such board, whose term of office shall be three years, and there shall also be elected annually thereafter a president of said board. Said board of educa- tion, when so elected and qualified, shall have all the powers of trustees of schools in school townships as is now provided by general law. Said board of education, in addition to the powers of trustees aforesaid, shall also have all the powers of school directors as is now provided for by the general school law of this State; and in addition thereto and inclusive thereof, they shall have all the powers and per- form all the duties of boards of education in school districts having a population of not less than 1,000 and not over ] 00,000 inhabitants under the general school law as the same now exists and as set forth in Article VI of the school law, or as shall be conferred by any future alterations thereof by the Legislature. [As amended by act approved and in force May 11, 1901. L. 1901, p. 294; § 427, ch. 122, K. S. KINDERGARTEN SCHOOLS. AN ACT authorlzine school districts managed by boards of education and directors to es- tablish and maintain kindergarten schools. [Approved April 17. 1895; in force July 1, 1895. L. 1895, p. 310.] 840. Boards of education and directors may establish kin- dergarten SCHOOLS.] § 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That in addition to other grades or departments now established and maintained in the public schools of the State, any school district managed by a board of education or board of directors is hereby empowered when authorized by a majority of all the votes cast at an election for that purpose, such election to be called and held in accordance with the provisions of article IX of an act entitled, "An act to establish and maintain a system of free schools," approved and in force May 21, 1889, to establish in connection with the public schools of such dis- trict a kindergarten or kindergartens for the instruction of children. 284 between the ages of 4 and 6 years, to be paid for in the same manner as other grades and departments now established and maintained m the public schools of such district. No money accruing to such dis- trict from the school tax fund of the State shall be used to defray the tuition or other expenses of such kindergarten, but the same shall be defrayed from the local tax and the special school revenue of said district. [§ 414, ch. 122, R. S. 841. Teachers to hold oertipioates. J § 2 All teachers in kin- dergartens established under this act shall hold a certificate issued as provided by law, certifying that the holder thereof has been ex- amined upon kindergarten principles and is competent to teach the same. [§ 415, ch. 122, R. S. MANUAL TRAINING DEPARTMENTS FOR HIGH SCHOOLS. AN ACT to provide for the establishment and maintenance of manual tralnins depart- ments for high schools. [Approved June 3, 1897; In force July 1, 1897. L. 1897, p. 293. 842. How MANUAL TRAINING DEPARTMENTS MAT BE ESTABLISHED IN HIGH SCHOOLS.] § 1. Be it enacted hy the People of the State of Illinois represented in the General Assembly: That upon the peti- tion of not less than 50 voters of any high school district, filed with the township treasurer at least 15 days preceding the regular election of members of the board of education for said high school district, it shall be the duty of said treasurer to notify the voters of said dis- trict that an election " For " or " Against " the establishment of a manual training department for said high school will be held at the next annual election of the board of education by posting notices of such election in at least ten of the most public places throughout the township for at least ten days before the day of such regular election, which notice may be in the following form: HIGH SCHOOL ELECTION. Notice is hereby given that on Saturday, the day of April, A. D an «l«ction will be held at for the purpose of votine " For" or " Against " the proposition to establish a manual training department for the high school in township No range No The polls for said election will be opened at o'clock and closed at o'clock of said day. Township Treasurer. § 424, ch, 122, R. S. 843. How BALLOTS CANVASSED.] § 2. The ballots for such elec- tion shall be received and canvassed as in other elections, and may have on them the names of the board of education voted for at said election. [§ 425, ch. 122, R. S. 844. When duty oe board of education to establish manual TRAINING DEPARTMENTS.] § 3. If a majority of the votes cast at such election shall be in favor of establishing a manual training depart- ment for the high school in said district, it shall be the duty of the board of education to establish and maintain therein such depart- ment as part of the high school. [§ 426, ch. 122, R. S. 285 PARENTAL OK TRUANT SCHOOLS. AN ACT to enable Boards of Education or Boards of School Trastees to establish and maintain parental or truant schools. [Approved April 24, 1899. In force July 1, 1899. L> 1899, p. 346.] 845. In WHAT cities and when to be established — FOE WHAT PURPOSE ESTABLISHED.] § 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That in cit- ies having a population of 100,000 inhabitants or more, there shall be established, maintained and conducted, within two years from the date of taking effect of this act, one or more parental or truant schools for the purpose of affording a place of confinement, discipline, instruction and maintenance of children of compulsory school age who may be committed thereto in the manner hereinafter provided. [§ 433, ch. 122, R. S. 846. How SITES, BUILDINGS AND FURNITURE MAINTAINED.] § 2. For the purpose of establishing such school or schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such cities; but no such school shall be located at or near any penal institution. And it shall be the duty of the Board of Education to furnish such schools with such furniture, fixtures, apparatus and provisions as may be necessary for the maintenance and operation thereof. [§ 434, ch. 122, R. S. 847. Superintendent, teachers — course of instruction.] § 3. The Board of Education may also employ a superintendent and all other necessary officers, agents and teachers; and shall prescribe the methods of discipline and the course of instruction; and shall ex- ercise the same powers and perform the same duties as is prescribed by law for the management of other schools, [§ 436, ch. 122, R. S. 848. Religious training.] § 4. No religious instruction shall be given in said school except such as is allowed by law to be given in public schools; but the Board of Education shall make suitable regulation so that the inmates may receive religious training in ac- cordance with the belief of the parents of such children either by allowing religious services be held in the institution or by arranging for attendance at public service elsewhere. [§ 436, ch. 122, R. S. 849. What children received and how admitted,] § 5. It shall be the duty of any truant oflicer or agent of such Board of Education to petition, and any reputable citizen of the city may pe- tition, the county or circuit court of the county, to inquire into the case of any child of compulsory school age who is not attending school, and who has been guilty of habitual truancy, or of persistent violation of the rules of the public school, and the petition shall also state the names, if known, of the father and mother of such child, or the survivor of them; and if neither father nor mother of such child is living, or can not be found in the county, or if their names can not be ascertained, then the name of the guardian if there be one known; and if there be a parent living whose name can be ascertained, or a guardian, the petition shall show whether or not the father or moth- er or guardian consents to the commitment of such child to such 286 p arental or truant school. Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed the judge of the county or circuit court shall have such child named in the petition brought before him for the purpose of determining the application in said petition contained. But no child shall be committed to such school who has ever been convicted of any offense punishable by confinement in any penal institution. [§ 437, ch. 122, R. S. 850. Oedee committing child to such paebntal oe teuant school to be kept theee until foueteen yeaes of age.] § 6. Upon the finding of such petition the clerk of the court shall issue a writ to the sheriff of the county directing him to bring such child before the court, and if the court shall find that the material facts set forth in the petition are true, and if in the opinion of the court such child is a fit person to be committed to such parental or truant school, an order shall be entered that such child be committed to such parental or truant school, to be kept there until he or she ar- rives at the age of 14 years, unless sooner discharged in the manner hereinafter set forth. Before the hearing aforesaid notice in writing shall be given to the parent or guardian of such child, if known, of the proceedings about to be instituted, that he or she may appear and resist the same, if they so desire. [§ 438, ch. 122, R. S. 851. Duty of paeent oe guaedian to provide suitable cloth- ing.] § 7. It shall be the duty of the parent or guardian of any .child committed to this school to provide suitable clothing upon his or her entry into such school, and from time to time thereafter as it may be needed, upon notice in writing from the superintendent or other proper officer of the school. In case any parent or guardian shall refuse or neglect to furnish such clothing, the same may be provided by the board of education, and such board may have an ac- tion against such parent or guardian of said child to recover the cost of such clothing, with 10 per cent additional thereto. [^ 489, ch. 122, R. S. 852. Rules and eegulations — when child may be released ON PAEOLE.] § 8. The board of education of such city shall have power to establish rules and regulations under which children com- mitted to such parental or truant school may be allowed to return home upon parole, but to remain while upon parole in the legal cus- tody and under the control of the officers and agents of such school, and subject at any time to be taken back within the enclosure of such school by the superintendent or any authorized officer of said school except as hereinafter provided; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of education. No child shall be released upon parole in less than four weeks from the time of his or her com- mitment, nor thereafter until the superintendent of such parental or truant school shall have become satisfied from the conduct of such child that, if paroled, he or she will attend regularly the public or private school to which he or she may be sent by his or her parents or guardian, and shall so certify to the board of education. \& 440, oh. 122, R. S. 287 853. Monthly eepokt of paeoled child to be sent by princi- pal — WHEN MAY BE FINALLY DISOHAEGED.] § 9. It shall be the duty of the principal or other person having charge of the school to which such child so released on parole may be sent, to report at least once each month to the superintendent of the parental or truant school, stating whether or not such child attends school regularly, and obeys the rules and requirements of said school; and if such child so released upon parole shall be regular in his or her attendance at school and his or her conduct as a pupil shall be satisfactory for a period of one year from the date which he or she was released on parole, he or she shall then be finally discharged from the parental or truant school, and shall not be re-committed thereto except on petition as hereinbefore provided. [§ 441, ch. 122, R. S. 854. Child violating parole.] § 10. In case any child re- leased from said school upon parole, as hereinbefore provided, shall violate the conditions of his or her parole at any time within one year thereafter, he or she shall upon the order of the board of educa- tion, as hereinbefore provided, be taken back to such parental or truant school, and shall not be again released upon parole within the period of three months from the date of such re-entering; and if he or she shall violate the conditions of a second parole he or she shall be re-committed to such parental or truant school and shall not be released therefrom on parole until he or she shall remain in such school at least one year. [§ 442, ch. 122, R. S. 855. When child incorrigible may be committed to some JUVENILE reformatory.] § 11. In any case where a child is found to be incorrigible and his or her influence in such school to be detri- mental to the interests of the other pupils, the board of education may authorize the superintendent or any officer of the school to represent these facts to the circuit or county court by petition; and the court shall have authority to commit said child to some juvenile reformatory. [§ 443, oh. 122, R. S. 858. When the board of education in certain cities may ESTABLISH A PARENTAL OR TRUANT SCHOOL, j § 12. Boards of Edu- cation in cities having a population of over 25,000 and less than 100,000, may establish, maintain and operate a parental or truant school for the purposes hereinbefore specified, and in case of the es- tablishment of such a school, the boards of education shall have like power in their respective cities as is herebefore expressed: Provided, that no board of trustees or board of education under this section shall put this law into effect until submitted to a vote of the people and adopted by a majority vote at some general election, f § 444, ch. 122, R. S. 288 WATER, HEAT AND LIGHT— Acts oonoeening Watekwoeks AND Heating and Lighting Plants. [Paeageaphs 857-893.] MUNICIPALITIES MAY FIX WATER KATES. AN ACT to enable cities, towns and villages incorporated under any general or special law of this State to flx the rates and charges for the supply of water furnished by any indi- vidual, company or corporation to any such city, town or village and the inhabitants thereof, [Approved June 6, 1891; in force July 1, 1891. Laws 1891, p. 85.] 857. May fix eates foe watee supply.] § 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: That the corporate authorities of any city, town or village, now or hereafter incorporated under any general or special law of this State, in which any individual, company or corporation has been, or hereafter may be, authorized by such city, town or village to supply water to such city, town or village and the inhabitants thereof, be and are hereby empowered to prescribe by ordinance maxi- mum rates and charges for the supply of water furnished by such individual, company or corporation to such city, town or village and the inhabitants thereof, such rates and charges to be just and rea- sonable. And in case the corporate authorities of any such city, town or village shall fix unjust and unreasonable rates and charges, the same may be reviewed and determined by the circuit court of the county in which such city, town or village may be. [§ 267f, ch. 24, E. S. municipalities may construct waterworks. an act authorizing cities, incorporated towns and villages to construct and maintain waterworks. [Approved and in force April 15, 1873.] 858. POWEE to S UPPLY watee — LETTING OONTEAOT — EMERGENCY. ] § 1 . That all cities, incorporated towns and villages of this State, be and are hereby authorized and shall have power to provide for a supply of water for the purposes of fire protection, and for the use of the inhabitants of such cities, incorporated towns or villages by the erection, construction and maintaining of a system of waterworks or by uniting with any adjacent city, incorporated town or village, in the erection, construction and maintaining of a system of water- works for the joint use of such cities, incorporated towns or villages, or by procuring such supply of water from any adjacent city, incorpo- rated town or village already having waterworks. Provided, that all contracts for the erection or construction of such works or any part thereof, shall be let to the lowest responsible bidder therefor, upon not less than three (3) weeks public notice of the terms and conditions upon which the contract is to be let having been given by publication in a newspaper published in such city, town or village, or if no newspaper is published therein, then in some newspaper published in the county. And provided, further, that no raember of the city council or board of trustees or mayor shall be directly or indirectly interested in any such contract, and in all oases the council or board of trustees as the case may be. shall have the right to reject any and all bids that may not be satisfactory to them. 289 Whereas, An emergency exists, therefore this act shall be in force from and after its passage. [As amended by act approved and in force May 14, 1879. L. 1879, p. 64.; § 254, ch. 24, R. S. 859. Borrowed money — tax.] § 2. Such cities, incorporated towns and villages may borrow money and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the erection, construction and maintaining of such waterworks, and appropriate money for the same. [§ 255, ch. 24, E, S. 860. Mat acquire property foe works, etc. J § 3. For the purpose of erecting, constructing, locating, maintaining or supplying such waterworks, any such city, incorporated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or otherwise; and shall also have the- power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, construction and maintaining of such waterworks, in the manner provided for the taking and condemning of private property for public use; and may also acquire and hold real estate and other property and rights nec- essary for the location, erection, construction and maintenance of such waterworks, by purchase or otherwise; and the jurisdiction of such city, town or village to prevent or punish any pollution or in- jury to the stream or sourse of water for the supply of such water- works, shall extend ten miles beyond its corporate limits. [§ 256, ch. 24, R. S. 861. Rules — tax — assessment — lien.] § 4. The common coun- cil of such cities, or trustees of such towns or villages, shall have power to make and enforce all needful rules and regulations in the erection, construction and management of such water works, and for the use of water supplied by the same. And such cities, towns aud villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such water works, as the com- mon council or board of trustees, as the case may be, shall deem just and expedient. And all such water taxes, rates or rents shall be a lien upon the premises and real estate upon or for which the same is used or supplied. And such taxes, rents or rates shall be paid and collected, and such lien enforced, in such manner as the common council shall, by ordinance, direct and provide. [§ 257, ch. 24, E. S. 862. Special assessment.] § 5. The expense of locating, and erecting and constructing reservoirs and hydrants for the purpose of fire protection, and the expense of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate spec- ially benefited thereby, if any, in such manner as may be provided for the making of special assessments for other public improvements in such cities, towns or villages. [§ 258, ch. 24, R. S. 863. Separate eund.J § 6. All the income received by such cities towns or villages from such water works, from the payment —19 290 and collection of water taxes, rents or rates, shall be kept in a separ- ate fund, and shall first be applied in the payment and discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof. And any surplus may be applied in such manner as the common council or board of trustees may direct. [§ 259, ch. 24, K. S. 864. When act not apply.] § 7. The provisions of this act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works. [§ 260, ch. 24, E. S. 865. Emergency.] § 8. Whereas, many of the cities embraced in this act are entirely without adequate protection from fires, and are without lawful authority to provide the necessary means of pro- tection authorized by this act; therefore an emergency exists that this act should take effect immediately; therefore, this act shall take effect and be in force from and after its passage. [§ 261, ch. 24, R. S. MUNICIPALTIES MAT CONTRACT FOB WATER SUPPLY. AN ACT to enable cities, incorporated towns and villages to contract for a supply of water for public use, and to levy and collect a tax to pay tor the water so supplied. [Approved April 9. 1872. In force July 1, 1873. L. 1871-2, p. 271.] This title is as amended by act ap- proved June 26. 1885. In force July 1, 1885. L. 1886, p. 64. 1 866. Power to contract for water.] ^ 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities, incorporated towns and villages where water works have been, or may hereafter be constructed by any per- son or incorporated company, the city, town or village authorities in such cities, incorporated towns and villages may contract with such person or incorporated company for a supply of water for public use for a period not exceeding thirty years. [As amended by act ap- proved June 30, 1885. In force July 1, 1885. L. 1885, p. 64; 8 266, ch. 24, K. S. 867. Tax.] § 2. Any such city or village so contracting may levy and collect a tax on all taxable property within such city or vil- lage, to pay for the water so supplied. [§ 267, ch. 24, R. S. MUNICIPALITIES MAT PURCHASE OB CONSTRUCT WATERWORKS. AN ACT to enable cities and villages to buy or construct waterworks, and to provide for the management thereof, and giving them authority to levy an annual tax and to pledge same in payment therefor. [Approved April 19, 1899; in force July 1, 1899. L. 1899, p. 108.] 868. Power TO LEVY a direct annual tax of not more than ONE PER CENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That cities and villages shall have the power to levy, in addition to the taxes now authorized by law, a direct annual tax of not more than 1 cent on the dollar upon all the property within the corporate limits of the city or village, said tax to be payable yearly for a period of not more than 30 years; the proceeds of said tax to be used solely for the purchase or construction of waterworks. [§ 270h, ch. 24, R, S. 291 869. Contract fok pukohase oe erection of waterworks DIRECT ANNUAL tax,] § 2. Whenever any city or village desires to avail Itself of the provisions of this act, the city council or board of trustees, as the case may be, may, by ordinance or resolution, con- tract tor the purchase or erection of waterworks for a orovisionally certain fixed sum, or may so contract for purchase and' extension if the plant proposed to be purchased shall be inadequate, and such contract for erection or purchase, together with a report from the r *u A^ village engineer recommending the same, shall be pub- lished at least once a week for three consecutive weeks in a daily or weekly newspaper published in said city or village, and shall at the same time provide by resolution or ordinance for the levying of a direct annual tax as authorized in section 1 of this act, the total of which said tax for the term levied, together with the an- nual revenue which is estimated to be derived from the works, shall be sufficient to pay the contract price for the works together with in- terest on same ; but such contract for purchase or erection, and such tax, shall not be valid or binding until confirmed by vote, as follows: [§ 270i, ch. 24, R. S. 870. Such contract and tax after action by the council to BE SUBMITTED TO VOTERS— MANNER OF SUBMISSION.] § 3. Such Con- tract and tax, after action by the council or trustees as aforesaid shall, before they shall be valid and binding, be submitted for ratifi- cation to the voters of the city or village at a regular or special election by giving notice of same, which notice shall specify the character of the said works proposed to be erected or purchased and the amount of tax to be levied, and said notice shall be posted in ten public places within such city or village at least three weeks prior to said election, and also by publication three times in a daily or weekly newspaper published in said city or village, and for three weeks pre- ceding such election there shall be on file in some public place, con- venient of access, a full description of works, copy of contract and report of engineer, for the inspection of the voters, and notice of where said plans and specifications are on file shall be included in the notice of election. If three-fourths of all the voters voting on said proposition shall vote in favor of said contract and tax, the same shall be binding and the tax duly levied. The ballots at such elec- tion shall read: " Proposition to construct or purchase (or both) waterworks and levy a tax of annually for years:" Yes. No. [§ 270j. ch. 24, K. S. 871. Power of city council and board of trustees under THIS ACT.] § 4. The city council in cities and the board of trustees in villages shall have the power to carry into execution the contract for the erection or purchase of water works when ratified by the Toters, as directed in section 3, and employ a superintendent and 292 Bucli other employes as may be necessary and proper for the opera- tion of such works for the collection of water rentals and for the conduct of the business necessary to the operation thereof. [§ 270k, ch. 24, E. S. 872. POWEK TO ISSUE BONDS AGAINST TAXES LEYIED.] § 5. The city council in cities and the board of trustees in villages shall have the power to issue bonds against the taxes levied, the same to be payable only out of said special tax when collected and out of the net revenue derived from the operation of said works. [§ 2701, oh. 24, R. S. 873. Bonds — when to matukb — interests.] § 6. The said bonds shall be made to mature in as nearly as possible equal install- ments of $100, or multiples thereof, the first installment to be paya- ble one or two years from date, the last installment within one year after date of the last tax levy provided in the vote authorizing said levy. The bonds shall bear interest at a rate not to exceed six per cent, payable annually or semi-annually, shall be sold for not less than par, or may be paid out at not less than par for the construction or purchase of said works. |§ 270m, ch. 24, R. S. 874. Form OF BONDS.] § 7. Said bonds shall be substantially in the following form: The City or Village County of State of Illinois, for value received hereby promises to pay to bearer hundred dollars, lawful money of the United States !of America, on the day of A. D together with Interest at the rate per centum per annum, payable annually on the day of A. D Both principal and interest payable at the This bond is one of a series of bonds amounting to dollars, issued by ordi- nance of the City (or Village) of and is payable solely out of funds derived from special tax levy and net revenue of the water works of the City (or Village) of ; the erection or purchase of said works and levy of saix tax having been authorized at an election legally called and held on the day of A. D ; and out of no other funds. And It is hereby recited that all acts, conditions and things precedent to and in the issuance of this bond have been properly done, happened and performed in regular and due form as required by law. In testimony whereof the City Council (or Board of Trustees) has caused this bond to be signed by the Mayor (or President) and countersigned by the Clerk, and caused the seal of the City (or Village) to be affixed this day of A. D Mayor. Clerk. Coupons representing the interest shall be attached thereto, which may be signed or bear the lithographed signature of the Clerk of said City or Village. [§ 270n, ch. 24, R. S. 875. Fixing water rentals ok rates.] § 8. The board of trus- tees or city council shall from time to time fix the water rentals or rates to be charged for the furnishing of water, and such shall be 293 made suflScient, together with the proceeds of the special tax provided by the act to pay at maturity the interest and principal of bonds issued under the provisions of the act, and also for the proper main- tenance and operation of such vrorks, the proper and necessary exten- sion thereof, and for all repairs thereon. [§ 270o, ch. 24, K S. 876. Water district created by two or more villages, etc. — HOW governed.] § 9. Any two or more villages or cities adjacent to each other may elect by ordinance to create a water district, said district to be governed by a board of trustees composed of the joint city councils or village boards of each and every such city and village, which said board of trustees shall have the power given to city councils or boards of trustees in this act. and said water districts shall be a body corporate to carry out the provisions of the act, but notice of any election held by such water district under this act shall be given in each and every city and village combining into the dis- trict, and if the election shall not carry by three-fourths of all voters voting in each city or village in said district, then the proposed con- tract and tax shall be considered to have failed of ratification and to be void. [§ 270p, ch. 24, K. S. 877. This act confers additional powers on citt councils, etc.] § 10. This act shall be considered as conferring additional power on city councils and boards of trustees, and as in addition to and not limiting powers now given cities and villages, city councils and boards of trustees by law. [§ 270q, ch. 24, K. S. municipalities may lease or purchase water works. an act to enable cities, incorporated towns and villases to purchase or lease water works. [ApproTed June 19, 1893. In force July 1, 1893. L. 1893, p. 82.] 878. City, etc., may lease or purchase waterworks.] § 1. That in all cities, incorporated towns and villages where water works are now constructed, or may hereafter be constructed by any person or incorporated company, the city, town or village authorities in such cities, towns or villages may purchase or lease such water works from the owner or owners of the same: Provided, however, that before such leasing or purchase shall be binding upon said city, incorpo- rated town or village, the city council or the board of trustees shall pass an ordinance including the terms of such lease or purchase, which ordinance shall be published in a newspaper published in said city, incorporated town or village, at least once in each week for two successive weeks, and said ordinance shall be posted for a period of not less than ten days in at least five public places in such city, in- corporated town or village. And if no petition shall be submitted to said city council or board of trustees as hereinafter provided, within 21 days after said ordi- nance is so published and posted, it shall be lawful for said city council or board of trustees to consummate the leasing or purchase provided for in the ordinance aforesaid. But if within said period of 21 days, there shall be presented to said city council or board of trustees, a petition signed by 20 per cent of the number of voters voting at the last general city, town or village election asking that 294 the question of such leasing or purchase shall be submitted to a vote it shall then be the duty of the city council or board of trustees bj ordinance to call a special election as may be provided by law to vot( upon the question of said lease or purchase, and if it appear that i majority of such voters voting upon such question, at such election vote in favor of such leasing or purchase, then said city council oi board of trustees shall proceed to complete said leasing or purchase but if a majority of the votes cast are against such leasing or pur- chase then said city, incorporated town or village shall proceed nc further with said leasing or purchase for the period of six months next ensuing. [As amended by act approved April 24, 1899. In force July 1, 1899. L. 1899, p. 106; § 267a, ch. 24, R. S. 879. May borrow money and levy general tax.] § 2. Suet cities, incorporated towns and villages may borrow money, and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the purchase and maintaining or the leasing and maintaining of such water works, and appropriate money for the same. [§ 267b, ch. 24, R. S. water company may locate source of supply beyond corporate LIMITS. AN ACT to enable any water company now or hereafter oreranized under the laws of this State, to change or locate its source of supply beyond the limits of the city, town or vil lage supplied, or whose inhabitants are supplied with water by such company; and foi that purpose empowering: such company to take or damage private property for pipt lines to such source of supply and for pumping stations, reservoirs or other appurten- ances. and to construct, maintain and operate such pipe lines in and under any public or private road, highway, street or public ground, and across or under any of the waters within this State, and across or under any railroad right-of-way; and to prescribe penal- ties for interfering with or destroying the property or rights of such company. (Ap- proved June 19, 1893. In force July 1, 1893. L. 1893, p. 81.] 880. May ENTER ON LAND AND CONSTRUCT LINES.] § 1. Be it en- acted by the People of the State of Illinois, represented in the Gen- eral Assembly: That any water company now organized, or that may hereafter be organized under the laws of this State, for the pur- pose of supplying any city, town or village or the inhabitants thereof with water, is hereby empowered to locate its source of supply at oi change its source of supply to a point beyond the limits of such city, town or village, and any such company may enter upon any lands and take and damage private property beyond said limits, for the construction, maintenance and operation of a line or lines of water- pipe, to such source of supply, and also for the necessary pumping stations, reservoirs or other appurtenances; and also construct, main- tain and operate beyond said limits such line or lines of water pipe across or under any railroad right of way, and in and under any pub- lic or private road, highway, street, alley or public ground or across or under any of the waters within this State: Provided, however, that such source of supply shall not be located more than ten miles distance from the corporate limits of said city or village and that such line or lines of water pipe shall not interfere with any railroad, sewer, gas pipes, water pipes, or other conduit already laid in or un- der such public or private road, highway, street, alley or public ground by public authority: And provided, also, that such company shall, in the construction and repair of said line or lines of watei 295 pipe, restore such public or private road, highway, street, alley or public ground, to the same condition as before, and shall not unnec- cessarily interfere with the public use of the navigation of said waters: Provided further, the laying of such water pipes or other work shall be done under such reasonable regulations as the author- ities of any township, town, city or village wherein such work is done may prescribe. [§ 267c, ch. 24, R, S. 881. Pkoceed under eight of eminent domain.] § 2. When it is necessary for the construction, maintenance, and operation of such line or lines of water pipes, pumping stations, reservoirs or other appurtenances, to take or damage private property, the same may be done, and the compensation therefor may be ascertained and made in the manner which may be then provided by law for the exercise of the right of eminent domain. [§ 267d, ch. 24, R. S. 882. Punishment of person interfering.] § 3. Any person who shall unlawfully and intentionally molest or destroy any part or portion of said line or lines of water pipe, pumping stations, reser- voirs or other ap^jurtenances, or the material or property belonging thereto, or shall in any manner interfere with the construction, maintenance or operation thereof, shall, on conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not ex- ceeding $100, said fine to be recoverable in any court having juris- diction of the offense: Provided, that prosecution under the forego- ing provisions of this section shall not in any manner prevent a recovery by the company entitled thereto, of the amount of damages done to said property. [§ 267e, ch. 24, R. S. securing additional supply for city water works. AN ACT to aid cities owning or operatine water works to secure an additional or better supply of pure water. [Approved and in force May 27, 1881: L. 1881, p. 157.) 883. Cities— POWERS and privileges.] § 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly: That all cities owning or operating water works under any charter granted by act of any general assembly of this State, or un- der the general incorporation laws of this State, whether by boards of water commissioners or by officers appointed for that purpose, are hereby granted the following powers and privileges, for the purpose of increasing or bettering the source of supply from which such water is obtained. [§ 268, ch, 24, R. S. 884. Powers of board— may raise money— vote.] § 2. When- ever, in the judgment of a majority of any board of water commis- sioners, or if there be no such board, then in the judgment of a majority of the city council of any city owning or operating such water works, it shall be necessary for the public health, or for any other cause, to increase the source of water supply, or to substitute for it such better source as, in tbeir judgment, the interests of such city may demand, such board of water commissioners or city council may, in addition to the powers already conferred upon them by act of any general assembly of this State, construct wells, either by bor- ing or excavation, and protect and equip the same after construction. 296 or may lease water privileges from private parties or corporations owning wells already or hereafter to be constructed, andmay pay for such construction or lease, and for the expenses maintained in oper- ating the same, out of any earnings of such water works under their control which may be in their hands at the time of the taking effect of this act, or which may accrue to them hereafter: Provided, that no money shall be expended under the provisions of this act, for the purposes herein specified, until the question of the expenditure of such money for the purposes aforesaid shall have been submitted to a vote of the people of the city in which such water works may be situated, at any election for city officers or special election called for that purpose by the city council of said city, and shall have received a majority of the votes cast at such election: Provided, _ further, that no money shall be expended under the provisions of this act, for the purposes aforesaid, other than the surplus earnings of such water works. [§ 269, ch. 24, K. S. 885. Emekgbncy.] § 3. Whereas, an emergency exists, this act shall be in force and take effect from and after its passage. [§ 270, ch. 24, K. S. MUNICIPALITIES MAY PURCHASE OR EXTEND WATER WORKS SYSTEMS. AN ACT authorizing cities, towns and villases to buUd, purchase or extend water works systems for public and domestic use, and to proTide for the cost thereof. fApproved April 22, 1899; in force July 1, 1899; L. 199, p. 104.] 886. May acquibe water works — payment for suoh building OR PURCHASE.] § 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly: Every city, incorpor- ated town and village in this State, is hereby authorized to acquire water works for supplying water for public use, and for domestic use of its inhabitants by building or purchasing a water works system or enlarging or extending an existing system. In payment for such building, purchase or enlargement any such municipality may issue certificates of indebtedness limited in their payment solely to the water fund hereinafter provided for; such certificates may bear in- terest at a rate not exceeding 6 per centum per annum, payable semi- annually, and shall only be issued at not less than par value in payment for the building, purchase or extension of a water works system, [§ 270a, ch. 24, R. S. 887. Ordinance — publication op — petition — submission to VOTE ] § 2. Any such municipality desiring to avail itself of the provisions of this act shall first pass an ordinance, fixing in a gen- eral way the capacity of the water works system it is proposed to acquire, and referring to the plans and specifications therefor, which shall be open to the inspection of the public; which said ordinance shall fix the rates at which water is to be supplied for all private pur- poses, and said rates, so fixed, shall not thereafter be reduced until the certificates issued for acquiring or enlarging the water works, and the interest thereon, are fully paid. Which said ordinance shall be published in a newspaper published in such municipality, at least once in each week for three successive weeks. And if no petition 297 shall be filed with the clerk of such municipality as hereinafter pro- vided, within 21 days after the first publication of said ordinance, then the corporate authorities may proceed to carry out the pro- visions of the ordinance. But if within said period of 21 days there shall be filed with the clerk of such municipality a petition, signed by 20 per cent of the number of voters voting for presiding officer of the legislative body of such municipality at the next preceding gen- eral city, town or village election, asking that the question of acquir- ing or enlarging a water works system be submitted to a vote, it shall then be the duty of the legislative body of such municipality to call a special election in the manner provided by law, to vote upon such question, and if it appear that a majority of the voters voting upon such question at such election vote in favor of acquiring or enlarg- ing the water works, then said ordinance shall be in full force and effect, and the corporate authorities may proceed to carry out the provisions thereof, but if a majority of the votes cast are against such acquiring or enlarging, then said city, incorporated town or village shall proceed no further for the period of six months next ensuing. (§ 270b, ch. 24, R. S. 888. Watee fund — oeetifioates —payment of.] § 3. When- ever any such municipality shall avail itself of the provisions of this act, the entire proceeds arising from the operation of the water works system thereof shall be paid into a fund known as the "water fund," and which fund shall be and remain inviolate until the certificates issued under the terms hereof and the interest thereon is fully paid, and the treasurer of such municipality shall not pay any warrants drawn on said fund unless the same be drawn in payment of the necessary operating expenses of such water works system, or in pay- ment of the certificates issued hereunder or the interest thereon. [§ 270c, ch. 24, R. S. 889. May mortgage water works system.] § 4. In order to secure in the most ample manner the payment of the water certifi- cates, authorized as aforesaid, any such municipality may convey by way of mortgage or deed of trust, the water works system so acquired or enlarged, which said mortgage or deed of trust shall be acknowl- edged and recorded in the same manner as mortgages of real prop- erty, and which mortgage or deed of trust may contain such provisions and conditions as are reasonably necessary to fully secure the pay- ment of said water certificates. [§ 270d, ch. 24, E,. S. 890. Foreclosure of certificates,] § 5. Whenever, and as often as default shall be made in the payment of water certificates, issued as aforesaid, and such default shall continue for the space of 90 days, it shall be lawful for said mortgagee or trustee to declare the whole of the principal and interest of such certificates at once due and payable, and proceed to foreclose the same in any court of com- petent jurisdiction, and in any decree to be rendered in such suit of foreclosure there shall be included a reasonable solicitor's fee for the complainant's solicitor, and such decree shall fix reasonable rates for water furnished from said water works system for public uses during the time that such municipality shall be deprived of the possession thereof, as hereinafter provided, and upon any sale under such 298 decree of foreclosure the person or corporation offering to satisfy said decree for the rents, incomes and profits of said water works system for the least number of years, not exceeding 50, shall become the pur- chaser thereof, and on satisfying said decree shall be let into the use, occupation and enjoyment of said waterworks system during the period of time for which the same were sold, and during such period such purchaser or assigns shall be entitled to receive and collect for water furnished for private uses the rates prescribed in the ordinance pro- vided for in section 2 of this act, and shall be entitled to receive and collect the reasonable rates fixed for the public uses of water in such decree. At the end of said period said purchasers or assigns shall deliver said water works system to such municipality in as good con- dition aswhen the same was received, ordinary wear and tear excepted. [§ 270e, ch. 24, R. S. 891. Rights OF PUROHA.SEB AT FORECLOSURE SALE, j § 6. During the period of time when the purchaser at such foreclosure sale shall be entitled to the use and enjoyment of said water works system, it shall not be competent for such municipality to construct or authorize any other person or corporation to construct a competing system of water works, nor shall it be competent for the purchaser at such fore- closure sale, or assigns, to extend the water works system so pur- chased, except upon such terms as such municipality may authorize. [§ 270f, ch. 24, R. S. 892. How ACT construed]. §7. This act shall be deemed and construed to confer powers in addition to but not limiting those now existing. [§ 270g, ch. 24, R. S. LAYING GAS PIPES. ERECTING ELECTRIC POLES FOR LIGHTING AND HEAT ING PURPOSES-FRONTAGE. AN ACT to regulate and prescribe the conditions fertile granting of rights and privileges for lighting and heating purposes by cities, villages and incorporated towns, and pro- viding a remedy by the property owner where such conditions have not been complied with. [Approved June 5, 1897; in force .July 1.1897; L 1897, p. 100.1 893. Condition upon which privileges to lay pipes or string WIRES FOE lighting PURPOSES IN STREETS MAY BE GRANTED — REMEDY OF PROPERTY OWNERS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the city council in cities, or the president and board of trustees in villages and incorporated towns shall have no power to pass an ordi- nance granting to any person or corporation the right or privilege to lay any gas pipes for the distribution of inflammable gas for fuel or lighting purposes, or to pass an ordinance granting to any person or corporation the right or privilege to lay in or on the ground, or string on poles any wires on, over or by which electricity for light- ing purposes is to be used, conveyed or distributed in any street, alley or public grounds in any such city, village or incorporated town, except upon the petition of the owner of the land representing more than one-half of the frontage on the street or alley, or so much thereof as is sought to be used for the purposes above mentioned, or any or either of them, and when the street or alley, or part thereof sought to be used shall be more than one mile in length, no right or 299 privilege to lay pipes, or lay or string wires for lighting purposes shall be granted, unless a petition therefor shall be presented to the city council of the city, or board of trustees of the incorporated town or village in which such right or privilege is sought, signed by the owners of the land representing more than one-half of the frontage of each mile, and of the fraction of a mile, if any, in excess of the whole mile, measuring from the initial point named in such petition, of such street or alley, or of the part thereof sought to be used for the purposes above mentioned, or either of them. Any person being the owner of, or interested in any lot fronting on any street or alley, or part thereof, as is sought to be used for any or either of such pur- poses, shall have the right of bill in chancery, in his or their own name, to enjoin any person or corporation from using such street or alley, or part of street or alley for either of such purposes, under any grant by the city council or board of trustees, which is not made in conformity with the provisions hereof, and the sufficiency of the pe- tition herein required, shall be ascertained by the court in which such bill in chancery may be filed. [§ 491, ch. 24, R. S. MISCELLANEOUS — Unclassified Laws Relating to various Subjects Concerning Municipalities. [Paragraphs 894-1160.] proop of municipal records. AN ACT in regard to evidence and depositions in civil cases. [Approved March 29, 1867; in force July 1,1872.] 894. Records, etc., of cities., etc., how certified.] § 14. The papers, entries, records and ordinances, or parts thereof, of any city, village, town or county, may be proved by a copy thereof, certi- fied under the hand of the clerk or the keeper thereof, and the cor- porate seal, if there be any; if not, under his hand and private seal. [§ 14, ch. 51, R. S. CRIMINAL code APPLICABLE TO EMUNICIPALITIES-MISCONDUCT OP OPFICBBS. 895. Omission and malfeasance,] § 208. Every person hold- ing any public office, (whether State, county or municipal), trust or employment, who shall be guilty of any palpable omission of duty, or who shall be guilty of diverting any public money for the use or purpose for which it may have been appropriated or set apart by or under authority of law, or who shall be guilty of contracting directly or indirectly, for the expenditure of a greater sum or amount of money than may have been, at the time of making the contracts, ap- propriated or set apart by law or authorized by law to be contracted for or expended upon the subject matter of the contracts, or who shall be guilty of willful and corrupt oppression, malfeasance or par- tiality, where no special provision shall have been made for the pun- ishment thereof, shall be fined not exceeding $10,000, and may be removed from his office, trust or employment. [§ 208, ch. 38, R. S. 300 "AN ACT to punish fraud or extravaeance in the expenditure of moneys appropriated ( public improvementa." [Approved May 28, 1877, in force July 1, 1877. Laws 1877, p. 92.) 896. Changing speoifioations so as to increase expense, § 1. Be it enacted by the People of the State of Illinois represente in the General Assembly: That whenever the General Assemb] shall pass any enactment for the construction or repair of any publi work or improvement of the State, of any character or name whatsc «ver, and the said enactment, shall have become a law, and plani specifications and estimates for the construction or repair of sai public work or improvement have been submitted to and approve by the authorities designated in said law, and an appropriation he been made to defray the estimated expense thereof; any person c persons, commissioner or commissioners, or other officer or officer entrusted with the execution of said public work or improvemen who shall so change, alter or modify, or permit or connive at sue change, alteration or modification by any person or persons unde his or their direction or control, directly or indirectly, so as to incii a greater cost and expense in the construction or repair of such pul lie work or improvement, than was specified by the law authorizin it, and the appropriation made in pursuance thereof, shall be deeme guilty of a misdemeanor, and upon conviction thereof, in the manne hereinafter provided, shall be fined in a sum not more than five hui dred dollars ($500) , or punished by imprisonment in the county ja for a term of not more than twelve months, or by both fine and in prisonment within the limits specified in this section, at the discrt tion of the court before which he or they may be tried. [§ 208a, cl '88, K. S. 897. Spending money without obtaining title to land.] 2. Any person or persons, commissioner or commissioners, or othe officer or officers, entrusted with the construction or repair of an public work or improvement, as set forth in section one (1) of thi act, who shall expend or cause to be expended upon such publi work or improvement, the whole or any part of the moneys apprc priated therefor, or who shall commence work, or in any wise authoi ize work to be commenced thereon, without first having obtained title, by purchase, donation, condemnation or otherwise, to all land needed for such public work or improvement, running to the Peop] of the State of Illinois; said title to be approved by the Attorne General, and his approval certified by the Secretary of State an placed on record in his office, shall be deemed guilty of a misd( meanor, and upon conviction thereof in the manner hereinafter pn irided, shall be punished by a fine of not more than $500, or b imprisonment in the county jail for a term of not more than or year, or by both fine and imprisonment at the discretion of the coui t)efore which he or they may be tried. [§ 208b, ch. 88, E. S. 898. Prosecution — complaint — affidavit.] § 3. Any person c persons, commissioner or commissioners, or other officer or officer as aforesaid, may be prosecuted in any circuit court of this State, c in any other court having concurrent jurisdiction therewith in crim 301 pal oases, on complaint of two or more reputable citizens being filed in the office of the clerk of said court; such complaint to be verified by affidavits. [§ 208c, ch. 38, R. S. 899. State's attorney to prosecute — indictment.] § 4. It shall be the duty of the State's attorney of the county in which such complaint and affidavits are filed, to present the same to the grand jury, at the next regular term of court after the filing thereof, and if said grand jury shall indict the person or persons so com- plained of, it shall further be the duty of said State's attorney to prosecute and try the alleged offender or offenders, fs 208d, ch. 38, R. S. IS . . 900. Intoxication of officers, etc.] § 209. That any officer of a town, village, city, county or state, who shall be intoxicated while in the discharge of the duties of his office, shall be fined for the first offense the sum of $10, and for the second offense, the sum of $20, and for the third offense shall be guilty of a misdemeanor, and on conviction of such misdemeanor, shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper officer: Provided, such acceptance shall have been necessary to make the office vacant. The penalties for the first and second offense given by this section, may be recovered in an action of debt, in the name of the People of the State of Illinois, before any justice of the peace of the proper county, and when collected shall be paid to the county superinten- dent where such offense shall have been committed, for the use of the school fund. [§ 209, ch. 38, R. S. 901. Furnishing liquor to prisoners.] § 210. Every person who procures for, furnishes or conveys to any prisoner confined in any jail or city prison, intoxicating or spirituous liquors, shall, upon conviction thereof, for each offense, be fined not exceed- ing $50, or imprisoned in the county jail not exceeding 30 days, or both, in the discretion of the court — which fine may be recovered in an action of debt, in the name of the People of the State of Illinois, before any justice of the peace of the county where said offense shall have been committed. All fines collected under the provisions of this section shall be paid into the common school fund of the proper county. [§ 210, ch. 38, R. S. 902. Extortion.] § 211. If any judge, justice of the peace, sheriff, coroner, constable, police officer, clerk or other officer. State, county, town or municipal, executive, ministerial or judicial, shall wilfully or corruptly receive or take any fee or reward to execute or do his duty as such officer, except such as is or shall be allowed by law, or if any such officer shall wilfully or corruptly ask or demand as a condition precedent to the performance of his duty as such of- ficer any fee or reward, except such as shall be allowed by law, every such officer so offending shall be fined not exceeding $200, and may be removed from office. [§ 211, ch. 38, R. S. 903. Shaving warrants, etc.] § 212. If any collector of taxes, county treasurer, or other person authorized to collect, receive or pay 302 out any of the State, county, city or school revenues, shall directly or indirectly, by himself or his agent, take, buy, shave, discount or receive any auditor's warrant, county order, or jury certificate, or city or school order, at less than the full sum due thereon, or shall directly or indirectly receive any profit or advantage on account of any other person's buying, shaving or discounting any such warrant, order or jury certificate, such collector, treasurer or other person shall be liable in double the amount made thereby, to be recovered in an action of debt before any court of competent jurisdiction, one- half to the person complaining, and the other half to the school fund of the county where such collector, treasurer or other person may re- side. [§ 212, ch. 3«, R. S. 904. Penalty FOR TAKING ILLEGAL FEES.] §213. IfanyoflBcer authorized by law to charge or receive fees, salary or pay, shall charge, claim, demand, or take any greater fee, salary or pay, than such as is by law allowed to him for the service performed, or shall charge, claim, demand or take any fee, salary or pay, or shall knowingly charge any fee, salary or pay, when no fee, salary or pay is allowed him by law, or when the services for which such fee, salary or pay is charged, have not been performed by him, or by some other person for him, he shall, on conviction under this section, for the first offense, be fined in any sum not less than twenty-five dollars ($25), nor more than two hundred dollars ($200), and upon conviction for a second or any subsequent offense under this section, he shall forfeit his office and shall be confined in the county jail not less than 30 days, nor more than one year. [As amended by act approved May 25, 1877; in force July 1, 1877. L. 1877, p. 87; § 213, ch. 38, E. S. 905. Illegal FEES — private kemedy. J §214. Any officer who violates the provisions of the preceding section shall, in addition to the penalty, therein provided, be fined for each item so charged, col- lected or received, not less than $10, nor more than $100, to be sued for and recovered before any justice of the peace of the proper county, in action of debt, in the name of the People of the State of Illinois, and for the use of the person against whom such fee is charged, or from whom the same is received or collected. [§ 214, ch. 38, R. S. 906. Withholding funds.] § 215. If any State, county, town, municipal or other officer or person, who now is or hereafter may be authorized by law to collect, receive, safely keep or disburse any money, revenue, bonds, mortgages, coupons, bank bills, notes, war- rants or dues, or other funds or securities belonging to the State, or any county, township, incorporated city, town or village, or any State institution, or any canal, turnpike, railroad, school or college fund, or the fund of any public improvement that now is or may hereafter be authorized by law to be made, or any other fund now in being or that may hereafter be established by law for public purposes or belonging to any insurance or other company or person, required or authorized by law to be placed in the keeping of any such officer or person, shall fail or refuge to pay or deliver over the same when required by law, or demand is made by his successor in office or trust, or the officer or 303 person to whom the same should be paid or delivered over, or his agent or attorney, authorized in writing, he shall be imprisoned in the penitentiary not less than one nor more than ten years: Provided, such demand need not be made when, from the absence or fault of the offender, the same cannot conveniently be made: And, provided, that no person shall be committed to the penitentiary under this sec- tion, unless the money not paid over shall amount to $100, or if it appear that such failure or refusal is occasioned by unavoidable loss or accident. Every person convicted under the provisions of this section shall forever thereafter be ineligible and disqualified from holding any office of honor or profit in this State. fS 215, ch. 38, R.S. 907. Withholding recoeds, etc., feom sucoessoes.] § 216. If any person whose office shall be abolished by law, vacated or deter- mined by removal from office, resignation, death, expiration of the time for which he was elected or appointed, or other cause, or his executors, administrators or other persons, shall wilfully and unlaw- fully withhold or detain from his successor or other person entitled thereto by law, the records, papers, documents or other writings, or other articles of property appertaining or belonging to such office, or mutilate, destroy or take away the same, the person so offending shall be imprisoned in the penitentiary not less than one year nor more than five years. [§ 216, ch. 38, R. S. 908. Seakoh warrant may issue foe records.] § 217. If any person whose office shall be abolished by law, vacated or determined by removal from office, resignation, death, expiration of the time for which he was elected or appointed, or other cause, or his executors, administrators, or other person, neglect or refuse to deliver over any records, papers, documents or other writing, or other articles of property pertaining to such office, when thereto lawfully required by the successor of such office, or other person entitled to the custody thereof, the judge of any court of record in the proper county may, upon the affidavit of any competent person setting forth proper facts, issue his warrant directed to the sheriff or coroner of the proper county, commanding him to seize all the records, books, papers, docu- ments and other public property belonging or appertaining to the said office, and deliver the same to the person entitled to the custody thereof, to be named in such warrant. [§ 217, ch. 38, R. S. 909. Execution of the process. [§ 218. The officer executing any warrant issued as aforesaid may break open any doors, trunks, or places in which any of the records, books, papers, documents or other public property, in such warrant commanded to be seized and se- cured, may be concealed, or in which he may suspect them to be; and in case of resistance, may arrest any person who may resist the exe- cution of such warrant, and carry him before some judge or justice of the peace, to be dealt with as other persons obstructing the exe- cution of such process; and the officer executing such warrant may call to his assistance the power of the county, in the same manner as in the execution of other process. And any officer to whom any such warrant may be directed and delivered, who shall neglect or refuse to 304 execute and return the same according to law, or otherwise fail tc perform any of the duties herein required of him, shall forfeit anc pay a sum not exceeding $1,000, nor less than $100, to be recovered by indictment, to the use of the county, in any court of competeni jurisdiction. [§ 218, ch. 38, R. S. 910. Defense.] §219. Whoever is aggrieved by the issuing of such warrant may apply to such judge, or if he is absent, to any other judge of a court of record, who, if he is satisfied, upon the affidavit of the applicant, that there is good reason to believe injus- tice has been, or is about to be done by the execution of such war- rant, shall issue a citation to all persons interested therein, com- manding them to appear before such judge, at a place and time to be in such citation named, which shall be executed by the sheriff or coroner. And the judge shall have the power to enforce obedience to such citation by attachment, to be issued by him, and to proceed in a summary way and determine according to right and justice, and may issue his warrant for the restoration of any book, record, paper, document or other article of property which shall appear to him to have been improperly seized or delivered over; which warrant shall be executed in the same manner, and the officer to whom it is di- rected shall have the same powers, and be liable to the same penal- ties for neglect of duty, as in case of other warrants. Any proceed- ing under this and the two preceding sections shall not be held to determine the right of any person to such office, but such right may be contested in the manner provided by law. [§ 219, ch. 38, K. S. PURSUIT OF FBLON-AREEST OP OPPENDEKS-BT WHOM AND HOW MADE. 911. Pursuit op pelon.] § 1. When the fact that a felony has been committed shall come to the knowledge of any sheriff, coroner or constable, fresh pursuit shall be forthwith made after every person guilty thereof, by such sheriff, coroner, constable and all other per- sons who shall be by any of them commanded or summoned for that purpose; every such officer who shall not do his duty in the premises shall be punished by fine in a sum not exceeding $100, or imprisoned not exceeding three months. [§ 839, ch. 38, R. S. 912. Duty of officers.] § 2. It shall be the duty of every sheriff, coroner, constable, and every marshal, policeman, or other officer of any incorporated city, town or village, having the power of a sheriff or constable, when any criminal offense or breach of the peace is committed or attempted in his presence, forthwith to appre- hend the offender and bring him before some justice of the peace, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants, writs, precepts and other process to him lawfully directed. [§ 340, ch. 38, R. S. 913. Posse OOMITATUS.] § 3. Every male person above the age of 18, when commanded by an officer to assist in arresting or secur- ing an offender, shall obey such command. [§ 341, ch. 38, R. S. 9 1 4. Arrests without warrant.] § 4. An arrest may be made by an officer or by a private person without warrant, for a criminal 305 offense committed or attempted in his presence, and by an officer, when a criminal offense has in fact been committed, and he has rea- sonable ground for believing that the person to be arrested has com- mitted it. [§ 342, ch. 38, R. S. 915. Magisteate MAY MAKE ARREST.] §5. A magistrate may orally order an officer or a private person to arrest any one commit- ting or attempting to commit a criminal offense in the presence of such magistrate, which order shall authorize the arrest. fS 843, ch. 38, R. S. ^ 916. When made. J § 6. An arrest may be made on any day or at any time of the day or night. [§ 344, ch. 38, R. S. 9 1 7. Person arrested to be taken before a magistrate. J § 7. When an arrest is made without a warrant, either by an officer or a private person, the person arrested shall, without unnecessary delay, be taken before the nearest magistrate in the county, who will hear the case, for examination, and the prisoner shall be examined and dealt with as in cases of arrests upon warrant. [§ 345, ch. 38, R. S, 918. Recapture.] § 8. If any prisoner shall escape or be res- cued, the officer or person from whose possession or custody he escapes or was rescued may immediately pursue and retake him in any county of this State without a warrant. [§ 346, ch. 38, R. S. DAMAGES occasioned BY RIOTS. IN ACT to indemnify tlie owners of property for damaees occasioned by mobs and riots. [Approved May 15, 1887, in force July 1, 1887. li. 1887, p. 239.1 919. City, or if not in city, county, liable for three-fourths DAMAGES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any public building or other real or personal property, except property in ;ransit, shall be destroyed or injured in consequence of any mob or •iot composed of twelve or more persons, the city, or if not in a city ;hen the county in which such property was destroyed, shall be liable ;o an action by or in behalf of the party whose property was thus lestroyed or injured, for three-fourths of the damages sustained by •eason thereof. [§ 256a, ch. 38, R. S. 920. Action, HOW BROUGHT — judgment.] §2. Such action may 3e brought in the form of an action on the case, or other appropriate iction, and whenever any final judgment shall be secured against iny such city or county in any such action, the same shall be paid in lue course as in case of other judgments. [§ 256b, ch. 38, R. S. 921. When entitled to recover.] § 3. No person or incorpor- ,tion shall be entitled to recover in any such action if it shall appear in the trial thereof that such destruction or injury of property was iccasioned, or in any way aided, sanctioned or permitted by the arelessness, neglect or wrongful act of such person or corporation; lor shall any person or corporation be entitled to recover any dam- ges for any destruction or injury of property as aforesaid, unless uch party shall have used all reasonable diligence to prevent such amage. [§ 256c, ch. 88, R. S, —20 306 922. Action by party against persons engaged in riot — lien OF city, etc.] § 4. Nothing in this act shall be construed to prevent any person or corporation whose property has been injured or de- stroyed in consequence of any mob or riot, from having or maintain- ing an action or actions against any person or persons, engaged or in any manner participating in such mob or riot, for the recovery of the damages sustained thereby: Provided, that when such city or county shall have paid any part of such damage, such city, or county, making such payment shall have a lien to the amount so paid upon any judgment or claim, against any person or persons en- gaged in, or in any manner participating in such mob or riot, together with the right and power to enforce and collect such judgment or claim, and when such city or county shall have been re- imbursed the money so paid by it, such portion of such judgment or judgments, or claim or claims remaining unpaid shall then revert to, and become the property of the original owner thereof, and such owner shall have the right to enforce and collect the same. [§ 25(5d, ch. 38, R. S. 923. Action by city or county against persons engaged in eiot.] § 5. It shall be lawful for the city or county against which a judgment, or judgments, for damages shall be recovered under the provisions of this act, to bring an action, or actions, against any per- son or persons engaged or in any manner participating in said mob or riot, for the recovery of the amount of said judgment or judgments and costs, and such action shall not abate or fail by reason of too many or too few parties defendant being named therein; the same shall to all intents and purposes be treated as an action of trespass brought by the owners of such property, except that the statute of limitations as to such action shall not begin to run against said city or county until its liability is fixed by judgment as hereinbefore pro- vided. i§ 256e, ch. 38, R. S. 924. Notice of claim of damages — when action shall be brought.] § 6. No action shall be maintained under the provisions of this act by any person or corporation whose property shall have been destroyed or injured as aforesaid, unless notice of claim for damages be presented to such city or county within 30 days after such loss or damage occurs and such action shall be brought within 12 months after such destruction or injury occurs, but nothing in this act shall be construed as authorizing any recovery by the United States, the State of Illinois, or any county, for the destruction of, or injury to property by mobs or riots. [§ 256f, ch. 38, R. S. 925. When city or county settles claim.] § 7. Any city or county may settle with, and pay, the owner of any such property the damages so sustained; and any such city or county which shall have paid any sum under the provisions of this act, whether by voluntary settlement or otherwise, may recover the same with all costs paid by it from any or all the persons engaged in the destruction or injury of the property so paid for. [§ 256g, ch. 38, R. S. 307 QUELLING EIOTS. iN ACT to secure the peace and good order of society, to quell riots or disturbances, to secure the execution of laws, and to provide for special deputy sheriffs, and for calling out and using the militia force of the State for the preservation of the peace and the protection of property. [Approved June 16, 1887, in force July 1, 1887. L, 1887, p. 239.1 926. Sheriff may summon any number of special deputies.] § 1, Be it enacted by the People of the State of Illinois, represented m the General Assembly : That the sherifE of any county in this State, if in his judgment the preservation of the peace and good or- der of society shall require it, may summon and enroll any number of special deputies which in his judgment the exigencies of the case require, and such deputies shall be subject to his orders, and shall have all the powers of deputy sheriffs until discharged, or excused from duty by the sheriff. Any person so summoned by the sheriff to act as a deputy who shall decline or refuse to act as such shall be guilty of a misdemeanor, and be fined not less than $50. nor more than $200. for each and every offense, or imprisonment in the county jail not to exceed three months. [§ 256h, ch. 38, R. S. 927. May arm the force of special deputies.] § 2, In all cases when the sheriff is satisfied of the necessity, he may arm the force of special deputies appointed under this act, and the county shall pay all necessary expenses thereof, as well as for the subsistence of such special deputies while on duty, and all necessary expenses incurred by them in the performance of the duty for which they shaD have been summoned. [§ 256i, ch. 38, R. S. 928. May make requisition for arms.] § 3. If the sheriff is satisfied that arms are necessary, or will probably be needed, he may make a requisition on the Adjutant Greneral of the State therefor, whose duty it shall be to furnish the same, with necessary ammuni- tion, and such arms shall, when the necessity for their use has passed, be returned by the sheriff to the Adjutant General. [§ 2o6j, ch. 38, R. S. 929. Pay.J § 4. The deputy sheriffs appointed under this act shall be paid at the rate of two (2) dollars per day for the time actually employed, in and about the duties of such appointment, and the county board shall make provision for such payment. [§ 256k, ch. 38, R. S. 930. When and by whom governor to be notified.] § 5. Whenever the sheriff, with the help of his force of special depu- ties, is unable to preserve the peace, to quell any riot, or execute the law, it shall be his duty to notify the Governor, by telegram or other- wise, of the facts in the case, and to call upon the Governor for such military force as may be deemed necessary to preserve the peace and execute the law. The sheriff shall also immediately reduce such statement of facts to writing and forward the same to the Governor. In case of the neglect or refusal of the sheriff of any county to act in any case of emergency, it shall be the duty of any coroner of the county, mayor of a city, or county judge, to make such statement of facts and application to the Governor for military assistance. [§ 2561, ch. 38, R. S. 308 931. The fokoes to eepokt to the civil offices.] § 6. When- ever the military forces shall be ordered out by the Governor on any application of a civil officer as aforesaid, or otherwise, they shall re- port to such civil officer as the Governor shall designate and shall act in strict subordination to such civil authority, in preserving the peace, quelling riots, or executing the law, and may arrest any per- son or persons on view without process, and hold them in custody until by order of the commander-in-chief such person or persons shall be discharged from custody, or delivered over to the civil author- ties; and whenever necessary to suppress riot, disperse the mob, re- store the peace and execute the law, may use such force as may be necessary. [§ 25Rm, ch. 38, R. S. 932. Duty of governob,] § 7. Whenever there is in any city, town or county, a tumult, riot, mob or body of men acting together by force with attempt to commit a felony, or to offer violence to per- sons or property, or by force or violence to break or resist the laws of the State, or when such tumult, riot or mob is threatened, and the fact is made to appear to the Governor, it shall be his duty to order such military force as he may deem necessary to aid the civil authori- ties in suppressing such violence and executing the law. [§ 256n, ch. 38, K. S. 933. Code of kulbs.] § 8. It shall be the duty of the Adjutant General to formulate a code of rules or regulations for the govern- ment and control of the troops when so ordered out and on duty, and such code of rules or regulations, when approved by the commander- in-chief, shall be of binding force and obligation until changed or rescinded. [§ 256o, ch. 38, K. S. 934.. Penalty for obstructing officers or soldiers. J § 9. If any person shall molest, interrupt or insult by abusive words or be- havior, or shall obstruct any officer or soldier while on any duty or at any parade or drill, he may be put immediately under guard and kept, at the discretion of the commanding officer, until the duty, parade or drill is concuded, and such commanding officer may turn over such person to any sheriff, or to a police officer or constable of the county, city or town wherein such duty, parade or drill is held, to be dealt with as the law directs. [§ 256p, ch. 38, R. S. 935. Unlawful for private detectives to parade with arms.] § 10. It shall be unlawful for any force or company of private de- tectives, or private citizens, not peace officers, to parade with arms, except when specially permitted to do so by the Governor, or to as- sume to act as officers of the law, without proper authority, and every person violating this section shall be punished by a fine of not less than $100 nor more than |200 for each offense; but this section shall be construed in harmony with, and not as repealing, section five (5) of article eleven (11) of an act entitled, "An act to provide for the or- ganization of the State militia, and entitled the Military Code of Illinois," approved May 28, 1879. [§ 256q, ch. 38, R. S. 936. Power OF sheriff. J §11. Nothing in this act contained shall abridge any of the rights, duties or powers which the sheriff now has, or the right wliich persons now have to guard and protect their property. [§ 256r, ch, 38, R. S. 309 PUNISHMENT OP PERSONS VIOLATING ORDINANCES. ■^'^stvflT»^°?H?ji'*L*5''i}.? P°'>!?li™;l';t o| persons violatinff any of the ordinances of the l! 1879, p 70 J -flUaees m this State. Approved and in force April 12, 1879. ^^P'td '^^7^^^'^~™^^^^°^*^™^~''^°^^-^°^s^'] % I- Beit enacted by the People of the State of Illinois, represented in the General As- sembly : That in all actions for the violation of any ordinance of any city or village organized under any general or special law of this State, the first process shall be a summons: Provided, however, that a warrant for the arrest of the ofPender may issue in the first instance, upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any person arrested upon such warrant, shall, without unneces- sary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail or the cala- boose, city prison, work-house, house of correction, or other place provided by such cities or villages by ordinance for the incarceration of such offenders until such fine, penalty, and cost shall be fully paid: Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees of any such cities or villages shall have power to provide by ordinance that every per- son so committed shall be required to work at such labor as his or her strength will permit, within and without such prison, work-house, bouse of correction or other place provided for the incarceration of such offenders, not to exceed ten hours each working day; and for such work the person so employed, or worked, shall be allowed, ex- clusive of his or her board, the sum of 50 cents for each days' work on account of such fine and costs. [§ 299, ch. 24, R. S. 938. Repeal,] § 2. All acts and parts of acts inconsistent with the foregoing section are hereby repealed. [§ 300, ch. 24, R. S. 939. EMEKGBNcy.J § 3, Whereas, In some of the cities and villages in this State, there is no authority for the imprisonment of offenders in work-houses or houses of correction, and requiring such offenders to work, therefore, an emergency is declared to exist, and this act shall be in force from and after its passage. [§ 301, ch. 24, R. S. SUITS-HOW BROUGHT. AN ACT entitled, " An act in regard to suits by incorporated cities and villages, and to enforce penalties and recover flnes for violating the ordinances thereof." [Approved May 31, 1879; in force July 1, 1879; L. 1879, p. 79.] 940. Suits— HOW brought, etc.] § 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all actions to recover any fine, or to enforce any penalty, under my ordinance of any city or village in this State, shall be brought n the corporate name of the city or village, as plaintiff, and no prose- ;ution, recovery or acquittal for the violation of any such ordinance ihall constitute a defense to any other prosecution of the same party, 'or any other violation of any such ordidance, although the different 310 causes of action existed at the same time, and, if united would nol have exceeded the jurisdiction of the court or magistrate. [§ 302 ch. 24, K. S. POLICE AND FIRBMEN'I^EBLIEP FUND. AN ACT to amend "An act for the relief of disabled members of the police and fire depart ments in cities and villages." Approved May 24, 1877. In force July 1, 1877. [Approved May 10, 1879. In force July 1, 1879. h. 1879, p. 72.] 94 1 . How FUNDS CREATED,] § 1. That one-half of all the rates, taxes and license fees which 'are, or may be hereafter required by law, to be paid by corporations, companies or associations not incorp- orated under the laws of this State, engaged in any village or city in this State, effecting fire insurance, and one-fourth of all moneys col- lected as tax on dogs, where such city or village contains a population of 10,000 or more, has a regularly organized fire department, by such city or village, and all moneys received from fines inflicted upon members of the police and fire departments for violation of the rules and regulations of the service, and all fines recovered for violation of the fire ordinances, and all moneys accruing from the sale of un- claimed stolen property, and (if authorized as provided in Sections lA and IB) two per centum of all moneys received from licenses for the keeping of saloons or dram shops, shall be set apart by the treas- urer of the city or village, to whom the same shall be paid, as a fund for the relief of disabled members of the police and fire departments of such city or village. [As amended by act approved May 10, 1901, In force July 1, 1901. L. 1901, p, 122; § 882, ch. 24, R. S. 942. Per cent from licenses for keeping of saloons, etc.] § lA. In any city of over 10,000 inhabitants where it shall be author- ized by a majority vote of the electors of such municipality, two per centum of all moneys received from licenses for the keeping of sa- loons or dram shops shall be also set apart in like manner for the fund above mentioned in this act. [As amended by act approved May 10, 1901. In force July 1, 1901. L. 1901, p. 122; § 382a, ch. 24, R. S. 943. How CITY MAT ADOPT PROVISION OF SECTION 1a.] § IB. The electors of any city may adopt the provisions of Section lA of this act in the following manner: Whenever 20 per cent of the legal voters of such incorporated city shall petition the city clerk, or the oflScer or oflBcers whose duty it is to prepare the ballots, to submit the proposition as to whether such city shall adopt the provisions of Section lA of this act, then it shall be the duty of such officer or officers to submit such proposition accordingly at the next succeed- ing regular city election, and if such proposition is not adopted at such election the same may, in like manner, be submitted at any regular city election thereafter. The proposition so to be voted for shall be prepared and provided for that purpose in the same manner as other ballots, and shall be substantially in the following form: For the adoption of the provisions of an act setting apart two per centum of moneys received by the city from the licensing of saloons or dram-shops for a pension fund for disabled members of the police and fire department Yes. No. 311 If a majority of the number of the votes cast in said city at the last general election shall be voted for such proposition, then Section lA of this act shall be declared adopted and in force in such city. [As amended by act approved Mav 10, 1901. In force July 1, 1901. L. 1901, p. 122; § 382b, ch, 24, R. S. 944. Mayor, ETC., TRUSTEES OP FUND. J § 2, The mayor or presi- dent of the board of trustees, the superintendent or chief officer of the police department, the fire marshal or chief officer of the fire de- partment, and the chairman of the committee on police and fire and water, of the city council or board of trustees of the city or village, with the comptroller (if there be one) or city clerk and treasurer, shall constitute and be a board by the name of the trustees of the police and firemen's relief fund, and the treasurer of the city or vil- lage, shall be custodian of the funds of said police and firemen's re- lief fund. The said board shall select from their number a president and secretary. [§ 383, ch. 24, E. S. 945. Board TO OONTEOL FUND.] § 3. The said board shall have the exclusive control and management of the fund mentioned in the first section of this act, and of all money donated, paid or assessed for the relief of disabled policemen or firemen, and shall have the power to assess each and every member of the police and fire departments of such city or village, in- cluding all such persons who having become entitled to the benefits of this fund while such members of said police and fire departments, have not forfeited their rights to share in such benefits after leaving such departments as hereinafter provided, not to exceed the sum of five dollars ($5) per annum, which shall be received and held by the treasurer of said relief fund, in like manner as the other moneys herein provided to be paid to him; and any person who, having become entitled to the benefits of this fund, shall not, within one month after notice in writing to him from said board of the assess- ment against him, pay the same, shall not be entitled to or receive any benefits secured to him under the provisions of this act, unless he shall make written application to the trustees of the fund to become a member thereof, and shall have, by a majority vote of said trustees, been admitted to membership in said organization, and upon his making payment of all delinquent assessments due by him accruing during his membership in such police or fire department. The said board may make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications for relief under this act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board: Provided, that nothing herein con- tained shall render the payment of any sum of money or annuity which may be awarded by the board, obligatory on the board or shargeable against it as a legal right; but the board may, at any time in its discretion, order that such sums of money or annuity shall be reduced, or that payment of the same shall not be made. The board shall cause to be kept a record of all its meetings and proceedings. [§ 384, ch. 24, K. S. 312 946. Teeasuees TO GIVE BOND FOE FUND.] § 4. The treasuK of the board shall be the custodian of the fund in the first section ( this act mentioned, and of all moneys donated, paid or assess6 towards or on account of the relief fund hereby created, and sha secure and safely keep the same, subject to the control and directio of the board, and shall keep his books and accounts in such a mai ner as may be prescribed by the board, and the same shall always t subject to the inspection of the board, or any member thereof. Th treasurer shall, within ten days after his election or appointmen execute a bond to the city or village, as the case may be, with goo and sufficient securities in such penal sum as the board may diree to be approved by the board, conditional for the faithful perform ance of the duties of his office, and that he will safely keep and wel and truly account for all moneys and property which may come t his hands as such treasurer, and that on the expiration of his term o office, he will surrender and deliver over to his successor all unex pended moneys and all property which may have come to his hand as such treasurer. Such bond shall be filed in the office of the cler of such city or village, and in case of a breach of the same, or th conditions thereof, suit may be brought on the same, in the name o such city or village, for the use of said board or of any person o persons injured by such breach. [§ 885, ch. 24, R. S. 947. Waeeants drawn on treasueer.] § 5. It shall be th^ duty of the mayor and clerk, or the comptroller if there be one, anc the officer or officers of such city or village, who are or may b^ authorized by law to draw warrants upon the treasurer of such cit; or village, upon request made in writing by said board, to draw war rants upon the treasurer of such city or village, payable to the treas urer of said board, for the fund set apart by such city or villag( treasurer, as prescribed by the first section hereof. [§ 386, ch 24, R. S. 948. Permanent disability — death — annuity.] § 6. When in the judgment of the board, a sufficient amount shall have accumu lated in said fund to justify the application thereof to the use fo: which the same is hereby created, if any member of the police o: fire departments while in the actual performance of duty, or othe person entitled to the benefits of this fund as hereinafter provided shall become permanently disabled so as to render proper his retire ment from membership, a sum not exceeding six hundred dollar! ($600) per annum, or such less sum as, in the judgment of th« board, the fund will justify, shall be paid to such member out o: said fund; or if any member, while in the actual discharge of duty shall be killed, or shall die from the immediate effects of an injurj received by him while in such discharge of duty, or shall die aftei ten years service in the police or fire departments, and shall leave i widow, or if no widow, any child or children under the age of sixteei (16) years, a sum not exceeding six hundred dollars ($600) pe: annum, or such less sum as, in the judgment of the board, the condi tion of the fund will justify, shall be paid to such widow so long as she shall remain unmarried, or to such child or children while undei the age of 16 years. [§ 387, ch. 24, E. S. 313 949. Who mat obtain benefits.] § 7. Any person who shall have served in either the police or fire departments of said city or Tillage for the full term of ten (10) years, and shall have paid into the fund hereby provided for all assessments regularly made upon him by the board of trustees as required by this act, and the regula- tions of the said board of trustees passed in pursuance of this act, and shall have complied with all the rules and regulations lawfully established by the board of trustees in the same manner, as if such person was an active member in said police or fire department, may continue his membership in this organization, and be entitled to the benefits of this fund after he shall have ceased to be a member in either said police or fire department, by complying with all the pro- visions of this act, relative to the payment of assessments, etc., the same as prior to his ceasing to be a member of said departments, and the widow or children of such person shall be entitled to all benefits hereby secured to other members of this organization. [§ 388, ch. 24, R. S. 950. How MONEY PAID OUT.] § 8. All moneys ordered to be paid from said relief fund to any person or persons, shall be paid by the treasurer of said board only upon warrants signed by the president of the board and countersigned by the secretary, and no warrant shall be drawn except by order of the board, duly entered in the record of the proceedings of the board. In case the said relief fund, or any part thereof, shall by order of the said board or otherwise, be de- posited in any bank, or loaned, all interest on money which may be paid or agreed to be paid, on account of any such loan or deposit, shall belong to and constitute a part of said fund. Provided, that nothing herein contained shall be construed as authorizing the said treasurer to loan the said fund, or any part thereof, unless so author- ized by said board. [§ 389, ch. 24, E. S. 951. Repeal.] § 9. All acts or parts of acts, or amendments thereto, heretofore enacted, and in any manner conflicting with the provisions of this, act are hereby expressly repealed. [8 390, ch. 24, R. S. POLICE PENSION PPND. AN ACT to provide for the setting apart, formation and disbursement of a police pension fund in cities, villages and incorporated towns. [Approved April 29, 1887. In force July 1,1887. L. 1887, p. 122.] 952. How PUND CREATED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in each city, village, or incorporated town in this State, having a population of 50,000 inhabitants or more, there shall be paid to the treasurer thereof, and by him and the comptroller (if there be one), set apart, the following moneys, to constitute a Police Pension Fund, viz.: First — Two per cent am of all moneys received from licenses for the keeping of saloons or dram-shops. Second — Three-fourths of all moneys received for taxes or from licenses upon dogs. 314 Third — All moneys received from fines imposed upon members the police force of said city, village, or town, for violation of the rul and regulations of the police department, Fourth— All proceeds of sales of unclaimed stolen property. jpifth — One-fourth of all moneys received from licenses granted pawnbrokers, second-hand dealers and junk stores. Sixth — All moneys received as fees and from fines for carryi: concealed weapons. Seventh — One-half of all costs collected in money for violation city ordinances. Eighth^All rewards given or paid to members of such police f or( except such as shall be excepted by the chief officer of police. Ninth — One per centum per month, which shall be paid by, or d ducted from the salary of each and every member of the police for of such city, village or town: Provided, no such member shall compelled to pay more than two dollars per month from his salai [§ 391, ch. 24, R. S. 953. Board OF POLICE PENSION FUND COMMISSIONERS,] § 2, T; president of the board of trustees, the comptroller, the city, villa) or town clerk, the superintendent or chief officer, or in his absen or inability to act, then the officer next in authority to him of t police department, the city, village, or town treasurer, and the cil village or town attorney of any such city, village or town, shall officio be and constitute a board of commissioners, to provide for t disbursement of said fund or funds, and designate the benefioiari thereof as herein directed, which board shall be known as the Boa of Police Pension Fund Commissioners of such city, village or to\\ [§ 392, ch. 24, R. S. 954. Who shall be pensioned — service for twenty yeai ETC.] § 3. Whenever any person, at the time of taking effect of S8 act to which this is an amendment, or thereafter, shall be duly a pointed and sworn, and have served for the period of 20 years more upon the regularly constituted police force of said city, villa or town of this State, subject to the provisions of this act, or whc the combined years of service of any person in the fire departme and upon the police force, as aforesaid, of said city, village or to^ of this State shall aggregate 20 years or more, said board shall ord and direct that such person after becoming 50 years of age, and 1 service upon such police force shall have ceased, and all officers e titled to and having been pensioned under said act, to which this an amendment, after the taking effect of this act, shall be paid frc such a fund a yearly pension, equal to one-half the amount of t salary attached to the rank which he may have held on said poli force for one year next preceding the expiration of said term of years. And after the decease of such member, his widow or min child or children under 16 years of age, if any, surviving him, shi be entitled to the pension provided for in this act of such a deceas' husband or father, but nothing in this or any other section in tb 315 act shall warrant the payment of any annuity to any widow of a de- ceased member of such police department after she shall have re- married. That all acts, or parts of acts, in conflict with the provisions of this act, [section] are hereby repealed. [As amended by act ap- proved May 11, 1901. In force July 1, 1901. L. 1901, p. 123. 8 393, ch. 24, R. S. . F » ^ 955. Physical disability— retiring prom active service.] §4. Whenever any person, while serving as a policeman in any such city, village or town, shall become physically disabled while in, and inconsequence of, the performance of his duty as such policeman, said board shall, upon his written request, or without such request,, if it deem it for the good of said police force, retire such person from active service and order and direct that he be paid from said fund a yearly pension, not exceeding one-half the amount of the salary at- tached to the rank which he may have held on said police force for one year next preceding such retirement: Provided, that whenever such disability shall cease such pension shall cease. [§ 394, ch. 24, R. S. 956. Certificate op disability.] § 5. No person shall be re- tired as provided in the next preceding section, or receive any benefit from said fund, unless there shall be filed with said board certificates of his disability, which certificates shall be subscribed and sworn to- by said person and by the police surgeon (if there be one) and two practicing physicians of such city, village or town, and such board may require other evidence of disability before ordering such retire- ment and payment as aforesaid. [§ 395, ch. 24, R. S. 957. Death in perpoemance op duty — pension to widow — death in service,] § 6. Whenever any member of the police force of such city, village or town shall lose his life while in the perform- ance of his duty, or receive injuries from which he shall thereafter die, leaving a widow or child or children under the age of 16 years, then upon satisfactory proof of such facts made to it, such board shall order and direct that a yearly pension, equal to one-half the amount of the salary attached to the rank which such member held on said police force at the time of his death, shall be paid to such widow during her life, or if no widow, then to such child or children, until they shall be 16 years of age: Provided, if such widow or child, or children, shall marry, then such persons so marrying shall thereafter receive no further pension from such fund. Whenever any member of the police force shall die after ten years' service therein, and while still in the service of such city, village or town, as such policeman, leaving a widow, or child or children under the age of 16 years, then upon satisfactory proof of such facts made to it,, said board may order and direct that such pension as said board may deem proper, not exceeding one-half the amount of the salary at- tached to the rank which he held at the time of his death, shall be paid to such widow, or if there be no widow, then to such child or children, until they shall be 16 years of age, said pension to cease upon marriage, as provided above. [§ 896, ch. 24, R. S. 316 958. RePOETING TO CHIEF FOE EXAMINATION — SERVICE IN OASES OP EMEKGENOT. ] § 7. Any person retired for disability under this act, may be summoned to appear before the board herein provided for, at any time thereafter, and shall submit himself thereto for ex- amination as to his fitness for duty, and shall abide the decision and or- der of such board with reference thereto. And all members of the po- lice force who may be retired under the provisions of this act, except those who voluntarily retire after 20 years' service shall report to the chief of police of the city, village or town where so retired, on the second Tuesday of each and every month, and in cases of emergency may be assigned to, and shall perform such duty as said chief of police may direct, and such persons shall have no claim against the city, village or town for payment for such duty so performed. [§ 397, ch. 24, K. S. 959. Pension forfeited by crime, misdemeanor, etc.] § 8. Whenever any person who shall have received any benefit from said fund shall be convicted of any crime or misdemeanor, or shall become an habitual drunkard, or shall become a non-resident of this State, or shall fail to report himself for examination for duty as required herein, unless excused by the board, or shall disobey the require- ments of said board under this act, in respect to said examination or duty, then such board shall order that such pension allowance as may have been granted to such person shall immediately cease and de- termine, and such person shall receive no further pension, allowance or benefit, under this act. [§ 398, ch. 24, R. S. 960. Meetings of board — officers — certificate — record — list of pensioners— quorum.] § 9. The board herein provided for shall hold quarterly meetings on the second Tuesdays of April, July, October and January of each year, and upon the call of its president; it shall select from its members a president and secretary, who shall hold such respective positions until their successors are elected; it shall issue certificates, signed by its president and secretary, to the persons entitled thereto, of the amount of money ordered paid to such persons from such fund by said board, which certificates shall state for what purpose such payment is to be made; it shall keep a record of all its proceedings, which record shall be a public record; it shall on the Tuesdays named above, or at each quarterly meeting, send to the treasurer of its city, village or town, and to the comp- troller, or city, village or town clerk, a written or printed list of all persons entitled to payments, from the fund herein provided for, stating the amount of such payments and for what granted, as or- dered by such board, which list shall be certified and signed by the president and secretary of such board, and by the secretary thereof, attested under oath. A majority of all the members of said board shall constitute a quorum, and have power to transact business: Pro- vided, that no resolution shall be passed, or order made by such board, for the payment of money, unless by the affirmative vote of a majority of all the members thereof. [§ 399, ch. 24, R. S. 961. Powers OP BOARD.] § 10. The board herein provided for shall, in addition to other powers herein granted, have power: 317 First— To cormpel witnesses to attend and testify before it, upon all matters connected with the operation of this act, in the same man- ner as is or may be provided by law for the taking of testimony be- fore masters in chancery, and its president, or any member of said board may administer oaths to such witnesses. Second — To appoint a clerk and define his duties. I'hird — To provide for the payment from said fund of all its neces- sary expenses, including clerk hire, printing, and witness fees: Pro- vided, that no compensation or emolument shall be paid to any mem- ber of said board for any duty required or performed under this act. Fourth — To make all needful rules and regulations for its guid- ance in conformity with the provisions of this act. [^ 400, ch. 24, R. S. 962. Report to board by treasurer. J § 11. On the third Tues- day of April of each year the treasurer of every such city, village or town shall make a sworn report to the board herein provided for, and to the mayor and city council of such city, or the president of, and the board of trustees of such city, village or town, of all moneys received and paid out by him on account of said fund, during the previous year, and of the amount of said fund then in his hands ; and all surplus of said fund then remaining in his hands, exceeding the average amount per year paid out by him on account of said fund during the three years next preceding, shall be by him transferred to, and become a part of, the funds of every such city, village or town, and no longer under the control of said board or subject to its order; and whenever this act shall take effect in any such city, village or town, the treasurer thereof shall give a new bond the same as now is, or hereafter may be, required by law, which new bond, when so given and the sureties thereon, shall be for the security of such fund,, the same as other funds belonging to any such city, village or town. Payments provided for in this act shall be made by such treasurer quarterly, upon proper vouchers. [§ 401, ch. 24, R. S. 963. Beneficiaries under prior act — when not sufficient MONEY.] § 12. All members of the police force, and any widow or child or children of such members of any such city, village or town, who, upon the taking effect of this act, shall be entitled to receive any benefit under an act entitled, "An act to amend an act for the relief of disabled members of the police and fire departments in cities and villages," approved May 24, 1877, in force July 1, 1877, as amended by act approved May 10, 1879, in force July 1, 1879, shall receive no payments or benefits under said act, but shall, in lieu thereof, be entitled to the benfits provided for in this act, But if at any time there shall not be sufficient moneys belonging to such fund to pay the allowances of such board to its beneficiaries, then they shall be paid pro rata from such fund, but no allowance or order of such board shall be held to create any liability against any such city, village or town, except upon the fund so set apart as aforesaid for the payment thereof. [§ 402, ch. 24, R. S. 318 BOARD OP TRUSTEES OP FIREMEN'S FUND. AN ACT to create a board of trustees of the firemen's pension fund; to provide and distrib- ute such fund for the pensioning of disabled firemen, and the widows and minor children of deceased firemen; to authorize the retirement from service and the pensioning of mem- bers of the fire department, and for other purposes connected therewith, in cities, villages or incorporated towns whose population exceeds 60,000 inhabitants, having a paid fire de- partment. [Approved May 13, 1887. In force July 1. 1887. L. 1887, p. 117.] 964. Fund, how created — treasurers of fund,] § 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities, villages or incorporated towns whose population exceeds 50,000, having a paid fire depart- ment, oae (1) per centum of all revenues collected or received by such cities, villages or incorporated towns from licenses issued by such cities, villages or incorporated towns shall be set apart by the treasurer of such cities, villages or incorporated towns to whom the same shall be paid, as a fund for the pensioning of disabled and superannuated members of the fire departments, and of the widows and orphans of deceased members of the fire departments of such cities, villages or incorporated towns. The treasurers of such cities, villages or incorporated towns shall be ex officio treasurers of such fund, [§ 403, ch, 24, E, S, 965. Board OF trustees OF firemen's pension FUND.] § 2, The treasurer, clerk, attorney, marshal or chief officer of the fire depart- ment and comptroller of such city, village or incorporated town shall constitute and be a board by the name of the "board of trustees of the firemen's pension fund." The said board shall select from their number a president and secretary: Provided, that in villages and incorporated towns the "board of trustees of the firemen's pension fund" shall consist of the president of the board of trustees, the town or village clerk, the town or village attorney, and the chief officer of the fire department, [§ 404, ch. 24, K. S, 966. Management of fund — assessment of members — deciding UPON applications — RECORD OF MEETINGS.] § B, The Said board shall have exclusive control and management of the fund mentioned in the first section of this act, and of all money donated, paid, or assessed for the relief or pensioning of disabled, superannuated and retired members of the fire departments, their widows and minor children, and shall assess each member of the fire department not to exceed 1 per centum of the salary of such member, to be deducted and withheld from the monthly pay of each member so assessed, the same to be placed by the treasurer of such city, village or incorpora- ted town, who shall be ex officio treasurer of such board, to the credit of such fund, subject to the orders of such board. The said board shall make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications for relief or pensions under this act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board. The board shall cause to be kept a record of all its meeting and proceedings, [As amended by act approved March 28, 1889, In force July 1, 1889, L, 1889, p, 80; § 405, ch. 24, R, S. 967. Rewards, gifts, devises, etc. — permanent fund.] § 4, All rewards in moneys, fees, gifts and emoluments that may be paid 319 or given for, or on account of extraordinary services by said fire de- partment, or any member thereof (except wlien allowed to be re- tained by said member, or given to endow a medal or other perma- nent or competitive award) , shall be paid into said pension fund. The said board of trustees may take by gift, grant, devise or bequest, any money, real estate, personal property, right of property or other valuable thing, the annual income of which shall not exceed one hundred thousand dollars ($100,000) in the whole; and such money, real estate, personal property, right of property or other val- uable thing so obtained, also all fines and penalties imposed upon members of such fire department, shall in like manner be paid into said pension fund and treated as a part thereof, for the uses of such pension fund: Provided, that the sum of two hundred thousand dollars ($200,000) which may be received and accumulated, shall be, when so received and accumulated, retained as a permanent fund, and thereupon and thereafter the annual income may be made avail- able for the uses and purposes of such pension fund. [As amended by act approved March 28, 1889. In force Julv 1, 1889. L. 1889, p. 81;§406, ch. 24, R. S. 968. Power op board to draw fund — investing same — deposit OF securities.] § 5, The said board of trustees shall have power to draw such pension fund from the treasury of such city, village or in- corporated town, and may invest such fund, or any part thereof, in the name of the "Board of Trustees of the Firemen's Pension Fund," in interest-bearing bonds of the United States, of the State of Illi- nois, of any county of this State, or of any township or any municipal corporation of the State of Illinois. And all such securities shall be deposited with the treasurer of said city, village or incorporated town as ex officio treasurer of said board, and shall be subject to the order of said board. [§ 407, ch. 24, R. S. 969. Interest from investment of fund — diminishing rate FROM licenses.] § 6. The interest received from any such invest- ment of said fund, after said fund shall have reached the sum of $200,000, shall be applicable to the payment of pensions under this act. And when such interest shall become so applicable, it shall be in the power of the council of said city, village or incorporated town to diminish such annual rate of one (1) per centum from licenses, so that said income from interest and from licenses shall meet the re- quirements of the pension lists, as provided by this act. [§ 408, ch. 24, R. S. 970. Retirement ON ACCOUNT OF physical or mental disabil- ity.] § 7. If any member of the fire department of any such city, village,' or incorporated town shall, while in the performance of his duty, become and be found, upon an examination by a medical officer ordered by said board of trustees to be physically or mentally per- manently disabled, by reason of service in such department, so as to render necessary his retirement from service in said fire department, said board of trustees shall retire such disabled member from service in such fire department: Provided, no such retirement on account of disability shall occur unless said member has contracted said dis- ability while in the service of such fire department. Upon such re- tirement the said board of trustees shall order the payment to such 320 disabled member of such fire department, monthly, from said pension , fund, a sum equal to one-half the monthly compensation allowed to such member as salary at the date of his retirement. [As amended by act approved March 28, 1889. In force July 1, 1889. L. 889, p. 81; § 409, ch. 24, E. S. 971. Death while in the performance of duty, eto. — pension TO WIDOW — when fund INSUFFICIENT.] § 8. If any member of such fire department shall, while in the performance of his duty, be killed or die as the result of an injury received in the line of his duty, or of any disease contracted by reason of his occupation, or if any member of such fire department shall, while in said service, die from any cause while in said service, or during retirement, or after retirement after 22 years' service, as hereinafter provided, and shall leave a widow, minor child or minor children under 16 years of age, surviving, said board of trustees shall direct the payment from said pension fund of the following sums monthly, to-wit: To such widow, while unmar- ried, $30; to the guardian of such minor child or children, $6 for each of said children until it, or they, reach the age of 16 years: Pro- vided, however, that there shall not be paid to a family of a deceased member a total pension exceeding one-half the amount of the monthly salary of such deceased member at the time of his decease; or, if a retired member, a sum not exceeding one-half the amount of the monthly salary of such retired member at the date of his retirement. If at any time there shall not be sufficient money in such pension fund to pay each person entitled to the benefits thereof, the full amount per month, as hereinbefore provided, then, and in that event, an equal percentage of such monthly payments shall be made to each beneficiary thereof, until the said fund shall be replenished to war- rant the payment in full to each of said beneficiaries. [As amended by act approved March 28, 1889. In force July 1, 1889. L. 1889, p. 81. § 410, ch. 24, R. S, 972. Benefioiakies under peioe act. J § 9. The widows and orphans of deceased firemen and retired members of the fire depart- ment, who are now entitled to pension or annuity under the provis- ions of an act entitled "An Act for the relief of disabled members of the police and fire departments in cities and villages," approved May 24, 1877, as amended, shall be entitled to the benefits, pensions and annuities provided for by this act: Provided, such persons shall thereupon cease to receive pensions, relief or benefits under said act of May 24, 1877. [§ 411, ch. 24, R. S. 973. Retirement after twenty-two years' service, etc.] § 10. Any member of the fire department of any such city, village or incorporated town, after becoming 60 years of age and having served 22 years or more in such fire department, of which the last two years shall be continoas, may make application to be relieved from such fire department, or if he shall be discharged from such fire depart- ment the said board of trustees shall order and direct that said person shall be paid a monthly pension equal to one-half the amount of sal- ary attached to the rank which he may have held in said fire depart- ment at the date of his retirement or discharge; and the said board, 321 apon the recommendation of the fire marshal or chief officer of any ire department provided for in this act, shall have the power to as- sign members of the fire department retired or drawing pensions un- ier this act, to the performance of light duties in such fire department in case of extraordinary emergencies. After the decease of such member, his widow or minor child or children, under 16 years of age, if any surviving him, shall be entitled to the pension provided for in this act, but nothing in this or any other section of this act shall svarrant the payment of any annuity to any widow of a deceased member of such fire department after she shall have re-married. [As amended by act approved March 28, 1889. In force July 1, 1889. L. 1889, p. 82. § 412, ch. 24, R. S. 974. To WHOM ACT APPLIES.] § 11. This act shall apply to all persons who are now, or shall hereafter become, members of such Bre departments, and all such persons shall be eligible to the benefits secured by this act. [§ 413, ch. 24, R. S. 975. Treasukee oe boaed, custodian oe fund — books and ag- DOUNTS— BOND.] § 12. The treasurer of the board shall be the cus- todian of said pension fund, and shall secure and safely keep the same, subject to the control and direction of the board ; and shall keep his books and accounts concerning said fund in such manner as may be prescribed by the board, and the said books and accounts shall always be subject to the inspection of the board or any member thereof. The treasurer shall, within ten day after his election or ap- pointment, execute a bond to the city, village or incorporated town, with good and sufficient securities, in such penal sum as the board shall direct, to be approved by the board, conditioned for the faith- ful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and property which may come into his hands as such treasurer; and that on the expira- tion of his term of office he will surrender and deliver over to his successor all unexpended moneys and all property which may have come to his hands as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, village or incorporated town, and in case of a breach of the same, or the conditions thereof, suit may be brought on the same in the name of such city, village or town, for the use of said board, or of any person or persons injured by sucb breach. [§ 414, ch. 24, R. S. 975. Duty OF mayor, OE OTHERS, TO DEAW WAREANTS.] § 13. It shall lie Uie duty of the mayor, or the president of the board of trus- tees and clerk, or the comptroller, if there be one, and the officer or officers of such city, village or incorporated town who are or may be authorized by law to draw warrants upon the treasurer of such city, village or incorporated town, upon request made in writing by said board, to draw warrants upon the treasurer of such city, village or incorporated town, payable to the treasurer of said board, for all funds in the hands of the treasurer of such city, village or incorpor- ated town belonging to said pension fund. [§ 415, ch, 24, R. S. —21 322 977. Money paid only upon waeeants signed, etc. — interest FKOM FUND,] § 14. All money s ordered to be paid from said pension fund to any person or persons shall be paid by the treasurer of said board only upon warrants signed by the president of the board and countersigned by the secretary thereof; and no warrant shall be drawn except by order of the board duly entered in the records of the proceedings of the board. In case the said pension fund or any part thereof shall, by order of said board or otherwise, be deposited in any bank-, or loaned, all interest or money which may be paid or agreed to be paid on account of any such loan or deposit, shall belong to and constitute a part of said fund: Provided, that nothing herein con- tained shall be construed as authorizing said treasurer to loan or de- posit said fund or any part thereof, unless so authorized by the board. [§ 416, oh. 24, R. S. 978. Report of board of conditions of fund.] § 15. The board of trustees shall make report to the council of said city, village or incorporated town, of the conditions of said pension fund on the first day of January in each and every year. [§ 417, oh. 24, R. S. 979. Fund not subject to levy either before or after order OF distribution, etc. r§ 16. No portion of said pension fund shall, either before or after its order of distribution by said board to such disabled members of said fire department, or to the widow or guardian of such minor child or children, or a deceased or retired member of such department, be held, seized, taken, subjected to, or detained or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or any process or proceeding whatever issued out of or by any court of this State for the payment or satisfaction in whole or in part of any debt, damages, claim, de- mand or judgment against such member, or his said widow, or the guardian of said minor child or children of any deceased member; but the said fund shall be sacredly held, kept, secured and distributed for the purpose of pensioning the persons named in this act, and for no other purpose whatever. [§ 418, ch. 24, R. S. 980. Repeal J § 19. [17.] All acts and parts of acts incon- sistent with this act are hereby repealed. [§ 419, ch. 24, R. S. tax or license pee from foreign fire insurance companies. an act entitled, "An act to enable cities, towns and villages, organized nnder any general or special law to levy and collect a tax or license fee from foreign fire insurance com- panies for the benefit of organized fire departments." LThis act became a law May 31, 1895. in force July 1, 1895. L. 1895, p. 104.1 981. Foreign fire insurance companies to pay tax or license FEE — penalty.] § 1. All corporations, companies and associations not incorporated under the laws of this State, and which are engaged in any city, town or villages organized under any general or special law of this State, in effecting fire insurance, shall pay to the treas- urer of the city, town or village for the maintenance, use and benefit of the fire department thereof, a sum of not exceeding 2 per cent of the gross receipts received by their agency in such city, town or vil- lage; 25 per cent of the amount so collected to be set apart and ap- propriated to the fund for the pensioning of disabled and superanu- 323 ated members of the fire department, and of the widows and orphans of deceased members of the fire department of cities, villages or in- corporated towns whose population exceeds 50,000 and having a paid fire department. Cities, towns and villages are hereby empowered to prescribe by ordinances the amount of tax or license fee to be fixed, not in excess of the above rate, and at that rate such cor- porations, companies, and associations shall pay upon the amount of all premiums, which during the year ending on every first day of July shall have been received for any insurance effected or agreed to be effected in the city, town or village, by or with such corporation, companies or association, respectively. Every person who shall act in, any city, town or village as agent, or otherwise, for or on behalf of any such corporation, company or association, shall, on or before the 15th day of July of each and every year, render to the city, town or village clerk a full, true and just account, verified by his oath, of all the premiums which, during the year ending on every first day of July preceding such report, shall have been received by him, or any other person for him in behalf of any such corporation, company or association, and shall specify in said report the amounts received for fire insurance. Such agent shall also pay to the treasurer of any such city, town or village, at the time of rendering the aforesaid re- port, the amount of rates fixed by the ordinances of the said cities, towns or villages for which the companies, corporations or associa- tions represented by them are severally chargeable by virtue of this act and the ordinances passed in pursuance hereof. If such account be not rendered on or before the day herein designated for that pur- pose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in de- fault, to transact any business of insurance in any such city, town or village until the said requisition shall have been fully complied with; but this provision shall not relieve any company, corporation or as- sociation from the payment of any risk that may be taken in viola- tion hereof. [Added by act approved April 24, 1901, in force July 1, 1901. L. 1901, p. 98. § 420, ch. 24, R. S. 982. Penalty foe violating this act.] § 2. Any person or persons violating any of the provisions of this act shall be subject to indictment, and upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding one thousand (1,000) dollars or imprisoned in the county jail not exceeding six (6) months, either or both, in the discretion of the court. The amount of said tax or license fee may also be recovered of said corpo- ration, company or association, or its agent, by an action in the. name and for the use of any such city, town or village as for money had and received. Provided, that this act shall only apply to such cities, towns and villages as have an organized fire department, or maintain some organization for the prevention of fires. [§ 421, ch. 24, R. S. 983. Repeal.] § 3. All acts or parts of acts in oonfiict with the provisions of this act' are hereby repealed. [§ 422, ch. 24, R. S. H21 INSURANCE PATRqLMEN'S PENSION FUND. AN ACT to create an oreanization and a fund for the pensioning of disabled fire insurance patrolmen, and the widows and children of deceased patroHnen, and authorizing the re- tirement from service and the pensioning of members of the fire insurance patrol in cities, villages and towns where the population exceeds 60,000 inhabitants having a paid fire insurance patrol, [Approved June 24. 1895: in force Julv 1. 1895, L, 1896, p. 101,] 984. In WHAT cities, etc, fund may beoebated.J § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly : That in all cities, villages or incorporated towns whose population exceeds 50,000 having a paid fire insurance patrol, a fund may be created by the board of underwriters of such cities, /illages or towns for the pensioning of disabled fire insurance patrol- men and the widows and children of deceased patrolmen; to authorize the retirement from service and the pensioning of members of the fire insurance patrol, and for other purposes con- nected therewith. Such fund shall be controlled and managed by a board of trustees composed of the president, secretary, treasurer, chairman of the patrol committee, and the superintendent or chief oflBcers of the tire insurance patrol of the board of underwriters of such city, village or town, under the name of "The Board of Trustees of the Patrolmen's Pension Fund," The said board shall select from their number a president, secretary and treasurer, [§ 423, ch. 24, K, S. 985. Control and management of fund — fund set aside to PAY, ETC, — RULES AND REGULATIONS.] § 2, The Said board of trustees shall have exclusive control and management of all money donated, paid or assessed for the relief or pensioning disabled, superanuated and retired members of the fire insurance patrol, their widows and minor children, and shall assess each member of the fire insurance patrol not to exceed 1 per cent of the salary of such member, to be deducted and withheld from the monthly pay of each member so as- sessed. And the treasurer of the board of underwriters of such city, village or town shall set aside and pay to the treasurer of said board of trustees not to exceed 2 per cent of all moneys paid to him by in- surance companies for the support of said fire insurance patrol, the same to be placed by the treasurer of said board of trustees to the credit of such fund, subject to the order of such board of trustees. The said board of shall make all needful rules and regulations for its government in the discharge of its duties; shall hear and decide all applications for relief or pension under this act and its decisions on such applications shall be final and conclusive and not subject to review or reversal except by the board of trustees. The said board of trustees shall cause to be kept a record of all its meetings and pro- ceedings, [§ 424, ch, 24, R, S, 986. Money to be paid into pension fund, except, etc] § 3, All rewards in moneys, fees, gifts and emoluments that shall be paid or given for or on account of extraordinary services by said fire in- surance patrol or any member thereof (except when allowed to be retained by such member, or given to endow a medal or other perma- nent or competitive award) shall be paid into said pension fund. [§425, ch,-24, R, S, 325 987. Investment of funds.] §4. The said board of trustees may invest such funds or any part thereof in the name of the board of trustees of the patrolmen's pension fund in such interest beaririff securities as may be approved by the said board of trustees, and all such securities shall be deposited with the treasurer and shall be subject to the order of said board of trustees. [§ 426, ch. 24, R. S. 988. Retirement of membee — pension.] §5. If any member of the fire insurance patrol of such city, village or town shall, while in the performance of his duty, become and be found upon examina- tion by a medical officer, ordered by said board of trustees, to be physically or mentally permanently disabled by reason of service in such department so as to render necessary his retirement from service in said fire insurance patrol, said board of trustees shall retire such member from service in such fire insurance patrol. Upon such re- tirement, the said board of trustees shall order the payment to said disabled member of said fire insurance patrol, monthly from such pension fund a sum equal to one-half of the monthly compensation allowed to such member as salary at the date of his retirement. [§ 427, ch. 24, R. S. 989. Pension fund — to whom and when paid.] § 6. If any member of such fire insurance patrol shall, while in the performance of his duty, be killed or die as the result of an injury received in the line of his duty, or of any disease contracted by reason of his occu- pation, or if any member of such fire insurance patrol shall die from any cause while in said service or during retirement, or after retire- ment after 22 years' service, as hereinafter provided, and shall leave a widow, or children under 16 years of age surviving, said board of trustees shall direct the payment from said pension fund of the fol- lowing sum, monthly, to- wit: To such widow, while unmarried, $30; to the guardian of such minor child or children, $6, for each of said children until it or they reach the age of 16 years: Provided, that there shall not be paid to a family of a deceased member, a total pension exceeding one- half the monthly salary of said deceased member at the time of his decease, or if a retired member, a sum not exceeding one-half the amount of the monthly salary of such retired member at the date of his retirement. If at any time there shall not be sufficient money in such pension fund to pay each person entitled to the benefits thereof the full amount per month as hereinbefore provided, then, and in that event, an equal percentage of such monthly payments shall be made to each benificiary thereof until the said fund shall be replenished to warrant the payment in full to each of said persons. [§ 428, ch. 24, E. S. 990. Pensions fob members of the fire insurance patrol re- tired, ETC.] § 7. Any member of the fire insurance patrol of any city, village or town, after becoming 50 years of age and having served 22 years or more in such fire insurance patrol, of which the last two years shall be continuous, may make application to be re- 326 from such fire insurance patrol, the said board of trustees shall order and direct that such person shall be paid a monthly pension equal to one-half the amount of salary attached to the rank which he may have held in said fire insurance patrol at the date of his retirement or discharge. And the said board, upon the recommendation of the superintendent or chief officer of the patrol provided for in this act, shall have the power to assign members of the fire insurance patrol, retired or drawing pensions under this act, to the performance of light duties in said fire insurance patrol. After the decease of such member, his widow, or minor child or children under 16 years of age, if any surviving, shall be entitled to the pension provided for in this act. But nothing in this or any other section of this act shall war- rant the payment of any annuity to any widow of a deceased member of such fire insurance patrol after she shall have remarried. [§ 429, ch. 24, K. S. 991. To WHOM THIS ACT APPLIES.] § 8. This act shall apply to all persons who are now or shall hereafter become members of such fire insurance patrol, and all such persons shall be eligible to the benefits secured by this act. f§ 430, oh. 24, R. S. 992. Custodian of fund — bond.] § 9. The treasurer of the board of trustees shall be the custodian of said pension fund and shall secure and safely keep the same subject to the control and di- rection of the board, and shall keep his books and accounts concern- ing said fund in such manner as shall be prescribed by the board of trustees; and the said books and accounts shall always be subject to the inspection of the board of trustees or any member thereof. The treasurer shall, within ten days after his election or appointment, ex- ecute a bond to the board of underwriters with good and sufficient security in such penal sum as the board shall direct, to be approved by the board of trustees, conditioned for the faithful performance of the duties of his office, and that he will safely keep, bold and truly account for all moneys and property which may come into his hands as such treasurer, and that upon the expiration of his term of office he will surrender and turn over to his successor all unexpended moneys and all property which may have come into his hands as treasurer of such fund. Such bond shall be filed in the office of the board of underwriters, and in case of a breach of the same or the conditions thereof, suit may be brought on the same in the name of such board of underwriters for the use of such board or of any per- son or persons injured by such breach. [§ 431, ch. 24, R. S. 993. Money, how paid — when deposited — interest.] § 10. All moneys ordered to be paid from said pension fund lo any person or persons shall be paid by the treasurer of said board only upon warrants signed by the president of the board and countersigned by the secretary thereof, and no warrant shall be drawn except by order of the board of trustees and duly entered in the record of the pro- ceedings of the board. In case the said pension fund or any part thereof shall by order of said board of trustees or otherwise be de- posited in any bank or loaned, all interest on money which may be 327 belong to and constitute a part of such fund: Provided, that noth- ing herein contained shall be construed as authorizing said treasurer to loan or deposit such fund or any part of such fund unless so authorized by the board of trustees. [ § 482, ch. 24, R. S. 994. Report.] § 11. The board of trustees shall make report to the board of underwriters of such city, village or town of the condi- tion of such pension fund on the first day of January of each and every year. [§ 4B3, ch. 24, R. S. 995. Funds NOT liable to execdtion, etc.] § 12. No portion oi said pension fund shall either before or after its order of distribu- tion by such board to such disabled members of said fire insurance patrol or to the widow or guardian of such minor child or children of deceased or retired member of such fire insurance patrol be held, seized, taken, subjected to, or detained, or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or any process or proceeding whatever issued of or by any court of this State for the payment or satisfaction in whole or in part of any debt, damages, claim, demand or judgment against such mem- ber or his widow or the guardian of said minor child or children of any deceased member, but the said fund shall be sacredly held, kept secure and distributed for the purpose of pensioning the persons named in this act and for no other purpose whatever. [§ 4B4, ch. 24, R. S. PINES PAID HUMANE SOCIETIES. AN ACT to provide for the payment of flues paid in money, upon all prosecutions for cruelty to animals or children to the support of societies for the prevention of cruelty to animals and children, or humane societies. [Approved June 23, 1885. In force July 1, 1885. L. 1885, p. 200.] 996. To BE PAID TO societies for prevention of CRUELTY, ETC.] § 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly : That all the fines, paid in money, imposed through the agency of any humane society or society for the preven- tion of cruelty to animals and children under the laws of the State of Illinois, shall, when collected, be paid into the treasury of such so- ciety, to be applied towards its support. [§ 471, ch. 38, R. S. 997. Society to be incorporated under laws of Illinois.] § 2. That all the fines paid in money imposed through the agency of any humane society (or society for the prevention of cruelty to ani- mals and children) under the laws or ordinances of any city, town or village, within the State of Illinois, may, when collected, be paid into the treasury of such society: Provided, such society named in this act shall be incorporated under and by virtue of the laws of the State of Illinois. [§ 472, ch. 38, R. S. cemetekies and cemetery grounds-control by cities. AN act to provide for the removal of cemeteries. [Approved April 24, 1873; in force July 1, 1873. L. 1873, p. 64.1 998. When CEMETERY MAY BE removed — EXPENSE.] §1. Beit enacted by the People of the State of Illinois, represented in the General Assembly : That whenever any cemetery shall be embraced 328 within the limits of any town or city, it shall be lawful for the corpo- rate authorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, to cause the remains of all persons interred therein to be removed to some other suitable place: Provided, said corporate authorities shall have first obtained the assent of the trustees or other persons having the control or owner- ship of said cemetery, or a majority thereof: And, provided further, that when such cemetery is owned by one or more private parties, or private corporation or chartered society, the corporate authorities of such town or city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application. [§ 2. ch, 21, K. S. SALE OF CEMETERY LAND. AN ACT to enable cemetery companies to sell and convey land not required for burial pur- poses. [Approved Feb. 12, 1874; in force July 1, 1S74.] 999. When cemetery land may be sold ] % I. BeH enacted by the People of the State of Illinois, represented in the General Assembly: That in all cases where cemetery companies, incorporated by special law, have been or shall be prohibited by any act of the legislature or municipal ordinance from occupying any land pur- chased for burial purposes, and the boundaries limited by such law or ordinance, it shall and may be lawful for any such company to sell and convey the land outside of such boundaries for other than burial purposes. f§ 3, ch. 21, R. S. MUNICIPALITIES MAY ESTABLISH CEMETERIES. AN ACT to amend an act entitled. "An act to enable cities and villages to eiitablish and reKulate cemeteries." approved March 24. 1874. amended by an act approved May 25, 1877, in force July 1, 1877. [Approved and in force June 14, 18B3. L. 1883. p. 65.] 1000. Enacting CLAUSE.] § 1. Beit enactSd by the People of the State of Illinois, represented in the General Assembly: That an act entitled, "An act to enable cities and villages to establish and regulate cemeteries," approved March 24, 1874, and amended by an act approved May 25, 1877, be, and the same is so amended, as to read as follows: [§ 4, ch. 21, R. S. 1001. Power OF CITY, village, township and associations to ESTABLISH.] § 1. That any city, village or township in this State may establish and maintain cemeteries, within and without its corpo- rate limits, and acquire lands therefor, by condemnation or otherwise, and may lay out lots of convenient size for families; and may sell lots for family burying ground, or to individuals for burial purposes: Provided, associations duly incorporated under the laws of this State for cemetery purposes shall have the same power and authority to purchase lands and sell lots for burial purposes as are conferred upon cities, villages or townships under this act, [As amended by act approved May 11, 1901; in force July 1. 1901; L. 1901, p. 94. § 5, ch. 21, R. S. 329 1002. POWBE OP TWO OE MOEE CITIES, VILLAGES, OE TOWNSHIPS TO ESTABLISH JOINTLY.] § 2. That any two or more cities, villages or townships in this State may jointly unite in establishing and maintaining cemeteries within and without the corporate limits of either, and acquire lands therefor in common, by purchase, condem- nation or otherwise, and may lay out lots of convenient size for families, and may sell lots for family burying ground or to indi- viduals for burial purposes. [§ 6, oh. 21, K. S. 1003. Emeegenoy.J %'S. Wheeeas, the legislative authorities of certain cities in this State are desirous of uniting together imme- diately in establishing burial grounds or cemeteries under the pro- visions of the second section of this act, whereby an emergency exists, that this act should take efPect without delay, therefore this act shall take effect and be in force from and after its passage. [§ 7, ch. 21, R. S. SALE OF MUNICIPAL PROPERTY FOR CEMETERY PURPOSES. AN ACT to enable the mayor and aldermen of certain cities to lease or convey real estate. [Approved April 15. 1876, in force July 1. 1875 L. 1875. p. 40.] 1 004. When land leased oe sold for cemetery purposes ] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That in all cities of which the mayor and aldermen have heretofore been incorporated by any special act, as a cemetery association or body politic, it shall be lawful, a majority of their number assenting thereto, for such association or body politic, to demise for a term of years, or to convey in perpetuity any real es- tate which it may have acquired by purchase or otherwise; and the real estate so conveyed shall be devoted exclusively for burial or cemetery purposes by the grantee or lessee thereof. [§ 8, ch. 21, E. S. control op public cemeteries by MUNICIPALITIES. AN ACT in relation to the control of public graveyards. [Approved May 29, 1879, in force July 1. 1879. L. 1879, p. 63.] 1005. Control by corporate authorities. §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That public graveyards in this State, not under the con- trol of any corporation, sole organization or society and located within the limits of cities, villages, town, townships or counties not under township organization, shall and may be controlled or vacated by the corporate authorities of such city, village, town, township or county, in such manner as such authorities may deem proper, and in the case of towns, such control may be vested in three trustees, to be elected annually by the voters of such town at the annual town meet- ing therein. [§ 14, ch. 21, R. S. MUNICIPAL contributions TO HOSPITALS. AN ACT to enable cities and counties in this State to contribute towards the support of ' non-sectarian public hospitals located within their respective limits. [Approved May 23, 1889. in force July 1, 1889; L. 1889. p. 167,] 1 006. City, etc., may contribute to non-seotaeian hospital.] § 1. Be it enacted by the People of the State of Illinois, repre- 330 sented in the General Assembly: That it shall be lawful for any county or any city of this State to contribute such sum or sums of money towards the support of any non-sectarian public hospital for the sick or infirm, located within its limits, as the county board of the county, time.] § 16. The superintendent of any such house of correction shall receive a salary per annum, to be fixed by the legislative author- ity of such city, to be paid quarterly. It shall be his duty to keep a record of each and all infractions of the rules and discipline of said house of correction, with the names of each, the convict offending, and the date and character of each offense, and every convict sen- tenced or committed for six months or more, whose name does not appear upon such record, shall be entitled to a deduction of three days per month from his or her sentence, for each month he or she shall continue to obey all the rules of said house of correction. !§ 16, ch. 67, R. S. 1073. Oath — bond.] § 17. The inspectors of any such house of correction and the superintendent thereof, shall, before they enter on the duties of their respective offices, take and subscribe the usual oath of office. Said inspectors and superintendent shall severally give bond to suCh city with sureties, and in a penal sum such as may be required by the legislative authority thereof, for the faithful per- formance of their duties. [§ 17, ch. 67, R. S. 347 HOUSES OP COBKECTION OUTSIDE OF COKPOKATB LIMITS. AN ACT to authorize oltiea to establish houses of correction outside of the corporate limits and authorize the confinement of convicted persona therein. [Approved June 11. 1897. In force July 1, 1897. L. 1897. p. 97.] 1074. May establish houses of ooereotion outside of coepoe- ATE limits— police POWERS ovEE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be lawful for the miinicipal authorities of any city within this State, to purchase, own and control not to exceed 40 acres of land within the incorporate limits of such city, or outside and within three miles of the corporate limits of any such city, for the purpose of establishing thereon a house of correction and other buildings or appurtenances thereto which shall be used for the con- finement and punishment of criminals or persons sentenced or com- mitted thereto under the provisions of this act, or any law of this State, or ordinance of any city or village authorizing the con- finement of convicted persons in any such house of correction. And when such land is purchased and house of correction estab- lished by any such city outside of the corporate limits thereof, such city and the municipal authorities thereof shall have full and com- plete police powers over such lands and territory surrounding the same as is now conferred by law upon incorporated cities, towns and villages within this State, over territory lying within the corporate limits thereof. [§ 506, ch. 24, R. S. LIBRAEIES. AN ACT to authorize cities, incorporated towns and townships to establish and maintain free public libraris and reading rooms. [Approved and in force March 7, 1872. L. 1871-2, p. 609. 1075. City may establish— tax — fund, etc.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the city council of each incorporated city, whether organized under general law or special charter, shall have power to establish and maintain a public library and reading room for the use and benefit of the inhabitants of such city, and may levy a tax of not to exceed 2 mills on the dollar annually on all the taxable property in the city: Provided, that in cities of over 100,000 inhabitants, after the year 1896, such tax shall not exceed one mill on the dollar annually, such tax to be levied and collected in like manner with the general taxes of said city, and to be known as a library fund: Provided, That said an- nual library tax in cities of over 2,000 inhabitants shall not be included "in the aggregate amount of taxes as limited by section one (1) of article eight (8) of "An act for the incorporation of cities and villages," approved April 10, 1872, and the amendatory acts thereto, or by any provision of any special charter under which any city in this State is now organized. [As amended by act approved May 10, 1901. In force July 1, 1901. L. 1901, p. 235; § 1 ch. 81, R. S. 1076. DiEEOTOES.] § 2. When any city council shall have de- cided to establish and maintain a public library and reading room under this act, the mayor of such city shall, with the approval of the city council, proceed to appoint a board of nine directors for the 348 same, chosen from the citizens at large with reference to their fitness for such office; and not more than one member of the city council shall be at any one time a member of said board, f § 2, ch. 81, E. S. 1077. Teem of office— removal.] § 3. Said directors shall hold office, one-third for one year, one-third for two years, and one- third for three years from the first of July following their appoint- ment, and at their first regular meeting shall cast lots for the respec- tive terms; and annually thereafter the mayor shall, before the first of July of each year, appoint as before three directors to take the place of the retiring directors, who shall hold office for three years, and until their successors are appointed. The mayor may, by and with the consent of the city council, remove any director for miscon- duct or neglect of duty. [§ 3, ch. 81, R. S. 1078. Vaoanoies — compensation.] § 4. Vacancies in the board of directors, occasioned by removals, resignation or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive compensation as such. [§ 4, ch. 81, R, S. 1079. Organization — powers op directors — funds.] § 5. Said directors shall, immediately after appointment, meet and or- ganize by the election of one of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library and reading room as may be expedient, not inconsistent with this act. They shall have the exclusive control of the expenditure of all moneys col- lected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings, constructed, leased or set apart for that purpose: Provided, that all moneys received for such library shall be deposited in the treasury of said city, to the credit of the library fund and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of said city, upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds, to occupy, lease or erect an appropriate building or buildings for the use of said library; shall have power to appoint a suitable librarian and necessary assistants, and fix their compensation, and shall also have power to remove such appointees; and shall, in gen- eral, carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room. [§ 5, ch. 81, R. S. 1080. Who MAY USE library.] §6. Every library and reading room, established under this act, shall be forever free to the use of the inhabitants of the city where located, always subject to such reasonable rules and regulations as the library board may adopt, in order to render the use of said library and reading room of the great- est benefit to the greatest number; and said board may exclude from the use of said library and reading room any and all persons who shall wilfully violate such rules. And said board may extend the privileges and use of such library and reading room to persons resid- ing outside of such city in this State, upon such terms and condi- 349 tions as said board may from time to time by its regulations pre- scribe. [As amended by act approved March 27, 1874, in force July 1, 1874; § 6, ch. 81, R. S. - J 1081. Report of dieeotoks.] § 7. The said board of directors shall make, on or before the second Monday in June, an annual re- port to the city council, stating the condition of their trust on the first day of June of that year, the various sums of money received from the library fund and from other sources, and how such moneys have been expended, and for what purposes; the number of books and periodicals on hand, the number added by purchase, gift, or otherwise, during the year; the number lost or missing; the number of visitors attending; the number of books loaned out, and the gen- eral character and kind of such books; with such other statistics, in- formation and suggestions as they may deem of general interest. All such portions of said report as relate to the receipt and expenditure of money, as well as the number of books on hand, books lost or missing, and books purchased, shall be verified by aiEdavit, 18 7, ch. 81, R. S. J 18 . 1082. Penalties. § 8. The city council of said city shall have power to pass ordinances imposing suitable penalties for the punish- ment of persons committing injury upon such library or the grounds or other property thereof, and for injury to or failure to return any book belonging to such library. [§ 8, ch. 81, R, S. 1083. Donations.] § 9, Any person desiring to make donations of money, personal property or real estate for the benefit of such li- brary, shall have the right to vest the title to the money or real es- tate so donated in the board of directors created under this act, to be held and controlled by such board, when accepted, according to the terms of the deed, gift, devise or bequest of such property ; and as to such property the said board shall be held and considered to be special trustees. [§ 9, ch. 81, R. S. ' ■ 1 084. Powers of villages, towns and townships.] § 10. When 50 legal voters of any incorporated town, village or township shall present a petition to the clerk of the town, village or township (or trustee of schools in counties not under township organization) ask- ing that an annual tax may be levied for the establishment and main- tenance of a free public library in such town or township, and shall specify, in their petition, a rate of taxation not to exceed 2 mills on the dollar, such clerk (or trustees of schools in counties not under township organization) shall, in the next legal notice of the regular annual election in such town or township, give notice that at such election every elector may vote "For a . . . . mill tax for a free public library," or "Against a mill tax for a free public library," speci- fying in such notice the rate of taxation mentioned in said petition ; and if a majority of all the votes cast in such town, village or township shall be "For the tax for the free public library," the tax specified in such notice shall be levied and collected in like manner with other general taxes of said town or township, and shall be known as the "Library Fund:" Provided, that such tax shall cease in case the legal voters of any such town, village or township shall so determine by a majority vote, at any annual election held therein; and the cor- 350 porate authorities of such towns or villages may exercise the same powers conferred upon the corporate authorities of cities under this act. [ § 10, ch. 81, R. S. 1 085. DiKECTOKS IN VILLAGES, ETO.]. § 11. At the next regular election after any town, village or township shall have voted to eS'- tablish a free public library, there shall be elected a library board of six directors, one- third for one year, one-third for two years, one- third for three years, and annually thereafter there shall be elected two directors, who shall hold their office for three years and until their successors are elected and qualified; which board shall have the :same powers as are by this act conferred upon the board of directors of free public libraries in cities. [§ 11, ch. 81, R. S. 1086. Emergency.] § 12. Whereas, all the libraries of Chicago were destroyed by the recent fire in that city, and large donations of books have been made to found a free library, and whereas, no suit- able building or organization exists to receive or preserve them, therefore an emergency exists that this law shall take effect immedi- ately; therefore this act shall take effect and be in force from and after its passage. [§ 12, ch. 81, R. S. 1087. Eeegtion of buildings — plans— costs.] § 13. When- ever any board of directors of any public library, organized under the provisions of the act to which this is an amendment, shall de- termine to erect a building to be used for their library, or to pur- chase a site for the same, or both, or to accumulate a fund for the erection of such building, or to pay for a library site, or both, they may do so as follows: The directors shall cause a plan for such building to be prepared and an estimate to be made of its cost, or if for the purchase of a site, an estimate of its cost; they may then determine the time or years over which they will spread the collection of the cost of said building or site, or both, not exceeding twenty (20) years, and shall make a record of their said proceedings and transmit a copy thereof to the city council for its approval. If the council shall approve the action of the board, the board shall divide the total cost of said building or site, or both, into as many parts as they shall determine to spread the cost of the collec- tion thereof, and shall certify the amount of one of said parts to the city council each and every year during the time or term over which they shall have determined to spread the collection of the cost of said building, or site, or both. The city council on receiving the said last mentioned certificate shall in its next annual appropriation bill include the amount so cer- tified, and shall levy and collect a tax to pay the same, with the other general taxes of the city: Provided, the said levy shall not exceed five (5) mills on the dollar in any one year and shall not be levied oftener than for the number of years into which the library board shall have divided the costs of said building or site, or both; and and when said sum herein mentioned shall have been collected the said tax shall cease. [As amended by act approved and in force March 30, 1901. L. 1901, p. 285; § 13, ch. 81, R, S. 351 1088. Duty of board — erection op building — investment of FUNDS.] § 14. The library board shall determine when they will pro- ceed with the construction of the building; they may proceed at once or may determine to wait and allow the fund to accumulate, but shall not delay construction of said building longer than for the collec- tion of said fund. If they shall determine to wait, they shall certify their action to the city council and said city council shall invest said money in good interest paying securities, there to remain until the same is needed for the construction of the building under the pro- visions of this act. [Added by act approved June 19, lb91, in force July ], 1891. L. 1891, p. 155; § U, oh. 81, R. S, 1089. How CONTRACT TO BE LET.] § 15. When the directors shall determine to commence the construction of the building they may then revise the plan therefor or adopt a new plan and provide estimates of the costs thereof, and shall advertise for bids for the construction of said building and shall let the contract to the lowest and best responsible bidder, and may require from such bidder se- curities for the performance of his bid as the board shall determine: Provided, the said directors may let the contract for one part of said building to one bidder, and for another part to another bidder as they shall determine: And provided, further, the board of directors shall not in any new plan increase the per cent of the tax levy hereunder without the approval of the city council. [Added by act approved June 19, 1891, in force July 1, 1891. L. 1891, p. 155; § 15, ch. 81, R. S. 1090. May rent portion — borrow money — tax — levy.] §16. If the board of directors shall think best, they may construct the building so that a portion thereof may be rented, and may at any time during the construction thereof borrow money and execute a mortgage on the lot and building, not exceeding one- half the value thereof, and the money so obtained shall be used exclusively in the completion of said building. The levy of a tax hereunder shall not be included in the aggregate amount of taxes as limited by section one (1) of Article eight (8) of "An act for the Incorporation of cities and villages," approved April 10, 1872, and amendatory acts thereto, nor shall it affect any appropriation made or to be made for the support of the library. This act shall not apply to any city in this State having over 100,000 inhabitants. [As amended by act ap- proved May 10, 1901, in force July 1, 1901. L. 1901, p. 234; § 16, ch. 81, R. S, AN ACT to enable library associations to sell and transfer their real and personal property [Approved March 24, 1874: in force July 1, 1874.] 1091. Library associations may sell, etc., to public libraries — meeting — notice.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any library association organized under any law of this State, and owning any real or personal property in this State, shall desire to sell or lease the same, or any part thereof, absolutely or with conditions, to the board of directors of any free public library, organized under the laws of this State, such sale or lease may be made in the manner 352 following, viz.: The directors of such association shall call a meet- ing of all the members, subscribers or stockholders thereof, to be held at the rooms of said library or office of the secretary of such associa- tion, written or printed notice of the time, place and object of such meeting, and of the terms and conditions of the proposed sale or lease being first mailed, at least thirty (30) days prior to the time of such meeting, to the address of each member, subscriber or stockholder whose place of residence is known to any of the officers or directors of such association, and by publishing such notice for at least thirty (80) consecutive days next preceding the time of such meeting, in some newspaper published and of general circulation in the county where the property of said association is situate. [§ 17, ch. 81, R. S. 1092. Vote — mannee of making conveyance, etc.] § 2. If the members, subscribers or stockholders representing the majority in amount of the stock of such association, shall vote at such meeting in favor of such sale or lease upon the terms or conditions specified in such notice, or, in case said association shall consist of two or more departments, if a majority of the members, subscribers or stockholders of each department shall vote at such meeting in favor of such sale or lease so specified, then the president and secretary shall cause a record of the proceedings of such meeting, verified by the oath of the president thereof, together with an affidavit of the service or publi- cation of notice as herein required, to be filed in the office of the clerk of the circuit court of the county where the property of such associa- tion is situate; after which the president and secretary of the said association shall be and are hereby authorized and empowered to ex- ecute any and all necessary deeds, leases, bills of sale, or other in- struments in writing, to carry out the object and intent of said vote, which, when duly executed, shall be sufficient to pass to the board of directors of such free public library all the legal and equitable title of said associations in and to the real or personal property in said in- strument described as therein set forth. [§ 18, ch. 81, R. S. CHICAGO PUBLIC LIBRARY. AN ACT to authorize the Chicago public library to erect and maintain a public library on Dearborn park in the city of Chicaeo, and to authorize the Soldiers' Home in Chicago to sell and dispose o( its interest in the north one-quarter of the said park. fApproved June 2, 1891; in force July 1, 1891; L. 1891, p. 166] Whereas, in the original subdivision of a tract of land in the west part of the southwest fractional quarter of section 10, township 39 north, range 14, east of the third principal meridian, as subdivided and platted under the authority of the Secretary of War in the year 1839, a square or tract of land in said subdivision, a part of which is known as Dearborn park, was set aside for park purposes, and was so dedicated by the general government; And, whereas, the circumstances under which said dedication was made, no longer exist, so that said park can not be used or utilized for the purposes for which said dedication was made, the growth and development of business having now rendered it worthless for such purposes; therefore, 353 1093. May erect public library on dearborn park — memorial HALL.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Chicago public library be and is hereby authorized to take possession of the piece of ground now known as Dearborn park, in that part of the city of Chi- cago, State of Illinois, known as the Fort Dearborn addition to Chi- cago, and bounded on the north by the south line of Randolph street, on the east by the west line of Michigan avenue, on the south by the north line of Washington street, on the west by the east line of an alley known as Dearborn place, and to erect and maintain thereon a public library building under and in pursuance of the power and authority conferred upon the said Chicago public library by an act entitled, "An act to authorize cities, incorporated towns and town- ships to establish and maintain free public libraries and reading rooms," approved and in force March 7, 1872, and the various amend- ments thereto: Provided, that no building shall be erected upon the north one-quarter (J) of said ground by the Chicago public library until it has obtained, by purchase or otherwise, whatever interest the Soldiers' Home in Chicago acquired in the same, under and by virtue of an act entitled, "An act to authorize the Soldiers' Home in Chi- cago to erect and maintain a soldiers' memorial hall on the north one- quarter (i) of Dearborn park, in the city of Chicago," approved June 4, 1889: And, provided, further, that in case the Chicago public library shall obtain, by purchase or otherwise, whatever interest the Soldiers' Home in Chicago may have in said north one-quarter (J) of Dearborn park, then and in such case the Chicago public library, in erecting such library building, shall construct in such part of it as it may elect or determine a hall to be known and forever maintained as a memorial hall to commemorate the patriotism and sacrifices of the Union soldiers and sailors of the late civil war, which hall, when completed, may be leased by the Chicago public library at a nominal rental for the period of 50 years to the Grand Army Hall and Mem- orial association of lUlinois, to be used by it and such other organ- izations of Union soldiers and sailors of the late civil war having their headquarters in Cook county, as it may direct, for the purposes of their organization. [§ 19, ch. 81, R. S. 1 094. Soldiers' home in ohioago mat sell, etc. § 2. The Soldiers' Home in Chicago is hereby authorized to sell, assign, trans- fer and convey to the Chicago public library, upon such terms and conditions as may be agreed upon, all the right, title and interest which said Soldiers' Home in Chicago now holds in or to the north one-quarter (J) of said Dearborn park; and when such assignment or conveyance is made the said Chicago public library shall become seized and possessed of all the rights and interest in and to said north one-quarter (|) of Dearborn park that are now held by the Soldiers' Home in Chicago, or by the State of Illinois, and may take possession of and use the same for library purposes as provided in section 1 of this act. [§ 20, ch. 81. R. S. —23 354 INCORPORATION OF FREE PUBLIC LIBRARIES. AN ACT to encourage and promote the establishment of free public libraries in cities' villages and towns of this State. [Approved June 17, 1891. In force July 1. 1891. L. 1891, p. 164.] 1095. Trustees MAY form cobpoeation to establish.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That whenever property, real or personal, has heretofore been or shall hereafter be devised or bequeathed by last will and testament, or granted, conveyed or donated by deed or other instrument, to trustees, to be applied by them to the foundation and establishment in any of the cities, villages and towns of this State of a free public library, it shall be lawful, when not otherwise provided in said will or other instrument of gift, for the acting trustees in any such case, in order to promote the better establish- ment, maintenance and management of such library, to cause to be formed a corporation, under the provisions of this act, with the rights, powers and privileges hereinafter provided for. [§ 21, ch. 81, E. S. 1096. Corporation — how formed.] §2. Such acting trustees may make, sign and acknowledge before any oflBcer authorized to take acknowledgments of deeds in this State, and file in the office of the Secretary of State a statement in writing, in which shall be set forth the intent of such trustees to form a corporation under this act; a copy of the will or other instrument by which endowment of said library has been provided; the name adopted for the proposed cor- poration (which shall not be the name of any other corporation al- ready existing) ; the city, village or town in which the library and the principal place of business of the corporation will be located; the number of managers who may be denominated trustees, managers or directors of the corporation; and the names of the trustees, managers or directors who are to constitute the. original board of such officers, and who shall hold until their successors respectively are elected and qualified, as in this act provided. [§ 22, ch. 81, R. S. 1097. Peefeoting organization — coepoeate pueposes.] § 3. Upon the filing in his office of such a statement as aforesaid, the Secretary of State shall issue to the incorporators, under his hand and seal of State, a certificate, of which the aforesaid statement shall be a part, declaring that the organization of the corporation is per- fected. The incorporators shall thereupon cause such certificate to be recorded in a proper record book for the purpose in the office of the recorder of deeds in the county in which the said library is to be located; and thereupon the corporation shall be deemed fully organ- ized and may proceed to carry out its corporate purposes, and may receive by conveyance, from the trustees under said will, deed or other instrument of donation, the property provided by will or other- wise as aforesaid, for the endowment of said library, and. may hold the same in whatever form it may have been received or conveyed by said trustees until such form shall be changed by the action of the said corporation. [§ 23, ch. 81, R. S. 365 1098. Powers op corporation — who members — property — tax- ation. ] § 4. Organizations formed under this act shall be bodies corporate and politic to be known under the names stated in the re- spective certificates or articles of incorporation; and by such corpo- rate names they shall have and possess the ordinary rights and incidents of corporations, and shall be capable of taking, holding and disposing of real and personal estate for all purposes of their organi- zation. The provisions of any will, deed or other instrument by which endowment is given to said library and accepted by said trus- tees, managers or directors shall, as to such endowment, be a part of the organic and fundamental law of such corporation. The trustees, managers or directors of any such corporation shall compose its members, and shall not be less than seven nor more than 15 in number; shall elect the officers of the corporation from their number; and shall have control and management of its affairs and property; may accept donations, and in their discretion hold the same in the form in which they are given, for all purposes of science, literature and art germane to the object and purpose of said corpora- tion. They may fill by election, subject to the approval of the chief justice, for the time being, of the supreme court of Illinois, vacancies occurring in their own number by death, incapacity, retirement or otherwise, and may make lawful by-laws for the management of the corporation and of the library, which by-laws shall set forth what officers there shall be of the corporation, and shall define and pre- scribe their respective duties. They may appoint and employ from time to time such agents and employes as they may deem necessary for the efficient administration and conduct of the library and other affairs of the corporation. Whenever any trustee, manager or direc- tor shall be elected to fill any vacancy, a certificate under the seal of the corporation, giving the name of the person elected, shall be re- corded in the office of the recorder of deeds where the articles of in- corporation are recorded. Whenever, by the provisions of such will, deed or other instrument by which endowment is dreated, the institution endowed is declared to be and is free and public, the library and other property of such corporation shall be forever exempt from taxation. The trustees, managers or directors of such corporation shall, in the month of January in each year, cause to be made a report to the Governor of the State for the year ending on the 31st day of Decem- ber, preceding, of the condition of the library and of the funds and other property of the corporation showing the assest and investments of such corporation in detail. [§ 24, oh. 81, R. S. PUBLIC BUILDINGS. AN ACT to regulate the means of eereas from public buildings. [Approved March 28.1871. In force July 1, 1874. J 1099. Doors to open outward.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all public buildings now in process of construction or hereafter to be built or constructed, which may or shall be used for churches, 356 school houses, operas, theatres, lecture rooms, hotels, public meet- ings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed that all doors leading from the main hall or place where said collec- tion of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that said doors shall open out- ward; and that all means of egress for the public from the main hall or principal room, and from the building, shall be by means of doors which shall open outwards from the main hall or building, [§ ], ch. Ill, E, S. 1 1 00. Penalty.] § 2. That any person or persons who shall fail or refuse to comply with the provisions of this act shall be fined in any sum not less than $100 nor more than $1,000. [§ 2, ch. Ill, R.S. 1101. When public buildings mat be closed.] § 8. That in all cities and towns having a population of 2,000 inhabitants, and up- wards, the mayor, or other corporate authorities of said town or city, shall be empowered and he is hereby authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this act. [§ 3, ch. Ill, R. S. LEASING LANDINGS AND LEVEES. AN ACT to authorize Incorporated cities, towns or Tillages in this State, situated upon the banks of navigable rivers, to lease parts of their public landings or levees. [Approved March 31, 1874. In force July 1. 1874.] 1 1 02. When landings and levees may be leased.] § 1. Be it enacted by the People of the State of Illinois represented in the General Assembly : That whenever, in the opinion of the legislative authority of any incorporated city, or of the president and board of trustees of any incorporated town or village of this State, situate upon the banks of any navigable river, the lands acquired and owned by any such city, town or village for the purpose of a public landing or public levee are not immediately required for such purpose, then any such city, town or village may lease such parts of such landing or levee as may be thought best by the legislative authority of such city, or president and board of trustees of such town or village, for the purpose of erecting manufactories, warehouses or grain elevators thereon: Provided, no such lease shall extend beyond the period of 25 years from its execution. [§ 247, ch. 24, R. S. 1103. What lands — when lease may take effect — definition — KESTRiOTioN.] § 2. That the right of any such city, town or village to lease any part of the land in the foregoing section, shall embrace all such lands as may have been conveyed to the same: Provided, however, no such lease shall take effect or be in force until approved by an order, resolution or ordinance of the legislative authority of such city, or president and board of trustees of such town or village. The words "legislative authority," when used in this act, shall be held to include the common council. The pro- visions of this act shall not apply to cities having over 100,000 in- habitants. [§ 248, ch. 24, R. S. 357 HOUSES OP ILL FAME. ^^«tS^inaMnn''nA'h*i'fnli?.^°"?^ "' houses Of ill fame and the ofiScial Inspection or medical ltre!"firpr°oV'd'iSd'l*X^ITa'^l%\^^^^^^^ 1104. Licensing and medical inspection forbidden.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be unlawful for the corporate authorities of any city, town or village in this State to grant a license to any person, male or female, to keep what is known as a house of ill-fame or house of prostitution. And it shall be unlawful for any board of health (or any member or employ^ of the same) now exist- ing, or which may hereafter exist under the laws of this State, to in- terfere in the management of any house of ill-fame or house of prostitution, or to provide in any manner for the medical inspection or examination of any inmate of the same. [§ 245 ch. 24, R. S. 1105. Emeegency.J § 2. Whereas, the legislative authorities of certain cities in this State are about to license houses of ill-fame, therefore an emergency exists why this act should take effect imme- diately: therefore, this act shall take effect and be in force from and after its passage. [246 ch. 24, R. S. nuisances. 1106. Enumeration.] §221. It is a public nuisance: 1. To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others. 2. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in any water course, lake, pond, spring, well or common sewer, street or public highway. 3. To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others. 4. To obstruct or impede, without legal authority, the passage of any navigable river or waters. 5. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places. 6. To carry on the business of manufacturing gunpowder, nitro- glycerine, or other highly explosive substances, or mixing or grinding the materials therefor, in any building within 20 rods of any valuable building erected at the time such business may be commenced. 7. To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within 50 rods of any occupied dwelling house. 8. To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occa- sioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public. 358 9. To advertise wares or occupation by painting notices of the same on, or affixing them to fences or other private property, or on rocks or other natural objects, without the consent of the_ owner, or if in the highway or other public place, without permission of the proper authorities: Provided, that nothing in this section contained shall be construed to prevent the municipal authorities of any incor- porated city, town or village from declaring what shall be nuisances, and abating the same within their limits. [L. 1861, p. 270, § 1; § 221,ch. 38, R. S. 1107. Punishment.] §222. Whoever causes, erects or contin- ues any such nuisance shall, for the first offense, be fined not ex- ceeding $100, and for a subsequent offense shall be fined in a like amount, and confined in the county jail not exceeding three months. Every such nuisance, when a conviction therefor is had in a court of record, may, by order of the court before which the conviction is had, be abated by the sheriff or other proper officer, at the expense of the defendant, and it shall be no defense to any proceeding under this section, that the nuisance is erected or continued by virtue or per- mission of any law of this State. [L. 1861, p. 270, § 1; § 222, ch, 38, K. S. VAGABONDS. 1108. Vagabonds — what will constitute.] § 270. All per- sons who are idle and dissolute, and who go about begging; all persons who use any juggling or other unlawful games or plays; run- aways; pilferers; confidence men; common drunkards; common night-walkers; lewd, wanton and lascivious persons, in speech or be- havior; common railers and brawlers; persons who are habitually neglectful of their employment or their calling, and do not lawfully provide for themselves, or for the support of their families; and all persons who are idle or dissolute and who neglect all lawful business, and who habitually mis-spend their time by frequenting houses of ill-fame, gaming houses or tippling shops; all persons lodging in or found in the night time in out-houses, sheds, barns or unoccupied buildings or lodging in the open air, and not giving a good account of themselves; and all persons who are known to be thieves, burglars or pickpockets, either by their own confession or otherwise, or by having been convicted of larceny, burglary or other crime against the laws of the State, punishable by imprisonment in the State prison, or in a house of correction of any city, and having no lawful means of support, are habitually found prowling around any steam- boat landing, railroad depot, banking institution, broker's office, place of public amusement, auction room, store, shop or crowded thoroughfare, car or omnibus, or at any public gathering or assembly, or lounging about any court room, private dwelling houses or out- houses, or are found in any house of ill-fame, gambling house or tippling shop, shall be deemed to be and they are declared to be vagabonds. [As amended by act approved April 27, 1877. In force July 1, 1877; L. 1877, p. 87; § 270, ch. 38, R. S. 359 1109. How PUNISHED,] § 271. It shall be the duty of the sheriff, constable, city marshal and police officers of any county, town, village, city or other municipality in this State, to arrest upon view, or acting at the request of any person: Provided, such person shall have first made a written complaint and obtained a warrant from an officer authorized to issue one for th(B arrest of any such vagabond, to arrest and bring before the nearest justice of the peace or police justice, any such vagabond wherever he may be found, for the purpose of an examination; and the said sheriff, constable, city marshal, police officer or other officer, shall then and there make complaint against such vagabond; and the said justice of the peace or police justice shall, within 36 hours thereafter, proceed to try the person accused of being a vagabond; and if he pleads guilty, or if he be found guilty, the said justice of the peace, or police justice, may sentence the said vagabond to imprisonment at hard labor upon the streets or highways or in the jail, calaboose or other building used for penal purposes of the county, town, village, city or other municipality in which such vagabond was convicted, or to the house of correction of any city having a contract with such with such county for the care of pris- oners, for a term of not less than ten days and not exceeding six months in the discretion of the said justice of the peace or police justice; or the said justice of the peace or police justice may sentence the said vagabond to pay a fine of not less than $20, nor more than $100, and costs of suit; and in default of the immediate payment of said fine and costs so imposed, said vagabond shall thereupon be sentenced to imprisonment at hard labor in said jail, calaboose or other building used for penal purposes, or in said house of correction or on the streets or public highways, for a term of not less than five days, nor more than six months, by the said justice of the peace or police jus- tice. In all complaints under this act the complainant shall set forth the name of the offending person if he can obtain the same; the place and date of the offense, and shall also set forth such other facts as will, if substantiated by competent witnesses, establish the guilt of the prisoner. The justice may cause to be subpoenaed such witnesses as the defendant may request, and may be found within the jurisdiction of such officer issuing such writ of arrest, and the complaint shall be signed and sworn to by the complainant. In all oases under this act the justice shall make a full record of the case giving the date of the complaint, and of the offense, name of the de- fendant, if known, and character of the charge; the names of all witnesses examined and his findings, together with all other proceed- ings had in the case; and when he shall commit any vagabond to the jail, calaboose or other building used for penal purposes, as hereinbefore stated, or to the house of correction of any city, he shall make out a mittimus and sign the same, directing the same in the name of the People of the State of Illinois, to the sheriff of the county, or to the superintendent of the house of correction of the city or to any officer having charge of any such jail, calaboose or building used for penal purposes as aforesaid, as the case may be, which said mittimus must show the date of the charge, name of the 360 complainant, name of the defendant if known, the offense charged, names of all witnesses examined, date and place of trial, the finding of the court, and the sentence imposed; and it shall command the said sheriff or the said superintendent of the house of correction or any other such officer as aforesaid as the case may be, to receive and to keep the body of the said defendant, as said mittimus may provide until the expiration of the time specified in the sentence, or until he be discharged by due process of law, which said mittimus shall be sufficient warrant to the said sheriff or to the said superintendent of the house of correction, or other officer as the case may be, to hold the body of the said defendant, as by the terms of sentence as in such mittimus commanded: Provided, that nothing herein shall be construed to prohibit the officer in charge of any such jail, calaboose, house of correction or other building used for penal purposes, from compelling such prisoner to work at reasonable labor for the benefit of any such county, town, village, city or other municipality wherein said prisoner may have been convicted. [As amended by act ap- proved April 27, 1877. In force July 1, 1887. L. 1877, p. 87: § 270, ch. 38, R. S. CITIES, TOWNS AND VILLAGES EXCLUDED PROM ROAD DISTRICTS. AN ACT to provide for the oreranization of road districts, the election and daties of ofBcers therein, and in regard to roads and bridges in counties not under towhship organiza- tion, and to repeal an act and parts of acts therein named. [Approved May 4, 1887, in force July 1, 1887. L. 1887, p. 266.] 1110. Cities, villages and towns excluded prom road dis- trict — PROVISO.] § 117, That' hereafter all incorporated cities, towns and villages shall be excluded from all road districts now formed or to be formed in counties not under township organization in this State: Provided, however, that such incorporated cities, towns and villages, in counties not under township organization, may by ordinance elect to be included in such districts. Upon the filing with the county clerk of such county a copy of such ordinance, it shall be the duty of the county board of commissioners, at their first session thereafter, to create such city, town or village into a road dis- trict, or to make it a part of some road district already formed, [Added by act approved and in force April 24, 1899. L. 1899, p. 337; § 248, ch. 121, R. S. sidewalks in unincorporated towns. AN ACT authorizing the highway commissioners of a township to construct sidewalks in unincorporated villages. (Approved June 21, 1895, in force July 1, 1895. L. 1895, p. lOO.J 1111. Sidewalks in unincorporated villages.] § 1, Be it en- acted by the People of the State of Illinois, represented in the General Assembly: That highway commissioners are authorized to build sidewalks in nnincorporated villages out of any delinquent road tax belonging to the road district in which such village is located. [§ 273, ch. 121, R. S. 361 TOLL ROADS WITHIN MUNICIPALITIES. AN ACT to revise the law in relation to toll roads. [Approved Marcii 25, 1874. in force July 1, 1874. 1112. Location— When consent required.] § 4. No such road shall be located on any public road or highway outside the cor- porate limits of a city, town or village without the consent of the county board of the county, and consent of the commissioners of highways of the town in which such highway is situated, nor upon any street, alley or other highway or public ground within any in- corporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein re- quired must be in writing, and shall be recorded in the recorder's office of the county. [L. 1859, p. 156; § 4, ch. 138, R. S. VACATION OP STREETS. ALLEYS AND HIGHWAYS. AN ACT to revise the law in relation to the vacation of streets and alleys. (Approved March 24. KU. in force July 1, 1874.1 1113. Three-fourths vote required — damages.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That no city council of any city, or board of trustees of any village or town, whether incorporated hj special act or under any general law, shall have power to vacate or close any street or alley, or any portion of the same, except upon a three-fourths majority of all the aldermen of the city or trustees of the village or town authorized by law to be elected; such vote to be taken by ayes and noes, and entered on the records of the council or board. And when property is damaged by the vacation or closing of any street or alley, the same shall be ascertained and paid as provided by law. [§ 1, ch. 145, R. S. 1114. Rights of adjoining owners.] § 2. When any street, alley, lane, highway, or any part thereof, has been or shall be va- cated under or by virtue of any act of this State or by order of the city council of any city or trustees of any village or town, or by the commissioners of highways, county board, or other authority author- ized to vacate the same, the lot or tract of land immediately adjoin- ing on either side shall extead to the central line of such street, alley, lane or highway or part thereof so vacated, unless otherwise specially provided in the act, ordinance or order vacating the same, unless, in consequence of more of the land for such street, alley, lane or high- way having been contributed from the land on one side thereof than the other, such division is inequitable, in which case the street, alley, lane or highway so vacated shall be divided according to the equities of the adjoining owners. [§ 2, ch. 145, R. S. POLES AND wires WITHIN MUNICIPAL LIMITS. AN ACT to permit the use of public highways, streets and alleys and private roads leading to sucli highways, streets and alleys outside of incorporated cities, villages and towns, for the purpose of coustructing. operating and tnaintaining private lines of telegraph or telephone, and to prescribe penalties for the injury or obstruction of such lines. [Ap- proved June 18,1883, in force July 1.1883. L. 1883, p. 173] 1115. Persons living on streets, etc., may construct tele- graph AND telephone LIKES, ETC.] SECTION 1. Beit enacted by the People of the State of Illinois, represented in the General As- 362 semhly : That it shall be lawful for any person or persons living on the line of any public highway, street or alley outside of any incor- porated city, village or town in this State, or on any private road leading to such highway, street or alley, to construct, operate and maintain a line or lines of telegraph or telephone, extending from house to house, as the parties interested in the construction of such lines may desire. [§ 11, ch. 134, R. S. 1116. Poles in streets.] § 2. For the purpose of construct- ing and maintaining such lines of telegraph or telephone, the parties in interest may set the necessary poles or posts on which to place the wires and insulators of such lines, in any of the public streets, high- ways or alleys or in any private road leading to such highways, streets, or alleys outside of the incorporated cities, villages or towns in this State along which such lines may pass: Provided, suoh poles or posts shall be placed along the boundaries of such highways, streets, or alleys, at such distances therefrom as the authorities hav- ing control thereof may direct. And provided further, that the wires necessary for such lines shall not be less than 15 feet above the ground along such boundaries, and not less than 20 feet at any public or private crossing, and shall be so placed as not in any manner to interfere with such crossing. [§ 12, ch. 134, R. S. 1117. Penalty foe injuring.] § 3. Any person who shall un- lawfully and intentionally injure, molest, or destroy any of said lines or the material or property belonging thereto, or shall in any manner interfere with the proper working of such lines, shall on conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceeding $100; said fine to be recoverable in any court hav- ing jurisdiction of the same: Provided, that prosecution under the foregoing provision of this section shall not in any manner prevent a recovery by the person or persons entitled thereto, of the amount of damages done to such lines. [§ 13, ch. 134, R. S. AN ACT to revise the law in relation to telegraph companies. [Approved March 24, 1874. In force July 1,1874.1 1118. Consent necessary to erect poles, etc., on roads, streets, etc. — record —alteration. ] § 4. No such company shall have the right to erect any poles, posts, piers, abutments, wires or other fixtures of their lines along or upon any road, highway, or public ground, outside the corporate limits of a city, town or village, without the consent of the county board of the county in which such road, highway, or public ground is situated, nor upon any street, alley, or other highway or public ground, within any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein required must be in writing, and shall be recorded in the recorder's office of the county. And such county board, or the city council, or board of trustees of such city, town or village, as the case may be, shall have power to direct any alteration in the location or erection of any such poles, posts, piers or abutments, and also in the height of the wires, having first given the company or its agent opportunity to be heard in regard to such alteration. [§ 4, ch. 134, R. S. 363 USE OF STREETS. ETC., BY ELEVATED RAILROADS. AN ACT In regard to the use of streeta and alleys in incorporated cities and villages by elevated railroads and elevated ways and conveyors. [Approved June 18.1883. In force July 1,1883. L. 1883, p. 126.] 1119. Petition of land owners.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person or persons, corporation or corporations, shall con- struct or maintain any elevated railroad or any elevated way or con- veyor to be operated by steam power, or animal power or any other motive power, along any street or alley in any incorporated city or village, except by the permission of the city council or board of trus- tees of such city or village, granted upon a petition of the owners of the lands representing more than one-half of the frontage of the street or alley, or of so much thereof as is sought to be used for such elevated railroad or elevated way or conveyor; and the city council, or board of trustees, shall have no power to grant permission to use any street or alley, or part thereof, for any of the purposes aforesaid, except upon such petition of land owners as is herein provided for. fS 73, ch. 32, R. S. 1120. When street more than one mile.] § 2. When the street or alley, or part thereof, sought to be used for any of the pur- poses aforesaid, shall be more than one mile in extent, no petition of land owners shall be valid for the purposes of this act, unless the same shall be signed by the owners of the land representing more than one- half of the frontage of each mile and fractional part of a mile, of such street or alley or of the part thereof sought to be used for any of the purposes aforesaid. [§ 74, ch. 32, R. S. 1121. Repeal.] § 3. All acts and parts of acts inconsistent herewith are hereby repealed. [§ 75, ch. 32, R. S. street railroads. an act entitled "An act in regard to street railroads," and to repeal certain acts herein referred to. [Approred and in force March 7.1899. L. 1899, p. 331.J 1122. Eminent DOMAIN.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That any com- pany which has been or shall be incorporated under the general laws of this State, for the purpose of constructing, maintaining or opera- ting any horse, dummy or street railroad or tramway, may enter upon and appropriate any property necessary for the construction, main- tainance and operation of its road, and all necessary siding, side tracks and appurtenances and may, subject to the provisions con- tained in this act, locate and construct its road upon and over any street, alley, road or highway, or across or over any waters in this State, in such manner as not to unnecessarily obstruct the public use of such street, alley, road or highway, or interrupt the navigation of such waters: Provided, every such street railway may be operated by animal, cable, electric or any other motive power that may have- been or shall hearafter be granted to it by the proper public officers or authorities, except steam locomotive engines. [§ 1, ch. 131a, R. S. 1123. Compensation foe property taken or damaged. J When it is necessary for the construction, maintenance or operation of such 364 road, or the necessary sidings, side tracks or appurtenances, to take or damage private property, the same may be done, and the compen- sation therefor may be ascertained and made in the manner which may be then provided by law for the exercise of the right of eminent domain. [§ 2, ch. iSla, K. S. 1 1 24-. Location of egad — consent — notice— damages.] § 3. No such company shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in any incorporated city, town or village, without the consent of the corpo- rate authorities of such citiy, town or village nor upon or along any road or highway, or upon any public ground without any incorpora- ted city, town or village, except upon the consent of the county board. Such consent may be granted for any period, not longer than 20 years, on the petition of the company, upon such terms and condi- tions, not inconsistent with the provisions of this act, as such corpo- rate authorities or county board, as the case may be, shall deem for the best interests of the public: Provided, no such consent shall be granted unless at least ten days' public notice of the time and place of presenting such petition shall have first been given by publication in some newspaper published in the city or county where such road is to be constructed, and except upon the condition that the company will pay all damages to owners of property abutting upon the street, alley, road, highway or public ground upon or over which such road is to be constructed, which they may sustain by reason of the loca- tion or construction of the road; the same to be ascertained and paid in the manner provided by law for the exercise of the right of emi- nent domain. [§ 3, ch. 131a, R. S. 1125. OONTKOL op streets reserved — POLICE POWER. J § 4. Every grant to any such company of a right to use any street, alley, road, highway or public ground shall be subject to the right of the proper authorities to control the use, improvement and repair of such street, alley, road, highway or public ground, to the same extent as if no such grant had been made, and to make all necessary police reg- ulations concerning the management and operation of such railroad, whether such right is reserved in the grant or not. f § 4, ch. 131a, R. S. 1 1 26. Repeal.] § 5. That an act entitled, "An act in regard to horse and dummy railroads," approved March 19th, 1874, and in force July 1, 1874; an act entitled, "An act to amend the title and sections one (1) and three (3) of an act entitled, 'An Act in regard to horse and dummy railroads,' " approved June 9, 1897, and in force July 1st, 1897, and all acts or parts of acts inconsistent herewith are hereby repealed. [§ 5, ch. 131a, R. S. 1127. Emergency.] §6. W hereas, the public interests require that this act take effect immediately, therefore an emergency exists, and this act shall take effect and be in force from and after its pass- age. [§ 6, ch. 131a, R. S. 1128. Location op street rialroads— consent,] Nothing in this act [the act concerning corporations] shall be construed to 365 allow the construction or operation of any street railroad in any city, town or incorporated village without the consent of the local author- ities thereof. [An act concerning corporations, approved April 18, 1872, in force July 1, 1872, L. 1871-2, p. 296; § 28, ch. 32, R. S. RAILWAY TRAINS— SPEED LIMITED WITHIN MUNICIPALITIES. AN ACT in regard to fencing and operating railroads. [Approved March 31, 1874, in force July 1, 1874.J 1129. Speed through cities, etc. — damages.] §24. When- ever any railroad corporation shall by itself or agents, run any train, locomotive engine, or car, at a greater rate of speed in or through the incorporated limits of any city, town or village, than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the person aggrieved for all damages done the person or property by such train, locomotive engine or car; and the same shall be presumed to have been done by the negligence of said corporation of their agents ; and in addition to such penalties as may be provided by such city, town or village, the person aggrieved by the violation of any of the provisions of this section, shall have an action against such corporation so violating any of the provisions to recover a penalty of not less than one hundred dollars ($100) , nor more than two hundred dollars ($200), to be recovered in any court of competent jurisdic- tion ; said action to be an action of debt, in the name of the People of the State of Illinois, for the use of the person aggrieved; but the court or jury trying the case may reduce said penalty to any sum, not less, however, than fifty dollars ($50) , where the offense commit- mitted by such violation may appear not to be malicious or willful: Provided, that no such ordinance shall limit the rate of speed, in case of passenger trains to less than ten miles per hour, nor in any other case to less than six miles per hour. [As amended by act ap- proved May 22, 1877, in force July 1, 1887. L. 1867, p. 165; § 87, ch. 114, R. S. township organization as applied to municipalities. AN ACT to revise the law in relation to township organization. Approved and in force March 1, 1874. 1130. Exception as to cities and villages.] §4. In towns in which there are incorporated cities or villages, the boundaries of which are co-extensive with the limits of the town, or the town lies wholly within the limits of an incorporated city or village, the electors shall not exercise the several powers contained in subdivisions of section 3 of this article, namely: 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13; but all moneys necessary to be raised in such towns for town expenses shall be ascertained by the county board, and the county clerk shall extend the amount so ascertained upon the collector's books of such towns, and when collected, the same amount shall be paid over to to the town supervisors the same as in other towns, and the powers and provisions of all cities and villages under their organic law shall not be repealed by any of the provisions of this article. [§ 41, ch. 139, R. S. 366 CITY MAY BE ORGANIZED AS TOWNSHIP. AN ACT to authorize county boards in counties under townsliip organization to organize certain territory situated therein as a town. (Approved May 23, ,1877. Inlforce July 1, 1877. L. 1877, p. 212, ] 1131. Tbrkitort of city organized AS TOWN. J § 1, Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county board, in any county under township organization, may provide that the territory embraced within any city in such county shall be organized as a town: Pro- vided, such territory shall have a population of not less than 3,000, And, provided, the city council in such city shall by resolution re- quest such action by the county board. [§ 136, ch, 139, R. S. 1132. Town in city. J § 2. The territory of any city now or- ganized, within the limits of any county under township organization, -and not situated within any town, shall be deemed to be a town. [§ 137, ch. 139, R. S. 1 1 33. Election of officers.] § 3, All town oflBcers within any town organized as aforesaid shall be elected at the annual charter election of such city. All general elections held in such city and town, shall be held at the same voting places as the city elections, with judges and clerks appointed in like manner as for the city elec- tions. [§ 138, ch. 139, R. S. 1134. Powers exercised by council.] §4. The powers vested in such town shall be exercised by the city council, [8 139, ch. 139, R. S. 1135. What city council may provide.] §5, The city coun- cil in such city and town, may by ordinance, provide that the oflScers of city and town clerk shall be united in the same person; that the officers of treasurer and town collector shall be united in the same person; that the election of highway commissioners shall be discon- tinued, and that the offices of supervisor and poormaster, shall be separated, and the poormaster appointed by the city council. [As amended by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 174; §140, ch, 139, R. S. 1136. May regulate the number of justices.] §6. The city council in such city and town may from time to time regulate the number of justices of the peace, police magistrates and constables to be elected within such city and town; but the number elected to «ither of such offices shall not exceed the number allowed by law to other towns of like population. [§ 141, ch. 139, R. S. 1137. Vacancies.] §7, Vacancies in any of the town offices within such city and town may be filled by the city council, [^ 142, ch. 139, R. S. townships wholly within cities. AN act concernine townships lying wholly within cities of more than 60,000 population. [Approved and in force May 11, 1901. L. 1901, p. 314.] 1138. Powers vested in such townships to be exercised by city council.] § 1. Be it enacted by the People of the State of Il- linois, represented in the General Assembly: That in all townships 367 lying wholly within any city of more than 50,000 population, all the powers vested in such townships shall be exercised by the city coun- cil of such city, including all the powers vested in the town meetings and the boards of auditors of such townships. [§ 643, ch. 24, R. 8. 1139. Ofpioees of suoh township.] § 2. The city clerk of such city shall be ex officio town clerk and township assessor of each of such townships, and the treasurer of the county in which such city lies shall be ex officio collector and supervisor of each of such town- ships; but such oflBcers shall not be required to give any additional bond on account of holding such township oflBces, but they shall be liable on their oflScial bonds for their acts as township officers in the same manner and to the same extent as if such bonds had been given as such township officers. [§ 644, ch. 24, R. S. 1140. Office of highway oommissionees abolished.] § 3- The offices of highway commissioners are hereby abolished in such townships. [§ 645, ch, 24, R. S. 1141. This act applies to new or additional townships.] § 4. Whenever, subsequently to the taking effect of this act, by the an- nexation of new territory or otherwise, any new or additional town- ship comes to lie wholly within the boundaries of any city to which this act applies, all the provisions of this act shall at once apply to such township. [§ 646, ch. 24, R. S. 1142. City clerks and county tebasueees who become ex officio township officers not to maintain other OPFIOESjETC] § 5. City clerks and county treasurers who become ex officio township officers under the provisions of this act, shall not maintain any other or different public offices as such township officers, than those pro- vided and maintained for them as such city clerk and county treas- urer. [§ 647, ch. 24, R. S. 1143. Adoption.] § 6. The electors of such townships may adopt and become entitled to the benefit of this act in the following manner: Whenever one thousand (1,000) of the legal voters of such townships, voting at the last preceding election, shall petition the judge of the county court of the county in which such townships are located, to submit to a vote of the electors of such townships the proposition as to whether such townships and the electors thereof shall adopt and become entitled to the benefits of this act, it shall be the duty of such county court to submit suoh proposition accord- ingly at the next succeeding general State, county, city or township election, and if such proposition is not adopted at such election the same shall in like manner be submitted to a vote of the electors of such townships by such county court upon like application at any general State, county, city or township election thereafter, and an order shall be entered of record in such county court submitting such proposition as aforesaid. [§ 648, ch. 24, R. S. 1 1 44. Notice of election— submission of act to vote— proc- lamation.] § 7. The judge of such county court shall give at least ten (10) days' notice of election at which such proposition is to be submitted, by publishing such notice in one or more newspapers 368 published within such city, for at least five (5) times, the first pub- lication to be at least ten (10) days before the day of election. Such election shall be held under the election law in force in such city, except as herein otherwise provided. The proposition so to be voted for shall appear in plain, prominent type at the head of every ticket and preceding the names of any persons to be voted upon for any oflBce at such election. If a majority of the votes cast upon such proposition shall be for such proposition, this act shall thereby be adopted by such townships, and the mayor of such city shall there- upon issue a proclamation declaring this act in force in such town- ships. [§ 649, ch. 24, R. S. 1145. Emeegenot.J § 8. Whereas, an emergency exists for the immediate taking effect of this act, therefore it shall be in force from and after its passage. [§ 650, ch. 24, E. S. REPORTS OP BIRTHS AND DEATHS AND REGULATION OP INTERMENTS. AN ACT requiring reports of births and deaths and the recording of same; regulating the interment or other disposal of dead bodies, and prescribing a penalty for non-compliance with the provisions hereof. [Approved May 11, 1901, in force January 1, 1902. L. 1901, p. 301.] 1146. DdTT OF PHYSICIANS, ETC., TO REPORT BIRTHS — POEM OF REPORT.] §1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: It shall be the duty of every physician and midwife, in the State of Illinois, who attends the birth of a child, to report said birth within 30 days after its occurrence, to the county clerk of the county in which the birth takes place. Such reports shall be made on blank forms to be prescribed and issued by the State Board of Health, and shall contain such information as may be directed by said board in resolutions, copies of which shall be printed on the reverse of the blank forms aforesaid. When no physician or midwife has been in attendance, then it shall be the duty of the parent, or in case of the disability of the parent, of the householder to make said report within the time and in the manner aforesaid, [§ 19, ch. 126a, R. S. 1147. Payment FOR REPORTING BIRTHS.] §2, Every physician, midwife, parent or householder, who shall comply with the foregoing provisions shall receive for each report of birth made in the manner directed by the State Board of Health, the sum of 25 cents. At the close of each quarter of the calendar year the county clerk shall cer- tify to the county treasurer a list giving the number of births re- ported to him, and the names and addresses of the persons reporting the same, and payment therefor shall be made by the said county treasurer to the persons named in said list: Provided, that no dupli- cate report shall be paid for. [§ 20, ch, 126a, R. S. 1 148. Permit to inter, etc. — what to contain.] § 3. No per- son shall inter, cremate, deposit in a vault or otherwise dispose of any human body, until he has received a permit so to do, as herein- after provided, which permit shall bear date when issued, shall state the name of the deceased, the date and cause of death, the manner in 369 which the body will be disposed of and the place of such disposal, the name of the person to whom the permit is issued, and the name of the attending physician, midwife or coroner, and shall be signed by the official by whom it is issued. [§ 21, eh. 126a, R. S. 1149. Who SHALL ISSUE PERMITS.] §4. The following persons shall issue permits for interment, cremation or other disposal of bodies of such persons as die within their respective jurisdictions, viz: County clerks in counties not under township organization; town clerks in counties under township organization, and the clerks of incorporated cities and villages: Provided, that in any county not under township organization, the board of county commissioners is hereby authorized to divide the county into districts, not exceed- ing six in number, and to appoint in each district an agent of said boatd of county commissioners who shall be empowered to issue such permits : Provided further, that the duties berein devolved upon city and village clerks may he performed, instead, by the clerk, sec- retary or registrar of a legally appointed city or village board of health: And, provided further, that neither county nor town clerks nor the district agents aforesaid, shall issue permits in cases of death which occur within the jurisdiction of incorporated cities or villages. [§ 22, ch. 126a, E. S. 1 150. No PERMIT TO ISSUE UNTIL CERTIFICATE OF DEATH.] § 5.^ No such permit shall be issued until there shall have been delivered to the proper official, as above designated, a certificate of death made in the manner directed, and on the blank form prescribed by the State Board of Health, by a legally qualified physician or midwife, or by the coroner of the county in which such death occurred.] § 28, ch. 126a, R. S. 1151. Certificate of death — what to contain ] § 6. It shall be the duty of the physician or midwife last in attendance upon the deceased, if any there was, to sign the certificate hereinbefore re- quired, stating the primary and secondary cause of death, according to the best information obtainable, and giving such correlative facts as may be required by the State Board of Health in resolutions, copies of which shall be printed on the reverse of said certificates. If there was no attending physician or midwife, or if the certificate of the attending physician or midwife can not be obtained within 48 hours after death has occurred, the required certificate may be made by any legally qualified physician employed for the purpose.] § 24, ch. 126a, R. S. 1152. Where death under coroner's supervision — burial without permit.] § 7. Any death coming under the supervision or direction of the coroner shall be by him reported to the district agent, the clerk of the county, township, village or city, in which the death occurred, or to the local board of health of such city or village, as the case may be, in the manner directed and on the blank forms prescribed by the State Board of Health, and it shall be the duty of the coroner to disinter any body buried without the permit hereinbe- fore required, and to hold an inquest on said body, and within three days thereafter to report said death in the manner aforesaid to the proper official. [§ 25, ch. 126a, R. S. —24. 370 1153. District agent, etc., to fobwabd oeetifioates to COUNTY CLEEK.] § 8. It shall be the duty of all district agents, township, city or village clerks, and clerks, secretaries or registrars of city or village boards of health to forward at the end of each month to the county clerk of the county in which such district, town- ship, city or village is located, all certificates of death presented to them during the preceding 30 days. [§ 26, ch. 126a, R. S. 1 1 54. Fee foe forwarding ceetipicates — county cleek to GEETiFY.] § 9. Every clerk of a township, city or village, or of a city or village board of health, every district agent and every clerk, secretary or registrar of a city or village board of health shall receive for each certificate of death forwarded to the county clerk, upon which a permit has been issued in compliance with the provisions of the foregoing sections of this act, a fee of 2.^ cents: Provided, that the city clerk or the clerk, secretary or registrar of the board of health of any city of 15,000 or more inhabitants, shall receive no compensation other than his salary for any of the duties devolved upon him by any of the provisions of this act. At the close of each quarter of the calendar year, the county clerk shall certify to the county treasurer a list giving the number of certificates of death for- warded to him, and the names and addresses of the oflicials so for- warding and payment therefor shall be made by the county treas- urer to the officials named in said list. [§ 27, ch. 126a, R. S. 1 1 55. County oleek to keep eeooed — eepoet to state boaed,] § 10. The county clerk of each county shall record in the manner directed by the State Board of Health, all certificates of births and deaths delivered to him pursuant to law, and shall file such certifi- cates in his office. The record of such certificates shall at all times be open to the inspection of the public without fee. Each county clerk shall also, during the first ten days of January, April, July and October of each year, render to the State Board of Health, in the manner directed by said board, a full and complete report of all births and deaths reported to him during the preceding quarter. [§ 28, ch. 126a, R. S, 1156. State boaed to peepaee feom oertificats — when LOCAL boaed MAY. ] §11. The State Board of Health shall prepare such forms for certificates of births and deaths as it may deem proper, and shall deliver said forms to the county clerks of the several counties, whose duty it shall be to furnish such forms to physicians, midwives and coroners: Provided, that in cities and villages the local board of health or the city or village clerk, as the case may be, may prepare forms for certificates of death in form similar to those issued by the State Board of Health, and furnish the same to physicians and midwives. f § 29, ch. 126a, R. S. 1157. Penalty.] § 12. Any person or persons who shall vio- late any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $10 nor more than $100, or shall be imprisoned in the county jail not to exceed 30 days, or shall suffer both such fine and impris- onment in the discretion of the court, [§ 30, ch. 126a, R. S, 371 1158. Fines — duty op state's attorney to pkoseoute] §13. All fines collected under the provisions of this act shall be paid into the county treasury of the county in which the suit is brought, to be used for county purposes, and it shall be the duty of the State's At- torney in the respective counties to prosecute all persons violating or refusing to obey the provisions of this act. [§ 31, ch. 126a, R. 8. 1159. Repeal.] § 14. All that part of sections 4, 5 and 6 of an act entitled, An act to create and establish a State Board of Health in the State of Illinois, approved May 28, 1877, relating to reports of births and deaths, and all acts or parts of acts in conflict with the provisions of this act are hereby repealed. [§ 32, ch. 126 a, R. S. 1160. When INFOKOE.] § 15. This act shall be in force on and after the first day of January, 1902. [§ 33, ch. 126a, R. S. 372 INDEX. A ACCIDENTS: Fa8b In expenditures provided against, 98 37 ABSENCE: Of judges or clerks from polls— penalty, 428 142 ABSENTEES: Maybe compelled to attend council meetings. 43 19 ABSTRACTS OF VOTES :1 How made, 445 150 ADJOURNMENTS: Of city courts. 294 9B ADJUTANT GENERAL: Duty in case of riots and mobs, 993 308 ADOPTION OP CITY ELECTION LAW: Effect of. 367 114 How accomplished, 363 109 Order of county court, 362 113 Stealing or mutilating returns— penalty , 364 113 Village or town may adopt. 366 114 ADOPTION OP CIVIL SERVICE ACT: Petition, election, etc., 346 106 ADVERTISEMENTS: Posters and handbills controlled by council, 17th 26 When a nuisance, 1106 358 AFFIDAVITS: In action for violation of ordinance. 76 32 To be returned to election commissioners. 424 141 AFFRAYS: Prevention and suppression of, 72d 29 AGRICULTURAL SOCIETIES: Property exempt from taxation. 3 8 ALDERMEN: Convicted of bribery forfeits 'office, 42 19 Election by minority plan, 238 80 Expulsion of by two-thirds vote of council. 42 19 Number proportionate to population, 37 18 Qualifications of , 40 19 Shall be classified at first meeting of council. 59 21 Shall be elected annually, 58 21 Shall be elected by minority plan, three from each ward, 61 22 Shall hold office for term of two years, 38 19 Their compensation may be fixed by ordinance, 93 36 373 Index — Continued. ALIENS: p^OB Not to be employed on work of sanitary channel, 727 246 ALLEYS: BstabHshment and maintenance of, 7th 2t Not to be vacated by special iaws, 22 7 Shall be shown in plat, 221 !..!!'.'.!.".!!'.!!.'.!!!! 76 AMUSEMENTS: Daneerous, reeulation of by council, 92d 30 License and reffulation of by council, 41st .27 Places of, regulated and controlled by council, 68th 28 ANCHORAGE: Controlled by council, 34th 26 ANIMALS: Carcass of, when a nuisance, 1st 367 Prohibition of cruelty to— punishment, 73d 29 Societies for prevention of cruelty to, 996 327 ANNEXATION OF CITIES, TOWNS AND VILLAGES: Act relating to 63 Division of public property when part of city is annexed, 193 67 Construction of sewers not to be interfered with, 205 73 Creation of new wards, 205 72 Not to interfere with pending street improvements, 195 69 Not to interfere with tax levy, 191 67 Not to stay proceedings to take land for public purposes, 196 69 Objections to be heard, 163 56 Of anti-license territory, 203 71 Of municipality after tax levy is made, 194 68 Of one municipality to another. 160 54 Of part of one municipality to another, 187 64 Of part of a city to a town. 206 73 Of territory by petition of owners, 165 56 Of territory by petition to circuit court, 161 55 Of territory to municipality. 159 54 Ordinance and map to be filed with county recorder, 167 57 Proceedings for division of property, 198 70 Provision concerning continuation of officers, 200 70 Provision concerning water works, 197 69 Suits, prosecuted and defended in name of city, 192 67 Transfer of books, documents, etc.. provided for, 199 70 Transfer of firemen, policemen, etc., 202 71 ANNUAL ELECTION: Time of holding, 66 21 ANNUAL REPORT OF TREASURER: Contents, publication, etc.. 105 39 APPEAL: Prom city courts to appellate and Supreme courts, 300 96 In local improvement proceedings, 607 204 To city courts, justices and police magistrates. 295 96 To Supreme Court in local improvement proceedings 226 APPEAL BOND: Not to be required of municipality, 133 46 APPOINTMENTS: Alderman or trustee to other office prohibited, 243 82 And removal of judges and clerks of election, 378 117 Attorneys, clerks, etc.. by board of improvement, 658 222 By mayor of certain ofSees, 82 33 Canvassers by election commissioners, 390 lil Civil service commissioners by mayor, 308 98 Commissioners of public works, etc., 577 193 Prom classified civil service list, 310 98 Of certain village officers, 144 49 Of election commissioners by county court, 368............... 114 Of jud ges and clerks of election under city election law, 376 116 Of master in chancery for city court, 292 96 Of police matrons, 259 ; 86 Reports to be made to civil service commission, 321 101 To classified civil service, 317 100 374 Index — Continued. APPORTIONMENT OF ASSESSMENTS: paoe When paid by installments, 686 233 APPROPRIATIONS: Annual ordinance for. 97 37 For carrying out civil service act. 326 103 For corporate purposes to be made by council. 2d 24 For sectarian purposes prohibited, 3 7 Must coverall expenditures, 98 37 Ordinances for consolidated municipalities. 190 66 Separate accounts for each required to be kept, 101 38 Veto of separate items, 63 20 APPROVAL OP ORDINANCES: By mayor, 53 20 ARCHITECTS: Duty as to lodging houses, 1.018 332 ARRESTS: Magistrate may make. 915 305 Hay be made without warrant, 914 301 May be made, when, 916 305 ART COMMISSIONS: Act authorizing creation of 339 Compensation— rules— quorum, 1048 339 Creation of, by ordinance, 1045 : 339 Duties of— approval of purchases, etc., 1050 340 Failure to render decision 1051 341 Offices to be provided for, 1049 340 Removal or re-location of works of art, 1052 341 Term of members— vacancy, 1047 339 Who shall constitute, 1046 339 ARTESIAN WELLS: May be bored by council. 126 46 ASHES AND GARBAGE: Disposal of regulated by council, 63d 28 Provision concerning, 15th 25 ASSESSMENT ROLL: Certifloation of . 636 214 Contents of. 616 207 Piling and revision of . 608 204 Review of by court, 622 210 ASSESSMENTS: Act concerning, for local improvements 193 Abating excess for local improvements, 659 222 Against delinquents for local improvements, 635 213 Certifying roll by clerk of court. 636 214 Collection of. for local improvements, 636 214 Collectors' notice of, 638 216 For local improvements, how made, 611 206 For local improvements changed by court, 627 212 For local improvement, interest on, 617 209 New when record is destroyed, 555 186 Order for by superintendent of assessments, 613 206 Payable in improvement bonds and vouchers, 664 226 Political, prohibited, 329, 330 104 Rebate of when property has been destroyed. 667 186 Vacation of in local improvement proceedings. 530 182 See Taxation, Revenue. ATTORNEY GENERAL: Duty as to sanitary channel, 737 250 May prosecute violations of civil service act, 344 106 AUCTIONEERS: Licensing of by council, 91st 30 375 Index — Continued. Page AUDITOR OF PUBLIC ACCOUNTS: Duty as to refunding; surplus funds, 627 179 Duty as to sinking funds for municipalities, 625 178 Duty oonoernlna bonds of consolidated municipalities, 189 65 Duty concerning division of towns, 186 60 May prescribe form of certain municipal bonds, 489 164 Kef undine surplus funds, 530 ISO Refusal of to draw warrant, 633 181 Required to certify tax rate for payment of bonds, 493 166 Required to make certain endorsements on bonds, 490 165 Required to register certain bonds, 492 166 Shall make entry of payment of registered bonds, 497 168 AVENUES: Establishment and maintenance, 7th 24 B BALLOT BOX: Delivery of to election commissioners, 443 149 Locking and seaiine after completion of canvass, 442 149 Penalty for injury to on election day, 468 168 To be furnished by election commissioners, 372 U6 To be kept in public view, 429 143 To be received and opened by election commissioners, 444 IBO BALLOTS: Cast must agree in number with names on poll list, 436 146 Form of for adoption of organization under general law, 3 10 Form of for propositions submitted. 352 108 Form of in election for re-organization as village, 135 47 Form of in voting for city election law, 355 110 For propositions— how canvassed, 438 147 Penalty for changing or substituting, 463 156 Penalty for destruction of, 468 168 Penalty for placing in box before opening of polls, 467 155 Shall be strung as soon as tallied, 437 147 When to be used in canvass by county judge, 362 113 BALL PLAYING: Prevention and regulation of by council, 92d 30 BANNERS: Carried on streets within control of council, 18th 26 BAWDY HOUSES: Not to be licensed or officially inspected, 1104 367 Suppression of by council, 45th 27 BEQUESTS: Deeds and gifts to firemen's pension fund, 986 324 Deeds and gifts to public hospitals, 1016 332 BILLIARD TABLES: Licensed and taxed by council, 44th 27 BIRTHS AND DEATHS: Act requiring reports of 368 Burial permits required, 1148 368 Certificate of death— form, etc., 1151 369 Coroner's duties in certain cases, 1152 — 369 County clerk to keep record- report to State board, 1165 370 Death certificate must precede burial permit, 1160 369 Duty of physician-form of reports, 1146 368 Pees for forwarding certificates- duties of county clerk. 1154 370 Fines— duty of State's attorney. 1168 371 Forwarding certificates to county clerk, 1153 370 Issue of burial permits, 1149 369 Payment for reporting, 1147 368 Penalty for violation of act, 1157 iw State Board of Health— certain duties of, 1166 370 State Board of Health to prescribe forms, 1146 368 BLACKSMITH SHOPS: Location and regulation of by council, 82d 29 376 Index — Continued. BLANKS: PAGE. To be contracted for with lowest bidder, 94th 31 BOARDS OF EDUCATION: Books, records, etc. in cities of 100,000— 804 272 Conveyances of real estate In cities of 100,000—809 274 Conveyances of real estate, 792 271 Duties of enumerated, for cities of 100,000—807 274 Election of— term— number, etc., 786.. 268 Election of, etc., in certain cities, 836 282 Election— powers— duties, etc., in certain districts. S39 283 Examination of teachers by, for certificates, 813 275 First election of, 793 269 Funds subject to order of board In cities of 100.000—810 275 In certain cities oreanized under special acts, 835 282 In cities of 100,000 or more, 801 272 Limitation of expenditures in cities of 100,000—811 276 May establish kindergartens. 840 283 May establish manual training schools, 841 284 May establish parental or truant schools, 856 287 Orgranization of board in cities of 100,000—803 272 Powers and duties enumerated. 794 269 Powers and duties in cities of 100.000— 805 273 Powers exercised at meetings only | gQg " |'J Powers of not to be exercised by cities of ioO.OOO— 812. . ....'..'!..'.'...'.!.'!!."."!.'!!!!!.'.'." 276 Qualifications of members for cities of 100,000—802 , 272 To appoint truant officers, 523 278 To control school fund, 798 271 Yea and nay vote, when required, 795 371 BOAED OF HEALTH: Appointment provided for, 76th 29 BOAED OF HEALTH, STATE: Duties regarding reports of births and deaths 368-371 Supervision of lodging houses, 681 194 BOARD OF LOCAL IMPROVEMENTS: Certain powers and duties of board. 658 222 Costs and expenses of— how paid, 669 226 Powers and duties of , 582 195 BOARD OF REGISTRY-CITY ELECTION LAW: Final revision of register, 414 138 First meeting of board, 396 123 Form of certificate required of , 396 128 How constituted, 393 123 Second meeting of board, 398 129 Shall watch canvassers, 413 138 Third meeting of board, 401 132 BOATS: Municipal iurisdiction over, 233 79 BOND: Collectors— Increase of provided for, 611 174 Contractors, for local Improvements, 667 221 Custodian of municipal funds, 104 38 Dramshop keeper— amount of , etc., 752 257 Election commissioners must give, 371 116 Mayor's, not less than $3,000—83 34 Municipal officers, except aldermen and trustees, 83 33 Tax collector's— increase provided for. 498 169 Treasurer, firemen's pension fund, 975 321 Treasurer, insurance patrol pension fund, 992 326 Treasurer, police pension fund, 946 321 BONDS FOR LOCAL IMPROVEMENTS: Authorizing issue of by improvement districts, 704 239 Form of prescribed, 661 224 For outlet sewers, reservoirs, etc, 701 238 How paid by improvement districts, 705 240 Payment by bonds authorized, 663 224 Retirement of, 618, 209 To issue at par and interest, 662 224 377 Index — Continued , BONDS FOB PARK PURPOSES: Paob. Issue— oertifleation— endorsement— sale, etc., 780 265 Issue— reeistration-denominations-sale, etc., 776 263 Payment of interest and principal provided for, 781 266 Purchase of by parlc commissioners, 783 267 BONDS FOR WATERWORKS: City council may issue , 872 292 Form of— interest coupons, etc., 874 292 Maturity— interest— installments, etc, 874 292 BONDS, MUNICIPAL: Act concerning: municipal bonds and warrants 163 Auditor of Public Accounts may prescribe form, 489 163 Auditor to certify rate for payment of , 493 166 By whom executed, 499 169 Cancellation and return by State Treasurer, 520 176 Declared void by courts, 531 180 Duty of State concerning payment of, 505 171 Election for issuance of, 606 172 Entry of payment by auditor, 497 168 Entry of payment by auditor, 609 173 For refunding existing debts— act concerning 175 For refunding purposes, 489 163 In aid of railroads not to issue after Sept, 1. 1883— 522 177 Issued by sanitary district, 732 248 Manner of payment of , 495 168 May be issued by city council, 5th 24 Maybe issued for funding Indebtedness. 6th 24 Maybe purchased with surplus funds, 518 176 May not be registered till railroad is completed, 506 172 Payment of within ten years, 510 174 Publication of statement by State Treasurer, 619 176 Purchase of from lowest bidder, 620 176 Record shall be kept by city clerk or comptroller, 114 41 Registered and not paid at maturity, 496 168 Registered— sinking fund for payment of, 524 178 Registered— surplus to be refunded, when, 630 180 Registration— cancellation— payment, etc., 492 166 Rate required for payment to be certified by auditor, 503 172 Shall be endorsed with amount of taxable property of municipality, 490 165 State assumes no liability for payment, 504 171 State not liable for payment of , 494 167 To be registered by holder with auditor, 601 171 To be returned to municipalities when paid, 513 174 What city bond record shall show, 114 41 BONDS. UNITED STATES: Purchase of with surplus funds 177 BOOKS AND PAPERS: Of city collector open to inspection. Ill 40 Of city officers may be inspected by mayor, 31 17 Production of in civil service investigations, 341 105 Refusal to deliver to successor in office. 84 34 Withholding from successor— penalty, 907 306 BORROWING MONEY: To meet emergency, 98 37 BOULEVARD AND PARK TAX: Authorized for payment of bonds, 781 266 BOULEVARDS, PARKS AND DRIVEWAYS: Act authorizing bonds and tax for boulevard purposes 264 See Parks, Boulevards and Driveways. BREACH OF THE PEACE: At registration or election— penalty, 466 157 BREAD: Quality, weight, etc., may be regulated, 52d 27 BREWERIES: Location and regulation of by council, 82d 27 37« Index — Continued. BREWERS: Page License and control of by council, 91st 30 BRIBERY: Of municipal officers, 244 82 Of municipal officers— penalty , 87 34 BRIDEWELLS: Erection of provided for, 69tli 29 To be liuownas "house of correction," 1071 346 BRIDGES: Across channel in sanitary district, 728 247 And terries, act concerning 88 Controlled by municipalities, 271 89 Establishment and reeulation of. 87th 30 Construction of by sanitary district, 746 255 May be built, bought or leased by municipalities, 270 89 May be purchased by municipalities. 670 190 May be regulated by council, 38th 26 Municipal control of within sanitary districts, 747 255 Penalty for fast driving on, 272 90 Sale of for delinquent taices, 670 190 To be constructed and maintained by council, 28th 26 Travel on controlled by municipality, 272 90 BROKERS: License and regulation of by council, 91st 30 BUILDINGS: Construction of may be regulated by council, 61st 28 Public— act regulating means of egress 366 Public— erection of those necessary for municipal use, 86th 30 BURIAL PERMITS: Certificate of death must precede. 1160 369 Coroner may disinter body buried without permit. 1152 369 What permit shall contain. 1148 368 Who may issue permit, 1149 369 BUTTER: Inspection of provided for, 53d 28 Sale of may be regulated by council, eoth 27 c CABMEN : Licensed and taxed by council, 42d 2T CALABOOSES: Erection of provided for, 69th 29 House of correction may be used in lieu of, 1065 345 CANALS: Illinois and Michigan referred to, 733 249 May be constructed and maintained by council, 31st 26 May be purified and cleansed by council, 10th 26 CANDIDATES: May name watcher of the canvass, 436 146 CANVASS: Watchers of provided for, 361 112 CANVASSERS: Appointment of by election commissioners, 390 ; 121 Duties at intermediate registration, 412 138 CANVASSING BOARD: County judge shall be chairman of, 451 162 Duties as to Indications of fraud, 460 151 Duty as to tie vote, 449 161 Opening returns and making abstracts, 445 160 Powers and duties of. Article V 160 Presiding officer— recording result, etc,, 461 152 Village or town election, 487 163 379 Index — Continued. CANVASS OF BALLOTS: Page How conducted, 64 23 How made. 436 146 On propositions submitted to vote, 438 .....!.!...!.!.'.." 147 To commence immediately on close of polls, 435 146 CANVASS OP PRECINCT: By clerks of election, 399 130 CARTE HS: Licensed and taxed by council. 42d 27 CATTLE: Running at large regulated by council. 80th 29 CATTLEGDARDS: At crossings within corporate limits. 26th 25 CASUALTY: In municipal expenditures provided against. 98 37 CELLAR: Location and cleansing of controlled by council. 84th 30 CEMETERIES: Act authorizing establishment of by cities, etc 328 Act providing for removal of 327 Control of by corporate authorities, 1005 32!» Establishment and regulation of by council, 79th 29 Municipalities may establish and maintain, 1001 328 Removal of beyond city limits, 998 328 Sale of lands authorized, 999 328 Sale of municipal property for cemetery purposes, 1004 329 Two or more municipalities may establish jointly, 1002 329 CENSUS: Maybe provided for by ordinance, 131 46 May be taken triennially, 85 30 Secretary of State shall certify to each mnnicipality. 131 46 CERTAIN ELECTIONS LEGALIZED 14,15 CERTIFICATES: Of appointment or election signed by mayor. 84 34 Of election made by county clerk, 447 151 CERTIORARI: Writs of in city court, 295 96 CHAIRMAN, PRO TEM: In absence of mayor, 45 20 CHALLENGE: Of registered voter at polls— method of. 431 144 Of registered voter— form of afSdavit, 397 128 CHALLENGERS: At polling and registration places, designated by parties, 433 144 May not engage in electioneering, 471 159 Penalty for interference with, 467 158 CHANGE OF NAME OP MUNICIPALITY: Act concerning method of 73 Piling and publication of order, 214 74 Hearing of petition, 213 "* May not be made by special laws, 22 7 Provision for filing proposed name, 210. 73 Rights and privileges not affected by change. 215 75 Unincorporated towns, 217 75 When void. 216 76 CHANGE OP SITE: Act concerning 75. 380 Index — Continued. CHANGE OP VENUE : Page From city eourtg. 297 96 CHARITABLE INSTITUTIONS: Property of, exempt from taxation, 545 181 CHARTERS: Of literary institutions to be protected, 47 27 Of municipalities not to be amended by special laws, 22 7 To be issued by Secretary of State, 13 13 CHEESE: Sale of, regulated by council, 50 27 CHICAGO: Free public library in Dearborn park authorized, 1093 353 Land granted for pumpine station, 1053 341 Power to issue bonds not affected by certain act, 491 166 CHICAGO DRAINAGE DISTRICT: Act organizing Chicago as a drainage district 241 Condemnation of property, 716 242 Dam across Mud Lake valley authorized, 714 242 Location of "cut off" prescribed, 712 241 Powers of corporate authorities defined, 711 241 Powers of corporate authorities further defined, 715 242 CHICAGO PUBLIC LIBRARF: Act authorizing erection of 352 Location of building in Dearborn park, 1093 363 Soldiers' Home may convey interest in title to site, 1094 353 CHICAGO RIVER: May be widened and deepened, 712 241 CHIEF CLERK OF ELECTION COMMISSIONERS: Powers and duties of, 373 115 Salary of, 478 161 CHIEF EXAMINER: For civil service commission— salary, 326 102 CHIMNEYS: Construction of regulated by council, 63d 28 CIRCUIT CLERK: To keep transcript of cases in city court, 2S9 96 CIRCUIT COURT: Judges of, may exchange with judges of city court, 289 94 May change name of unincorporated town, 217 76 May determine right to use of waterworks, gas, etc., 197 69 May hear case for division of municipal property, 198 70 Petition to, in annexation proceedings, 161 65 CISTERNS: Construction and regulation of provided for, 57th 28 Construction of, by city council, 125 45 CITY ATTORNEY: A member of canvassing board, 445 160 Shall be elected biennialy, 66 21 CITY CLERK: His duties enumerated, 89 36 His duties in connection with special tax for sidewalks, 687 230 May admmister oaths, 95 .36 May appoint assistant, 117 ' 42 May hold no other municipal office, 88 35 Power to convey and transfer public property, 279 91 Shall be elected biennially, 66 21 Shall countersign all warrants, 106 .".'. 39 Shall keep record of city bonds, 114 41 Shall publish annual statement of city collector, 109 40 381 Index — Continued. CITY CLERK AND MAYOR: Page. To execute certain bonds, 499 159 CITY COLLECTOR: Books open to inspection of mayor and council, 111 40 Duties and powers preaeribed, 108 39 Further duties may be prescribed by ordinance, iis! ! 41 May appoint assistants. 917 42 Must pay over money promptly, 110 40 Must file annual statement with city clerk, 109. !.'..!..!!;!!!!'..'.'!!!;!];;;!;;";. '!;.".'!!!] 40 CITY COMPTROLLER: Council may prescribe his duties, 113 41 His powers and duties, 112 40 May appoint assistant, 117 42 Shall keep record of municipal bonds, 114 ..'!!..!.!'!!!! 41 To pay salaries to certified appointees only, 339 106 What annual report shall contain, 112 ',,', 40 CITY COUNCIL: Additional powers conferred on, 877 293 Duties as to tax levy, 119 43 Duties of enumerated, Article V 24 How composed, 36 '..'" ig May abate nuisance, 75th 29 May adopt needful sanitary measures, 78th 29 May adopt needful measures to prevent fires. 63 28 May alter, improve and control channel of water courses, 30th 26 May appoint board of health and prescribe its duties. 76th 29 May appoint harbor master and prescribe duties, 39th 26 May appropriate money for corporate purposes, 2d 24 May authorize construction of mill-races across streets, 88tli 30 May authorize tax for restoration of buildings damaged by cyclone, 572 191 May borrow money, 5th 24 May cleanse water courses, drain or fill ponds, etc, 40th 26 May collect wharfage and dockage, etc., 37th 26 May compel railroad companies to raise or lower tracks, 27th 26 May compel removal or cleansing of any nauseous house or place, 84th 30 May construct and maintain bridges, tunnels, etc., 28th 26 May construct and maintain canals and slips in aid of commerce, 31st 26 May construct and maintain culverts, drains, sewers, etc., 29tli 26 May construct and maintain wharves, docks, levees, etc., 32d 26 May control finances of corporation, 1st 24 May control location and construction of horse railways in streets, etc., 24th 25 May control railroad crossings, 26th 25 May create sinking fund by resolution, 524 178 May direct location of distilleries, breweries, etc., 82d 29 May direct location of packing houses, soap works, etc. ,81st 29 May enforce the keeping of proper weights and measures, etc., 56th 28 May erect calaboose, house of correction, etc., 69th 29 May erect engine houses for fire department, 64th 28 May erect hospitals and dispensaries, 77th 29 May establish and regulate cemeteries, 7Eth 29 May establish and regulate markets and market houses, 49th 27 May establish, ferries, toll bridges, etc., 87th 30 May establish fire limits and prohibit wooden buildings within, 62d 28 May establish, maintain and improve streets, alleys, parks, etc., 7th 24 May extend street or alley across railroad right of way, 89th 30 May fill vacancy inofBee of mayor, 23d 16 May fix rates of wharfage and dockage. 36th 26 May fix rates and regulations of waterworks, 126 45 May fix tolls for ferries, bridges, etc., 87th 30 May forbid and punish sale of liquor to minors, idiots, etc, 48th 27 May grant right of way to railroad or street car compony, 90th 30 May issue bond for money borrowed, 5th 24 May issue bonds to refund or consolidate maturing debts, 6th 24 May license and regulate billiard tables, etc., 44th 24 May license and regulate hackmen, draymen and other drivers, 42d 27 May license and regulate hawkers and peddlers, 4l3t 27 May license and regulate runners for public houses, 43d 27 May license and regulate sale of liquor, 46th 27 May license and tax auctioneers, distillers, brewers, brokers, etc., 91st 30 May license and tax junk dealers, etc, 95th 31 May license and tax transient venders, etc., 250 83 May license ferries, toll bridges, etc., 87th 30 May license tugs, wharf boats, etc., 35th 26 May pass all ordinances to enforce powers of municipalities, 96th 31 May pass ordinances over mayor's veto, 248... — 83 May planttrees on streets, public grounds, etc, 8th 24 Mav Drescribe mutual relations of municipal officers and employes, 71st 29 882 Index — Continued. CITY COVNClli—Concluded: page May prescribe power and duties superintendent of police, 68th 29 M ay prevent and punisli forestalling and regrating, 51st 27 May prevent and suppress riots, etc., 72 29 May prevent dangerous construction of chimneys, flues, etc., 63d 28 May prevent cock fights, dogfights, disorderly conduct, etc., B9th 28 May prohibit and punish cruelty to animals, 73d 29 May prohibit offensive or unwholesome business establishments, 83d 30 May prohibit sale or exhibition of obscene publications, etc., 4Eth 37 May prohibit sale or storage of combustibles within fire limits. 93d 31 May provide by ordinance tor letting contracts to lowest bidder, 94th 31 May provide fire apparatus and regulate management thereof, 64th 28 May provide for cleaning streets, alleys, etc., 12th 24 May provide for cross walks, curbs and gutters, 16th 25 May provide for erection and care of necessary municipal buildings, 86th 30 May provide for inspection and sealing of weights and measures, 66th 28 May provide for inspection of steam boilers, 67th 29 May provide for lighting streets, alleys, parks, etc., 11th 24 May provide for payment of debts of corporation, 2d 24 May provide for taking of census, 85th 30 May provide for water supply, 125 45 May regulate advertising by posters and handbills, 17th 26 May regulate and control anchorage and landing of water craft, 34th 26 May regulate and control use of public and private wharves and docks, 33d 26 May regulate and prohibit the running at large of live stock, 80th 29 May regulate auctioneers, distillers, brewers, brokers, etc., 91st 30 May regulate business of junk dealers and second-hand stores, 95th 31 May regulate carrying of banners, placards, etc., 18th 25 May regulate certain outdoor sports and amusements, 92d 30 May regulate construction and care of vaults, cisterns, pumps, sewers, etc., 57th... 28 May regulate construction of buildings and fire escapes, 61st 28 May regulate disposal of garbage, offal, etc., 15th 25 May regulate flying of banners, signs, etc., 19th 26 May regulate inspection of meat, butter, vegetables, etc.. 53d 28 May regulate inspection, weighing and measuring of brick, wood, coal, etc., 54th ... 28 May regulate laying of eras and water mains, 13th 23 May regul ate licenses, 4th 24 May regulate management of soap factories, tanneries, etc,, 81st 29 May regulate numbering of houses and lots, 22d 25 May regulate partition fences and party walls, 60th 28 May regulate places of amusement, 58th 28 May regulate police municipality, 66th 28 May regulate repairs of sewers, tunnels, drains, etc., 13tb 26 May regulate sale of bread, weight and quality of loaf, 52d 27 May regulate sale of meats, butter, cheese and other provisions. 50th 27 May regulate speed of animals and vehicles within city limits. 21st 25 May regulate storage and sale of combustibles within fire limits, 93d 31 May regulate storage and use of dangerous explosives and combustibles, 65th 28 May regulate street labor by ordinance, 268 88 May regulate traffic on streets, etc., 20th 25 May regulate use of distilleries, breweries, livery stables, etc., 82d 29 May regulate use of harbor, towing of vessels, opening bridges, etc.. 38th 26 May regulate use of sidewalks and structures thereunder, 14th 26 May regulate use of streets, alleys, sidewalks, parks, etc., 9th 24 May refund taxes illegally collected, 559 187 May remove obstructions from streets, alleys, sidewalks, etc., 10th 24 May require fencing of railways within corporate limits, 26th 26 May require railroads to keep flagmen at crossings, 27th 26 May require railroads to open and maintain drains, sewers, etc., 27th 26 May restrain and punish vagrants, prostitutes, etc.. 74th 29 May suppress disorderly houses, gambling houses, lotteries, etc., 45th 26 May use county jails with consent of county board. 70th 29 Members exoMcio school officers in certain municipalities, 818 277 Must comply with state laws in licensing sale of liquor, 46th 27 Powers enumerated. Article V 24 Provisions concerning composition, term, quorum, etc 18, 19,20 Shall be judges of election and qualification of Its members, 41 19 Shall sit with open doors, 46 20 Term defined as related to villages, 141 48 CITY COURTS: Act concerning establishment of 93 Adjournments provided for, 294 95 Appeals and writs of certiorari, 295 95 Appeals from, to appellate and supreme court, 301 96 Books, stationery, furniture provided for, 287 94 Change of venue provided for, 297... 96 Clerks— election of— duties— vacaney, 290 94 Duties of sheriff and state's attorney, 291 94 Election of judge and clerk of, 305 97 b88 Index — Continued , •CITY COURTS- Concluded,- Page Election, quallfloation and powers of judge. 288 94 Existing courts continued, 303 97 How established and abolished. 301 Mil!'.!!.'!!.!!."!."!! 97 Judges of— election, qualification, powers, etc,288 !..!..! !!!! 94 Judges of —may exchange with circuit and county judges, 289 94 Judges of— salary fixed, 306 98 Masters in chancery for, 292 96 Place of holding, 286 !!.!!!!"!!""! 90 Recognizances returnable to, 296 !..!. ! ! 95 Salary of judge. 306 98 Seal provided for, 285 93 Style of, jurisdiction, etc., 284 93 Terms of, regular and special, 293 95 Transcript book provided for, 299 96 Writs, orders, decrees, judgments, etc., 298 96 CITY ELECTION LAW: Absence of judge or clerk from place of registration, 470 169 Absence of judge or clerk from polls— penalty, 428 142 Abstracts of votes— how made— certificate, etc. . 446, 446 160 Act of 1885 as amended— known as "The City Election Law" 108 Adoption of act by city, 353 109 Adoption of act by village or town. 484 162 AfSdavit of person challenged— form, etc., 397 128 Affidavits to be returned to election commissioners, 424 141 Appointment of canvassers by election commissioners — duties, etc., 390 121 Appointment of judges and clerks of election, 376,378 116 Attempt of unpardoned felon to vote, 464 167 Ballots cast must agree in number with names on poll li8t,[436 146 Ballots— form of, for voting on adoption of this act, 355 110 Ballots for propositions submitted— how canvassed, 438 147 Ballots— penalty for changing or substituting, 463 156 Ballots— penalty for destruction of after deposit in box. 468 158 Ballots — penalty for placing in box before opening of polls, 457 155 Ballots shall be strung as soon as tallied. 437 147 Ballots— when to be used in canvass by county judge. 362 112 Ballot box — delivery of, to election commissioners, 443 149 Ballot box— locking and sealing after canvass, 442 149 Ballot box— penalty for injury to on election day, 468 168 Ballot box to be furnished by election commissioners, 372 116 Ballot box to be kept in public view, 429 143 Ballot b"x to be received and opened by election commissioners, 414 150 Board or Election Commissioners: Appointment of, by county court. 368 114 Authority over sheriff and police force, 3S2 120 Bondof $10, 000 required of each, 371 115 Chief clerk of— appointment, oath, duties, etc., 373 116 Chief clerk of— salary fixed. 478 161 Creation of board— appointment, vacancy, etc., 368 114 JCx oMoio commissioners in certain cases, 485 162 Duties concerning election registers, 424 Ill May administer oaths, 448 163 May appoint precinct canvassers, 390 121 Members canvassing board, 445 160 Must declare result of canvass, 446 150 Oath prescribed for, 371 116 Organization of board, 371 116 Qualification of members, removal, etc., 369 Ill Receiving and opening ballot box, 441 160 Removal of, on complaint, 370 Ill Required to note condition of register, signatures, etc., 125 142 Salaries of commissioners and chief clerk, 478 161 Selection of judges and clerks of election, 389 121 Shall aid prosecutions and keep the peace, 177 160 Shall cause corrected registers to be pnnted, 102 — ■•■•■■ 133 Shall give bond in $10,000 each; oath, organization, etc., 371 116 Shall instruct canvassers, 413 128 Shall keep record of deaths and of convictions and pardons, 385 120 Shall provide ballot boxes, poll books, tally sheets, etc., 372... 115 Shall take charge of ballot boxes and all election supplies, 371 116 Term of office-first appointment, vacancy, 368 lU To audit claims of election officers, 183 162 To establish election precincts. 374_ ■;■■"•- Jlo Board of registration— judges of election shall constitute, 393 123 Se« "Registration of Voters." . ^. , ,,„ „_ Breach of the peace at registration or voting places, 116 157 Candidates may name watchers of the canvass, 135 lib Canvass of ballots on propositions submitted. 138 117 384 Index — Continued. CITY ELECTION LliW—Continuecl . Paob Canvass of precinct by clerks of election, 399 130 Canvass— watchers provided for at certain elections, 361 112 Canvassers— appointment of by election commissioners, 390 121 Canvassers- duties of at intermediate registration, 412 138 Canvassing board— county judge shall be presiding ofBeerof, 461 162 Canvassing board— duties as to indications of fraud, 450 151 Canvassing board— duty as to tie vote, 449 161 Canvassing board— of village or town, 487 163 Canvassing board- opening returns and making abstracts, 446 150 Canvassing board— powers and duties of. Article V 160 Canvassing board— presiding ofBeer- recording result,etc., 451 162 Challenge of registered voter at polls— method of , 431 144 Challengers may be designated by each political party, 433 144 Challengers may not engage in electioneering, 471 169 Challengers— penalty for interfering with, 467 168 Clerks op Election: Appointment and qualification, 376 116 Removal— examination— registration, etc., 378 117 Duty at election for adoption of this act, 359 Ill Duty as precinct canvassers, 412 138 I Examination— conflrmation—registration,etc.,377 117 Failure to perform duty as canvasser— penalty , 401 13S May correct heading of tally list, etc., 439 148 May not engage in electioneering, 471 169 Notice of appointment— oath required of , 381 119 Not to be paid until certain receipts are shown, 443 160 Penalty for absence from polls, 428 142 Penalty for fraud or misconduct, 458 166 Penalty for fraud upon poll list, 454 164 Penalty for interfering with clerk, 467 , 167 Presence at polls required, 427 142 Refusal to serve, etc.— penalty, 377 117 Salary fixed, 479 161 Selection of by election commissioners, 389 121 Time allowed for each election, 480 161 To canvass precinct after registration, 399 130 To certify results of canvass, 441 149 To represent different political parties, 379 118 When to be paid by city and when by county, 481,482 162 Clekk op Election Commissioners: Appointment— oath— powers— duties, 373 116 Salary fixed, 478 161 Convicts' names to be furnished to election commissioners, 383 120 County clerk— duty concerning adoption of this act, 354 109 County clerk— failure to perform a certain duty— penalty, 354 110 County clerk— must file copy of abstract of votes, 446 150 County court— appeal from decisions of in registration proceedings, 406 136 County court— duty as to registration of voters, 405 135 County court shall appoint election commissioners, 368 114 County court shall enter abstract of votes on record, 446 150 County court shall enter order concerning adoption of this act. 362 113 County judge— duties concerning adoption of this act. 364 109 County judge— may remove election commissioner, 370 114 County judge— member of canvassing board, 445 160 Crime with reference to propositions submitted, 474 160 Deception of voter by changing his ballot— penalty. 463 . 166 Definition of the words "election" and "householder," 474 160 Disobeying lawful command of election judge— penalty , 465 . 157 Effect of adoption of this act, 367 . . 114 Election days declared holidays, 388 ].".' 121 Election- definition of the word, 474 160 Electioneering— prohibition of— penalty, 471 159 Election for adoption of this act, 353 "!!!!..!!!!!.!!!.!!!!!..!!!! 109 Election OFmcBRs: Claims of to be audited by election commissioners, 483 162 Compensation fixed, 479 161 May administer oaths, 488 .....!]ii 163 May not engage in electioneering, penalty by, 471.." 159 Penalty for fraud or misconduct, 458 166 Penalty for fraud upon poll list, 464 164 Penalty for stealing, destroying or defacing election d6cuments','459 !!.'.'."!!.' ."!.'.'.' 15S Time allowed each, 480 161 When to be paid by city and when by county, 481,482 192 Election precincts— established by commissioners, 374 116 Election returns— how made in certain cases, 486. . 163 Election returns— in election for adoption of this act, 360 Ill 385 Index — Continued, I ELECTION L\W— Continued. Page Irasure of names from register— aoplication— hearing, etc., 404 135 Irasure of names from register— proeeedings in county court, 405 136 ipenses of election— when borne by city and when by county, 481,482 162 Ixpenses of adoption of this act, 364 109 alse canvass of returns— penalty, 456 155 'ees and salaries of commissioners and chief clerk. 478 161 'Ine must be paid before discharge of offender, 475 160 elou not entitled to vote, 468 157 'elonies under this act; see "Felony." 'orfeltures — recovery and payment of, 476 160 'orm of affidavit and other forms under this act; see "Forms." 'raud in election returns— duties of canvassing board, 460 161 feueral registration of voters, 408 136 [overnor shall furnish list of pardons eninted, 383 120 [olidays— election days under this act, 388 121 lotels must file statement with election commissioners, 391 122 [ouseholder— the word defined, 474 160 Qkeeper must file statement with election commissioners. 391 122 aspeotion of election registers by the public provided for, 420 140 Qtermediate reelstration- rules governing, 410, 411, 413 138 UD(jKS OP Eleotion: Appointment and qualifications of , 376 117 Appointment and removal of, 378 117 Are of&oers of the court under this act, 380 118 Compensation fixed, 479 161 Continuous presence required at polls. 427 142 Duties of in a certain election, 368,369,360 Ill Duty as to election registers, 418 139 Duty concerning public view of ballot box— penalty, 429 113 Duty concerning canvass of votes, 436 146 Examination — confirmation — registration, etc, 377 117 Filling vacancy at polls, 428 ■- 14 2 Guilty of felony for neglect of duty, 363 113 Majority must be present to receive vote— penalty, 469 169 May administer oaths, 488 I™ May not engage in electioneering, 471 ' 159 May vouch for challens-er, 433 1J5 Must present certain receipts before receiving pay . 443 16U Notice of appointment— oath, etc., 381 119 Penalty for absence from polls, 470 169 Penalty for illegal acceptance or rciection of vote, 455 IM Penalty for disobeying lawful command of , 465 157 Penalty for falsifying poll list, 454 lo| Penalty for fraud or misconduct, 468 i»2 Penalty for Interference with judge, 467 lo; Selection of by commissioners, 389 l^J Shall constitute board of registry, 393 i^» Shall furnish blank affidavits, etc., 397 1^» Shall sign each page of election register, 396 i« Special duties in certain election, 359 "[ Time allowed each, 480 :j" To act as peace officers, 434 "° To certify result of canvass, 441 "° To lock and seal ballot box, 442 i*° To proclaim result of canvass, 440 '•= To represent different political parties, 379 iis To return ballot box to election commissioners. 443 14» When to be paid by city and when by county, 481, 482 iw furat must be attached to oaths, 488. •••••"•'•■.;;"VoV 199 jandlord may be cited to appear before election commissioners, 392 i^i jttndlord to file statement with election commissioners, 391 i^' lability for contempt of election officers, 380 ii» Ijiquors prohibited at places of registration and voting, 472 159 day be adopted by village or town, 366. . ....... — > .-.iiv •,■■••■•"•■ " h'< Misdemeanor. (For misdemeanors under this act see Misdemeanor. ) Notice of application to erase name from register, 403 im Notice-defect In election notice no defense for violation, etc., 473 16» Notice of election for adoption of this act, 364 f^" Notlceoftimeandplaceof registration of voters. 386 J-' Notice to election officers of their appointment, 3" • ■ ■ • ■ ■ : ■ ; ^'i Notice to persons registered whose right is questioned. 400 iji Jathsadministeredby election judges only, Ml.. ....■■ "* 3aths in writing must have jurat of proper officer, 488 Jm Jaths of judges and clerks of eIectlon..381. "" 3aths prescribed for election eommiasioners. 371 "" Offenses at registration or eleotion. Article VI . ... .•.-.■■.- - ■ • ■ • ■ • • • ■,; „■•••-,■" ■,; (For offenses under this act, see "Felony," "Misdemeanor" and Penalty," Dpenlng and closing of polls, 427 386 Index — Continued. CITY ELECTION hAyf— Continued. Order of adoption of this act to be filed with Secretary of State, 362 US Pardons, list of to be furnished election commissioners by Governor, 383 120 Penalties. (For penalties prescribed by this act see 'Penalty.") Perjury in connection with elections, 461 166 Petition for adoption of this act, 353 109 Political parties may desienate challengers. 433 144 Poll book— form of— how kept, 430 143 Poll book— removal from ballot box. 444 160 Poll book— to be placed in ballot box after canvass of ballots, 442 149 Poll book— to be supplied by election commissioner, 372 116 Poll clerk— penalty for false poll list, 454 164 Polling places to be supplied by election commissioners, 382 120 Poll list, penalty for falsifying, 464 154 Polls, time of opening and closing, 427 142 Powers and duties of challengers, 433 146 Powers and duties of chief clerk, 373 116 Powers and duties ot ex officio election commissioners, 485 162 Powers and duties of precinct canvassers, .399 130 Powers and duties of watchers of the canvass, 433 145 Proclamation by judges of election, 440 148 Propositions submitted protected the same as candidates, 474 160 Publication of names of election ofScers, 380 118 Publication of register of voters, 416 139 Qualifications of election officers, 376 116 Refusing aid and information to precinct canvassers— penalty, 390 122 Refusing police aid to precinct canvassers— penalty , 399 131 Refusing to give Information to canvassers— penalty, 399 131 Rboistbation of Voters— Absence of judge or clerk from place of registration ,470 169 Appeals from county court, 406 136 Board of registry, how constituted, 393 123 Board ot registry, form of certificate required of , 396 128 Board of registry, meeting of, 395 123 Board of registry, registration of , 377 117 Board of registry, vacancy filled by members of , 423 141 Docket of applications for erasure of names, 404 136 Duty of county court, 4U5 136 First meeting of board. 395 123 Form of register described 126,127 General registration 376 116 General registration, forms, blanks, methods, 408 136 Intermediate registration. 410,411,413 138 Judges of election shall constitute board, 393 123 Meeting of board, 396 123 Notice of application to erase name from register, 403 134 Notice to persons registered whose right is challenged, 400 131 Notice of registration by election commissioners, 386 121 Offenses at registration of voters— penalties, 452 162 Penalty for mutilating or destroying register, 422 141 Place of registration must be provided by election commissioners, 382 120 Publication of register. 416 139 Public register to be hung up at place of registration, 397 128 Registering a challenged applicant, 397 129 Registering a voter or receiving vote by minority of judges, 467 169 Register, always open to inspection.392 128 Register, books to be supplied by commissioners, 372 116 Register, challenges shall be noted thereon, 431 144 Register, copying illegally prohibited. 426 142 Register, copying, printing, posting, etc., 416 139 Register, disposition of when completed, 402 134 Register, erasure of name from, 403 134 Register, erasure of name from, 417 139 Register, form of described 126,127 Register, form of prescribed 124, 125 Register, revision of for intermediate registration, 414 138 Register, revision of for special election. 419 140 Register, signing and certifying, 411 , 138 Register, signing, comparing and return of . 415 139 Register, to be enclosed in envelope and sealed, 424 141 Register, to be printed, etc.. 402 134 Registry of pardons and convictions to be kept, 385 120 Removal of voter— certificate— affidavit, etc.. 409 137 Revision of register— second meeting— copy. etc..l398 129 Revision of register— third meeting— erasing names, etc., 401 132 Rules and regulations to be made, 387 121 Second meeting of board— revision, etc., 398 129 Signatures of judges to each page of register, 396 128 Supplemental list— printing— posting, etc., 407 136 Third meeting ot board— revision, etc., 401 132 Time of registration— form of register, etc., 395 123 387 Index — Continued. (}itv Mection ioui— Concluded. Page Reports of pardons to oommiasloners, 383 120 Returns of election for adoption of this act, 360 Ill Keturns of canvass— contents— certificates, 441 '. " 148 Returns of election— to whom addressed, 841 148 Scratched tiel£eta—how canvassed, 436 147 Secretary of State to file order of county court, 362..!! 113 bpeoial election, revision of reeister for, 419 140 Split tickets— how canvassed. 436 " 147 Stealing, defacing, or destroying any election document, 469' !..,!.!...!.!!!!!!!!!!!! ! 166 Stealing or mutilating returns of election, 364 113 Supplemental list of registered voters-printing— posting, 407 ! 136 Supreme court— appeals to in registration proceedings, 406 .136 Subornation of perjury in election matters, 462 166 Taking or sending liquor to place of registration or voting, 472 159 Tally sheets, preparation of by election clerks, 369 HI Tally sheets, to be furnished by commissioners, 372 115 Taverns must file statement with commissioners, 391 122 Town may adopt city election law, 366 113 Vacancy, board of election commissioners, 369 114 Vacancy, board of registration, 423 ". 141 Vacancy, judge or clerk of election, 380 118 Verification lists— how furnished— form— use, 398 129 Verification lists— use of by election clerks— correction of register, 399, 400 131 Verification lists— use of in intermediate registrations, 410 138 Village board of canvassers— duties of , 487 163 Violations of election law. Article VI 152 Voter's qualifications specified, 394 123 Voter's name must appear on register, 432 144 Watchers of canvass— appointment of , 433 143 Watchers of canvass— penalty for interference with, 467 168 Watchers of canvass— provision concerning, 361 112 CITY ENeiNEEE: Appointment of. 577 193 CITY ORGANIZATION: From new territory, 5 11 lHay change to village, 150 50 CITY OFFICERS: Appointive of^cers enumerated, 81 33 Creation and discontinuance of offices by ordinance, 81 33 Elected biennially, 66 21 Elective officers enumerated, 80.., 33 To be commissioned, 84 34 CITY PRISON: Laws concerning applicable to houses of correction, 1067 316 Sheriff to be the keeper of, 296 95 CITY REGISTER: Office abolished, 14 13 CITY TREASURER: Further duties may be prescribed by ordinance, 115 4t May appoint assistant. 117 42 May hold no other municipal office, 84 35 Shall be elected biennially, 68 21 Shall not succeed himself in office, 56 21 Shall set apart tax levied for special purpose, 122 44 CIVIL SERVICE COMMISSIONERS: Appointment of by mayoi^qualiflcations, etc., 308 98 Classification of offices by, 310 98 Investigations made by , 322 102 Investigations— power over witnesses, 341 106 May appoint examiners, 313 99 Mayor may require reports from at anytime, 323 102 Quarters to be provided and aid given, 825 102 Registers to be kept by commissioners. 315 100 Removal from office— vacancy— etc., 309 98 Report to mayor anilually, 323 102 Reports of appointments to, .'i21 102 Rules governing appointments, removals, etc., 311 99 Salary of. 326 102 Shall publish rules of board, 312 •■ 99 Witness fees in investigations, 105 39 388 Index — Continued. CIVIL SBKVICE IN CITIES: Page Abuse of political influence prohibited, 336 105 Act to regulate 98 Adoption of act— petition— election, etc,, 346 106 Appointments and removals to be certified to comptroller, 338 105 Appropriations for enforcement of act, 327 103 Assessments for political purposes 104 Auditing officer's powers and duties, 337 105 Books and papers must be produced, 341 105 Chief examiner— appointment— powers and duties, 324 102 Classitieation of offices by commissioners, 310 98 Compelling testimony. 341 105 Comptroller must be notified of appointments, etc., 338 105 Comptroller to pay salaries to certified appointees only, 339 105 Commissioners— appointment— qualifications, etc.. SOS 98 Commissioners may appoint examiners. 313 99 Commissioners' quarters to be provided for and aid given, 325 102 Commissioners— removal from office-vacancy, etc., 309 98 Commissioners— rules governing appointments, removals, etc.. 311 99 Commissioners— salary and expenses fixed, 326 102 Commissioners shall publish rules, 312 99 Exceptions from classified list, 319 101 Frauds prohibited— examinations, etc., 328 103 Investigations by commissioners. 322 102 Investigations— power of commissioners over witnesses, 341 105 Laws not repealed by local improvement act, 674 229 Mayor may require report from commissioners. 323 102 Methods of appointment to classified service, 317 100 Notice of election for adoption of act, 347 107 Notice of examinations for classified service, 314 99 Paymasters to pay certified appointees only, 340 105 Payment for place prohibited, 334 104 Penalty for violation of act. 343 106 Political contributions and assessments prohibited, 329 104 Political services not to be considered in appointments, etc., 335 104 Promotions provided for, 316 100 Registers to be kept by commissioners, 315 100 Removals from office, 320 101 Report by commissioners to mayor, 322 102 Reports of appointments to commissioners. 221 101 Salary of commissioners. 326 102 Soldiers and sailors to have preference. 318 101 Trial board— salary of members, 326 102 What officers may prosecute violations of this act, 344 106 Witness fees in investigations, 341 105 CLASSIFICATION OF ALDERMEN: At first meeting of council, 69 61 CLASSIFIED CIVIL SERVICE: Definition of— appointments to, 310 98 (JLEANING STREETS, ALLEYS, ETC.: Provided for. 12th 24 CLERK OF CITY COURT; Election of provided for, 305 97 Election— duties— vacancies in office, etc., 290 94 CLERK OP CIVIL SERVICE COMMISSION: Appointment— powers and duties, 324 102 CLERKS OP COURT: To furnish names of convicts to election commission, 383 120 CLERKS AND JUDGES OP ELECTION: Appointment and qualification of, 376 116 Their powers and duties, 64 , 23 CLERKS OP ELECTION: Appointment and qualification of, 376 116 Appointment— removal, examination, etc., 378 117 Duty as canvassers, 41*! 138 Examination— confirmation— registration, etc., 377 117 May correct heading of tally list, etc., 439 148 May not engage in electioneering, 471 159 Notice of appointment— oath required of, 381 119 389 Index — Continued. LERKS OF EhEGTlON-Coneluded. ^^"^^ Not to be paid until certain receipts are shown, 443 . 150 Penalty for absence from polls, 428 142 Penalty for fraud or misconduct, 468 165 Penalty for fraud upon poll list, 454 154 Penalty for interfering with, 467 167 Presence at polls required, 427 142 Refusal to serve, etc— penalty, 377 117 Salaries fixed, 479 ......!.....! 161 Selection of by election commissioners, 389 121 Time allowed each, 480 181 To canvass precinct after registration, 399 130 To certify results of canvass, 441 149 To represent different political parties, 379 118 When to be paid by city, 481 . . 162 When to be paid by county, 482 ,',"', i62 jBRK OP ELECTION COMMISSIONERS: Appointment— oath— powers and duties, 373 115 Salary fixed, 478 161 )AL OIL: Storage of regulated by council, 65th 28 )CK FIGHTS: Prevention of by council, 50th 28 )LLECTORS: Final settlement for local taxes, 549 186 Paying over local taxes, 548 185 Settlements to be made every 30 days, 547 185 Shall make sworn statements of collections, 646 184 Shall pay over taxes to treasurer bi-weekly, 121 44 Shall take duplicate receipts for taxes paid over, 550 185 )LLECTORS, CITY: Appointment of by city council, 81 33 Commissioned by warrant, 84 34 Comptroller shall perform duties of, 112 , 40 Duties enumerated, 108 39 Salary fixed by ordinance, 94 36 Shall give additional bond, when, 611 174 )LLECTORS, COUNTY: Failure to account for collections— remedy, 553 185 Pallare to make required reports— remedy, 552 185 Settlement with municipal authorities' provided for, 651 185 Suit upon bond by municipal authorities, 554 186 )MBUSTIBLES: Storage regulated by city council, 65th 28 Within fire limits— prohibition and regulation of. 93d 31 )MMISSIONERS OF PUBLIC WORKS: Appointment of, 577 193 )MMISSIONS: To municipal officers, 84 34 >MMITTEE REPORTS: To be deferred on request, 60 20 IMPENSATION: For revision of ordinances, 35 17 Of aldermen and trustees may be fixed by ordmance, 93 36 Of mayor fixed by ordinance, 92 36 IMPTKOLLER: Appointment provided for. 81 33 Council may prescribe duties of, 113 41 May appoint assistant, 117 42 Powers and duties defined, 112 40 Shall keep record of municipal bonds, 114 41 Shall pay salaries to certified appointees only, 339 106 MTt.n4- V,{a onTiinol l-onnrt nllRll COTltaln. 112 40 390 Index — Continued. CONDEMNATION PROCEEDINGS: Ohloagro drainage district, 716 242 Property for sanitary purposes, 724 246 Property for water pipes, reservoirs, etc., 881 296 Property for water works, 860 289 Bight-of-way across railroad tracks, 89th 30 CONSERVATORS OF THE PEACE: Their powers and duties, 91 35 CONSOLIDATED MUNICIPALITIES: Provisions as to property, indebtedness, etc, 189 „. 66 Provisions as to tax levy, appropriations, etc., 190 66 CONSTABLES: Jurisdiction and duties not to be regulated by special laws, 22 7 May serve process and make arrests, 78 32 Special, not to be anon-resident, 267 85 CONSTITaTIONAL PROVISIONS: Applicable to municipalities 7, 8. 9 CONTRACTS: Awarding of for local improvements, 662 220 For collection of garbage, 1041 338 For joint drainage system, 691 235 For stationery, fuel, etc., to go to the lowest bidder, 94th 31 Letting of for local improvements, 649 219 Municipal ofScers not to be Interested in, 86 31 Not to be made in advance of appropriation, 99 38 Not to be taken by municipal officers, 244 82 Owners of frontage may take, 666 221 CONSTRUCTION OF BUILDINGS: And Are escapes regulated by council, 61st 28 CONVEYANCES: By school board, 797 271 Of premises noted on town plat, 223 '. 77 Of real estate by municipalities, 373 90 Of real estate to school ofttcers, 274 91 CONVICTS: Conveying to house of correction, 1066 345 Names of to be furnished to election commissioners, 383 : . . . 120 United States, may be received in houses of correction, 1070 346 COPPERAS CREEK DAM: Removal of provided for, 739 252 CORNER STONE: Effect of neglect to plant, 224 77 eOBONERS: Duty as to bodies interred without burial permit, 1152 369 CORPORATE NAME: Of cities prescribed, 10 12 COTTON: Inspection of provided for, 53d 28 Storage of regulated by council, 65th 28 COUNTY BOARD: Its jurisdiction in certain annexation proceedings, 206 73 May grant dram shop license, 749 256 COUNTY CLERK: Duties as to certificates of births and deaths, 1155 .370 Duties as to levee taxes, 566 190 Dutlesconcernineadoptionof city election law, 354! '.!.."!!.'.! !.'"." 109 Duty concerning copy of abstract of election returns, 446 150 Required to certify assessed value of property to auditor, 602 , 171 Required to register certain bonds, 601..., 171 Shallissuecertiflcateof election, 447,448 151 391 3UNTY COLLECTOR: Page. Duty ooneernine sales for delinqaent assessments, 685 232 oiilt against by municipal authorities, 554 185 OUNTY COURT: Appeal from in registration proceedings, 406 136 Duty as to registration of voters, 405 135 Judges may preside over city courts. 289 94 May determine right to use of water works. 197 ".'. 69 May hear proceedlnss for division of municipal property. 198 ". ' '. 70 ghall appomt election commissioners. 368 114 Shall enter abstract of votes on record. 446 160 Shall enter order for adoption of city election law. 362 '.'... ....'..'.'..!.....! 113 3UNTY JAIL: House of correction may be used in lieu of. 1065 345 May be used by municipality with consent of county board. 70th 29 3DNTY JUDSE: Canvassof votes for adoption of city election law. 362 112 Duties concerning organization of city, 5 U Duties concerning organization of vil lages. 138 47 Duties concerning organization of villages from another village. 151 .' ..'. 51 Duties in regard to annexation proceedings, 186 63 Duties regarding adoption of city election law, 354 109 May remove election commissioner on complaint, 370 114 Member of canvassing board, 445 , ' 150 Shall call election, 8 12 DUPONS: For interest on improvement bonds, 661 224 Payment of by county collector, 493 167 IIME: In reference to questions submitted at eleotidns, 474 160 JIMINAL CASES. IN CITY COURTS: Provision concerning, 286 95 UMINAL CODE: "Act concerning the quelling of mobs and riots 307 Act concerning violation of municipal ordinances 309 Act to punish fraud and extravagance, etc 300 Arrests without warrant, 914 304 Changing specifications etc.. 896 300 Damages occasioned by riot, act concerning 305 Execution of search warrants, 908 303 Extortion by municipal oficers. 902 301 Furnishing liquor to prisoners, penalty. 901 301 1 mprisonment in workhouses, 937 309 Intoxication of officers while on duty— penalty. 900 301 Magistrate may make arrest, 915 303 Nearest magistrate to hear case, when, 917 305 Omission and malfeasance of officers, penalty. 895 299 Penalty for taking illegal fees. 901 302 Posse comitatus. 913 304 Pursuit of felon, 9U 304 Recapture without warrant, 918 306 Search warrant fer records, 908 303 Search warrant— defense proceedings. 910 304 Shaving warrants— penalty, 903 301 Withholding funds-penalty. 906 302 Withholding records from successor- penalty, 907 303 tOSS-WALKS: Provision and regulation of, 16th 25 lUELTY TO ANIMALS: Prevention and punishment of. 73d 29 Societies for prevention of, 996 327 7LVBRTS: May be maintained by council, 29th 26 rCLONES: Damages to public buildings by. 571 191 392 Index — Continued. D DAMAGE CAUSED BY MOBS AND KIOTS: Pagb Act to indemnify property owners 305 Action against party engaged, 922 306 Action against municipality— how brought, 922 305 Action of city against rioters, 923 306 City may settle claim, 925 305 City's liability for three-fourths value of property, 91a 305 Negligence of owner defeats recovery, 921 305 Notice to city of claim by injured party, 924 305 DAMAGES; Suit by husband, wife, etc., against dramshop keeper. 767 258 To property in sanitary district" 734 249 DAMS: Henry and Copperas creek— removal of . 739 262 Mud Lake valley authorized, 714 242 DECREES OP CITY COURTS: How enforced, 298 96 DEEDS, GIFTS AND BEQUESTS: To public hospitals, 1016 332 To fireman's pension fund, 986 324 DEFACTO TOWNS: May organize as villages, 157 53 DEFAULTER: Not eligible to office, 85 31 To municipality ineligible to office, II 8 DEFECT IN NOTICING ELECTION: No defense for violation of election law, 473 159 DEFINITION: Election and householder defined, 474 160 Nuisance defined. 1106 357 Vagabond defined, 1108 358 DELINQUENT ASSESSMENTS AND TAXES: Act concerning 231 County Collector's duties concerning, 685 232 County collector to advertise, 681 231 Description difi'ering from tax book,681 231 Description of lots in county collector's returns, 682 231 Municipaliiy may buy in lots, etc, 683 232 Proceedings to conform to laws relating to State and county taxes, 682 231 DESPLAINES RIVER; Act for removing obstructions from 243 Diversion of its waters, 713 240 Relation to sanitary channel, 739 261 DISCONNECTING TERRITORY PROM MUNICIPALITY: Act of 1901 relating to 57 Petition— ordinance, etc., 170 57 Proceedings in court, 166 56 DISEASE: Suppression of by council, 78th 29 DISORDERLY ASSEMBLIES: Prevention and suppression of, 72 29 DISORDERLY CONDUCT: Prevention of by council, 69th 28 DISORDERLY HOUSES: Suppression of by couecU, 46th 27 393 Index — Continued. DISPENSARIES: p^OE Establishment and control of. 77th 29- DISTILLERIES: Location and regulation of, 82d 29 DISTILLERS: Licensing and regulation of, 9l3t 30 DISTURBANCES: ProTontlon and suppression of by eounell, Vh\ 39 DITCHES AND DRAINS: To be opened and maintained by railroads, 27th 26 DIVISION OF INCORPORATED TOWNS: Act of 1891 providing for 68 Annual tax— pro rata share, etc., 181 61 Division of property and indebtedness, 180 6^ Manner of disconnecting— election— notice— officers, etc., 176 58 More than one petition presented, 177 6ft New town— vesting property, etc., 179 . 60 Not to affect assessments already made, 178 60 Proceedings commenced for Improvine streets prior to division, 1S2 61 Provision as to sewers, 183 62 Provision as to officers— justices of the peace, etc., 184 62 School districts, 185 62 DOCKAGE: Rates may be fixed by council, 36th 26 DOCKS AND LEVEES: Control of by sanitary district, 723 215 May be constructed by council, 32d 26 DOCKETS: Kept by circuit court of decrees In city court, 299 96 Shall be kept by election commissioners, 477 180 DOGS: Dog fights to be prevented by city council. 59th 28 Running at large regulated by council, 80th 29 Taxation of by council, 80 29 DRAINAGE: Act concerning outlet sewers 235 Act to create sanitary districts. , 243 By special assessment, 688 234 Chicago organized as a drainage district 241 Contract for joint system authorized, 691 235 Cost of repairing outlet sewers, 693 235 Improvement districts in eertai n municipalities, 702 238 Joint sewers by contiguous municipalities, 690 234 Outlet sewers by special assessment, 692 236 Petition for outlet sewer, reservoirs, etc., 696 236 Proceedings for special assessment, 689 234 Proceedings in assessment for outlet sewers, 698 237 Heal estate may be acquired for drainage purposes, 694 236 Sanitary channel, use of by outlying territory, 741 262 Several acts concerning 234 Special assessments for outlet sewers, 692 235 DRAINS: May be constructed by council, 29th 26 Municipalities may construct, 687 234 DRAMSHOPS: Act concerning licensing for sale of liquors 255 Electionfor granting license, 203 71 Evidence in proceedings under act, 726 260 Granting of licenses. 748 255 Indictments and fines underact, 760 269 Judgment against keeper— enforcement of , 768 259 Liability of dram shop keeper, 756 268 License by county board, 749 256 License— form of— revocation of, etc., 751 266 T.,-«n^an +i^ Doll YvioU Hnnnva nTilv. 750 S.fjfi. 394 Index — Continued. •DEAM. SE.OPS— Concluded. Page Nuisance— penalty— bond, evidence, 755 258 Ordinance no defense in prosecutions, 763 260 Procuring liquors for minor, etc.. prohibited, 754 267 Sale of liquor to minors prohibited. 753 257 Suit for.damages against keeper, 757 258 Suit before justice for damages, 759 269 Unlawful selling defined, 761 259 DRAYS: Licensed and taxed by council, 42d 27 DRIVERS: Of hacks, drays, cabs, carts, etc., regulated by council,t42d 27 DRUGWISTS: Permits granted to sell liquors, 46th 27 DRUNKARDS, HABITUAL: Sale of liquors to, 48th 27 EDUCATION: Constitutional provision concerning, 3 7 See "Schools.'"^ ELECTIONS: See '■ City Election Law." Annual in villages, 146 49 Certain elections legalized 14,16 For acquiring or enlarging water works, 887 : 296 For adoption of civil service act, 346 106 For and aerainst water works, 870 291 For annexing one municipality to another, 186 63 For annexing territory to a municipality, 159 64 For change of city to village organization, 160 60 For consolidation of municipalities, 160 54 For division of incorporated towns, 176 68 For dramshop license. 203 71 For establishing or abolishing city courts, 304 97 For issuing bonds in payment of railroad debts, 506 172 For issuing refunding bonds, 491 165 For issuing refunding bonds, 516 175 For levying a levee tax in certain municipalities, 565 189 For minority representation in city council, 60 21 For organizing sanitary districts, 717 243 For organizing under common school law. 800 271 For organizing village from new territory, 139 48 For organizing village from part of another village, 152 51 For re-organization of town as a village, 134 46 For village organization— return— canvass— record of result, 139 48 General provisions concerning, Artible IV 21 Municipal— opening and closing of polls, 349 107 Municipal— when on same day as town election, 350 108 Of boards of education, 789 268 Of certain police magistrates legalized, 255 85 Of chairman pro tcm. of council, 45 20 Of clerk of city court, 290 94 Of judge and clerk of city court, 305 97 Of judges of city courts provided for, 288 94 Of officers in newly organized cities, 7 12 Of officers in newly organized villages, 140 48 Of police magistrates in certain municipalities, 251 84 Of police magistrates in villages, 148 60 Of president of board of education. 787 268 Of school boards in certain cities, 836 282 Of supervisors not to be authorized by special laws, 22 7 Of village officers in certain cases, 156 62 Of village president, 236 80 Places to be designated by council, 63 23 Result to be declared by council and recorded on journal, 64 23 Separate ballot required for proposition s submitted, 352 108 Special may be ordered to fill vacancy in council, 67 23 Special may be provided for by village ordinance, 146 49 Submitting questions of public policy, 351 108 Time of holding in certain municipalities, 360 108 To be conducted as elections for county officers, 64 23 To fill vacancy in council, 39 19 The word defined, 474 160 395 Index — Continued. ELECTRIC JjIGHTS: ^^^^ Consent of property owners to erection of poles, 893 298 ELEVATED RAILROADS: On street or alley exceeding one mile in length, 1120 362 Petition for construction of . 11)9 '.'.'.'.'.'.'..'.'..'..!'.'. !!.'.!! !!'.. 363 EMERGENCY TAX: In sanitary districts, 737 251 ENGINEERS: Examination and licensing of, 1029 336 Municipalities may issue license to, 1028 336 ENGINE HOUSES: Erection of by city council, filth 28 ERASURE OP NAMES: Prom reeister of voters— proceedings— notice, etc., 404-405 135 EVIDENCE: Proof of municipal records, 894 299 Prosecutions under dram shop act, 762 260 EXAMINATIONS: For promotion in classified civil service, 316 100 Under civil service commissioners, 313 99 EXCLUDING TERRITORY: Prom municipality, 159 54 EXECUTION: Against dramshop keepers, 758 259 Patrolman's pension fund not subject to, 995 327 Police pension fund exempt from, 979 322 EXEMPTIONS FROM TAXATION: Municipal property, charitable institutions, etc., 4, 10 8 Property exempt under revenue laws, 545 184 EX OFFICIO: City clerk «a; o^cio town clerk, when, 1139 367 Chairman board of health ea; o^«io examiner of plumbers, 1035 337 City officers ex officio police pension fund commissioners, 963 314 City officers exoMoio trustees firemen's pension fund, 965 318 City officers ex oMcio trustees police and firemen's pension fund. 944 311 City treasurer ex officio treasurer firemen's pension fund. 968 319 City treasurer ex oj9sc«o treasurer police and firemen's relief fund, 944 311 County treasurer ea; officio town collector, 1139 267 Election commissioners of one city ex officio commissioners of another, 486 162 M&voi ex officio member of art commission, 1016 339 Mayor ea; o^cio inspector of house of correction, 1058 342 Members of common council ex officio school officers, when, 817 277 EXPLOSIVES: Manufacture of a nuisance, when, 1106 357 Storage of regulated by council, 66th 28 EXPENDITURES: Not to exceed appropriations, 98 37 EXPRESSMEN: Licensed and taxed by council, 42d 27 F FAILURE TO QUALIFY: Creates a vacancy, 66 23 FALSE CANVASS OP RETURNS: Penalty for making, 456 156 aye Index — Continued. PAST DRIVINS: PAGE ©n bridges controlled by municipalities, 272 90 ?EES AND SALARIES: Constitutional provision concerningr, 11 ' S Election commissioners and chief clerk, 478 161 Officers and employes of villages. 242 81 Treasurers and collectors, 514 ns TEES, ILLEGAL: Private remedy provided for, 905 302 ?EES: Auditor for registration of certain bonds. 501 171 Auditor for registration of municipal bonds. 492 16R Clerks of city court and of circuit court, 300 96 Collectors of certain special tax, 498 169 Jurors in city courts. 301 96 Not to be increased or diminished during term of office, 11 g State's attorney and sheriff in city courts, 291 94 To be prescribed by village ordinance, 144 49 To be paid collectors in certain cases, 511 174 Penalty for taking illegal fees. 94 36 TBLONT: Deceiving voter with fraudulent ballot, 463 156 False canvass of election returns. 466 165 Fraudulent casting, removing or changing of ballot, 457 165 Injury to ballots or ballot box on election day, 468 158 Neglect of duty by judge or clerk of election, 363 .' 113 Neglect of duty by officers of election. 439 148 Person guilty of not entitled to vote, 464 157 Stealing, defacing, destroying or falsifying election document, 459 166 Stealing or mutilating election returns, 364 113 Violation of city election law. Article V 152 Voting by convict not pardoned, 464 , 157 FENCING RAILROAD TRACKS: Within corporate limits, 26th 25 'ERRIES: Controlled by municipalities .271 89 Establishment and control of by council, 87th 30 May be bought, leased, built and maintained, 270 89- 'ERRIES AND BRIDGES: Act concerning 88 'IGHTING: Prevention of by council, 69th 28 ILING: Bonds of city officers, 83 31 Order for change of name of municipality, 214 74 Petition for submission of propositions to be voted for, 351 108 Proposed new name for municipality. 209 73 Result of certain election with Secreary of State 13 . 13 Statement of landlord. 391, 392 .. .. 122 Transcript of organization proceedings. 13 ]....!.!...!....!!!.... 13 INANCE: Acts concerning municipal bonds and warrants 163 Article containing general provisions concerning, VII 37 Financial committee may decide certain controversies, 116 41 Financial officers shall perform duties required by ordinance. 115 .41 Finances of municipality under control of council. 1st 24 INES: Enforcement of against violator of dram shop act, 760 269 Must be paid before discharge of offender. 475 160 Provided by ordinance not to exceed $200, 96th 31 Shall be paid to treasurer. 75 32 To be paid into school fund, 815 [.,',', ... 276 To be paid into village treasury, 147 60 397 Index — Continued. E APPARATUS: May be proTided by eouncil, 64th 28 E CRACKERS: Regulation of use of by council, 65th 28 E DEPARTMENT: insurance companies taxed to support, 118 42 ;E ENGINES: Exempt from taxation, 545 184 Maybe provided by council, 64th ..'!.!.!.!.!...!.!.!, .!i.!!.!! 28 ;E ESCAPES: Construction of may be required, 61st 28 ;E INSPECTORS: Act concerniuK 87 Judicial powers of , 266 87 Penalty for neglect of duty, 267 88 To investigate cause and keep record of fires, 264 87 ;E LIMITS: May be prescribed by council, 62 28 Wooden buildings prohibited within 62d 28 iES: Precautions against by council, 63d 28 tEMEN'S PENSION FUND: Act to create board of trustees for 318 Annual reports concerning State fund, 978 322 Beneficiaries nnder former act, 972 320 Board may draw fund from city, 968 319 Board of trustees provided for, 965 318 Creation of fund provided for, 964 318 Death while on duty entitles widow to pension, 971 320 Duty of mayor — warrants drawn on fund, 976 321 Investments of by board, 968 819 Management of — assessments — records, etc., 966 318 Not subject to attachment or execution, 979 322 Payments made on warrants only— interest, 977 332 Retirement for disability. 970 ' 319 Retiremont for long service, 973 320 Rewards, gifts, devises, etc., 967 318 Treasurer— books and accounts— bond, 975 321' To whom act applies, 974 321 IE PLACES: Construction of regulated by council, 63d 28 SEWORKS: Regulation and restraint of, 65th 28 ;CAL YEAR: May be fixed by ordinance, 96 37 !H: Inspectionof provided for, 63d... 28 Sale of regulated by council, 50th ii AGMEN: At railroad crossings, 27th 26 AGS AND BANNERS: Across streets regulated by council, 19th 25 OUR: Inspection of provided for, 53d 28 REIGN FIRE INSURANCE COMPANIES: Act concerning tax or license fee 322 . . J J. *1 — «* I1U .. . . ._ Az 398 Index — Continued. FORESTALLING: Paoe Prevention and punishment of, 51at 27 FORFEITURES: Recovery and payment of, 476 160 FORMS: Affidavit challenging registered voter, 397 128 Affidavit for erasure ef name, 403 131 Affidavit for application to erase name from election register, 104 135 Affidavit of rejected applicant for registration, 397 129 Affidavit of applicant whose right to register is questioned, 401 133 Ballot for adoption of city election law, 355 110 Ballot for organization of city or village, act of 1872,3 10 Ballot for minority representation in city council, 60 22 Ballot for police pension fund, 943 310 Ballot for water works proposition, 871 291 Bonds for local improvements, 661 224 Bonds for water works, 874 292 Certificate of judges— adoption of city election law, 364 109 Certificate of registration board, 396 128 Endorsement on improvement bond, 704 240 Improvement bond, 661 224 Notice of school election, for organization under general law, 799 271 Notice of school election for president of school board, 790 268 Oath for election commissioners, 371 115 Oath forjudges and clerks of election, 381 120 Oath for municipal officers, 83 33 Oath of applicant for registration, Ist 126 Petition for outlet sewer, reservoir, etc., 697 237 Register of voters under city election law 124,125 Special assessment notice, 619, 638 209,216 Verification list, city election law. 398 ; i 130 FOUNDRIES: Location and regulation of by council, 82d 29 FRAUDS: In civil service examinations, 328 103 FRAUDULENT BALLOT: Penalty for placing in ballot box, 467 155 FRAUDULENT DEVICES: Suppression of by council, 45th , E27 FUEL: To be furnished on contract with lowest bidder, 94th 31 FUNDS: Firemen's pension fund— act authorizing rSlS Municipal funds— place of deposit fixed by council, 104 ■ FI38 Patrolmen's pension fund— act authorizing ., P324 Police and firemen's relief fund— act authorizing ^'310 Police pension fund— act authorizing .'.'..............,...', 313 G GAMBLING HOUSES: Suppression of by council, 46th 27 GAMING ON BOATS: Municipal jurisdiction over, 233 79 GARBAGE: Act concerning disposition of ooj Appropriations for collection and disposition of, 1042!. 339 Regulation of disposal of by council, 15th .'.....'.'................... 25 GAS FACTORIES: Provided for, 13th 25 GAS PIPES: Consent of property owners required, 893 < 298 Laid under regulation of council, 13th !"!.!!!"!.!!.!!!.!!!.!! !!!!.!!!!!! 25 399 Index — Contin ued . GEESE: Page Bunnlng at large regulated by council, 80th 29 GENERAL ASSEMBLY: Powers and duties concerning municipal revenue, Article IX 8 Shall not pasa special laws, 22 7 GENERAL LAW OF 1872: For the incorporation of cities and villages 10 May be adopted by existing municipalities. 1 10 GENERAL POWERS: Of municipalities, 10 12 GENERAL PROVISIONS: Relating to municipal finances, 116, 118 41 GENERAL REGISTRATION: Methods, forms, etc., under city election law. 408 136 GENERAL SCHOOL LAW: Applies to municipalities, 785 267 GOATS: Running at large regulated by council, 80th 29 GIFTS: Deeds and bequests to public hospitals, 1016 332 GOVERNOR: Duty in case of mobs and riots, 932 308 May appoint railroad directors in certain cases. 607 : 173 Shall furnish list of pardons to election commissioners, 383 120 To appoint commission to inspect sanitary channel, 743 253 To appoint judge to fill vacancy in city court, 288 94 GROCERY: Location or removal of by council, 84th 30 GUNPOWDER: Manufacture of, when a nuisance. 1106 357 Storage of regulated by council, 65th 2» GUTTERS: Construction and regulation of by council, 67th 28 H HABITUAL DRUNKARD: Sale of liquor to, 763'. 26T HACKMEN: Licensed and taxed by council, 42d 27 HARBOR MASTERS: Appointment of by council. 39th 26 HARBOR REGULATIONS: May be made by council, 38th 26 HAWKERS: License of I by council, 4l8t 27 HEALTH: Promotion of by regulations of council. 7Sth 29 HEARTHS: Construction of regulated by council, 63d 28 400 Index — Continued. HENRY DiJI: Page Removal of provided for, 739 252 .HOLIDAYS: Election days in certain cities, 388 121 HOOKS AND LADDERS: Maybe provided by council, 64th 28 HORSE AND DUMMY ACT: Referred to, 70 31 Repeal of act, 1126 364 HORSE RAILROADS: Provision concerning, 24th 26 HORSES: Runotne at large regulated by council, 80th 29 Speed of regulated by council, 21st 25 HORTICULTURAL SOCIETIES: Property exempt from taxation, 3 8 HOSE CARTS: May be provided by council, 64th 2i HOSPITALS: City may aid non-sectarian, 1006 329 HOSPITALS, PUBLIC: Act authorizing establishment of in cities 330 Board of directors— appointment of, 1009 330 Deeds— gifts— bequests, etc., 1016 332 Directors' duties— meetings— funds, reports, 1014 332 Directors' term of ofaoe— removal, etc., 1010 330 Erection and control of by council, 77th 29 For whose benefit established, 1013 331 Howestabllshed— petition— election— notice, etc., 1008 330 Organization of board— powers and duties, 1012 331 Physicians- equal privileges accorded to, 1017 332 Rules prescribed by board, 1015 332 Vacancies on board- how filled, 1011; 331 What cities may establish, 1007 330 HOTELS: Must file statement with election commissioners, 391 122 Supervision of by State Board of Health, 1024 334 HOUSEHOLDER: The term defined, 474 160 HOUSES OF ILL FAME: Act prohibiting 367 Licensing and inspection of prohibited, 1104 367 Suppression of by council, 46th 27 HOUSES OP CORRECTION: Act authorizing establishment of 324 Application of other laws, 1067 345 Books— statements— accounts, etc., 1061 343 Cities may establish, 1057 342 Commitment to, 1065 345 Conveying convicts to— fees, 1066 315 County may use, 1064 344 Erection of authorized, 69th 28 Expenses of provided for. 1069 346 Federal convicts committed to. 1070 346 ^ Inspectors, appointment— term, etc., 1058 342 Inspectors, duties— compensation— record, 1060 343 Oath and bond of oflcers. 1073 , 346 Outside of corporate limits, 1074 347 Police powers over houses outside limits, 1074 347 Record of conduct— good time, etc., 1072 346 Reports- removal of ofttcers, etc., 1062 344 Rules— employes— appropriations, 1059 343 401 Index — Continued . HOUSES OP CORBECTION-OoncJuded. Page Salary of superintendent, 1072 346 Shelter department for females, 1068 345 Superintendent— duties— appointment— term, etc., 1063 ....'.'.'."!".'.'!!!..! 344 Teachers— matron— employes, etc., 1068 .... 345 To supersede hridewells, 1071 .'.'.'!.'.'..'.! 346 HIGHWAY COMMISSIONERS: May build sidewalks in unincorporated towns, 1111 360 HIGHWAYS: Vacation of— vote required, 1113 361 HUMANE SOCIETIHS: Act ooncerning fines, etc . 327 Pines to so to support of , 996 ]..!'.!.'.!!.'.!..!.!.!! 327 To be incorporated under laws of State, 997 327 HYDRANTS: Construction and regulation of, 57th 28 I IDIOTS: Sales of liquor to may be prohibited by council, 48th 27 ILLEGAL PEES: Private remedy provided, 905 302 ILLINOIS RIVER: Act for removing obstructions from 243 As related to sanitary channel, 739 251 IMMORAL PUBLICATIONS: Prohibition of by council, 46th 27 IMPROVEMENT BONDS: Form of prescribed, 661 224 Interest on— how paid, 667 225 Payment of assessment in bonds, 664 225 To be issued at par. 662 224 IMPROVEMENT DISTRICT IN CITIES: Aid may be required of railroad company. 706 240 Corporate authorities to make survey, 703 239 May issue bonds, 704 239 Payment of bonds, 705 210 Powers granted— how made effective, 708 241 Property of minors, 707 240 Rights of bondholders, 709 241 Survey— costs— benefits, etc., 703 239 IMPROVEMENTS: Commenced before division of incorporated town, 182 61 IMPROVEMENTS, LOCAL: Aotof 1897 relating to 193 Act relating to delinquent assessments 231 A ot relating to municipalities subject to overflow 238 Act relating to outlet sewers, reservoirs, etc 236 Act relating to sidewalks built by special assessment 228 Act relating to special assessments in installments 232 To be discontinued when property has been destroyed, 557 187 See "Local Improvements." IMPRISONMENT: For violation of ordinance. 76 32 In houses of correction, 1066 :i---i;:i "J? Provided by ordinance not to exceed six months, gbth 31 ';ifi 402 Index — Continued . INCORPORATED CITIES: Paob May adopt act of 1872,1 10 INCORPORATED TOWNS: Division o{ provided for. 176 58 Havine de facto oreanizations may reorganize as villagres, 157 63 May reorganize as villages, 131 16 Sewers, waterworks, lights, etc., when town is divided 50 INCORPORATION OF MUNICIPALITIES: Not allowed under former laws, 149 60 INDEBTEDNESS, MUNICIPAL: Not to be extinguished by special laws, 22 7 Private property not liable for, 10 8 When an incorporated town is divided, 180 60 INN: Must file statement with election commissioners. 391 122 INSPECTION: Brick, lumber, wood, coal, hay, etc., provided for, 64th 28 Election registers by the public. 430 140 Lodging houses In cities authorized 3Sl Meat, butter, tobacco, flour, etc., provided for, 63d 28 Steam boilers provided for, 67th 29 Weights and measures provided for, 65th 28 INSTALLMENTS: Assessments for local improvements. 617 208 Bonds issued to anticipate installments, 661 223 Judgments on assessments, 630 212 Sanitary district improvements, 730, 731 248 Special assessments payable in, 686 232 INSURANCE PATROLMEN'S PENSION FUND: Act authorizing creation of fund 324 Annua] report concerning fund, 994 327 Beneficiaries of fund. 989 326 Cities to which act applies. 934 324 Control of fund— rules and regulations. 985 324 Fees, gifts, rewards, etc., to go into fund, 986 324 Fund not subgect to execution 327 Investment of fund provided for, 987 325 Payments from fund— deposit— interest, 993 326 Retired pensioners— widows, etc., 990 325 Retirement of member— pension, 988 326 To whom act applies. 991 326 Treasurer of fund— bond, etc, 992 326 INSURANCE: Licensing and taxing of foreign companies, 118 42 Superintendent's report of, to fire inspector. 265 87 Taxation of companies by municipalities, 675 192 INTEREST: On assessments for local improvements, 617 208 Interest paid on warrants and juror's certificates 182 Payment of. on improvement bonds, 667 225 INTERMEDIATE REGISTRATION: Rules governing, 413 138 Signing and certifying resi sters, 411 138 Use of verification lists, 410 138 INTOXICATION: Prevention of, by council, 59th 28 While in discharge of official dutle8,900 301 INVESTIGATIONS: By civil service commission, 322 102 By fire inspectors, 267 84 ITINERANT MERCHANTS: Licensing and taxation of , 250 S3 Peddlers, hawkers, etc., under control of city council, 42d 27 Soldiers and sailors to pay no fee for license, 1055 342 403 Index — Con tin ued . J JOINT SEWERAGE SYSTEM; paoe Act authoriziner formation of 234 JOLIET: As related to sanitary channel, 739 262 JOURNAL OF PROCEEDINGS: Must contain entry of result of elections, 64 23 Sliall be Isept by city council, 47 20 Transcript of to be filed with Secretary of State, 13 13 JUDGE: Not disqualified because a resident of municipality, 130 46 JUDGE OP CITY COURTS: Election— qualification— powers, etc, 288 94 Election of, 305 97 May exchauee with judge of appellate and circuit court, 289 94 Salary fixed, 306 98 JUDGES OP ELECTION: See "City Election Laws." JUDGMENTS: Delinquent lots for sidewalk assessments, 619 230 Effect of in local improyement proceedings, 631 212 In condemnation proceedings for local Improvements, 605 203 Of city courts— enforcement— effect of, 298 96 Of city courts— transcript to be Isept by clerl: of circuit court, 299 96 JUDICIAL NOTICE: Of municipal organization, 6 11 JUNK STORES: Licensing and regulation ot provided for, 95th 31 JURAT: Must be attached to oaths in writing, 488 - 163 JURISDICTION : Of city courts defined, 2S4 93 Of city council lor quarantine purposes, 51 i« Of county boards in certain annexation proceedings, 206 i 73 Of courts in local improvement proceedings, 612 206 Of justices of the peace, 77 32 Of justices of the peace after annexation of municipality, 201 70 Of police magistrates and justices in village oases, 147 50 Of police magistrates in certain municipalities, 253 84 Of municipalties bordering on any river. 233 79 Of municlpalties bordering on Ohio river, 232........ 79 01 municipality located in two or more counties, 234 79 Of municipality over water works, 126 46 Of municipality to which another is annexed, 186 M Of municipal officers over police districts, 262.. »o Over waters within or bordering on corporate limits, 79 ii JURORS: Feesof in city courts, 301...... 96 Qualification of in certain actions, 130 4t> JUSTICE OP THE PEACE: Appeals from to city court, 295. ;■:■■■■■■■■,■■,■■,■ ■■■■■ii ^l Jurisdiction and duties not to he regulated by special laws, 22 7 Jurisdiction in actions under city ordinances, 77.. 3i Jurisdiction after annexation of municipality, 201 70 Jurisdiction in village cases. 147 o" Suit for damages before, 769. ■^»» Where towns are divided, 184 "' 404 Index — Continued. K KINDEKGAKTENS: School boards may establish, 840 283 Teachers in must hold certificates ot examination, 811 281 KITE-FLYING: Prevention and regulation of by council, 92d 30 li LABOR ON STREETS: May be regulated by ordinance, 268 88 Paving, grading, altering, etc., 7th 21 LAKE MICHIGAN:! As related to sanitary channel, 739 251 May receive flood waters of the Desplains, 712 241 LAND GRANT: Dearborn park for library purposes, 1093 353 To Chicago for pumping station, 1053 311 LAND FOE CEMETERIES: May be purchased by council, 79th 29 LANDING OP BOATS: Controlled by council, 31th 26 LANDLORD: Annual statement to county clerk in certain cities, 1027 336 May be cited to appear before election commissioners, 392 122 Nust keep register of lodgers, 1026 331 To file statement with election commissioners, 391 122 LARD: InspePtion of provided for. 53d 28 Sale of regulated by council!50tb 27 LEVEES AND DOCKS: Building and maintenance of by council, 32d 25 LEVEES AND DYKES: May be constructed by municipalities, 687 234 LEVEES AND LANDINGS: Act authorizing municipalities to lease 356 Municipalities may lease. 1102 356 Ordinance for lease of, 1103 356 LEVEE TAX: Not to prevent two per cent levy for corporate purposes, 569 190 Repair and maintenance of levees, 565 189 LIABILITY: For aid to railroads limited 177 For bonds, not incurred by State, 191 167 For contempt of election officers, 380 118 For damages by sanitary district, 735 219 For damages caused by riots, 919 305 Not assumed.by State for payment of certain bonds. 501 171 Of municipality not affected by change of organization, 12 12 Of railroad for damages to live stock, 26th 26 LIABILITY OF OFFICER: For failure to deliver books and records to successor, 84 34 For wrongful sale of land, 611 217 405 Index — Continued. BRARIES. FREE PUBLIC: Paok Act to enoouraffe establishment of In cities, etc ... 354 Act authorizine erection of In Dearborn Park. Chicago 352 Act authorizing establishment of.. 347 Brorpwlng money for-tax— levy-rents," etc.i'ioso!!;.' ■;."";;■"." "]'.'."'.[['.'.]]] 351 Buildinffs— plans-co8ts-6 mill tax, 1087. ... 350 Contract for buildlne, 1089 351 Corporation— how formed. 1096 351 Destruction of by Chicago fire, 1C86 !! 350 Directors— appointment of by mayor, 1076 347 Directors— compensation— vacancy, etc., 1078 '. 348 Direotors—ln villftgee, etc.. 1086 360 Directors— organization— powers— funds, Vyfy".'. .'.'.'. 348 Directors— term of ofloe- removal. 1077 . . 348 Donations— deeds— bequests, etc., 1083 349 Erection of building-investment of funds, 1088 '.'.'..'.'.'. .""' 351 Exempt from taxation, 545 184 In villages, towns and townships, 1084 349 Municipalities may establish, 1075 347 Ordinances- penalties, etc., 1082 349 Perfecting organization- corporate purpose, 1097 ..'."... 354 Petition foi^eiection— tax— funds, 1084 '..'...'. 349 Powers— members— property— report to Governor, etc., 1098 355 Purchase or lease from library associations, 1091 351 Report of directors, 1081 . 349 Trustees may form corporation, 1095 .354 Who may use, 1080 348 BRARY ASSOCIATIONS: ".S Act authorizing sale of property by 351 May sell to public libraries— meeting— notice, etc., 1091 361 Stockholders— vote— transfer, etc., 1029 352 BRABY, CHICAGO PUBLIC: Act authorizing erection of building for 352 Dearborn nark donated for site, 1093 353 Soldiers' Home may sell interest in site, 1094 353 CENSES: Act ooneerning plumber's license 337 Fees for shall be paid to treasurer, 75 32 For dram shops issued by county board, 749 256 For foreign fire insurance company, 748 256 For keeping dram shop, 748 255 Form of for dram shops, 761 256 Maybe issued and revoked as provided by council, 4th 24 Of ferries and toll bridges by municipalities, 87th 30 Of houses of Ill-fame prohibited, 1104 357 To auctioneers, brewers, distillers, etc., 91st 30 To foreign fire insurance companies by municipalities, 118 42 To junk dealers and second-hand stores, 95th 31 To keep dram shops in annexed prohibition territory, 20.3 71 To persons in charge of steam boilers, 1028 336 CENSING AND TAXING: Runners for stages, cabs, hotels, etc., by council, 43d 27 Ten-pin alleys, billiard tables, etc., by council, 44th 27 CENSING: Of hawkers, peddlers, pawnbrokers, etc., 41st 27 Of Itinerant merchants, 250 83 Of sale of liquors, 46th 27 Of tugs and wharf boats by council, 35th 26 EN: Waterworks a lien on premises, 861 289 GHT AND HEAT: Act concerning lighting and heating companies 289 GHTING OP STREETS. ALLEYS, ETC.: City council may provide for, 11th 24 System may be used by annexed territory, 197 — 69 Taxation for maintenance of plants, 664 189 406 Index — Continued. LIQUORS : Paqb Licensing and proliibition of sale, leth 27 Prohibited at places of election or registration, 472 169 Sale of by pharmacists for certain purposes, 748 25S Sale of to minors, idiots, servants, etc., 48th 27 See "Dram Shops." LIST O P MUNICIPALITIE S : Shall be kept by Secretary of State, 211 , 74 LITERARY INSTITUTIONS: Their charters protected, 47th 27 LIVERY STABLES: Licensing and regulation of by council. 91st 30 Location and regulation of by council, 82d 9 LIVE STOCK: Running at large regulated by council, 80 29 LOCAL IMPROVEMENTS: Abating excess of assessments, 669 222 Accepting bids— forfeiture, etc.. 652 220 Act concerning reports to city council 93 Act concerning special assessments, etc 193 Act does not repeal certain act concerning sidewalks, 674 228 Act does not repeal civil service' laws, 674 228 Acts of board conclusive, 668 222 Adoption of act by corporate authorities, 673 227 Adverse claimants, 603 203 Affidavit of ownership, 594 200 Appeals from final judgment. 670 220 Application for judgment of sale. 641 21G Apportionment of cost. 614 206 Assessment modified by court. 627 212 Assessment roll, 616 207 Assessment roll— certification of. 636 214 Assessments by installments. 617 208 Attorney for board. 658 222 Board of— how constituted, 581 194 Board of must recommend ordinance, 680 194 Board of must report to council, 282 93 Bonds accepted by board, 658 222 Bonds and vouchers claims against assessments only, 666 226 Bonds— payment of, 663 224 Bonds— payment of interest on, 667 225 Bonds— retirement of. 618 209 Bonds— to anticipate installments, 661 , 223 Bonds— to issue at par and interest, 662 224 By general taxation, 124 44 By special taxation. 610 205 Certifying assessment roll, 636 214 Change of ownership of property, 602 203 Collectlonof assessments, 636 214 Collector's compensation, 645 218 Collector's demand, 639 215 Collector's duties, 639 216 Collector's notice, 638 216 Collector's report of delinquent tax. 610 216 Collector's report to be evidence, 641 216 Commissioner's certificates, 593 199 Commissioner's report, 590 198 Commissioner to assess damages and benefits, 589 198 Completing unfinished work. 657 221 Constitutional provision concerning, 9 8 Contractor's bonds, 657 , 221 Contracts made by board, 658 222 Contracts payable from assessments only, 648 218 Default on bids, 656 221 Deficiency provided for, 623 211 Delinquent list made by collector, 640 216 Description of property assessed, 615 207 Discontinuance in case of serious loss by fire, 657 187 Effect of judgment, 605 203 Effect of judgment. 631 212 Engineer for board. 668 222 Estimate of cost to be made, 585 197 Expenses of board— how paid, 669 226 Filing roll by commisslsners, 608 204 Hearing of objections, 623 210 407 Index — Continued. )CAL IMPKOVEMENTS-ConHjiued. Page. Infant or insane owners, 601 a03 Inspection ot work by board, S60 223 Judgment applies to installments. 630 . . .212 Jurisdiction of courts. 612 209 Jurisdiction of defendants— summons— service— etc., 596 .. 200 Jury may view premises. 600 202 Land must be acquired, prior to assessment, 628 212 Lettinprof contracts. 649.650 '..!...'.!'..!!'.'.! 218 Municipality may bid in at delinquent sale. 647 218 Municipality may do the work, 649 218 Net damage or benefit. 691 199 New assessment for completed work, 633 213 New assessment against delinquents, 635 213 Notice for letting: contracts, 651 219 Notice of award of contract, 654 220 Notice of proposed improvement. 616 207 Notice of special assessment. 619 209 Notice to owners, 696 201 Notice to parties assessed. 597 201 Objections may be filed. 621 210 Offset for land donated. 592 199 Order for assessment. 613 206 Order for possession. 606 204 Ordinance authorizing. 579 194 Owners of frontage may take contract. 655 221 Payment for work while in progress. 666 225 Payment of assessments in bonds. 664 225 Payments of bonds and costs. 663 224 Payments of money by collectors 218 Petitions addressed to board. 282 195 Petitions of property owners. 579 194 Precedence for trial in county court, 626 211 Preliminary hearing concerning propo&ed improvement. 582 '. 195 Proceedings preceding appeal, 607 204 Prior improvemenr no bar, 629 212 Private property taken or damaged, 588 197 Public hearing concerning proposed hearing, 583 196 Publication of ordinance. 586 197 Rebates— how declared and paid. 668 226 Rebates of assessments, 634 213 Recommendations of board, 584 197 Redemption after sale. 643 217 Remonstrances may be died. 683 ■ 196 Repeal of conflicting acts. 674 227 Repeal of ordinance authorizing. 281 93 Requested by majority of frontage, 609 205 Return of sale to county clerk, 643 217 Revenue laws to apply in delinquent proceedings, 646 218 Revenue laws to govern delinquent sales, 642 217 Review of assessment roll. 622 210 Revised assessment roll. 608 jO* Sale of delinquent lots and parcels, 642 Z17 Sale where assessment is paid— penalty, 644 in Separate trials, 599 ■;-a--v i;,n Sti Sidewalksmay be built by owners of frontage, 609 J05 Special assessments for. Article IX 44 Special assessments for, 6U ....... ^o» Supplemental assessments tor. 634 ^}| Treasurer's account— how kept. 648 ^is Trial to determine benefits and damage. 598 iui Trial by jury. 624 ' ^" Vacation of assessments. 632 :■••„•„■„• Hi Vouchers drawn against assessments. 6bii ^« Warrant to collector. 637.... ^i* Writs of error may issue, 671 "» )CKPOET: As related to theSsanitary channel, 739 252 )DGINQ HOUSES: Act authorizing inspection of 334 Act for regulation and Inspection of... 3^ Annualstatementtocountyclcrk.1027 ... . ..... Ma Architect's or builder's violation of a«t-penalty, 1021 333 Duties of health officers, 1020......... *M Failuretoflleannualstatement. 1027 ija M^f'o'rtl'lI^PrriSVTh'eaTtn^^^^^^^^^ m Plumbers subjict to Insttuctions of health department. 1019 333 408 Index' — Continued . Page LODGING HOUSES— <7o«c!«ded. Plumber's violation of act— penalty, 1022 333 Keelster—contenta— penalty, 1026 33t Booms and beds— requirements concerning', 1023 331 Statements required £rom, 391 122 Supervision of , by State Board of Health, 1024 331 LOTS: Shall be numbered in plat, 221 76 LOTTERIES: Suppression of by council, 45th 27 LUMBER YARDS: Licensing and regulation of by council, Olst 30 Prohibition and regulation of within Are limits, 93d 31 MAJORITY: Of all members elected required to pass ordinance, 18 20 Of council constitutes a quorum, 43 19 MALT LIQUORS: License to sell may be granted, 760 256 MANDAMUS: To compel Auditor to draw warrant, 633 181 MANUAL TRAINING: Departments may be established In high schools, 842 281 Petition for— notice— election, etc., 812 281 MAPS: Of annexed territory to be filed in recorder's office, 167 5T Ordinance requiring approval and recording of, 129 16 MARKETS: Provided and regulated by council. 19th 2T Public market houses exempt from taxation. 645 181 MASTER IN CHANCERY: For city courts, 292 9E MAYOR: A conservator of the peace, 91 35 Compensation of . 92 36 Has power of sheriff, within city limits, 28 17 May administer oaths. 95 36 May appoint certain of&cers, 677 193 May appoint civil service commissioners, 30S 98 May appoint police matrons, 259 86 May hold no other municipal office, 88 36 May veto whole or part of ordinance, 217 83 Powers and duties in police districts, 262 86 Powers and duties of, enumerated 16,17 Powers in conveying public property. 279 92 Pro tem. maybe elected by council, 24 16 Qualifications and term of office, 21 16 Shall be elected biennially, 66 21 Shall execute certain bonds, 499 169 Shall sign all warrants. 106 39 The term defined as relating to villages, 141 18 To perform all duties prescribed by ordinance, 30 17 Trustees, cs ojWcio, of police pension fund, 944 311 Vacancy in office— how filled, 22.23 16 MEAL: Inspection of provided for, 53d 28 MEATS: Inspection of provided for, 53d 28 Sale of regulated by council, 60th 27 MEASURES: Inspection and sealing of provided for, 65th 28 409 Index — Continued. [EASOEING: Page. Briek. lumber, firewood, etc., provided for. 54th 28 [EETINGS: Of oounoll, may be resulated by ordinance, 41 20 [EMOKIAL HALL: In ChieaEO public library. 1094 353 lENDICANTS: Restraint and punishment provided for, 74 29 [ESSAGES: To city council by mayor, 32 17 tILITIA: May be called out by mayor, 33 17 [ILL RACES: Through or across streets authorized, 88th 30 [ILLS: Location and construction of reeulated by council, 88th 30 [INIMUM POPULATION: For city prescribed, 4 11 For village prescribed. 148 \ ... .'.'.'.\'.\V.'.'.y.'.'. ".'.'. .'.'.'. 37 [INORITY REPRESENTATION: Maybe adopted by vote, 60 21 Method of electing aldermen, 238; V.....\..........'..'. ...W....'. 80 INORS : Owning property In Improvement districts, 707 240 Restricted in dealings with junic stores, etc.. 95th 31 bale of liquors to, 48th 27 Sale of liquors to, prohibited— penalty. 753 "!!!!"".!!'.!!!!!.'!!!!!!!!!! 267 ISCELLANEOUS PROVISIONS: Article X 45 ISCONDUCT OP OFFICERS. 34 17 ISDEMEANOR: Absence of election judge from polls, etc., 470 169 Breach of the peace at place of voting or reeistration, 466 167 Breaking seal of certain envelopes by election judge, 424 141 Certain offenses connected with voting, 353 153 Disobeying command of election judge, 465 157 Election clerk failing to perform duty as canvasses. 401 133 Electioneering by election oflieers. 471 169 Election judge accepting illegal or rejecting legal vote. 455 154 Falsifying poll list. 454 154 Fraud or misconduct of election officers. 458 156 Fraud in connection with registration of voters. 452 ISZ Illegal copying or use of election register, 426 142 Imprisonment for in lieu of fine, 476 160 Interference with election officer while on duty. 467 168 Mutllatlns or destroying election register, 422 141 Neglect of duty by precinct canvasser. 400 132 Not herein provided for. how punished. 465 167 Refusing police aid to canvasser, 399 131 Refusing to give Information to clerks of election. 399 131 Registering voter or receiving vote by minority of judges, 469 159 Sending or taking liquors Into polling pi ace, 472 159 Violations of cityjelection law, Article VI 162 Violations of civil service act, 342 106 ^BS AND RIOTS: Damages caused by— act concerning 305 Quelling riots— act concerning 307 See ' 'Riots." 410 Index — Continued. Page. MONEY CHANGERS: Licensing and regulation of, 91st 39 MONEY FOR CORPORATE PURPOSES: Provision for borrowing, 5tli 24 MONTHLY STATEMENTS: From municipal treasurer, 103 38 MORTALITY REPORTS: Furnished election commissioners, 384 120 MORTGAGE OF WATERWORKS: By municipality. 889 297 MDD LAKE VALLEY: Dam across authorized, 714 212 MUNICIPAL FUNDS: Monthly accounts of to be rendered by treasurer. 103 38 To be kept separate from personal funds, 104 39 MUNICIPAL INDEBTEDNESS: Constitutional limitation, 12 9 Not to be extinguished by special laws, 22 7 Private property not liable for, 10 8 MUNICIPALITIES: Judicial notice of organization. 6 11 Located In contiguous counties, 234 79 May transfer site, when, 218 75 Not to be incorporated by special ttcts, 22 7 Organization of— general law of 1872 concerning cities and villages 10 Subject to over-flow— act concerning 238 MUNICIPAL OFFICERS: Aldermen and trustees not to bold appointive oflce, 243 82 Continued in ofSce after annexation, 200 70 Election of aldermen by minority plan, 238... ^ 80 Election of village president provided for, 236 80 Empowered to make arrests in certain cases, 272 90 Fees and commissions of, 242 81 Non-resident constables and policemen prohibited, 257 SB Not to be interested in contracts, penalty, 244 82 Salaries to be fixed by ordinance, 240 81 Shall aid civil service commission, 325 102 MUNICIPAL PROPERTY: Division when new town is formed, 180 60 Exempt from taxation— constitutional provision, 3 8 Exempt from taxation— statutory provision, 544 184 Proceedings in division of, 198 70 MUNICIPAL RECORDS: How certified, 894 299 MUNICIPAL YEAR: Definition of, 132 46 sr NAME OF MUNICIPALITY: phange of provided for, 209 73 NAME AND STYLE: Of city, prescribed, 10 10 Of village prescribed, 141 48 NAMES OP PLACES: Not to be changed by special laws, 22 7 NAMING STREETS, ETC.: To be regulated by council, 23d 25 431 Index — Continued. VVIGABLE STREAM: Paqb Sanitary ohanDel when completed, 710 262 TRO-GLyCERINE: Storaee of regulated by conucil, 65th 28 3TICE: Application to erase name from reelster. 403 ... 134 Assessments for local Improvements, 697 201 Award of contract for local improvements, 664 '. '. 220 Civil service examinations, 314 ].. 99 Defect in election notice no defense, etc.,473 159 Election for adoption of act of 1872 concerning cities, etc.. 2 10 Election for adoption of city election law, 354 109 Election for adoption of civil service law, 347 107 Election for issuing municipal bonds. 491 165 Hearing petition for change of name, 212 74 Letting contracts for local Improvements, 651 219 Local improvements ordered, 616 207 Petition to circuit court in annexation proceedings, 162 66 Sale of municipal property, 278 92 School election— form— time, etc , 790 268 School election for reorganization, 799 271 Special assessment, given by collector, 638 216 Special assessment for local improvements, 619 209 Time and place of registration of voters, 386 121 To judges and clerks of election of their appointment, 377 117 To land owners in local improvement proceedings, 696 201 To of&cera elected or appointed, 66 23 To persons registered whose right is questioned, 400 131 UISANCES: Certain things declared nuisances, 1106 357 Dramshops violating provisions of act. 775 258 May be deflned and abated by council, 75th 29 Punishment for maintaining— penalty . 1107 358 CTMBBRING OP HOUSES AND LOTS: May be regulated by council, 22d 26 O ATHS: Administered by election judges, only, in certain eases, 431 144 Administration of by municipal ofEcers, 95 36 In writing must have jurat of proper officer, 468 163 Of civil service commissioners, 308 98 Of judges and clerks of election— city election law, 381 120 Of municipal officers, 83 33 For applicant for registration. 1st IZo Prescribed for election commissioners, 371 116 EJECTIONS: Hearing of in annexation proceedings, 163 56 Hearing of in local Improvement proceedings, 683 lao BSCENE PICTURES AND PUBLICATIONS: Prohibition of by city council, 45th 27 PPENSES: At election in city, village or town— penalties, 453 153 At general registration of voters— penalties, 462 16^ FPENSIVE BUSINESS: Certain business declared a nuisance, 1106 357 Prohibition of by city council. 83d »« FPICERS: Appointments by mayor, 82 ....•••■ •••• f' Election of in newly oreanized villages, 140 4S Excepted from classified cml tervice, 319 101 fe'bVrtme1w!tr/fl%e'ky*bfeiectVoj^^^^^ 23 Kicrafc^oSl'e^r^Sn^Tbe^fy'^^^^^^^^^ | Municipal, mutual relations to be defined by ordinance, 71st 29 412 Index — Continued. OYFIGERS— Concluded. Paoe Municipal, not to be interested in contracts, 86 3t Municipal, powers and duties of. Article VI 33 Municipal, qualifleations of , 85 31 Municipal, who are conservators of the peace, 9t 35 Not to be removed a second time for same offense, 27 17 Oath and bond, 83 33 Of village— appointment of , 144 49 Powers and duties prescribed by ordinance, 82 33 Status of when towns are divided, 184 62 Subordinate— who may appoint, 117 42 Vacancies filled by mayor, 82 33 OHIO RIVER: Jurisdiction of municipalities bordering on, 232 79 OMNIBUS DRIVERS: Licensed and taxed by council, 42d 27 0PENIN9 AND CLOSING OP POLLS: At municipal elections, generally, 319 107 Under city election law, 127 142 ORDERS OP CITY COURTS: Effect and enforcement of . 298 96 ORDINANCES: Approval and veto of, 217 83 , Approval and veto of by mayor, 63 20 Authoriziner local improvements, 679 191 Defining mutual relations of officers and employes, 71st 29 Duties of financial officers maybe prescribed by ordinance, 11 115 Enforcement of in municipality located in two or more counties, 231 79 Enforcement on waters bordering municipalities, 233,.. 79 Por annexation of one municipality to another, 160 64 For annual appropriations, 97 37 For approval of maps and plats, 129 46 For control of improvement district, 70S 241 For creating and discontinuing offices, 81 33 For disconnection of territory, 171 68 Por election of aldermen by minority plan, 238 80 For outlet sewers, etc., 700 237 For reservoirs, pumping works, etc., 695 236 For sale of municipal property, 277 91 For sanitary district— publication of, 721 245 Por tax levy, 119 13 How proved, 73 31 Manner of recording, 90 36 Maybe passed over mayor's veto, 61 20 May design ate depository of mnniolpal funds. 101 38 May fix commencement of fiscal year, 96 37 May fix compensation of mayor, 92 36 May prescribe duties of village officers, 114 49 May regulate regular and special meetings of council, 44 20 Of annexation to be filed in recorder's office 167 67 Of prior organization to continue in force, 11 12 Passage of over mayor's veto, 248 82 Prescribing duties of financial officers, 116 41 Proceedings for violation of, 76 32 Restrictions on such as provide fines and penalties, 96th 31 Revision of after change of organization, 35 17 Shall be published within one month of passage, 72 31 Style of in villages, 143 , 49 Style of in cities, 71 31 To be adopted on yea and nay vote, 48 20 Veto by president of village, 112 19 ORGANIZATION OP MUNICIPALITIES:! mS , A'l^ De facto towns may reorganize as villages, 157 53 City from new territory. 6 11 City from town or village, 1 11 City— reorganization under general law, 1. 2, 3 10 General law of 1872 for incorporation of cities and villages 10 Legalizing certain elections relating to organization 14, 15 Village from city, 150 50 Village from new territory, 138 47 Village from town, 134 46 Village from village, 151 51 413 Index — Continued. TLET SEWERS: Page Acquisition of real estate for, 69* . 235 Apportionment of eost by oommissionera, 697 237 Assessing and coUeotlnff cost of, 699 '". . 237 Assessment roll— making and return of, 698 .... ^^^ Bonds for oonstruotlon of. 701 " "■ . 238 Construction of by special assessment, 692 . 235 Petition— form of— flllng, etc.. 697 236 What ordinance may provide, 700 237 What ordinance shall contain, 695 '. 235 ENS: Construction of regulated by council, 63d 28 .CKING HOUSES: Location and regulation of provided for, 81st 29 BOONS: List of to be furnished by Governor, 383 120 .RENTAL OK TRUANT SCHOOLS: Act authorizing establishment of by school boards 285 Boards of education may establish, 856 287 Commitment of children to, 850 286 Duty of parent or guardian to inmates, 851 286 Establishment authorized, 846 285 Incorrigible inmates, 855 287 Parole reports— discharge, etc.. 853 287 Reception and admission of children, 849 285 Religious training— restriction concerning, 848 286 Rules— release— parole, etc., 852 286 Sltes—building—f urnlture— maintenance. 846 285 Superintendent— teachers— instruction, etc., 847 285 Violation of parole. 854 287 lBKS, boulevards and DRIVEWAYS: Act concerning establishment of 260 Act concerning acquisition of land for park purposes 262 Act concerning control of existing parks 261 Act concerning pleasure driveways 260 Bondsforpark purposes authorized, 775 262 Bonds for park purposes— payment of, 781 266 Bonds— issue— certification— endorsement—etc, 780 265 Bonds— purchase of by commlssioders, 783 267 Bonds— to absorb sinking fund, 782 266 Borrowing money for park purposes. 765 260 Boulevard and park tax provided for, 781 M, Cities may acquire and maintain parks, 764..... ^60 Corporate authorities may issue bonds, etc., 779 Mi Lands acquired for park purposes. 775 .-,•■- v ^°? MavbeestablishedandoontroUedby council, 7th.... 24 Municipality may transfer control to park board, 7id ibi Parks passing from control of commissioners. 772 ^i Pleasure driveways— how established, 766 ^60 Power of commissioners as to existing parks, 770 ibJ Sellingbonds.etc, 777 |64 Sinking fund provided for, 781 ^bb Tax for interest on bonds, 778 '»» lRTITION FENCES: Regulation of by council, 6Qth 28 lRTY WALLS: Regulation of by council, 60th 28 i.TROL WAGONS: Act requiring wagons to be closed or covered 336 Must conceal prisoners from public view, 1030 6db Jnlawful to use without covers, 1031 *!« tUPEKS: Not to be supported by municipalities, 614 184 414 Index — Continued, PAWNBROKERS: Pa8E. License and tax of by council, list 27 PAYMASTERS: To pay certified appointees only, 310 106 PEDDLERS: Licensed and taxed by council, list 27 Penalty for refusing to issue license, 1056 342 Soldiers and sailors to pay no fee for license, 10B6 342 PENALTY: Absence of election judges from place of registration, 170 169 Absence of election judges from polls on election day, 128 142 Appointment of non-resident as special policemen, 258 86 Architects violation of lodging house act, 1021 333 Attempt of unpardoned felon to vote, 161 157 Breach of the peace at place of voting or registration, 166 157 Breaking seal of envelope by judge of election, 121 141 Bribery of municipal ofaoers,87 31 Changing specifications of contract, 896 300 Damage to waterworks, 882 295 Deception of voter by changing his ballot, etc., 163 166 Disobeyin;r command of election judge, 165 157 Electioneering by election officers, 171 159 Exceeding statutory speed of railway trains, 1129 365 Excluding legal or accepting illegal votes. 155 115 Extortion of officers, 902 301 Failure of election clerk to perform duty as canvasser. 101 133 Failure of county clerk to perform certain duties, 354 110 Failure of landlord to file annual statement, 1027 335 Failure of officers to pursue felon, 911 304 Failure to act when summoned as deputy, 926 307 Failure to serve as election officer, 377 117 Failure to comply with orders of fire inspection, 267 88 Failure to issue license in certain cases, 1056 312 Failure to keep register of lodgers, 1026 331 Failure to plant corner stones, 221 77 Failure to pay insurance tax or license fee, 118 12 Failure to record plat of streets, alleys, etc., 229 78 False canvass of election returns, 156 155 False statement as to age of child, 821 279 False swearing in connection with election, 161 156 Falsifying poll list. 154 164 Fast driving on bridges controlled by municipality, 272 90 Fire inspectors neglect of duty, 267 88 Fraud or misconduct of election officers, 158 155 Fraudulent casting, removing or changing of ballot, 167 155 Fraudulent practices concerning registration, 152 152 Furnishing prisoners with liquor, 901 301 Illegal copying of election register, 426 142 Injury to ballot or ballot box, 468 158 Injury to poles and wires, 1117 362 Interference with election officers while on duty, 167 167 Intoxication of officers while on duty, 900 301 Landlord's violation of lodging house act, 1023 331 Maintaining a nuisance, 1107 358 Malfeasance of municipal officers, 895 299 May be imposed for enforcement of street labor ordinance, 269 88 Municipal officers engaging in city contracts, 246 82 Mutilating or destroying election register, 122 HI Neglect of duty by judge or clerk of election, 363 113 Neglect of duty by precinct canvasser, 100 132 Non-attendance at council meetings, 13 19 Obstructing officers or soldiers while quelling riots, 931 308 Obstructing public view of ballot box at polls, 129 113 Official misconduct, 31 17 Private detectives parading with arms, 935 308 Procuring liquor for minor or drunkard. 751 257 Provided by ordinance not to exceed J200, 96th 31 Refusing Information to precinct canvasser, 390 122 Refusing police aid to precinct canvassers, 399 131 Refusing to give information to precinct canvasser, 399 131 Registering a challenged applicant, 397 129 Registering voter or receiving votelby minority of judges. 169 169 Retaining excess of fees and commissions, 212 81 Retaining money by city collector, 110 10 Selling liquor in violation of act, 756 258 Sellingllquortominor, idiot, or drunkard, 763 257 Selling lots or blocks, without recording plat, 226 77 415 Index — Concluded. ^XhlY -Concluded. Stealine, destroying or falsifying election document, 459. . 156 Steallnsr or mutilating returns of certain election, 364 .. . 113 Subornation of perjury in connection witli elections, 462 166 raking illegal fees, 904 302 Taking or sending liquor to registration or voting place, kYz. 169 Using uncovered patrol wagon, 1032 337 Violations of city election law, 463 163 Violations of civil service act, 342, 343 .'.'.'.' 106 Violations of foreign fire insurance company act, 982 ..'.'. 323 Violations of lodging house act, 1022 333 Violations of malt liquor license, 750 256 Violations of municipal ordinance, 76 '.'.". 32 Violations of plumbers act, 1039 338 Violations of public buildings act, 1100 .'.'.'..'.".'. '." 356 Violations of sanitary district act, 737 260 Violations of truancy act, 822 !!!.'!"!!' 278 Violations of vital statistics act, 1167 ' ..' 370 Withholding public funds, 906 302 Withholding records from successor, 907 303 DRIA.: As related to sanitary channel, 743 253 RJURY: In connection with elections, 461 156 riTION: For acquiring new site, 219 76 For adoption of act of 1872 concerning cities and villages, 1 10 For adoption of city election law, 353 109 For adoption of civil service law, 346 106 For annexation of one municipality to another, 186 63 For annexing or excluding territory, 169 54 For annexing part or whole of municipality, 188 65 For changing city to village, 160 50 For changing name of municipality, 209. 73 For disconnection of territory— circuit court, 166 73 For disconnection of territory— to city council, 170 57 For division of unincorporated town, 176 58 For elevated railroad, 1119 363 For laying pipes or planting poles, 893 298 B'or lease or purchase of waterworks, 878 293 For organization of city, 5 11 For organization of sanitary district, 717 243 For organization of village from part of another village, 151 61 For organization of village from new territory, 138 47 For organization of village from town, 134 46 For reservoirs, pumping stations, etc., 696 236 For street railway, 90th ._ ; 30 For submission of question of issuing bonds. 491 165 For submission of question of public policy, 351 106 Priority of when more than one Presentedjj^j ■;;•"""""" •;"•;""■;;;•■";■;;; |^ TROLBDM: Storage of regulated by council, 65 28 J-STY: Cleansing or removal of may be ordered by council, 84th 30 A.TS: Certiflca,tlon— acknowledgment— record, 222 77 Failure to plant corner stones, 224...... 77 For new municipalities or additions. 221.. 76 Mustbemadebycompetentsurveyor, 221 76 Of streets, alleys, etc., to be made and recorded, 229 78 Penalty for selling unplatted lots or blocks, 225 77 Provisions relating to municipalities........ 76 To be approved by council before record, 129 46 Vacation of, 226........... " Vacation of part only, 227 ^^ EASURE DRIVEWAYS: Authority for construction of, 767 .... 261 Establishment of by municipalities, 766 260 See Parks, Boulevards and Driveways. 416 Index — Continued. PLUMBBES: PA( Act to provide forUeensIng 3 Board of examiners to issne certificates, 1031 3 Duty as to lodging houses. 1019 ; 3 Examination— certificate— fee, 636 3 Examining board— appointment— compensation, 1035 3 Must bold certificate of examination, 1033 3 Penalty for violation of act, 1039 3 POLES AND WIRES: Consent of city and county authorities, 1118 3 Unlawful to injure— penalty, 1117 3 Within municipal limits, 1115 3 POLICE: Character of patrol waeon prescribed, 1030 3 Force for sanitary district authorized, 744 2 Regulation of by council. 66th Shall aid precinct canvassers. 399 1 POLICE AND FIREMEN'S FUND: Act for relief of policemen and firemen in cities 3 Adoption of act— petition— election, etc., 943 3 Control of fund by board, 945 3 Creation of fund. 911 3 Death— disability— annuity, 948 3 Manner of paying out money, 950 3 Persons eligible to benefits, 919 3 Treasurer of fund, 946 3 Trustees of fund provided for, 941 3 Twoper cent of dram shop licenses to be used, 912 3 Warrants on fund— how drawn, 917 3 POLICE DISTRICTS: Actdefinlne I POLICEMEN: Powers and duties prescribed by council, 68th 1 Powers within police districts. 262 I Powers within sanitary district, 711 2 Special not to be non-residents 267 Transfer provided for, 202 POLICE ORDINANCES: Enforcement of, by council, 66th POLICE MAGISTRATES: Certain acts of legalized, 255 Appeals from to city court, 295 .' Election in villages— term— bond, etc., 118 Election- term of offloe— jurisdiction, etc, 261 Jurisdiction after annexation of municipality, 201 Jurisdiction and duties not subject to special laws, 22 Jurisdiction and location of of&ce in certain municipalities, 253 Jurisdiction in village suits, 147 When towns are divided, 184 POLICE MATRONS: Appointment of provided for, 259 Salary of, 260 POLICE PENSION FUND: Act authorizing creation of 3 Beneficiaries under prior acts, 963 3 Board of commissioners provided for, 963 3 Certificate of disability. 956 3 Creation of fund provided for. 962 3 Death while on duty. 957 3 Meeting of board— certificate— record— list— Quorum, etc., 960 3 Pension forfeited by crime, etc., 959 3 Pensioners to report to chief, etc., 958 3 Persons eligible to benefits. 954 3 Physical disability, etc.. 955 [' '.' '.' a Powers of board enumerated, 961 3 Treasurer's report to board, 962 "3 417 Index — Continued. POLITICAL CONTRIBUTIONS AND ASSESSMENTS: page Prohibited by civil service law, 329, 330 104 POLITICAL PARTIES: May desieuate chaUencrerB, 433 144 POLL BOOK: Form of— how kept, 430 143 Removal of from ballot box, 444 160 To be placed in ballot box after canvass. 442 149 To be supplied by election commissioners, 372 116 POLL CLERK: Penalty for false poll list, 4B4 164 POLLING PLACES: To be provided by election commissioners, 382 , 120 POLL LISTS: How kept, 64 23 Penalty for falsifying, 464 154 POLLS: Openine and closing of at municipal elections, 349 107 Opening and closing of under city election law, 427 142 PONDS: Pilling and draining of by council. 40th 26 POPULATION OP MUNICIPALITIES: Determined by latest census, 131 46 Secretary of State shall certify, 131 46 POSSE COMITATUS: Who may be summoned, 913 364 POULTRY: Inspection of provided for, 63d 28 Sale of regulated by council, 60th 27 POWERS AND DUTIES: Of mayor and council concerning approval of ordinances, 247 83 Of municipal officers, article VI 33 Of municipal ofBeers, in police districts, 262 86 Of police force prescribed by council, 68th 29 Of the city council, article V 24 PRECINCTS: Establishment and re-arrangement of by election commissioners, 374 116 PRESIDENT OF VILLAGE BOARD: Election provided for. 236 80 His maximum salary, 142 *» PRIVATE DETECTIONS: Notto parade with arms— penalty, 936 308 PRIVATE PROPERTY: Not liable for mnniolpallndebtneas. 10........ 8 Taken or damaged for local improvement, 689 19S PROCEEDINGS: Forenforcement of ordinance, 76.........^ 32 To take land not delayed by annexalion, 196 69 PROCESS: May be served by sheriff or constable, 78 32 PROHIBITION: Of llquortratle by council,46th ■" 07 418 Index — Continued. PROMOTIONS: page In classified civil service, 316 100 PROOF OF ORDINANCES: Publication— certificate— seal, etc., 73 31 PROPOSITIONS SUBMITTED: Act relatingto questions of public policy, 351 lOS Protected by election laws the same as candidates, 474 160 PROVISIONS: Inspection of provided for, 63d 28 Sale of regulated by council, 50th 27 PROSTITUTES: Ordinances may be enforced against, 233 79 Restraint and punishment provided for. 74th 29 PUBLICATION: Br State treasurer statement concerning bonds, 519 176 Of annual report of school board, 18th 270 Of names of election officers, 380 118 Of order for change of name of municipality, 214 74 Of ordinance for construction of sidewalks, 676 , 229 Of ordinance for local Improvements, 686 197 Of register of voters, 416 139 Of registration list by election commissioners, 402 133 Of rules of civil service commission, 312 99 Of treasurer's annual report, 105 39 PUBLIC BUILDINGS: Act regulating means of egress 355 Damages to by cyclones— repairs, etc., 571 191 Doors to open outward, 1099 365 Erection and care of by council, 86th 30 Exempt from taxation, 545 184 Not conforming to act may be closed, 1101 356 Penalty for violation of act, 1100 356 PUBLIC ENGINEER: Ordinance may provide for, 578 19$ PUBLIC GROUNDS: Established and controled by council, 7th 24 Exempt from taxation, 646 184 Not to be vacated by special laws, 22 T PUBLIC HOSPITALS;. Act authorizing establishment of 330 See "Hospitals, Public." PUBLIC MONEYS: Constitutional provision concerning, 23 T PUBLIC POLICY: Questions to be submitted to vote, 351 108 PUBLIC PROPERTY: Conveyance of to school authorities, 273 90 Proceedings for sale of, 278 92 Saleof when not needed for municipal purposes, 277 91 PUMPING STATION: Lauds granted to city of Chicago, 1053 341 PUMPING WORKS: Construction of by municipalities, 687 234 Construction of for drainage purposes, 692 236 PUMPS: Construction and regulation of by couacil, 57th 1 28 Construction of by city council, 125 4S 419 Index — Continued. NISHMENT: page For violation of ordinance, 76 32 See "Penalty." BSUIT OF FELON: Duty of ofaeers,912 30* Violation of act by officers— penalty, 911 304 ■ROTECHNIC DISPLAYS; Beeulation of by council, 66th 28 JALIPICATIONS: Of aldermen, 40 19 Of judge or juror in municipal lltieation, 130 46 Of judge and clerk of election. 376 116 > Of municipal of&cers,8S 34 Of voters at municipal elections, 67 21 Of voters under city election law, 394 123 JARANTINE: Municipal jurisdiction over, 61 20 JARRELLING: Prevention of by council, 69tli 28 JORUM: May be secured by special election, 67 23 Majority of council constitutes. 43 19 R VILROAD AID BONDS: Act of 1877 concemine.... J63 Act of 1883 concerning limitation of liability 177 Act of 1874 concerning registered bonds 176 Not to be issued after September 1,1883........ 177 Not to be registered till completion of road, 606 172 Registration of by county clerk, 501 171 MLROADS: Certain cities to be represented on board of directors, 607 173 Consent must precede grant of right-of-way, 90th 30 Construction of streets over or under tracks, Both JO Crossings under control of council, 25th ^ Debts— act for payment of........ i;» May be required to fence tracks, etc., 26th ja Shall aid improvement district, 706 Ui"i"Ui SSk Speed within municipalities— damages— penalty, 1129. d66 Taxes on increased value to be paid into State treasury, 500 169 To m aintain drains, ditches, culverts, etc.. 27th ...••■•••• 26 Tracks to be raised or lowered by order of council, 27th 26 ATE OF INTEREST: On warrants, jurors certificates, etc., 537 182 ATE OP TAXATION: For municipal purposes, 540 183 Llmitatiom on, 119 ATES OF WHARFAGE: To be regulated by council, 36th 26 EAL ESTATE: Acquisition of for waterworks, 126 ^ Certain titles confirmed, 266........ °J g^S;iltSSIlK ZSlSp«ersi^ciai;SaVt^r;m;::":"::;:;::::"^ 93 Trustees under special charter, ^7B 420 Index — Continued, REBATES; PAGE Declared and paid on special assessments, 668 226 Of taxes when property Is destroyed, 656 186 RECEIPTS: Shall be eiven by treasurer and copies kept, 102 38 KECOGNIZANCES: Made returnable to city court, 296 95 RECONSIDERATION OP VOTE: Not allowable at special meeting, 49 20 RECORD OP BONDS: How it shall be kept, 114 41 RECORD OP ORDINANCES: How made, 90 35 RECORDER OP DEEDS: Cancelation of record of plat, 228 78 Duty concernins certain prosecutions, 231 79 Shall forward transcript to Secretary of State, 13 13 Shall record town plat. 222 77 Shall record vacation of town plat, 226 77 RECORDS: May be examined by Mayor, 31 17 Search warrants may isssue for, 908 303 Withholding from successor— penalty, 9D7 303 REFUNDING SURPLUS PUNDS: Actoonoemine 179, 180 Resolution by corporate authorities, 528 179 REGISTRATION OP BONDS: ByAudltorof Public Accounts, 492 166 By county clerk, 501 171 Of matured bonds with Auditor. 496 168 REGISTRATION OP VOTERS: See "City Election Laws." BEGRATING: Prevention and punishment of, 61 at 27 RELEASE OP PRISONERS: By mayor— report— cause, etc., 29 17 RELIGIOUS INSTRUCTION: In parental or truant schools, 848 285 REMOVAL: Prom city vacates office of mayor, 25 16 Prom office tor official misconduct, 34 17 Prom office in civil service, 320 101 Of officers by mayor, 27 16 RENDERIES: Location and reeulation of by council, 8l8t 29 REPORTS: Annual, by oiTil service commissioners to mayor. 323 102 Annual, by treasurer to city council, 105 39 Annual estimates of city comptroller to council, 112 40 Board of local improvements to city council, 282 93 City collector to council, 109 40 Fire inspectors to State's attorney, etc., 265 87 Of births and deaths— act concemine 368 Of committees deferred on request, SO , 20 Of commissioners of police pension fund to council, 978 322 Of damages and benefits in local improvement proceedlnss, 590 198 421 Index — Continued. S,EPORTS— Concluded. Page Of Insnranoe aeents to taxing oflieerB,675 192 Of lodeiu g house keepers to election commissioners, 391, 392 122 Of names of convicts to election commissioners, 383 120 Of pardons to election commissioners, 383 120 Of pensioners to chief of police, 316 .. 958 Of school board to city council, nth 274 Of school board for publication, 18th ' .. 270 Of special taxes by city clerk, 678 '.'.' .' . '. 230 Of treasurer of police pension fund to board, 994 '. .. 327 To city council by hospital board, 1014 332 To civil service commission by appointing power. 321 ! 101 To county clerk by landlord, 1027 335 BBSEEVOIBS: Construction of by council, 126 46 Construction of for sewerage purposes, 692 234 RESOLUTIONS: By corporate authority for refunding surplus, 632 180 For creation of a sinking fund for munieipalities, 624 178 For refunding surplus, 628 179 RESTORATION TAX: For repair of public buildings damaged by cyclones, etc., 672 191 To be kept separate from other funds, 673 191 RETURN OF CANVASS; To whom addressed— contents— certificate, etc., 441 148 REVENUE : Constitutional provisions concerning. Article IX 8 See "Finance" and "Taxation." REVENUE LAWS: To apply in delinquent assessment cases, 679 230 REVISING ORDINANCES: After change of organization, 36 17 BIGHT OP WAT: Acquisition of by sanitary district, 733 249 Acquisition of for outlet sewers, etc., 649 Zao RIGHTS : Of municipality not affected by change of organization, 12 , 12 Reserved in conveyance of real estate, 274 91 Saved in transfer of site, 218 Jo Saved when name Is changed, 215 "• RIOTS: Act concerning damages occasioned by 305 Act concerning the quelling of »"' Deputies may be summoned, 926 •. "Xo Duty of Adjutant General, 933 ■ 308 Duty of Governor, 932 »» Duty of mayor in suppression of, 32..... : " Military force subject to civil ofaeer, 931 g«» Pay of deputies 929 .•; • • »"' Penalty for obstructing officers or soldiers, 934 iius Prevention and suppression of by council, 72d ^» Sheriff may arm deputies, 927 ™' Sheriff may make requisition for arms, 928 g"' Sheriff's powers not abridged by act, 936 5"» Sherifftonotify Governor, 930...... ""' Suppression of in police district, 262 <»> RIVERS: Jurisdiction of municipality on waters of, 233 '* BOADS: Municipalities excluded from road districts, 1110 360 Not to be vacated by speciallaws, 22 ' Toll roads within municipalities, 1112 ^'^ 422 KOADS AND BRIDGES: Built jointly by county and municipality, 661 188 ROMAN CANDLES: Reerulation of use of, 65th 28 RULES: Of civil service commission. 311 ; 99 Of proceedings to be determined by council, 42 19 RUNNERS: For hotels, cars, etc., licensed and taxed by council, 43d 27 SALARIES: And expenses of civil service commissioners, 326 102 Board of election commissioners. 478 161 Clerk of election commissioners. 478 161 Mayor, to be fixed by ordinance, 92 36 Municipal officers to be fixed by ordinance, 240..., 81 Not to be increased or dismissed during term of ofSce, 11 8 Police matrons to be fixed by council. 2ii0 86 President of village board to be fixed by ordinance, 142 49 Superintendent of house of correction, 1072 346 To be paid to certified appointees only, 339, 340 105 Trustees of sanitary district, 720 245 SALE: Of city or school property by council, 48. 20 SANITARY DISTRICT: Acduisition of land authoriised, 75* 254 Acquisition of right-of-way, 733 249 Act authorizing creation of 243 Act to extend powers of 254 Assessments— installments— interest, etc., 730 248 Attorney general— duties of, 737 260 Bonds— issue— payments, etc., 731 218 Capacity of channel, 736 250 Channel— construction-capacity, etc., 739 261 Channel declared a navigable stream, 740 252 Collection ot direct annual tax. 726 246 Collection of taxes— movable bridges— trustees, etc., 728 247 Commission to inspect work. 743 253 Condemnation of private property. 732 24S Construction of bridges, etc., 745 254 Construction of drains, docks, water power, etc.. 723 245 Emergency tax provided for, 737 251 Failure to comply with act— penalty, 737 250 How Incorporated. 717 '. 343 Inspection of completed channel, 743 253 Joint water works— provision concerning, 742 253 Judicial notice— election, etc., 718 244 Letting of contracts, 727 246 Liability for damages. 735 249 May borrow money, etc., 725 ; 246 Net earnings— how applied, 726 246 Not to employ aliens on works, 727 246 Ordinances as evidence, 722 245 Ordinances to be published, 722 245 Outlying territory may use channel, 741 262 Penalty for violation of act, 737 260 Police powers conferred on Chicago district, 744 264 Powers, duties, salary, etc., of trustees, 720 244 Purchase and sale of real estate, 724 246 Salary of inspectors of completed channel, 743 264 Special assessment for damages to property, 734 249 Special assessment— general tax, etc.. 729 247 State may alter, amend or repeal act, 738 251 Trustees— election— organization— powers— salary, etc., 719, 720 244 SCALES. PUBLIC: Licensing and regulation of by council, 9l3t ' 3(1 423 Index — Continued. SCSOOIjS: page Act ooncernins appointment of directors 21"! Act concerning inspectors 280,281 Act concernine kindergartens 283 Act concerning manual training departments 284 Act conoernmg school boards in certain districts 282 Act concerning truancy 278,285 Annua] report of board, 18th 270 Apportionment of pupils by board, 13th 270 Board of education in cities exceeding 100,000 population, 801 272 Board of education in lieu of directors, 786 268 Compulsory attendance, 821 278 Construction of generU school law, etc., 816 276 Conveyance of real estate by board, 797 271 Conveyance of real estate for school purposes, 273 90 Directors appointed from members of common council, 818 277 Discipline and instruction regulated by board, 10th 270 Districts in annexed or excluded territory, 168 67 Districts not affected by divisions of towns, 185 62 Division of district by board, 8th 270 Duties of president of school board. 788 268 Election— failure to give notice of, 791 269 Election— laws governing, 792 269 Election of president of board. 787 268 Examination of teachers by board, 3d 269 Examination of teachers by school boards, 813 275 Expulsion of pupils by board, 11th 270 Establishment and maintenance of, 1st 269 Failure to notice election— effect of, 791 269 Fines and forfeitures to county superintendents, 815 276 Fines recovered under truancy act, 825 279 First election of school board, 793 279 Fuel, etc.. to be provided by board, 16th 270 Funds subject to order of board, 798 271 Gradation of by school board. 4th 269 Houses and grounds under care of board, 16th 270 In certain cities under special charters 281 Inspectors to control school fund in certain cities, 828 280 Inspectors to perform certain duties enumerated, 827 280 Inspectors— their number increased in certain districts, 831 281 Kindergartens maybe established by school boards, 840 283 Municipality apart of school township, 785 267 Notice of election-form, etc , 790 268 Organization of ex oMeio board of education, 819 277 Organization under general school law. 800 271 Penalty for false statement concerning truant, 824 279 Penalty for non-attendance, 822 ; 278 Powers and duties of school inspectors, 827 280 Powers of board of education enumerated, 794 269 Kecords of proceedings of school inspectors, 829 .' 280 Repairing and refurnishing school houses, 2d 269 Rules may be prescribed by board, 14th 270 Secretary to record proceedings of board, 17th 270 Sites— conveyances of by certain municipalities, 280 92 Sites— purchase or lease by board, 6th 269 Special law may be abandoned by vote, 799 271 Superintendent— employment of by board, 7th 270 Tax levy by school board, 6th 269 Tax levy In certain cities, 834 281 Teachers— dismissal and removal of, 12th 270 Truant officer-appointment— duties, etc., 823 278 Truant or parental schools— act authorizing 286 Visitation by board, 9th 270 Within municipalities— act concerning 267 SCRATCHED TICKETS: How canvassed, 436 W SEAL: For city court, 285 :■■■■:%>. •■ J? Municipal, provision concerning, 499 id» SEALING OP WEIGHTS AND MEASURES: Council to provide for, 65th 28 SEARCH WARRANT: Execution of process, 909 303 May issue for records. 908 »0i Remedy of party injured by, 910 oO* 424 Index — Continued. SECOND-HAND STORES: Paob Licensed and regulated by council, 9Sth 31 SECRETARY OP STATE: Duties in prooeedines for chanee of name, 210. 211 74 Shall certify population of municipalities, 131 46 Shall file order of county court concerning city election law, 363 113 Shall file transcript of record and issue charter, 13 13 Shall keep list ot all municipalities of the State, 211 74 SEPARATE BALIiOT: Required for propositions submitted, 362 108 SEWERS: Building may continue after anuezation, 205 72 Cleansing of provided for, 84th 30 Construction and regulation of by council, 57th 28 Joint system of for contiguous municipalities, 690 234 May be constructed by council, 29th 26 Taxation for maintenance of, 562 188 Use of where towns are divided, 183 62 To be maintained by railroads, 27th 26 SHAVING WARRANTS: Penalty for, 903 301 SHEEP: Running at large regulated by council 80th 29 SHERIFF: Duties in connection with city courts, 291 94 May serve process, 78 32 Powers of may be exercised by mayor within city limits, 296 95 Shall have custody of city prisoners, 296 95 SHIFTS: To evade provisions of dram shop act, 761 259 SHOWS: License and tax of by council, 41st 27 SIDEWALKS: Act concerning construction of by special assessments 228 And structures under them controlled by council, 14th 25 Built or renewed by owner of frontage, 609 205 Certain act concerning not repealed, 674 228 Collection of tax for construction of, 677 229 Construction of by city, 676 229 Construction of by owner of frontage, 680 .' 231 Construction of by special assessment— act concerning 228 Default of lot owners to construct, 677 229 General revenue laws apply to delinquent sales, 679 230 In unincorporated towns, 1111 360 In whole or in part by special taxation, 675 ■. 228 Judgments against delinquent lots, 679 230 Ordinance for construction of. 676 229 Owners of frontage may be required to build, 676 229 Sale of lots for delinquent assessments, 678 230 To be established and controlled by council, 7th 24 SINKING FUND: For local indebtedness— act concerning 178 Investment of by State treasurer, 626 179 May be created by resolution of council, 524 178 Provided for park purposes, 782 266 SITE, MUNICIPAL: May be acquired by gift or purchase. 220 76 Petition for change of, 219 76 Transfer of. provided for. 218 75 SKY ROCKETS: Regulation of use of by council, 65th 28 426 Index — Continued . SOAP FACTORIES: Pagb Location and regulation of by council, Slst 29 Location or removal of provided for, 84tli 30 SOLDIERS AND SAILORS: License to peddle granted without fee, 1055 342 Preferred in classified civil service, 318 101 SOLDIERS' HOME: Authorized to sell interest In Dearborn park 352 SPECIAL ASSESSMENTS: Act concerning payments by inatallments 232 Apportionment— method of , 686 231 Collector's notice of , 638 214 Constitutional provision concerning, 9 8 For construction of sidewalks 228 For drainage purposes, 688 234 Fordykes, levees, etc., 702 238 For local improvements. Article IX 44 For local improvements— general act in lieu of Article IX 193 For outlet sewers, reservoirs, etc., 692 235 For sewers or drains, after annexation, 205 72 For waterworks, 861 289 Funds shall be kept separate, 107 39 In improvement districts, 704 239 In sanitary districts, 729 247 Petition to pay by installments, 686 232 Proceedings for making, 611 206 Rebates on— how paid, 688 226 Separate account for e«ch assessment, 648 218 See "Local Improvements". SPECIAL CHARTERS: For municipalities prohibited, 22 7 Municipalities under may convey real estate, 280 92 SPECIAL ELECTIONS: Maybe ordered for various purposes, 68 24 Revision of register for, 419 140 To flu vacancy in council, 67 23 SPECIAL LEGISLATION: Constitutional prohibition of, 22 7 SPECIAL MEETINGS: How called, 62 20 May be prescribed by ordinance, 44 ^ May not reconsider vote, 49 20 SPECIAL TAX: For local improvements, 610 205 See "Special Assessments." SPEED OF HORSES: May be regulated by council, 2l3t 25 SPLIT TICKETS: How canvassed, 436 1^^ STABLES: Location or removal provided for, 84th 30 STATE: Assumes no liability for payment of municipal bonds, 494 167 STATE BOARD OP HEALTH: To supervise and insiieot. '"dging houses, 1024 ■-• 334 To supervise reports of births and deaths, 1146, 1147 dbs STATE'S ATTORNEYS: Duties under vital statistics act. 1158 371 Fees for services In city courts, 291.... 94 May prosecute violations of civil service act, 344 106 <1CC 426 Index — Continued. STATIONERY: Paok To be furnished by contract with lowest bidder, 91th SI STATE TAXES: Kefuuding of to mnnlelpalities, 500 169 STATE TREASURER: Duties concerning certain bonds, 518 17» To refund surplus to municipalities. 527 179 To refund surplus when debt is paid, 530 180 STEAM BOILERS: Act concerning licenses to those In charge of 33S Council may provide for inspection of , 67th 29 License for those in charge of, 1028 33S STREET COMMISSIONER: Appointment of in villages, 141 19 STREET RAILROADS: Act in regard to 363 Consent of land owners must precede grant, 90th 30 Constitutional provision concerning, 1 9 Control of streets— police power, 1125 364 Eminent domain, 1122 363 "Horse and Dummy act" referred to, 70 31 Location— consent— notice— damages— 1124, 1128 361 Payment for property taken, 1123 363 STRETES AND ALLEYS: Continuation of improvement after annexation, 195 69 Continuation of improvement after division, 182 '. 61 Erection of poles and wires, 1116 383 Extension across or under railway tracks, 89th 30 Held in corporate name. 223 77 Improvements to continue after annexation, 195 69 Labor on may be provided for by ordinance, 79 32 Labor on may be regulated by ordinance, 268 88 Maybe established and maintained by council, 7th 21 May be named by council, 23d 25 Not to be vacated by special laws, 22 7 Rights of owners adjoining same, 1111 361 Shall be shown in plat. 221 76 Use of by elevated railroads, 1119 363 Vacation of— vote required— damages, 1113 361 SUBORNATION OP PERJURY: In connection with elections, 162 156 SUITS: Against dram shopkeeper for damages, 757 , 258 Concerning municipalities not wholly in one county, 235 80 For violations of ordinances, 940 309 How brought by village, 147 SO Maybe brought by any taxpayer in name of city, 128 16 On bond of dramshop keeper, 762 267 Prosecution and defense of, in annexation proceedings, 192 67 Tohebronghtincorporateuameof municipality, 71 32 SUMMONS: For violation of ordinances, 76 32 SUPERINTENDENT OF POLICE: Powers and duties prescribed by council, 68th 29 SUPERINTENDENT OF SEWERS: Appointment of , 577 193 SUPERINTENDENT OF SPECIAL ASSESSMENTS: Appointment of, 577 193 SUPERINTENDENT OP STREETS: Appointment of , 577 193 427 Index — Continued, SUPERIOR COURT: p^OB Judge of may preside over city court, 289 9« SUPPIilES: To be furnished on contract with lowest bidder, 94th 31 SUPREME COURT: Appeal to in resfistratlon proceedings, 406 136 SURPLUS FUNDS: Acts for refunding of 179 180 Investment in U. S. bonds, 521 "'. 177 May be used to purchase certain bonds. 618..'!.'!..'.'!.'.".!.'!'.'." ." 176 To be equitably apportioned, 660 188 Use of to purchase bonds, 520 !..!.!!..!!!!!!!!!!!!!!!! 176 SURVEY: Of improvement district by corporate authorities, 703 239 Of municipal plats, 221 76 Surveyor shall certify and acknowledge plat, 222 !!!!!.!!..!!!!!!!!!!!!!!!. 77 STYLE OP ORDINANCE: Prescribed, 71 31 SWINE: Running at large regulated by council, 80th 29 T TALLOW CHANDLERIES: Location and regulation of, 81st. o 29 TALLY SHEETS: See "City Election Law." TANNERIES: Location and regulation of by council, 81gt 29 Location or removal of provided for, 84th 30 TAR, PITCH, ETC.: Storage of regulated by council, 65th 28 TAVERN : Must file statement with election commissioners, 391 122 TAXATION: Act concerning damage done by cyclones, tomodos, etc 191 Act concerning levee taxes 189 Act concerning purchase of bridges by municipality 190 Act concerning rate of 183 Act concerning sewerage, water and light systems 188 Act concerning special assessments for local improvements 193 Act concerning surplus funds 188 Act concerning taxation of insurance companies 192 Assessment and collection of taxes. Article VIII 43 Assessment and collection of taxes. 639 182 Certain levies legalized, 541 183 Certificate to county clerk of amount required, 643 183 Destruction of assessment roll or collector's books, 665 186 Exemptions from taxation, 645 181 General tax tor local improvement, 124 41 Levies for particular purposes, 122 11 Levy for school purposes, 6th............ 269 Levy in consolidated municipalities, 190 66 Levy made before annexation, 194 68 Levy not to be interfered with by annexation. 191 67 Levy to secure water supply. 867 290 Levy when towns are divided. 181 61 Manner of collecting taxes. 120 11 Municipal property exempt from, 545 184 Must be uniform. 123 .--.- ,•■■■;:•; ** Of auctioneers, distillers, brewers, brokers, stables, scales, etc.. 91st 30 Of dogs provided for. 80th :•••,■■•:; 29 Of insurance companies authorized. US 12 Of itinerant merchants, etc.. 250 83 428 Index — Continued . lAXAIlON-Ooneluded. Pagb Of jank dealers and second-hand stores provided for, 95th 31 Ordinance for tax lery. 119 H Payment of taxes by collector to treasurer, 121 44 Provisions concerningr collectors, S46 184 Bate of— act concerning 183 Bate limited to 2 per cent, 119 43 Bebate and reduction of taxes— act concerning 18S Eebnte of taxes when property has been destroyed, 566 186 Refunding: illegal taxes— act concerning 187 Bestoration tax jtrovided for 191 Special for local improvements, 676 193 Special for local improvements, 619 206 Sundry acts concerning 182 Taxes illegally assessed may be refunded, 569 187 Taxes may be levied and collected by council, 3d 24 Uniformity required, 544 184 See "Bevenue," "Assessments," "Jjocal Improvements." TEACHEBS' EXAMINATIONS; By school boards in certain cities, 813 275 TELEGRAPHS AND TELEPHONES: Erection of poles, etc.— consent necessary, 1118 363 Injury to poles and wires— penalty 1117 362 Poles for private lines, 1116 361 Poles in streets, 1116 383 TEMPOBAEY APPOINTMENTS: To classified civil service, 317 100 TEN-PIN ALLEY: License and taxation of, 44 27 / TERM OP OFFICE: Of aldermen, 38 19 Of first officers, 9 12 Of mayor, 21 II THEATRICALS: License and taxation of by council, 41st 27 TIE VOTE: How decided under city election law, 449 161 In election for muaicipal officers, 65 23 May be decided by mayor, 26 18 TIME AND PLACE OF COUNCIL MEETINGS: May be prescribed by ordinance, 44 20 TITLES VALIDATED: By statute legalizing acts of certain magistrates, 255 8S TOBACCO: Inspection of provided for, 53d 28 TOLL BRIDGES: Licensing and regulation of by councU, 87th 30 TOLL ROADS: Within municipalities— location— consent— etc., 1112 361 TORPEDOES: Regulation of the use of, 65th 28 TOW BOATS: Control of by council, 38th 2« TOWN PLATS: Making— filing— recording-vacating-etc 76,77 Not to be vacated by special acts. 22 7 429 Index — Continued , TOWNS: Page May adopt city election law, 366 113 Ma; become cities by petition and election, 4 11 May re-organize aa villages, 131 46 TOWNSHIP ORGANIZATION: City deemed to be a town, when, 1132 366 Election of offlcers. 1133 366 Exception as to cities and ylllages, 1130 366 Number of justices, etc 366 Powers exercised by city council, 1134 366 Territory of city may re-orsranlze as town, 1131 366 Vacancies in town offices, 1137 366 What ordinances may prOTlde, 1136 366 TOWNSHIPS WHOLLY WITHIN CITIES: Act relating to cities of more than 50,000 366 Act applies to new township, 1141 367 Adoption of act— petition— election. 1143 -. 367 Cit clerk and county treasurer es officio officers, 1142 367 Highway comm issioner— office abolished, 1140 367 Notice— submission— proclamation, etc., 1144 367 Offlcers of such townships, 1139 367 Vested powers to be exercised by, 1138 366 TKAFPIC ON STREETS: May be regulated by council, 20th 25 TRANSIENT VENDERS: Licenses and taxation of, 260 83 TREASURER: Bond must equal estimated tax and assessments, 83 34 Duty as to certain levee taxes, 668 190 Compensation of to be fixed by ordinance, 94 36 Election of. 80 33 Oath— bond, etc., 83 - • 33 Shall deposit funds in place designated by ordmance, 104 38 Shall give receipts and file copies thereof, 102 — .• 38 Shall keep books as prescribed bj ordinance, 100 38 Shall keep municipal funds separate from his own, 104 38 Shall keep separate account with each fund or appropriation, 101 38 Shall pay salaries to certified appointees only, 340 106 Shall receive all fines and license fees, 75 32 Shall render monthly statements to council. 102 38 TREES: Maybe planted by council. 8th , 24 TRIAL BOARD: Salary of members, etc.. 326 102 TRUANCY FROM SCHOOLS: Act concerning Ho Act concerning truant or parental schools 285 TRUSTEES: Election of in villages. 146.... J-VV.JktVwi H Number— election— organization— powers— duties, etc., 141 4S TUG BOATS: License and regulation of, 36th 26 TUNNELS: Construction and maintenance of, 28th 26 TURPENTINE: Storage of regulated by council, 66th 28 u UNIFORMITY OP TAXATION: Act to restore uniformity in taxation, etc.. 644 184 Exception as to local improvements, 123 U 430 Index — Continued. UNITED STATES; paqi Convicts admitted to houses of correction, 1070 348 To control sanitary channel for purposes of naTigation, 740 262 Y VACANCIES: Elections for filling in villages, 146 49 Filled by mayor, 82 33 In council— how filled, 67 23 In council— to be filled by election, 39 19 In office of clerk of city court, 290 94 In office of civil service commission, 309 98 In office of election commissioner, 369 114 Judge of city court, 288 94 Judge or clerk of election— city election law, 380 118 Mayor's office, 22, 23, 25 16 On board of registration-city election law, 423 141 VACATION: ' Of plats, 226 rt Of roads, streets, alleys, etc., by private laws, 22 T Of streets, alleys and highways, 1113 361 VAGABONDS: Punishment of— arrest, proceedings, etc., 1109 359 Restraint and punishment of , 74th 29 The term defined, 1108 368 VAULTS: Construction and regulation of, 67th 28 VEGETABLES: Inspection of, provided for, 53d '. 28 Sale of, regulated by council, 50th 27 VEHICLES: Speed of may be regulated by council, 21st 25 VENDORS: Required to keep proper weights and measures, 56th 28 VENUE: Change of, from city courts, 297 96 VERIFICATION LIST: Form and use of, 398 130 See "City Election Law." VETO: May be overcome by two-thirds vote of council, 64 30 Of ordinances by may or, 63 20 Of ordinances- provisions concerning, 247 82 Of Tillage ordinances, 142 49 VIADUCTS: Construction and maintenance of, 28th 2( VILLAGES: Appointment of clerk, 141 49 Board of canvassers— duties of, 487 163 Constable— appointment, etc., 144, 146 49 Duties of officers may be prescribed by ordinance, 144 49 Fees and commissions of officers, agents, etc., 242 81 Filing and recording organization proceedings, 13 13 May adopt city election law, 366 113 Maybe formed from cities, 160 60 Maybe formed from towns, 134 46 May be formed from parts of other villages or towns, 161 61 Organization of. Article XI 46 Organized from new territory. 138 47 Organized from towns with defective record, 167 63 Petition to county judge in organization proceedings, 138 47 President— election of, provided for, 236 80 Recording and filing organization proceedings, 13 13 Style of ordinances, 143 ; 49 431 Index — Continued. VILLAGE OFFICERS: Page Election of in new TlUaee, 166 52 Time of election. 146 49 VILLAGE PRESIDENT: Election of provided for, 236 gO VILLAGE TREASURER: Appointment of . 144 49 VILLAGE TRUSTEES: Number, election, term, etc., 141 48 VIOLATIONS: Of city election law. Article VI 162 Of ordlnanoea— arrest, Imprisonmeht, snlt. elc. 937.940 309 VITAL STATISTICS: Act concerning reports of 368 See "Births and Deaths." w WARDS: ' Redistrictinff city to form new wards. 204 72 Shall be arranged by council. 68 21 Shall equal half the number of aldermen. 58 „ 21 What shall constitute award after annexation. 204 72 WARRANTS.- Act conceminer manner of iasuine 181 Drawn in anticipation of taxes, S36 181 For refundinsT illeeal taxes. 659 187 Issued in anticipation of levee taxes. 665 190 Maybe drawn only when there is money for payment, 535 181 Receivable for taxes. 636 182 To be signed by mayor 106 39 Treatment of by treasurer. 103 38 When to.bear Interest. 537 182 WATCHERS OF CANVASS: See "Cits Election Law" WATCHMEN: Powers and duties prescribed by council. 68th 29 WATER: Borrowing money to secure supply, 125 46 WATER COMMISSIONERS: Power to raise money. 884 295 WATER COURSES; Alteration and improvement of by council. 30th 26 Cleansing and purifying of. 40th 26 WATER. HEAT AND LIGHT: Sundry acts concerning 288 WATER MAINS: To be laid under supervision of council. 13th 25 WATER POWER: Control of by sanitary board. 723 246 WATER RATES: Fixed by municipalities, 867 388 May be regulated by council iS.iti 432 WATER WORKS: Acquirine property for, 126 46 Acquiring: property for construction of, 860 289 Act authorizing construction or purchase 290 Act authorizing lease or purchase 293 Act authorizing purchase on extension 296 Act concerning additional supply 295 Act concerning source of supply 294 Additional powers given city council. 877 293 Bonds may issue against tax levied, 872 292 Borrowing money and levying tax, 879 294 Borrowing money— taxation, etc., 859 289 Certificates of Indebtedness authorized, 886 2% Condemnation of property for, 881 295 Construction and maintenance of, 858 288 Contract for purchase or erection of, 869 291 Controlled by board of public worlss, 864 290 Damage to or destruction of— penalty, 882 295 Form of bonds, 874 292 Foreclosure of certificates, 890 297 Funds to be kept separate, 863 290 Lease or purchase of, 878 293 May be mortgaged, 889 297 Municipal— exempt from taxation, 545 184 Municipalities may construct, 858 288 Municipalities may contract for water supply, 866 290 Ordinance-publication— petition, etc., 882 296 Petition for lease or purchase, 878 293 Powers of council concerning, 871 291 Proposition for to be voted on, 870 291 Purchase or construction of, 886 296 Rates or rentals controlled by council, 875 293 Rates— taxation— regulation— etc.. 127 45 Bights of purchaser at foreclosure sale, 891 298 Source may be outside corporate limits, 880 294 Special assessment for, 862 289 System may be mortgaged, 889 297 Supplying one municipality by another, 742 263 Tax— assessments— rules, etc., 861 289 Taxation for maintenance of, 563 188 Tax of one per cent per annum authorized, 868 290 Union district— creation— government, etc., 876 298 CTseof in division of town, 183 62 Use of where territory is annexed, 197 69 Water commissioners may raise money, 884 295 Water fund— certiflcates— payment, etc., 888 297 WEIGHTS AND MEASURES: Inspection and sealing of provided for, 55th 28 To be kept by vendors, 56th 28 Weighing of coal, hay, etc, provided for, 64th 28 WHARFAGE: Control of by sanitary district, 723 245 May be collected for use of public wharf or levee, 37th 26 Rates may be fixed by council, 36th 26 WHARF BOATS: License and regulation of, 35th 26 WHARFS: May be constructed 'and maintained by council, 32d 26 May be established and controlled by council, 7th 24 WITNESS FEES: In civil service investigations, 141 105 WOODEN BUILDINGS: Prohibition of within Are limits, 62d 28 WORK HOUSES: Who may be admitted to, 937 309 WORKS OP ART: Purchase of by municipalities, 1050 340 Removal or relocation of, 1062 841 WRITS OF ERROR: From city courts, 300 96 May issue, when, 671 226