_A:rS ANP O A;NAN ES 60~ERNING THE CITY OF CHICAGO, JANUARY 1, 1866, - ~~~WITHI AN APPENDIX, CONTAINING TTIE FORMER LEGISLATIO:A' RELATING TO THE CITY, AND NOTES OF DECISIONS OF THE SUPREME COURT OF ILLINOIS, RELATING TO C!RPORATIONS. PRINTED AND PUBLISHED BY AUTHORITY OF THE COMMON COUNCIL OF THE CITY. COMPILED AND ARRANGED BY JOSEPH E. GARY, ONE OF THE JUDGES OF THE SUPERIOR COURT OF CHICAGO. lE. B. MYERS AND CHANDLW;R, LAW BOOKSELLERS AND PUBLIS-HERS, No. 111 Lake Street. 1866. .. *. em * .'!, I I <,, I Z ~...: /i CHARTER OF THE CITY OF CHICAGO. AN ACT to reduce the Charter of the City of Chicago, and the several Acts amendatory thereof, into one Act, and to revise the same. CITY AND WARD BOUNDARIES. OFFICERS: THEIR ELECTION AND APPOINTMENT. POWERS AND DUTIES OF OFFICERS. THE COMMON COUNCIL: ITS GENERAL POWERS AND DUTIES. THE TREASURY DEPARTMENT. THE BOARD OF PUBLIC WrORKS. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. OF TAXATION. COLLECTION OF TAXES AND ASSESSMENTS. THE POLICE DEPARTMENT. THE POLICE COURT. THE FIRE DEPARTMENT. SCHOOLS AND SCHOOL FUND. THE REFORM SCHOOL, CHICAGO WVATER WORKS. CHICAGO SEWERAGE WORKS. MISCELLANEOUS AND SUPPLEMENTARY. Be it enacted by the People of the State of Illinois, represented in the General Assembly: CHAPTER I. CITY AND WARD BOUNDARIES. SECTION SECTION 1. Inhabitants incorporated; name and 3. Three divisions established; their powers of the corporation. boundaries. 2. Corporate limits established. 4. Division into wards. SECTION 1. The inhabitants of all that district of country Corporate powers in the county of Cook and State of Illinois, contained within 1 CHAPTER I. 11 II. It III. 11 IV. 11 11 I I 11 11 t I I I I I I I I I I I i I I 4 V. VI. vii. viii. ix. X. xi. xii. xiii. xiv. xv. xvi. xvii. A -) 3 9 — t'o-" -, - 2 CITY CHARTER. [on. the limits and boundaries hereinafter prescribed, shall be a body politic under the name and style of the City of Chicago; and by that name sue and be sued, complain and defend, in any court; make and use a common seal, and alter it at pleasure; and take and hold, purchase, lease and convey such real and personal or mixed estate as the purposes of the corporation may require, within or without the limits aforesaid. Corporate SEC. 2. The corporate limits and jurisdiction of the city limits. of Chicago shall embrace and include within the same all of township thirty-nine north, range fourteen east of the third principal meridian, and all of sections thirty-one, thirty-two, thirty-three, and fractional section thirty-four, in township forty north, range fourteen east of the third prin cipal meridian; together with so much of the waters and bed of lake Michigan as lies within one mile of the shore thereof and east of the territory aforesaid. diNorthn. SEC. 3. All that portion of the aforesaid territory lying 41vision. north of the centre of the main Chicago river and east of the centre of the north branch of said river, shall constitute South the North Division of said city; all that portion of the division. aforesaid territory lying south of the centre of the main Chicago river and south and east of the centre of the south branch of said river and of the Illinois and Michigan canal, Westi shall constitute the South Division of said city; and all that division. portion of the aforesaid territory lying west of the centre of the north and south branches of said river and of the Illinois and Michigan canal, shall constitute the TYest Divi sion of said city. intvossixnten SEC. 4. The city of Chicago shall be divided into sixteen wards. wards, as follows: First Ward. All that part of the South Division of said city which lies south of the centre of the main Chicago river and north of the centre of Monroe street, shall be denominated the first ward. Second T4ard. All that part of the South Division of said city which lies south of the centre of Monroe street, and north of the centre of Harrison street, shall be denom inated the second ward. Third- Ward. All that part of the South Division of C01. 2 CITY CHARTER. CITY AND WARD BOUNDARIES. said city which lies south of the centre of Harrison street, and north of the centre of Sixteenth street, shall be denominated the third ward. Fourth7 Ward. All that part of the South Division of said city which lies south of the centre of Sixteenth street, and east of the centre of Clark street and a line corresponding with the centre of the last named street projected southerly to the city limits, shall be denominated the fourth ward. Fifth Ward. All that part of the South Division of said city which lies south of the centre of Sixteenth street, and west of the centre of Clark street and a line corresponding to the centre of the last named street projected southerly to the city limits, shall be denominated the fifth ward. Sixth WTVard. All that part of the West Division of said city which lies south of the centre of Van Buren street, and east of the centre of Jefferson street continued to the south branch of the Chicago river, shall be denominated the sixth ward. Seventh Warcd. All that part of the West Division of said city which lies south of the centre of Van Buren street, west of the centre of Jefferson street continued to the south branch of the Chicago river, and east of the centre of Morgan street continued to the southl branch of the Chicago river, shall be denominated the seventh ward. Eighth Ward. All that part of the West Division of said city which lies south of the centre of Van Buren street, and west of the centre of Morgan street continued to the south branch of the Chicago river, shall be denominated the eighth ward. Nint'th JTard. All that part of the West Division of said city which lies south of the centre of Fourth street, west of the centre of Curtis street and Aberdeen street, and north of the centre of Van Buren street, shall be denominated the ninth ward. Tenth ]Ward. All that part of the West Division of said city which lies south of the centre of Randolph street, east of the centre of Curtis street and Aberdeen street, and i.] 3 CITY CHARTER. north of the centre of Van Buren street, shall be denominated the tenth ward. Eleventh Ward. All that part of the West Division of said city which lies south of the centre of Fourth street, east of the centre of Curtis street, and north of the centre of Randolph street, shall be denominated the eleventh ward. Twelfth TVard. All that part of the West Division of said city which lies north of the centre of Fourth street continued to the north branch of the Chicago river, shall be denominated the twelfth ward. Thiri-teenth Ward. All that part of the North Division of said city which lies north of the centre of North avenue, shall be denominated the thirteenth ward. Fotrteenth WVard. All that part of the North Division of said city which lies south of the centre of North avenue, and north of the centre of Division street, shall be denominated the fourteenth ward. Ftfteenth lctrd. All that part of the North Division of said city which lies south of the centre of Division street, and north of the centre of Huron street continued to lake Michigan and to the north branch of the Chicago river, shall be denominated the fifteenth ward. Sixtee)th [Vard. All that part of the North Division of said city which lies south of the centre of Huron street continued to lake Michigan and to the north branch of the Chicago river, and north of the centre of the main Chicago river, shall be denominated the sixteenth ward. CHAPTER II. OFFICERS: THEIR ELECTION AND APPOINTMENT. SECTION 1. Officers composing the city govern ment. 2. Division of wards into election dis tricts. 8. Time of municipal election; publi cation of notice. . Commencement of term of office. 5. Officers elected by the people; their term of offiee. 6. Election of aldermen and constables. SECTION 7. Wards entitled to two aldermen; their term of office; divided into classes; vacancies, how created and filled. 8. A tie to be determined by lot. 9. Board of public works and board of police; election of commissioners; their term of office; vacancies, how supplied; qualification of commis sioners. 4 [CI-1. 2. OFFICERS: THEIR ELECTION AND APPOINTMENT. SECTION 10. Removal of commissioners; mode of procedure. 1l. Board of education how constituted; election of inspectors and their term of office. 12. Guardians of reform school; their appointment and term of office. 18. Assessors; theirqualificationand ap pointment. 14. Inspectors of election. how appointed. 15. Biidge-ten(lers, bridewell keeper, and bellmen, how appointed. 16. Officers appointable by the mayor with the advice of the council; their term of office; appointments to fill vacancies. SFCTION 17. Officers removable by the council; charges to be preferred; mode of trial. 18. Vacancyin office of mayor; other va cancies, 19. Official bonds, when to be filed; no city officer to be taken as surety. 20. Who qualified to hold office; special disability. 21. Elections, howv conducted; opening and closing of the polls returns; clerk to notify persons elected. 22. Qualification of electors; challenge; oath to be taken. 23. Electors, when exempt from arrest; illegal voting punishable. SECTION 1. The municipal government of the city shall iffcgrver, olconsist of a common council, composed of the mayor, and ment. two aldermen from each ward. The other officers of the corporation shall be as follows: A clerk, a comptroller, a board of public works, a city engaineer, a board of police, a superintendent of police, a school agent, a board of education, a superintendent of schools, a board of guardians of the reform school, a commissioner of the reform school, a counsel to the corporation, a city attorney, a treasurer, a collector, a city physician, a board of assessors, two or more police j ustices, a clerk of the police court, one chief, and a first and second assistant engineers of the fire department, one or more harbor masters, one inspector of fish, three inspectors of elections for each ward or election precinct, and as many bridge-tendIers, firemen, constables, policemen, sealers of weights and measures, inspectors, measurers, weighers, gaugers, keepers and assistants of work-houses, hospitals and bridewell or house of correction, bellmen, and such other officers and agents as may be provided for by this act, or the common couIncil may, frnom time to time, direct. (OJCe6s of chief a(nd assistant engineers of fi)-e deparinent aboli8Ie(d, Sec. 35, post, 199.) SEc. 2. The common council may divide the wards of r.letion said city into so many and such convenient election districts as to the said common council shall seem proper. Each ward or district shall constitute an election precinct, and the inspectors of election and the places for holding elections therein, for city, town, county and state officers, shall f-lectltns for state, be appointed by the common council. All elections for county and ~~~~~~~~state, county and ~town officers in said wards and precincts ofcers state, county and town officers in said wards and precincts officers. 5 CITY CIIAE. [OH. shall be conducted, and returns thereof made to the county or town clerk, as provided by the law regulating state, county and town elections. And whenever at any election it shal appear that there have been more than six hundred votes polled in any election precinct, it is hereby made the duty of the.common council, at least two months before the recurrence of another election, to divide such precinct into two or more districts, and appoint places for holding elections therein. Municipal SEC. 3. The municipal election in said city shall be held election. on the third Tuesday of April in each year, at which time there shall be elected by the qualified voters of said city, all officers to be elected at the general municipal election Notice of Sx~o + Noticeof Six days' previous public notice of said electlon shall be election. given by the city clerk, by publication in one or more newspapers published in said city, and no special election shall be hereafter held in said city, for the election of city officers, except as in this act provided. Commence- SEC. 4. The municipal officers to be chosen at the ment of municipalyear. annual election, shall enter upon the duties of their respec tive offices on the first Monday of May succeeding their election. Officers SEC. 5. The mayor, city attorney, treasurer, collector, elected by the people. clerk of the police court, and chief and first and second assistant engineers of the fire departmient, shall be elected by the people, and shall hold their respective offices for the term of two years, and until their successors shall be elected and qualified. The person having the highest number of votes cast ini the whole city for either of such offices, shall be declared elected. (Provision for election of engineers superseded, Sec. 35, post, 199.) Oferd ~SEC. 6. At the annual municipal election, thle electors elected by wards. in their respective wards shall vote for one alderman and one constable, and the persons receiving the highest number of votes cast in the ward for such offices respectively, shall be declared elected. Aldermen SEC. 7. The several wards of the city shall be respec. elected for two years. tively represented in the common council bytwo aldermen, who shall be residents thereof, and who shall, except as ol [Cil. CITY CHARTER. 2.] OFFICERS: THEIR ELECTION AND APPOINTMENT. herein otherwise provided, hold their offices respectively for two years from and after the first Monday in May next suc ceeding their election. They shall be divided into two Divided into classea classes, each class consisting of one alderman from each ward. The seats of the first class shall be vacated at the end of the first year, and of the second class at the expiration of the second year, so that one alderman from each ward may be annually elected. In all cases where two aldermen are to be chosen from the same ward at any annual election, the alderman having the highest number of votes shall be declared elected for two years, and the candidate having the next highest number of votes, for one year; and in case of thie two successful candidates having an equal number of votes, the term of service to which they shall be respectively entitled, shall be determined by the casting of lots in the presence of the common council, and the result shall be entered upon their proceedings. If any alderman Vacanciei, how created remove from the ward represented by him, or shall engage and fied. or conltinue in any service, business or employment causing a continuous absence from the city for more than four months, his office shall thereby become vacant; and whenever any vacancy shall occur in the office of any alderman, the common council shall, witlin ten days after the happening of such vacancy, order a new election, provided that more than six months of the term shall then remain unexpired. SEC. 8. Whenever there shall fail to be an election of A tie, how decided. any officer voted for by the people, in consequence of two or more candidates receiving the highest and an equal number of votes for the same office, the election shall be determined by the casting of lots in the presence of the common council, and the result shall be entered upon their proceedings. SEC. 9. The board of public works and the board of Board or public police shall each consist of three commissioners, in addition borkd a-d , ~~~board of to the mayor, who shall be chosen by the people, one from polise,tieow the north, one from the south, and one from the west divisions of said city. The person having the highest number of votes in the whole city for either of such offices shall be declared elected. Said commissioners, when elected, shall 8 CITY CHARTER [OH. Toffie of hold their office, the commissioners of the board of public works for the term of six years, and the police commis sioners for the term of three years, and until the election and qualification of their successors. The term of office of one commissioner of each board shall expire every year and every second year respectively, so that one commis sioner shall be elected to the board of police every year and to the board of public works every second year from the division of the city in which the commissioner resides whose Vacancies, term of office expires. Should a vacancy occur, it shall be how led. filled by appointment by the mayor, with the advice and consent of the common council of said city, until the next regular city election, when the qualified voters of said city may, as in other cases, fill such vacancy by an election of a successor, who shall hold his office for the unexpired term; said commissioners shall be elected in the same manner as is provided for the election of general city officers, by general Quafiea- ticket, by the qualified voters of the whole city; and no tion of commtisioners. person shall be elected a commissioner of either of said boards, unless he has been a resident of said city at least three years, and a resident freeholder in the division of said city for which he is elected at least one year immediately preceding his election. (Mfayor no longer member of either of said boards, Sec. 19, post, 196. Mode of election and term of office of police coin m.isssioers changed, Sees. 11, 12, post, 193. Mode of filling vacancy changed, Sec. 17, post, 196.) Removal of SEC. 10. Any commissioner of the board of public works commissione.s. or of the board of police, may at any time be removed fronm office for any misdemeanor, malfeasance or delinquency in office, by the judge of the circuit court of Cook county, on charges in writing, to be presented against him by the mayor Mode of or the common council. On the hearing before said judge, procedure. witnesses may be produced and sworn, both in support of the allegations and against them. Five dclays' notice shiall be given to such member, by service of a copy of such charges. The judge may proceed to hear such allegations, either in term tinme or inii vacation, and may adjourn such hearing from time to time. No member of either of said 8 [CH. CITY CHARTER. OFFICERS: THEIR ELECTION AND APPOINTMENT. boards shall perform any duties as such member, while such allegations are pending against him. SEC. 11. The board of education shall consist of fifteen Board of education, school inspectors, to be elected by the common council, on how constituted. or before the first Monday of June next. The said board shall be divided into three classes, of five members each; those of the first class shall vacate their seats at the expiration of the first year, those of the second class at the expiration of the second, and those of the third class at the expiration of the third year; and the common council shall, Theitrnnd election, and annually, on or before the first Monday of June, elect five teffrmof y ~~~~~~~~~office. inspectors to succeed those whose term of office expires. The inspectors so elected shall hold their offices for three years from the said first Monday of June. (Repealed, and new section enacted, Sec. 8, post 192, and Sec. 4, post, 191.) SEC. 12. The board of guardians of the reform school G,arla~n o~f reform shall consist of the comptroller and six guardials, to be ap- school. pointed by the mayor, by and with the advice and consent of the common council. Said board shall be divided into three classes, of two members each; those of the first class shall vacate their seats at the expiration of the first year, those of the second class at the expiration of the second, and those of the third class at the expiration of the third year. There shall be appointed, annually, on or before the Their ap pointment,_ first Monday of June, two guardians to succeed those whose nfid term tof office. term of office expires. The guardians so appointed shall hold their offices for three years from the said first Monday of June, and until the appointment and qualification of their successors. SEC. 13. The board of assessors shall consist of three Ahsseors,,i their quailassessors, who shall be freeholders in said city, one from fipctioint and each of the three divisions of the city, who shall be ap- ment. pointed on the second Monday of May in each year, or as soon thereafter as may be, and continue in office one year. The common council may increase the number of assessors so that said board shall consist of two members from each division of the city, if they think proper. (JMiode of alpointment of assessor-s changed, Sec. 28, post, 188, and Sec. 1, post, 191.) * o 2.] 9 10 CITY CHTF. [CH. Inspectors SEC. 14. The inspectors of election shall be appointed of election. annually, by the common council, at least ten days before the annual municipal election. Beride and g SEC. 15. All bridge-tenders, keepers and assistants of tenders and Z breiedpeewrell work-houses, bridewell or house of correction, and bell men, shall be appointed annually, by the mayor, and shall be removable at the pleasure of the mayor or comnmon council. (Mocle of appointment of bridge-tenders changed, Sec. 27, post, 187, and of bridewell keeper, Sec. 1, post, 191.) Othfers SEC. 16. All other officers mentioned in this act, and not officers, their mode otherwise specially provided for, shall be appointed by the of appointment and term of mayor, bv and with the advice and consent of the common office. council, biennially, on or before the second Monday of May, or as soon thereafter as may be, and shall respectively con tinue in office two years from the said second Monday of May, and until the appointment and qualification of their Officers to successors. Officers elected or appointed to fill vacancies, fill vacancies. shall respectively hold for the unexpired term only, and until the election or appointment and qualification of their successors. (Mode of app1oiitme??t of harbor master changed, Sec. 27, post, 187; aizd of cler7k,-city physician, fisth inspector, sealer of wvelghts and measures, inspectors, gaugers, and weithers, Sec. 1, _post, 191; and of school agent, Sec. 9, post, 192.) Removals SEC. 17. Every person appointed to any office by the from office. common council, or by the mayor with the advice and con sent of the common council, and every person elected to any office by the people, for whose removal from office no other provision has been specially provided by this act, may be removed from such office by a vote of two-thirds of all the Charges to aldermen authorized by law to be elected. But no officer be preferred. be preferred. shall be removed except for cause, norunless furnished with the charges and heard in his defense, and the common coun cil shall have power to compel the attendance of witnesses and the production of papers when necessary for the purTrial. poses of such trial, and shall proceed, within ten days, to hear and determine upon the merits of the case, and if such officer neglect to appear and answer to such charges, then the common council may declare the office vacant; and any 10 CHE[. CITY CHARTER. 2.] OFFICERS: TIIEIR ELECTION AND APPOINTMENT. officer mnay be suspended until the disposition of charges, Suspension. when preferred. SEC. 18. When any vacancy shall happen by death, vfficcin resignation, removal or otherwise, in the office of mayor, fimayor, how - flled. such vacancy shall be filled by a new election, and the commonu council shall order a new election within ten days after t!,c happening of such vacancv. provided more than six months of the term shall then remain unexpired. Any Other vacancies. vacancy occasioned by the death, removal, resignation or refusal to serve, of any other city officer elected by the people, or appointed by the mayor with the advice and consent of the common council, may be filled by appointment by the mayor, with the advice and consent of the council, except in cases where a different provision is herein specially made for filling such vacancy. The common council, with the like exception, may fill any vacancy occurring in any office, to which, by this act, they have the power of election or appointment. (Afode of fiding vacancy in office of police coiznissioger, Sec. 17, )ost, 196.) SEC. 19. All city officers who are required, by the pro- Offciia bond s, when visions of this act, or by any legal ordinance passed by the to be filed. common council, to give bonds for the faithful performance of their official duty, shall file their bonds with the city clerkl within fifteen days after their election or appointment, and he shall record the same, when approved, in a book kept for that purpose. When bonds are not filed with the city clerk within fifteen days after the votes shall have been officially canvassed, or after the appointment shall have been made, the person so in default shall be deemed to have refused said office, and the same shall be filled by appointment as in other cases. If, in any case, any official bond so filed, shall not be approved, the officer filing the same shall furnish a new andcl satisfactory bond wAithin fifteen days after such disapproval, and in case of failure so to do,'le shall be deemed to have refused said office, and the same shall be filled as above provided. No alderman No city officer to be or other city officer shall be taken as surety upon any bond, takenas note or other obligation made to the city. No city officer,urety. required to give bond as aforesaid, shall enter upon the 11, 12 CITY CIIARTER. [CII.~~~~~~~~~~ discharge of the duties of his office until such bond shall have been filed and approved as by this act provided. Eligibility SEC. 20. All citizens of the United States, qualified to to office. vote at any election held under this act, shall be qualified to hold any office created by this act, except in cases where a-different provision has been herein especially made; but Peufbaulcter no person shall be eligible to any office or place under this disqualified. or any other act in relation to said city, who is now or may hereafter be a defaulter to said city, or to the State of Illi nois, or any county thereof; and any person shall be coln sidered a defaulter who has refused or neglected, or may hereafter refuse or neglect, for thirty days after demand made, to account for and pay over to the party authorized to receive the same, any public money which may have come into his possession. And if any person holding any such office or plac, shall become a defaulter whilst in office, the office or place-shall thereupon become vacant. FElections, SEC. 21. The mannier of conducting and voting at elechow conducted. tions to be held under this act, and contesting the same, the keeping of the poll lists, canvassing of the votes and certi fying the returns, shall be the same, as nearly as may be, as is now or may hereafter be provided by law at general state elections: Provided, The council shall have power to regu late elections. The voting shall be by ballot, and the inspectors of elections shall take the same oath and shall have the same power and authority as inspectors of general Polls, when elections. The polls shall be opened by the inspectors at to be opened and closed. eight o'clock in the morning, and kept open until seven o'clock in the evening, and every violation of this provision shall subject the inspectors so offending to a penalty of one hundred dollars. After the closing of the polls, the ballots shall be counted in the manner required by law, and the Returns. returns shall be returned sealed to the city clerk within three days after the election, and thereupon the common council shall meet and canvass the same, and declare the Notice to result of the election. It shall be the duty of the clerk to officers elected. notify all persons elected or appointed to office, of their election or appointment, and unless such persons shall respectively qualify within fifteen days thereafter, the offices shall become vacant. 12 ECIII. CITY CI-IARTER. POWERS AND DUTIES OF OFFICERS. SEc. 22. No person shall be entitled to vote at any Qualficaelection under this act, who is not entitled to vote at state voters. elections, and has not been a resident of said city at least six months next preceding the election; he shall moreover have been an actual resident of the ward or election precinct in which he votes, for thirty days previous to the election, and if required by any person qualified to vote thereat, shall take the following oath before he is permitted to vote: Provided, That the voter shall be deemed a resident of the ward in which he is accustomed to lodge: II swear, (or affirm,) that I am of the age of twenty-one years, that Oath. I am a citizen of the United States, (or was a resident of this State at the time of the adoption of the Constitution,) and havre been a resident of this State one year, and a resident of this city six months immediately preceding this election, and am now, and have been for thirty days last past, a resident of this ward, (or election precinct,) and have not voted at this election. " And if required by any legal voter, such voter shall also Voter, if required, to swear or affirm to his place of residence, specifying the par- psPlaeciyfy his titular place and house in which he resides, and stating how residence. long he has there resided, and his business or employment, and if he has not resided in such house for thirty days immediately preceding such election, he shall state where and in what house he ihas resided for the last thirty days. No further evidence of the right to vote shall be required in any case, at any municipal or other election. SEc. 23. The persons entitled to vote at any election Erxemption from arrest held under this act, shall not be arrested on civil process dayelection within said city upon the day on which said election isy. held, and all persons illegally voting at any election under "legal this act, shall be punishable according to the laws of this State. CHAPTER III. POWERS AND DUTIES OF OFFICERS. SECTION SEGTIO-N 1. Officers to be sworn before entering 3. Veto power of mayor. upon their duties. 4. Acting mayor, when and how ap 2. Dutiesof mayor; hissalary; shallbe pointed. a member ex oyfcio of the boards of police and public works; may ad minister oaths. 3.] 13 *4 CIT CURE.E SECTION 5. Members of the council em officio fire wardens and conservators of the peace; exempted from jury duty. 6. Clerk to keep seal and records; cer tified copies made evidence; may administer oaths. 7. Duties of counsel to the corporation, and city attorney. 8. Duties of assessors. 9. Duties of harbor master. 10. Duties of fish inspector. 11. Constables to give bond; theirliabil ities; powers. 12. Duties of city physician. 13. Other duties of officers may be pre. scribed by council; their compen sation and bonds. SECTION 14. Certain officers to give bond; condi tions thereof. 15. Corporation newspaper; publication of ordinances and other proceedings. 16. Refusal to deliver official papers; penalty. 17. Officers to be commissioned by war rant. 18. Salaries to be established by council. 19. Fees received by salaried officers to be paid into the treasury. 20. Payment of salaries. 21. Recorder's salary. 22. Guardians of reform school and mem bers of board of education to serve without compensation; not to be interested in contracts. Oath of SECTION 1. Every person chosen or appointed to an exoffice. ecutive, judicial or administrative office under this act, shall, before he enters on the duties of his office, take and subscribe the oath of office prescribed in the constitution of this State, and file the same, duly certified by the officer before whom it was taken, with the city clerk. duotYies SEC. 2. The mayor shall preside over the meetings of the common council, and take care that the laws of the State and the ordinances of the city are duly enforced, re spected and observed, and that all other executive officers of the city discharge their respective duties. He shall, from time to time, give the common council such informa tion, and recommend such measures, as he may deem ad vantageous to the city. He shall have a salary of thirtySalary. five hundred dollars per annum in full compensation of all official services devolved upon him by this or any subseEx offcio qetat mEbffetof quent act. He shall be a member ex officio of the board of boards of police and police and of the board of public works, and shall be public works. clothed with all the power and authority and be subject to all the general duties and responsibilities of a com missioner of each of said boards: Provided, hou'ever, That he shall not act as a commissioner of the board of public works in making any special assessment for any public work or improvement, nor shall he be required to give a bond to the city as a member of either of said To adminis-boards. The mayor shall likewise have power, ex officio, ter oaths. to administer any oath authorized to be taken by the laws of this State. (Mfayor no louiger menmber of the board of police or of the board of public works, Sec. 19, post, 196.) 14 [Cil. CITY CHARTER. POWRERS AND DUTIES OF OFFICERS. SEC. 3. Every act, ordinance or resolution, passed by Mt,Yro's 7 ~~~ veto. the common council, before it shall take effect and within five days after its passage, shall be presented, duly certified by the city clerk, to the mayor for his approbation. If he approve, he shall sign it, if not, he shall return it with his objections in writing to the city clerk, and the clerk shall submit said objections to the common council at their next regular meeting, who shall enter said objections upon their record, and proceed to reconsider the matter, and if, after such reconsideration, two-thirds of all the members elected shall agree to pass the same, it shall take effect as an act or law of the corporation. If the mayor shall not return any act, ordinance or resolution so presented to him, within five days, it shall take effect in the same manner as if he had signed it. SEC. 4. In case of a vacancy in the office of mayor, or Vffaccaenoy in y office of of his being unable to perform the duties of his office, by mayor. reason of absence or sickness, the common council shall appoint by ballot one of their number to preside over their meetings, whose official designation shall be, acting mayor. Acating And the alderman so appointed shall be vested with all the yor. powers and perform all the duties of mayor until the mayor shall resume his office, or the vaca!cy be filled by a new election. SEC. 5. The members of the common council shall be Members, of council to fire wardens and conservators of the peace, and shall be be fire wardens. exempted from jury duty during their term of office. Exemption. SEc. 6. The clerk shall keep the corporate seal, and City uclterk, his duties. make a record of the proceedings of the common council, at whose meetings it shall be his duty to attend; and copies of all papers duly filed in his office, and transcripts from the records of the proceedings of the common council, certified by him under the corporate seal, shall be evidence in all courts, in like manner as if the originals were produced. He shall also have power to administer any oath authorized to be taken by the laws of this State. SEc. 7. The counsel to the corporation shall be the counsel to the corporachief officer of the law department of the city. He shall, tion and city attorney, with the assistance of the city attorney, and subject to the their duties. directions of the comptroller, conduct all the law business 3.] 15 1(3 CITY CllATER. [CII. of the corporation and of the departments thereof, and all other law business in which the city shall be interested, when so ordered by the corporation. Said officers shall hold their office in such place as the city may provide, and, when required, shall furnish written opinions upon subjects submitted to them by the mayor or common council, or any other department of the municipal government. The Attorney to city attorney shall keep a docket of all the cases to which keep a I docket. the city may be a party in any court of record, in which shall be briefly entered all steps taken in each cause, and which shall, at all times, be open to the inspection of the mayor, comptroller, or anly committee of the common coun cil. It shall also be the duty of said officers to draft all ordinances, bonds, contracts, leases, conveyances, and such other instruments of writing as may be required by the busi ness of the city; to examine and inspect tax and assess ment rolls, and all proceedings in reference to the levying and collection of taxes and assessments; and to perform such other duties as may be prescribed by the charter and ordinances of the city. (Further provision as to corporation counsel and city attor ney, Sec. 2, post, 191.) Assessors, SEC. 8. The board of assessors shall perform all the dutheir powers and duties. ties in relation to the assessing of property, for the purpose of levying the taxes imposed by the common council. In the performance of their duties they shall have the same powers as are or may be given by law to county or town assessors, and be subject to the same liabilities. Harbor- i SEC. 9. It shall be the duty of the harbor master to enmaster, his duties. force all ordinances, and provisions of this act, in relation to the harbor. Fish inspec- SEC. 10. It shall be the duty of the fish inspector to tor, his duties. inspect all pickled or salted fresh-water fish sold or received for sale, or on consignment, in the city of Chicago. Any person or persons bringing or causing to be brought to the city of Chicago, for the purpose of sale, any fresh-water fish, shall have the same duly inspected by the said inspec tor before such fish shall be sold or in any way disposed of; and it shall be the duty of every person having such fish in his possession, for the purpose of selling or of dealing 16 [CH. CITY CHARTER. 3.] POWERS AND DUTIES OF OFFI('ER. 17 in the same, and of every consignee having fish on consignment, before the said fish shall be sold or in anywise disposed of, to give notice to the inspector, and have such fish duly inspected and branded; and for this purpose, such person shall arrange the packages in a convenient manner, and have them in some suitable place. It shall be the duty of the inspector, on due application of any person or persons having such fish in possession, to repair to the place of deposit of such fish, if the same shall be within the limits of the city of Chicago, and inspect the same with as little delay as possible. The said inspector shall procure sealed weights, and carefully weigh all fish offered for inspection; and to entitle said inspector to grant a certificate of due inspection, or to brand the packages as duly inspected, he shall first find that the contents and weights of the several packages are as follows, viz.: Each barrel shall con- Weight of packages. tain 200 lbs.; each half barrel shall contain 100 lbs.; each quarter barrel shall contain 50 lbs.; and each eighth barrel shall contain 25 lbs. Such inspector shall, Brand. also, on branding any package of fish, plainly and distinctly mark on the head of each package, in some indelible manner, the kind, quantity and quality of fish contained in each package, respectively, together with his name and the year and month in which the same shall have been inspected. Feo The inspector shall be entitled to the following fees for the performance of his duties, viz.: For unheading, heading, weighing, repacking, brining, and inspecting and branding each barrel, 20 cents; each half barrel, 10 cents; each quarter barrel, 5 cents; each extra hoop, 5 cents; each extra head, 20 cents. The inspector shall not put his brand upon any package of fish, as duly inspected, unless the same be well hooped and headed, and in all respects sufficient to retain brine, and also be in good shipping condition. He shall keep a record of the number of packages and Record sizes, and of the kinds and qualities of fish, and for whom inspected, each year; and shall make a report of the same to the common council, on the first day of January in each year. He shall keep an office at a convenient place, on or Offimoo. near the Chicago river, which shall be kept open during b>usi,,~-: "'3'}....iv'.l.,,~. i;lf:4 _'.:,?, i;.,'.:,,? ~ 17 3.] POWERS AND DUTIES OF OFFICERS. 18 CITY CflART]R. [on. have some person, during his absence, to receive orders. Inrspecbtord No person holding the office of fish inspector for said city prohibited g in fiash. of Chicago, nor shall his employees or assistants, or either of them, buy or sell, or deal in, or in anywise be interested in, any fish sold or received for sale in the city of Chicago. iHe shall, before entering on the discharge of the duties of Bond. his said office, give bond, with two good and sufficient sureties, in the penal sum of five thousand dollars, and run ning to the People of the State of Illinois, and conditioned that he will well and faithfully perform the duties of said office, and satisfy all damages that may legally be demanded of him by virtue of the provisions hereof Any fish in spector violating, refusing or failing to comply with any of the provisions of this section, so far as they are made in cumbent upon him, shall, for every offense, be liable to a Penalties. fine of not less than five dollars nor more than one hundred dollars; which said fine may be collected in the name and for the use of the city of Chicago; and shall also be subapwoeirtto ject to immediate removal from office. Said inspector shall appoint assistants. have the right to appoint and remove at pleasure, one or more assistants, who shall have the same right to brand all packages inspected by either of them in the name of said inspector; but each assistant shall have some distinctive mark, with which he shall designate each package inspected by himself, so as to indicate by whom the inspection was actually made; and the said inspector shall have the right Bonda of to take bond, with sufficient penalty and security, running sssistants. to himself, from each of the assistants appointed by himself, and of the same tenor as the bond herein required to be executed by said inspector; and the said inspector shall be liable for the acts of his said assistants, and may sue on the bonds of any of them, to recover any damages that he may have suffered, by reason of their misfeasance or malfeas alce. The said inspector shall have the right to sue, in any court having jurisdiction of the action, for his fees for services performed, either by himself or his assistants by virtue hereof Oonstables SEC. 11. Every person appointed or elected to the office to give bgod,e of constable, shall, before he enters upon the duties of Ihis office, with two,or more sureties to be approved by the com [CH. 18 CITY CHARTER. POWERS AND DUTIES OF OFFICERS. mon council, execute, in presence of the clerk of the city, an instrument in writing by which such constable and securities shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may be liable to pay by reason or on account of any summons, execution, distress warrant, or other process which shall be delivered to him for collection. The clerk shall certify the approval of the common council on such instrument, and file the same; and a copy certified by the clerk, under the corporate seal, shall be presumptive evidence, in all courts, of the execution thereof by such constable and his sureties; and all actions thereon Actions thereon,how shall be prosecuted within two years after the expiration of brought. the year for which the constable named therein shall have been appointed or elected, and may be brought in the name of the person or persons entitled to the money collected by virtue of such instruments. No constable appointed or Poweri of. elected under this act, shall have power to serve any civil process out of the city limits, except in cases of persons fleeing therefrom, and to commit on execution, where the defendant shall have been arrested within the city. SEC. 12. The city physician shall attend and administer City Ihysi cian, Il to all sick persons confined in any police station-house, bride- duties. well, work-house, house of refuge or other city prison, and shall attend to such other duties as may be prescribed by the board of health or common council. SEC. 13. The common council shall have power, from C9oun~imay ~mposo time to time, to require further and other duties of all offi- otherduties cers whose duties are herein prescribed, and prescribe the powers and duties of all officers appointed or elected to any office under this act, whose duties are not herein specifically mentioned, and fix their compensation. They may also bMay require require bonds to be given to the city of Chicago by all officers, for the faithful performance of their duties. SEC. 14. The comptroller, treasurer, collector, and school Certain ofmi ofe,rs to give agent, shall severally, before they enter on the duties of bonds.give their respective offices, execute a bond to the city of Chicago, in such sum, and with such sureties, as the common council shall approve; conditioned that they shall faithfully execute How condothe duties of their offices, and account for and pay over all tion. 3.1 19 2() CITY CHARTER. [CH. moneys and other property received by them; which bonds, with the approval of the common council, certified thereon by the clerk, shall be filed with the clerk. Corporation SEC. 15. The common council, at their annual meeting newspaper, how desig- on the first Monday in May, in each year, or within not to nated. exceed thirty days thereafter, shall designate one public newspaper printed in said city, in which shall be published all ordinances, and other proceedings and matters required in any case by this act, or by the by-laws and ordinances of the common council, to be published in the corporation newspaper. And if the proprietors of the newspaper so designated, shall at any time during the year suspend the publication thereof, or decline longer to publish said pro ceedings, another newspaper shall be designated in its stead. The common council may also, in its discretion, provide for the publication of said ordinances and other proceedings, or such portion of the same as it may think proper, in some newspaper printed in the German language. (Provisions as to job _printing, Sec. 35, post, 190. Further provisions as to newspaper prtinted ini the German language, Sec. 37, post, 200.) Officers to SEC. 16. If any person, having been an officer in said transfer official papers. city, shall not, within ten days after notification and request, deliver to his successor in office all property, papers and effects of every description in his possession belonging to said city, or appertaining to the office he held, he shall forPenalty. feit and pay for the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to Successor deliver. And such successor shall and may recover possesmay recover. possession sion of the books, papers and property appertaining to his thereof. office, in the manner prescribed by the laws of this State. Officers, SEC. 17. All persons elected or appointed to any office how commissioned. under this act may be commissioned by warrant under the corporate seal, signed by the mayor or presiding officer of the common council, and clerk. Salaries to be Salaries toab- SEC. 18. The common council may, by ordinance, establisheld by lish salaries, as a fixed compensation for all officers of said council cmesto city whose salaries are not named herein, and may provide for their removal from office, in case they receive or retain [CH. 2() CITY CHARTER. POWERS AND DUTIES OF OFFICERS. other or greater fees than so paid or fixed by the corporation for their services. (further provisions as to salaries, Sec. 26, post, 187.) SEc. 19. All fees, perquisites and emoluments of office Fees receiv ed by sala whatever, by way of compensation for the performance of tied officers to be paid any official duty or duties, are hereby expressly prohibited into treas ury. to be retained by any officer whose compensation is provided to be paid by a salary, to be fixed by the common council under this act; and all fees, perquisites and emoluments whatever, received or paid, or payable, to any officer, justice of the peace, mayor, clerk, attorney, collector, treasurer, commissioner of public works, comptroller, or other person, whose compensation is to be so paid by a fixed salary, shall belong to, and be paid by such person or persons, into the treasury of said city, the same as all other revenues belonging thereto; and any violation of this provision shall subject the offender to removal from his office, and the amount received by him shall be recoverable by action of debt or assumpsit, in favor of said city. SEc. 20. All salaries shall be payable monthly or quar- Salies, ho payaterly out of the appropriate fund, voted by the common ble. council to pay the same, upon the warrant of the comptroller, as in other cases. SEC. 21. The common council shall have power to pay RPeorder's to the recorder of the city of Chicago, such compensation from time to time as said city council mlay deem proper, in addition to the salary prescribed by law. SEC. 22. No member of the board of guardians of the oGuraedians of reform reform school, or of the board of education, shall receive school and members of any compensation for any services he may perform, nor shall board of ed ~ be~~~~~~~~~~~~~~~~~uation to any teacher, agent or employee of either board sell, dispose serve with out comnpenof or be interested in any articles purchased, or work done, sation. for the school or schools. Nor shall he be interested in any contract, loan, or anything else whereby he may receive any commission, interest, or other profits from the fund approriated to the reform school or public schools, under the penalty of having his office immediately declared vacant by the common council 3.] 21 22 CITY CHARTER. CHAPTER IV. [CH, THE COMMON COUNCIL-ITS GENERAL POWERS AND DUTIES. SECTION 1. Mayor and aldermen constitute the common council; to determine time and place of meetings; mayor to preside; in his absence, any alder man; quorum. 2. No member to receive any compensa tion, hold any lucrative office, or be interested in any contract. 8. To hold stated meetings; special meetings, how called; to determine rules of proceedings; be the judge of the election of its members, and compel their attendance. 4. Ordinances, petitions and communi cations to be referred to commit tees; report of committees to be deferred and published on request of two aldermen. SSETION 5. No vote to be reconsidered at special meetings unless as many are present as when such vote was taken. 6. Power to require reports from city officers. T. On all ordinances to appropriate mo ney, impose taxes or borrow money, the ayes and noes to be taken; the votes of a majority of the board requisite to their passage. 8. Council to have general control of finances and property; enumeration of powers. 9. Power to establish cemeteries, and make regulations therefor; the board of public works to superintend the grounds; sale of lots; penalty for violation ofrules and regulations. Oommon SECTION 1. The mayor and aldermen shall constitute council, how constituted. the common council of said city. The common council shall meet at such times and places as they shall by resoluPresident. tion direct. The mayor, when present, shall preside at all meetings of the common council, and shall have only a casting vote. In his absence any one of the aldermen may Quorum. be appointed to preside. A majority of the persons elected as aldermen shall constitute a quorum. No member SEC. 2. No member of the common council shall, during shall receive compensa- the period for which he was elected, receive any compensa tion for his services, or be appointed to, or be competent to hold, any office of which the emoluments are paid from the city treasury, or paid by fees directed to be paid by any act or ordinance of the common council, or be directly or indi rectly interested in any contract, the expenses or considera tion whereof are to be paid under any ordinance of the common council. Counc11 to SEC. 3. The common council shall hold stated meetings, hold stated meetings. and the mayor or any two aldermen may call special meet ings, by notice to each of the members of said council. served personally, or left at his usual place of abode. PetiTo deter- tions and remonstrances may be presented to the common mine itsown rules,eaonfdtbe council, and the council shall determine the rules of its own meeibsf proceedings, and be the judge of the election and qualifia election of proceedings, and be the judge of the election and qualificamembers. POWERS OF COUNCIL. tions of its own members, and have power to compel the attendance of absent members. SEc. 4. All ordinances, petitions and commnunications to Ordinances to be the common council, shall, unless by unanimous consent, referred to committees. be referred to appropriate committees, and only acted on by the council at a subsequent meeting, on the report of the committee having the same in charge. Any report of a lleportttof committee committee of the council may be deferred to the next regu- to bdfredad deferred and lar meeting of the same, and the publication of said report reublieshed on request of in the corporation newspaper required, by request of any tweoalder two aldermen present. SEC. 5. No vote of the common council shall be recon- Reconsid eration. sidered 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. SEc. 6. The common council shall have power to require Power to require from any officer of said city, at any time, a report in detail reports from city of the transactions in his office, or of any other matter by oficers. said council deemed necessary. SEc. 7. Upon the passage of all orders, ordinances or Yeas and nay reresolutions appropriating money, imposing taxes, or author- quired in izing the borrowing of money, the yeas and nays shall be cas entered on the record of the common council, and a majority of the votes of all the aldermen entitled to seats in the board shall be necessary to their passage. SEc. 8. The common council shall have, subject to the couencil tocntrol provisions hereinafter contained, the general management fiances. and control of the finances, and all the property, real, personal and mixed, belonging to the corporation, and shall General likewise have power within the jurisdiction of the city, by ordinance: First. To lease the wharfing privileges of the river, at To lease wharfing the ends of streets, upon such terms and conditions as may privileges. be usual in the leasing of other real estate, reserving such rents as may be agreed upon, and employing such remedies in case of non-performance of any covenants in such lease, as are given by law in other cases. But no buildings shall Restric tiens;. be erected thereon; nor shall a lease for a longer period than three years at any time be executed; and the owner or owners of the adjoining lot or lots, shall, in all cases, 4.1 23 24 OITY CHARTER. [OH. have the preference in leasing such property; and a free passage over the same for all persons with their baggage Proviso. shall be reserved in such lease: Provided, Nothing in this section shall be so construed as to impair or prejudice any rights which any person may have acquired by the accept ance of any proposition heretofore made by said city respecting the wharfing privileges. River oh- Second. To remove and prevent all obstructions in the rtructions. waters which are public highways in said city, and to widen, straighten and deepen the same. Forestall- drgaig Forestall- Third. To prevent and punish forestalling and regrating, and to prevent and restrain every kind of fraudulent device and practice. Gaming. Fourth. To restrain and prohibit all descriptions of gaming and fraudulent devices, and all playing of dice, eards and other games of chance, with or without betting. Ardents Fifth. To regulate the selling or giving away of any ,%pirits. ardent spirits, by any shop-keeper, trader or grocer, to be drunk in any shop, store or grocery, outhouse, yard, garden, or other place within the city. Furnishing Sixth. To forbid the selling or giving away of ardent to children, etc. etc. spirits or other intoxicating liquors, to any child, apprentice or servant, without thetonsent of his or her parent, guardian, Sale of liquors, etc. Billiard; tables, etc. Hackmen, etc. Au c tioneers, etc. lers, brewers and pawn-brokers, and all keepers or proprie 24 [Cel. CITY CHARTER. 4.] POWERS OF GOUNOIL. 25 tors of junk-shops and places for the sale or purchase of second-hand goods, wares or merchandise. Eleventh. To license, tax, regulate and suppress hawkers Peddlers. and peddlers. Twelfth. To regulate, license, suppress and prohibit all Showmen, ,etc. exhibitions of common showmen, shows of every kind, concerts or other musical entertainments, by itinerant persons or companies, exhibitions of natural or artificial curiosities, caravans, circuses, theatrical performances, and all other Theaters. exhibitions and amusements. T/irteenth. To authorize the mayor, or other proper Licenses. officer of the city, to grant and issue licenses, and direct the manner of issuing and registering thereof, and the fees to be paid therefor: Provided, That no license shall be granted Proviso. for more than one year; and that not more than five hundred dollars shall be required to be paid for any license under this act, and the fee for issuing the same shall not Fee. exceed one dollar, but no license for the sale of wines or other liquors, ardent, vinous or fermented, at wholesale or retail, or by inn-keepers or others, as aforesaid, shall be less than fifty dollars. Bond may be taken on the granting of Bond required. license, for the due observance of the ordinances or regula- tions of the common council. (Further provisions as to licenses, Sec. 34, _post, 190.) Fourteenth. To prevent any riot or noise, disturbance Riots. or disorderly assemblage. Fifteenth. To suppress and restrain disorderly houses Dhsordserly houses. and groceries, and houses of ill-fame, and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming. Sixteenth. To compel the owner or occupant of any gro- Uinwhnole some and cery, cellar, tallow-chandler shop, soap factory, tannery, nuseo.us stable, barn, privy, sewer, or other unwholesome, nauseous house or place, to cleanse, remove or abate the same, from time to time, as often as may be necessary for the health, comfort and convenience of the inhabitants of said city. Seventeenth. To direct the location and management of, eeries, slaughter and regulate and license breweries, tanneries and packing houses, etc. houses, and to direct the location, management and construction of, and regulate, license, restrain, abate, and pro 25 4.] POWERS OF COUNCIL, 26 CITY CHARTER. [CH. hibit, within the city and the distance of four miles there from, distilleries, slaughtering establishments, establishments for steaming or rendering lard, tallow, offal and such other substances as can or may be rendered; and all establish ments or places where any nauseous, offensive or unwhole Proviso. some business may be carried on: Provided, That for the Chwiago riv purposes of this section, the Chicago river and its branches, city. to their respective sources, and the land adjacent thereto, or within one hundred rods thereof, shall be deemed to be within the jurisdiction of the city. Muabrlketsand Eighteenth. To establish and regulate markets and other pu.blic buildings. public buildings, and provide for their erection and determine their location. Butchers, Nineteenth. To regulate and license or prohibit butchers, etc. and to revoke their licenses for malconduct in the course of trade, and to regulate, license and restrain the sale of fresh meats and vegetables in the city, and restrain and punish the forestalling of poultry, fruit and eggs. Gunpowder. Twventieth. To direct and prohibit the location and man agement of houses for the storing of gunpowder, or other combustible and dangerous materials, within the city. Same. Twenty-first. To regulate the keeping and conveying of gunpowder and other combustible and dangerous materials, and the use of candles and lights in barns, stables and out houses. Horse racinrg, etc. Twenty-second. To prevent horse racing, immoderate riding or driving in the streets, and to authorize persons immoderately riding or driving as aforesaid to be stopped by any person; and punish or prohibit the abuse of animals; to compel persons to fasten their horses, oxen, or other animals, attached to vehicles or otherwise, while standing or remaining in the street. Encumber- Twenty-third. To prevent the encumbering of the streets, ing streets. sidewalks, lanes, alleys, public grounds, wharves and docks, with carriages, carts, sleighs, sleds, wheelbarrows, boxes, lumber, timber, firewood, posts, awnings, signs, or any substance or material whatever. Bathing, in- Twenty-fourth. To regulate and determine the times decent exposure, etc. and places of bathing and swimming in the canals, rivers, harbors or other waters, in and adjoining said city, and to 26 oH. 1 7 CITY CHARTER. POWERS OF OOUNOIL. prevent any obscene or indecent exhibition, exposure or conduct. Twenty-fifth. To restrain and punish vagrants, mendi- vgft, cants, street beggars and prostitutes. Twenty-sixth. To restrain and regulate, or prohibit the ImgPoaUnd p i~~~~ng. running at large of cattle, horses, mules, swine, sheep, goats and geese, and to authorize the distraining, impounding and sale of the same for the penalty incurred, and the cost of the proceedings; and also to impose penalties on the owners of any such animals, for a violation of any ordinances in relation thereto. Twenty-seventh. To prevent and regulate the running at Dogs. large of dogs, to tax, and to authorize the destruction of the same when at large contrary to the ordinance. Twenty-eighth. To prevent and regulate the rolling of Rites, etc. 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. Tiventy-ninth. To make regulations to prevent the intro- Quarantine. duction or spread of contagious diseases into the city; to make quarantine laws, and enforce the same within the city, and not to exceed fifteen miles beyond the city bounds. Thirtieth. To control and regulate the streets and alleys, Streets and Ialleys. and to remove and abate any obstructions and encroachments therein. Thirty-first. To compel all persons to keep the snow, Snow,deto., on sideice and dirt from the sidewalks, in front of the premises walks owned or occupied by them. Thirty-second. To prevent the ringing of bells, blowing Noise, etc. of horns and bugles, crying of goods, and all other noises, performances and devices, tending to the collection of persons on the streets or sidewalks, by auctioneers or others, for the purposes of business, amusement or otherwise. Thirty-third. To abate and remove nuisances, and punish Nuisance& the authors thereof, by penalties, fine and imprisonment, and to define and declare what shall be deemed nuisances, and authorize and direct the summary abatement thereof; but nothing in this act shall be so construed as to oust any court of jurisdiction to abate and remove nuisances, in the 4.] 27 28 CITY CHARTER. [CH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ streets, or any other parts of said city, or within its juris diction, by indictment or otherwise. Runners. Thigrty-fourth. To license, regulate and restrain runners for boats and stages, cars and public houses. Billsrial,fmr Thity-fifth. To regulate the burial of the dead, and tality. registration of births and deaths; to direct the returning and keeping of bills of mortality, and to impose penalties on physicians, sextons and others, for any default in the premises. Lumber, TAit-~ Toadteo Lumber, Thirty-sixth. To regulate and prohibit the keeping of any lumber yard, and the placing, piling or selling lulnber, timber, wood or other combustible material within the fire limits of said city. Inspectors Thirty-seventh. To regulate the measuring and inspectof lumber. ing of lumber, shingles, timber, posts, staves and heading, and all building materials, and appoint one or more in spectors. Fish. Thirty-eighth. To regulate the place and manner of selling pickled and other fish. Hay. Thirty-ninth. To regulate the weighing, and place and manner of selling, hay; and the cutting and sale of ice, and to restrain the sale of such ice as is impure. wood and Fortieth. To regulatb the measuring of wood and the coal. weighing and selling of coal, and the place and manner of selling the same. Inspection Forty-first. To regulate the inspection of flour, meal, of flour, pork, etc. pork, beef, and other provisions, and salt to be sold in barrels, hogsheads and other packages. Inspection Forty-secotnd. To regulate the inspection of whisky and of liquors., to be sold in barrels, hogsheads and other other liquors, to be sold in barrels, hogsheads and other vessels. Inspectors. Forty-third. To appoint inspectors, weighers, gaugers, and regulate their duties and prescribe their fees. Bread. Fortyfourth. To regulate the sale of bread within said city, and prescribe the weight of bread in the loaf, and the quality of the same. Public Forty-ffth. To regulate public pumps, wells and cisterns, pumps, wells, etc. hydrants and reservoirs, and to prevent the unnecessary waste of water. Pounds. Forty-sixth. To establish and regulate public pounds. 28 [CH. CITY C]EIARTER. 4.] POWERS OF OOUNCIL. 29 Forty-seventh. To erect lamps, and regulate the lighting Lamps. thereof. Forty-eighth. To regulate and license ferries. Ferries. Forty-ninth. To regulate and prohibit the use of locomo- Steam cars. tive engines within the city, and require railroad cars to be propelled by other power than that of steam; to direct and control the location of railroad tracks, and to require rail road companies to construct, at their own expense, such bridges, tunnels, or other conveniences, at public railroad raiload cross~ings. crossings, as the common council may deem necessary; also to regulate the running of horse-railway cars, the laying ]aorserail down of tracks for the same, the transportation of passen gers thereon, and the kind of rail to be used. Fitieth. To erect and establish, either within or without Bridewell. the corporate limits of the city, a bridewell or house of cor rection, and purchase grounds therefor, pass all necessary ordinances for the regulation thereof, and appoint a keeper and as many assistants as may be necessary. In the said bridewell or house of correction, shall be confined all va- Personse committed grants, stragglers, idle or disorderly persons who may be tobridewell. committed thereto, by any criminal court or magistrate, in and for the city, and all persons sentenced to said bridewell or house of correction by any criminal court or magistrate, in and for the city, for any assault and battery, petit larceny or other misdemeanor punishable by imprisonment in any county jail; and all persons confined therein may be kept at labor or in solitary confinement. Fiftyftrst. To require every merchant, retailer, trader, Weightsand and dealer in merchandise or property of any description be sealed. which is sold by measure or weight, to cause their weights and measures to be sealed by the city sealer, and to be subject to his inspection; the standard of which weights and measures shall be conformable to those now established by law. Fifty-second. Exclusively to erect and construct, or to Bridges. permit or cause or procure to be erected and constructed, float, pivot, or draw bridges, over the navigable waters within the jurisdiction of said city, and keep the same in repair' said bridges to have draws of suitable width. F]~/~p-hi?'" ii )'S.... ~).)3}N-6-< e t' A ltt't)0'; i)O I)i'C-\?-. l},- I AmU Harbor. 29 4.] POWERS OF COUNCIL. .0.. YCHRE. [.. of the same, or any act in relation thereto, inconsistent with, or detrimental to, the public health, or calculated to render the waters of the same, or any part thereof, impure or offensive, or tending in any degree to fill up or obstruct the same; to prevent and punish the casting or depositing therein any earth, ashes or other substance, filth, logs or floating matter; to prevent and remove all obstructions therein, and punish the authors thereof; to regulate and speeds of prescribe the mode and speed of entering and leaving the vessels, harbor, of passing the bridges, and of coming to, and depart ing fiom, the wharves and streets of the city, by steam boats, canal boats, and other crafts and vessels, and the dis position of the sails, yards, anchors and appurtenances thereof, while entering, leaving or abiding in the harbor, and to regulate and prescribe by such ordinances, or through their harbor master or other authorized officer, such loca tion of every canal boat, steamboat, or other craft or vessel, or float, and such changes of station in, and use of, the har bor, as may be necessary to promote order therein, and the safety and equal convenience, as near as may be, of all such boats, vessels, crafts and floats; and to impose penalPenalties. ties not exceeding one hundred dollars for any offense against any such ordinance; and by such ordinance charge such penalties, together with such expenses as may be in curred by the city in enforcing this section, upon the steam boat, canal boat, or other vessel, craft or float. The harWhaitute bor of the city shall include the piers and so much of lake constitutes rb Michigan as lies within the distance of one mile into the lake, and the Chicago river and its branches to their re spective sources. Streets, Fifty-fourth. To control, regulate, repair, amend and alloys,I braidges, clear the streets and alleys, bridges, side and cross walks, walks, etc.. and open, widen, straighten and vacate streets and alleys, and establish and alter the grade thereof, and prevent the encumbering of the streets in any manner, and protect the same from any encroachments and injury. (Further provisions as to vacating streets, alleys, etc., Sec. 10, post, 193, and Sec. 1, post, 206.) Ornamental Fiftyfifth. To direct and regulate the planting and pre serving ornamental trees in the streets and public grounds. [011. 30 CITY CHARTER. 4.] POWERS OF COUNCIL. 31 Fifty-sixth. To fill up, drain, cleanse, alter, relay, repair Dralining ad and regulate any grounds, yards, barns, slips, cellars, private cleanig of I-yards, etc. drains, sinks and privies, direct and regulate their construction, and cause th e expenses to be collected in the manner hereinafter provided. ifty-sevenith. To erect and establish one or more pest- Pest-houa,ses, hospitals, houses, hospitals or dispensaries, and control and regulate et,. the same. Fifty-eightl. To abate all nuisances which are or may be Nuisances. injurious to the public health, in any manner they may deem expedient. Fifty-ninth. To do all acts and make all regulations which Hoelth. may be necessary or expedient, for the preservation of health, and the suppression of disease. Sixtiethz. To prevent any person from bringing, deposit- Pstrld s;ubstances, ing, or having within the limits of said city, any dead car- removal of, etc. case, or any other unwholesome substance, and to require the removal or destruction by any person who shall have, place, or cause to be placed, upon or near his premises, any such substance, or any putrid or unsound beef, pork, or fish, hides or skins of any kind; and, on his default, to authorize the removal or destruction thereof by some officer of the city. (Further provisions as to health ahd nuisances, Act of Feb ruary 16, 1865, post, 200 et seq.) Sixty first. To authorize the taking up and to provide Mhndi(cant children, for the safe keeping and education, for such periods of time edu,catiou as may be deemed expedient, of all children who are destitute of proper parental care, and growing up in mendicancy, ignorance, idleness and vice. Sixty-second. To lease or purchase, improve and main- Hofuge of refuge. tain suitable grounds, either within or without the corporate limits of said city, for a house of refuge and correction, to erect buildings thereon, and adopt such rules and regulations for the government thereof, and the punishment of juvenile offenders therein, as may from time to time be deemed expedient. Sixty-third. To authorize the arrest, fine and imprison- agadridltrs ment in the city bridewell or house of correction, as vagrants, of all persons, who, not having visible means to maintain 4.] 31 POWERS OF COUNCIL. 32 CITY CIIAI:TER. [OH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ themselves, are without employment, idly loitering or ram bling about, or staying in groceries, drinking saloons, houses of ill-fame or houses of bad repute, gambling houses, Trespassers, railroad depots or fire-engine houses, or who shall be found beggars, etc. beggars, etc. trespassing in the night time upon the private premises of others, or begging, or placing themselves in the streets or other thoroughfares or public places to beg or receive alms; Gamesters. also keepers, exhibitors or visitors at any gaming table, gambling house, house for fortune-telling, places for cock fighting, or other places of device; and all persons who go Swindlers. about for the purpose of gaming or watch-stuffing, or who shall have in their possession any article or thing used for obtaining money under false pretenses, or who shall disturb any place where public or private schools are held either on week day or Sabbath, or places where religious worship is held. Otheral Sixty-fourth. To make, publish, ordain, amend and repeal powers. all such ordinances, by-laws and police regulations, not con trary to the constitution of this State, for the good govern ment and order of the city, and the trade and commerce thereof, as may be necessary or expedient to carry into effect the powers vested in the common council, or any officer of said city, by this act; and enforce observance of all rules, ordinances, by-laws, and police and other regula tions, made in pursuance of this act, by penalties not ex Penalties. ceeding one hundred dollars for any offense against the same. The common council may also enforce such rules, ordinances, by-laws, and police and other regulations, as aforesaid, by punishment of fine or imprisonment in the county jail, bridewell, or house of correction, or both, in the discretion of the magistrate or court before which con viction may be had: Provided, Such fine shall not exceed five hundred dollars, nor the imprisonment six months. Cemeteries. SEC. 9. The common council is hereby authorized to purchase for said city such tracts of land without the city limits, for the purpose of establishing cemeteries for the interment of the dead therein, as they may think necessary, which shall be exempt from taxation under any law of this eglation St,ate; and they are also authorized and empowered to pass am: eflfrce sucll ordinlalines, rul: and rey'uiltionls withi IC][[. 32 CITY CHARTER. THE TREASURY DEPARTMENT. regard to the improvement, preservation, laying out, and ornamenting the same, and the sale of burial places or lots for the interment of the dead therein, as they may deem proper. The ground or grounds so laid out shall be placed Sueerin- S ftenidence of. under the superintendence of the board of public works of said city, and the lots which may be laid out and sold shall, with the appurtenances, forever be exempt from execution and attachment. As soon as said grounds are regulated and laid out, a map or plat thereof shall be made out by the board of public works, and a copy thereof filed in the comptroller's office, who shall have charge of the sale and disposition of all lots therein, under the ordinances and regulations of the common council. The proceeds of such Bale of lots. sales shall be paid into the city treasury, and be credited and charged on the books of the treasury department to a "cemetery fund," to be kept distinct from all other funds of said city. The said common council is also fully em- Penaltie& powered and authorized to provide for the punishment, by ordinance, of all persons who shall, without said city limits, be guilty of any violation of the regulations, rules and ordinances, established by said city in relation to such cemeteries; and such violations may be punished by fine and imprisonment, as in other cases, by any court of competent jurisdiction within said city, and all process issued for the arrest of any person or persons guilty of such violation, may be executed without said city limits, by any officer or constable thereof, the same as if such offense had been committed within the boundaries of the corporation. (Further powers of council as to canals and tunnels, Secs. 19, 20, 1post, 184, and Act of Feb. 16, 1865, post, 206 et seq.) CHAPTER V. THE TREASURY DEPARTMENT. SECTION 1. Officers of the department. 2. General duties of the department. 3. Appointment of comptroller; his compensation and bond. 4. Comptrolicr to keep account of all appropriations, expenditures and receipts. 3 SECTION 5. Comptroller to have supervision over all receiving and disbursing officers i his general powers and duties. 6. Accounts against the city to be au dited by the comptroller. 33 5.1 ' -....... SEcTIoN 7. Warrants on the treasurer to be drawn by comptroller and countersigned by the mayor; doubtful claims to be submitted to decision of mayor and finance committee. Receivers of city revenue to be charged with amount received; tax and assessment warrants to be coun tersigned by comptroller. comptrol ler to require reports of all receiv ing officers 9. Annual statement of receipts and expenditures to be made by comp troller. 10. Annual estimate of city expenses to be furnished by comptroller. 11. Monthly statements of receipts and expenditures to be made by comp troller. 12. Duties of the treasurer. 18. Warrants on treasurer, how drawn. 14. Treasurer to keep separate accounts with each fund or appropriation. 15. Duplicate receipts to be given for money paid into the treasury; cpy to be filed with the comptroller. 16. Treasurer to render monthly accounts to comptroller; warrants and other vouchers for moneys paid to be de livered to comptroller. 1T. Custody of public moneys; treasurer prohibited from using them; pen alty for violation. 18. Annual report of receipts and expen ditures to be made by treasurer register to be kept of all warrants paid by him. 19. Special assessment moneys to be kept as a special fund. 20. Bond of treasurer. 21. Duties of city collector. 22. Collector's books and papers placed under supervision of comptroller and finance committee; collector to pay over dailv all moneys collected. 28. Collector to report weeklX to comp troller; annual statement to be made in April. 24. Collector prohibited from retaining public moneys in his hands. 25. Bond of collector. 26. Penalty for selling land on which taxes have been paid. SECTION 27. Annual reports of comptroller, treas urer and collector, to be examined and compared by finance commit tee. 28. Decision of finance committee bind ing in all controversies arising be tween comptroller, treasurer and collector. 29. Comptroller, treasurer and collector to appoint and be responsible for their own clerks. 80. Council may require of said officers other duties 81. Special provisions respecting the cus tody of city moneys; penalty for embezzlement. 82. All accounts rendered by officers of treasury department to be verified by oath; form of oath. 8. Appropriations, how to be made, and when: fiscal year to commence the first of April. City expenditures limited to amount rovided for in annual appropriation bill; special exceptions 85. Bonds authorized to be issued to pay floating debt of the city. 86. Certain other bonds authorized. ST. Bonds may be issued to purchase grounds and erect buildings for house of correction. 38. New bonds may be issued to satisfy and retire old bonds when duo. 89. Comptroller to keep a register of out standing bonds; all bonds sold or paid to be specified by comptroller in his annual report. 40. Provision for raising money to pay interest on the funded debt in case of necessity. 41. Comptroller authorized, in certain cases, to borrow of one fund to meet demands upon another. 42. No bonds or evidences of debt to be issued except those specially author ized. 48. No expense to be incurred, unless an appropriation has been made con cerning it; all city officers pro hibited from being interested in any sale or contract made to or by the city. 44. Common council authorized to pro vide for the appointment of a city auditor; his general duties defined Officers of SECTION 1. There is hereby established an executive the department. department of the municipal government of said city, to be known as the " Treasury Department," which shall em brace the city comptroller, the city treasurer and the city collector, and all such clerks and assistants, including an auditor, as the common council may, by ordinance, see fit to prescribe and establish. Its general SEC. 2. The said treasury department shall have control duties. of all the fiscal concerns of the said corporation, except as herein otherwise provided, and shall prescribe the forms of keeping and rendering all city accounts whatever; and all accounts rendered to or kept in the several departments of 34 ICH. CITY CHARTER. THE TREA$URY DEPARTMENT. the city government shall be subject to the revision and inspection of the officers of this department. SEC. 3. There shall be appointed by the mayor, with Appoint ment of the advice and consent of the common council, some dis- comptroller. creet and able accountant, to be styled the city comptroller, who shall be chief of said treasury department and hold his office until removed or a successor be appointed, who shall receive such compensation for his services as may be established by law, and who shall be removable at all times at the pleasure of the mayor with the concurrence of the common council, and he shall give bonds, with securities, Bond 7.'~~~~~~~~~~~~~~required. to the amount of not less than one hundred thousand dollars, and the amount of his bond may be increased to such sum as may be fixed by the common council; said bond to be approved by the common council, and filed in the city clerk's office and entered on record. He shall also be sworn Oath of office. the same as other officers to the faithful discharge of the duties of his office. SEC. 4. The comptroller shall open and keep in a neat, Books to be kept by methodical manner, a complete set of books, under the comptrtoller. direction of the mayor and finance committee of the common council, wherein shall be stated, among other things, the appropriations of the year for each distinct object and branch of expenditure, and also the receipts from each and every source of revenue so far as he can ascertain the same. Said books and all papers, vouchers, contracts, bonds, Subjetto examinareceipts, and other things kept in said office, shall be subject tion. to the examination of the mayor, the members of the common council, or any committee or committees thereof. SEc. 5. The comptroller shall be charged with, and Comptrol oflet's supershall exercise a general supervision over, all the officers of ision over C,receiving the city charged in any manner with the receipt, collection and disbvrsor disbursement of the city revenues, and the collection and g office return of such revenues into the city treasury. He shall be the fiscal agent of said city, and, as such, shall have His general poer anfd charge of all deeds, mortgages, contracts, judgments, notes, duties. bonds, debts, choses inaction, belonging to said city, except such as are confided by this act to the custody of the board of public works or city clerk, and shall possess and carefully preserve all assessment and tax warrants, except warrants 5.] 35 3()) ('ITY CHARTER. ECH. Comptroller to examine and audit accounts. Power to administer oaths to claimants. W arrants on the treas ury, how drawn. for the collection of water rents or assessments, and the returns thereof made by any collector or receiver of taxes and assessments, and all leases of markets, wharfing privileges and other public property of said city. He shall also have supervision over the city debts, contracts, bonds, obligations, loans, and liabilities of the city, the payment of interest, and over all the property of the city, and the sale or the disposition thereof; over all legal or other proceedings in which the interests of the city are involved, and, with the approval of the mayor, to institute or discontinue such proceedings, and to employ additional counsel in special cases where he thinks the city interests require it, and generally, in subordination to the mayor and common council, to exercise supervision over all such interests of said city, as in any manner may concern or relate to the city finances, revenues and property. SEc. 6. The comptroller shall have power to examine all accounts, claims and demands for or against the city; and no money shall be drawn from the treasury, or paid by the city to any person, except as herein otherwise provided, unless the balance due or payable be first settled and adjusted by the said comptroller; and for the purpose of ascertaining the true,state of any balance or balances so due, he shall have and he is hereby clothed with full power and authority to administer an oath or oaths to the claimant or claimants, or any other person or persons whom he may think proper to examine as to any fact, matter or thing concerning the correctness of any account, claim or demand presented, and the person so sworn shall, if hc swear falsely, be deemed guilty of willful and corrupt perjury, and be subject to punishment accordingly, the same as in other cases. SEc. 7. All money found to be due and payable by the comptroller to any person, shall be drawn for by said comptroller by warrant on the treasurer, which shall be countersigned by the mayor, stating therein the particular fund or appropriation to which the same is chargeable, and the person to whom payable; but if said comptroller should, upon any examination of any account as aforesaid, still doubt as . its correctness, he shall submit the same to the mayor and 36 [CH. CITY CHARTER. THIE TREASURY DEPARTMENT. finance committee for their decision thereon, which decision Doubtful claims to be shall be binding upon the city and filed among his other submitted to mayor vouchers in the comptroller's office; and no money shall be aid finance committee. drawn from the treasury, except on the warrant of the comptroller drawn as aforesaid. SEC. 8. It shall be the duty of said comptroller, as ffieeirvitngbe ,charged nearly as may be, to charge all officers in the receipt of rev- withmoneys enues or moneys of the city, with the whole amount, from collected. time to time, of such receipts; and he shall countersign all tax and assessment warrants for the collection of revenue, issued under any ordinance or law of the city by virtue of which money is receivable or to be received or paid into the city treasury, except warrants for the collection of water rents or assessments, charging the proper officer the amount collectable thereon. He shall also require of all officers in Weekly or monthly receipt of city moneys that they shall submit reports thereof reports required of with vouchers and receipts of payment therefor, into the them. city treasury weekly or monthly, or as often as he shall see fit to require the same by any regulation which he may adopt; and if any such officer shall neglect to make an ad- Notic to u-delinquent justment of his accounts when so required as aforesaid, and officers. to pay over such moneys so received, it shall then be the duty of the said comptroller to issue a notice in writing, directed to such officer and his securities, requiring him or them within ten days to make settlement of his said ac - counts with the comptroller, and to pay over the balance of moneys found to be due and in his hands belonging to said city, accdording to the books of said comptroller; and in case of the refusal or neglect of such officer to adjust his said accounts, or pay over said balance to the treasury as required, it shall then be the duty of the said comptroller to make report of the delinquency of such officer to the mayor, Rdefmoale,1 of - ~~~~~~~~~~~~defaulters. who shall at once suspend him from office; and the mayor shall thereupon proceed forthwith to institute the necessary proceedings for the removal of such officer; and he is hereby authorized, in case of such suspension, to appoint, with the concurrence of the common council, some other person to exercise the functions of said office while such proceedings are pending. SEC. 9. The comptroller shall make out an annual 5.] 37 38 OITY OilAILT1R. [cir. comptrol- statement for publication, in the month of April in each ler's annual fitnanciaelnt year, before the annual election, giving a full and detailed statement., ii statement of all the receipts and expenditures during the year ending the first day of said month. The said state ment shall also detail the liabilities and resources of said city, the condition of all unexpended appropriations and contracts unfulfilled, and the balances of money then remaining in the treasury, with all sums due and outstand ing; the names of all persons who may have become de faulters to the city, and the amount in their hands unac counted for, and all other things necessary to exhibit the Publication. true financial condition of the city; which statement, when examined and approved by the finance committee, shall be published by him in the corporation newspaper. omptrol- SEC. 10. The said comptroller shall, also, on or before ler's annual estimate of the fifteenth day of May in each year, before the annual city expenses. appropriations are made by the common councils submit to the same a report of the estimates necessary, as nearly as may be, to defray the expenses of the city government during the current fiscal year, commencing on the first day of April; he shall, in said report, class the different objects and branches of said city expenditure, giving, as nearly as may be, the amount ruquired for each; and for this purpose he is authorized to require of all city officers and heads of departments, their statements of the condition and expense of their respective departments and offices, with any pro posed improvement and the probable expense thereof, of contracts already made and unfinished, and the amount of any unexpended appropriations of the preceding year. He shall also, in such report, show the aggregate income of the preceding fiscal year from all sources; the amount of lia bilities outstanding upon which interest is to be paid, and of bonds and city debts payable during the years when due, and where payable, so that the common council may fully understand the money exigencies and demands of the city for the current year. Monthly SEC. 11. In addition to the other duties of the compstatement of receipts and troller of said city, it is hereby made his duty, on or before expenditures. the tenth day of each and every month, to make out a monthly statements giving a full and detailed statement of 38 [cm CIT C-aAETR. THE TREASURY DEPARTMENT. all moneys received and from what sources, and on what account received, and of all moneys ordered to be paid, or drawn for by warrant by him, and on what account the same have been paid, for the month preceding that in which such statement is made, and the said comptroller shall cause the said monthly statement to be published in the corpora- Publicationg tion newspaper of said city, before the fifteenth day of each month, and shall deliver a true copy of such statement to the said common council at their next meeting. DUTIES OF THE TREASUREL SEC. 12. The city treasurer shall receive all moneys be- Duties of treasurer. longing to the city, and shall keep his office in some place to be designated by the common council, appropriated to the keeping of such office, in the treasury department. He shall keep his books and accounts in such manner as the city comptroller or common council may prescribe, and such books and accounts shall be always subject to the inspection of said comptroller and the finance committee. SEC. 13. All warrants drawn upon the treasurer must Waarrnta how drawn. be signed by the comptroller and countersigned by the mayor, stating therein the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and no money shall be otherwise paid than upon such warrants so drawn. SEC. 14i He shall keep a separate account of each Au fund or appropriation, and the debits and credits belonging thereto. SEC. 15. He shall give every person paying money Rceipts. into the city treasury a duplicate receipt therefor, specifying the date of payment, upon what account paid; and he shall also file copies of such receipts with the city comptroller at the date of his monthly reports. SEC. 16. The treasurer shall, at the end of each and:ot,th.yl every month, and oftener if required, render an account to the comptroller, under oath, showing the state of the treasury at the date of such account, and the balance of moneys in the treasury. He shall also accompany such account with a statement of all moneys received into the treasury and on what account, together with all warrants redeemed in]1 39 40 GITY OHARTER. [OH. warrants to and paid by him, which said warrants, with any and all be returned. other vouchers held by him, shall be delivered over to the comptroller, and filed with his said account in the comptrol ler's office upon every day of such settlement. He shall return all warrants paid by him stamped or marked "paid;" and shall give a list of said warrants, stating the number and amount of each. oaUtodynydof SEC, 17. The treasurer may be required to keep all monoity moneys eys in his hands belonging to the city, in such place or places of deposit as the common council may by ordinance provide, order, establish or direct. Such moneys shall be kept distinct and separate from his own moneys; and he is pohibited hereby expressly prohibited from using, either directly or 'rom using indirectly, the corporation money or warrants inhis custody them. mnyi i and keeping, for his own use and benefit, or that of any other person or persons whomsoever; and any violation of this provision shall subject him to immediate removal from office by the mayor, with the concurrence of the common council, who are hereby authorized to declare said office vacant; and the mayor, in case of said removal, shall nom inate a successor, who shall be appointed to said office upon the confirmation of the said common council, and hold his office for the remainder of the unexpired term of such offi cer so removed. Treasnrer'8 SEC. 18. The treasurer shall also report to the common annual report. council, annually, in the month of April, before the elec tion, and oftener if required, a full and detailed account of all receipts and expenditures during the preceding fiscal year, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, describing such warrants, their date, amount, number, the fund from which paid, and persons to whom paid, specify ing also the time of payment; and all such warrants shall be examined at the time of the making such annual report to the common council, by the finance committee, who shall examine and compare the same with the books of the comptroller, and report discrepancies, if any, to the com mon council. Special e SEC. 19. All moneys received on any special assessment fundas al sessmentb funds. shall be held by the treasurer as a special fund, to be ap 40 [CH. CITY CHARTER. 5.] TilE TREASURY DEPARTMENT. 41 plied to the payment of the improvement for which the assessment was made; and said money shall be used for no other purpose whatsoever. Treasuror's SEC. 20. The treasurer shall give bond with sureties to bond. the amount of not less than two hundred thousand dollars, and the amount of his bond may be increased to such sum as may be fixed by the common council; said bond to be approved by the common council, and filed in the clerk's office, and entered on record. He shall also be sworn the same as other officers, to the faithful discharge of the duties of his office. CITY COLLECTOR. SEC. 21. It shall be the duty of the city collector to Dutiets of collector. collect all taxes and assessments which may be levied by said city, and perform such other duties as may be herein prescribed, or ordained by the common council. He shall keep his office in such place as may be designated and provided by the common council, appropriated to the keeping of such office in the treasury department, and shall keep in said office, besides his collection and revenue warrants, such other books, vouchers, records and accounts as the comptroller may, by regulation of the department, direct and prescribe, which books and records, with all other papers, shall remain in and pertain to said office, and be handed over to the successor or successors of said officer, or be deposited in the office of the comptroller. SEC. 22. All the city collector's papers, books, warrants bookstand p ~~~~~~bookstand and vouchers, shall be examined by, and the same are here- paper. by placed under the supervision of the comptroller, together with the finance committee; and the said collector shall, daily, on receipt of the same, pay over all moneys collected To pay over daily all by him of any person or persons, to the city treasurer, tak- mo-eys received. ing his receipt therefor, which said collector shall immediately file in the comptroller's office. SEC. 23. The city collector shall make report, in writing Weekly 'y ~~~~~~~~~~~~~~reports. under oath, to the comptroller, weekly, or oftener if required, of the amount of all moneys collected by him; the account upon which collected, and shall file with him the vouchers or receipts of the treasurer for the amount so collected. He shall also, in the month of April in each year, before Annual statement. 5.1 41 THE TREASURY DEPARTMENT. 42 OITY OHARTER. the annual election, submit to the common council and finance committee, a statement of all moneys by him col lected during the year, and the particular warrant, assess ment or account upon which collected, and the balance of moneys uncollected on the warrants in his hands or returned to the comptroller, and a copy of such statement shall also be filed with the comptroller. cotltectorain SEc. 24. The city collector is hereby expressly prohibnot to retain the public ited from keeping the moneys of the city in his hands, or money. in the hands of any person or corporation to his use, be yond the time prescribed for the payment of the same to the city treasurer; and any violation of this provision shall subject him to immediate removal from office by the may or, with the concurrence of the common council; and it is hereby declared to be the duty of the mayor, upon such removal being made, to nominate and appoint a successor, with the advice and consent of the common council. Collector's SEC. 25. The collector shall give bond with sureties, to bond. the amount of not less than one hundred thousand dollars, and the amount of his bond may be increased to such sum as may be fixed by the common council, said bond to be approved by the common council and filed in the clerk's office and entered on record. le shall also be sworn the same as other officers to the faithful discharge of the duties of his office. sLibilitynfr SEC. 26. If the collector shall receive any money for when taelx taxes or assessments, giving a receipt tberefor for any land have been paid. or parcel of land, and afterwards sell the same at any sale for taxes or assessments for the tax or assessment which has been so paid and receipted for by himself or his assist ant, he and his bond shall be liable to the holder of the certificate given to the purchaser at the sale, for double the amount of the face of the certificate, to be demanded within three years from the date of sale, and recovered in any court having jurisdiction of the amount; and the city shall in no case be liable to the holder of such certificate. GENERAL PROVISIONS. Finance committee to examine all reports. SE$ 27. The finance committee and the comptroller shall, annually, meet in the month of April, and compare 42 [CIL CITY CIIARTEP.. 5. TH hA- EPRMN.4 all such reports and statements as are made by the comptroller, treasurer and collector, and report thereon to the common council SEC. 28. In the adjustment of the accounts of the Foinancttee committee treasurer and collector with the comptroller, there shall be to vcaer an appeal to the finance committee, whose decision in all osices bertwofen tetreasury dematters of controversy arising between said officers in the partmnt. treasury department, shall be binding, unless the common council shall otherwise direct and provide SEF. 29. The comptroller, city treasurer and city collec- Arkddctts tor, shall severally appoint such various assistants, clerks and subordinates, in their respective offices, as the common council may authorize; and shall be held severally responsible for the fidelity of the persons so appointed by them. Said subordinates shall in all cases be sworn to the faithful discharge of their duties, as other officers. SEC. 30. The said comptroller, collector and treasurer, Other duties )may be shall perform such other duties, and be subject to such required. other rules and regulations, as the common council may from time to time by ordinance provide and establish. SEC. 31. The treasurer and city collector, and all re- City money not to be ceivers of city money, are hereby required to keep safely, loaned or used by without loaning or using, all thcity or public moneys col- receiving officers. lected by them, or otherwise at any time placed in their custody or disposal, till the same are paid over or directed by the proper officer, warrant, law, or order of the corporation, to be transferred or paid out, and to make all payments and transfers promptly when thereto required by any law or order of said corporation, or under any regulation of the comptroller. And if any one of said officers, or of those Penalty for embezzleconnected with them, in the collection, safe keeping, or dis- ment. bursing of said city revenues, shall convert to his or their own use, in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan, with or without interest, any portion of said city moneys entrusted to him or them for safe keeping, dis bursement, payment, transfer, or for any other purpose, every such act shall be deemed and adjudged to be an em bezzlement of so much of the said moneys as shall be thus taken, converted, invested, used or loaned, which is hereby 5.1 43 THE TP.'GASVUY I)hVART31EFNT. 44 OIYOATE.[ declared a' felony, and any officer or agent of said city, and all persons advising or participating in such act, or being a party thereto, shall, upon conviction before any court of competent jurisdiction in this State, be sentenced to imprisonment for a term of not less than six months nor more than ten years, in the penitentiary of this State; and also be fined in a sum equal to the amount of the money em bezzled. aOfficersts to SEC. 32. All returns and accounts made or required to be verified be rendered under this act, by any of the officers in said by oath. ber treasury department, shall be verified by the oath of the person rendering it; in which said oath it shall be declared that said statement, so far as he knows or has reason to believe, is a fair, accurate and full statement of the matters to which it relates, and of all moneys in his hands, or which he or any one for him has received since his last official account was rendered; and that he has not directly or indirectly used, loaned, invested or converted to his own use, or suffered any one to use, loan, invest, or convert to their or his use, any of the public moneys receivable or received by him, or subject to his warrant or control; but that he has acted diligently and without any collusion or fraud in the collection and disbursement of the public moneys of said city, and that he hath rendered a true and full account thereof in his said statement; which oath shall be attached to and filed with said accounts in the proper office of the comptroller or city clerk, as the case may be; and in case the said statements, or any of them, shall be false, the said person so making such statement shall be deemed guilty of willful and corrupt perjury, and shall be punished accordingly. APpropria- SEC. 33. All appropriations shall be based upon specific tions, how and when to and detailed statements, made by some proper head of a be made. department or officer of the city, and shall be made within Fiscal year. the first quarter of the fiscal year; which fiscal year shall be held to commence on the first day of April in every year. cittyeXPen- SEC. 34. Neither the common council, nor any departlimited. ment or officer of the city, shall add to the city expendi tures, in any one year, anything over and above the amount 44 Icir. CITY CHARTER. I provided for in the annual appropriation bill of that year, except as is herein otherwise specially provided; and no expenditure for an improvement to be paid for out of the general fund of said city, shall exceed in any one year the amount provided for such improvement in the annual appropriation bill: Provided, however, That nothing herein Special excontained shall prevent the common council from ordering any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The common council may order the mayor and comptroller to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improvement, the necessity for which has arisen as is last above mentioned, for a space of time not exceeding the close of the next municipal year; which sum and the interest shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. Should any judgment be obtained against the city, the comptroller, under the sanction of the mayor and committee of finance, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next municipal year; which sum and interest shall in like manner be added to the amount authorized to be raised in the general tax levy of the next year, and embraced therein. SEC. 35. The city comptroller is hereby authorized, Iof SEC. 35.The citycomptroler is hreby autorize Ibonds to under the sanction of the mayor and committee of finance. Provide for , floating debt to issue and negotiate the bonds of said city, payable, principal and interest, in the city of New York, and bearing interest payable semi-annually at a rate not exceeding seven per cent. per annum, and becoming due and payable on the first day of April, 1881, to an amount sufficient to satisfy and retire all the floating debt now outstanding against said city, and which has not been heretofore provided for. Said bonds shall be in the ordinary form of bonds of said city, and shall be issued in denominations of five hundred or a thousand dollars each, as the said mayor and comptroller may deem proper; and it is hereby made the duty of the common council, at the time of levying the general tax in each year, to provide for the payment of the interest accruing on the whole funded debt of the city, which is not oth 45 5.1 THE TREAS'UR-l' DEPART3fENT. 46 CITY OHART~R. [OH. erwise provided for, in addition to the amount which they are authorized to levy for other purposes. other bond SEC. 36. In addition to the amount of bonds herein authorized authorized to be issued, the common council may, in its discretion, provide by ordinance, for completing the issue of the bonds of said city to an amount not exceeding one hun dred thousand dollars, authorized by the sixty-sixth section of the act amendatory of the city charter approved Febru ary 18th, 1861: Provided, That the whole amount of the bonds heretofore issued pursuant to said authority, and of the bonds hereafter issued by virtue of this section, shall not exceed the said sum of one hundred thousand dollars. The proceeds of said bonds, when sold, may be used in paying the general expenses of said city, and in payment of the expense, either in whole or in part, of such perma nent improvements, chargeable to the general fund, as may be ordered by the common council, before the making of the next annual appropriation. boIndsmedy SEC. 37. The common council may also, in its discrebe issued to.. hostablih tion, provide by ordinance for issuing and negotiating the house of correction. bonds of said city, payable principal and interest in New York, in twenty years from date, and bearing interest at a rate not exceeding seven per cent. per annum, pay able semi-annually, to an amount not exceeding one hundred thousand dollars, for the purpose of purchasing grounds, either within or without the corporate limits of said city, and erecting the necessary buildings thereon, for a city bridewell or house of correction. Such bonds shall be in the ordinary form of bonds of said city, and shall be issued in denominations of five hundred or one thousand dollars each, as the mayor and comptroller may deem for the best interest of said city. New bonds SEC. 38. Whenever any of the bonds of the city, which may be Itssud, to may have been heretofore, or may hereafter be, lawfully issued, shall become due, the common council may authorize the mayor and comptroller to issue new bonds to an amount sufficient to retire and satisfy the same, running either ten or twenty years, bearing interest at a rate not exceeding seven per cent. per annum, payable semi-annually, and payable, principal and interest, in the city of New York. loir 46 CITY CHARTER. 0 THE TREASURY I)EPARTMENT. SEC. 39. The comptroller shall keep in his office, in a Re,gste,r of ....... onds to be book or books kept separately for this purpose, a correct kept by list of all the outstanding bonds of the city, showing the comptroler. number and amount of each, and when and to whom the samne were issued; and when any of said bonds are pur chased or paid and canceled, said book or books shall show the same. In his annual report the comptroller shall de- Bonds sodtld -.... ~~~~~~~~~~or paid to be scribe particularly the bonds sold during the year, and the,pnt lR terms of the sale, with each and every item of the expense repo. thereof He shall also describe the bonds paid or purchased in order to be canceled, the person of whom purchased, and the amount paid, with each and every item of the expense thereof. SEc. 40. In case there shall not be money enough in the srpyeialn treasury, applicable thereto, to pay any semi-annual install- ",q,nttng ment of interest on the funded debt of the city the comp- funded debt. troller shall present a statement, under oath, to the finance committee, of the amount of the deficiency, which shall be afterwards filed with the city clerk; and it shall then be lawful for the mayor and comptroller, under the sanction of said committee, to issue and negotiate drafts upon the treasurer, payable out of the first moneys that may come into the treasury applicable to the payment of said interest, to an amount sufficient to supply said deficiency. Said drafts shall not have more than ninety days to run; but they may be renewed, if necessary, ninety days successively, until there shall be revenue enough received into the treasury to pay the same. SEC. 41. In case of a deficiency in any fund to meet Authortjrto ..... ~~~~~~~~~borrw from any denland upon it, the comptroller may, with the sanction onerd to of the mayor and finance committee, use to meet such de- demanda mnand, any moneys standing to the credit of any other fund, another. either general or special, except the water fund, the schooltax fund, and special assessment funds: Provided, The con- Powso. sent of the officer or department more particularly charged with the disbursement of the fund so used, shall be first had and obtained thereto. A correct account of all moneys so transferred shall be kept by the comptroller, and said moneys shall be replaced by him, within not to exceed three months, out of the revenue subsequently received into the 5.] 47 48 OITY CHARTER. [CH. treasury to the credit of the fund thus supplied. No moneys shall be so used or transferred, unless adequate provision has been made which will permit their reimbursement within said period. IBssue of SEc. 42. No bonds or other evidences of debt shall be bonds restricted issued by the city, except as is in this act provided. (Further provisions for issuing bonds and borrowing money, sprscia Secs. 13, 14, 21, 25, 31, post, 181-189.) provision as to contracts, SEC. 43. No contracts shall be hereafter made by the etc. common council, or any committee or member thereof, and no expense shall be incurred by any of the officers or de partments of said city government, whether the object of expenditure shall have been ordered by the common council or not, unless an appropriation shall have been previously made concerning such expense. And no member of the common council, head of a department, clerk, city officer, assistant or employee in any department of said city, shall be directly or indirectly interested in any contract, work or business, or the sale of any article, the expense, price or consideration of which is paid from the city treasury, under the penalty of his immediate removal from office. Cityauditor SEC. 44. The common council may hereafter, in their discretion, provide forthe appointment of a city auditor, to hold his office for two years and until the appointment and qualification of his successor, whose duty it shall be to examine personally and certify to the correctness or incor rectness of all the accounts rendered for any money which may be collected or disbursed by any of the departments or officers of said city. The said common council may by ordinance prescribe his qualifications and more particularly define his duties; and he shall be removable from office at any time by the mayor with the concurrence of the common council. (Provision as to appointment and removal of auditor, Sec. 1, post, 191.) 48 [CH. CITY CHARTER. 6.] TH OR F?BI OK.4 CHAPTER VI. THE BOARD OF PUBLIC WORKS. SECTION 1. Board of public works, how consti tuted. 2. Salary of commissioners; bond. 8. President and treasurer; by-laws. 4. Secretary of the board; city engineer. 5. Duties of city engineer. 6. Power to license land surveyors. 7. Plats of subdivisions to be approved by the board. 8. Board authorized to employ superin tendents, surveyors and other sub ordinates. 9. Office and other expenses, how paid. 10. A majority of the board necessary for a quorum; record of proceedings; annual report; power to administer oaths. 11. General duties of the board. 12. Control over streets and alleys. 18. Permits for erection of wooden build ings within fire limits; fees for permits. 14 Board to act as commissioners to make special assessments. 15. Board to advertise for proposals for all work to be done by city; bidders to furnish bonds. 16. Contracts to be let to lowest reliable bidder. SECTION 17. Reservations to be inserted in all contracts; estimates to be issued to contractors; liability of city to con tractors. 18. Board authorized in certain cases to employ workmen to perform or complete any public work. 19. Materials, how purchased. 20. Advertising for bids may be dispensed with in certain cases. 21. Bonds and contracts to be made in the name of the city. 22. Commissioners forbidden to be inter ested in contracts. 23. Board to have exclusive charge of water and sewerage works. Former contracts concerning water and sewerage works to be completed by the board; special provision re lating to new contracts. 25. Annual estimate to be furnished by the board, of sums required for re pairs and improvements; moneys raised for said board, how dis bursed. 26. Oath of office; special requirement. 27. Members prohibited from deriving any profit from deposit of public moneys; custody of city funds; penalty for embezzlement. 28. Accounts to be kept of receipts and expenditures. SECTION 1. There is hereby established an executive Board, how department of the municipal government of said city, to be known as the "Board of Public Works," to consist of the mayor, who shall be a member of the board ex officio, and three commissioners, to be chosen in the manner herein before prescribed. (Mfayor no longer member of board of public works, Sec. 19, post, 196. Two members added, for special purpose, Sec. 16, post, 182.) SEC. 2. Said commissioners shall each receive an annual Salary. salary of twenty-five hundred dollars, and shall each, before entering upon the discharge of his duties, give bond to the Bond. city in the sum of one hundred thousand dollars, with sureties to the satisfaction of the common council, which bond shall be conditioned for the faithful discharge of his duties as such commissioner; and that he will well and truly pay over any and all moneys, and surrender any and all property, books and papers which may come into his 4 49 6.] THE BOARD OF PUBLIC WORKS. 50 CITY CHARTER [OH. hands as such commissioner, on the expiration of his term of office, or when required to do so by the common council. (Salary fixed at three thousand dollars, Sec. 16, post, 182.) President SEC. 3. Said board shall elect from their number a and treasurer. president and a treasurer, who shall hold their offices for the term of one year, and until their successors are elected Br-law. and qualified, and they shall establish by-laws for the regu lation and conduct of their officers and employees. Secretary. SEC. 4. Said board shall appoint a secretary, and some competent and scientific person as civil engineer to said cnineerty board, who shall be styled the city engineer. The officers ,engineer. so appointed shall be removable at any time, at the pleasure of the board of public works. Duties of SEC. 5. It shall be the duty of the city engineer to city ,pg.neer perform all the civil engineering required by the board of public works in the prosecution of all public improvements committed to their charge, and to do such other surveying as may be directed by the board or by the common counciL He shall receive for his services such annual salary as the common council shall direct; and shall devote his whole time to the duties of his office. He shall possess the same powers in making surveys and plats, within the city, as is given by law to county surveyors, and the like effect and validity shall be given to his acts, and to all plats and sur veys made by such engineer, as are or may be given by law to the acts, plats and surveys of county surveyors. Power to SEC. 6. The said board of public works shall have license land surveyors. power, upon application being made to them by any citizen, of whose character and qualifications satisfactory evidence shall be produced, to give such applicant a license, under the corporate seal, to act for two years as a land surveyor in said city, and for each license so granted said board shall require a fee of ten dollars to be paid into the city treasury. Oath of our- Surveyors so licensed shall take the same oath required by ~oyors. law to be taken by the county surveyor, and shall give bond to the city of Chicago, with two sufficient sureties, to be approved by said board, in the penal sum of twenty-five hundred dollars, conditioned for the faithful performance of the duties of a land surveyor, and the payment of all damages that may be sustained by any individual for whom 50 [OH. CITY CHARTER. THE BOARD OF PUBLIC WORKS. such services may be rendered, in consequence of the carelessness, misconduct or incompetency of such surveyor. Said bond shall be filed in the office of said board, and suits may be brought and recovery had thereon in the name of said city, by any party who may have sustained damages as above mentioned; but said city shall in no case be held liable for the costs of such action, nor for any delinquency, fault or misconduct of such surveyor. The license to be License to be recorded. granted as above provided, with a certificate of the aforesaid oath subjoined thereto, shall be recorded in the office of the recorder of Cook county; and then, and not before, the person so licensed shall have full power and authority, for the term of two years from the date of such license, to make surveys within the city limits, and the like effect and validity shall be given to his acts, and to all plats and surveys made by him, as are or may be given by law to the acts, plats and surveys of county surveyors: Provided, That the surveyors so licensed shall be governed by such laws of the State of Illinois, and such ordinances of the city of Chicago, prescribing the mode of surveying, as are now or may hereafter be in force: And Pri-ovidedfurther, That the said board of public works shall have power to revoke any Revocation license granted under the proviions of this section, upon satisfactory evidence being presented to them of the incompetency or official misconduct of the person so licensed. SEC. 7. In all cases where lands in said city are hereafter Plts of sub divisions to subdivided and laid out into blocks or lots, sub-lots, streets be tapproved by the and alleys, or new streets or public grounds are donated or board. granted to the public by any proprietor, in order to secure a uniform plan in the laying out of such streets and alleys, the map or plat thereof shall be submitted to the board of public works for their approval. If they approve the same, they shall certify upon it their approval; and no such map or plat shall be entitled to record or have any validity until so approved by said board. SEC. 8. The board of public works is authorized to Superinten. denats, isuremploy, from time to time, such superintendents, surveyors, veyors, clerks, assistants and workmen, in the discharge of their clerks, duties, as they may deem necessary, subject, however, to such regulations respecting the number of agents regularly 6.] .51 59 CITY CHARTER. [oi{. or permanently employed, and their compensation and duties, as the common council may prescribe by ordinance. Office ex- SEC. 9. The office expenses, and the expenses for clerks, penses, etc. engineers and assistants, and the salaries of said commis sioners of the board of public works and their officers, shall be a charge, and shall be paid, share and share alike, out of the funds pertaining to the general fund of said.city, and the funds pertaining to the water and sewerage works of said city; each of said funds to bear one-third of said expense. Quorum. SEC. 10. A majority of said board shall constitute a Record of quorum to do business; they shall keep a record of all their proceedings. acts and doings, and shall keep and preserve copies of all contracts, estimates, receipts, plans, profiles, and the papers Annual of the board; and shall report their acts and doings in detail report. to the common council, on or before the tenth day of April in each year, and oftener when required so to do by the Poweritor common council. Each of said commissioners shall have administer oaths. power to administer any oath authorized to be taken'by the laws of this State. Board to SEC. 11. It shall be the duty of said board to take the take special charge of special charge and superintendence, subject to such general streets, pubic build- ordinances as may be lawfully established by the common ings, river improve- council, of all streets, alleys, lanes or highways in said city, and of all walks and cross-walks in the same, and of all bridges, docks, wharves, public places, public landings, public grounds and parks in said city, and of all markets, market-places and market-houses, engine-houses, hospitals, armories and all other public buildings in said city, belong ing to the city, except school-houses, and of the erection of all public buildings; of all lamps and lights for the lighting of the streets, alleys, lanes, highways, bridges, parks, public places and public buildings of the city, and of the erection and repair of such lamps and lights; of all works for the widening, deepening or dredging of the Chicago river, or either of its branches; of all sewers, and the works pertain ing thereto; of the water works of said city; of all public improvements hereafter to be commenced by said city; and they shall perform all the duties by this act prescribed, and ECI 52 CITY CHARTER. THE BOARD OF PUBLIC WORKS. such other duties as the common council may prescribe by ordinance. SEC. 12. The said board shall have the exclusive privi- Permits for moving and lege to grant permits, according to the ordinances of the raising buildings, city, for the moving of houses through the streets of the etc. city, and the raising of buildings and sidewalks, and to regulate the building or placing of vaults under the streets, alleys and sidewalks, and require such compensation for the privilege as they shall deem reasonable and just, subject to the approval of the common council; also to regulate all open spaces for basement stories, and the use of the public streets in any legal and proper manner, except for railroad tracks; and no building material or obstruction of any kind shall be placed in the public streets, alleys, or on the public grounds, without the written permit of said board. Said board shall have full power to regulate and control the manner of using the streets, alleys, highways use of streets for and public places of the city, for the laying down of gas g.-ad a ter pipes, or water pipes and sewers, and determine the location etethereof, and to cause the prompt repair of the streets, alleys, highways and public places whenever the same may be taken up or altered; and they are hereby authorized and empowered to charge and collect, by suit or otherwise, in the name of the city of Chicago, the expense of such repairs to and from the person or persons by whom such street, alley, highway or public ground may have been taken up or altered. SEC. 13. The said board shall have the exclusive privi- Wooden buildings lege of granting permits for the erection of wooden build- within fire limits. ings within the fire limits of said city, subject to such general regulations as the common council may by ordinance prescribe; and for all permits of every kind which said Fre for permits. board is authorized to grant, it may make such reasonable charge as it may deem proper, or as the common council may by ordinance direct. (Further provision as to permits, Sec. 19, post, 184.) SEC. 14. The commissioners of the board of public Commi sioners of works, with the exception of the mayor, shall in all cases, Speceial as sessments. except as is in this act otherwise provided, act as commis sioners to make special assessments, whenever the same 6.1 53 54 GITY OHARTER. [OH. may be ordered; for the making of which assessments they shall receive no fees. (Exception of the mayor superseded, Sec. 19, post, 196.) Board toad- SEC. 15. Whenever any public improvement shall be vertise for proposals for ordered by the common council of said city, and the assessdoing public work. ment for the same (where the same is to be paid for by special assessment,) shall have been confirmed, and one-half of such special assessment shall have been paid into the city treasury, the said board of public works shall advertise for proposals for doing said work; a plan or profile of the work to be done, accompanied with specifications for the doing of the same, being first placed on file in the office of said board; which said plan, profile and specifications shall at all times be open for public inspection; which advertise ment shall be continued for at least ten days in the corpo ration newspaper, and shall state the work to be done. The Bids. Bids. bids for the doing of such work shall be sealed bids, directed to said board, and shall be accompanied with a bond to the city in the sum of two hundred dollars, signed by the bidder and two responsible sureties, conditioned that he shall execute the work for the price mentioned in his bid, and according to the plans and specifications, in case the contract shall be awarded to him; and in case of default on his part to execute a contract and perform the work, said bond may be sued and judgment recovered thereon by the city for the full amount thereof, in any court having juris diction of the amount. Said bids shall be opened at the hour and place mentioned in said notice. When the ex pense of any work or public improvement shall exceed the sum of five hundred dollars, and the same is to be paid out of the general fund, or the water or sewerage fund of said city, the doing of such work shall be let by contract, in the same manner as is provided in cases where the expense of the same is to be paid for by special assessment. (Improvement may be made, in some cases, before assessment, Sec. 5, post, 179. Work may be done by the board, in some cases, without contract, Sec. 10, post, 180.) Contracts to SEC. 16. All contracts shall be awarded by said board be let to lowest to the lowest reliable and responsible bidder or bidders, who reli able bidder. shall have complied with the abover equisition, and who will [cir. 54 CITY C]EIARTER. 6.] THE BOARD OF PUBLIO WORXS. 55~~~~~~~~~~~~~~~~~;- sufficiently guarantee, to the satisfaction of said board, the performance of said work, under the superintendence and to the satisfaction of said board: Provided, That the contract price does not exceed the estimate, or such other sum as shall be satisfactory to said board; copies of which contracts shall be filed in the office of the comptroller of said city. SEC. 17. The board of public works shall reserve the Reserva tions to be right, in their said contracts, to finally decide all questions inosetrrtadin 0contracts. arising as to the proper performance of said work; and in case of improper construction, to suspend said work at any time, and re-let the same; or to order the entire re-construction of said work, if improperly done; or re-let the same to some more capable and faithful contractor or contractors, with power hereby given to said board to adjust the difference of damages or price, (if any there be,) which the contractor or contractors failing to properly construct such work, in such cases of default, should, in their opinion, pay to the city, according to the just and reasonable interpretation of such contract; which difference or balance shall be recoverable at law in the name of said city, before any court having competent jurisdiction thereof, against such contractor or contractors. In all cases where the contractor or Estimatesto be issued to contractors shall proceed to properly perform and complete contractors. their said contracts, the said board may, in their discretion, from time to time, as the work progresses, grant to said contractor or contractors an estimate of the amount already earned, reserving fifteen per cent. therefrom, which shall entitle the holder or holders to receive the amount that may be due thereon when the money applicable to the payment of such work shall have been collected, and the conditions annexed to said estimate, if any, shall have been satisfied. Any persons taking any contracts with the city, and who Liability of city to agree to be paid from special assessments, shall have no contractors. claim or lien upon the city in any event, except from the collections of the special assessments made for the work contracted for; and no work to be paid for by a special assessment, shall be let except to a contractor or contractors who will so agree. SEc. 18. In case the prosecution of any public work 6.1 55 THE BOARD OF PUBLIC' WORKS. 56 CITY CHARTER. [CH. Board to should be suspended in consequence of the default of any employr weorkmen to contractor, or in case the bids for doing any such work complete an improve- should be deemned excessive, or the persons making proposals ment in oertaincaise not responsible or proper persons to be entrusted with its performance, the board of public works may, with the writ ten approval of the comptroller, where the urgency of the case and the interests of the city require, employ workmen to perform or complete any improvement ordered by the common council: Provided, That the cost and expense thereof shall in no case exceed the amount assessed or sum appropriated for completing the same. Materials, SEC. 19. All supplies of materials, or necessaries of any how purchased. kind, exceeding in amount the sum of five hundred dollars, shall be purchased by said board of public works, when practicable, by contract with the lowest responsible bidder, as is provided for the making of contracts for the doing of work. Advertising SEc. 20. Whenever the said board of public works shall for bids disPhenned deem it necessary for the interests of the city, and to prowith in certainctes tect the same from great loss and damage, they shall report to the common council such necessity, and the reason for the same, asking from the council the power to enter into a contract (specifying such contract) without giving the notice in this act required to be given before letting a contract; and the common council, on being satisfied of such neces sity, may, by resolution, grant such power: Provided, Three-fourths of all the aldermen elected shall vote in favor of such resolution. Contracts to ontrmadet t SEC. 21. All contracts entered into by said board of be made in name of city public works, and all bonds taken by them, shall be entered into in the name of, and be made to, the city of Chicago. Commis- SEC. 22. No member of the board of public works, nor sioners not to;be officer or clerk in their employ, shall be interested, directly interested in contracts, or indirectly, in any contract made and entered into by said etc. board of public works, for any work or for any materials to be furnished therefor; and all contracts made with said board in which any member or officer of said board shall be so interested, shall, at the option of the city, be declared utterly void and of no binding effect whatever; and any member or officer of said board interested in any contract [CH. 56 CITY CHARTER. THE BOARD OF PUBLIC WORKS. shall thereby forfeit his office, and be removed therefrom on proof of such delinquency; and it is hereby made the duty of each member of said board of public works, and of the mayor, and of every officer of said city, to report to the common council any such delinquency when discovered. SEc. 23. The board of public works shall have the Board to have exclusive charge and superintendence of the sewerage and exclusive charge of water works of said city, and shall receive and collect all wateraagned water rents, water taxes or assessments, and sewerage per- works. mits and licenses; and they shall report to the city treasurer once in each week all moneys so received by them. and at the same time pay over to said city treasurer all such moneys, with a statement of the same, to which account the same belong, and shall receive his receipt for all moneys so paid over. SEC. 24. All bonds, contracts, agreements or obliga- Contracts Ifor water tions, of what kind or nature soever, heretofore executed and sewerage by the board of sewerage commissioners, or water commis- works. sioners, shall be carried out and completed by said board of public works. All contracts entered into by said board on account of the sewerage or water works of said city, shall - specify that they are for ~uch works, and are to be paid out of the funds pertaining to such works. SEc. 25. The board of public works shall, on or before Annual estimate of the first day of May in each year, submit a statement to the sums required for comptroller, to be by him laid before the common council, repairs etc. with his annual estimate, of the repairs and improvements to be paid for out of the general fund of the city, and necessary to be undertaken by said city during the current year, and of the sums by said board of public works required to make such repairs and improvements, as near as the same can ba estimated, which report shall be in detail; and such estimate having been revised by the common council, the aggregate amount of the sums required after such revision shall be provided for in the general tax levy to be laid on said city. All moneys hereafter to be paid to Muodemof dtsany person or persons out of the moneys so raised and appropriated, or out of the sewerage or water funds, or any special assessment fund, shall be certified by the president 6.1 57 58 CITY OHARTR. [OH. of the board of public works, or, in his absence, by the acting president of said board, to the comptroller, who shall draw his warrant on the treasurer therefor, stating therein the particular fund to which the same is chargeable, and the person to whom payable; and such warrant shall be countersigned by the president, or, in his absence, by the acting president, of the board of public works and the mayor. Oath of SEC. 26. The commissioners of the board of public office. works shall be sworn the same as other officers to the faith ful discharge of the duties of their office; and no person hereafter elected shall act as a commissioner of said board secal ret- until, in addition to the oath required of all city officers, he quirement. shall swear that he is then, and for the year immediately preceding has been, a resident freeholder in the division of the city from which he was elected, which oath shall be filed in the clerk's office. Members SEc. 27. No member or officer of said board, or other prohibited :.r,Ong officer of said city, and no member of the common council, deriving profit from shall either directly or indirectly receive any interest or public funds profit whatever on account of the deposit of any of the funds belonging to the city; nor shall any member or officer of said board, or officer of said city, or any member of the common council, either directly or indirectly, make use of or borrow any of said funds for his own private benefit or advantage. The funds of said city in the hands Custody of of said board, shall, until deposited with the treasurer of city funds. said city, as herein before provided, be kept in such place or places of deposit as shall, by an order of said board, be directed, which order shall be entered upon the records of Penalty for the said board. If either of the members or any of the embezzlement. officers of said board shall, either directly or indirectly, receive or appropriate for his own use or benefit any of the funds, money or property of the said city, or shall directly or indirectly take, pledge or borrow any of the said funds or property for his own use or benefit, such member or officer of said board shall be deemed guilty of embezzle ment, and shall be liable to indictment, and on conviction thereof shall be sentenced to imprisonment for a term of not less than six months nor more than ten years, in the 58 [0-H. CITY CHARTER. PUBLIC IMPROVEMENTS, ETC. penitentiary of this State; and also be fined in a sum equal to the amount of the money embezzled The members of said board shall be liable upon their bond for the loss of any or all moneys coming into the possession or control of said board. SEC. 28. It shall be the duty of the said board to keep Account of receipts and books of account, showing with entire accuracy the receipts expendi c) ~~~~~~~~~~~~~tures, eto. and expenditures of the board, in such manner as to enable the same to be readily understood and investigated; and also to preserve on file in their office duplicate vouchers for all their expenditures, which books and duplicates shall at all times be open to the examination of the comptroller of said city, or to the finance committee of the common council, or to any other committee appointed by the common council. CHAPTER VII. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. BECTION 1. Power to lay out streets; to improve them; to) widen and deepen the river; to construct sidewalks; and improve parks. 2. Expenses defrayed by special assess ments. 8. Applications for public improve ments to be made or referred to board of public works; board to report to council. 4. Plan or profile of improvements to be furnished in certain cases; facts to be specially reported; three fourths vote of council required in certain cases. 5. Assessments for condemnation of real estate. 6. Commissioners to be sworn; notice of meeting; witnesses may be ex amined. 7. Damages to be appraised, deducting benefits. 8. Report to show amount to be paid or received for damage or benefit. 9. Value of land donated to be set off against benefits. 10. Valuation of buildings; owner to be notified thereof; refusing to take, buildings to be sold. 11. Each party in interest entitled to an award. 12. Damages and expenses to be assessed on real estate benefited. 13. Assessment roll to be filed: notice of application for confirmation; objec tions; proceedings thereupon. 14. Property owners may appeal; pro ceedings therein. B.cOTION 15. Condemnation effectual when assess ment is confirmed; payment of damages 16. *Notice to be published of readiness to pay; city may then take pos session. 17. When whole of lot taken, contracts to cease. 18. When part taken, to cease as to that part; tO continue as to the residue. 19. Proceedings to be recorded. 20. Assessments for deepening the river, 21. Assessments for improving streets. 22. Assessments on railway companies. 23. Oath of commissioners; notice of meeting. 24. Return of assessment roll; notice; proceedings thereupon. 25. Owner to construct sidewalks and drains when ordered; assessment therefor. 26. Penalty for refusal. 27. If owner refuses to construct, board of public works may do the work and assess expense. 28. Repair of sidewalks and drains; ex pense, how collected. 29. Owners and occupants responsible for safe condition of sidewalk. 80. Erection of lamp posts; assessments therefor. 81. Removal of nuisances; expense, how collected. 82. Landlord to pay assessment when no agreement to the contrary; remedy when paid by tenant. 83. Guardians of infants, by whom to be appointed. 7.] 59 8 - - L. 60 ('ITY CHARTER. [OH. SECTION 84. Writ of certiorari, when to be issued. 85. New assessment when first insuffi cient; excess to be refunded. 86. On failure to collect, re-assessment may be made; assessments a lien for five years. 8T. Commissioner interested disquali fied from serving; vacancy, how filled. 88. Expense of river improvements may be defrayed by general tax. SECTION 89. Improvements to be paid for out of general fund. 40. Construction of bridges by private enterprise. 41. Penalty for willful injury to city property. 42. Improvement of Michigan avenue. 43. Encroachment prohibited on public ground east of Michigan avenue. 44. Repealing clause. Council em- SECTION 1. The common council shall have power, towered to ay out from time to time, streets, etc. First. To lay out public streets, alleys, lanes and high ways, and to make wharves and slips at the ends of streets, and extend, alter, widen, contract, straighten and discon tinue the same; and to purchase and lay out public parks, squares or grounds. (.Furthes provision as to vacating streets, alleys, etc., Sec. 10, post, 193, and Sec. 1, post, 206.) To improve Secon?d. To cause any street, alley, lane or highway, to streets. be filled, graded, leveled, paved, curbed, walled, graveled, macadamized or planked; and keep the same in repair. To widen Third. To widen, deepen, or dredge out the Chicago and deepen river. river, or either of its branches, or any part or parts of the same. Sidewalks Fourth. To cause ross and sidewalks, area walls, lamp and drains. posts, and private drains, to be constructed and laid, relaid, erected, cleansed and repaired. 8Public Fifth. To fill, grade, improve, protect and ornament squares. any public square, now or hereafter laid out. hExPense,, SEC. 2. The expenses of any improvement mentioned defrayed- in the foregoing section, shall be defrayed, save as is herein otherwise provided, by a special assessment upon the real estate benefited thereby, to be levied in the manner herein after prescribed. Appltlca- SEC. 3. All applications or propositions for establishing tinsfor improvements the grade of streets or for a change of grade, the erection to be made or referred of bridges and lamp posts, the grading, re-grading, paving, to board of a public re-paving, graveling andre-graveling, macadamizing, plank w ingo and re-planking of streets, alleys, highways, or lanes, the construction and repair of sidewalks and private drains, the improvement of public grounds or buildings belonging to the city, except school-houses, the widening, deepening [CI. 60 CITY CHARTER. '7.] PUBLIO IMPROYEMENTS, ETO. 61 or dredging of the Chicago river, or either of its branches, the opening, straightening, widening or closing of any street, alley, lane or highway, or for any other improvement, the doing of which is within the discretion and control of the municipal government of said city, shall hereafter be first made to the board of public works; or, if first made to the common council, shall be by them referred to said board Upon receiving any such application, the said board shall proceed to investigate the same; and if they shall determine that such improvement is necessary and proper, they shall report the same to the common council, Board to report to accompanied with an estimate of the expense thereof, and counciL a proper ordinance or order directing the work. If they do not approve of such application, they shall report the reasons for their disapproval, and the common council may then, in either case, order the doing of such work, or the making of such public improvement, after having first obtained from said board an estimate of the expense thereof The board of public works may also in like manner recommend, whenever they think proper, any improvement of the nature specified in this section, though no application may have been made therefor; and in all cases the common CoudnfilmaY council, after having obtained from said board an estimate plans. of the expense, may make such changes in the proposed plan as may be petitioned for by any of the owners of the property to be assessed. SEC. 4. Whenever the board of public works shall Pln ofpio recommend the opening, straightening, widening, or ex- Porb(frnr-t tending, of any street, lane, alley or highway, in said city, nished. or the widening of the Chicago river, or either of its branches, or any part or parts of the same, they shall furnish to the common council a plan or profile of the contemplated improvement, and shall also specially report Faets to be specially whether, in their opinion, real estate to be assessed for said reported. improvement can be found benefited to the extent of the damages, costs and expenses necessary to be incurred thereby; and whenever in any case they shall recommend to the common council the doing of any work, or the making of any public improvement, to be paid for by a special assessment, they shall, with such recommendation, certify to the 7.] 1 PUBLIC I3fPROVEMENTSI ETC. ----- CIT OHARTI.~;.-~; ~-R,. [OH. I-~I- -- I.. common council whether the contemplated improvement is asked for by the petition of the owners of a majority of the property to be assessed for such improvement, and if the owners of a majority of the property so to be assessed shall have failed to petition therefor, the same shall be Thteoe- ordered only by the votes of at least three-fourths of all ourths vote. the aldermen present, such vote to be entered by ayes and noes on the record of the common council The certificate of said board of public works shall be prima facie evidence as to the number of said petitioners and of their interest in the property assessed. CONDEMNATION PROCEEDINGS. Assessment SEC. 5. Whenever any order is passed by the common for condemnation of council, by virtue hereof, for the making of any public imreal estate.by iee, maigpbi provement mentioned in the first section of this chapter, which shall require the appropriation or condemnation of any land or real estate, the commissioners of the board of public works shall forthwith proceed to ascertain and assess the damages and recompense due the owners of such land respectively, and at the same time to determine what real estate will be benefited by such improvement, and assess the damages, together with the costs of the proceedings, on the real estate by them deemed benefited, in proportion, as nearly as may be, to the benefit resulting to each separate Widening lot or parcel. If the proceeding be one for widenin the the river.prceigwdnn Chicago river, or either of its branches, or any part or parts of the same, the assessment may, if so ordered by the com mon council, be made to include the estimated expense of excavation and completing the work, in addition to the value of the land condemned; but in all other cases shall cover only the damages awarded for the real estate appro priated and the costs of the proceedings. Oathof SEC. 6. Before proceeding to make said assessment, the commisdoneri. commissioners shall be sworn, faithfully to execute their duties, according to the best of their ability. They shall Notice. then give six days' notice by publication in the corporation newspaper, of the time and place of their meeting for the purpose of making said assessment, in which notice they shall specify what such assessment is to be for, and shall [cir. 62 CITY CHARTER. PUBLIC IMPROVEMENTS, ETC. describe the land to be condemned, as near as may be done by general description. The meeting of said commissioners when engaged in making such assessment, shall be held in a public place in said city, to be specified in said notice, and all persons interested in any such assessment, shall have the right to be present and be heard, either in person or by counsel. The commissioners shall view the premises viddencs to be condemned, and receive any legal evidence that may be offered, for the purpose of proving the true value thereof, or the damages that will be sustained, or benefit conferred by reason of the contemplated improvement; and the said commissioners, for this purpose, are hereby authorized to administer oaths to all witnesses produced before them. They shall permit the counsel to the corporation, or city attorney, to appear before them at such hearing, to represent the interests of the city, and may adjourn from time to time until said assessment is completed. (Several notices may be in one advertiement, Sec. 8, post, 179.) SEC. 7. The commissioners, in making said assessment, Appraisal of damage,e and shall determine and appraise, to the owner or owners, the benefit. value of the real estate appropriated for the improvement, and the injury arising to them, respectively, from the condemnation thereof, which shall be awarded to such owners respectively, as damages, after making due allowance therefrom for any benefit which such owners may respectively derive from such improvement. SEC. 8. If the damage to any person be greater than the Report atmo 'sho dambenefit received, or if the benefit be greater than the dam- age and benefit. age, in either case the commissioners shall strike a balance, and carry the difference forward to another column, so that the assessment may show what amount is to be received or paid by such owners, respectively, and the difference only hall, in any case, be collectable of them, or paid to them. SEC. 9. In the assessment of damages and benefits for value of .land the opening of any street or alley, it shall be lawful for the donated may be set commissioners, in their discretion, in making such assess- off against benefits. ment, where part of the land to be laid out into such street or alley, has been theretofore donated by any person or persons for such street or alley, to appraise the value of the -63 7.] 64 CITY CHARTER. [OH. land so donated, and to apply the value thereof, as far as the amount so appraised shall go, as an offset to the benefits assessed against the person or persons making such donation, or those claiming under them; but nothing herein contained shall authorize any person or persons by whom such dona tion is made, to claim from the city the amount of such appraisal, except as an offset, as herein provided. And where the assessment is one for the widening of any street, which may have been theretofore, either in whole or in part, donated to the public by the proprietors of the adjoining land, it shall also be lawful for said commissioners, in their discretion, to make such allowance therefor, in their assess ment of benefits, as shall to them seem equitable and just. Vluation of SEC. 10. If there should be any building standing in buildings. whole or in part upon the land to be taken, the commission ers shall add to their estimate of damages for the land, the damages also for the building or part of building necessary to be taken, if it be the property of the owner of the land. When owned by any other person, the damages for the building shall be assessed separately. The value of such building to the owner to remove, or of the part thereof necessary to be taken, shall also be determined by the comNotice to missioners, and notice of such determination shall be given ,owner. by them to the owner when known, if a resident of the city, or left at his usual place of business or abode. If the owner is not known, or is a non-resident, notice to all per sons interested shall be given by publication for ten days in the corporation newspaper. Such owner may, at any time within ten days after service, or the first publication of such notice, notify to said commissioners in writing his election to take such building or part of building at their appraisal; and in such case the amount of such appraisal shall be deducted by the commissioners from the estimated damages for the land and building, where they belong to the same owner, and from the estimated damages for the building where they belong to different owners; and the owner shall have such time for the removal of the building after the confirmation of the assessment, as the board of public works may allow. If the owner shall refuse to take the building at the appraisal, or fail to give notice of his 64 [au. CITY CHARTER. '7.] PU13Lf~~~~~~~~~~~~~~~~~ TM~~~~~~qVFM~~~~~~~~~TS, ETG1. C)5~~~~~~~~~~~~~~~~ election as aforesaid, within the time prescribed, then no (leduction shall be made from the estimated damages aforesaid, and the board of public works shall, after the confirmation of the assessment, and after the money is collected or otherwise provided and ready in the hands of the treasurer to be paid over to th]e owner for his damages, proceed to sell such building or part of building, at public auction, Sale of building& for cash, giving at least five days' public notice of the sale by publication in the corporation newspaper, and cause such building to be theni fortlihwithl removed. The proceeds of such sale shall be paid into the city treasury to the credit of the special assessment fund raised for the said improveienct. (Several notices may be in one adverttsement, Sec. 8, post, 179.) SEc. 11. If the lands and buildings belong to different Each partyr in interest persons, or if the land be subject to lease, the injury done entitled to i ~~~~~~~~~award. to such persons, respectively, may be awarded to them by the commissioners, less the benefits resulting to them, respectively, from the improvement. SEc. 12. Having ascertained the damages and expenses Damages to 0 ~~~~~~ be assessed of such improvement, as aforesaid, the commissioners shall on real estate thereupon apportion and assess the same, together with benefited. costs of the proceedings, upon the real estate by them (deemed benefited, in proportion to the benefits resulting thereto from the improvement, as nearly as may be, and shall briefly describe the real estate upon which their assessments may be made; and it shall constitute no legal objection to said assessment that the amount thereof either exceeds or falls short of the original estimate of the cost of the inmprovement submitted to the common council by the board of public works. SEC. 13. WT~hen completed, the commissioners shall sign Return of assessment and file the assessment roll in the office of the city clerk, rolland a duplicate thereof in the office of the board of public works. Notice shall be given by said commissioners, by Notioe six days' publication in tthe corporation newspaper, of the filing of such assessment roll in the clerk's office; and that at the next regular meeting of the common council, to be held after the expiration of such publication, they will 5 7.] C) 5 PLUBLIC T.,MPI',OVE31RNTS ETC. I 66 CITY CUATE. [CH. apply to the common council for a confirmation of said Objections. assessment. Objections to said assessment may be heard before the common council, but all parties objecting shall file their objections in writing, in the office of the city clerk, at least one day prior to such meeting of the council. Should no quorum be present at such meeting, the matter shall stand postponed to the next regular meeting of the Action of council when there shall be a quorum. The council shall council thereon. have power to adjourn such hearing from time to time, and shall have power, in their discretion, to revise and correct the assessment, and confirm or annul the same, and direct a new assessment to be made. Said assessment, when con firmed by the common council, shall be final and conclusive upon all parties interested therein, except as is hereinafter provided; and when said assessment is confirmed and no appeal is taken, as herein provided, a warrant shall issue for the collection of the same, signed by the mayor and city clerk. If said assessment shall be annulled by the comnmon council or set aside by the court, the commissioners of the board of public works shall proceed to make a new assess ment, and return the same in like manner, and give like notice as herein required in relation to the first; and all parties in interest shall have the like rights, and the common council shall perform like duties and have like powers in relation to any subsequent determination, as are hereby given in relation to the first. (Several notices may be given in one advertisement, Sec. 8, post, 179.) Appeal SEC. 14. Any person whose property has been approfrom confirmation. priated, and who has filed objections to said assessment, as herein before provided, shall have the right, at any time within ten days after the confirmation of the same by the common council, and not after that time, having first given notice of his or her intention so to do, to the counsel to the corporation, or city attorney, specifying in such notice the court to which the appeal is to be taken, to pray an appeal to any court of general jurisdiction in Cook county, from the order of the common council confirming such assess ment, upon filing a bond to said city, approved by the judge or judges of the court to which the appeal is taken, condi [CIT. 66 CITY CHARTER. PUBLIC IMPROVEMENTS, ETC. tioned to save the city harmless from all damages caused by the taking of such appeal. In case of appeal, a copy of the assessment roll,: confirmed by the common council, and of the objections to the final order confirming the same, shall be filed in the office of the clerk of the court to which such appeal shall be taken, and the cause shall be docketed by such clerk in the name of the person taking such appeal against the city of Chicago, as an "appeal from assessment." The said cause shall be then at issue, and shall have the preference in order of trial over all civil causes pending in said court. Such appeal shall be tried by the court, and on such trial the only questions to be passed upon, shall be, whether the common council had jurisdiction in the case, and whether the valuation of the property specified in the objection is a fair valuation, and the assessment, so far as it affects said property, is a fair and impartial assessment. The judgment of the court shall be either to confirm or annul the assessment, from which judgment no appeal or writ of error shall lie. SEC. 15. When any such assessment shall have been Condemna tion effectuconfirmed by the common council, and no appeal have been a on oon flrmation. taken therefrom, or, if an appeal shall have been taken, when judgment to confirm the assessment shall have been rendered thereon, the same shall be a lawful and sufficient condemnation of the land or property ordered to be appropriated. The board of public works shall thereupon cause to be paid to the owner of such property, or to his agent, the amount of damages, over and above all benefits, which Pragernt of may have been awarded therefor, as soon as a sufficientd amount of the assessment shall have been collected for that purpose; but the claimant shall in all cases furnish an abstract of title, showing himself entitled to such damages, before the same shall be paid If, in any case, there shall be any doubt as to who is entitled to the damages for land taken, the city may require of the claimant a bond with good and sufficient sureties to hold said city harmless from all loss, costs and expenses, in case any other person should claim said damages. In all cases, the title to land taken and condemned in manner aforesaid, shall be vested absolutely in the city, in fee simple. 67 1.] 68 CITY CHASTER. [ci{. rotic of SC readiness to SEC. 16. As soon as the money is collected, and ready, pay- in the hands of the treasurer, to be paid over to parties en titled to damages for property condemned, ten days' notice thereof shall be given by the board of public works in the Pohssessoiobn, corporation newspaper; and the city may then, and not when to be taken. before, enter upon, take possession of and appropriate the property condemned. (Several notices may be in one advertisement, Sec. 8, post, 179. Further provisions as to whenr city may enter upon property condemned, Sec. 7, post, 179.) Whenwhole SEC. 17. When the whole of any lot or parcel of land lot taken, conatractsto or other premises under lease or other contract, shall be taken for any of the purposes aforesaid, by virtue of this act, all the covenants, contracts and engagements between landlords and tenants, or any other contracting parties touching the same or any part thereof, shall, upon publi cation of the notice required in the preceding section, respectively cease and be absolutely discharged. Whon part SEC. 18. Where part only of any lot or parcel of land taken, contracts to or other premises so under lease or other contract, shall be cease for such part. taken for any of the purposes aforesaid, by virtue of this act, all the covenants, contracts and agreements and engage ments respecting the same, upon publication of the aforesaid notice, shall be absolutely discharged as to the part thereof so taken, but shall remain valid as to the residue thereof, and the rents, considerations and payments reserved, paya ble and to be paid for, or in respect to the same, shall be so proportioned as that the part thereof, justly and equitably payable for such residue thereof, and no more, shall be paid or recoverable for the same. Proceed- SEc. 19. All proceedings taken by said board of pub]ic ings to be recorded. works, in relation to the laying out of any street, alley, lane or highway, wharf, slip, public square or ground, or the widening, contracting, straightening or discontinuing the same, and all proceedings for the widening of the Chicago river, or either of its branches, shall be recorded by the said board, in a book or books kept for that purpose, describing particularly the said improvements, and the real estate to be taken therefor. 68 EcI. CITY CHARTER. PUBLIC IM3PROVEMENTS, ETC.. DEEPENING AND DREDGING THE RIVER. SEc. 20. Whenever any order is passed by the common Assessment .for deepencouncil, by virtue hereof, to deepen or dredge out the ingriver.n Chicago river, or either of its branches, or any part or parts of the same, the commissioners of the board of public works shall forthwith proceed to assess the amount directed to be assessed, on the real estate by them deemed benefited by any such improvement, in proportion, as nearly as may be, to the benefit resulting to each separate lot or parcel; and shall briefly describe in the assessment roll, to be made by them, the real estate assessed, and the amount of the assessment in each case. IMPROVEMENT OF STREETS. SEC. 21. Whenever any order is passed by the common Assessment council, by virtue hereof, for the filling, grading, leveling, ing strPreets,v etc. paving, curbing, walling, graveling, macadamizing, planking or repairing of any street, lane, alley or higlhway, the commissioners of tlhe board of public works shall forthwith proceed to assess the amount directed by the common council to be assessed, on the real estate fronting or abutting on the contemplated improvement. Said assessment shall be made in such manner, as nearly as may be, that each separate block, lot, sub-lot, piece or parcel of landx, on either side of the street or part of street to be improved, shall sustain the cost and expense of making or completing the improvement upon that half of the street directly adjacent to or in front of the same. (Ihepealed, and new sectiot enacted, Sec. 4, post, 179, and Sec. 1, post, 177.) SEC. 22. Where, in any case, any portion of the cost Assesment on railway and expense of making any improvement mentioned in the companies. foregoing section, shall, by virtue of any valid law or ordinance of the corporation, or by virtue of any valid contract, be chargeable upon any railway company, the amount so chargeable may be assessed upon said railway company, and the balance only, upon the real estate fronting or abutting oft such improvement; and the city may collect the amount so assessed upon the said railway company, by distress and sale of personal property, as in other 7a] 69 OITY CHARTEg. [OH. cases, or by suit brought for that purpose: Provided, That any real estate belonging to such railway company and fronting or abutting upon the said improvement shall be assessed as in other cases. (Repealed, and nesv section enacted, Sec. 4, post; 179, and Sec. 2, post, 178.) Oath of SEC. 23. Before proceeding to make an assessment, for commissioners. any improvement mentioned in the three preceding sec tions, said commissioners shall be sworn as in other cases, Notice of and shall give six days' notice, by publication in the cor meetig. poration newspaper, of the time and place of their meeting for the purpose of making said assessment, in which notice they shall specify what such assessment is to be for, and the amount to be assessed. All persons interested in any such assessment shall have the right to be present and be beard, either in person or by counsel, and the commission ers may, in their discretion, receive any legal evidence, and may adjourn, if necessary, from time to time. (Several notices may be in one advertisement, Sec. 8, post, 179.) Return of SEC. 24. When the commissioners shall have completed assessment rol. their assessment, they shall sign and return the same in like manner, and give like notice of the application to the common council for confirmation, as herein required in rela tion to assessments for the condemnation of real estate; and Proceeding, all parties in interest shall have the like rights, and the thereon. common council shall perform like duties and have like powers in relation to such assessment, as are herein given in relation to assessments for the condemnation of real estate. When confirmed by the common council, said assessment shall be final and conclusive upon all parties interested therein, and shall be collected as in other cases; and no appeal shall lie in any case from the order of confirmation. If any assessment be annulled or set aside, the said commis sioners shall proceed to make a new assessment, and shall return the same in like manner, and give like notices, as herein required in relation to the first. (Several notices may be in one advertisement, Sec. 8, post, 179.) 7o [OH. CITY CHARTER. PUBLIC IMPROVEMENTS7 ETC. SIDEWALKS AND DRAINS. SEC. 25. All owners or occupants of real estate, in front Owners to construct of, adjacent to, or upon whose premises the common coun- sidewalks. cil shall order or direct any sidewalk or private drain to be constructed, shall construct such sidewalk or private drain at their own costs and charges, in the manner prescribed by said common council, and within such reasonaable time, not exceeding twenty days, as the board of public works shall direct, of which time notice shall be given to such owner or occupant, by personal service, or leaving the same at his usual place of business or abode, or by three days' publication in the corporation newspaper. If the work be not done in the manner and within the time pre- If delin quent, exscribed, the commissioners of the board of public works Pasense tobe as~sessied. shall forthwith proceed to assess the amount necessary to be assessed therefor, together with all costs, upon the real estate aforesaid, which assessment shall be made and returned, and may be confirmed and collected in the same manner as in the case of filling, grading or paving streets, and when confirmed shlall have the same force and effect; like powers, rights and duties being hereby conferred and imposed upon the said commissioners and common council and on all parties interested, in both cases. (Repealed, and new section enacted, Sec. 4, post, 179, and Sec. 1, post, 177.) SEc. 26. For any neglect or refusal to comply with any Penalty for order of the common council in the preceding section refer-neglect. red to, the said common council may impose by ordinance such penalties upon the owners or occupants aforesaid, not exceeding twenty dollars for each day's neglect, as to the said common council shall seem proper. (Repealed, Sec. 4, post, 179.) SEC. 27. Upon the passage of any order in the two pre- Owfaeirltore of owner to ceding sections referred to, the board of public works may, consatruoct, board of in their discretion, in case the said owners or occupants publics may works may,. should fail to comply therewith, cause said improvement to be made and paid for out of any moneys in the treasury at thdir disposal, and afterwards cause the expense thereof Expense to be assessed. together with all costs, to be reimbursed by a special assessment to be levied and collected as in other cases, or the 1.] 71 72 CITY CHARTER. [CH. same may be recovered by suit from such owner or occu pant, as for money paid and laid out for his use and at his request. (Repealed, Sec. 4, post, 179.) Repair of SEC. 28. When in any case, it shall be deemed necessidewalks and drains. sary by the board of public works to cause any sidewalk to be raised, lowered, repaired or relaid, or any private drain to be raised, lowered, repaired or cleansed, it shall be law ful for said board to require the owner or occupant of the premises, in front of, adjacent to or upon which said im provement is to be made, to make the same forthwith, or within such reasonable time as the board of public works may prescribe, either upon written or verbal notice to that effect; and in case of neglect or refusal to comply with said requirement, as well as in all cases where the owner or occu pant cannot be found, the board of public works may cause the work to be done and paid for out of any moneys in the Assessment treasury at their disposal. Said board shall then report to therefor. the common council the amount of said expenditure, giving a description of the lots or other premises liable therefor, and the amount for which each is chargeable. The com mon council shall thereupon assess the said expenses, by an order, ordinance or resolution, upon such lots respectively, and the same may be collected by warrant and sale of the Suit to premises, as in other cases. A suit may also be maintained recover expense. against the owner or occupant of such premises for recovery of such expenses, as for money paid and laid out for his use and at his request. The common council may also by ordinance impose such penalties upon the owners or occu pants aforesaid for any neglect or refusal to comply with the aforesaid requirement, not exceeding twenty dollars for each day's neglect, as to the said common council shall seem proper. Owners and SEC. 29. Nothing in the preceding sections contained, occupants responsible shall be so construed as to relieve the owners or occupants for safe condition of of real estate from the duty of keeping the sidewalk in sidewalk. front of or adjacent to their respective premises, at all times in a safe condition and in a good and thorough state of repair; but such duty is hereby expressly enjoined and imposed upon all such owners and occupants; and if at any 72 [Ca. CITY CIARTEIR. PUBLIO IMPROVEMENTS, ETC. time any injury shall be sustained by any individual, or tlie city shall be subjected to any damages in consequence of any defect in any sidewalk, or its being out of repair, the owner and occupant of the adjacent premises, whose duty it is to make repairs, shall be jointly and severally liable therefor, and the same may be recovered by suit in any court of general jurisdiction. If the owner be a nonresident, proceedings may be commenced against the property by attachment, as in other cases of attachment under the laws of this State. ERECTIO~~~ OF LAMP POSTS. Assessmont SEC. 30. Whenever any order is passed by the common for lamp council, by virtue hereof, for the erection of lamp posts po-ts. upon any of the streets in said city, the commissioners of the board of public works shall forthwith proceed to assess the amount directed by the common council to be assessed therefor, upon the several lots, pieces or parcel's of land fronting or abutting on the street or part of street along which said posts are to be erected. Said assessment shall be made in such manner, as nearly as may be, that each separate lot, piece or parcel of land on either side of such street, for the whole distance proposed to be lighted, shall sustain its fair proportionate share of the expense, according to the number of lineal feet of each separate lot or pareel on such street; which assessment shall be made and returned, and may be confirmed and collected, in the same manner as in the case of filling, grading or paving streets, and when confirmed shall have the same force and effect; like powers, rights and duties being hereby conferred and imposed upon the said commissioners and common council, and on all parties interested, in both cases. (Repealed, and new section enacted, Sec. 4, post, 179, and Sec. 3, post, 178.) REMOVAL OF NUISANCES. SEC. 31. In all cases where expenses may be incurred lemoYalof nuisances; in the removal of any nuisance, the common council may expense, how cause the same to be assessed against the real estate charge- collected. able therewith, in the manner prescribed in the twentyeighth section of this chapter. Such expense shall be like 73 7.] ERECTION OF LAMP POSTS. 74 CITY CHARTER. LCII. wise collectable of the owner or occupant of such premises in a suit for money expended to his or their use. Suit may, i,n like manner, be brought for such expenses against the author of such nuisance, when known, or any person whose duty it may be to remove or abate the same. (Assessftent may be before expenses are incurred, Sec. 6, post, 179.) GENERAL PROVISIONS. Landlord to SEC. 32. In all cases where there is no agreement to the pay assessments when contrary, the owner or landlord, and not the occupant or no agreement to the tenant, shall be deemed the person who ought to bear and contrary. pay every charge or assessment made for the expense of any public improvement. Where any such charge or assess ment shall be made upon or paid by any person, when, by agreement or by law, the same ought to be borne or paid by any other person, it shall be lawful for one so paying to sue for and recover of the person bound to pay the same, the amount so paid, with interest; or he may retain and deduct the same from any rent due or to become due to such person. Nothing herein contained shall impair or in any way affect any agreement between any landlord and tenant, or other persons, respecting the payment of such assessments. Infant SEC. 33. When any known owner residing in said city, owners of real estate or elsewhere, shall be an infant, and any proceedings had may have guardians. under this act shall render it necessary, the circuit court of the county of Cook, the judge thereof, or any judge of any court of general jurisdiction in said city, or the judge of the county court, may, upon the application of the board of public works, or such infant, or his next friend, appoint a guardian for such infant, taking security from such guard ian for the faithful execution of such trust, and all personal notices and summons, required by this act, may be served on such guardian. Certiorari SEC. 34. No writ of certiorari shall be allowed in the when to be issued. case of any special assessment proceedings commenced under the provisions of this act, unless applied for within thirty days after the confirmation of the assessment, and not then at the suit of any party who has neglected to file his objections to such confirmation as hereinbefore provided, 14 [CH. CITY CHARTER. PUBLIC IMPROVEMENTS, ETC. unless the party applying for the writ shall satisfy the court by legal and satisfactory evidence, other than his own oath, that he has a sufficient legal excuse for such omission or neglect. SEC. 35. If, in any case, the first assessment prove in- Nsessment assessment. sufficient, the board of public works shall make a second in the same manner, and so on, until sufficient moneys shall have been realized to pay for such public improvement. If too large a sum shall at any time be raised, the excess shall Exunessed refunded. be refunded rateably to those by whom it was paid. SEc. 36. If, from any cause, the city shall fail to collect On failureeto collect, new the whole or any portion of any special assessment which assesmbeent may be may be hereafter levied, and which shall not be canceled made. and set aside by the order of any court upon certor-ari or appeal, for any public improvement required to be paid for by special assessment, the common council may, at any time within five years after the confirmation of the original assessment, direct a new assessment to be made upon the delinquent property, for the amount of such deficiency, and interest thereon from the date of such original assessment, which assessment shall be made, as near as may be, in the same manner as is herein prescribed for the first assessment. In all cases where partial payments shall have been made on such former assessment, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment prove ineffectual, either in whole or in part, the common council may, at any time within said period of five years, order a third, and so on, to be levied in the same manner and for the same purpose; and it shall constitute no legal objection to such reassessments that the property may have changed hands or been encumbered subsequent to the date of the original assessment, it being the true intent and meaning of this section, to mal-e the cost and expense of all public improveme-ts to -)e paid for by a special assessment, a charge upon Assessment, fiea lien for the propertly assessed therefor, for the full period of five years. years from the conrfirmation of the original assessment, and for such longer period as may be required to collect, in due 7.] 15 76 CITY CHARTER. [CH. course of law, any new assessment ordered by the common council within that period. Interested SEC. 37. If, in any case, the commissioners of the board commisqsioners dis- of public works, or either of them, are specially interested qualified. in any special assessment about to be levied, the commis sioners or commissioner so interested shall be disqualified Special neom- from serving in that particula r case. Any va can cy occamissioner.. sioned in this manner, or by the absence, inability or refusal to serve of any commissioner, may be filled by appointment by the mayor. The special commissioner so appointed shall be allowed two dollars per day for his actual services, and shall be sworn in the same manner as the other commis sioners. pRovement- SEC. 38. Should the board of public works report to mayb paid tecmo oni,a n fm be paid the common council, at any time, in favor of any proposed general tsx.~ general tx improvement of the Chicago river, or either of its branches, or any part or parts of the same, and at the same time recommend that the expense thereof be defrayed by a gen eral tax upon all thie taxable property in the city, it shall be lawful for the said common council to levy such a tax; and in such case, the amount required to be raised shall be assessed upon the whole taxable real and personal prop erty in the city, and be included in the general tax levy of the succeeding year, under the head of "permanent improve ment tax." Improve- SEC. 39. The cost and expense of constructing or rements thargeable pairing wharves and slips at the ends of streets, of the cleanto general fund. gin- of streets, alleys, lanes and highways, and of ordinary repairs upon the same, of purchasing public squares or parks, and improving the same, of all improvements at the intersections of streets or alleys, or of streets and alleys, (excepting sidewalks and area or street walls,) of the repair of public buildings belonging to the city, of the construc tion of cross walks, and of all bridges and other improve ments not enumerated in the first section of this chapter, shall be chargeable upon, and paid out of, the general fund, or other appropriate fund of said city not raised by special assessment. (Lamp posts also excepted, Sec. 1, post, 177.) SEc. 40. Whenever any number of persons shall agree 76 [CH. CITY CHARTER. PUBLIO IMPROVEMENTS, ETO. to secure to the board of public works the full expense of Construc tion of constructing any bridge, the common council may, in their bridges by ' ~~~~~~~~~~~~~private discretion, authorize the persons agreeing to bear the ex- enterprise. pense thereof, to contract for the building of such bridge. In such case, however, the board of public works shall have the entire charge and superintendence of such work, and the plans for the same shall be subject to their approval. SEC. 41. Any person or persons, who shall injure or Penalty for willful destroy any bridge, the construction of which may have ijurrto -public been heretofore or may be hereafter authorized or permitted property. to be built by the common council, or any public buildings or other property belonging to said city, or shall cause or procure the same to be injured or destroyed, or who shall wantonly spoil or damage any street, alley, sidewalk, public square or ground, shall be subject to a penalty not exceeding five hundred dollars for each offense, to be recovered by the city in an action of debt, and may be imprisoned for a term not exceeding six months, in the discretion of the court before whom such conviction may be had, and such person or persons shall also be liable in a civil action at the suit of the city for the damages occasioned by such injury or destruction. SEc. 42. Upon the petition ofa majority of the owners ImProve ment of of lots upon Michigan avenue, lying between Washington Michigan street and the north line of a short street running from Michigan avenue to lake Michigan, on the north line of block twenty-three, in fractional section fifteen addition to Chicago, it shall be lawful for the common council to increase the width of said avenue thirty-six feet upon the east line thereof, from the north line of Randolph street to the north line of the short street running from Michigan avenue to lake Michigan, on the north line of block twenty-three, in fractional section fifteen addition to Chicago, and secure the east line of the proposed increase of width by a substantial stone wall, so far as the same is necessary for this purpose. Said council shall grade the increased width aforesaid, to a line of the present level of said street or avenue, and devote twenty feet of said width to the present road bed, graveling the same as the present road bed is graveled, and upon the remaining sixteen feet of said increased width, 77 A.] CITY CHARTER. [en. construct and lay down a good and substantial stone side walk, and upon the wall aforesaid, so far as the same is con structed, and upon a proper stone foundation to be built, erect upon the same, a good and substantial iron fence, along the whole line aforesaid. The said common council, to defray the expense of said improvements, are hereby authorized to have the same assessed by the board of pub lic works, two-thirdls of which shall be assessed upon the blocks of land fronting Upon Michigan avenue, and lying between Washington street and Twelfth street. and the re mailling one-third shall be paid out of the treasury of the city. Encroach- SEC. 43. No encroachment shall be made upon the land hibited pn hrondseast or water, west of a line mentioned in the second section of gronnd, o waer,wst o f a l of Michigan afvenue. an ordinance concerning the Illinois Central Railroad, (which line is "not less than four hundred feet east from the west line of Michigan avenue, and paraliel thereto,") by any railroad company, nor shall any cars, locomotives, engines, machines or other things belonging to any railroad or trans portation company be permitted to occupy the same, nor shall any cars or machinery be left standing upon said tract front ing any part of Michigan avenue southi of Madison street, nor shall the city council Ever allow any encroachments west of the line above described. And any person being the owner of, or interested in any lot or part of a lot fronting on Mich igan avenue, shall have the right to enjoin said company and all other persons and corporations from any violations of the provisions of this section, or of said ordinance, and by bill or petition in chancery in his or their own name, or otherwise, enforce the provisions of said ordinance, and of this section, and recover such damages for any such en croachment or violation, as the court shall deem just; the State of Illinois, by its canal commissioners, having declared that the public ground east of said lots should forever remain open and vacant, neither the common coun cil of the city of Chicago, nor any other authority, shall ever have the power to permit encroachments thereon, with out the assent of all the persons owning lots or land on said street or avenue. SEc. 44. All provisions of former acts relating to the 18 [CIT. CITY CIE[ ARTER. OF TAXATION. levying of special assessments in the city of Chicago are Repealing hereby repealed: Provided, however, That the city shall have the right to continue and complete all proceedings commenced under any former law or ordinance, and shall have and enjoy all the rights accrued or to accrue thereunder, the same as if said provisions remained in full force and effect. CHAPTER VIII. OF TAXATION. SRCTION 1. Power to levy tax for general purpo ses; for schools; for police expenses; for reform school: for lighting streets; for sewerage purposes; for interest o, funded debt; for permanent Improvements; to pay temporary loans. 2. Sinking fund tax. 8. Street tax abolished. SE,CTION 4. Improvements on school and canal lands and wharfing privileges, sub ject to taxation. 5. Insurance rates; how collected. 6. Insurance rates; how appropriated. 7. Repeal of sections 6, 7, 8 and 9, of act to incorporate Firemen's Benevo lent Association. SEcTION 1. The common council shall have power, Council to within the city, by ordinance: levy taxes. First. To annually levy and collect taxes, not exceed- Four and one-half ing four and a half mills on the' dollar, on the assessed mills for general value of all real and personal estate, in the city, made tax- expenses. able by the laws of this State, to defray the contingent and other expenses of the city, not herein otherwise specially provided for; which taxes shall constitute the general fund. Second. To annually levy and collect a school tax, not Two mills for schools. exceeding two mills on the dollar, on all taxable real and personal estate, to meet the expenses of purchasing grounds for school-houses, and building and repairing school-houses, and supporting and maintaining schools. (Clause repealed, and new enactment, Sec. 29, post, 188.) Third. To annually levy and collect a tax, not exceeding Two mills for police two mills on the dollar, on all taxable real and personal expenses. estate, for the police expenses of said city. (Clause repealed, and new enactmeints, Sec. 24, post, 186, and Sec. 22, post, 197.) Fourth. To annually levy and collect a tax, not exceed- One mill for 1.] 19 8() CITY CHARTER. [CII. reform ing one mill on the dollar, on all taxable real and personal estate, for the support of the reform school. Two mills Fifth. To annually levy and collect a tax, not exceedfor lighting. streets. ming two mills on the dollar, on all taxable real and personal estate, to defray the expense of lighting the streets in said city. Sewerage Si-xth. To annually levy and collect a tax of sufficient tax. amount, on all taxable real and personal estate, to pay the interest accruing on the sewerage debt, and provide a sink ing fund for the liquidation of said debt, and to maintain the sewerage works and keep the same in repair. Interest tax. Severnth. To annually levy and collect a tax of sufficient amount, on all taxable real and personal estate, to meet the interest accruing on the general bonded debt of said city, and also to provide for the interest accruing upon the water loan bonds, in case the revenue from the water works should be insufficient to pay the same. Two and Eighth. To annually levy and collect a tax, not exceedone-half mills for in' tWO and a half mills onL the dollar, on all taxable real permanent twn improve- and personal estate, when required, for the erection of a ments. city hall, markets, bridewell or house of correction, or other public buildings, the purchase of grounds therefor, or for public squares or parks, the building of bridges, improve ment of the river and harbor, or any other permanent im provement: Providecd, That no tax shall be levied under this clause, unless a majority of all the aldermen elected shall vote in favor of the same. =Taxtopay Nf'tih. To annually levy and collect a tax of sufficient temporary a mount, on all taxable real and personal estate, when required, to pay any debt that may have been contracted for money borrowed, during the preceding year, to provide for the expense incurred in making any public improve ment causedl by any casualty or accident happening after the making of the annual appropriation for such year, or to pay any judgment that may have been recovered against the city and paid during such previous year. (Further power of taxation for other purposes, Sees. 21, 22, post, 185.) Sinking SEC. 2. The common council shall also annually levy fund tax, and collect a tax of one mill on the dollar on all real and 8() ECH. CITY CHARTER. 8.] OF TAXATION. 81 personal estate in said city, made taxable by the laws of this State, to provide a sinking fund for the liquidation of the general bonded debt of said city, which amount shall be invested in the purchase of the bonds of said city, if they can be purchased upon satisfactory terms. All city bonds so purchased shall be immediately retired and canceled. SEC. 3. The provision heretofore in force, requiring Street tadx abolished. every male resident of the city, over the age of twenty-one years, and under the age of sixty years, to labor three days ill each year upon the streets and alleys, or to commute therefor at the rate of fifty cents for each day's labor, is hereby abolished. SEC. 4. All improvements on any school or canal lands Improve ments on or lots, and all improvements on the wharfing privileges in choo leland' said city, together with the interest of the lessees or occupants in the premises, whether by lease, covenant or deed, shall be subject to taxation as real estate. And the personal property of the owner of such improvements, shall Personal property, be liable for such taxes, and upon failure to pay the same, iable. the collector may levy upon and sell the goods and chattels of such occupant or lessee, for the payment thereof and costs. And in case such lessee or occupant shall have no personal estate, and neglect to pay the taxes, the interest of such lessee or occupant in such premises, together with the improvements, may be sold as real estate: Provided, The purchaser shall acquire no greater rights in the land than the tenant or occupant thereof had, but shall take the same subject to all the covenants and agreements in relation thereto. SEc. 5. All corporations, companies or associations, not Insuranee incorporated under the laws of this State, engaged in said tes. city in effecting fire, marine or life insurance, shall pay to the city treasurer the sum of two dollars upon the hundred dollars, 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 or have been agreed to be paid, for any insurance effected or agreed to be effected in said city, by or with such corporations, companies or associations respectively. Every person who shall 6 81 8.] OF TAXATION. 82 OITY CHARTER. [OH. act in said city as agent, or otherwise, for or on behalf of any such corporation, company or association, shall, on or before the fifteenth day of July and January in each year, render to the city comptroller 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 preced ing such report, shall have been received by him or any other person for him, or shall have been agreed to be paid, for or in behalf of any such corporation, company or asso ciation, and shall specify in said account, the amounts re ceived for fire, marine and life insurance respectively. Said agents shall also pay over to the city treasurer at the time of rendering the aforesaid account, the amount of rates for which the company or companies represented by them are om-pasnies severally chargeable by virtue hereof If such account be in depfau.l t ,ohibited not rendered on or before the day hereinbefore designated omdoing sinema for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawfiul for any corporation, company or association so in default, to transact any busi ness of insurance in said city, 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 Peonalty for may be taken in violation hereof. Any person or persons Triolation. violating any of the provisions of this section shall be sub ject to indictment, and upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding one thousand dollars, or imprisoned not exceed ing six months, or both, in the discretion of the court Said rates may also be recovered of such corporation, com pany or association, or its agent, by action in the name and for the use of said city as for'money had and received for its use. Dif,8positione SEC. 6. The comptroller shall keep three separate acof ins3uranee counts of the moneys received from said insurance agents, one of which shall embrace all rates collected on premiums for fire insurance; the second, all rates collected on premi ums for marine insurance, and the third, all rates collected on premiums for life insurance. The first insurance rates shall be used only for the purpose of promoting the efficiency of the fire department of said city, and providing a fund 92 [CH. CITY CHARTER. COLLECTION OF TAXES AND ASSESS8MENTS. for the relief of disabled firemen; the marine insurance rates shall be exclusively appropriated to the improvement of the river and harbor; and the life insurance rates, to such sanitary measures as may be deemed necessary for the promotion of the public health. SEc. 7. Sections six, seven, eight and nine, of an act R1Pealin approved June 21st, 1852, and entitled "An Act to incorporate the Firemen's Benevolent Association and for other purposes," and all other acts and parts of acts, so far as they require any individual, association or corporation engaged in the business of insurance, or ally agent thereof, to pay any money to said firemen's benevolent association, upon their business profits or premiums, are hereby repealed. CHAPTER IX. COLLECTION OF TAXES AND ASSESSMENTS. FECTION 1. Valuation of taxable property by as sessors; appraisal to be iled in clerk's office by first Monday in August; notice of meeting to hear objections. 2. Assessors to hear and consider objec tions; power to revise assessment. 8. Tax list of real estate to be made by clerk; form of the list; personal tax list. 4. Levy of annual taxes by common council. 5. Amount of taxes to be computed by city clerk and inserted in tax lists; collection warrants. 6. Delivery of warrants to collector. 7. Special assessment warrants, how and when to be issued. 8. Delivery thereof to collector. 9. Notices to be given by collector; duty of collector to levy; personal tax a lien on property. 10.Taxes made a lien on real estate from May first; on personal property from delivery of warrant to col lector. 11. Five per cent. damages to be col lected on taxes not paid on or be fore first of January; one per cent. a month on special assessments if not paid within sixty days after publication of notice. 12. Application for judgment against de linquent real estate; notice to be given. 18. Copy of advertisement to be filed in court. 14. Tax and assessment suits; mode of docketing. SECTION 15. Judicial proceedings in such cases. 16. Order of sale. 17. Clerk to issue process for sale; col lector empowered to sell; notice of sale. 18. Qontents of advertisement. 19. Abbreviations may be used to de scribe property. 20. Mode of conducting sale; certificates of purchase. 21. Purchasers to make immediate pay ment; in case of default, property to be again offered; in the absence of bidders, property to be struck off to the city. 22. Return of precept by collector; re cord of sales to be kept by comptrol ler; certified copies made evidence. 28. Redemption from sale, when and by whom made; when deed to be exe cuted to the purchaser; an abstract of deeds to be kept. 24. Certificates of purchase assignable. 25. Erroneous sales to be canceled. 26. Deeds prima facie evidence of cer tain facts; of what conclusive. 27. Successor of collector authorized to complete unfinished proceedings; comptroller to act in case of vacancy. 28. Assessment sales to be made at same time as tax sales, unless delayed by judicial' proceedings. 29. Assessors and collector liable forneg lect of duty. 80. Taxes and assessments valid, not withstanding formal defects. $1. Redemption from sale when property is sold a second time within two years. 9.1 83 84 CITY CHARTER. [OH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Valuation of SECTION 1. The assessors shall, immediately after their taxable property. appointment in each year, proceed to examine and deter mine the valuation of the taxable real and personal estate in their respective divisions. Schedules of all the taxable real estate in the several divisions shall be furnished by the city clerk, to aid them in the performance of their duties, upon which they shall enter their valuations. Said appraisal, together with their appraisal of all the personal estate taxWhen to be able in said city, shall be completed and filed in the office completed and filed. of the city clerk, on or before the first Monday of August in each year, unless further time shall be granted by the common council; and when so completed and filed, the said assessors shall fix upon a day for hearing objections Notice. thereto, and the city clerk shall give notice of the time and place of such hearing, by six days' publication thereof in the corporation newspaper. Any person feeling aggrieved by the assessment of his property, may appear at the time specified and make his objections. Power to SEC. 2. The said assessors shall meet at the time and revise. place designated, to revise and correct their assessments. They shall hear and consider all objections which may be made, and shall have power to supply omissions in their assessment, and for the purpose of equalizing the same, to alter, add to, take from, and otherwise correct and revise the same. The said assessors may, if necessary, adjourn from time to time, until their revision shall have been completed. Tax list of SEC. 3. When said revision shall have been completed, real estate. the city clerk shall enter, under the direction of said assess ors, in one or more books to be prepared for that purpose, a complete list of all the taxable real estate in said city, according to the schedules as returned and revised by the assessors, showing in a proper column, to be ruled for that purpose, the names of the different owners, so far as known to the said assessors, and in another column the amount of the valuation made in each case. Said books shall also have ruled therein an appropriate column for extending or inserting the amount of the taxes which may be levied upon said property. Said book or books shall together constitute Personal the tax list of real estate for such year. The city clerk tax list. shall also enter, under the direction of said assessors, in 84 [on. CITY CHARTER. 9] OOLLEGTION OF TAXES AD ASSESSMENTS. 85 another book to be prepared for that purpose, a complete list of the taxable personal estate in said city, as returned and revised by said assessors, showing in the proper column the names of the different persons whose property has been assessed, and in other columns the valuations made by the assessors. Said book shall also have ruled therein an appropriate column for extending or inserting the amount of the taxes which may be levied thereon. Said book shall constitute the personal tax list for such year. The clerk shall add up the valuations in each list, and the aggregate amount thereof shall be entered by him at the foot of the appropriate column on the last page. When the said tax lists shall have been so completed, they shall be signed by the said assessors and left in the custody of the city clerk, and shall constitute the only record to be referred to in any case in which their said assessments may be drawn in question. SEC. 4. The common council shall thereupon, by an Tax levy,. ordinance or resolution, levy such sum or sums of money as may be sufficient for the several purposes for which taxes are herein authorized to be levied (not exceeding the authorized percentage), particularly specifying the purpose for which the same are levied. SEc. 5. It shall be the duty of the city clerk to esti- Taxe,s to be computed mate the several taxes levied by the common council, com- by clerk ald inserted in puting them together as one tax, and to insert the total tax lists. amount of such taxes in the appropriate column of the several tax lists, opposite to the person or property chargeable therewith. When completed, the city clerk shall attach Collection to each of said tax lists, a warrant, under the corporate seal, to be signed by the mayor, comptroller, and city clerk, directed to the collector, commanding him to make, levy and collect, as the taxes for such year, the several sums of money set opposite to the real and personal estate or persons in said tax lists mentioned or described, of the goods and chattels of the respective owners of such real and personal estate; which warrants shall also designate the names and rates of the several taxes included therein SEc. 6. Said tax lists, with the warrants attached, shall Delivery of warrants to, be delivered to the collector bit the comptroller, on or before o. ctor. 9] COLLECTION OF TAXES AND ASSESSMENTS. 85 CIT CHRTR [C the last day of October in each year, and shall constitute the only process necessary to be issued for the collection of the annual taxes. The comptroller shall take a receipt from the collector for the said tax lists, specifying the amount of the taxes levied in each list Spcilal e SEC. 7. When any special assessment shall have been "sessment warrants. confirmed by the common council, and no right of appeal therefrom is given by this act, it shall be the duty of the city clerk to issue a warrant for the collection thereof, which shall be under the corporate seal and signed by the mayor, comptroller and city clerk, and shall contain a copy of the assessment roll as confirmed by the common council, or so much thereof as describes the real estate assessed and the amount of the assessment in each case. If the right of appeal from the order of confirmation should exist in any case, said warrant shall not be issued until the expiration of the time limited for the taking of such appeal; and if in any case an appeal should be actually taken, the issuing of the warrant shall be delayed until after the determination of such appeal. Delivery to SEC. 8. All warrants issued for the collection of special collector.spca assessments, shall be delivered by the comptroller to the collector, taking his receipt therefor in the manner pre scribed in the case of warrants for the collection of the annual taxes. Notice to SEC. 9. Upon the receipt of any warrant for the collecbe given by collector. tion of the annual taxes, or any special assessment, the col lector shall forthwith give notice, by ten days' publication in the corporation newspaper, that such warrant is in his hands for collection, briefly describing its nature, and re questing all persons interested to make immediate payment at his office, and that in default thereof the same will be collected at the cost and expense of the persons liable for the payment of such taxes or assessments. Immediately after receiving the personal property tax list, he shall notify all persons through the post office of the amount of their personal property tax. In the notice to be published in the corporation newspaper, he shall notify all parties interested, that after the expiration of sixty days from the day of Dutytolevy receiving said list, he will levy upon the personal property [OH. S(; CITY CHARTER. COLLECTION OF TAXES AND ASSESSMENTS. of all who shall have failed to pay; and, at the end of sixty days, he shall so levy, if property belonging to such delinquent persons can be found; and he shall be liable for the amount of their tax in case of neglecting to do so. Where persons cannot be found, or property belonging to them, out of which to make the tax, the collector shall advertise their names and call for information concerning them and their property, and state the amount of their tax in the corporation newspaper; and this tax shall be a lien upon any property they may have or may thereafter acquire, until paid; and the collector or his successor in office may at any time thereafter levy for the same. But nothing in this section contained shall be so construed, as to prevent the collector from levying at any time after the publication of the ten days' notice above required. (Several nzotices may be fit one advertisement, Sec. 8, post, 179; provisions as to fees and proceedings of collector on levy and sale of goods and chattels, Sec. 9, post, 180.) SEC. 10. All taxes levied by the common council under Toaxres, "ile on real this act, shall be a lien upon the real estate on which the et,atte fro firt of May. same may be imposed, and said lien shall continue until said taxes are paid. Every person owning real property on the first day of May, including alt such property purchased on that day, shall be liable for the taxes thereon for that year. The city taxes shall also be a lien on the personal Lien on personal property of all persons owing taxes, from and after the property. delivery of the warrant for the collection thereof to the collector; and no sale or transfer of said property shall affect the lien, but the said property may be seized by the collector wherever found, and removed, if necessary, and sold to discharge the taxes of the person owing the same; and the same proceedings may be resorted to by the collector upon any warrant issued for the collection of a special assessment (Provisions as to fees and proceedings of collector on levy and sale of goods and chattels, Sec. 9, post, 180.) SEC. 11. If, from any cause, the taxes charged in the Dlhmfg,e real estate tax list shall not be collected or paid, on the oolec. lands or lots described therein, on or before the first day of January ensuing the date of the warrant, it shall be the 9.] 87 88 CITY CHARTER. [CH. duty of the collector to demand and collect, for the use of said city, in addition to the taxes remaining unpaid, five per cent. damages thereon in every case; and if the assess ments charged in any special assessment warrant shall not be paid within sixty days after the first publication of notice by the collector that he has received such warrant for collection, the assessments then remaining unpaid shall be collected, with damages, at the rate of one per cent thereon for each and every month thereafter until the same shall be paid. foppjicgtion SEC. 12. It shall be the duty of the collector, between mgaent the fifteenth day of January and the last day of February against peoipeqtynt in each year, to make report to some court of general juris diction held in said city, at any special or general term thlereof, of all the taxes and assessments then remaining unpaid upon the real estate tax list, and all special assess ment warrants which were delivered to ]ilm on or before the last day of the preceding October, asking for judgment against the several lots and parcels of land, or other prop erty described in such list or warrants, for the amount of taxes, assessments, damages and costs respectively due Notice. thereon. The collector shall give notice, by six days' pub lication thereof in thecorporation newspaper, of his intend ed application for judgment, which shall briefly specify the nature of the respective warrants upon which such applica tion is to be made, and request all persons interested to attend at such term. The advertisement, so published, shall be deemed and taken to be sufficient and legal notice of the aforesaid intended application by the collector to such court for judgment, and shall be held a sufficient demand and refusal to pay the said taxes and assessments. (Several notices may be in one advertisement, Sec. 8, post, 179.) BCopy, of SEC. 13. The collector shall obtain a copy of the advernotice to be filed. tisement or advertisements referred to in the preceding sec tion, together with a certificate of thie due publication thereof, from the printer or publisher of the newspaper in which the same was published, and shall file the same with the clerk of such court at the said term, with said reports. [CH. 88 CITY CHARTER. COLLECTION OF TAXES AND ASSESSMENTS. SEC. 14. The clerk of said court, upon the filing of such Tax and aBsessment reports, by the collector, shall receive and preserve the 8uit8. same, and shall record thereon all judgments, orders and other proceedings of said court in relation thereto. Each of said reports shall constitute a separate suit, and shall be docketed by the clerk in the following form as nearly as may be, to wit: City of Chicago vs.- and others. -Suit for Taxes. Or if it be an assessment for some specified improvement, in the manner following: City of Chicago vs. and others. Suit for Assessment on Warrant, for. Or ill such other manner as will sufficiently indicate the nature of the improvement for which the assessment is due. Judicial SEc. 15. It shall be the duty of the court, upon the proceeuadings. filing of said reports, to proceed immediately to the hearing of the same, and they-shall have priority over all other causes pending in said court. The said court shall pronounce judgment against the several lots and parcels of land or other property described in said reports, for which no objections shall be filed, for the amount of the tax or assessment, damages and costs due severally thereon. The owner of any property described in said reports, or any person beneficially interested therein, may appear at said court, at the time designated in the collector's notice, and file objections in writing to the recovery of judgment against such property; but no objection shall be sustained founded on any mere formal irregularity or defect. The court shall hear and determine all objections in a summary way, without pleadings; and shall dispose of the same with as little delay as possible consistently with the demands of public justice. But should justice require that for any cause the suit as to one or more owners should be delayed for more than twenty days, judgment shall then be rendered as to the other property and lands, and process shall issue for the sale thereof the same as in all other cases. SEc. 16. In all cases where judgment shall be rendered Order of asle. by default against the property described in said reports, the court shall thereupon direct said clerk to make out and 9.] 89 90 OITY OHARTER. [OH. enter an order for the sale of the same, which said order shall be substantially in the following form: WHEREAS, Due notice has been given of the intended application for a judgment against said lands and other property, and no owner hath appeared to make defense or show cause why judgment should not be entered against the said lands and other property for the taxes, (or assessment, as the case may be,) damages and costs due and unpaid thereon; therefore, it is considered by the court, that judgment be and is hereby entered against the aforesaid lots and parcels of land and other property, in favor of the city of Chlicago, for the sum annexed to each lot or parcel of land or other property, being the amount of the taxes, (or assessment), damages and costs due severally thereon; and it is ordered by the court, that the said several lots and parcels of land or other property, or so much thereof as shall be sufficient, of each of them, to satisfy the amount of the taxes, (or assessment), damages and costs annexed to them severally, be sold as the law directs. In all cases where a defense shall be interposed, and judgment shall be rendered against the property, a similar order, adapted to the circumstances of the case, shall be made out and entered of record. Ten cents costs shall be taxed to each lot against which judgment is rendered; five cents to be for clerk's and judge's fees, and five cents for advertising the notice of sale. isle.f SEc. 17. It shall be the duty of the clerk of such court, within twenty days after such order is granted as aforesaid, to make out, under the seal of said court, a copy of so much of said collector's report in such case as gives a de scription of the land or other property against which judg ment shall have been rendered, and the amount of such judgment, together with the order of the court thereon; which shall constitute the process on which all lands, lots, sub-lots, pieces and parcels of land or other property, shall be sold for the amount of any taxes, assessments, damages and costs so levied, assessed or charged upon them; and the said city collector is hereby expressly authorized and Notice of empowered to make sale of such lands, lots, pieces, or par eels of land or other property, upon ten days' notice, to be published at least three times in some newspaper printed in said city. Contents of SEc. 18. The said advertisement, so to be published in notice. each case of a judgment upon any special or general collec ICE. 90 CITY CHARTER. COLLECTION OF TAXES AND ASSESSMENTS. tion warrant and report as aforesaid, shall contain a list of the delinquent lots and parcels of land or other property to be sold, the names of the owners, if known, the amount of the judgments rendered thereon respectively, and the warrant upon which the same was rendered, the court which pronounced the judgment, and a notice that the same will be exposed to public sale at a time and place to be named in said advertisement by said collector. The omission of the name of any owner, or any mistake respecting the same, shall not invalidate the sale, if the property be otherwise described with sufficient certainty. The proceedings may be stopped at any time upon payment of said judgment to the collector. SEC. 19. In all proceedings and advertisements for the Abbrevta tions. collection of such taxes and assessments, and the sale of lands therefor, letters and figures may be used to denote lots, sub-lots, lands and blocks, sections, townships, ranges, and parts thereof, the year and the amounts. SEC. 20. The sale shall be made for the smallest portion Mode of conducting of ground, (to be taken from the east side of the premises), sale. for which any person will take the same and pay the amount of the judgment thereon. Certificates of sale shall oCertifceates of purchue. be made and subscribed by the collector, which shall be delivered to the purchaser, which certificates shall contain the name of the purchaser, a description of the premises sold, the amount of the tax or assessment, with the amount of the judgment for which the same was sold, and the time when the right to redeem will expire. The collector shall continue such sale from day to day, until all the lots or parcels of land or other property contained in his precept, on which judgment remains unpaid, shall be sold or offered for sale. SEc. 21. The person purchasing any lot or parcel of Purc-b-rs to make land or other property, shall forthwith pay to the collector ipmmediate the amount of the judgment due thereon, and on failure so to do, the said property shall be again offered for sale in the same manner as if no such sale had been made; and in no case shall the sale be closed until payment shall have been made. if no bid shall be made for any parcel of land, or If no bid, other property, the same shall be struck off to the city; and be sthecikty to the city. 9.] 91 92 CITY ChARTER. [OH. thereupon the city shall receive, in the corporate name, a certificate of the sale thereof, and shall be vested with the same rights as other purchasers at such sales. precept. SEc. 22. The collector shall make return of his precept Reordo ecs.rd of to the court from which the same was issued. A record of all sales made by the collector shall be kept in the office of the comptroller, which shall be open to public inspection at all reasonable times; and said record, or copies thereof, certified by said comptroller, shall be deemed sufficient evi dence to prove the sale of any land or other property for taxes or assessments, or any other fact authorized to be recorded therein. Redemption SEc. 23. The right of redemption in all cases of sales for taxes or assessments, shall exist to the owner, his heirs, creditors, or assigns, to the same extent as is allowed by law, in the case of sales of real estate for taxes, on the pay ment, in lawful money of the United States, of double the amount for which the same was sold, and all taxes accruing subsequent to the sale, with interest at the rate of ten per cent. per annum. If the real estate of any infant, feme covert, or lunatic, be sold under this act, the same may be redeemed, at any time within one year after such disability shall be removed. Redemption shall be made by the pay ment of the amount of redemption money to the treasurer, and taking his voucher therefor, and filing the same in the office of said comptroller, who shall thereupon note the fact of said redemption upon his record of sales; or, any person holding a certificate of sale may surrender the same to the comptroller to be canceled, and the fact shall in like manner If not be noted upon said record. Upon the return of the certifi.edeemed, a deed to be cate, or proof of its loss, and the filing with the comptroller given. of the affidavit required by the constitution of this State, if the property shall not have been redeemed according to law. a deed shall be executed to the purchaser, or his assignee, under the corporate seal, signed by the mayor, comptroller and clerk, conveying to such purchaser or as signee the premises so sold and unredeemed as aforesaid. A memorandum of all deeds so made and delivered shall be entered by the comptroller in the book wherein tax sales [CH. 92 CITY CIIARTER. COLLECTI()N OF TAXES AND ASSESSMENTS. are recorded; and a fee of one dollar may be charged by the comptroller for every deed so issued. SEc. 24. Such certificate of purchase shall be assigna- Certificates ble by indorsement, and an assignment thereof shall vest in aignable. the assignee, or his legal representatives, all the right and title of the original purchaser. SEC. 25. Whenever it shall appear to the satisfaction of Er~n~eo~ sales to be the comptroller, before the execution of a deed for any canceled. property sold for taxes, that such property was not subject to taxation, or that the taxes had been paid previous to the sale, he shall make an entry opposite to such property on his record of sales, that the same was sold in error, and such entry shall be evidence of the fact therein stated; and this provision shall apply, so far as the same is applicable, to all sales for special assessments. SEC. 26. All deeds made to purchasers, of lots, lands Tax deeds "rma or other property, sojd for taxes or assessments, shall be Yaic.eOf evidence of prima facie evidence, in all controversies, and suits, in certainfacts relation to the right of the purchaser, his or her heirs or assigns, to the premises thereby conveyed, of the following facts: First. That the land or lot conveyed, was subject-. to taxation, or assessment, at the time the same was advertised for sale, and had been listed and assessed, in the time and manner required by law. Second. That the taxes or assessments were not paid at - any time before the sale. Third. That the land or lot conveyed, had not been redeemed from the sale at the date of the deed. And shall be conclusive evidence of the following facts: eonclusive evidence of First. That the land or lot was advertised for sale, in certain f&t the manner and for the length of time required by law. Second. That the land or lot was sold for taxes, or as sessments, as stated in the deed. Third. That the grantee, in the deed, was the purchaser. Fourth. That the sale was conducted in the manner required by law. And in all controversies and suits, involving the title Proof to the lot or land claimed and held under and by adee.at tax vitoue~ of such deed, the person or persons claiming ~~title. virte of such deed, the person or persons claiming title, 9.1 93 94OT HR-.[H adverse to the title conveyed by such deed, shall be required to prove, in order to defeat the said title, either that the land or lot was not subject to taxation at the date of the sale; that the taxes or assessments had been paid; that the land or lot had never been listed and assessed for taxation or assessment, or that the same had been re deemed according to the provisions of this act; and that such redemption was made for the use and benefit of the persons having the right of redemption, under the laws of this State; but no person shall be permitted to question the title acquired by the said deed, without first showing that he, she or they, or the person under whom he, she or they claim title, had title to the land or lot at the time of the sale, or that the title was obtained from the United States, or this State, after the sale, and that all taxes due upon the lot or land, have been paid by such person, or the person under whom he claims title as aforesaid; and no deed of land or other property sold for the non-payment of taxes or assessments, shall be questioned in any suit or controversy, unless the person wishing to contest the same, shall have tendered or deposited the amount of the redemption money and interest, as now provided by the laws of this State, in case of sales of real estate for taxes Successorof SEC. 27. Any change made in the incumbent of the collector empowered office of the collector during the pendency of any such to complete proceedings. proceedings, shall not operate to affect or delay the same, but the successor or successors in office of such collector shall be authorized to do all acts necessary to complete such proceedings, the same as if his predecessor had con"omptroller tinued in office. In case of a vacancy occurring in any such to act when officevacant office, the proceedings shall be prosecuted by the comp troller until such vacancy is filled by election or otherwise. Asaleswmheent SEC. 28. All sales of property for the non-payment of sales, when to be made. taxes and assessments, for any improvement of what kind soever, shall be held at the same time with the general sale of property for nonpayment of city taxes in each year, unless, in particular cases, said sale is stayed or delayed by examination or process of law; the intent hereof being that there shall be but one general collection by sale, of all taxes and assessments whatsoever in each and every year; LOU. 94 CITY CHARTER. 9.] OOLLEOTION OF TAXES AND ASSESSMENTS. 95 which sale shall take place in the manner hereinbefore provided, and at the same time in each year: Provided, That in all cases where judgment shall be delayed in consequence of any appeal, or the delay of any court in rendering its decision, such sales may be made at any time after final judgment shall have been rendered, upon notice to be given as in other cases. SEC. 29. Any assessor, collector, or other officer, who Liability of assessors shall in any case refuse or knowingly neglect to perform frdonlleo~t for neglect any duty enjoined upon him by this chapter, or who shall of duty consent to, or connive at, any evasion of its provisions, whereby any proceeding required by this chapter shall be prevented or hindered, shall, for every such neglect or refusal, be liable to said city, individually and upon his official bond, for double the amount of loss or damage caused by such neglect or refusal, to be recovered in an action of debt, in any court having jurisdiction of the amount thereof. SEC. 30. No assessment of property, or charge for taxes dfm8lnot defects not or assessments thereon, shall be considered illegal on to defeat taxes or asaccount of any irregularity or informality in the tax lists or 8oS8mets. assessment rolls, or on account of the assessment rolls or tax list not being made, completed. or returned within the time required by law, or on account of the property having been charged or listed in the assessment or tax list without name, or in any other name than that of the rightful owner; and no error or informality in the proceedings of any of the officers entrusted with the levying and collection of taxes or special assessments, not affecting the substantial justice of the tax or assessment itself, shall vitiate or in any way affect the tax or assessment. SEC. 31. If any purchaser of lands, lots, or other prop- iRndeaemPtton erty, sold for city taxes or assessments, shall suffer the same setohnid,s,l within two to be again sold for like taxes or assessments, before the yearexpiration of two years from the date of his or her purchase, such purchaser shall not be entitled to a deed for the property until the expiration of two years from the date of the second sale; during which time the land, lot, or other property shall be subject to redemption, and the person redeeming shall only be required to pay, for the use of the 9.1 95 COLLECTION OF TAXES AND ASSESS]F ENTi3. 96 CITY CHARTER. LCH. purchaser at the first sale, the amount paid for the property, and double the amount paid by the second purchaser, for his use, as in other cases. CHAPTER X. THE POLICE DEPARTMENT. SETION 1. Board of police, how constituted; quorum. 2. Appointment of president and secre tary; secretary's salary. 8. Commissioner's oath of offie; bond. 4L Power and authority of the board; power to construct telegraph lines. 5. General duties of the board. 6. Authority to establish rules and reg ulations; organization of police force; appointments. 7. Qualifications and duties of police officers, their mode of trial and re moval, to be prescribed by the rules of the board; appointment of super intendent; ineligibility; removals from office; promotions. 8. Salary of commissioners; salary of superintendent and other officers; members of the force prohibited from receiving gifts or fees for po lice service; not to aid in the de fense of accused persons. 9. Complaints against police officers; trial; appeal. 10. Police life and health insurance fund. 11. Pelief to be provided for disabled policemen. 12. Powers of police officers; certain officers authorized to enter build ings or vessels to prevent felonies, or arrest felons; power to serve process. 13. Detection and arrest of gamblers. 14. City to be divided into police pre cincts; police stations; superin tendent to promulgate all regula tions and orders. 15. Power to appoint special policemen. 16. Power to appoint patrolmen on re quest and at the expense of private persons; special patrolmen. 17. One week's notice required of inten tion to withdraw from police force; no person removed to be re-ap pointed. 18. Disposition of stolen property; books to be kept for entry of all com plaints; registry of stolen proper ty; record required to be kept. 19. Accommodations for the detention of persons arrested to be provided at each station; arrests to be reported; special provisions respecting the detention and examination of per. sons arrested; detention of wit nesses; special bail. SECTION 20. Police expenses made a city charge; power to appoint police officers for the county, and for village and town authorities. 21. Board to furnish comptroller with an annual estimate of police expenses; council authorized to revise the same; the police fund to be raised by general tax. 22. Police fund, how disbursed. 23. Authority of the board to incur ex pense limited; accounts subject to inspection. 24. Duty of the board to enforce city or dinances; power to issue subpoenas and administer oaths; may compel the attendance of witnesses. 25. Security to be taken from certain po lice officers; oath of office. 26. Superintendent to make quarterly reports; the board to make an an nual report to common council. 27. Exemption from military and jury duty. 28. Penalty for assaulting electors on election day; and police officers when on duty; for neglecting to arrest offenders, and for fraudulent ly pretending to be a police officer. 29. The board to act as a board of health; power to abate nuisances. 80. Board empowered to take necessary measures to prevent the spread of infectious disease; reports of mor tality. 81. Practicing physicians to report in fected patients; penalty for neg lect. 82. Visitation of vessels suspected of having disease on board. 83. All infected persons, not resident, may be removed to pest house; in fected goods may be destroyed. 34. Vessels infected may be removed to quarantine; punishment for refusal to comply with orders. 85. Council may prescribe other powers and duties to be exercised for sani tary purposes; power to enter and examine houses, boats and vessels. 386. Repealing clause. Board of SECTION 1. There is hereby established an executive poleice, howt constituted. department of the municipal government of said city, to be 10.] THE POLIc1 DEPARTMENT. 97 known as the board of police. Said board shall consist of three commissioners, in addition to the mayor, who shall be Mayo; a member e ex officio a member thereof, to be chosen in the manner Oieto. hereinbefore prescribed; and a majority of said board shall constitute a quorum for the transaction of business. Quorum. (Mayor no longer member of board of police, Sec. 19, post, 196.) SEC. 2. The said board shall appoint one of their own President number to act as president, and some other person to act as secretary; and the secretary shall receive such annual salary sesseatlarry, ,vhis salary. as may be determined upon by the board of police. Oath of SEC. 3. Before entering on the duties of their office, Oath,ommis said commissioners shall take an oath to obey the constitu- sioners. tion and laws of this State, and faithfully to perform the duties of their said office, the certificate of which oath shall be filed in the office of the city clerk. Each of said com- Bond. missioners, before entering on the duties of his office, shall also give a bond to said city in the sum of twenty-five thousand dollars, with sureties to the satisfaction of the judge of the circuit court of Cook county, conditioned for the faithful discharge and performance of his duties as such commissioner; and that he will well and truly account for and pay over any and all moneys, and surrender any and all property, books and papers, which may come into his hands as such commissioner, on the expiration or other termination of his term of office. (fyarther provision as to bond of present commissioners, Sec. 18, post, 196.) SEC. 4. Said board shall assume and exercise the entire General powers of control of the police force of said city, and shall possess full the board. power and authority over the police organization, government, appointments, and discipline within said city. It shall have the custody and control of all public property, books, records and equipments belonging to the police department, and shall have power to erect and maintain, under the general laws of the State relating to telegraph lines, all Power to construct such lines of telegraph in such places within the said city, telegraph lines. as for purposes of police, the board shall deem necessary, whenever the common council shall authorize the estab]ishment of such telegraph line or lines. 7 1 0.] 97 THE POLICE DEPARTMENT. GITY OHARTER. [OH. General. SEC. 5. It shall be the duty of the board of police hereduties. by constituted, at all times of the day and night within the boundaries of the said city of Chicago, to preserve the public peace, to prevent crime and arrest offenders, to protect rights of person and property, to guard the public health, to preserve order, to remove nuisances existing in public streets, roads, places and highways, to provide a proper police force at every fire, in order that thereby the firemen and property may be protected, to protect strangers and travelers at steamboat and ship landings, and railway sta tions, and to obey and enforce all ordinances of the common council within the city which are applicable to police or Puirsuit of health. Whenever any crime shall be committed in said fugitives from justice city, or within the county of Cook, and the person or per sons, accused or suspected of being guilty, shall flee from jis tice, the said board of police may, in their discretion, authorize any person or persons to pursue and arrest such accused or suspected person or persons, and return them to the proper criminal court, having jurisdiction of the offense, for trial. Powerto SEC. 6. The duties of the police force shall be executed establish rules and under the direction and control of said board, and according regulations. to rules and regulations which it is hereby authorized to pass from time to time, for the more proper government and discipline of its subordinate officers and the police force of Orgnanifza- said city. The said police force shall consist of a superintion of ct.plc uen police force. tendent of police, three captains of police, six sergeants, ninety police patrolmen, and as many more police patrol men, sergeants, and deputy superintendents, as may be authorized by the common council on the application of Appoint- the board. The said offices hereby created shall be sever ally filled by appointment in the mode prescribed by this act, and each person so appointed shall hold office only during such time as he shall faithfully observe and execute all the rules and regulations of the said board, the laws of the State, and the ordinances of the city. (Repeealed, and nfew section enacted, Sec. 20, post, 196, and Sec. ]5, post, 195.) Qualifncat SEC. 7. The qualifications, enumeration and distribution tions and.. duties, mode of duties, mode of trial and removal from office, of each of trial and removal, to officer of said police force, shall be particularly defined and 98 [C]EI. CITY CIE[ARTER. 10.] THE POLIOE DEPARTMENT. 99~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ prescribed by rules and regulations of the board of police: be pbred by y ~~~~~~~~~~~~~~~~~cr ibed by Provided, however, That no person shall be appointed to or roles of the board. hold the office of superintendent of police without the Appoint ment of advice and consent of the common council to every such soupeinten appointment; nor shall any person be appointed to or hold dent. office in the police force aforesaid, who is not a citizen of the United States, or who shall not have resided within the inerligible State of Illinois two years next preceding his appointment, or who shall ever have been convicted of crime: And Roettoovbales not to be provided, That no person shall be removed therefrom, except exmade,pt for 'ian no ~~~~~~~~~~~~~~except for upon written charges preferred against him to the board ofc police, and after an opportunity shall have been afforded him of being heard in his defense; but the board of police shall have power to suspend any member of the police department of the city, pending the hearing of the charges preferred against him: And provided, That whenever any Promotions. vacancy shall occur in the office of captain of police, the same shall be filled by an appointment from among the persons then in office, as sergeants of police, and a like vacancy in the office of sergeant of police, shall be filled by appointment from among the persons then in office as police patrolmen. (Repealed, and new sections enacted, Sec. 20, post, 196, and Sec. 16, post, 195.) SEc. 8. The police commissioners shall receive such slary of commisannual salaries as may be fixed upon and allowed by the sioners. common council, and no other compensation shall be paid or allowed. The superintendent of police shall receive a Salary of superinsalary of fifteen hundred dollars per annum. Each captain tetodernt and other shall receive a salary of seven hundred dollars per annum, officers. and each sergeant a salary of six hundred and fifty dollars. The pay of each police patrolman shall be at the rate of not less than four hundred and eighty, nor more than six hundred dollars per annum. The salaries shall be paid monthly to each person entitled thereto. No member of Member,s of police force the board of police, or of the police force, shall receive or not to receive gifts share in, for his own benefit, under any pretense whatso- or fees for service, ever, any present, fee, gift or emolument for police service, withot 7 7~~~~~~~~~~~~~permission, other than the regular salary and pay provided by this section, except by the unanimous consent of the board of police; nor shall any such member receive or share in any 10.] 99 TI-RE POLICE DEPARTMENT. I I 100 OITY CHARTER. [OH. fee, gift or reward, from any person who may become bail for the appearance of any arrested, accused or convicted person, or who may become surety for any such person on appeal from the judgment or decision of any court or magistrate; or any fee, gift or reward, in any case, from any attorney at law, who may prosecute or defend any person arrested or prosecuted for any offense within the county of Cook; nor shall any such member either directly or indirectly interest himself, or interfere, in any manner whatever, in the em ployment or retainer of any attorney, to aid in the defense of persons arrested or accused; and for any violation of either of the foregoing provisions, the officer so offending shall be immediately removed from office. (Repealed, and new sections enacted, Sec. 20, post, 196, and Secs. 13, 14, post, 194. Before repeal, amended, Sec. 23, post, 185.) Any citizen SEC. 9. Any citizen of Chicago, with a view to the trial may prefer charges and suspension or removal from office of any officer or againast pou.ce officers. policeman of the police, may, on oath in writing, prefer or make, before the board, charges or complaint touching the character and competency, or affecting the acts, conduct or omissions of such officer or policeman, or for violation of, or misconduct as defined and prescribed by, the rules and regulations of the board; and said board, after reasonable notice, not exceeding ten days, to the person charged, shall Thrialof proceed to the trial of said officer or policeman on such charges. charges or complaint, and shall have power to, and shall issue subpoenas, tested in the name of the president of the board, to compel the attendance of witnesses, to administer oaths and affirmations, and generally shall, for the purposes of such trial, have and exercise the powers and duties of justices of the peace in civil cases, so far as the same are applicable, and may make an order of removal or suspenAppe.s. -sion for some certain period. The party complaining, or person charged, feeling aggrieved by any such order, may at once, on giving bond to the president of the board, with security to be approved by him or the board, conditioned for the payment of accrued and accruing costs, appeal from the order or finding of the board to any court of record of Cook county (except the county court), which said court 100 [CIT. CITY CHARTER. THE POLICOE DEPARTMENT. shall proceed to the trial of said complaint as speedily as may be, and in preference to other cases, and make such final order in the case as equity and justice shall require; and said order shall be final and conclusive, without further appeal. If, on such trial, said charges or complaint shall be sustained, such officer or policeman shall pay the costs of such proceeding, and the same may be deducted and with held from his pay, and, in case of his suspension, his pay shall also cease from the date of the charge and during the period of suspension. If such complaint shall be dismissed or not sustained, then the person making the same shall pay all costs. In trials under this section, the same costs shall Cost8. be charged and taxed as in trials before justices, and be collected on execution, as the case may be, from the court, or on execution to be issued by any justice of the peace, on certificate of the same by the board and order for execution, said costs, when collected, to be paid to the treasurer of the board, for the benefit of those concerned. But the said board shall not tax or receive any fees for themselves, or for any member thereof SEc. 10. All rewards, fees, proceeds of gifts and emolu- P',,')lit~fe and health ments, that may be allowed by the board of police to be insurance fund. paid and given for or on account )f extraordinary services of any member of the police force, and all moneys arising from the sale of unclaimed goods, shall be paid into the city treasury, and shall constitute a fund, to be called the "Police Life and Health Insurance Fund;" and the persons who shall, from time to time, fill the office of president of the board of police and that of the comptroller of the city of Chicago, are hereby declared the trustees of the said fund, and may invest the same as they shall see fit, either in whole or in part. SEc. 11. Whenever any member of the police force, in Disabledpo licemen to actual performance of his duty, and in consequence of brre teeed from the the performance of such duty, shall become bodily dis- fund. abled, his necessary expenses during the time his disability as aforesaid continues, may become a charge upon the fund provided for in the preceding section, at the discretion of said board of police. The board shall inquire into the circumstances, and if satisfied the charge upon the said fuend lo.] 101 102 CITY CHASTER. [CH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ is correct, may order the same to be paid by the draft of the said trustees upon the said fund, each writing his sig nature thereto. But the provisions of this section shall not apply to special patrolmen appointed as hereinafter provided, at the request and expense of private parties. Powers of SEC. 12. The members of the police force of the said police officers. city of Chicago, shall possess in every part of the county of Cook, all the common law and statutory powers of consta bles, except for the service of civil process, and any war rant for search or arrest by any magistrate of the State of Illinois, may be executed in any part of the county of Cook, by any member of the police force of the said city of Chicago, without any backing or indorsement of the said Authority warrant, and according to the terms thereof The superinto enter buldegls or tendent, deputy superintendent, or any captain of police, vessels; -Lo prevent fel- having just cause to suspect that any felony has been, or is onies or arrest felons. being or is about to be committed within any building, or on board of any ship, boat or vessel within the said city of Chicago or county of Cook, may enter the same at all hours of the day or night, to take all necessary measures for the effectual prevention or detection of all felonies, and may take then and there into custody, all persons suspected of being concerned in such felonies, and also may take charge of all property which he or they shall have then and there Powerto just cause to suspect has been stolen. The members of serve process. said police force may also serve or execute any process, civil or criminal, issued by the police court of said city, or either of the justices thereof Detection SEC. 13. If the superintendent of police shall report in and arrest of gamblers. writing to the board of police that there are good grounds for believing any house or room within the said city of Chicago, is kept or used as a common gaming house or cock-pit, and if two or more householders dwelling within the said city, and not belonging to the police force, shall make oath in writing before any one of the commissioners of police, to be annexed to said report, (which oath every com missioner of police is hereby empowered to administer, receive and subscribe,) that the premises complained of by the superintendent are commonly reported, and are believed by the deponents to be kept as a common gaming house or 102 [C.U. CITY CHARTER. THE POLICE DEPARTMENT. cock-pit, it shall be lawful for any commissioner of police, by order in writing, to authorize the superintendent, or the deputy superintendent of police, to enter upon such premises, taking with him or them, such members of the patrol force as shall be necessary, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and the said superintendent shall be authorized to take into custody all persons who shall be found therein, and to destroy all implements of Destruction ,of gaming gaming found therein, and shall forthwith convey the per- implements. son or persons found therein before one of the police justices in said city, who shall forthwith proceed to hear the proof, and if there be probable cause for believing that such person or persons have been guilty of any crime or misdemeanor, then the said magistrate shall forthwith order such person or persons to find good bail, with two householders of said city of Chicago, as his or their sureties, conditioned for his or their appearance at the proper criminal court, to answer any indictment which may be found; and in default thereof, such magistrate shall commit such person or persons to the county jail. SEC. 14. It is hereby made the duty of the board of Polce precincts. police, for more effectually distributing and enforcing its police government and discipline, to divide the said city of Chicago into precincts, without regard to ward boundaries, and to assign captains of police, and sergeants of police, to each of said precincts, as they shall deem for the best interest of said city. The board may, from time to time, estab- Poaltl y. ~~~~~~~~~stations. lish a station or sub-station in each precinct or division, for the accommodation of the police force on duty therein. It shall promulgate all regulations and orders through the superintendent of police, and it shall be the duty of the police force to respect and obey the said superintendent as Sernpit'-t tendent to the head and chief of the same, subject to the rules and be chief of police. regulations and general orders of the board. SEC. 15. The said board of police is hereby authorized Speia to appoint persons of suitable character, who may be in the olicemen employment of the city in other branches or departments, special policemen: Provided, Such special policemen shall not be paid for their services as policemen out of the city 10.] 1.03 10,IT CIATR.[ treasury. Such policemen shall possess the same power as the regular police patrolmen, and shall obey the rules and regulations of the board, and conform to its general discipline. Power to ap- SEC. 16. The board of police, whenever it may see fit, point special patrolmen shall, on the application of any person or persons showing for accommodation of the necessity thereof, appoint and swear any number of private persons. additional patrolmen to do duty at any place within the city of Chicago, at the charge and expense of the person or persons by whom the application shall be made, and the patrolmen so appointed shall be subject to the orders of the board of police, and shall obey the rules and regula tions of the board, and conform to its general discipline and to such other special regulations as may be made, and shall wear such dress or emblem as the board may direct, and shall, during the term of their holding appointment, possess all the powers, privileges and duties of the patrol force herein prescribed. The persons so appointed may be removed at any time by the board of police, without assignPpopwoer to ing cause therefor. The board of police may also, upon appoint additional any emergency or riot, pestilence, invasion, or during any patrolmen for special day of public election or celebration, appoint as many occasions. special patrolmen from among the citizens of Chicago as it may deem advisable, and for a specified time, and during the term of service of any such special patrolmen, they shall possess all the powers and privileges and perform all the duties of patrolmen of the standing police force of the city. Members of SEC. 17. NO member of the police force, under penpolice force to gi alty of forfeiting the pay which may be due to him, shall notice of rentntion to withdraw or resign from the police force, unless he shall resign. have given one week's notice thereof, in writing, to the Persons superintendent of police; and no person, who shall ever removed not to be re-ap- have been removed from the police force established by pointed. pointed. this act, for cause, shall be re-appointed by the board of police to any office in the said police force. Disposition SEC. 18. All stolen or other property taken by the of stolen property. members of the police force, shall be deposited and kept in a place, and by a person to be designated by the board of police; and in case of the neglect or refusal of any officer 104 [CH. CITY CI-IARTER. THE POLICE DEPARTMENT. to so deposit the property taken or found upon the possession of any person or persons arrested, he shall be subject to indictment, and be fined in a suin not exceeding three thousand dollars, and in no case less than the value of the property, and be imprisoned in the county jail not to exceed one year, and the sentence of the court, in suchcases, ipsofacto, shall vacate the office of the person so convicted. Every such article of property shall be entered in a book Register to kept for the purpose, together with the name of the owner, if ascertained, and the name of the place where folund, and of the person from whom taken, with the general circumstances and the date of its receipt, and the name of the officer recording the same. An inventory of all money or other property shall be given to the party from whom the same was taken; and in case the same shall not, within ten days after such arrest and seizure, be claimed by any other person or persons, it shall be delivered to the person from whom the same was taken, and to no other person, either attorney, agent, factor or clerk. In case said money or property shall, within said ten days, be claimed by any other person or persons, it shall be retained by said custodian, until after the discharge or conviction of the person from whom the same was taken; and if such claimant or claimants shall establish to the satisfaction of the committing magistrate, that he or they are the rightful owners, the same shall be restored to him or them, unless otherwise directed by the higher court; otherwise, it shall be returned to the accused personally, and not to any attorney, agent, factor or clerk of such accused person, after all liens or claims against the same have first been discharged and satisfied. The board of police shall also cause to be kept Complaint books t be general complaint books, in which shall be entered every kept. to complaint, preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant. It shall also cause to be kept books for the Registr of lost an,d registry of lost, missing or stolen property, for the general stolen convenience of the public, and of the police force of the property. city. It shall also cause to be kept books of records, wherein Reord tobe ,.kept of shall be entered the name of every member of the police police force. force, with his time and place of nativity the time and 10.] 105 106 CITY CHA1TIR. [CH. place when he became a citizen (if he was born out of the United States,) his age, his former occupation, number of family, and the residence thereof, the date of appointment or dismissal from office, with the cause of the latter, and in every such record, sufficient space shall be left against all such entries, wherein to make record of the number of arrests made by such members of the police force, or of any special services deemed meritorious by the captains of Recordof police. It shall also cause to be kept in proper books, the proceedings. accounts of the board, and a record of their proceedings; and they shall preserve and file copies of all bills audited and allowed. and keep an accurate account of all the ex penses of the police department. The board of police shall also cause to be kept and bound, all police returns and reports. Accommo- SEC. 19. It shall be the duty of the board of police to dations to be provided at provide at the expense of said city, all necessary accommostations for dations, within such precincts as shall be contained within detention of arrested the boundaries of said city, for the station houses required persons. by the board of police for the accommodation of the police force of such precincts, for the lodging of vagrants and disorderly persons, and for the temporary detention of per sons arrested for offenses. It shall also be the duty of said board of police to furnish the same suitably, and to warm Arrests to and light the same by day and night; and in every case of be reported. arrest, the same shall be made known to the captain upon duty in the precinct wherein such arrest was made, by the person making the same, and it shall be the duty of the said captain, as soon as practicable after such notice, to make written return thereof according to the rules and regulations of the board of police, together with the name of the party arrested, the offense, the place of arrest, and Detention the place of detention. All persons arrested by the officers and examlination of or members of the police force, shall be detained, while in persons arrested. their custody, only in the place or places provided for that purpose; and no trial or examination of any person ar rested, shall be held in the office of the superintendent of the police or of the board. Necessary and usual articles of clothing or personal apparel on the person, or in the possession of persons arrested and detained, shall CH. 106 CITY CHARTER. THE POLICE DEPARTMENT. not be taken or seized by the police, unless there be reason to suspect that the clothing has been stolen or obtained unlawfully. The board of police shall provide suitable Detention of Wtwitnesses. accommodations within said city, for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings, and such accommodations shall be in premises other than those employed for the confinement of persons charged with crime, fraud or disorderly conduct; and it shall be the duty of all magistrates, in committing witnesses, to have regard to the rules and regulations of the board of police in respect to their detention. Every person arrested by the police, charged with the vio- B.ail. lation of any city ordinance, shall be entitled to give special bail for his appearance to answer to such charge; but no member of the police force shall become, or furnish bail for any person arrested. SEC. 20. The necessary expenses incurred in the execu- Poleeeato ex,penses to tion of criminal process, and the maintenance of the police be city 7 ~~~~~~~~~~~~charge. department, hereby created within the said city of Chicago, shall be a city charge. The board of supervisors of Cook Power to appoint county assembled, may call upon the board of police to pffiee forc y ~~~~~~~~~~~~~~~~~~~~~~officers for county, and appoint, for duty within the said county, as many men as ing and it shall enumerate and describe,,upon appropriating to the utonte. authorities. police fund the necessary expenses and salaries to be in curred thereby. Any of the village or town authorities within the said county, may also make such demand upon the board of police, upon making the like provisions of pay, and it shall be the duty of the board of police to appoint such officers, who shall thereafter become regular members of the police force of the city of Chicago, and subject to all the rules and regulations of the board, discharge the duties and possess powers and privileges as such members. The supervisors of the county of Cook are hereby author ized, from time to time, to levy and raise by tax upon the real and personal property taxable within said county, such sum or sums of money as may be required to carry into effect the provisions of this section, or the police purposes of this act. SEc. 21. It shall be the duty of the board of police to Annual prepare andubmttthecestimate of prepare and submit to the comptroller~ on or before the first police 10.] 107 108 CITY CHARTER. [CH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ bcepfenrnses teod day of May in every year, an estimate of the whole cost bbe furnished boy the a nd expense of providing for and maintaining the police board. department of said city during the current fiscal year, which estimate shall be in detail, and shall be laid, by the comp troller, before the common council, with his annual estimate. To beraised The common council may revise said estimate, and the by tax. aggregate amount of the sums required after such revision, shall be provided for in the general tax levy to be laid on said city. Said money, when collected, shall be paid into the city treasury, and shall be styled the police fund, and shall be drawn out therefrom for police purposes, under the fiscal regulations established by this act. Police fund, SEC. 22. All moneys hereafter to be paid to any person how disbursed. or persons out of the police fund, shall be certified by the president or acting president of the board of police, to the comptroller, who shall draw his warrant on the treasurer therefor, stating therein the fund to which the same is chargeable, and the person to whom payable; and such warrant shall be countersigned by the president, or, in his absence, by the acting president of the board of police and the mayor. Power of SEc. 23. No expense, other than salaries and pay herein board to incurd to provided, shall be incurred by the board of police, except expenses limited. for rents, stationery, printing, advertising, fuel and light, unless the same shall be expressly authorized, and provi sion therefor made, as a separate county or city charge, by the board of supervisors for the county of Cook, or the common council of the city of Chicago, within which the Booksand expenditure becomes necessary. The books and accounts accounts to be subject to kept by said board shall be at all times subject to the ininspection. spection of the mayor and comptroller; and the common council may, at any time, require any information respecting the same, the disclosure of which will not impair the use fulness and efficiency of the police department. Board to SEC. 24. The board of police shall at all times cause enforce city ordinances. the ordinances of the city to be properly enforced; and it shlall be the duty of said board, at all times, whenever con sistent with the rules and regulations of the board and with the requirements of this chapter, to furnish all information desired, and comply with all the requests made by the com [CIT. 108 CITY CHARTER. ioa TflE POLICE DEPARTMENT. 109 mon council of said city, or by the mayor thereof, to quell riots, suppress insurrections, protect the property and preserve the public tranquility. The board of police shall have the Power to issue subpower to issue subpoenas, tested in the name of its president, Ionas for witnesses. to compel before it the attendance of witnesses upon any proceeding authorized by its rules and regulations. Each To adminis ter oaths. commissioner of police, the superintendent of police, and the secretary of the board of police, are hereby given power to administer, take, receive and subscribe all affirmations and oaths to any witnesses summoned and appearing in any matter or proceeding authorized as aforesaid, or to any depositions necessary by the rules and regulations of the board. Any willful and corrupt false swearing by any witness or person making deposition before any of the officers last mentioned, to any material fact, in any necessary proceedings under the said rules and regulations, shall be deemed perjury, and punished in the manner now prescribed by law for such offense. The provisions of law Power to copel now existing in respect to attachment of witnesses before attendance justices of the peace, and to the compulsory attendance of the said witnesses, to appear and testify before them, are hereby applied to the case of witnesses subpoenaed before the board of police. SEC. 25. The board of police shall require and make Security to be taken suitable provisions respecting security to be entered into by from certaein officers of the superintendent and deputy superintendent of police, police. and by the captains of police, and for the taking, by members of the police force, of an oath of office, and the reg- Oath of istry of the certificate of the same in a book to be kept for that purpose by the board, which oath of office may be taken before any commissioner of police, who is hereby empowered to administer and receive the same. SEC. 26. The superintendent of police shall- make to S-p-eerlto tendent to the board, quarterly reports, in writing, of the state of the make quarterly police force, with such statistics and suggestions as he may reports. deem advisable for the improvement of the police government and discipline. The board of police shall, on or be- An.ual .report to be fore the first Monday in April, in each year, report, in made by writing, the condition of the police within the said city, to the common council. 10.] 109 TIIE POLICE DEPART31ENT. 110 CITY OHARTE. [OH. Exemption SEC. 27. No person holding office under this act shall from military and be liable to military or jury duty, or to arrest on civil projury duty, etc. cess, while actually on duty. Pesaultyi fgor SEC. 28. It shall be a misdemeanor, punishable by imelectors, etc prisonment in the county jail, not less than one year nor exceeding two years, for any person, without justifiable or excusable cause, to use personal violence upon any elector in said city of Chicago while attending the polls upon any election day, or upon any mrlember of the police force there of when in the discharge of his duty; or for any such member to neglect making any arrest for an offense against the law of the State, committed in his presence, or for any person, not a member of the police force, to falsely repre sent himself as being such member with a fraudulent design. BOARD OF HEALTH. Commis- SEC. 29. In addition to their other powers and duties, sioners to act a a said boar d o f police shall also perform the duties of a board board of health. of health; and shall make diligent inquiry with respect to Power to all matters affecting the health of said city, and cause all abate nuisances. nuisances which may exist, which they may deem obnox ious to the health and lives of its inhabitants, to be abated or removed at their discretion, under a penalty of not less than five nor more than five hundred dollars, for every neg lect or refusal of any person to comply with any order of said board. Empowered SEC. 30. It shall be lawful for said board to take such to take tmosr measure s as they may firom time to time deem necessary, to the ofdiseased prevent the spread of any pestilential or infectious disease; to see that suitable provisions are made for the accommo dation of such sick persons as properly come under the care Reportris of of the city; and to make daily, weekly or monthly reports . of the mortality of the city, as they may think proper and expedient. Physicians SEC. 31. Every person practicing physic in the city to report SC 1 vr esnpatcn hsci h iy pifected who shall have a patient laboring under any malignant or patients. yellow fever, or other infectious or pestilential disease, shall forthwith make report thereof, in writing, to the secretary of said board; and for neglecting so to do, shall be con sidered guilty of a misdemeanor, and be liable to a fine of [CH. 110 CITY CHARTER. 10w] THE P0LIOE DEPARTMENT. 111 fifty dollars, to be sued for and recovered in an action of debt, in any court having cognizance thereof, with costs, for the use of said city. SEC. 32. It shall be the duty of said board to detail Vbots ando some officer of the police force, to visit and inspect all boats vessels, etc. or vessels coming, or lying and being within the harbor of the city, which are suspected of having on board any pestilential or infectious disease, and all stores and buildings which are suspected to contain unsound provisions or damaged hides or other articles, and to make report of the state of the same, with all convenient speed, to the president of said board. (Board of police to appoint health officer, and his duties, Sec. 5, post, 201.) SEc. 33. All persons in said city, not resident thereof, eo,-ent y,~~~~~~dent who shall be infested with any pestilential or infectious infected persons disease, and all things which, in the opinion of said board, may be removed. shall be infected by, or tainted with, pestilential matter, and which ought to be removed, so as not to endanger the health of the city, shall, by order of said board, be removed to some proper place, not exceeding fifteen miles beyond the city bounds, to be provided by the board at the expense of the person who may be removed, if able; and the board may order any furniture or wearing apparel to be destroyed, whenever they may judge it to be necessary for the health of the city, by making just compensation. SEC. 34. In case any boat or vessel shall come or be Infected vess~els may within the harbor or jurisdiction of the city, and the said be removed y ~~~~~to quar-, board shall believe that such boat or vessel is dangerous to antine. the inhabitants of said city, in consequence of her bringing and spreading any pestilential or infectious disease among said inhabitants, or have just cause to suspect or believe, that if said boat or vessel is suffered to remain within the harbor or jurisdiction aforesaid, it will be the cause of spreading among the said inhabitants any pestilential or infectious disease, it shall and may be lawful for the said board, by an order in writing, signed by the president for the time being, to order such boat or vessel to be forthwith removed to any distance, not exceeding fifteen miles beyond the bounds of said city, after the delivery of such order to 10,] ill TI-TE POLICE DE PART.AIENT. ,- T. [ the owner or consignee of said boat or vessel, to quaran tine, under such regulations and for such time as the com mon council or said board may prescribe; and if the master, owner, or consignee, to whom such order shall be delivered, shall neglect or refuse to comply therewith, or if after such removal, such master, owner or consignee shall neglect or refuse to obey the regulation which may be prescribed, the said president may enforce such removal or other regula tions, in such manner as the council may by ordinance direct; and such master, owner or consignee shall be con sidered guilty of a misdemeanor, and on conviction, shall be fined a sum not exceeding two hundred and fifty dollars, and imprisoned not exceeding six months in the jail of Cook county, or in the city bridewell or house of correc tion, by any court having cognizance thereof. The said fine shall be paid into the treasury. councile ay SEC. 35. The common council shall have power to preprescribe other poweers and scribe other powers and duties to be exercised and performed duties. by said board for sanitary purposes, and to punish by fine or imprisonment, or both, any refusal or neglect to observe the orders and regulations of the board upon this subject. The members of the police force shall be authorized, under the direction of said board, to enter all houses and other places, private or public, and boats or other vessels, at all times, in the discharge of any duty under the sanitary pro visions of this act. Repealing SEC. 36. All acts and parts of acts inconsistent with the clau provisions of this chapter, are hereby repealed, together with all modes and qualifications of appointment to office, as members of the police department, or of elections to office therein, inconsistent with the provisions hereof. (Board of police have control of fire department, Sec. 23, post, 197.) 112 [CH. CITY CHARTER. 11] TUE POLICE COURT. 113 CHAPTER XI. THE POLICE COURT. SECTION 1. Justices of the peace to be desig nated by council to hold a police court. 2. Daily sessions to be held; power of justices to fine or imprison. 8. Execution to issue on rendition of judgment; when body of defendant may be taken; imprisonment for non-payment. 4. Appeals and changes of nue. 5. All suits in behalf of the city to be brought in corporate name. 6. The first process shall be a summons; when warrant may issue. T. Penalties not to be remitted, unless by two-thirds vote of the council; mayor authorized to release prison ers committed to bridewell. 8. Salary of police justices; all fees to be paid into city treasury. 9. Election of police court clerk; oath of office and bond; salary; power to administer oaths and appoint deputies. SECTION 10. When clerk's office vacant, the court may appoint ad interim. 11. Duties of clerk. 12. Witness fees, when to be taxed; how paid. 18. Clerk to prosecute in absence of city attorney: police officers prohibited from conducting prosecution. 14. Clerk to make daily reports to comp troller; moneys received to be paid over daily. 15. In case of failure to make report and pay over moneys, clerk to be re moved.. 16. Council authorized to provide for the appointment of prosecuting attor ney; duties of said attorney. 17. Clerk and attorney to perform such other duties as council may pre scribe. 18. Sessions of the court to be held only in one place; court room not to be changed without a vote of the council. SECTION 1. The common council shall, in the month of Justices"f peace to be May next after the commencement of the ensuing monici- hold a ted pal year, and biennially thereafter, designate two or more police court justices of the peace in said city, who shall have exclusive jurisdiction as justices of the peace, for two years, or until their successors shall be appointed, in all actions for the recovery of any fine or penalty under the laws of said city, and all ordinances, by-laws or police regulations thereof. Should any vacancy occur, it shall be filled by the common council, but the person so appointed shall serve for the unexpired term only. SEC. 2. The said justices of the peace so designated, S8hions of tha court to shall be styled police justices, and shall hold a police court be held dauby. in said city. One of them shall hold a session of said police court daily, (Sundays excepted,) in such place as the said commnon council may provide and appoint, until the business before them or him is disposed of Said justices shall have power to fine or imprison, or both, in their discretion, where discretion may be vested in them by the ordinance or regulation, or by this act. (Council may provide for police court in each division, etc., Sec. 3, post, 191.) Executionn SEC. 3. Execution may be issued immediately on the'ho~!~ 8~~~~~~~~~~~~~~huifu 8 11] 113 THE POLICE COURT. 114 OITY OHARTER. ECH. rendition of judgment. If the defendant in any such action have no goods or chattels, lands or tenements, where of the judgment can be collected, the execution shall When require the defendant to be imprisoned in close custody in defendant maybe the jail of Cook county, or bridewell, or house of correcimprisoned. tion, for a term not exceeding six months, in the discretion of the magistrate or court rendering judgment; and all persons who may be committed under this section, shall be confined one day for each fifty cents of such judgment and costs. All expenses incurred in prosecuting for the recov ery of any penalty or forfeiture, when collected, shall be paid to the treasurer for the use of the city. Appeals andApel chnealwd change of I SEC. 4. Appeals and change of venue shall be allowed, venue and may be taken from police justices, in all cases, in the same manner as before other justices of the peace. (Change of venue to some other justice of a police court, Sec. 3, post, 191.) City sitsto SEC. 5. All actions brought to recover any penalty or i corporate forfeiture incurred under this act, or the ordinances, by laws, or police regulations made in pursuance of it, shall be De,lara- brought in the corporate name. It shall be lawful to declare, ion," debt. generally, in debt for such penalty or forfeiture, stating the clause of this act, or the by-laws or ordinances under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it. Firstproeess SEC. 6. In all prosecutions for any violation of any ordishall be a snhmmon,, nance, by-law, police or other regulation, the first process unless oath be made. shall be a summons, unless oath or affirmation be made for a warrant, as in other cases. Penalties to SEC. 7. Neither the mayor or common council shall be remitted onlybytwo- remit any fine or penalty imposed upon any person for the thirds vote of council. violation of the laws or ordinances of said city, unless two-thirds of all the aldermen authorized to be elected, shall vote for such release or remission; but the mayor Mayor may shall be authorized, in his discretion, to release from im release from the bride- prisonment, any person committed to the bridewell or house of correction, or county jail, for a violation of the ordi nances of said city, by virtue of the judgment of said police court. srcef SEc. 8. The said justices shall be compensated by a 114 [el-1. CITY CHARTER. THE POLICE COURT. salary, to be fixed by the common council, for doing the business of said police court, in lieu of all other compensation or fees whatever accruing from the business to be disposed of; and the said justices, so designated, shall not enter upon their duties, nor be appointed to hold such Fees to be relinquished court, as justices of the peace aforesaid, unless they first andpaisd ~into city sign and execute an express relinquishment in writing in treasury. favor of the city, of all other fees, emoluments or compensation whatever, than what may be provided by a salary to be fixed as aforesaid by the common council; and such express relinquishment shall be filed in the comptroller's office; and all justices' fees and costs collected in all actions brought for said city, under the city charter, shall be paid into the city treasury as other revenue of the city. SEC. 9. There shall be elected by the people at the next Election of police court municipal election, and biennially thereafter, one "police clerk. court clerk," who shall hold his office for two years, and until his successor is elected and qualified. He shall take an oath, the same as other officers elected under this act, and shall execute a bond with sufficient security to the city, to be approved by the common council. He shall receive Salary. a fixed salary for his services, the amount thereof to be determined by the common council He shall have power Powers. to administer oaths, and appoint deputies, when in the opinion of the common council it may be necessary; in which case, said deputies shall be nominated by said clerk and approved by the common council, and the common council may prescribe the duties and fix the compensation of such deputies. (Further provision as to deputies, Sec. 3, post, 191.) SEC. 10. In case of the temporary inability or absence courtmr of the clerk, or in case of a vacancy in said office, and when ry tacapncy. there is no deputy, the police court may appoint some competent person to discharge the duties of the office, until the vacancy is filled or ceases. SEC. 11. The duties of the police court clerk shall be Duties of clerk. to keep a full, detailed and complete account on his docket, of all cases and persons arrested and brought before the police court; how tried and disposed of; the number of cases disposed of; the cases in which moneys have been 11.1 I I I') CITY CHARTER. LCH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ collected; and the cases in which money is to be collected; the amount of all forfeitures, penalties, and fines assessed, or the punishment fixed in each case, with the fees and costs accrued and accruing thereon; and to collect, prosecute and receive payment of all such fees, fines, penalties and forfeitures, and all judgments and executions, and all moneys whatever accruing or to be paid in, for the use of said city, from the enforcement of any of the laws thereof, and forthwith to pay over the same to the treasurer of said city. Witness o SEC. 12. Witness fees in all cases in the police court, in fees,when to be taxed. which the city is a party, shall be taxed and collected only when demanded or claimed by the witness at the time of trial; and no witness shall be allowed more than one fee for any one day's attendance, nor shall any witness fee be taxed, in any case, in favor of any member of the police To be paid force. All witness fees, when collected, shall be paid into into city treasury. the city treasury for the benefit of such witnesses. It shall be the duty of the clerk to deliver to each witness who is entitled to receive from the city any witness fee, a certifi cate thereof, showing the name of such witness, the suit in which he testified, and the amount to which he is entitled. Comptroller The comptroller shall draw his warrant on the treasurer, on to pay witnesses. presentation of said certificate, in favor of the party enti tled to such fee, provided the same be presented within one week after the filing of the daily report, referring to said certificate, hereinafter required from the clerk of said court. Clerk to SEc. 13. It shall be the duty of the police court clerk, prosecute in absncte to see that all cases are properly prosecuted before said of city attorney. police court, in the absence of the city attorney, and no police officer shall conduct any prosecution. He shall take care that said fines, penalties, forfeitures, fees, judgments and executions are collected in all cases as speedily as may be, and the police justices shall, so far as is possible, aid said clerk in the collection thereof Clerk to SEC. 14. The said police court clerk shall, at the close make daily reports to of every day, make a written report to the comptroller, comptroller. containing the name and number of each case disposed of during the day, in which the city is a party, and its final [cir. I I (, CITY CIIARTER. 11.] THE POLICE COURT. 117~~~~~~~~~~~~~~~~~~ disposition; the names of all witnesses in each case, to whom certificates for witness fees have been issued, with the amount of each fee; and also the amount of all such fines, fees, penalties and forfeitures, as he may have collected during said day. He shall also specify in his said report, the number of cases pending; the number of cases in which any fine, forfeiture or penalty has been inflicted, and the amount thereof; and also the amount of moneys outstanding to be collected in such cases; and the state of each case respectively; and upon making each and every such statement, he shall verify the same by oath taken before some competent officer, that such statement is a full, fair and complete statement of the moneys received and collected by him during said day, and of all matters required by law to be embraced in said report. He shall Ta ilpyaYlover also pay over to the city treasurer, at the close of every mOlln,neecYted. day, all moneys received and collected by him as such clerk, and shall file his receipt therefor with the said comptroller. SEc. 15. In case of the failure of such clerk to make clerkfalling to report such report, and pay over said moneys daily, as herein aonvd rPtaoYb , ~~~~~~~over, to be required, a notice shall be served on him by the comptrol- removed. ler, that, within three days, hess required to make such returns, and pay over all moneys received, and, in case of the failure of said clerk to pay over said moneys and make such report to the satisfaction of said comptroller, he shall be suspended and removed from office, by the mayor, with the concurrence of the common council, and thereupon the mayor, by and with the advice and consent of the common council, shall appoint his successor to fill the vacancy during the unexpired term. SEC. 16. The common council, if it think proper, may, Couill mar provide for by ordinance, provide for the appointment of a prosecuting aPepoinot ment'of attorney for said police court, to manage all city cases roscting before it, and, in such case, may provide for his conipensation by a salary. In case of the appointment of such pros- His duties. ecuting attorney of the police court, he shall prosecute all cases before it, and also superintend the collection of fees, fines, forfeitures, judgments and executions, and keep a docket thereof, and file a monthly report of the number of ii.] 117 THE POLICE COURT. 118 CITY CHARTER. [OH. all cases commenced, and all cases disposed of, with the names of parties sued, and the amount of fines, fees and forfeitures collected, with the number of cases where moneys are uncollected, and the amount thereof, and file such reports in the city comptroller's office. Couneilmay SEC. 17. The clerk of the police court and police proseprescribe' other duties cuting attorney (if any), shall perform such other duties as may be prescribed by ordinance of the common council. Place of SEC. 18. The sessions of the police court shall be held holding police court in but one place, where all examinations upon criminal charges before the justices thereof shall be had; and where, also, all other business of every kind coming before the justices of said police court, shall be transacted; and the place of holding said court shall not be changed without a vote of the common council. (Council Inay provide for police court in each division, etc., Sec. 3, post, 191.) CHAPTER XII. FIRE DEPARTMENT. B ROTION 1. Power to prescribe fire limits; to prohibit the erection of wooden uildings. 2. Power to regulate construction of chimneys; deposit of ashes; dan gerous manufactories; fire-works; to require scuttles in the roofs of houses; general powers relating to fires. 8. Common council to procure fire en gines; to organize fire companies; to appoint firemen, and prescribe their duties. SCTTION 4. Engineers and firemen to take charge of fire engines and apparatus council may define their duties. 5. Assistant engineers to act as fire wardens; their duties. 6. Council may authorize appointment of fire marshal; his duties and pow ers. T. Members of the common council and firemen exempt from jury and mili tary duty. 8. Fund to be set apart for relief of disa bled firemen; fire telegraph fund. Power to SECTION 1. The common council, for the purpose of prescribe fire limits. guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected or placed or repaired, without permission, and to direct that all and any buildings, within the limits prescribed, shall be made or constructed of fire-proof ma terials, and to prohibit the repairing or rebuildingof wooden buildings, within the fire limits, when the same shall have been damaged to the extent of fifty per cent. of the value [a11. 118 CITY CHARTER. 12.] FIRE DEPARTMENT. 110 thereof, and to prescribe the manner of ascertaining such damage. SEC. 2. The common council shall also have power: First. To prevent the dangerous construction and con- To regulate chimneys, dition of chimneys, fire-places, hearths, stoves, stove pipes, etc. ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition, when considered dangerous. Second. To prevent the deposit of ashes in unsafe places, Deposit of ashes. and to cause all such buildings and inclosures as may be in a dangerous state, to be put in safe condition. Third. To regulate and prevent the carrying on of man- Dangerous uifactories dangerous in causing or promoting fire. ries. Fourth. To regulate and prevent the use of fire-works Fire-work. and fire-arms. Fifth. To compel the owners or occupants of houses or Sedttle8 and la~dders. other buildings, to have scuttles in the roofs, and stairs or ladders leading to the same. Sixth. To authorize the mayor, aldermen, police, or other Tso ricImov, surspieiouis officers of said city, to keep away from the vicinity of any Ptherovnisfnrity y ~~~~~~~~~~~~~~te vicinity fire, all idle and suspicious persons, and to compel all of anyfire officers of said city, and other persons, to aid in the extinguishment of fires, and in the preservation of property exposed to danger thereat. Seventh. And generally, to establish such regulations for T.e ttblih regulationsi the prevention and extinguishment of fires, as the common fioprefvfen tion of:fireb. council may deem expedient. SEC. 3. The common council shall procure fire engines Fire engines and apparaand other apparatus used for the extinguishment of fires, t-i. and have the charge and control of the Came, and provide fit and secure engine-houses and other places, for keeping and preserving the same; and shall have power: first. To organize fire, hose, hook and ladder, and axe Fire comp, nies. companies. Second. To provide for the appointment of a competent Appotin menit of number of able and reputable inhabitants of said city, fire- firemen. men, to take the care and management of the engines and other apparatus and implements, used and provided for the extinguishment of fires. 12.] 119 FIRE DEPART3fENT. 120 CITY CHARTER. [CH. Duties and Third. To prescribe the duties of firemen and their compensation of compensation, and to make rules and regulations for their 'lL,emen. -fothi government, and to impose reasonable fines and forfeitures upon them for a violation of the same; and for incapacity, neglect of duty or misconduct, to remove them. (Repealed, Sec. 36, post, 200.) Dchiief engi- SEC. 4. The chief and assistant engineers of the fire e8taannds department, with the other firemen, shall take the care and management of the engines and other apparatus and imple ments used and provided for the extinguishment of fires; and their duties and powers shall be defined by the common council. (Repealed, Sec. 36, post, 200.) toaistaanstfire SEC. 5. The assistant engineers of the fire department wardens. wardens shall also act as fire wardens, and it shall be their duty to examine all buildings and inclosures, to discover whether the same are in a dangerous state, and to report to the chief engineer, all violations of the charter or ordinances of said city in relation to the prevention or extinguishment of fires (Repealed, Sec. 36, post, 200.) iremarshal SEC. 6. The common council shall have power, in its discretion, to authorize the appointment of a fire marshal, whose duty it shall bq to inquire into and investigate the cause of all fires which may occur in the city, as soon as may be after they occur, and to keep a record of his pro ceedings, and of the evidence in each case, and to file the same or a copy thereof in the office of the city clerk. He shall have power to compel the attendance of any person in said city to testify upon oath concerning any fire in said city, under such penalty as the common council may pro vide, and he is hereby authorized to administer oaths to all such witnesses. He shall be required to use his utmost exertions in the discovery, arrest and conviction of all incendiaries, and perform such other duties as the common council may prescribe. Any or all of the above mentioned duties may be devolved by the common council upon the chief engineer. (Repealed, Sec. 36, post, 200.) Aldermen SEC. 7. The members of the common council and fireand firemen men shall, during their term of service as such, be exempt [Cir.. 120 CITY CHARTER. SCHOOLS AND SCHOOL FUND. from serving on juries in all courts of this State, and in the exempted from jury militia. The name of each fireman shall be registered with and military duty. the clerk of the city, and the evidence to entitle him to the exemption provided in this section, shall be the certificate of the clerk, made within the year in which the exemption is claimed. SEC. 8. One-eighth part of the amount of all fire Funndleodr disabled insurance rates, which shall be annually paid into the city firemen. treasury, as hereinbefore provided, shall be reserved and set apart, to create a fund for the relief of distressed firemen, who may become disabled in the service of the city; and shall be used solely for that purpose. Said money shall be disbursed in such sums, and under such rules and regulations, as the common council shall prescribe. The remain- Fire tele-d graph fund. ing seven-eighths of the aforesaid revenue, shall be retained by the city and allowed to accumulate, until a sufficient sum shall have been realized to defray the expense of establishing a fire alarm or fire telegraph system in said city, and shall be then used for that purpose. After this purpose shall have been accomplished, this portion of the aforesaid revenue shall be applied to the purchase of fire engines and other apparatus used for the extinguishment of fires. - (Fire department placed under corntrol of board of police, and reorganized, Secs. 23 to 36, post, 197 to 200. Sections 7 and 8 of this chapter, made applicable to new organization, Sec. 30, post, 198.) CHAPTER XIII. SCHOOLS AND SCHOOL FUND. SECTION 1. School fund of town. 89, range 14, vested in the city; powerof council to manage; to lease and convey school property. 2. Principal of the fund not to be im paired; interest on, to be used only in paying teachers. 8. Powers of common council in refer ence to the management of schools. 4. School agent to have management of school fund. 5. Agent to give bond; compensation of, to be paid out of school fund; lia bilities for misconduct. SgOTION 6. Sch)ol fund to be kept loaned: secu rities required; rate of interest. 7. Securities to be taken in the name of the city. 8. Borrower to pay expenses attending loan. 9. Debts due school fund from deceased persons to be paid first. 10. Interest at 15 per cent. to be charged from default in payment* suits may be brought to recover interest. 11. Judgments to bear 12 per cent. inter est; real estate sold on, may be bought in by the city; redemption. 13.] 121 122 CITY CHARTER. ECH. SICTIOl 12. No judicial costs to be charged to school fund. 18. If any debt becomes insecure, further security may be required; if not given, suit may be brought. 14 School tax to be deposited with the city treasurer; to be kept a separate fund; mode of disbursement. 15. South Chicago school district abol ished. 16. One or more schools to be established in each district; schools for negro and mulatto children. 17. Board of education to superintend and control the schools; general powers and duties of the board. 18. Board to establish by-laws and reg ulations for the government of schools; to employ teachers. 19. Board to have charge of school-houses and furniture; to provide fuel; bills for furniture and repairs to be paid out of the school tax fund. SECTION 20. Teachers to make monthly reports; payment of teachers. 21. School agent to report quarterly to the common council the amount of interest on hand. 22. Board of education to appoint a pres ident; to keep a record of proceed ings. 23. Powers of the board to be exercised only at formal meetings; their pro ceedings to be published. 24. Duty of the board to recommend measures to the common council. 25. Board to prepare and publish an an nual report. 26. Superintendent of schools to be ap pointed biennially. 27 Duties of the superintendent. 28 Members and officers of the board not to be interested in the sale of school books. School fund SEcTroN 1. The school lands and school fund of townof township 89,range 14, ship thirty-nine north, range fourteen east of the third manage-f ment of principal meridian, shall be, and the same are hereby vested in the city of Chicago. The common council shall, at all times, have power to do all acts and things in relation to said school lands and school fund, which they may think proper to their safe preservation and efficient management; Councilmay and sell or lease said lands, and all canal or other lots or sell or lease school lands lands, or other property, which may have been, or may hereafter be donated to the school fund, on such terms, and at such times, as the cormmon council shall deem most ad vantageous; and, on such sale or sales, lease or leasings, to make, execute and deliver all proper conveyances, which said conveyances shall be signed by the mayor and comp troller, and countersignled by the clerk, and sealed with the Proceeds to corporate seal: Provided, That the proceeds arising from be added to school fund. such sales shall be added to, and constitute a part of the school fund. Principal SEC. 2. Nothing shall be done to impair the principal not to be imp-ire of said fund, or to appropriate the interest accruing from the same, to any other purpose than the payment of teach ers in the public schools in said township. Powers of SEC. 3. The common council shall have power: council. Buildings. First. To erect, hire or purchase buildings suitable for school-houses, and keep the same in repair. Sits. Scond. To buy or lease sites for school-houses, with the necessary grounds. 122 [cia. CITY CHARTER. SCHOOLS AND SCIOOL FUND. Third. To furnish schools with the necessary fixtures, Ftixtrex, eto. furniture and apparatus. Fourth. To establish, support and maintain schools, and Maaite nanoe. supply the inadequacy of the school fund for the payment of the city teachers, from school taxes. F,fth. To lay off and divide the city into school districts, S.htoolt districts. and, from time to time, alter the same, or create new ones, as circumstances may require. Sixth. And generally, have and possess all the rights, General powers. powers and authority necessary for the proper management of schools and the school lands and funds belonging to the township, with power to enact such ordinances as may be necessary to carry their powers and duties into effect. SEc. 4. The school agent shall have the custody and School agent, his management of the money, securities, and property belong- powers. ing to the school fund, subject to the direction of the common council. SEC. 5. The school agent, before entering upon his llhool-'nt 0 ~ ~ ~ ~~~~~~~~to givebond. duties, shall give bond in such amount, and with such conditions and sureties, as the common council may require. His compensation shall be paid out of the school fund; CtioonPena and he shall be subject, for misconduct in office, to the same penalties and imprisonment, as school commissioners are or Pe,nscalty dfot misconduct. may be subject to, by law. SEC. 6. The school fund shall be kept loaned at inter- SOhh-ool fund to be kept est, at the rate of twelve per cent per annum, payable loaned semi-annually, in advance. No loan shall be made, hereafter, for a longer period than ten years, and all loans shall be secured by unincumbered real estate of double the value Security. of the sum loaned, exclusive of the value of perishable improvements thereon: Provided, The common council shall have power to reduce the rate of interest, by a vote of twothirds of all the aldermen elected; and they may also, by a like vote, authorize the investment of said funds in the bonds of the city of Chicago. SEC. 7. All notes and securities shall be taken, to the seeuriktIeto be taken in city of Chicago, for the use of the inhabitants of said town- name of the city. ship, for school purposes; and in that name, all suits, actions, and every description of legal proceedings, may be had. ,.13.] 123 124 CITY CllMTER. [CH. Borrower SEC. 8. All expenses of preparing or recording securi to pay expenses. ties, shall be paid exclusively by the borrower. Schoolfund SEC. 9. In the payment of debts of deceased persons, to have first claisem op de- those due the school fund shall be paid in preference to all ceased per sons' estate. others, except expenses attending the last illness and funeral of the deceased, not including the physician's bill. Deulnt in SEC. 10. If default be made in the payment of interest, . or of the principal, when due, interest at the rate of fifteen per cent. upon the same, shall be charged from the default, Suits to be and may be recovered by suit or otherwise. Suits may be brought. brought for the recovery of interest only, when the princi pal is not due. Interest on njudgments. SEC. 11. All judgments recovered for interest or prin cipal, or both, shall respectively bear interest at twelve per cent. per annum, from the rendition of judgment, until paid; and in case of the sale of real estate thereon, the city of Chicago may become the purchaser thereof, for the use of the school fund, and shall be entitled to the same rights given by law to other purchasers. On redemption, twelve per cent. interest shall be paid from the time of sale. Judicialt SEC. 12. No costs made in the course of any judicial costs not chargeable proceedings, in which the city of Chicago for the use of the to school fun.. und. school fund, may be a party, shall be chargeable to the school fund. Insecure Indebtscure SEC. 13. If the security on any loan should at any time proceedings, before the same is due, become, in the united judgment of the school agent and common council, insecure, the agent shall notify the person indebted, thereof; and unless further satisfactory security shall be forthwith given by the debtor, judgment may be recovered thereon, as in other cases, although no condition to that effect be inserted in the note or other security. School tax SEc. 14. The school tax fund shall be paid into the city fund. treasury and be kept a separate fund, for the building of school-houses and keeping the same in repair, and support ing and maintaining schools; and shall be drawn out only in payment of bills approved by the board of education, on the warrant of the comptroller, countersigned by the president of the board of education and the mayor. SEC. 15. The act approved February 23rd, 1847, creat 124 ICILT,, CITY CIIARTER. 13.] SCHOOLS AND SCHOOL FUND. 125 ing the South Chicago school district, and all other acts or South Chicago parts of acts inconsistent with the provisions of this chap- trhcol dis trict abolter, are hereby repealed. ished SEc. 16. There shall be established in said city at least chlo free school to be one common school in each school district, now or hereafter esteablished in every to be created; and free instruction, within their respective district. districts, shall be given in said schools, to all the children residing within the limits of the city, who are over the age of five years, and who may be sent to or attend such school, subject to such rules and regulations as may be established by the common council or board of education, pursuant to the provisions of this act. It shall be the duty of the Schools for negro and common council to provide one or more schools for the mulatto pupils. instruction of negro and mulatto children, to be kept in a separate building to be provided for that purpose, at which colored pupils between the ages of five and twenty-one years, residing in any school district in said city, shall be allowed to attend; and hereafter, it shall not be lawful for such pupils to attend any public school in the city of Chicago at which white children are taught, after a school for the instruction of negro and mulatto children has been provided. (Repealed, and new section enacted, Sec. 8, post, 192, and Sec. 5, post, 192.) Sgc.~~~~~~~~~~~~~~~~~or of. SEC. 17. The board of education, subject to such gen- Boduati o, education, Its powers eral regulations as may be prescribed by the common coun- and duties. cil, shall have the entire superintendence and control of the schools; and it shall be their duty to examine all persons offering themselves as candidates for teachers, and when, found well qualified, to give them certificates thereof gratuitously; to visit all the public schools as often as once a month; to inquire into the progress of the scholars and the government of the schools; to prescribe the courses and To prescribe methods of methods of discipline and instruction of the respective discipline, etc. schools, and to see that they are maintained and pursued in a proper manner; to prescribe what studies shall be taught, and what books and apparatus shall be used. They ExpuIsion of shall have power to expel any pupil who may be guilty of pupils. gross disobedience or misconduct, and to dismiss and re- Removal of teachers. move any teacher, whenever in their opinion he is unquali 125 13.] SCHOOLS AND SCHOOL FUND. 12 IYCATR C. fled to teach, or whenever, from any cause, the interests of the school may, in their opinion, require such removal or To appor- dismission. They shall have power to apportion the scholtion scholars ars to the several schools, but no scholar shall attend any school out of the district in which he or she resides, without the written permission of the board or the superintendent of public schools, except as herein otherwise provided. (Mfay admit children from adjoining towns of Cook county, Sec. 6, post, 192.) To establish SEC. 18. It shall be the duty of the board of education by-laws, etc. to establish all such by-laws, rules and regulations for their own government, and for the establishment and mainten ance of a proper and uniform system of discipline in the several schools, as may in their opinion be necessary. They shall determine, from time to time, how many and what class of teachers may be employed in each of the public schools, and employ such teachers, and fix their compen sation. To oversee SEC. 19. It shall be the duty of said board to take school property. 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 unTo rovide necessarily injured or deteriorated; and also to provide fuel fuel. and such other conveniences for the schools, as in their To recom- opinion may be required. They shall also recommend to mend alterations, etc. the common council such alterations, additions and im provements, as may be required in the school-houses or other property belonging to said districts. All bills for repairs, furniture, benches, desks, apparatus, fuel, et cetera, shall be audited by said board, and paid out of the school tax fund. Teachersto SEC. 20. The teachers in said district shall, at the end report every month. of each and every month, report to the superintendent of public schools, the number of days they have been em ployed in teaching school during the month, and the num ber of scholars in attendance on each day or half day; and Paymentof. at the close of each month, the board of education shall draw an order upon the agent of the school fund, in favor of said teacher, for the amount due to him or her. But no order shall be drawn upon the school fund for a greater 126 [CIE[, CITY CJEIARTER. SCHOOLS AND SCHOOL FIJND. amount than the interest on hand at the time the same may be drawn, or than the amount raised and specially appropriated for the support of schools by the common council. SEc. 21. It shall be the duty of the agent of the school stchrooloargent fund to report at the end of each quarter, to the common quarterly. council, the amount of interest on hand, and to give the board of education such information as they may, from time to time, request in reference thereto. (Further provisions for reports by agent, Sec. 30, post, 188, and Sec. 9, post, 192.) SEC. 22. The said board shall appoint from their own boersd.ent of number, a president, and provide themselves with a wellbound book at the expense of the school tax fund, in which Record of shall be kept a faithful record of all their proceedings. proceedings. SEC. 23. None of the powers herein conferred upon the P eoer-, when exerboard of education, shall be exercised by them, except at cised. a regular or special meeting of the board. They shall have Proeedings to be puball their proceedings published immediately after their lished. meetings, in some one or more of the newspapers published in the city, which will publish the same gratis, and also in the corporation newspaper, with such fullness as to inform the public, in every respect, of the business transacted by them; also, resolutions in regard to the adoption of new books to be used in the public schools, with the names of members who may introduce any proposition of interest to the public in regard to the schools, and the yeas and nays upon the same, if the question shall be thus taken. (Board, on some matters, to act only at regular meeting, and by majority of all, etc., Sec. 32, post, 189.) SEC. 24. It shall be the duty of the board to report to Board to recommend the common council, from time to time, any suggestion that improve-t ments3 to they may deem expedient or requisite in relation to the common schools and the school fund, or the management thereof, and, generally, to recommend the establishing of such schools and districts, and the making such alterations or improvements therein, as they may deem beneficial and expedient. SEC. 25. The board of education shall annually prepare Annual report to be and publish, in the corporation newspaper, a report of the ublished ~~~~number of pupils instructed in~~)y the year preceding the sev- board 13.] 127 128 CITY CHARTER. [OH. eral branches of education pursued by them, and the re ceipts and expenditures of each school, specifying the sources of such receipts, and the objects of such expendi tures. They shall also communicate to the common coun cil, from time to time, all such information within their possession as may be required. Superin- SEC. 26. For the more convenient discharge of the ten.dent of public duties assigned bylaw to the board of education, and to aid schools. them in the performance of the same, the office of super]ow ap- intendent of public schools is hereby created. Said superpointed. po inted. itendent shall be appointed biennially by the board of education, by and with the advice and consent of the comSalary. mon council, and shall receive such annual salary as shall, from time to time, be fixed by the board of education, subemoval. ject to the approval of the common council. The super intendent so appointed, may be removed at any time by a vote of the board. To superin- SEc. 27. The said superintendent shall act under the tend schools tend shools advice and direction of the board, and shall have the super intendence of all the public schools, school-houses, books and apparatus. IHe shall devote himself exclusively to the duties of his office. He shall keep regular office hours, Other other than school hours, at a place to be provided for that duties. purpose, which place shall be the general depository of the books and papers belonging to the board, and at which the board shall hold their meetings. He shall acquaint himself with whatever principles and facts may concern the interests of popular education, and with all matters pertaining in any way to the organization, discipline and instruction of public schools, to the end that all the children in said city, who are instructed at the public schools, may obtain, within their respective districts, the best education which these schools To visit are able to impart. He shall visit all the schools as often schools. as his duties will permit, and shall pay particular attention to the classification of the pupils in the several schools, and to the apportionment among the classes, of the prescribed studies. He shall carefully observe the teaching and dis cipline of all the teachers employed in the public schools, To report to and shall report to the board, whenever he shall find any the board. sl t t e enee e ha fi teacher deficient or incompetent in the discharge of his or [CH. 128 CITY CHARTER. 14.] REFORM SCHOOL. 129 her duties. He shall attend all the meetings of the board, To attend meeting, of and shall act as secretary thereof. Hle shall keep the board the board. constantly informed of the condition of the public schools, and the changes required in the same. He shall keep a record of all his proceedings, at all times open to the inspectors. A general report of the condition of the public Shanl mak general schools, shall be prepared by him at the close of each school report eaekh year, for publication. iHle shall moreover report to the board from time to time, such by-laws and regulations for the government, discipline and management of the public schools, as he may deem expedient; and shall also perform such other duties as the board of education shall from time to time direct. SEC. 28. It shall be unlawful for the superintendent, or Members and officers any member of the board, to receive, either directly or in- of the board not to be directly, any fee, gift or reward from any book-publishing interested In..le of concern, book agent or book seller, or to act as agent or sohoolbookl attorney for any book-publishing concern, book agent or book seller, or to be pecuniarily interested in the sale or publication of any book used in the public schools; and any violation of these provisions shall subject the offender to immediate removal from office by the common council. (Provisions of the charter, relating to schools and board of education, to apply to same under amendment, Sec. 7, post, 192.) CHAPTER XIV. REFORM SCHOOL. SECTION 1. Reform school continued in exist ence; the common council may change its location; power to pur chase grounds and erect buildings therefor. 2. Government of the school vested in the board of guardians; officers of the board; quorum. S. General duties of the board; ap pointment of superintendent and other officers. 4. School to be visited by one or more guardians at least once every fort night; annual report to be made to common council. 9 SECTION 5. Duties of superintendent. 6. Superintendent to have charge of the lands and buildings; to give bond; to keep accounts of receipts and ex penditures; to keep a register of all inmates. 7. Appointment of commissioner; his duties and compensation. 8. Commitments to reform school by police magistrates and justices of the peace, when and how made; powers of commissioner. 9. Commitments by courts of record. 14.] 129 REFORM SCHOOL. 0 130 OITY OHARTER. [OH. SEcTION 10. Boys committed, to be detained un til the age of 21, unless sooner dis charged or bound out by the board; guardians clothed with sole author ity to discharge; when found incor rigible, boys may be returned to committing court or magistrate. 11. Guardians authorized to bind out boys as apprentices or servants tickets of leave. SECTION 12. Guardians empowered, with concur rence of common council, to estab lish a reform school for girls. 18. Annual estimate to be furnished by the board, of amount required for maintaining the school; moneys raised, how disbursed. Rcehool com SECTION 1. The reform school, heretofore established tinited in by the city of Chicago, shall be continued in existence, as a school or place for the safe keeping, education, employment and reformation of all children in said city between the ages of six and sixteen years, who are destitute of proper parental care, and growing up in mendicancy, ignorance, The council idleness or vice. The common council may hereafter, in its may change Itslocation, discretion, change the location of said reform school, and etc. purchase grounds and erect and maintain all necessary buildings therefor. fOovern- SEC. 2. The government of said school shall be vested ment of the school. in a board, consisting of the comptroller, and six guardians Officers of to be appoin ted in the manner herein before prescribed. The board of guardians. said board shall appoint a president, vice-president and sec retary, from their own number; and a majority of the board shall constitute a quorum for the transaction of business. Genf theral SEC. 3. It shall bethe duty of the said board of guardduties of the board. ians, to take charge of the general interests of said school; to see that its affairs are conducted in accordance with the requirements of this act; to see that strict discipline is maintained therein; to provide employment for its inmates; S'perinten- to appoint a superintendent and such other officers as the de,nt. wants of the school may from time to time require, and to prescribe their duties; to exercise a vigilant supervision over said school, its officers and teachers, and to determine their salaries; such salaries to be subjected to the approval, regulation or alteration of the common council. Visits to the SEC. 4. One or more of said guardians shall visit the school. school at least once in every two weeks, at which time the school, in all its departments, shall be examined. A record shall be regularly kept of such visits in the books of the superintendent. An annual report shall be made by the board of guardians to the common council on or before the 130 [CH. CITY CHARTER. 14.] REFORM SOHOOL. 131~~~~~~~ tenth day of April, exhibiting the condition of the school, and giving a detailed account of its affairs for the preceding year. SEC. 5. The superintendent, with such subordinate offi- Superinten dent's cers as the guardians shall appoint, shall have the charge duties. and custody of the children; he shall himself be a constant resident at the institution, and shall discipline, govern, instruct, employ, and use his best endeavors to reform the inmates, in such manner as, while preserving their health, will secure the formation, as far as possible, of moral and industrious habits, and regular and thorough progress and improvement in their studies, trades, and various employments. SEC. 6. The superintendent shall, under the direction Supettohane dent to have and control of the board, have charge of the lands, build- hadgebufldings, furniture, tools, implements, stock and provisions, and ings, etc. every other species of property pertaining to the institution, within the precincts thereof He shall, before he enters His bond. upon the duties of his office, give a bond to the city of Chicago, with sureties to be approved by the common council, in the sum of one thousand dollars, conditioned that he shall faithfully perform all the duties incumbent on him as such superintendent. He shall keep in suitable books, reg- To keep accounts. ular and complete accounts of all his receipts and expenditures, and a complete enumeration of all property intrusted to him. He shall also exhibit in said books the income, from whatever source, of said institution and school land; he shall account to the treasurer of the city, in such manner as the guardians may require, for all moneys received by him from the proceeds of the land, the work and labor of the inmates, or otherwise. His books, and all documents relating to the school, shall at all times be open to the inspection of the guardians, who shall, at least once in every three months, carefully examine the said books and accounts, and the vouchers and documents connected therewith, and make a record of the result of such examination, in books to be kept by said guardians. He shall keep a Register register, containing the name and age of each child, and the circumstances connected with his early history; and he shall add such facts as may come to his knowledge, relating 14.] 131 REFORM SCHOOL. 1'32 CITY OHABTIR. [OH. to the subsequent history of such children, while in the school, and after being discharged therefrom. He shall at all times be subject to removal by the board of guardians, and shall be governed by the rules and regulations they may establish. Appoint- SEC. 7. It shall be the duty of the mayor of the city of ment of conmeri.- Chicago, each year, on the application of the board of guardians of said reform school, to appoint some proper and discreet person, with the concurrence of said board, as commissioner, before whom all males within the ages pre scribed by law, shall be sent, before any police magistrate or justice of the peace shall sentence or order such male to be His duties. committed to the reform school. Such commissioner shall keep a true and perfect record of his doings in relation to all persons brought before him, and shall retain the same during his term of office, and at the expiration thereof, shall deliver the same, with all preceding records, to the city clerk, who shall, upon the appointment of a new commisCompensa- sioner, deliver the same to him. There shall be paid to tion. said commissioner such sum, from the reform school funds, as the board of guardians shall, from time to time, direct, and which shall not, in the aggregate, amount to more than one thousand dollars in.any one year. Commit-i SEC. 8. Whenever any police magistrate or justice of ments by potlictea masg-d thie peace within the city of Chicago, shall have brought justices of before him any male within the ages of six and sixteen the peace. years of age, who, he has reason to believe, is a vagrant, or destitute of proper parental care, or is growing up in men dicancy, ignorance, idleness or vice, he shall cause such person, together with the warrant on which he was arrested, and the list of witnesses which may be necessary to estab lish the situation and condition of such person, to be transExamina- mitted to said commissioner; and thereupon it shall be the tion by commisioner. duty of such commissioner to issue a summons or order in writing, addressed to the father of said person, if he be liv ing and resident within the city, and if not, then to his mother, if she be living and so resident, and if not, then to his lawful guardian, if any there be, resident within said city, and if, on examination, it shall appear that such boy has neither father, mother nor guardian, so resident, then to 132 [011. CITY CHARTER. 14.] REFORM SOHOOL. 133 the person with whom, according to the examination and testimony, if any, received by such commissioner, the said boy shall reside; and if there be no person with whom he steadily resides, the commissioner may, at his discretion, appoint some suitable person to act in his behalf, requiring himr or her, as the case may be, to appear before him, at such time and place as he shall in said summons or order appoint, and to show cause, if any there be, why the said boy shall not be committed to the reform school. And upon the appearance before him of the party named in said summons or order, or if, after due service had of the summons or order aforesaid, there shall be no such appearance, the said commissioner shall, upon the expiration of the time named in said summons or order for said appearance, proceed to examine said boy, and the party appearing in answer to said summons or order, if any such there be, and to take such testimony in relation to the case as may be produced before him; and in case it shall be proven to the satisfaction of the commissioner, by such examination, or by competent testimony, that said boy is a suitable subject for the reform school, and that his moral welfare and the good of society require that he should be sent to said school, for instruction, employment and reformation, he shall so decide, and shall thereupon certify his said opinion 8otnemand decision to said magistrate or justice of the peace, as report. near as may be, in the following words: To A. B., Esq., a Justice of the Peace: I hereby certify, that has been examined by me agreeably to the statute, and, upon competent evidence, proved to be a suitable person for commitment to the Reform School. C. D., Commissioner. And thereupon, said magistrate or justice of the peace Warrant t,f 0 ~~~~~~~~~comnmitshall commit such person to the reform school; and such mend commitment shall be by warrant in substance as follows: To any Sheriff, Constable or Police Officer within the City of Chicago: You are hereby commanded, to take charge of. a boy above the age of six and under the age of sixteen years, who has been found by competent evidence to be a suitable subject for commitment to the Reform School, and a proper object for its care, discipline and instruction, and to deliver said boy, with this warrant, without delay, to the superintendent 14.1 133 REFORM SCHOOL. 134 OITY OHARTER. [OH. or other officer in charge of said school, at the place where the same is established; and for so doing, this shall be your sufficient warrant. I J. P. Dated at the city of Chicago, in the county of Cook, this day of , A. D. 18-. But no variance from the preceding form shall be deemed material, provided it sufficiently appear, upon the face of the warrant, that the said boy is committed in exercise of the powers given by this act. And in case said commis sioner shall be of opinion, and shall decide and certify that such boy is not a proper subject for commitment to the reform school, he shall order such boy, with the warrant, to be transmitted back to such police magistrate or justice of the peace, who shall thereupon deal with him in the same manner he would have done, had he not been transmitted Powers of to or examined by said commissioner. And said commis,Oommissioner. sioner shall, in the performance of his duties under and by virtue of this act, be clothed with the powers of a justice of the peace, to compel the attendance of witnesses, and all other persons whose attendance and presence may be neces sary to enable him to fully investigate the situation of all persons who may be brought before him; and the police officers of said city shall be subject to his direction, and shall serve, when called upon for that purpose, any sum mons, order or warrant, issued by him. (omentmitby SEC. 9. Whenever any male under the age of sixteen m~nts by r,eOurt" years and over the age of six years, shall be convicted in record.8 any court having criminal jurisdiction in the county of Cook, of any offense punishable by fine or imprisonment, who, in the opinion of the court, would be a fit and proper subject for commitment to said reform school, such court shall make an order committing such boy to said reform school; and thereupon, it shall be the duty of said court, by warrant in due form of law, to commit such boy to said reform school; and all warrants shall designate the offense or complaint for which such commitment is made, and the age of the boy; but no warrant shall be held invalid for want of form, and the same may be served by the sheriff or any constable of Cook county, who shall execute the same, and deliver the boy or boys named in such warrant to the 134 [OH. CITY CHARTER. 14.] REFORM SCHOOL. 135 superintendent of the reform school, with the warrant, and for such services shall be paid the same fees as are now provided in case of the commitment of a criminal to the county jail, for an offense punishable by imprisonment therein: Provided, however, That such boys only shall be committed to said reform school, as in the opinion of the court, are in need of and will be benefited by the reformatory influence of said school, the said school being intended as an educational and reformatory institution, rather than as a prison or place of punishment. SEC. 10. Every boy above the age of six and under Boy.tiobe detained the age of sixteen, who shall be legally committed to said unti the age of 21. school, as herein before provided, shall be kept, disciplined, instructed, employed and governed, under the direction of the board of guardians of said school, until he be either reformed and discharged, or be bound out by said guardians, or until he shall have arrived at the age of twenty-one years; and said guardians are hereby clothed with the sole oGusdians only shall authority to discharge any boy or boys from said reform have power to discharge school, who have heretofore been or may hereafter be legally committed thereto; and such power shall rest solely with said board of guardians and with no other persons or body politic or corporate; but it shall be the duty of said board Boys found incorrigible, of guardians, and they shall have the power, to return any maybe returned to boy to the court, police justices or other authorities, order- committing court or ing or directing said boy to be committed, when, in the magistrate. judgment of said guardians, they may decree said boy an improper subject for their care and management, or who shall be found incorrigible, or whose continuance in the school they may deem prejudicial to the management and discipline thereof, or who, in their judgment, ought to be removed from such school for any cause; and in such case, said court, police justice or other authorities, shall have power, and are required, to proceed as they might have done, had they not ordered the commitment to such school. SEC. 11. Said guardians shall have power to bind out Boyd maybe hound out as all boys committed to their charge, for any term of time, apprentices. until they shall have arrived at the age of twenty-one years, as apprentices or servants, to any inhabitant of this State; and the said guardians and master or mistress, ap 14.] 135 REFORM SCHOOL. 136 OITY OHARTI~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~R. [OH.~~~~~~~~~~~~~~~~~~~~~~ prentice or servant, shall respectively have all the rights and privileges, and be subject to all the duties set forth by the statute laws of this State, relative to apprentices and guardians and wards; and shall have the same power as overseers of the poor, or mayor and aldermen, and the same clauses and provisions required to be inserted in the in dentures of apprentices, in such cases, shall be inserted in all indentures that may be executed by the said guardians. No person receiving such apprentice under the provisions of this act, shall transfer the indenture; and the said board of guardians shall have power in all cases, when, in their judgment, it shall be beneficial to the boy, to cancel such indentures of apprenticeship, for cruelty, negligence or other improper conduct, or for removal from the State, and leaket, of recover possession of the child apprenticed. Said guardians leave. shall also have power to permit such boys as they shall judge fit subjects for such treatment, to be placed out under the care of any proper person or persons in this State, on "tickets of leave," and such boys so placed out, may be kept and retained by such person or persons, during the pleasure of said board of guardians, and subject at all times to their control and regulation. Reh for SEC. 12. The board of guardians of said reform school school for girls. are hereby authorized, with the concurrence of the common council, to establish a branch reform school for girls under the age of sixteen years and over the age of six years; and for that purpose, to purchase such lands and erect such buildings thereon, as, in their judgment, are required; and such girls may, for the same causes, and by the same courts, and in the same manner, be committed to such branch reform school, as boys may be t.the reform school, and all statutes and ordinances relative to the power, management and control of said reform school by the board of guardians, are hereby made applicable to"'!aid branch reform school, and the same powers are delegated to and vested in them in relation to the same; and all ordinances and statutes regulating the powers of police magistrates, justices of the peace and other courts, and of the commissioner, shall, in all respects, be made applicable to girls under the age of sixteen and over the age of six years, where they are found 136 [OH. I)IT'Y CHARTER. CHICAGO WATER WORKS. destitute of proper parental care, or leading a vicious life, or are found in streets, highways or public places, in circumstances of want, suffering, neglect or exposure. SEC. 13. It shall be the duty of the board of guardians Annual estimate of to prepare and submit to the comptroller, on or before the expenses first day of May in every year, an estimate of the whole amount required to be raised by taxation, for providing for and maintaining the said reform school during the current fiscal year, which estimate shall be in detail, and shall be laid by said comptroller before the common council, with his annual estimate. The common council may revise said estimate; and the aggregate amount of the sums required after such revision, not exceeding the authorized per centage, shall be provided for in the general tax levy to be laid on said city. Said money, when collected, shall be paid Mone,ys raised, how into the city treasury, and shall be styled the reform school disbursed. fund, and shall be drawn out only in payment of bills approved by the board of guardians, on the warrant of the comptroller, countersigned by the president, or, in his absence, by the vice-president of said board, and the mayor. But this section shall not be construed as repealing any of the provisions of the act to incorporate the Roman Catholic Asylum of the diocese of the Catholic Bishop of Chicago. CHAPTER XV. CHICAGO WATER WORKS. SBCTION 1. Board of public works to have charge of the water works. 2. Board to consider all matters re f ig to the sufficient supply of pure water. 3. Power to construct reservoirs and lay pipes. 4. Board required to construct hydr. —'s for extinguishing fires. 5. Power to purchase and convey real estate. 6. Power to construct necessary build ings and machinery. T. Power to purchase books and charts, and to make surveys. 8. Power to enter upon lands to make surveys and construct works; to agree with owners upon the com pens ation to be paid for land taken. SaCTION 9. Mode of ascertaining damages in case of disagreement. 10. City authorized to construct aque ducts, pumping works and break waters. 11. Power to extend inlet pipes into the lake; to erect piers. 12. Board empowered to complete the issue of certain bonds heretofore authorized. 13. City authorized to borrow $500,000, for purposes pertaining to the sup ly of water; bonds to be issued; how issued. and by whom sold; water funds to be used exclusively for the water works. 14. Board desiring to issue bonds, shall make a report and estimate to the common council of the purposes for which the bonds are to be used; council to approve. 15.] i37 t ,,; "r -. I t 138 C'ITY CHARTER. [CH. SEcTION 15. Interest on bonds restricted to 7 per cent.: bonds not to be sold at less than par without consent of council. 16. Board to keep a register of all bonds issued. 17. Comptroller to keep a record of all bonds outstanding. 18. Interest on bonds to be paid by comp troller; also the principal when due; purchase of water loan bonds by the city: new bonds may be issued to pay those falling due. 19. Board to assess water rents on lots and buildings; assessment a lien. 20. Power to attach meters. 21. Record to be kept of all assessments. 22. Time of payment to be advertised; if not paid within 80 days,'10 per cent. may be added to assessments. 23. Collection of assessments; warrants to be issued; levy. 24. Commencing with 1864, assessment warrants shall be annually issued to city collector against lots assessed; proceedings thereon. 25. If assessments are omitted ornot col lected, they may be included in the next year's warrant. 26. Method provided for collecting all water rents unpaid May 1st, 1868. SECTION 27. Board to make rules and regulations concerning the use of water; com mon council to provide penalties for their violation; where rules are violated, the water supply may be stopped. 28. Connections may be made between water pipes and sewers; board may use water for cleansing the sewers. 29. Surplus revenue from water works, how it may be used; annual report to show amount of bonds and debts outstanding, amounts due, and all expenditures on account of the works. 80. Board to report to comptroller on the 1st of May, the amount required during the year, over and above the ordinary revenue, to pay interest and principal on water loan bonds; common council to raise the same by a special tax. 81. Temporary loans authorized in cer tain cases. 82. Accounts pertaining to water works to be kept separate; moneys depos ited with treasurer for said works to be kept as a special fund, and used for no other purpose. 83. Penalty for willful injury to water works property, or polluting the water. 84. Repealing clause. Board of publico SECTION 1. The board of public works of the city of wor'ks to have charge Chicago, shall have charge and superintendence of the of water O works. water works of said city. Boside allrd to SEC. 2. It shall be the duty of said board to examine matters tngo and consider all matters relative to supplying the city of relating to atery of Chicago with a sufficient quantity of pure and wholesome water, to be taken from lake Michigan, for the use of its inhabitants. Power to SEc. 3. Said board shall have power to construct resertreser orays voirs, jets, and public and private hydrants, and to lay etc. pipes in and through all the streets and alleys of said city, and also across all rivers and streams in the said city, and in the county of Cook, not interfering with the navigation of the same, and, with the consent of the common council of said city, to construct fountains in the public squares or such other public grounds of said city, as they shall deem expedient. fHydrants SEC. 4. It shall be the duty of said board to construct for extin- dt guishing ae.hin hydrants of sufficient size and capacity, and in such locali ties as they shall deem desirable, for the purpose of extin guishing fires. Powehrto SEC. 5. The said board shall have power to purchase, redetnatey hold and convey any personal and real estate, which may OCHICAGO WATER WORKS. be necessary and proper to carry out the intention and object of this chapter, but the title to all real estate purchased, shall be taken in the name of the city of Chicago; and no such purchase shall be made, without the approval of the common council being first had thereto. SEC. 6. Said board shall have the power, and it is Toconstruct buildings hereby made their duty, to purchase such lot or lots of land, and y 7' ~~~~~~~~~~~~~~~~machinery. subject to the approval of the common council, and to construct such buildings, machinery and fixtures, as shall be deemed necessary or desirable, to furnish a full supply of water for public and private use in said city. SEC. 7. Said board shall have power to purchase such To purch,aso books and books, charts and other works, as may be found necessary charts. or useful, and to cause such surveys to be made within said Tuo mrvyke ,surveys%. city and outside of its limits, as may be required for the objects of this chapter. SEC. 8. The said board are hereby authorized to enter To enter upon lands upon any land or water, for the purpose of making surveys, to makesr veys and or constructing any of the works authorized by this chap- oonskt-et worka. ter, and to agree with the owners of any property which may be required for the purposes of this act, as to the amount of compensation to be paid to such owner, for the property so To tgree I ~~~~~~~~with owners taken, or the amount of damages to be paid to such owner for land or owners, by reason of the construction of any of the damages. works hereby authorized; but no such agreement shall be binding upon said city, until first approved by the common council thereof. SEC. 9. In case of disagreement between the board and Mode of ascertaining the owners of property, which may, in the judgment of said damages ina case of dimaboard, be required for any of the purposes specified in this greement. chapter, as to the amount of compensation to be paid to such owners, or in case such owner shall be an infant, a married woman, or insane, or absent from this State, or in case of disagreement between the said board and any owner or owners of property, touching the amount of damages arising from the construction of any part of the work hereby authorized, the said board shall have the right to condemn said property, or to have the amount of such damages ascertained, or both; and the proceedings for the condemnation of such property, or the ascertainment of such damages, 15.1 139 140 CITY CHARTER. (CR. or both, shall conform, as nearly as may be, to those speci fied and provided for in the act entitled'-An Act to amend the law condemning the right of way for purposes of internal improvement," approved June 22, 1852, and the act or acts of which the same is an amendment Power to SEC. 10. The city of Chicago shall have the power to construct aqueducts, construct such aqueducts along the shore of lake Michigan, etc. or in the highways, or elsewhere in said Cook county, and to construct such pumping works, breakwaters, subsiding basins, filter beds and reservoirs, and to lay such water mains, and to make all other constructions in said county, as shall be necessary in obtaining from lake Michigan a sufficient and abundant supply of pure water for said city. To extend SEC. 11. Said city shall have the power to extend aqueinlet pipes into thee ducts or inlet pipes into lake Michigan, so far as may be lake,to erect piers, etc. deemed necessary to insure a supply of pure water, and to erect a pier or piers in the navigable waters of said lake, for the making, preserving, and working of said pipes or aqueducts: Provided, That such piers shall be furnished with a beacon light, which shall be lighted at all such seasons and hours as the light on the pier at the entrance of Chicago river. To completef SEC. 12. The board of public works are hereby emthe issue of beOrntdi. powered to issue all bonds now authorized to be issued under the law of this State, incorporating the Chicago City Hydraulic Company, approved February 15th, 1851, or the acts amendatory thereof, or under any law authorizing the issue of bonds for the construction of the water works for the said city of Chicago. iz to bor- SEC. 13. For such expenditures, pertaining to the supforww$a500ter ply of water to the said city as are hereby authorized, the forkwte~.1 works. said city shall have power to borrow, from time to time, as the board of public works and the common council of said city shall deem expedient, a sum of money not exceeding Bonds may five hundred thousand dollars; and said board shall have be issued. power, by and with the approval of the common council, to issue bonds, pledging the faith and credit of said city, for the payment of the principal and interest of said bonds; but no bonds shall be issued, until the common council shall have approved of such issue, by a vote of a majority 140 [CH. CITY CHARTER. 15.] OHIOAGO WATER WORKS. 141 of all the aldermen by law authorized to be elected; and all bonds issued by the said board, before they shall be binding upon said city, shall be marked "approved" by the mayor and clerk of said city, under the seal of said city, and such signature and seal shall be conclusive evidence to the holder of said bonds, of the fact of such approval: Provided, That all sales of water loan bonds which may be Bo,nd Yto be sold by issued by said board, shall be made only by the comptrol- comptroller. ler of said city, who, on making such sales, shall deposit the proceeds thereof with the city treasurer, to the credit of the water fund, and shall file with the said board a duplicate receipt of the said treasurer, for the amount of such deposit: Provided, also, That all funds derived from the sale of said water loan bonds, or from water rents, or other- Wateerflnds I ~~~~~~~~~~to be used wise, for the water works of said city, shall be exclusively only for water works used and appropriated by said board, to the objects and purposes pertaining to the water supply of said city, herein specified, nor shall the same, or any part thereof, be used by the said board, or by the said city, for any other purpose. SEC. 14 It shall be the duty of the said board, at any Bogard deseir ing to is~sue time when they shall desire to make an issue of bonds, as bonds, s1hall reiportthe herein authorized, to make a report to the common council, object to council. setting forth the nature and amount of the work proposed to be executed, and the amount which will be required by them for such purpose, within a period to be stated in said report; which report shall be accompanied by an estimate of the cost of the things required to be purchased, and of the work to be done; and the common council may there- co.ncil to approve. upon approve the issue of the whole amount of bonds called for by such report, or such part thereof as the said common council may deem expedient. SEC. 15. The said bonds shall bear interest at a rate rnotedrtont bonds limitnot exceeding seven per cent. per annum, and shall not be ed to I per cent. sold at a rate which will net to the said board less than their par value, unless the common council of said city shall, by a vote of a majority of all the aldermen elected, authorize the comptroller of said city to sell the same at a lower rate, and then only at such rate as shall be fixed by said council: Provided, however, That reasonable commis 15.] 141 CHIOAGO WATER WORKS. 142 CITY CHARTER. LCH. sions to brokers or agents employed in procuring the sale or negotiation of said bonds, may be paid by said comp troller. Board to. SEC. 16. It shall be the duty of the said board to keep keep a registber of allued an accurate register of all bonds, and all interest coupons, bonds issued g issued for the construction of said water works, showing the number, date and amount of each bond and coupon, and to whom issued or sold, and when and where payable, and the particular bonds at any time outstanding. Comptroller SEC. 17. It shall be the duty of the comptroller of the to keep a record of city of Chicago to keep such a record of all bonds, now or outstanding bonds. hereafter to be issued for the water supply of said city, as shall at all times exhibit the number and amount of such bonds outstanding, the rate of interest, and when and where the principal and interest are payable. Payments of SEC. 18. It shall be the duty of the comptroller of said interest and rincipal to city to pay the interest on said water loan bonds, and also be made by comptroller. the principal, as the bonds shall become due. The said comptroller, when there are funds for that purpose, may, with the approval of said board, purchase any such water loan bonds, whether the same have become due or not; and in case there are not sufficient water funds in the treasury ew bonds of said city to meet all of the said bonds when the same may be issued to shall become due, the said board shall have the right to pay those falling due. issue new bonds, in the same manner as herein before pro vided, for such amount, and on such time, as the said board and the common council shall deem expedient, in the place of the bonds so becoming due as aforesaid; the said old bonds to be canceled in the registry thereof, and the said new bonds to be recorded in the manner herein before pro vided. Board to SEC. 19. The said board of public works shall, from assess water rents on lots time to time, assess as water rents or assessments, such and buildings. amounts as they shall deem equitable, on any lots of land which shall abut or adjoin any street, avenue or alley in said city, through which the distributing pipes of the water works of said city are, or may hereafter be laid, which shall have a building or buildings thereon, which can be conve niently supplied with water from the said pipes; the said assessment shall be on the said lots and on the building or [CH. 142 CITY CHARTER. 15.] OHIOGO WATER WORKS. 143 buildings thereon, whether the water from the water works of said city shall be used in such building or buildings, or on such lot, or not; and the said assessment shall be and As88esment become a continuing lien or charge upon all such lots, and the building or buildings situated thereon. SEC. 20. The said board shall have power to attach Power to attach meters to any premises using water, to enable them to de- mete. termine the amount to be assessed against such premises; and assessments so from time to time made, shall be a charge and lien on the lot and building or buildings situated thereon, as in the case of assessments otherwise levied, and be collected in the same mnanner as herein provided for other water assessments. SEC. 21. An accurate record of all water rents or assess- Record of assessments ments shall be kept by said board, which shall be subject to inspection. SEC. 22. Ten days prior to the day designated by the Timeofpay y ~~~~~~ment to be board for the semi-annual or other periodical payment of advertised. the water assessment, they shall advertise in the corporation newspaper of said city, or if there be no corporation newspaper, then in some other newspaper in said city, that the said water assessments will at such time become due and payable; and if such assessments are not paid within If not paid within 30 thirty days from the day fixed as above for their payment, deanys, 10 per cent. may then the said board shall have power to add to such assess- beadded. ment an amount not exceeding ten per cent. thereof; and on premises assessed, but not supplied with water, the said board may make a discount on the assessment, if the same be paid within periods to be fixed by the board. SEC. 23. It shall be the duty of the said board to col- collection of assesslect the water rents and assessments so assessed; and in ments;war rants to be case the payment thereof shall be neglected or refused, for iasued thirty days after the time fixed for the payment of the same, as herein before provided, then the said board may issue their warrants, under the corporate seal, and attested by the city clerk, directed to any constable of said city, commanding him to make the amount specified in such warrant, being the whole amount due at the date of the issue of such warrant, for water rents or assessments, as aforesaid, together with the costs of advertising the same, and such 15.] 143 OHIO A.GO WATER WORKS. 144 CITY CHARTER. [CH.~~~~~~~ fees as constables are entitled to, by the laws of this State, in the levy and sale of personal property upon execution, out of goods and chattels of the owner or owners of the lots and buildings so assessed, or of the owner or owners either of the lots, or of the building or buildings thereon, if the lot and building are not owned by the same person Levy. or persons; and the constable, in such case, shall levy under such warrant, upon any personal property of the person or persons against whom the same is issued, and shall sell the same at public auction, after giving ten days' notice of the time and place of sale, in some newspaper published in said city. Asassment SEC. 24. Commencing with the year 1864, and annually warrants to be a thereafter, on or before the last day of October, the said annually to city col board shall issue a warrant or warrants, under the corporate seal, and attested by the city clerk, directed to the city col lector, (charging him with the amount collectible thereon, and taking his receipt therefor,) commanding him to make the amounts set against the several lots or parcels of land described in said warrant, being the amount of water rents or assessments which shall remain unpaid on said lots, for the year ending May first, next preceding the time of the issue of such warrants, out of the goods and chattels of the Proeedings respective owners of said lots of land; and the same prothereon. ceedings shall thereupon be taken with reference to said warrants, as with warrants issued by said city for the col lection of assessments for the filling, grading or paving of streets; and they shall have the same force and effect, excepting, that the said collector shall pay over the amounts collected by him to the said board of public works; and and if any lots of land be struck off to the said city, at the sale for such water rents or assessments, as is provided in the case of other taxes or assessments, the certificates of the sale thereof shall be issued to the said board of public works, and shall be held by them, for the use and benefit of the water works of said city. Said board shall have the same rights, under such certificates, as other purchasers at tax or assessment sales, and said certificates shall be assignable, by the indorsement of the president of said board. Said warrants for the collection of water assess 144 [oA. CITY CHARTER. HOICAGO WATER WORKS. ments, when issued to the said city collector, shall have the same force and effect as warrants issued to the said collector by said city, for t]e assessments for filling, grading or paving streets; like powers, rights and duties being hereby conferred and imposed upon the said city collector, and on all parties interested, except as provided in this section: Provided, however, That nothing in this section contained shall be so construed as to prevent said board from resorting to any other method for the collection of water rents and assessments, which may be authorized in this chapter. SEC. 25. If, in the issue of the said warrants to the said A.8e', ments city collector for any one year, the assessments against any omitted or not c011eG. ed, to be lot or lots should be omitted therefrom, or if, from any insetd i cause, the assessments on any lots should not be collectednweaxrtraYn under such warrants, the said board may, in their warrants to be issued the next year to the city collector, include such back assessments; or the amounts with which such lots are chargeable, may be collected out of the personal property of the owners of the lots, or of the buildings, as is herein before provided, by the issue of the warrants of the board to any constable in said city. SEC. 26. For the collection of all water rents or assess Method of collecting ments, remaining unpaid on the first day of May, A. D. uwater rents unpaid May 1863, the said board may issue their warrants, as is pro- lat. 1868i. vided in section twenty-three of this chapter; and such warrants shall authorize the sale of any house or building on which any lien shall have attached, by reason of such water rent or assessment, if the building and lot on which the same is situated, are owned by different persons; or, if the building, and lot on which it is situated, against which such water rent is assessed, are owned by the same person, the said board may, as soon after the first day of May, A. D. 1863, as shall be practicable, report to the common council of said city, the lots on which there shall remain unpaid such water rents or assessments; and the common council shall, thereupon, take the same proceedings for the collection of such water rents or assessments, as are provided in this act for the collection of assessments for the repair of sidewalks; but any amount, collected under these proceedings, shall be paid over to said board; and cer 10 15.} 145 146 CITY CHARTER. tificates of sale of lots struck off to the city, shall be issued, as provided in the twenty-fourth section of this chapter. Board to SEC. 27. It shall be the duty of thie board to make all make regulations needful rules and regulations concerning the use of water ,concerning useofwater. supplied by the water works of said city, which regulations shall be printed in the water permits issued by said board, and, if rules and regulations are needed, other than what are now provided for in the ordinances of said city, it shall be the duty of the board to report to the common council the regulations which shall be adopted by them to provide Commoln for such necessity, and the common council shall, thereupon, council to Vernidefr pass an ordinance establishing such rules and regulations, penalItiesf~ pasn orda their eirolation. and providing penalties for their violation, which penalties may be enforced in any court having jurisdiction of any offenses against any of the ordinances of said city. In all When rules cases where said rules are not complied with, the said board are not compliedter shall have the right to stop or cut off the supply of water with, water may be shut from premises where compliance with such rules is refused off. or neglected; and the shutting off of the water from such premises shall not make void the assessment thereon, but they shall be held for the assessment, as in the case of lots which are not supplied with water, but which abut upon a street or alley wherethe water pipe is laid. Board may SEC. 28. The said board are empowered to make conuse the Wvater to nections between the water pipes and sewers of said city, cleanse sewers. and to furnish such amount of water, for the purpose of cleaning out such sewers, as shall be required, so faras the water can be conveniently supplied by the water works of said city, without lessening the supply needed for the use of its inhabitants. Surplus SEC. 29. If there shall be an annual income or revenue 'evenue from w ter in any way, from the water works of said city, greater than works, how to be used. is needed to pay the interest of the bonds issued for their construction, and to pay the current expenses of the works, and for maintaining them in thorough repair, then the said board shall have the power to direct such excess of revenue to be used in the purchase of the outstanding water loan bonds, or in making such additions to the water works of said city as shall have been approved by the common coun cil, or to direct such surplus funds to be invested in the 146 [011. CITY CHARTER. 15.] CHICAGO WATER WORKS. 14 purchase of other bonds of the city of Chicago. The Annutlt report to annual report of said board shall specify, in full, what howut amount of amount of surplus funds shall have been invested, and the bonads and debts nature and amount of the respective securities held by them. outstanding, The annual report of said board shall also show the amount of water loan bonds outstanding, and all debts outstanding on account of the water works, and tle amounts due from parties to the city, for the water works, and shall accurately and clearly exhibit all the expenditures of the said board, on account of the same, which statement shall be certified by the commissioners of said board, under oath. SEC. 30. It shall be the duty of the said board, on or Boardto report to before the first day of May, in each year, to report to the comptroller amount of comptroller what, if any, sum will be needed by said board, tax ee88,. Y, ~~~~~~~~~~~~ry to be over and above the revenue of said water works, to meet raisedy the payment of interest or principal of the said water loan bonds, which said report shall be laid, by the comptroller, before the common council, with his annual estimate; and it shall be the duty of the common council to raise said amount, if approved by them, by a special tax, in the same manner as general taxes, to be designated water tax, or in such other way as the said common council shall direct, and the said amount shall be paid over'to the city treasurer, to be applied to the payment of the interest or principal of the water loan bonds. SEC. 31. The said board shall have power to authorize Temporary loans the comptroller of said city, to raise, by temporary loan, iautcheoriazed in certain upon the credit of said city of Chicago, with the approval ca~eof the common council, such sums of money as may be needed for the payment of the interest on the said bonds, or the outstanding obligations of the said city, on account of the water works, and for which there shall be no funds in the hands of the treasurer of the said city; but, in all cases, such temporary loans shall be provided for out of the first revenue received from the water works into the city treasury. SEC. 32. All accounts pertaining to the water works of Water, ~ ~ works said city, shall be kept separate and distinct from the'o,letoto be kept accounts pertaining to other departments of said board; and separate.all moneys deposited with the city treasurer on account of 14,' 15.] CHICAGO- WATER WORKS. 148 CITY CHARTER. ECH. Water funds the water works, shall be by him kept separate and distinct to be used forno other from all other moneys, as the water fund, and shall only be purpose. applied for the uses and purposes for which the same were received; and such moneys shall be held by the treasurer of the city as a special fund, separate and distinct from other funds; and he shall be deemed guilty of embezzle ment if he shall pay out such moneys for any account other than that belonging to such water fund, and shall be liable to indictment for so doing. Peonalty for SEC. 33. If any person shall willfully do, or cause to be willful injury to done, any act whereby any work, material or property property of water works whatever, constructed, provided or used within the city of or polluting the water. Chicago, or elsewhere, by the said board, or by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be in jured, or if any person shall willfully pollute the water, such person shall be subject to indictment, and upon con viction thereof, shall be punished by fine not exceding one thousand dollars, or imprisonment not exceeding six months, or both, in the discretion of the court. Repealing SEC. 34. All acts or parts of acts, inconsistent with the lause. provisions of this chapter, are hereby repealed. CHAPTER XVI. CHICAGO SEWERAGE WORKS. SiCTION 1. Board of public works to have charge of sewerage works. 2. Board to consider all matters in re lation to drainage. 8. Power to purchase books and charts, and to make surveys. 4. Power to construct reservoirs and lay sewers. 6. Power to construct canals or sewers connecting the river and its branch es with the lake; to construct dams and pumping works. 6. Power to purchase and convey real estate. T. Power to enter upon land to make surveys and construct works; to agree with owners upon compensa tion to be paid for land taken. 8. Mode of ascertaining damages in case of disagreement. SECTION 9. Board to report to common council what changes are necessary in the grade of streets; council may es tablish and alter grades; street gutters may be so laid as to remove the surface water. 10. Sewers may be so constructed as to furnish proper connections with private drains; the additional costs to be assessed on lots benefited. 11. Cost of private drains to be a special charge on lots benefited. 12. Board to prescribe location and con struction of private drains which connect with the public sewers. 1. Board to cause private drains to be laid, communicating with the sew ers, from every lot requiring it; may enter upon any lot for this pur pose. [CH.. 148 CITY CIE[ARTER. 16.] CHICAGO SEWERAGE WORKS. 149' ZsiTION 14. Board may regulate the construction and cleansing of privies and cess pools. 15. Board empowered to complete the issue of certain bonds heretofore authorized. 16. City authorized to borrow $500,000, for sewerage purposes; bonds to be issued; how issued, and by whom sold; sewerage funds to be used ex clusively for sewerage purposes. 17. Board desiring to issue bonds, shall make a report and estimate to the common council of the purposes for which the bonds are to be used; council may approve. 18. Interest on bonds restricted to 7 per cent.; bonds not to be sold at less than par without consent of council. 19. Board to keep a register of all bonds issued. 20. Comptroller to keep a record of all bonds outstanding. 21. Interest on bonds to be paid by comptroller; also the principal when due; purchase of sewerage bonds by the city; new bonds may be issued to pay those falling due. 22. Board to report to comptroller on the 1st of May the amount re quired to pay interest on outstand ing bonds. 28. Board to report, at same time, the amount required for sinking fund. SEICTION 24. Board to report, at same time, the amount required for salaries, inci dental expenses, and cleaning and repairing sewers. 25. The amount reported under last three sections to be raised by tax; treasurer to report monthly to board of public works the amount of sewerage tax collected. 26. Sinking fund to be invested in pur chase of sewerage bonds or other bonds of the city; to be used for no other purpose than the liquida tion of said bonds annual report to specify the securities in which said fund is invested; also the pro gress and condition of sewerage works, amount of bonds and debts outstanding, amounts due, and all expenditures on account of the works. 27. Temporary loans authorized in cer tain cases. 28. Accounts pertaining to sewerage works to be kept separate; mon eys deposited with treasurer on ac count of said works to be applied only for sewerage purposes, 29. Penalty for willful injury to sewers. 30. Board to make regulations concern ing the public sewers; common council to provide penalties for their violation. 81. Provisions relating to sinking fund to be deemed as part of the contract with parties purchasing bonds. 82. Repealing clause. SECTION 1. The board of public works of the city of Board of public Chicago, shall have charge and superintendence of the works to have chargs sewers of said city, and of all works pertaining thereto. of sewerage works. SEC. 2. It shall be the duty of the said board to exam- Board to consider all ine and consider all matters relative to the thorough, sys- matters in relation to tematic and effectual drainage of the city of Chicago, not drainage. only of surface water and filth, but also of the soil on which said city is situated, to a sufficient depth to secure dryness in cellars, and entire freedom from stagnant water, and in such manner as best to promote the healthfulness of said city. SEC. 3. The said board shall have power to purchase Power to purckhase such books, charts and other works, as may be found ooks and as ~~~~~~charts. necessary or useful, and to cause such surveys to be made To make. within said city, and outside of its limits, as may be required in carrying out the objects of this chapter. SEC. 4. The said board shall have power to construct Ttcotnreservoirs, and to lay sewers or drains in and through all aendrv irs the alleys and streets of the said city, and in any highway sewers, in Cook county, and also across all rivers and streams, not interfering with the navigation of the same, and through 150 CITY CHARTER. [OH. any or all breakwaters into lake Michigan, whether within the limits of said city or not. To con- SEC. 5. The said board are hereby empowered, with the struct cana approval of the common council of said city, to construct connecting river andits canals or sewers connecting lake Michigan with Chicago branches with the river or its branches, and such other canals, ditches, dams, lake. To build Ta bsild sewers, embankments, reservoirs, pumping works or other dams, works tc works, and such buildings, machinery and fixtures, as they may find necessary or useful for the carrying out of the purpose of this chapter, whether the same are made within or without the limits of said city. To purchase SEC. 6. The said board shall have power to purchase, and convey real estate. hold and convey any personal and real estate, which may be necessary and proper to carry out the intention and objects of this chapter, but the title to all real estate pur chased, shall be taken in the name of the city of Chicago, and no such purchase shall be made without the approval of the common council being first had thereto. Tpoenlandto SEc. 7. The said board are hereby authorized to enter make surveys and Upon any land or water, for the purpose of making surveys, construct work. or constructing any of the works authorized by this act, T and to agree and to with the owners of any property which may witis owners agean ma fo)r land b eurd proeat fd amd be required for the purpose of this act, as to the amount of dam ages. compensation to be paid to such owners for the property so taken, or the amount of damages to be paid to such owner or owners, by reason of the construction of any of the works hereby authorized, but no such agreement shall be binding on said city, until first approved by the common council thereof. M')e ofr SEC. 8. In case of disagreement between the board and ascertaining .las,agd isa the owners of the property, which may, in the judgment of EL-as odisa- p greement. said board, be required for any of the purposes specified in this chapter, as to the amount of compensation to be paid to such owners, or in case such owner shall be an infant, a married woman, or insane, or absent from this State, or in case of disagreement between the said board and any owner or owners of property, touching the amount of damages arising from the construction of any part of the work hereby authorized, the said board shall have the right to condemn said property, or to have the amount of such [CH. 150 CITY CHARTER. CHIOAGO SEWERAGE WORKS. damages ascertained, or both; and the proceedings for the condemnation of such property, or the ascertainment of such damages, or both, shall conform, as nearly as may be, to those specified and provided in the act entitled "An Act to amend the law condemning right of way, for purposes of internal improvement," approved June 22, 1852, and the act or acts of which the same is an amendment. (Further provision for condemnation, Sec. 18, post, 183.) SEc. 9. It is hereby made the duty of the said board to Board to report to report to the common council what grade or changes of cmmon council grade, of the streets and alleys of said city, are necessary, nbeessary changes in to secure their thorough drainage and sewerage, as is con- grade of streets. templated by this chapter; and the common council may thereupon by ordinance establish or alter such grades. The Street gut ters may be said board may make such arrangements or alterations of so laid as to remove surthe gutters along the streets and alleys, included in those face water. parts of the city, the drainage from which can be conveniently introduced into the sewers, as shall be necessary to cause a rapid and effectual removal of the surface water from the same; and to this end, may enter upon, use and obstruct the said streets for such time as may be necessary to effect said object. SEc. 10. The said board, while constructing the said hSewers may .. z. a, be so condrains or sewers, as herein provided, may construct such structed as to furnish additions to the same as they shall deem expedient, to proper connections furnish the proper plans of connection with the private with private drains. drains or sewers to be thereafter constructed; and the cost of such additions may be charged and assessed as a part of Additional costs, how the expense of said private drains or sewers connecting defrayed. therewith, when such private drains or sewers shall be con structed, and shall be chargeable to the lot or lots for the benefit of which the same are constructed, and collected in the same manner as herein before in this act provided for the collection of the costs of such private drains or sewers. SEC. 11. The cost of -the private drains and sewers, costof private connecting the respective lots in said city with the public drains 1.chargeable sewers, shall not be included in the cost of the general plan to lot,sd of sewerage, but the same shall be a special charge upon the lot or lots for whose benefit such private drain or sewer 16.] 151 452 GITY OHARTR. [OH. shall be constructed, and shall be collected as herein before in this act provided. Board to SEC. 12. It shall be the duty of said board to prescribe prescribe location nd t he location, arrangement, form, material and construction construction of iivate of every private drain or sewer emptying into the said pub drarn.rlv lie drains or sewers, and to determine the manner and plan of such connection; and the work of constructing the same shall be, in all cases, subject to the superintendence and control of the said board, and shall be executed strictly in compliance with their orders. Board to cause pri-o SEC. 13. It shall be the duty of the said board to convate drains to be laid struct or provide for the construction of private drains or from every lot, if sewers, to communicate with the public drains or sewers, aeeded. from every lot in the said city, which in their judgment requires it; and whenever the said board, by virtue of this act, are authorized to construct any such private drain or sewer, it shall be lawful for the said board, or their agents, to enter upon any of said lots and to construct thereon such drain or sewer and for that purpose, to have free ingress and egress upon said lot or lots, with men and teams, and to deposit all the necessary building materials, and generally to do and perform all things necessary to a complete exe cution of the work. To regulate SEC. 14. The said board shall have power to regulate construction Z of rtvies the construction of privies, and the manner of cleaning the and cesspools. same, and to construct and regulate the construction of cess-pools, and provide for the draining of privies and cess pools; and like notices shall be served, so far as may be, and like proceedings had, and like measures taken for col lecting the cost and expense, as is herein before in this act provided in the case of repairs of sidewalks. To complete SEC. 15. The said board of public works are hereby the issue of certain empowered to issue all bonds, now authorized to be issued bonds. under the law of this State, incorporating a board of sew erage commissioners for the city of Chicago, approved February 14th, 1855, and under an act in addition to the same, approved February 14th, 1859. city author- SEC. 16. For the carrying out of the purposes and obIzed to oo$500,000, for jects of this chapter, the said city shall have power to borew er age seeaerow~, from time to time, as the board of public works and works. i52 [Ca. CITY CHARTER. CHICAGO SEWERAGE WORKS. the common council of said city shall deem expedient, a sum of money not exceeding five hundred thousand dollars, upon the credit of said city of Chicago; and said board shall have power, by and with the approval of the common council, to issue bonds pledging the faith and credit of said Boends my, be issued. city, for the payment of the principal and interest of the said bonds; but no bonds shall be issued until the common council shall have approved of such issue, by a vote of a majority of all the aldermen by law authorized to be elected; and all bonds issued by said board, before they shall be binding upon said city, shall be marked "approved," by the mayor and clerk of said city, under the seal of said city, and such signature and seal shall be conclusive evi dence to the holder of said bonds, of the fact of such approval: Provided, That all sales of sewerage loan bonds, Bonld to be sold by which may be issued by said board, shall be made only by comptroller. the comptroller of said city, who, on making such sales, shall deposit the proceeds thereof with the city treasurer, to the credit of the sewerage fund, and shall file with the said board a duplicate receipt of the said treasurer for the amount of such deposit: Provided, also, That all funds de- Sewerge,g funds to be rived from the sale of the sewerage loan bonds of said usedalyfor sewerage board, or otherwise, for the sewerage works of said city, purposes. shall be exclusively used and appropriated by said board, to the objects and purposes pertaining to the sewerage of said city, herein specified; nor shall the same, or any part thereof, be used by the said board for any other purpose. (Further provision for borrowing and issuing bonds, Sec. 13, post, 181.) SEC. 17. It shall be the duty of the said board, at any Bo,ad desir-e bg to issue time when they shall desire to make an issue of bonds, asbon r batt asreport toe herein authorized, to make a report to the common council, object to council. setting forth the nature and amount of work proposed to be executed, and the amount which will be required by them for such purposes, within a period to be stated by them in said report; which report shall be accompanied by an estimate of the cost of the things required to be purchased, and of the work to be done; and the common council may council to thereupon approveteissuefthewhoeamount of bo approve. thereupon approve the issue of the whole amount of bonds 16.] 163 154 CITY CHARTER. [OH. called for by such report, or such part thereof as the com mon council may deem expedient. Interest on SEC. 18. The said bonds shall bear interest not exceedbonds lmited to ing seven per cent. per annum, and shall not be sold at a ? per cent. rate which will net to the said board less than their par value, unless the common council of said city shall, by a vote of a majority of all the aldermen elected, authorize the comptroller of said city to sell the same at a lower rate, and then only at such rate as shall be fixed by said council: Provided, however, That reasonable commissions to brokers or agents employed in procuring the sale or negotiation of said bonds, may be paid by said comptroller. B3olar to Bkeepd ta regis- SEc. 19. It shall be the duty of the said board to keep ter of all bondsfisued an accurate register of all bonds and all interest coupons, issued for the construction of said sewerage works, showing the number, date and amount of each bond and coupon, and to whom issued or sold, and when and where payable, and the particular bonds at any time outstanding. Comptroller SEC. 20. It shall be the duty of the comptroller of the to keep a record o city of Chicago to keep such a record of all bonds, now or outstanding bond'%. hereafter to be issued for the sewerage of said city, as shall at all times exhibit the number and amount of such bonds outstanding, the rate of interest, and when and where the principal and interest are payable. Payments of SEC. 21. It shall be the duty of the comptroller of said Interest and Principal to city to pay the interest on said sewerage loan bonds, and e made by comptroller. also the principal, as the bonds shall become due. The said comptroller, when there are funds for that purpose, may, with the approval of the said board, purchase any such sewerage loan bonds, whether the same have become due or Neay bonds not; and in case there are not sufficient sewerage funds in may be ,.Sud to Isued to the treasury of said city to meet all of the said bonds, when pythose ,ag due. the same shall become due, the said board shall have the right to issue new bonds, in the same manner as herein before provided, for such amount and on such time as the said board and the common council of said city shall deem expedient, in the place of bonds so becoming due as afore said; the said old bonds to be canceled in the registry thereof, and the said new bonds to be recorded in the man ner herein before provide& 154 [on. CITY CHARTER. 16.] CHIOAGO SEWERAGE WORKS. 155 SEC. 22. It shall be the duty of the board to report to epoard to report to the comptroller, on or before the first day of May in each comptroller amount year, the amount which will be required to be raised for the reqnuired to annually to municipal year next ensuing, to meet the payment of in- pay tntereet terest to accrue during said year on all the bonds theretofore issued, or which are, during said year, to be issued, for the sewerage of the said city. SEC. 23. It shall be the duty of the said board, further To report amount to report to the comptroller, at the time named in said last bne-e"aer to be raised for section, such amount as they shall, upon calculation, find siukingfund necessary, in order to provide a sinking fund for the liquidation of the bonds, so issued as aforesaid, at the maturity thereof: Provided, That the amount to be raised for such sinking fund shall not exceed two per cent. of the amount of bonds theretofore issued, and which are, during said year, to be issued for the sewerage of said city. SEc. 24. The said board shall, at the same time, also Tou reprt report to the comptroller, the sum which will be by them saelqauireedanfodr required to pay salaries and incidental expenses, and for the maintii ~ ~~~~~~sewers, etc. cleaning and repairing, and for the proper maintenance of the sewers of said city. The reports required in this and the two preceding sections, shall be laid by said comptroller before the common council, with his annual estimate. A mountre SEC. 25. The amount which shall be so reported to the quired,to be S,raised by common council, as provided in said last three sections, tardb shall be raised by the said common council, by a special tax on the property of the city, to be designated sewerage tax, which shall be collected in like manner with the other taxes of said city; and the amounts so collected shall be Treasurerto y ~~~~~~~~~~~~~~~report paid over by the collector of said city to the city treasurer, monthly y ~~~to board, who, at the end of each month, shall report to the board of aemount of sewerage public works the amount of the sewerage tax paid over to taoxllectd. him during such month. SEc. 26. It shall be the duty of the said board to di- sinking fund, how rect the comptroller of said city to invest the amount here- invested. tofore raised, or hereafter to be raised, to provide a sinking fund for the liquidation of said bonds, and such investment shall be by the purchase of said bonds, or other bonds of the city of Chicago; and in like manner to invest the interest received on such last mentioned bonds, and to invest 16.] 155 CHICAGO SEWERAGE WORKS. 15 IYCARE.[H and re-invest said sinking fuind, and all proceeds thereof, in such manner as to make the same available for the liqui dation of the said bonds. All such investments shall be made in the name of the said city, and shall be designated as the sewerage sinking fund, and shall in no case be used or appropriated for any other purpose whatsoever, than the Areport. liquidation of the said bonds. The annual report of said board shall specify in full the nature and amount of the respective securities in which the said sinking fund is in vested. The annual report of said board shall state the progress and condition of the sewerage works, shall also show the amount of sewerage loan bonds outstanding, and all debts outstanding on account of the sewerage works, and the amount due from parties to the city for the sewer age works, and shall accurately and clearly exhibit all the expenditures of the said board on account of the same; which financial statement shall be certified by the commis sioners of said board, under oath. Teamporarut SEc. 27. The said board shall have power to authorize razed er-tho rtuises. the comptroller of said city to raise, by temporary loan, upon the credit of said city of Chicago, with the approval of the common council, such sums of money as may be needed for the payment of the interest on the said bonds, or the outstanding obligations of the said city on account of the sewerage works, and for which there shall be no funds in the hands of the treasurer of the said city; but in all cases, such temporary loans shall be provided for out of the first sewerage tax, or other revenues on account of the sewerage works, received into the city treasury. eournatgs to SE6. 28. All accounts pertaining to the sewerage works be kept bseparate. of said city, shall be kept separate and distinct from the accounts pertaining to other departments of said board; Sewerage and all moneys deposited with the city treasurer, on account fuseds tor no uted for no of the sewerage works, shall be by him kept separate and purpoes distinct from all other moneys, as the sewerage fund, and shall only be applied for the uses and purposes for which the same were received. P1n1aflt1Y for SEc. 29. If any person shall willfully or maliciously injwery.to obstruct, damage or injure any public or private sewer or drain in said city, or willfully injure any of the materials 156 [CH. CITY CHA.RTER. MISCELLANEOUS AND SUPPLEMENTARY. employed, provided or used in said city for the purposes specified in this act, he shall be subject to indictment, and upon conviction thereof, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both, in the discretion of the court. SEc. 30. It shall be the duty of the board to make all Board to make necessary rules, regulations and restrictions concerning the rceoleartionns concerning public and private sewers or drains of said city, and to re- sewers port to the common council the regulations which shall be adopted by them; and the common council shall, there- commioon council to upon, pass an ordinance, establishing such rules and regu- prvidfe Penlations, and providing penalties for their violation; which their violation. penalties may be enforced in any court having jurisdiction of any offenses against any of the ordinances of said city. SEC. 31. The provisions herein before contained, for the Sinking fund provi. establishment of a sinking fund, shall be deemed and taken dinsed deemed as a part of the contract with the parties purchasing said part oft bonds, and shall not be repealed or modified, so as in any wihth pro-f manner to impair the security thereby afforded to the said bond,. bond holders. SEC. 32. All acts or parts of acts, inconsistent with the Rspeal,ng clause. provisions of this chapter, are hereby repealed. (Further provisions for cleansing river, Sees. 11 to 18, post, 180 to 184, and Act of February 16, 1865, post, 206 to 208.) CHAPTEPB XVII. MISCELLANEOUS AND SUPPLEMENTARY. SEorION 1. Ordinances imposing penalties to be published six days, before taking effect. 2. Ordinances to continue in force. S. All actions and rights preserved. 4. Rights of property vested in the cor poration; officers to continue until superseded. 5. No act invalidated or right divested by reason of this act. 6. No person incompetent to act as judge, witness or juror because an inhabitant of the city.' 7. Powers of conservators of the peace. 8. Cemetery lots exempt from levy and attachment. 9. Criminals convicted in recorder's court may be sentenced to bride well, instead of county jail. SEOTION 10. City not liable for board or jail fees of persons committed to county jaiL 11. City not required to furnish an ap peal bond or affidavit of merits n any suit; execution not to be issued against the city. 12. Ordinances when published byau thority, shall be evidence without proof. 18. This act a public act; courts to take judicial notice of it. 14. Certain acts respecting wharfing privileges in Chicago, continued in force. 15. Board of claims commissioners abol ished. 16. Special provision concerning first election of aldermen under this sot. 17.1 157 0 158 OITY CHARTER. [OH. SECTION 17. Special provision concerning present commissioners of board of public works and board of police; election of their successors. 18. Police justices may be appointed after first Monday of May, 1863, to succeed those then in office. 19. Special provision concerning present guardians of reform school; ap pointment of their successors. 20. Ward supervisors now in office shall continue to serve until their pre sent term expires; one supervisor to be elected in each ward at fu ture elections for town officers. SECTION 21. Certain officers in and for the towns of North, South and West Chicago abolished; compensation of town clerk for each of said towns not to exceed $100 a year; annual tax for town purposes restricted therein to $1000; school and other property, belonging to said towns, to be trans ferred to the city. 22. First election of city officers, under this act, to be held on the third Tuesday of April, 1863. 23. This act shall not be construed to extend to any railroad company any new rights or privileges. 24. Special provisions respecting the use of the railway tracks of any com pany, in the streets and alleys, by other companies. 25. This act to take effect from its pass age. Ordinances iOrdinges SECTION 1. Every ordinance, regulation or by-law, impenualisthed posing any penalty, fine, imprisonment or forfeiture, for a i time violation of its provisions, shall, after the passage thereof, be published six times in the corporation newspaper, and proof of such publication, by the affidavit of the printer or publisher of said newspaper, taken before any officer au thorized to administer oaths, and filed with the city clerk, or any other competent proof of such publication, shall be conclusive evidence of the legal publication and pro mulgation of such ordinance or by-law, in all courts and places. Ordinances SEC. 2. All ordinances, regulations and resolutions, now now in force, toremain in in force in the city of Chicago, and not inconsistent with force. this act, shall remain in force, under this act, until altered, modified or repealed by the common council, after this act shall take effect. xisti'ing SEC. 3. All actions, rights, fines, penalties and forfeitactions and righted in ures, in suit or otherwise, which have accrued under the vested in corporation. several acts consolidated herein, shall be vested in, and prosecuted by the corporation hereby created. Property SEC. 4. All property, real, personal or mixed, belonging vested in corporation to the city of Chicago, is hereby vested in the corporation created by this act; and the officers of said corporation, now in office, shall respectively continue in the same, until superseded in conformity to the provisions hereof; but shall be governed by this act, which shall take effect from and after its passage. This act not SEC. 5. This act shall not invalidate any legal act done to invalidate 158 [ci:r. CITY C]EIARTER. MISCELLANEOUS AND SUPPLEMENTARY. by the common council of the city of Chicago, or by its Prior tacts or rights. officers; nor divest their successors, under this act, of any rights of property or otherwise, or liability, which may have accrued to, or been created by said corporation, prior to the passage of this act. SEC. 6. No person shall be an incompetent judge, caitizenst comptetent justice, witness or juror, by reason of his being an inhab- as wtne ses itant or freeholder in the city of Chicago, in any action or proceeding, in which the said city shall be a party in interest. SEC. 7. All officers of the city, created conservators of Powersc ot officers crethe peace, by this act, shall have power to arrest, or cause serdatons of to be arrested, with or without process, all persons who the peace. shall break, or threaten to break the peace, and, if necessary, detain such persons in custody over night, in the watch-house, or other safe place; and shall have and exercise such other powers, as conservators of the peace, as the common council may prescribe. SEC. 8. The cemetery lots which have been or may Cemetery lots exempt hereafter be laid out and sold, by said city, for private places frxoemtin execution. of burial, shall, with the appurtenances, forever be exempt from execution and attachment. SEC. 9. It shall be lawful for the recorder's court to Recorder sentence criminals convicted of offenses committed in the senYtence criminals to city of Chicago, punishable by imprisonment in the county brideeiell jail, to imprisonment in the city bridewell, to be there kept at labor. SEC. 10. The city of Chicago shall not be liable, in cirnot liable for any case, for the board or jail fees of any person who may board of prioeners be committed by any officer of the city, or by any court or in jaie. magistrate, to the jail of Cook county, for any offense punishable under the statutes of this State. SEC: 11. When, in any suit, the city of Chicago prays city not required to an appeal from the judgment of any court in this State, to furnish an appeal bond, a higher court, it shall not be required to furnish an appeal etc. bond; nor shall any affidavit of merits be required of said city, in any suit to which it is a party defendant, to entitle it to defend the same. No suit shall be brought against the city, except in a court of record; nor shall any writ of 17.] 159 16 CIY:ATE.EH execution be issued for the collection of any judgment recovered against said city. Printed SEC. 12. All ordinances of the city, when printed and ordinances to bere- published by authority of the common council, shall be ceived in evidence. received in all courts and places, without further proof. This act SEC. 13. This act shall be deemed a public act, and may be read in evidence, without proof; and judicial notice shall be taken thereof, in all courts and places. Wharfing SEC. 14. Nothing in this act contained, shall be held to privileges. repeal either of the following acts, to wit: "An Act to ad just and settle the title to the wharfing privileges in Chi cago, and for other purposes," approved February 27th, 1847, and "An Act to amend an act entitled' An Act to adjust and settle the title to the wharfing privileges in Chi cago, and for other purposes,' approved February 27, 1847, and in relation to wharves and docks in said city," ap proved February 11th, 1853; but both of said acts, with the exception of the fifth section of the first mentioned act, are hereby ratified and continued in force. claimis SEC. 15. Section sixty-six and a half of the act amendcommi6- sioners. atory of the city charter, approv d February 18th, 1861, constituting a board of claims commissioners in and for said city, is hereby repealed. Firstelec- SEC. 16. All aldermen now in office, and whose terms, tion of sldermen by virtue of previously existing laws; will not expire until the year 1864, shall represent in the common council the .respective wards in which they reside, as the same are hereby established, to the end of the term for which they were chosen; but if, in any case, more than two such alder men may happen to reside in the same ward, two of them, to be designated by lot, shall retain their seats as above provided, and the other or others shall retire from office on the first Monday of May next. Two aldermen shall be chosen, at the next annual election, in each of said wards which would not otherwise be fully represented in the com mon council; but no alderman shall be then chosen in any ward, which, by virtue of the provisions of this section, will be fully represented in the common council during the ensuing municipal year. Present SEC. 17. One commissioner of the board of public ecrumintion 160 [C.H. CITY CHARTER. MISCELLANEOUS AND SUPPLEMENTARY. works shall be elected, at the next annual election, to suc- ers of boards of ceed the commissioner whose term of office will expire on Pwublc and the first Monday of May next. That one of the other two of police, continued In commissioners now in office, having the shortest term to toffioe;f theeir serve, shall continue in office until the first Monday of May, euccsors. 1865, and the one having the longest term to serve, shall continue in office until the first Monday of May, 1867, at which several times their respective terms of office shall expire. The provisions of this section shall also extend to and include the commissioners of the board of police, except as to the time of their continuance in office, which shall be until the first Monday of May, 1864, for the one having the shortest term to serve, and until the first Monday in May, 1865, for the one having the longest term to serve. (Further provisions as to commissioners of board of police, Secs. 11, 12, post, 193.) SEC. 18. Any vacancy now existing in the office of Poli,,ce Justices to police justice, or which may occur before the first Monday Mbaeletcted in . may, to suoof May next, may be filled in the manner prescribed by theed tho se then In office present laws; but the police justices then in office, shall hold only until the election and qualification of their successors. SEC. 19. The two guardians pf the reform school, now Guardiansm of reform in office, having the longest term to serve, shall continue in school con tinued in office until the first Monday of June, 1865; the two guard- office. ians having the next longest term to serve, shall continue in office until the first Monday of June, 1864; the other three guardians shall continue in office until the first Monday of June next; at which several times, their respective terms of office shall expire. SEc. 20. The supervisors now in office, who were elected Wdord supervisors from the different wards of the city of Chicago, as they were heretofore constituted, shall continue in office until the expiration of the term for which they were chosen. At all future elections for town officers, one supervisor shall be elected in each of the wards of said city, as the same are hereby established SEc. 21. The offices of overseer of the poor, commis- Certsino abolished In sioner of highways, overseer of highways and pound master, anorth,sout and We s t in and for the towns of North Chicago, South Chicao and Chi~cga. 11 17.1 161 162 CITY CHARTER [OH. West Chicago, respectively, are hereby abolished; and hereafter the town clerk of neither of the said towns shall receive for his official services, a compensation exceeding Taxfortown one hundred dollars a year; nor shall it hereafter be lawful purposes to raise a tax for town purposes, in either of said towns, exceeding one thousand dollars a year, in any one year. All school property, and all other public property of every description, in the towns of North Chicago, South Chicago Transfer of and West Chicago, shall belong, and be forthwith transtown property to city. ferred to the city of Chicago. All moneys in the hands of the treasurer of Cook county, or in the hands of any town officer or agent, collected or raised for school purposes, or for the construction or repair of highways or bridges, in either of said towns, including money received for licenses, and all such moneys as shall hereafter come into the hands of said treasurer, or other officer, shall be paid over to the treasurer of the city of Chicago; and said moneys shall be applied by said city to the purposes for which the same were collected or raised. (Further provision as to amount of tax for town purposes, Sec. 22, post, 197.) First elec- SEC. 22. The first election of all city officers to be tion of city offiers by chosen by the people, shall be held, except as is herein the people.,yp,ie ed otherwise provided, on the third Tuesday of April next. Railroad SEC. 23. This act shall not operate or be construed, to companies tnoderwiv no extend to any railroad company any rights privileges or new iht privlgets from this act benefits, which they do not now possess under their respect ive acts of incorporation or existing laws. Use of the SEC. 24. Whenever any railroad or railway company, railway tracksofany which has been heretofore or may hereafter be authorized company in the streets to extend its railway tracks along the streets and alleys and and alleys, by other across the waters controlled by the city, within the limits compa~aies. of said city, shall desire to use the track or tracks of any other railroad or railway company, in said streets and alleys and across the waters controlled by said city, within said limits, for the passage of their cars and engines, and the transaction of their business, or either, it shall be lawful for such company to apply, by petition, to the judge of the circuit court of Cook county for such leave; and the owner or owners of such track or tracks, so desired to be used, [Cil. 162 CITY CIE[ARTER. MISCELLANEOIJS AND SUPPLEMENTARY. having been first notified to appear and answer to such petition, it shall be the duty of said court to appoint three commissioners, to determine the time or times, mode, manner, extent and rates at which such track or tracks may be used as aforesaid; and the said commissioners shall grant a certificate to the party or parties so applying, setting forth in such certificate their decision; and the party applying as aforesaid, acting in pursuance of said certificate, shall be authorized to use such track or tracks in compliance with such certificate. An appeal may be taken, by either party, to the circuit court of Cook county, from such decision. All proceedings in said court and before said commissioners, when so appointed, shall be conducted in the manner provided for the condemnation of rights of way, in an act to amend an act entitled "An Act to amend the law condemning right of way for purposes of internal improvement," approved June 22nd, A. D. 1852, and the amendments thereto. The provisions of this section shall not authorize the use of the railway track of any party, for the running of the regular trains of another party, or in such manner as in any way to interfere with the running of the regular trains, or materially with the general business of the party owning such railway track; and such use of such railway track, and the cars and engines passing over the same, shall be under the exclusive direction and control of the superintendent of the railway, the track of which is so used, and shall be limited to the railway tracks laid down in, along and over the streets, alleys and waters of said city, as herein before stated. Whenever, by the use of any such track, under any decision made as above specified, either party shall deem the terms of said use unjust or inequitable, or to require revision, he or they may have a re-adjustment of the same, upon application and hearing in the manner herein above provided. SEC. 25. This act shall take effect from and after its Act to take effect from passage. its passage. Approved February 13, 1863. 17.] 163 PRIOR LAWS AFFECTING THE CITY. CEMETERY. AN ACT granting a Lot of Land to the Town of Chicago for the Burial of the Dead. BOTION BSECTiON 1. Town of Chicago permitted to use a 2. To be used forever as a burial ground; lot of canal land for a burial ground, subdivisions. on terms, etc. Use of lot SECTION 1. Be it enacted by the People of the State of for burial ground. Illinois, represented in the General Assembly, That the inhab itants of the town of Chicago, under the direction of the president and trustees of said town, are hereby authorized and permitted to use a lot of canal land, situated near the said town, for a burial ground, being the east half of the south-east quarter of section number thirty-three, in township number forty, range fourteen east of the third principal me ridian: Provided, The president and trustees of said town will, by an order to be entered upon the records of their proceedings, engage and agree to pay to the State of Illinois Purchase whatever sum the said land may be valued at by the agents ~thereof. of the State, whenever the State shall authorize a sale of the canal lands in the vicinity of the town of Chicago; the said land to be valued at the same price of other canal lands of a like quality and situation, and without regard to the use to which it is applied. Titlevestea. SEC. 2. When the land described in the foregoing sec tion shall be paid for as therein provided, the title to the same shall be vested in the president and trustees of the town of Chicago and their successors forever; but the said trustees shall not thereby acquire the right to sell, dispose of or lease the said land, or any part thereof, but the same Forever to shall forever remain for a public burying ground, and shall remain a burial never be used for any other purpose: Providd, That the ground. FIREMEN'S BENEVOLENT ASSOCIATION. trustees may lay off a part thereof for the burial of the citizens of Chicago, and a part for the burial of strangers and transient persons, and make such other subdivision Subdi vision,$. thereof as may be deemed necessary to the public convenience. Approved February 10, 1837. COUNTY SEAT. AN ACT to create and organize the Counties therein named. SECTION 1. Cook county constituted, and county seat established at Chicago. SECTION 1. Be it enacted by the People of the State of Cook county vjconstitute&. Illinois, represented in the General Assembly, That all that tract of country, to wit: Commencing at the boundary line between the States of Indiana and Illinois, at the dividing line between towns thirty-three and thirty-four north; thence west to the south-west corner of town thirty-four north, of range nine east; thence due north to the northern boundary line of the State; thence east with said line to the northeast corner of the State; thence southwardly with the line of the State to the place of beginning; shall constitute a county to be called Cook; and the county seat thereof is Chi,cag5yo the hereby declared to be permanently established at the town of Chicago, as the same has been laid out and defined by the canal commissioners. * * * * * * * Approved January 15, 1831. FIREMEN'S BENEVOLENT ASSOCIATION. AN ACT to amend an Act entitled "An Act to incorporate the Firemen's Benevolent Association," and for other purposes. SIcTIoN 4. Trustees to make a permanent fund- interest to be applied,first, for relief of persons described, and secoond, forfire alarm telegraph and benevolent institution s. * * * * * * * SEC. 4. The board of trustees shall make the sum of Permanent forty thousand dollars ($40,000) if there be that amount in forty thousand dollars ($40,000), if there be that amount in 165 1(36 PRIOR LAWS. the hands of said association; if not, then they shall make the sum of thirty-six thousand dollars, a permanent fund, the annual interest of which shall be appliedRelief of First. To the relief of distressed, sick, injured or dismembers, et. abled members, and their immediate families, and the cloth ing and the education of the orphans or half orphans of indigent deceased members of said association, also to pro vide a suitable burial and burial place for indigent mem bers and their immediate families. Surplus to Second. Any surplus interest as aforesaid, after providing city for telegraph a.d to for the objects aforenamed, and paying the necessary exbenevolent 8intitutions. penses of the said trust, shall be annually equally divided and paid, one equal one-quarter to the city of Chicago when the said city, by its authorities, shall have erected a good and sufficient fire-alarm telegraph, costing not less than twenty five thousand dollars ($25,000), to be paid so long and no longer than the said fire-alarm telegraph shall be kept in good order and operated by said city; one equal one-quar ter of said surplus interest to the Chicago orphan asylum (Protestant); one equal one-quarter of said surplus interest to the Catholic orphan asylum; one equal one-quarter of said surplus interest to the Home of the friendless, all of Chicago. The orphan asylums and home of the friend less herein named shall have and receive each one equal one-third part of said surplus interest until the aforesaid city of Chicago shall complete said fire-alarm telegraph. * X * * * * * Approved February 13, 1863. FISH INSPECTOR. Sec. 10, Chap. 8, of Charter. This Act was not known to be in existence until too late to refer to it underthe section above cited, or to place it with the amendments of the Charter. AN ACT in relation to the Fish Inspector of the City of Chicago. SECTION SBCTION 1. Council have power to fix pay of in- 2. This act public, and in force from its specters. passage. 166 P.RIOR LAWS. STATEES ATTORNEY - STREETS. SECTION 1. Be it enacted by the People of the State of Power of council to Illinois, represented in the General Assembly, That the corn- fix pay. mon council of the city of Chicago shall have power to fix and regulate the pay of fish inspectors. SEC. 2. This act shall be deemed a public act, and have Act publc and n force. effect from and after its passage. Approved February 16, 1865. STATE'S ATTORNEY. AN ACT to amend an Act entitled " An Act in relation to the Attorney General and State's Attorney," approved February 28th, 1847. BCTION SECTION 1. State's attorney to be allowed same 2. Act in force from its passage. fees in recorder's court as in circuit court, to be paid by the city of Chi cago. SECTION 1. Be it enacted by the People of the State of Statel's attorney's Illinois, represented in the General Assembly, That theState's fs- to be attorney of the seventh judicial circuit shall be allowed pd blty. the same commissions and fees for his services in the recorder's court of the city of Chicago, that he is now entitled to receive by law for like services in the said circuit court, to be paid by the city of Chicago. SEc. 2. This act to take effect and be in force from and Act in fore. after its passage Approved February 24, 1859. STREETS. AN ACT authorizing Incorporated Cities to change, alter and vacate Streets or parts of Streets. SIB,ffION SEMCTION 1. Vacation of streets upon petition; 2. Assessment of benefits and damages. conveyance of interest of city. SECTION 1. Be it enacted by the People of the State of vacation of streets on I llinois, represented in the general Assembly, That when the petition. corporate authorities of any city may deem it for the best 167 t 16 PRO AS interest of their respective cities that any street or part of street shall be changed, altered or vacated, said authorities shall have the power, upon the petition of the property holders owning property on such street or part of street, to ConvrencanCe change, alter or vacate the same, and to convey by quitof interest of city. claim deed all interest which said city may have had in the street or part of street so vacated, to the owner or owners of lots and lands next to and adjoining the same, upon the payment by such owner or owners of all assessments which may be made against their lots or lands for and on account of benefits to the same arising from such change, alteration or vacation of any street or part of street, as aforesaid. Benefits and SEC. 2. The benefits and damages caused by changing, damages. altering or vacating any street or part of street, as aforesaid, shall be assessed and determined in the manner pointed out by the act incorporating such city, or by the ordinances thereof in other cases. Approved February 15, 1851. AN ACT to authorize the Common Council of tile City of Chicago to vacate Streets and Alleys. SECTION SBCTION 1. Vacation of streets and alleys; as- 2. Act in force from its passage. sessments for damages. Vacation of SECTION 1. Be it enacted by the People of the State of streets and alleys. Illinois, represented in the General Assembly, That the com mon council of the city of Chicago be and is hereby em powered and authorized to vacate any street or alley within said city, and if any person shall be entitled toamages, Assess- such damages shall be assessed and paid in the same manments for damages. ner as they would be in the opening of a street in said city. Act in force. SEC. 2. This act shall be in force from its passage. Approved February 12, 1859. 168 PRIOR LAWS. SUPERVISORS —WHARFING PRIVILEGES. SUPERVISORS. Sec. 20, Chap. T17, of Charter. AN ACT to reduce the Act to provide for Township Organization, and the several Acts amendatory thereof, into one act, and to amend the same. SECTIoN 8. Each Ward in Chicago and Peoria to elect a supervisor * * * * * * ARTICLE EIGHTEENTH. * * * * * * * 169 SECTION 3. The cities of Chicago and Peoria shall be Each ward 0 9icag to elect a entitled to elect one supervisor in each ward, in addition to supervisor. the township supervisors, and the several supervisors so elected shall be members of the board of supervisors of the county, and shall have, possess and enjoy all the rights, powers and privileges that are now or hereafter shall be possessed and enjoyed by the several township supervisors, as members of the board of supervisors of the county. The election for such supervisor to be held at the same time and in the same manner as the election for township supervisors in the counties in which said cities are situated. * * * * * * * Approved February 20, 1861. WHARFING PRIVILEGES. The two Acts upon this subject, here following, except the fifth section of the first Act, are continued in force by Sec. 14, Chap. 17, of Charter. AN ACT to adjust and settle the Title to the Wharfing Privileges in Chicago, and for other purposes. PRaIAMBLE. Reciting the necessity for a determination of the questions as to title to wharfing privileges. BSECTION 1. Power of council to vacate certain streets; compromise conflicting claims; make ordinances, deeds, agreements, etc.; saving of rights of individuals, corporations and State; two-thirds vote necessary. SECTION 2. Bill in chancery may be filed to de termine rights of parties; process, and proceedings thereon. 3. Proceedings on appeal. 4. Power of council to alter, etc., or dis continue certain streets; saving of rights of canal trustees and the State. 5. Power of council to widen the Chicago river and branches; pro ceedings for that purpose. 170 PRIOR LAWS. Preamble. WHEREAS, Those portions of land, or parts of South Water, North Water, West Water and East Water streets, in the original town of Chicago, (on the sides of said streets nearest the river,) which lie eighty feet distant from the lines of the lots laid out on the sides of said streets fir thest from the river, sometimes known as the "wharfing privileges," are now, and have been for a long time past, made the subject of much controversy between different persons and corporations claiming the title to the same; and whereas, as they are now situated, neither the city of Chicago, nor any person or body corporate, derive any benefit from the same, except the persons who are occu pying them, but they are a fruitful source of discord, dissatisfaction and illegal violence; and whereas, it is for the benefit of all parties claiming an interest therein, that the questions arising as to the title to the same shall be settled and determined as speedily as possible; now, therefore, Power of SECTION 1. Be it enacted by the People of the State of ,common deiBacnOnlite Ilhnois, represented in the General Assembly, That the comctret. etc. mon council of the city of Chicago shall have full power and authority to discontinue and vacate any part or portion of South Water, NortlrWater, West Water and East Water streets, which lies beyond a line eighty feet distant from the line of the lots laid out on the sides of said streets furthest from the river, (sometimes known as "wharfing privileges,") or any such parts or portions as lie between the line first To acdjuptro aforesaid and the river, and to compromise, adjust and mise con- determine all conflicting rights or claims arising between the flitting rights, etc. city and any or all persons and corporations who are or may be claimants of such portion of said streets or wharf ing privileges; and, for this purpose, the said common Topaordi- council is authorized to make and establish all necessary nantes, and make deeds ordinances, rules and regulations, and to make, execute and deliver all such deeds, agreements, leases and conveyances, and to enter into, take or receive any and all such agree ments as the said common council shall deem proper and dehpnllotiti expedient touching said premises: Provided, That nothing zens, body in this section contained shall authorize said city to do any corporate, etc., of act which shall deprive any private individuals or corpora WHARFING PRIVILEGES. tions, the trustees of the Illinois and Michigan canal, or the w-hrafng ' rvlege6 State, of any right, title, interest or claim he, she, they or it wPithout consent. may have in and to said wharfing privileges, or portion of streets, as property, without his, her, their or its consent; and all the rights, if any, of said State, and trustees of said An gnhdt, canal, are hereby expressly reserved: Provided, That upon Tw,-thirds vote necesall questions arising in said council under this section, a sary. vote of two-thirds of all the aldermen authorized by law to be elected, shall be necessary. SEc. 2. For the purpose of adjudicating, settling and bcitrto fIle 0 ~ ~ ~ ~~~bl o f interdetermining all the rights of the various parties, including einstehaParties p ~~~~~~In chancery. the State, trustees of the Illinois and Michigan canal, and the city of Chicago, and all and every person and corporation who claims or may claim any portion of said streets or said wharfing privileges, or any interest therein, of whatever name or description, the said city, or any person or corporation, claiming an interest in said portions of said streets or land, or wharfing privileges, is hereby authorized to file a bill in chancery in either the circuit court of Cook county Ienou,rts of -record. or the Cook county court, and to make said State, the trustees of the Illinois and Michigan canal, the city of Chicago, and every person and corporation claiming any interest in said premises, a party thereto; and said court in which such bill shall be filed, is hereby authorized to hear and deter- Courtdu thorized. mine the same, and to adjudicate, decree and determine the respective rights of the several parties to said bill or proceedings, respectively, fully and particularly; and said court is hereby clothed with full power and jurisdiction to carry into effect all its decrees and determinations in the premises; and in case of the failure of any party to execute any In Cae of0 failure, madeed, conveyance or other instrument required by said court, ter in chan cery to make to empower the master in chancery of Cook county, or any a deliver commissioner appointed by said court, to make, execute and deliver such deed, conveyance or instrument, and the decision of such court shall be final and conclusive in the premises, unless the same shall be appealed from within AOrpedall-h. ninety days from the entering of the final decree: Provided, iny ninetY days. That in case of appeal it shall not be necessary that the No bond required on party appealing should enter into bond, but the filing a appeal. notice in writing in the clerk's office of said court, signed 171 1'T2 PRIOR LAWS. Notice,uffl- by such party's attorney or solicitor, shall be deemed sufficient evidepnpce of cient evidence of the taking of the appeal: And provided appeal. Notice to befurther, That notice of the filing of said bill shall be served served on certain on the governor, the secretary of said trustees, and a notice parties. thereof published in three of the newspapers published in Chicago, for sixty days before the day of hearing of said u,nmonlls bill: And provided further, That the ordinary process of shall issue. summons in chancery shall issue, and be directed to the proper officer or officers, to be executed as in other cases in Judge em- chancery: And provided further, That the judge of said powered to make orders court shall have full power and authority to make all for entering appearance, necessary orders for the entering of the appearance of any etc. ~ r party to said suit. court, powe- SEC. 3. In case of appeal, the supreme court shall posors of; onsesaasicae appeal.n sess as full powers in the premises as in other cases of appeal; but the appeal of any party shall not require the said supreme court to adjudicate any question which shall not arise between said appellant and some other party to such bill or proceeding. Council em- SEC. 4. The common council of said city shall have as powered to alter river full power to alter, widen, contract, straighten and disconstreets. tinue North Water, South Water, East Water and West Certain Water streets in said city, as any other streets: Provided, rights not to be alected, That the rights of the State and the trustees of the Illinois etc. and Michigan canal, if any, shall not be affected, or invali dated, or prejudiced, by any such act of the said common council. CTowiden SEC. 5. The said common council are hereby fully emChicago river bycut-powered to widen the Chicago river and the branches tmg away orotherwise thereof, within the city, from time to time, as they may deem proper and necessary for the commercial business of said city, by cutting away the whole or any part of the streets or lots on the bank of said river or its branches. Proceed- And in case said common council shall determine thus to ings, how regulated. widen said river, or either of its branches, by cutting away any lot, lots or part of a lot, such proceedings shall be had, for the condemnation and appropriation of such lot or lots, or part of a lot, and the assessment of damages and bene fits, as are authorized and directed by the act to incorporate the city of Chicago, and the acts amending the same, for 112 PRIOR LAWS. WHARFING PRIVILEGES. the opening of streets and alleys; and the provisions of said acts shall apply to the widening of said river or its branches, so far as they are applicable; but nothing in this section Private property not contained shall authorize the taking of private property for toibe taken without any such purpose, without making adequate compensation tco-mLpnsato the owner thereof Approved February 27, 1847. AN ACT to amend an Act entitled " An Act to adjust and settle the Title to the Wharfing Privileges in Chicago, and for other purposes," ap proved February 27, 1847, and in relation to Wharves and Docks in said City. 81sEION 1. Power of council to vacate certain streets; compromise conflicting claims; convey portions of streets vacated; deeds to be approved by court; proceedings therefor; pro visions of former extended to mat ters done under this act. 2. Appeals, when and how taken. 8. Wharves and docks, and the use of, and compensation therefor. BcTION 4. Wharves and docks erected without authority of the city to be removed; penalty for neglect to remove. 5. Parties to, and subject-matterof, bills in chancery, under this and the former act. 6. Proceedings upon such bills in chan cery; partial decrees. 7. Proceedings may be had in vacation, but as of next succeeding term of the court. 8. Act in force from its passage. SECTION 1. Be it enacted by the People of the State of Councilem Jpowered to Illinois, represented in the Genera? Assembly, That th e corm- vacate cer tain streets, mon council of the city of Chicago shall have power and acldjimust t authority to discontinue and vacate the whole or any part or portion of North Water, East Water, and West Water streets, and so much of any other street in said city as immediately fronts Chicago river, or either of its branches, and to compromise, adjust and determine all conflicting rights or claims arising between the city and any or all persons and corporations who are or may be claimants of the fee of any part or portion of said streets, or of any right or interest therein; and upon such compromise and adjustments said city may convey, by deed or otherwise, the fee To onv, by deeds to in such parts or portions of said streets as may be thus va- parties encated or discontinued to such person or persons as said council may deem entitled to the same under the provisions of this act, or the act to which this is an amendment; and all deeds or other conveyances which have been made and delivered, or which may hereafter be made and delivered by 178 17 PRO AS said city under the provisions of this act, or the act to Deeds valid which this is an amendment,-shall be deemed valid and to convey fee. effectual to the conveying the title in fee of the premises therein described, to the person or persons to whom the same are or shall be respectively made, their heirs and Proviso,that assigns: Provided, That before any such deeds or conveysuch deeds t shall be ap- ances shall bar or preclude the rights of any other person proved, etc. or persons claiming an estate in such portions of said streets thus vacated or discontinued, such deeds or conveyances shall be approved by the court under the provisions of this Circuit act or the act to which this is an amendment; or an order court may make order of the circuit court shall be made upon petition filed by approving, etc., how. said city or any person or party claiming title under such deeds or conveyances respectively, approving and confirming Notitce such deeds or conveyances, upon notice given by publication required, in at least three of the daily papers published in said city of Chicago, for the space of time required in said act to which this is an amendment, directed to all persons claiming any right or interest in the premises described in said deeds or conveyances, to appear and show cause, if any they have, why such deeds or conveyances should not be approved and Former act confirmed. The provisions of said act to which this is an extended to this, etc. amendment, shall aply to such parts or portions of the above named streets as may be discontinued by virtue of this act, as far as the same may be applicable. Appes SEC. 2. Appeals from anyorder of approvalor confirmhow to be Apas ayapoa taken. ation under this act, may be taken within the time and in the manner and as is provided in said act to which this is an amendment, and not otherwise. To authorize SEC. 3. The city of Chicago may authorize and emwharves, etch,a ed power any person or persons to whom any portion of said dockage. streets thus discontinued or vacated has been or may be conveyed under the provisions of this act, or the one to which this is an amendment, to erect wharves or docks, ex tending into the Chicago river, in front of the premises thus conveyed, for the purpose of facilitating the trade and com merce of said river, and to receive and collect reasonable wharfage or dockage for the use of the same; and no person, No person except the owner of the same, or the person entitled under except ownerto such owner, shall use or occupy any wharf or dock erected occupy, etc., 174 PRIOR L AWS. WHARFING PRIVILEGES. in said city under the permission of the common council without conpenthereof, without making reasonable compensation for such ation. use to the owner thereof, or to the party entitled to the use thereof under such owner. SEC. 4. Every wharf or dock which shall be extended bwharth built wi,thor erected in any portion of the Chicago river or either of iutpTrmbi its branches, without the express permission or authority of removed. said city, shall be forthwith removed; and if any person or persons shall continue or occupy any such wharf or dock not authorized by said city, after having been notified in writing to remove the same, such person or persons shall forfeit and pay to said city twenty dollars for each day they Penalty. shall thus occupy such wharf or dock, or suffer the same to remain in said river after the expiration of ten days from the date of said notice, to be recovered by action of debt as How recovered. other penalties under the charter or ordinances of said city may be recovered. SEc. 5. Neither this act, nor the act to which this is an Thisacthow amendment, shall be so construed as to make it necessary to make any other person or corporation a party to any bill authorized to be filed by the last named act, except such persons or corporations as shall have an interest in the fee or private use of so much of thepremises, lot or wharfing privilege or street, to settle the title of which such bill may be filed; and the bills which have been or may be filed under said acts may include such parts and so much of the streets, wharfing lots or wharfing privileges as the complainants may see fit to include therein: Provided, That the Proviso. court may require such other premises to be included therein as may be deemed necessary by said court. SEC. 6. The court in which any suit may be pending cou(rtze authorized under the provisions of the act to which this is an amend- to adjudi cate claim&. ment, or of this act, is hereby authorized and empowered, from time to time, to adjudicate and determine the rights of the respective parties to any wharfing lot or wharfing privilege, or part thereof, and to enter a final decree touching such lot or part of lot, without deferring such final decree until the rights to other lots or premises shall be determined, so that the title to each wharfing lot or part of lot may be adjusted at the earliest possible day and not be 175 17(3 PRIOR LAWS.~~~~~~~~~~~~~~~~~~~~~~~~~ delayed on account of any conflicting claims or litigation respecting other lots or premises. CSEC. 7. The circuit court, or the judges thereof, may court or udge may hear and determine all matters arising under this act, or the ear and hetermine one to which it is an amendment, in vacation, but all final In vacation. decrees or final orders made therein shall be considered as made and entered at the next succeeding term of said court, in case such final order or decree shall be made in vacation, so far as the right to except to or appeal from the same, and the computation of time in which such appeal must be taken, is concerned Wh effact to SEC. 8. This act shall take effect and be in force from take effect. and after its passage. Approved February 11, 1853. 176 PRIOR LAWS. AMENDMENTS TO CITY CHARTER. AN ACT to amend an Act, entitled "An Act to reduce the Charter of the City of Chicago, and the several Acts amendatory thereof, into one Act, and to revise the same," approved February 13, 1863. SECTION 1. Improvement of streets, etc.; side walks and drains; assessments therefor. 2. Railway companies: how assessed. 8. Lamp posts; assessments therefor. 4. Certain sections of charter repealed. 5. Work may be done before assess ment. 6. Power of assessment for removal of nuisances extended. 7. When condemned property appropri ated. 8. Several similar notices as to taxes and assessments may be in one ad vertisement. 9. Fees and proceedings of collector. 10. River and harbor improvements may be made without contract. 11. Plan for cleansing river. 12. Further as to such plan. 13. Power to borrow money and issue bonds. 14. City may contribute to enlarge canal. 15. Consulting board of engineers. 16. Additional members of board of pub lic works appointed for purposes of this act. SECTION T17. Plan and estimates to be reported to common council. 18. Canal between river and lake; power to condemn lands. 19. Council may pass ordinances necessary for purposes of this act; drainage. 20. Tunnels under river may be built. 21. Funds therefor; how to be raised. 22. Street tax. 28. Salaries of police force. 23. Police tax. 25. Divers acts of common council con firmed. 26. Salaries of city officers. 27. Harbor masters and bridge tenders. 28. Assessors. 29. School tax. 80. School agent to report. 81. School construction bonds. 82. Board of education; exercise of pow ers limited. 88. City bonds; registry and endorse ment thereof. 84. Liquor licenses. 35. Job printing. 86. This act public, and to take effect from passage. SECTION 1. Be it enacted by the People of the State of lli- Improve ments of nois, represented in the General Assembly, That whenever any streets, etc. order shall be passed by the common council of said city, pursuant to the authority conferred by chapter seven, of the act of which thiis is an amendment, for the filling, grading, leveling, paving, curbing, walling, graveling, macadamizing, planking or repairing of any street, lane, alley or highway, or for the construction, re-construction, laying or re-laying of any sidewalk, or any private drain, the commissioners of the board of public works shall forthwith proceed to assess the amount directed by the common council to be assessed for that purpose, with the costs of the proceedings therein, upon the real estate by them deemed benefited by any such improvement, in proportion, as nearly as may be, to the benefit resulting thereto. The assessment in such cases As5es meuts. 12 AMENDM1ENTS TO CITY CHAR TER. shall be made and returned, and may be confirmed and collected in the manner provided by sections twenty-three and twenty-four of chapter seven, of the act above men tioned, and the provisions of said two last named sections shall in all respects apply to the assessments hereby authorInclude ized. The expense of constructing and relaying sidewalks what expenses. and area or street walls, at the intersection of streets or alleys, or of streets and alleys, when required to be con structed by any such order of the comminon counicil, shall be included in their said assessment, but all other im provements made at such intersections, excepting lamp posts, shall be, as heretofore, chargeable upon and paid out of the general fund, or other appropriate fund, not raised by special assessment. -Railway companay; SEC. 2. Where, in any case, any portion of the costs how assessed. and expense of making any improvement mentioned in the foregoing section, shall, by virtue of any valid law or ordinance of the corporation, or by virtue of any valid contract, be chargeable upon any railway company, the amount so chargeable may be assessed upon said railway company, and the balance only upon the real estate ben efited thereby, and the city may collect the amount so assessed upon the said railway company, by distress and sale of personal property, as in other cases, or by suit brought for that purpose: Provided, That any real estate belonging to such railway company, and deemed benefited by the said improvement, shall be assessed as in other cases. Lamp post SEC. 3. Whenever any order shall be passed by said assessments. common council for the erection of lamp posts upon any of the streets in said city, the commissioners of the board of public works shall forthwith proceed to assess the amount directed to be assessed therefor, with the costs of the proceedings therein, upon the several lots, pieces or parcels of land fronting or abutting on the street or part of street along which said posts are to be erected. Said assessment shall be made in such a manner, as nearly as may be, that each separate lot, piece or parcel of land, on either side of such street, for the whole distance proposed to be lighted, shall sustain its fair proportionate share of 178 [ACT FEB. 1.N, 1865.] AMENDMENTS TO CITY CHARTER. the expense and costs, according to the benefit resulting thereto, which assessment shall be made and returned, and may be confirmed and collected in the same manner as assessments for filling, grading or paving streets, and, when confirmed, shall have the same force and effect, like powers, rights and duties being hereby conferred upon the said commissioners and common council, and on all parties interested, in both cases. SEC. 4. Sections twenty-one, twenty-two, twenty-five, Repealing. twenty-six, twenty-seven and thirty, of chapter seven of the above mentioned act, are hereby repealed, but all other provisions in the said chapter contained, not inconsistent with the provisions of this act, shall be and remain in full force. SEC. 5. Upon the passage of any order referred to in Work may be done the first and third sections of this act, the board of public bsfeoment. asses~smenit.. works may, in their discretion, cause said improvement to be made, and paid for out of any moneys in the treasury at their disposal, and afterwards cause the expense thereof, together with all costs, to be reimbursed by a special assessment, to be levied and collected as in other cases. SEc. 6. The power of assessment conferred by section Nuisanc, assessments thirty-one, of chapter seven of the above mentioned act, shall extend to all cases where it shall have become necessary to incur expenses for the removal of any nuisance, as well as to those cases where expenses shall have been actually incurred. SEC. 7. Whenever the damages awarded to the owner, When condemned;, for any property condemned by said city for public use, property apshall have been paid to such owner or his agent, or when roprted. sufficient money for that purpose shall be in the hands of the city treasurer, ready to be paid over to such owner, and ten days' notice thereof shall have been given in the corporation newspaper, the city may enter upon and ap, propriate such property to the use for which the same was condemned. SEC. 8. Two or more of the notices required or au- several similar thorized to be given by the board of public works, or the notics ir one advercommissioners of said board, by publication iu the cor-tisement. 179 AMENDMENTS TO CITY CHARTER. poration newspaper, in any special assessment proceedings, may be comprised in one advertisement: Provided, Such notices are of the same general character, or for like objects, and provided that, in other respects, the notice so published shall sufficiently comply with the essential statutory requirements. And the provisions of this sec tion shall extend to and embrace all notices required to be given in the corporation newspaper by the city collector, of the delivery to him of all tax and special assessment warrants for collection, and of his intended application to some court of general jurisdiction for judg ment thereon. Foeedis and SEc. 9. The city collector shall be allowed, for the use proceedings of ollector. of said city, one-half the same fees and charges for making distress and sale of goods and chattels for the payment of city taxes and special assessments, as may be allowed by law to constables for making levy and sale of personal property on execution, and his proceedings in such cases shall conform, as nearly as may be, to those prescribed for town collectors by the general laws relative to the collection of the revenue. hiver or SEC. 10. Whenever, in the prosecution of any river or harbor-Imroheoments harbor improvement by said city, the board of public ,without contract. works shall be of opinion that the proposed work can be better or more cheaply done by the board itself, without the intervention of a contractor, they shall report their said opinion to the common council, and the reason for the same, and the common council may, thereupon, by resolu tion, authorize said board to procure the necessary ma chinery and material, and to employ workmen to make the said improvement, without letting the work by contract Provided, Three-fourths of all the aldermen elected shall vote in favor of such resolution. Pcleangor SEC. 11. That the board of public works of the city ,cleansing river. of Chicago be, and they are hereby authorized, required and empowered to devise, and, with the approval of the common council of said city, or otherwise, as hereinafter provided, to adopt and execute a plan for cleansing the Chicago river and its branches, and keeping the same in a pure and healthy condition, and also by contract with 180 [AOT FFB. AMENDMENTS TO OITY CHARTER. the trustees of the Illinois and Michigan canal, or other wise, for changing the water in said river and branches; but if the consent of said trustees can be had, and in the judgment of said board it is expedient, the experiment of cleansing said river by using the pumping works of said canal, shall be first thoroughly tried, before any expenditure for constructing any other canal or conduit shall be incurred. SEC. 12. If, in the judgment of said board, it shall be Same. found that permanent and complete drainage of said river and branches can be best effected by constructing a channel from some point on the Chicago river or its branches, southwardly towards or near Lockport, or by widening and deepening the Illinois and Michigan canal, the said board are hereby authorized and empowered to devise a plan for that purpose, with the consent of the common council, or otherwise as hereinafter provided, to make any contract necessary to carry into effect such purpose, in conformity with and subject to the general provisions of the city charter, with the trustees of the Illinois and Michigan canal, or with the United States, or the State of Illinois, or with any party or parties, and to construct a canal, or to widen or deepen the Illinois and Michigan canal, or otherwise to remove and change the waters of the Chicago river and its branches; and the said trustees of the Illinois and Michigan canal are hereby authorized and empowered to make such contract as they may deem just and proper, with the said board or the city of Chicago, for said purposes or any of them. (Further provisions for cleansuing river, Act of February 16, 1865, post, 206 et seg.) SEC. 13. For the purpose of carrying out the improve- Borrowments contemplated by the eleventh, twelfth, fourteenth money. and eighteenth sections of this act, and sections five, six, seven and eight, of chapter sixteen, of the act of which this is an amendment, the said city shall have power to borrow, from time to time, as the board of public works and common council shall deem expedient, an additional sum of money, not exceeding two million dollars, upon the credit of said city of Chicago and to issue bonds Isauebonds,. 15) 1865.] 181 AMENDMENTS TO CITY CHARTER. therefor, in the manner authorized by section sixteen of said chapter; and all the provisions in said chapter con tained respecting the issue and sale of sewerage-loan bonds, the custody and expenditure of the proceeds there of, and the payment of the principal and the interest to become due thereon, and providing for a sinking fund for the liquidation of the same, shall in like manner apply to the bonds hereby authorized; and the said fund so raised shall constitute a special fund to be held and used for the purposes of such improvement, and for no other purpose whatsoever. Contrtibu- SEC. 14. Should the work of enlarging and deepening tion to canal im- the said canal, for a ship or steamboat canal, be prosecuted provement. provemet. by the United States, or by the State of Illinois, or the trustees of the Illinois and Michigan canal, the common council of the city of Chicago are hereby authorized and empowered to make a contribution towards such improve ment, of such sum of money or bonds, or part of the bonds in the preceding section of this act provided for, or their proceeds, not exceeding $2,000,000, as they shall deem proper. Consulting SEC. 15. Upon application of the board of public board of engineers. works, the mayor, by advice and consent of the common council, may appoint a consulting board, of not less than three nor more than five competent engineers, to aid in devising the plans and arranging details rendered neces sary by this act. Additional SEC. 16. For the purpose of cleansing the Chicago members of board of river and its branches, as in this act provided, Roswell B. public works. Mason and William Gooding are hereby appointed addi tional members of the board of public works, who shall each receive the same salary as the other members of said board, which is hereby fixed at three thousand dollars per annum for each, and when the work herein contemplated shall be completed, they shall cease to be members of the said board: Provided, That the said additional members shall have no power or authority in the said board, save and except in reference to the said work: And Provided also, that in no event shall their term of office extend longer than six years from and after May 1st, 1865. In .182 [ACT FEB. AMENDMENTS TO CITY CHARTER. case of the death, resignation or removal from this State of either of said additional members of said board, the vacancy caused thereby shall be filled by the governor of the State of Illinois. SEC. 17. The said board of public works, after they Planaia shall have agreed upon a plan for cleansing the Chicago river, shall forthwith report the said plan to the common council, with a statement of its probable cost, and the said council shall examine the said plan, and if they shall approve the same, it shall be and continue the plan of said work, except so far as it may be changed by the board of public works, in matters of detail, or be otherwise changed or abandoned, as hereinafter provided. If the common council shall disapprove the said plan, they shall refer the same back to said board of public works, with a statement of the reasons for such disapproval. If the said board of public works shall, after considering such objections, adhere to the said plan, by a vote of the majority of all the members of said board, they shall report the same back to the common council, and, after the expiration of thirty days, the said plan, unless withdrawn by said board, shall be and continue the plan of said work, with the exception as to details aforesaid, and the contracts entered into in reference to the same by said board shall be in accordance with and subject to the general provisions of the city charter: Provided, h.owever, That said plan may be afterwards abandoned or changed for a different plan, if the said board and the common council, by a majority of all the members of each of said boards, consent hereto: Provided ctlso, That the appropriation of money and the issu- Control of council. ing and sale of bonds for said work shall be and remain under the control of the common council; and the general provisions of the city charter relating to appropriations, to the custody and sale of city bonds, and the custody and disbursement of the city moneys, shall, and they are hereby intended to apply to the appropriations, the custody and sale of the bonds, and the custody and disbursements of the moneys, for the prosecution of said work. SEC. 18. If the said board and the common council canll betweon shall, in their judgment, deem it desirable, to effect the r and 1571865.] 183 AMENDMENTS TO CITY' CHARTER. object of this act, by the construction of one or more canals, to or from the Chicago river or either of its branches to Lake Michigan or elsewhere, it shall be lawful for the said commissioners to condemn such land as shall be necessary for the bed of such canal or canals, and the deposit of the material thereon out of the same, and the proper use and control thereof, not exceeding three hun dred feet on each side of said canal or canals: Provided, That in case said board shall widen or deepen the Illinois and Michigan canal, then, and in that case, only so much land shall be taken as is necessary for that purpose; and when, in the opinion of said board and the common council, it shall be needful for the interest of said works hereby authorized, that the fee in any real estate acquired for right of way or for other purposes by said board, shall be vested in said city, such real estate shall, upon payment for the same as aforesaid, become the property of said city in fee simple absolute. Ordinances. SEC. 19. The common council is hereby authorized and empowered to pass all such ordinances as they may deem necessary for the protection, preservation and use of the work hereby authorized, and the property which may be obtained or possessed -nder this act, and provide such pen alties for the infraction thereof as they may deem expedient, not to exceed the penalties now provided by law for the protection of the Illinois and Michigan canal, or other public works or property of the State; and it shall not be Dra,inage. lawful for any person to drain from any point within the limits of Chicago, into the Chicago river or either of its branches, or into any canal or canals constructed under the authority of this act, without first obtaining a permit for such drainage from the board of public works, and the said board are hereby authorized to grant such permits, and to exact license fees for the same, proportioned to the amount and kind of drainage. Tunnels. SEC. 20. The common council shall have power to cause or authorize thie building of one or more tunnels under the Chicago river and its branches, at the intersection of any street, or at such other points, as, in their opinion, the pub lic good may require, and the said city shall have power to 184 EACT FEB. 15, 1865.] AMENDMENTS TO CITY CHARTER. purchase and hold all such real estate as may be necessary for constructing said tunnels and the approaches thereto; and in case of disagreement between the said city and the owners of any property which may be required for the purposes aforesaid, as to the amount of compensation to be paid such owners, or in case such owner shall be an infant, a married woman, or insane, or absent from the State, the said city shall have the right to condemn said property; and the proceedings for the condemnation of such property, shall conform to those specified or provided by the act above mentioned, in the case of the condemnation of land for a public street in said city, as far as the same are applicable. SEc. 21. To defray any expense that may be incurred Fundsfr. pursuant to the power and authority granted by the preceding section, the common council shall have power annually to levy and collect a tax not exceeding two mills on Taxes. the dollar, on the assessed value of all real and personal estate in the city, made taxable by the laws of this State; and in case the entire revenue derivable from said two mill tax shall be insufficient to cover the expense of constructing any tunnel that may be ordered by the common council, the deficiency may be supplied by a temporary loan, to be Loan. made for a space of time not exceeding the close of the next municipal year, and said loan shall be provided for in the tax levy of that year, by a tax levied pursuant to the authority conferred by this section. And said city shall also have power and authority to issue and sell bonds for Bonds. said purposes, not exceeding $100,000, in any one year. Said bonds to be issued and to become due, at such times as the common council may by ordinance determine. SEc. 22. The common council shall have power annu- Street tax. ally to levy and collect a tax, not exceeding two mills on the dollar, on all taxable real and personal estate in said city, to defray the expense of cleaning and repairing the streets and alleys in said city, and the moneys thus raised shall be held by the treasurer as a special fund, and shall be used for no other purpose whatsoever. SEC. 23. The common council are hereby authorized to Police salareies. establish, from time to time, the salaries to be paid to the police force of said city: PiTovided, That such salaries shall 185 ,AMENDMENTS TO CITY CHARTER. never be reduced below the amounts now authorized by the act of which this is an amendment, nor shall the same be increased so as to exceed the amounts thus authorized, more than fifty per cent. (Furtlier provision as to salaries, Sec. 13, post, 194.) Police tax. SEC. 24. The common council shall have power to annu ally levy and collect a tax, not exceeding two and a half mills on the dollar, on all taxable real and personal estate in said city, for the police expenses of said city, and the third clause of section one, chapter eight, of the act of which Repealing. this is an amendment, is hereby repealed. (Further provision as to tax for polce expenses, Sec. 22, post, 197.) Divers acts SEc. 25. So much of the resolution passed by the comof council confirmed. mon council on the 12th day of December, A. D. 1864, as authorized an increase of pay for the police force of said city, during the present municipal year, is hereby ratified and confirmed. And to provide cor the increased expendi ture thereby authorized, as well as to raise a perpetual fund that shall be hereafter available for the prompt payment of police expenses incurred during the first six months of every succeeding fiscal year, before the tax annually levied for that purpose shall. have been received into the city treasury, the city comptroller is hereby authorized, under the sanction of the mayor and finance committee, to issue and negotiate the bonds of said city to an amount not exceeding fifty thousand dollars, payable, principal and interest, in the city of New York, and bearing interest, pay able semi-annually, at a rate not exceeding seven per cent. per annum, and becoming due and payable on the first day of April, 1885. All moneys expended from the fund last mentioned, shall be reimbursed annually, from the proceeds of the aforesaid tax, so that the said fund shall be perpetu ally preserved without diminution, to meet the yearly recurring exigency above referred to. The several other orders, ordinances and resolutions of the common council, increasing compensation and rates of payment, passed since the passage of the general appropriation ordinance for the municipal year 1864, are hereby ratified and confirmed, and any money in the city treasury not otherwise appropriated, [ACT FEB. 186 15, 1865. ] AMENDMENTS TO CITY CHARTER. may be applied in payment of the same. Any estimates now or hereafter to be issued by the board of public works for dredging the harbor, under a contract with Messrs. Fox and Howard, entered into July 17th, 1863, are hereby legalized. In case the unappropriated moneys in the treasury should prove to be insufficient to pay said estimates and said increased compensation and rates of payment, the city comptroller is hereby authorized, under the sanction of the mayor and finance committee, to issue and negotiate the bonds of said city to an additional amount, not exceeding thirty thousand dollars, payable, principal and interest, in the city of New York, and bearing interest, payable semi-annually, at a rate not exceeding seven per cent. per annum, and becoming due and payable on the first day of April, 1885, and from the proceeds of said bonds, to pay such deficiency, including any deficiency which may exist in the proceeds of the lamp tax, for the said year 1864. To provide for monthly, or any other payments which shall have been authorized by the common council, and required to be made at any time before the collection of the taxes of any year, the comptroller may, with tihe sanction of the mayor and finance committee, borrow the necessary money for a time, not, longer than the first day of February next thereafter. SEC. 26. The salaries of all city officers, who receive a Salaries fixed compensation for their services, and whose salaries are not definitely prescribed by the city charter, including all officers and employees in the police force and fire department of said city, shall be established by the common council in the annual appropriation bill, or by some ordinance passed prior to the passage of such annual appropriation bill, and the salaries or compensation thus established, shall neither be increased nor diminished by the said common council after the passage of said annual appropriation bill, during the thlen current municipal year, and no extra compensation shall ever be allowed to any such officer or employee in any department of the city government, over and above that provided in manner aforesaid. SEC. 27. All harbor-masters and bridge-tenders in the aarsbts and s e r v i c e of said city, ereafter appointed by tle bridge 187 AMENDMENTS TO CITY CHARTER. board of public works, and shall be required to give such bonds for the faithful discharge of their duties, as said board may prescribe, and shall be removable at the pleasure of the board. Asseisors. SEC. 28. The assessors of said city shall be appointed annually by the mayor, by and with the advice and consent of the common council, on the first Monday in March, or within thirty days thereafter. Any provision in the act to which this is an amendment, conflicting with this section, is hereby repealed. (Further provision as to apointment of assessors, Sec. 1, 1post, 191.) School tax. SEc. 29. The common council shall have power annu ally to levy and collect a school tax, not exceeding three mills on the dollar, on the assessed value of all real and personal estate in the city, made taxable by the laws of this State, to meet the expenses of purchasing grounds for school-houses, and building and repairing school-houses, and supporting and maintaining schools; and the second clause of the first section, of chapter eight, of the act of which this is an amendment, is hereby repealed. The board of education are hereby authorized, unless prohibited by the common council, to continue the public schools during the remainder of the present fiscal year, notwithstanding any deficiency in the appropriation heretofore made, and taxes levied for that purpose; and, to provide for the expense thereby incurred, the comptroller may, with the sanction of the mayor and finance committee, borrow the necessary money, which shall be repaid out of the school tax for the year 1865. Schnool SEc. 30. It shall be the duty of the school agent to agent report. report to the president of the board of education, on the first day of each month, the condition of the school fund derivable from all sources, specifying the amount of money on hand, and the amount received and expended during the month just terminated. This report shall be presented to the board at its next regular meeting, and be entered upon its minutes. Schoo con- SEC. 31. The common council may, upon the applicastruction bonds. tion of the board of education, provide by ordinance for [ACT FEB. 188 15, 1865.] AMENDMENTS TO CITY CHARTER. the issue and sale, within four years from the first day of January, 1865, of not to exceed one hundred bonds of said city, of the denomination of one thousand dollars each, payable, principal and interest, in the city of New York, and bearing interest payable semi-annually at a rate not exceeding seven per cent per annum, and becoming due and payable in twenty years from date. Not more than twenty-five of said bonds shall be issued in any single year, and their proceeds shall be used for no other purpose than the construction of school-houses in said city. Said bonds shall be countersigned by the president of the board of education, and shall be known as "school construction bonds." And it shall be the duty of the comptroller to purchase and retire five of said bonds each year, so long as any of said bonds shall remain outstanding. And when they cannot be purchased at less than ten per cent. premium, he shall select five by lot, in the presence of the president of the board of education, for purchase at that price, and the interest on all bonds so selected, shall thereafter cease. All necessary provisions to give effect to the foregoing condition may be inserted in said bonds, and as fast as said bonds shall be purchased and retired, the comptroller shall report the numbers of the same to the board of education, and the same shall be entered upon their regular minutes. SEC. 32. No expenditure of money or increase of lia- Board of education. bilities, and no new text books shall be ordered or authorized by the board of education, except at a regular meeting, and with the concurrence of a majority of the members of the entire board, upon a call of the yeas and nays. SEC. 33. The common council may provide by ordi- bRgdIStered nance for the substitution of registered bonds, payable to the order of the owner, and assignable only by transfer on the books of the comptroller, for bonds payable to bearer, upon application and request of the owner of any of the bonds of the city; and the common council may provide sdpoeei lein dorsement that by indorsement of the comptroller on any bond payable to bearer, when presented for that purpose by the owner, such bond shall become payable only to the party named in such indorsement, his assignees or legal representatives, anything on the face of such bond to the contrary notwithstanding. 189 AMENDMENTS TO CITY CHARTER. Liq.or SEC. 34. Licenses to sell liquor shall not be granted to licenses. any person but the party in actual possession of the prem ises in which liquor shall be sold; and no license shall be granted to females, except upon the recommendation of a majority of the members of the committee on licenses of said city; and the mayor of said city may, in his discretion, revoke all licenses held in violation of this section, and all licenses held or granted to any person who may be convicted of gambling, immorality, or keeping a disorderly house. And no license shall hereafter be issued or granted to any person convicted as aforesaid, except upon the recommenda tion of not less than six reputable householders, living in the neighborhood of the applicant, and the board of police. Job SEC. 35. The board of public works, the board of eduprinting. cation, and the board of police commissioners, shall have exclusive control and direction of all job printing required in their several departments, respectively, for which appro priations shall have been made by the common council, and shall, in all cases, procure the same to be done by contract with the lowest responsible bidder. This act SEC. 36. This act shall be deemed a public act, and public, and to take shall be favorably construed for all the purposes herein exeffect. pressed in all courts and places, and shall be in full force from and after its passage. Approved February 15, 1865. AN ACT to amend an Act, entitled "An Act to reduce the Charter of the City of Chicago, and the several Acts amendatory thereof, into one Act, and to revise the same," approved February 13th, 1863. SsCTION 1. Divers officers; how appointed. 2. Corporation council and city attor ney; duties. 8. Police court. 4. Board of education. 5. Common schools. 6. Children of adjacent towns may at tend. 7. Provisions of charter extended. 8. Certain sections repealed. 9. School agent. 10. Vacating streets and alleys. 11. Police commissioners; term of office. 12. Police commissioners election. 18. Salaries of police department. 14. Police department; salaries paid monthly; not to receive gifts, etc. SECTION 15. Police force; control and organiza tion. 16. Police force; regulations, qualifica tions and removal; vacancies filled by promotion. 17. Vacancy in board of police. 18. Commissioners of police to give bonds. 19. Mayor no longer member of boards of police and public works. 20. Certain sections repealed. 21. Military equipments under control of board of police. 22. Police tax; town taxes. 23. Board of police to have control of fire department. 24. Fire department; organization. 190 [ACT FEB. 16, 1865.] AMENDMENTS TO CITY CHARTER. Fire department; regulations. Board of police to furnish equipments and instructions. Board of police to furnish estimates of expenses. Assistant marshals to act as fire wardens. Marshal to investigate cause of fires. Provisions of charter extended. Salaries of fire department. Fire engines, houses, etc. Bills of f ire depar tme nt. Records of fire department. Offices of chief and assistant engin eers abolished. Certain sections repealed. Publication in German. Former acts not invalidated. Ordinances, etc., to remain in force. This act public, and to take effect from passage. 191 SECTION 1. Be it enacted by the People of the State of Appint f /menat of Illtnois, represented in the General Assembly, That the fol- divers officers. lowing officers of said city, to wit, the clerk, city physician, fish inspector, sealer of weights and measures, inspectors, gaugers, and weighers, shall be appointed by the common council by ballot, biennially, on the second Monday of May, or as soon thereafter as may be. The bridewell-keeper of said city shall be elected by ballot, by the common council, annually. The assessors of said city shall be appointed annually by ballot by the common council, on the first Monday in March, or within thirty days thereafter. Any provision in the acts to which this is an amendment, conflicting with this section, is hereby repealed. In case the common council of said city shall provide for the appointment of a city auditor, he shall be appointed by ballot of the common council, and may be removed at any time, by a vote of two-thirds of all the aldermen authorized by law to be elected. SEc. 2. The corporation counsel of said city, and the city Dffitis and y ~~~~~office of attorney, shall devote themselves exclusively to the duties corporealtion counsel and of their respective offices, and shall have their office in such citttYrney attorney. place as shall be provided by the common council. Neither of said officers shall be employed in any other business than that which relates to the duties of their offices respectively, during the terms for which they were chosen. SEc. 3. The common council shall have power to pro- Pollecout. vide for the holding of a police court in each division of said city; to designate a justice of the peace to hold each of said courts; to fix places for holding them, and to provide for the appointment of a sufficient number of deputy police court clerks for the same. Changes of venue from a justice of a police court, shall be taken to some other justice of a police court. SEC. 4. The terms of office of the present members of Boarucdat of education. 25. 26. 2T. 28. 29. 30. 81. 82. 33. 34. 85. 86. 37. 88. 89. 40. 192 AMENDMET5 TO CITY CIIATER. L ACT FEB. the board of education shall expire on the second Monday of May next, and the board of education of said city shall con sist of sixteen school inspectors, one to be selected from each ward in said city, to be elected by the common council on the second Monday of May next, or at its next regular meet ing thereafter. The said board shall be divided by lot, in the presence of the common council, into four classes: those of the first class shall vacate their seats at the expiration of the first year; those of the second class at the expiration of the second year; those of the third class at the expiration of the third year; and those of the fourth class at the expira tion of the fourth year; and the common council shall, an nually, in the month of May, after the first Monday thereof, elect four inspectors to succeed those whose term of office expires. SehooIs. SEC. 5. There shall be established in said city, at least one common school in each school district, now or hereafter to be created, and free instruction within their respective districts shall be given in said schools, to all children resid ing within the limits of the city who are over the age of six years, and who may be sent to or attend such school, subject to such rules and regulations as may be established by the common council, or board of education, pursuant to the pro visions of this act, and the act to which this is an amendment. Children of SEC. 6. The board of education shall have power to adjacent towns. admit to the public schools of said city, children residing within those towns of Cook county which immediately adjoin the said city, upon such terms and conditions as said board may prescribe. Charter SEC. 7. All the provisions of the act to which this is extended, an amendment, so far as they relate to schools and the board of education, shall apply with equal force and effect to schools and to the board of education herein pro vided for, except as modified or changed by the terms of this act. Repealing. SEC. 8. Section eleven of chapter two, anti section six teen of chapter thirteen, of the act to which this is an amendment, are hereby repealed. School SEC. 9. The school agent of said city shall be apagent. pointed biennially, by the board of education, by-and [ACT FEB. 192 AMEND3IENTS TO CITY CHARTER. AMfIENDMIENTS TO C[TY CIIARTER. with the advice and consent of the common council, and shall receive such annual salary as shall, from time to time, be fixed by the board of education, subject to the approval of the common council, and before he shall enter upon the duties of his office, he shall execute a bond to the city of Chicago, in such sum and with such securities as the common council shall approve. The school agent so appointed may be removed at any time by the common council, upon the recommendation of said board, and he shall make such reports, from time to time, to the said board and the common council, concerning the condition of the school funds, as they, or either of them, may require. The first appointment of school agent under the provisions of this section, shall be made on the second Monday of May next, or as soon thereafter as may be. SEC. 10. The vacating or closing of any street or alley, ttng . 0 id cit s~~~~~~~~~treets, etc. or portion of the same, in. said city, shall be ordered only by the vote of at least three-fourths of all the aldermen authorized by law to be elected; such vote shall be taken by ayes and noes, and entered on the record of the common c.ounciI. (Further provisions as to vacating streets, alleys, etc., Sec. 1, post, 206.) SEC. 11. The commissioner of the board of police of Poilisle om mis~sioneras; said city, now having the longest term to serve, shall con- term of,f offico tinue in office until the next general election for county officers in the year one thousand eight hundred and sixtyseven, and until his successor shall be elected and qualified. The other two commissioners of the board of police of said city shall continue in office until the day of the general election for county officers, in the year one thousand eight hundred and sixty-five, and until their successors shall be elected and qualified. SEC. 12. At the general election, in the year one thou- lection. sand eight hundred and sixty-five, for county officers, there shall be elected by the qualified voters of Cook county, two commissioners of the board of police, as successors to those whose term of office will then expire by the provisions of the foregoing section; and the commissioner so elected from the north division of said city, shall continue 13 16, 1865.]. 193 i AMENDM ENTS TO CITY CHARTER. in office for six years, and the commissioner so elected from the south division of said city, shall continue in office for four years, and until their successors shall be elected and qualified; and at the general election for county officers in the year one thl)ousand eight hundred and sixty seven, and biennially thereafter, there shall be elected by the qualified voters of said county, one commissioner of said board of police, as successor to the commissioner whose term of office will then expire by the provisions of this act, who shall hold his office for the term of six years. The residence and qualifications of the said commissioners of the board of police, shall be the same as are now pro vided by law. Salaries. SEC. 13. The said commissioners shall receive an an nual salary of twelve hundred dollars each, and the pres ident of the board shall receive an additional sum of three hundred dollars per anntum. The superintendent of police shall receive an annual salary of not less than eighteen hundred dollars, nor more than tweitty-five hun dred dollars. The deputy superintendent shall receive an annual salary of not less than fifteen hundred dollars, nor more than two thousand dollars. Each captain;f police shall receive an annual salary of twelve hundred dollars. Each sergeant shall receive an annual salary of nine hundred dollars. Each patrolman shall receive an annual salary of not less than six hundred dollars and not more than eight hundred dollars. Within the limits pre scribed, the board of police commissioners, with the con currence of the common council, shall have power to establish the salaries of the officers enumerated in this section Paid t1 SEC. 14. The salaries shall be paid out of the city treasmonthly. ury, monthly, to each person entitled thereto. No member of the board of police, or of the police force, shall receive or share in, for his own benefit, under any pretense whatever, any present, fee, gift or emolument for police service, other than the regular salary and pay provided by this section, except by the unanimous consent of the board of police; Not to nor shall any such member receive or share in any fee, gift receive gifts, etc. or reward, from any person who may become bail for the 194 [ACT FEB. AMENDMENTS TO CITY CHARTER.u appearance of any arrested, accused or convicted person, or who may become surety for any such person on appeal from the judgment or decision of any court or magistrate; or any fee, gift or reward, in any case, from any attorney at law, who may prosecute or defend any person arrested or prosecuted for any offense within the county of Cook; nor shall any such member directly or indirectly interest himself, or interfere, in any manner whatever, in the employment or retainer of any attorney to aid in the defense of persons arrested or accused; and for any violation of either of the foregoing provisions, the officer so offending shall be immediately removed from office. SEc. 15. The duties of the police force shall be exe- PoitreI ant cuted under the direction and control of said board, and organization according to rules and regulations which it is hereby authorized to pass from time to time, for the more proper government and discipline of its subordinate officers, and the police force of said city. The said force shall consist of a general superintendent of police, one deputy superintendent of police, three captains of police, sergeants of police not exceeding twelve, and as many police patrolmen, not exceeding two hundred, as may be authorized by the common council, on the application of the board of police commissioners, and each patrolman so appointed shall hold office only during such time as he shall faithfully observe and execute all the rules and regulations of said board, the laws of the State, and the ordinances of the city: Provided, That for incompetency, neglect of duty, or other sufficient cause, the said board may at any time remove the superintendent and deputy superintendent of police, or the fire marshal and assistant marshals. SEC. 16. The qualifications, enumeration and distribu- Regulations. tion of duties, mode of trial and removal from office, of each officer of said police force, shall be particularly defined and prescribed by rules and regulations of the board of police; nor shall any person be appointed to, or hold Qiullilna' ttons. office on the police force aforesaid, who is not a citizen of the United States, or who shall not have resided within the State of Illinois two years next preceding his appointment, or who shall ever have been convicted of crime; and pro 16, 1865.] II 0 r A31END31ENTS TO CITY CHARTER. Removal. vided that no person shall be removed therefrom except upon written charges preferred against him to the board of police, and after an opportunity shall have been afforded him of being heard in his defense; but the board of police shall have power to suspend any member of the police department of the city, pending the hearing of the charges preferred against him; and provided that whenever any vacancy shall occur in the office of captain of police, the Vacncies same shall be filled by an appointment from among the promotion. persons then in office as sergeants of police, and a like vacancy in the office of sergeant of police, shall be filled by appointment from among persons then in office as police patrolmen. bonacrancY in SEC. 17. Should a vacancy occur at any time in the said police. board of police commissioners, it shall be filled by the appointment of the board of supervisors of said county, until the next annual election for county officers, when the qualified voters of said county may, as in other cases, fill such vacancy by an election of a successor, who shall hold his office for the unexpired term. Commissioners to SEC. 18. Each of the commissioners of police of said give bond..plc g bond city shall, on or before the first Monday of May next, give bonds to said city in the sum of twenty-five thousand dol lars, conditioned for the faithful performance of their duties as commissioners, under the provisions of this act; said bonds to be filed and approved as now required by law; and in case of the failure of any commissioner to comply with the requirements of this section within the time above provided, his office of commissioner shall be deemed vacant, and shall be filled as in this act provided. Mayor not SEC. 19. From and after the passage of this act, the member of boards, etc. mayor of said city shall cease to be in any manner a mem ber of the board of police, and of the board of public works of said city. R,epealing. SEC. 20. Sections six, seven and eight, of chapter ten, of the act to which this is an amendment, are hereby repealed. Milipmtenaryt. SEc. 21. All fire-arms and military equipments belongequipments ing to said city, shall be under the custody and control of the sad board of police. [ACT F.F-B. 1 9 C) AMEiND31ENTS TO CITY CHARTER. SEC. 22. The common council shall have power to Police tax. annually levy and collect a tax not exceeding three and one-half mills on the dollar, on all the taxable real and personal estate in said city, for the police expenses of said city; and the third clause of section one, of chapter eight, of the act to which this is an amendment, is hereby repealed. It shall be lawful to levy a tax for town pur- Town tax. poses, in any year, in the towns of West Chicago, North Chicago and South Chicago, for any amount not exceeding the sum of fifteen hundred dollars. SEC. 23. The board of police of said city shall assume Fire depart menat. and exercise the entire control of the fire department of said city, and shall possess full power and authority over its organization, government, appointments and discipline, within said city. It shall have the custody and control of the engine-houses, engines, hose carts, trucks, ladders, horses, telegraph lines, and all other public property and equipments belonging to the fire department. SEc. 24. The fire department of said city shall consist O?rO,aiz tio~n. of a fire marshal, and assistant marshals not exceeding three, and as many competent, able and respectable citizens of said city as shall be appointed by the board, to be known as the fire police, wvho shall, uilnder the direction of said board, have the care and management of the engines, apparatus, equipments, engine-hiouses, and other property used and provided for the extinguishment of fires: Provided, That the common council may limit the number of the fire police. The said offices of marshal and fire police, hereby created, shall be severally filled by the appointment of said board. It shall promulgate all regulations and orders relating, to the fire department, through the fire marshal, and it shall be the duty of the subordinate officers and the fire police, to respect and obey the said marshal as the head and chief of the department, subject to the rules, regulations and general orders of the board. SEc. 25. The duties of the respective members of the Regula tions. fire department shall be defined by said board, and executed under its direction and control, and according to rules and regulations which it.is hereby authorized to pass from time to time, for the more proper government and discipline of the 167 1865.] 197 AMENDMENTS TO CITY CHfARTER. members of the fire department; and the said board may im pose reasonable forfeitures upon them for a violation of the same, and, for incapacity, neglect of duty or misconduct, may remove them, or either of them. Equipments SEC. 26. The board shall furnish the fire police with and instructions. necessary equipments, and give them requisite instruction, so that in ease of risk or sudden emergency, or whenever the board may deem it necessary, they may be called to the assistance of the regular police, and when so employed, they shall possess all the powers and privileges of the patrol police. Estimatese SEC. 27. It shall be the duty of the board of police to of expenses. prepare and submit to the comptroller, on or before the first day of May, in every year, an estimate of the whole cost and expenses of providing for and maintaining the fire de partment of said city during the current fiscal year, which estimate shall be in detail, and shall be laid by said comp troller before the common council, with his annual estimate. Fire war- SEC. 28. The said board may require the assistant mardens.reur shals of the fire department to act as fire wardens, and while so acting, it shall be their duty to examine all build ings and enclosures, to discover whether the same are in a dangerous state, and to report to the board all violations of the charter or ordinances of said city in relation to the pre vention or extinguishment of fires. Firemar- SEC. 29. The board shall have power, in its discretion, shal to Investigate to direct the fire marshal to inquire into and investigate the cause of dfres. cause of all fires which may occur in the city, as soon as may be after they occur, and to keep a record of his pro ceedings, and of the evidence in each case, and to file the same, or a copy thereof, in the office of the board. iHe shall have power to compel the attendance of any person in said city, to testify upon oath concerning any fire in said city, under such penalty as the common council may pro vide, and he is hereby authitlorized to administer oaths to all such witnesses. IHe shall be required to use his utmost exertions in the discovery, arrest and conviction of all incendiaries, and perform such other duties as the board may prescribe. (Charter SEC. 30. The provisions of sections seven and eight, of extended. 198 ACT FEB. AMENDMENTS TO CITY CHARTER. chapter twelve, of the act to which this is an amendment, are hereby extended to and made applicable to the fire police, to the same extent that they are now applicable to firemen. SEC. 31. The said fire marshal shall receive an annual salaries salary not exceeding twenty-five hundred dollars, nor less than eighteen hundred dollars. The assistant fire marshal shall receive an annual salary not exceeding twelve hundred dollars, and each member of the fire police shall receive an annual salary not exceeding seven hundred and twenty dollars: Provided, That such members of the fire police who may act as engineers of steam fire engines, may be paid an annual salary not exceeding one thousand dollars. Within the limits prescribed by this section, the said board, with the concurrence of the common council, shall have the power to fix the salaries provided for by this section. SEC. 32. The said board shall, firom time to time, as it Apparatu,. may be authorized by the common council, procure fire engines and other apparatus used for the extinguishment of fires, and the common council shall procure fit and secure engine-houses, for keeping and preserving the same. And the said board shall, at the cost of the city, furnish all necessaries and supplies for the engines, houses and apparatus, and cause all necessary repairs to be made, so that the fire department may at all times be in an efficient condition. SEc. 33. All bills of the fire department shall be ap- BiIn how, proved by the board, and shall be paid only upon the paid. warrant of the comptroller, countersigned by the mayor and president of the board. SEC. 34: A full and complete record of the proceedings Repoot and report. of the board, so far as the same relates to the fire department, shall be kept in a book expressly for that purpose, and the said board shall, on or before the first Monday in April, in each year, make a full report in writing, to the common council, of the condition of the fire department SEC. 35. The office of the chief engineer and assistant Offce8 abolished. engineers of the fire department of said city are hereby abolished, and the present chief engineer and assistants shall act as fire marshal and assistant fire marshals, respec 161 1865.] 199 200 AMENDMENTS TO CITY CHARTER. [ACT FEB. tively, under the direction of the board, as herein provided, for the term for which they were elected. Repealing. SEC. 36. Sections three (3); four (4), five (5), and six (6), of chapter twelve, of the act to which thlis is an amend ment, and all other acts or parts of acts inconsistent here with, are hereby repealed. Gwpaerman SEC. 37. The proceedings, notices and ordinances of said city, and the departments thereof, may be published in the newspaper printed in the German language, having the largest daily circulation in said city, as fully as they are now required to be published in the corporation newspaper: Provided, That in no judicial or other proceeding shall the publication in such German paper be called in question, either as to the fact of its publication or the correctness thereof. rEffect of SEC. 38. This act shall not invalidate any legal act done this act. by the common council of the city of Chicago or by its officers, nor divest their successors, under this act, of any rights of property or otherwise, or liability, which may have accrued to, or been created by said corporation, prior to the passage of this act. Same. SEC. 39. All ordinances, regulations and resolutions now in force in the city of Chicago, and not inconsistent with this act, shall remain in full force, under this act, until altered, modified or repealed by the common council, or other com petent authority, after this act shall take effect. Public act, SEC. 40. This act shall be deemed a public act, and alnd take effecet. shall take effect and be in force from and after its passage. Approved February 16, 1865. AN ACT to provide Sanitary Measures and Health Regulations for the City of Chicago, and to provide for the appointment of a Health Officer for the City of Chicago. Sic rlom 1. Dead hogs to be removed four miles from the city. 2. Rendering offensive matter not to be within four miles of the city. 8. Rendering machinery. 4. Drains and privies. 5. Health officer. 6. Penalty for violating first section. 7. Penalty for violatine fourth section. 8. Penalty for violating third section. SECTION 9. Penalties; how recovered. 10. State's attorney to prosecute. 11. Penalty and proceedings for violating second section. 12. Penalty and proceedings in other cases of nuisance. 13. Ordinances as to nuisances to remain in force. 14 This act public, and in force from passage. 16, 1865. TTiAYTTT T(4TTT~ 201 SECTION 1. Be it einacted by the People of the stcate of Illinois, represented in the Genercal Assembly, That it shall be the duty of all person or persons, corporation or corpora- Dead hogs, etc. tions, having the ownership or control of dead, undressed, unslaughtered hogs, cattle, or other animals or animal matter, within the city of Chicago, or within four miles of the limits of said city, to remove the same within twenty- Removal. four hours of their arrival within the above described locality, to some point not only out of the city of Chicago, but beyond the distance of four miles fromnt the limits of said city; and in case the person or persons hleaving owilership, control or possession of such dead animals shall fail so to remove them within the time specified, it shall be the duty of the health officer of Chicago to take immediate possession of and remove the same. SEc. 2. No person or persons, corporation or corpora- Rendering, tions, shall render or try out any dead, undressed hogs, cattle or other animals, or any decayed, putrid or unsound animal matter, either in the city of Chicago, or within four miles of the limits of the same; nor shall it be lawful for the common council of the city of Chicago, or any other board or body, to license, authorize or permit establishmnents for the above described business within the limits af(oresaid. SEC. 3. No person or persons, corporation or corpora- Macltnery. tions, shall render or manufacture any lard, tallow or soapgrease within the limits of the city of Chicago, without adopting such measures, in the way of condensers and other machinery, "to the end" of preventing unwholesome and disagreeable odors, as the health officer of the city of Chicago may direct. SEC. 4. The owner, agent or occupant having the charge Drriavins and ' ~~~~~~~~~~~~~~privies. of any tenement used as a dwelling, or for lodging purposes, within the city of Chicago, shall furnish the same with a sufficient drain, under ground, to carry off waste water, and also with a suitable privy, sufficient for the accommodation of all who may use it; iior shall the contents of any vault be allowed to accumulate within twelve inches of the even surface of the ground, or otherwise being offensive. SEC. O. It shall be the duty of the board of police com- Hiealth ~missioners of the city of Chicago,?~ to appoint some person 16) 1865.] 201 HEALTH r,,EGUL..iTIONS OT'IIER LAWS AFFECTING THE CITY. [ACT FEB. who shall be known as health officer of the city of Chicago, and whose duty it shall be to see that all ordinances and laws affecting the health of the city, are enforced, and who shall be liable to be removed from office by a majority of said board, and who shall be paid out of the police fund such salary as the said board may direct; and it shall be the duty of the police commnissioners at all times to detail a sufficient police force to enable the said health officer to enforce the provisions of this act, as well as all health ordi nances of the city of Chicago. It shall be the duty of the common council of Chicago to provide sufficient funds to enforce the provisions of this act. Penalty. SEC. 6. Any person or corporation violating the pro visions of the first section of this act, shall be liable to a fine of one hundred dollars for each offense. Penalty. SEC. 7. Any person or persons neglecting to comply with the provisions of section four of this act, shall be liable to a fine of twenty-five dollars for failing to comply with the same within a reasonable time (not to exceed thirty days) after notice from thb health officer of the city of Chicago, and a fine of five dollars for every day's neglect and failure thereafter to comply with the provisions of said section four. Penalty. SEC. 8. Any person or persons, corporation or corpora tions, neglecting or refusing to comply with the provisions of section three of this act within a reasonable time (not to exceed thirty days) after being notified by the health officer of the city of Chicago to comply with the same, shall be liable to a fine of one hundred dollars, and fifty dollars per day for every day thereafter that he or they shall so refuse or neglect to comply with the provisions of said section third. HllOWvr SEc. 9. The penalties provided for in this act shall be recovered. recovered in an action of debt, to be brought in the name of the People of the State of Illinois, against the party offending, in any justice court or court of record in the county of Cook; one-half of the penalty or penalties shall go to the informer who may institute and prosecute such action, and the other half of such penalty shall go to the city of Chicago. SEC. 10. It shall be the duty of the State's attorney for 202 I 16, 1865.] HEALTH REGIJLATION8. 203 the county of Cook to institute and prosecute actions for States Iattorney to all offenses under the act which shall come or be brought proseoute, to his knowledge, and when so instituted and prosecuted by him, hle shall be entitled to one-half of such penalty as his fees, the other half going to the city of Chicago. SEC. 11. Any person or persons violating the second Pe,alty d proceedings. section of this act, shall be liable to a fine not less than one hundred dollars per day for every day they shall continue in violation of the same; and it shall be the duty of the health officer of said city of Chicago to at once enter upon and take possession of the premises and fixtures of said person so violating, and when said prohibited business is being conducted, and immediately thereafter file with the State's attorney for Cook county a sworn statement or complaint, setting forth facts of such seizure, and describing the premises seized, together with the name or names of the owner or owners thereof, and thereupon the State's attorney shall at once file an information in any court of record for the city of Chicago or county of Cook, in the name of the People of Illinois, and against the person or persons owning said establishment, and said information shall be tried and determined in the court where the same has been filed, with all convenient speed, giving the same precedence of all but criminal business in said court; and if the person or persons so charged in said information shall be adjudged guilty, then, in addition to the fine herein provided for, the costs shall be taxed against the defendant or defendants in said information, and the court shall issue a writ of injunction perpetually enjoining said establishment, and the owner or owners thereof, from renewing or continuing the said prohibited business. And it shall be the duty of the State's attorney to file an information against any person or persons owning or running any such establishment, upon the sworn complaint of any three citizens and free holders of Chicago, and immediately upon the filing of the same, the court where the same may be filed shall issue process directed to the health officer of Chicago, or to the sheriff of Cook county, authorizing and requiring them, or either of them, to enter upon and seize the premises and fixtures where such business is being done, and retain pos 1611865.] 203 HEALTI-I REGULATIONS. OTHER L AWS AFFECTING TITE CITY. Further provisions as to proceedings in case of nuisance. session of the same until a trial upon said information shall be had, as in this act before provided; and if the parties so charged shall be adjudged to be guilty, a writ of inljunction shall issue from said court, perpetually enjoining said parties from renewing or continuing said business, but if adjudged not guilty, the premises and fixtures shall be restored to the owner or owners thereof. SEC. 12. If any person or persons, corporation or corpo rations, shall be engaged in rendering any dead animals, or grease of any description whatever, or in the manufacture, preparation or storage of any offal, blood or any other animal matter, or in the slaughtering or feeding of any animals, or in any other business tending to produce noxious or unwholesome matter, within the city of Chicago, or withiny four miles of the limits thereof. in such a manner as to create unwholesome or offensive odors, it shall be the duty of the State's attorney for Cook county, upon a complaint in writing, and under oath, flied with him, made by the health officer of said city, and whose duty it shall be, having knowledge of the fact, to make such complaint, upon like comnplaint made by any three residents and freeholders of Chicago, said complaint to set forth the fact of the carrying on of a business producing unwholesome, noxious or offensive odors, together with a description of the premises where the same is conducted, and the name or names, if the same can be ascertained, of the person or persons conducting such business, to file an information, in the name of the People of Illinois, in any court of record in and for the city of Chicago or county of Cook, against said establishment, or the persons carrying on the same; and immediately upon the filing of such information, process shall issue from the court whence such information shall be filed, directed to the health officer of the city of Chicago, or to the sheriff of Cook county, authorizing and requiring them, or either of them, to take possession of the premises and fixtures where such business is being conducted, and retain possession of the same until a trial of said information shall be had, and to summon the person or parties in said information named, so to appear and answer the same forthwith. And it shall be the duty of [AOT FFB. 204 16,1865.] HEALTH iEGULATIOS. 2'05 the court in which such information may be filed, to proceed to the hearing of said information as soon as may be, giving the same precedence of all other causes, except criminal business; and if, upon the hearing of said cause, the person or persons against whom said information shall be filed, shall be found guilty as in said information charged, they shall be adjudged to pay the costs and fine of not less than one hundred dollars, nor more than five hundred dollars, and the court shall issue a writ of injunction, perpetually enjoining him or them from continuing such business in any offensive or injurious manner. In case the parties so charged shall not be found guilty, the property seized shall be at once restored to thiem. If in any case prosecuted under thlie eleventh and twelfth sections of this act, there existed probable cause for the complaint or seizure, it shall be the duty of the court to so certify, and no action shall then lie against the party or parties making such complaint or seizure, and in that case the costs shall be paid by the city. SEC. 13. All ordinances heretofore passed by the com- Ordinances remain in mon council of said city, and now in force in relation to force. the abatement of nuisance, shall continue in full force and eflect until altered, amended or repealed by thie said common council, except so far as the provisions thereof may be inconsistent with the provisions of this act; and it shall be the duty of the common council to pass, from time to time, all such additional ordinances and regulations as may be found necessary or expedient for the carrying out of the objects of this act. SEC. 14. This act shall be deemed a public act and be PbiriaC,t, *and take in force from and after its passage. effect. Approved February 16, 1865. 16, 1865.] 205 HEALTHI REGULATIONS. OTHER LAWS AFFECTING THE CITY. [ACT FE,B. AN ACT in relation to the Vacation of Streets, Squares, Lanes, Alleys, and Highways. SECTION SECTION 1. Street, etc., how vacated, and effect 2. This act to take effect from passage. thereof. Street, etc., SECTION 1. Be it enacted by thePeopleof the State of Jllivacated. nois, represented in the General Assembly, That when any street, square, lane, alley, highway, or part thereof, shall have been or may hereaffer be vacated, under or by virtue of any act or acts of this State, the lot or tract immediately adjoining shall extend to the central line of any such street, square, lane, alley, highway, or part thereof, so vacated, unless otherwise specially provided in the act vacating the How same: Provided, That the common council of any city in this vacated. State shall not have power to vacate or order closed any street or alley, or portion of the same, unless such vacation shall be ordered upon the vote of at least three-fourths of all the aldermen of said city, authorized by law to be elect ed; such vote to be taken by ayes and noes, and entered on the records of the common council. When act to SEC. 2. This act shall be in force and take effect from take effect. and after its passage. Approved February 16, 1865. AN ACT to provide for the Completion of the Illinois and Michigan Canal upon the plan adopted by the State in 1836. SECTION SECTION 1. Deepening canal. 4. Amount expended to be a lion on 2. Capacity of; navigation not to be oh- canal. structed. 5. State may pay off lien. 8. Power of condemnation. Preamble. Whereas, It has been represented that the city of Chicago, in order to purify or cleanse the Chicago river, by draw ing a sufficient quantity of water from lake Michigan directly through it and through the summit division of the Illinois and Michigan canal, would advance a suffi cient amount of funds to accomplish this desirable ob ject; and 0 16, 1865.] DEEPENING ILL. AND MICHi. CANAL. WhTereas, The original plan of the said canal was to cut down the summit so as to draw a supply of water for navigation directly from lake Michigan, which plan was abandoned for the time being, after a large part of the work had been executed, only in consequence of the ina bility of the State to procure funds for its further prose cution; and Whereas, Under the law creating the trust, the plan of the summit division of the canal was changed, the level being raised so as to require the principal supply of water to be obtained through the Calumet feeder, subject to serious contingencies, and by pumping on to the summit with the hydraulic works at Bridgeport; now, therefore, SECTION 1. Be it enacted by the People of the State Of deepeintedobo Illinois, represented in the General Assemnbly, That to secure the completion of the summit division of the Illinois and Michigan canal upon the original "deep cut" plan, with such modifications and change of line, if necessary, as will most effectually secure the thorough cleansing or purification of the Chicago river, and facilitate the execution of the work, the city of Chicago, through its constituted authorities, may at once enter into an arrangement with the b)oard of trustees of said canal with a view to the speedy accomplishment of the work. SEC. 2. The canal shall not be constructed of a less Capacity of; navigation capacity than the plan adopted by the canal commissioners oit to be in 1863, nor shall the work of deepening it be prosecuted so as to materially interfere with the navigation. By consent of the board of trustees, however, the navigation may be opened later and closed earlier than usual in former years, but it shall never be diminished to a less time than six months. SEC. 3. It shall be lawful for the city of Chicago to Power of condemnaenter upon and use any lands which may be necessary for tion the right of way for said canal, if the route should in any part vary from the present line of canal, and to take and use any materials of any description necessary for the prosecution of the work contemplated along the line thereof, the 207 208 OTI1ER LAWS, ET [AcT FEB.16, 1865. value of the same to be determined in the mode provided by the general laws of this State. Amount SEC. 4. The amount expended by the city of Chicago expended lien on. in deepening the summit division of the canal, according to the plan adopted by the canal commissioners in 1836, shall be a vested lien upon the Illinois and Michigan canal and its revenues, after the payment of the present canal debt, and the next revenue of the canal shall all thereafter be applied to the payment of the principal and interest of the sum expended in accomplishing the object of this act, until the whole amount is reimbursed to the city: Provided, The cost shall not exceed two and a half millions of dollars. How SEc. 5. The State of Illinois may at any time relieve Telieved. this lien upon the canal and revenue, by refunding to the city of Chicago the amount expended in making the con templated improvement and the interest thereon. Approved February 16, 1865. [ACT FEB. 1 67 1 8 6 5. 2,08 OTIIER LAWS, ETC. AN ORDINANCE FOR REVISING AND CONSOLIDATING THE GENERAL ORDINANCES OF THE CITY OF CHICAGO. WHEREAS, It is expedient that the general ordinances of this city should be consolidated, and arranged in appro priate chapters and sections; that omissions should be supplied, and defects amended; and that the whole should be rendered plain, concise and intelligible; therefore, Be it ordained by the Common Council of the Oity of Chicago, in manner following, that is to say: t CHAPTER I. ATTORNEY SECTION 1. City attorney to report to common counci, SECTIoN 1. In addition to the other duties of the city Report to ~council. attorney, it shall be his duty, in the months of January and July, in each and every year, to report in writing to the common council a list of all suits instituted and pending in courts of record in which the city of Chicago is plaintiff or defendant, in which report shall be stated the names of all defendants and plaintiffs, the nature of the actions, the date of the commencement, and the several steps that may have been taken in court during his term of office to bring such suits to final issue, to be accompanied with such explanatory remarks as said attorney may see fit to append - to the end that the common council may be kept more fully advised as to the legal affairs of the city. He shall also attach to his said report a list of all such cases as may have been disposed of during his term of office and sqibseruent 14 210 REViSED oRDiNAncE. [cH. to his last report, together with their results: said reports shall be made up to the first days of January and July in each year. CHAPTER II. AUCTIONS. SECTION SECTION 1. Auction sales of goods, etc., by 4. Duties on sales; accounts; penalty. licensed auctioneers; license; 5. Accounts to be on oath. charge; bond. 6. Exemption from duties. 2. License, application for, and transfer. 7. Fee and duty of comptroller. 8. Penalty for selling without license. 8. Sales in streets, etc.; penalty. Licensed SECTION 1. All sales of goods, chattels, or personal auctioneer. property, at public auction, except such as are made under and by virtue of legal process, within said city, shall be made by an auctioneer, his copartner or clerk, who shall first have obtained a license, under the hand of the mayor and seal of the city, and shall-also have paid therefor, to Charge. the collector, at the rate of fifty-two dollars per year, and no other fees, and shall have executed a bond to said city, with security to the satisfaction of the mayor, in the penal Bond. sum of one thousand dollars, conditioned for the payment of all duties that are or may be imposed, by this chapter or any subsequent ordinance, on sales made by him, or by any person for or under him; said license to be in force until the first day of May next after the date thereof. Application. SEC. 2. Every person who may wish to obtain a license as above mentioned, shall apply in writing for the same to the mayor, setting forth therein the por )sed plate of basiness, and the name or names of his sect uLy or securities; and in Transfer. no case shall the said license be transferable, or the place of business changed, except by leave of the council. Penalty. SEC. 3. Any person or persons who shall sell, or attempt to sell, at public auction, in said city, any goods, chattels or personal property whatever, except under and by virtue of legal process, without first having obtained a license there for as above required, shall forfeit and pay for each offense the sum of fifty dollars. Duties. SEC. 4. A duty of one per cent. shall be assessed and paid to the collector on the first days of August, Novem ber, February and May, upon all sales of goods, chattels, 210 [CH. REVISED ORDINANCE. 2.] AUCTIONS. 211 and personal property, made by an auctioneer as aforesaid, during the preceding quarter year; and each auctioneer shall at the same times render an account to the comptroller, Accounts. of such sales, and the duties that accrued thereon, accom panied by the receipt of the collector for such duties, and for a failure to do so, for the space of ten days after the expir ation of the quarter, his license may be declared forfeited, and he shall be subject to a further penalty of five dollars Penalty. for each and every day such duties and accounts shall be withheld. SEc. 5. Every account rendered shall have an oath or affirmation attached thereto, signed by the said auctioneer, Oath. his copartner or clerk, settifig forth, in substance, that the same contains a true and accurate statement of the amount of all sales at public auction, made by said auctioneer, or by any one for his benefit, with the duties thereon imposed by the city of Chicago, and that no misrepresentations, subter fuges or deceits have been used by them, whereby to defraud the said city, either in the sales made, or the accounts so rendered. SEC. 6. The following described articles shall be exempt Exemption. from duty, and shall be so marked in the accounts rendered by auctioneers, viz.: first. Ships and vessels, utensils of husbandry, and neat cattle and horses. Second. Articles that belong to the United States. Third. The effects of a deceased person, when sold by order' of thet'xecutor):?;-ministrator or any court, and the effects of any bankrupt-b insolvent, when sold by order of the assignee. Fourth. All goods damaged by water transportation, if sold within twenty days after they have been landed, and sold for the benefit of the owners alone, and not insured, which shall appear by affidavit. SEC. 7. The comptroller shall receive for the use of the F,e. city twenty-five cents for filing and examining each quarterly return, and shall report the same to the council at the Report. next meeting after such return, and furnish the names of the delinquents, for each quarter, to the city attorney for prosecution 2.] 211 AUCTIONS. 212 REVISED ORDINANCE. [OH. Sales in SEc. 8. Any auctioneer, or other person, who shall sell, street. attempt to sell, or cry for sale at public auction within any of the streets, alleys or commons of the city of Chicago, (unless by the written permission of the mayor,) any horses, mules or cattle, or any wagon, carriage, or other vehicle drawn by any or either of the animals aforesaid, shall be deemed guilty of a nuisance, and of obstructing the streets Penalty. of said city; and upon conviction shall be subject to a fine of not less than five nor more than twenty dollars for each offense. CHAPTER III. BOOT BLACKS. SECTION 1. Boot blacks to be licensed. 2 Mayor to license; charge. 3. License to expire, when; badge. SECTION 4. Clerk to keep register. 5. Penalty for violating this chapter. License SECTION 1. No person shall follow the calling of a boot required. or shoe black in any of the streets, alleys or public places in the city of Chicago, without first having obtained a license so to do. License. SEC. 2. The mayor is authorized in his discretion, to license under his hand, attested by the clerk and city seal, any person who may apply to him therefor, to black boots and shoes in the streets, alleys, or other public places, upon Charge. the payment of fifty cents, and no other fees, for each and every license so granted. Lice.nse SEC. 3. Every license granted under the provisions e~xpire. hereof, shall expire on the first day of October after the date thereof, and every person licensed as aforesaid, shall wear, while exercising his vocation, conspicuously on the left Badge. breast, ametallic badgewiththewords "BootBlackNo. -."7 Register. SEC. 4. It shall be the duty of the clerk to keep a register of the name, residence,.and number of the license, of every person so licensed. Penalty. SEC. 5. Any person who shall violate, or fail to comply with any of the provisions of this chapter, upon conviction thereof, shall be subject to a fine of not less than one [Cir. 212 REVISED ORDINANCE. BOOT BLAOCKS - BRIDEWELL. dollar, nor more than five dollars, for each and every offense, and in the discretion of the mayor, shall have his license revoked. CHAPTER IV. BRIDEWELL. SEOTION 1. Bridewell established. 2. Keeper to have custody, rule, etc. 8. To receive, and keep at labor, persons committed. 4. To keep record and copy of commit ments. 5. Further duties of keeper. 6. To adopt, read and enforce rules of discipline. 7. Penalties to persons committed, for various offenses. SECTION 8. To arrest persons interfering with discharge of his duties; penalty. 9. Mayor and committee on bridewell to visit. 10. Police to return mittimus to comp troller. 11. Comptroller to keep record. 12. Treasurer to receive fines; comp troller to certify for discharge. 13. Persons released only on certificate. 14. Keeper to report to comptroller monthly. SECTION 1. The buildings and enclosures erected and BridewIIel established. now standing, or that may be erected on the south half of block numbered eighty-seven, in the school section addition to the original town of Chicago, together with the said south half of block eighty-seven, situate and lying within the city of Chicago, are constituted and established a bridewell for the said city; and any buildings and enclosures that may hereafter be erected on any lot or lands, purchased, owned or leased by tlte city of Chicago for the purposes of a bridewell, whether within or without the limits of said city, shall be subject to the conditions and provisions of this chapter. SEC. 2. The keeper of the bridewell shall have the Keeper to have custody, rule, charge and keeping of the bridewell, and custody, etc. of all persons committed thereto, under the supervision and direction of the mayor and common council. SEC. 3. It shall be the duty of the keeper of the Persons committed. bridewell to receive into the said bridewell such persons as may be committed thereto by any criminal court or magistrate, in and for the city, and none others; and he shall keep such persons at labor, or otherwise, according to Labor. the respective sentences or commitments of such persons, in such manner as the mayor and committee on bridewell or the common council shall from time to time direct. SEC. 4. The keeper of the bridewell shall keep a re- Record. cord, in which he shall enter the name of every person 3 - 4.] 213 -1. 14 REVISED ORDINANOE. [OH. committed to said bridewell, the nature of the offense, by whom and when committed, and the date when and how, and by what authority discharged; and he shall carefully preserve a copy of every order or warrant of commitment. Clean. SEC. 5. The bridewell shall at all times be kept clean and in good order, and in a healthy condition, and the prisoners confined therein shall be furnished with a suffiFood. cient supply of good and wholesome food, three times each day; and it shall be the duty of the keeper of the bridewell to see that this section is strictly complied with, and be present at the bridewell during the: business hours of each and every day, actively supervising the same, except when the legitimate duties of his office require his absence. Discipline. SEC. 6. The keeper of the bridewell may adopt rules of discipline, to be approved by the mayor and committee on bridewell. He shall read said rules to each person committed, at the time of his or her reception, and it shall be the duty of said keeper to enforce rigidly such rules, and to maintain toward persons under his charge a uni formly humane and dignified deportment. Escape. Ecape. SEc. 7. Every person committed to the bridewell shall obey the keeper thereof in all his lawful commands, and shall not molest or hinder him in the discharge of his duty, and shall not escape nor attempt to escape, or assist others to escape or attempt to escape therefrom, or destroy or injure any property appertaining to the bridewell; and shall not transgress or violate the rules of discipline or Penalty. any of them. Any person violating this section shall be fined not exceeding one hundred dollars, and imprisoned not exceeding ninety days, or either, in the discretion of the magistrate or court convicting. Interfer- SEC. 8. It shall be lawful for the keeper of the bride well, and it is hereby made his duty, to arrest or cause to be arrested and taken before a police justice of the city, every person who shall molest or, in any manner interfere with the said keeper, or with any person in his custody or charge as a prisoner, while in the discharge of his duty, either in the bridewell or elsewhere; and any 214 [cir. REVISED ORDINANCE. 4.] BRIDEWELL. 21I person who shall so molest or interfere with the keeper Penalty. of the bridewell, or person in his custody or charge, shall be fined in a sum not exceeding fifty dollars. SEC. 9. The mayor and committee on bridewell shall Visitation. visit the bridewell as often as once in each month, and see that the same is kept in good order and condition, and that the rules and regulations thereof are strictly observed SEC. 10. It shall be the duty of all members of the Dity of police force of the city of Chicago committing any person to the bridewell, to return immediately to the comptroller the mittimus or execution, or a duplicate thereof, by virtue of which said person was committed. SEC. 11. It shall be the duty of the comptroller to Record. keep a record of the names of all persons committed to the bridewell in a book or books to be provided for that purpose, showing the date of committal, days of imprisomnent, amount of fine, etc. SEC. 12. It shall be the duty of the treasurer to re- Fines. ceive all fines of persons who may have been committed to the bridewell, and to make a duplicate receipt of the payment thereof to the comptroller; and when it shall Disharge. appear by the books of the comptroller that the term of imprisonment of any person is ended by virtue of such payment, or the expiration of his term of sentence, or both, the comptroller shall certify the fact to the bridewell keeper, who shall carefully preserve said certificate, and thereupon discharge the prisoner named. SEc. 13. No person shall be released from the bride- Discharge. well by the bridewell keeper, except on the certificate of the comptroller, as provided in section twelve of this chapter, or by an order of the mayor or common council or some court of competent jurisdiction. SEC. 14. It shall be the duty of the bridewell keeper Keeper to report. to make out and deliver to the comptroller on the first day of each month, a statement, duly sworn to, showing the names of all persons who have been confined in the bridewell during the month past, the number of days of their several confinements during said month, the date of 4.] 1215 BRIDEWELL. 2 R EI-. their committal, and the names of all persons discharged or released during said month, and by what authority they were discharged or released. CHAPTER V. BRIDGES. SECTION 1. Not to cross, when, etc.; penalty. 2. Crossing fast; penalty. 8. Overloading with cattle; penalty. 4. Stopping upon; penalty. 5. Teams to keep to the right. 6. Teams from streets; order. SECTION 7. Breaking lines; resisting officer; penalty for violating this and last two sections. 8. Crowds, assemblies, etc.; penalty. 9. Bands of music; penalty. 10. Bridges to be shut, for fire engines, etc., to cross; penalty. When notto SECTION 1. Any person or persons who shall drive or cross. attempt to drive any team, wagon, dray, or'ther carriage on or across the draw of any bridge in the city of Chicago, while the same is opening or shutting, or after the signal is given by the bridge tender for the opening thereof, and be fore the opening is begun, or who shall disobey or resist the tender thereof in his efforts to keep and promote order and equal convenience among those crossing the same, shall, for Penalty. every offense, be fined in a sum not less than five dollars nor exceeding twenty-five dollars. Crossing too SEC. 2. No person shall ride, lead, or drive any wagon, fast. carriage, dray, cart, or other vehicle or conveyance, nor any horse, mare, ox, or other animal, over or across any of the bridges within the limits of Chicago, at a faster gait or pace Penalty than a common walk; and any person or persons who shall be guilty of a violation of this section, shall, for each and every offense, forfeit and pay to said city the sum of five dollars, to be recovered before any court having jurisdiction. Droves. SEC. 3. No person or persons shall drive or assist in driving on or across any one of the bridges within the city, to exceed eight head of cattle or horses, at any one time, in Penalty. a drove; and any person violating the provisions of this section shall forfeit and pay for each offense a penalty of not less than two dollars, nor exceeding twenty-five dollars, in the discretion of the magistrate convicting. Stolping on. SEC. 4. If any person or persons shall unnecessarily or 216 REVISED ORDINANCE. [CH. 5.] BRIDGES. 21~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ willfully remain or stop with any team or teams, horses, oxen, wagon, sleigh, sled, or any other vehicle whatever, upon any of the bridges within the city of Chicago, or in and upon the approaches to any such bridge, such person or Penalty. persons shall, on conviction thereof, be fined in the sum of five dollars for each offense. SEC. 5. It shall be the duty of all drivers or persons in erighp to right. charge of any wagon, dray, carriage, or vehicle of any kind, to keep to the right, when crossing the bridges upon the Chicago river and its branches. SEC. 6. When a bridge has been opened and closed, Order of. crossing. the teams and vehicles shall cross in the following order, to wit: Those occupying the street upon which the bridge is situated, shall cross first; those occupying the cross streets, and upon the right hand side of the bridge, shall cross next, and those occupying the cross streets, and upon the left hand side of the bridge, shall cross next. SEC. 7. No person shall cross or attempt to cross, or Breaking break into, the line of teams or vehicles, while crossing or attempting to cross any bridge, nor shall any person disobey or resist any officer in charge of any bridge or crossing within Resisting said city; and whoever shall be guilty of violating any of the provisions of this or the two foregoing sections, shall be liable to a penalty of not less than five, nor more than Penalty. twenty-five dollars; and also for all damages that may result to the bridge or any individual, or property of any person, by reason of such violation, to be recovered before any court having competent jurisdiction. SEC. 8. No person or persons shall gather in assemblies Crowds. or crowds on any of the bridges of this city, or the approaches leading to the same, so as to obstruct in any manner the passage of foot passengers, teams, carriages or persons across the same, or be and remain upon any of the sidewalks or main passages of any of the bridges of this city, nor upon the railings of the said bridges, longer than will be necessary to pass over the same, under a penalty of five dollars for Penalty. every such offense. SEC. 9. No band of musicians shall play, or beat time, uBand osf Music. or keep step with each other, while they, or any procession or body of persons marching with them, or any portion .5.1 211 BRIDGES. 1s REVISED ORDINANCE. [CH. thereof, are upon or crossing any bridge in this city, under Penalty. a penalty, upon the leader or director of such band, of not less than five dollars, nor more than twenty-five dollars. Close. foren SEC. 10. Whenever at any alarm of fire, any fire engine, engine, etc. hose cart or other fire apparatus, shall approach any bridge, for the purpose of crossing the same toward such fire, the bridge tender shall, if said bridge is open, close the same as soon as practicable, or if closed, and after the same is closed, keep it closed, until such engine? hose cart, or other fire apparatus, shall have had an opportunity to pass over said bridge, notwithstanding vessels may thereby be delayed, Penalty. under a penalty for a failure to comply with this section of not less than ten dollars, nor more than one hundred dollars. CHAPTER VI. CEMETERY. BECTION 1. Interments prohibited in cemetery; exception; Lincoln Park set apart. 2. Cemetery fund; how used. SECTION 3. Board of public works to keep record of lots; treasurer to keep cemetery account. 4 Offenses relating to cemetery; pen alty. Interments SECTION 1. Hereafter no body shall be buried in all prohibited. that part of the south-east quarter of the south-east quarter of section thirty-three, township forty north, range fourteen east of the third principal meridian, (excepting therefrom four acres, not the property of the city,) and blocks num bered 50, 49, 48, 36, 35, 34, 33, 18 and 17, in said section, as the same are numbered on the plat of the survey of the canal trustees heretofore set apart for the burial of the dead, and Exception. known and distinguished as the "Chicago Cemetery," except in the lots which have been sold by the city. All of the north part of said tract which has not been surveyed and divided into cemetery lots, consisting of blocks 17, 18, 33 and 34, and the north part of blocks 35 and 36, is hereby set apart for Lincoln and declared to be a public park, and shall be known by Park. the name of "Lincoln Park." Funds SEc. 2. All moneys hitherto arising from the sale of lots therein, shall'be kept a distinct fund, and be excluHow used. sively expended in adding to or ornamenting and improving [CH. 218 REVISED ORDINANCE. 6a- CEEEY 1 the cemetery grounds not set apart above as a park, and the board of public works are hereby authorized and ermpowered to take such steps as they may deem proper for the improvement of the cemetery grounds, and to improve the walks and drains, or ditches, connected therewith, in such manner as they may deem most conducive to public convenience, and the proper preservation of the same; and for the payment of all such expenses, they shall certify their approval of the same to the comptroller, who shall pay the same by draft on the treasurer, payable out of the cemetery fund. SEc. 3. The Board of Public Works shall keep a Record of ltlots. record, in which shall be recorded the number of every lot heretofore sold in the cemetery, beginning with number one, with columns ruled therein for the name of the purchaser, the appraisal, price sold for, and date of sale; and the treasurer shall keep a cemetery account, in which all Cemoetry account. moneys received or paid on account of the cemetery, shall be entered. SEa. 4. If any person shall bury or attempt to bury any Offenses in cemetery. dead body in any unsold lot, or in any lot belonging to another, without permission in writing; or be found discharging firearms, hunting or trespassing in any other manner in the cemetery; or shall injure, deface or destroy any tree, shrub, stone, stake, post, fence, monument, vault or other fixture, building or thing of value or ornament in the cemetery, or trespass on any grave in the cemetery, he or they shall severally be subjected to a fine of not less than Penalty. ten dollars nor exceeding,five hundred dollars; and the court or magistrate may, in any aggravated case, cause the offender to be imprisoned for a period not exceeding six months, in addition to the fine. 6.] 219 CEMETERY. REVISED ORDINANCE. CHAPTER VII. DOGS. 8SXCTION 1. Dog pound; appointment and com pensation of keeper. 2. Unmuzzled dogs impounded, when; penalty; costs; reward. 8. Keeper to receive and take care of dogs in pound; to report to comp troller. 4. Unclaimed dogs destroyed; penalty for resisting. SECTION 5. Slut in heat running at large; pen alty. 6. Proclamation of Mayor forbidding dogs running at large. 7. Dogs running at large unmuzzled; penalty. 8. Dog having bitten a person; pro ceedings. 9. Further proceedings; penalty. 10. Construction of words. Pound SECTION 1. The board of public works shall construct a Keeper. good and suitable dog pound, at such place in the city as the mayor shall direct, to be placed under the care and direction Appoint. of a pound keeper, to be appointed in accordance with the provisions of section 16, of chapter 2, of the Revised CharCtiOOmLPensa- ter of 1863, who shall receive as his whole compensa tion all the penalties and costs accruing on account of dogs impounded in his pound; and he shall pay all the expenses of his pound, other than the cost of the building, and the rewards paid by him under the next section, for which he shall be reimbursed by the city. iDogs u SEC. 2. Each and every dog that shall be found running impounded. at large within the limits of said city between the first days of June and October, in each and every year, unless they shall be securely muzzled with a wire muzzle, to be fas tened on with a leather strap or chain, or that shall be found running at large within said limits at any time, without a collar or strap around the neck with the name of the owner marked or engraved thereon, may be impounded by any per son in the dog pound, from which they sho not be released Penalty. until the owner shall pay to the pound keetr a penalty of two dollars and fifty cents per head, and the firther sum of CQOts twenty cents costs per head for every day or part of day they shall have remained in such pound; and said pound keeper Reward shall be authorized and required to pay a reward of fifty cents for each and every dog over three months old delivered alive at said pound by any person fifteen or more years old, according to the provisions of this section. SEC. 3. It shall be the duty of the pound keeper to keep 220 [CH. 7.1 DOGS. 221 in a suitable book a record of all dogs received into the Keeper to receive and pound, the names of the persons who bring them, and the tdake care of dogs. names of the owners, if the same can be ascertained He shall take proper care of the dogs while in his custody, shall deliver them to the owners upon said owners paying to him the penalties and costs as herein fixed, and shall take upon said book or record, from all persons claiming and redeeming as owners, receipts for all dogs delivered. At the end of Report. each month he shall render to the comptroller a full and complete statement on oath of the dogs received, of the dogs delivered to owners receipting for them, and of the number destroyed, as hereinafter provided, and also of all the sums of money received as penalties and costs, and the sums paid as rewards to those who have delivered the dogs to him to be impounded. SEC. 4. All dogs not claimed and redeemed as herein D~8oyedog dsroyed. provided within four days of the time of impounding of the same, shall be destroyed by the pound keeper, and any person resisting his so doing shall be liable to a fine of twentyfive dollars for so resisting such officer. SEC. 5. Every person who shall suffer or permit any slut Slut In heat. to run or be at large while in heat, shall, in addition to the penalties herein otherwise provided, be liable to pay a fiarther Penalty. fine of three dollars and costs. SEC. 6. It shall be lawful for the mayor at any season or Piroclbaymatime whenever in his opinion there are mad or rabid dogs Mayor within or near the city, and the public health is thereby in danger, to issue his proclamation forbidding the running at large of any dog not muzzled as hereinbefore specified, and offering such premium for their destruction as to him shall seem proper. He or the board of police may also, in his Dogs destroyed. or their discretion, require any and all policemen to de stroy any dog at large in violation of this section. SEC. 7. In addition to the foregoing provisions, every Dogsat large. owner or keeper of any dog, who shall permit the same to run or be at large between the first days of June and Octo ber without being muzzled as provided in the second sec tion, shall pay a penalty of five dollars for each offense; Penalty. and the informer thereof shall be entitled to one-half of said I 7.] 221 DOGS. '222 REVISED ORDINANCE. [oH. Dogbiting. SEC. 8. Whenever affidavit shall be made before either of the justices of the police court of the city of Chicago, that amy dog has bitten a person in said city, and that the person so bitten was not at the time trespassing upon the person or property of the owner or possessor of said dog, Proceedings the said justice shall issue an order directing the owner or possessor of said dog to kill him within forty-eight hours after having received such order. Penalty. SEC. 9. The owner or possessor of any such dog who shall refuse or neglect to kill him within forty-eight hours after having received such order, shall be fined in any sum not exceeding twenty-five dollars, and the further sum of two dollars for every twenty-four hours thereafter, until such dog shall be killed. And it shall be the duty of any police officer to destroy said dog whenever he shall be found at large in said city, forty-eight hours after the service of said order. Oonstruo-I tOon ofc SEC. 10. The words "dog" and "dogs" wherever used words. - words in this chapter, shall be construed and taken in their gene ral sense, embracing alike both sexes and all ages CH*KPTER VIII. FEES. SBOTION 1. Fees of city officers. SECTION 1. Any city officer upon whom the duty devolves is hereby authorized to demand and receive as fees for the use of the city For issuing each license, one dollar. For transferring each license, one dollar. For taking bond on such transfer, one dollar. For each deed for real estate issued by the city, two dollars. For the use of the corporate seal on any attestation, acknowledgment or other certificate, fifty cents. For each certificate not under the corporate seal, twentyfive cents. Administering oath and attesting the same, twenty five cents., 222 [011. REVISED ORDINANCE. Fee& 8-9.] FEE8 - FIRE DEPARTMENT. 223~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For canceling each tax or other certificate of sale, twentyfive cents. For certified copies of any record, each seventy-two words, twenty-five cents. CHAPTER IX. FIRE DEPARTMENT. SECTION 1. South division fire limits. 2. West division fire limits. 8. North division fire limits. 4. Buildings in fire limits; how con structed. 5. Buildings on wharfing privileges. 6. Sheds; privies; ashes. 7. Raising, repairing, enlarging or re moving buildings in fire limits. 8. How damages to buildings ascertain ed. 9. Penalties for violating preceding sec tions. 10. Wooden buildings; nuisances; abated; expenses. 11. Stove pipes. 12. Using open candle and lamp. 18. Keeping shavings, etc., in shop; stoves; candles. 14. Scattering shavings, etc. 15. Carrying fire. SECTION 16. Keeping ashes. 17. Chimneys; how constructed. 18. Same. 19. Same. 20. Stove pipes; protection. 21. Chimneys for steam works. 22. Hay stacks, etc. 28. Burning hay, etc. 24. Lumber yards in fire limits. 25. Hatchways, etc., when closed. 26. Misusing fire apparatus. 27. Power to fire marshal, etc., at fire. 28. Limits at fires. 29. Persons at fires to obey orders. 30. Fire marshal may require aid at fires. 31. Hindering firemen, etc. 82. Power of fire marshal, etc., to arrest. 83. Fire apparatus, how drawn. 84. Protection of hose when laid at fires. 35. Power to remove property at fires. SECTION 1. All that part of the south division of said South division fir, city embraced within the following limits, shall be known limits. as the fire limits of the south division, to wit: Beginning at the centre of the Chicago river, at its junction with the lake; thence south-westerly along the lake shore to the centre of Harrison street; thence west, on the centre of Harrison street, to the centre of the Chicago river; thence down the centre of Chicago river, to the place of beginning. SEc. 2. All that part of the west division of said city West - divisio fie embraced within the following limits, shall be known as limits. the fire limits of the west division, to wit: Beginning at the centre of West Madison street, at its intersection with the centre of the south branch of the Chicago river; thence west, on the centre of West Madison street, to the centre of Jefferson street; thence north, on the centre of Jefferson street,, to the centre of West Lake street; thence east, on the centre of West Lake street, to the centre of said south branch; and thence up the centre of said south branch to the place of beginning. 223 8 - 9.1 FEES -FIRE DEPARTMENT. 22 REIE RIAC.[H North fr SEC. 3. All that part of the north division of said city division fire limits. embraced within the following limits, shall be known as the fire limits of the north division, to wit: Beginning at the centre of North Franklin street, at its intersection with the river; thence north, on the centre of North Franklin street, to the centre of Michigan street; thence east, on the centre of Michigan street, to the centre of North Wells street; thence north, on the centre of North Wells street, to the centre of Ohio street; thence east, on the centre of Ohio street, to the centre of Pine street; thence south, on the centre of Pine street, to the centre of North Water street; thence southerly, on the east line of water lot No. 22, Kinz7ie's addition, to the centre of the river; thence up the centre of the river to the place of beginning. Buidings In SEC. 4. No building shall be erected within the fire limfire limits. its, (except as hereinafter excepted,) unless the same shall be Construc- constructed in conformity with the following provisions: tion. First. All outside and party walls shall be made of stone, brick or other fire-proof material. Thickness Second. Outside and party walls not exceeding twentyof walls. four feet in height from the top of the sidewalk to the under side of the roof joists or rafters, (except for stores, mills, breweries and warehouses,) shall not be less than eight inches in thickness, if of brick, nor less than sixteen inches in thickness, if of stone; but stores, mills, breweries and ware houses, exceeding twenty-four feet in height as aforesaid, shall not be less than twelve inches in thickness, if of brick, nor less than eighteen inches in thickness, if of stone, and if exceeding three stories in height, the two lower stories shall not be less than sixteen inches in thickness, if of brick, nor less than twenty-four inches in thickness, if of stone. Timbers Third. All joists, beams and other timbers in outside and cornices. and party walls shall be separated at least four inches from each other with stone or brick laid in mortar, and all wood en lintels or plate pieces in the front or rear walls shall recede from the outside of the wall at least four inches, ex cept that lintels of timber may be used in rear of cast-iron fronts, and plates of wood may be used in cornices. But all such cornices shall be securely fastened to the walls of 1011. 224 REVISED ORDINANOE. 9. FIEDPRTET 2 the building with iron rods, in such manner as that in case of fire they will not fall until burned into pieces. Fourth. There shall not be more than thirty feet space Supports. between the party or outside walls of any building, unless such building shall be supported by iron or other columns or supports of fire-proof material. Fifth. All end and party walls shall extend above the Fire walls. sheeting of the roof at least seven inches or three courses of brick, and in no case shall the planking or sheeting of the roof extend across any party or end wall. SEC. 5. Buildings which may have been heretofore Buildings on wharemg erected of wood on the wharfing privileges within the fire pn,vileagre. limits, for warehouse and storage purposes only, shall not be used for any other than warehouse or storage purposes; and if they shall be so used, they shall be subject to be removed by the board of public works, after thirty days' notice to the owner or occupant thereof to remove the same, to be given by said board. SEC. 6. Sheds not exceeding twelve feet in height at Sheds and the peak or highest part thereof, and privies not exceed- privies. ing ten feet square and twelve feet in height at the peak, may be constructed of wood, and shall not be subject to the provisions of this chapter: Provided, That the term Proviso. "shed" be so construed as to mean a structure with a roof sloping one way, with one or more sides of said structure entirely open. But all depositories for ashes Ashes. within or without the fire limits shall be built of brick or other fire-proof material, without wood in any part thereof. SEC. 7. Permission is given to all owners and occupants Raaising, re 9 ~~~~~~~~~~~ pairing or of buildings in the fire limits, to raise wooden buildings removing wooden to the established grade, and to build basements or cellars buildings in fire limits. of brick or stone under the buildings so raised. But otherwise no wooden building or part of building within the fire limits shall be raised, repaired or enlarged, nor shall the same be removed to any other lot within the same; nor shall any such builing be removed into the fire limits: Provided, That when the sidewalk may be raised above Proviso. the threshold cf any building, said building may be so raised and so far raised as to keep tee first floor a reason i5.. 9.1 225 FIRE DEPARTMENT. 22 EIE RDNNE c{ able distance, not to exceed six inches, above the sidewalk, without brick or stone foundation. Nor shall any wooden building within said limits, which may hereafter be dam aged to the extent of fifty per cent. of the value thereof, be repaired or rebuilt; nor shall such building, where the damage is less than fifty per cent. of its value, be so re paired as to be raised higher than the highest point left standing after such damage shall have occurred; or so as to occupy a greater space than before the injury thereto. Domagund SEC. 8. The amount or extent of damage that may be h ow foun.d. done to any building may be determined by three disinter ested persons, residents of the city, one of whom shall be selected by the owner of the building, the second by the mayor or any two members of the committee on fire and water, and the two so chosen shall select a third; and the decision of the persons so appointed shall be final and conclusive; and it shall be the duty of the owner of any building, before said reference is made, to deposit with the city clerk the sum of six dollars, which sum shall be applied to the payment of reference expenses; the re mainder, if any, shall be returned to such owner. Penalties SEC. 9. Any owner, builder or other person who shall for violating foregoing own, build or aid in the erection of any building or part provisions. of building within the said limits, contrary to, or in any other manner than authorized by the provisions of this chapter, or who shall own, remove or assist in removing any wooden building within said limits from one lot to another therein; or who shall own, remove or assist in removing any such building from without said limits into the same, or own, repair or assist in repairing any damaged wooden building, contrary in either case to any provision of this chapter, shall be subject to a fine of not less than twenty-five dollars and not exceeding five hundred dollars, in the discretion of the court, for the first offense, and to like fine for every forty-eight hours such person shall fail to comply with the provisions of this chapter, or continue in the violation thereof. Wooden SEC. 10. Any wooden building which may be erected, building, ,ui,sanC. enlarged, removed or repaired, or in process of erection, en largement, removal or repair. contrary to this chapter, shall 226 [Cil. REVISED ORDINANCE. I 9.] FIRE DEPARTMENT. 22~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ be deemed a nuisance; and upon information it shall be the duty of the board of public works, after twenty-four hours' notice to the owner, occupant, person in charge, or builder thereof, to abate the same, to raze such building to Abat., the ground. The expenses thereof shall be reported by Exp,nse. the said board to the common council for assessment, or may be collected of the owner of such building by suit. SEC. 11. No pipe of any stove or Franklin shall beStovepipe put up, unless it be conducted into a chimney made of brick or stone. And any person putting up the pipe of any Penalty. stove or Franklin contrary to this section, shall, for every such offense, forfeit five dollars, and the further sum of one dollar for every twenty-four hours the same shall remain so put up after notice given by the fire marshal or any assistant marshal to remove the same. SEC. 12. No lighted candle or lamp shall be used in Z.idnr open p~~~~~~~cnl or any stable, or other place or building, where hay, straw lamp. or other combustible materials shall be kept, unless the same shall be well secured in a lantern, under the penalty of two dollars for each offense; and no fire shall be kept Fire. in any stove, or otherwise, in any such building, or any room where such combustible material is kept, under a penalty of ten dollars, and an additional penalty of five Penalty. dollars for each and every twelve hours that said fire shall so remain. SEc. 13. Every person keeping or occupying a shop S,hevinsc or other building, wherein shavings or other combustible materials are made, accumulated, or may be contained, shall forfeit the sum of two dollars for every neglect to clear or remove the same out of such buildings and the yards belonging thereto, at least three times in each week, provided such buildings are situated within two hundred feet of any other building; and no stove shall be used in Shop stoves. any such shop or building, unless the same shall be set in a box surrounded with fire-proof material, with the pipe carefully set up according to the provisions hereof; and no Candle& lighted candles shall be used in any such shop or building, except they be placed in a candlestick made of a material not liable to take fire, under the penalty of two dollars for Penalty. each offense. 221 9.1 FIRE DEPARTAIENT. 228 REYISED ORDINANCE. LOH. Scattering SEC. 14. No person, in removing any chips, or shavings, sihavings, etc. or other combustible materials shall scatter or strew them in any street, or shall at any time direct, permit or suffer any chips, shavings, or other combustible matter, to be taken, or thrown, or scattered on any street or alley, under the Penalty. penalty of two dollars for every offense. c,aruing SEC. 15. No person shall carry fire in or through any street, or lot, or other public or private place, except the same be placed or covered in some close or secure pan Penalty. or other vessel, under the penalty of one dollar for each offense. Ashes. SEC. 16. No ashes (except at manufactories where ashes are used,) shall be kept or deposited in any part of the city except the same be in a close and secure vessel, or brick Penalty. or stone ash room, under the penalty of three dollars for each offense, and a further penalty of one dollar for every twenty-four hours the same shall thereafter remain so kept or deposited. Chimneys; SEC. 17. No chimney shall be built with less than four construction. inches thickness of brick or stone, completely imbedded in lime morter and plastered on the inside with a smooth coat of the same. No flue shall in any case be less than eight by eight inches; and if intended for two full stories, not less than eight by twelve inches; and for three stories or more, not less than eight by sixteen inches. Holes for stove pipes shall have a sheet iron thimble, or other fire-proof material, inserted into the chimney, imbedded in mortar, and a tin or sheet iron stopper, with a flange at least one inch wide, Penalty. outside of the brick. Every person who shall build or cause to be built a chimney contrary to this section, shall, for every such offense, forfeit and pay the sum of ten dollars; and every owner of any chimney that shall be built -conltering. trary to this section, shall cause the same to be altered within ten days after notice shall be given by the fire marshal or any assistant marshal so to do, or forfeit the Penalty. sum of ten dollars, and also ten dollars for every month thereafter, so long as said chimney shall remain unaltered. same. SEC. 18. No person shall build or cause to be built a chimney resting upon any part of a building liable to settle, unless such foundation is permaen?y connected 228 [CH. REVISED ORDINANCE. 9] FIRE DE?ARTMENT. 229 with the rafters where the chimney passes through the roof, so that the whole may settle together, under a penalty of ten dollars for every suchpffense, and a further sum of ten Penalty. dollars for every week it shall remain after notice given by the fire marshal or any assistant marshal, to alter the same. SEC. 19. No chimney shall be commenced in any loft, Same. unless there are fixed stairs leading to the same, easy of access at all times; and no stove pipe shall pass through more than one ceiling before entering a chimney, under a penalty of ten dollars for each offense, and a further sum of Penalty. two dollars for every week either shall remain after notice shall be given by the fire marshal or any assistant marshal, to alter the same. SEC. 20. Stove pipes shall not be less than four inches Stove pipes. from any wood or other combustible materials, unless there is a double circle of tin connected together, and air holes through the connecting tin between said pipe and the com bustible substance, under the penalty of three dollars, and Penalty. the sum of one dollar for every three days it shall remain after notice from the fire marshal or any assistant marshal, to alter the same. SEC. 21. All chimneys erected in any building or place Chimey ~ ~~~~forsta within the city for manufacturing purposes appertaining to, works. used or to be used for conveying off the smoke of, any steam boiler or steam engine, shall be firmly and substantially built of brick or stone, and shall be erected to the height of not less than fifty-five feet. Any person or persons, Penalty. who shall build or construct, or use or occupy any chimney heretofore or hereafter built, for the purpose above specified, of any other material or in any other manner than above specified, shall forfeit and pay the sum of fifty dollars. SEc. 22. No person or persons shall deposit or stack Stacktng hiay, etc. any hay, straw, or other combustible substance, within one hundred feet of any dwelling-house, barn, stable, out-house, or building of any description, within the limits of the city of Chicago, without first having obtained a written permission from the mayor and both the aldermen of the ward in which the same may be located, under a penalty of twenty- Penalty. 9.1 229 FIRE DEPART3fENT. 'K 3O REVISED ORDINANOE. [cn. five dollars for each offense, and a like penalty for every week the same may remain after notice. Burning' SEC. 23. No hay, straw, shavings or other combustible h, c. matter shall be set fire to or burned within any street, alley, public or private ground, within the fire limits of the city. Nor shall any straw, hay, shavings or other combustible matter be set fire to, orburned without the fire limits and within the city, nearer than one hundred feet to any house, fence, barn, shed, or wooden buildings, unless by the direct permission in writing, or superintendence, of the fire mar shal or of one of the assistant marshals, under a penalty of Penalty. not less than five dollars nor more than twenty dollars for each offense. Lnmber Sc adlme hl yard ine fire SEC. 24. No lumber yard for the sale of lumber shall limits. be kept upon any premises within the fire limits, which are Penalty. not now occupied for that purpose, under a penalty upon the person or persons keeping the same, of ten dollars for every offense, and a like penalty for every week the same shall be allowed to remain. latchways, SEC. 25. All buildings within the city having hatchetc. ways, hoistways, cellar openings or other openings leading from floor to floor, (except properly protected skylights,) of whatever name or description, shall be provided with good and substantial shutters or doors for all of such hatchways, hoistways, cellar doors or other openings. And the said shutters or doors shall be kept closed except when in actual When use, from the hour of six o'clock P. M. to six o'clock A. M. closed. of each day. All persons violating any or either of the provisions of this section shall, on conviction, pay a fine of Penalty. not less than ten dollars nor more than one hundred dollars, and shall also, in addition, be personally liable to all firemen or persons, in damages, for all injuries by reason of such violation or neglect. Misuse SEC. 26. If any person having charge of an engine or ,of fire apparatus. other fire apparatus shall suffer or permit the same to be applied to private uses, or taken beyond the limits of the city, without the consent of the fire marshal, or, in his abPenalty. sence, the acting fire. marshal, he shall forfeit a penalty of not less than five dollars nor more than twenty-five dollars FC]FI. ') 3 0 REVISED ORDINANCE. 9.] FIRE DEPARTMENT. 231~~~~~~~~~~~~~~~~t- for each and every such offense, besides being personally liable for all damages. SEC.. 27. The fire marshal or assistant marshal in com- Power to fire marshal mand, or, in the absence of the fire marshal and of all etc. the assistant marshals, the mayor or two aldermen, may direct the hook-and-ladder men to cut down and remove To remove . building, any building, erection or fence, for the purpose of checking etc., at fire,. the progress of any fire; and the fire marshal or the assistant marshal in command, with the advice and concurrence of two members of the common council, shall have power to blow up or cause to be blown up, with powder or other wise, any building or erection during the progress of the fire, for the purpose of extinguishing or checking the same. SEC. 28. The fire marshal or the assistant marshal in Limits at &ies. command, may prescribe limits in the vicinity of any fire, within which ndo person excepting those who reside therein, members of the fire department, and those admitted by order of the officers of the fire department or of the city, shall be permitted to come. SEC. 29. Every person not a fireman, who shall be pre- Person, at fires to obey sent at a fire, shall be subject and obedient to the orders of orders. the fire marshal and the assistant marshals, in extinguishing the fire and the removal and protection of property; and in case such person shall refuse to obey such orders, he shall forfeit and pay for every offense the sum of five Penalty. dollars: Provided, That no such person shall be bound to Proviso. obey any of said officers, unless such officers shall bear their respective badges of office, or their official character shall be known or made known to them; and all such officers shall have power to arrest any person or persons so refusing to obey such lawful orders as aforesaid, and hold them in custody until after the fire is extinguished, when he or they shall be taken before a magistrate to be dealt with according to law. SEC. 30. It shall be lawful for the fire marshal and Flrera marshal the assistant marshals to require the aid of any drayman may require aid. with his horse and dray, driver of a licensed wagon with his team and wagon, or any citizen, inhabitant or bystander, in drawing or conveying any engine or other fire apparatus 9.] 231 FIRE DEPARTMENT. 23 EIE RIAC.[H to the fire, and in working and using the same, while at a fire; and on the refusal or neglect of any person to comply with Penalty. such requisition, the offender shall for every default forfeit and pay a penalty of not less than one dollar nor more than five dollars. Hindering SEC. 31. Any person who shall willfully offer any hinfiremen, etc. drance to any officer or fireman in the performance of his duty at a fire, or shall willfully in any manner injure, deface or destroy any engine or fire apparatus belonging to the city Penalty. of Chicago, shall for every such offense forfeit and pay a penalty of twenty-five dollars, and shall furthermore be liable for all damage or injury done. Power of a fire marshal SEC. 32. During the time of a fire, and for and during ansa sit- the period of thirty-six hours after its extinction, it shall be arrest, et. lawful for the fire marshal and the assistant marshals, in any part of the city, to arrest any suspected person, or any person hindering, resisting, conducting in a noisy and dis orderly manner, or refusing to obey any sucht?,officer while acting in the discharge of his duty, and, as soon as their duties in relation to the extinguishment of the fire will per mit, take such person before a magistrate to be dealt with according to law. Said officers shall be severally vested with the usual powers and authority of police officers to command all persons to assist them in the performance of such duty. Fire SEC. 33. No hose carriage, hook-and-ladder carriage, or apparatus, how drawn. engine, shall be drawn faster than a walk on its return from a fire or an alarm of fire; nor shall any such carriage or engine be drawn on any sidewalk opposite a paved or planked street; nor shall any such carriage or engine be drawn to a fire or alarm of fire in a manner calculated to endanger the safety of persons or property in the streets or Penalty. alleys of said city, under the penalty of not less than five dollars nor more than twenty-five dollars, to be paid by the person or persons committing the offense. Crossing SEC. 34. No person shall go over any unprotected hose hose. of the fire department of the city of Chicago, when laid down to be used at any fire or alarm of fire, with any vehicle, without first obtaining the consent of the marshal Penalty. or assistant marshal in command, under a penalty of not 23-2 [OR. REVISED ORDINANCE. 10.] GRADES. 233 less than five dollars nor more than one hundred dollars. And the fire marshal shall procure and cause to be carried Hroectors. with each hose cart at every alarm of fire, efficient protectors of said hose, and cause the same to be laid down with said hose, when said hose is laid on any street, in such manner as to protect said hose from injury, when vehicles go over the same; and he shall also cause all such hose to be taken tHaose to pbe taken up. up from the streets, as soon as it is no longer needed to be so laid for use. SEC. 35. Whenever it shall become necessary for the Poweito remove preservation of property from fire, or to remove property property. to prevent the spreading of fire, or to protect adjoining property from fire, the fire marshal is hereby authorized to cause the removal of such property as may be necessary. CHAPTER X. GRADES. SECOTION 1. Base for city levels. 2. Grades fixed; tables. 8. Grades straight lines; exceptions. SECTION 4. Sidewalks. 5. Construction of this chapter. SECTION 1. The grades hereinafter fixed are referred to B". the plane of low water in the year 1847, as established by the trustees of the Illinois and Michigan Canal, and adopted by the late sewerage commissioners and by the board of public works of the city of Chicago as the base or datum for the city levels, and was eight and twenty-three hundredths (8 2 3) feet below the then water table of Loomis' store, on the south-west corner of Clark and South Water streets, and is eleven and seventy-one hundredths (11 T-') feet below the water table on the south-west corner of the main or central building of the court-house, in the city of Chicago. SEC. 2. The grades of the top of the sidewalk, at the Grades fixed. edge next to the street, on the streets of the city of Chicago, mentioned in the tables in this chapter contained, shall be, at the intersections of said streets with each other, or with other objects, or at the points at which if they were extended I 234 REVISED ORDINANOE. [OH. they would so intersect, fixed at the heights shown by the figures (which indicate feet and decimal fractions thereof,) set it the places where the spaces between the lines containing the names of such streets, or other objects, at the left hand sides of said tables, intersect the spaces between the lines containing the names of such streets or other objects at the tops of said tables respectively. 234 [CH. REVISED ORDINANCE. I. TABLE OF SOUTH DIVISION. South Water Street........... North side of Lake Street.... South side of Lake Street.... North side of Randolph Street South side of Randolph Street Washington Street............ Madison Street............... Monroe Street................ Adams Street................. Jackson Street.............. North side of Van Buren Street South side of Van Buren Street North side of Congress Street. South side of Congress Street. North side of Harrison Street. South side of Harrison Street. Polk Street................. North side of Peck Court..... South side of Peck Court.... Taylor Street.............. North side of Twelfth Street.. South side of Twelfth Street.. Thirteenth Street............ Fourteenth Street............. South side of Sixteenth Street Seventeenth Street........... Eighteenth Street............ Nineteenth Street............ Twentieth Street............ Twenty-first Street........... Twenty-second Street......... -on. 0 -o a On~~~~~ -Q -n an a 11.*..... 11. 11.5..... 11.5 11.5*....... 11.5 12...... 12. 12...... 12. 12.5..... 12.5 1 3...... 13. 13 22..... 12.95 16 136 133.22 1.41 61.7 1.8 1 183.22...... 813.22 13.02.... 1 8 22 138.02..... 18 22 18.02..... 13.22 18.02..... 1 8.22 18.03..... 13.22 18 3.02..... 13.22 18.02..... 13.22 13 02..... 13.22 13.02..... 18 3.22 18.02..... 13.22 13.02..... 18.22 18.02.... 13.22 18.02..... 13.22 13.02..... 13.22 13.02..... 18.*22.......... 18.22......... 13.22.......... 13.22.......... 13822.......... 13.22.......... 11. 11.5 11.5 12. 12. 12.5 13. 12.07 12.0T 12.07 12.07 ...... i2.....i 12.07 12.07 :..... 12.07 ..... o..... :.... ...... 12.* 12.25. 12. 25. 12.5 12.5 12.75 13. 18.66 18.66 13.66 1 8 66 13 66 13.66 18, 66 18.66 13 66 13.66 13.66 18.66 18.66 13.66 18.66 13.66 18.66 18.66 18.66 18.66 13.66 18.66 i4. oo. 6.o 1.. 1.o 1.. .o.. .o.o ... *o.o o.*. .o*o o... ~.o. ... ... .. 4.. 5.* 1... 1... 46. 16 15 16 14. 14. 13.66 13.22 .__I ooo 0..a .... .... $ * $ $ $ * * * * * * * * See Section 3 as to grades on South Water and Lake Streets, between State Street and Wabash Avenue, and as to grades near the river south of Madison Street. I I i i i I 0. 12. 12.45 12.45 ..... i2,,i 12.45 12.45 ii: 0 d la A In .'61. :1 : p 0 0; . I u 4 d 5 . 0 ;G. g 0,6 t. 0 14. 14. 14.42 14.42 13'6 i3'6 13.6 13.6 13.6 13.6 13.6 14. 14. 14.42 14.42 13. i3. 13. 12. T5 ii'.'76 14. .4. 14. 14. i i:,.. ii' " 14' 14. !5 6. , 0 o 0;, pq 0 ,W. 0 1, 1. ii. 11.5 11.5 12. 12. 12.5 13. il''7'8 11.78 ll.TS 11. TS 11. TS .:... d. C, -' .0 ii. 11.5 11.5 12. 12. 12.5 13. 12.64 12.64 12.64 12.64 12.64 12." 4 12.64 12.64 ..... ii' 12.64 12.64 ,4. .0 - ,I'll P4 11. 11 5 11. 5 12. 1 2. 12.5 13. 12.36 12-36 12.36 :.... ...... ..... :.... .:... ..... ,w, 1.d - n ii' 11'5 12' 12' 12'5 13' 11'.5 11.5 ii. 5 11.5 11.5 .... .... .... i5. 15. 15. ii. 14. i6: ii: 15. 14. ...:, .... i2, 12' 83 12.83 ii'83 12' 83 12.88 :.... ii. .3 12.83 i2,,ii ..... i'2' i 12.26 12.26 :.... life 12'26 12.26 ... ...:. ...:' ... ?I ...: to co * o o0 p West line of West ~,.:. *: *:: ~ Water Street. !*.: r c o Canal Street. O. ~ c ~~ - .SD. o ccoc Clinton Street. (D' ~ ~ ~ CZ ~; o ~, C 4P.-~ ccoo co Jefferson Street. ~. ~ _~ o,_ ~ W ~o, -, F P! c c Desplaines Street. O *.........c... .~.. v.o.~..~.~..o.~. Union Street. 0" * Vc' ________ & i ~ ~ ~ ~' ~ ~ |Halsted Street. .co'.0.. c C. Green Street. co: co co co co ~' os P. * *' c,, * c Peoria Street. ow * V'sr s * V' _____ _______ - V' * V' - ~'~ ** * Sangamon Street. 6 -, Morgan Street. V'_e — V'eoW99__________ CD.* *. *' Carpenter Street. . -.___ k_'" _' ..... co.~?.~.~ Curtiss Street. CD. ** * * 0C ~ ....... Ann Street. *O * * * * * caw c~ t; Rucker Street. .... c, c, oo ot * * * ** ,,, cz ot * co co Elizabeth Street. wo c................:.:.:: Throop Street. 1tow f ~Ct.~.~..... :......;::::c::::East line of Union ....... Park. OC V' co~.. V....Loomis Street. s cx ~c'o.o..... Loflin Street. 3........ C w ~:- CO * * *~* *C S w 9 9 9* * H # S S |~~~~~~~~~~~~~[ 0 N0 S C 0. 00 0 CO WO 0 0 00' . 0. I' x:: -., co p z 5- 1 c Reuben Street. .. *.. c:: 3 0 13 H .i 0 t4 ',1*OVIYI(I[O (laSIAaR St t. I I t. n -110] 999 III. TABLE OF NORTH DIVISION. 9. 9. 10.5 10.5 11. 11. 11.5 11.5 11.62 11.62 .11.74 11.74 11.86 11.86 11.98 11.98 12.1 12.1 12.22 12.22 12.34 12.34 12.5 12.5 12.62 12.62 Chestnut~~~~~~~~~~~~~~ Sre............. 2.61 1.6 1.1 2.2 12.72 Hinsdale Street~~~~~~~.............. 1.1 121.1.1 12.83 12.83 White.................. 12.94 12.94 18.04 18.04 18.15 18.15 ............. 18 26 18.26 13.87 13.87 18.5 138.6 ....... o....... ...... o........ ...... 13.89 .......15." South side of North Water Street. North side of North Water Street Kinzie Street..................... Michigan Street.................. Illinois Street.................... Indilana Street................... Ohio Street....................... Ontario Street.................... Erie Street......................2 Huron Street.......... Superior Street................... Chicago Avenue.......... Pearson Street.................. Chestn ut Street................ Hinsdale Street................... Washing ton Place................ White Street.................... McCagg Place.................... Whiting Street................... La F'ayette Place................ Whitney Street................... Oak Street....................... Wendell Street.................. Oakwood Street................. Maple Street...................... Hills Street........ Cedar Street.................... Elm Street....................... Division Street................... Scott Street...................... Granger Street.................... Goethe Street............. Grand Haven Street............... Banks Street...................... Sigel Street...................... Schiller Street................... Carl Street....................... Grand Street..................... North Avenue.................... North Avenue................ 15.5 11. 1.5 18.5 * Bee Section 8, as to grade of North Water Street east and west from Wolcott Street. A... .a. e ~ 1. P4 1. P" 1. 10.9 10.9 1 1 5 1. 5 1. 11. 62 11.74 11.86 1 1. 98 1 2.1 1 2.22 12.84 12.5 12.62 12.72 ...... .o..o.. ..-... *..... ..... ...... ....... ...... 15. ...... 15. 15. 15'" ...... .o.... ...o.. 12.62 13.9 14.1 14.8 .o..... 14.5 14.8 ...... ...... ...... ...... I - Du 9 9: 11 ll:ti 11-62 11.74 11-86 11-98 12.1 l2-22 12-84 12.5 12.83 12.94 12.95 13.04 13.6 14.7 i6.i 11.62 11.74 11-86 11.98 12.1 12.22 12.84 12.6 12.62 7,2, 13.06 14.5 ii:i" 15.4 15. T 16. =.4 .3. m. iz pq -i R. . 1. . iz a ..a 11.62 11.74 11.86 11.98 12.1 12.22 12.34 12.5 12.8 13: 14:5 16. 18.5 11 62 11:74 11.86 11.98 12.1 12.22 12.34 12.5 12.62 11.62 11.74 11.86 11.98 - 12.1 12.22 12.84 10.9 10.9 ii'8' 11:62 11.74 11.86 11.98 12.1 12.22 12.34 ii. ii. ii. 11.5 11.62 11.74 1 11.86. 11.98 12.1 12.22 12.34 12,5 12.62 ii,. ii' 13.26 ii'6i' 1,3:15 ...... li'. ii' ii'i" 14: ii:' " 14. 14. 15 16:5 ii:' " 9. 10.5 ii. 11.5 11.62 11.74 11.86 11.98 12.1 12.22 12.34 12.5 12.87 13.04 22 li'4 14: 16.5 17. 17.5 13.89 13.91 C) .t 0 t4 zo -1 38 REYISED ORDINANCE. [CII. Grades SEC. 3. All grades between the points mentioned in straight lines. said tables shall be straight lilies, drawn from one fixed Exception. point to the next nearest fixed point. Except, that the grade of South Water street shall proceed on a level eastwardly from State street, until it intersects the former established grade of ten feet on State street and twelve feet on Wabash avenue, and thence rise to the grade now established; and the grade of Lake street shall proceed on a level eastwardly from State street, until it intersects the form er established grade of ten and five-tenths feet on State street, and twelve and twenrty-five hundredths feet on Wa bash avenue, and thence rise to the grade now established; and from the north and south streets in the south division south of Madison street, to and including Twelfth street, next to the south branch of the Chicago river, the grades of the east and west streets shall descend towards the river at the Exception. rate of one inch in each one hundred feet. And except, also that the grade of West Randolph street shall descend uniformly from the west line of West Water street to a grade of fourteen feet at a line forty feet east of Jefferson street, and thence proceed on a level to Jefferson street And except also, that the grade of North Water street shall rise each way from Wolcott street at the rate of one foot in each one hundred feet, until it meets the grade which corresponds with a grade of nine feet at Wolcott street, as provided by a contract with the Galena and Chi cago Union Railroad Company, of May 30, 1864, ratified by an ordinance of July 11, 1864. Sidewalks. SEC. 4. All sidewalks shall incline upwards from the outer edge, towards the line of buildings or lots at the rate of one inch in three feet. Const c- SEC. 5. Nothing herein contained shall be construed to tion of this chapter. confer any power on any party, person or firm, to fill streets or raise the grade of sidewalks in front of their own or any other premises until such streets have, by the common coun cil, been ordered filled to grade; the true intent and meaning of this chapter being to fix and determine the grade for streets or portions of streets to which it refers, but not to order them or any of them filled up to that grade. 238 [CH. REVISED ORDINANCE. GUNPOWDER AND GUN-COTTON. CHAPTER XI. GUNPOWDER AND GUN-COTTON. SECTION 1. Dealers in gunpowder and gun-cotton to have permits; proviso. 2. Application for permit; register; quantity and how kept; sale at night; sign; penalty. 3. Carrying through streets; penalty. 4. Vessels laden with, not to land or discharge within certain limits; penalty. SECTION 5. Mayor may cause removal of vessel; penalty. 6. hen permits expire; persons to whom not granted; charge for. 7. Officers to report violations. S. Appropriation of penalties. SECTION 1. No person shall keep, sell or give away gun- Permit powder or gun-cotton, in any quantity, without permission required. in writing, signed by the mayor and clerk, and sealed with the corporate seal, under a penalty of twenty-five dollars for every offense: Provided, Any person may keep for his own Provi,so. use not exceeding one pound of gunpowder or gun-cotton at one and the same time. SEC. 2. All applications for permits shall be made to Application for permit. the mayor. Not exceeding four permits shall be granted in any block. When the number of applications in any block shall at any time exceed the number to be granted, the requisite number shall be chosen by ballot by the common council. When issued, the clerk shall make an entry Register. thereof in a register to be providedl for the purpose, which entry shall state the name and place of business, and date of permit. Persons to whom permits may be issued shall Quantity. not have or keep at their place of business, or elsewhere within the city, a greater quantity of gunpowder or gun- How kept. cotton than fifty pounds at one time, and the same shall be kept in tin canisters or cases containing not to exceed thirteen pounds each, and in a situation remote from fires or lighted lamps, candles or gas, from which they may be easily removed in case of fire. Nor shall any person sell Sale at or weigh any gunpowder or gun-cotton after the lighting of night. lamps in the evening, unless in sealed canisters or cases. It shall be the duty of every person to whom a permit shall be given, to keep a sign at the front door of his place of BigS business, with the words "gunpowder" painted or printed thereon in large letters. A violation of any clause of this 11.] 239 240 REVISED ORDINAOE. [OH. Penalty. section shall subject the offender to a fine of not less than ten dollars nor exceeding one hundred dollars. Carrying SEC. 3. No person shall convey or carry any gunpowder through treets. or gun-cotton, (exceeding one pound in quantity,) through any street or alley in the city, in any cart, carriage, wagon, dray, wheelbarrow or otherwise, unless the said gunpowder or gun-cotton be secured in tight cases or kegs, well headed and hooped, and put into and entirely covered with a leather bag or case, sufficient to prevent such gunpowder or gunPenalty. cotton from being spilled or scattered, under a penalty of one hundred dollars. Restriction SEC. 4. No vessel laden in whole or in part with gunon vessels. powder or gun-cotton shall land at or make fast to any dock or wharf upon the Chicago river, or either branch thereof, between the south line of the school section and Chicago avenue, or discharge such gunpowder or gun-cotton within Penalty. said limits. If any master or owner of any vessel, or other person, shall violate any provision of this section, he shall be subject to a fine of not less than twenty dollars and not exceeding one hundred dollars. Mayor may SEC. 5. The mayor shall have power to cause any vessel remove vessel. to be removed from the limits mentioned in the previous section to any place beyond the same, by a written order, which shall be executed by the harbor master or any mem ber of the police. If any person shall neglect or refuse to obey such order, or shall resist any officer in the execution Penalty. of the same, he shall be subject to a penalty of one hundred dollars. Expire. SEC. 6. All permissions granted under this chapter shall expire on the tenth day of June in each year. And no per No permit mit shall be granted to any retailer of intoxicating liquors to whom. or to any intemperate person. The collector shall receive, charge. for the use of the city, five dollars for every permit which may be issued. Officers SEC. 7. It shall be the duty of the officers of the police to report violations. and fire departments to report all violations of this chapter which may come to their knowledge, to the city attorney for prosecution. AiPnProprl- SEC. 8. One-half of the moneys collected for fines or penalties. enalties under the provisions of this chapter shall be paid [Cli. REVIS ED ORDINANCE. 12.]~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.iBR 4 to the firemen's relief fund, and constitute a part of said fund, and the remaining half shall be expended by the fire marshal in the embellishment or improvement of the instruments of the fire department. CHAPTER XII. HARBOR. SECTION 1. Harbor master to keep office; pass along river; carry trumpet; keep accounts, record, and report to coun cil; have charge of life-boat, and perform other duties. 2. To give orders as to vessels in harbor; penalty for disobeying. 8. Vessels adrift, etc., owner notified; penalty to owner not securing. 4. Harbor master may secure; ex penses a lien; penalty for resisting. 5. Penalties. etc., a lien; how enforced; to be paid into treasury; penalty. 6. Vessels not to remain at south pier; penalty; proviso. 7. Obstructing passage; injuring bridges; penalty. 8. Speed at bridges; obstructing same; penalty. SECTION 9. Vessels to be towed at bridges; pen alty. 10. Injuring bridges; penalty. 11. Cargo left projecting over wharf; penalty. 12. Smoke-pipes to prevent sparks; joints in; speed; vessels not to be left alone; laden with gunpowder and gun-cotton not to land in cer tain limits; harbor master to pre vent; rules as to anchors and yards; lights; fires; fastening; penalty. 18. Penalties, etc., a lien; how enforced. 14. Depositing obstructions in harbor; penalty. 15. Harbor master to be policeman. 16. Construction of words. 17. Tug boats injuring dredges or other machines; penalty. SECTION 1. The harbor master shall keep an office in Harbor master. such place as the common council shall designate or provide, Office. where, at all times during the season of navigation, hlie can be found, or where orders can be left that shall receive prompt attention. fle shall pass along so as to see the To pass along the entire harbor, as far up as Lake street bridge, at least three river. times each day; and as far up the south branch as Twelfth street, and as far up the north branch as Chicago avenue, at least twice each day during the time thle harbor is navigable. iHe shall, at all times while on duty, carry a speak- Trumpet. ing trumpet, which shall be his badge of office, and thtrough which his orders can be heard at a distance. He shall keep Kecep an accurate account and record of each case of damages to bridges, docks and all other city property pertaining to the harbor, accruing by any and every breach of the provisions of any ordinance, by any person, vessel, craft or float, the name of such vessel, craft or float, the owner, master, or consignee thereof, and shall gather all evidence and information in his power, concerning any such breach or breaches, 16 241 12.] TIAP.BOR. REVISED ORDINANCE. forthwith after the occurrence of such breach; keep an Record accurate record of the amount of such damage, when, to and report. whom, and how paid, and an account of all claims against the city made by vessel owners, or persons navigating the harbor, for damages sustained in said harbor, to ves sels or other crafts, and make a detailed report of all such record, semi-annually, (or oftener if required by the council,) and submit the same to the common council. Life-boats. IHe shall have charge of and be responsible for the safe keeping of the city life-boats and any other property that may be placed in his charge by the common Pouncil, or Other the board of public works. iHe shall perform all the duties. duties required of him by this chapter or any ordinance, or resolution of the common council, or order of the board of public works. Give orders. SEC. 2. The harbor master shall give such orders and directions relative to the location, change of place or station, manner of moving or use of the harbor, of every vessel, craft or float, lying, moving or laid up in the harbor not in use, as may be necessary to promote good order therein, and the safety and equal convenience of such vesPenalty. sels, crafts or floats; and any owner, master, or other person having charge of the same, who shall refuse or neglect to obey any such order br direction, shall be subject to a penalty of twenty-five dollars for every such neglect or refusal; which penalty shall constitute a lien upon such vessel, craft or float, until fully paid. vessels SEC. 3. Whenever there shall be in the harbor any vessel, craft or float insecurely fastened, adrift, sunken or laid up, not in use, which may require to be fastened, raised, removed, or its location changed, the harbor master Notice. shall notify the owner, master or other person, who may be in charge thereof, to secure, raise or remove such vessel, craft or float without delay. But if the harbor master shall be unable to find the master, owner or person in charge of such vessel, craft or float as aforesaid, or if no person answering such description can be found by him, Penalty. such notice shall not be required. And any person who shall refuse or neglect to comply with such order or di rection, shall be subject to a penalty of twenty-five dollars, [ C ]Ff. 242 12.] HARBOR. 243 and the further penalty of ten dollars for every day he or they shall refuse or neglect to observe the same, which penalty shall constitute a lien upon such vessel, caft or float until fully paid. SEC. 4. If any vessel, craft or float shall not be secured, abor . ~~~~~~~ master to raised, removed, or its location changed, in compliance with %. the direction of the harbor master after notice, or if the harbor master shall be unable to serve such notice as afore said, in either case he shall cause such vessels, craft or float, to be secured, raised, removed, or its location changed as aforesaid, employing such assistance as may be necessary for the purpose. All expenses which may be incurred in aPen. any case, shall be recoverable of the owner, consignee, master, or other person having charge of such vessel, craft or float; and the same expenses are hereby declared to be a lien upon such vessel, craft or float until fully paid. And if any person shall resist the harbor master, or Penalty. any person acting under him, in the execution of such duty, or of any duty imposed upon him by this chapter, such person so resisting shall be subject to a fine of not less than ten dollars and not exceeding one hundred dollars, and may be imprisoned not exceeding thirty days. SEC. 5. All penalties, fines, damages, and expenses, Penalties, which may be made, or become a lien upon any vessel, craft tc., lien. or float, by the provisions hereof, shall attach from the time the right of action may accrue, and the harbor master shall detain any vessel, craft or float, subject to such lien, or such parts of her, or of her rigging, anchors or apparel as shall be sufficient to discharge the same. Such lien, if'lw enforced. not otherwise discharged, may be enforced against the vessel, craft, or float, or other property so detained, by an attachment against such vessel, craft or float, by her or its name,or against the owner or owners thereof, if known, in the manner provided by the laws of this State for the enforcement of maritime claims against boats and vessels. All suits which may be brought under this chapter, whether in rem, or in personam, shall be brought in the name of the city of Chicago, and all the expenses which may be incurred in such detention, shall'likewise be a lien upon such vessel, craft, or float, and recoverable as a part of the original cause of action. All 12.] 243 HARBOR. 244 REVISED ORDIACE. [()H. Paid into moneys which may be paid to or collected by the harbor treasury. master, or which shall be collected in any suit instituted as aforesaid, shall be paid by the officer collecting the same into the city treasury. If any person or persons shall resist the harbor master, or any person acting under him, in the detention of any vessel, craft or float, for the purposes Penalty. aforesaid, he and they shall be subject to a fine of not less than ten dollars and not exceeding one hundred dollars. Vessels at ~, o n ncag Vsouth pier C. 6. No master, owner, or any person in charge of any vessel, craft or float, shall cause or suffer the same to remain at or within one hundred feet of the south pier for a longer period than is actually necessary to furl sail on Penalty. coming in, or make sail on departing, under a penalty of ten Proviso. dollars: Provided, That rafts or vessels necessarily used in the construction or repair of the piers, shall not be deemed to be within this provision. Passage SEC. 7. No vessel, craft or float shall be so moored or not to be obstructed. anchored within the harbor, or in any slip or dock, as to prevent the passage of any other vessel, craft or float; nor uIring shall any vessel, craft or float be so moved as to run against bridge. or injure any bridge across the river, or any branch thereof, Penalty. under a penalty of Rot less than ten dollars nor exceeding one hundred dollars, to the master, owner or person in charge thereof. bSpeed at SEC. 8. All vessels, crafts or floats navigating the harbor, bridge or ferry. when passing any bridge or ferry, shall be moved past the same as expeditiously as is consistent with a proper move ment in the harbor, but in no case shall any vessel, craft or float, while passing any bridge or ferry and obstructing the passage across such bridge or ferry, move at a rate of speed Obstructing less than two miles per hour; and no vessel, craft or float same, same. shall be so anchored or fastened as to prevent any bridge from a free and speedy opening, or any ferry-boat from a flree and direct passage; nor shall any line or fastening be so thrown, laid or made fast as to cross the track of any Penalty. bridge or ferry, under a penalty of twenty-five dollars for each offense, to the master or other person having charge of such vessel, craft qr float. To be towed SEC. 9. All vessels crafts or floats not ropelled b ~at bridges. SC.Alvses r~ rfot,ntpoeldb 244 [CH. REVISED ORDTNANCE, 1w]HRBR 4 steam, navigating the harbor, for which the opening of any bridge may be necessary, shall, while approaching and passing such bridge, be towed by a steam tug, under a penalty, upon the master, owner or person in charge thereof Penalty. of not less than twenty-five dollars nor exceeding one hundred dollars. SEC. 10. Whenever any person having charge of any Inridgeng vessel, craft or float shall wish to move the same past any ferry or bridge, reasonable time shall be allowed for the opening of the same; and any person who shall move any vessel, craft or float against any bridge or ferry, or the draw of any bridge, before the same shall be opened, to the injury thereof, shall be subject to a fine not exceeding five Penalty. hundred dollars, and be likewise answerable to the city for damages. SEC. 11. No person discharging the cargo of any vessel, Oargo Ift projecting. craft or float shall suffer any part of such cargo to remain projecting over the front of any wharf after such vessel, craft or float shall remove from the wharf, under a penalty, Penalty. to the master, owner or other person having charge of such vessel, craft or float occupying such wharf, of ten dollars for every hour such projection shall continue. SEC. 12. All vessels, crafts or floats lying in or navi- Rules. gating the harbor, shall be respectively governed by the following further provisions: First. All vessels using steam shall have their smoke- Smoke pipes. pipes so constructed and managed as to prevent sparks or coals of fire escaping therefrom, and shall be moved slowly at a speed not exceeding three miles per hour, and under a Speed. low head of steam. All tug boats or steam vessels used Joint in smoke-pipe. chiefly for towing, shall have a joint in their smoke-pipes, and shall be constructed in all respects in such a manner as to be able to pass under any bridge which is not less than thirteen feet above the surface of the water. Second. All sail vessels shall likewise be moved slowly Speed. and under short sail, so as not in any case to endanger or injure other vessels. Third. No master or other person owning or having Person in charge of any vessel, craft or float, shall leave the same in charge. the harbor without having on board or in charge thereof 12.] 245 HARBOR. 24(3 REVISED ORDINANGE. [CH. some competent person to control, manage and secure the same, without first obtaining permission of the harbor master. Gunpowder Fourth. No vessel laden in whole or in part with gunand gunot ton. powder or gun-cotton shall land at or make fast to any dock or wharf upon the Chicago river, or either branch thereof, between the south line of the school section and Chicago avenue, or discharge such gunpowder or gun-cotton within said limits. The harbor master shall prevent any vessel with gunpowder or gun-cotton on board from making fast to any wharf or dock, or unloading within the limits afore said. Anchors. Fifth. All vessels, crafts or floats, whether using steam or otherwise, while in the harbor, shall have and keep their anchors inboard or suspended from the hawse-pipe by the ring or shackle, and said ring and shackle shall be below Yards. the surface of the water, and their lower yards cock-billed and their upper yards braced up sharp. Lights. Sixth. They shall likewise have and keep outboard during the night time a conspicuous light, and shall have Fires. extinguished or safely secured at dark all fires which may be kept on board. Insecure. Seventh. No vesse}, craft or float shall be suffered to lie in the harbor adrift or insecurely fastened. Penalty. Eighth. Any master, owner or other person having charge of any such vessel, craft or float, shall be subject to a fine of not less than twenty dollars nor exceeding one hundred dollars, for every violation of any of the foregoing provisions, and to like fine for every refusal to conform thereto when directed by the harbor master. Penalties SEC. 13. All penalties, fines and damages which may be a lien. incurred by the owner, consignee, master or other person having charge of any vessel, craft or float, under any pro vision of this chapter, are hereby declared to be recoverable of and a charge and lien on the vessel, craft or float of which he may be owner, consignee, master or in charge; and such lien may be enforced in the same manner as other liens against the same. Obstructing SEC. 14. No person shall cast or deposit, or suffer to be harbor. cast or deposited, in the harbor or slips within the limits of [ale 246 RE VISED ORDINANCE. 12.] HARBOR. 24 the city, any earth, ashes or other heavy substance or substances, filth, logs or floating matter, or any obstructions, under a fine of not more than one hundred dollars for each Penalty. and every offense, and not more than twenty-five dollars for every day the same shall be suffered to remain there. SEC. 15. The harbor master shall be appointed a special Harbor master a policeman for the purpose of carrying more readily into policema. effect the police regulations of the city concerning the harbor under his charge, and to preserve the public peace and quiet in and about said harbor. SEc. 16. The words "vessels, crafts and floats" shall Connstrue tion of be deemed to include every species of steam and other ves- words. sels or boats lying or floating in or navigating the harbor, and also all rafts of logs, timber, wood, lumber or other floating matter; and the "harbor" shall be deemed to include the Chicago river and its branches to their respective sources, the piers, and so much of lake Michigan as lies within the distance of one mile of the shores of the city. -SEc. 17. If any owner, or master or other person in Tug boats inyuring charge of, or command of, or sailing any tug boat or towing dreg. boat in and upon the Chicago river, or any of the branches of said river, or upon lake Michigan within said city limits, shall run, sail, or cause to be run or sailed, such tug boat, or towing boat or anything that they may have in tow, upon, against or over any rope, chain or other fastening mooring any dredge in said river, or any branch thereof or lake within said city, or other machines used by said city in either of said river branches or lake, for deepening, widening and improving the same, or either of them, or any part thereof, so that the said dredge or other machine shall be displaced, hindered or delayed in the working thereof, such persons so offending shall forfeit and pay to said city any sum not less than ten dollars nor more than one hundred Penalty. dollars for each offense. 12.] 241 HARBOR. 248 REVISED ORDINANOE. [CH. CHAPTER XIII. HAY. SRCTION 1. City weighers; how appointed. 2. To give bonds and take oath. 3. To provide scales; weigh hay; make deduction and give certificate; fees. 4. To have scales inspected every three months, or oftener if required; pro viso as to expense thereof. 5. To keep book; manner of weighing and giving certificate; expense of re weighing; duty to detect offenders. SECTION 6. Hay stands; hay sold by the load to be weighed by city weigher; alter ation or misuse of certificate; dimin ishing quantity after weighing. 7. Bales of hay to be weighed and mark ed; if of less weight than marked, offense. 8. Hay stands designated. 9. Penalty for violation. Appoint- SECTION 1. There shall be appointed by the common ment of city weighers. council by ballot, biennially, on the second Monday of May, or as soon thereafter as may be, such number of competent persons in each division of said city as may be deemed necessary, who shall be denominated "City Weighers." Bonds SEc. 2. The said city weighers, before they or any of them shall enter upon the duties of their respective offices, shall respectively give bonds in the penal sum of five hun dred dollars, with sureties to be approved by the mayor, conditioned for the faithful discharge of their duties, and Oath. they shall also severally take and subscribe to the usual oath of office. Scales. SEC. 3. It shall be the duty of the said city weighers sev erally to provide themselves with proper scales, and well and Weighing. truly to weigh any cart, wagon or sled load of hay, when ap plied to by any person desiring the same, and to make such Deduction. reduction from the weight of such hay as to them may seem reasonable and just by reason of said hay being damp, wet or not well cured, and deliver to the person so applying, a Certificate. certificate thereof, for which the said weighers may demand Fees. and receive the sum of ten cents from the person having the same weighed. Testing of SEC. 4. The said city weighers shall severally have scales. their said hay scales inspected and tested as often as once in three months by the city sealer of weights and measures, and oftener if required by any person desiring to use the Proviso. same: Providred, if any person shall require the same to be tested as aforesaid oftener than once in three months, and [CH. 248 REVISED ORDINANCE. 13.] HAY 2 they are so tested and found correct, the person so requiring the same to be tested shall pay the expenses of such testing. SEC. 5. The said city weighers shall severally provide Book. themselves with, and each shall keep, a book in which he shall enter the amount of each load, and the name of each person for whom, and the date when the same was weighed; and when the vehicle and load shall be weighed together, aeingnhi,,gr of weighing the city weigher's certificate shall state the gross weight and ZD ~~~~~~~~~~~~~~~~~~certificate. thereof, and upon the sale or delivery of said load, the vehicle shall again be weighed, without charge, by the city weigher who weighed the original load, and thus the net weight of the load ascertained; and in no case shall any city weigher state in his said certificate the weight of any vehicle which may have been weighed with any load until such city weigher shall have ascertained the weight of such vehicle by actually personally weighing the same on his said scales. And on request of any purchaser, every load Pe-weighor bale of hay so offered for sale shall be re-weighed, and g. the expense of re-weighing shall be paid by the purchaser, Expense. if the weight be found correct, but if found incorrect, the expense of weighing such load or bale of hay shall be paid by the seller. And it is hereby made the express duty of Deteting offenaders. the city weighers to use great diligence in detecting and bringing to punishment any person or persons who shall offend against any of the provisions of this chapter. SEC. 6. All hay which shall be offered for sale by the Loads of hay; load in the city of Chicago, shall stand at one of the hay stands,and weighing. stands hereinafter designated, in such order and manner as the mayor shall direct, and no person shall offer for sale or sell any load of hay within the limits of the city of Chicago, without the same having first been weighed by a city weigher, and if offered for sale at the West Randolph street hay stand, by the city weigher at said stand, and a certificate thereof, in conformity herewith, given. No person shall alter any Frauds. certificate of any city weigher, or use or attempt to use the same for any other load or parcel than the one for which the same was given, nor, after the weighing and before the sale and delivery of any load or parcel, diminish the quantity thereof. 13.] 249 HAY. 250 REVISED ORDINANCE. [on. Bales of hay SEC. 7. All hay sold or offered for sale by the bale, shall weighed andmarked. first be weighed on some proper scales by the person offer ing the same for sale, and the amount of the weight of said bale shall be stamped or marked, with the name of the perOffense. son so selling the same, on such bale; and if said bale of hay so sold or offered for sale shall weigh less than the amount so stamped or marked thereon, the person so selling or offering the same for sale, shall be deemed guilty of vio lating this chapter. Hay stands. SEC. 8. West Randolph street, from the middle of the block between Desplaines and Union streets, to the east line of lHalsted street, and Illinois street, from the east line of North Clark street to the west line of North Dearborn street, leaving a space of at least twenty feet open in the centre of the street for the passage of teams, are hereby designated hay stands. Penalty. SEC. 9. Any person who shall offend against any of the provisions of this chapter shall be fined, on conviction,..in any sum not exceeding one hundred dollars, in the discretion of the court. CH APTER XIV. HEALTH DEPARTMENT. SECTION 1. Precautions; penalty; proviso. 2. Health officer; duties and powers. 3. Duty as to nuisances; penalty and expense. ~ To visit sick; remove them to hospi tal; provide nurses and attendance. 5. Notices of small pox; penalty for removal; occupant responsible. 6. Duty of health officer as to hospitals; proviso. 7. Offensive matter in streets, etc.; or premises; penalty. 8. Same in lake, river or grounds; pen alty. 9. Physicians to report contagious dis eases; penalty. SECTION 10. Removing into public place sick per sons; penalty. 11. City physician; duties and powers. 12. Quarantine regulations. 13. Police force at quarantine. 14 Power to stop vessels, etc., at, Or bring back to, quarantine. 15. Board of police to make quarantine and health regulations. 16. Quarantine physicians, agents,nurses, etc.; pay; proviso. 17. Quarantine regulations to be obeyed. 18. Quarantine fund. 19. Penalty for violating, etc. Precau- SECTION 1. The board of police may take such meastions. ures as they may from time to time deem necessary to pre vent the spread of the small pox, (or other pestilential dis eases,) by issuing an order requiring all persons in the city, or any part thereof, to be vaccinated within such time as they shall prescribe; and all persons refusing or neglecting ECII. 250 REVISED ORDINANCE. 14.] HEALTH J)EPARTMET. 251 to obey such order shall be liable to a fine of not less than Penalty. three dollars nor more than twenty-five dollars: Provided, Proviso. That it shall be the duty of the board to provide for the vaccination of such persons as are unable to pay for the same, at the expense of the city. SEC. 2. It shall be the duty of the health officer to carry nealeth out all the orders of the board of police and the laws of the Duties. State and ordinances of the city in relation to the sanitary regulations of the city; to proceed immediately, and from time to time, to make a thorough and systematic examination of the city, and cause all nuisances to be abated with all reasonable promptness. And for the purpose of carrying out the Powers. foregoing requirements, he shall be permitted at all times, from the rising to the setting of the sun, to enter into any house, store, stable, or other building, and to cause the floors to be raised, if he shall deem it necessary, in order to a thorough examination of cellars, vaults, sinks or drains; to enter upon all lots or grounds, and to cause all stagnant waters to be drained off, and pools, sinks, vaults, drains or low ground to be cleansed, filled up, or otherwise improved or amended; to cause all privies to be cleansed and kept in a good condition; and to cause all dead animals or other nauseous or unwholesome things or substances to be buried or removed beyond the limits of the city. SEc. 3. In order to the carrying out of the provisions of Notibcate to abate the foregoing section, it shall be the duty of the health officer nuisance. to serve a notice in writing upon the owner, occupant or agent of any lot, building, or premises in or upon which any nuisance may be found, or who may be the owner or cause of any such nuisance, requiring them to abate the same in such manner as he shall prescribe, within reasonable time: Provided, That it shall not be necessary in any case for the Proviso health officer to specify in his notice the manner in which any nuisance shall be abated, unless he shall deem it advisable so to do; and such notice may be given or served by any officer who may be directed or deputed to give or make the same; and if such owner, occupant or agent shall neglect or refuse to comply with the requirements of such order within the time specified, they shall be subject to a fine of not Penalty. not less than three dollars nor more than fifty dollars for 14.] 251 HEALT]L DEPARTMENT. REVISED ORDINANCE. every such violation. And it shall be the duty of the said officer to proceed at once, upon the expiration of the time specified in said notice, to cause such nuisance to be abated: Proviso. Provided, That whenever the owner, occupant or agent of any premises in or upon which any nuisance may be found, is Hfealtho unknown or cannot be found, the said health officer shall officer to ukono antb on,t abate. proceed to abate the same without notice; and in either Expense case the expense of such abatement shall be collected in the manner provided by the city charter and amendments thereto. Removal to SEC. 4. It shall be the further duty of the health officer to visit and examine all sick persons who shall be reported to him as laboring, or supposed to be laboring under any yellow or ship fever, small pox, cholera, or any infectious or pestilential disease, and under the advice of the city physi cian, cause all such infected persons to be removed to the cholera, small - pox, or other hospitals, or to such other safe and proper place as he may think proper, or as he shall be directed by the said city physician, not exceeding three miles from said city, and cause them to be provided with Nurses and suitable nurses and medical attendance, at their own expense, attendance. if they are able to pay for the same, but if not, at the ex pense of the city. Notice of SEC. 5. It shall be the further duty of the health officer, small pox. small pox. when directed by the city physician, or by the board of police, to cause a notice, printed or written in large letters, to be placed upon or near any house in which any person may be affected or sick with small pox, upon which shall be written, small pox here; and if any person or persons shall deface, alter, mutilate, destroy, or tear down such notice, without permission of the board of police, or of the health officer, such person or persons shall be liable for each offense Penalty. to pay a fine of not less than twenty-five dollars nor more than fifty dollars. The occupant of any house upon which such notice shall be placed or posted as aforesaid, shall be held responsible for the removal of the same, and if the same shall be removed without the permission of the board of Ocehupant police, or of the health officer, such occupant shall be subof house responsible. ject to the like fine of not less than twenty-five dollars nor more than fifty dollars, unless he shall notify the board Ecir. 252 IHEALTH DEPARTMENT. of police or the health officer within twenty-four hours after the removal of the said notice. SEC. 6. It shall be the duty of the health officer to see Duty of health that the hospitals of the city are supplied with suitable officer as to p ~~~~~~~~~~~~~~~~~hospital. nurses, furniture, nourishment, fuel and medicines, under the direction of the board of police or city physician, and that persons dying therein, or in other places under the charge of the city, are decently and promptly buried at the expense of the city: Provided, Such deceased persons have Proviso. not the means to defray their own expenses of sickness or burial. SEC. 7. No person shall throw, place or conduct, or Offensive matter in suffer his or her servant, child or family to throw, place or streets, etc. conduct into any street, alley or lot, any putrid or unsound beef, pork, fish, hides or skins of any kind, or any filth, offal, dung, dead animal, vegetables, oyster shells, or other unsound or offensive matter whatever, or anything likely to become offensive. Nor shall any person allow such filth, offal, dung, or other offensive matter as aforesaid, to be or remain upon their premises, or in any out-house, stable, Premises. privy or other place owned or occupied by them, or in any alley or street in front of such premises, in such manner as to be offensive to the neighborhood. And every person Penalty. who shall violate any of the provisions of this section, shall be fined in a sum not exceeding twenty-five dollars. SEc. 8. No person or persons shall throw, place or de- oaffttensive mnatter in posit, or cause to be thrown, placed or deposited, any dung, lake, river, etc. carrion, dead animal, offal or other putrid or unwholesome substance, or the contents of any privy, upon the margin or banks or into the waters of lake Michigan within the limits of said city of Chicago, or upon the margin or banks or into the waters of the Chicago river or either of its branches, or upon any public grounds, or upon any lot within the limits of said city, under the penalty of twenty- Penalty. five dollars for each and every offense, and a further penalty of five dollars for each and every day the same shall be allowed to remain after a conviction for the first offense. SEC. 9. Every practicing physician in the city, who Physicianto report. shall have a patient laboring under any malignant or yellow fever, small pox, or other infectious or pestilential disease, 14.] 253 254 REYIED ()RDIANCE. [OH. shall forthwith make report thereof in writing to the secre tary of the board of police, describing the street, number and locality of the house or place where the said patient may be located, so that it may be easily found, and for Penalty. neglecting so to do, shall be liable to a fine of fifty dollars. Infectious SEC. 10. No person shall put out, remove, or allow to diseases. be put out or removed, from the premises or place occupied or owned by him, into any street, alley or other public place, in said city, any person having the small pox or any other infectious or pestilential disease, but such owner or occupant shall immediately report such case to the health Penalty. officer, or secretary of the board of police. Any person who shall violate any clause of, or neglect to perform any duty required in this section, shall pay a penalty of not less than ten dollars, nor more than one hundred dollars, and may be confined in the city bridewell, not exceeding sixty days. City SEC. 11. It shall be the duty of the city physician: physician First. To have and exercise a general supervision over the sanitary condition of the city, and to report to the board of police all nuisances, the prevalence of any epidemic, contagious or infectious disease, or other causes, which in his opinion are likely to be detrimental to the general health. Vaccine. Second. To keep on hand, at all times, a sufficient supply of genuine vaccine matter, and see that all persons, so far as he may have it in his power, are properly vaccinated, especially those in the vicinity of any person attacked by small pox. Contagious Third. Upon being informed of the existence or introor infectious diseases. duction of any contagious or infectious disease within the city, to inquire immediately into the facts, and report the same to the board of police, and see that the orders of the board of police are obeyed, so far as practicable. Hospitals. Fourth. To superintend the small pox, cholera and other city hospitals, and administer to all persons conveyed there, who have no other physician, or who are unable to employ Poor one; to attend and administer to such other indigent persons. persons as he may be directed to by the board of police or the health officer; and to visit and administer to prison 254 lolf. REVISED ORDINANCE. 14.] HEALTH DEPARTMENT. 255 ers, sick in the city work-house, calaboose, watch-house, or rrisoners. house of correction. Fifth. To attend the meetings of the board of police, Reports to board of and report to it all cases where any sick person has not been police. properly attended to, and all other matters which he may deem important, and give such information as the said board may desire, in relation to the sanitary condition or regulations of the city, so far as he may be able so to do. Sixth. To examine, at the request of the board of police Boats and vessels. or the health officer, boats and vessels coming into port, the officers, crew or passengers of which may be supposed to be affected by any contagious or infectious disease, and advise the health officer what disposition shall be made of the same; and to perform such other duties as the common council shall hereafter prescribe, including the vaccination of the children in the public schools, or of others request- Schools. ing him to do so; and to make a monthly report of his eport to council. transactions to the common council, together with such sugestions as experience may point out as calculated to promote the general sanitary condition of the city. SEC. 12. The board of police, by and with the approval Quarantine regulations. of the common council, may select, purchase, lease and establish such sites, places and boundaries for quarantine stations and purposes, and with the approval of said council may erect from time to time such buildings and hospitals upon such sites and places, and so keep the same in repair as in their judgment shall be deemed necessary. And the said board, whenever and at such times as by them it shall be deemed necessary, may, by proclamation (the approval of the common council being first had and obtained,) require all boats, vessels, railroad cars or other public conveyances bound for this city, before the same shall land or stop at any wharf, depot, or landing or stopping place therein, to touch or stop at any or either of the sites, places or boundaries so selected and established for quarantine purposes, and leave all such emigrants, travelers or persons recently from seaboard, and all such sick, diseased or unclean persons, with their stores and baggage, as in the opinion of the officers stationed at such quarantine sites, places or boundaries, shall be deemed proper, on account of 2 5.5 14.] HEALTH DEPARTMENT. 25b.EIE ORIANE [C the existence or general report of cholera, ship fever or any contagious disease, or disease apprehended to endanger the health of the city; and whenever it shall be deemed necessary to issue the said proclamation, it shall be the duty of the said board to send the same, together with the substance of the regulations for quarantine, and the period for which the same shall be in force, unless sooner revoked, to New York, Buffalo, Detroit, Toledo, La Salle, Saint Louis, Galena, Dubuque, Burlington, and such other cities and places as by them shall be deemed proper; and shall also cause to be stationed at such quarantine sites, places and boundaries as said board may deem advisable, one or more physicians or health officers, whose duty it shall be to go on board and examine all boats, vessels, cars or other public conveyance, so as aforesaid required to touch or stop at said quarantines respectively, and then and there determine what emigrants, passengers or persons (if any) shall be permitted to come to the city, and what emigrants, passengers or persons, (if any) shall stop at such quarantine; and it shall be the duty of all persons conducting or in charge of any such vessel, boat, car or public conveyance, to aid and assist any physician or health officer so as aforesaid stationed, in the exercise of his duties; and thie said physicians or health officers shall attend to all sick persons who may be landed or placed in quarantine, and provide medicines and necessaries for their use, and shall have general supervision of such quarantines and compel persons therein to purify their bodies, clothes and baggage, and do all such acts and tbings as shall be proper in the premises, keeping correct accounts of all expenditures and wages, which shall be allowed and paid by order of the said board. And whenever the physician or officer in charge of any quarantine station or place, as aforesaid, shall, upon examination, be satisfied that there is no longer occasion for the detention of any boat, vessel, car or conveyance at such quarantine or place, anid such boat, vessel, car or conveyance shall have been thoroughly cleansed, and such persons as aforesaid landed and placed in the care of such physician or officer such physician or officer shall give such vessel, boat, car or conveyance a permit, signed by him, to enter the city [Cill. 256 REVISED ORDINANCE. 1 4.1 HIEALTH DEPARTMENT. 5 which shall be ample authority for the entry of said boat vessel, car or conveyance. And the said officers respect ively shall discharge all persons in quarantine by their cer tificate for that purpose, whenever they are satisfied that such persons are free of disease, and their baggage and effects properly purified: Provided, however, That the board Proviso. in their discretion, by proclamation for that purpose, may, during the prevalence of cholera, ship fever or other contagious or fatal disease, forbid the admission of emi grants or others peculiarly liable thereto, into any or all of said quarantines or stations, until, in their opinion, the health of the city will justify the same. SEc. 13. It shall be the duty of the said board, when- Police at quarantine. ever by them it shall be deemed necessary, to keep at the quarantine quarantine station or stations a sufficient police force, whose duty it shall be to enforce all regulations by this chapter required, or by said board to be established, and to arrest all persons violating said regulations, or committing any breaches of the peace, and bring such persons before any court having jurisdiction, for trial, and to arrest and commit for trial all persons disobeying, or interfering with, or resisting any physician, health officer, or other person in authority at such quarantine site, place or station. SEC. 14. In case any boat, vessel, car or public convey- Power to stop at ance shall leave any quarantine station, place or boundary quarantine. without a permit as aforesaid, or shall fail to stop at the same, when so as aforesaid required by thle issuiing of the said proclamation, or whenever the person in charge thereof, or any person under his coImmland, shall fail or refuse to obey any regulation or command of the said board, health officer, physician or person in charge of any quarantine station or place, or any provision or requirement of this chapter, the said board shall have power, and it is hereby made their duty, if in their opinion the health of the city requires it, to send sufficient police force to such boat, vessel, car or public conveyance, and cause the same, with the crew and passengers on board? to be landed, or stopped, or conveyed to the quarantine station or place, and there to remain until properly discharged by the permit as aforesaid; 17 '28RVSDODNN). [ and the owner, master or the person in charge of any such boat, vessel, car or public conveyance, shall be liable to the city for all expenses and costs incurred by reason thereof, and if any emigrant, traveler or person, so placed in quarantine as aforesaid, shall leave the same without per mission as aforesaid, he may be arrested and taken back to said quarantine, and there retained until such permission shall be given. Powaker toe SEC. 15. The said board shall make such rules and make rules andregula- regulations for the government of the quarantine or health tions. of the city, as from time to time they shall deem necessary; and the physicians or health officers in charge of any quar antine station or place, shall have power to make and enforce such regulations as may be necessary for the proper conducting and management thereof; and it shall be the duty of all persons in quarantine, and all agents, officers, policemen or others employed by the city in and about said quarantine stations or places, to carry out and obey the same. Quarantinse SEC. 16. The said board, by and with the approval of phiysicians. the common council, may appoint one or more competent physicians as quarantine physicians, who shall be present at such quarantine stations as the said board shall designate, and at such times as said board shall direct, and attend to all the duties imposed by this chapter or by the regulations of said board, who shall receive, each, for actual services Pay. rendered, and for such time as such services shall be actually required, not less than five dollars nor more than ten dollars Agent, per day, to be allowed by the said board; also the said board IIUr8ses etc. may employ such agents, servants, nurses or temporary med ical assistance, for the purpose of carrying into effect the objects and intent of this chapter, or of any regulation of the board, as in their judgment shall, from time to time, be necessary, or authorize the employment thereof by the physicians or health officers in charge of any quarantine Expenses. or station. All the salaries, wages and expenses in this section contemplated are to be audited and allowed by the said board, and when so allowed, are to be paid out of the fund set apart for quarantine purposes, or, in case of necesProviso. sity, out of the contingent fund of the city: Provided That, 258 [CH. REVISED ORDINANCE. 14.] IIEALTH DEPARTMENT. 259~~~~~~~~~~~~- when practicable, the persons taken in such quarantine or stations, and receiving the aid and care afforded thereby, shall each pay a sum of money sufficient to meet all ex penses, labor and care incurred in his behalf, which said amounts shall be faithfully kept, reported and accounted for by the physician, health officer or other person in charge of said quarantine or station, to the said board; and all other expenses incurred or to be incurred by reason of this chapter, or of ally regulation of said board, shall be paid out of the fund set apart for quarantine purposes, or, when necessary, out of the contingent fund of the city. SEc. 17. No person, master, captain, conductor in charge Quarantine regulations of any boat, vessel, railroad car or public conveyance, shall to be knowingly bring into this city any person or persons dis eased of cholera, small pox, ship fever or contagious or communicable disease whatsoever; and no vessel, boat, railroad car or public conveyance, at any time covered by the said proclamation, shall pass by any quarantine station or place without stopping, nor shall leave the same without the permit aforesaid; and no person stopping in said quar antine, or so as aforesaid received therein, shall leave the same without first obtaining permission as aforesaid; nor shall any person aid or abet any master, conductor or person in charge of any boat, vessel, railroad car or public conveyance, in violating, neglecting or evading any provision or requirement of this chapter; nor shall any person interfere with, resist, or neglect, or refuse to obey the orders of any physician, health officer, policeman or other person in authority at any quarantine station or place of quarantine so as aforesaid established, nor do any act or thing in violation of, or in disobedience to any of the provisions, clauses or sections of this chapter; nor shall commit any breach of the peace, or do any act calculated in any way to defeat or interfere with the provisions or requirements of this chapter, or of any regulation of the said board, physician or officer in charge of any quarantine. SEc. 18. The moneys appropriated to the quarantine Quarantine fund shall be faithfully applied by the said board to the fund. true objects and purposes of its appropriation, and the said 14.] 2ii9 HEALTH DEPART31ENT. 260 REVISED ORDINANCE. [CH. board shall make reports of their doings and expenditures to the common council, whenever requested so to do. Penalty. SEC. 19. Any master of a vessel, conductor, captain or person whatsoever, who shall violate any clause, provision, requirement, duty or regulation of this chapter, or of any rule or regulation of the said board, or physician, or health officer in charge of any quarantine, or who shall fail or neg lect to comply with any such clause, provision, requirement, duty or orders, or who shall interfere with, or in any man ner resist any officer or agent of the city in the discharge of his duty as herein contemplated, or who shall commit any breach of the peace, or be guilty of any act or thing calcu lated to defeat or interrupt the carrying into effect any part of this chapter, or any regulation of the said board, shall, in cases where no other penalty is provided, on conviction, pay a fine of not less than two dollars nor more than one hundred dollars. CHAPTER XV. HORSE RAILROADS. SECTION SECTION 1. Gauge. >6. Board of public works to see to com 2. Kind of rail, and how laid. pliance; reports, and book for corn 8. When other kinds displaced. plaints. 4. Companies to sprinkle streets, when T7. To notify companies to repair, when and what. and how. 5. To keep tracks and streets in repair. 8. Penalty for not repairing; report and prosecution. Gauge. SECTION 1. The gauge of all horse or other city rail roads in the city of Chicago, now laid, or hereafter to be laid, is hereby fixed at four feet eight and one-half inches. Rail. SEC. 2. All rails which shall hereafter be laid on any horse railroad track, or other city railroad track, on the streets, alleys, or other public grounds of the city of Chicago, shall be a tram rail, having a profile, taken cross wise of the rail, such as is shown on the sketch following, marked "A profile of rail to be used in the streets of the city of Chilca o." 3 in. 2 in. ICTI. 260 REVISED ORDINANCE. 15.] HO1SE RAILROADS. 261 The width of said rail from outside to outside shall be five (5) inches. The width of the tram shall be three (3) inches, horizontal. The height along the wagon edge, or the height from the tram to the highest part of the rail, shall not be more than seven-eighths (~) of an inch. The upper part of the rail shall be laid below the level of the How laid. surface of the street, and the whole manner of construct ing said railways, so as to carry out the provisions of this chapter, shall be under the direction of the board of public works. SEC. 3. In all streets where a railway is now laid Whisned displaced. with rails of a different form from that hereby pre scribed for use, such rails shall be displaced by rails of the form herein prescribed whenever the common council shall order the streets in which such railways are laid, to be paved, graded, macadamized, planked, or otherwise improved. SEC. 4. The several horse railroad companies having Sprinkling. their railway tracks located in and along the different streets within the city of Chicago, shall, from and after the first day of May, and during and until the first day of Novem ber, in each and every year, keep moistened and well sprinkled with water the several streets within the city of Chicago upon and along which they, or either of them, may use or operate their respective railway tracks. SEc. 5. Said companies shall keep the tracks of their Tracks and streets to be respective roads in such condition, that said tracks shall not kept in repair. at any time be elevated above the surface of the streets on which they are laid; so that vehicles can easily and freely, at all times, cross said tracks at all points, in any direction, without obstruction. They Shall also keep in good repair, such portions of the streets as they severally have agreed, or may agree, with said city, so to do. SEC. 6. The board of public works shall see that the Duty of board of provisions of the last section are complied with, and shall iublic works.. require inspectors of sidewalks and foremen of street labor, to report to said board all cases that come to their know- Reports. ledge of any neglect or failure of any of said companies so to comply. Said board shall also keep a book, accessible to Book for the public, in which any resident in said city may enter com- complaints. 15.] 261 HORSE RAILROADS. REVISED ORDINANCE. plaint of the condition of said tracks or the streets in which the same are laid. To notify SEC. 7. Whenever said companies or either of them shall companies to repair. neglect or fail to comply with the provisions of section five, the board of public works shall cause a notice to be served upon such company or companies, requiring the track or tracks, or part of track or tracks, or the portions of the streets required to be kept in repair by such company or companies, mentioned in such notice, to be put in the condition required by section five, within five days after the service of such notice. Penalty SEC. 8. Either of said companies who shall neglect or for not repairing. fail to put their track or tracks, or part of track or tracks, or any portion of the streets, mentioned in such notice, in the condition required by section five within five days after the service of such notice, shall forfeit and pay not less than one hundred dollars and not more than five hundred dollars for every day such neglect or failure shall continue after the expiration of said five days; and the said board Report and shall report every such case to the city attorney, who shall prosecution. immediately prosecute the offending company to judgment and execution before any court of competent jurisdiction. cars and S omnibuse SEc. 9. All proprietors, conductors, or drivers of horse ob~structin crossing. railroad cars or omnibuses, are prohibited from stopping their cars or omnibuses at any street crossing, so as to interfere with, or interrupt the travel of the several streets which they in their respective routes are required to cross. In stopping their cars or omnibuses for the accommodation of passengers, they shall in all cases pass over the respec tive cross streets and not stop until the rear of the car or omnibus, as the case may be, shall arrive at the last side walk crossing in the direction in which the car or omnibus Penalty. shall be moving. All persons violating the provisions of this section shall be liable to a fine of not less than three dollars, nor more than twenty-five dollars for each and every offense. Obstructing SEC. 10. In all cases where any team or vehicle shall street cars. meet a car upon either of the horse railways upon the streets of said city, such team or vehicle shall give way to said car. Nor shall any person willfully or maliciously obstruct, [Cil. 262 16.] INSPECTION OF FISH. 263 hinder, or interfere with any of said railway cars, by placing, driving, or stopping, or causing to be placed, or driven in a slow pace, or stopped, any team, vehicle, or other obstacle, in, upon, across, along or near to the track of said railways, or either of them, in said city, after being notified by the ringing of the car bell. Whoever shall willfully violate any Penalty. of the provisions of this section, shall forfeit the sum of not less than five dollars nor more than twenty-five dollars for every such offense. CHAPTER XVI. INSPECTION OF FISH. SECTION SgCTION 1. No person to act as inspector but the 3. Penalties for violating, etc. inspector under charter. 4. Compensation for cooperage and salt. 2. Obstructing or interfering with in- 5. Fresh water fish in packages to be spector. inspected; penalty. SECTION 1. It shall not be lawful for any person not nospersonto ,inspect but duly appointed and qualified as fish inspector, or assistant, inspector. under the revised charter of 1863, to act or assume to act as inspector of fish, or hold himself out to the public to be such inspector, in and for the city of Chicago. SEC. 2. No person shall directly or indirectly obstruct Obstructing or interor willfully interfere with the fish inspector of the city of fering with inspector. Chicago, lawfully appointed as aforesaid, or any of his assistants or employees, in the legitimate exercise of any of the rights, or the performance of any of the duties given, imposed, or prescribed in and by section ten, of chapter three, of said charter. SEc. 3. Any person who shall violate either of the pro- Penaltles visions of the first section of this chapter, shall forfeit the sum of twenty-five dollars for each and every offense of unlawfully acting or assuming to act as such inspector, and the like sum for every day he shall unlawfully hold himself out to the public to be such inspector; and any person who shall violate either of the provisions of the second section hereof, shall forfeit the sum of twenty-five dollars for each and every offense. SEC. 4. Whenever the said fish inspector shall, in the 16.] 263 INSPECTION OF FISII. 264 REVISED ORDI [cii. Compensa- course of his employment as such, furnish any cask, barrel, tion for co(perage or other cooperage, or supply salt, it shall and may be lawand salt. ful for him to charge therefor a just compensation. Flsb to be Sc. adalo ob ispected SEC. 5. Any and all persons bringing, or causing to be inspected. brought, to the city of Chicago, or receiving on consignment or otherwise, for the purpose of sale, any fresh water fish in packages, shall have the same duly inspected by the fish inspector of the city of Chicago before such fish shall be sold or in any way disposed of; and it shall be the duty of every person having such fish in possession for the purpose of selling or dealing in the same, and of every consignee having fish on consignment, before the said fish shall be sold or in any way disposed of, to give notice to the inspec tor and have such fish duly inspected and branded; and for this purpose such person shall arrange the packages in a convenient manner, and have them in a suitable place. Any Penalty. person or persons violating any of the provisions of this section, shall be fined in a sum not to exceed twenty-five dollars for every barrel or other package of fish so sold without such inspection. CHAPTER XVII. INSPECTION OF FLOUR. SECTION 1. Appointment of inspector. 2. Deputies; bond; remedy on. 8. Flour to be inspected; inspection de fined; penalty; proviso as to flour in bags; taking sample. 4. Office, and duty to inspect 5. Weights and scales; weighing; branding. 6. Grades; proviso as to flour sold by sample. SECTION 7. Liability for damages; proviso. 8. Fees and sample. 9. Inspector and deputies not to deal in flour. 10. To keep record and report to council. 11. Penalty to inspector and deputies. 12. Bond and oath of inspector. 18. This chapter not to affect inspection of board of trade. Appoint- SECTION 1. There may be appointed by the common ment of inspector. council, by ballot, biennially, on the second Monday of May, or as soon thereafter as may be, an inspector of flour for the city of Chicago, who shall be known as "The City Flour Inspector." Deputies. SEC. 2. Said inspector may appoint and remove at pleasure one or more deputy inspectors, who shall have the right to brand all barrels or bags of flour inspected by any [Cil. 264 REVISED ORDINKNCE. I 17.] INSPECTION OF FLOUR. 26 or either of them in the name of the said inspector, and the said inspector shall have the right to take bond with Bond. sufficient penalty and security necessary to himself, from each of said deputies, and of the same tenor as the bond hereinafter required to be executed by the said inspector, and the said inspector may sue on the bond of any or either Remedy on. of his said deputies, to recover any damages that he may have suffered by reason of the misfeasance or malfeasance of any or either of them, while acting in the capacity of such deputy flour inspector. SEc. 3. It shall be the duty of every person or business Flour eto dbe inspected. firm bringing flour to this market, and every person or business firm receiving flour on consignment, or in any way dealing in flour, at wholesale or retail, before selling said flour, if its inspection be desired by the buyer or seller thereof, to procure the same to be inspected by the said city flour inspector or his deputy, and such person, business firm or dealer shall have the same properly arranged so as to be accessible to such inspection; and the term inspection, Inspection deflined. as employed in this chapter, shall be held to embrace any examination, by an expert or other person, of flour by sample or otherwise, in order to ascertain the quality thereof. Every person, business firm or dealer in flour, violating Penalty. any of the provisions of this section, shall be fined in the sum of five dollars for each and every barrel so sold without such inspection: ProviderI, It shall not be deemed Provisor as to flour necessary to inspect flour in bags, except by mutual agree- in bags. ment of buyer and seller, and any flour taken from bags for the purpose of inspection shall be replaced when inspected, with the exception that the said inspector may take not to exceed eight ounces of flour as a sample of any one Sample. lot of not less than twenty bags. SEc. 4. The inspector shall provide and keep an office Offce. in some convenient place in the city of Chicago, which shall be kept open from 7 A. M. to 6 P. MI. every day, Sundays excepted, and in which the said inspector shall at all times have some person during his absence, to receive orders, and, on due application, either himself or his deputy Duty to shall proceed with as little delay as possible to any point inpect. l.] 265 INSPECTION OF FLOUP,. 266 REVISED oRDINAncE. [on. within said city, where the inspection of flour is required, and inspect the same. Weights SEC. 5. It shall be the duty of the said inspector to and scales. procure sealed weights and scales, and weigh or cause to be weighed, so much of each lot or number of barrels of flour offered for inspection, as shall be sufficient to satisfy the said inspector of the whole lot or number of barrels offered Weighing. and so inspected by him, or by any or either of his deputies, and shall see whether each barrel contains one hundred and ninety-six pounds of flour; and he shall brand or cause to be branded on the head of each and every barrel of flour so inspected and weighed, by plainly and Branding. distinctly marking in some indelible manner upon the head of the barrel, the quantity and grade of the flour contained therein, together with his name, and the month and year the same was inspected. Grades. SEC. 6. The following grades of flour are hereby estab lished, and the inspection of the same shall conform to, and each barrel inspected shall be branded in accordance with, the following standard, to wit: First Grade-All flour which is sound, made from select winter wheat, free from impurities, properly milled, and thoroughly cleaned in-every respect, shall be denominated "double extra." Second-All flour which is sound, made from select spring wheat, and such sound flour as may be made from winter wheat, which may approach but not equal in quality "double extra," the same having been thoroughly cleaned and prepared in every respect, shall be denominated "extra." Third-All sound flour which is not equal in color or quality to "extra," shall be denominated "extra super fine." Fourth-All sound flour not equal in color or quality to "extra superfine," but free from bran, shorts or other refuse, shall be denominated "superfine." All the above grades of flour shall be put up in good, tight, well-coopered bar rels. All flour inferior to "superfine" shall be rejected: Prolviso aSld Provided, That nothing in this section or in section five shall byample apply to flour bought and sold by sample. Bt it shall be by sample. apply to flour bought and sold by sample. But it shall be 266 Icir. REVISED ORDINANCE. INSPECTION OF FLOUR. the duty of such inspector to brand each barrel so bought and sold by sample with the word "inspected," together with his name, and the month and year the same was inspected. SEC. 7. The said inspector shall be liable for all damages Liability of inspector. that may occur to any person, for want of a just and faith fill inspection of such flour as may be by him inspected, or inspected by any or either of his deputies, and any person thus damaged may have right of suit in all courts having jurisdiction of the same: Provided, Said flour shall not be Proviso. exposed to inclement or damp weather or stored in damp places after such inspection shall have been made, without making void any claims for damages against said inspector. SEC. 8. The said inspector shall be entitled to two cents Fees. for inspecting each barrel and bag of flour when no other price shall be agreed upon, and shall be entitled to take from each barrel not to exceed four ounces of flour as a sample of the same. SEC. 9. Neither the said inspector, nor any or either of Inspectors not to deal. his deputies, shall be allowed to buy or sell or deal directly or indirectly in flour, or act as the agent or agents of any person or persons for the purchase or sale of flour, while he or they or any of them holds the office of flour inspector or deputy flour inspector. SEC. 10. The said inspector shall keep a record of all Record(. ad report. flour inspected by him and his deputies, and shall report in writing to the common council, on the first Monday in May in each year, the number of barrels and bags of flour of each grade so inspected, and such other information with regard to the inspection of flour as the common council may by order or resolution require. SEc. 11. Any inspector or deputy inspector willfully P-n-Ityth, inspectors. violating, refusing, or failing to comply with any of the provisions of this chapter, so far as they are made incumbent upon any or either of them, shall, for every such offense, be subject to a fine of not less than five dollars nor more than one hundred dollars, and shall also be subject to immediate removal from office. SEC. 12. Any inspector appointed under this chapter, Bond. shall, before entering upon the duties of said office, give 17.] 267 268-.EIF RIAC.[H Oath. Not to affect inspection by board of trade. bond, with two or more good and sufficient sureties, to be approved by the common council, in the penal sum of five thousand dollars, payable to the city of Chicago, and conditioned that he will faithfully perform the duties of said office, and satisfy all damages that may legally accrue against him as city flour inspector under this chapter; and he shall also take an oath of office. SEC. 13. Nothing in this chapter contained shall affect, interfere with, or relate to any flour inspected under the authority of the Chicago board of trade. CHAPTER XVIII. INSPECTION OF GAS METERS. SECTION 1. Appointment of inspector; oath. 2. To examine and test meters. 3. To provide standards and provers, at expense of city. 4. Notice to company and consumer, of testing. SECTION 5. Inspection conclusive. 6. Arrearages to be paid before in spection. 7. Fees, and how paid. 8. Certificate. Appoint- SECTION 1. There shall be appointed by the common ment of inspector. council, by ballot, biennially, on the second Monday of May, or as soon thereafter as may be, some suitable person or persons, to be styled "The Inspector or Inspectors of Gas Meters." Before entering upon the duties of his or their office or offices, the said inspector or inspectors shall Oath. be sworn to the faithful performance of his or their duties, as the same may, by ordinance, be assigned or'prescribed. Test meters. SEC. 2. It shall be the duty of such inspector or inspec tors to examine and test any gas meters furnished to the consumer by any gas company furnishing gas in this city, whenever requested so to do by such consumer. Standards SEC. 3. The said inspector or inspectors shall procure and and provers. keep at some convenient place or places within the city, one or more good and sufficient standard meters and provers, the expense of procuring and keeping the same to be paid by the said city of Chicago. Notice of SEC. 4. The said inspector or inspectors shall always t es ting. give notice to the consumer and the gas company who fur 268 [CH. RF,VISED ORDINANCE. 18-19.] INSPECTION OF GAS METERS AND LIQUORS. nish the meter, at their office, of the time and place when and where he or they intends or intend to test such meter. SEC. 5. The inspection herein provided for shall be con- Inspection conclusive. elusive, both upon the company and the consumer, as to the amount of gas consumed three months before the close of the month in which any meter shall be inspected, and until a new inspection shall be had-a new inspection relating back, as herein provided. SEC. 6. Before any meter complained of by a consumer Payment of shall be examined, thie consumer shall pay to the gas company all arrearages for gas consumed, which are then due and payable, and such gas company shall refund or receive, as the case may be, according to the result of the examination. SEc. 7. The said inspector or inspectors shall be entitled Fees. to receive in advance, from any consumer requiring his or their services, the sum of one dollar and his or their reason- How paid. able expenses, not exceeding two dollars for each meter by him or them inspected; such sum, however, to be refunded by the gas company, upon presentation to their treasurer, of the inspector's certificate, that the meter has been found by him or them to measure more gas than was actually consumed. SEc. 8. The inspector or inspectors shall, when so Certificate. requested by either party, furnish to the consumer or to the gas company, free of charge, a certificate of the result of the examination made by him or them, of any meter. CHAPTER XIX. INSPECTION OF LIQUORS. SICTION SEcTION 1. When liquors to be inspected. 7. Neglect or extortion by inspector; 2. Appointment of inspector. penalty. 8. Provide instruments; gauge and 8. Fees. mark quantity and proof. 9 Oath. 4. Altering, defacing or changing marks; 10. Assuming office; penalty. penalty. 11. Council may appoint one other in 5. Deputy, when inspector may appoint. spector under this chapter; inspec 6. Oath of deputy; inspector accounta- tion not compulsory. ble for him. SECTION 1. Where the parties cannot agree, all foreign Inspection wand domestic liquors that shall be sold by then. barrel hogsand domestic liquors th-at shall be sold by the barrel, hogs 269 . 4. - 27 REIE RINNE CI head or cask in the city of Chicago, shall be inspected, and gauged and branded, as hereinafter provided. Appoint- SEC. 2. There shall be appointed by the common counment of inspector. cil, by ballot, biennially, on the second Monday of May, or as soon thereafter as may be, a competent person, who shall be called "Inspector and Gauger of Liquors." To provide SEC. 3. It shall be the duty of the inspector and gauger instruments. SO appointed, to provide himself with the most approved instruments for ascertaining the capacity of a barrel, hogs head, cask or other vessel, and the quality or proof of spir ituous liquors, and when called upon for that purpose shall immediately attend with the same in any part of the city, Gauge. and there gauge and ascertain the contents of any barrel, hogshead, cask or other vessel, and examine the quality and Mark' proof thereof, and mark on such barrel, hogshead, cask or quantity and proof. other vessel, the true quantity contained therein in wine gallons, and the proof of such spirits, together with the name of such inspector, in legible and durable figures and characters, upon the same. Alter,deface SEC. 4. If any person shall alter, deface or change any or change marks. of the marks or characters made by the inspector aforesaid, on any barrel, hogshead or other vessel by said inspector so inspected, each and every person so offending shall, for Penalty. each and every offense; on conviction thereof, forfeit and pay to the city of Chicago, a sum not exceeding twenty-five dollars, together with cost of prosecution. Depruty. SEC. 5. If the said inspector of liquors aforesaid shall be unable, in consequence of sickness, absence from the city, or otherwise, to attend to the duties of his office, he may appoint, with the approbation of the mayor, one other person to attend to the duties of his office during such inability. Oath of SEc. 6. The person appointed in place of such inspecdeputy. tor, by virtue of the last preceding section, shall take an oath faithfully to perform his trust, and the inspector in whose stead such person is deputed, shall be accountable for the official conduct of such person. Neglect or SEC. 7. If the inspector aforesaid shall neglect to attend extortion by inspector. in person to the duties of his office (except in case of sick ness or other disability), or shall ask, demand or receive 210 [CH. REVISED ORDINANCE. INTELLIGENCE OFFICES. any greater compensation for his services than is allowed by section eight, next herein following, he shall forfeit and pay to the city of Chicago, for every offense, the sum of Penalty. twenty-five dollars. SEC. 8. The said inspector shall, for his services, be en- Fees. titled to demand and receive from the person or persons employing him as aforesaid, compensation as follows: for gauging and inspecting every barrel, hogshead, cask, or other vessel. the sum of eight cents. SEC. 9. The person so appointed inspector of liquors Oath. shall, before entering upon the duties of his office, take and subscribe an oath or affirmation, faithfully and impartially to execute the office of inspector and gauger of liquors. SEC. 10. If any person shall exercise the office of inspec- Assuming tor of liquors or gauger in the city of Chicago, without the authority of the common council as aforesaid, every person so offending shall, for each and every day or part of a day he shall so exercise, or attempt to exercise, such office aforesaid, forfeit and pay to the city of Chicago, on conviction, Penalty. a sum not less than ten dollars nor more than thirty dollars. SEc. 11. The common council of the city of Chicago Other inspector. shall have power, at any time hereafter, to appoint one other inspector of liquors, if it shall by said council be deemed necessary, who shall be subject in all respects to the provisions of this chapter: Provided, Inspection or gaug- Proviso. ing under this chapter, shall in no case be compulsory Inspection not compri:; upon the buyers or sellers of any liquors herein mentioned, sory. unless the same has been agreed to by mutual consent of the parties. CHAPTER XX. INTELLIGENCE OFFICES. SECTION 1. Keepers to be licensed; penalty. 2. License; charge; expiration; revo cation. SECTION 3. Frauds; penalty. SECTION 1. No person shall establish or keep any intelli- Keepers to be 1icenaeo. gence office within the city of Chicago, for the purpose of obtaining places or employment for male or female family do 20.] 271 t 0 0 - 272 REVISED ORDI~~~~~~~~AXQ~~~. RH — mestics, servants or other laborers, or for procuring or giving information concerning such places for or to such domestics, servants or laborers, or for procuring or giving information concerning such domestics, servants or laborers for or to employers, without a license as hereinafter provided, under Penalty. a penalty of not less than ten dollars nor more than one hundred dollars for every day such office shall be so kept, to be recovered before any magistrate or court having juris diction. License. SEC. 2. The mayor of said city is hereby authorized to license any person or persons, being a resident or residents of said city, over twenty-one years of age, to keep an inBondL telligence office as aforesaid, upon such persons giving bonds to the city, to be approved by the mayor, in the penal sum of five hundred dollars, conditioned for the faithful observ ance of all ordinances of the city, and upon payment of Charge. the sum of fifty-two dollars for the use of the city, and no Proviso. other fees: Provided, All licenses so issued shall expire on Expire. the first day of July of each year, and may be revoked, in Revoca the discretion of the mayor. Frauds. SEC. 3. Any person keeping an intelligence office as aforesaid, with or without license, who shall violate any of the provisions of this chapter, or directly or indirectly, or through any agent or other person or persons, make use of any improper device, deceit, false representation, false pre tense or any imposition whatsoever, for any improper pur pose, or for the purpose of obtaining a fee, money, gratuity or other thing of value from any customer, person or per sons, or patron or patrons, shall, on conviction, be fined in Penalty. a sum not less than five dollars nor more than one hundred dollars. CHAPTER XXI. JUNK DEALERS, AND DEALERS IN SECOND-HAND GOODS. SECTION SECTION 1. Dealers defined 6. Book to be submitted topolice, etc.; 2. To be licensed; penalty. penalty. 3. License; character; charge; bonds. T. Pawnbrokers not affected by this 4. Expiration of license chapter. 5. To keep book of purchases; if using boat, same to be painted, how; penalty. [c-ir. 272 REVISED ORDINANCE. '21] JUNK DEALEPRS, ETC. 273 SECTION 1. Any person who keeps a store, boat, office or Dealeedrs defined. place of business for the purchase or sale of old metal, rags, old rope, old canvas, iron and the like, is hereby defined to be a junk dealer; and any person who keeps a store, office, or place of business, for the purchase or sale of second-hand clothing, or garments of any kind, or second-hand goods, wares or merchandise, is hereby defined to be a dealer in second-hand goods. SEC. 2. No person or persons shall carry on or conduct To be licensed. the business or calling, either of a junk dealer or dealer in second-hand goods, within the city of Chicago, without hav ing first obtained a license so to do, in accordance with the provisions of this chapter, under a penalty of twenty-five Penalty. dollars for each and every offense. SEC. 3. The mayor is hereby authorized to grant a License. license to junk dealers or dealers in second-hand goods, on the following conditions: First. The person so applying for such license shall, to Charaoter. the satisfaction of the mayor, be a person of good character, and shall pay to the collector the sum of twenty-seven Charge. dollars, and no other fees. Second. The person so applying shall execute a bond to Bond, the city of Chicago, in the sum of three hundred dollars, conditioned that the said applicant will in every particular conform to the requirements of this chapter, and with the requirements or provisions of any ordinance hereafter to be passed concerning junk dealers or dealers in second-hand goods, as the case may be, and thereupon the clerk shall issue a license under the corporate seal, signed by the mayor and countersigned by the clerk. SEC. 4. All licenses issued under this chapter shall Expire. expire on the first day of August next after the issuing of the same. SEC. 5. Every person licensed as aforesaid shall keep Book. at his or her place of business a substantial and well-bound book, in which he or she shall enter a minute description of all personal property purchased by him or her, the date of purchase, the name and residence or place of business of the person or persons from whom such purchase was made, and particularly mentioning any prominent or descriptive marks 18 2* REIE oRIAc.[H that may be on such property, which said book shall be kept clean and legible, and all the entries therein shall be made with ink, and no entry therein shall be erased, oblite rated or defaced; and every person so licensed, carrying Boat to be on his business upon a boat, shall have his name, and the tow.ed' number of his license, plainly painted in letters and figures at least one and a half inches in size, in a conspicuous place, on the outside of each side of such boat; and every Penalty. ealty person so licensed failing to comply with any of the pro visions of this section, shall, upon conviction, be fined in a sum not less than twenty-five dollars nor more than one hundred dollars for each and every offense. Police to Pnopect SEC. 6. Every person so licensed as aforesaid, shall, book * during the ordinary hours of business, when requested by the mayor, general superintendent'of police, or any police officer of the city, submit and exhibit said book, in the fifth sec tion provided for, to the inspection of any of the above named officers, and shall also exhibit any such goods or personal property to any of the aforesaid officers; and every such licensed person refusing to submit said book, goods or property as aforesaid, upon the request of any of the aforesaid officers, shall, upon conviction, be fined in a sum Penalty. Penalty not less than twenty-five dollars for each and every offense, and shall be subject, in the discretion of the mayor, to have his or her license revoked. Pawnbaokers not SEC. 7. Nothing contained in this chapter shall affect affected. the sale of second-hand goods by any person or persons now or hereafter licensed as pawnbrokers, and who shall in the course of their business as pawnbrokers sell any goods, wares or merchandise which have been pledged to them and remain unredeemed. CHAPTER XXIL LAMPS. SEoTION SECTION 1. Post-office boxes on lamp posts; pen- 2. Injuring or meddling with public alty for injuring. lamps or posts; penalty. Post-office boxes on. SECTION 1. The postoffice department hereby have permission, under the direction of the board of public 274 [CH. REVISED ORDINANCE. 22~~~~~ ~ ~~~~~~~~~v^-2. Lea apt LIt SES 2T. works, to attach and fasten postoffice boxes to the public lamp posts in said city; and any person or persons who shall deface or in any way injure such postoffice boxes, shall, for such offense, be liable to a fine of not less than twenty- Penalty for I ~~~~~~~~~~~~~~~~injuring. five dollars nor more than one hundred dollars for each and every offense. SEC. 2. Any person who shall carelessly or maliciously Injuring or y ~~~~meddlling break, deface or in any way injure or destroy any public with. lamp or lamp post of this city, or climb upon or hitch any horse or other animal to any public lamp post, or hang or place any goods or merchandise thereon, or place any goods, boxes, wood, or any other heavy material upon or against the same, or who shall extinguish or cause to be extinguished, or light or cause to be lighted, any of said lamps, unless duly authorized so to do by the board of public works, shall forfeit the penalty of ten dollars for Penalty. each offense. CHAPTER XXIII. LICENSES. SECTION - 1. Licenses subject to existing and sub sequent ordinances, and for viola tion thereof may be revoked. 2. Not assignable or transferable, and no one but licensee to act under. 8. Term, and how issued; mayor to hear and grant applications in his discre tion. VicoON 4. Collector to receive moneys for, and penalties on ball-alleys, billiard tables, etc.; when party is licensed. 5. Persons in default on payments, clerk and collector to report to mayor, etc. SECTION 1. All licenses Which may be issued under any Subject to existing and ordinance of the common council, shall be subject to the subsequent ordinances. ordinances and regulations which may be in force at the time of issuing thereof, or which may subsequently be made by the common council. And if any person so licensed shall violate any of the provisions thereof, he shall be liable to be proceeded against for any fine or penalty Penalty. imposed thereby, and his license shall be subject to be revoked in the discretion of the mayor or of the court or Revocation. magistrate before whom he shall be convicted of such violation. SEC. 2. No license granted under any ordinance shall Atsignm,en"t be assignable or transferable, without permission of the 22-23.] '275 . LA31PS - LIOENSES. 276 REVISED ORDINANOE. [OH. mayor or common council, nor shall any such license authorize any person to do business or act under it but the person named therein, unless such ordinance shall other wise provide. Term. SEC. 3. No license shall be granted at any one time for How Issued. a longer period than one year, and all licenses shall be signed by the mayor and countersigned by the clerk, Application under the corporate seal. And in all cases where it is not to mayor. otherwise expressly provided, the mayor shall have power to hear and grant applications therefor, upon the terms spec ified by the ordinances of the city, and all licenses shall be issued to such person or persons as shall comply in all respects with the different provisions of the ordinances of Discretion. the city, and as the mayor, in his discretion, shall deem suit able and proper persons to exercise the occupation for which he, she or they apply to be licensed, and to no others. Collector SEC. 4. The collector shall receipt for all moneys for to receive moneyfor, any licenses that may be applied for or granted under and penal- t tilley osn ball the authority of said city upon any account whatever. IHe alleys, etc. shall also receipt for all auction dues, and all penalties incurred by the keeping of ball alleys and billiard tables within said city, also receipt for all moneys paid in from the licenses of theatres, snows, museums, and other entertain ments of like character. His receipt for the same shall be a discharge to the person to whom given, to the extent and purport thereof, but no person shall be deemed to be licensed in any case until the issuing of the license in due form as required by the ordinances of the city. (Clerk and SEC. 5. Whenever it shall appear from the license regcollector. ister kept by the clerk, or the books of the collector, that any person holding any license or permit of any kind, or privilege granted by the city, has failed to pay the amount due thereon, whether for a penalty for billiard tables (reckoning five dollars for every table per month), or other kind of penalty, license, fine, debt or liability what ever, the clerk or collector (as the case may be) shall Duties. report the fact to the mayor, whose duty it shall be to promptly revoke said license, permit or privilege. [OH. 216 REVISED ORDINANCE. 24.] MARKETS. 27 CHIIAPTER XXIV. MARKETS. SECTION 1. License to sell fresh meat; excep tion; penalty; proviso. 2. Selling unwholesome provisions; penalty. 8. Heads, shanks, skin, fat, etc.; restric tions and penalty. 4. Meats to be weighed; frauds; pen alty. 5. Rent of stalls and obligations of lessees; forfeiture. 6. Mayor to issue butchers' licenses. T. Expiration of, and charge for. 8. Cleanliness, want of; penalty. SE]cTION 9. Filth in streets, alleys, etc.; penalty. 10. Stalls to be cleaned; expense; pen alty. 11. Market regulations; penalty. 12. Space occupied; penalty. 13. Cleanliness, want of; penalty. 14. Lease, when forfeited. 15. Market, stalls, etc., closed Sunday; penalty. 16. Butcher defined. 17. Comptroller to have charge of mar ket; lease, and collect rents. SECTION 1. No person shall, by himself, agent or ser- License to sell fresh vant, sell, or cut in pieces for the purpose of selling, any meat. fresh meat, excepting fresh venison, poultry, fish or wild Exception. game, in any quantity in the said city, at any other place than the market-house, without having first obtained a license as hereinafter provided, under a penalty of ten dol- Penalty. lars for each offense: Provided, That nothing herein shall Proviso. prohibit any person from selling beef or other fresh meat by the quarter, or any greater quantity, at any time or place in the said city, the same being the produce of their own farm or raising. SEC. 2. If any person shall expose for sale in any mar- Selling un Iwholesome ket-house or elsewhere in said city, any emaciated, tainted provisions. or putrid meat or provisions, which from these or other causes may be deemed unwholesome, such person shall forfeit the penalty of five dollars for each offense, and the Penalty. unwholesome meat or other provisions, so exposed for sale, shall, without delay, upon view of the mayor or comptroller, be seized and destroyed. SEC. 3. No person shall, between the first day of May Heads, shanks, fat, and the first day of November, in any year, bring into, or etc. place, or suffer or permit to be brought into or placed, in any market or licensed stall, any untried fat, commonly called gut fat, nor at any time or season the heads, shanks or feet of any animal, unless the same be skinned or properly cleansed, nor any hides or skins of any kind, except the hides of calves, (these shall be removed from the market 24.] 277 MARK'F,TS. 278 REVISED ORDINANOE. [OH. Penalty. as soon as taken from the veal,) under the penalty of five dollars for each offense. Weighing. SEC. 4. All meats sold at the markets or licensed stalls, excepting shanks, offal, heads and plucks, poultry or wild game, shall be previously weighed in a scale, by weights or Fraud a beam, properly sealed; and in case any fraud shall be committed in the weight of any meat, and in case any meat, excepting as aforesaid, shall be sold without being weighed Penalty- as herein directed, the person selling the same shall forfeit the sum of five dollars for each offense. ReyntsB how SEc. 5. All rents for stalls or rooms in the public marpayable. ket-house shall be paid monthly in advance, and the lessees shall observe the ordinances regulating the city market, or their leases shall be forfeited. Butchera' SEC. 6. The mayor of the city of Chicago shall, from license. time to time, issue licenses under his hand and the seal of said city, to exercise and carry on the business of butchers, in such places other than the market, as may be designated in such licenses, but not elsewhere. Expire. SEC. 7. All licenses, so issued, shall expire and cease on the first Monday of April after the granting thereof, unless sooner revoked, and shall be renewable by the mayor on Charge. application For license issued as aforesaid, the sum of one dollar shall be paid on the granting of the same, and a like sum for every renewal of such license. Cleanliness. SEC. 8. Every butcher or other person shall keep his cellar and stall in the market, or elsewhere in the city, neat, and free from filth of all kinds; and the comptroller, or any person by him authorized, shall at all times have free access Penaty. Pealty thereto, under the penalty of five dollars, to be paid by the butcher or other person who shall refuse or prevent such access. Filth in SEC. 9. NO butcher or other person shall sweep or deways and streets, etc. posit any dirt or filth of any description in or upon the pub lic passage way or ways in said market or cellars, or in or upon the market-grounds or streets adjacent to said market. Penalty. Any person violating the provisions hereof, shall, upon con viction, be subject to a fine of not less than ten dollars nor more than fifty dollars. Stalls to be SEC. 10. In case the lessee, occupant, or person in charge cleaned. 278 REVISED OP.DllqANCE. 1011. 24.] MARKETS. 2'79 of any stall, shall not clean the same, it shall be the duty of the comptroller, if, after giving due notice to such occupant, such stall shall not be cleansed as directed, to cause the same to be done at the expense of the lessee or occupant of such stall; and each one refusing or neglecting to pay, when Expense. required, any sum which the comptroller, in his discretion, is authorized to charge, not exceeding one dollar and fifty Penalty. cents, shall forfeit a penalty of ten dollars for each offense. SEC. 11. The comptroller shall have power, from time Market to time, to establish regulations for the opening and closing of the market and stalls; and also in regard to the keeping of fowls or other birds or animals, in coops or otherwise, in the market And if any person, who shall use or occupy any stall or place in said market, shall keep or attempt to keep therein any fowls, birds or animals in coops or otherwise, or shall open his stall or place, or attempt to keep the same open, or sell, or attempt to sell therein, contrary in either case to any regulation of the comptroller as aforesaid, after due notice thereof, to be given by posting such regulations in the market in at least four public places, he shall be subject to a fine of not less than five dollars nor Penalty. exceeding twenty dollars in every case. SEc. 12. No person renting or leasing a stall in the Space market-house, shall use or occupy, for any purpose whatever, more than three feet in front of his said stall, under the penalty of five dollars. SEc. 13. Any person who shall kill or dress any animal Unslecanli ness. in or near any market, or who shall throw or permit any brine, bones, filth, slops, offal, water or other liquid or other substances, to be thrown out of the doors or windows, or around or near any market-house or any licensed stall, except in places which may be provided for the purpose, shall be sub- Penalty. ject to a fine of not less than five dollars nor exceeding twenty dollars. SEC. 14. If any lessee of any stand or stall shall be twice fLea,, when forfeit. convicted of violating any provision or ordinance of this city in relation to markets, his lease shall, on said second conviction, be adjudged to be forfeited. SEC. 15. All public markets, and all stalls or places in sunday. this city, licensed under any ordinance of this city, shall 279 24.]~ MARKET S. REVISED ORDINANOE. be closed before twelve o'clock on Saturday night of each week, and so be kept and continued closed until Monday morning following. Any person who shall open any such market, or stall, or place in said city upon Sunday, and within the hours above named, or shall sell, offer or attempt to sell in said city, any meat, fish, vegetables or other article or thing kept in such market, place or stall, upon Sunday, (except by written permission of the mayor,) within said Penalty. hours, shall, on conviction, pay a fine of not less than ten dollars nor more than fifty dollars. Butcher defiched. SEC. 16. The word "butcher," in the sense used in this chapter, is hereby defined to mean a vendor of meats. Comptroller SEC. 17. The comptroller, with the concurrence of the to have harge of mayor, shall lease at auction or otherwise, from time to time, market. the stalls and stands in the public market. He shall have in charge the halls and other rooms in the market-house, leasing them at proper times for such sums as shall, by the mayor and himself, be deemed just and equitable. He shall also collect all rents for stalls, stands, halls or rooms, and deposit the amount collected immediately in the city treas ury, taking a receipt therefor. CHAPTER XXV. MISDEMEANORS. SECTION 1. Vagrancy; penalty. 2. Bathing out of certain limits; pen alty. 3. Indecent exhibition of stud horse or bull; penalty. 4. Tippling house open on Sunday; dis orderly house; penalty. 5. Keepers, inmates, supporters, land lords of brothels; penalty. 6. Indecency; lewdness; penalty. 7. Cruelty to animals; penalty. 8. Intoxication; begging; penalty. 9. Billiard table, ball alley, shooting gallery; penalty. 10. Certificate of commutation of penal ties; posting; revocation. 11. Gaming devices; penalty. 12. Disorderly or gaming house; penalty. 18. Police may seize gaming devices; penalty for resisting; may enter by force. 14. Gamblers; penalty; revocation of licenses. 15. Discharging fire-arms, etc.; penalty. 16. Fast driving; penalty; duty of police and power of citizens to stop of fender. SECTION 17. Selling poison without marking; pen alty. 18. Scaffolds; penalty. 19. Flying kites in frequented streets; penalty. 20. Throwing stones; penalty. 21. Same; penalty. 22. Cutting ice in river; proviso; pen alty. 28. Teams left unfastened; penalty. 24. Drays, etc., left unchained; penalty. 25. Dangerous sports; penalty. 26. Vehicles to keep to the right; pen alty. 27. Open cellar doors and gratings, broken sidewalks; penalty. 28. Selling impure milk; penalty. 29. Disorderly conduct; penalty. 80. Disturbing worship; penalty. 81. False alarms, collecting crowds in streets; penalty. 82. Killing birds; penalty; reform school. 83. Misdemeanors, imprisonment as well as fine. [OR. 280 25. MIDMAOS lo81 SECTION 1. All persons who, not having visible means Vagrancy. to maintain themselves, are without employment, idly loitering or rambling about, or staying in groceries, drink ing saloons, houses of ill-fame or houses of bad repute, gambling houses, railroad depots or fire-engine houses, or who shall be found trespassing in the night time upon the private premises of others, or begging, or placing themselves in the street or other thoroughfares or public places to beg or receive alms; also, keepers, exhibitors or visitors at any gaming table, gambling house, house for fortune-telling, places for cock-fighting, or other places of device, and all persons who go about for the purpose of gaming or watch stuffing, or who shall have in their possession any article or thing used for obtaining money under false pretenses, or who shall disturb any place where public or private schools are held, either on week day or Sabbath, or place where re ligious worship is held, shall be deemed vagrants, and upon conviction shall be fined in a sum not less than two dollars Penalty. nor exceeding one hundred dollars, or imprisoned in the city bridewell for a term not exceeding three months, or both. SEC. 2. No person shall swim or bathe in the river or Bathing. its branches, or in the lake within one mile of the shore thereof, except as follows, to wit: at any place in the south division of the city of Chicago, between the south pier and the north line of Randolph street, and at any place south of the south line of Twenty-fifth street produced. Also, at any place in the north division, from a point two hundred feet north of the north pier and south of Indiana street, and at any place north of the south line of the Catholic cemetery. Any violation hereof shall Penalty. subject the offender to a fine of not less than two dollars and not exceeding twenty dollars. SEC. 3. No person or persons shall indecently exhibit Indecent exhibition of any stud horse, or bull, or let any such horse to any mare stud-horse or mares, or any bull to any cow or cows, within the limits of this city, unless in some inclosed place out of public view, under a penalty of not less than five dollars nor Penalty. more than one hundred dollars for each and every such offense. 25.] *k. 281 MISDEMEANORS. 282 REVISED ORDINAOE. [OH. Disorderly SEC. 4. If any person shall keep open any tippling house. house on the Sabbath day or night, or shall keep open any bar or place where intoxicating drinks are or may be kept, or shall sell or retail any intoxicating drinks on the Sabbath day or night, or shall keep a common ill-governed or dis orderly house, or suffer any person to play at cards or other game of chance on his premises, with or without betting, Penalty. every such person, on conviction, shall be fined in a. sum not less than ten dollars nor exceeding one hundred dollars. BrotheL SEC. 5. Any person who shall be guilty of keeping or maintaining, or be an inmate of or in any way connected with, or in any way contribute to the support of any disor derly house, or house of ill-fame, or place for the practice of fornication, or knowingly own or be interested as proprietor or landlord of any such house, shall, on conviction, be Penalty. fined in a sum not exceeding one hundred dollars, and in the further sum of one hundred dollars for every twenty four hours the said house shall be continued after the first conviction, or after any such person shall be ordered by any member of the common council or police to suppress, restrain or discontinue the same. Indeewnd- SEC. 6. If any person shall appear in a public place in ness. a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any lewd or indecent act or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or other thing, or shall exhibit or perform any indecent, immoral or lewd play or other representation, he shall be subject to a Penalty fine of not less than twenty dollars nor exceeding one hundred dollars. ,nimal.t SEC. 7. If any person shall inhumanly, unnecessarily or cruelly beat, injure or otherwise abuse any dumb animal, or overload any team, or expose any calves or sheep upon the streets or sidewalks, with their legs tied, he shall be Penalty. subject to a fine of not less than five dollars nor exceeding twenty dollars in any case. Itoxica- SEC. 8. If any person shall be drunk or shall be in a state of intoxication in any highway, street, thoroughfare sttfi-n-toiainian higha,sre,toogfr [on. 28'2 REVISED ORDINAWOF,. 25.] MISDEMEANORS. 283 or public place within the city; or in any private house or place, to the annoyance of any citizen or person; or shall solicit alms from any person without written permission Begging. from the mayor or some officer of the city, he shall be deemed guilty of a misdemeanor, and, on conviction, pay a Penalty. fine not exceeding one hundred dollars. SEc. 9. No person shall have or keep for his or their Bailiuard tableb gain within said city, any billiard table, pin alley, nine or ten ball alley, etc. pin alley, ball alley or shooting gallery, under a penalty of five dollars for each and every month each and every billiard table and each and every alley in any pin or ball alley and shooting gallery shall be so kept and used by him or them. And the owner or owners of any building in which any such billiard table, ball alley or shooting gallery shall be so had and kept, shall be liable to the like penalties as Penalty. above prescribed. SEC. 10. Whenever — any person shall pay to the col- Certificate of commuta lector the sum of twenty-five dollars, upon or before the tion of penalties. first day of July of any year, for each billiard table, nine or ten or other pin alley, or shooting gallery that he shall own, keep, or in any way have in his possession, the comptroller shall give such persons a commutation certificate, stating the number of such tables, alleys or galleries, upon which such payment shall be made, which shall be in full discharge of any and all penalties or fines or other dues under any ordinance of said city, for owning, or keeping, or in any way having in possession the number of tables, alleys, or galleries, specified, until the first day of the next succeeding July: Provided, That any person who shall not procure a Proviso. certificate of commutation for each and every such table, alley, and gallery, or who shall not voluntarily call at the collector's office and pay the full twenty-five dollars for each additional one that he may own, keep, or in any way have in his possession, by subsequent purchase or otherwise, during any fraction of a year, or in any other way attempt to deceive the city authorities, his certificate of commutation shall be revoked by the mayor, and he be liable to the same fines and penalties as if this section had not passed. All persons must elect, before the first day of July in each year, whether they will avail themselves of the provisions of 25.1 283 3ilSDEREANORS. 284 REVISED ORDINANCE. ECH. this section. Said certificate of commutation shall be conPosting. spicuously posted in the room of such tables, alleys, or Revocation. galleries; and whenever any person shall play thereon for money, liquor, or any other article or thing, the mayor shall promptly revoke said certificate of commutation. Gaming SEC. 11. No person shall have, keep or permit to be used in any building or place within this city, used, occupied or controlled by such person, any E. O. table, keeno table, faro bank, shuffle board, bagatelle, playing-cards or any other instrument, device or thing used for gambling, whereon or with which money, liquor or other articles shall Penalty. in any manner be played for, under a fine not exceeding fifty dollars. Disorderly SEc. 12. If any person or persons shall keep a disorderly or gaming house. or gaming house, such person or persons shall, for each and Penalty. Penaltyevery offense, forfeit and pay a penalty of twenty-five dollars, and also the further penalty of twenty-five dollars for every forty-eight hours during which such person or persons shall continue to keep the same after the first conviction for any violation of this section. Police gatoing SEC. 13. Any member of the police of this city may "eiz~egaming device. de seize any instrument, device or thing used for the purpose of gaming, or by, on, or with which money or other articles of value may be lost or won, and all such instruments, devices or things may be demolished or destroyed. Any person obstructing or resisting any member of the police in the performance of any act authorized by this section, Penalty for shall be fined in a sum not exceeding one hundred dollars. resisting. If the owner or keeper of, or any person within any gambling house or room, any dis —?'erly house or any house of ill-fame within this city, fh; fuse to permit any member of the police to enter the same, it shall be lawful for such member or members of the police to enter or cause fl[eyuse the same to be entered by force, by breaking the doors or otherwise, and to arrest, with or without warrant, all suspicious persons found therein. Gamblers. SEC. 14. Any person who is a frequenter, visitor, inmate, door-keeper, solicitor, runner, agent, abettor or pimp, of or for any house, store, grocery, hall, room, or any other place where are kept any E. O. tables, keeno table, faro bank, 284 [CH. ]REVISED ORDINANCE. 25.] MISDEMEANORS. 285 shuffle board, bagatelle, playing cards, pigeon holes, or any other instrument, device or thing, used for gambling, whereon or with which money, liquor or other articles, shall be played for, shall, upon conviction, be fined in a sum not Penalty. less than five dollars and not exceeding one hundred dollars, or imprisoned in the bridewell for a term not more than ninety days, or both, in the discretion of the court before whom such conviction shall be had. It shall be the duty of the mayor forthwith to revoke any license given to any Revocation person or persons who shall violate any provision of the fourth, ninth, eleventh, twelfth, and fourteenth sections of this chapter. SEC. 15. No person shall fire or discharge any cannon, Fire-arms, gun, fowling piece, pistol or fire arms of any description, or fire, explode or set off any squib, cracker or other thing containing powder or other combustible or explosive material, without permission from the common council or written permission from the mayor, which permission shall limit the time of such firing, and shall be subject to be revoked by the mayor or common council at any time after it has been granted. Any violation hereof shall subject the party to a Penalty. fine of not less than two dollars nor exceeding ten dollars. SEC. 16. No person shall immoderately ride or drive Fast driving. any horse in any avenue, street, alley or lane within the limits of this city, under a penalty of not less than two Penalty. dollars nor more than ten dollars. And it is hereby made the duty of every officer, and it shall be lawfiul for any citizen, to stop any person who may be immoderately riding Power to stop. or driving as aforesaid. SEc. 17. No pe,rn shall vend, give or deliver, within Poison. this city, any dead i,aon, knowing the same to be such, without marking the same, in legible characters, "poison,"' Penalty. under a penalty of five dollars for each offense. SEc. 18. All scaffolds erected in this city for use in the Scaffolds. erection of stone, brick or other buildings, shall be well and safely supported, and of sufficient width and properly secured so as to insure the safety of persons working thereon, or passing under or by the same, against the falling thereof, or of such materials as may be used, placed or deposited thereon. Any scaffold which may be otherwise erected 2s5 25.] MISDEHEANORS. 286 REVISED ()RDINANOE. [OH. shall be deemed a nuisance; and any person who shall erect or use, or cause to be erected or used, any scaffold Penalty. contrary to the provisions hereof, shall be subject to a fine of not less than five dollars and not exceeding one hundred dollars, and to like fine for every day the same shall remain after notice to remove. Fyins.g SEC. 19. No person shall raise or fly a kite in any part of any street, avenue or lane of this city devoted to business, Penalty. or in which there shall be much traveling, under a penalty of one dollar for every offense. Th~rowlgI SEC. 20. No person shall throw or cast any stone or any other missile upon or at any building, tree or other public or private property, or upon or at any person in any street, avenue, alley, lane, public place, or inclosed or uninclosed ground in this city, or aid or abet in the same, under a fine Penalty. for each offense of not less than five dollars nor more than twenty-five dollars. Same. SEC. 21. No person shall throw or cast any stones or other missiles in, from or into any street, avenue, alley or lane, public place or uninclosed grounds in this city, under Penalty. a penalty of five dollars for each and every offense. Cutting ice. SEC. 22. NO person shall cut any ice or any holes therein in the Chicago river, and its branches, within this city, without a written permission from the mayor, and without first inclosing that portion of the ice intended to be cut Proviso. with a good and sufficient fence: Provided, That in no case shall permission be given to cut any ice at the end of any street which extends to the river or its branches, or between the lines of any street which cross the same. Any person Penalty. violating the provisions of this section shall forfeit a penalty of twenty-five dollars, and a further penalty of twenty-five dollars for every day any hole so cut in ice shall so remain uninclose. Teams SEC. 23. No person shall leave any horse, horses or other unfastened. Uatened. animals attached to any carriage, wagon, cart, sleigh, sled or other vehicle, in any of the streets, avenues, alleys or lanes of this city, without securely fastening such horse, Penalty. horses or other animals, under a penalty, for each offense, of not less than two dollars nor less than ten dollars. Chain on SEC. 2~ Every truckman, drayman or cartman shall dray wheels. 286 [OH. REVISED ORDINANCE. p5.] MI8DEMEANORS. 28'T have a strong chain attached to the body of his truck, dray or cart, which shall be made fast-to one of the wheels when ever the horse in such dray, truck or cart shall be left standing alone in any of the streets, avenues, alleys or lanes of this city, under a penalty of two dollars for each neglect Penalty. so to do. SEC. 25. Any person who shall use any sport or exercise Dangerous 'Sports. likely to scare horses, injure passengers, or embarrass the passage of vehicles, shall be subject to a fine not exceeding Penalty. fifty dollars. SEC. 26. In all cases of persons meeting each other in rLOaaw of the vehicles in any highway or thoroughfare, or upon or near any bridge, each person so meeting shall in all cases turn off and go to the right side. Whoever shall violate this section shall be subject to a fine of not less than two dollars nor exceeding fifty dollars; he shall likewise be subject to the payment of all damages which may arise from collision, unless he shall be able to prove that the collision was wholly Penalty. owing to the fault or misconduct of the other party. SEC. 27. Any person who shall keep or leave open any dopen cellar doors; etc. cellar door, or grating of any vault on any highway or sidewalk, or suffer the same to be left or kept open, or who shall suffer any sidewalk in front of his premises to be come or continue so broken as to endanger life or limb, shall be subject to a fine of not exceeding fifty dollars in Penalty. every case. SEc. 28. No person shall sell, offer to sell or dispose of Imi.kre any impure, unwholesome, adulterated or diluted milk in said city, under a penalty of not less than twenty-five dollars PenalIty. nor more than one hundred dollars, for each offense. SEC. 29. Any person who shall make, aid, countenance DisorderIv conduct. or assist in making any improper noise, riot, disturbance, breach of the peace, or diversion, or shall use threatening or abusive language towards any other person tending to a breach of the peace, in the streets or elsewhere within the city, and all persons who shall collect in bodies or crowds for unlawfiul purposes, or for any purpose, to the annoyance or disturbance of citizens or travelers, shall be severally subject to a fine of not less than one dollar nor exceeding Penalty. one hundred dollars. 25.] 287 MISDEMEANORS. 28 XIVIE ORIANE L Disturbing SEC. 30. Any person who shall disquiet or disturb any congregation or assembly met for religious worship, by making a noise, or by rude and indecent behavior or profane discourse within their place of worship, or so near the same Penalty. as to disturb the order and solemnity of the meeting, shall be subject to a fine of not exceeding fifty dollars. False alrm. SEC. 31. Any person who shall willfully give or make a false alarm of fire or watch; or who shall employ any bell man, or use or cause to be used any bell, horn, or bugle, or other sounding instrument; or who shall employ any device, noise or performance tending in either case to the collection of persons on the streets, sidewalks or other public places, to the obstruction of the same, for any purpose whatsoever, Penalty. without permission of the mayor, in writing, shall be sub ject to a fine not exceeding twenty-five dollars. Killing SEC. 32. Every person who shall kill or wound, or birds. attempt to kill or wound, by the use of fire-arms, bow and arrow, pelting with stones, or otherwise, any bird within the city limits, or shoot an arrow, or throw a stone or club, or other missile, at any bird within any private grounds, or public parks, squares or grounds, (such bird not being the property of the person so offending,) or enter upon any pri vate inclosure or public ground belonging to the city, for the purpose of doing any act prohibited in this section, shall Penalty. forfeit and pay not less than five dollars nor more than ten Reform dollars for each offense. Every person who shall be conschool. victed for a second time of any offense in this section men tioned, who is under the age of sixteen years, may, in the discretion of the court, be sentenced to the reform schooL Imepnrson- SEc. 33. In all cases arising under this chapter, punishment. able as misdemeanors by the laws of this State, the court or magistrate before whom conviction may be had, shall have power, in addition to the penalty or fine, to cause the offender to be imprisoned for a period not exceeding three months, in their discretion. 288 loir. R'P,VISED ORDINANCE. 26.] NEWSBOYS. 29f CHAPTER XXVI. NEWSBOYS. SECTION 1. License required. 2. How issued; charge for. 8. Expiration of; badges. SECTION 4. Register of licenses. .5. Penalty for violation. SECTION 1. No person shall sell or offer for sale any Ltcense. newspaper, at any place in, upon, along or through any of the streets, avenues, alleys, or other public places within the city of Chicago, without a license so to do. SEC. 2. The mayor is hereby authorized to license under How issued his hand, attested by the clerk and city seal, any person or persons, in his discretion, who may apply to him therefor, to peddle newspapers in the streets and other public places in said city, upon the payment of fifty cents and no other fees COharge. for each license so granted; to be paid to the collector. SEC. 3. Every license granted under the provisions Expire. hereof, shall expire on the fifth day of January, after the date of such license, and every person so licensed, and not belonging to the "newsboys' association" of the city of Chicago, shall wear a black leather badge upon his hat or Badge. cap, with the word "licensed" and the number of his license plainly painted thereon, with white letters and figures at least one-half inch in size. And every person belonging to the "newsboys' association" of the said city, shall wear a white metal badge upon the left lappel of his coat, with the words "newsboys' association" and the number of his license plainly raised or engraved thereon, in letters and figures. SEC. 4. It shall be the duty of the clerk to issue the Register. licenses herein provided for, when requested so to do by the mayor, and keep a register of the name of every person so licensed, his residence or place of business, and the number of his license. SEC. 5. Any person who shall violate any provision of Penalty. this chapter, or who shall neglect or fail to comply with the provisions hereof, shall pay a fine of not less than one dollar nor more than five dollars for each offense; and the mayor is hereby authorized to revoke any license granted under this chapter, in his discretion. 19 26.] 289 .NEWSBOYS. 290 REVISED ORDINANOE. CHAPTER XXVII. NUISANCES. [CH. SBOTION 1. Keeping more than ten cattle or swine, or less number so as to be offensive; penalty. 2. Carrying on distillery, slaughtering, or rendering establishment, without permit; penalty. 3. Applications foir permit; bond; li cense. 4. Offal, etc., how disposed of; cleanli ness; penalty... 5. Permitting offal, filth, etc., to be dis charged from premises, etc.; pen alty. 6. Permitting same to remain on prem ises exceeding certain times; pen alty. 7. Renderingd offensive'matter; penalty. 8. Suffering shops, factories, distilleries and other establishments, to become foul or offensive; penalty. SECTION 9. Premises becoming offensive; pen alty. 10. Privies offensive; penalty. 11. Cellars, vaults, drains, sinks, etc., becoming offensive; penalty. 12. Suffering swine to-run at large; pen alty. 18. Posting bills; penalty. 14. Duty of police to ascertain and re port violations of foregoing provis ions. 15. Board of police to abate nuisances. 16. Notice to owner or occupant of prem ises to abate nuisance; in case of neglect or refusal, to be chargeable with expense. 17. Informers to have half of fines. 18. Obstructions in river; penalty. -Keeping SEcTION 1. Any person or persons who shall own, more than ten cattle or keep or use any yard, pen, place or premises within the city lIess, so astO of Chicago, in or upon which more than ten cattle or swine be offensive. shall be confined or kept at any one time, and any person or persons who shall own, keep or use any yard, pen, place or premises, in or upon which a less number of cattle or swine than ten shall be so kept as to be offensive to those residing in the vicinity or an annoyance to the public, shall be deemed the author of a nuisance, and, on conviction, shall be subject to a fine of not less than twenty-five dollars and not exceeding one hundred dollars in every case, and Penalty. to a like fine for every day he or they shall neglect or refuse to abate such nuisance, when notified by the mayor or board of police to abate the same. Distillery, SEC. 2. Any person or persons who shall carry on, slaughtering occr OCUpy, or use any distillery, slaughtering establishment, or rendering establish- establishment for steaming or rendering lard, tallow, offal, ment, perith.ut dead animals, or other substances of like nature, within the permit. limits of the city of Chicago, o within the distance of four miles therefrom, without permission of the common council, to be granted in the manner hereinafter provided, shall be deemed the author of a nuisance., and, on conviction, shall Penalty. be subject to a fine of not less than fifty dollars nor more than one hundred dollars in every case, and to a like fine for every day he or they shall neglect or refuse to abate 2w.] ~ - NOD. such nuisance, when notified by the mayor or board of police to abate the same SEc. 3. Any person desirous of obtaining a permit, under rpermit. the provisions of this chapter, shall make application therefor to the common council in writing, stating the business he is desirous of pursuing, and specifying the premises whereon the same is to be conducted. If such application shall be granted, the applicant shall thereupon be required to enter into a bond, with one or more sureties, to be Bond approved by the mayor, in the penal.sum of not less than one hundred dollars nor more than five thousand dollars, conditioned that the said applicant will faithfully comply with all the requisitions of this chapter, and such other ordinance or ordinances as may be hereafter passed by the common council upon this subject. And upon the execution and delivery of said bonds it shall, be the duty of the mayor and clerk to issue a license to the appli- Lio. cant, under the corporate seal, which license shall continue in force f~:the period of one year from and after the date thereof, and no longer, and the clerk shall keep a register of all licenses which shall be issued. SEc. 4. No person who shall obtain a license for any Offa, etc. business, employment, or purpose mentioned in the preceding sections, or who shall conduct or carry on any such business or employment within the limits of the city, or within the distance of four miles therefrom, or upon the Chicago river or either of its branches, or within one hundred rods thereof, shall allow or suffer any blood, bones, offal, still slops, or other offensive matter, to run, fall, or get into the Chicago river, or into either of the branches thereof, or any of the canals or slips connected therewith; or place, cause, or permit to be placed, or permit or suffer to remain on his premises, as aforesaid, any blood, bones, offal, filth, still slops,,or other offensive matter, for a longer period than twenty-four hours at any-one time, from the first day of March to the first day of November in any year, or exceeding forty-eight hours during any other part of the year; but the same shall be collected in tubs or vats, constructed Hipod of as the health officer may direct, and removed within the time above prescribed, to a distance of at least forty rods from 29,1 27.] ;VISANCES. 292 REVISED ORDINANOE. [OH. said river and its branches, and from lake Michigan, and a like distance from any dwelling or public street or highway, in covered and tight boxes as the health officer may direct, and shall be then buried in the ground and covered with a layer of earth at least twelve inches in depth, so as not to become a nuisance or matter of offense. And every such cleanliness. person shall at all times keep his premises in a clean, healthy and inoffensive condition. Any person who shall violate any of the provisions of this section shall be subject to Penalty a fine of not less than twenty-five dollars and not exceed ing one hundred dollars for each and every offense, and the license so granted to him, if any license shall have been granted, may be revoked, at the pleasure of the common council. Offal, lth, SEC. 5. Anydistiller, tanner, brewer, butcher, pork and etC., frmchag" beef packer, soap boiler, tallow chandler, dyer, livery-stable premises. keeper, or other person whatsoever, who shall cause or suffer any offal, manure, rubbish, filth, still slops, or any refuse animal or vegetable matter, or any foul or nauseous liquor, to be discharged out of or flow from any premises owned or occupied by him, or to be thrown into, deposited or left in the Chicago river, or either of its branches, or any of the slips or canals connected therewith, or into lake Michigan, or into any slough within the jurisdiction of the city, or in or upon any street, alley, public square, vacant lot, wharf Penalty. or dock, river bank or lake shore, shall be subject to a fine of not less than twenty-five dollars and not exceeding one hundred dollars for every offense. Offal, filth, SEC. 6. No person shall permit or suffer any substance of the nature mentioned in the preceding section which is remaining of the nature mentioned in the preceding section which is on premises. liable to become putrid or offensive, or injurious to the public health, to remain on any premises owned or occupied by him for a longer period than twenty-four hours at any one time, from the first day of March to the first day of November in any year, or exceeding forty-eight hours during any other part of the year, but the same shall be removed and buried within the time above designated, in the manner and according to the requisitions prescribed in like cases in the fourth section of this chapter. Any person who shall violate any provision of this section, shall be subject to a 292 OH. REVISED ORDINANCE. 2w.] NUISANOES. 293~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ fine of not less than twenty-five dollars and not exceeding Penalty. one hundred dollars for every offense, and a further penalty of twenty-five dollars for each day the same shall be allowed to remain after a conviction for the first offense. SEC. 7. No person shall steam, or boil, or in any way Reoderin, p ~~~~~~~~~~~~~~~~~offensive'ly. render any offal, tainted or damaged lard or tallow, or steam or render any animal substance in such a manner as to occasion any offensive smell, or which will, by undergoing such process, so taint the air as to render it unwholesome or offensive to the smell, within the limits of the city, or within the distance of two miles therefrom. Any person who shall Penalty. violate any provision of this section, shall be subject, for each offense, to a fine of not less than twenty-five dollars and not exceeding one hundred dollars, in the discretion of the court SEC. 8. Any owner or occupant of any tallow chandler's Foul or offensive shop, soap factory, tannery, distillery, livery stable, cattle premises. yard or shed, barn, packing house, slaughter house or rendering establishment, who shall suffer the same to become nauseous, foul or offensive, shall be fined in a sum not less Penalty. than twenty-five dollars and not exceeding one hundred dollars in every case. SEC. 9. If any person shall own, occupy or keep any Same. grounds or other premises in such condition as to be offensive and a nuisance to the neighborhood, he shall be subject to a fine of not less than twenty-five dollars and not exceed- Penalty. ing one hundred dollars, and to a like fine for every day such nuisance shall continue after the first conviction. SEC. 10. If any person shall erect or continue any privy O(nenoie within forty feet from any street, or the dwelling, shop or well of any other person, unless the same be furnished with a substantial vault, six feet deep, and made tight, so that the contents cannot escape therefrom, and sufficiently secured and inclosed, he shall incur a penalty of ten dollars, and a Penalty. like penalty for every week he shall continue the same after the first conviction. SEC. 11. If any person shall suffer, or permit any cellar, Ofensive cellar, drain, vault, private drain, pool, privy, sewer, or sink, upon any etc. premises belonging to or occupied by him, to become nauseous, foul offensive or injurious to the public health, he shall 27.] 293 NUISANCES. REVISED ORDINANCE. Penalt be subject to a fine of not less than five dollars and not exceeding fifty dollars in every case, and to a like fine for every day the same shall continue, after notice to remove and abate such nuisance. lSaine at SEC. 12. If any person, being the owner of any hog, shoat or pig, shall suffer the same to run or be at large, or Penalty be found at large, he shall be subject to a penalty of two dollars in every case. b1oting SEC. 13. Any person who shall stick or post any handbills. bill, or placard of any description, upon any public or private house, store or other building, or upon any fence, without the permission of the owner or occupant of the same, shall Penalty. be subject to a fine of not less than three dollars and not exceeding twenty-five dollars'm emery case. Duty of SEC. 14. For the purpose of carrying the foregoing police to ascertain provisions into effect, it shall be the duty of the board of and report violations of police to detail a sufficient number of the police force, not foregoing. foregoing. less than two from each division of the city, and said force to be under control of the health officer, to make, om time to time, and as often as may be requisite, a thorough and sys tematic examination of the city, and to ascertain and report to the proper authority, for prosecution, all violations of this chapter, and for this purpose they shall be permitted at all times to visit or enter into or upon any building, lot or grounds, within the jurisdiction of the city, and make examination thereof Board of SEC. 15. Whenever any nuisance shall be found on any police to nbuaistances. premises within the city, contrary to any ordinance, the board of police are hereby authorized, in their discretion, to cause the same to be summarily abated, in such manner as they may direct Ngotice to SEC. 16. In all cases where a nuisance shall be found in owner or obatuant to any building, or upon any ground or other premises within the jurisdiction of the city, twenty-four hours' notice may be given in writing, signed by the board of police, or by some officer of said board, or by the general or deputy superintendent of police, or by the acting health officer, to the owner or occupant of such building or other premises, where he is known and can be found, to remove such nuisance; and in case of his neglect or refusal to abate the 2'4 [CH'. 28.] ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ORIAOS 9 same in accordance with such notice, he shall be chargeable caXPsene of with the expenses which may be incurred in the removal neglct or thereof, to be collected by suit or otherwise, in addition to the fine or penalty. SEC. 17. Any person or persons, other than members hIaehlfrs of the police force, who may hereafter give information the fine. that shall lead to the conviction of any person or persons guilty of a violation of this chapter, shall be entitled to onehalf the fine imposed for such violation, to be paid when the same shall be collected, upon the certificate of the clerk of the police court, stating the person who gave such information, and the time when it was given. SEc. 18. Every pile, timber or stone which may have Obistrc tions in been or shall be driven, placed or laid, or projected in, along, river. or across the Chicago river or its branches, below low water mark or any water line which may be established by the common council, for the purposes of a wharf or otherwise, shall be deemed a nuisance. And every person who shall drive or place any pile, timber, or stone, as aforesaid, or be the owner of any premises on which the same shall be so driven, placed or erected, shall be subject to a fine of not Penalty. less than twenty dollars and not exceeding one hundred dollars for every violation hereof, and to a like fine for every three days such nuisance shall continue after notice to abate the same. CHAPTER XXVIII. ORDINANCES. 1. Recording, and proof of publication. 2. When to take effect. 3. Effect of repeal or modification; saving clause. 4 Election under which to proceed, where more than one applicable to offense. 5. Not revived by repeal of repealing ordinance. 6. Rules of construction; proviso. BECT-11o . Penalty for breach of, where none declared. 8. Powers and duties of mayor, who to exercise in his absence; construmc tion of words "reasonable time," "reasonable notice." 9. Liability for damages resulting from breach of, besides penalty. 10. Repeal of former ordinances; saving clause. SECTIoN 1. All ordinances passed by the common coun- Record, and proof of eil shall be recorded by the clerk in the book of ordi- publication. nances. The originals shall be filed in the clerk's office; a8.1 295 ORDI —NANOES. ', t and due proof of the publication of all ordinances requiring publication, by the affidavit of the printer or publisher, shall be procured by the clerk and attached thereto, or written and attested upon the face of the record of such ordi nances. When to SEC. 2. All ordinances passed by the common council, take effect. requiring publication, shall take effect from and after the due publication thereof in the corporation paper, unless therein otherwise expressly provided; ordinances not requiring publication shall take effect from their passage, unless therein otherwise expressly provided. Effect of SEC. 3. Whenever an ordinance, or part of an ordinance, repeal or modifica- shall be repealed or modified by a subsequent ordinance, the tion. ordinance or part of ordinance thus repealed or modified shall continue in force until the due publication of the ordi nance repealing or modifying the same, when such publica tion shall be required to give effect thereto, unless therein Saving otherwise expressly provided. But no suit, proceeding, clause. right, fine or penalty, instituted, created, given, secured or accrued under any ordinance previous to its repeal, shall in anywise be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if such ordi nance had continued in force, unless it shall be therein oth erwise expressly provided. Election SEC. 4. In all cases where the same offense may be made under which to proceed. punishable, or shall be created by different clauses or sec tions of the ordinances of the city, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense. Revival by SEC. 5. When any ordinance repealing a former ordirepeal. nance, clause or provision, shall be itself repealed, such repeal shall not be construed to revive such former ordi nance, clause or provision, unless it shall be therein so expressly provided. COonn8struc- SEC. 6. Whenever any words in any ordinance importtion. ing the plural number shall be used in describing or refer ring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not be useds And when any subject [C]EI., 296 REVISED ORDI[NANCE. 28.] ORDINANOES. 29s~ matter, party or person shall be referred to in any ordinance by words importing the singular number only, or the mas culine gender, several matters, parties or persons, and females as well as males, and bodies corporate, shall be deemed to be included: Provided, That these rules of con- Proviso. struction shall not be applied to any ordinance which shall contain any express provision excluding such construction, or where the subject matter or context of such ordinance may be repugnant thereto. SEc. 7. Whenever in any ordinance the doing of any Penalty where none act, or the omission to do any act or duty, is declared to be declared. a breach thereof, and there shall be no fine or penalty declared for such breach, any person who shall be convicted of any such breach, shall be adjudged to pay a fine of not less than three dollars nor more than one hundred dollars. SEC. 8. Whenever any power shall be vested in the who to eat in place of mayor, or he shall be required to do any act or perform any mayoin. his executive function, in his absence it shall be the duty of the acting mayor or presiding officer of the common council, for the time being, to exercise such power and perform such act or executive function as fully as if expressly named in the ordinance, unless it shall be therein otherwise expressly provided, or such act would be in derogation of the charter. In all cases where any ordinance shall require any act to be done in a "reasonable time," or "reasonable notice " to be given to any person, such reasonable time or notice shall be construe ~ ~~~~~~~~~~~~~~~~~~~tion. deemed to mean such time only as may be necessary in the prompt execution of such duty or compliance with such notice. Sitc. 9. Whenever in any ordinance the doing of any Dammgs, etc., result act, or the omission to do any act or duty, is declared to be of breach of ordinance. a breach thereof, and damage, loss, expense or injury to the city, or to any person, is a result or consequence of such doing or omission, compensation for such damage, loss, expense or injury may be recovered from the offender by the party aggrieved. SEC. 1-0. All ordinances of the city of Chicago hereto- oepeal f fore passed in relation to the subject matter of, or inconsis- ordinancestent with, any of the provisions of this ordinance, be and the same are hereby severally repealed: Provided, That such 28.] .29 i' ORDINANCES. REVISED ORDINANOE. sc g repeal shall not affect any act done or any right accruing or accrued, or established, or any suit, action or proceeding had or commenced in any civil case before the time when said repeal shall take effect, nor any offense committed, nor any penalty or forfeiture incurred, nor any suit or prosecution pending at the timnne of such repeal, for any offense commit ted, or for the recovery of any penalty or forfeiture incurred under any of the ordinances so repealed CHIAPTER XXIX. PARKS AND PUBLIC GROUNDS. 1. Name& 4. Duty of board of public works to 2. Games and plays on; penalty. superintend and improve. 8. Trespassing upon or Injuring; pen- 5. Police to arrest offenders. alty. 6. Hay on, to be cut for fre department. Names. SECTION I. The several public parks, squares and grounds in the city of Chicago, shall be known and designated by the names applied thereto respectively on the map of the city of Chicago published by Mr. J. Van Vechten in the year 1863, except that the park set apart from the north part of the cemetery, shall be known and designated as "Lincoln Park." Games in. SEC. 2. No person shall play at ball, cricket, or at any other game or play whatever, in any of the inclosed public Penalty. parks or grounds in this city, under the penalty of five dollars for every offense. Injury to. SEC. 3. No person shall walk, stand or lie upon any part of any of the enclosed public parks or grounds laid out and appropriated for shrubbery or grass; or pull up, break down or injure any of the trees, grass, shrubbery, fences, or other fixtures or things in and about or pertaining to any inclosed public park or ground, or erect any booth or other Penalty. structure therein, under a fine of not exceeding twenty dollars for every offense. Duty of SEC. 4. It shall be the duty of the board of public boardf pubwor works to superintend all inclosed public grounds, and keep works as to. the fences thereof in repair, the walks in order, and the trees properly trimmed, and improve the same according to sea . a I 29-30.] PARKS AND PUBLIC GROUNDS-PAWNBROKERS. 299 plans approved by the common council. They shall likewise cause printed or written copies of the second and third sections of this chapter to be posted in the said grounds or park& SEC. 5. Any member of the city police shall have Polict to arrest power to arrest any person who shall not desist from any offender& violation hereof, when directed, and cause him to be committed for examination. SEC. 6. The fire marshal may cause any grass fit for mytoMreto hay, growing or grown upon any of the public parks or department. grounds, to be cut and cured, under the direction of the board of public works, and appropriated for the use of the teams used by the fire department. OHAPTER XXX. PAWNBROKERS. 1. License required; penalty. 2. Definition of pawnbroker. 8. Conditions of granting license; charge; bond; fee. 4. Expiration of licenses. 5. Register of licenses. 6. Book of pawns or pledges; how to be kept; penalty. 7. Mayor and police may Inspect such book; penalty for refusal to permit. 8. Receiving pawns or pledges from minors; penalty; revocation of license. SECTION 1. No person or persons shall carry on or License. conduct the business or calling of a pawnbroker, within the city of Chicago, without having first obtained a license so to do, under a penalty of not less than twenty dollars Penaltynor more than one hundred dollars for each offense. SEC. 2. Any person who loans money on deposit, or Defmition. pledge of personal property, bonds, notes or other securities, or who deals in the purchasing of personal property or choses in action, on condition of selling the same back again at a stipulated price, is hereby defined and declared to be a pawnbroker. SEC. 3. The mayor is hereby authorized to grant a Licensepawnbroker's license to any person of good character who may apply therefor, on the following conditions: The person so applying shall first pay to the collector a sum of money Charge. in proportion to the sum of one hundred dollars per annum for the time such license shall be granted, and shall execute 0... I 300 REVISED ORDINANOE. [OH. Bond. a bond to the city of Chicago in the sum of five hundred dollars, conditioned that the said applicant will in every particular conform to the requirements of this chapter, and with the requirements or provisions of any ordinance here after to be passed concerning pawnbrokers, and thereupon the clerk shall issue a license in due form, under the corporate seal, signed by the mayor and countersigned by the clerk; said applicant shall, previously to the issuing Fee. of such license, pay to the clerk a fee of one dollar for such license. Expire. SEC. 4. All such licenses issued under this chapter shall expire on the first day of April next after the time of such issuing. Register. SEC. 5. The clerk shall keep a register of all licenses granted under this chapter, in which he shall record the name of the person licensed, the time of issuing the same, and the place of business of the person so licensed. Book of SEC. 6. Every person so licensed as aforesaid shall keep pledges. at his place of business a substantial and well-bound book, in which he shall enter, in writing, a minute description of all personal property, bonds, notes or other securities received on deposit or purchase, as aforesaid, the time when they were so received, and particularly mentioning any prominent or descriptive marks that may be on such property, bonds, notes or other securities, together with the name and residence of the person or persons by whom they How to be were left; which said book shall be kept clean and legible, kept. and no entry therein shall be erased, obliterated or defaced, and all the entries therein shall be made with ink. Every Penalty. such licensed person failing to comply with any of the pro visions of this section, shall forfeit to said city the sum of twenty-five dollars. Mayor and SEC. 7. Every person so licensed as aforesaid, shall, police may inpect during the ordinary hours of business, when requested by book. the mayor, or any police officer of the city, suubmit and exhibit such book, in the sixth section provided for, to the inspection of said mayor, or police officer, and shall also exhibit any goods, personal property, bonds, notes or other securities that may be so left with said licensed person, to the inspection of said mayor, or police officer; 300 [air. REVISED ORDINANCE. 31.] PEDDLERS. 301 and every such licensed person refusing to submit said books, goods, personal property, bonds, notes or other securities as aforesaid, upon request of the mayor, or any police officer of said city, shall forfeit to the city of Chicago Penalty. the sum of fifty dollars. r SEC. 8. No person licensed as aforesaid, shall take or Receiving from receive in pawn or pledge for money loaned, or shall take, minor-s. receive or purchase, within the line of business of such pawnbroker, any article, property or thing of and from any minor, or any article, property or thing of and from any person, the ownership of which property, article or thing is in, or claimed by, any minor, the said pawnbroker knowing said article, property or thing to be owned or claimed by such minor. Any person violating any or either of the provisions of this section, shall, on conviction, be fined in a sum not exceeding one hundred dollars. Any person Penalty. so licensed violating any of the provisions of this chapter, or of any ordinance hereafter passed, concerning pawnbrokers, shall be subject, in the discretion of the mayor, Revocation. to have his license revoked. CHAPTER XXXI. PEDDLERS. BEOTION SE(cTION 1. Peddler defined. 4. This chapter not to apply to certain 2. License required; penalty. classes of peddlers. 8. License conditions; charge; bond; 5. Peddler using vehicle to have same character; application; term; revo- painted, how. cation; proviso as to books, fruit, etc.; fraud, imposition, etc.; pen alty. SECTION 1. Every person who shall sell, or offer any Peddler defined. goods, wares, merchandise, or other articles of value for sale, barter or exchange at any place in, upon, along or through the streets, avenues, alleys, or other public places, docks and wharves, shall be deemed a peddler. SEC. 2. It shall not be lawful for any peddler to exer- License required. cise his calling within this city without a license; and any person violating this section shall be subject to a penalty of 301 31.1 PEDDLERS. I 802 REVI~~~~~~~~~~~~~~~~~~~D ORDINANCE. [c,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Penalty. not less than ten dollars nor more than one hundred dolla for every offense. License. SEC. 3. The mayor is hereby authorized, in his disce tion, to grant a peddler's license to any person applying in Charge. writing for the same, upon the payment of twenty-two dollars, and no other fees: Prov,ed, Such person so applying Bond shall execute to the city of Chicago a good and sufficient bond, with ample security, to be approved by the mayor, in the penal sum of three hundred dollars, conditioned for the faithful observance by him of all ordinances of the city, and for the payment of all sums of money he may become liable to pay on account of any debt, fine or penalty incurred by him at any time during the period of such license; and further, conditioned for the payment of all liabilities he may incur by reason of any deceit, fraud or misrepresentation to any person or persons with whom he may deal as such Character. peddler: And Provided, further, That the mayor shall be satisfied that the person so applying is in all respects a suitable and proper person to be so licensed, and of good Atipplica- moral character. Every application for license shall specify the kind and aggregate value, as near as may be, of the goods, merchandise or articles desired to be peddled, and also the mode of conveyance of the same, whether by cart, trunk, hack or wagon, or otherwise; and the license issued shall also set forth such description and mode of conveyance. Term. Such license shall be granted for one year, and shall be Revocation. subject to be revoked by the mayor, in his discretion, for any improper conduct on the part of the person so licensed: Proviso. And Provided, further, That the license to peddle books, fruit, nuts, cakes, refreshments or bread, may be granted on Fruda,ition payment of two dollars only. Any person licensed as imposition, eto. aforesaid, who shall be guilty of any fraud, cheat, misrep resentation or imposition while acting in such capacity, or who shall peddle any other kind of goods, merchandise or article, or use- any other mode of conveyance than that speci fied in his license, without leave of the mayor, shall, on Penalty. conviction thereof, be subject to a fine of not less than ten dollars nor more than one hundred dollars. Not toapply SEc. 4. This-chapter shall not be so construed as to apply to country produce, to any person or persons coming into the city from the 802 [CH. REVISED ORDINANCE. 32w] PETROLEUM, AND OTHER DANGEROUS LIQUIDS. "3 country with teams or otherwise, with any produce for mar- childr& - ~~~~~~~~~~~~~~~peddlin~ ket; or to any person selling any vegetables, berries, or nthe wtsporper produce of their own farms or premises; nor shall the same be so construed as to make it a penal offense for children under the age of twelve years to peddle apples or other fruit, provided they do not occupy a stand; nor be construed to apply to the peddling of newspapers. SEC. 5. Any person who shall exercise the vocation of Pedifar using a peddler, by means of wagon, cart, or other vehicle, shall tousil., to have cause his name, together with the number of his license, to g]n.ted, be painted on the outside of his vehicle, in letters and figures not less than one inch in length. Any violation of this section shall subject the offender to a fine of not less than five dollars and not more than fifty dollars. CIIAPTER XXXII. PETROLEUM, AND OTHER DANGEROUS LIQUIDS. 5scrION 85cT() 1. Restrictions on storage of petroleum 5. Oath of inspector and deputies, and and other dangerous fluids. bond of inspector. 2. Exenfption from last section under 6. Inspector and deputies not to deal, certain conditions. etc. 8. Appointment of inspector, and his 7., Account and book of inspector. duties. 8. Frauds, evasions, etc.; penalty. 4. Inspector, fees and deputies. SECTION L It shall be unlawfuil for any-person, persons, Restrictions '' ~~~~~on storage. or corporation, to store or keep for sale within the corporate limits of the city of Chicago, any crude petroleum, gasoline, naphtha, benzine, camphene, spirit gas, burning fluid, or spirits of turpentine, exceeding a quantity of five barrels of forty-five gallons each; and it shall be unlawfiul to keep for sale, or on storage, any refined carbon oil, kerosene, or other products-for illuminating purposesof coal, rock, or earth oils, excepting such refined oil as will stand a fire test Fire test. of one hundred degrees of Fahrenheit, according to the method and directions of John Tagliabue; and it shall not be lawful to keep any quantity of said articles exceeding one barrel of forty-five gallons in any part of a building, excepting a cellar, the floor of which shall be five feet below the grade of the adjacent -streets; and no crude petroleum, 304 REVISED ORDINANOE. [OH. Onstreet, gasoline, naphtha, benzine, carbon oil, camphene, spirit gas, ,sidewalk, etc. burning fluid, or spirits of turpentine, shall be kept, or stored, in front of any building, or on any street, alley, wharf, lot or sidewalk, for a longer time than is sufficient Proviso. to receive in store or in delivering the same: Provided, Such time shall not exceed six hours. fStorage rooin SEC. 2. Any person, persons, or corporation, having waehouse. within the city a fire-proof warehouse, detached and clear of other buildings, and at least fifty feet distant, and exclu sively used for the storage of such articles as are named in this chapter, and properly ventilated for that purpose, having beneath its ground floor an open space or cellar, three feet or more in depth below the surface of the adjacent ground, on procuring the approval, in writing, of the fire marshal, may apply to the common council of this city for a Permit. permit to use said warehouse exclusively for said purpose; and if the common council, with the consent of the mayor, shall grant such permit, then while the same shall remain in force said parties using said warehouse shall not be subject to the foregoing section of this chapter. Inspector. SEC. 3. There shall be appointed by the common council, Appoint- by ballot, biennially, on the second Monday of May, or as ment. soon thereafter as may be, an inspector of mineral oils. Said inspector shall be a suitable, qualified person, who is neither directly or indirectly interested in manufacturing, vending or selling, either as principal or agent, any of the Duties. articles mentioned in this chapter. He shall, at his own expense, provide himself with the necessary instruments and apparatus for testing the quality of said articles named in this chapter, and whose duty it shall be to examine and test the quality of all said oils and products that he shall be requested by any importer, dealer, or vendor, to examine; and if upon such testing and examination, the oils so tested and examined shall meet the requirements of this chapter, he shall brand the same with the date of examination, his Branding. name, and this device, "Approved: the fire test being," on each package, cask or barrel containing it; and it shall be lawfiul for any dealer to sell the same. But if the oil so tested shall not meet the requirements of this chapter, he shall mark upon each package, cask or barrel, his name, the OH. 304 REVISP,D ORDINANCE. 42.] PETROLEUM, AND OTHER DANGEROUS LIQUIDS. 305 date of examination, and this device, "Condemned, as dan- cont dtoem beed gerous for illuminating purposes: the fire test being,, sold, etc. and it shall be unlawful for the owner thereof to offer the same for sale within the limits of this city, for illuminating purposes. SEC. 4. The inspector provided in this chapter, may Fes. charge not to exceed six cents for inspecting or examining each package, cask or barrel, and collect the same of the party employing him. He may also, if necessary to the Deputies. convenient dispatch of his duties, appoint a suitable number of deputies, for whom he shall be accountable, which deputies are empowered to perform the duties of inspector. SEc. 5. Every person appointed inspector or deputy Oath. inspector shall, before entering upon the duties of his office, take an oath, or affirmation, to perform the duties of his office with fidelity, and every inspector shall file a bond to Bond. the city of Chicago, with two sureties, in the sum of ten thousand dollars, conditional for the faithful performance of the duties imposed upon him, which bond shall be for the use of all parties aggrieved by the acts of such inspector. SEC. 6. No inspector or deputy inspector, while in office, Dealing,ete. shall buy, sell, bargain, or otherwise trade in any article which they are appointed to inspect, and for any violation of this chapter he shall be liable to the forfeiture of his bond. SEC. 7. Every inspector shall, within twenty-four hours Account. after inspection of oils heretofore mentioned, return a true and accurate account thereof to the party employing him, and shall make an entry of all oils inspected, in an intelligible manner, in a book prepared for that purpose, which shall be Book. open to inspection by all parties. SEC. 8. Any person, persons or corporation who shall Frauds, evasions, violate either of the provisions of this chapter, or who shall etc. use or refill casks, barrels, or packages having the inspector's brands thereon, for the purpose of fraudulently evading the conditions of this chapter, or shall mark the inspector's device, or any marks purporting to be marks of inspection, on any cask, barrel or package of any of the articles named in this chapter, or shall offer for sale within the city any of said oil that has not been examined by said inspector or 20 306 REVISED ORDINAN()E. ECH. Penalty. his deputy, shall be.subject to a fine of not less than twenty five dollars nor more than one hundred dollars for each Informer. offense, one-half of which shall go to the informer, and the penalties for a violation of this chapter may be recovered in any court of competent jurisdiction. CHAPTER XXXIII. POLICE DEPARTMENT. SECTION SECTION 1. General duties and powers of police. T. Hackmen, etc., at depots, etc., to 2. To enter buildings, if refused, with obey; penalty. force, and arrest, etc. 8. Mayor's police; appointment and du 3. Police neglecting duty; penalty. ties 4. Resistance to, or interference with; 9. May be dismissed by mayor; com penalty. pensation. 5. Duty to aid police; penalty for neg- 10. Mayor to report appointments to po lect or refusal. lice commissioners, who are to em 6. Falsely representing police, etc.; power, etc. penalty. Duties and SECTION 1. The several members of the police force of powers. the city of Chicago, when on duty, shall devote their time and attention to the discharge of the duties of their stations, according to the laws and ordinances of the city and the rules and regulations of the board of police; and it shall be their duty, to the best of their ability, to preserve order, peace and quiet, and enforce the laws and ordinances throughout the city. They shall have power to arrest all persons in the city found in the act of violating any law or ordinance, or aiding and abetting in any such violation, and shall arrest all persons found under suspicious circumstances, and shall take all such persons so arrested to the place desig nated by such rules and regulations. They shall have power and authority in the city to serve and execute war rants and other process for the apprehension and commit ment of persons charged with or held for examination or trial, or taken in execution for the commission of any crime or misdemeanor, or violation of any law or ordinance of the city; and while executing or serving, or assisting in the execution or service of any such warrant or process, shall be vested with and have all the powers and authority con ferred on constables at common law, and by the laws of this State. [CH. 306 REVISED ORDINANCE. 4 33.] POLIcE DEPARTMENT. 3O SEC. 2. They shall have power and authority, in a To entergs peaceable manner, or if refused admittance after demand and arrest. made, with force, to enter into a house, store, grocery, shop or other building whatever in the city, in which any person or persons may reasonably be expected to be for unlawful purposes, and if any person or persons shall be found therein, guilty of any crime or misdemeanor, or violation of any ordinance for the preservation of the peace and good order of the city, or who may reasonably be suspected thereof, or who shall be aiding or abetting such person or persons so found, they shall apprehend and keep in custody such per son or persons as in cases of other arrests. SEc. 3. Any member of the police force who shall neg- Noeglect of duty. lect or refuse to perform any duty required of him by the ordinances of the city or the rules and regulations of the board of police, or who shall, in the discharge of his official duties, be guilty of any fraud, extortion, oppression, favor itism, partiality or willful wrong or injustice, shall forfeit Penalty. and pay a penalty not exceeding one hundred dollars for each offense. SEc. 4. Whoever in the city shall resist any member of Resistance to. the police force in the discharge of his duty, or shall in any way interfere with, or hinder or prevent him from discharging his duty as such member, or shall offer or endeavor so to do, and whoever shall in any manner assist any person in custody of any member of the police force to escape or attempt to escape from such custody, or shall rescue or attempt to rescue any person so in custody, shall be fined not less Penalty. than three dollars nor more than one hundred dollars. SEC. 5. It shall be the duty of all persons in the city, Citizensto when called upon by any member of the police department, to promptly aid and assist him in the execution of his duties. Whoever shall neglect or refuse to give such aid and assist- Penalty. ante, shall be fined not exceeding one hundred dollars; and if the person offending be a licensed hackman, cabman or drayman, or the driver of any licensed hackney coach, cab, omnibus, dray, wagon or other vehicle, the court or magistrate convicting shall be authorized to give judgment that the license for the said person or the driver of the vehicle be canceled and revoked. 33.] 301 POLICE DEPART3fENT. REVISED ORDINANCE. Personat- SEC. 6. Any person who shall falsely represent any of tng. the members of the police department of this city, or who shall, maliciously or with intent to deceive, use or imitate any of the signs, signals or devices adopted and used by the police department, or shall wear in public the uniform adopted as the police uniform, after having been removed or susPenalty. pended, shall be subject to be fined not less than three dol lars nor more than one hundred dollars, or be imprisoned for a term not exceeding three months, or both. Hackmen, SEC. 7. Hackmen, cabmen, omnibus drivers, draymen, etc., to obey. porters, runners and other persons, when at or about any railroad depot or station, or steamboat or canal-boat land ing, or other public place in the city, shall obey the com mands and directions of the police officer or officers who may be stationed or doing duty at or about such depots or stations, or landings, or other places, for the preservation of order and enforcing the ordinances. Whoever shall refuse to obey the commands and directions of a police officer as Penalty. aforesaid, shall be subject to be fined not exceeding twenty dollars. Mayor's SEC. 8. The mayor is hereby authorized and empowered police; appoint-nd to appoint not to exceed four men who are qualified by law ment and duties. to act as police officers~ to be known as the mayor's police, whose duties shall be to look after and to prosecute any person or persons who shall vend or dispose of any article or thing of any kind whatsoever without first having ob tained legal permission so to do, or who shall in any man ner violate the ordinances of the said city of Chicago, and to discharge such other duties as the mayor may direct. Toffiencure andf SEC. 9. The person or persons so appointed may be discompensa- missed from said service by the mayor, at his discretion, and he or they shall receive the same compensation as is paid to the patrol police force, to be paid out of the contingent fund of said city. Mayor to report, etc. SEC. 10. It shall be the duty of the mayor to report the appointments made in accordance with the provisions of section eight, to the commissioners of the board of police, who shall legally empower the person or persons so ap pointed to discharge the duties of a police officer. 308 [CH. 34.] PORTERS AND RUNNERS. CHAPTER XXXIV. PORTERS AND RUNNERS. SECETION SETION 1. License toporters and runners; bond; 5. Not to act at depots, etc., except, etc.; charge; expiration. proviso as to hackmen, etc. 2. Employers may have license revoked 6. Deceit, imposition, etc. and new one in lieu; no change or T. Fees. transfertoanotherhouse; employer 8. Disturbance, profanity, etc. liable, etc. 9. Police may arrest; give directions; . Not to act without license; badge; duty to obey. card. 10. Penalty for violations of this chapter. 4 Not to solicit travelers without li cense; proviso as to hackmen, etc. 309 SECTION 1. Any person of good moral character, on License. application to the mayor, in writing, shall be entitled to a license to act as "public porter and runner," upon his exe cuting, for the use of the city of Chicago, a bond, with two Bond. or more good and sufficient sureties, to be approved by the mayor, in the penal sum of five hundred dollars, conditioned to observe and keep all ordinances on this subject, and upon the payment of the sum of twelve dollars per annum and Charge. no other fees: Provided, That all licenses issued or granted under this ordinance shall expire or be renewed on the first Expire. day of April in each and every year. SEC. 2. The keeper or keepers of any hotel or public nevocation and substi house, who shall have obtained a license for any porter or tution. runner in his, her or their employ, may, at his, her or their option, have the same revoked, and be entitled to another for the remaining portion of the year for which such license shall originally have been granted, without additional charge or fee therefor: Provided, That no such license shall Provaiso aes to transfer. be changed or transferred to any other hotel or public house, without an order from the mayor or common council for that purpose first had and obtained; and each and every keeper or proprietor of any such hotel or public house shall be personally liable for each and every violation of this eiabPloer chapter, or any clause thereof, when committed by any porter or runner in his, her or their employ, or who shall be acting under the license granted to any such hotel or public house keeper or proprietor, or either of them, for the use of such hotel or public house. SEC. 3. No person shall act as public porter or runner, License. I 310 REVISED ORDINANCE. Loll. either for himself or for any hotel or public house, or in any manner act in that capacity, or ask the patronage or custom of any traveler or other person for any public house, hotel, steamboat, canal-boat, propeller, railroad depot or station, transportation company, stage company, or line, canal or steamboat landing or dock, or other place of business, of the person or persons, company, line or corporation, by whom he shall be employed, unless he shall first obtain a license, or be furnished with one by the person or persons, company, line or corporation, for whom he is acting, according to the provisions hereof; nor unless he shall, when so acting as pub lic porter or runner as aforesaid, wear conspicuously upon his Badge. breast a badge as follows, to wit: A brass plate, elliptical in form, with a catch or pin to attach the same to the front of the breast, upon which shall be painted or engraved in legible letters, of not less than three-eighths of an inch in length, the name of the public house, hotel railroad depot, or station, or line, boat or company, or (:: place for which the said porter or runner is acting, and also in legible letters, of not less than one-half of an inch in length, the word porter, or runner, as the wearer may be; and also in legible letters, not less than five-eighths of an inch in length, the number of the license of said porer or runner. The said plate shall not be less than three and one-half inches in length, nor less than two inches in width. And no person in said city shall in any manner act as runner for any public house, hotel, company, boarding house or person, unless such runner Card. shall present to the person or persons solicited, a card plainly printed in a language understood by such person, contain ing the name of the person, company or place, and the busi ness and location of the company, person or place for whom such runner may be acting, and if he be a runner for a boarding house, hotel or other place of entertainment, such card shall contain also the price of lodging, of board by the day, by the week, by the single meal, and the price of con veyance of persons and baggage to and from such boarding house, hotel or other place of entertainment, conspicuously printed on such card or bill. Soliciting SEc. 4. No person shall, at any railroad depot or, staw ithout . tion, steamboat, canal-boat, propeller, dock or landing, or [cir. 310 REVISED ORDINANCE. F 34. eOTR AN RUNES 3 other place in this city, ask or solicit any travelers, or other person or persons, to ride in or use any hackney coach, cab, omnibus or other vehicle, which runs for hire and for the conveyance of passengers, unless he or they shall have a license for that purpose first had and obtained: Provided, Proviso. That nothing herein contained is intended to prevent the owner or licensed deiver of any licensed hackney coach, cab or omnibus, from notifying any person that his hackney coach, cab or omnibus is licensed, and runs for hire for the conveyance of passengers. SEC. 5. No person shall, as a runner or porter at any Run,er"s Jetc., at place on any railroad or railway grounds, or on any street depots, etc. adjacent thereto, ask, solicit or engage any person to repair to any tavern, hotel or public house in said city, or to any steamboat, railroad or other public conveyance, excepting such agents for other railroads, steamboats or other public conveyances as may be authorized thereto by the person having charge of the so -:assenger houses respectively, and persons so authorized snail, at all times when on duty, wear appropriate badges designating their employment: Provided, That the provisions of this section shall not Proviso. apply to any licensed hackman asking or soliciting custom for his hack while wearing thecadge specified in section five, of the chapter concerning Vehicles. SEC. 6. No porter or runner shall at any time or place Deceit, etc. make use of any device, deceit, imposition or false representation, in relation to the charge of fare, character, custom or location of any public house or hotel, private house, street, place of business, locality or number, whatever in said city, or in relation to the time or place of the arrival or departure of any vessels, boat, stage, railroad car or train, or other conveyance, to any stranger, non-resident or citizen, or in any other manner use any deceit as to the arrival or departure of any stage, steamboat, railroad car or train, or other conveyance, or as to any locality, place, name or number, or be guilty of any misrepresentation or evil practice toward any emigrant or other person. SEC. 7. Public porters shall be entitled to charge, for rFees. each trunk or package which they may carry, twelve and a half cents for any distance not exceeding one-fourth of a 34.] 311' PORTERS AND RUNNERS. 31~~ REVISED ORDINANCE. OH. mile, and twenty-five cents for any distance exceeding one fourth of a mile; and no public porter shall demand or exact any greater sums than are herein permitted. Profanity, SEC. 8. NO porter or runner shall at any time or place, etc. when engaged in his employment, make any unusual noise or disturbance, or make use of profane, obscene or boister ous language, or use any language or be guilty of any act calculated to disturb the public peace or the good order of the city, or harass, vex or disturb strangers or citizens. Police may SEC. 9. Any member of the police force shall have arrest. power to arrest and commit any porter or runner for exami nation, who shall be engaged in the conunmmission of any act prohibited by this chapter. They shall also have power to give any directions which may be required for the preserva tion of the peace, or the convenience of the public at any railroad termination, steamboat or other public landings. And no person shall refuse to obey any such directions, or shall resist such officer in the discharge of any duty. Penalty for SEC. 10. Any person who shall violate any section, or violation. any clause or provision of any section of this chapter, or shall fail to perform any act or thing required hereby, shall, on conviction, be fined in a sum of money not less than five dollars nor more thai one hundred dollars, and may be imprisoned in the bridewell for the space of ninety days at hard labor, or both, in the discretion of the court before whom such conviction shall be had; and if committed by any such licensed porter or runner herein provided for, his license may be revoked, in the discretion of the mayor. CHAPTER XXXV. POUNDS. Si crION 1. Pounds to be constructed; appoint ment of keepers; if but one pound, provisions of this chapter to apply. 2. Cattle not to run in certain limits, nor horses nor swine in the city. 8. Penalty to owner for permitting ani mals to run at large. i Duty of keeper to impound; penalty for neglect. SECTION 5. Power of citizens to impound; re ward. 6. General duties of keeper; notice of sale, and sale. 7. Fees of keeper. 8. Application of proceeds of sales. 9. Redemption by owners of animals impounded. 312 [OH. REVISED ORDINANCE. 35.] SECTION 10. Person impounding or selling, not to be interested in purchase of animal sold; penalty. 11. Breaking pound, etc.; penalty. 12. Obstructing impounding; penalty. POUNDS. 313 SECTION 18. Keeper to report to comptroller; pay surplus proceeds of sales to treas urer; to keep record. 14. If proceeds deficient, suit for, such deficiency. 15. Owner to have surplus proceeds, ex ceeding three dollars. SEcTION 1. The board of public works, when directed Construc tion of. by the common council, shall construct in each of the divi sions of the city, good and suitable pounds, to be placed under the care and direction of a pound keeper for each division, to be appointed in accordance with the provisions Appoint ment of of section 16, of chapter 2, of the Revised Charter of 1863. keeper. Should but one pound for the whole city at any time be in If but one. use, then all the provisions of this chapter, as to pounds for, and animals at large in, each division, shall apply to such pound for, and animals at large in, the whole city. SEC. 2. No cows, or cattle of any kind, shall be per- Cattlenot to run in mitted to run at large within that part or portion of the certain limits. city of Chicago bounded as follows: All that portion of the south division lying north of Thirty-first street, and east of Clark street, and all that portion of the south division lying north of Sixteenth street, and all that portion of the west division between Monroe street and Fulton street, and all that portion of the north division lying south of North av, enue and east of Wells street, And all that portion of the north division lying south of Division street; nor shall any Horses and swine. horse or swine be permitted to run at large within the corporate limits of the city of Chicago. SEC. 3. Any owner or owners of any such animal or Penalty. animals, who shall permit the same to run at large, contrary to the provisions of the last section, shall forfeit and pay a penalty of three dollars for each animal so permitted to run at large. SEc. 4. It shall be the duty of the pound keeper in each Duty of keeper to division, to take up and impound any such animal known impound. to him to be running at large in his division, contrary to the provisions of section two; and for each refusal or neglect so to do, he shall forfeit and pay a penalty of ten dollars. SEC. 5. It shall be lawful for any person to take up any Power of such animal running at large contrary to the provisions of others. section two, and take the same to the pound of that division REVISED ORDINANCE. of the city where such animal may be found. And for so Reward. doing he shall receive from the pound keeper, when col lected, one-half of the penalty collected on account of such animal running at large. dGeneralf SEC. 6. It shall be the duty of the pound keepers to duties of keepers. receive into their pounds all animals brought there in pur suance of the provisions of the last section; to take proper care of, and provide proper sustenance for, all animals im pounded; to deliver to the owners thereof all such animals as may be redeemed by such owners before sale thereof; and if such arLimals are not so redeemed within twenty-four hours after the same are impounded, then, forthwith (Sundays excepted), after the expiration of said twenty-four hours, to post three notices, one at the court-house, and the other two in two of the most public places in the division of the city where such animal or animals may be impounded, in substance as follows: Notice. POUND NOTICE. Taken up and impounded in the Pound of the Division at (here insert location of the pound), on the day of,18, (here insert description of animal or animals,) which will, if not redeemed before sale, be sold at public auction to the highest bidder, for cash, at said Pcund, at the hour of ten o'clock in th, forenoon, on the day of, 18 , Pound Keeper. The day of sale fixed in such notice shall be the third day after the animal or animals therein mentioned were im pounded, except when the same would fall upon a Sunday, Christmas, New Years, fourth of July, or election day, when it shall be the day after such holiday, or holidays, if Sale. two of them come together. And if said animal or animals are not redeemed, authority is hereby given to said pound keepers to sell the same in accordance with such notices. Fees. SEC. 7. The pound keepers shall be entitled to the sum of fifty cents for their fees for each animal impounded, and fifty cents for providing sustenance for each animal impounded, for each day or part of day the same may be kept, and to all penalties received for all animals taken up and impounded, except so much as is paid to other persons under the pro visions of section five, and to no other compensation. Proceeds of SEC. 8. The proceeds of the sales of all animals sold sale. Ecir. 314 35.] POUNDS. 315 under the provisions of section six, shall be applied, first, to pay the pound keepers such sums as they may be entitled to receive for fees and sustenance, under the provisions of the last section; next, to the payment of the penalties incurred by the owner or owners of such animals; and any surplus of such proceeds shall be by the pound keepers accounted for as hereinafter provided. SEC. 9. At any time before sale of such animal or animals, Redemp tion. the owner or owners thereof may redeem the same by paying to the pound keepers such sums as they may be entitled to receive for fees and sustenance, under the provisions of section seven, and the penalties incurred under the provisions of section three. SEC. 10. No person shall purchase, or be interested, Dbislanbye. directly or indirectly, in the purchase of any animal taken up, impounded or sold by him under the provisions of this chapter, under a penalty of ten dollars for each animal, and, Penalty. if a pound keeper, a forfeiture of his office. Breaking SEC. 11. If any person shall break open, or in any man- pBound.I ner, directly or indirectly, aid or assist in, or counsel or advise, the breaking open of any city pound, such person or persons shall severally forfeit and pay the sum of twenty- Penalty. five dollars. SEC. 12. Any person who shall hinder, delay or obstruct Obstrctany person or persons engaged in taking to any city pound any animal or animals liable to be impounded, shall forfeit and pay a fine of not less than five dollars and not more Penalty. than fifty dollars, for each animal so being taken. SEC. 13. Each pound keeper shall render to the comp- Keeperto ~ report. troller, at the end of each month, a full statement, on oath, of the animals by him received into his pound, of those redeemed by the owners, of those sold by him, and the amount of the sales thereof respectively, and of the moneys received by him as such pound keeper during such month; and at the same time he shall pay to the treasurer all sur- surplus plus of proceeds of sales, as mentioned in section eight, and present to the comptroller, with the statement aforesaid, the treasurer's receipt therefor. IHe shall also keep a record Record. in which he shall enter, from time to time as they occur, all the matters required to be shown by such statement, and 35.] 315 POUNDS. 31 REIE RIAO.[H upon which he shall take the receipts of the owners for the animals by them redeemed. Deficiency SEC. 14. Whenever any animal shall be sold-under the of proceeds. provisions of this chapter, and shall not bring enough to pay the fees, sustenance and penalty, the deficiency may be Suit. recovered by suit in the name of the city, prosecuted by the pound keeper, and when recovered, shall be disposed of as hereinbefore provided as to proceeds of sales. Owner to hOaWlveesurtplus SEC. 15. When the surplus proceeds of the sale of any proceeds animal, as mentioned in section eight, shall have been paid to the treasurer and exceed three dollars, the owner of such animal, upon satisfactory evidence of his right thereto pre sented to the comptroller, may have a warrant on the treasurer for such excess. CHAPTER XXXVI. RAILROADS. SEcOTION 1. Not to run at greater speed than six miles an hour in the city. 2. Not to stop on street-crossing longer than, etc.; proviso. 3. If crossing obstructed longer than, etc., how to proceed. 4. Light when running at night. 5. Obstructing streets by lumber, etc.; switch-house, etc. 6. Whistles not to be sounded in city. 7. Bell rung continually in city. 8. Sign-boards at entrance of city. SECTION 9. Superintendents to furnish engineers and conductors with a copy of this chapter. 10. Cylinder cocks; steam escaping; pro viso. 11. Flagmen; where to be stationed; duties. 12. Penalty for violations of foregoing provisions. 13. Empty cars on street-crossing; pen alty. 14. Reward to informers. Speed. SECTION 1. No locomotive engine, railroad passenger car or freight car shall be driven, propelled or run upon or along any railroad track within said city, at a greater speed than the rate of six miles per hour. stopping on SEC. 2. NO railroad company, railroad engineer, train crossing. conductor, or other person, shall cause or allow any loco motive engine, car or cars, or train of cars, to stop in, or remain upon, any street and railroad crossing within said city, at which, by the provisions of this chapter, a flagman is ordered to be stationed and kept, for a longer period than five minutes at any one time, nor upon any other street and railroad crossing in said city for a longer period Provso. than ten minutes: Provided, however, That in case a collision [cit. 316 REVISED ORDINANCE. .. I 36.] ~~~~~~~~~~~~~~~~~~~~~~A1LROAD~~~~~~~~~~~~~~~~~~~~~~~~~~~~. 317~~~~~~~~~~~~~~~~~ should take place at any or either of the crossings aforesaid, reasonable time shall be allowed to remove any obstruction that may be caused thereby. SEc. 3. Should any street and railroad crossing in said Crossing obstructed~ city be and remain occupied and obstructed, in whole or in how to .proceed. part, by any train of railroad cars for and during the period of five minutes, it shall be the duty of each and every railroad company upon whose line of road such obstruction may occur, their agents or employees, on or before the expiration of said five minutes, when from any cause the entire train cannot be propelled or removed to any one side of any street occupied and obstructed as aforesaid, to cause such cars as may be on or near said crossing to be uncoupled, and some one division of the train, as thus made, removed from off the aforesaid street and railroad crossing, in such manner as to leave said street entirely free and unobstructed, and said train, when again coupled, shall be removed forthwith from off any such crossing as aforesaid. SEc. 4. Every locomotive engine, railroad car or train Light. of cars running in the night time on any railroad track in said city, shall have and keep, while so running, a brilliant and conspicuous light on the forward end of such locomotive engine, car or train of cars. SEC. 5. No company, corporation or person shall be Obsteructing streets. allowed to deposit or place in the street, any lumber or other material, nor shall they load any car from the street with any material deposited there, nor erect or maintain any switch house, or other building, upon any street, highway, or alley within the city limits. SEc. 6. No railroad company shall cause or allow the whistle. whistle of any locomotive engine to be sounded within the city, except necessary brake signals, and such as may be absolutely necessary to prevent injury to persons, and to property other than their own, and that in their possession as freight. SEC. 7. The bell of each locomotive engine shall be Bell. rung continually while running within said city. SEC. 8. Each railroad company, running on any railroad Sign-boards. within said city, shall erect at the entrance of such railroad 36.] 317 RAILROADS. 318 ILEYISED ORDINANCE. [on. within the city, a sign-board, having thereon the words, "stop speed," "ring the bell," legibly painted thereon, and keep the same so erected. Cop of this SEC. 9. Each superintendent of any railroad shall chapter to engineersfr egne angicnduc furn ish each engineer and train conductor of any railroad tors. running within the city, a certified or printed copy of this chapter, and shall moreover furnish to any officer of said city applying therefor, the name of any person in the em ployment of said railroad company who shall have been charged with having violated any of the provisions of this chapter. CGynsder SEC. 10. No railroad company shall cause or allow the cylinder cock or cocks, of any or either of their several locomotive engines, to be opened so as to permit steam to escape therefrom at any time while running upon or along any railroad track laid in any street, or when the engine is in immediate proximity to any street or railroad crossing in Proviso. said city: Provided, however, That when such engine shall be standing at such point in said city, and for three revolu tions of the driving wheel after being put in motion, the said cocks may be opened for the purpose of allowing condensed steam to escape. Flagmen. SEC. 11. All railroad companies whose track or tracks cross or intersect any of the streets in the city of Chicago east of the west line of Halsted street, approaching any bridge or bridges now erected or constructed, or which may hereafter be erected or constructed upon or across the Chicago river, or either of its branches, shall, when any such street or streets approaching any bridge or bridges, as aforesaid, are crossed or intersected by any such railroad track or tracks at any point within one mile from either end of any or either of said bridges, keep at such crossing a flagman, who shall at all times keep watch for the trains to prevent accidents, and also at all crossings of street or horse Where to be railways. In addition to keeping flagmen on bridge streets, stationed. and street railway crossings, all railroad companies whose track or tracks cross or intersect any of the following named streets at the points herein designated, to wit: On Harrison street, between Griswold and Sherman streets; on South Canal street, between Meagher and Sixteenth streets; on 318 [CH. REVISED ORDINANCE. 36.] RAILROADS. 319 South Jefferson street, between Meagher and Sixteenth streets; on State street, near Sixteenth street; on South Clark street near Sixteenth street; on North Jefferson street, between Kinzie and Fulton streets; on the Archer road, at its intersection with Stewart avenue, and on South Clark street, at its intersection with Taylor street, and at all street crossings where they shall be required so to do by the mayor of said city, on the recommendation of the com mittee on railroads, shall station, keep, and maintain at all times, at their own expense, at each and every of said street and railroad crossings, a flagman, whose duty it shall be to Duties. signal persons traveling in the direction of any or either of the crossings aforesaid, and warn them of the approach of any locomotive engine, or other impending danger. SEC. 12. Any railroad company o r railroad corporation Pe-nalty for violation. who shall, by themselves, their agents or employees, violate or fail to observe any of the foregoing provisions of this chapter, or any agent or employee of any railroad company or railroad corporation, or other person, who shall violate or fail to observe the same, shall, for each violation or failure to observe the same, be fined in a sum not less than twenty-five dollars nor exceeding one hundred dollars, to be recovered in any court of competent jurisdiction. SEC. 13. Any railroad company or railroad corporation Empty er remainn who shall, by themselves, their agents or employees, or any oacrosings. agent or employee of any railroad company or railroad corporation, who shall cause or allow any empty railroad car or cars to be detached from any locomotive engine and left to remain upon any street and railroad crossing within said city, east of the west line of Halsted street and north of the south line of Sixteenth street, for a longer period than five minutes, shall be fined in the sum of ten dollars Penalty. for each and every consecutive five minutes after the lapse of the first five minutes any such empty railroad car or cars detached as aforesaid shall be so permitted to remain thereon. SEC. 14. Any person or persons, excepting members of Reward to informers., the police department, who shall make complaint to the police justices of this city or other proper authority, of the violation of any of the provisions of this chapter, by any 36.] 319. RAILROADS. 320 REVISED ORDINANCE. Eon. railroad company or railroad corporation, whether committed by themselves, their agents or employees, and upon whose evidence a final verdict shall have been obtained in favor of said city, from any court of competent jurisdiction, before whom the case may be tried, shall be entitled to receive, in addition to the usual witness fees, one-half the fine imposed for each and every violation or failure to observe the same as aforesaid. CHAPTER XXXVII. SALE BY SAMPLE. SECTION 1. License required. 2. License; expiration, and charge. SECTION 3. Penalty for violating this chapter. License SECTION 1. No person not being an actual and bona required. fide resident of the city of Chicago, having a regular place of business therein, and subject to pay a tax to the United States government as a wholesale or retail dealer in said city, shall sell by sample, without a license, or offer or con tract by sample, to any person or persons within the limits of said city, any goods, wares or merchandise whatever, except agricultural products, provisions, and articles manu factured within the limits of the State of Illinois.' License. SEC. 2. The mayor of said city is hereby authorized to grant to any person a license under his hand, and attested by the clerk and the seal of said city, to sell by sample in said city, goods, wares and merchandise. Such licenses Expire. shall expire on the first day of July in each year; and any Charge. person receiving such license shall pay therefor the sum of one hundred dollars. Penalty. SEC. 3. Any person who shall violate any of the pro visions of this chapter, shall be fined for each violation thereof a sum not less than one hundred dollars and not more than five hundred dollars. 320 [0- - REVISED, ORDINANCE. I 38.] SCAVENGERS CHAPTER XXXVIII. SCAVENGERS. 321 SECTION 1. Board of police to employ scavengers. 2. To give notice to have garbage, etc., ready for. 3. Penalty for neglect so to do. 4. Night scavengers defined; license required; bond; charge; expira tion. 5. Regulations for night scavengers. SECTION 6. Owners, etc., cleaning privies without scavenger, how and when permit ted. 7. Fees of night scavenger; duty to complete work, etc. 8. Penalty for violation of this chapter. 9. Offensive privy; proceedings; pen alty; expense. SECTION 1. The board of police are hereby authorized Boardof police to to employ, from time to time, as many scavengers as they employ. may deem necessary, upon such terms and with such appliances and conveyances as they may deem expedient, and to make, from time to time, such rules and regulations for the conduct of such scavengers as they may deem necessary. AEC. 2. The board of police shall cause a printed notice hetice to have to be left at each and every hotel, tavern, eating-house, and garbage ready. dwelling-house, in the city, stating that a scavenger will call for offal, garbage, swill (and, on improved streets, ashes,) at certain times mentioned in the notice, and requir. ing that such offal, garbage, swill, (and, on improved streets, ashes,) be ready in tight tubs, or other suitable vessels, for the scavenger when he calls forFthe same. A copy of the third section of this chapter shall be appended to such notice. SEC. 3. Any person who shall, after notice, neglect or Penalety for neglect. refuse to have the offal, garbage, or swill, upon his or her premises, ready for the scavenger in the manner and at the time mentioned in said notice, shall pay a penalty of five dollars for each and every day such offal, garbage, or swill shall remain on such premises after the same has been called for by the scavenger. SEC. 4. Any person or company who shall engage in the Night scavenger,% business of removing the contents of privy vaults within defined. the city for hire or profit, shall be deemed night scavengers within the meaning hereof. No person or company shall exercise the calling of night scavengers within the city, without first obtaining license in pursuance hereof. The License required. mayor of said city is hereby authorized to license one or 21 32 REYISED ORDINANCE. [CR. Proviso. more night scavengers: Provided, The person applying Bond. therefor shall execute to the city of Chicago a bond, in the sum of five hundred dollars, with ample surety, to be ap proved by the mayor, conditioned, that such night scavengers shall well and truly keep and perform all and every of the provisions and restrictions of this chapter: And Provided, Charge. further, Such night scavenger shall pay, for the use of the city, the sum of seventeen dollars and no other fees. Such Expire. licenses shall each expire on the expiration of one year from the date thereof. ROegulations SEC. 5. Such night scavengers, so licensed, shall each efor night scavengers. provide himself with a team and wagon, with a covered water-tight box, of the capacity of twenty-seven cubic feet, which said box, when filled, shall be deemed a load. Upon each side of said wagon-box shall be painted, in letters and figures, the name and the number of the license, and always upon the top of said box, when said wagon shall be in use, shall be kept, in a conspicuous position, a lig,hted lantern, with the number of the license aforesaid painted upon two of the glass sides thereof, in at least four-inch letters. It shall be the right and duty of such night scavengers,. so licensed, (when requested by any owner, agent or occupant of any privy within the city,) to clean and remove the contents of the vaults thereof, and to deposit and bury the same, at least three feet below the surface of the earth, at such place or places as shall be designated by the written Proviso. permit of the health officer of said city: Provided, No such privy vault shall be opened, nor the contents thereof dis turbed or removed, between the hours of six o'clock A. M. and ten o'clock P. M. of any day, nor shall such contents be deposited or buried within the city, except upon the special permission of the board of police of said city, and in such manner and places as shall be by them directed: Further proviso. And Provided, further, That if any night scavenger shall not bury said contents as above provided, and cover the same so as to prevent any smell arising therefrom, his license shall immediately be forfeited and annulled. Owaners,etc., SEC. 6. Owners, occupants and agents of privy vaults cleaning privie within the city, desiring to clean and remove the contents thereof themselves, without the aid of night scavengers as 322 [CH. REVISED ORDINANCE. 38.] SOAENGE. 33 aforesaid, shall not be allowed so to do except upon the written permission of the health officer of said city, and How and when. then only in such manner as he in said permit shall direct: Provided, Such health officer shall in no case permit any Proviso. privy vault to be opened, or the contents removed, within the hours mentioned in the preceding section; nor shall he allow any deposit of such contents to be buried less than three feet deep, nor within the city, unless the board of police shall first by resolution authorize him so to do: Provided, No delay or refusal of such health officer to Provifo. gralit such permit, or of such board of police to pass such resolution, shall be an excuse or justification to any party for not cleaning any privy vault when directed so to do by the proper officers. SEC. 7. Such night scavengers, so as aforesaid licensed, Fees shall be allowed to charge and receive for each load so by them taken, removed and buried, a sum not exceeding five dollars: Provided, Such-scavenger having undertaken such Duty. work shall speedily and without delay complete the same, in all cases leaving the privy in as good condition upon the vault as when undertaken by him. SEC. 8. Any person without license as aforesaid, who PelnalIty for violation. shall engage in business as night scavenger, or who shall undertake to remove any contents of any privy vault within the city, without license or permit as aforesaid, shall, on conviction thereof, pay a fine of not less than ten dollars nor more than fifty dollars for each offense; and any night scavenger so as aforesaid licensed, or owner, agent or occupant so as aforesaid acting under permit as aforesaid, who shall violate any provision or section, or clause of any provision or section of this chapter, shall, on conviction thereof, pay a fine of not less than five dollars nor more than one hundred dollars, according to the nature of such violation, and shall, in the discretion of the health officer, forfeit his license. SEC. 9. Whenever, in the opinion of the health officer, o,en,ive privy. any privy vault shall be offensive and need cleaning, it shall be his duty to notify the owner, agent or occupant to cleanse the same within a period named in said notice; also, together with said notice, to serve a printed copy of this 38.] 323 SCAVENGERS. 324 REVISED ORDINANCE. [OH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Proceed- chapter. Unless the person so notified shall comply within tings. the time mentioned, it shall be the duty of such officer to cause said vault to be cleaned by one or more of the night scavengers aforesaid; and such person so failing to comply Penalty. Penalty with said notice, shall, on conviction, be fined in a sum not less than twenty dollars nor more than one hundred dollars: Proviso. Provided, That nothing in this section contained shall dis charge the owner, agent or occupant of the premises from any liability otherwise provided, to pay all the expenses of such cleaning. In case no owner or agent can be found in the city, such officer shall cause such offensive vault to be Expense. cleaned, and in either case the expenses shall be collected as in other cases of the removal or abatement of nuisances. CHAPTER XXXIX. SCHOOLS. SECTION 1. Boundaries of school districts defined. 2. Terms of schools; proviso; how to be kept. 8. Board of education to control high school. 4. Free instruction in high school. 5. Qualifications for admissiqp of pupils to high school. 6. Education in high school, of female teachers. SECTION T. Term of attendance for graduating. 8. Several donations and funds named, how to be used. 9. Interest thereof, regulations con cerning. 10. School tax fund, when money to be paid out of 11. Cleansing and other labor from bride well, how to be paid for. .Disricts SECTION 1. The city of Chicago is hereby laid off and divided into school districts, as follows, to wit: Dearborn School. That portion of the south division sit uated north of Jackson street. Jones School. That portion of the south division situated between Jackson street on the north, and Peck court and Polk street on the south. Scamrnton School. That portion of the west division com mencing on Fulton street at the river, thence following Fulton street to Green, Green street to Adams, Adams street to the river, and bounded on the east by the river. Kinzie School. That portion of the north division bound ed on the west by the river, on the south by the river to Dearborn street, thence following Dearborn street to Ohio, Ohio street to Clark, Clark street to Huron, Huron street to [c.a. 324 REVISED ORDINANCE. I 39.] SCHOOLS. 325 Wells, Wells street to Chicago avenue, and Chicago avenue to the river. Franklin School. That portion of the north division bounded on the west by the river from Haines street to Chicago avenue, thence following Chicago avenue to Wells street, Wells street to Oak, Oak street to Clark, Clark street to Elm, Elm street to the lake, following the lake to Schiller street, Schiller street to Larrabee, Larrabee street to Division, Division street to Crosby, Crosby street to Haines, and Hiaines street to the river. Washington School. That portion of the west division beginning on Fulton street at the river, thence following Fulton street to Ann, Ann street to Kinzie, Kinzie street to Noble, Noble street to Chicago avenue, Chicago avenue to Milwaukee avenue, Milwaukee avenue to Elston street, Elston street to the river, and the river to the place of beginning. Moseley School. That portion of the south division situated between Eighteenth street and Thirty-first street, and east of Dyer avenue. Brown School. That portion of the west division bounded on the west by the city limits from Taylor street to Kinzie street, thence following Kinzie street to Ann, Ann street to Fulton, Fulton street to May, May street to Randolph, Randolph street to Ann, Ann street to Madison, Madison street to Loomis, Loomis street to Taylor, and Taylor street to the city limits. Foster School. That portion of the west division bounded on the east and south by the river, on the west by the city limits from the river to Taylor street, thence following Taylor street to Blue Island avenue, Blue Island avenue to Polk street, and Polk street to the river. Ogden School. That portion of the north division bounded on the east by the lake, on the south by the river from, the lake to Dearborn street, thence following Dearborn street to Ohio, Ohio street to Clark, Clark street to Huron, Huron street to Wells, Wells street to Oak, Oak street to Clark, Clark street to Elm, and Elm street to the lake. Newberry School. That portion of the north and west divisions bounded on the east by the lake from Schiller 39.1 325 SCHOOLS. 326 REVISED ORDIACE. [CII. street to the city limits, on the north by the city limits from the lake to Wheeling avenue, thence following Wheeling avenue to North avenue, North avenue to Elston street, Elston street to Hiine street, Hiine street to the river, the river to Haines street, Hiaines street to Crosby, Crosby street to Division, Division street to Larrabee, Larrabee street to Schiller, and Schiller street to the lake. School No. 12. That portion of the west division bounded on the east by the river from Elston street to North avenue, thence following North avenue to the city limits, on the west by the city limits from North avenue to Kinzie street, thence following Kinzie street to Noble, Noble street to Chicago avenue, Chicago avenue to Milwaukee avenue, Milwaukee avenue to Elston street, and Elston street to the river. Skinner School. That portion of the west division bound ed on the east by the river from Polk street to Adams, thence following Adams street to Green, Green street to Fulton, Fulton street to May, May street to Randolph, Ran dolph street to Ann, Ann street to Madison, Madison street to Loomis, Loomis street to Taylor, Taylor street to Blue Island avenue, Blue Island avenue to Polk street, and Polk street to the river. Haven School. All that portion of the south division situated between Peck court and Polk street on the north, and Eighteenth street on the south. South Chicago School. All that portion of the south division lying south of Thirty-first street, and east of Dyer avenue. Bridgeport School. Bounded on the north by the river from the city limits to Dyer avenue, thence following Dyer avenue south to the city limits, and on the south and west by the city limits. Holstein School. All that portion of the west division lying north of North avenue, and west of Wheeling avenue. Terms. SEC. 2. The terms of the district schools shall commence on the first Monday of September, the second day of Jan uary, and the Monday after the first Fridav of May, and close on the twenty-fourth day of December, two weeks before the first Friday of May, and on the first Friday of [Cli. '326 REVISED ORDTNANCE. 39.] ScHOOLS. 327 July: Provided, That when the second day of January Provio. occurs later than Wednesday, then the schools shall not commence till the following Monday, and when the fourth day of July occurs later than Wednesday, the schools shall close on the third day of July. The schools shall be con- How kept. tinued five days in each week, at and during such hours, both forenoon and afternoon, as the board of education shall direct. SEC. 3. The board of education shall have the same Board of education control of the high school established for the improvement ccontrol high school. of the system of public schools now existing in this city, that it has of the other public schools; and it shall be the duty of the board to employ a principal and such other teachers as they may deem necessary and expedient, and prescribe rules for the discipline and instruction of the school, what studies shall be pursued, and what books and apparatus shall be used. SEC. 4. Free instruction shall be given to all pupils who Freeo instruction. may attend said high school, subject to the rules and regulations prescribed by the board of education. SEc. 5. Pupils shall not be admitted to the general de- Qunalsf,ca tions of partment of said high school until they are thirteen years pupils. of age, nor to the normal department until sixteen years of age, and shall have sustained an examination upon those studies ptursued in the district schools, to the approval of the superintendent of public schools and a committee to be appointed by the board of education. SEC. 6. There shall be a department in the high school Education of teachers. expressly for the qualification of female teachers, which shall be styled the " normal department." Graduates of this department shall have preference, other things being equal, in the appointment of teachers for the district schools. SEC. 7. The term of attendance upon the high school gerduftingr necessary for graduation shall be, in the normal department, two years; general and classical department, four years. SEC. 8. The donation of one thousand dollars, and the Donations. bequest of ten thousand dollars, made by Flavel Moseley, accepted and denominated "The Moseley Public School Fund;" and the donation of one thousand dollars made by John E. Foster, accepted and denominated "The Foster 39.] 327 SCHOOLS. 328 REVISED ORDINANCE. [ou.~~~~~~~~~~~~~~~~~~~~~~~~~~~~ fvarious Medal Fund;" and the donation of one thousand dollars funds named. made by William Jones, accepted and denominated "The Jones Fund for the benefit of the Jones School;" and the donation of one thousand dollars made by Walter L. New berry, accepted and denominated "The Newberry Fund for the benefit of the Newberry School;" together with any donations that have been or may be made thereto, shall constitute a part of the school fund of the city, and shall aow used. be loaned upon the same terms and at the same rate of Proviso. interest as other school funds are loaned: Provided, That a separate account shall be kept with said funds, and dis bursed according to the provisions established by said donors respectively, under the direction of the board of education, upon whose order only the school agent shall be authorized to pay out said funds. Interest, SEC. 9. In case any part of the interest arising from the how used. loan of said funds be unexpended at the close of any muni cipal year, the same may be added to the principal, or ex pended in the purchase of books for the libraries of the pub lic schools, and philosophical and mathematical apparatus for the use of such schools, unless contrary to the provisions established by the donors, in the discretion of said board of education, and no other appropriation of said funds shall ever be made, except by order of the common council and board of education, and with the written consent of the donor or donors, or their legal representatives, which consent shall be placed upon file in the clerk's office. School tax SEc. 10. The comptroller shall pay no money out of the fund, money out of. school tax fund, for improvements or repairs to any school premises, unless such improvements or repairs were pre viously ordered by him upon the certificate of the board of education, that such improvements or repairs were neces sary; nor unless the board of education shall subsequently approve the bills. Nor shall he pay out of that fund any money for supplies of any kind, unless he shall have pur chased them subsequent to a certificate of the board, that such supplies were necessary, nor unless the board shall approve of the bills after his purchase. Laborfrom SEC. 11. Such labor as may be required in cleansing bridewell. hoeor f o e reui cls school-houses, or for other purposes for the public schools, 328 [CH. REVISED ORDINANCE. 40.] SEAL. 329 as can be supplied from the bridewell, shall be so supplied, and paid for out of the school tax fund, to the credit of the bridewell, at a reasonable price to be fixed by the mayor, froyment or in default of his so doing, by the comptroller. CHAPTER XL. SEAL. SEOTION 1. City seal established and described. SECTION 1. The seal heretofore provided and used by Deionscrlp Ytion, and for the city of Chicago-(the impression on which is a representation of a shield, with a sheaf of wheat in the centre; a ship in full sail on the right; a sleeping infant on the top; an Indian with bow and arrow on the left; and with the motto, " Urbs in Horto," at the bottom of the shield; with the inscription, " City of Chicago: Incorporated 4th March, 1837," around the outer edge of said seal; which seal, represented as aforesaid, is hereunto annexed)-shall be, and is hereby established and declared to have been and now to be the seal of the city of Chicago. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~II I - -/ 40.] 329 SEAL. 330 REVISED ORDINANOR. LOH. CHAPTER XLI. SEWERS AND DRAINS. S ECTI ON 1. Notices of laying pipe, sewer or drain, or of same being exposed to injury; liability for damages. 2. Uncovering, etc., sewers, etc., with out consent of board of public works; penalty. 8. Connecting, etc., with, without per mit; penalty. 4. Laying, etc., not being licensed; pen alty. SECTION 5. Drains, etc., to conform to orders of board; penalty. 6. Depositing substances in sewers, etc.; penalty. 7. Board of public works, and agents, access to premises; penalty for re fusing. 8. Injuring sewers, etc.; penalty. Notice of SECTION 1. The board of public works and the Chicago laying pipe, dsewIer or gas light and coke company, as to the south and north drain. divisions of the city of Chicago, and the board of public works and the People's gas light and coke company, as to the west division of the city of Chicago, shall not lay down any pipes, sewer or drain in any of the streets, alleys, lanes or public ways of this city without giving to each other written notice of at least ten days, prior to the commence ment of such work, of their intention to lay down such pipe, sewer or drain, together with either an accurate plan or clear description of the same; and it shall be the duty of the parties receiving such notice to acknowledge the same Damages. in writing forthwith. In case any damages or expense shall be caused in consequence of a default or neglect to give such notice, such damage or expense shall be paid by the .ioptiee ofer party so in default. In all cases of repairs or alterations by or drain either of the said parties, by which repairs or alterations any being exposed. pipe, sewer or drain belonging to or under the charge or supervision of either of said parties, shall be uncovered, undermined, or in any way exposed to injury, the party making such repairs or alterations shall give immediate notice of the same to the party in charge of such pipe, sewer Damages. or drain, as may be affected thereby; and any party failing to give such notice, shall be liable for all injuries, damages and repairs resulting from such want of notice. Uncovering Sc.2 Unsoering SEC. 2. Any person who shall uncover, excavate under witbout cwothsent. or around the brick or pipe sewers laid in this city, for any purpose whatever, without the written consent of said board, shall be subject to a fine of not less than ten dollars and CHa. 330 REVISED ORDINANC E. 41. SEESADDRIS not exceeding fifty dollars; the person or persons by whom Penalty. the work is done, and their employers, shall be deemed guilty of a violation of this section. SEC. 3. Any person who shall make any connection with Connecting with sewers or opening into the brick or pipe sewers laid in this city, without permit. without having first obtained a written permit in each case from the said board, shall be subject to a fine of not less Penalty than ten dollars and not exceeding fifty dollars, which fine shall be recoverable against the owner of the property in which such drain is made, or against the person or persons making the same or causing the same to be made, or their employers. SEC. 4. Any person who shall lay, alter or disturb any Laying, etc., drains, etc., part of a house drain or drains, catch-basin or strainer of wictehnuet license. said drain or drains, cess-pool or water closet, connected with any brick or pipe sewer belonging to said city, without being duly licensed to perform the same by said board. shall be subject to a fine of not less than ten dollars and not exceed- Penalty. ing fifty dollars for each offense, which shall be recoverable against the person or persons performing the work, or their employers. SEC. 5. It shall be the duty of any person or persons Drains, etc., to conform constructing or using any prixate drain, sewer, cesspool, to orders of board. water closet pipe, or other pipe connecting with or emptying into any brick or pipe drain or sewer belonging to said city, to construct and use the same strictly in conformity with the orders and directions of the said board, which orders and directions shall be given in writing for such purpose; and any person who shall construct or use, or cause to be constructed or used, any such drain, sewer, cess-pool or water closet pipe in a different manner from that so ordered and directed by said board, or in violation of the orders of said board, shall be subject to a fine not exceeding fifty dollars, Penalty. which shall be recoverable against the'person or persons so constructing or using the said sewer, drain or pipe, or their employers, and the owner of the lot or lots, or premises, in which said work is constructed or used, shall be deemed and considered as authorizing such construction or use, and liable to such penalty. SEC. 6. Any owner or occupant of premi,cs,who shall Obstructing. 41.] 331 SEWERS AND DRAINS. 332 REVISED ORDI~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ANOE. [OH.~~~~~~~~~~~~~~: deposit or cause to be deposited any substance, such as gar bage, grease, rags, sand, earth, or such other substances as said board may find it necessary to exclude in any of said sewers, pipes, or house drains, gullies or catch-basins con nected with said sewers, or allow any such substance to flow into the same, in such manner as to obstruct or tend to Penalty. obstruct the same, shall be liable to a penalty of not less than five dollars and not exceeding fifty dollars for each offense, and shall be liable for all expenses incurred on account of removing said obstructions. Board, etc., SEc. 7. The said board and their authorized agents shall access to premises. have free and unobstructed access to any part of the prem ises where house drains, cess-pools; or water closets, connected with or draining into said sewers, are laid, for the purpose of examining the construction, condition and usage of the same, and making necessary alterations or repairs, at any time of the day between the hours of seven o'clock A. M. and six o'clock P. M.; and any owner, occupant or other person refusing to allow any officer or agent of said board access to any premises for such purposes, shall be liable Penalty. to a fine of not less than five dollars nor exceeding fifty dollars. Iejuerisget. SEC. 8. Any person who shall willfully or maliciously damage, injure or obstruct any sewer or house drain, cess pool or water closet pipe, laid or constructed under the Penalty. direction of the said board, shall be liable to a penalty of not less than ten dollars nor exceeding one hundred dollars, and to imprisonment not exceeding ninety days, and to pay all expenses incurred on account of repairs and damages arising from the same. CHIIAPTER XLII. SHOWS. SECTION 1. License required; proviso. 2. How obtained. 8. What to contain; subject to all ordi nances good order to be kept. 4 Penalty for violating foregoing pro visions. SEOTION 5. Proviso against gaming, etc.; pro ceeding in case of breach; penalty for gaming, etc. 6. No concerts or exhibitions in, or through saloons or groceries; pen alty. [Cie. 332 REVISED ORDINANCE. 42.] SHOWS. 333 SECTION 1. It shall not be lawful for any person or Lienioe y ~~~~required. persons to own, conduct or manage, for gain, within the city, any theater, circus, caravan or other exhibition, show or amusement; or exhibit any natural or artificial curiosities, or panoramic or other show or device of any kind; or give any concert or musical entertainment, without a license: Provided, That, for musical parties or concerts, and exhibi- Proviso. tions of paintings or statuary, given or made by citizens of this city, no license shall be required. SEC. 2. Licenses shall be granted by the common council How obtained. or by the mayor, as hereinafter provided, upon application therefor under the provisions hereof, for any of the purposes aforesaid, upon the payment into the treasury of such sum of money as the common council shall determine in each particular case: Provided, That if a meeting of the common council shall not intervene between the time of application for a license and the time of performance or exhibition, in that case the mayor is hereby authorized to determine the sum of money to be paid therefor; but not less than five dollars shall be fixed in any case, nor shall any license so granted continue in force beyond the next session of the common council. SEC. 3. All licenses issued under the provisions hereof Requisites of. shall specify the object and length of time for which the same shall have been respectively granted. The clerk shall register every license so issued, in the license register. Licenses granted under the provisions hereof, shall at all times be subject to the ordinances of the city existing when Subject to ordinances. issued, or subsequently passed. It shall be the duty of the person licensed to keep good order about his place of exhi- Good order. bition or amusement, and for that purpose to keep at his own expense a sufficient police force. SEC. 4. If any person shall violate, or aid or assist in Penalty for violation. the violation of any of the foregoing provisions, or neglect or refuse to conform thereto, he shall be subject to a fine of not less than thirty dollars and not exceeding one hundred dollars, for every such violation; and to a revocation of his license, at the pleasure of the council. SEC. 5. All licenses granted by the mayor or common Proviso counci ofteaga inst council of the city of Chicago, for exhibitions, musical enter- gaming, etc. 42.] 333 SHOWS. 334 REVISED ORDINANCE. [on. tainments, circuses, theatrical performances, panoramas, and all other shows and exhibitions where license is required, shall contain a proviso that no gaming, raffle, lottery or chance gift distribution of money or articles of value shall be connected therewith or allowed by the person obtaining said license, or in anywise permitted or held out as an Proceedings inducement to visitors; and when any person or persons for breach. shall be charged by a credible person with having violated the provision of his or her license, as aforesaid, the mayor of the city is directed to give the parties accused reasonable notice thereof, and inquire into the truth of said charge; and if the accusation be sustained, he shall declare the license of said person or persons forfeited, and revoke the Penalty for gaming, etc. same. And any person or persons, whether licensed or unlicensed, getting up, carrying on, or permitting in any place occupied by them, any gambling, raffle, lottery or chance gift distribution, shall, on conviction, be fined not less than fifty dollars nor more than one hundred dollars. Soconcerts, SEC. 6..-..-NO person or persons shall be allowed to give etc., in or throunght concerts and exhibitions of any kind, in any licensed saloon saloon, etc. or grocery, or in any place the entrance of which shall be through a saloon or grocery, within the city of Chicago, and any person or persons violating the provisions of this Penalty. section, shall be fined ina sum not less than five dollars nor exceeding fifty dollars, and shall have his or her license revoked, in the discretion of the mayor. CHAPTER XLIII. SIDEWALKS. SECTION 1. To be constructed to satisfaction of board of public works; width; curbing. 2. To be built according to grade; pen alty. 8. Neglect to repair sidewalk or drain after notice; penalty. 4. Encroachments upon; penalty. 5. Posts upon; penalty; how to erect hitching posts. 6. How to erect awnings; penalty. 7. How may occupy with goods, etc.; not on Sunday; proviso; penalty. SECTION 8. Same; penalty; proviso; further proviso. 9. Auctions upon; penalty. 10. Fastening horses so as to obstruct; penalty. 11. Crossing with horses, etc.; penalty. 12. Obstructing cross-walks; penalty. 18. Cleaning snow and ice from; penalty. 14. Board of public works to remove ob structions, etc.; expenses; penalty for interference. 15. Curbing to be supported; raised to grade with street. [CH. 334 REVISED ORDINANCE. 43.] SIDEWALKS. 335 SECTION 1. All sidewalks which may be ordered by "t't the common council, shall be constructed under the super intendence, and to the satisfaction, of the board of public works; and shall be of the width herein specified, unless a different width shall be specified in the order, to wit: On streets eighty feet and upwards in width, sixteen feet; on Width of curbing. streets sixty-six feet, and under eighty feet in width, fourteen feet; on streets fifty feet, and under sixty-six feet in width, twelve feet; and on streets less than fifty feet in width, nine feet. When built of full width, a substantial curbing of stone or white oak plank, not less than three inches in thickness, well tied in, shall be laid on the outer edge of the sidewalk. SEC. 2. The grade for sidewalks shall be given in the Built according several divisions, by the board of public works, until a to grade. permanent grade shall be established by the common coun cil. If any person shall build or assist in building any sidewalk, where no grade has been established, without first obtaining a grade therefor from the board of public works, or contrary to any grade which may be obtained from said board, or shall build or assist in building any sidewalk contrary to any grade which may be established by the common council, or contrary to any of the provisions of this chapter, he shall, in either case, be subject to a penalty Penalty. of ten dollars for every offense, and to a like penalty for every day he shall fail to remove or reconstruct the same, after notice by the board of public works to move or re construct the same. SEc. 3. Whenever the owner or occupant of real estate Notice to repair. in said city shall be required and notified by the board of public works, pursuant to the provisions of section twentyeight (28) of chapter seven (7) of the Revised Charter of 1863, to repair any sidewalk, or to repair or cleanse any private drain in front of, adjacent to, or upon any premises owned or occupied by him, it shall be the duty of such owner or occupant to cause the said improvement to be made in the manner and within the time prescribed by said board. If any such owner or occupant shall neglect or Penalty. refuse to comply with any such requirement, he shall be 43.] 335 SIDEWALKS. 336 RVI5ED ORDINANCE. [OH. subject to a penalty of not less than one dollar nor more than ten dollars for each day's neglect. Encroach- SEC. 4. No porch, gallery, stoop, steps, cellar door, stair ments. railing or platform, erected or to be erected within the city, shall be allowed to extend into or upon any sidewalk, where the street is less than eighty feet in width, more than four feet, nor more than five feet where the street is eighty feet and upwards in width. No bow window or other window shall extend into any sidewalk more than fourteen inches, nor shall any cellar door rise or project above the surface of the sidewalk more than one inch at the outer side, nor more than three inches near the store or other building, nor shall the hinges thereof, or any other thing connected therewith, project or rise above the door; nor shall any staple, lock or other fastening be placed on the Penalty. upper side thereof; under a penalty of five dollars for each offense, to every person violating any provision of this sec tion, and a like penalty for every day such violation shall continue after the lapse of three days after notice from the board of public works to remove the same. Posts. SEC. 5. No sign or other post, except awning posts, as hereinafter provided, shall be erected or placed, or if here tofore erected or placed, shall be permitted to remain in or upon any sidewalk or street, or other public way, under a Penaty. penalty of five dollars, and a like penalty for every day such post shall be allowed to remain after notice to the owner or occupant of the premises, from the board of public works, to remove the same. But nothing herein contained shall prevent the erection of one, and not to exceed two, posts in front of each building for the purpose of hitching How to horses. Every such post so erected shall, if of wood, be erect hitching not less than four inches in diameter, and not to exceed posts. four feet in height, and placed on a line within the outer edge or curb of the sidewalk. How to SEC. 6. Alt awnings in such portions of the streets of erect awnings. the city of Chicago as are, or hereafter may be, lighted by public lamps, shall be covered with cloth, leather or other light and pliable substance, and securely attached to the building, and properly supported, without posts, by iron or other metallic fastenings and supports, and shall be elevated [CH. 336 RF,VISED ORDINANCE. 43.] SI') WALKS. 33 at least eight feet.at the lowest part thereof, above the top of the sidewalk, and shall not project over the sidewalk to exceed three-fourths of the width thereof, so as to leave the sidewalk wholly unobstructed thereby; and no such awning shall be erected or repaired, either wholly or in part, of wood. All other awnings shall be elevated, in the lowest part thereof, at least eight feet above the top of the sidewalk, and may be supported by a rail placed on posts erected on the outer edge of the sidewalk. Any person who shall erect any awning contrary to the provisions hereof, or refuse or neglect forthwith to remove any awning or awning posts, heretofore or hereafter erected, contrary to the provisions hereof, shall be subject to a penalty of five Penalty. dollars for every offense, and to a further penalty of five dollars for every day he shall fail to comply with a notice, after a lapse of three days from the service thereof, from the board of public works, to remove the same. SEC. 7. No clothing, goods, merchandise, wares, signs, lowpmieas*b occupied boxes, or other article or thing, shall be placed in front of withgoods, etc. any store, shop or other place in said city, on or above the sidewalk, or in or upon any alley, so as to occupy more than three feet next to the buildings or premises on such sidewalk or alley, or of the space above the sidewalk or alley, and such articles or things as may be placed on the sidewalk shall not be more than three feet high above the top of the sidewalk, and the articles or things that may be hung out or placed above the sidewalk shall be so placed or hung that the lowest part of such articles or things shall be at least seven feet and six inches above the top of the sidewalk, and shall not swing more than three feet from the building. No such article or thing shall be permitted to Night and remain on any sidewalk or alley after ten o'clock at night, Sunday. or on Sunday; nor shall any owner or occupant of any lot or premises lease the space aforesaid, or permit or allow the same to be used or occupied, except for his or their own business; nor shall said space be used for selling any article or thing whatever: Provided, That the occupants Proviso. of buildings, on streets where the sidewalks are sixteen feet or more in width, be permitted to occupy five feet next the line of building, and on streets where the sidewalks are 22 43.] 337 SIDEWALKS. 38 REVISED ORDINANCE. [OH. twelve feet and less than sixteen feet in.width, such occu pants be permitted to occupy four feet next the line of building, at all times, for the display or storage of goods, so placed as to be not more than five feet above the level Penalty. of the sidewalk. Any person violating the provisions of this section shall suffer a penalty of five dollars for each offense, and a like penalty of five dollars for every forty eight hours the same shall remain, after being requested to remove the same by any city officer. Same. SEC. 8. No person or persons receiving or delivering goods, wares or merchandise, in said city, shall place or keep upon, or suffer to be placed or kept upon any sidewalk in said city, any goods, wares or merchandise which he or they may be receiving or delivering, without leaving a passage way clear upon such sidewalk where such goods may be, of six feet wide, for the use of foot passengers; and no person or persons receiving or delivering such goods shall suffer the same to be or remain on such sidewalk (subject, nevertheless, to the foregoing restrictions,) for a Penalty. longer period than twenty-four hours; and any person or persons violating any of the provisions of this section, shall forfeit and pay to said city a sum of not less than three dollars nor more thai ten dollars, and shall be subject to a like penalty for each hour the said goods, or any part thereof, shall remain as aforesaid, after notice to remove Proviso. the same: Provided; That the board of public works is hereby authorized to grant permits to owners of manufac turing establishments, to occupy the outer edge of the side walk and space over the gutter fronting their premises, for the placing thereon such articles and things as may be Proviso. necessary in their business: Provided, There shall always be a space of at least eight feet wide, left free and clear along the centre of such sidewalk, and that such permit shall terminate absolutely upon notice from the board of public works or common council. Auctions SEC. 9. Any person or persons, whether licensed as an upon. auctioneer or not, who shall sell or attempt to sell, or shall cry for sale, at public auction in the city of Chicago, any goods, chattels or personal property whatever, to any person or persons, upon the sidewalks or streets within the said gas [C]EI. REVISED ORDINANCE. 43. SIEAKS city, so as to collect a crowd of people upon the said side walks and streets, whereby the free passage thereof of any person or persons is prevented or hindered, shall be deemed Penalty. guilty of a nuisance, and of obstructing the said sidewalks or streets, and shall be severally subject to a fine of ten dollars. SEC. 10. No person shall at any time fasten any horse Fastening or horses, in such a way that the horse, vehicle, reins or lines shall be an obstacle to the free use of the sidewalk, under a penalty of one dollar for each offense, and the per son in whose possession or use such horse or horses shall then be, shall be deemed the offender, unless he can prove Penalty. the contrary to the satisfaction of the magistrate before whom he shall be prosecuted. SEc. 11. No person or persons shall push or draw back Crossing with horses, any horse, wagon, cart or other vehicle, over any sidewalk, etc. or use, ride or drive any horse, wagon, sled or sleigh there on, unless it be in crossing the same to go into a yard or lot, where no other suitable crossing or means of access is pro vided, under the penalty of not less than one dollar nor Penalty. more than ten dollars for each offense. SEC. 12. All cross-walks in the city shall be kept and Obstructing crosswalks. reserved free from any sleighs, wagons, carts or carriages, and horses or other animals being placed or suffered to stand thereon, except so far as may be necessary in crossing the same; and the owner or driver of any sleigh, wagon, cart or other carriage, or horse or other animal, offending Penalty. herein, shall forfeit and pay a penalty of three dollars. SEC. 13. The occupant, or owner if there be no occu- Clearing from snow,, pant, of each and every tenement, building or lot, in the andice. city of Chicago, fronting upon any street the sidewalk of which shall be of plank, stone or brick, shall clear the sidewalk in front of such tenement, building or lot, of snow and ice, by nine o'clock in the forenoon of each day, and keep the same clear of such snow and ice, under a penalty Penalty. of two dollars for a failure so to do, and the like penalty Of two dollars for every twelve hours such sidewalk shall remain incumbered with snow or ice, after notice thereof to such occupant or owner from or by any offcer of said city. 43.] 339 SIDEWALKS. 340 REVIS]D ORDINANOE. [OH. Board of SEC. 14. The board of public works is authorized to public works to cause any obstruction, encroachment, article or thing, which remo ve obstrus- may be in violation of the provisions of this chapter, to be ticns, removed within a reasonable time after notice served upon the owner, agent or person in possession of the premises where such violation occurs, or in case the owner, agent or person in possession cannot be found, then by posting such notice upon the premises or sidewalk in front thereof, and the owner, agent or party causing such violation shall pay Expenses. all expenses and costs of such removal, in addition to the PnearltYr for penalties aforesaid And any person who shall wrongfully interfeor-si ence. interfere with such removal, shall suffer a penalty of not less than ten dollars nor more than one hundred dollars, and may be imprisoned in the bridewell not exceeding thirty days, in the discretion of the court or magistrate be fore whom such person may be convicted. Curbing SEC. 15. Where any streets are filled to the established to be supported. grade, or filled to a grade requiring curbstone to be set on the line of sidewalk, it shall be the duty of the board of public works or person in charge of such filling, to deposit sufficient earth or other material on the sidewalk of such streets, to back up and permanently hold the curbstone; and they may use and obstruct the sidewalks to any extent Raising to necessary for that purpose. And where any street or porgrade. tion of street shall be raised to the grade established by the common council, and curbed, or area walls constructed on the curb line of such street or portion of street, the report, order or resolution, directing such improvement, shall be deemed to embrace and include the raising of the sidewalk to such established grade, whether expressed in such report, -order or resolution, or not. CHAPTER XLIV. SPIRITUOUS LIQUORS. SmcION EOcTION 1. License; bond and condition; 8. Revocation; posting; penalty fornot charge; expiration. posting license, or posting counter 2. Transfer; register; date; take effect feit only when issued or transferred. 4. Penalty for dealing without license; proviso as to druggists. [CIFI. 340 REVISED ORDINANCE. 9 0 6 44]8IIUUSLQOS 4 SECTION 1. The mayor is hereby authorized to grant Licen8e. license for the sale of spirituous, vinous and fermented liquors to any person who shall apply therefor to him in writing, upon such person executing to the city of Chicago Bond. a bond, with at least two sureties, to be approved by the mayor, in the penal sum of five hundred dollars, condi-Con'ltlo,, of bond. tioned that the party so licensed shall faithfully observe and keep all ordinances heretofore passed or to be passed during the period of such license; and that he will not keep open his bar or place for the sale of such liquors, nor sell, give away or in any manner deal in, by himself, servant or any other person, any spirituous, vinous or mixed, fermented or intoxicating liquors upon Sunday; and that he will prohibit all gaming, with or without betting, by means of any cards, dominoes, dice or other articles of luck or chance; and paying for the use of the city fifty-two dollars, and charge. no other fees. On compliance with these requirements, a license shall be issued to the applicant under the corporate seal, signed by the mayor and countersigned by the clerk, which shall authorize the person or persons therein named to sell, barter, give away and deliver wines and other liquors, whether vinous, ardent or fermented, in quantities less than one gallon, in the placedesignated in the application: Provided, All licenses issued in pursuance hereof Expire. shall expire on the first day of July in each year. SEa 2. No license shall be transferable without the Transfer. permission of the mayor of said city. The clerk shall keep a license register, in which shall be entered the name of Register. the person or persons licensed, the place of business, the date of the license, and the time the same will expire. The license shall be dated as of the day of application. No person shall be deemed to be duly licensed to whom a license has not been actually issued or transferred as aforesaid. SEC. 3. Any license so granted may be revoked upon e,voctlon. written notice by the mayor, whenever it shall appear to his satisfaction that the party so licensed shall have violated any provision of any ordinance of the common council relating to spirituous liquors, or any condition of the bond aforesaid. Any and all persons licensed under this chapter 341 44.] SPIRIT'UO'US LIQUORS. 342' REVISED ORDINAOE. [OH. or any ordinance of the city for the sale of liquors, shall Posting. immediately cause to be and remain posted upon some conspicuous part of the room or bar kept or used for such purpose, his or their license. Any person so licensed, who shall not cause such license to be and remain posted as aforesaid, or who, not being so licensed, shall cause or permit any paper or document purporting to be a license, Penalty. to be or remain posted as aforesaid, shall, on conviction, be fined in a sum not exceeding twenty dollars. Penalty for SEC. 4. Any person who shall hereafter have or keep dealing lwicthnoseut any tavern, grocery, ordinary, victualing or other house or place within the city, for the selling, giving away, or in any manner dealing in any vinous, spirituous, ardent, intoxicat ing or fermented liquors, in quantities less than one gallon; or who, by himself, his agent or servant, shall sell, give away or in any manner deal in any vinous, spirituous, ardent or fermented liquors, in less quantity than one gallon, without a license for that purpose in pursuance hereof, shall, upon conviction thereof, be subject to a fine of not less than ten dollars nor more than one hundred dollars: Provide, Proviso as That druggists or persons whose chief business is to sell to druggists. drugs and medicines, shall not be deemed to be within the - provisions hereof in selling quantities less than as aforesaid, for purposes purely medicinal, mechanical or sacramental; and in all cases of conviction under this chapter, the court or magistrate shall have power, in its discretion, to sentence the offender to imprisonment in the bridewell or county jail for a period not exceeding two months, in addition to the penalty. CHAPTER XLV. STREETS. SECTION 1. Names and numbering. 2. Board of public works to assign num bers; maps and records; no num ber to be affixed without certificate from board. 8. Charge for certificate. 4. Size of, and place for, numbers. 5. Penalty for not numbering, under foregoing provisions. 6. Same. S EcTION 7. Incumbering, etc., streets, wharves, etc.; penalty. 8. Removal of obstructions; penalty and cost. 9. Thing removed may, unless re claimed, be sold; disposition of proceeds. 10. wagons, etc., without horses, etc., on streets; penalty; proviso. ,i42, [OH. REVISED ORDINANCE. 45.] STREETS. 343 SECTION SCOTION 11. Removing building along street, etc., 17. Charge by board of public works for without permit; penalty. permits. 12. Building remaining longer than per- 18. Street taken up, to be repaired, etc.; mit; penalty penalty. 18. Erecting building upon street, etc.; 19. Ashes, rubbish, etc., in streets; pen penalty. alty. 14. Owner to remove building, etc., after 20. Injuring pavement, etc., obstructing notice; penalty. public work, etc.; penalty. 15. Proceedings in case of neglect; ex- 21. Fastening animals to, or injuring pense; penalty for resisting. fences, trees, etc.; penalty. 16. Obstructions by teams, etc.; direc tions by officer; penalty for diso beying. SECTION 1. The several streets, avenues and places of Names the city of Chicago, shall hereafter be known and designated by the names applied thereto respectively on the map of the city of Chicago, published by Mr. J. Van Vechten in the year 1863, except as follows, to wit: The name of Josephine street is changed to Seeley street. And it is hereby made the duty of the owners or occupants of all Numbering. buildings situated in the city of Chicago, to number them in the manner hereinafter provided. SEC. 2. The board of public works shall assign a num- Board of public ber to each lot or part of lot fronting on any street, avenue works to assign or public place of said city; said streets, avenues and public numbers. places being numbered progressively, and, where practicable, so that the odd number shall be on one side and the even number on the other side of each street, and so that there shall be a number for every twenty or twenty-five feet of land fronting on any street, or as near thereto as conveniently may be, and the record of such numbering in the books of said board shall be evidence of the respective numbers or designations aforesaid. Said board shall pre- ms aErand records. pare the necessary maps and records of the numbers to be assigned to all lots situated in the city of Chicago, as above described, and no owner or other person shall affix a street number to a building in said city, without having first oT number without obtained from said board a certificate designating the certificate from board. number assigned to the lot on which such building is situated. SEC. 3. The board of public works, to provide for the Chratrg or cetfcate. expenses of mapping the city and assigning the street num-bers to the lots therein, are hereby authorized and directed to require payment for the certificates to be issued according to the foregoing section, at the rate of fifty cents for each number designated by said certificates. 4.5.] 343 STRF,ETS. 34 REIE RiAG.[H Siae oforand SEC. 4- Each of the figures of every number shall be place for, numbers. not less than three inches in length, being so marked as to be distinct and easily read. Said numbers shall be placed in a conspicuous place on the side of or above the front door of the buildings to which the same are attached. Penalty fbor SEc. 5. Any person being the owner or occupant of any not numbering, ounder building now erected in the city of Chicago, who, after being foregoing provisions. notified by the board of public works that the street num bers are on record at their office, shall for thirty days neglect or refuse to number any buildings owned or occupied by him, in conformity with the provisions of this chapter, or who shall number such building without having first ob tained from the board of public works a certificate designat ing the proper number of such building, shall be subject to a penalty of five dollars, and a further penalty of five dol lars for every thirty days thereafter that he shall neglect or refuse to number said building, or shall maintain thereon a number without having first obtained from said board said certificate, and a sufficient notice by said board to all owners or occupants that the street numbers are on record at their office, shall be an advertisement to such effect in the cor poration newspaper, to be inserted for three days. Same. SEC. 6. Any owner or occupant of any building here after erected in the city of Chicago, who shall for thirty days after the same shall be erected, neglect or refuse to number said building according to the provisions of this chapter, or who shall number said building without having first obtained from said board a certificate designating the proper number, shall be subject to a penalty of five dollars, and a further penalty of five dollars for every thirty days thereafter that said building shall be without its number according to the provisions of this chapter, or shall have a number thereon without said certificate having first been obtained from said board. Obstructing SEC. 7. Any person who shall incumber or obstruct, or without permit. cause to be incumbered or obstructed, any street, alley, public landing, wharf or pier, or other public place in said city, by placing therein or thereon any building materials, or any article or thing whatsoever, without having first obtained written permission from the board of public works, 344 [CH. REVISED ORDINANCE. 45.] STREETS. 345~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ shall be subject to a penalty of not less than five dollars nor Penalty. more than fifty dollars for each offense, and a further penalty of ten dollars for each day or part of a day such incum brance or obstruction shall continue. SEc. 8. The board of police, the mayor, any alderman, Removal of obstruc or any public officer, is hereby authorized to order any tions. article or thing whatsoever which may incumber or obstruct any street, alley, public landing, wharf or pier within said city, to be removed; and if such article or thing shall not be removed within six hours after notice to the owner or person in charge thereof to remove the same, or if the owner cannot be readily found for the purpose of such notice, to cause the same to be removed to some suitable place, to be designated by the mayor or board of public works. And the owner of any article so removed shall Penalty and cost. forfeit a penalty of ten dollars, in addition to the cost of such removal. SEC. 9. Any article or thing which may be removed in Thing removed accordance with the preceding section, shall be advertised ma be ten days and sold by the board of public works, unless the same shall be sooner reclaimed, and the penalty and costs paid by the owners thereof The proceeds of such Dispoition of proceeds. sale shall be paid into the city treasury, and the balance if any, after deducting the penalty and costs, shall be paid to any person or persons furnishing satisfactory proof of ownership. SEC. 10. No wagon, sleigh, sled, carriage, railway car, Wtagon, or vehicle of any kind or description, or any part of the streets etc. same, without horses or other beasts of burden, shall be permitted to remain or stand in any street or alley of this city for more than one hour, except for the purpose of being repaired, and then only in front of the premises of the person so repairing and within ten feet of the curbing, under a penalty of not less than one dollar nor more than Penalty. twenty-five dollars; and any such wagon, sled, sleigh, car riage, railway car or vehicle, or any part of the same, may be removed by the board of public works, or any police officer, as provided in section eight, of this chapter: Provided, This section shall only apply to the district Proviso. bounded on the south by Harrison street, west by Halsted 45.] 345 STREETS. 346 REVISED ORDINANOE. [OH.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ street, and north by Chicago avenue - except so6 much thereof as prohibits railway cars -from standing in the streets, which provision shall apply to the whole city. Removing SEC. 11. If any person shall remove or cause to be building in, without removed, or aid and assist in removing, any building into, permit. along or across any street, alley or public ground in the city, without first obtaining written permission from the board of public works, and conforming to such rules, regulations, requirements, restrictions and conditions as Penalty. they may prescribe, he shall be subject to a penalty of twenty-five dollars, to be recovered from the owner of the building, or any person aiding or directing in its removal, and a like penalty for every twenty-four hours the same shall remain in or upon any street, alley or public ground; and the board of public works shall not have any authority to allow a wood building to be moved into the present or future fire limits. Building remBuiladinig SEC. 12. The owner of any building, or the contractor on, longerit for its removal, either or both, who shall suffer the same to than permit. be or remain in any of the streets or alleys, or upon any of the public grounds of the city, for any time longer than may be specified in the permission of the board of public Penalty works, shall forfeit a penalty of ten dollars, and a like penalty for every twenty-four hours the same shall be con tinued, and such building shall be deemed a nuisance, and be proceeded against as provided in section fifteen of this chapter. Building SEC. 13. No person shall erect or place any building, upon.q in whole or in part, upon any street, alley, sidewalk or other e nalty. public ground within this city, under a penalty of fifty dollars. Owner to SEC. 14 The owner of any building, fence, porch, steps, remove buildintg, gallery, or other obstruction, now standing, or which may etc., after notice. hereafter be erected or placed upon any street, alley or sidewalk, or public ground within this city, or which may be left standing upon any new street that has been or may hereafter be opened, shall remove the same within such reasonable time, not exceeding thirty and not less than three days, as he shall be required so to do by a notice, signed by the mayor, secretary, or a member of the board of public 346 [CH. REVISED ORDINANCE. 45.]~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.TEES. 34.'. T works, under a penalty of not less than twenty-five dollars Penalty. nor more than one hundred dollars, and a further penalty of one hundred dollars for every ten days the same shall sQ remain SEc. 15. Whenever the owner of any building, fence, rroelel g, inl cas of or other obstruction, upon any street, alley, sidewalk or neglect. public ground in this city shall refuse or neglect to remove the same after notice as prescribed in the preceding section, or if the owner cannot be readily found for the purpose of such notice, the same shall be deemed a nuisance, and it shall be lawful for either the mayor or the board of public works, and it is hereby made their duty, to cause the same to be removed or taken down, in their discretion, and the expense thereof shall be recoverable of the owner in an Expense. action of assumpsit; and every person who shall oppose or resist the execution of the orders of the mayor or the board Penalty for resisting. of public works in the premises, shall forfeit a penalty of one hundred dollars. SEC. 16. Whenever, from any cause, any street or alley Obstrc tions by of the city shall be obstructed by a press of teams attached teame, etc. to vehicles loaded or otherwise, the mayor, any alderman, police officer, or commissioner of the board of public works, may give such directions in regard to the removal of such bDireffctionrs by officer. teams, vehicles, etc., as in the opinion of such officer may be required by the public convenience; and any person or persons refusing or neglecting to obey such directions shall forfeit and pay a sum of not less than five dollars nor ex- Penalty for ceeding twenty-five dollars, and may be arrested forthwith disobeying. to answer for such refusal or neglect. SEC. 17. All permits which the board of public works Charge for is authorized by law to grant, shall be subject to such rules, permits. requirements, regulations, conditions and restrictions, as said ~ board, in its wisdom, may deem proper and just to impose, for the interests and protection of the city, and said board shall demand and receive, for the use of the city of Chicago, a reasonable compensation for the granting of such permits: Provided, That not less than one nor more than five dollars shall be chargeable in any one case. SEC. 18. When any part of any street, alley, sidewalk Streeentp ~~~~~~~~~~~~or other public place in upthe city of Chicago, shall be torn, or other public place in the city of Chicago shall be torn, 347 45.] STREETS. 348 REVISED ORDIANOE. [OH. troepbired dug or taken up for any purpose, the person, persons or etc. corporation, so tearing, digging or taking up any earth, paving, planking, graveling or macadamizing, shall, imme diately upon the completion of such purpose, and as fast as practicable during the accomplishment thereof, return the earth, ram and puddle the same as fast as returned, to a firm and solid bearing, and in a manner that will entirely prevent any settling of such earth, and shall also relay all paving, planking, graveling and macadamizing in a skillful and permanent manner, and in every case to the satisfaction Penalty. of the board of public works, under a penalty, for any neg lect or refusal so to do, of not less than twenty dollars nor more than one hundred dollars. tucbbih, SEC. 19. NO person shall place any straw, dirt, chips, etc. shells, ashes, swill, or other rubbish, though not offensive to health, in any street or alley in the city of Chicago, (ex cept that ashes may be placed in the middle of the carriage way of streets not improved, if leveled off so as not to Penalty. obstruct the street,) under a penalty of five dollars for each offense, and a like penalty for every hour the same shall be suffered to remain after notice given by any officer or agent of the city to remove the same. Injuring. SEC. 20. No persqp shall injure or tear up any pave ment, side or crosswalk, or any part thereof, dig any hole, ditch, or drain in, or dig or remove any sod, stone, earth, sand or gravel from any street, alley or public ground in the city of Chicago, without having first obtained, from the Obatroting board of public works, written permission; or hinder or public W obstruct the making or repairing any public improvement or work ordered by the common council, or being done under lawful authority for the city of Chicago, under a Penalty penalty, for each offense, of not less than ten dollars nor more than one hundred dollars. In urng n SEC. 21. No person shall fasten any animal to, or destroy fences, etc. or injure any fence, railing, ornamental or shade tree, or shrub, in or upon any public ground, street, alley or other Penalty. public place in the city of Chicago, under a penalty of not less than five dollars nor more than one hundred dollars. Icir. 348 REVISED ORDINANCE. 46.] TREES. 349 CHAPTER XLVI. TREES. SECTION SXCTION 1. On sidewalk, where to be planted; &. Board of public works may trans penalty. plant; proviso. 2. Injuring, etc.; penalty. 4 Obstructing lamps, to be trimmed, after notice; penalty. SECTION 1. All shade and ornamental trees shall be Where planted on a line two feet inside of the outer line of the planted. sidewalk as defined and established by the chapter relative to sidewalks. If any person shall plant any tree as aforesaid on any different line, he shall be subject to a penalty Penalty. of five dollars. SEC. 2. Any person who shall cut, break, or otherwise IDjunjg. injure or destroy any shade or ornamental tree other than his own, upon any sidewalk, or elsewhere, shall be subject to a fine of not less than ten dollars nor exceeding fifty Penalty. dollars, in every case. SEC. 3. If any trees shall have been heretofore planted Board of public within or without the line established at the time the same wotraksplant transplant. were set out, or shall hereafter be planted in violation of this chapter, the board of public works shall have power, in their discretion, to cause the same to be taken up and properly set out: Provided, That in no case shall such dis- Provio cretion be exercised unless such tree shall form a material obstruction to the street or sidewalk; nor unless the season shall be favorable for transplanting the same. SEC. 4. If any trees shall be suffered by the owner or obstmatcg occupant of the premises to grow in such a manner as to obstruct the reflection of the public lamps, it shall be the duty of the board of public works to notify the owner or occupant of the premises forthwith to trim the same, in the manner to be specified in the notice. If any person shall refuse or neglect to comply with such notice, it shall be the duty of the said board to cause such trees to be trimmed; and the person so neglecting or refusing shall be subject to Penalty. a penalty of one dollar for each tree he was so notified and refused or neglected to trim. 46.] 349 TREES. 350 REVISED ORDINANOE. [OH. CHAPTER XLVII. VEHICLES. S!cTON 1. License required; to whom issued; bond and condition; transfer; pro viso. 2. Register; expiration. 8. Name and number painted on vehi cle; to be erased at expiration of license. 4- Lamps on passenger vehicles; how painted. 5. Licensed drivers; regulations as to license; badges, what, and how worn. 6. Charges for licenses. 7. Charges for carrying passengers. 8. Drivers, etc., not to act as porters and runners, or solicit for other vehic]es- racing; fast driving; keep to the right. SEBTION 9. Not to refuse or omit to carry pas sengers. 10. Charges for carrying goods; not to refuse, etc.; proviso. 11. Rates of fare to be posted in passen ger vehicles. 12. Deceits, frauds, impositions, abuse, etc. 18. Decency and good order. 14. Police may arrest, etc.; give direc tions at depot, etc.; to be obeyed. 15. Stands for vehicles. 16. Order of taking places at stands. 1T. Not to be more than ten feet from vehicle while awaiting at stand. 1 Disorderly conduct at depots. 19. Police to enforce last section. 20. Penalty for violating this chapter. License SECTION 1. No person or persons shall hire out, keep required. or use for hire, or cause to be kept or used for hire, for the carrying or conveying of persons or any article or thing whatever within the city of Chicago, auy hackney coach, cab, coach, omnibus, dray, cart, wagon, or other vehicle or vehicles, carriage or carriages, of any description or name To whom. whatever, without a license so to do. And the mayor is hereby authorized to license under his hand, attested by the clerk and the seal of the city, any person or persons, residents of said city, over the age of twenty-one years, and being the owner or owners of any or either of the said vehicles or carriages, to keep and use for hire and the con veyance of persons, or any article or thing as aforesaid, any or either of the said carriages or vehicles, upon his or their Bond and entering into bond, with sufficient sureties to be approved condition. by the mayor, in the penalty of three hundred dollars, con ditioned for the payment of all penalties and damages which the said owner or owners, and the driver or drivers thereof, may incur or be liable to pay under any byv-law or ordinance of the city of Chicago, now in force, or that shall Transfer. hereafter be established. All licenses granted under this section may be transferred by the mayor, in his discretion, Pronso. attested by the clerk: Provided, That the keeper or keepers of livery stables shall have the right to do the ordinary business of such stables without obtaining such license. 850 [OH. REVISED ORDINANCE. 4'. VEILS 5 SEC. 2. It shall be the duty of the clerk to keep a reg- Register. ister of the name of the person to whom each license is granted or transferred, the date when issued or transferred, the number of the license, and the description of the vehicle licensed. All licenses, unless revoked, shall continue Expire-. in force until the first day of April after the date of the issuing thereof S~~~~~c. 3. ~ ~ ~ ~ ~ ~ ~ ~ ~~Nmo and SEC. 3. Every person so licensed, shall forthwith cause number the name of the owner and the number of his license to be Pvaeihntedon plainly painted in letters at least one and a half inches in size, in a conspicuous place on the outside of each side of such vehicle, and shall keep the same plain and distinct at all times, when used, during the continuance of such license; but upon the expiration of said license, (unless renewed,) such person shall immediately cause the said name and number to be erased from said vehicle, and shall Era,ed at expiration not allow said vehicle to be used with said name or number of liconse. thereon. Lamps, SEC. 4. Every hackney coach, cab, carriage, or vehicle, ad ho for the conveyance of passengers, except omnibuses run- painted. ning upon established lines, when driven or used, or waiting or standing for use, on any public street or place in the night time, shall have fixed upon some conspicuous part of each of the outsides thereof a lighted lamp, with plain glass fronts and sides, with the number of the license painted with black paint, on the sides and front of each of said lamps, in distinct and legible figures, at least one and a half inches ill size, and so placed that said numbers and lamps may be distinctly seen from the inside and outside of such vehicle. All omnibuses running within the city, and required to be licensed, shall, when running in the night time, have fixed in some conspicuous place, in friont thereof, so as to be distinctly seen from the inside and outside, a lighted lamp, with the number of license distinctly painted thereon in figures of one inch and a half in size. SEC. 5. No person, except a licensed owner, shall here- Lloend driver. after drive any licensed hackney coach, cab, dray, cart or other vehicle, (except omnibuses on established lines,) for the conveyance of passengers or any article or thing whatever for hire or reward, without first obtaining a license, as 47.] 351 VEHICLES. 352 REVISLD ORDINANCE. LCH such driver, and no such driver shall drive any other car riage or vehicle than the one for which he shall be licensed; nor shall the owner or owners permit any person, except a licensed -driver or owner, to drive any licensed carriage or Regulations vehicle owned or used by him or them; nor shall any such as to license. owner permit any licensed driver to drive any other carriage or vehicle than the one for which he shall be licensed. No more than one driver shall be licensed for each of said vehicles or carriages. Such drivers shall be licensed by the mayor and clerk, on request of the owner of any of the vehicles herein mentioned, and such licenses may be trans ferred on such request; and it shall be the duty of the clerk to keep a list of the drivers so licensed, and the number of the vehicle for which each driver shall be licensed, and of all transfers of such licenses. All such licenses shall expire on the first day of April after the date of the issuing there of All licenses granted under this chapter shall designate the coach, cab, omnibus, dray, wagon or vehicle, by their number or name, and the owner and owners, driver and drivers, shall be severally liable for each and every viola tion of this chapter, by such owner or owners, or their driver Batdges, or drivers. And every person so licensed, (except drivers what,,and. how worn. of omnibuses on established lines, running at regular hours, on regular routes, in cases where the name or names of the owner or owners of such line of omnibuses, together with the number of the vehicle, shall be legibly painted on the outside upon the door of such omnibus,) shall,-while acting as driver of such vehicle, wear, conspicuously, a badge, consisting of a rectangular silver plate, or plated metal, one and three-fourths inches long and one and one-eighth inches wide, having the corners cut off; on said plate shall be engraved the word "hack," or other word designating his kind of vehicle, in letters not less than five-sixteenths of an inch long, and the number of the hack or other vehicle in figures not less than seven-sixteenths of an inch long; said letters and figures to be boldly cut in Roman characters and filled in with black; said badge shall be provided with a pin or other fastening, by which the same may be and shall be worn in a conspicuous place on the outside of the breast 352 [cir, REVISED ORDINANCE. 4w.] VEflIOL5. 33 of the coat, so that it may not be hidden either by accident or design. SEc. 6. All omnibuses and accommodation coaches, run- charges for licenses. ning in connection with hotels, shall be charged for license, each, the sum of ten dollars per annum. All omnibuses and accommodation coaches, running upon established lines, and at stated periods, from place to place within the city, shall be charged for license, each, the sum of two dollars per annum. All hackney coaches and carriages, drawn by two horses or other animals, and occupying any public stand, or that shall run for the conveyance of passengers, for hire or reward, within the city, shall be charged for license, each, the sum of twelve dollars per annum. All cabs and other vehicles, drawn by one horse or other animal, and occupying any public stand, or that shall run for the conveyance of passengers, for hire or reward, within. the city, shall be charged for license, each, the sum of five dollars per annum. All baggage, express and furniture wagons and vehicles, drawn by two or more horses or other animals, shall be charged for license, each, the sum of ten dollars per annum. All baggage, express and furniture wagons and vehicles, drawn by one horse or other animal, shall be charged for license, each, the sum of five dollars per annum. All drays, carts, wagons, and other vehicles, running within said city, for hire or reward, and not otherwise expressly provided for, shall be charged for license, each, the sum of five dollars per annum. All wagons and other vehicles, drawn by four or more horses or other animals, for the conveyance of any heavy article or thing for hire, from place to place in said city, shall be charged for license, each, the sum of ten dollars per annum: Provided, That nothing herein contained shall include omnibuses or baggage wagons running to and from hotels free of charge, and no fees shall be charged for any license issued under this section. SEc. 7. The only prices to be charged, received or taken Charges gfor carrying by the owner or owners or drivers of any hackney coach, passengen. carriage or other vehicle, except omnibuses, for the convey 23 41.] 3.53 VEITICLF,S. 354 R]VI8ED ORDINANOE. [OH. ance of passengers for hire within said city, shall be as follows, to be regulated and estimated by the distance, on the most direct routes, namely: For conveying a passenger not exceeding one mile, fifty cents. For every additional passenger of the same family, or party, twenty-five cents. For conveying a passenger any distance over a mile, and less than two miles, one dollar. For each additional passenger of the same family or party, twenty-five cents. For conveying a passenger any distance in said city exceeding two miles, one dollar and fifty cents. For each additional passenger of the same family or party, when the distance is over two miles, fifty cents. Children. For conveying children between five and fourteen years of age, half of the above prices may be charged for like distances; but for children under five years of age no charge shall be made: Provided, That the distance from any railroad depot, steamboat landing, or hotel, to any other railroad depot, steamboat landing or hotel, shall in all cases be estimated as not exceeding one mile. By the day For the use by the day of any hackney coach, or other and hour. vehicle drawn by two horses or other animals, with one or more passengers, six dollars. For the use of any such carriage or vehicle by the hour, with one or more passengers, with the privilege of going from place to place, and stopping as often as may be required, as follows: For the first hour, one dollar and fifty cents. For the second hour, seventy-five cents. For each succeeding hour, fifty cents. For the use of any cab or other vehicle drawn by one horse or other animal, by the hour, with the privilege of going from place to place, with one or more passengers, and stopping when required: For the first hour, one dollar. For the second hour, fifty cents. For each succeeding hour, thirty cents. For the use of any such carriage by the day, four dollars. 354 [CH. REVISED ORDINANCE. 4w.] VEHICLES. 355 Every passenger shall be allowed to have conveyed upon Baggage-. such vehicle, without charge, his ordinary traveling baggage, not exceeding in any case one trunk and twenty-five pounds of other baggage. For every additional package, where the whole weight of baggage is over one hundred pounds, if conveyed to any place within the city limits, the owner or driver shall be permitted to charge fifteen cents. SEc. 8. No driver, agent, servant, owner or owners of sot to,It as p~orters any such hackney coach, cab, carriage or other vehicle anrunners. herein referred to, shall act as public porter or runner with out a license for that purpose, or solicit passengers, except for such vehicle as he may be licensed for; and no driver of any hackney coach, cab, omnibus, wagon, dray, car, carriage or other vehicle, shall engage in racing with another, or Racing. drive faster than a moderate trot, while passing in, along or through any of the public streets in the city; and all such vehicles shall keep to the right when in motion and passing KgeeP to the right. along any of such public streets. SEC. 9. No owner or driver of any hackney coach, cab, Neot to y ~~~~~~~~refuse or coach or other carriage or vehicle licensed as aforesaid, shall omit to 9 ~~~~~~~~~~~~~carry refuse to convey in said city any person with or without passengers. baggage as aforesaid, when applied to for that purpose; or, having undertaken to convey such person, shall omit or neglect so to do, or shall ask, take or extort from any person desiring to be, or having been, conveyed to any place in said city, as the price or rate of fare for such conveyance, any greater price or rate of fare than is herein established. SEC. 10. Draymen, carters, expressmen, or wagoners, 0czryegfor licensed as aforesaid, shall be entitled to receive and ask for goods, etc. the cartage of any articles, goods, wares and merchandise upon such cart, wagon or dray, when the distance shall not be greater than one mile, fifty cents, and for each additional mile or fractional part of a mile, twenty-five cents; and no person driving such licensed dray, cart or wagon, shall iot to refuse, etc., refuse to convey within said city the baggage, goods or merchandise of any person, when applied to for that purpose, or having undertaken to convey such baggage, goods or merchandise or other thing, shall omit or neglect to do so, or shall state to, ask, take or extort from any person desiring to have, or having had, conveyed to any place in said city 47.] 355 VEHICLES. 35C REIE RIAc.LH such baggage, goods, merchandise or other thing, as the price or rate of fare for such conveyance, any greater price Proviso. or rate of fare than that herein established: Provided, That this section shall not apply to teams with two or more horses or other animals used for conveying heavy articles. Rates of SEC. 11. Every driver and owner of a licensed hackney Ifare to be poste lein coach, cab or other vehicle for the conveyance of passengers, vehicle. shall at all times keep fixed and posted, right side up, inside of the same, so as to be most conveniently seen and read, a card, to be furnished by the city at the expense of the owner, printed in plain, legible characters, containing the prices or rates of fare allowed by this chapter, and the name of the owner and driver of such vehicle, and the number of the license thereof Deceits, fraeuds, SEC. 12. No owner or driver of any licensed hackney iabPs,tetc. coach, cab, coach or other carriage, vehicle, dray, cart or wagon, shall induce any person to employ him by either knowingly, wantonly or ignorantly misinforming or mislead ing such person as to the time or place of the arrival or departure of any railroad car, steamboat, canal-boat or other public conveyance whatever, or the location of any railroad depot, office, station or any railroad ticket office, or the location of any hotel, stage office, public place or private residence within said city, or shall induce any per son to ride in or employ his vehicle, by falsely representing his vehicle to such person as running for or being in the employment of a public house, canal or steamboat line, railroad or stage company, with a view to exact, solicit or obtain fare, or anything of value from such person, or having so induced any person to ride in his vehicle, shall exact, solicit or take fare or anything of value from such person, for conveying him to such public house, canal or steamboat landing, railroad depot, ticket office, stage com pany office or other public place, or shall convey any passenger, with or without request, in such a vehicle, to any ticket office for the purpose of obtaining a ticket for any of the beforementioned conveyances, or for the purpose of inquiring as to the time of departure thereof, and thence to any of said public conveyances, or shall convey any person, without his request, to any place or house of ill-fame, or 3 5 C) [011. REVISED ORDINANCE. 47.] VEHICLES. 357 shall deceive any person in relation to any ticket, or shall sell or offer to sell any ticket or voucher for conveyance which is worthless, or shall make any false representation or statement in regard to any voucher or ticket for conveyance that may be shown to him, or shall not give his name and the number of his license on request of any person, or shall impose upon or deceive any person, in any manner or form, or shall charge any passenger a greater price than single fare or hire, or shall strike, threaten, insult or otherwise abuse or ill-treat any passenger under any pretense whatever. And no owner of any vehicle in this chapter specified shall aid or abet the driver thereof in any offense in this section specified, or shall know and conceal or connive at any such offense, or aid or assist him in escaping from punishment by preventing the appearance of witnesses, or by attempting so to do, or by any other mode whatever. SEC. 13. No owner or driver of any hackney coach, De,eoncY and good cab, omnibus, coach, dray, cart, wagon or other carriage or ore. vehicle, while waiting for employment at any stand, railroad depot or other public place in said city, shall unnecessarily snap or flourish his whip, or use indecent or profane language, or be guilty of boisterous or loud talking or any disorderly conduct, or vex or annoy travelers or citizens, or obstruct any sidewalk; and such owners and drivers are required to obey any and all regulations and rules adopted by any railroad company or other association or person, for the promotion of order at any public landing, railroad depot or other public place in said city, not inconsistent with the ordinances of the city and the police regulations thereof SEC. 14. Any police officer or member of the police Policeoma, "rrest; give department shall have power to arrest any person- offend- drections. ing against any or either of the provisions of this chapter, or any person who refuses or neglects to desist from any such offense when commanded; and such officers or either of them shall have power to give any directions which they may deem necessary for the preservation of good order and the convenience of the public at any railroad depot, termination, public place, station or steamboat 47.] 357 VEHICLES. 358 REYISED ORDINANcE. [cir Directions landing within said city, and no owner or driver of to be obeyed. any of the vehicles mentioned in this chapter shall refuse or neglect to obey such directions, or shall interfere with such officer as to such directions, or shall resist or Stands for interfere with any such officer in the discharge of his said vehicles. duties. SEC. 15. No owner or driver of any licensed hackney coach, cab, coach or other carriage or vehicle for the con veyance of passengers, shall make any stand or stopping place for business with his vehicle in any street or other public place in the south division of said city north of the south line of Washington street, except in the places designated as follows, namely: The east side of La Salle street, between Randolph street and Washington street, the north side of Washington street between La Salle street and to within fifty feet of Clark street, except as hereinafter provided, and no owner or driver of any hackney coach, omnibus, cab, or other carriage for the conveyance of pas sengers, or of any wagon, dray, cart, or other carriage, for the conveyance of baggage, luggage or merchandise, shall make any stand or stopping place, with or without his vehicle, while waiting for employment, at any place on any railroad or railway grounds, or on any street adjacent to any railroad or railway depot, except in the place designated by the person having charge of such depot. Nor shall any such owner or driver make such stand or stopping place, either within or without the limits designated, within the distance of twenty feet of any street crossing; and in such other places and under such other regulations as may from time to time be established and designated by the common council: Provided, That hackney coaches may stand in front of any or either of the hotels, or other public buildings, in case the owners of such hackney coaches shall first obtain the written permission of the occupant or occupants of such hotel or building for that purpose, and the written permission of the mayor, and until such written permission shall be revoked by such occupant or the said mayor. Order of SEC. 16. All owners or drivers of hacks, hackney laceat coaches omnibuses cabs waons, dras, carts or other car-king places at coaches, ombnibses, cabs, wagons, drays, carts or other carstands. [011. 358 REVISED ORDINANCE. 4w.] VEHIOLES. riages for the conveyance of passengers, baggage, luggage or merchandise, taking their stands, with their vehicles, at such places designated by the persons having charge of depots, as in the last section provided, shall have the right to stand at any vacant place, within the limits of the places designated, and no preference shall be shown between different vehicles of the same class, as to the choice of position within such limits; but different places may be designated for omnibuses, for other carriages for passengers, and for drays and baggage wagons, so as to keep each class of vehicles together. SEc. 17. No person having in charge any hackneyNottole,a& vehicle. coach, cab, omnibus or other carriage for the conveyance of passengers, luggage or baggage, shall, while awaiting employment at any of the stands hereinbefore designated, be or remain more than ten feet from the vehicle which he has in charge, and no more than one driver will be allowed to any omnibus, hackney coach or other carriage intended for passengers. - SEC. 18. No person shall, in or about any railroad onduoctarly conduct at passenger house in said city, make any loud noise or depots. disturbance, or be guilty of any lewd or indecent conduct or behavior, to the annoyance or disturbance of citizens or travelers. SEC. 19. It shall be the duty of the depot and c ity Police to enforce thil police to see that the foregoing provisions are strictly chapter observed, and in case of any violation thereof, forthwith to arrest the offender, and take him before a court having jurisdiction of the offense, to be dealt with according to law. SEC. 20. Any person who shall violate any or either of Penalty for violating., the provisions of this chapter, or any section, clause or provision of any section of this chapter, or who shall neglect or fail to comply with any or either of the requirements thereof, shall on conviction, pay a fine of not less than five dollars nor more than one hundred dollars, and shall forfeit his license. 3b9 47.] VEHICLES. REVISED ORDINANCE. CHAPTER XLVIII. WATER WORKS. SiOTION 1. Fouling water near water works; penalty. 2. Public hydrants; opening, injuring, etc.; penalty. 8. Same; polluting or wasting water; penalty. 4. Firemen misusing wrenches; pen alty. SECTION 5. Rules and regulations for water takers. 6. Penalty for violating same. 7. Obstructing access to stop cocks; penalty. 8. Board of public works to attach meters to premises using large quantities of water; assessments to be proportioned to use. Pouling uwater near. SECTION 1. No person or persons shall drive, lead or swim any horses, sheep, swine or other animals into or in the waters of lake Michigan within three blocks of the works on Chicago avenue, in said city, commonly called the "Water Works," nor shall any person or persons wash or clean any carriage or other vehicle whatever in the water of lake Penalty. Michigan, within said limits, under a penalty of not less than two dollars nor more than twenty-five dollars for each and every offense. Public SEC. 2. All the hydrants constructed, in the city of hydrants. hants. Chicago, for the purpose of extinguishing fires in said city, be and the same are hereby declared to be public hydrants, and no person or persons (other than the members of the fire department of said city, for the uses and purposes of said de partment, and those specially authorized by the board of pubOpening, lic works,) shall open any of the said hydrants, or attempt to injuring, etc. draw water from the same, or in any manner interfere with PeOnalty'i Penalty or injure any of said hydrants, under a penalty of not less than ten dollars nor exceeding fifty dollars for each and every offense. Polluti g SEC. 3. Any person or persons who shall willfully or or wasing water, etc. carelessly break or injure any of the public hydrants, or shall pollute, or unnecessarily waste the water at any such Penalty. hydrants, shall, on conviction, be fined in a sum not less than ten dollars nor exceeding fifty dollars for each and every offense. Firemen. SEC. 4. Any member of the fire department who shall let out, or suffer or permit any person or persons to take, the wrenches furnished to the fire department of said city, [CH. 360 48.] WATER WORKS. 361 to be used in cases of fire, or shall suffer or permit any of Misunseh ft wrenches. said wrenches furnished said department to be taken from the engine houses of said department, except as they accom pany the engines on occasions of fire, or for other purposes connected with the fire department, shall forfeit and pay, on Penalty. conviction, a sum not less than ten dollars nor exceeding fifty dollars for each and every offense. SEC. 5. The following rules and regulations for the gov- Rules and regulations ernment of water takers be and the same are hereby adopted for kerter takersi. and established, in the words and figures as the same are now established by the board of public works of the city of Chicago, as follows: The board of public works of the city of Chicago do estab lish the following rules and regulations for the government of water takers: firrst. No occupant or owner of any building, in which the water is introduced, will be allowed to supply other per sons or families. If found doing so, the supply will be stopped, and the amount of pay forfeited. Second. Whenever two or more parties shall be supplied from one pipe connecting with the distribution main, the failure, on the part of any one of said parties to comply with the rules and regulations of this board, shall authorize the board to withhold a supply of water from such main, without any liability whatsoever, and all payments made shall be forfeited. Third. No addition or alteration whatever, in or about any conduit, pipe or water-cock, shall be made or caused to be made by persons taking the water, without notice thereof being previously given to, and permission had, in writing, from the board. Fourth. All persons taking the water shall keep their own service pipes, stop-cocks and apparatus in good repair, and protected from frost, at their own expense, and shall prevent all unnecessary waste of water; and it is expressly stipulated by the board that no claim shall be made against them or the city, by reason of the breaking of any service cock or service pipe. Fifth. No hydrants will be permitted on the sidewalk or in the front area, neither will they be permitted to be kept 48.] WATER WORKS. 361 36 XEIE ORIAO.LH running when not in actual use; taps at wash-basins, water closets, baths and urinals must be kept closed in like manner. Sixth. Applications for water must state, fully and truly, all purposes for which it is required; and when paying the semi-annual charges for it, parties must frankly and without concealment answer all questions put to them relating to its consumption. In case of fraudulent misrepresentation on the part of the applicant, or of uses of the water not em braced in the applicant's bill, or of willful or unreasonable waste of water, the board shall have the right to forfeit his payment, and the supply of water will be stopped, unless the party shall promptly pay such additional charge as the board may impose. Seventh. The various officers employed by the board, and every person by them delegated for the purpose, must have free access, at proper hours of the day, to all parts of every building in which the water is delivered and consumed, to examine the pipes and fixtures, and to ascertain whether there is any unnecessary waste of water. Eighth. Water rents must be paid semi-annually, in ad vance, on the first days of May and November, at the office of said board. If not paid at their office within thirty days thereafter, ten per cent. will be added for the expenses of collection. At the termination of thirty days, all rents or assessments remaining unpaid will be collected in the man ner provided by law. Ninth. For a violation of any of the preceding rules and regulations, this board reserves the right to stop the supply of water, without any further or preliminary notice; nor will it be restored, except upon payment of the expense of shutting it off and putting it on, and upon a satisfactory understanding with the party, that no future cause of com plaint shall arise. Penalty for SEC. 6. Any person who shall violate any or either of violation. the "rules and regulations for the government of water takers," specified in section five hereof, shall, on conviction, in addition to the enforcement of the forfeitures, liabilities, stipulations and reservations therein contained, pay a fine of not less than three dollars nor more than twenty dollars. SEc. 7. No person shall in any manner obstruct the 362 [011. REVISED ORDINANCE. 49.] WEIGHTS AND MEASURES. 863 access to any stop-cocks connected with any water-pipe Obstructing y ~~~~access to stop-cocks, within any street, alley or common of said city, by means ettc.Ook of any lumber, brick, building material or other article, thing or hindrance whatsoever, under a penalty of not less Penalty than five dollars nor more than fifty dollars. SEC. 8. The board of public works shall attach meters weatertbe meteris to bo at all hotels, manufacturing establishments using steam, attached, 7 ~~~~~~~~~~~~~~~where. bath houses, livery stables, and other premises using large quantities of water, to measure the quantities of water used at such premises, and the water rents and assessments at such premises shall be in proportion to the quantities used. CHAPTER XLIX. WEIGHTS AND MEASURES. SECTION 1. Comptroller to procure standards. 2. Sealer to test weights, measures, etc.; persons refusing to exhibit, etc.; penalty. 8. Sealer to keep an office; person using incorrect weights, etc., after notice; penalty. 4. Fees and compensation of sealer. 5. Inspection charges not oftener than yearly,unless weights,etc., incorrect. SECTION 6. Using unsealed weights, etc.; refns ing to allow examination, etc.; al teration, etc.; penalties. T. Sealer to keep a register, and report to council. 8. Peddlers, etc., to have weights, etc., sealed; penalty. 9. Frauds, etc.; penalty. SECTION 1. The comptroller, at the expense of the city, Comptroller to procure shall procure correct and approved standards of weights standards. and measures of the standard adopted by the State of Illinois, with their necessary subdivisions, together with the proper beams and scales, for the purpose of testing and proving the weights and measures of said standard used in the city. SEC. 2. It shall be the duty of the sealer of weights and Sestler to test measures, at least once in every year, to examine and test weights, measures, the accuracy of all weights, measures, scales or other instru- etc. mernts or things used by any person for weighing or measuring any article for sale in said city of Chicago; and to stamp with a suitable seal all weights, measures and scales, so used, which he may find correct, and deliver to the owner thereof a certificate of their accuracy. Any person refusing Refusing to exhibit. to exhibit any weights, measures or scales, or instruments for weighing or measuring, to said sealer for the purpose of 363 49.] WEIG]EITS AND MEASURES. .. 8,, 36 EIE RIAO.[H examination and inspection as aforesaid, or obstructing him Penalty- in the performance of his duty, shall forfeit a penalty of not less than five dollars nor more than ten dollars for each offense. Office. SEC. 3. It shall be the duty of said sealer of weights and measures to establish and keep an office within the limits of the city of Chicago, and to designate, by card or otherwise, the time during which he may be found in such office. If upon examination he shall find any weights, measures, balances or scales of any kind untrue, he shall immediately notify the owner or owners thereof, and any Using person or persons who shall, after such notice, use such incorrect afternotice. untrue weights, measures, balances or scales, before the same shall have been adjusted, corrected and sealed by the Penalty. sealer, shall forfeit and pay to the city, for each offense, a sum not less than fifty dollars nor more than one hundred dollars, with costs of prosecution, for each and every day they are so used after such notification. Fees. SEC. 4. The sealer of weights and measures shall be allowed to demand and receive of the person for whom he shall perform services, the following fees and compensation: For inspecting and sealing railroad or track scales of the capacity of twenty to;s and upwards, each, five dollars. For inspecting and sealing scales of from three to ten tons capacity, each, one dollar and fifty cents. For inspecting and sealing hay and coal scales, each, one dollar. For inspecting and sealing dormant scales, each, seventy five cents. For inspecting and sealing depot scales, each, one dollar. For inspecting and sealing movable platform scales, each, fifty cents. For inspecting and sealing beams weighing one thousand pounds and upwards, each, fifty cents. For inspecting and sealing beams weighing less than one thousand pounds, each, twenty-five cents. For inspecting and sealing hopper scales, each, one dollar. For inspecting and sealing counter scales, each, twenty five cents. 364 [OH. REVISED ORDINANCE. 9 WEIGHTS AND MEASURES. For inspecting and sealing any kind of scales other than above enumerated, each, twenty-five cents. And with each scale sealed by him, he shall inspect and seal one set of weights, without any additional charge or compensation. For inspecting and sealing any dry measure, each, five cents. For inspecting liquid measures of a capacity of five gallons and upwards, each, ten cents. For inspecting and sealing liquid measures of a capacity of not less than one gallon nor more than five gallons, each, seven cents. For inspecting and sealing one-half gallon and one quart liquid measures, each, five cents. For inspecting and sealing liquid measures of a less capacity than one quart, each, three cents. For inspecting and sealing any board or cloth measure, each, five cents. And in every case where he may, at the request of the owner, employ labor or material in making any scale, weight or measure, accurate, he shall be entitled to a just compensation therefor. SEC. 5. It shall not be lawful for said sealer to make the Innspeting annual, aforesaid charges for inspecting and testing weights, measures unclessect incorrect. and scales, as aforesaid, oftener than once in each year, unless the same shall be found not conformable to the standard of the State. SEC. 6. No person shall make use of any weight, scale,'ugl measure or other instrument for weighing or measuring any weights,etc. article for sale in the city, until the same has been duly examined and sealed by the sealer of weights and measures, under a penalty of not less than five dollars nor more than Penalty. twenty-five dollars. All persons using weights, measures, Refusin to submit for scales or other instruments for measuring any article for examina' ~~~~~tion, etc. sale in this city, which have been sealed, shall, upon application of the sealer of weights and measures, allow the same to be examined, tested and sealed, as herein provided, under a penalty of not less than five dollars, nor more than twenty- Penalty. five dollars for failing so to do; and any person or persons altering any weights, measures or scales, causing the same ~tetrtion 49.] 365 366 REVISED ORDINANOE. [OH.~- to weigh or measure incorrectly, unless to repair, shall, on Penalty. conviction thereof, be fined in any sum not exceeding one hundred dollars. Sealer SEC. 7. It shall be the duty of the said sealer to make to keep regipo8ter and a regular register of all weights, measures, scale-beams, and report. steelyards, or other instruments inspected by him, in which he shall state the names of the owners of the same, and whether they are conformable to the standard of the State. And it shall also be his duty to report to the common council the names of all persons whose weights, measures, scale-beams or steelyards are incorrect, and to deliver a copy of his said register to the clerk. Peddlers, SEC. 8. All itinerant peddlers and hawkers using scales, etc., to have weights, balances, weights or measures, shall take the same to the office of the city sealer before using the same, and have the same sealed and adjusted annually; and any such person or persons failing to comply with the provisions of this section, shall each forfeit and pay to the said city a sum of not less Penalty,. Penalty than five dollars nor more than one hundred dollars, with costs of prosecution, for each and every day such person or persons shall use the same without having the same adjusted and sealed as hereinbefore provided. Frauds, etc. SEC. 9. Any person who shall sell, or offer for sale, any fruit, vegetables, berries or grains of any description, or any article of dry measurement, within the city of Chicago, in wine measures, or in any other than legal dry measures, which shall have been sealed by the city sealer, whether of pint, quart, or other contents, or who shall practice deceit or fraud in the sale of wood or coal, by selling for a cord of wood less than one hundred and twenty-eight cubic feet of wood, or for a ton of coal less than two thousand pounds of Penalty. coal, shall be subject to a fine of not less than five dollars and not more than twenty-five dollars, for each offense. 366 [CH. REVISED ORDINANCE. 50.] WOOD. CHAPTER L. WOOD. 367 BEOTION 1. Appointment of inspector and assis tants. 2. Duty to measure wood; fees; cord defined. 8. Boxes, racks or wagons, regulations concerning size, etc.; to be in spected by sealer. 4. Wood, how to be sold. SECTION 5. Wood stands. 6. Inspector to measure, keep books, etc. 7. Badge when on duty; duty of own ers, drivers, etc., of wood wagons. 8. Inspectors to be appointed police men. 9. Penalty for violating this chapter. SECTION 1. There shall be appointed by the common Appoint y ~ ~~~~~ merit of council by ballot, biennially, on the second Monday of inspector. May, or as soon thereafter as may be, one inspector of fire wood in said city, and such assistant inspectors as may be deemed by the common council necessary for the public interests. SEC. 2. It shall be the duty of such wood inspector and Too measure assistants to measure any and all loads or piles of wood in said city, on request of any person or persons, and to give a certificate to the person or persons making such request, stating the amount, the date of measuring, for whom measured, the kind and description thereof, for the following prices: For each wagon load, pile or parcel containing a Fees. cord or less, ten cents; for each pile or load containing more than one cord and not exceeding two cords, twenty cents; for each additional cord in the same load or pile, five cents. One hundred and twenty-eight cubic feet shall be cord defined. deemed a cord of wood, and the length of wood shall be measured from point to butt, and not from point to point. SEC. 3. Boxes for the sale or delivery of sawed and Boxes. split wood shall contain one hundred and fifty cubic feet, measured on the inside, for one cord, and seventy-five and a half cubic feet, measured in like manner, for half a cord, and thirty-eight and one-quarter cubic feet for a quarter of a cord. If wood shall be sold or kept for sale in Racks or racks or wagons, or otherwise, and shall be piled length-g wise of the wagon or rack, there shall be only two lengths of the wood upon the wagon or in the rack, and such rack shall be four or eight feet long, and of a width and height Regulation sufficient to contain one-fourth, one-half or three-cfourths of a erning sufficient to contain one-fourth, one-half or three-fourths of a sie, oet. REVISED ORDINANCE. cord, or one cord, measured in the inside of the rack. And if such wood shall be piled or placed crosswise of the wagon or rack, such wagon or rack may be either four, six, eight or ten feet in length, and shall have two stakes behind and two stakes before the place for piling the wood, firmly and permanently placed in the wagon or rack, and of such height as to contain one-fourth, one-half or three-fourths of a cord, or one cord or more in like proportions. And all such boxes, wagons or racks used for selling or exhibiting for To ibe sale, any wood in said city, shall be inspected, measured and inspected by.8ealer, numbered by the city sealer of weights and measures; and etc. the owner or owners thereof shall, at all times, when such wagons or racks shall be in use, keep his or their name and number, and the quantity of wood such box, wagon or rack will contain, plainly and distinctly painted thereon in letters of at least one and a half inches in size. And all wagons, boxes, racks or vehicles, used at and about the wood yards of the city of Chicago, and all places for the measuring of wood in said city, for retail, shall be made, measured and marked in accordance with the provisions of this section And the sealers of weights and measures shall, at least as often as once each month, and on the first of each month, furnish the city comptroller with a complete list of the boxes, vehicles and racks, and places so measured. Sale of SEC. 4. No person in said city shall sell, exhibit for woods how. sale, or offer to sell, by the load, any fire wood in said city, except in accordance with the provisions of section three of this chapter, unless such wood shall have been previously measured by the said wood inspector, or one of his assistants. Woods. SEC. 5. The following are hereby designated places for wood stands in said city: In the centre of Market street, at least twenty feet from the sidewalks between Randolph and Madison streets. In the centre of Randolph street between Desplaines and Halsted streets, at least thirty feet from the sidewalks. In the centre of Michigan street, at least twenty feet from the sidewalk and market, between Clark and Wolcott streets. And no person shall be per mitted to occupy any of such stands with a load of fire wood, unless the vehicle, box, wagon or rack, shall be made, [C.U. 50.] WOOD. 369 measured, marked and numbered, as required in section three of this chapter, or unless such load shall have been measured by one of the said wood inspectors. SEC. 6. It shall be the duty of the wood inspector or Inspector to measure, one or more of his assistants, under his direction, at all keepbooks, etc. reasonable times, to attend at each of the wood stands in said city, for the purpose of measuring wood. They shall be furnished with proper books, at the expense of the city, under the direction of the comptroller, in which shall be printed proper blank certificates and margins, and it shall be their duty to enter therein all necessary facts pertaining to their business, and such as shall be required, from time to time, by the said comptroller, and which books and entry shall, at all times, be subject to his inspection, and shall be delivered to him for safe keeping when required. SEc. 7. The wood inspector and assistants, while on Badge. duty, are required to wear an appropriate badge, marked "Wood Inspector;" and no person driving any wood wagon Duwtyerosf ownlers, or vehicle occupying or standing about any wood stand or dfrivWers, etc., of wood other place in said city, or upon or near any such load of wagons. wood, shall refuse to give his name and residence, or to answer any proper questions of such wood inspector or assistant, in regard to any load or loads of wood, or the owner or owners thereof; nor' shall any driver or drivers, owner or owners of any wood wagons, boxes or' vehicles, refuse to show any certificate of measurement of any such loads, wagons or vehicles, or show a different or fraudulent certificate thereof, to any officer of said city, or person requesting to purchase any load of wood, or commit any Frauds. other fraudulent or deceitful practice whatever; and all persons selling wood in any other manner than as provided in section three of this chapter, shall deliver the certificate of measurement thereof to the purchaser. SEC. 8. All such wood inspectors and assistants shall be Inspectors5 to be appointed policemen of said city, and clothed with all the policemen. powers of policemen, while wearing their badges in the discharge of their duty as such wood inspectors and assistants; but shall not be entitled to pay as policemen, except by order or resolution of the common counciL SEC. 9. Any person who shall fail or neglect to comply 24 50.] 369 WOOD. REVISED ORDINANCE. Penalty or with any or either of the foregoing requirements of this iolation. chapter, or who shall violate any section, clause or provision of any of the preceding sections thereof, shall, on convic tion, pay a fine of not less than three dollars nor more than one hundred dollars. And if such person shall be the owner or driver of any vehicle, licensed by the city, his license may be revoked, in the discretion of the mayor. Passed October 23, 1865. AMENDMENTS. AN ORDINANC] to amend Chapter XXXV of "An Ordinance for revis ing and consolidating the General Ordinances of the City of Chicago." BAOTION SCEOTION 1. No person, other than police, to take 2. Pound master to furnish badges; up animals, unless he wears a badge. penalty for wearing,unless furnished by him. 3. Ordinance to take effect, etc. other than, SECTION 1. Be it ordained by the Common Council of the police,p tak- City of Chicago, That chapter thirty-five (concerning pounds) ing up) animals,towear of "An Ordinance for revising and consolidating the badge. general ordinances of the city of Chicago," passed October 23rd, 1865, be, and the same is hereby so amended, that it shall not be lawful for any person, whether acting under the direction of the pound master or otherwise, except police patrolmen, to take up any animal running at large contrary to the provisions of section two of said chapter, unless he shlall have in a conspicuous place upon the coat or outside garment, a metal badge, with the words "Assist ant Pound Master" engraved thereon in letters not less than one-half inch in size. Poten,r, - SEC. 2. It shall he the duty of the pound masters of tor to furnish badge. the respective divisions of the city to procure such number of said badges as may be necessary, and furnish them to such persons of good character as they may deem proper, at the cost thereof, and any person who shall wear any such badge, unless furnished as aforesaid by the pound masters, Penalty for shall be liable to a fine of not less than five dollars nor to exeed ten dollars. exceed ten dollars. 370 AMNDENS 3 SEc. 3. This ordinance shall take effect and be in force Ordinance take effect. from and after its passage and due publication. take eet. Passed December 11, 1865. AN ORDINANCE amending Chapter XLIII (Sidewalks) of the General Ordinances of the City of Chicago. SzErTiON 1. Amending general ordinance as to notice to repair, etc., sidewalks and drains. SECTION 1. Be it ordained by the Common Council of the Nepoti,eto repair, ete. City of Chicago, That Section 3, of Chapter XLIII, of the general ordinances of the city of Chicago, be amended by substituting for the words "to repair any sidewalk, or to repair or cleanse any private drain," in the fifth and sixth lines of said section, the words "to raise, lower, repair or relay any sidewalk, or to raise, lower, repair or cleanse any private drain." Passed December 4, 1865. 311 AMENDMENTS. SPECIAL LAWS AND ORDINANCES. BONDS. AN ORDINANCE providing for the indorsement of City Bonds. SICTION SECTION 1. Bonds may be specially indorsed; 8. Indorsement of coupons; fee. affidavit of ownership. 4. Bonds held as school funds; form of 2. Form of indorsement; fee. indorsement; no fee. Special in- SECTION 1. Be it ordained by the Mayor and Aldermen dorsement. of the Cty of Chicago, in Common Council assernbled, That, by the indorsement of the comptroller upon any bonds of the city, payable to bearer, when presented for that purpose by the owner, such bond shall become payable only to the party named in such indorsement, his assignees or legal representatives, anything on the face of the bond to the Affidavit. contrary notwithstanding. The affidavit of the party pre senting any such bond, or his authorized agent or attorney, that he is the owner thereof, shall be sufficient evidence to the comptroller of such ownership. Form of in- SEC. 2. The indorsement of the comptroller may be in doreement. the following form: "By virtue of the act of the General Assembly of Illinois, the ordinances of the city of Chicago, and the consent of (A. B.) the owner of this bond, this bond is made payable only to said (A. B.), his assignees or legal representatives, anything on the face thereof to the contrary notwithstanding. C. D., Comptroller." The cost of the Fee. requisite government stamp, and a fee of 50 cents for each indorsement, shall be paid, by the owner of the bond, into the city treasury. Coupons. SEC. 3. Coupons may also be indorsed by the compFee. troller in a shorter form, and a fee of ten cents and the government stamp charged therefor. School SEC. 4. The bonds held as a part of the school funds funds. may be indorsed as follows: "This bond is made payable by law only to the school agent of the city of Chicago, or O MHICAGO GAS COMPANY. his successors in office, anything on the face thereof to the contrary notwithstanding. C. D., Comptroller." No fee No fee. shall be charged for indorsing said last mentioned bonds or the coupons attached thereto. Passed April 24, 1865. " CHICAGO" GAS COMPANY. AN ACT to incorporate the Chicago Gas Light and Coke Company. SECTION SECTION 1. Incorporation; name; general pow- 3. Capital stock not to exceed $300,000; ers. how subscribed and paid; by-laws; 2. To manufacture and sell gas, lay pipe monopoly for ten years. in streets, etc., of Chicago; not to injure streets, etc., permanently; real estate not to exceed $50,000. SECTION 1. Be it enacted by the People of the State of Incorpora ~tion. Illinois, represented in the General Assembly, That H. L. Stewart, W. S. Bennett, F. C. Sherman, P. L. Updike, P. Page, and their associates, be, and they are hereby created a body politic and corporate, with perpetual succession, by the name and style of the "Chicago Gas Light and Coke Name. Company," and by that name they and their successors shall be capable in law of contracting and being contracted with, General , power,, suing and being sued, defending and being defended, in all courts and places, and in all matters whatsoever, with full powers to acquire, hold, occupy and enjoy all such real and personal estate as may be necessary and proper for the construction, extension and usefulness of the works of said company, and for the management and good government of the same; and they may have a common seal, and the same may alter, break and renew at pleasure. SEC. 2. The corporation hereby created shall have Manufac ture and sell full power and authority to manufacture and sell gas, to gas. be made from any and all of the substances, or a combination thereof, from which inflammable gas is usually obtained, and to be used for the purpose of lighting the city of Chicago, or the streets thereof, and any buildings, manufactories, public places or houses therein contained, and erect all necessary works and apparatus, and to lay pipes for the purpose of Lay pipe. 373 I SPECIAL LAWS AND ORDINANCES. conducting the gas in any of the streets or avenues of said Proviso. city: Provided, That no permanent injury or damage shall be done to any street, lane or highway in said city. The real estate which this corporation is entitled to hold, shall not exceed in value fifty thousand dollars. Capital SEC. 3. The capital stock of said company shall not stock. exceed three hundred thousand dollars, to be subscribed for and paid in such proportions as shall be prescribed by By-laws. the by-laws and rules regulating the concerns of said com pany, as they shall think proper and necessary respecting the management and disposition of the stock, property and estate of said company, the duties of the officers, artificers and agents to be employed, the number and election of direc tors, and all such matters as appertain to the concerns of Monopoly said company. Said company shall have the exclusive for ten ~ years. privilege of supplying the city of Chicago and its inhabit ants with gas for the purpose of affording light, for ten years. Approved February 12, 1849. AN ACT to amend an Act entitled "An Act to incorporate the Chicago Gas Light and Coke Company. SCTrIoN 1. Capital may be increased $1,000,000; may borrow money, issue bonds, and mortgage property; may purchase and hold all necessary real estate. SECOTION 2. Repealing conflicting parts of former act; this act in force from passage. Capital SECTION 1. Be it enacted by the People of the State of Illeinois, represented in the General Assembly, The Chicago Gas Light and Coke Company is hereby authorized to increase the capital stock of said company one million of dollars, at such times and in such manner as the board of Ma,y borrow directors shall from time to time direct. Said company is money,issue bonds, and also authorized to borrow such an amount of money for mortgage. gg the purpose of constructing, carrying on anrid completing its works, upon such terms as the board of directors shall judge best, and, for such purpose, may issue its bonds and mortgage its property; and all bonds heretofore issued for such purpose, and all mortgages executed to secure the same Hold r,eal by the said company, are hereby legalized. Said company estat. to purchase and hold such an shall also have the right to purchase and hold such an 314 " PEOPLE'S " GAS OOMPANY. amount in value and extent of real estate, in the city of Chicago, as may be necessary for its business, and to carry out the objects of its incorporation. SEC. 2. So much of the act to which this is an amend- Repeaing. ment, as conflicts with this act, is hereby repealed. This Act i ftoce. act shall take effect from and after its passage. Approved February 9, 1855. "PEOPLE'S" GAS COMPANY. AN ACT to incorporate the People's Gas Light and Coke Company. SBECTION SECTION 1. Incorporation; name; general pow- 8. capital stock not to exceed $500,000; ers. bylaws. 2. Manufacture and sell gas; lay pipe 4. Price of gas. in streets, without doing permanent injury; real estate not to exceed $100,000. SECTION 1. Be it enacted by the People of the State of Incorpora,: Illinois, represented in the General Assembly, That Matthew Laflin, L. C. Paine Freer, A. G. Throop, D. A. Gage, John S. Wallace, George W. Snow, H. B. Bay, and R. IH. Foss, and their associates, be, and they are hereby created a body politic and corporate, with perpetual succession, by the name and style of "The People's Gas Light and Coke Name. Company," and by that name they and their successors shall be capable in law of contracting and being contracted with, suing and being sued, defending and being defended, General in all courts and places, and in all matters and places what- power. soever, with full powers to acquire, hold, occupy and enjoy all such real and personal estate as may be necessary and proper for the construction, extension and usefulness of the works of said company, and for the management and good government of the same; and they may have a common seal, and the same may alter, break and renew at pleasure. SEC. 2. The corporation hereby created, shall have full Manufac ture and "IIl power and authority forthwith, upon their due organization, gas. under this act, to proceed to the erection of the necessary works for the manufacture of gas and coke within said city of Chicago, and on and after the 12th day of February, A. D. 1859, to manufacture and sell gas, to be made from $15 SPECIAL LAWS AND ORDINANCES. any or all the substances, or a combination thereof, from which inflammable gas is usually obtained, and to be used for the purpose of lighting the city of Chicago, or the streets thereof, and any buildings, manufactories, public places, or houses therein contained, and to erect all necessary works Lay pipe. and apparatus as aforesaid; and on and after the said 12th day of February, 1859, or sooner, by and with the consent of the Chicago Gas Light and Coke Company, to lay pipes for the purpose of conducting the gas in any of the streets or avenues of said city, with the consent of the city council: Provided, That no permanent injury or damage shall be done to any street, lane or highway in said city. The real estate which this corporation is entitled to hold, shall not exceed in value one hundred thousand dollars. sOPital SEC. 3. The capital stock of said company shall not exceed five hundred thousand dollars, to be subscribed for and paid in such proportions as shall be prescribed by the By-laws. by-laws and rules for regulating the concerns of said comn pany, as they shall think proper and necessary respecting the management and disposition of the stock, property and estate of said company, the duties of the officers and agents to be employed, the number and election of directors, and all such matters as appertain to the concerns of said com pany. Price of gas. SEC. 4. It is an express provision of the foregoing act of incorporation, that the said company shall furnish and supply to the city of Chicago, for all its public uses, at the election of the proper authorities of said city, a sufficient supply of gas, at a rate not exceeding two dollars per thou sand feet; and the inhabitants of said city at a rate not exceeding two dollars and fifty cents per thousand feet. Approved February 12, 1855. AN ACT to amend an Aet entitled "An Act to incorporate the People's Gas Light and Coke Company," approved February 12, 1855. 1. Second section of former act amend ed, and powers enlarged. 2. Capital stock fixed at $500,000, and may be increased at pleasure; how divided, etc. SIMCTION 3. Directors, election and powers; fourth section of former act re pealed; price of gas. 4. Power to borrow money, etc. 5. This act pnblic, and to take effect from passage. 36 " PEOPLE'S' GAS COMPANY. SECTION 1. Be it enacted by the People of the State of sectndof p le o th e ta te section of ~Ilinois, represented in the general Assembly, That the second former act 7 ~~~~~~~~~~~~~~~~amended. section of said act be, and the same is, hereby so amended as to read as follows, viz.: The corporation hereby created shall have full power and authority forthwith to proceed to the erection and maintenance of the necessary works for the manufacture of gas and coke within said city of Chicago, and to manufacture, supply and sell gas, to be made from any and all substances, or a combination thereof, from which inflammable gas is usually obtained, and to be used for the purpose of lighting the city of Chicago, any streets, buildings, manufactories, public places or houses therein contained; and to erect and use all necessary works and apparatus for such purposes aforesaid, and, with the consent of the common council of said city, to lay down and use all necessary pipes for the conducting of gas, in and along any of the streets, alleys, avenues or public squares of said city: Provided, That no permanent injury or damage shall be done to any such street, alley, avenue or public square, by the laying down of any such pipes. SEC. 2. That section three of the said act be, and the Third section of same is hereby so amended as to read as follows, viz.: The former act amended. capital stock of said company shall be five hundred thousand dollars, and may be increased from time to time, at the pleasure of said corporation; it may be divided into such shares, subscribed for, paid, and transferred, in such proportions and manner as shall be prescribed by the by-laws and regulations of said company. SEC. 3. All the corporate powers of said corporation Directors. shall be vested in, and exercised by, a board of directors, and such officers and agents as said board shall appoint. The board of directors shall consist of not less than three nor more than five stockholders, who shall be chosen by the stockholders at such time and in such manner as the said corporation shall, by its by-laws, prescribe, and shall hold their office until their successors are elected and qualified, and may fill any vacancies which may happen in the board of directors, by death, resignation or otherwise. They may adopt such by-laws, rules and regulations for the By-law,. government of said corporation, and the management of its 377 SPECIAL LAWS AND ORDINANOCES. affairs and business, as they may think proper, not inconFourth sistent with the laws of this State. And the fourth section section of former act rpemaledt of said act is hereby repealed; but ten years after the pas sage of this act, the common council of the city of Chicago Price of gas. may, by resolution or ordinance, regulate the prices charged by said company for gas, but said common council of the city of Chicago shall, in no case, be authorized to compel the said company to furnish gas at a less rate than three dollars per thousand feet. Borrow money, etc. SEC. 4. The said company is hereby authorized to bor row money, and to mortgage or lease any of its property or franchises. This actd SEC. 5. This act shall be deemed a public act, and noin force. ticed as such by all courts, without pleading, and take effect from and after its passage. Approved February 7, 1865. AN ORDINANCE concerning the People's Gas Light and Coke Company. SzC~oON 1. Permission to lay pipe, etc., in streets, etc.; conditions; liability for damages; further conditions as to principal streets; proviso as to conflict with rights of the Chicago Gas Light and Coke Company. Permissilon SECTION 1. Be it ordained by the Common Council of the to lay pipe, etc. City of Chicago, That permission and authority be, and the same are, hereby granted to the People's Gas Light and Coke Company, of the city of Chicago, and State of Illinois, to lay their gas mains, pipes, feeders, and service pipes, in any of the streets, alleys, avenues, highways, public parks or squares, throughout said city, subject at all times, how ever, to the resolutions and ordinances of the common Conditions. council of said city: Provided, That said company, when they shall open the ground to lay any pipe, or for any other purpose whatever, they shall restore the streets, pave ments and sidewalks to a condition satisfactory to the city superintendent, with all convenient dispatch, and no more of any street or alley shall be opened or encumbered at any one time or in any one place, nor shall any street or alley be suffered to remain open or encumbered for a longer period than shall be strictly necessary to enable said com pany to proceed with their work; and said company 378 HORSE RAILWAYS. 3'T9 shall be liable for all damages which may result from or by Liability for damaged reason of opening or encumbering any street, alley or sidewalk in said city of Chicago: And provided further, That Further conditions whenever said company shall desire to lay their pipes, or sl to princido other work in any of the principal streets of said city, pal street. before they commence doing so they shall consult the mayor or city superintendent of public works, and unless the mayor or superintendent consent to such work being done at the particular time, they shall not proceed with such work on any such principal street, without the express permission of the common council of said city of Chicago: And provided further, That nothing herein contained shall Proviso. be construed to conflict with any rights or privileges heretofore given by the common council to the Chicago Gas Light and Coke Company, or in conflict with the provisions contained in the act of incorporation of the People's Gas Light and Coke Company, to first obtain the consent of the Chicago Gas Light and Coke Company, if pipes are laid previous to February 12th, A. D. 1859. Passed August 30, 1858. HORSE RAILWAYS. AN ACT to promote the construction of Horse Railways in the City of Chicago. SEOTION 1. The Chicago City Railway Company incorporated. 2. Authorized to construct, etc., rail ways on streets, etc., of south and west divisions of Chicago, upon certain terms specified. 3. Capital stock; amount and mode of issue and transfer. 4. Board of directors; election and term of office; by-laws, etc. 5. May extend railways through the county of Cook; power to take private property. SECTION 6. May lay railway on highway in town ship, with assent, etc.; not to ob struct travel; other vehicles to give way. 7. Ordinances of city in favor of corpo rators confirmed. 8. Restrictions as to track on State street, and the use of steam power. 9. Two railways to be built within two years. 10. The North Chicago Railway Company incorporated, with same powers as to north division of Chicago. 11. This act public, and to take effect from passage. SECTION 1. Be it enacted by the People of the State o The Chicago City Illinois, represented in the General Assembly, That Franklin oamilwpayin CompanyinParmelee, Liberty Bigelow, Henry Fuller and David A. Corpoated. Gage, and their successors, be, and they are hereby created 379 HIORSE RAILWAYS. SPECIAL LAWS AND ORDINANOES. and constituted a body corporate and politic, by the name me of "The Chicago City Railway Company," for the term of twenty-five years, with all the powers and authority inci dent to corporations, for the purposes hereinafter mentioned. Powerto SEC. 2. The said corporation is hereby authorized and construct. empowered to construct, maintain and operate, a single or double track railway, with all necessary and convenient tracks for turn-outs, side tracks and appendages in the city of Chicago, and in, on, over and along such street or streets, highway or highways, bridge or bridges, river or rivers, within the present or future limits of the south or west divisions of the city of Chicago, as the common council of said city have authorized said corporators or any of them, or shall authorize said corporation so to do, in such manner Terms ditand and upon such terms and conditions, and with such rights conditions. and privileges as the said common council has, or may, by contract with said parties, or any or either of them, pre scribe; but said corporation shall not be liable for the loss of any baggage carried on said railways, kept in and under the care of its owner, his servant or agent. Ctpitkal SEC. 3. The capital stock of said corporation shall be stock. one hundred thousand dollars, and may be increased from time to time at the pleasure of said corporation. It shall be divided into shares of one hundred dollars each, and be issued and transferred in such manner and upon such con ditions as the board of directors of said corporation may direct. Directors. SEc. 4. All the corporate powers of said corporation shall be vested in and exercised by a board of directors, and such officers and agents as said board shall appoint. The first board of directors shall consist of said Franklin Parmelee, Liberty Bigelow, Henry Fuller and David A. Gage. and thereafter of not less than three nor more than seven stockholders, who shall be chosen each and every year by the stockholders, at such time and in such manner as the said corporation shall by its laws prescribe. The said directors shall hold their offices until their successors are elected and qualified, and may fill any vacancies which may happen in the board of directors, by death, resignation By-laws, or otherwise. They may also adopt such by-laws, rules and etc. . 380 -~~~~~OS RALAS, 1 regulations, for the government of said corporation and the management of its affairs and business, as they may think proper, not inconsistent with the laws of this State. SEC. 5. The said corporation is hereby authorized to Extend through extend the said several railways herein authorized to be county. built, in the manner aforesaid, to any point or points within the county of Cook, in this State; and, to enable said corporation to construct any or all the railways herein authorized, or their appendages, the said corporation is hereby vested with power to take and apply private property for pMraYttaeke p ~~~~~~~private the purposes and in the manner prescribed by an act enti- property. tled "An Act to amend the law condemning right of way for purposes of internal improvement," approved June 22, 1852, and the several acts amendatory thereof, and may exercise all the powers conferred upon railroad corporations by the twenty-fifth and twenty-sixth sections of "An Act to provide for a general system of railroad incorporations," approved November 5, 1849, ascertaining and making recompense for all damages sustained agreeably to the provisions of the act herein before first mentioned. SEc. 6. The said corporation is hereby authorized, with highway the assent of the supervisor of any township, to lay down and maintain its said railway or railways, in, upon, over and along any common highway in said township, but in such manner as not to obstruct the common travel of the public over the same. In all cases where vehicles shall meet the cars or carriages of said railways, either in the city or country, said vehicles shall give way to the cars or v.ehi-es to carriages on the railway. gie way. SEC. 7. All the rights and privileges granted, or intend- cOrdinoanese confirmed. ed so to be, to said Franklin Parmelee, Liberty Bigelow, Henry Fuller and their associates, in and by the ordinances of the common council, and the amendments thereto, are hereby, in all things, affirmed, and shall pass to and become vested in the corporation hereby created. SEC. 8. Nothing herein contained shall authorize the Roesdrucbtlin construction of more than a single track, with the neces- tracks sary turn-outs, which shall only be at street crossings, upon State street between Madison and Twelfth streets, except by the consent of the owners of two-thirds of the property, 381 HORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. in lineal measurement, lying upon said State street between Madison and Twelfth streets aforesaid, nor shall anything herein contained be construed to authorize the company, hereby incorporated, to permit the cars of any other railSteam. road company whatever, propelled by steam, to be run along or upon the railway of the company hereby incor porated. Two trackt SEC. 9. The said company hereby incorporated shall, to be built intwoyears. within two years from the passage of this act, erect, main tain and operate two railways; one from Lake street to the southern boundary of the city, and one from the south branch of the Chicago river, on Madison street, to the west ern boundary of said city; and upon failure to do so, this act, and all the privileges and franchises hereby conferred, shall cease and determine. The North SEC. 10. All the grants, powers, privileges, immunities Chicago Railway and franchises conferred upon, and all duties and obligaCompanyincorpotrated. tions required of Franklin Parmelee, Liberty Bigelow, Henry Fuller and David A. Gage, by this act, for the south and west divisions of the city of Chicago and the county of Cook, are hereby conferred upon and required of Wil liam B. Ogden, John B. Turner, Charles V. Dyer, James IL Rees and Valentine C, Turner, by the name of "The North Chicago Railway Company," for the north division of said city and said county of Cook, as fully and effectually, to all intents and purposes, as if they had been, by a separate act, incorporated with all of said grants, powers, privileges, im munities and franchises conferred upon them, and all of said duties and obligations imposed upon them; and the said last named corporation may take, hold, mortgage and convey real estate. Public act SEC. 11. This act shall be deemed a public act, and Tkeeffect. noticed by all courts as such without pleading, and shall take effect from its passage. Approved February 14, 1859. 382 HORSE RAILWAYS. AN ACT to authorize the extension of Horse Railways in the City of Chicago. 383 basOTON 1. The Chicago West Division Railway Company incorporated. 2. Powers and restrictions; proviso. 3. Board of directors; election and term of office; by-laws, etc. SEBCTION 4. Special powers. 5. Penalty for obstructing railways. 6. Act public, and to take effect from pas sage. SECTION 1. Be it enacted by the People of the State o/f TheChicago West DivisIllinois, represented in the General Assembly, That Edward ion Railway CompanyinP. Ward, William K. McAllister, Samuel B. Walker, James eorporated. L. Wilson, Charles B. Brown, Nathaniel P. Wilder, and their successors, be, and they are hereby created and constituted a body corporate and politic, by the name of "The Chicago West Division Railway Company," for the term of twenty-five years, with all the powers and authority pertaining to corporations for like purposes. SEC. 2. The said corporation shall possess all the pow- Prowe and restrictions. ers conferred by, and be subject to all the provisions contained in the second, third, fifth and sixth sections of an act entitled "An Act to promote the construction of horse railways in the city of Chicago," approved February 14th, 1859: Provided, That nothing herein contained shall be so con- Proviso. strued as to in any manner invalidate or injuriously affect any of the rights of either of the corporations created by said act, or to authorize the corporation hereby created to construct or use any railway track in the north division of Chicago, except by the written consent of The North Chicago City Railway Company: And further provided, The consent of the owners of two-thirds of the property, by lineal measure, fronting upon the streets through which said railways shall pass, shall be obtained. SEC. 3. All the corporate powers of said corporation Directers. shall be vested in and exercised by a board of directors, and such officers and agents as said board shall appoint The first board of directors shall consist of said Charles B. Brown, James L. Wilson, William K. McAllister, Samuel B. Walker and Nathaniel P. Wilder, and thereafter of not less than three nor more than seven stockholders, who shall be chosen each and every year, by the stockholders, at such time and in such manner as the said corporation shall by its laws prescribe. The said directors shall hold their offices SPECIAL LAWS AND ORDINANCOES. until their successors are elected and qualified, and may fill any vacancies which may happen in the board of directors by death, resignation or otherwise. They may also adopt By-laws,etc. such by-laws, rules and regulations for the government of said corporation and the management of its affairs and busi ness as they may think proper, not inconsistent with the laws of this State. Special SEC. 4. The corporation hereby created is authorized to power$. purchase, hold and convey real or personal estate; to mort gage or lease its franchises and property; to acquire, unite and exercise any of the powers, franchises, privileges or immunities conferred upon The Chicago City Railway Com pany by the act aforesaid, or any ordinance of the common council of said city, upon such terms and conditions as may by contract between the said railway corporations be pre scribed; and the consent of the board of directors of the said Chicago City Railway Company, manifested in writing, shall be a condition precedent to the corporation hereby created exercising the powers, or any of them, conferred upon it by the second section of the act aforesaid, as to any streets of said south and west divisions of Chicago, in which the said Chicago City Railway Company has acquired the right of laying down its track: Provided, That upon ob taining such contract or consent, as aforesaid, this corpora tion shall thereupon and thereby become entitled, as to the streets last above mentioned and no others, to use the same according to the provisions of said contract and the ordi nances aforesaid, anything herein contained to the contrary notwithstanding. Pen,ltyfor SEC. 5. If any person shall willfully and maliciously obstructing. obstruct either of the corporations aforesaid, or that hereby created, in the use of any of their railway tracks, or the passing of the cars of either of said corporations thereon, such person, and all who shall be aiding or abetting, shall be punished by a fine not exceeding five hundred dollars, or may be imprisoned in a common jail for a period not exceeding three months. Public act. SEC. 6. This act shall be deemed a public act, and 384 HIORSE RAILWAYS. noticed by all courts as such without pleading, and shall Take effect, take effect from its passage. Approved February 21, 1861. AN ACT to incorporate The Chicago and Evanston Railroad Company. SECTION SECTION 1. The Chicago and Evanston Railroad 4 Directors; election and term of office. Company incorporated. 5. Proceedings to obtain right of way. 2. General powers; restrictions as to 6. Act in force from passage, and for laying tracks on certain streets. fifty years. 8. Capital stock. SECTION 1. Be it enacted by the People of tale State of I1norpora Illinois, represented in the General Assembly, That James G. HIamilton, George W. Thompson, Orrington Lunt, Hugh T. Dickey, Jabez K. Botsford, S. B. Chase, Henry Smith, Edwin Haskins, Thomas C. Hioag, Isaac N. Arnold, J. F. Willard and John Evans, and their associates, who may be such by becoming stockholders in this company, and their successors, be, and they are hereby created a body politic and corporate, by the name and style of "The Chicago and Name. Evanston Railroad Company," with power to sue and be sued, plead and be impleaded, to adopt a common seal and alter it at pleasure; to adopt such by-laws, rules and regulations as they may deem expedient; and to have and exercise all other rights and powers necessary to qarry out the intentions of this act. SEC. 2. They shall have power to locate, construct, General maintain mad operate, with horse or locomotive cars, from powers the city of Chicago to any point in the town of Evanston, a railroad, with a single or double track, turn-outs, sidings, depots and all other necessary appliances. They may contract with The North Chicago Horse Railroad Company, or any other company or party, to operate their road, or the road of such other party, either separately or jointly, as may be agreed upon. They may acquire, by donation, stock subscription or purchase, dispose of and convey, as they may deem expedient, real estate, not to exceed in value on hand at any one time the capital stock of the company; and, for the purpose of carrying out the intentions of this act, they shall have power to borrow money, not to exceed in amount the capital stock of the company, and to secure the 25 385 SPECIAL LAWS AND ORDINANCES. payment thereof by pledge or mortgage of any or all of its Laying of property, rights, credits and franchises. No authority is or track on certain streets shall be granted to said company, or to any other corpora prohibited. tion or party, by the city of Chicago, to lay any railroad track in Wells, Dearborn, Wolcott, Cass, Rush, Pine, North or South Clark streets, or in Wabash or Michigan avenues, in the city of Chicago.; but the laying of the same is hereby expressly prohibited. Capital SEC. 3. The capital stock of the company shall be one stock. hundred thousand dollars, which shall be divided into shares of one hundred dollars each. It may be increased by a two-thirds vote of all the stock of the company, at any regular meeting of the stockholders, to an amount not to exceed three hundred thousand dollars. Books may be opened for subscriptions to the stock of the company, as may be deemed expedient by the board of directors. Directors. SEC. 4. The affairs of the company shall be managed by a board of twelve directors, a majority of whom shall form a quorum. After the expiration of the term of the first board they shall be elected, annually, by the stock holders, as maV be provided in the by-laws, and shall hold their office for one year, and until their successors are elected. The persons herein named as corporators shall be the first board of directors. Right of SEC. 5. In procuring the right of way for said railroad way. they shall be entitled to such privileges and rights to cross or run along highways as may be granted by the commis sioners of highways of the towns through which it may pass; and when, on account of non-residence, minority or other disability to sell, on the part of owners of property, or where parties refuse to grant their property, or fail to agree as to compensation for the right of way or depot grounds, said company may condemn and take the same, according to the provisions of "An Act to amend the law condemning the right of way for purposes of internal im provements," approved June 22, 1852. Take effect. SEC. 6. This act shall take effect and be in force from and after its passage, and continue for fifty years. Approved February 16,1861. .386 387' HORSE RAILWAYS. "AN ACT concerning IIorse Railways in the City of Chicago. SECTION 1. Former acts extended. 2.- Amendment of former act, enlarging the powers. 8. Ordinance of the city of Chicago, as to The Chicago and Evanston Rail road Company, confirmed. SECTION 4. Power to hold real estate and manu facture materials. 5. This act public, and to take effect from passage. SECTION 1. Be it enacted by the People of the State ofFrmeracts Yextended. Jllinois, represented in the General Assembly, That the first section of an act of said General Assembly entitled "An Act to promote the construction of horse railways in the city of Chicago," approved February 14, 1859, and the first section of a certain other act of said General Assembly, entitled "An Act to authorize the extension of horse railways in the city of Chicago," approved February 21, 1861, be, and the same are hereby so amended as that all the words in said respective sections after the word "come pany" therein respectively, shall be and read as follows, viz.: For ninety-nine years, with all the powers and au thority hereinafter expressed, or pertaining to corporations for the purposes hereafter mentioned. SEc. 2. That the second section of the act first above General, powers referred to by its title, and which section is included in and enlarged. made a part of the act secondly above referred to by the title thereof, be, and the same is'hereby, as to both of said acts, so amended as to read as follows, viz.: The said corporation is hereby authorized and empowered to construct, maintain and operate, a single or double track railway, with all necessary and convenient tracks for turn-outs, side tracks and appendages, in the city of Chicago, and in, on, over and along such street or streets, highway or highways, bridge or bridges, river or rivers, within the present or future limits of the south and west divisions of the city of Chicago, as the common council of said city have authorized said corporations, or any of them, or shall from time to time authorize said corporations, or either of them, so to do, in such manner, and upon such terms and conditions and with such rights and privileges, immunities and exemptions, as the said common council has, or may, by contract with said parties, or any or either of them, prescribe; and any and all acts or deeds of transfer of rights, privileges or SPECIAL LAWS AND ORDINANCES. franchises, between the corporations in said several acts named, or any two of them, and all contracts, stipulations, licenses and undertakings, made, entered into or given, andcl as made or amended by and between the said common council and any one or more of the said corporations, re specting the location, use or exclusion of railways in or upon the streets, or any of them, of said city, shall be deemed and held and continued in force during the life hereof, as valid and effectual, to all intents and purposes, as if made a part, and the same are hereby made a part of said several acts: Provided, That it shall be competent for the said common council, with the written consent or concurrence of the other party or parties, or their assigns, to any of said contracts, stipulations, licenses or undertak ings, to amend, modify or annul the same. But said cor porations shall not, or any or either of them, be liable for the loss of any property or thing carried on said railways, kept in and under the care of its owner, his servant or agent: Provided, That any contract hereafter made by the common council of the city of Chicago with either of the corporations referred to in this act, for a higher rate of fare than five cents, shall be subject to modification or repeal at any regular meeting of.said common council, by a majority vote of all the aldermen elected, or by the General Assem bly of the State of Illinois. Ordinance SEC. 3. An ordinance of the common council of the confirmed. city of Chicago, entitled "An Ordinance concerning the maintenance and operation of The Chicago and Evanston Railroad in the limits of the city of Chicago," as passed on the 17th day of August, A. D. 1864, is hereby confirmed, and shall be deemed and held to confer on The Chicago and Evanston Railroad Company, power and authority to con struct and operate their road in the streets and over the bridge mentioned therein, until the same is altered, changed or amended by the common council, with the consent of said company. And such ordinance may, from time to time, be changed, altered or amended, and such other pro visions be made as, to the common council, may seem proper, and be agreed to by said company. The prohibi tion as to the use of certain streets, in the second section of 388 HORSE RAILWAYS. 38 the charter of The Chicago and Evanston Railroad Company, is hereby re-enacted, and shall remain in force until altered, released or amended by the common council of the city of Chicago and said company. SEC. 4. Each of said corporations shall be authorized Additional powers, to purchase, hold and convey real or personal estate, necessary for the use of such corporation, and to manufacture materials, machinery and rolling stock for the use of such corporation. SEC. 5. This act shall be deemed a public act, and Act public. noticed by all courts as such, without pleading, and shall Take effect. take effect from its passage. Passed by the Legislature over the veto of the Governor, February 6, 1865. A ORDINANCE to authorize the construction and operation of certain Horse Railways in the Streets of the City. SECTION 1. Certain persons authorized to lay railway tracks in certain streets of the city of Chicago. 2. Steam power prohibited. 8. UTse of railway limited. 4. council may establish regulations. 5. Grading, paving, etc., of streets. 6. Kind of rail, and laying of track. 7. Rates of fare. SECTION 8. When railways to be built. 9. Provisions as to incorporation. 10. Time during which right shall con tinue. 11. Purchase by city; terms of. 12. Saving of others' rights. 18. Assent of land owners required. 14. Agreement to be made. SECTION 1. Be it ordained by the Common? Council of the Certain persons City of Chicago, That there is hereby granted to Roswell autahrtirzed to lay tra ck F B. Mason, Charles B. Phillips, and such persons as may i, t,eeertain streets. hereafter become associated with them, and to their executors, administrators or assigns, permission or authority and consent of the common council to lay a single or double track for a railway, with all necessary and convenient tracks for turn-outs, side tracks and switches, in any or all of the following streets in said city, to wit: State street, in the south division, beginning at Randolph ivitshin division. street and extending to the present and future southern city limits; thence east on Ridgely place to Cottage Grove avenue. Also, beginning in said State street at the intersection of Ringgold place; thence east upon Ringgold place to Cottage Grove avenue; thence on Cottage Grove avenue, southerly, to the present and future southern limnits of the city. Also, beginning at State street at the intersection of 389 HORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES8. Washington street; thence west on Washington street to Market street. Noth Dearborn street, beginning at Kinzie street in the north divisioDla.I division at the intersection of Dearborn street; thence north on Dearborn street to North street; thence west on North street to the Green Bay road; thence on the Green Bay road to the present and future north limits of the city. Franklin street, beginning at Kinzie street in said north division at the intersection of Franklin street; thence north on Franklin street to Division street; thence west on Divi sion street to Clybourne avenue; thence on Clybourne avenue to Racine street; thence on Racine street to the present and future north limits of the city. Also, begin ning on Division street at the intersection of Sedgwick street; thence north on Sedgwick street to the Green Bay road. Archerroad. Archer street, or road, beginning at its intersection with State street; thence southwesterly on said Archer street, or road, to the present or future limits of the city. And to operate railway cars and carriages thereon, in the manner, for the time, and upon the conditions hereinafter mentioned and prescribed. Strragesm SEC. 2. NO locomotive or engine propelled by steam pohibited. shall ever be used upon any of said railways within the limits of the city; and the carriages used thereon shall be of the best style, with all the modern improvements, and shall be propelled by none other than animal power. Use of raisway SEC. 3. The common council may at any time, or from limitea time to time, limit the use of said railways, or any of them, or any part thereof, to the transportation of passengers and their ordinary baggage, and no cars of any railroad within the State shall ever be allowed to run upon any or either of the railways herein mentioned. colcil to SEC. 4. The common council may, from time to time, establish speed, etc. fix and establish the rate of speed of running carriages or cars upon said railways, or any of them, and the time or times of departure from the termini of such road or roads, of such carriages or cars; and when so fixed or established by the common council, the said parties shall conform to the same: Provided, That the common council shall not 390 -~~~~OS ALAS ~ require said parties to run any carriage or car at any time when the ordinary demand for passage in the same would not be sufficient to remunerate said parties for running such carriage or car: And provided further, That the common council shall never restrict the said parties from running such number of carriages or cars as said parties may think proper. SEc. 5. The streets whereon said railways are to be Partiee to y ~~~~grade constructed and opened as aforesaid, shall be wholly graded streets. at the expense and cost of the parties constructing said railways, upon such grade as the common council shall establish, which said grade shall not, during the continuance of said railways, be altered or changed at the cost or to the damage of said company; and the said streets may be, in the first instance, planked at least twenty-four feet Planking, etc., to be wide in the centre, by and at the expense of said company: done. Provided, That the said company shall be required to pave, macadamize or otherwise improve the said twenty-four feet in each of said streets, or any portion thereof, whenever the common council shall direct the remaining portions, corresponding with and opposite, to be so paved, macadamized or otherwise improved. And all moneys expended by the city for the improvement, grading or planking of either of the said streets, of benefit or value to said parties, for the objects and purposes in this ordinance contained, between the time of the passage hereof and the completion of either dr all of the railways aforesaid, shall be refunded to the city by said company: Provided, That if the said company shall occupy any street now planked, they shall be required either to pay for the plank now laid down, or to remove Plank to be and relay the same upon the sides of said street, outside of paid for. the twenty-four feet to be occupied by said company. SEC. 6. The track of said railways shall not be elevated Tracks, how laid. above the surface of the street, shall be laid with the "O G" rail, (so called,) and shall be so laid that carriages and vehicles can easily and freely cross said track at any and all points thereof, with the least obstruction possible. SEc. 7. The rates of fare for any distance less than one Raates of mile shall ot exceed fiae cents, and for any distance more mile shall not exceed five-cents, and for any distance more 391 HORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. than a mile, and within the limits of the city, shall not exceed ten cents for each passenger. Rights, SEC. 8. The rights and privileges given to the said parwhen forfeited. ties by virtue of this ordinance, shall be forfeited to the city, unless the construction of one or more of said rail ways shall be commenced before the first day of September, A. D. 1856, and so much of all the routes aforesaid as shall not be fully completed within four years from the passage hereof, shall be forfeited to the city, unless the time shall be extended by the common council; and in case any or either of said routes, or any part thereof, shall be aban doned by the parties aforesaid, all improvements, except the iron rails upon such track or route so abandoned, shall be forfeited to the city. Should artiesd SEC. 9. If the said parties shall hereafter become incorincorporate. porated under an act of the legislature of the State of Illinois, the rights and privileges granted by virtue of this ordinance shall extend to such corporation for the time and upon the conditions herein prescribed, and when such act of incorporation shall have been obtained, such corporation shall have all the rights and privileges hereby granted, as the successor of said parties, without further action of the common council. Rights to SEC. 10. The right to operate said railways shall extend extend, how long to the'full expiration of twenty-five years from the passage hereof, and at the expiration of said time, the parties operating said railways shall be entitled to enjoy all of said privileges until the common council shall elect, by city may order for that purpose, to purchase said railways, depots, purchase, when. depot grounds, station grounds, station houses, carriages, cars, horses, animals, harnesses, equipage, furniture, and implements of every kind, name and description, used in the construction or operation of said railways, or any of the appurtenances in and about the same, and pay for the same in the manner hereinafter mentioned. Timeoftak- SEC. 11. Such order shall fix the time when said coming possesSion by city, mon council will take such railways and other property how fixed. before mentioned, which shall not be less than six months after the passage of said order; and at the time of taking said railways and other property above mentioned, the com 392 -~~~~OS ALAS 9 mon council shall pay to the parties operating the same, a Payment by city. sum of money, to be ascertained by computing the interest at six per cent. for one year, on such amount to be paid, so that such interest will amount to a sum equal to the earn ings of said railways for the year next preceding the time when the common council shall take and pay for the same, after deducting all expenses paid out for running the same during the said year. Rights; of SEC. 12. All rights heretofore vested in the water com- oter corpo missioners, sewerage commissioners, Chicago gas light and rations. coke company, or other corporation, are not to be impaired or affected by this ordinance, but the rights and privileges hereby granted are subject thereto. SEC. 13. The said R. B. Mason and Charles B. Phillips, lasndtnr,, land owners, their associates, executors, administrators and assigns, shall et. not lay down said railway track in said streets, for the purposes mentioned in this ordinance, without the assent of the land owners fronting on such parts or portions of said streets as the said Roswell B. Mason and Charles B. Phillips and their associates may desire to use, until after an act of the legislature of the State of Illinois, authorizing such use, shall have been obtained. SEC. 14. The said R. B. MasQn and Charles B. Phillips Agciment shall enter into an agreement, to be signed by them and the mayor, and countersigned by the clerk of the city, obliging the said R. B. Mason and C. B. Phillips, their associates and assigns, and said city, to abide by and perform the stipulations herein contained, which agreement, when so executed, shall be obligatory upon both parties, and until such agreement shall be so executed, this ordinance shall have no force or effect Passed March 4, 1856. AN ORDINANCE authorizing the construction and operation of certain Horse Railways in the Streets of the City of Chicago. SECTION 1. Permission to persons named, to lay railway tracks on certain streets, and operate thereon, upon condi tions; tracks not to be within twelve feet of sidewalk. 2. Streets named upon which tracks may be laid. SECTION 8. Only animal power to be used; cars of other railroads not to be used. 4 Used only for passengers, etc.; cars to be best class; power of council to regulate speed and time of run ning. 5. Tracks, how to be laid. 393 HORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. SEOTION 6. Fare not to exceed five cents, except, etc. 7. Liability to pave, repair, etc., streets; liability for damages; to pay for paving, etc., already done. 8. When railways to be built; forfeit ure; proviso as to injunctions. 9. If said persons become incorporated, corporation to have same rights. SEOTION 10. Rights to continue twenty-five years; city may then purchase the property. 11. Terms and manner of purchase. 12. Rights of others not to be affected. 13. Said persons to give bond; terms thereof. 14. Repeal of former ordinances. Permission SECTION 1. Be it ordained by the Common Council of the to lay and opelrate,on Uity of Chicago, That there is hereby granted to Henry railway, on streets. Fuller, Franklin Parmelee and Liberty Bigelow, and such other persons as may hereafter become associated with them, and to their executors, administrators and assigns, permission or authority and consent of the common council, to lay a single or double track for a railway, with all neces sary and convenient tracks for turn-outs, side tracks and switches, in and along the course of certain streets in the city of Chicago, hereinafter mentioned, and to operate rail way cars and carriages thereon, in the manner, and for the time, and upon the conditions hereinafter prescribed: Pro vided, That said tracks shall not be laid within twelve feet of the sidewalks upon any of the streets. Streets SEC. 2. That said parties are hereby authorized to lay named. a single or double track, for a railway, in and along the course of the following streets in said city, and extending the same as follows: Commencing on State street, at the south side of Lake street; thence south to the present city limits. Also, commencing on State street, at the junction of Ringgold place; thence on Ringgold place to Cottage Grove avenue; thence on Cottage Grove avenue to the present limits of the city of Chicago. Also, commencing on State street, at the junction of the Archer road; thence along the said Archer road to the present limits of the city. Also, commencing on State street, at the intersection of Madison street, and extending west along said Madison street to the present city limits. Power, and SEC. 3. The cars to be used upon said tracks shall be cars. operated with animal power only; and said railways shall not connect with any other railroad on which other power is used, and no railway car or carriage, used upon any other railroad in this State, shall be used or passed upon said tracks. 394 HORSE RAILWAYS. 395 SEC. 4. The said tracks and railways shall be used for Parsengers; y ~~~~~~~cars: no other purpose than to transport passengers and their ~eounlimay regulate. ordinary baggage, and the cars or carriages used for that purpose shall be of the best style and class in use on such railways. The common council shall have power at all times to make such regulations, as to the rate of speed and time of running said cars or carriages, as the public safety and convenience may require. SEC. 5. The tracks of said railways shall not be ele- Traeks, how laid. vated above the surface of the street; shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said tracks, at any and all points, and in any and all directions, without obstruction. SEC. 6. The rate of fare for any distance shall not ex- Fare. ceed five cents, except when cars or carriages shall be chartered for a specific purpose. SEC. 7. The said parties, their associates and successors Grading, paving, etc., shall pay one-third of the cost of grading, paving, macad- of streets. amizing, filling or planking, on the streets or parts of streets on which they shall construct their said railways, and in the respects last mentioned shall keep such portion of the respective streets as shall be occupied by their said railways, or either of them, in good repair and condition dur- Repairs. ing the whole time that the privileges hereby granted to said parties shall extend, in accordance with whatever orders may be passed, in that behalf, by the common council of the said city of Chicago; and said parties shall be liable for all legal or consequential damages which may be sus- Damage& tained by any person by reason of the carelessness, neglect or misconduct of any agent or servant of said parties, in the course of their employment in the construction or the use of the said tracks or railways, and said parties shall moreover pay to the property owners on any street so used Payr for former by them, as aforesaid, for their said railways, which has, paving. since the first day of January, A. D. 1858, been paved, macadamized or planked, and at any time between said date last mentioned, and the time of going into the occupation of either of said respective streets with the said railway by said parties, their associates or successors may be 395 H[ORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. paved, macadamized or planked, one-third of the reasona ble cost and expense thereof so paid by said property own ers respectively. rahlwaen to SEC. 8. The rights and privileges granted to said parbe buiit. ties, by virtue of this ordinance, shall be forfeited to the city of Chicago, unless the construction of one of said rail ways shall be commenced on or before the first day of No vember, A. D. 1858; and unless the said railway commenc ing on the south side of Lake street and extending to Ringgold place, shall be fully completed and ready for use on or before the fifteenth day of October, A. D. 1859; and the Madison street railway, commencing at the intersection of State street, and running on said Madison street to the city limits, completed and ready for use on or before the fifteenth day of October, A. D. 1860; and said railway, from Ringgold place to Cottage Grove avenue, and along the same to the city limits, by the first day of January, A. D. 1861; and all the remaining railways herein before mentioned, on or before the first day of January, A. D. 1863, the said railways, together with all improvements Forfeiture. made upon the same, shall be forfeited to said city of Chicago, unless the common council of said city shall grant Provioasto to said parties a further extension of time: Provided, That injunctions. if said parties are delayed by the order or injunction of any court, the time of such delay shall be excluded, and the same time, in addition to the periods above prescribed, shall be allowed for the completion of said railways, as that dur ing which they may be so delayed. Provision as SEC. 9. If the said parties, their associates or successors, to incorporation. shall hereafter become incorporated, the rights and privi leges granted to them, by virtue of this ordinance, shall extend to such corporation for the time and upon the con ditions herein prescribed, and when such act of incorpora tion shall have been obtained, such corporation shall have all the rights and privileges hereby granted, as the succes sors of said parties, without further action of the common council. Termnty of SEC. 10. The right to operate said railways shall extend twenty-five yearl to the full time of twenty-five years from the passage here of, and at the expiration of said time, the parties operating 396 HORSE RAILWAYS. said railways shall be entitled to enjoy all of said privi leges until the common council shall elect, by order for that Ca_Purchase by purpose, to purchase said tracks of said railways, cars, car- Pity riages, station houses, station grounds, depot grounds, furniture and implements of every kind and description, used in the construction or operation of said railways, or any of the appurtenances in and about the same, and pay for the same in the manner hereinafter mentioned. SEC. 11. Such order shall fix the time when said city puTermsof of Chicago will take such railways, and other property before mentioned, which shall not be less than six months after the passage of said order, and at the time of taking said railways and other property, before mentioned, the city of Chicago shall pay to the parties operating the same, a sum of money to be ascertained by three commissioners, to be appointed for that purpose, as follows: One to be chosen from the disinterested freeholders of Cook county, by the said common council; one in like manner by the said parties, their associates or successors; and the two persons so chosen, to choose the third from said freeholders. SEC. 12. All rights heretofore vested in the board of Rights of '~others. water commissioners and sewerage commissioners, or other corporations, are not to be impaired or affected by this ordinance, but the rights and privileges hereby granted are subject thereto. SEC. 13. The said Hienry Fuller, Franklin Parmelee Bond. and Liberty Bigelow, shall enter into a good and sufficient bond with the city of Chicago, in the penal sum of twentyfive thousand dollars, for the faithful performance of all the terms and conditions herein contained in this ordinance, and that said railways herein mentioned shall be completed at the times and manner herein stated, unless delayed by the order or injunction of some court having jurisdiction of such matters, from so completing the same, and until such bond shall be so executed by said parties, this ordinance shall have no force or effect whatever. SEC. 14. All ordinances or parts of ordinances hereto- Repealing. fore passed, respecting the subject-matter of this ordinance, (except that to which this is an amendment), or in conflict 397 SPECIAL LAWS AND ORDINANCES. with this ordinance, or that to which the same is an amendment, is hereby repealed. Passed August 16, 1858. AN ORDINANCE to amend an Ordinance entitled "An Ordinance author izing the construction and operation of certain Horse Railways in the Streets of the City of Chicago. SECTION 1. Amending Section? of former ordinance as to paving, etc., of streets, and paying therefor, and amending Section 13 of former ordinance, as to bond. SECTION 1. Be it ordained by the Common Council oj the City of Chicago, That sections seven and thirteen of the above entitled ordinance be so amended as to read as fol lows, viz.: Grading, That section seven be so amended as to read: The said paving, etc., of streets parties and their associates shall, as respects the grading, paving, macadamizing, filling or planking of the streets, or parts of streets, upon which they shall construct their said railways, or any of them, keep so much of said respective streets as shall be occupied by the said railways, or either of them, in good repair and condition during all of the time to which the privileges hereby granted to said parties shall extend, in accordance with whatever orders or regulations respecting the ordinary repairs thereof, may be passed or adopted by the common council of said city; and the said parties shall be liable for all the legal consequential damDamages. ages which may be sustained by any person, by reason of the carelessness or misconduct of any of the agents or ser vants of the said parties, in the course of their employment in the construction or use of the railways aforesaid, or either of them. Bond. And section thirteen be so amended as to read: The said Henry Fuller, Franklin Parmelee and Liberty Bigelow, shall enter into a penal bond, in the sum of twenty-five thousand dollars, with the said city of Chicago, conditioned for the faithful performance of all the terms and conditions in the said above entitled ordinance, as hereby amended, are contained and set forth; and that the railways aforesaid shall be completed at the time and in the manner in the aforesaid ordinance specified, unless delayed by the order 398 HORSE RAILWAYS. 399 or injunction of some court of competent jurisdiction, from so completing the same. And the giving of the bond above mentioned shall supercede the bond heretofore given by said parties under the original ordinance aforesaid, and the same shall be surrendered up and canceled. Passed December 20, 1858. AN ORDINANCE authorizing the extension and operation of certain Horse Railways in the Streets of the South and West Divisions of Chicago. SEcTION 1. Permission to The Chicago City Rail way Company to lay and operate tracks on streets, upon conditions; tracks not to be within twelve feet of side walks, where, etc. 2. Streets named. 8. When railways to be completed. 4. Animal power only to be used; cars of other railroads not to be used. 5. Used only for passengers, etc.; cars to be best class; power of council to regulate speed and time of run ning. - 6. Tracks, how to be laid. SECTION 7. Fare not to exceed five cents, ex cept, etc. 8. Grading, paving, etc., of streets; lia bility for damages. 9. Forfeiture for failure to complete rail ways according to third section; proviso as to injunctions. 10. Rights of others not to be affected. 11. Rights under former ordinances in favor of corporators, continued to corporation. 12. Corporators to give bond; terms thereof. SECTION 1. Be it ordained by the Common Council of the Permission to lay and City of Chicago, That under and by virtue of an act of the oerwtye n legislature of the State of Illinois, entitled "An Act to streets. promote the construction of horse railways in the city of Chicago," approved the 14th day of February, A. D. 1859, constituting Franklin Parmelee, Liberty Bigelow, Henry Fuller, and David A. Gage, and their successors, a body corporate and politic, by the name of "The Chicago City Railway Company," and by virtue of the powers and authority in the said common council otherwise by law vested, consent, permission and authority are hereby unto the said "The Chicago City Railway Company" given, granted and duly vested, to lay a single or double track for a railway, with all necessary and convenient tracks for turn-outs, side tracks and switches, in and along the course of the streets and bridges of the south and west divisions of the city of Chicago hereinafter mentioned; and the same to keep, maintain and use, and to operate thereon railway cars and carriages, during all the term in the said act of the 14th February, A. D. 1859, specified and pre SPECIAL LAWS AND ORDINANCES. scribed, in the manner and upon the conditions hereinafter prescribed: Provided, That said tracks shall not be laid within twelve feet of the sidewalk upon any of the streets hereinafter mentioned, in any case wherein it is practicable to be avoided. Streets SEc. 2. The said company is hereby, as above mennamed. tioned, authorized to lay a single or double track for such railways, in and along the course of the following streets of said south and west divisions of Chicago, and to extend the same as follows: Commencing on Lake street, at the intersection of said Lake street with the east line of Market street, and thence west, with a single or double track, in and along the course of said Lake street, to Lake street bridge; thence westerly, with a single or double track, over said bridge, and in and along the course of said Lake street, to the present and future limits of the city. Commencing on Randolph street, at the intersection with the State street railway, and thence west, with a single or double track, in and along the course of said Randolph street, to Union Park; thence in and along Park street to intersect with the said Lake street track. Commencing on Desplaines street and intersecting with the said Lake streets track, and thence northerly, with a single or double track, in and along the course of said Des plaines street, to Milwaukee avenue, and thence in and along the course of said Milwaukee avenue, to the present and future city limits. Commencing on Canal street, at the point of intersection with said Lake street track, and thence southerly, with a single or double track, in and along the course of said Canal street, to intersect with the track to be upon Polk street, as hereinafter mentioned. Commencing on Harrison street, at the intersection with Canal street aforesaid, thence westerly, with a single or double track, in and along said Harrison street to the south western plankroad. Commencing on Market street, at the intersection with Lake street railway aforesaid, and thence southerly, with a 400 HORSE RAILWAYS. single or double track, in and along the course of said Market street, to intersect with the Madison street railway. Commencing on South Wells street, at the intersection with the said Randolph street track, and thence southerly, with a single or double track, in and along the course of said Wells street, to Polk street; thence westerly, with a like track, in and along the course of said Polk street, to Canal street, as aforesaid; and thence southerly, with a like track, in and along the course of said Canal street, to the Chicago, Burlington and Quincy Railroad. Commencing on South Clark street at a point intersecting said Randolph street track, and thence southerly, with a single or double track, in and along the course of said Clark street, to Polk street; and thence westerly, with a like track, in and along the course of said Polk street, to Wells street. Commencing on State street, at the intersection of Van Buren street, thence westerly, on Van Buren street, and in and along said Van Buren street, to the southwestern plankroad. Commencing on Harrison street, at its intersection with Canal street, and thence, with a like track, in and along said Harrison street, to Blue Island avenue; and thence, with a like track, in and along the-course of said Blue Island avenue, to the Chicago, Burlington and Quincy Railroad. Commencing on Twelfth street, at the intersection with State street railway, and thence easterly, with a single or double track, in and along the course of said Twelfth street, to Wabash avenue; thence south, with a like track, in and along said Wabash avenue, to Old street; thence, in and along said Old street, to Indiana avenue; thence, in and along Indiana avenue, to intersect with the Cottage Grove railway. Also, commencing on Twelfth street, at the intersection of State street, thence westerly, in and along said Twelfth street, with a like track, to the intersection of Blue Island avenue. SEC. 3. The said railway upon Randolph street, as afore- When to be said, is to be completed from said State street to Union ompleted. Park, aforesaid, within three months, and from said Union Park to Robey street, within five months after the passage of 26 401 SPECIAL LAWS AND ORDINANCES. this ordinance. The said railway upon Lake street, as aforesaid, to be completed, from said Market street to 'Union Park, as aforesaid; that upon South Wells street, as aforesaid, is to be completed from Randolph to Polk street, aforesaid; and that upon South Clark street, as aforesaid, is to be completed from said Randolph street to said Van Buren street, and in and along Van Buren street to the southwestern plankroad, severally, within eighteen months from the passage of this ordinance. And the said railway upon Canal street is to be extended and completed to the Chicago, Burlington and Quincy Railroad, and the said railways on Harrison street to Blue Island avenue, and on Blue Island avenue southerly to Twelfth street, are to be completed within one year from the passage of this ordinance. And the said railways upon Desplaines street and Milwaukee avenue are to be extended and completed to the city limits before the first day of the next session of the legislature of this State. The other of said railways included in the second section aforesaid, and not above in this section specified, shall be completed as soon after the passage hereof as may be practicable; but whenever the common council shall determine that the public interest requires any one of said railways last mentioned, to be constructed or extended, and shall by ordinance direct that such railway shall be constructed or extended, as the case may be, then said company shall be required to complete such construction or extension in sixty days after being notified of such ordinance: Provided, however, That such ordinance shall include but one street only; that then there shall be an interval of at least three months between such ordinances, and that the same shall not be made at an unseasonable time of year for doing such work Power, and SEc. 4. The cars to be used upon said tracks shall be 4ars. operated with animal power only; and shall not connect with any other railroad on which other power is used, and no railway car or carriage used upon any other railroad in this State shall be used upon any of said tracks. Passengers; SE-C. 5. The said tracks and railways shall be used for cars; coune'reuay no other purpose than to transport passengers and their regulate. ordinary baggage, and the cars and carriages for that pur 402 HIORSE RAILWAYS. pose shall be of the best style and class in use on such rail ways. The common council shall have power at all times to make such regulations as to the rate of speed and time of running said cars or carriages as the public safety and convenience may require. SEC. 6. The track of any such railways shall not be Tmriks, how laid. elevated above the surface of the street; shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said tracks, at any and all points, and in any and all directions, without obstruction: Provided, Whenever the said railway company construct two tracks on the same street, that the said tracks shall be constructed perfectly parallel, as far as practicable. SEc. 7. The rate of fare for any distance shall not ex- Fare. ceed five cents, except when cars or carriages shall be chartered for special purposes. SEC. 8. The said company shall, as respects the grading, Oradlng paving, etc. paving, macadamizing, filling or planking of the streets or parts of streets upon which they shall construct their said railways, or any of them, keep eight feet in width along the line of said railway, on all streets whereon one track is constructed, and sixteen feet in width along the line of said railway, where two tracks are constructed, in good repair and condition during all the time to which the Repairs. privileges hereby granted to said company shall extend, in accordance with whatever order or regulation respecting the ordinary repairs thereof, may be passed or adopted by the common council of said city. And the said company shall Damages be liable for all legal consequential damages which may be sustained by any person by reason of the carelessness, negligence or misconduct of any of the agents or servants of the said company in the course of their employment in the construction or use of the railways aforesaid, or any or either of them. SEC. 9. If the said company shall fail to complete any of Fooreolture for not the aforesaid railways, in said second section mentioned, at completig. the time mentioned and provided, and according to the conditions prescribed in the third section of this ordinance, then the rights and privileges granted by virtue hereof, respecting the said railways in the said second section mentioned, shall 403 SPECIAL LAWS AND ORDINANCES. be forfeited, together with all or any improvements made upon any of the said railways, to the city of Chicago, unless the common council of said city shall grant to said company a further extension of time: Provided, That if said company is delayed by the order or injunction of any court, the time of such delay shall be excluded from the time above prescribed. Rights of SEC. 10. All rights heretofore vested in the board of ,others. water commissioners and sewerage commissioners, or other corporations, are not to be impaired or affected by anything herein contained, but the rights and privileges hereby granted are subject thereto. Forhtmern SEC. 11. All the rights and privileges heretofore granted, rights con. tinued. or intended to be granted, to the said Franklin Parmelee, Liberty Bigelow and Henry Fuller, by an ordinance entitled "An Ordinance authorizing the construction and operation of certain horse railways in the streets of the city of Chicago," or any amendment thereto, are hereby granted and con firmed to the said "The Chicago City Railway Company," and its successors. Bond. SEC. 12. The said Franklin Parmelee, Liberty Bigelow, Henry Fuller and David A. Gage, shall enter into a bond with the city of Chicago in the penal sum of dollars, conditioned for the faithful perform ance by said company of all the terms and conditions of this ordinance, and that the railways aforesaid shall be completed at the time and in the manner in this ordinance specified, unless delayed by the order or injunction of some court of competent jurisdiction from so completing the same. And until such bond is made by the said parties, this ordi nance is to have no force or effect whatever. Passed May 23, 1859. AN ORDINANCE amendatory of the Ordinance entitled " An Ordinance authorizing the extension and operation of certain Horse Railways in the Streets of the South and West Divisions of Chicago," passed May 23, 1859. SxcTIoN 1. Amending third section of last ordinance, by extending the time for constructing said railways. SECTION 1. Be it ordained by the Comnon Council of the 'ty of Chicago, That the third section of the ordinance en 404 HORSE RAILWAYS. titled "An Ordinance authorizing the extension and ope- Extending time for ration of certain horse railways in the streets of the south construction and west divisions of Chicago," be, and the same is, hereby so amended that the time for the construction of the railway track on Clark street in said ordinance mentioned, be extended for the period of ten years, and that the time for the construction of the several railways, and each and every one thereof in said section mentioned or referred to, be extended for the period of five years beyond the time mentioned in said ordinance for the completion thereof: Provided, however, That the Blue Island avenue and the Milwaukee avenue lines shall severally be completed within the period of two years from the passage of this ordinance. Passed February 13, 1860. AN ORDINANCE to accept a certain Resolution of the Chicago City Railway Company. SECTION 1. Repealing ninth and twelfth sections of ordinance of May 28,1859, by reference to a resolution of The Chicago City Railway Company, following this ordinance. SECTION 1. Be it ordained by the Commnon Council of the Repealing tyby reference 'ty of Chicago, That the resolution of The Chicago City toyrefsolu tion followRailway Company, passed on the 18th day of February, ingthis 1860, tendered to this body, (to which reference is hereby made,) whereby the said company obligates itself to postpone the laying down of its track on South Clark street, for and during the period of ten years, be, and the same is, hereby in all things accepted, and said amendatory ordinance therein mentioned, affirmed. Passed March 9, 1860. Resolution referred to in foregoing Ordinance. Resolved, That this company hereby accepts of the provisions of the ordinance of the common council of the city of Chicago, passed on the 13th day of February, 1860, amendatory of the 3rd section of an ordinance entitled " An ordinance authorizing the extension and operation of certain horse railways in the streets of the south and west divisions of Chicago," passed May 23, 1859. And in consideration thereof, and of the repealing by said council, (to be signified by acceptance hereof,) of the ninth and twelfth sections of the above entitled ordinance, this company, as to said South Clark street, will and hereby does agree to the postponement of laying down its track along said street, or any part thereof, for and during the time in said amendatory ordinance mentioned: Provided, That nothing herein contained shall prevent this company from using so much of said 4.05 SPECIAL LAWS AND ORDINANCES. street as shall be necessary to m The North Chicago City Railway of the common council hereafter CHICAGO CITY RAILWAY OFFIC CITY OF CHICAGO. The Chicago City Railway Comr a true copy of a resolution passed pany, at a meeting of said b, 1860. Witness my hand and the cor of February, A. D. 1860. GEO. W. FULLER, Secretary Chicago Cidy Railway Company. AN ORDINANCE exempting Canal Street and other Streets from Railway Uses, by substitution, and for other purposes. SICTION 1. Change as to streets on which rail ways are to be constructed; certain streets to be kept free from rail ways. SBOTION 2. Extension of time in which to con struct railways upon certain streets; manner of construction and opera tion; time and rate of speed. 8. Forfeiture for failure to construct in time specified; proviso as to in junctions. SECTION 1. Be it ordained by the Common Council of the aity of Ohicago, That in consideration of the extending by the Chicago City Railroad Company, of its railway upon West Lake street, from Robey street to the west limits of the city, within ninety4days from the passage hereof, and the release and surrender by said company of any and all right to lay down a railway track along the course of either Canal street, Harrison street, or Lake street, from the east line of Market street to the same line of Desplaines street, and which said streets, so released, the said city is to preserve and keep at all times free from any such railway, authority and consent are hereby given and granted unto said company to lay down and use a single or double track for a railway, with all necessary and convenient tracks for turn-outs and switches in and upon Desplaines street, from Lake street, aforesaid, to Randolph street, and in, upon and along Halsted street, from said Lake street, southerly, to Blue Island avenue, and thence on Blue Island avenue to the city limits, but which last mentioned railway on said Halsted street and Blue Island avenue, said company shall not be required So construct at any time within three years from the passage hereof Change as to streets on which railways are to be constructed. 406 [SEAL.] HORSE RAILWAYS. SEC. 2. That the ordinance entitled "An Ordinance Extoenion of time in authorizing the construction and operation of certain horse whicth to construct. railways in the streets of the city of Chicago," passed August 16th, 1858, and also the ordinance entitled "An Ordinance authorizing the extension and operation of certain horse railways in the streets of the south and west divisions of Chicago," passed May 23rd, 1859, and all amendments thereof, be, and the same are, hereby so amended as that the time therein prescribed; for the construction of the several railways therein mentioned, except said West Lake street, from Robey to the city limits, aforesaid, and also excepting the railway upon Desplaines street and Milwaukee avenue, north of Lake street, aforesaid, is extended for the period of five years. That both as to the Manner of construeconstruction and maintenance of each and every of the tionand aforesaid railways, said company shall use suitable rails of operation not less than a five-inch flange, (except on Lake street west of Robey street,) for the purpose; shall avoid the unnecessary elevation of their tracks above the surface of the streets, and so lay, or where laid, so maintain the same as not necessarily to obstruct the passage of carriages or vehicles over them, or to impair the usefulness of the streets whereupon they are laid; shall run cars or carriages thereon of a suitable style and description, and at all such times and rate of speed as the public convenience and safety shall, to it, seem to require. SEC. 3. That if the said company shall fail to construct rrfofeaiture for failure any portion of the railways aforesaid, within the time pre- to consmtruct in time scribed- for doing the same, it shall thereupon forfeit all specified. right to such portion; and if it fail to construct said railway on West Lake street, from Robey street to the city limits, within ninety days as aforesaid, it shall thereupon forfeit all and singular the rights, privileges, and extension of time by this ordinance granted, conferred, or intended, and all parts of the several ordinances aforesaid, inconsistent with any of the provisions of this ordinance, are hereby repealed: Provided, That if said company shall be delayed Proviso ans to by the order or injunction of any court of competent jurisdiction from completing any of the railways aforesaid, the 40 SPECIAL LAWS AND ORDINANCES. time of such delay shall be excluded from the period prescribed herein for completing the same. Passed November 18, 1861. Resolution and Release referred to in foregoing Ordinance. Resolved, That upon the approval by the mayor of the city of Chicago, of an ordinance passed on the 18th day of November, 1861, by the common council of said city, entitled An Ordinance exempting Canal street and other streets from railway uses, by substitution, and for other purposes," the president and secretary of this company are authorized to sign, seal and deliver to the said city of Chicago, on behalf of this company, a release in the following form, that is to say: CHICAGO CITY RAILWAY OFFICE,.. CITY OF CHICAGO, I, Geo. W.'Fuller, Secretary of The Chicago City Railway Company, do hereby certify that the above is a true copy of a resolution of record passed by the board of directors of said company, on the 19th day of November, A. D. 1861. Witness my hand and the corporate seal of said company, this 19th day of November, A. D. 1861. GEO. W. FULLER [SEAL.] Secretary of the Chicago City R. W. Co. KNOW ALL MEN BY THESE PRESENTS, That The Chicago City Railway Company, for and in consideration of the passage by the common council, and the approval of the mayor of the city of Chicago, of a certain ordinance entitled "An Ordinance exempting Canal street and other streets from railway uses, by substitution, and for other purposes," have, and by these presents do hereby release and surrender unto the said city of Chliicago, any and all right to lay down a railway track along the course of either Canal street, Harrison street or Lake street, from the east line of Market street to the same line of Desplaines street: Provided, however, That nothing herein contained shall be so construed as to affect the right of said railway company to cross said Canal street at the point of intersection therewith by any east and west street upon which said company has the right to a railway track, or to cross said Harrison street at the point of intersection therewith by Halsted street. In Testimnony Whereof, The said The Chicago City Railway Company has caused these presents to be signed by its president and secretary, and its corporate seal hereunto affixed, this 19th day of November, A. D. 1861. W. H. WAITE, Pres't. [SEAL.] GEO. W. FULLER, Sec'y. AN ORDINANCE concerning the State Street Horse Railway. SECTION SECTION 1. Permission to lay track for fair in 2. Track to be taken up within twenty 1862. days after the fair. Permission SECTION 1. Be it ordacined by the Common Council of tlhe to lay track. Cty of Chicago, That the Chicago City Horse Railway Company be and is hereby permitted to build and lay down temporary tracks from Ringgold place to city limits on State street, and run cars thereon during the holding of the United States Horse Fair in September next. Track to be SEC. 2. That said company shall have the privilege and taken up. be compelled to take up said track within twenty days after 408 HORSE RAILWAYS. 409 the expiration of said fair, and leave said street in as good condition as it is at the present time. Passed August 11, 1862. AN ORDINANCE authorizing temporary Horse Railroad Tracks in the South Division. SECTION SECTION 1. Permission to lay and operate track 2. Track to be under directions of board on certain streets during construc- of public works. tion of sewer on other streets; re moval; terms and conditions. SECTION 1. Be it ordained by the Common Uouncil of the Permtlssion to lay track. City of Uhicago, That The Chicago City Railway Company is hereby authorized to lay a single or double track for a railway on State street, between Twenty-second and Twenty third streets, and on Twenty-third street between State street and Cottage Grove avenue, and to operate the same in connection with the horse railroad of said company now on State street and Cottage Grove avenue: Provided, That Proviso for removal. said railway track shall be continued only during the construction of the main sewer now building on Twenty-second street between Cottage Grove avenue and State street, and that when said sewer is completed, the said track shall be removed by said company, and the said street be by them restored to as good condition as before being occupied by said track: And provided fiurthier, That said railway company, in the laying, maintaining and operating said temporary railway, shall be subject to all the general liabilities, Terms and conditions. regulations, restrictions and conditions concerning the same, and during its continuance in said streets as herein above provided, as by the laws of this State or the ordinances of the city of Chicago are imposed on said company concerning other railway tracks laid and operated by them in the south division of said city. SEC. 2. The said temporary railway track shall be laid Undetionof direction of by The Chicago City Railway Company, under the direc- board of pubic works tions of the board of public works, subject, however, to any regulations as to the manner of laying the track required by any existing ordinances of the city. . Passed August 10, 1863. 409 ITORSE RAILWAYS. 3SPECIAL LAWS AND ORDINANCES. AN ORDINANCE for the preservation of certain Streets of Chicago from Railway Uses. SECTION SECTION 1. Certain streets named, to be kept 8. Saving of city from liability for dam from railway uses for twenty years. ages. 2. Penalty for entering, etc., upon such 4. Ordinance to take effect upon accept streets to construct railway. ance and execution of covenants by railway companies. Certain SECTION 1. Be it ordained by the Common Council of the streets named, to be kedtfrom Cty of Chicago, That whereas, by an act of the general railway uses assembly of the State of Illinois, entitled "An Act to profor twenty years. mote the construction of horse railways in the city of Chi cago," approved February 14, 1859, and by an ordinance of the common council of said city entitled "An Ordinance authorizing the construction and operation of certain horse railways in the streets of the city of Chicago," passed August 16, 1858; and, also, by a certain other ordinance of said city, in pursuance of the act aforesaid, entitled "An Ordinance authorizing the extension and operation of cer tain horse railways in the streets of the south and west divisions of Chicago," passed May 23, 1859; and, also, by an ordinance of said city entitled "An Ordinance exempt ing Canal street and other streets from railway uses by sub stitution, and for other purposes," passed November 18, 1861, authority and consent were and are duly granted to, vested in and accepted by The Chicago City Railway Com pany and its assigns, to construct single or double track horse railways in, upon and along certain streets of said city, and to use the same for the period in said ordi nances mentioned, among which said streets so mentioned are Wabash avenue and Lake street: and whereas, it is deemed and considered by the common council of said city that the permanent interest and welfare of said city demand the exclusion of all such railways from said Wabash ave nue and from all of said Lake street east of the east line of Peck street, and from certain other streets hereinafter named, and that the same should be kept at all times free from such railways, and that no other railways than those above authorized should be permitted upon the streets in said ordinances mentioned, or those wherein they are now in use: whereas, also, The Chicago West Division Rail way Company, in pursuance of an act of said general 410 HORSE RAILWAYS. assembly, entitled "An Act to authorize the extension of horse railways in the city of Chicago," approved February 21, 1861, has acquired by contract with the said Chicago City Railway Company, all such right to use said streets as was and hereby is granted to said last named company as aforesaid, as to all the streets in said west division, and certain of the streets in the south division of Chicago, in said ordinances mentioned; and the said respective railway companies are now willing to give up and effectually to surrender to the city of Chicago any and all right to construct or use any railway along the course of any portion of said Wabash avenue, or of said Lake street east of the east line of Peck street, and also each of said corporations to enter into covenant, under their respective corporate seals, to and with the city of Chicago, to absolutely refrain, for all time hereafter, from constructing or using any railway along the course of either of said streets as last named, or of Michigan avenue, Third avenue, Washington street, Monroe street, Adams street or West Jackson street, (except necessary crossings of said streets), upon condition that the railways of all other persons or corporations shall likewise be excluded therefrom: now, therefore, in consideration of all and singular the premises, of said release and surrender as aforesaid, and of the making of the covenant by the said respective railway companies as aforesaid, the said common council do, by virtue and in pursuance of the said acts of the general assembly of the State of Illinois, and the powers therein otherwise vested by law, and for the promotion of the permanent interests of said city, ordain and declare that no railway track shall be constructed or used for or during the period of twenty years next hereafter, along the course of either Michigan avenue, Wabash avenue, Third avenue, Washington street, Lake street east of the east line of Peck street, Monroe street, Adams street or West Jackson street, or along any part or portion of the course thereof, nor shall the railway of any person or corporation, other than those above named and authorized as aforesaid, be constructed or used in, upon or along any of the several streets in said ordinances mentioned. SEc. 2. That if any person or corporation shall enter 411 SPECIAL LAWS AND ORDINANCES. Penalty for upon either said Michigan avenue, Wabash avenue, Third entering, etch uproeets avenue, Washington street, Lake street east of the east line to construct of Peck street, Monroe street, A, lams street or West Jackrailway. son street, or any portion of the same, (except at their crossings), or dig up any portion of said several streets, or bring upon any portion thereof any timber, ties, rails or other materials, with the intention of constructing any rail way track along the course, in or upon either of said streets, said person or corporation, and all who shall be aiding or abetting, shall be subject to a fine of one hundred dollars for each and every offense. Saving of SEC. 3. This ordinance shall not be construed to create ,it& from iality any obligation, either express or implied, which shall in any event render the said city of Chicago liable to any action or claim for damages at the suit of either of the horse railway companies herein before mentioned, or their successors or assigns. Ordinance SEC. 4. This ordinance shall be in force and take to take effect, etc. effect as soon as the same shall have been duly accepted by the said Chicago City Railway Company and The Chicago West Division Railway Company, and the cove nants herein before mentioned shall have been duly exe cuted by said companies respectively. Passed November 16, 1863. Covenants referred to in foregoing Ordinance. WHEREAS, At a regular meeting of the common council of the city of Chicago, held on the 16th day of November, A. D. 1863, an ordinance was passed, entitled "An Ordinance for the preservation of certain streets of Chicago from railway uses," to which reference is hereby made as a part hereof; and whereas, it is, amongst other things in substance recited in said ordinance, that The Chicago City Railway Company is willing to give up and effectually surrender to the city of Chicago any and all right to construct or use any railway along the course of any portion of Wabash avenue or of Lake street east of the east line of Peck street, in said city; and also to enter into covenant under its corporate seal. to and with the city of Chicago, to absolutely refrain for all time hereafter from constructing or using any railway along the course of either of said streets last named, or of Michigan avenue, Third avenue, Washington street, Monroe street, Adams street or West Jackson street, (except necessary crossings of said streets,) upon certain conditions in said ordinance mentioned. Now, therefore, to signify the acceptance of the said ordinance, by the said Chicago City Railway Company, and to cause the same to go into force and effect as therein provided, these articles of agreement, made and entered into this 21st day of November, A. D. 1863, between the said The Chicago City Railway Company, the party of the first, and the city of Chicago, party of the second part, witness, that the party of the first part, in con 412 IIORSE RAILWAYS. 413 sideration of the passage by the common council of the said ordinance as aforesaid, and the conditions and provisions therein contained, and in pursuance of a resolution of the board of directors of the said party of the first part, this day duly passed, has, and hereby does give up, effectually surrender and release to the said party of the second part, any and all right of the party of the first part to construct or use any railway along the course of any portion of Wabash avenue, or of Lake street east of the east line of Peck street, in said city, and does hereby covenant and agree to and with the said party of the second part, in pursuance of said ordinance, that it, the said party of the first part, will absolutely refrain, for all time hereafter, from constructing or using any railway along the course of either of said last named streets, or along the course of either Michigan avenue, Third avenue. Washington street, Monroe street, Adams street or West Jackson street, (except necessary crossings of said streets,) upon the conditions aforesaid: Provided, That nothing herein contained shall be so construed as to in any manner affect any of the rights of the said party of the first part to construct or use a railway upon any street of said city, not herein above specified. Wherefore the said party of the first part has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed, the day and year above written. D. A. GAGE, Presidend Chicago City Railway Co. [SEAL.] GEO. W. FULLER, Secretary Chicago City Railway Company. WHEREAS, At a regular meeting of the common council of the city of Chicago, held on the 16th day of November, A. D. 1863, an ordinance was passed, entitled "IAn Ordinance for the preservation of certain streets of Chicago from railway uses," to whlich ordinance reference is hereby made as a part hereof; and whereas, it is, amongst other things in substance recited in said ordinance, that The Chicago West Division Railway Company is willing to give up and effectually surrender to the city of Chicago any and all right to construct or use any railway along the course of any portion of Wabash avenue, or of Lake street east of the east line of Peck street in said city, and &]so to enter into covenant under its corporate seal to and with the city of Chicago, to absolutely refrain for all time hereafter, from constructing or using any railway along the course of either of said streets last named, or of Michigan avenue, Third avenue, Washington street, Monroe street, Adams street, or West Jackson street, (except necessary crossings of said streets,) upon certain conditions in said ordinance mentioned. Now, therefore, to signify the acceptance of the said ordinance by the said The Chicago West Division Railway Company, and to cause the same to go into force and effect as therein provided, these articles of agreement, made and entered into this twenty-first day of November, A. D. 1863, between the said The Chicago West Division Railway Company, the party of the first, and the city of Chicago, party of the second part, witness, that the party of the first part, in consideration of the passage by the common council of the said ordinance, as aforesaid, and the conditions and provisions therein contained, and in pursuance of a resolution of the board of directors of the said party of the first part, this day duly passed, has, and hereby does give up, effectually surrender and release to the said party of the second part, any and all right of the party of the first part to construct or use any railway along the course of any portion of Wabash avenue, or of Lake street east of the east line of Peck street, in said city, and does hereby covenant and agree to and with the said party of the second part, in pursuance of said ordinance, that it, the said party of the first part, will absolutely refrain, for all time hereafter, from constructing or using any railway along the course of either of said last named streets, or along the course of either Michigan avenue, Third avenue, Washington street, Monroe street, Adams street, or West Jackson street, (except necessary crossings of said streets,) upon the con 413 HORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. ditions aforesaid: Prov~~~~~~sd, that nothing herein contained shall be ~~~~~~~~~~o con-~ strued as to in any manner affect any of the rights of the said party of the first part to construct or use a railway upon any street of said city not Wherefore the said party of the first part has caused these presents to J. R. JONES, Presidend The Chicago West Divion Railway Company. [SEAL.] WM. H. OVINGTON, Seertary The Chicago Wet Division Railway Company. AN ORDINANCE for releasing of North Desplaines Street from Rail way uses, and the substitution of North Halsted street. SECTION SEOTION 1. Track to be removed from Desplaines 8. Time in which ordinance to be corn to North Halsted street; proviso plied with; forfeiture for failure. against single track. 4. Ordinance to take effect on execution 2. Grading, paving, repair, etc., of of release byrailway company. street, and condition of track. Track to be SECTION 1. Be it ordained by the Common Council of the removed Desmlainef roity of Chicago, That because of the numerous steam railto alqodh way tracks now laid and in use on Kinzie street, whereby a Halsted street. horse railway upon said Desplaines street would be seriously obstructed in its connection with that upon Milwaukee avenue, and made both dangerous and inconvenient to the public, and in consideration of the release by The Chicago West Division Railway Company to the city of Chicago of any and all right to use said Desplaines street for railway purposes, authority and consent are hereby given and granted unto said railway company to remove its railway tracks from said Desplaines street, and to lay down and use a double track for a railway, with all necessary or conven ient tracks for curves, turn-outs and switches, in and upon said North Halsted street, from the south line of West Lake street to the north line of Milwaukee avenue, subject to the conditions of the ordinances heretofore passed con cerning said railway company or The Chicago City Railway Company, and all ordinances which may be hereafter passed concerning said West Division Railway Company: Provided, That no authority is hereby or shall be given to said com pany to construct or operate a single track on said North lalsted street. Grading, SEC. 2. The said Chicago West Division Railway Compaving, etc. pany, its successors or assigns, as respects grading, paving, 414 HORSE RAILWAYS. 45 macadamizing, filling or planking, shall, at their own expense, keep sixteen feet in width in repair on said North Halsted street, so far as the same is embraced in this ordinance, and keep their tracks in such condition that Cnadition or track. wagons, carriages and other vehicles can pass and repass at any and all points, and in any and all directions, and shall be subject to assessment for paving, repaving, planking, replanking, or any other kind of new improvement which may by ordinance be ordered at any time by the common council. SEc. 3. The said railway company shall remove its wmehin ordinance to track from said Desplaines street, and restore said street to be comnnplied its former state within thirty days from the time of the with. approval of this ordinance, and shall also within three months from said time construct a railway on said Halsted street, from the south line of said Lake street to said Milwaukee avenue, unless restrained by the order or injunction of some court of competent jurisdiction from so doing; and in case said company shall fail to remove said track Forfeiture from said Desplaines street, and construct a railway on Hal- for failure. sted street, according to the provisions of this ordinance, then the same shall forfeit all the rights and privileges by this ordinance granted or conferred. SEc. 4. This ordinance shall be in force from the time Ordinance to take of the execution of the said release by the said The Chi- effect, etc. cago West Division Railway Company, under the hands of its proper officers and corporate seal, and the delivery thereof to the clerk of the city of Chicago. Passed March 14, 1864. AN ORDINANCE for the releasing of North Desplaines Street from Rail way Uses, and the substitution of North Halsted Street. SECTIOi SEcTION 1. Track to be removed from Desplaines S. Time in which ordinance to be com to North Halsted street; proviso plied with; forfeiture for failure against single track. 4. Ordinance to take effect on execution 2 Grading, paving, repairing, etc., of of release by railway company. street, and condition of track. SECTION 1. Be it ordained by the Common Counci, of the Track to be removed 'ty of Chicago, That because of the numerous steam rail- from Des plaines to way tracks now laid and in use on Kinzie street, whereby North Hal sted street. 415 HORSE RAILWAYS. SPECIAL LAWS AND ORDINHNOES. a horse railway upon said Desplaines street would be seri ously obstructed in its connection with that upon Milwaukee avenue, and made both dangerous and inconvenient to the public, and in consideration of the release by The Chicago West Division Railway Company to the city of Chicago of any and all right to use said Desplaines street for railway purposes, authority and consent are hereby given and granted unto said railway company to remove its railway tracks from said Desplaines street, and to lay down and use a double track for a railway, with all necessary or conven ient tracks for curves, turn-outs and switches, in and upon North Halsted street, from the south line of West Lake street to the north line of Milwaukee avenue, subject to the conditions of the ordinances heretofore passed concerning said railway company or The Chicago City Railway Compa ny: Provided, That no authority is hereby or shall be given to said company to construct or operate a single track on said North Halsted street. Grading, SEC. 2. The Chicago West Division Railway Compaving, etc. pany, its successors or assigns, as respects grading, paving, macadamizing, filling or planking, shall, at their own ex pense, keep sixteen feet in width in repair on said North Halsted street, so faras the same is embraced in this ordiCondition nance, and keep their tracks in such condition that wagons, of track. carriages and other vehicles can pass and repass at any and all points, and in any and all directions, and shall be sub ject to assessment for paving, repaving, planking, replank ing, or any other kind of new improvement which may by ordinance be ordered at any time by the common council, on said Halsted street Time in SEC. 3. The said railway company shall remove its track which ordinance to be from said Desplaines street, and restore said street to its complied with former state within thirty days from the time of the ap proval of this ordinance, and shall also, within three months from said time, construct a railway on said Halsted street, from the south line of said Lake street to said Milwaukee avenue, unless restrained by the order or injunction of some Forfeitnre court of competent jurisdiction from so doing; and in case for failure. said company shall fail to remove said track from said Des plaines street and construct a railway on Halsted street, 416 HORSE RAILWAYS. according to the provisions of this ordinance, then the same shall forfeit all the rights and privileges by this ordinance granted or conferred. SEC. 4. This ordinance shall be in force from the time Ordiance to take of the execution of the said release by the said The Chicago effect, etc. West Division Railway Company, under the hands of its proper officers and corporate seal, and the delivery thereof to the clerk of the city of Chicago. Passed March 28, 1864. Release referred to in foregoing Ordinance. KNOW ALL MEN BY THESE PRESENTS, That The Chicago West Division Railway Company, for and in consideration of the passage by the common council and the approval by the mayor of the city of Chicago, of a certain ordinance entitled "An Ordinance for the releasing of North Desplaines street from railway uses, and the substitution of North Halsted street," have, and, by these presents, do hereby release and surrender unto the said city of Chicago any and all right to lay down a railway track along the course of North Desplaines street, between Randolph street and Milwaukee avenue. Witness the hands of the president and secretary of said company, and its corporate seal, this fourth day of April, A. D. 1864. J. R. JONES, President. [SEAL.] WM. H. OVINGTON, Secretary. AN ORDINANCE authorizing temporary Horse Railway Tracks on Clin ton Street, between Madison and Randolph Streets. SEcTION SFCTION 1. Permission to lay track during build- 3. Penalty for not removing within ing of Randolph street bridge; re- twenty days after bridge is com moval when bridge is completed; pletedand in general use. regulations, conditions, etc. 4. Ordinance to take effect, etc. 2. Track under direction of board of public works. SECTION 1. Be it ordained by the Cormmon Council of the Permisision to lay track. City of Chicago, That The West Division Railway Company is hereby authorized to lay a single or double track for a railway on Clinton street, between Madison and Randolph streets, and to operate the same in connection with the horse railroads of said company, now on Randolph and Madison streets: Provided, That said railway track shall be continued only during the construction of the proposed new bridge across the Chicago river at Randolph street, and that when said bridge is completed, the said track shall be removed RemovaL by said company, and the said street be by them restored to as good condition as before being occupied by said track: 27 417 SPECIAL LAWS AND ORDINANCES., Regulations, And provided further, That the said railway company, in etc. the laying, maintaining and operating said temporary rail way, shall be subject to all the general liabilities, regulations and conditions concerning the same, during its continuance in said street, as herein above provided, as by the laws of the State and the ordinances of the city of Chicago are imposed on said company concerning other railway tracks operated by them in the city of Chicago. Direction of SEC. 2. The said temporary railway track shall be laid board of public by the said West Division Railway Company, under the works. direction of the board of public works, subject, however, to any regulation, as to the manner of laying the track, re quired by any existing ordinance of this city. Penalty for SEC. 3. Should the said company, its successors or asnot removing. signs, fail or neglect to remove the said temporary railway track or tracks and superstructure from off said Clinton street, within the first twenty days next ensuing the day on which the proposed new bridge at Randolph street shall be completed and in general use, the said company, its successors or assigns, shall, for each and every day, after the lapse of said twenty days, that the said railway track or tracks and superstructure are allowed to be and remain upon said Clinton struet, be fined in the sum of fifty dol lars, to be collected as other fines. Ordinance SEC. 4. This ordinance shall take effect and be in force take effect. from and after its passage and due publication. Passed March 28, 1864. AN ORDINANCE concerning Horse Railways on Clinton Street. SECTION 1. Former ordinance amended so as to change temporary to permanent use of street for railway. SECTION 2. Grading, paving, repair, etc., of street; condition of track. 3. Ordinance to take effect from its passage. SECTION 1. Be it ordained by the Common Council of the City of Chicago, That the ordinance entitled "An Ordinance authorizing temporary horse railway tracks on Clinton -street, between Madison and Randolph streets," passed March 28th, 1864, be so amended as that the third section and the Former ordinance amended so as to change temporary to permanent use. 418 -~~~JOS RALAS 41 provisions of said ordinance for a temporary use only of said Clinton street, be, and the same are hereby repealed. SEC. 2. That all the provisions and conditions contained Grading, paving, eto. in the second section of an ordinance entitled "An Ordi- pving, etc. nance for the releasing of North Desplaines street from railway uses, and the substitution of North Halsted street," condition 'of track. passed March 28th, 1864, so far as the same applies to said Halsted street, be, and the same is hereby applied to said railway on Clinton street. SEc. 3. This ordinance shall take effect from and after Ordinance take effect. its passage. Passed July 11, 1864. AN ORDINANCE creating new lines of Horse Railways, extending others, and regulating the use thereof. SECOTION 1. The Chicago West Division Railway Company authorized to construct and operate railways on certain streets named, with the consent of the owners of two-thirds of the property fronting on such streets. 2. Time in which such railways shall be constructed. SECTION 8. Grading, paving, repair, etc., of streets by the company; kind of rail, and general regulations. 4. Only animal power to be used; con nection with, and use of track by other railway companies. 5. Facilities for funerals; fare, etc. 6. Ordinance in force from its passage. SECTION 1. Be it ordained by the Common Council of the The Chicago West Divis City of Chicago, That in consideration of the acceptance ion Railway Company hereof, and the undertaking by The Chicago West Division authorized to construct, Railway Company to comply with the provisions of this etc., on cer tain streets ordinance, authority and consent is hereby given and granted named. unto the said The Chicago West Division Railway Company, its successors and assigns, to construct, lay down, operate and maintain horse railways, with the necessary side tracks and switches, in the manner and upon and along the several streets hereinafter mentioned. Commencing on Clinton street, at its intersection with Madison street, and running south, with a single or double track, to Harrison street; thence south, with a single track only, to Twelfth :-treet. Commencing on Meagher street, at its intersection with Canal street, and running west, with a single or double track, to Jefferson street; thence north, on Jefferson street, with a single or double track, to Twelfth street; thence north, with a single track only, to Harrison street; thence 419 ITORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. north, with a single or double track, to Van Buren street. Commencing on Chicago avenue, at the river, so as to con nect with the track of The North Chicago City Railway Company, and running west, with a single or double track, to the present or future city limits. Commencing on West Indiana street, at its intersection with Milwaukee avenue, and running west, with a single or double track, to the present or future city limits. Commencing on Catharine street, at its intersection with Blue Island avenue, and run ning west, with a single or double track, to Robey street. Commencing on Polk street, at the east line of Canal street, and running west, with a single or double track, to Jeffer son street. Commencing on Desplaines street, at its inter section with Van Buren street, and running south, with a single or double track, to Sebor street; thence west, on Sebor street, to Halsted street. Commencing on Halsted street, at Harrison street, and running south, with a single or double track, to the south branch of the Chicago river. And commencing on Halsted street, at Milwaukee avenue, and running north, with a single or double track, to the centre of the north branch of the Chicago river: Provided, CwnnllrltOff That the consent of the owners of two-thirds of the propproperty erty, by lineal measure, fronting upon said streets, shall first be obtained. Timeructfion- SEc. 2. The said The Chicago West Division Railway strulcting. Company, shall construct the railways aforesaid on Clinton street, Jefferson street and Meagher street, within ninety days from the passage of this ordinance, unless delayed by the order or injunction of some court of competent juris diction; and shall construct the railway on Chicago avenue, from Milwaukee avenue to Wood street, on West Indiana street, from Milwaukee avenue to Reuben street, and on Catharine street, from Blue Island avenue to Robey street, and on Halsted street, Desplaines street and Sebor street, within fifteen months from the passage of this ordinance. paviding,etc SEC. 3. The said The Chicago West Division Railway paving, etc, Company, its successors and assigns, shall, as respects the grading, paving, macadamizing, filling or planking of the streets or part of streets upon which they shall construct the said railways, or any of them, keep eight feet in width 420 HORSE RALAS 2 along the line of said railways, on all streets where one track is constructed, and sixteen feet in width along the line of said railways where two tracks are constructed, in good repair, so that wagons, carriages and other vehicles can pass and repass at any and all points, and in any and all directions; and when any new improvement, paving, repaving, planking or replanking, is ordered by the common council on any of said streets or parts of said streets, the said railway company shall, in the same manner and with like material as required of the owners of property as to other contiguous parts of the street, make such new improvements, on eight feet in width where a single track is used, or sixteen feet in width where a double track is used; and if the said company shall refuse or neglect to make such new improvement within a reasonable time, to be fixed by the ordinance, the work may be done by the city, and the cost thereof assessed by the board of public works on said company, and collected as other assessments, from any real or personal property of said company. But if the board of public works should deem it inexpedient that said new improvement should be so made by said company, then the same shall be done by the city as in other cases, and the costs thereof assessed upon and collected of said company in manner as aforesaid. And if the said company shall refuse or neglect to make any necessary repairs as aforesaid, or the repairs required by any ordinances heretofore passed, and now in force in respect to horse railway companies, after twenty days notice from the board of public works, the city may make the repairs and collect the cost thereof, by suit at law, in any court of competent jurisdiction. And said company shall construct all and singular Rail. its said respective railways of the kind of rail, and be subject to and governed by the ordinances in force respecting such General regulations, railways in the south and west divisions of Chicago, except as herein otherwise provided. SEc. 4. The cars to be used on said several railways Animal shall be operated by animal power only; and said railways power. shall not, or any of them, connect with any other railroad operated by other power; nor shall any other person or corporation operate or use any railway cars or carriages upon 421 I[IORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. Connection or along any or either of said tracks or streets wherein such with other roads. track is laid, without first having the consent, in writing, therefor of said railway company. Facilittes SEC. 5. Said railroad company shall keep on hand a for funerals. sufficient number of cars adapted to funeral purposes, in which shall be suitable compartments for carrying the corpse by itself; and, on application of any person, shall furnish not exceeding three cars, unless more shall be agreed upon, at some convenient point on the line of its said roads, so as not to hinder or delay other cars thereon, to convey the corpse and persons attending the funeral to any cemetery to which its lines or connections extend: Provided, That if its funeral cars shall all be engaged for funeral purposes before such application is made, the company shall not be bound to furnish the same until such prior engagement is fulfilled. And the said company shall make the best possible arrangement with the street railway companies whose lines do now or may hereafter extend to the cemeteries, to convey cars used for funeral purposes through to the cemeteries, so that the charge for conveying any corpse from points on said lines of railways through to Fare. the cemeteries, shall not exceed two dollars, and for each person attending such funeral not exceeding twenty-five cents for the round trip out and back. Ordinance SEC. 6. This ordinance shall be in full force and effect in force. from and after its passage. Passed August 17, 1864. - Stipulation in reference to foregoing Ordinance. WHEREAS, The common council of the city of Chicago has passed an ordinance entitled " An Ordinance creating new lines of horse railways, extending others, and regulating the use thereof;'," on the 17th day of August, A. D. 1864; and whereas, the following provision occurs in the third section thereof, to wit: " And said company shall construct all and singular its said respective railways of the kind of rail, and be subject to and governed by the ordinances in force respecting such railways in tho south and west divisions of Chicago, except as herein otherwise provided;" and whereas, some question has arisen as to whether the city of Chicago could, under said provision, regulate the kind of rail to be used by said company, now, for the purpose of removing all doubt on such question, Resolved, by The Chicago West -)ivision Railway Company, That said company admit, as a perpetual estoppel on it, its successors and assigns, that the said company are and shall be subject to the provisions of an ordinance passed by said common council on the 11th day of August, A. D. 1864, entitled " An Ordinance prescribing the gauge and rail to be used on horse railways in the city of Chicago," and any future ordinances here 422 HORSE RAILWAYS. after passed by the common council on the kind of rail to be used in said city on horse railways. And the said ordinance first named is and shall be accepted by The Chicago West Division Railway Company, with the express understanding and condition that the construction herein set forth shall be given to the clause quoted in the preamble hereof. OFFICE OF THE CHICAGO WEST DIVISION RAILWAY COMPANY, Chicago, August 25th, 1864. I hereby certify, that the foregoing is a true copy of a preamble and resolution passed this 25th day of August, A. D. 1864, by the Board of Directors of The Chicago West Division Railway Company. [SEAL.] WM. H. OVINGTON, Secretary. AN ORDINANCE relating to Horse Railways in the South Division of Chicago. SECTION 1. The Chicago City Railway Company authorized to construct and operate railways on certain streets named, with the consent of the owners of two-thirds of the property fronting on such streets. 2. Time in which such railways shall be constructed. SECTION 3. Kind of rail, and general regulations; grading, paving, repair, etc., of streets by the company. 4. Facilities for funerals; fare, etc. 5. Only animal power to be used; con nection with, and use of track by other railway companies. 6. Ordinance in force from its passage. SECTION 1. Be it ordai2ed by the Common Council of the TheChicety City City of Chicago, That in consideration of the acceptance -Railwpay, Company hereof, and the undertaking by The Chicago City Railway authorsitreudt here~~of, an the w a y. on to construct, Company to comply with the provisions hereof, authority, etai., on certain2 permission and consent are hereby given, granted and duly staeeetd. ~ n ~ ~ ~ ~ ~ ~ ~ ~~iamed. vested in the said company, its successors and assigns, to construct, lay down, operate and maintain a single or double track railway, with all necessary turn-outs, side tracks and switches, in, upon and along Eighteenth street from State street railway to the east line of Wabash avenue; on State street from the south line of Lake street, northerly to the centre of Chicago river, and.on Indiana avenue a single track, from Twenty-second street to the present or future city limits: Providled, That the consent of the owners Consent of owners of of two-thirds of the property by lineal measure fronting properrty. upon said streets respectively, shall first be obtained. SEC. 2. The said railway on Eighteenth street and Indi- Time of constructana avenue shall be constructed within fifteen months after ing. the passage of this ordinance, (unless restrained by a court of competent jurisdiction,) and the residue thereof as soon after the passage hereof as may be practicable; but whenever the common council shall duly determine that the 423 SPECIAL LAWS AND ORDINANCES. public interest requires any of said lines to be constructed, then said company may be required, by ordinance of said city, to construct the same within ninety days after the pas sage and actual notice of such ordinance. Rail. SEc. 3. Said company shall construct said several rail ways of the kind of rail prescribed by the ordinance passed August 11th, 1864, entitled "An Ordinance prescribing the gauge and rail to be used on horse railways in the city of Chicago," and all others hereafter passed on the subject of the kind of rails to be used by horse railways, and shall be regulaations subject to and governed by the ordinances of the common council of said city respecting horse railways in the south and west divisions, in force, except as herein otherwise proGrading, vieded. The said railway company, its successors or assigns, paving, etc as respects grading, paving, macadamizing, filling or plank ing, shall, at their own expense, keep eight feet in width where a single track is used, and sixteen feet in width where a double track is used, of said streets, or parts thereof, so occupied, in good repair, so that wagons, carriages and other vehicles can pass and repass at any and all points and i any and all directions, and when any new improvement, paving, repaving, planking or replanking, is ordered by the common council in any of said streets or parts of streets, the said railway company shall, in the same manner and with like material as required of the owners of property as to other contiguous parts of the street, make such new im provements, on eight feet in width where a single track is used, or sixteen feet in width where a double track is used; and if the said company shall refuse or neglect to make such new improvement within a reasonable time, to be fixed by the ordinance, the work may be done by the city, and the costs thereof assessed by the board of public works on said company, and collected as other assessments from any real or personal property of said company. But if the board of public works should deem it inexpedient that said new improvements on said streets should be made by said company, then the same shall be done by the city, as in other cases, and the cost thereof assessed upon and collected of said company in manner as aforesaid. And if the said company shall refuse or neglect to make any necessary 424 HORSE RAILWAYS. 425 repairs as aforesaid, or the repairs required by any ordinance heretofore passed and now in force in reference to the said railway company, after twenty days notice from the board of public works, the city may make the repairs and collect the cost thereof by suit at law in any court of competent jurisdiction. SEc. 4. Said railroad company shall keep on hand a fFoarciflitiersls sufficient number of cars adapted to funeral purposes, in which shall be suitable compartments for carrying the corpse by itself; and, on the application of any person, shall furnish not exceeding three cars, unless more shall be agreed upon, at some convenient point on the line of said roads, so it will not hinder or delay other cars thereon, to convey the corpse, and persons attending the funeral, to any cemetery to which its lines or connections extend: Provided, That if its funeral cars shall be all engaged for funeral purposes before such application is made, the company shall not be bound to furnish the same until such prior engagement is fulfilled. And the said company shall make the best possible arrangement with the street railway companies whose lines do now or may hereafter extend to the cemeteries, to convey cars used for funeral purposes through to the cemeteries, so that the charge of conveying any corpse from points on said lines of railways through to the cemeteries, shall not exceed two dollars, and for each person attending Fare. such funeral not exceeding twenty-five cents for the round trip out and back. SEC. 5. The cars to be used on said several railways Animal power. shall be operated by animal power only. Said railways shall not, or any of them, except as herein otherwise provided, connect with any other railroad operated by other power; nor shall the railway cars or carriages of any other person or corporation be used or operated upon or along any of the said railways, or any or either of the above mentioned streets, except with the consent of the said company. The said company is hereby permitted to operate or ConnectiOn with other use upon or along any of said railways the cars or vehicles roads. of any other railway company, person or corporation, for funeral processions. 425 HORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. Ordinance SEC. 6. This ordinance shall be in full force from and in force. after its passage. Passed August 22, 1864. AN ORDINANCE to promote the construction of Horse Railways to the Public Fairs. SECTION SECTION 1. Kind of rail on Indiana avenue and 2. Fare to fair grounds; time during State street. which this ordinance shall remain in force. Kind of rail SECTION 1. Be it ordained by the Common Council of the on Indiana avenue and City of Chicago, That in order to afford increased and com petent facilities for going to and from the public fair grounds in the southern suburbs of said city, The Chicago City Railway Company is hereby authorized to use, in ex tending its railways on Indiana avenue and State street, in said city, the pattern of rail therefor known as the Cleve land city pattern, all which rails to be so used on said streets to have a tram of not less than three inches in width, and to be laid within three months from the passage hereof. Fare to fair SEC. 2. That the said Chicago City Railway Company grounds. shall be authorized to collect and receive as fare for each passenger conveyed by it for any such fair, the sum of ten cents. The cars actually used for the purpose aforesaid, and those only, shall be properly designated, but shall not be so appropriated as to interfere with the ordinary street travel, and the carriage thereof. Nor shall anything herein contained be deemed in any manner to authorize said com pany to charge a sum exceeding five cents as to any other Timeduring passengers than those carried for said fairs: Provided, That which this ordinance this ordinance shall cease to be of any force and effect from shall remain in force. and after the 15th day of September A. D. 1865: And provided further, That if said State fair shall be postponed, that this ordinance shall remain in force for and until three days after the close of said fair in the year A. D. 1865. Passed June 12, 1865. 426 MORSE RAILWAYS. 427 AN ORDINANCE authorizing the construction and operation of Horse Railways in the North Division of the City of Chicago. SECOTION 1. Permission to The North Chicago City Railway Company to lay and ope rate tracks on streets, upon condi tions: tracks not to be within twelve feet of sidewalks when, etc. 2. Streets named. 8. Animal power only to be used; used only for passengers, etc.; cars to be best class. 4 Power of council to regulate speed and time of running. 5. Tracks, how to be laid. 6. Fare not to exceed five cents, except, etc. SE,CTION 7. Grading, paving, etc., of streets; lia bility for damages. 8. Forfeiture for failure to complete railways within times specified; proviso as to injunctions. 9. Rights of others not to be affected. 10. Rights, etc., under this ordinance to continue twenty-five years, and no longer. 11. Company to give bond; terms there of; ordinance not to take effect until bond is given. SECTION 1. Be it ordained by the Common Council of the Permission to lay and City of Chicago, That there is hereby granted to The North operailwteys on Chicago City Railway Company the consent, authority and streets. permission of the common council to lay a single track for a railway, with all necessary and convenient tracks for turnouts, side tracks and switches, in and along the course of certain streets in the city of Chicago, hereinafter mentioned, and to operate railway cars and carriages thereon, in the manner and for the time and upon the conditions hereinafter prescribed: Providetd, however, That, except in turning street corners, said tracks shall not be laid within twelve feet of the sidewalk upon any of the streets. SEC. 2. The said company iq hereby authorized to lay Streetds named. a single or double track for a railway in and along the course of any or all the following streets in said city, to wit: Commencing on Clark street, in the north division of said city, at its intersection with North Water, and extending thence north on Clark street to Green Bay road; thence on Green Bay road to the present or future northern city limits. Also, beginning on said Clark street at the intersection of Division street, thence west upon Division street to Clybourn avenue; thence on Clybourn avenue to Racine road; thence in the same direct line to the northern city limits, whenever a street shall be opened on said line to said city limits. Also, beginning on said Clark street at its intersection with Michigan street, and extending thence east on Michigan street to Rush street; thence north on Rush street to Chicago avenue; thence on Green Bay road to Wolcott SPECIAL LAWS AND ORDINANCES. street; thence north on Wolcott street to Elm street; thence west on Elm street to Clark street. Also, commencing on Wells street at its intersection with North Water, and running thence north to Division street; thence west on Division street to Sedgwick street; thence north on Sedgwick street to its intersection with Green Bay road. Also, commencing on Chicago avenue at its intersection with Rush street, and running thence west on Chicago ave nue to the north branch of the Chicago river. Power, and SEC. 3. The cars to be used upon said tracks shall cars. (within the limits of the city) be propelled by animal power only, and the said tracks and railways shall be used for no other purpose than to transport passengers and their ordinary baggage, and the cars or carriages used for that purpose shall be of the best style and class in use on such railways. Councilmay SEC. 4. The common council shall have power at all regulate. times to make such regulations as to the rate of speed and time or times of running said cars or carriages as the public safety and convenience may require: Provided, That the common council shall not require said company to run any carriage or car earlier than five o'clock in the morning, nor later than eleven o'clock in the night. Tracks, how SEC. 5. The tracks of said railways shall not be elevated laid. above the surface of the streets, shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said tracks at any and all points, and in any and all directions, with the least obstruction possible. Fare. SEC. 6. The rates of fare for any distance within the city limits shall not exceed five cents for each passenger, except when cars and carriages shall be chartered for a specific purpose. Grading, SEC. 7. The said company shall, as respects the grading, paying, etc. macadamizing, paving, filling or planking of the streets or parts of streets upon which they shall construct their said railways or any of them, keep eight feet in width along the line of said railway, on all streets whereon one track is constructed, and sixteen feet in width along the 428 IIORSE RAILWAYS. 429 line of said railway where two tracks are constructed, in good repair and condition during all the time to which the Repairs. privileges hereby granted to said company shall extend, in accordance with whatever order or regulation respecting the ordinary repairs thereof may be passed or adopted by the common council of said city, and the said company shall be liable for all the legal consequential damages which may Damager. be sustained by any person, by reason of the carelessness, negligence or misconduct of any of the agents or servants of said company in the course of their employment in the construction or use of said railways or either of them. SEc. 8. Unless the said railway, commencing on said Forfeitture for not Clark street at its intersection with North Water street, and completing. extending north to Green Bay road, and thence on Green Bay road to the present or future northern city limits, shall be completed and ready for use on or before the first day of January, A. D. 1860; and unless the said railway, commencing on Clark street at its intersection with Division street, and extending thence west on Division street to Clybourn avenue, thence on Clybourn avenue to Racine road, thence on the same direct line to the northern limits of the city, shall be completed on or before the first day of July, A. D. 1862, or within six monthl after a street shall have been opened from the intersection of Clybourn avenue and Racine road, on the same direct line with said Clybourn avenue, to the northern city limits; and unless the said railway, beginning on said Clark street at its intersection with Michigan street, and running thence east on Michigan street to Rush street, thence north on Rush street to Chicago avenue, thence on Green Bay road to Wolcott street, thence north on Wolcott street to Elm street, thence west on Elm street to Clark street, shall be completed on or before the first day of January, A. D. 1861; and unless all the remaining railways herein mentioned shall be completed on or before the first day of January, A. D. 1862, then the rights and privileges granted to said company by virtue of this ordinance shall be forfeited to said city of Chicago, unless the common council thereof shall grant to said company a further extension of time to construct the same: Provided, however, That nothing in this ordinance shall be so construed as to 429 IELORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. cause a forfeiture of any of said lines which shall be com pleted previous to the time herein specified for their respect ive completion: And provided further, That if said com pany shall be delayed by order or injunction of any court having competent jurisdiction, the time of such delay shall be excluded, and the same time in addition to the periods above prescribed shall be allowed for the completion of said railways as that during which they may be so delayed. Rightsof SEC. 9. All rights heretofore vested in the boards of others. water commissioners and sewerage commissioners or other corporations, are not to be affected by this ordinance, but the rights and privileges hereby granted are subject thereto. This SEC. 10. The rights and privileges granted to the said ordinance to ZD continue company by this ordinance, or intended so to be, shall contwenty-five years. tinue and be in force for the benefit of said company for the full term of twenty-five years from the passage of this ordinance, and no longer. Bond to be SEC. 11. The North Chicago City Railway Company given. shall enter into a bond with the city of Chicago in the penal sum of twenty-five thousand dollars, conditioned for the faithful performance by said company of all the terms and conditions of this ordinance; and that the railways aforesaid shall be comnpleted at the times and in the manner specified in this ordinance, unless delayed by the order or injunction of some court of competent jurisdiction from so completing thie same; and until such bond is made by said parties, this ordinance is to have no force or effect whatever. Passed May 23, 1859. AN ORDINANCE supplementary to and explanatory of an Ordinance entitled "An Ordinance authorizing the construction and operation of Horse Railways in the North Division of the City of Chicago." SECTIoN 1. Amending the foregoing ordinance as to grading, paving, repair, etc., of streets by the company; liability of company for damages. Amending. SECTION 1. Be it ordained by the Common Council of the City of Chicago, That section 8 [7] of the ordinance entitled "An Ordinance authorizing the construction and operation of horse railways in the north division of the city of Chicago," passed May 23, 1859, be, and the same is hereby declared to read as follows: The said company shall, as 430 HORSE RAILWAYS. respects the grading, paving, macadamizing, filling or plank- Grading, ing of streets or parts of streets upon which they shall construct their said railways, or any of them, keep eight feet in width along the line of said railway on all streets where one track is constructed, and sixteen feet in width along the line of said railway on all streets where two tracks are constructed, in good repair and condition during all the time to which the privileges hereby granted to said company shall extend, in accordance with whatever order or regulation, respecting the ordinary repairs thereof, may be passed or adopted by the common council of said city. And the said company shall be liable for all legal consequential damages which may be sustained by any person by reason Liability for of the carelessness, negligence or misconduct of any of the agents or servants of the said company, in the course of their employment in the construction or use of the railways aforesaid, or any or either of them. Passed June 20, 1859. AN ORDINANCE amendatory of an Ordinance authorizing the construc tion and operation of Horse Railways in the North Division of the City of Chicago. SECTIoN 1. Tracks permitted-o remain ten years. SECTION 1. Be it ordained by tle Common Council of the Trackis ten remain ten City of Chicago, That the tracks of The North Chicago City years. Railway Company, as now laid, be permitted to so remain for the period of ten years from and after this date. Passed March 9, 1860. AN ORDINANCE extending the time for the construction of certain Horse Railways therein mentioned, and compelling The North Chicago City Railway Company to abandon their right to run upon and con struct a Railway in North Wells Street. SBcTION 1. Time to construct certain railways by The North Chicago City Railway Company extended ten years, on condition that they release Wells street, and the right to use Franklin street, granted. SECTION 1. Be it ordained by the Uommon Oouncil of the Extending time to conCity of Chicago, That The North Chicago City Railway Com- 8truct, etc. pany shall have ten years in addition to the time fixed by the ordinance entitled "An Ordinance authorizing the construe 431, SPECIAL LAWS AND ORDINANCES. tion and operation of horse railways in the north division of the city of Chicago," for the construction of the several rail ways, or any parts thereof, named therein, as follows: On Michigan street to Rush street; thence north, on Rush street, to Chicago avenue; thence, on Green Bay road, to Wolcott street; thence north, on Wolcott street, to Elm street; thence west, on Elm street, to Clark street; from Division street to Sedgwick street; thence, on Sedgwick street, to Green Bay road; also, from Rush street, on Chicago aveSubstitu- nue, to Clark street: Provided, however, and this extension tion of Franklin for is upon this express condition, That the said North Chicago Wells. City Railway Company shall release all the right they now have, or may hereafter acquire, to construct and run a rail way on North Wells street in said city, and the right is hereby granted to said company to construct and operate a horse railway, in accordance with the ordinance hereby extended, on Franklin street, from its intersection with Chicago avenue, north to its intersection with Division street. Passed December 17, 1860. AN ORDINANCE authoriang the connection of the Tracks of the Horse Railways of The North Chicago City Railway and The Chicago City Railway Companies. SECTION 1. The North Chicago City Railway Company and The Chicago City Railway Company. authorized to connect their tracks, across the river at Wolcott and State streets. SECTION 2. Construction and operation subject to ordinance of May 23,1859, in favor of first named company. 3. Companies to pave, etc.; rail; for feiture for non-compliance. Connection SECTION 1. Be it ordained by the Uommon Uouncil of the between north and City of Chicago, That The North Chicago City Railway south railwaysovr Company is hereby authorized to lay a single or double State street bridge track, with the necessary curves and appendages, in and authorized. along Wolcott street, in the city of Chicago, from its inter section with Michigan street, to the centre of the Chicago river, at such points and in such way as that they may make connections with the tracks of The Chicago City Rail way Company (by arrangement with said company) at such centre of the river, thereby making continuous lines of horse railway between the different divisions of the city; 432 llOSE RAILWAYS. 433 and for this purpose the last named company is authorized to lay a single or double track, with the necessary curves and appendages, from the present point of intersection of the tracks of said last named company on State street, with Lake street, in said city of Chicago, in and along said State street to the centre of the Chicago river. SEC. 2. The construction and operation of any road or subije.t to provisions roads that may be built under this ordinance, shall be sub- of foldmee ordinance. ject to all the rules and limitations and restrictions that are prescribed in the ordinance heretofore passed by the common council, entitled "An Ordinance authorizing the constrLuction and operation of horse railways in the north division of the city of Chicago," approved May 23, 1859. SEc. 3. That the said companies shall, if a single track Paving, etc. be laid, pave, macadamize, gravel or otherwise improve, in accordance with such ordinances as may be passed by the common council, eight feet in width, on the street occupied by said track; and if a double track be laid, they shall pave, macadamize, gravel or otherwise improve, in accordance with such ordinances as may be passed by the common council, sixteen feet in width, on the street occupied by said track: Provided, The form of rail to be used on said Rail. railroads, shall be the best and most modern improved tram rail: And provided further, In case any or either of said Forfeiture. railroad companies should fail to comply with the provisions of this ordinance, or any previous ordinance granting railroad privileges to said companies, that the privileges hereby granted shall cease and become forfeited. Passed January 18, 1864. AN ORDINA-NCE authorizing The North Chicago City Railway Com pany to extend their Tracks on certain Streets. SECTION SECTION 1. The North Chicago City Railway 3. Subject to ordinance of May 2S3, 1859, Company authorized to construct, in favor of said company, except as etc., railways on certain streets otherwise herein provided; right to named. regulate laying of track, and kind 2. Time when such railways are to be of rail, reserved. completed. 4. Facilities for funerals; fare. 5. Grading, paving, repairs, etc. SECTION 1. Be it ordained by the Common Council of the Permission to construot, City of Chicago, That permission and authority be and is etc.,on cer tain street& 28 HORSE RAILWAYS. 433 SPECIAL LAWS AND ORDINANCES. hereby granted to The North Chicago City Railway Com pany to construct, maintain and operate a single or double track railway, with the necessary curves and side tracks, as an extension of the lines of railway now operated by said company, on the following streets, to wit: commencing at Chicago avenue and running on Larrabee street to Little Fort road, and thence on Little Fort road to the present or future city limits; and commencing at Larrabee street and running east on Linden street and Eugenie street to Wells street, and thence across Wells street, and on any street that may hereafter be laid out, to Green Bayr oad; except that on Larrabee street, from Chicago avenue to the north side of Hawthorne avenue, only a single track shall be laid. Time for SEC. 2. The line on Larrabee street, between Clybourn completion. avenue and Centre street, shall be completed within sixty days after the passage of this ordinance, unless restrained by a court of competent jurisdiction, and the other lines of railways herein before mentioned shall be completed as soon as practicable after the passage of this ordinance; but when ever the common council shall determine that the public interest requires any of said lines to be constructed, and pass an ordinance that any of said lines shall be constructed in a period of time not less than ninety days after the passage of said ordinance, and actual notice thereof to said company, it shall be the duty of said company to comply with said ordinance: Provided, The work shall not be re quired to be done between the first day of November and the first day of May. Subject to SEC. 3. The permission and authority hereby granted ordinance. are made subject to all the restrictions and conditions, the rights and privileges mentioned in the ordinance passed by the common council on the 23rd day of May, 1859, enti tled "An Ordinance authorizing the construction and operation of horse railways in the north division of the city of Chicago," except as otherwise herein provided, rePower to serving to the common council the right to regulate the eglte, etc laying down of tracks, and the kind of rail to be used. Funeral SEC. 4. The said railway company shall keep on hand facilities. a sufficient number of cars adapted to funeral purposes, in which shall be suitable compartments for the carrying of 434 HORSE RAILWAYS. the corpse by itself; and on the application of any person, shall furnish not exceeding three ears, unless more shall be agreed upon, at any designated point on the lines of any of its roads, to convey the corpse and persons attending the funeral to any cemetery to which their lines or connections extend: Provided, That, if their funeral cars are all engaged for funeral purposes before any such application is made, the company shall not be bound to furnish the same until such prior engagement is fulfilled. Said company shall be Fare-. entitled to charge not exceeding two dollars for each corpse, and not exceeding twenty cents for the round trip for each person conveyed on such funeral occasion. The said company shall, on its part, make an arrange- Arrange ments with ment with The Chicago City Railway Company, and The other ra'l way cornChicago West Division Railway Company, as soon as the panie. bridge is built across Chicago river at State street, to convey the cars of either of said companies, used for funeral purposes, over the tracks of said North Chicago City Railroad Company, to any cemetery to which its lines extend, so that the charge for conveying any corpse from any part of the Fare. city on any of the lines of said companies, shall not exceed three dollars, and for each person attending said funeral, shall not exceed twenty-five cents for the round trip to and from any such cemetery, which shall be in full for all the charges to all of said companies. SEC. 5. The said railway company, its successors or G-at,g, paving, assigns, as respects grading, paving, macadamizing, filling repairs, etc. or planking, shall, at their own expense, keep eight feet where a single track is used, and sixteen feet where a double track is used, of said streets, or parts thereof, so occupied, in good repair, so that wagons, carriages and other vehicles can pass and repass at any and all points, and in any and all directions, and when any new improvement, paving, repaving, planking or replanking, is ordered by the common council in any of said streets or parts of streets, the said railway company shall, in the same manner and with like material as required of the owners of property as to other parts of the street, make such new improvements, on eight feet where a single track is used, or sixteen feet where a double track is used; and if the said company shall refuse 4 3:.-) SPECIAL LAWS AND ORDINANCES. or neglect to make such new improvement within a reasonable time to be fixed by the ordinance, the work may be done by the city, and the cost thereof assessed by the board of public works on said company, and collected as other assessments, from any real or personal property of said company. But if the board of public works should deem it inexpedient that said new improvement should be so made by said company, then the same shall be done by the city as in other cases, and the cost thereof assessed upon and collected of said company in manner as aforesaid. And if the said company shall refuse or neglect to make any necessary repairs as aforesaid, or the repairs required by any ordinances heretofore passed, after twenty days notice from the board of public works, the city may make the repairs and collect the cost thereof, by suit at law in any court of competent jurisdiction. Passed August 11, 1864. Stipulation in reference to foregoing Ordinance. AUGUST 18, 1864. At a meeting of the directors of The North Chicago City Railway Company, held at the office of said company this eighteenth day of August, A. D. 1864, the following resolutions were adopted: "_Resolved, That The North Chicago City Railway Company will and do hereby accept an ordinance passed by the common council of the city of Chicago on the 11th day of August, A. D. 1864, entitled'An Ordinance authorizing The North Chicago City Railway Company to extend their tracks on certain streets,' and in so accepting the said ordinance, the said railway company declare that wherever the words' eight feet' and'sixteen feet' occur in the fifth section thereof, they mean, and shall be held to mean,' eight feet in width,' and'sixteen feet in width.' " Resolved, That a certified copy of these resolutions be delivered to the city of Chicago."' JOHN J. GRAHAM, S[cly pro tem. AN ORDINANCE concerning the maintenance and operation of the Chi cago and Evanston Railroad in the limits of the City of Chicago. PRzAMBLE. Recital of incorporation, and location of line; first section of road des ignated; desirable to secure facility of access to the cemeteries. S,CTION 1. Permission to lay and operate rail ways on certain streets named, sub ject to certain ordinances, etc. 2. Grading, paving, repairs, etc. cars; fare; funeral facilities and fare. SECTION 8. To keep an office, where and how, where application may be made for funeral facilities, and how to furnish. 4. Bridge at La Salle street; provisions concerning. 5. Time for completion; forfeiture for failure. 6. Ordinance in force from its passage. 436 [S.EAL. ] JI()RSE RAILWAYS. 43 WHEREAS, Under and by virtue of an act of the general Preamblt. assembly of the State of Illinois, entitled "An Act to incorporate The Chicago and Evanston Railroad Com pany," approved February 16, 1861, certain persons therein named, their associates and successors, are created a body politic and corporate by the name and style of "The Chicago and Evanston Railroad Company," and are authorized to locate, construct, maintain and operate with horse power or locomotive cars from the city of Chicago (excepting certain streets in said city) to Evans ton; and whereas, as the said railroad company have, in pursuance of said act, commenced the location of their line of railroad, and desire to locate as follows: Com mencing at the intersection of Madison street and La Salle street, and running thence north on La Salle street to Erie street; thence west on Erie street to Roberts street; thence with a single track, until the street shall be widened to the usual width, on Roberts street (or that street now opened and used by the public as Roberts street) to Larrabee street; thence north on Larrabee street with a single track to Hawthorne street; thence north westerly on Hawthorne street to Halsted street; thence north on Halsted street to the northern limits of the city of Chicago; also, on Halsted street from the centre of the north branch of the Chicago river north to Haw thorne street: that portion of said road lying between Madison street and the northern limits of the city of Chicago being designated as the first section of said road. And whereas, among other advantages to be derived from the operation of said railroad, it is desirable to secure to the people of the city of Chicago facilities and convenience for transportation, and at reasonable rates, to and from the several cemeteries or burial grounds lying north of the city; therefore, SECTION 1. Be it ordained by the Common Council of the Permission to lay tracks aty of Uhicago, That permission is given to said Chicago on certain streets and Evanston Railroad Company to lay a single or double named. track railway, except on Larrabee street from Chicago avenue to Hawthorne street, and on Rloberts street until widened as hereinafter mentioned, where there is to be a 43S HORSE RAILWAYS. SPECIAL LAWS AND ORDINANCES. single track only, with all the necessary and convenient switches, side tracks and turn-outs, in and along the course of the following streets in the city of Chicago, to wit: Commencing at the intersection of Madison street and La Salle street, and running thence north on La Salle street to Erie street; thence west on Erie street to Roberts street; thence north on Roberts street (or that street now opened and used by the public as Roberts street) to Larrabee street, with a single track until said Roberts street is widened to the width of Larrabee street; thence north on Larrabee street with a single track to Hawthorne street; thence north westerly on Hawthorne street to Halsted street; thence north on Halsted street to the northern limits of the city of Chicago; also, on Halsted street from the centre of the north branch of Chicago river north to Hawthorne street, and to keep and maintain, use and operate therein railway cars and carriages, in the manner and upon the subject to conditions set forth and required by the various ordinances certain ordinancef. passed and now in force in relation to The Chicago City Railway Company and The Chicago West Division Railway Company, except as the same are herein modified. Graving, SEC. 2. The said railway company, its successors or repains, etc. assigns, as respects gradiing, paving, macadamizing, filling or planking, shall, at their own expense, keep eight feet in width where a single track is used, and sixteen feet in width where a double track is used, of said streets, or parts there of, so occupied, in good repair, so that wagons, carriages and other vehicles can pass and repass at any and all points and in any and all directions; and when any new improve ment, paving, repaving, planking or replanking, is ordered by the common council in any of said streets or parts of streets, the said railway company shall, in the same manner and with like material as required of the owners of prop erty as to other parts of the street, make such new improve ments on eight feet in width where a single track is used, or sixteen feet in width where a double track is used; and if the said company shall refuse or neglect to make such new improvement within a reasonable time, to be fixed by the ordinance, the work may be done by the city, and the costs thereof assessed by the board of public works on said 438 HORSE RAILWAYS. company, and collected as other assessments from any real or personal property of said cinpany. But if the board of public works should deem it inexpedient that said new improvement should be so made by said company, then the same shall be done by the city as in other cases, and the cost thereof assessed upon and collected of said company in manner as aforesaid. And if the said company shall refuse or neglect to make any necessary repairs as aforesaid, or the repairs required by any ordinances heretofore passed, after twenty days notice from the board of public works, the city may make the repairs, and collect the cost thereof by suit at law in any court of competent jurisdiction. The cars and carriages used on this road shall not be inferior to Cars. the best street railway cars or carriages now in ordinary use in said city; the rate of fare for any distance over said road Iare. within the city limits shall not exceed five cents, and the fare shall not exceed twenty-five cents for a round trip to each person attending funerals at Calvary, Graceland, Rose Hill or other cemeteries on the route, and shall not exceed forty cents for each adult person and twenty cents for each child under fifteen years of age for a round trip to and from either of said cemeteries on any and all other occasions, except when cars or carriages are chartered for a specific purpose for a number of persons less than a car load. And the said company, its successors or assigns, shall at all rfauileitie. times keep on hand ready for use a sufficient number of cars expressly adapted, by compartments or otherwise, to the conveying or removal of the remains of deceased persons separate and apart from ordinary passengers or persons attending funerals, and shall not charge over the sum of Fare. two dollars for any one deceased person so carried from any point on the line of said railway in the city of Chicago to Graceland, Rosehill, Calvary or either of the cemeteries, on its route to Evanston; and whenever said company, its successors or assigns, shall be called upon and required to furnish cars for funeral purposes, such funeral train or car shall have priority over all other business on said railway. SEC. 3. Said company shall have an office in or near Office where application the business centre of the city, which shall be kept open maybfe every day from 7 o'clock A. M. to 7 o'clock P. M., where 43(,-) SPECIAL LAWS AND ORDINANOES. funeralfacil- application can be made for the use of cars for funeral pur ities; and horwito poses; and shall, when such application shall have been furnish. made, furnish at the nearest convenient point on the line of said railway, to any house or other place in this city where the corpse of any person or persons may be awaiting burial, as many cars for such purpose as the party making such appli cation may desire, but shall not be bound thereby to furnish more than three cars, unless a larger number shall be agreed upon with such party, and shall proceed thence from said point to such cemetery on the line of said railway, as the relatives or friends of such deceased person or persons may direct; and when application as aforesaid shall be made at any time during the forenoon of any day, cars shall be fur nished as early as three o'clock and thirty minutes in the afternoon of the same day, and when application shall be made in the afternoon of any day, cars shall be furnished as aforesaid in the forenoon of the following day. Bridge at SEC. 4. That said company is hereby authorized to constreet; pro- struct a bridge to cross the Chicago river at La Salle street, -visi ons con- 0 cerniig. on the same general plan as the bridges at Clark and Wells streets, but the particular plans and specifications shall be furnished by the board of public works, and said bridge shall be constructed in accordance therewith, and under the direction of said board. Said bridge, when constructed, shall be subject at all times to the city regulations and management for the benefit of the public, the city to pay one-half the cost of said bridge: Provided, The whole cost of constructing said bridge and approaches does not exceed twenty-two thousand dollars: And provided further, That, if it shall be ordered by the common council that said bridge shall be constructed as that proposed for the bridge at State street, then, and in that event, the city shall pay the same as it pays for State street bridge. Time for oompletiotS. SEC. 5. The first section of said road shall be completed within fifteen months from the passage of this ordinance, and the balance of the track, from the south terminus of said road to Calvary Cemetery and Evanston, shall be com pleted within two years from the passage of this ordinance. If this company, its successors or assigns, shall fail to have its road constructed and in operation between Madison 440 HORSE RAILWAYS. street, in the city of Chicago, and the village of Evanston, within two years from and after the passage of this ordi nance, the common council of this city shall have the right to annul and declare void this ordinance, and order the Forfeiture superstructure and rails of said company, its successors or assigns, which may have been laid within the city limits, taken up and removed from the streets of the city; and if at any time, or for any cause, the rights, privileges or ease ments of said company, its successors or assigns, shall be come forfeited, and the common council order their superstructure and rails removed from the street, they shall, without delay, and at their own cost and expense, remove the same, and put each and every street or part of street on which their railway track or tracks may have been laid at any time, in as good repair as the same was immediately preceding the time when said tracks were first laid: Provided, That if said company is delayed by order or injunction of any court, the time equal to such delay shall be added to the time specified above, and the forfeiture for not laying down track between the points above specified shall not be made until the company shall have had two full years to build its road, exclusive of the time it may be detained by order or injunction of any court: And provided further, That if the common council shall deem that there is any unreasonable delay on the part of said company in raising such injunction, they may direct the city attorney to take the management of such suit or suits, so far as to bring the same to a speedy decision. SEC. 6. This ordinance shall take effect and be in force Ordinance in force. from and after its passage. Passed August 17, 1864. Stipulation in reference to foregoing Ordinance. WHEREAS, The common council of the city of Chicago did, on the 17th day of August, A. D. 1864, pass an ordinance entitled "An Ordinance concerning the maintenance and operation of The Chicago and Evanston Railroad, in the limits of the city of Chicago; and whereas, the mayor of said city has not yet approved the said ordinance, and hesitates and refuses to approve the same on account of certain doubts which the said mayor has in relation to the proper construction of the said ordinance, and on account of certain objections thereto; now, for the purpose of removing the said doubts and objections, and in consideration of the approval by the mayor of the said ordinance, it is hereby Resolved, That it was the intention, and is the proper construction of 441 SPECIAL LAWS AND ORDINANCES. said ordinance, that "The Chicago and Evanston Railroad Company" should operate the cars and carriages used upon their railway tracks within the limits of said city of Chicago, with Animal power only, and that the said railway should not connect with any other railroad on which any other power is used; and that as to the gauge and kind of rail to be used on the tracks of the said company, they are to be governed in all respects by an ordinance entitled "An Ordinance prescribing the gauge and rail to be used on horse railways in the city of Chicago," passed by the common council of said city, August ll1thl, 1864. Resolved, That it was not the intention, and is not the proper construction of section four of said ordinance, that the said company should have the power to contract for the bridge therein mentioned, but the intention and proper construction of said section is, that the work upon the said bridge, and the building of the same, should be let, by contract, by the board of public works of said city as provided in and by the charter of said city; and it is further expressly agreed, that when the said company are desirous of having the said bridge constructed, they shall, as a condition precedent to the undertaking of the said work by the said city, or the letting of the contract for the same, deposit with the board of public works of said city a sum of money equal to half the estimated cost and expense of said work, or shall secure the payment of the said money by security satisfactory to the city comptroller and board of public works of said city. Resolved, That the said ordinance, subject to the aforesaid construction of the same, and the aforesaid agreement as to the said bridge, is hereby accepted, and that a properly certified copy of these resolutions be delivered to the city of Chicago. OFFICE OF THE CHICAGO AND EVANSTON RAILROAD COMPANY, Chicago, 111. I do hereby certify, that the above and foregoing is a true copy of original preamble and resolutions, this day passed and adopted by the Board of Directors of The Chicago and Evanston Railroad Company, and duly entered upon the records of said corporation. In witness whereof, I have hereunto set my hand and affixed the seal of said company, this 25th day of August, A. D. 1864. [SEAL.] J. F. WILLARD, Secreta'y. ICE. AN ORDINANCE concerning the cutting of Ice in the Basin between Michigan Avenue and the Tracks of the Illinois Central Railroad. SECTION 1. Comptroller to let the privilege of cutting ice. 2. To advertise for proposals. :. Terms of contract to be made. 4. Bond for performance. SECTION 5. Other persons than contractor pro hibited from cutting, etc.; penalty. 6. Furnishing ice from basin for do mestic use; penalty. 7. This ordinance in force. Comptroller SECTION 1. Be it ordained by the Common Council of the , let, etc. City of Chicago, That the comptroller of said city be, and he is hereby authorized and required to let the privilege of cutting and using the ice formed in the basin between Michigan avenue and the tracks of the Illinois Central Railroad, to the highest bidder or bidders, and on the terms 442 8 ICE- LAKE VIEW AVENUE. as to payment as he shall deem best for the interests of said city. SEC. 2. That annually before letting said privilege, said Advertising. comptroller shall advertise in the corporation newspaper for bids or proposals, stating the time and place of receiving and opening the same, for at least ten days before said time. SEC. 3. On making the award, said comptroller shall Terms of contract. require the party or parties to whom such award shall be made, to enter into a written contract to save and keep the city harmless fi-om any and all damages that may in any way result from cutting or taking out said ice, and that the travel on Michigan avenue shall not in any wise be interfered with, and that said ice shall not be retailed, sold or supplied to any person or family for domestic uses or purposes. SEC. 4. Said comptroller shall also require the party or Bond. parties entering into said contracts, to execute and deliver to the said city good and sufficient bond or bonds for the faithful performance of such contracts. SEC. 5. That all other persons be, and they are hereby Penalty for prohibited from cutting or using the ice found in said basin, cutting, etc. under the penalty of not less than five dollars nor more than one hundred dollars for each and every offense. SEC. 6. That any person or persons, whether a contractor Penalty for or otherwise, who shall sell, retail or furnish any ice from selling, etc. said basin for family or domestic uses or purposes, shall be liable to a fine of not less than five dollars nor more than one hundred dollars for each and every offense. SEC. 7. This ordinance shall be in force from and after Ordinance in foroc. its passage and due publication. in for. Passed November 27, 1865. LAKE VIEW AVENUE. CERTIFICATE OF INCORPORATION. Object of corporation; directors and other officers; capital stock; name. The undersigned, in pursuance of the provisions of an act of the general assembly of the State of illinois, entitled 443 SPECIAL LAWS AND ORDINAO(ES. "An Act to provide for constructing, maintaining and keeping in repair, plank, gravel or macadamized roads or pikes, by a general law," approved February 21, 1859, hereby certify and declare their intention to construct, maintain and keep in repair a gravel or macadamized road, commencing at some convenient point on the shore of lake Michigan, within the limits of the north division of the city of Chicago, county of Cook, and State of Illinois, and running along the said shore, as near to the water as practicable and convenient, to the north line of the township of Lake View in said county of Cook; and we hereby further certify and declare, that for this purpose we have elected Uranus IH. Crosby, William C. Goudy, Timothy S. Fitch, and Samuel H. Kerfoot, as directors in the corporation hereby created, to hold their office for the term of one year, or until such time as may hereafter be determined, according to the rules and by-laws of the said corporation, and until their successors are elected and enter upon their duties, and that we have elected the said Crosby to be the president of said corporation, and William B. Howard as secretary of the same. We do further certify and declare, that the capital stock of said corporation shell be one hundred and fifty thousand dollars until increased under the provisions of said act, or otherwise, which shall be divided into shares of one hundred dollars each; and we do assume and certify the corporate name of ourselves and associates who may hereafter become holders of the capital stock aforesaid, to be "The Lake View Avenue Company." In testimony whereof, we have hereunto subscribed our names this 30th day of December, A. D. 1864. U. H. CROSBY. W. C. GOUDY. T. S. FITCH. WM. B. HOWARD. SAM'L HI. KERFOOT. I hereby certify the foregoing to be a correct copy of a certificate of organization filed in my office the 16th day of January, A. D. 1865. 444 -~~~~LK VISAENE Witness my hand and uary, A. D. 1865. [SEAL.] LAURIN P. HILLIARD, Clerk of Cook County Court, Illinois. AN ACT to amend the charter of " The Lake View Avenue Company." PREAMBLE. Reciting organization. SZOTION 1. Power to hold and sell real estate; make by-laws; invest funds. SECTION 2. Common council may fix tolls, etc.; restrain by penalties. 3. Act public, and in force from its passage. WHEREAS, "The Lake View Avenue Company" has been orgllaniza organized under and according to the provisions of an act entitled "An Act to provide for constructing, main tainiing and keeping in repair, plank, gravel or macada mized roads or pikes, by a general law," approved Febru ary 21st, 1859, for the purpose of constructing, maintain ing and keeping in repair a gravel or macadamized road in the county of Cook; therefore, SECTION 1. Be it enacted by the People of the S tate of r~Wersa8 IIlilnos, represented in the General Assembly, That said cor- stateanbw poration, in addition to its powers under said general law, investments be and is hereby authorized to take and hold by purchase, gift, grant or devise, real estate, hot exceeding at any one time in value the sum of one hundred and fifty thousand dollars ($150,000), and to sell and convey the same, and to make and establish such by-laws and regulations in regard to the duties of its officers and agents, the use of its road and property, and the investments of its profits and funds, as are not inconsistent with the constitution of the State of Illinois or of the United States. SEC. 2. The common council of the city of Chicago Councilmay fix tolls3, oet. may fix and determine by contract with said company the rates of toll to be received by said corporation within the limits of said city, but the rates either within or without the said limits shall not exceed the following, to wit: For each horse, one cent and a half per mile; for each vehicle drawn by one horse, the same rate; and for each vehicle drawn by two or more horses, two and a half cents per mile. And the common council of said city may pro 445 LAKE V'IEW AVENUE. SPECIAL LAWS AND ORDINANCES. Restrain by vide by ordinance against the charge and receipt of greater penalties. rates within said city, and enforce the same by adequate penalties against said corporation, its officers or agents. Act public SEC. 3. This act shall be deemed a public act, and shall and in force. take effect and be in force from and after its passage. Approved February 16, 1865. AN ORDINANCE concerning the right of way of The Lake View Av enue Company. PREAMBLI. Reciting incorporation, etc. SECTION 1. Right of way over property of city granted. 2. Conditions; to complete road and improve ground; how and when. 8. Where toll-gates maybe erected. 4. Improvements to be approved, etc. 5. Not to obstruct passage on cross streets. SECTION 6. To keep in repair; forfeiture for fail ure. T. So much of road as may be within the city to become public at end of thirty years. 8. Tolls to be charged according to charter. 9. When ordinance in force. Preamble. WHEREAS, The Lake View Avenue Company, by virtue of a general act of the legislature, approved February 21, 1859, and also of a special act, approved February 16, 1865, have acquired a right to condemn for roadway pur poses, for a period of thirty years, commencing Dec. 30, 1864, a strip of land one hundred feet in width, along the shore of lake Michigan, in the north division of the city of Chicago, and the town of Lake View; and, whereas, it is considered necessary, in order to make such roadway available, that said roadway should be increased fifty feet in width; and, whereas, said roadway, as now located, passes over lands owned by the city of Chicago; therefore, Right ofway SECTION 1. Be it ordalined by the Common Council of the granted. granted. City of Chicago, That the right of way be and is hereby granted to the Lake View Avenue Company over the pro perty of the city of Chicago, one hundred and fifty feet wide, next and adjacent to the present high water mark of lake Michigan, commencing at the south line of the grounds now used as the Chicago City Cemetery, North avenue, and running thence along the shore o&lake Michigan to Asylum place, and commencing again at Fullerton avenue, and run ning thence along said shore to the north line of the south east quarter of section twenty-eight (28), in township forty 446 LAKE VIEW AVENUE. (40) north, of range fourteen (14) east of the third principal meridian. SEC. 2. The foregoing grant is made upon the express Conditions. conditions named in this and the following sections. That the said Lake View Avenue Company shall, on or before the first day of August, A. D. 1866, make and complete in roOflet. good order a road across said property at least fifty feet wide, and shall finish and improve the ground for the full Improve gpround width hereby granted, within one year thereafter. ground SEC. 3. Said Lake View Avenue Company shall not Tollgates. erect any toll-gate south of Schiller street, or the street now known and designated by that name, nor shall said company erect or maintain more than one toll-gate within the corporate limits of the city of Chicago. SEc. 4. That all improvements of said roadway or Improve men,ts to be avenue, which are made on grounds not actually used as a approved. road bed orpassage way for carriages, etc., which are made between North avenue and Asylum place, shall be first approved by the board of public works, or such board or person or persons as shall, by virtue of any law or ordinance now or hereafter in force, have charge of the Chicago City Cemetery and Lincoln Park. SEc. 5. Said road shall be so constructed as not to in- Not to obstruct terfere with the passage on, to or Across such road or avenue cross streets from any street or streets which now are or may hereafter be laid out and opened to the water line of said lake Michigan, or the line of said avenue. SEc. 6. That said company shall keep said road or Repair. avenue in good repair and condition at their own expense, and if at any time said road or avenue shall be abandoned by said company, or suffered to become so out of repair as not to be safe for the passage of teams or carriages over and upon it, the said city shall have the right to enter upon Forfeiture. said road, or so much thereof as may be in the city of Chicago, and declare the same a public highway, the same as other streets and avenues in said city. SEC. 7. That at the end of thirty years from the Term thirtieth (30th) day of December, A. D. 1864, so much of said road or avenue as shall then be in the corporate limits 447 SPECIAL LAWS AND ORDINANCES. of the city of Chicago shall become a public street or avenue, and all toll gates shall be removed therefrom. Tolls. SEC. 8. Said company shall have the right to charge tolls at the rate named in their amended charter, approved February 16, 1865, and no more. Ordina-nee Ordinance SEC. 9. This ordinance shall be in force from and after in force. its passage and due publication. Passed October 5, 1865. NEWSBOYS. This Ordinance was passed after page 370, where it properly belongs, was in print. AN ORDINANCE amendatory of Chapter XXVI of an Ordinance for re vising and consolidating the General Ordinances of the City of Chicago. SECTION 1. Newsboys' badge changed. SECTION 2. This ordinance to take effect Janua ry 1, 1866. Badge SECTION 1. Be it ordained by the Common Council of the changed. City of Chicago, That Section 3, of Chapter XXVI, of "An Ordinance for revising and consolidating the general ordi nances of the city of Chicago," passed October 23rd, 1865, be, and the same is hereby so amended that the words "4 shall wear a black leather badge upon his hat or cap, with the word' licensed' and the number of his license painted thereon with white letters and figures at least one-half inch in size," be stricken out, and the following words inserted instead thereof: "Shall wear a white metal badge upon his hat, cap, coat or outside garment, with the words'News boy, No. -,' engraved thereon in letters and figures not less than one-eighth of an inch in size." ake effect. SEC. 2. This amendment shall be in force and take effect from and after January 1st, 1866. Passed December 18, 1865. 448 RAILROADS. 449 RAILROADS. AN ORDINANCE concerning the Galena and Chicago Union Railroad. BOCTION 1. The Galena and Chicago Union Rail road Company to enter the city on Kinzie street, to the north branch of Chicago river; construction of road; reservation of right to regu late, etc. SICTION 2. Temporary tracks on other streets; room and crossings for carriages; removal of such tracks. 8. Tracks eastwardly to the limits of the city, where and how; location as council may direct. 4. Drawbridge over north branch of Chicago river. SECTION 1. Be it ordained by the Common Conneil of the Permissiyon to enter city City of Chicago, That permission be, and is hereby granted stre t.i to the Galena and Chicago Union Railroad Company to introduce their road into the city on the line of Kinzie street, commencing at the west bounds of the city and extending to the north branch of the Chicago river, and to occupy so much of said street as may be necessary for the purpose of constructing, maintaining, using and occupying a single or double railroad track through said street, with such turn-outs, turn-tables and branches extending to adjoining lands as may be deemed necessary to the successful use and occupation of said road: Provided, The space occu- Road, how constructed. pied by said road, except when turn-outs, turn-tables and branches occur, does not exceed twenty-two feet in width of the centre of said street: And provwded, Said work be so constructed that carriages may pass along either side of said road, and may conveniently cross the same: And provided, also, The common council reserve to itself the right to regulate running of locomotives on said road within the limits of the city. SEC. 2. Said company may also construct and use a Other streets may temporary track or branch from Kinzie street to Fulton be ocecuped by temporastreet, and occupy such portion of Fulton street and the ry track. streets between Kinzie and Fulton streets as may be necessary for that purpose, and terminate the same at or near the junction of Fulton street with the north branch of the Chicago river: Provided, That sufficient room be left for the free passage of carriages along said streets, and con- Carriagevenient crossings be made where the said track crosses the way line of streets: And provided, also, That said company bind 29 449 RAILROADS. SPEOIAL LAWS AND ORDINANCES. itself to remove said temporary track when the common council shall so direct. Road may SEC. 3. Said company may lay down, maintain, use and be constructed Occupy a single or double railroad track, with suitable turneastwardly from north outs and turn-tables, on the most suitable route from Kinzie branch. street, at or near the north branch of the Chicago river to the proposed new street, or proposed new location of North Water street, proposed to be established about where the alley between Kinzie and North Water streets now is, and may extend the same along said proposed new street, when laid out, to Wolcott street; or if said new street shall be extended through block two, in Kinzie's addition, to North Water street, may extend said single or double track, if they shall elect to do so, on said new street when extended to North Water street, and thence along North Water street part of the way or all of the way to the east limits of the city; or said company may occupy the alley through block two, in Kinzie's addition, from Wolcott to Kinzie street, with their railroad track as aforesaid, and extend it thence along Kinzie street to North Water street, and thence across or along said North Water street all of the way or part of the way to the east limits of the city as aforesaid: Provided, however, That the said railroad track or tracks shall be located in said streets in such manner as the common coun cil may hereafter direct. Draw- SEC. 4. Said company may construct a railroad drawbridge. bridge over the north branch of the Chicago river, on or near the line of Kinzie street, or the street about to be laid out between Kinzie and North Water streets. Passed July 17, 1848. AN ORDINANCE in relation to the Chicago and Rock Island Railroad. icrOTIO 1. The Chicago and Rock Island Rail road Company to lay track in cer tain streets, from the south line of the city to Van Buren street. 2. Tracks on their own land; depots; subject to laws and ordinances that may be passed. SZOTION 8. Drawbridge over south branch of Chicago river, where aad how. 4. Locomotives may run at speed not exceeding five miles per hour, sub ject to ordinances regulating. 5. Tracks to be laid so as to interfere as little as possible with travel; space to be left. Authorityto SECTION 1. Be it ordained by the Common Council of the lay track in sltreettss, and City of Chwicago, That the Rock Island and Chicago Raillimits. 450 RAILROADS. 451 road Company may lay down in any one of the streets of said city, between the west line of State street and the west line of Halsted street, from the south line of said city as far north as the north line of Polk street, a single rail road track, with the necessary turn-outs and turning tables. Said company may extend said track northwardly as far as the south line of Van Buren street, upon any street between the west line of Clark street and the west line of said Halsted street, and build all necessary turn-outs and turn ing tables. SEC. 2. Said company may also construct in said city tMraYkla r one or more railroad tracks within the boundaries aforesaid, their own land. upon any land they may procure by purchase or otherwise, and may also construct and use all depots which may be necessary to accommodate the business of said company. Said company to be subject to all laws and ordinances that may hereafter be passed to regulate railroads within the city. SEC. 3. Said company may construct and maintain a Drr,,drailroad draw-bridge across the south branch of the Chicago river, at any point south of the south line of Van Buren street, provided said bridge shall be so constructed as not to interrupt or impede the navigation of said south branch. SEC. 4. Said company may run their trains by locomo- Speead of I cometives. tives, within the limits before described herein, at a speed not exceeding five miles per hour, subject to such ordinances as may, from time to time, be passed by the common council of said city, regulating speed and motive power within said city. SEC. 5. In laying down said tracks, turn-outs and turn- Not to interfere ing tables in said streets, they shall be so laid down as to with trave interfere with the ordinary travel and use of said streets as little as possible, and a sufficient space for the passage of teams shall always be left on either side of said streets Passed May 26, 1851. e 4,51 RAILROADS. 0 SPECIAL LAWS AND ORDINANCES. AN ORDINANCE in relation to the Chicago and Rock Island Railroad. (Supplemental.) SECTION 1. The Chicago and Rock Island Rail road Company to extend track, etc., to and through Market to South Water street; proviso as to use of South Water and River streets. 2. Track on the west side of the south branch of the Chicago river to Kin zie street; when to be laid. SECTION 3. Tracks, grade, speed, motive power, etc., subject to control of council; use of tracks, etc., by other roads. 4. Use by company of tracks laid by any other company. 5. Company to indemnify city for dam age and expense, etc. Au thorityed SECTION 1. Be it ordained by the Common Council of the to extend track, and limits.kand City of Chicago, That permission and authority is hereby given to the Chicago and Rock Island Railroad Company to extend, construct and maintain their track, with neces sary switches, turn-tables and side tracks, from the depot ground belonging to said company on the south branch of the Chicago river, northward through such streets as the city may hereafter designate, or through such lands as the company may procure for that purpose, to the southern terminus of Market street; thence through Market street to South Water street: Provided, That if hereafter permission shall be given to any railroad company to construct a track through South Water street and River street, the same privilege to lay down a track, or use the track of such com pany as shall lay down a track from Market street to the west line of Wabash avenue, shall be granted to the said Chicago and Rock Island Railroad Company, upon such terms as shall be safe, just and equitable, to be prescribed by the common council. weck oin SEC. 2. Permission and authority is hereby given to west side ,of river. of rier said railroad company to extend their track, and to con sti-uct, maintain and use the same, with all necessary switches, turn-tables and side tracks, from the bridge across the south branch of the Chicago river, heretofore by ordi nance authorized to be constructed by said company; thence -northerly on the west side of said south branch, through such streets as the city may hereafter designate, to Kinzie *ihen tracko street: Provided, That if the city shall designate the streets, or furnish the right of way for the track provided for in this section, so as to allow the track to be built within the time hereinafter mentioned, in such case said company shall, within eighteen months after the completion of the track 0 4 2 RAILROADS. 453~~~~~~~~~~~~~~~~~~~~~~~~ on the east side, lay down and finish the track in this section provided. SEC. 3. The tracks, side tracks and switches authorized Tabck, etdca., to be laid as by the foregoing section, shall be laid on such side or part pcoruecilb may ZD ~~~~~~~~~~~~~~~~~~prescribe. of the street that may be used for the same, as the common council may prescribe; and the grade of the tracks, side tracks and switches herein authorized, and the manner of laying down the same, shall be subject to the direction and supervision of such committee of the common council as may be appointed by the common council for that purpose; and the speed and the motive power to be used on said tracks, and the tracks, side tracks and switches and turntables built in connection with said tracks and along the same, shall be subject to such general regulations as the common council may prescribe for railroads within the city. Said tracks, side tracks, switches aid turn-tables, so far as Urse of track,%, etc., the same are laid in any street, shall be open to the use of by other roads. other railroad companies and railroad corporations whose cars come into the city, with all proper, necessary and suitable connections for such companies as may desire to use said tracks, upon just, safe and equitable terms, to be agreed upon by the parties interested, and, in case of disagreement, by arbitration. SEc. 4. If any other railroad company shall desire to Use by company of lay down tracks in any of the streets herein authorized to tracks orf other roads. be used. and, having obtained permission, shall proceed to lay down tracks before said Chicago and Rock Island Railroad Company shall have done so, said Chicago and Rock Island Railroad Company may use and occupy the same jointly with such company, upon just and equitable terms, and so as to accommodate both companies so far as practicable; said terms to be agreed upon by the parties interested, and, in case of disagreement, by arbitration. SEC. 5. The permission and authority hereby granted TofiInm niycity is upon the express condition, that the railroad company against damage.. shall indemnify the city for any damage and expense to which it may be legally subjected by reason of the occupying of any of the streets, alleys or grounds of the city, with its track or other fixtures. Passed April 2, 1852. 4-I-) 3 RAILROADS. 0 SPECIAL LAWS AND ORDINANCES. AN ORDINANCE to aid the Illinois Central Railroad Company to obtain an Amendment to their Charter. SECTION SECTION 1. Mayor instructed to unite with the 2. Members of the legislature from Cook Illinois Central Railroad Company county requested to aid in same. in an application for an amendment of their charter. Manityor toh SECTION 1. Be it ordained by the Common Council of the unite with company to City of Chicago, That the mayor be instructed to unite with procure amendment the Illinois Central Railroad Company in an application to to charter. the legislature of the State of Illinois, for such amendment or addition to the act incorporating said company as will confer upon it power to construct and operate such branch as may be stipulated for between the common council of the city of Chicago and the said company. Members of, SEC. 2. That the senators and representatives of the le,!-,slature, request to. county of Cook, in the legislature, be respectfully requested to aid in carrying out the object of the foregoing section. Passed June 7, 1852. AN ORDINANCE concerning the Illinois Central Railroad. BSECTION 1. The Illinois Central Railroad Com pany to lay and operate railroad within the city, where and how; no undertaking or liability on the part of the city. . May use a width of 300 feet, to be not less than 400 feet east of west line of Michigan avenue. 8. May fill into the lake at the south pier; limitation of grant by the city; company responsible for dam age to the harbor. 4. Tracks from main track to various points mentioned; crossing river with bridges, etc. 5. Construction, etc., of tracks; subject to regulations of council; use of tracks by other roads. 6. Protection of track against animals; manner thereof; gates; provision in case of outside harbor; regula tion of speed by council. 7. Company to erect and maintain a protection for city front against the action of the lake, when and how. SECTION 8. Company not to intrude on Lake Park, except by consent of council, while constructing or repairing, eto. 9. No buildings or obstructions to the view of the lake, between north line of Randolph street and south line of Lake Park, to be erected or placed; how works between those points to be used; cars, etc., not to remain. 10. Culverts for the flow of water through the works in front of Lake Park. 11. Track to connect with the tracks of the Chicago and Rock Island Rail road Company, when and how to be laid; city to furnish right of way. 12. Within ninety days company to ex ecute an agreement with the city to comply with this ordinance. SECTION 1. Be it ordained by the Common Council of the City of Chicago, That permission is hereby granted to the Illinois Central Railroad Company to lay down, construct, and maintain, within the limits of the city of Chicago and along the margin of the lake within and adjacent to the same, a railroad with one or more tracks, and to operate Permiission to lay and operate railroad, etc. 4,,14 RAILROADS. 455 the same with locomotive engines and cars, under such rules and regulations with reference to speed of trains, the receipt, safe keeping and delivery of freight, and arrangements for the accommodation and conveyance of passengers, not inconsistent with the public safety, as said company may from time to time establish, and to have the right of way and all powers incident to and necessary therefor, in the manner and upon the terms and conditions following, to wit: The said road shall enter said city at or near the inter- Wochaed.r located. section of its south boundary with lake Michigan, and following the shore on or near the margin of said lake northerly to the southern bounds of the open space known as Lake Park, in front of canal section fifteen, and continue northerly across the open space in front of said section fifteen to such grounds as the said company may acquire between the north line of Randolph street and the Chicago river, in the Fort Dearborn addition to said city, upon which said grounds shall be located the depot of said railroad within the city, and such other buildings, slips or apparatus, as may be necessary and convenient for the business of said company. But it is expressly understood, that the city of Chicago does not undertake to obtain for said company any right of way, or other right, privilege or easement, not now in the power of said city to grant or confer, or to assume any liability or responsibility for the acts of said company. SEc. 2. The said company may enter upon and use in Width to be occupied. perpetuity for its said line of road, and other works necessary to protect the same from the lake, a width of three hundred feet from the southern boundary of said public ground, near Twelfth street, to the northern line of Randolph street; the inner or west line of the ground to be used by said company to be not less than four hundred feet east from the west line of Michigan avenue, and parallel thereto. SEC. 3. The said company may extend their works and M,aY fll out into lake. fill out into the lake to a point in the southern pier not less than four hundred feet west from the present east end of the same, thence parallel with Michigan avenue to the north 455 RAILROADS. SPECIAL LAWS AND ORDINANCES. line of Randolph street extended, but it is expressly under stood that the common council does not grant any right or privilege beyond the limits above specified, nor beyond the line that may be actually occupied by the works of said company. iOompany It is further expressly understood that, should any damliable for ta,ayum damage. age or obstruction occur to the harbor of Chicago, clearly traceable to the construction of said works contemplated by sections two and three hereof, then the said company shall be held responsible for the same. sihderterack, SEC. 4. Permission and right of way are hereby given where located. to the said company to construct and maintain a side track from its main track, beginning at or south of Twelfth street, proceeding through said street, or such line as may be pre scribed by the common council, westerly to the south branch of the Chicago river; thence crossing the said south branch by a bridge, or other mode to be approved by the common council, which shall not obstruct navigation; thence proceeding northerly to Kinzie street, following as far as practicable the streets nearest to said branch, on such sides of the centre of streets as the common council may prescribe; said track not to be laid west of the west line of Canal street; and also a track leading from the last men tioned track, at or neat its intersection with the eastern line of the said south branch of the Chicago river, along the line of said south branch, into Market street, following as far as possible the streets nearest the river, and on such sides of such streets as the common council may direct; thence along the west line of Market street northerly to Lake May extend street. And they may also extend the track of said road track. from their track or grounds south of the south pier, across the Chicago river to North Water street, by means of a draw-bridge or other mode, which shall not obstruct navi gation, and which may be approved by the common council. Trackc to SEC. 5. And the said tracks shall be so constructed, accommodates furnished and operated as to meet the demands of business upon the streets and lines through and along which they shall run. The said side tracks, the stations, depots, turn outs, switches, turn-tables, buildings and bridges along said 456 m RAILROADS. 457 lines, as well as the motive power to be used and the rate POIweL ot of speed thereon, to be subject to such regulations as the common council may from time to time prescribe for the government of side tracks of railroads within the inhabited portions of the city. Said side tracks shall be open to the use of other railroad companies, and railroads connecting therewith, upon just and equitable terms, to be agreed upon by the parties interested, and, in case of disagreement, by arbitration SEc. 6. The said company shall erect and maintain, on Fences, etc. the western or inner line of the ground pointed out for its main track on the lake shore, as the same is herein before defined, such suitable walls, fences or other sufficient works, as will prevent animals from straying upon or obstructing its tracks, and secure persons and property from danger. Said structure to be of suitable materials and sightly Fencest, etc., hwmade. appearance, and of such height, as the common council may direct, and no change therein shall be made except by mutual consent: Provided, however, That the company shall construct such suitable gates at proper places at the ends of Gates. the streets, which are now or may hereafter be laid out, as may be required by the common council, to afford safe access to the lake: And provided, also, That in case of the Eraebo.and construction of an outside harbor, streets may be laid out to approach the same, in manner provided by law, in which case the common council may regulate the speed of locomotives and trains across them. SEC. 7. The said company shall erect and complete Protection against lake. within three years after they shall have accepted this ordinance, and shall forever thereafter maintain, a continuous wall or structure of stone masonry, pier-work or other sufficient material, of regular and sightly appearance, and not to exceed in height the general level of Michigan avenue opposite thereto, from the north side of Randolph street to the southern bound of Lake Park before mentioned, at a distance of not more than three hundred feet east from and parallel with the western or inner line pointed out for said company, as specified in section two hereof, and shall continue said works to the southern boundary of the city, at such distance outside of the track of said road 457 RAILROADS,. SPECIAL LAWS AND ORDINANCES. as may be expedient, which structure and works shall be of sufficient strength and magnitude to protect the entire front of said city between the north line of Randolph street and its southern boundary from further damage or injury from the action of the waters of lake Michigan, and that part of the structure south of Lake Park shall be com menced and prosecuted with all reasonable dispatch after the acceptance of this ordinance. Not to in- SEC. 8. The said company shall not in any manner, nor trude upon Lake Park. for any purpose whatever, occupy, use or intrude upon the open ground known as Lake Park, belonging to the city of Chicago, lying between Michigan avenue and the western or inner line before mentioned, except as far as the common council may consent, for the convenience of said company, while constructing or repairing their works in front of said ground. Norobstruct SEC. 9. The said company shall erect no buildings view. between the north line of Randolph street and the south line of the said Lake Park, nor occupy nor use the works proposed to be constructed between these points, except for the passage of, or for making up or distributing their trains; nor place upon any part of their works between said points any obstruction to the view of the lake from the shore, nor suffer their locomotives cars or other articles to remain upon their tracks, but only erect such works as are proper for the construction of their necessary tracks and the protection of the same. hruvegts SEC. 10. The said company, in constructing the said protection. line of works in front of Lake Park and the public grounds, shall make and keep open through the same such culverts or ways as the common council shall prescribe, from the open lake to the space inside of the western line before mentioned, as will afford room for the uninterrupted flow of the water through the same. trackt eon_ SEC. 11. The said company shall lay down, construct, nect with Rock wistlhnd operate and maintain a track, with suitable turn-outs, railroad. switches and turn-tables, through Twelfth street, or through such other street north of North street as the common council may designate, from their main track on the lake shore, to connect with the said tracks to be constructed by 458 -~~~~~RiRAS 459^ the Chicago and Rock Island Railroad Compay, or procure the same to be done, as provided by an ordinance of the city of Chicago, passed April 2, 1852, so soon as the said track on the east side of the south branch of the river shall be completed: Provided, That the city of Chicago shall furnish the right of way to the said company, free of cost, before requiring said track to be constructed. SEC. 12. Upon the acceptance of this ordinance by the Aogreemmdet said company, (which shall be within ninety days of the with city. passing of the same), a contract or agreement embodying the provisions herein contained, and stipulating that the permission, rights and privileges hereby conferred upon said company shall depend upon the performance on their part of the requirements made upon them by this ordinance, shall be executed, sealed and delivered on the part of the city of Chicago by the mayor thereof, and on the part of the Illinois Central Railroad Company by the president thereof, both in usual legal form Passed June 14, 1852. AN ORDINANCE concerning the Illinois and Wisconsin Railroad Track. BREcrIoN 1. The Illinois and Wisconsin Railroad Company to lay track, etc., on their own land, and cross streets in certain limits of the west division; reservation to the city, of power to control construction, motive power and speed. SECTION 1. Be it ordain?ed by the Common Council of the Authority to lay track. City of Chicago, That the Illinois and Wisconsin Railroad Company are hereby authorized to lay down through their own land, or such land as they may acquire by purchase or otherwise, the track, switches, turn-tables and turn-outs, as said company may deem proper, within the following described limits of the west division of the city of Chicago: All of Waubansia addition west to the centre of Jeffer- Limlt. son street, and that part of Russell, Mather & Roberts' addition lying north of Owen street, and those parts of sections four, five and eight, lying between Milwaukee avenue and the north branch of the Chicago river, and for the purposes of such track, to intersect and cross any street or streets said company may deem proper; the city hereby reserving to itself the power to control the manner of con 459 RAILROADS. SPECIAL LAWS AND ORDINANCES. structing said track, and the motive power to be used, and the speed of the same. Passed October 4, 1852. AN ORDINANCE in relation to the Chicago, St. Charles and Mississippi . Air-line Railroad. 8ECTION 1. The Chicago, St. Charles and Missis sippi Air-Line Railroad Company to construct railroad in certain limits in west division of the city on their own land; crossings and warning tables; subject to laws and ordi nances. SECTION 2. May construct track in street in cer tain other limits in west division, and use for three years; contract to vacate; not to occupy more than ten feet in width; construct so that carriages may pass. 8. Speed not to exceed five miles per hour, subject to ordinances. 4. Ordinance not to take effect until company execute bond to pay all damages. Permission SECTION 1. Be it ordained by the Common Council of the to lay track, and limits. City of Chicago, That permission be and is hereby granted to the Chicago, St. Charles and Mississippi Air-line Railroad Company to construct in the west division of said city, one or more railroad tracks upon any land south of Madison street or north of Lake street, which they may procure by purchase or otherwise, and to lay down said track or tracks across any street within the boundaries aforesaid, wherever any such street crosses their intended line of railroad, and also to construct and use al] depots necessary to accommoCrossings, date the business of said company: Provided, That conetc. venient crossings be made by said company where the said track crosses the line of streets, and sufficient warning tables be erected in some conspicuous place at or near said crossings; said company to be subject to all laws and ordi nances that are now in force or may hereafter be passed to regulate railroads within this city. Road, wher ondtrhterde SEC. 2. Said company may also introduce their road constructed. into said city on any street or streets in the west division of the said city, south of Polk street, and extend the same to the south branch of the Chicago river, or on any street or streets north of Fourth street (north of Kinzie street), and extend the same to the north branch of the Chicago river; and may occupy so much of said street or streets as may be necessary for the purpose of constructing, maintaining, using and occupying a single railroad track, with the neces 460 -~~~~~AIRAS 6 sary switches, turn-tables and turn-outs, for the period of Contract three years: Provided, That said company will enter into a with citr. contract with the city of Chicago to vacate said streets of their railroad track or tracks at the expiration of that time, and place the street so vacated in good order for ordinary travel, subject to the approval of the street commissioner and aldermen of the west division: Provided, The space occupied by said road, except when turn-outs, turn-tables or switches occur, does not exceed ten feet in width of the centre of said street or streets: And provided, Said work be so constructed that carriages may pass along either side of said road, and may conveniently cross the same. SEC. 3. Said company may run their trains by locomo- Speed of loootiyes tives within the limits before described herein, at a speed not exceeding five miles per hour, subject to such ordinances as may from time to time be passed by the common council of said city, establishing and regulating speed and motive power within said city. SEC. 4. This ordinance shall not take effect until said Bond. company shall hav.e entered into a bond with the city of Chicago, conditioned for the payment of all damages for which the said city may become liable to any person or persons by reason of the said road entering said city, or by reason of said company constructing, laying down, using or occupying said railroad track or tracks within said city, and conditioned also for the payment of all damages which may arise to the said city of Chicago and to any person or persons whomsoever, by reason of said company constructing, laying down, maintaining, using and occupying said railroad track or tracks within the said city of Chicago. Passed April 11, 1853. AN ORDINANCE to amend an Ordinance in relation to the Chicago, St. Charles and Mississippi Air-line Railroad. SARSON SECTION 1. Limits in which railroad may be con- 3. May construct draw-bridge across structed changed; crossings and south branch of Chicago river, south warning tables; subject to laws of Twelfth street; not toimpede and ordinances. navigation; join and connect with 2. Speed not to exceed five miles per other companies hour. subject to ordinances. 461 RAILROADS. SPECIAL LAWS AND ORDINANCES. Permission SECTION 1. Be it ordaine(d by the Common Council of the to construct trak, and ity of Chicago, That permission be, and is hereby granted to the Chicago, St. Charles and Mississippi Air-line Rail road Company to construct, maintain and operate in the west division of said city one or more railroad tracks upon any land south of Madison street or north of Lake street, and also any other railroad track within said city, west of the west line of sections twenty (20), seventeen (17), and eight (8), which said company may procure by purchase or otherwise; and to lay down said track or tracks across any street within the boundaries above described, wherever any such street crosses their intended line of railroad; and also to construct and use all depots which may be necessary to accommodate the business of said company: Provided, That Crossings. convenient crossings be made by said company where the said track or tracks cross the line of streets, and sufficient warning tables be erected in some conspicuous place at or near said crossings; said company to be subject to all laws and ordinances that are now in force or may hereafter be passed to regulate railroads within said city. loecomotives SEc. 2. Said company may run their trains by locomo tives within the limits herein described, at a speed not ex ceeding five miles per, hour, subject to such ordinances as may, from time to time, be passed by the common council of said city establishing and regulating speed and motive power within said city. Drawbridge SEC. 3. Said company may construct, maintain and use where and how con- a railroad draw-bridge across the south branch of the itructed Chicago river, at any point south of Twelfth street in said city, for the purpose of connecting their track with the track of any other railroad company, which may be ap proved by the common council: Provided, Said bridge shall be so constructed as not materially to interrupt or Mth Yjocio impede the navigation of said south branch. And the said oth-erjom pany. company may join any other railroad company in the erec tion and use of any railroad bridge heretofore authorized or which may hereafter be authorized to be constructed across said south branch, and the said company and any other railroad company may jointly use each other's track or tracks and bridge, and form material connection within 462 RAILROADS. 463 said city, upon such terms as may be agreed upon by the parties interested. Passed August 8, 1853. AN ORDINANCE in relation to the Fort Wayne and Chicago Railroad Company. SEOTION 1. The Fort Wayne and Chicago Rail road Company to lay, etc., track in certain limits, in street. 2. Same, on their own land, in same and additional limits; crossings and warning tables; subject to laws and ordinances. 8. May use locomotive engines. under rules and regulations of council. SECTION 4. Draw-bridge or tunnel, across or under south branch of Chicago river; not to impede navigation; may join therein with other company. 5. May construct and operate with horse power on street or their own ground in additional limits; planking car riage-way; consent of property holders. 6. Ordinance not to take effect until company give bond to the city, con ditioned for payment of damages. SECTION 1. Be it ordained by the Common Council of the Prermisesiot granted to City of Chicago, That permission and authority be, and aytrack. is hereby given to the Fort Wayne and Chicago Railroad Company to lay down, maintain and operate a single railroad track in any one street in the city of Chicago west of Limits. the west line of Clark street, from the southern boundary of said city as far north as the south line of North street, and all such turn-outs, switches and turn-tables as shall be deemed necessary. SEC. 2. Said company may and shall have the power Alddiit,o to lay down, maintain and operate one or more railroad tracks, with such turn-outs and switches as they shall deem necessary, on any ground which they may acquire by purchase, donation or otherwise, within the district and boundaries aforesaid, and also from the north line of the district and boundary aforesaid as far north as the south line of Van Buren street, and west of the west line of Clark street, and to lay down, and maintain and operate any such track or tracks, and turn-outs, across any street or streets, or alleys, within the districts aforesaid, and also to acquire, as aforesaid, and use all depot grounds, and to erect all depot buildings necessary to accommodate the business of said company: Provided, That convenient cross- Crtios,gin etc., to -be ings shall be made and maintained by said company where constuct.& such track or tracks cross any such street or alleys, and SPECIAL LAWS AND ORDINANOES. Warning proper warning tables shall be erected in conspicuous places tables. company at or near such crossings. Said company shall be subject subjiece,t t o ordainances to all laws and ordinances that are now in force or may of city. hereafter be passed to regulate railroads within said city. Locomotive SEC. 3. Said company may use and operate said railroad power. tracks, within the districts aforesaid, with locomotive en gines and cars, under such rules and regulations with refer ence to the speed, motive power and manner of running the same as the common council of said city may, from time to time, impose and make. May erect SEC. 4. Said company may construct, maintain and use bridge or tunnel in a railroad draw-bridge across the south branch of the south branch. Chicago river, or a tunnel under the same, at any point south of the south line of Twelfth street in said city: Pro vided, Said bridge or tunnel shall be so constructed as not Not to oh- materially to interrupt or impede the navigation of the struct navigation. south branch of the Chicago river; and the said company May unite with other may join any other railroad company in the erection and railroad. use of said bridge or tunnel, heretofore authorized or which may be hereafter authorized to construct a bridge across the said south branch, and said companies thus uniting may jointly use each other's track or tracks, bridge and depots, and form mutual connection within said city upon such terms as may be agreed upon by the parties interested. May operate SEC. 5. And said company shall have the power to conhorse power tracks. struct and maintain a single railroad track, and operate the same with horse power only, in any one street of said city, or may lay down and use one or more tracks on grounds which may be acquired by said company by purchase, dona tion or otherwise, within the following limits, viz.: west of Limits. the east line of Canal street, and between the south line of Harrison street and the north line of Kinzie street, and to cross any and all intervening streets and alleys in the track To plank and course thereof: Provided, Said company shall plank streets. the carriage-way of the street so occupied, in and on each side of said track, so as to render the same convenient for the passage of teams and travel: And provided, also, That To obtain said railroad company shall get the consent of a majority consent of property ill interest of the property holders on said street so occu owners. 464 - -. -.. O~b' 46 pied, before they proceed to lay down and operate said horse tracks. SEC. 6. This ordinance shall not take effect until the Bond to be said company shall have entered into a bond with the city given city of Chicago, conditioned for the payment of all damages for which the said city may become liable to any person or persons by reason of the said road entering said city, or by reason of said company constructing, laying down, using or occupying said railroad track or tracks within said city; and conditioned also for the payment of all damages which Cfonditions of bond. may arise to the said city of Chicago, and to any person or persons whomsoever, by reason of said company constructing, laying down, maintaining, using and occupying said railroad track or tracks within said city of Chicago Passed February 13, 1854. AN ORDINANCE concerning the Chicago and Mississippi Railroad Company. SOcTION SECTION 1. The Chicago and Mississippi Railroad 2. Tracks. where to be laid; crossings Company to lay side tracks from the subject to ordinances; street not to track of the Chicago and Rock Is- be obstructed; right of council to land Railroad Co(mpany; depots, rescind reserved; company liable etc., on its own grounds for damages. SECTION 1. Be it ordained by the Common Council of the t;remissiroks to lay tracks City of Chicago, That permission and authority is hereby granted. granted to the Chicago and Mississippi Railroad Company to lay down and use two such side tracks as its business may require, from the track of the Chicago and Rock Island Location of Railroad, as the same is located on block one hundred and nine (109) in the school section addition, south across Taylor street, and on block one hundred and eight (108.) And said company, on its own grounds procured for that purpose, may erect such depots, stations, buildings and shops as it thinks proper. SEC. 2. The side tracks herein authorized shall be laid To be laid between down east of Griswold street and west of Clark street, and Griswold and Clark the crossing at Taylor street shall be completed and finished streets. under the direction of the committee on streets and alleys of the south division of the city; such tracks at the cross- Crossing at Taylor ings of Taylor street shall be subject to all the ordinances street. 30 465 RAILROADS,. SPECIAL LAWS AND ORDINANCES. that now are or hereafter may be made by the city to reg ulate the crossing of railroads across the streets of the city: Street not Provided, That said street shall not at any time be obto be obstructed. structed by the stoppage of cars therein, nor shall the said street be obstructed longer than three minutes at any one Rigthis time by the crossing of trains under way: And provided, grant. The city council reserve the right to rescind at any time the rights hereby granted: Provided, also, The said company Company liable for all shall be liable for all damages that may accrue by reason of damages. the crossing, occupying or using said tracks. Passed September 11, 1854. AN ORDINANCE authorizing the use of Clark Street, (by Railroads,) upon making the Improvements specified herein. SEC'ON SECTION ~ 1. The Chicago and Rock Island Railroad 2. Supervision of the city superin Company, and the Michigan South- tendent. ern and Northern Indiana Railroad 3. Companies to indemnify city against Company, to lay additional track in damages. Clark street on conditions; where laid; planking and sewers; mate rials and grade; paving. Certain SECTION 1. Be it ordained by the Common Council of the companies a to lhorzed City of Chicago, That the Chicago and Rock Island Railroad to lay track, etc. - Company, and the Michigan Southern and Northern Indi ana Railroad Company, be and are hereby authorized to lay down an additional track in Clark street from its southern terminus to where their present track diverges from said street, and to maintain and use the same on the following Conditions terms and conditions: Tracks tobe First. That the east rail of the east track shall be placed laid, where. in the centre of the street, and the additional track hereby authorized be placed west, and as near the east track as practicable. Planking Second. That such companies shall plank the whole and sewers. surface of each street, including sidewalks, between the points first above indicated, and put in good, complete and proper sewers on both sides, and forever maintain such planking and sewers in good order and condition, and cross sewers, if necessary. Materals Third. That the planks shall be of oak, not less than three (3) inches, and laid upon oak stringers with proper 466 RAILROADS. 467 bearings, and upon the grade fixed by the city; and when- conste= 98 ~~~~~~~~~~~~~~~~~~~~~~tion, etc. ever the city shall pave the balance of South Clark street, then such companies shall pave the portion used by them in the same manner, free of expense to the city. SEc. 2. The work provided in this ordinance is to be t,Benpiodeontto oversee done under the supervision of the city superintendent. wovrk.ee SEC. 3. The powers herein granted are upon the con- Companibels respons~ible ditions that such companies shall fully indemnify the city fordamage, against all damages to which the city may be subjected by property holders on said street, in consequence of the powers herein granted. Passed January 7, 1856. AN ORDINANCE concerning the Illinois Central Railroad. PRBAMaBL. Reciting former grant to the SEoTIoN Illinois Central Railroad Company, of 1. Bounds of ground granted enlarged right to use ground, and that the ground upon condition torbe subject to con granted is too narrow. ditions of former ordinance. Uditions3 of former ordinance. WHEREAS, The common council of this city, by an ordi- Preamble. nance of the 14th day of June, 1852, granted to the Illinois Central Railroad Company, the right to enter and use in perpetuity for its line of railroad and other works necessary to protect the same from the lake, a width of three hundred feet from the southern boundary of the pub lic ground on Twelfth street to the northern line of Ran dolph street, the inner or the west line of which ground so to be used by the company, to be not less than four hundred feet east from the west line of Michigan avenue and parallel thereto; and whereas, the ground granted is shown to be too narrow to afford to said company a convenient means of approaching and using a part of their station grounds between Randolph street and Chicago river; therefore, SECTION 1. Be it ordained by the Common Council of the Permicssion to use cerCity of Chicago, That permission is hereby granted to the tain land said Illinois Central Railroad Company to enter upon and use in perpetuity, for its line of railroad, and other works necessary to protect the same from the lake, the space between its present breakwater, and a line drawn from a point on 467 RAILROADS. SPECIAL LAWS AND ORDINANCES. Subject to conditions of former ordinance. said breakwater, seven hundred feet south of the north line of Randolph street extended, and running thence on a straight line to the south-east corner of its present breakwater, and thence to the river: Provided, however, and this permission is only given upon the express condition, That the portion of said line which lies south of the north line of Randolph street extended, shall be kept subject to all the conditions and restrictions, as to the use of the same, as are imposed upon that part of said line by the said ordinance of June 14, 1852. Passed September 15, 1856. AN ORDINANCE amendatory of an Ordinance passed February 13th, 1854, concerning the Fort Wayne and Chicago Railroad Company, now the Pittsburgh, Fort Wayne and Chicago Railroad Company. SECTION 1. Company to lay tracks, etc.; to execute bond to the city, conditioned, etc.; right of council to authorize slips reserved; privileges granted, subject to general ordinances; tracks, how laid; grading, etc., of streets; compliance with former ordi nance. Company to SECTION 1. Be it ordained by the Common Council of the lay tracks, etc. C'ity of Chicago, That permission and authority be and is hereby given the Pittsburgh, Fort Wayne and Chicago Railroad Company to lay down, maintain and operate a rail road track or tracks, with necessary switches, turn-outs and side tracks in the street in the city of Chicago, running north and south on the centre line of section twenty-one, in township thirty-nine north, of range fourteen east of third principal meridian, from the south line of North street to the north line of Twelfth street, and thence in Beach street to Hlarrison street. Bondiand Provided, Said railroad company shall enter into bonds with the city of Chicago, to be filed in the clerk's office of said city, conditioned that said railroad company will afford facilities to the owners of property on said streets running north and south, for doing business on said railroad, by ,putting in side tracks necessary for that purpose, and ope xrate the said track so as to carry the cars of said railroad ,company, and of all other connecting railroads, on fair and seasonable terms, to and from said property, and also to 'hold and save harmless the said city of Chicago from all '468 RAILROADS. 469 damages in consequence of this act: And provided, also, slips. That nothing herein granted shall prevent the common council of the city of Chicago authorizing the construction of a slip or slips across said streets. And provided further, That the privileges hereby granted, Subjeclt to shall be enjoyed subject to all general ordinances that now ordinances. are or hereafter may be in force concerning railroads in said city. Provided, The tracks of said road shall be so laid as to Tradcks how interfere as little as possible with the usefulness of said streets, as road or carriage-ways, by grading, filling, and Grading, etc. planking or macadamizing them in such way as to allow free passage for carriages across and alongside its tracks, and in such manner as the common council shall direct, and also by changing the grade of said streets at any time it may be ordered by the common council, and that they will comply with all the restrictions imposed by the ordinance Comply with former to which this is an amendment. ordinance. Passed November 17, 1856. AN ORDINANCE in relation to the Joliet and Chicago Railroad Com pan. SECTION 1. May lay tracks in certain streets on conditions, as to paving, etc., of streets; width occupied, and manner of construction. 2. Contract between the city and the company to be made. SECTION 3. Supervision of officers of city. 4. To save city harmless from damages. 5. Subject to general ordinances. 6. Side tracks for convenience of ad joining property. 7. Maintain-bridges. SECTION 1. Be it ordained by the Common Council of the termission to lay track. City of Chicago, That permission be, and the same is hereby given and granted to the Joliet and Chicago Railroad Company to introduce said railroad into the city on the street known as the Archer road, from a point commencing on the section line between sections twenty-eight and twenty-nine, to Grove street, and from thence through Grove street to the north line of North street; and to use and occupy so much of said streets as may be necessary for the purpose of constructing, maintaining and using and occupying a single or double railroad track through said streets, with such turn-outs and branches, ex 469 RAILROADS. SPECIAL LAWS AND ORDINANCES. tending to adjoining lands, as may be deemed necessary for the successful use and occupation of said road, upon the Conditions. following conditions: Paving, etc. First. That said company shall plank, pave or macad amize the whole surface of said streets between the points indicated above, and forever maintain such planking, pav ing or macadamizing in good order and condition. - Widthed. Second. That the space occupied by said railroad shall not exceed fifteen feet in width on the Archer road, and shall not exceed twenty-four feet in width on Grove street, and shall be taken from the north-west side of Archer road. Carriages. Third. That said company shall so construct said work that carriages may pass along said streets, and may also conveniently cross said road. Contract SEC. 2. Upon the acceptance of this ordinance by the between cityand said company (which shall be within ninety days from the passage hereof,) a contract embracing the provisions herein contained shall be executed, sealed and delivered, on the part of the city of Chicago, bythe mayor thereof, and on the part of the Joliet and Chicago Railroad Company, by the president thereof, both in the usual legal form. Supervision SEC. 3. The work provided in this ordinance shall be of city officers. done under the supervision of the city superintendent, or such other officer or agent as the common council may direct. Damages. SEC. 4. Said railroad company shall save the city harm less from all costs, damages and suits arising from the occu pation of said streets, by said company, from any and all persons whomsoever. Subject to SEC. 5. This permission is granted subject to all genegeneral ordinances. ral railroad ordinances of the city of Chicago now in force, or that may hereafter be passed, in relation to crossing streets, rates of speed, and other matters of public conven ience and necessity. side tracks. SEC. 6. Said railroad company shall afford all necessary facilities to the owners of property on said streets for doing business on said road, by putting in side tracks necessary for such purpose, and to operate said tracks so as to carry the cars of said road, and all other railroads connecting, or 470 RAILROADS. 471~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ desirous of making connections with said road, on fair and reasonable terms to and from said property. SEc. 7. Said company shall make, maintain, and keep Bridges. in good repair, all road and slip bridges between the said points. Passed January 5, 1857. AN ORDINANCE allowing the South Branch Canal Company to lay down Railroad Track in Streets in the West Division. SBOTION 1. May lay tracks, etc., in certain limits of west division, on their own land. 2. May cross streets; construct depots; to make convenient crossings. 8. May lay tracks on their own lands, and occupy certain streets in Green's south branch addition to Chicago. SEcOTION 4. May join any railroad company In construction of bridge across south branch of Chicago river, and in use of tracks. 5. May run trains by locomotives, at a speed not exceeding six miles per hour, subject to laws and ordinances. SECTION 1. Be it ordained by the Common Council of the May la,y Cty of Chicago, That permission be and is hereby granted to the Chicago South Branch Canal Company to construct, maintain and operate, in the west division of said city, one or more railroad tracks, with all necessary switches, turnouts, turn-tables, in, upon or through any and all lands owned or controlled by said company, between the air-line railroad track and South street SEC. 2. Said company may lay down said track or Crossing streets. tracks across any street within the boundaries aforesaid, wherever any such street crosses their intended line of railroad; also the right to construct and use all depots neces- Depots sary to accommodate the business of said company: Provided, That convenient crossings be made by said company, where the said tracks cross the line of streets. SEc. 3. Said company may construct, maintain and May lay tracks, etc. operate one or more railroad tracks through or upon any lands they own or control, in Green's south branch addition to Chicago; and, also, occupy such portion of the streets in said addition, for railroad purposes, as were provided for by reservation in the record of the plat of said addition. SEC. 4. Said company may join any railroad company, my jiom other comin the erection and use of any railroad bridge heretofore rnya to ~~~~~~authorized, or which may hereafter ~briz dg e and traks authorized, or whichu mayfhereafter be authorized, to be useof trackig 471 RAILROADS. SPECIAL LAWS AND ORDINANCES. constructed across the south branch of the Chicago river, and the said South Branch Canal Company, and any railroad company, may jointly use each other's track or tracks, and bridge or bridges, within the city, and form material connections, upon such terms as may be agreed upon by the parties interested. SEC. 5. Said company may run their trains, by locomotives, within the limits herein described, at a speed not exceeding six miles per hour, subject to such laws and ordinances as are now in force, or that may, from time to time, be passed by the common council of said city, establishing and regulating speed and motive power within said city. Passed January 5, 1857. Locomotives. Speed. Subject to ordinances. AN ORDINANCE concerning the Chicago and Milwaukee Railroad Company. SECTION 1. May lay track in streets to connect with the Galena and Chicago Union Railroad Company. Permission SECTION 1. Be it ordained by the Common Council of the to lay track. City of Chicago, That the Chicago and Milwaukee Railroad Company be and the same is hereby authorized to lay down and maintain the track for its railroad, with all neces sary side tracks and switches through and along so much of Jefferson street and West Kinzie street as shall be neces sary to connect the track of said railroad with the track of the Galena and Chicago Union Railroad on Kinzie street. Passed February 2, 1857. AN ORDINANCE to authorize the Chicago and Milwaukee Railroad Company to lay down a Track for its Railroad in Jefferson and West Kinzie streets. SETION SEICTION 1. May lay track in streets to conneet 2. Filling, paving, etc., of street. with the Galena and Chicago Union Railroad Company; how laid, loca tion, repair and grade. Permission SECTION 1. Be it ordained by the Common Council of the to lay track. Ckty of Chicago, That the Chicago and Milwaukee Railroad Company is hereby authorized and empowered to lay down, 4 RAILROADS. 473 use and maintain the track of its railroad through so much of Jefferson street and West Kinzie street as shall be necessary to connect the track of the railroad of said company with the track of the Galena and Chicago Union Railroad Company on West Kinzie street; said track to be laid down and How la'& used by said company and its agents as not unnecessarily to interfere with the public use of said streets, and the loca- Location. tion of said track to be fixed by the agents of said company, under the direction of the city superintendent, and said road to be kept in repair, at the expense of said com- Repair and pany, and the grades to be altered when directed by thegrade common council or city superintendent. SEC. 2. In consideration of the right granted to it by Filling, 'paving, eto., the foregoing section, said company shall fill said street up of street. to grade with gravel, or other suitable material, and shall, also, plank or pave said street, when required so to do by order of the common council. Passed April 20, 1857. AN ORDINANCE to allow a connection between the Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Rail road Companies, and such other Railroad Companies as may unite with them. SECTION 1. May lay tracks, etc., in certain limits, upon their own grounds. 2. May use for same purpose certain streets and alleys, if they improve the same as may be ordered by council. 3. May cross streets and alleys; shall go under streets on which may be bridges; how to be done; pay all damages; not to obstruct travel. ~ Terms and manner of associating other companies in the powers and privileges conferred hereby. BSECTION 5. Depots, freight houses, etc. 6. Rules and regulations by council as to speed, motive power and manner of running; if steam locomotives used coke or coal to be used for fuel, and speed not to exceed five miles per hour. T. To indemnify city against damages . Subject to general ordinance. 9. Companies accepting this ordinance to execute contract and bond to the city. SECTION 1. Be it ordained by the Commnon Council of the May lay tracks, etc., Cty of Chicago, That permission is hereby granted to the ontheirown grounds. Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Railroad Companies, and all other railroad companies that may unite with them, to lay down, construct, maintain and operate a single or double railroad track, with all the necessary switches, side tracks, turn-outs and turn-tables, across and upon any grounds that they may acquire or obtain the use of, between Van Buren and Kin 473 RA.ILROADS. SPECIAL LAWS AND ORDINANCES. zie streets, and the south and north branches of the Chicago river and Canal street. Mayetufs SEC. 2. Like permission and authority are hereby streets if they im- granted to said companies, or either of them, to use for the prove the-,, etc. purposes and in the manner mentioned in the foregoing section, West Water street, in the city of Chicago, and that portion of Canal street which is between the south line of Fulton and the north line of Kinzie streets, and also use for such purposes the alleys through blocks number twenty-two (22), twenty-nine (29), and forty-four (44), of the original town of Chicago: Provided, Said companies shall improve and maintain the public highways so used by them, as may, from time to time, be ordered by the common council. May crosa8d SEc. 3. The said companies shall have full power and streets and alleys. authority to cross all streets and alleys that may inter sect the route of the tracks granted by the preceding sec tion. The tracks of said roads, at their intersection with nerbridgen all streets that are now or hereafter may be bridged to treet cross either branch of the river, shall be carried under the streets in tunnels, so constructed as to protect the pub lic from accidents or injuries. And if, for these purposes, it is necessary to raise the grade of such streets, or of the approaches to the bridges, the same shall be done by and at the expense of said railroad companies, and under the direction and to the satisfaction of the city superintend ent of public works, or such other person or committee as the common council may direct or appoint to superintend Pay all such work, and said companies shall pay and shall hold the ~hmages city harmless from all damages arising from such raising of grades and filling and tunneling of approaches; and at the intersections of said track with the unbridged streets, where no tunnels are required, the said railroad companies shall Notobrtaet construct and maintain such crossings as to obstruct the travel ordinary travel as little as possible. Tenerm and SEC. 4. Said companies may associate with themselves manner Of aociating in the construction and use of such tracks, any and all other corer, hie~s. pnies railroad corporations, and any corporations so associ ated shall possess all the powers herein granted to the said Pittsburgh, Fort Wayne and Chicago, and the Chicago, St 414 -~~~~~RIPAS v7 Paul and Fond du Lac Railroad Companies, and said latter companies shall allow and permit the use of the tracks constructed under this ordinance by any other railroad corporations upon such terms and conditions as shall be fair and equitable, to be determined, in case of disagreement between the companies, by two disinterested and competent civil engineers, one to be selected by each party, and min case of their disagreement, a third shall be appointed by the judge of the Cook county court of common pleas; and the award and decision of said referees shall be final, con elusive and binding upon the parties. - SEc. 5. Said companies may establish, construct, main- Depots, etc. tain and use at any place or places between Lake and Van Buren streets, all such depots, freight houses and station buildings as the business of said companies, or of any and all companies that may use said tracks may require. And in case the depot shall be of such length, and so located as to extend over and require the use of grounds upon two adjoining lots or blocks, said companies may use the street between said lots or blocks for that purpose: Provided, Such street is not used as a public thoroughfare for crossing the river, and is legally vacated for the purpose. SEc. 6. Said companies may use and operate said rail- Genel regulations. road tracks, within the district aforesaid, under such rules and regulations with reference to speed, motive power, and manner of running the same, as the common council may from time to time impose and make; and if steam power locomotives be used, said companies shall use only coke or coal for fuel for the same, and the speed shall not exceed five miles per hour. SEC. 7. The permission and authority hereby granted DamageL to said railroad companies are upon the express condition that they shall each and all of them indemnify the city for any and all damage and expense to which it may be subjected by reason of the using and occupying of -any of the streets and alleys and grounds, in the district aforesaid, by said companies, or either of them. SEC. 8. All powers and privileges herein granted are subject to subject to the ordinance entitled "An Ordinance supple-oatemental to all ordinances concerning railroads," as the same 475 RAILROADS. SPECIAL LAWS AND ORDINANCES. Contracts and bonds to fulfill this ordinance. is found incorporated in the "Municipal Laws," chap. 49, pp. 363, 364 and 365.* SEc. 9. This ordinance shall not take effect or be in force unless the said Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Railroad Companies, shall, within ninety days of the passage hereof, file, with the comptroller, contracts in legal form, binding their respective companies to fulfill the same so far as any of its provisions apply to them, and also shall file as above the bonds of their respective companies, satisfactory in form and amount to the mayor and comptroller, to secure the fulfillment of said contract; nor shall any other railroad companies be entitled to participate in the rights and privileges herein granted, or any of them, until they respectively shall execute and file contracts and bonds in accordance with this section. Passed August 16, 1858. AN ORDINANOE in relation to the Chicago, St. Paul and Fond du Lac Railroad Company. SBcTrIoN 1. Time for said company to file contract and bond, under preceding ordinance, extended thirty days. Time to file contract and bond extended. SECTION 1. Be it ordained by the Common Council of the ity of Chicago, That section nine of an ordinance passed August 16th, 1858, entitled "An Ordinance to allow a connection between the Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Railroad Companies, and such other railroad companies as may unite with them," be so far amended as to grant to said Chicago, St Paul and Fond du Lac Railroad Company, thirty days additional to the ninety days therein specified, in which to file the "contract" and the "bond" of said company as required by said section number nine. Passed November 8, 1858. * Chapter 36, page 816, of this edition. 476 I.- , RAILROADS. 477 AN ORDINANCE permitting the laying down of a temporary Railroad Track in a portion of Canal Street. 8STION 1. Permission to lay temporary track in Canal street from Van Buren to Randolph street; restrictions on use; not to remain, etc. SECTION 2. Repair of Canal street; removal of track. 8. Provisions of former ordinance ap plied. SECTION 1. Be it ordained by the Common Council of the Permission to lay tem City of Chicago, That permission is hereby granted to the porarytrack Pittsburgh, Fort Wayne and Chicago Railroad Company, and such other railroad companies as may unite with them, to lay down and to use one railway track from the south line of Van Buren street northwesterly across said street; thence along the west side of Canal street to the south line of Madison street; thence northeasterly across Madison street; thence along the east side of Canal street to the south line of Randolph street Said track to be used only in the Restrictions conveyance of passengers and their ordinary baggage, and on use. not for freighting purposes. Also to be used only until said company can perfect a right of way and construct their track on the locality now selected and recorded for their permanent track, and not in any event to be used or to remain in said streets for a term longer than one year from the passage hereof, unless two-thirds in frontage feet of property owners owning lots abutting said section of Canal street, shall consent in writing to a longer continuance of said track in said street SEc. 2. The permission and authority herein granted, Repair of Canal street. are upon the express condition that said railroad company shall, at their own expense, during their occupancy of a portion of the same hereunder, put and maintain Canal street, from the south line of Van Buren street to the south line of Randolph street, in such condition and repair as the common council and the city superintendent of public works, or either of them, shall require, and within ten Removalof track. days after the expiration of said time, shall remove said track from said streets, and leave said streets in condition satisfactory to the city superintendent of public works. SEC. 3. Sections four (4), six (6), seven (7), eight (8), Formnnrce ordinance,~ and nine(9), of the ordinance passed August sixteenth, applied. eighteen hundred and fifty-eight, entitled "An ordinance to 477 RAILROADS. SPECIAL LAWS AND ORDINANCES. allow a connection between the Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Railroad Companies, and such other railroad companies as may unite with them," so far as the same are applicable, shall apply to, qualify and control the privileges and authority herein granted, and the action of all officers and parties hereunder. Passed November 22, 1858. AN ORDINANCE permitting the laying down of a temporary Railroad Track in a portion of Canal Street. SECTION SECTION 1. - Permission to lay temporary track in 4. Companies to give bondi for benefit Canal street, from Van Buren to of property owners, conditioned to Randolph street; restrictions on remove the track, etc. use. 5. When track to be laid. 2. Repair and condition of Canal street..6. Last preceding ordinance repealed. 8. Provisions of former ordinance ap plied. Permission SECTION 1. Be it ordained by the Common Council of the to lay temporarytrack'ty of Chicago, That permission is hereby granted, on the conditions herein expressed, to the Pittsburgh, Fort Wayne and Chicago Railroad Company, and such other railroad companies as may unite with them, to lay down and to use for two years from lay 1st, 1859, one railroad track along the east side of Canal street, from the south line of Van Buren street to the south line of Randolph street, said track Restrictions to be used only in the conveyance of passengers and their on use. ordinary baggage, and not for freighting purposes, except that, on an average, one freight train per day from north to south, and the same from south to north, may pass over the said track -the same to move not less than two nor more than five miles per hour, and not to stop at any point on the way. Repair, etc., SEC. 2. - In consideration of the privileges herein granted, of street and as an express condition ot the right to use and enjoy them, the said railroad companies shall, at any time when so ordered by the common council, or by any person or persons acting under their authority, supply gravel filling one -:foot deep the whole width of the roadway of Canal street from Van- Buren street to Randolph street, and also shall during the full time of their using the privileges 478 I 4 herein granted, keep i? repair, to the satisfaction of the council or any person pr persons acting under their author ity, the portion of Canal street so to be filled by them, and the said companies shall lay down and maintain said track and approaches at its sides in such way that it may be con veniently crossed at all points. SEC. 3. Sections four (4), six (6), seven (7), eight (8), Fordinarce and nine (9), of the ordinance passed August sixteenth, applied. eighteen hundred and fifty-eight, entitled "An Ordinance to allow a connection between the Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Railroad Companies, and such other railroad companies as may unite with them," so far as the same are applicable, shall apply to, qualify and control the privileges and authority herein granted, and the action of all officers and parties hereunder. SEC. 4. In addition to the contracts and bonds required Bo1, annd under section nine (9) of said ordinance of August six-thereof teenth, eighteen hundred and fifty-eight, the Pittsburgh, Fort Wayne and Chicago Railroad Company, or any other railroad company taking action hereunder, which shall lay down the said temporary railroad track in a portion of Canal street as herein provided, shall, within sixty days of the passage hereof, and before proceeding so to lay down said track, file with Robert H. Foss, Joshua L. Marsh and Eber J. Chapin, of Chicago, as trustees for the persons owning lots or lands fronting on the portion of Canal street between Van Buren street and Randolph street, the bonds of said railroad company in the penal sum of five hundred thousand dollars, conditioned that said railroad tracks shall be taken up, and said roadway restored to good passable condition, on or before the first day of May, eighteen hundred and sixtyone, and that in case said railroad tracks be not so taken up from said portion of Canal street, and the street so restored to good passable condition at or before the time specified, to wit, on the first day of May, eighteen hundred and sixtyone, then in that case said bonds shall become due and payable in their full amount to said trustees as aforesaid, as liquidated damages for the indemnification of said owners of lots proportionate to the frontage feet of property be 479 RAILROADS. SPECIAL LAWS AND ORDINANCES. longing'to them respectively on the part of Canal street so to be occupied. Whben latidk SEC. 5. The privileges herein granted are on the express to be laid. condition that said temporary railroad track in Canal street, from Van Buren street to Randolph street, shall be laid down on or before the fifteenth day of May next Laestei SEC. 6. The ordinance passed November twenty-second, preceding rrdi.nannce eighteen hundred and fifty-eight, entitled "An Ordinance permitting the laying down of a temporary railroad track in a portion of Canal street," is hereby repealed. Passed February 28, 1859. AN ORDINANCE granting permission to lay a Railroad Track through School Blocks 87 and 88. SEzCTIO 1. Permission to lay track and connect with railroads named, subject to removal by council. Ma"Y lay SECTION 1. Be it ordained by the Mayor and Aldermen track, etc. of the City of Chicago, in Common Council assembled, That permission is hereby given to lay so much of railroad track upon blocks 87 and 88, school section addition to Chicago, as may be necessary for business purposes upon said blocks, and that the same be connected with the Southern Michigan and Northern Indiana and Rock Island Railroads, at such points as the committee on schools of the common council may deem proper and necessary: Provided, That said track may be removed at the option of the common council. Passed August 13, 1860. AN ORDINANCE to vacate parts of First and Second Streets, and an Alley intersecting said Streets. SECTION 1. Certain parts of certain streets vaca ted for railroad purposes. 2. Certain parts of an alley vacated for railroad purposes. 8. Mayor and comptroller to release to the Chicago andNorthwestern Rail way Company, and to the Chicago and Milwaukee Railroad Company, respectively, the interest of the city in different portions ef the streets and alley vacated. SECTION 4. Interest to revert to the city when use for railroad purposes shall cease; proviso, that no vacation except where railroad companies own on both sides. 480 -~~~~~RIRAS 48 SECTION 1. Be it ordained by the Common Council of the Parts of streets 'ty of Chicago, That so much of First street as extends vacated eastwardly from Halsted street to Union street, and between blocks seventy-eight (78) and seventy-nine (79), in Russell, Mather and Roberts' addition to the city of Chicago, and also so much of Second street as extends eastwardly from Halsted to Union street, and between blocks seventy-seven (77) and seventy-eight (78), in Russell, Mather and Roberts' addition to the city of Chicago, be and the same are hereby vacated .and discontinued so long as they may be used for railroad purposes, and no longer. SEc. 2. That so much of the alley as extends south Part of alley from Chicago avenue to Third street, and intersecting acated. blocks seventy-nine (79), seventy-eight (78), and seventy seven (77), in Russell, Mather and Roberts' addition to the city of Chicago, be and the same hereby is declared va cated and discontinued, so long as it may be used for rail road purposes, and no longer. SEc. 3. The mayor and comptroller shall execute and Releaoe of interest of deliver, on behalf of the city, such proper release or re- cityrtot o railroad leases, conveyance or conveyances, as may be necessary, of companies. the city's right, title and interest in said vacated and discontinued streets and alleys, to the Chicago and Northwestern Railway Company, and to the Chicago and Milwaukee Railroad Company, and each of said companies, as follows: To the Chicago and Northwestern Railway Company all that part of said First street which lies west of the east line of-the alley through said blocks seventy-nine and seventy-eight, and the south half of that part of First street which lies between the west line of Union street and the east line of said alley, through said blocks seventy-eight and seventy-nine; also as much of Second street as lies between the west line of Union street and a line drawn from a point on the north line of lot one (1), in block seventy-seven (77), one hundred and eight (108) feet west of the north-east corner of said block seventy-seven (77), to a point on the south line of lot eight (8), in block seventyeight (78), one hundred and seventy feet west of the southeast corner of said lot eight (8); also all of the alley through said block seventy-eight (78) except that part which 31 481 RAILROADS. SPECIAL LAWS AND ORDINANCES. lies between the north line of Second street and a line drawn from a point on the east line of lot fifteen (15), in said block seventy-eight (78), sixty (60) feet north from the south-east corner of lot sixteen (16), in said block, measured on the west line of said alley, to a point on the west line of lot eight (8), in said block seventy-eight (78), thirty-one and a half feet north of the south-west corner of said lot eight (8). And to the Chicago and Milwaukee Railroad Company, the north half of said First street, be tween the west line of Union street and the east line of the alley through said blocks seventy-eight (78) and seventy nine (79); the whole of the alley through said block seventy-nine (79); the whole of said alley through block seventy-seven (77); so mnuch of the alley through block seventy-eight (78), as lies south of a line drawn from a point on the east line of lot fifteen (15), in block seventy eight (78), sixty feet north of the south-east corner of lot sixteen (16), in said block seventy-eight (78), to a point on the west line of lot eight (8), in said block seventy-eight (78), thirty-one and a half (31') feet north of the south-west corner of said lot eight (8), in said block seventy-eight (78); also, so much of Second street as lies between IHalsted street and a line drawns from a point on the north line of lot one (1), in block seventy-seven (77), one hundred and eight (108) feet west of the north-east corner of said block seventy-seven (77), to a point on the south line of lot eight, in block seventy-eight (78), one hundred and seventy feet west of the south-east corner of said lot eight And in each of which deeds, releases, conveyances, or other instru ments, this ordinance shall be fully recited. Interest to SEc. 4. The said First street, the said Second street, revert when railroad use and the said alley, or so much of the same as is herein vaoeases. cated and released to the before named railroad companies, shall immediately revert to the city of Chicago when the said railroad companies shall cease to use the streets and alleys vacated and released herein for railroad purposes, and all right and title thereunto shall again become vested in the city of Chicago, as before the passage of this ordiNo va.oation nance: Provided, That no streets or alleys shall be vacated except rail 482 RAILROADS. except where the railroad companies own upon both sides roads8, own eeboth sides. Passed August 13, 1860. AN ORDINANCE to amend an Ordinance passed August 16, 1858, enti tled "An Ordinance to allow a connection between the Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Rail road Companies, and such other Railroad Companies as may unite with them." SECTION SECTION 1. Permission to lay temporary tracks 4. Provisions to secure discontinuance across Lake, Randolph and Madison of use, and removal, of temporary streets, while permanent tracks and tracks. tunnels are constructing; time dur- 5. Mode of using temporary tracks reg ing which they may be used. ulated. 2. Flagmen at crossings. 6. Ordinance not to take effect until 3. Diligence required in locating depot railroad companies execute contract grounds, constructing permanent to perform it. tracks and tunnels; injunctions. 7. Grade of streets over tunnels fixed at twenty-two feet. SECTION 1. Be it ordained by the Common Council of the Permission to lay temCty of Chicago, That the ordinance passed August 16, pOiarytrack 1858, entitled "An Ordinance to allow a connection between pearmanent track and the Pittsburgh, Fort Wayne and Chicago, and the Chicago, tunntelscatre constructSt. Paul and Fond du Lac Railroad Companies, and such mg' other railroad companies as may unite with them," be and the same is hereby so modified as to permit a temporary track to be laid and used over Lake, Randolph and Madison streets, for the period of one year from the time when they shall first use said temporary track, or any part thereof, for the transportation of freight and passengers over either Lake, Randolph or Madison streets; said track to be laid in the alley in crossing blocks twenty-two, twenty-nine and forty-four, old town of Chicago. Whenever the permanent track and tunnels shall have been made, the right to use the said temporary track shall cease, although the twelve months shall not have expired: Provided, That if the said Injunction. companies, or either of them, shall be enjoined by the order or injunction of any court of competent jurisdiction from proceeding with the making of any or either of said last mentioned tunnels, or the laying of said temporary track, the time during which they are so enjoined shall be added to the time above limited for continuing the use of said temporary track and completing said tunnels; but in no 483 SPECIAL LAWS AND ORDINANCES. event shall said railroad companies, or either of them, be permitted to have or use said temporary track over either Madison, Lake or Randolph streets for a longer period than three years from the passage of this ordinance, except as provided for in the fourth section hereof. Flagmen. SEC. 2. The said companies shall station and keep a flagman upon every street crossed by the track aforesaid, and at the junction of Canal and West Water streets, whenever a train or locomotive shall be crossing any of said several streets on said track. Depot SEC. 3. The said Pittsburgh, Fort Wayne and Chicago grounds. Railroad Company shall commence and complete the loca tion of its depot grounds, between Madison and Adams streets in the west division, as soon after the passage of this ordinance as it legally can, and at all events within six Permanent months after the passage of this ordinance. And the aforetrack and tunnels. said railroad companies shall, immediately upon the passage hereof, begin and persistently follow the making of the permanent connection in and by said original ordinance contemplated, and the making and finishing of the several tunnels under Lake, Randolph and Madison streets, in the manner in said ordinance specified; of which said tunnels they shall finish that uder Madison street in four months, under Lake street in eight months, and under Randolph Injunction. street in ten months from the passage hereof. In the event of an injunction being obtained against proceeding with the permanent track or the tunnels, or either of them, the said railroad companies shall press for a hearing and disso lution as soon as possible, and the citizens of the west division may employ counsel to aid the counsel of said railroad companies in the same, and said railroad companies shall comply with all lawful orders of the court in the premises, and fairly and fully insist upon their right to make such track and tunnels. Removal of SEC. 4. At the expiration of the time as in the first temporary trcks. section of this ordinance provided, all right to have, con tinue or use the said temporary track by any or either of the railroad companies above mentioned or referred to, shall utterly cease and determine; and the said railroad compa nies, and each and every one of them, shall, and by the 484 -~~~~~AIRAS 8 acceptance of this ordinance and in consideration of the privileges hereby granted, expressly will and do jointly and severally covenant and agree to and with S. S. Hayes, David J. Lake, John C. Haines, C. N. Holden and William W. Farwell, and the survivors of them, severally and not jointly, as trustees of the rights and interests of the present owners, their grantees or assigns, of property situate in the west division of Chicago, without the power in said trustees of releasing or acquitting the said railroad companies or either of them therefrom, that the said temporary track or appurtenances shall not be continued beyond the period aforesaid, nor shall said railroad companies, or any of them, or any one for them, apply to the common council to ex tend the said term of such continuance thereof, or accept, or in any manner receive any extension or renewal of the said term, except upon the petition hereinafter mentioned; and any act, attempt, or authority from any source what ever, except as hereinafter provided, purporting to author ize the continuance of the said track across the said streets above mentioned, or either of them, beyond the said period, shall be absolutely null and void as to the said trustees and each of the property owners and inhabitants of said west division; and the said trustees, their agents or servants, or any inhabitant of said west division, may, if said track be continued across either of said streets beyond the period aforesaid, enter upon, tear up and remove the portion of said track crossing said street or streets as aforesaid, and be forever discharged and acquitted from any action by or liability to said railroad companies, or their assigns, or any or either of them, for so doing: Provided, however, That upon the presentation of the petition in writing of the owners of two-thirds, in lineal measurement, of the property fronting either of said streets crossed by such temporary track, counting from the river or the branch thereof which said street crosses west to the city limits, at least one month prior to the expiration of said year, the common council may, in its discretion, extend the use of said temporary track on such street for a longer period: Provided, also, That such petition shall designate the length of time for which such extension of use is sought to be granted. 485, RAILROADS. SPECIAL LAWS AND ORDINANCES. Mode of SEC. 5. The said temporary track is to be used by the teapkosrary said railroad companies, as aforesaid, with the utmost care and caution, and every locomotive in coming in from the north shall come to a full stop near to and before crossing Kinzie street, and in coming in from the south in like man ner, before crossing Van Buren street. The rate of speed on such temporary track shall be subject to the control and regulation of the common council, and shall in no place thereon exceed the rate of five miles per hour; trains shall not be made up on said temporary track, and all locomo tives used thereon shall use coke or coal for fuel, and a clear violation of any of the provisions of this ordinance by any of the railroad companies aforesaid, shall render the same absolutely null and void, and all the rights herein and hereby granted shall thereupon cease and determine: Pro vided, There shall be no switch or switches located at the crossing of any street or alley. benetraectutetd SEC. 6. This ordinance shall not take effect, nor shall before od-. cutaned beforne ordi-e either of the railroad companies aforesaid commence the effect. construction or use of said temporary track or any part thereof, until the Pittsburgh, Fort Wayne and Chicago, and the Chicago and Northwestern Railway Companies, shall have first respectively,.in writing under seal and in due form, bound themselves to the acceptance and performance of this ordinance, and filed such written acceptance with the comptroller of the city of Chicago, and made and de livered a duplicate of the same personally to either William W. Farwell or David J. Lake aforesaid, for the said trus tees above mentioned. Nor shall this ordinance take effect as to any other railroad company proposing to construct or use such track, until such company shall have first filed and served the obligation in this section required. Grades. SEC. 7. The grade of said streets at the several points at which the tunnels shall be located, are hereby fixed at twenty-two feet above low water mark in the Chicago river. Passed August 18, 1860. 486 RAILROADS. 487 AN ORDINANCE to amend an Ordinance, passed August 16, 1858, entitled "An Ordinance to allow a connection between the Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond duLac Railroad Companies, and such other Railroad Companies as may unite with them." SEICTION 1. Permission to cross Van Buren street at present grade, subject to future orders of council; ordinance to be void unless passenger depot located, etc. SECTION 1. Be it ordained by the Comnmon Council of the May cross Van Burei City of Chic'ago, That the ordinance passed August 16, street on present 1858, entitled "An Ordinance to allow a connection be- grade,, s~ubject to tween the Pittsburgh, Fort Wayne and Chicago, and the futu,ret. orders, tet. Chicago, St. Paul and Fond du Lac Railroad Companies, and such other railroad companies as may unite with them," be so modified as to permit the Pittsburgh, Fort Wayne and Chicago Railroad Company, and such other railroad companies as may unite with them, to cross Van Buren street at its present grade until the common council shall order otherwise, for the purpose of making said railroad companies comply with any grade it may hereafter establish, either by running over or under said street: Preovided, That the common council shall give six months notice of said change. But this ordinance shall be void, and all the Location of passenger rights, privileges and immunities under it, unless the Pitts- depot. burgh, Fort Wayne and Chicago Railroad Company shall locate their passenger depot on' the west side of the river, between Madison and Adams streets, within six months after the passage of this ordinance, and the marshal shall at once proceed to take up the track Passed August 18, 1860. AN ORDINANCE in relation to connecting School Blocks 81 and 88, School Section, by rail, with the Michigan Southern and Rock Island Railroads. SEcTION 1. Ordinance of August 13,1860, repealed. SECTION 1. Be it ordained by the Common Council of the Permissionk 'to lay track City of Chicago, That all ordinances or parts of ordinances epealed. heretofore passed, relative to laying a railroad track connecting school blocks 87 and 88, school section, with the 487 RAILROADS. SPECIAL LAWS AND ORDINANCES. Michigan Southern and Rock Island Railroad, be and the same are hereby repealed. Passed July 15, 1861. AN ORDINANCE to vacate Monroe Street, between Canal Street and the South Branch of the Chicago river, in accordance with the provisions of an Ordinance passed August 16th, 1858, entitled "An Ordinance to allow a connection between the Pittsburgh, Fort Wayne and Chicago, and the Chicago, St. Paul and Fond du Lac Railroad Companies, and such other Railroad Companies as may unite with them." PiuAMBLE. Reeciting reasons for vacating part of Monroe street. SBcTION 1. Vacating part of Monroe street for railroad passenger depot purposes. 2. Mayor and comptroller to convey the interest of the city in such part of the street to the company. SECTION 3. If the company cease to nse such part for a passenger depot, or neg lect to pay certain damages, such part of the street to immediately revert to the city. Reasons for WHEREAS, The said Pittsburgh, Fort Wayne and Chicago aatng. Railroad Company have purchased and are the owners in fee of blocks 71 and 72, in school section addition to Chicago, and have permanently located thereon a union depot for the accommodation of said company, the Chi cago and Northwestern Railroad Company, and such other railroad companies as may unite with them, and for the purpose of constructing upon said blocks such build ings and improvements as may be required for the busi ness of said companies, it is desirable that Monroe street, lying between said blocks, should be vacated, in accord ance with the provisions of said ordinance of August 16th, A. D. 1858; therefore, Vacation of SECTION 1. Be it ordained by the Common Council of the p~art of oMtro(etO City of Chicago, That so much of West Monroe street as sret. extends from the east line of Canal street to the dock line which may at any time hereafter be established by the au thorities of the city of Chicago on the west bank of the south branch of the Chicago river, and lying between blocks 71 and 72, in school section addition to Chicago, be and the same is hereby vacated and discontinued, so long as it may be used for railroad passenger depot purposes, and no longer. Oonveyance SEC. 2. The mayor and comptroller shall execute and of intereest,ve of city. deliver, on behalf of the city, such proper deed or convey 488 RAILROADS. 489 ance as may be necessary to convey all the right, title and interest of the city in said vacated and discontinued street to the Pittsburgh, Fort Wayne and Chicago Railroad Company, and in such deed or conveyance, or other instrument, this ordinance shall be fully recited. SEC. 3. If the said Pittsburgh, Fort Wayne and Chi- rween to revert to cago Railroad Company shall at any time cease to use for the city. railroad passenger depot purposes that portion of Monroe street which is hereby vacated, or if said railroad company shall at any time hereafter refuse or neglect to reimburse said city of Chicago for any amount of money it may be compelled by legal process to pay any person or persons, as damages caused by reason of the vacation and discontinuance of said portion of Monroe street, the same shall immediately revert to the city of Chicago, and any deed or conveyance given by the city of Chicago by virtue hereof shall be void, and all right and title thereunto shall again become vested in the city of Chicago as before the passage of this ordinance. Passed August 12, 1861. AN ORDINANCE to vacate certain Streets and Alleys in the West Division. SECBTION 1. Parts of certain streets and alleys vacated for purpose of a depot for the Chicago and Northwestern Rail road Company, only so long as they may be so used, and city to have the right to enter as to water pipes and sewers. 2. Mayor and comptroller to convey the interest of the city in such streets, etc., to the company. SEGTION 8. If the company cease to use such streets, etc., for depot, or neglect to pay certain damages, such streets, etc., to immediately revert to the city. 4. The city may take any part of said streets, etc., vacated, if necessary in establishing dock lines, without making compensation; forfeiture for neglect of company to comply with this section. SECTION 1. Be it ordained by the Common Council of the Parts of certain City of Chicago, That so much of Fourth street as lies be- streets and alleys tween the east line of Desplaines street and the west line of vacated for depot Jefferson street; also so much of Jefferson street as lies be- purposes. tween the north line of West Indiana street and the north line of Fourth street; also so much of Water street as lies between the south line of Indiana street and the north line of Cook street, and from the north line of Indiana street to Jefferson street; also the alley running north from Indiana 489 RAILROADS. SPECIAL LAWS AND ORDINANCES. street to tie north branch of the Chicago river, between Desplaines street and Jefferson street; also the alley be tween lots seventeen (17) and eighteen (18), and lots seven (7) and eight (8), in Waubansia addition; also the alley run nling east and west, north and adjoining lot eleven (11), in block sixty-one (61), in Russell, Mather and Robert's addi tion to Chicago, be and the same are hereby vacated and discontinued: Provided, however, That such vacation and discontinuance shall continue only so long as they may be used for railroad depot purposes and no longer: Provided CtYerma,ty further, That the city authorities shall have the right to enter upon any or such portions of said streets and alleys as they shall deem necessary for the purpose of laying down or repairing water pipes or sewers or either. Conveyance SEC. 2. That the mayor and comptroller shall execute of interest of city. and deliver in behalf of the city such proper conveyance as may be necessary to convey to the Chicago and North western Railroad Company so much of the right and title of said city to said streets and alleys hereby vacated, as is contemplated by the provisions of this ordinance, and sub ject to all the conditions in this ordinance prescribed. When to SEC. 3. That if the said Chicago and Northwestern revert to the city. Railroad Company shall at any time cease to use for rail road depot purposes the streets and alleys that are hereby vacated, or if said railroad company shall at any time here after refuse or neglect to immediately pay over to said city of Chicago any and all amount of moneys it may be judi cially determined that said city should pay as damages or costs, by reason of the property of any person or persons being damaged by reason of the vacation and discontinu ance of such streets and alleys, then such streets and alleys shall immediately revert to the said city of Chicago as before the passage of this ordinance, and any deed or con veyance given by virtue hereof shall in such event become immediately null and void. Dock lines. SEC. 4. If the authorities of the said city of Chicago shall at any time hereafter establish a dock line on the west bank of the north branch of the Chicago river, which shall necessitate the taking or cutting away of any portion of the streets and alleys hereby vacated, said railroad company 490 RAILROADS. 491 shall thereupon cease to use, and shall surrender to said city such portion or portions of such streets and alleys without charge or cost to said city, and said railroad company shall not be entitled to receive damages for the portion of streets or alleys so taken or cut away. Any neglect on Forfeiture. the part of said railroad company to comply with the provisions of this section, shall forfeit all right of said company to occupy or longer use the streets and alleys herein vacated. Passed October 21, 1861. AN ORDINANCE to allow a connection between the Galena and Chicago Union Railroad Track, and the Warehouse of L. Newberry & Co. SEcTIoN 1. Permission to connect railroad with elevator; bond to save city harmless; subject to ordinances and to repeal. SECTION 1. Be it ordained by the Common Council of the ermisslon to lay track City of Chicago, That permission and authority are hereby ong given to L. Newberry & Co., to lay down, maintain and operate a railroad track in, upon and along North Market street, from the track of the Galena and Chicago Union Railroad to Carroll street; thence, on Carroll street, to connect with the elevator of L. Newberry & Co.,.in block 14, original town of Chicago: Provided, Said Newberry & Co. shall enter into bonds with said city, to be approved by the mayor, to hold and save the city harmless from all damages in consequence of this act: And provided, The privilege hereby granted shall be enjoyed subject to all ordi- sibje,tto ordinances nances now in force concerning railroads, or which may be and repeal. hereafter passed regulating or in any way concerning the track laid in conformity with this ordinance: Provided, That this ordinance shall at all times be subject to repeal by the common council, and if so repealed, all the privileges hereby granted shall cease and determine. Passed February 10, 1862. 491 RAILROADS. SPECIAL LAWS AND ORDINANCES. AN ORDINANCE to vacate DePuyster Street. SEicTION SECTION 1. Part of street vacated for railroad 2. Unless used for railroad purposes, purposes; right of city to enter as and other conditions performed, to to sewers and water pipes. revert immediately to the city. Part of SECTION 1. Be it ordained by the Common Council of the street vaaclated for City of Chicago, That the street running east and west railroa purposes. through block sixty-seven (67), school section addition to Chicago, known as DePuyster street, (except a strip of the same, through the centre thereof, twenty (20) feet in width, running from Canal street east a distance of one hundred and twenty (120) feet,) be and the same is hereby vacated and discontinued: Provided, however, That such vacation and discontinuance shall continue so long, and so long only, as the same may be used for railroad purposes; and it is further provided, that the authorities of said city shall at all times have and possess, without charge or hindrance, Rightofcity the right to enter upon that portion of said street hereby vacated, or any part thereof, for the purpose of laying down or repairing either sewerage or water pipes. To revt to SEC. 2. That if the Pittsburgh, Fort Wayne and Chicago the city un-anth less certain Railway Company, and the Joliet and Chicago Railroad conditions -omplied C withPied Company, shall at any time cease to use for railroad pur poses the portion of the street hereby vacated and discon tinued, or if said companies, or either of them, shall at any time refuse or neglect to fully indemnify the said city of Chicago against, and save it harmless from all judgments or decrees, with the costs and expenses of the same, which may be recovered or obtained against said city, in any judi cial proceeding which may ensue from or in consequence of the vacation and discontinuance of said street, or if said companies shall not, immediately after the passage of this ordinance, widen and dedicate to public use (without charge or cost to said city), the alley in the rear of lots sixteen (16) to twenty-six (26) inclusive, in said block, to the width of twenty (20) feet, and extend the same through a portion of said vacated street, so as to intersect with that portion of said street herein before reserved or excepted, then this ordinance shall immediately become null and void, and said street shall thereupon revert to and become vested in 492 -~~~~~AIRAS 9 the said city of Chicago, as before the passage of this ordinance. Passed July 28, 1862. AN ORDINANCE approving the plans for a Bridge, to be erected by the Illinois Central Railroad Company across the Chicago River. PREAMBLE. Reciting former ordinance. S.CTION SECTION 2. Construction and management of 1. Plans of bridge approved, subject to bridge; company to pay all dam conditions. ages. WHEREAS, The common council, by ordinance passed June Former ordinance 14, 1852, (see Section 4, page 350, of Municipal Laws,)* recited. did authorize the Illinois Central Railroad Company to extend the track of said road from their track or grounds south of the south pier, across the Chicago river to North Water street, by means of a bridge, the plans of which were to be approved by the common council; therefore, SECTION 1. Be it oerdained by the Common Council of the Plans of .1bridge City of Chicago, That the plans for a pivot bridge presented aupproved, subject to by the. Illinois Central Railroad Company, to cross the conditions. Chicago river at a point designated in the foregoing preamble, be and the same is hereby approved; subject, however, to this express condition, that the breaking of ground for the erection of said bridge, or the taking of any measures by the said company or its agents towards the building of the same, shall be taken and construed as an acceptance of; and agreement on the part of said company to all the conditions, provisions, restrictions and requirements of this ordinance, and the same shall be binding upon said company. SEC. 2. Said railroad company shall construct said tcoonstdc tion and bridge under the charge and superintendence of the board manage merit of public works; and said company shall be liable for and bi de; chargeable with all damages -that may accrue and become dag payable to the owners or occupants of any real estate, or to the owners or charter party of any vessel, float or water craft, by reason of the construction, operation or improper care and management of said bridge; and said company shall, at its own cost, tend said bridge, and shall so operate * Page 456 of this edition. 493 RAILROADS. SPECIAL LAWS AND ORDINANCES. and manage the same as to cause the least possible obstruction to navigation; and said railroad company shall indemnify and save the city of Chicago harmless from any and all costs, damages, charges and expenses whatsoever, that may in any manner arise by reason of the erection or use of a bridge at that point. Passed December 1, 1862. AN ORDINANCE relative to the use of a part of Lumber Street by the Pittsburgh, Fort Wayne and Chicago Railroad Company. SECTION SECTION 1. Permission to lay tracks; construe- 2. Forfeiture for neglect to comply with tion, repair, etc., of streets; use of orders or ordinances. tracks. 3. Ordinance not to take effect until bond to pay all damages is given by the company. Permission SECTION 1. Be it ordained by the Coinmon Council of the to laytracks City of Chicago, That permission and authority be and is hereby given to the Pittsburgh, Fort Wayne and Chicago Railroad Company, to lay down, maintain and operate a single railroad track on the east side of Lumber street, from the intersection of said railroad with Lumber street to South street, together with all such turn-outs and side tracks leading into the property adjoining such said part of Lumber street as may be desired by the owners or occupants of such Construeo adjoining property: Provided, however, That said single track o be laid immediately over the ditch on the east side of said Lumber street, and it and all side tracks and turn-outs shall be laid in conformity with the directions of the board of public works of said city of Chicago, and in such a man ner as to interfere as little as possible with Lumber street for the ordinary purposes and uses as a highway: And proPepair, etc., vided further, That said railroad company shall at all times oif stroets. tret. keep that portion of Lumber street which lies between the points above mentioned in good repair, and shall repair, grade, plank or pave all that portion of said Lumber street as the said board of public works or said common council Use of shall order or direct, and shall, in the use of said track or tracks. tracks, be subject to all rules and regulations relative to motive power, speed, and manner of running thereon, that 494 RAILROADS. 495~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ the said common council have or hereafter may, either by general or special ordinance, make or impose. SEC. 2. If at any time the said railroad company shall Forfeiture Cfor neglect. refuse or neglect to comply with any order of said board of public works, or with any order or ordinance of said com mon council relative to the repairing, grading, planking or paving of said part of Lumber street, or relative to the lay ing of said track or tracks, or using the same, then all rights herein or hereby granted, or intended to be granted, shall cease and determine, and the said city of Chicago, its officers, agents, servants or workmen, shall have the right at once to take up and remove any or all of said tracks laid in said Lumber street. SEC. 3. This ordinance shall not take effect until the Bond to be said railroad company shall have entered into a bond with given. the city of Chicago, to be filed with and approved by the city comptroller of said city, and conditioned for the payment of any and all costs, expenses, fees, charges and damages for which the said city of Chicago may become or be held liable to any person or persons by reason of any act of said railroad company, in laying down said track or tracks in said Lumber street, or using or operating on the same, or by reason of said railroad company's neglect or refusal to keep said Lumber street, between the points above mentioned, in good repair, or to keep that portion of said Lumber street repaired, graded, planked or paved, as directed by said common council or said board of public works. Passed December 1, 1862. AN ORDINANCE concerning the Chicago, Burlington and Quincy Rail road Company. SECTION 1. Permission to lay tracks on alley and lands of company, and to cross streets within limits named. 2. Permission to lay tracks on their own lands, within other limits, and to cross streets; make connections with other roads; depots andbuild ings; crossings and warning tables; subject to laws and ordinances. SECTION 8. Track in North street in west divi sion. 4. Operate engines and cars under regu lations of council. 5. To keep that portion of North street in which track is laid in repair, and pay all damages which city may sustain. 495 RAILROADS. SPECIAL LAWS AND ORDINANCES. Permission SEcTION 1. Be it ordained by the Common Council of the to lay tracks, etc., City of Chicago, That permission and authority be and on alley and lands is hereby given to the Chicago, Burlington and Quincy of company,, and cSross Railroad Company to lay down, maintain and operate ono streets, within cer- or more railroad tracks, together with all such turn-outs, tain limits. switches and turn-tables as may be deemed necessary, on the alley next north of North street in said city, and on such lands as said company may acquire next south of and ad joining said alley, and in continuation of the same, from the south branch of the Chicago river to and across May street, and from May street, on such lands as it may acquire, to or near the point on the western limits of the city at which Evans street crosses said limits, with the right to cross all intervening streets. Permission SEC. 2. Said company is also hereby authorized to lay to lay trackson down maintain and operate one or more railroad tracks, their own landsin with such turn-outs and switches as they shall deem necesother limits. sary, on any ground which they now own or may hereafter acquire by purchase, donation, condemnation or otherwise, from its depot grounds on North street to South street, east of the east line of Stewart avenue, to Lumber street, and east of the east line of Lumber street, from its intersection with Stewart avenue to South street, and west of the south branch of the Chicago river, and from the south branch of the Chicago river to Stinson street, on any lands it may acquire within one block on either side of South street, and from South street to the St. Charles and Mississippi Air-line Railroad, on any lands it may acquire between To cross Stinson street and Lisle or Reuben street, and to lay down, streets. maintain and operate any such track or tracks and turn-outs across any street or streets and alleys within the district aforesaid, and also all such as may be necessary to the con venient use of any depot grounds the said company may now own or hereafter acquire in the vicinity of or adjoining said line of road, and the grounds of the Union track road as now laid between the said south branch of the Chicago Connections river and the Illinois Central Railroad, and to form connecwith other roads and tions with it and other roads, and also to acquire and use all depots. such depot grounds, and to erect thereon such buildings as said company may deem necessary for the convenient 496 RAILROADS. 497 transaction of its business: Provided, That convenient Crossings and warning crossings shall be made and maintained by said company, tables. where such track or tracks cross any such street or alley, and proper warning tables shall be erected in conspicuous places at or near such crossings; said company shall be subject to all laws and ordinances that are now in force, or may hereafter be passed, to regulate railroads within the said city. SEC. 3. Said company is hereby authorized to lay Trrcth itreet North street down, maintain and operate a single railroad track in North street, and fifteen feet south of the north line thereof. from a point two hundred feet west of the west end of the freight depot of said company, on block forty-eight (48), in Canal Trustees' subdivision of the north-west quarter of section twenty-one (21), in township thirty-nine (39)north, of range fourteen (14) east to the slip constructed in North street, at its intersection with the south branch of the Chicago river. SEC. 4. Said company may use and operate said rail- Enginesand road tracks with locomotive engines and cars, under the regulations and rules with reference to speed, motive power and manner of running the same as the common council of said city may from time to time impose and make. SEc. 5. Said company shall be required to keep that RePatrot street. portion of North street, in which said track shall be laid, in good repair, and pay all damages said city may sustain Damages. by reason of suits or otherwise on account of the laying down and using said track, on said part of North street, as provided for by section three of this ordinance Passed December 15, 1862. AN ORDINANCE granting permission to George Steele and Isaac Taylor to lay down and operate a Railroad Track. 8SEOTION SECTION 1. Permission to connect elevator by 2. To plank and repair streets; build railroad track with railroads named, and repair culverts; give bond to for removing grain only; limit on pay damages. liability of the city. 8. Subject to all laws and ordinances. 4. Ordinance to take effect from its passage. SECTION 1. Be it ordained by the Common Council of the P"tsei"l City of Chicago, That permission is hereby granted to 32 497 RAILROADS. SPECIAL LAWS AND ORDINANCES. elevator George Steele and Isaac Taylor to lay down and operate a with railrodas. railroad track across all intervening streets from their ele vator, situated on lots 8, 9 and 10, in block 4 of the Canal addition to Chicago, to the track or tracks of the Chicago, Alton and St. Louis, and the Fort Wayne and Chicago rail roads, on the most direct practicable route, for the purpose of removing grain to and from said elevator, and none other. But it is expressly understood that the city of Chitre not cago does not undertake to obtain for said Steele and Taylor any right of way, or other right, privilege or easement not now in the power of said city to grant or confer, or to as sume any liability or responsibility for the acts of the said George Steele and Isaac Taylor or their successors SEc. 2. The permission hereby granted is with the fol lowing express conditions, to wit: Peapnakr and First. That the said Steele and Taylor, or their successors, repair istreet~g. treet shall, at their own expense, plank the carriage-way of all streets across which their track or tracks when so laid shall pass, to the width of twenty-four feet, on a line of all such streets, and extending from a point not less than twenty feet from the outside rail on the one side of said track or tracks, to a point not less than twenty feet from the outside rail on the other or opposite side of said track or tracks, and said rails and planking shall be so laid that teams, carriages, and all other vehicles can easily and freely cross said track or tracks with the least obstruction possible, and shall at all times keep said planking and street and railroad crossings in good order and repair. Bnild and Second. That the said Steele and Taylor and their suc repair culverts. cessors shall, at their own expense, and subject to the di rection of the board of public works, build good and sub stantial culverts, and keep the same in good order and repair, on all streets where their track or tracks pass over or intersect any street or alley. Bond to pay Third. That the said Steele and Taylor, for themselves damages. and their successors, shall enter into a good and sufficient bond with the city of Chicago, conditioned that they will indemnify the city for any damage and expense to which it may be legally subjected byreason of the occupying of 498 r I .*- L'-, 1, -4, , ........S. I' any of the streets or alleys of the~city with their tracks or other fixtures. SEC. 3. The said George Steele and Isaac Taylor and s,ubjet to ~~aa~~ I~aws and their successors, shall be subject to all laws and ordinances ordinances. that are now in force or may hereafter be passed, to regulate railroads within this city. SEc. 4. This ordinance shall take effect and be in force erdinnce SEC. 4. Thi ordinanceshall take ffect and e in forcein force. from and after its passage. Passed September 7, 1863. A CONTRACT Between the Galena and Chicago Union Railroad Company and the city, ratified by an Ordinance at the end thereof, in relation to State Street Bridge, etc. This Indenture, made this thirtieth day of May, A. D. 1864, by and between the Galena and Chicago Union Railroad Company, party of the first part, and the city of Chicago, party of the second part, witnesseth: That whereas, the said city of Chicago proposes to erect and maintain a pivot or draw-bridge across the Chicago river, on or near the line of State street, in the south division, and Wolcott street in the north division of said city, the approach to which proposed bridge from the north will cross water lots one (1), two (2), and three (3), in Kinzie's addition to the city of Chicago, or parts of them, which water lots are owned by the said party of the first part; And whereas, by virtue of a certain ordinance of the city of Chicago, passed July 1th, 1848, the said party of the first part has heretofore laid and constructed, and has been and is now using and operating railroad tracks, in connection with its railroad, upon and across Wolcott street, between Kinzie street and the Chicago river; And whereas, it is believed that the public interests and convenience, as well as those of the Galena and Chicago Union Railroad Company, would be promoted by carrying the approach-way of the proposed bridge on the north side, over the railroad tracks of said company, in the form of a viaduct, instead of raising and filling Wolcott street from Kinzie street to the river up to the necessary grade; And whereas, the said party of the first part is willing to grant, convey and confirm unto the said party of the second part so much and such portions of the said water lots one (1), two (2), and three (3), in Kinzie's addition to Chicago, as is required for the extension of Wolcott street, through, sixty-six feet in width, to the Chicago river, in return for and in consideration of the rights, privileges and benefits hereinafter secured by the said party of the second part to the said party of the first part: Now, therefore, the said party of the first part, in consideration of the construction and maintenance of said bridge and viaduct, and of other valuable considerations in this agreement hereinafter contained, to be kept and performed by said party of the second part, and upon the conditions hereinafter specified, does hereby grant, convey and confirm unto the said party of the second part, all that portion of water Iots one (1), two (2), and three (3), in Kinzie's addition to Chicago, in the county of Cook and State of Illinois, which is embraced or included within the east and west lines of Wolcott street, in said city of Chicago, produced and extended southerly to the main Chicago river; the said party of the second part and its successors forever, to thereafter have and hold the same, for 499 RAILROADS. SPECIAL LAWS AND ORDINANCES. the purposes of a public street, but subject to the stipulations and conditions hereinafter mentioned. And in consideration of the above agreement to grant and convey as aforesaid, the said party of the second part hereby stipulates and agrees to and with the said party of the first part, that whenever the proposed bridge shall be erected across the Chicago river at the point above indicated, it shall be constructed in accordance with the plan and profile prepared for that purpose by the board of public works of the city of Chicago, and appended hereto, and when displaced by accident, or because worn out and requiring to be repaired or built anew, it shall be renewed or reconstructed without unnecessary delay, in accordance with the same plan and profile, unless the parties hereto mutually agree otherwise, a general description of which plan and profile is as follows: The said bridge shall be one hundred and eighty-four (184) feet longs revolving on a pivot at the centre, having two openings for vessels, each seventy-four (i4) feet wide in the clear. The said central pivot shall be fixed at a point in the river about one hundred and twenty-one (121) feet from that point in the northerly line of the river, which is intersected by the centre line of said bridge. The top of the floor of said bridge shall be twenty-one feet and three inches above the base line of the city level heretofore established. The northerly approach-way to said bridge shall be carried over the tracks of said railroad company on Wolcott street, in the form of a viaduct, on such a grade line, that the under side of the three-inch oak plank floor of the said viaduct shall be twenty-one feet above the base line of the said city level, to the end that the roadway over the bridge and the viaduct shall be level, and that the locomotives and cars of the said railroad company may always have free and uninter rupted passage to and fro along the said tracks beneath said viaduct; and to establish this definitely, it is hereby expressly agreed that the grade of Wolcott street, under the proposed viaduct, for the entire distance occu pied by the tracks of said company, and of North Water street, at its intersection with Wolcott street, shall be and is hereby established at seven feet above the base line of said city level, and the grade of North Water street, east and west of Wolcott street, shall ascend from Wolcott street at the rate of one (1) foot rise to one hundred (100) feet horizontal distance, until such inclined grade shall intersect and connect with the established grade of said North Water street; and the grade of Wolcott street, where occupied by the tracks of said company as above, and of North Water street within the limits above specified, shall never be changed or modified, except by the mutual consent of both parties to this indenture. The said viaduct is to be sustained at proper intervals by piers con structed of stone, or a double row of piles, well capped and cased in with two-inch oak plank, and is to extend from the north end of said bridge to a point ten (10) feet north of the centre line of the track entering the east door of the more northerly brick freight house of said railroad company, near the corner of Wolcott street and (new) North Water street, where it is to rest on an abutment pier, to be constructed of stone, or a double row of piles extending across the said viaduct thirty-eight (38) feet wide; from thence the approach-way will descend at the same width by such a grade as may be proper, to Kinzie street. From the said abutment to the south line of Kinzie street the approach-way is to be constructed, for the present, of piles and timber, with a roadway twenty-three feet and four inches wide. to be covered with three-inch oak plank, and with a side walk on each side of the roadway, and raised eight inches above it, seven feet and four inches wide, to be covered with two-inch oak plank. But nothing herein contained shall be so construed as to prevent the widening of this approach-way to the said viaduct, and the widening of said viaduct to the extent of the entire width of Wolcott street, or to prevent the raising and filling of Wolcott street, from the northerly abutment of said viaduct to Kinzie street, to such grade as will furnish to the public easy and convenient access to said viaduct and bridge. 5()O RAILROADS. 501 It is further mutually agreed, that the said Galena and Chicago Union Railroad Company shall have the right to construct and maintain, at its own expense, and for its own accommodation and convenience, a passage way for teams and foot passengers from the said viaduct, and connecting therewith on the westerly side thereof, to such point south of the south warehouse of said company as may be agreeable to said company, and in case the alley now used by said company, running along the northerly side of its north warehouse, across lots five (5), six (6), seven (7) and eight (8), in block one (1), in the original town of Chicago, should be hereafter extended easterly to Wolcott street, through lot or block one (1) in Kinzie's addition to Chicago, the said company shall also have the right to construct and maintain at its own expense another passage-way for teams and foot passengers from the approach-way to the said viaduct, and connecting therewith to the said alley: Provided, That these passage-ways and the use of the same, shall at no time be permitted to cause any ob struction or delay to the public travel across the said bridge and viaduct or the approach thereto. And the said party of the second part further agrees to take immediate steps to vacate a portion of the alley running through block two (2) in Kinzie's addition to Chicago, the portion to be vacated being described as follows: Beginning at its intersection with Wolcott street and running thence northeasterly to the south-west corner of lot one (1) in said block two (2); and, in consideration thereof, the said party of the first part hereby covenants and agrees, to and with the said party of the second part, that immediately after the vacating of the above described portion of the afore said alley, it will cause to be laid out, opened and dedicated to the public use, without expense or cost to the city of Chicago, a free passage-way from the remaining part of said alley into North Water street, along the easterly side of lot eleven (11) in block two(2) aforesaid, said passage-way to be eighteen feet wide. The said party of tILhe second part further agrees to take immediate steps to vacate all that portion of (old) North Water street situated in Kinzie's addition to Chicago, and lying west of the west line of Wolcott street produced to the Chicago river. It is further mutually covenanted and agreed, that the said party of the second part shall never grant to any other party the right to use or occupy any portion of the premises herein before conveyed by said party of the first part to said party of the second part for the extension of Wolcott street to the river, without the consent of the said party of the first part, nor shall the said party of the first part be hereafter excluded from such restricted use of the said granted premises as may be compatible with the full exercise and enjoyment by the said city of Chicago and the public at large of all the paramount rights, privileges and facilities which are by the foregoing terms of this instrument vested in or secured to the said party of the second part, or intended so to be. And the said party of the second part further stipulates and agrees, that the said railroad company shall at all times hereafter have the right uninterruptedly, to stand, move, or propel its locomotives and cars along North Water street and across Wolcott street, beneath the said proposed viaduct, any past, present or future ordinance of the city to the contrary notwithstanding; provided, however, that no locomotive when in active service, shall stop or stand directly under the said viaduct, and further, that so much of (new) North Water street at this point shall be left open and unobstructed as to allow always a free passage for teams through and along the same. And the said party of the first part, in consideration of the foregoing stipulations and agreements to be observed and performed by said party of the second part, further covenants and agrees, to and with the said party of the second part, that it, the said party of the first part, will contribute and pay to the said party of the second part, the sum of fifteen hundred dollars towards the construction of the said bridge and viaduct; such pay 501 RAILROADS. SPECIAL LAWS AND ORDINANCES. ment to be made whenever demanded by said party of the second part, after the final execution and ratification of this contract, and at any time after commencing to build said bridge. And further, that the said party of the first part shall and will, annually hereafter, as long as said bridge, viaduct and approach-way are maintained, on the first day of April in each and every year, contribute and pay to the said city of Chicago, the sum of four hundred dollars towards maintaining the said viaduct, and renewing and keeping the same in repair-said annual payments to commence on the first day of April next succeeding the opening of the bridge and viaduct to public use; and the first payment to be computed for such fractional part of the year as may intervene between such opening and such first day of April, at said rate of four hundred dollars per annum. It is further mutually agreed by the parties hereto, that this contract shall take effect and become binding and obligatory upon both parties, as soon as the same shall be duly ratified and confirmed by the common council of the city of Chicago; such ratification and confirmation to be evidenced by the passage of an ordinance prepared by the board of public works, and hereby declared to be a part of this agreement, and providing as follows, to wit: AN ORDINANCE approving a certain Contract with the Galena and Chicago Union Railroad Company. SECTION SECTION 1. Preceding contract ratified and con- 8. Part of an alley and part of North firmed. Water street vacated on condition 2. Grades of parts ofWolcott and North that company open new alley. Water streets fixed; not to be 4. Ordinance in force from its passage. changed without consent of com pany. Contract SECTION 1. Be it ordained by tie Common Council of the ratified and confirmed. Oity of Chicago, That the contract made and executed by and between the Galena and Chicago Union Railroad Com pany, party of the first part, and the city of Chicago, through the board of public works, party of the second part, bearing date the thirtieth day of May, A. D. 1864, in relation to the construction of a bridge across the Chicago river on the line of State street in the south division, and Wolcott street in the north division, a copy of which is hereto appended, be and the same hereby is in all respects approved, ratified and confirmed. Grades of SEC. 2. That pursuant to the terms of said contract, the Wolcott and NorthWater grade of Wolcott street, between the Chicago river and a streets. point ten feet north of the centre line of the track of the Galena and Chicago Union Railroad Company, entering the east door of the more northerly brick freight house of said company, near the corner of Wolcott and (new) North Water streets, be and the same is hereby permanently es tablished at seven feet above the base line of the city level heretofore established; and that the grade of (new) North Water street, at its intersection with Wolcott street, be and 502 RATTILROADS. the same is hereby permanently established at seven feet above the base line of the city level, and the grade of said (new) North Water street shall ascend east and west from Wolcott street at the rate of one foot rise to one hundred feet in horizontal distance, until such inclined grade shall intersect and connect with the general grade of said (new) North Water street, as now or as it may be hereafter established. The grades hereby established shall never be tgo~be changed without the consent of the said Galena and Chicago Union Railroad Company. SEC. 3. That a portion of the alley running through Pio- ndof alley and block two (2) in Kinzie's addition to Chicago, Wginning at (w-dtersthet its intersection with Wolcott street, and running thence v,ecate,aidf new alley northeasterly to the south-west corner of lot one (1) in said thpenod bY the company block two (2), and all that portion of (old) North Water street, situated in Kinzie's addition to Chicago, lying west of the west line of Wolcott street produced to the Chicago river, be and the same are discontinued and vacated: Provided, That a new alley shall be laid out and opened by the Galena and Chicago Union Railroad Company, from the remaining portion of the alley above referred to, into North Water street along the easterly side of lot eleven (11) in block two (2) of Kinzie's addition to Chicago, without charge or expense to said city, said alley to be eighteen feet wide. SEc. 4. This ordinance shall take effect from and after ordaitranee ~~~~~~~~~~~~~~~~~its passage.foro. its passage. In testimony whereof, The party of the first part have caused this contract to be signed by its President and Secretary, and affixed the seal of the said company. and the said party of the second part, through the board of public works, have also executed the same and caused to be affixed hereto the signatures of the commissioners of said board. W. H. BROWN, Pres. Attest: LsF,A.*] W. M. LARRABEE, Sdeary. J. G. GINDELE, FRED LETZ, O. J. ROSE, Board of Publiw Works. Ordinance passed July 11, 1864. 603 SPECIAL LAWS AND ORDINANCES. AN ORDINANC(E amending an Ordinance entitled "An Ordinance amending an Ordinance passed February 13th, 1854, concerning the Fort Wayne and Chicago Railroad Company, now the Pittsburgh, Fort Wayne and Chicago Railroad Company," passed November 1lth, 1856. PREAMBLE. Reciting extension of city SEcTtON limits and former rights of corn- 2. Limiting construction of last sec pany. tion. SECTION 3. Subject to all general ordinances. 1. Permission to lay tracks in Stewart 4. Repair of street; condition of tracks avenue. and kind of rail. Extension WHEREAS, Since the passage of the ordinance to which of city limits. the following is an amendment, the legislature of the State of Illinois has, by the passage of the act approved February 13th, 1863, entitled "An Act to reduce the charter of the city of Chicago, and the several acts amendatory thereof, into one act, and to revise the same," extended the limits of said city upon the south by in cluding in the city section No. thirty-three (33) in town ship thirty-nine (39) north, range fourteen (14) east of rights rof third principal meridian; and whereas, before the passage company. of said act, the Pittsburgh, Fort Wayne and Chicago Railway Company had acquired from the commissioners of highways of the town of South Chicago, and from the various property owners along the street or highway known as Stewart avenue, as the same was laid out and dedicated, through the centre of section thirty-three (33), the right of way for their track or tracks in said street or highway running through said section; and whereas, by the several ordinances to which this is an amendment, said railroad company were authorized and empowered to use said street as the same is located through the centres of sections No. twenty-one (21) and twenty-eight (28), in the manner therein specified, from the south line of North (now Sixteenth) street to the city limits; now, therefore, Permisstion SECTION 1. Be it ordained by the Common Council of the to lay tracks City of Chicago, That permission and authority is hereby given to the Pittsburgh, Fort Wayne and Chicago Railroad Company to lay down, maintain and operate a railroad track or tracks- not exceeding two in number- with the necessary switches, turn-outs and side tracks, in the street known and designated as Stewart avenue, in the city of 504 RAILROADS. 505 Chicago, as the same is laid out and dedicated, running north and south on the centre lines -of sections twenty-one (21), twenty-eight (28), and thirty-three (33), in township thirty-nine (39) north, range fourteen (14) east of the third principal meridian, from the south line of Sixteenth (form erly North) street to the southern boundary of said city. SEc. 2. Nothing in the foregoing section shall be con- Limasittsection strued as conferring upon said railway company the right to use any other street than the one therein named, nor as extending the right to use Stewart avenue between said points to any greater extent than is provided by the ordinance passed November 17th, 1856, granting to said company permission to use said street north of the south line of North (now Sixteenth) street, to which this is an amendment. SEc. 3. That the privileges hereby granted shall be srubjietctto ordinances. enjoyed subject to all general ordinances that now are or hereafter may be in force concerning railroads in said city. SEC. 4. The privileges granted by this ordinance are Repairof y ~~~~~~~~street. upon this express condition: That said railway company, its successors and assigns, shall, as respects grading, paving, macadamizing, filling, or planking, at its own expense, keep eighteen feet in width in repair on said Stewart avenue, so far as the same is embraced in this ordinance, and keep its tracks in such condition that wagons and other ancondi8tion of vehicles can pass and repass at any and all points and in any and all directions, and shall be subject to assessment for paving, repaving. planking, replanking, or any other kind of improvement, of eighteen feet in width of said avenue, whenever the common council shall by ordinance order said improvement to be made in said Stewart avenue, and shall then use the kind of rail and lay it in said avenue P-ai. in the manner directed by the board of public works. Passed August 22, 1864. 505 RAILROADS. SPECIAL LAWS AND ORDINANCES. AN ORDINANCE concerning the Chicago, Burlington and Quincy Rail road Company. SEOTION SaEOTION 1. Permission to lay track on streets 2. Mayoperatewithsteam,etc.; subject named, in certain limits, on condi- to general ordinances. tion of dedicating land to open a 8. Repair of streets; condition of track. street named. 4. Ordinance in force from its passage. Permission SECTION 1. Be it ordained by the Common Counci of the to lay track in sterdeets City Of Chicago, That permission and authority is hereby named. given to the Chicago, Burlington and Quincy Railroad Company and its successors, to put down, construct and maintain a railroad with a single track, and with the neces sary switches and turn-outs in that part of Brown street in said city which extends from Sixteenth to Twenty-second street, with the right to cross said last mentioned streets at the intersection of Brown street with the same, or at such other points near such intersections as may be necessary to connect said railroad with said company's main line near Sixteenth street, and with a railroad track to be built by said company on the fifty feet south of and adjoining the south line of Twenty-second street, and extending from the east to the west line of Green's south branch addition to on to do Chi cago: Provided, however, and this permission and tion to open street. authority is given upon the express condition, That said company shall procures and dedicate to said city so much land as shall be necessary to open Brown street northward from its present terminus to Sixteenth street; and in case the same or any part thereof is opened by or under the authority of said city, said company shall pay to the said city the costs and expenses of procuring land and opening the same, and shall indemnify and secure said city from any costs or expenses on account of the procuring of land for the opening of said part of said street. Opeorate SEc. 2. Said company and its successors are hereby with steam, subject to authorized to operate said railroad track with steam or such ordnances. other motive power as it shall deem best; the privileges hereby granted, however, shall be enjoyed subject to all general ordinances that now are and hereafter may be in force concerning railroads in said city. epair ofet. SEC. 3. The privileges granted by this ordinance are upon this expreets.ss condition That said railway company, upon this express condition: That said railway company, 506 RAILROADS. 5O its successors and assigns, shall, as respects grading, paving, macadamizing, filling or planking, at its own expense, keep ten feet in width, exclusive of and on one side of its track, in repair on said Brown street, so far as the same is embraced in this ordinance, and keep its tracks in such condition that Condition of wagons and other vehicles can pass and repass at any and track. all points and in any and all directions, and shall be subject to assessment for paving, repaving, planking, replanking, or any other kind of improvements, of ten feet in width of said street, exclusive of and on one side of its track, whenever the common council shall by ordinance order said improvement to be made. SEC. 4. That this ordinance be in force from and after iOnrdinrnce its passage. Passed November 2, 1864. AN ORDINANCE concerning the Chicago, Burlington and Quincy Rail road Company. SZCTION SECTION 1. Permission to lay track on streets 3. Repair of streets; condition of track. named, in certain limits, on condi- 4. No preferences to be shown between tion of dedicating land to open a lumber yards as to facilities for street named. transportation. 2. May operate with steam; subject to 5. Ordinance in force from its passage. general ordinances. SECTION 1. Be it ordained by the Common Council of the Permission to lay track City of Chicago, That permission and authority is herebyin streets named. given to the Chicago, Burlington and Quincy Railroad Company and its successors, to put down, construct and maintain a railroad with a single track, and with the necessary switches and turn-outs, in that part of Brown street in said city which extends from Sixteenth to Twenty-second street, with the right to cross said last mentioned street at the intersection of Brown street with the same, or at such other points near such intersections as may be necessary to connect said railroad with said company's main line near Sixteenth street, and with a railroad track to be built by said company on the fifty feet south of and adjoining the south line of Twenty-second street, and extending from the east to the west line of Green's south branch addition to Chicago: Provided, however, and this permission and author- On cod tiity is given upon the express condition, That said company streetn ity is given upon the express condition, That said company street. 507 RAILROADS. SPECIAL LAWS AND ORDINANCES. shall procure and dedicate to said city so much land as shall be necessary to open Brown street northward from its present terminus to Sixteenth street; and in case the same or any part thereof is opened by or under the authority of said city, said company shall pay to the said city the costs and expenses of procuring land and opening the same, and shall indemnify and secure said city from any costs or ex penses on account of the procuring of land for the opening of said part of said street. Operate SEC. 2. Said company and its successors are hereby with steam, suibject to authorized to operate said railroad track with steam or such ordinances. other motive power as it shall deem best; the privileges hereby granted, however, shall be enjoyed subject to all general ordinances that now are and hereafter may be in force concerning railroads in said city. Repair of SEC. 3. The privileges granted by this ordinance are streets. upon this express condition: That said railway company, its successors and assigns, shall, as respects grading, paving, macadamizing, filling or planking, at its own expense, keep ten feet in width, exclusive of and on one side of its track, in repair, on said Brown street, so far as the same is emCondition of braced in this ordinance, and keep its tracks in such contracks. dition that wagons and other vehicles can pass and repass at any and all points and in any and all directions, and shall be subject to assessment for paving, repaving, plank ing, replanking, or any other kind of improvements, of ten feet in width of said street, exclusive of and on one side of its track, whenever the common council shall by ordinance order said improvement to be made. No prefer- SEC. 4. The right hereby granted shall not be used for ences to be shown be- the purpose of building up a lumber business in one tween lum- brtsa locacli t y in said city and destroying it in another; and it is far trans- hereby expressly provided, and the authority hereby conportation. ferred is granted, upon the distinct understanding, that said Chicago, Burlington and Quincy Railroad Company shall receive all lumber delivered at its depot, in said city, for transportation over its road, and transport the same in the order of its delivery, so far as practicable, and if it shall take or send its cars off its own tracks, and to or into the lumber yards of any one locality in said city to be loaded, 508 -~~~~RIRAS 50 it shall, in like manner, take or send its cars to and into the lumber yards of every other locality in said city, which is reached by railroad, and over which railroad the said company shall have the right or privilege to run its engine and cars, and said cars, when sent, shall be taken or sent to the respective lumber yards in said city in the order in which application shall be made for the same, so far as may be practicable: Provided, however, That said company shall have the right to refuse cars to such persons or parties as shall, by their own fault or neglect, detain cars delivered at their yards to be loaded, over twenty-four hours at any one time. SEC. 5. That this ordinance be in force from and after Ordinance in force. its passage. Passed November 28, 1864. AN ORDINANCE for the vacation of that portion of Adams Street lying between Canal Street and the South Branch of the Chicago River, and for the construction of a Tunnel at Washington Street. SEOTION 1. Portion of Adams street vacated upon conditions named in following sections. 2. Pittsburgh, Fort Wayne and Chicago Railroad Comp any to pay $20,00s, and $80,000 to be raised by sub scription, in aid of tunnel at Wash ington street. 3. Proceeds of one hundred bonds of the city, of $1,000 each, appropriated for same purpose. SECOTION 4. When appropriation to take effect. 5. On compliance with second section, the interest of the city in portion of street vacated to be conveyed to company; reservation of right to the city to construct a tunnel or bridge at Adams street, upon cer tain terms. SECTION 1. Be it ordained by the Common Council of the Portion of Adams City of Chicago, That all that portion of Adams street which street vacated on lies between Canal street and the south branch of the Chi- condition& cago river, be and the same is hereby vacated anddiscontinued upon the conditions hereinafter contained. SEC. 2. That the vacation herein before provided for Railroad company shall take effect when and so soon as the Pittsburgh, Fort and subt scription to Wayne and Chicago Railway Company shall have paid Poay,i$dliooo to aid in the comptroller of the city the sum of twenty thousand buidil.g dollars, for the purpose of aiding in the construction of a tunnel under and across the Chicago river at Washington street, and an additional sum shall have been raised by subscription sufficient to make in all the sum of one hun 509 RAILROADS. SPECIAL LAWS AND ORDINANCES. dred thousand dollars for building said tunnel, besides the proceeds of the bonds hereinafter provided for. op$100,000aed- SEC. 3. That the proceeds of one hundred bonds of the ryomtyi for city of Chicago, of one thousand dollars each, bearing seven purpose. per cent. interest, payable half-yearly on the first days of July and January in each year, and the principal payable twenty-five years after their date, in the city of New York, to be issued by the mayor and comptroller, for the payment of which the faith of the city is hereby pledged, be and the same are hereby appropriated for the construction of said tunnel at Washington street by the city of Chicago, under the supervision of the board of public works, in accordance with the provisions of the city charter, which tunnel shall be forever free for the passage of teams and persons. Appropria- SEC. 4. That the appropriation aforesaid shall not take tion, when to take effect until proper authority shall be obtained from the legeffect. islature of the State of Illinois for the issuing of the said bonds, nor until the further sum, as provided in section two, shall be raised by subscription among the citizens and property holders, to construct said tunnel in accordance with a plan to be adopted by the board of public works. Conveyance SEC. 5. That after the payment of said sum of twenty 'of interest of city. thousand dollars, as provided in section two, by the said Pittsburgh, Fort Wayne and Chicago Railway Company to the comptroller, and the subscription and payment of said additional subscription of $80,000, a proper conveyance shall be executed by said city, conveying by quit-claim all of its right, title and interest in that portion of said Proviso for street qo vacated to said company: Provided, however, That future use by city for the right and privilege shall be and is hereby reserved to tunnel or bridge. said city to construct a tunnel under the Chicago river at said Adams street at any time hereafter, and to use so much of the street hereby vacated as may be necessary for that purpose: And provided further, That the right and priv ilege of constructing a bridge across the river at said Adams street, at any time within ten years from the completion of the tunnel first above provided for, shall be and is hereby also reserved to said city, upon refunding to said railroad company the aforesaid sum of twenty thousand dollars, and 510 RAILROADS. 511 said city shall have the right to use so much of the street hereby vacated as may be necessary or convenient for that purpose; and all buildings or erections that may be placed on said premises by said railroad company, its successors or assigns, which shall interfere in any way with the full exercise or enjoyment of the rights hereby reserved to said city, shall be removed by said railroad company, its successors or assigns, at its or their own cost, and without expense to said city. Passed January 9, 1865. AN ORDINANCE for the appropriation of the proceeds of one hundred Bonds for construction of a Tunnel at Washington Street, in accordance with the provisions of an Ordinance passed by the Common Council, on the 9th day of January, A. D. 1865. SECTION SECTION 1. Making absolute the appropriation 2. Formerordinance ratified and con contained in former ordinance. firmed. SEcTIoN 1. Be it ordained by the Common Council of the AtiroPnae mm~~~ ~~~ton ComaPode Caty of Chicago, That in accordance with the terms and absolute. provisions of the ordinance mentioned and referred to in the foregoing title, and in order to carry out the objects and purposes thereof, the proceeds_of one hundred bonds of the city of Chicago, of one thousand dollars each, bearing seven per cent. interest, payable half-yearly, on the first days of July and January in each year, and the principal payable twenty-five years after their date, in the city of New York, to be issued by the mayor and comptroller, for the payment of which the faith of the city is hereby pledged, be and the same is h(reby appropriated for the construction of said tunnel at Washington street by the city of Chicago, under the supervision of the board of public works, in accordance with the provisions of the city charter, which tunnel shall be forever free for the passage of teams and persons. SEC. 2. Nothing in the foregoing section contained shall Former ordinance be deemed, taken or construed to invalidate any of the pro- ratified. visions, terms or conditions of the ordinance therein referred SPECIAL LAWS AND ORDINANCES. to, but the same, and every part and portion thereof, are hereby ratified and confirmed. Passed March 25, 1865. RECORDER'S COURT. AN ACT to establish the Recorder's Court of the City of Chicago. SECTION 1. Recorder's court of the city of Chi cago established; jurisdiction; du ties and election of judge and clerk. 2. Judge to be called "the recorder of the city of Chicago;" his salary and fees. . Seal of, and place of holding said court. 4. Process tested in name of clerk. 5. Recognizances, except in treason and murder, taken in the city, returna ble to said court: fines, etc., to be paid into city treasury. 6. Appeals from justices of the peace in the city to-be taken to said court, except, etc. SECTION 7. State's attorney to be prosecuting at torney of said court; his salary and fees, and how paid. 8. Sheriff of Cook county, his duties; fees of sheriff and clerk. 9. Provisions concerning grand and petit jurors in said court. 10. Changes of venue from said court. 11. Appeals from said court to circuit court of Cook county 12. Terms of said court, when to be held. 18. Vacancies in the office of judge or clerk, how filled. 14 State's attorney pro tern. in case of absence of the State's attorney, and his compensation. 15. Act in force from March 1,1858. Titleandju- SECTION 1. Be it enacted by the People of the State of risdiction of rreedorder's f Illinois, represented in the General Assembly, That there shall court. be established in the city of Chicago an inferior court of civil and criminal jurisdiction, which shall be a court of record, by the name oT the "Recorder's Court of the City of Chicago," and shall have concurrent jurisdiction within said city with the circuit court in all criminal cases, except treason and murder, and of civil cases where the amount in controversy shall not exceed one hundred dollars. Said court, and the judge and clerk thereof, shall respectively have the like power, authority and jurisdiction, and perform the like duties as the circuit court, and the judge and clerk thereof, in relation to all matters, suits, prosecutions and proceedings within the city of Chicago, so far as the same Judge and are not otherwise limited by this act. Said judge and clerk to be yvtr fsi iy eleerckted.be clerk shall be elected by the qualified voters of said city, and shall respectively hold their offices for five years, and until their successors shall be elected and qualified. The first election thereof shall be held at the next annual elec tion for mayor of said city, to be held on the first Tuesday of March, 1853; and like elections shall be held every five 512 0 RECORDER S COURT. years thereafter. The person having the highest number of votes for said offices respectively shall be declared elected thereto, and shall be commissioned by the governor. SEC. 2. The said judge shall be called "the recorder of Name an Salary of the city of Chicago," and shall receive an annual salary of judge. one thousand dollars, to be paid quarterly from the State treasury, and shall receive the like fees, in addition thereto, as is received by the judge of the Cook county court of common pleas, to be paid and collected in the same manner as the fees of said judge last named are paid and collected; and the provisions of the statute in relation to the said Cook county court of common pleas, in relation to the duties, compensation and liabilities of the clerk of said Cook county court of common pleas, so far as the same can be made applicable and are not inconsistent with the pro visions of this act, shall apply to and govern the clerk of said recorder's court, and be in force in relation to him and his duties and powers: Provided, That in case the compen- Compensasation and emoluments of said judge shall exceed the sum t of fifteen hundred dollars per annum, then the excess shall be paid into the State treasury. SEC. 3. Said recorder's court shall have a seal, to be Seal, etc. provided by the city of Chicago; and said court shall be held in such place as shall be provided by said city, and the expenses thereof, except as herein otherwise provided for, shall be paid by said citv. SEC. 4 The process of said court shall be tested in the Prroes. name of the clerk thereof. how tested. SEC. 5. All recognizances, except in cases of treason Recogniand murder, taken before any judge, justice or magistrate in said city, in criminal cases, shall be made returnable to said recorder's court; and it shall be the duty of the officer taking the same to return all the papers in said criminal cases to the said court; and all fines, penalties and forfeitures had or taken in any such criminal proceeding, shall enure to the benefit of said city, and shall, when collected, be paid into said city treasury. SEC. 6. All appeals from decisions of justices of the Arppeals from peace within said city shall be taken to said recorder's court: justice. Provide, That when a term of the circuit court or Cook 83 513 SPECIAL LAWS AND ORDINANCES. county court of common pleas shall intervene between the taking of any such appeals and the next term of the record er's court, it shall be optional with the appellant to take his appeal to any one of said courts. stoney tbt- SEC. 7. The State's attorney of the judicial circuit in forhey to be *oec-utlng which said city is situated shall be the prosecuting attorney alttorney; 8 oompen- of said court, and for his services therein shall receive an ~tion. additional compensation of five hundred dollars per annum, to be paid out of the same fund in the same manner as his salary as State's attorney for said circuit is paid; and the board of supervisors of said county may allow and pay said State's attorney his fees in all cases of conviction in any court in said county. Dutieis of SEC. 8. The sheriff of the county of Cook shall perform sheriff. the same duties, and have the same powers, and be liable to the same penalties in the said court as in the circuit court; and said sheriff and the clerk of the said recorder's court shall respectively be entitled to the like fees in all civil and ' criminal cases as are now allowed by law for similar ser vices in criminal cases, to be collected out of defendants, if convicted: Provided, That if said defendant has no prop erty on which to levy, the said fees shall be paid out of the city treasury. Gnad and SEC. 9. The grand and petit jurors of said court shall titur,,j-y o. d- be selected from the voters of said city who have paid a city tax for the preceding year, in the following manner: Said council shall annually select five hundred names, who are qualified to act as jurors, and who are not exempt from such service, from the list of such voters, and transmit the same to the clerk of said court, who shall keep a record thereof in a book to be provided for that purpose, and de posit such names upon separate pieces of paper in a jury box, from which he shall draw the names of the grand and petit jurors, in the presence of the recorder of said court, the sheriff or his deputy, and such persons as may see fit to attend, at least ten days before the first day of each term . of said court, notices of the time and place of such drawing having been given by said clerk, by posting the same upon the door of his office for five days immediately preceding such drawing: Provided, That the name of no person shall 514 RECORDER7S OOURT. be put into said box who has been drawn as a juror there from for the preceding year, nor shall the names drawn therefrom in any year be replaced in said box during said year, but the names in said box shall be annually renewed: Provided, That if for any cause said grand and petit jurors shall not be selected and drawn in the manner aforesaid, or in cases of vacancies in the panel thereof, or of the exhaust ion of the same, said court may direct the same to be sum moned by the sheriff, as now provided by law. All venires venire, how issued, for jurors in said court shall be issued by the clerk of said court and executed by said sheriff as in other cases; and all laws in relation to jurors, their compensation, duties, powers, authority and proceedings, as far as not inconsistent with the provisions of this act, shall be applied to said court. SEC. 10. Changes of venue in all cases, civil or crimi- change of venue, how nal, may be taken from said court to either the circuit court obtained. or the Cook county court of common pleas of said county, in all cases, when the party praying for such change of venue, or his attorney, shall make affidavit that in his or her belief justice and a fair and impartial trial requires such change of venue, stating in such affidavit the particular facts and circumstances upon which such belief is founded, and the judge of said court being satified of the truth of such affidavit; and no other or further change of venue shall be allowed. SEc. 11. Appeals may be taken from said court to the APere l.a circuit court of Cook county in all cases, in the same man- how taken. ner that appeals may be taken to the supreme court; and upon such appeals errors may be assigned and the like proceedings had as upon assignments of error in the supreme court. SEC. 12. The regular terms of said court shall be held Terms of on the first Monday of each month: Provided, That the common council of said city may diminish the number of terms or abolish any term or terms that they may deem unnecessary, not exceeding six in any one year. SEC. 13. Any vacancies in the office of judge or clerk vacanctea how ffled.L of said recorder's court may be filled by election at such time as may be appointed by the. common council of said 515 SPECIAL LAWS AND ORDINANCES. city; and the person elected to fill such vacancy shall hold his office until the next regular election for such office, as provided in this act: Provided, That a clerk pro tern. may be appointed by the judge thereof, when necessary. Attorney SEC. 14. In case the State's attorney should fail to pro mes. attend upon said court at any term thereof, his place shall be supplied by a State's attorney pro tem., who shall be appointed by the judge, and who shall, in the meantime, receive for his services such compensation as is allowed to the State's attorney uider the provisions of this act. When act to SEC. 15. This act shall take effect and be in force from take effect. and after the first day of March next. Approved February 12, 1853. AN ACT to amend the Act entitled "An Act to establish the Recorder's Court of the City of Chicago." SECTION SECTION 1. City of Chicago to pay fees, expenses, 2. Act in force from its passage. etc., of prisoners. v tof SECTION 1. Be it enacted by the People of the State of Chicago to pay expen- Illinois, represented in the general Assemnbly, That the city of Chicago shall pay all fees, expenses and charges for dieting, committing, discharging and retaining in custody, any and all persons committed or convicted of any offense within the limits of the city of Chicago, and over which said court may have jurisdiction. When act to SEC. 2. This act shall be in force and take effect from be in force. and after its passage. Approved February 28, 1854. (See Sec. 10, Ch. 17, of Charter.) AN ACT concerning Inferior Courts in the Cities. fECTION 1. Inferior courts in cities to have ju risdiction concurrent with circuit courts, except in cases of murder and treason, and rules of practice to conform, etc.; this act not to in terfere with police magistrates' courts. SECTION 2. If amount in controversy in any case in the recorder's court exceeds oine hundred dollars, defendant may have cause transferred to the cir cuit court of Cook county, or Cook county court of common pleas. 516 RECORDERS COURT. SECTION SECTION 8. Ten days notice of issuing writs of 4. Party against whom writ of ne exeat, ne eaxeat, injunction, etc., from the' injunction, etc., is applied for, may recorder's court. have application transferred to oth er courts named. 5. Act in force from its passage. SECTION 1. Be it enacted by the People of the State of Inferior courts to Illinois, represented in the General Assembly, That the infe- hcave concurrent rior courts now or which may be hereafter established, in jurisdiction with circuit the cities in this State, shall have concurrent jurisdiction courts. with the circuit courts in all civil and criminal cases, except in cases of murder and treason, any law now in force to the contrary notwithstanding; and the rules of practice in such inferior courts shall conform as near as may be to the rules of practice in the circuit court of the county in which the particular inferior court may be established: Provided, That this act shall not be held in any way to interfere with the act approved February 27, 1854, providing for police magistrates' courts. SEC. 2. That in all cases where any suit, either at law cWhsees tobe causes to be or in chancery, shall be commenced in the recorder's court transferred. of the city of Chicago, and the amount in controversy shall exceed one hundred dollars, and the defendant or defend ants, or either of them, or his, her or their attorney, shall at any-time before final trial therein, file in said court a written request to have such suit transferred to either the circuit court of Cook county, or to the Cook county court of common pleas, all further proceedings in said recorder's court shall thereupon cease; and said suit shall be transferred agreeable to said request, and in the manner now required by law in cases of change of venue. SEC. 3. That neither the said recorder's court, nor the Writs of 6 exreat and judge thereof, shall grant any writ of ne exeat, injunction, or injunctions. other writ or process which said court or judge shall have power to issue in civil cases, excepting original writs of summons, capias and attachment, and attachments in cases of contempt, unless the person against whom such writ is granted shall have had ten days notice in writing, of the time and place of making application for such writ. SEC. 4. That in all cases when any application shall be Causes transferred made to said recorder's court of the city of Chicago, or to upon applicat ion. the judge thereof, for any writ of ne exeat, injunction or 517 SPECIAL LAWS AND ORDINANCES. other writ or process, except as excepted in the third sec tion of this act, and the person or persons or either of them against whom such application shall be made, or his, her or their attorney, shall, in writing, filed with said recorder's court or judge, request a transfer of such application to the circuit court of Cook county, or to the Cook county court of common pleas, all further proceedings upon such appli cation before said recorder's court, or the judge thereof, shall be thereupon suspended; and the said application, and all papers connected therewith, shall be transmitted to said circuit court of Cook county, or to the Cook county court of common pleas, as the person making said request shall desire; and if neither of said courts shall be in session, then to either judge of said courts, as the party making such request shall desire. When ctin SEc. 4. This act shall be in force from and after its force. passage. Approved February 15, 1855. RISER AND CANAL AN ORDINANCE to provide for cleansing the Chicago River, and appro priating the proceeds of two hundred and fifty Bonds therefor. SEcTION SOCTIONl 1. Plan of the board of public works for 8. Contract for temporary pumping cutting down the canal approved, from river into canal authorized. and work authorized. 4. Appropriation for foregoing purposes 2. Board authorized to make necessary of proceeds of two hundred and contract with trustees of canal. fifty bonds, of one thousand dollars each. Plan of eutting down canal approved. SECTION 1. Be it ordained by the Common Council of the City of Chicago, That the plan of the board of public works for cleansing the Chicago river and its branches, by cutting down the summit of the Illinois and Michigan canal to below the level of lake Michigan, so as to draw from it at a low stage of water in the lake not less than twenty-four thousand (24,000) cubic feet of water per minute, is hereby approved, and said board are hereby authorized to execute said work. SEc. 2. That the board of public works are hereby 518 0 SLAUGHTERING. 519 Contract authorized and empowered, for the purpose of prosecuting Cndtrtrk the work described in the previous section, to make any authorizesd. contract necessary to carry into effect such purpose, with the trustees of the Illinois and Michigan canal, in conform ity with and subject to the general provisions of the city charter. SEC. 3. That, as a temporary expedient for cleansing the TpoPIgrry south branch of the Chicago river, the said board are here by authorized and empowered to contract with the said trustees for the pumping from the river into the canal, by the hydraulic works at Bridgeport, and discharging through the canal, of such amount of water as shall be found necessary and practicable for such purpose. SEC. 4. That, for the purpose of carrying out the im- Beondds ro provement specified in the foregoing sections, the board of propriated public works be, and they are hereby authorized to issue two hundred and fifty bonds, of the denomination of one thousand dollars each, to be dated July 1st, 1865, and payable in New York twenty-five years after the date thereof with coupons for interest at the rate of seven per centum per annum, payable semi-annually in New York; the said bonds to be issued in conformity with the provisions of an act of the general assembly of the State of Illinois, approved February 15th, 1865, and entitled "An Act to amend an act entitled' An Act to reduce the charter of the city of Chicago, and the several acts amendatory thereof, into one act and to revise the same,' approved February 13th, 1863." Passed June 5, 1865. SLAUGHTERING. AN ORDINANCE concerning Slaughtering within the limits of the City of Chicago. BECTION 1. Monopoly to John Reid & Co., on conditions, for ten years, to have all slaughtering done on their premises. 2. To erect buildings, etc., with all nec essary conveniences, etc.; butchers to slaughter there; conditions. 3. Condition of premises; disposition of garbage, etc. 4. Penalty for slaughtering elsewhere; proviso for establishing other slaughter-houses. SECTION 5. Entitled to offal as compensation for use of buildings, etc.; parties slaughtering to pay United States tax. 6. To employ special policemen; in spection by health officer. 7. Limit of liability of the city. 8. Bond, security and condition. 0. Ordinance may be repealed, and rights annulled, if premises become a nuisance. 519 SLAUGHTERING. SPECIAL LAWS AND ORDINANCES. Monopoly for ten SECTION 1. Be it ordained by the Common Courncil of the years. City of Chicago, That in consideration of the acceptance by John Reid & Co., of said city, and their guaranty (provided by bond as hereinafter mentioned within ten days from the date of the passage of this ordinance,) that they will faith fully comply with the provisions of this ordinance, and all existing laws and ordinances, and all laws and ordinances that may hereafter be enacted or passed relating to nui sances, authority and consent is hereby given and granted to said John Reid & Co., their heirs and assignees, for a period of ten years friom the first day of April, A. D. 1866, to have the exclusive right to have all the slaughtering (except that done at the regular packing houses for packing purposes,) carried on and done on their premises, described as follows, to wit: The south half of block ten (10), in the South Branch addition to the city of Chicago, in Cook county, in the State of Illinois. Bil.ding SEC. 2. The said John Reid & Co. shall, before the 1st etc. day of April, A. D. 1866, erect good, ample and complete buildings and yards, with all the necessary conveniences, fixtures and arrangements, including hot and cold water, and gas or other lights, for the slaughtering and taking care of all animals that may be brought to said place by the Butchers to butchers and dealers in meat in said city; and all such slaughter. laughter. butchers and dealers in meat shall, at any and all times during the continuance in force of this ordinance, have the right and privilege of slaughtering therein, on the condi tions hereinafter set forth; and any butcher who kills as many as four cattle per day, shall have a bed allotted to him, and shall not, without his consent, be changed from such bed to any other, but shall have the privilege of its use at any time he shall demand it. Goonditin SEc. 3. The said John Reid & Co. shall keep said buildcondition, garbage, etc. ings and yards and premises in good condition, and daily take and dispose of all the filth, manure and garbage, as is now or may hereafter be required by the ordinances or laws now in force, or that may hereafter be enacted or passed concerning nuisances. Peaugtyefr SEC. 4. After the first day of April, A. D. 1866, no - other slaughtering establishment or establishments shall be 520 SLAUGHTERING. 521 suffered or permitted within the limits of the city of Chicago, nor shall any slaughtering by butchers or others be suffered or permitted, except as provided in section one of this ordinance, under a penalty of not less than twenty-five dollars nor exceeding one hundred dollars for each and every offense: Provided, That the city shall have the right Olaghter slaughterto establish at any time hereafter, two additional slaughter- houses. houses, one to be located in the west division, and one in the north division. SEC. 5. The said John Reid & Co. are hereby author-'ComrPeusa ~tion. ized to charge for the use of their buildings, yards, water, gas or other lights, and all the arrangements, machinery and appointments of said slaughter-house, for each head of cattle, hogs, calves and sheep, the usual offal, and no other pay or compensation, and the parties slaughtering therein shall pay the United States revenue tax chargeable upon such slaughtering. SEC. 6. The said John Reid & Co. shall at all times Policemen. keep and employ at their own expense at said slaughtering establishment, one or more special policemen; and said slaughtering establishment, and every department thereof, shall at all times be open to the inspection of the city health offialeth officer. officer or any of his deputies. SEC. 7. The city of Chicago shall only be answerable Liability of to said John Reid & Co. to the extent of the exercise of city. reasonable diligence in enforcing that portion of sections one and four of this ordinance, which gives and grants unto said John Reid & Co. the exclusive right to have all slaughtering within the limits of the city of Chicago done at the said slaughtering-house of said John Reid & Co., subject to the conditions and exceptions expressed in said sections one and four of this ordinance. And in case this ordinance or any part thereof shall be declared inoperative or void by the supreme court of the State of Illinois, then and in that event the city of Chicago shall not in any case be held answerable to said John Reid & Co. for any damages they may sustain by the failure or neglect of the city of Chicago to enforce this ordinance or such parts as may be declared inoperative or void by said supreme court. SEc. 8. That said John Reid & Co. shall, within ten Bonds 521 SLA-UGHTERING. SPECIAL LAWS AND ORDINANCEFS. days after the passage of this ordinance, execute to the city of Chicago a bond, with two or more securities, to be ap proved by the mayor, in the penal sum of ten thousand dol lars, conditioned that they will well and truly perform and abide by all the provisions of this ordinance and by the provisions of any other ordinances or laws that hereafter may be passed or enacted concerning nuisances. NRuiunoe. SEC. 9. If at any time during the continuance in force of this ordinance, said John Reid & Co. shall suffer or per mit the slaughter-house hereby authorized to be established, to become a nuisance, and it shall be so adjudged by any Forfeit-ure. court of record, or declared by the common council, then, and in that event, the common council shall have the right to repeal this ordinance, and annul the rights and privi leges hereby granted. Passed December 18, 1865. STATE'S ATTORNEY. AN ORDINANCE fixing the Conviction Fees of the State's Attorney. SECTION 1. Fees of State's attorney for convictions in the recorder's court to be paid out of city treasury; certificates of clerk; receipts by the attorney. Fees to be SECTION 1. Be it ordained by the Common Council of the id bycity. City of Chicago, That all conviction fees legally accruing to the State's attorney of this judicial circuit for prosecutions in the recorder's court, from and after July 1st, 1857, where said attorney cannot collect the same from the de fendants in the respective cases, shall hereafter be paid to said attorney by the city comptroller, out of any money in COertiflcate the city treasury not otherwise appropriated: Provided, No of clerk. money shall be paid as aforesaid except upon the certificate or certificates of the clerk of said court, at the conclusion of the terms thereof, setting forth in detail the names of the convicted parties, the crimes of which they are sever ally convicted, the sentences passed upon them, and the fee Receipt legally due the prosecutor therefor: And provided, also, .522 TELEGRAPflS. 523 Said attorney shall, in each case of receiving money hereunder, receipt for the same, as being in full of all demands, both in law and equity, against the city. Passed November 9, 1857. TELEGRAPHS. AN ORDINANCE concerning the United States Telegraph Company. SICTION 1. United States Telegraph Company authorized to construct lines in the city, subject to future ordinances. SECTION 1. Be it ordained by the Common Counc7 of the Tiele.graph City of Chicago, That the United States Telegraph Compa- authorize ny is hereby authorized to construct and maintain a line or lines of telegraph through the streets, and under the bed of Chicago river and its branches, so as in nowise to interfere now or hereafter with the navigation of said river and its branches; the line or lines to be constructed along such streets, and across the river or branches at such points, and in such manner, as to the kind and position of the telegraph poles, the height of the wires above the streets, and in all other particulars, as the boar& of public works may direct: Provided, however, That all the doings of said telegraph company under this ordinance shall be subject to any ordinance which may hereafter be passed by the council concerning the same. Passed September 21, 1863. AN ORDINANCE to provide for the construction of a Fire-Alarm, Police and Water Telegraph in and for the City of Chicago. SEOTION 1. Board of public works authorized to contract for construction of tele graph. 2. Letting of contract; how work done, and payment therefor. BSEcTION 3. Appropriation for paying for tele graph. 4. Location of boxes. 5. Ordinance to take effect from its passage. SECTION 1. Be it ordained by the Common Council of the Telegraph aty of Chicago, That the board of public works be and asthor,ed 523 TELEGRAPHS. SPECIAL LAWS AND ORDINANCES. they are hereby authorized and empowered to contract, in the name and in behalf of the city of Chicago, for the im mediate construction of a fire-alarm, police, and water tele graph, in and for said city; said telegraph to be constructed in accordance with the general plan herewith submitted for that purpose by John F. Kennard & Co., or that of any other responsible company or party, but subject to such modification of the details thereof as to the said board of public works shall seem expedient. Contract. SEC. 2. Said contract shall be let to some skillful and responsible party or parties, at such price, not exceeding seventy thousand dollars, as may be agreed upon. The Work and work shall be done under the superintendence and subject compensation. to the approval of the board of public works, and the pay ments therefor shall be made as follows: On the satisfac tory completion of the whole work, and the presentation to the city comptroller of a certificate of the completion and acceptance thereof, signed by the board of public works, the said contractor shall be entitled to receive a sum equal to the entire amount that shall then have accumulated in the city treasury to the credit of the special fund provided by section 8, chapter 12, of the revised charter, for a fire alarm telegraph; and thl balance of the contract price shall be payable in successive annual installments, at the expira tion of each and every year ensuing the date of the afore said certificate, of ten thousand dollars each (provided so much shall remain due,) until the whole amount shall have been fully paid; the said deferred payments to bear interest at the rate of six per cent. per annum from the date of said certificate, payable semi-annually. But the right shall be reserved to the city, in and by said contract, to make such additional payments on the first day of January and July of each or any year, as it may be prepared and choose to make. Appropria- SEC. 3. The whole amount now in the treasury of said tion for paying for0 city standing to the credit of the fire-alarm telegraph fund telegraph aforesaid, together with seven-eighths of the entire pro ceeds of all fire insurance rates that shall be hereafter paid into the city treasury, agreeably to the provisions of the 524 TELEGRAPHS. 525 revised charter, are hereby appropriated to provide for the cost and expense of the work hereby authorized, and to meet the payments for the same in the manner and at the times contemplated and provided for in the foregoing section. In ease the said fund should be insufficient or unavailable to meet any one or more of said deferred payments, or the interest accruing thereon, when the same shall have matured, such deficiency shall be supplied from the general fund of said city; but the said general fund shall be reimbuLrsed for all such advances from the proceeds of said insurance rates as soon as a sufficient amount shall have accumulated for that purpose. SEc. 4. That a committee of three, composed of one Boxes, how located. from each division, to be appointed by the president, together with the chief engineer of the fire department, shall together meet with the board of public works, and locate the boxes mentioned in the proposed plan of a fire-alarm telegraph. SEC. 5. This ordinance shall take effect from its passage. Ordinance ~~~~~~~~~~~~~~~~~Passed April 25, 1864. Passed April 25, 1864. AN ORDINANGE to provide for the care and management of the Police and Fire Telegraph. SECTION SECTlON 1. Penalty for causing false alarms of 3. Cutting or removing telegraph wires; fire by telegraph. penalty. 2. Penalty for making or using keys, 4. When ordinance to take effect. etc., without authority. SECTION 1. Be it ordained by the Common Council of the Penaltyfor giving false City of Chicago, That should any person or persons know- alarm. ingly give, or cause to be given, any false alarm of fire by means of the telegraph boxes connected with the police and fire-alarm telegraph, such person or persons shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars, to be recovered as other fines are recoverable. SEC. 2. And be it ordained: That should any person or Penaltyg for persons make, or cause to be made, any key or keys of any false keye. fire engine, hose, truck house, or fire-alarm telegraph box, or use, or cause to be used, the same, except the mayor, 525 TELIEGRAPHS. SPECIAL LAWS AND ORDINANCES. board of police, board of public works and chief fire mar shal, without the consent of the proper authority, such per son or persons shall be subject to a fine of not more than one hundred dollars, to be recovered as other fines are re coverable. outting, te. SEC. 3. That all persons whatsoever, except the duly wires. authorized agents or officers of the board of police, are hereby forbidden to cut or remove, or in any way alter or interfere with any fire-alarm, police, water or other tele graph wire belonging to the city of Chicago; and any perPealty. son violating this section shall be subject to a penalty of fifty dollars, to be recovered as other fines for the violation of city ordinances are recoverable. Ordinance SEC. 4. This ordinance shall be in force and take effect i force. from and after its passage and due publication. Passed May 29, 1865. TUNNEL, LAKE. This ordinance was passed without a title. lBorIox SzoTIoW L Tunnel under lake Michigan two & Further issue of two hundred and miles, authorized. twenty-five bonds, of one thousand . Issue of one hundred and fift?bonds, dollars each, authorized. of one thousand dollars each, au thorized. Tunnel SECTION 1. Be it ordained by the Common Counce7 of the authorized City of Chicago, That the board of public works are hereby authorized to extend the inlet pipe of the water works, two miles out into lake Michigan, by the construction of a brick tunnel under the bed of the lake, according to the specifi cations prepared by the board of public works for the same, entitled "specifications for lake tunnel," and appended herewith, and to contract for the doing of the work. Bonds aI SEC. 2. The board of public works are hereby author propri ized to issue one hundred and fifty (150) water loan bonds, of the denomination of one thousand dollars each, to be dated July 1st, 1863, and payable in New York Julv 1st 1888, with coupons attached for interest, at the rate of seven per cent. per annum, payable semi-annually in New York, the said bonds to be issued in conformity with the provi 526 0 -~~~~~UNL RIER l sions of ah act of the general assembly of the State of Illinois, entitled "An Act in amendment of, and supplemental to, an act, entitled'An Act to incorporate the Chicago City Hydraulic Company,'" approved February 16th, 1857; and also of an act of the general assembly of the State of Illinois, entitled "An Act to reduce the charter of the city of Chicago, and the several acts amendatory thereof, into one act, and to revise the same," approved February 13th, 1863. Addltional SEC. 3. The board of public works are hereby author- bonds ti~l ized to issue, in addition to the bonds above named, two propriate. hundred and twenty-five (225) water loan bonds, of the denomination of one thousand dollars each, to be dated July 1st, 1864, and payable in New York twenty-five years after the date thereof, with coupons for interest, at the rate of seven per cent per annum, payable semi-annually in New York, the said bonds to be issued in conformity with the provisions of an act of the general assembly of the State of Illinois, entitled "An Act to reduce the charter of the city of Chicago, and the several acts amendatory thereof, into one act, and to revise the same," approved February 13th, 1863. Passed October 5, 1863. TUNNEL, RIVER. AN ORDINANCE authorizing the construction of a Tunnel under the South Branch of the Chicago River at Washington Street, and the issue and sale of Bonds of the City of Chicago, to aid in defraying the ex pense thereof. 8sCTON SECTION 1. Tunnel under river at Washington 8. Proceeds of bonds appropriated for street, authorized. cost of tunnel. 2. Issue of one hundred bonds, of one 4 Comptroller authorized to receive thousand dollars each, authorized. subscriptions in aid of construction of tunnel. SECTIoN 1. Be it ordained by the Common Councz7 of the el City of Chicago, That the board of public works be and authorized. they are hereby authorized and empowered to construct a tunnel under the south branch of the Chicago river, at 527 TUNNEL, RIVER. SPECIAL LAWS AND ORDINANCES. Washington street, according to the plans and specifications heretofore, or that may be hereafter, adopted by the board of public works of said city. Bonds to be SEC. 2. That the mayor and comptroller of said city of issued. Chicago be and they are hereby authorized to issue and negotiate, on behalf of said city of Chicago, one hundred bonds, of one thousand dollars each, bearing seven per cent. interest, said interest to be payable semi-annually on the first days of January and July in each year, in the city of New York, and said bonds to be due and payable in thirty years from date: Provided, The sum of one hundred thou sand dollars be first contributed by other parties. Proceeds ppropri-d SEC. 3. That the proceeds of the sale of said bonds be ated. and the same are hereby appropriated toward the payment of the cost and construction of said tunnel. Subsecriptiuons in Paid. SEC. 4. That the comptroller of said city of Chicago be and he is hereby authorized and required to receive, by subscription or otherwise, any sum or sums of money that may be offered to aid in the construction of said tunneL Passed July 27, 1865. WHARFING PRIVILEGES. AN ORDINANCE to abate and remove Obstructions and Encroachments upon those portions of the City of Chicago called Wharfing Privileges. SECTION SECTION 1. Parts of streets called wharfing priv- 2. Authority to be in writing. ileges, or adjoining river, not to be occupied or obstructed without au thority of council; penalty. Streetsad- SECTION 1. Be it ordained by the Common Council of the joinin-grive,r tVo nottoe City of Chicago, That no person shall occupy, encumber or obistructed. obstruct any portion of those parts of the streets of the city of Chicago called wharfing privileges, or any portion of a street adjoining the Chicago river or either of its branches, with a wharf, building, lumber, stone, or any other substance or material, without special authority and permission from the common council; and every occupier 528 WHARN PRIVILEGES. 529 of any building or wharf, or owner of any building or wharf, lumber, stone, or other substance or material, which is now placed or remaining upon any portion of any such parts of said streets as are sometimes called wharfing privileges, or any portion of a street adjoining the Chicago river, or either of its branches, without the permission or authority of said council, shall remove the same from said portions of said streets, within ten days from the passage of this ordinance. And any person who shall be guilty of a Penaltr. breach of any provision of this ordinance, or shall place any building, wharf, lumber, stone, or other substance or material, without special authority and permission from the common council, upon any of such portions of said streets, and every occupier of any such building or wharf, or owner of any such building, wharf, lumber, stone, or other material, who shall suffer the same to remain on any of such portions of said streets, contrary to the provisions of this ordinance, shall forfeit and pay to said city a penalty of twenty dollars for each day or part of day such building, wharf, lumber, stone or other substance or material shall remain or continue upon any of such portions of said streets. SEc. 2. The permission or authority required in the Poebeission y ~~~~~~~to be in first section of this ordinance shall be in writing, and no writing. other shall be valid. Passed March 19, 1852. 529 WHARFING PRIVILEGES. 84 APPENDIX AN ACT to change the Corporate Powers of the Town of Chicago. SECTION 1. Be it enated by the People of the State of Illinois, represented in the Generat Asseibly, That John H. Kinzie, Gurdon S. Hubbard. Ebenezer Goodrich, John K. Boyer, and John S. C. Hogan, be and they are hereby constituted a body politic and corporate, to be known by the name of the'I Trustees of the Town of Chicago," and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, implead and be impleaded, defend and be defended, in courts of law and equity, and in all actions and matters whatsoever; may grant. purchase and receive and hold property, real and personal, within the said town, and no other (burial grounds excepted), and may lease, sell and dispose of the same for the benefit of the town, and shall have power to lease any of the reserved lands which have been or may hereafter be appropriated to the use of said town, and may do all other acts as natural persons; may have a common seal, and break and alter the same at pleasure. SEC. 2. That all that district of country contained in sections nine and sixteen, north and south fractional section ten, and fractional section fifteen, in township thirty-nine north, of range fourteen east of the third principal meridian, is hereby declared to be within the boundaries of the town of Chicago: Provided, That the authority of the board of trustees of the said town of Chicago shall not extend over the south fractional section ten, until ~he same shall cease to be occupied by the United States. SEC. 3. That the corporate powers and duties of said town shall be vested in nine trustees, (after the term of the present incumbents shall have expired, to wit, on the first Monday of June next, and to be chosen and appointed as hereinafter directed,) who shall form a board for the transaction of business. SEC. 4. The members composing the board of trustees shall be elected annually, on the first Monday in June, by the persons residing within said town (qualified to vote for representative to the legislature), to serve for one year; they shall be at least twenty-one years of age, citizens of the United States, and inhabitants of said town, and shall possess a freehold estate within the limits thereof. SEc. 5. That the board of trustees shall appoint their president from their own body; shall appoint all other officers of their board, and shall be the judges of the qualifications, elections and returns of their own members; a majority shall constitute a board to do business, but a smaller number may adjourn from day to day; may compel the attendance of absent members, in such manner and under such penalties as the board may provide; they may determine the rule of proceeding, and make such other rules and regulations for their own government as to them may seem proper and expedient. SEa. 6. That the board of trustees shall have power to levy and collect taxes upon all real estate within the town, not exceeding the one-half of one per centum upon the assessed value thereof, except as hereinafter excepted; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to establish night watches; erect lamps in the streets, and lighting the same; to regulate and license ferries within the corporation; to lease the wharfing privilege of said town, giving to the owner or owners, occupant or occupants of the lots fronting the river, the preference of such privilege; to erect and keep in repair bridges; to provide for licensing, taxing and regulating theatrical and other shows, billiard tables FEB.11, 1835.] TOWN CHARTER. 531 and other amusements; to restrain and prohibit gaming houses, bawdy houses, and other disorderly houses; to build market-houses; establish and regulate markets; to open and keep in repair streets, avenues, lanes, alleys, drains and sewers; to keep the same clean and free from incumbrances; to establish and regulate a fire department, and to provide foi- the prevention and extinguishment of fires; to regulate the storage of gunpowder and other combustible materials; to erect pumps and wells in the streets for the convenience of the inhabitants; to regulate the police of the town; to regulate the election of the town officers; to fix their compensation; to establish and enforce quarantine laws; and, from time to time, to pass such ordinances to carry into effect the ordinances of this act, and the powers hereby granted, as the good of the inhabitants may require, and to impose and appropriate fines and forfeitures for the breach of any ordinance, and to provide for the collection thereof: Provided, That said trustees shall, in no case, levy a tax upon lots owned by the State. SEC. 7. That upon the application of the owners of two-thirds of real estate on any street or parts of a street, it shall be lawful for the board of trustees to levy and collect a special tax on the owners of the lots on the said street or parts of a street, according to their respective fronts, for the purpose of grading and paving the sidewalks on said street. SEC. 8. That the board of trustees shall have power to regulate, grade, pave and improve the streets, avenues, lanes and alleys within the limits of said town, and to extend, open and widen the same, making the person or persons injured thereby adequate compensation; to ascertain which. the board shall cause to be summoned twelve good and lawful men, freeholders and inhabitants of said town, not directly interested, who (being first duly sworn for that purpose,)shall inquire into, and take into consideration, as well the benefits as the injury, which may accrue, and estimate and assess the damages which would be sustained by reason of the opening, extension, widening of any street, avenue, lane or alley; and shall, moreover, estimate the amount which other persons will be benefited thereby, and shall contribute towards compensating the persons injured; all of which shall be returned to the board of trustees, under their hands and seals; and the person or persons who shall be benefited and so assessed, shall pay the same in such manner as shall be provided, and the residue, if any, shall be paid out of the town treasury. SEc. 9. All ordinances shall, within ten days after they are passed, be published in a newspaper printed in said town, and posted in three of the most public places thereof. SEC. 10. That when any real estate in said town shall have been sold by the authority of the corporation thereof, for the non-payment of any tax that may have been levied upon the same, the same shall be subject to redemption by the owner or owners thereof, his, her or their agent or agents, within one year after the same shall have been sold, on paying to the treasurer of the board of trustees of said town, doub)le the amount of the taxes for which the same was sold, together with costs for the selling of the same. But should the said lots or parts of lots so sold for the nonpayment of the taxes aforesaid, not be redeemed within the time specified, then, in that event, it shall be the duty of the president of the board of trustees of the said town to execute a deed, with a special warranty, signed by the president of said board, and countersigned by the clerk thereof. SEC. 11. It shall be the dutv of the board of trustees to cause to be paid to the purchasers of lots, all moneys which may have been paid to the treasurer, over the costs for selling the same. SEC. 12. The officers of said town (in addition to the trustees,) shall consist of one clerk, one street commissioner, one treasurer, one assessor and collector of taxes, one town surveyor, two measurers of wood and coal, two measurers of lumber, two measurers and weighers of grain, and such other officers as the trustees of said town may deem necessary for the good of said town. SEC. 13. That the president and trustees of said town shall, whenever they may deem necessary, order the formation of fire engine companies, and fire hook-and-ladder companies. The fire engine companies each to contain from twenty-five to forty ablebodied men, of between the ages of eighteen and fifty years, and no more. Which companies shall be officered and governed by their own by-laws; shall be formed only by voluntary enlistment. Every member of each company shall be exempted from jury and military duty; and whenever a member of such company shall have served twelve years, he shall receive a discharge from the incorporation, signed by FF,B. 1 1 71835.] 531 TOWN CHARTER. 532 APPENDIX. [JAN.18, the president, and shall forever thereafter be exempted from further jury duty, and from further military duty, except in case of invasion. SEc. 14. That the members of the board of trustees, and every officer of said corporation, shall, before entering on the duties of his office, take an oath or affirmation, before some judge or justice of the peace, to support the constitution of the United States and of this State, and faithfully to demean themselves in said office. SEc. 15. That this incorporation shall be divided into three districts, to wit: All that part which lies south of the Chicago river, and east of the south branch of said river, shall be included in the first district; all that part which lies west of the north and south branches of said river, shall be included in the second district; and all that part which lies north of the Chicago river, and east of the north branch of said river, shall be included in the third district; and the taxes collected within the said respective districts shall be expended, under the direction of the board of trustees, for improvements within their respective districts; but all elections for trustees in said town shall be by general ticket. Approved February 11, 1835. AN ACT to amend an Act entitled "An Act to change the Corporate Powers of the Town of Chicago." SECTION 1. Be it enacted by the People of the State of Illinois, represented in the Gene. ral Assembly, That so much of the sixth section of the act to which this is an amendment, relating to the power of the trustees of said town to lease the wharfing privileges, shall not be so construed as to empower said trustees to create or make any lease of said privileges for any one term longer than five years, nor shall any lease as aforesaid be so construed as to give any lessee power to erect any building, storehouse or other building than a wharf, for loading or unloading goods, wares, merchandise or other articles, on said wharfing privileges; and all houses, buildings, stores and outhouses hereafter erected upon any ground or land situate, lying and being between the south line of South Water street and the north line of North Water street, in said town, as laid out by the commissioners of the Illinois and Michigan canal, shall be deemed nuisances, and may and shall be abated: Provided, In no case shall said trustees have, use or exercise the right of leasing or disposing of any wharfing privilege which may be in front of any lot or lots owned by any individual or individuals, or in front of any lot or lots belonging to the State or to the canal. SEC. 2. That so much of the sixth section of the act to which this is an amendment, as empowers the trustees to levy and collect taxes upon all real estate within the town, not exceeding the one-half of one per centum upon the assessed value thereof, be and the same hereby is repealed; and the said trustees shall have power to levy and collect taxes upon all real estate within the town, not exceeding the onefourth of one per centum upon the assessed value thereof. Approved January 15, 1836. AN ACT to incorporate the Chicago Hydraulic Company. WHEREAS, The health and convenience of the inhabitants of the town of Chicago, in the county of Cook, as well as the security of property against the ravages of fire, would be greatly promoted by the introduction of a plentiful supply of pure and wholesome water in said town; therefore, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James B. Campbell, Gholson Kercheval, Robert A. Kinzie, Richard J. Hamilton, Henry G. Hubbard, David Hunter, Peter Cohen, Ed. W. Casey, Gurdon S. Hubbard, G. W. Dole, John H. Kinzie, William Forsythe, and Solomon Wills, and their heirs and assigns, be and they hereby are constituted a body politic and corporate, under the style and title of the "Chicago Hydraulic Company," with the sole power to them and their successors, by their corporate name, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of law and equity in this State; and to make, have and use a common seal, and the same break, alter or renew at their pleasure; and to take and hold such property, real, personal or mixed, as may be necessary to carry into effect the object of said company or incorporation; and the same to sell, exchange or otherwise dis [JAN. 18, 532 APPENDIX. CHIOAGO HYDRAULIO COMPANY. pose of; and also to ordain, establish and put in execution such by-laws, ordinances and regulations as may be necessary, proper or convenient for the government of said incorporation, not contrary to law or the constitution. SEc. 2. The capital stock of said company shall not exceed two hundred thousand dollars. SEc. 3. The charter of incorporation shall be and continue in force for and during the term of seventy years, from and after the passage of this act: Provided, That the said company shall, within four years from this date, commence the construction of the necessary works for the introduction into said town of the water of lake Michigan. SEc. 4. The said company, for the more effectually completing the object of said corporation, shall have power and authority to build and construct fountains, reservoirs and other necessary works; to make and lay conduits, pipes or tunnels, for the conveyance of said water, under and along the public highways, streets, lanes, alleys and sidewalks, or any of them, in said town of Chicago; to put up fire-plugs or hydrants, at such places as they may deem convenient for public use, and the same from time to time to renew and repair, leaving at all times, during the progress of said work, one-half of said streets or alleys unobstructed; and immediately after the laying of said pipes or conduits, restore the street or alley through which the same may pass, or which has been dug up or opened, to its former condition. And further, said company shall have the sole privilege to grant to all persons whomsoever, to all bodies corporate and politic, the privilege of using said water, so introduced, as aforesaid, in such manner and upon such terms and conditions, and in such quantities respectively, as they shall think fit. SEc. 5. If any person or persons shall willfully pollute said water, by throwing or depositing in any pipe, tunnel, hydrant, reservoir or fountain conducting or containing the same, any impure, unwholesome or offensive substance; or by bathing or washing clothes in said reservoir; or shall injure any of the works or machinery used in raising, containing, forcing or conducting said water, the person or persons so offending, shall be liable to a fine of not exceeding one hundred dollars, to the use of said company, for each and every offense, recoverable before any court of competent jurisdiction; and shall also be compelled to remove all nuisances by him or them created as aforesaid, forthwith, under the penalty of ten dollars for every twenty-four hours said nuisances shall continue, to the use of said company aforesaid: Provided, That said fines and penalties shall not prevent said company from recovering damages ina civil suit, for any injury done to said works. SEc. 6. The officers of said company shall consist of a president and four directors, who shall be annually chosen from among the members of the company, at the time such election may be held, and in such manner as they ordain and direct. The first election therefor shall take place at such time as the members, or a majority of them, may deem expedient, each member at said first election having one vote; and in case of the death or resignation of the president, or either of one or more of the directors, then the vacancy shall be filled by the board. SEc. 7. The directors, or a majority of them, shall have full power to appoint and employ, and, in their discretion, to remove or dismiss a secretary, treasurer and all such other officers, clerks, agents, mechanics, laborers and servants, as they shall deem necessary, from time to time, to attend to and transact or execute all the affairs and business of the company, and fix their compensation; to contract, agree for and purchase, rent or hire, all such lands, chattels, materials, rights, privileges and effects whatever, and to sell or otherwise dispose of the same, in their discretion; to divide the capital stock into shares among the members of said company, and to call for such installments on each share as the board of directors may deem necessary for the interests of the company; and in case of a failure on the part of any of the members of said company, or their assignee or assignees, to pay said installments when required, or within thirty days thereafter, all the interest they may have or possess in said company shall be forfeited to the members thereof: Provided, That six weeks notice, either in writing, of such call, shall be given, or in some one of the newspapers printed in Chicago. Approved January 18, 1836. 1836.] 533 534 APPENDIX. [MARCH 4, AN ACT to incorporate the City of Chicago. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the district of country in the county of Cook, in the State aforesaid, known as the east half of the south-east quarter of section thirty-three, in township forty, and fractional section thirty-four in the same township, the east fourth part of seclions six, seven, eighteen and nineteen, in the same township, also fractional sec tion three, section four, section five, section eight, section nine, and fractional section ten, excepting the south-west fractional quarter of section ten, occupied as a military post, until the same shall become private property, fractional section fifteen, section sixteen, section seventeen, section twenty, section twenty-one, and fractional section twenty-two, in township thirty-nine north, range number fourteen east of the third principal meridian, in the State aforesaid, shall hereafter be known by the name of the City of Chicago. SEC. 2. The inhabitants of said city shall be a corporation, by the name of the City of Chicago, and may sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleasure, and take, hold, purchase and convey such real and personal estate as the purposes of the corporation may require. SEC. 3. The said city shall be divided into six wards, as follows: All that part of the city which lies south of Chicago river and east of the centre of Clark street fol lowing the centre of Clark street to the south line of section sixteen thence following the said south line of section sixteen, to the centre of State street, and a line parallel with the centre of said street, to the southern boundary of said city, shall be denomi nated the first ward of said city; all that part of said city which lies south of said Chicago river, west of the first ward, and east of the south branch of said Chicago river. shall be denominated the second ward of said city: all that part of the said city, lying west of the aforesaid south branch of the Chicago river, and south of the centre of Randolph street, and by a line parallel with the centre of said Randolph street to the western boundary of said city, shall be denominated the third ward; all that part of said city which lies north of the said third ward, and west of the said Chicago river, and the north and south branches thereof, shall be denominated the fourth ward of said city; all that part of said city which lies north of the Chicago river, and east of the north branch thereof, and west of the centre of Clark street, to the centre of Chicago avenue, and lying south of the centre of Chicago avenue, to the I.centre of Franklin street, and lying west of Franklin street, and a line parallel with the centre thereof, to the northern boundary of said city, shall be denominated the fifth ward; and all that part of said city lying north of the Chicago river, and east of the said fifth ward, shall be denominated the sixth ward of said city. SEC. 4. There shall be in and for said city, except as herein afterwards provided, one mayor, twelve aldermen, one clerk, one treasurer, six assessors, one or more col lectors, and such other officers as are hereinafter authorized to be appointed, which said mayor, aldermen and assessors shall be freeholders in the said city. SEC. 5. An election shall be held in each of the wards of said city, on the first Tuesday in March in each year, after the year eighteen hundred and thirty-seven, at such place as the common council of said city may appoint, and of which six days previous public notice shall be given in writing, in three public places in each ward, by the inspectors thereof. SEC. 6. At the first election under this act, and at each annual election thereafter, there shall be elected two aldermen and one assessor from each ward, each of whom shall be an actual resident of the ward in which he was elected: Provided, however, That the aforesaid wards, denominated the third and fifth wards, shall be entitled to elect but one alderman from each ward, until the annual election for the year A. D. 1839. SEC.' 7. The common council shall appoint three inspectors of election for each ward, who shall be inspectors of elections after the first. Such inspectors shall have the same power and authority as the inspectors of a general State election. SEC. 8. The manner of conducting and voting at the elections to be held under this act, and the keeping of the poll lists thereof, shall be the same, as nearly as may be, as is provided by law, at the general State election: Provided, That the common council may hereafter, if expedient, change the mode of election to that by ballot, and prescribe the manner of conducting the same. SEC. 9. Every person voting at such election, shall be an actual resident of the ward in which he is to vote, shall be a householder within the city, or shall have 534 IltiARcH 47 APPENDIX. s,-, 183w.] CiTY CHARTER. 535 paid a city tax of not less than three dollars, within twelve months next preceding such election, and shall have resided in said city at least six months next preceding such election, and shall, moreover, if required by any person qualified to vote thereat, before hlie is permitted to vote, take the following oath: "You swear (or affirm) that you are of the age of twenty-one years, that you have been a resident of this city for six months immediately preceding this election, that you are a householder therein, or that you have paid a city tax of not less than three dollars within twelve months next preceding this election, and that you are now a resident of this ward, and have not voted at this election." SEc. 10. The persons entitled to vote at any election held under this act, shall not be arrested on civil process within said city on the day on which said election is held. SEC. 11. The trustees of the town of Chicago, for the time being, shall appoint the inspectors of the first election to be held under this act. Such election shall be held and conducted, and the votes thereat canvassed by said inspectors, and the result determined in the manner herein before provided; the said trustees shall also appoint the time and place of holding such first election, which time shall be some day after the passage of this act, and on or before the first day of June next. SEc. 12. Vacancies in the offices of mayor and aldermen occurring in any manner, may be filled at a special election called and appointed by the common council, and conducted in the same manner as an annual election; vacancies in all other offices shall be filled by appointment by the common council. All appointments to fill a vacancy in an elective office under this act, and all appointments of clerk, treasurer, attorney for the city, police constables, collectors, street commissioners and city sur veyors, shall be by warrant under the corporate seal, signed by the mayor as presiding officer of the common council, and clerk. In case of a failure to elect aldermen at an annual election, or if from any cause there shall be no aldermen, the clerk shall ap point the time and places for holding a special election, and appoint inspectors; all officers appointed or elected annually, and except to fill a vacancy, shall hold their respective offices for one year, and until others are chosen and have taken the oath of office. SEC. 13. The common councilshall appoint as many police constables as they shall think proper, not exceeding one in each ward, who shall not have power to serve any civil process out of the limits of said city, except in cases of persons fleeing from said city, and to commit on execution where the defendant shall have been arrested in the said city. SEc. 14. The mayor for the said city shall be chosen by the qualified electors of the said city, at the same time and in the same manner as is prescribed for the choosing of aldermen, whose term of service shall be for one year, until his successor shall be. chosen and qualified. At the time of voting for aldermen, the electors of said city shall also vote in their respective wards, for some qualified person as mayor of said city, which votes shall be canvassed and certified at tlhe same time and in the same manner as those given for aldermen, and the person having the highest number of votes given in the several wards at such election, shall be mayor. SEC. 15. The mayor and aldermen of the said city shall constitute the common council of said city. The common council shall meet at such times and places as they shall by resolution direct, or as the mayor, or in his absence any two of the aldermen, shall appoint. Thile mayor when present, shall preside at all meetings of the common council, and shall have only a casting vote; in his absence, any one of the aldermen may be appointed to preside. A majority of the persons elected as aldermen, shall constitute a quorum. No member of a common council shall, during the period for which he was elected, be appointed to, or be competent to hold any office of which the emoluments are paid from the city treasury, or paid by fees directed to be paid by any act or ordinance of the common council, or be directly or indirectly interested in any contract, the expenses or consideration whereof are to be paid under any ordinance of the common council. But this section shall not be construed to prevent the mayor from receiving his salary or any other fees permitted by this act. SEc. 16. The common council shall meet annually, after the year 1837, on the second Tuesday in March, and in 1837, on the day following the election, and, by ballot, appoint a clerk, treasurer, city attorney, street commissioner, police constables, clerk of the market, one or more collectors, one or more city surveyors, one or more pound masters, porters, carriers, cartmen, packers, beadles, bellmen, sextons, common criers, scavengers, measurers, surveyors, weighers, sealer of weights and measures, and gaugers. If for any cause the officers above named are not appointed on the sec 1837.] 535 CITY CHARTER. 536 APPENDIX. [MARSH 4, ond Tuesday of March, on the day after the election, in the year eighteen hundred and thirty-seven, the common council may adjourn from time to time until such appointments are made. SEe. 17. If any inhabitant of said city, elected or appointed to any office in pursuance of this act, shall refuse or neglect to accept such office, and take and subscribe the-oath of office prescribed by the constitution of this State, for five days after personal notice in writing, from the clerk, of his election, he shall forfeit the sum of ten dollars. SEe. 18. Every person chlosen or appointed to an executive. judicial or administrative office, under this act, shall, before he enters on the duties of his office, take and subscribe, before some justice of the peace, the oath of office prescribed in the constitution of this State, and file the same, duly certified by the officer before whom it was taken, with the clerk of the city. SEe. 19. The treasurer, street commissioner, and collector or collectors of said city, shall, severally, before they enter on the duties of their respective offices, execute a bond to the city of Chicago, in such sum and with such sureties as the common council shall approve, conditioned that they shall faithfully execute the duties of their offices, and account for and pay over all moneys received by them respectively; which bonds, with the approval of the common council certified thereon by the clerk, shall be filed with the clerk of the city. SEC. 20. Every person appointed to the office of constable, in said city, shall, before he enters upon the duties of his office, with two or more sureties, to be ap proved by the common council, execute in presence of the clerk of the city, an instru ment in writing, by which such constables and sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, by reason or on account of any summons, execution, distress warrant or other process which shall be delivered to him for collection. The clerk of the city shall certify the approval of the common council on such instrument, and file the same; and a copy of such instrument, certified by the clerk under the corporate seal, shall be presumptive evidence in all courts, of the execution thereof by such constable and his sureties; and all actions on any such instrument shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected or appointed, and may be brought in the name of the person or persons entitled to the money collected by virtue of such instruments. SEe. 21. The treasurer shall receive all moneys belonging to the city, and keep an accurate account of all receipts and expenditures, in such manner as the common council shall direct; all moneys shall be drawn from the treasury in pursuance of an order from the common council, by warrant signed by the mayor or presiding officer of the common council, and countersigned by the clerk; such warrant shall specify for what purpose the amount specified therein is to be paid; and the clerk shall keep an accurate account of all orders drawn on the treasury, in a book to be provided for that purpose. The treasurer shall exhibit to the common council, at least fifteen days before the annual election in each year, a full and detailed account of all receipts and expenditures, after the date of the last annual report, and also of the state of the treasury, which account shall be filed in the office of the clerk. SEe. 22. It shall be the duty of the common council. at least ten days before the annual election held under this act in each year, to cause to be published in two or more of the public newspapers in said city, a full and correct statement of the receipts and expenditures by the said common council, for the contingent expenses of the said city from the date of the last annual report published in pursuance of this section to the date of said reports, and also a distinct statement of the whole amount of money assessed, received and expended in the respective wards for making and repairing roads, highways and bridges, in said city for the same period, together with such other information in their power to furnish, as may be necessary to a full understand ing of the financial concerns of the said city. SEC. 23. The clerk shall keep the corporate seal, and all the papers belonging to said city, and make a record of the proceedings of the common council, at whose meetings it shall be his duty to attend; and copies of all papers duly filed in his office, and transcripts from the records of the proceedings of the common council, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the original were produced. SEc. 24. It shall be the duty of the street commissioner to superintend the making 536 IMARCH 4, APPENDIX. 183w.] ()ITY ()HATF. 53 of all public improvements ordered by the common council, and to make contracts for the work and materials which may be necessary for the same, and shall be the executive officer to carry into effect the ordinances of the common council relative thereto, and shall keep accurate accounts of all moneys expended by him in performance of any work, together with the cause of such expenditures, and to render such account to the common council monthly. SEC. 25. That the city surveyor or surveyors, appointed by the said common council, shall have the sole power, under the direction and control of the said common council, to survey within the limits of said city; and he and they shall be governed by such rules and ordinances as the said common council shall direct, and receive such fees and emoluments for his or their services as the common council shall appoint. SEC. 26. The mayor of said city, for the time being, shall be allowed an annual salary of five hundred dollars, payable out of the treasury, and the other officers of said corporation shall be paid out of the treasury such compensation for their services, when the same are not herein provided for, as the said common council may deem adequate and reasonable. SEC. 27. If any person, having been an officer in said city, shall not, within ten days after notification and request, deliver to his successor in office all the property, papers and effects of every description, in his possession belonging to said city, or appertaining to the office he held, he shall forfeit and pay, for the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver. SEC. 28. The common council shall hold stated meetings, and the mayor or any two aldermen may call special meetings, by notice to each of the members of said council, served personally, or left at their usual place of abode. Petitions and remonstrances may be presented to the common council. The common council shall have the management and control of the finances, and all the property, real and personal, belonging to the corporation, and shall have power, within said city, to make and establish, publish, alter, modify, amend and repeal ordinances, regulations, rules and by-laws, for the following purposes: First. To prevent all obstructions in the waters which are public highways in said city. Scond. To prevent and punish forestalling and regrating, and to prevent and restrain every kind of fraudulent device and practice. Third. To restrain and prohibit all descriptions of gaming and fraudulent devices in said city, and all playing of dice, cards and other games of chance, with or without betting, in any grocery, shop or store. Fourth. To regulate the selling or giving away of any ardent spirits, by any storekeeper, trader or grocer, to be drank in any shop, store or grocery, outhouse, yard, garden or other place within the city, except by innkeepers, duly licensed. Fifth. To forbid the selling or giving away of ardent spirits or other intoxicating liquors, to any child, apprentice or servant, without the consent of his or her parent, guardian, master or mistress, or to any Indian. Sixth. To regulate, license or prohibit the exhibition of common shoiwmen, and of shows of every kind, or the exhibition of any natural or artificial curiosities, caravans, circusses or theatrical performances. Seventh. To prevent any riot or noise, disturbance, or disorderly assemblage. Eighth. To suppress and restrain disorderly houses and groceries, houses of ill-fame, billiard tables, nine or ten pin alleys or tables, and ball alleys, and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming. Ninth. To compel the owner or occupant of any grocery, cellar, tallow-chandler's shop, soap factory, tannery, stable, barn, privy, sewer, or other unwholesome, nauseous house or place, to cleanse, remove or abate the same, from time to time, as often as may be necessary for the health, comfort and convenience of the inhabitants of said city. Tenth. To direct the location and management of all slaughter-houses, markets, and houses for storing powder. Eleventh. To regulate the keeping and conveying of gunpowder, and other com.. bustibles and dangerous materials, and the use of candles and lights in barns and stables. Twelfth. To prevent horse-racing, immoderate riding or driving in the streets, and to authorize persons immoderately riding or driving as aforesaid, to be stopped by any person. 537 1837.] CITY CI-IARTF,R. 538 APPENDIX. [MARCH 4, Thirteenth. To prevent the incumbering of the streets, sidewalks, lanes, alleys, public wharves and docks, with carriages, carts, sleighs, sleds, wheel-barrows, boxes, lumber, timbers, firewood, or any other substance or material whatsoever. Fourteenth. To regulate and determine the times and places of bathing and swimming in the canals, rivers, harbors, and other waters in and adjoining said city. Fifteenth. To restrain and punish vagrants, mendicants, street beggars and common prostitutes.. Sixteenth. To restrain and regulate the running at large of cattle, horses, swine, sheep, goats and geese, and to authorize the distraining, impounding, and sale of the same, for the penalty incurred and the costs of proceeding. Seventeenth. To prevent the running at large of dogs, and to authorize the destruetion of the same when at large, contrary to the ordinance. Eighteenth. To prevent any person from bringing, depositing or having within the limits of said city, any dead carcass or any other unwholesome substance, and to require the removal or destruction by any person who shall have upon or near his premises any such substance, or any putrid or unsound beef, pork or fish, hides or skins of any kind, and on his default, to authorize the removal or destruction thereof by some officer of said city. Nineteenth. To prevent the rolling of hoops, playing at ball, or flying of kites, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks of said city, or to frighten teams and horses within the same. Twentieth. To compel all persons to keep the snow and ice and dirt from the sidewalks in front of the premises owned or occupied by them. Twenty-first. To prevent the ringing of bells, blowing of horns and bugles, crying of goods and other things within the limits of said city. Twenty-second. To abate and remove nuisances. Twenty-third. To regulate and restrain runners for boats and stages. Twenty-fourth. To survey the boundaries of said city. Twenty-fifth. To regulate the burial of the dead. Twenty-sixth. To direct the returning and keeping of bills of mortality, and to impose penalties on physicians, sextons and others, for any default in the premises. Twenty-seventh. To regulate gauging, the place and manner of selling and weighing hay, of selling pickled and other fish, and of selling and measuring of wood, lime and coal, and to appoint suitable persons to superintend and conduct the same. Twenty-eighth. To appoint watchmen, and prescribe their duties and powers. Tiiwenty-ninth. To regulate cartmen and cartage. Tlirtieth. To regulate the police of said city. Thirty-first. To establish, make and regulate public pumps, wells, cisterns and reservoirs, and to prevent the unnecessary waste of water. Thirty-second. To establish and regulate public pounds. Thirty-third. To erect lamps, and regulate the lighting thereof. Thirty-fourth. To regulate and license ferries. The said common council shall have the power to prohibit the use of locomotive engines on any railroad within the inhabited parts of said city, and may require the cars to be used thereon, within the inhabited portions thereof, to be drawn or propelled by other power than that of steam. The common council may erect and establish a bridewell or house of correction, in said city, and may pass all necessary ordinances for the regulation thereof; may appoint a keeper and as many assistants as may be necessary, and shall prescribe their duties and compensation, and the securities to be given by them. In the said bridewell, or house of correction, shall be confined all rogues, vagabonds, stragglers, idle or disorderly persons who may be committed thereto by the mayor or any alderman in said city; and all persons sentenced by any criminal court, in and for said city, for any assault and battery. petit larceny, or other misdemeanor punishable by imprisoinlent in any county jail, shall be kept therein in the same manner as prisoners of that description are required to be kept in the county jails. The common council may, by ordinances, require every merchant, retailer, trader and dealer in merchandise or property of any description which is sold by measure or weight, to cause their weights and measures to be sealed by the city sealer, and to be subject to his inspection, and may impose penalties for any violation of any such ordinances; the standard ot which weights and measures shall be agreeable to those now established by law. SEC. 29. The common council shall have power, from time to time, to prescribe Ell,ARcH 4, 538 APPENDIX. 1837.] CITY CHARTER..5 39 the duties of all officers and persons appointed by thQm to any office or place whatso ever, subject to the provisions of this act, and may remove all such persons or officers at pleasure. SEC. 30. The common council may make, publish, ordain, amend and repeal all such ordinances, by-laws and police regulations, not contrary to the laws of this State, for the good government and order of said oity, and the trade and commerce thereof, as may be necessary to carry into effect the powers given to said council by this act, and enforce observance of all rules, ordinances, by-laws and police regula tions made in pursuance of this act, by imposing penalties upon any person violating the same, not exceeding one hundred dollars for any offense, to be recovered with costs, in an action of debt, before the mayor or any justice of the peace of the said city. Every such ordinance or by-law, imposing any penalty or forfeiture for a viola tion of its provisions, shall, after the passage thereof, be published for three weeks successively, in the corporation newspaper printed and published in said city; and proof of such publication by the affidavit of the printer or publisher of said news paper, taken before any officer authorized to administer oaths, and filed with the clerk of the city, or any other competent proof of such publication, shall be conclusive evidence of the legal publication and promulgation of such ordinance or by-law in all courts and places. SEC. 81. The common council, at their annual meeting on the second Tuesday in March, in each year, after eighteen hundred and thlirty-seven, and at their first meeting in that year, or within ten days thereafter, shall designate one public newspaper printed in said city, in which shall be published all ordinances and other proceedings and matters required in any case by this act, or the by-laws and ordinances of the common council, to be published in a public newspaper. Sec. 32. All actions brought to recover any penalty or forfeiture incurred under this act, or the ordinances, by-laws or police regulations made in pursuance of it, shall be brought in the corporate name; and in any such action it shall be lawful to declare generally in debt for such penalty or forfeiture, stating the section of this act, or the by-laws or ordinances under which the penalty is claimed, and to give the special matter in evidence under it. The first process in any such action shall be by warrant, and execution may be issued thereon immediately on the rendition of judgment. If the defendant in any such action have no goods or chattels, lands or tenements, whereof the judgment can be collected, the execution shall require the defendant to be imprisoned in close custody in the jail of Cook county, for a term not exceeding thirty days. All expenses incurred in prosecuting for the recovery of any penalty or forfeiture, when collected, shiall be paid to the treasurer for the use of the city. SEC. 33. No person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant or freeholder in the city of Chicago, in any action or proceeding in which the said city is a party in interest. SEC. 34. The common council of said city shall have power to revise, alter and correct the several assessment rolls of the different assessors of said city, and to prescribe the rate of assessment, the form of the assessment roll, and to make such rules in relation thereto as they may deem expedient and proper. SEC. 35. The common council shall have power in each year to raise a sufficient sum by tax upon real or personal estate in said city, not exceeding the one-half of one per centum upon the assessed value thereof, to defray the expenses of lighting the streets, supporting a night watch, and making and repairing streets, roads, highways and bridges in the said city, and to defray the contingent and other expenses of said city: Provided, That the said common council shall in no case levy a tax upon lots or land owned by the State, nor any tax for making and repairing streets roads and highways contrary to the subsequent provisions of this act. SEC. 36. The said common council are hereby authorized to require every male resident of the city over the age of twenty-one years, to labor at least three days in each and every year upon the streets and alleys of said city, at such time and in such manner as the street commissioner shall direct; but any person may, at his option, pay at the rate of one dollar for every day he shall be so bound to labor, and such labor or payment shall be in lieu of all labor required to be performed upon any roads, streets or alleys, by any law of this State; and in default of the payment of such money, or the performance of such labor, the said common council may sue for and collect such money before the mayor or any justice of the peace. SEC. 37. The said common council shall have the exclusive power to regulate 540 APPENDIX. [MAROH 4, repair, amend and clear the streets and alleys of said city, bridges, side and crosswalks, and of opening said streets, and putting drains and sewers therein, and to prevent the incumbering of the same in any manner, and to protect the same from encroachments and injury; they shall also have power to direct and regulate the planting and preserving of ornamental trees in the streets of said city. SEC. 38. The common council shall have power to lay out, make and assess streets alleys, lanes and highways in said city, and make wharves and slips at the end of streets, on property belonging to said city, and to alter, widen, contract, straighten and discontinue the same; but no building exceeding the value of one thousand five hundred dollars shall be removed, in whole or in part, without the consent of the owner. They shall cause all streets, alleys, lanes or highways laid out by them to be surveyed, described and recorded in a book to be kept by the clerk, and the same, when opened and made, shall be public highways. Whenever any street, alley, lane, highway, wharf or slip is laid out, altered, widened or straightened, by virtue of this section, the common council shall give notice of their intention to appropriate and take the land necessary for the same, to the owner or owners thereof, by publishing said notice for fourteen days in the corporation newspaper printed in said city; and after the expiration of the said fourteen days, the common council shall give notice to' the said owner or owners, by publishing the same for thirty days in the corporation newspaper, that such owner or owners may file a notice with the clerk of the city, of a claim for damages on account of appropriating the land of such owner or owners for the uses specified in this section; and if such owner or owners shall, within said thirty days, file, or cause to be filed, such notice of a claim for damages as aforesaid, with the clerk of the city, the common council shall choose by ballot five discreet and disinterested freeholders, residing in said city, as commissioners to ascertain and assess the damages and recompense due the owner or owners of such land, and at the same time to determine what persons will be benefited by such improvement, and to assess the damages and expense thereof, on the real estate of persons benefited, in proportion, as nearly as may be, to the benefits resulting to each. A majority of all the aldermen authorized by law to be elected, shall be necessary to constitute a choice of such commissioners. The commissioners shall be sworn by the mayor or any justice of the peace in said city, faithfully and impartially to execute their duty in making such assessment, according to the best of their ability. The commissioners shall view the premises, and, in their discretion, receive any legal evidence, and may, if necessary, adjourn from day to day. The commissioners shall, before entering upon the duties assigned them by this sectio, give notice to the persons interested of the time and place of the meeting of the said commissioners for the purpose of viewing the premises and making such assessment, at least five days before the time of such meeting, by publishing said notice in the corporation newspaper printed in said city. The said commissioners shall determine and award to the owner or owners of said land, such damages as they shall judge such owner or owners to sustain in consequence ,of such street, lane, alley, highway, wharf or slip having been laid out, altered, widened or straightened, after taking into consideration and making due allowance for .any benefit which said owner or owners may derive from such improvement. The -said commissioners shall, at the same time, assess and apportion the said damages and expenses of said improvement on the real estate benefited thereby, as nearly as may be, in proportion to the benefit resulting therefrom, and shall describe the real estate upon which any such assessment is made. If there be any building on any land taken ,for such improvement, the owner thereof shall have ten days, or such time as the :common council may allow after the final assessment of the commissioners is returned to and confirmed by the common council, to remove the same, and in case said owner ,removes such building, the value thereof to the owner to remove, shall be deducted from the amount of damages awarded to the owner thereof, and such value shall be, at the time of the assessment, determined by the commissioners. The determination and assessment of the commissioners shall be returned in writing, signed by all the commissioners, to the common council, within thirty days after their appointment by the common ecouncil as aforesaid; the common council may, if sufficient objections are made to the appointment of any of said commissioners, or if any such commissioners shall be unable to serve, by sickness or other cause, appoint other commissioners to serve in their places, in the manner as herein provided. And the said common council, after the determination and assessment of the commissioners as aforesaid is returned to them, shall giwve two weeks notice, in the corporation newspaper, printed in said city, that such determination and assessment of the commissioners will, on a day to 540 IMARCH 47 APPENDIX. 183'7.] CITY CHARTER. 541 be specified in said notice, be confirmed by the common council, unless objections to such determination and assessment aforesaid are made by some person interested; all objections to such determination and assessment as aforesaid, shall be briefly stated in writing and filed with the clerk; if no objections are made as aforesaid, the said determination and assessment shall be confirmed by the common council. If the objections are made as aforesaid, any person interested may be heard before the com mon council, touching the said determination and assessment of the commissioners, on the day specified in the aforesaid notice, or on such other day or days as the common council shall for that purpose appoint; and the said common council, in consideration of the objections made, shall have power, in their discretion, to confirm such deter mination and assessment of the commissioners, or to annul the same, and refer the same subject-matter back to the same commissioners or appoint five other commis sioners for the purpose and in the manner herein provided; and the said commissioners shall make the second determination and assessment, and return the same to the com mon council in like manner, and give like notices, as they are herein required in relation to the first determination and assessment and returns thereof, and the parties in interest shall have the like notices and rights, and the common council shall per form like duties, and have. like powers in relation to the second determination and assessment of said commissioners, as are herein given and required in relation to the first determination and assessment of said commissioners; and in case the common council shall confirm the second determination and assessment, the same shall be final and conclusive to all persons interested. But in case the common council shall annul the same, then all the proceedings in relation to laying out, altering, widening or straightening such street, alley, lane, highway, wharf or slip, shall be null and void. But nothing herein contained shall authorize the said common council to discontinue or contract any street or highway, or any part thereof, except for the purpose of widen ing and improving the rivers and making basins and slips within said city, without the consent, in writing, of all persons owning land adjoining such street or highway. That in all cases where the whole of any lot or parcel of land or other premises under lease or other contract shall be taken for any of the purposes aforesaid by virtue of this act, all the covenants, contracts and engagements between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall, upon confirmation of such report in the premises as shall be confirmed by the common council aforesaid, respectively cease and determine and be absolutely discharged; and in all cases where part only of any lot or parcel of land or other premises so under lease or other contract, shall be so taken for any of the purposes aforesaid, all contracts and engagements respecting the same, upon the confirmation of such report in the premises as shall be confirmed as aforesaid, shall cease, determine and be absolutely discharged, as to the part thereof so taken, but shall remain valid and obligatory as to the residue thereof, and the rents, considerations and payments, reserved, payable and to be paid for or in respect to the same, shall be so apportioned as that the part thereof justly and equitably payable, or that ought to be paid for such residue thereof, and no more, shall be demanded or paid or recoverable for in any respect of the same. No power is given by virtue of this act to alter, change, lay out in lots, or lease, that part of the city of Chicago originally laid out by the commissioners of the Illinois and Michigan canal onil section nine, in township thirty-seven north, range fourteen east of the third principal meridian, which lies between the river and North and South Water streets, or is comprised within said streets. SEC. 39. All taxes and assessments imposed, voted and assessed by the said common council, shall be collected by the collector of said city, in the same manner and withi the same power and authority as taxes in and for any county of the State are collected, by virtue of a warrant or warrants under the corporate seal, signed by the mayor or presiding officer, or by suit in the corporate name, with interest and costs, and the assessment roll of the said common council shall in all cases be evidence on the part of the corporation. And taxes or assessments imposed or assessed on or in respect of any real estate, within the said city, shall be a lien, on filing the roll with the clerk of the city, on such real estate, and in case such taxes or assessments are not paid, the common council may cause such real estate to be sold for the payment and collection of such taxes and assessments as aforesaid, together with the expense_ of the sale, in the manner and with the effect and subject to the provisions specifie1 in the forty-first section of the act relative to the sale of real estate, for the non-ir ment of assessments or taxes. All taxes and sums of money raised and collect:i'r virtue of this section, shall be paid to the treasurer of the city. In all cases hey' 1837.] 541 CITY CHARTER. 51 APEDX MRH4 there is no agreement to the contrary, the owner or landlord, and not the occupant or tenant, shall be deemed the person who ought to bear and pay every assessment made for the expenses of any public improvement in said city. Where any such assessment shall be made upon or paid by any person, when by agreement or by law, the same ought to be borne or paid by any other person, it shall be lawful for one so paying, to sue for and recover of the person bound to pay the same, the amount so paid, with interest, in action for the money so paid, laid out and expended for the benefit of such defendant. Nothing herein contained shall impair, or in any way affect any agreement'between any landlord or tenant, or other persons, respecting the payment of such assessments. SEC. 40. The common council shall have power to cause any street, alley, lane or highway in said city. to be graded, leveled, paved, repaired, macadamized or graveled; to cause cross and sidewalks, drains, sewers and aqueducts to be constructed and made in-the said city; and to cause any sidewalks or drains, sewers and aqueducts to be relaid, amended and repaired; and to cause the expenses of all improvements (except sidewalks) made and directed under this section, to be assessed upon the real estate in any ward in said city, deemed benefited by such improvements, in proportion to the benefits resultiiig thereto, as nearly as may be. which assessment shall not exceed two per centum per annum on the property assessed. The common council shall determine the amount to be assessed for all improvements to be made or directed under this section, except sidewalks, and shall appoint, by a majority of all the aldermen authorized by law to be elected, five reputable freeholders of said city, by ballot, to make such assessment. The assessors shall be sworn before the mayor or any justice of the peace in said city, faithfully and impartially to execute their duty as such assessors according to the best of their ability; and before entering upon the duties assigned them by this section, the assessors shall give notice to all persons interested, of the time and place of meeting of said assessors, at least four days before the time of such meeting, by publishing such notice in the corporation newspaper printed in said city, and they may, if necessary, adjourn from day to day. The said assessors shall assess the amount directed by the common council to be assessed for any such improvement, on the real estate deemed by them to be benefited thereby, in proportion to the benefit resulting thereto as nearly as may be, and the said assessors shall briefly describe in the assessment roll to be made by them, the real estate on or in respect to which any assessment is made under this section. When the assessment is completed, they shall give like notice, and also publish the same in the corporation newspaper, and have the same power to make corrections as in case of the assessment of taxes. They shall deliver a corrected copy of the assessment roll, signed by all the assessors, to the clerk of the city, within sixty days after their appointment as aforesaid, and any person interested may appeal to the common council for the correction of the assessment; such appeal shall be in writing, and shall be delivered to the clerk or presiding officer of the common council, within ten days after the corrected copy of the assessment roll is filed with the clerk. In case of appeal, the common council shall appoint a time within ten days thereafter, for the hearing of those who are interested, and shall cause a notice to be published in the corporation newspaper, designating the time and place and object of hearing, and they may adjourn said hearing from time to time, as may be necessary, and the common council shall, in case of appeal as aforesaid, have power in their discretion, to confirm their assessment, or to annul the same, and direct a new assessment to be made in the manner herein before directed, by the same assessors, or by five other assessors, to be appointed as aforesaid, by the common council, and sworn as aforesaid. which shall be final and conclusive on all parties interested, in case the common council shall confirm the same. But in case the common council shall set aside the last aforesaid assessment, all the proceedings in relation to the grading. leveling, paving, repairing, macadamizing or graveling such street, alley, lane or highway in said city, shall be nul1 and void. If the first assessment to be made and confirmed under this or the preceding sections proves insufficient, the common council may cause another to be made in the same manner, or if too large an amount shall at any time be raised, the excess shall be refutinded ratably to those by whom it was paid. The said assessors may, if in their opinion any owner or owners of land situated on such street. alley, lane or highway, as shall be graveled or leveled, will sustain damages over and above the benefit which may accrue to the owner or owners of such land by such improvement, assess sueh an amount as they may deem a reasonable recompense to such owner or owners t]~reof, upon the real estate in said city, deemed by them to be 1][AlicH 41 5-12 APPENDIX. 1837.] CITY CHARTER. 543 benefited by such improvement, in proportion to the benefit resulting thereto, as nearly as may be, and the said assessors shall add such amount to the assessment roll which they are herein required to make, and certify the said amount to the common council, at the time of filing said roll with the clerk as aforesaid. If any vacancy shall happen in the office of assessor for any of the causes mentioned in the thirty-eighth section of this act, the same shall be filled by the common council in the manner therein pro vided. SEC. 41. All assessments for improvements authorized by this act, shall be made upon the real estate, and be paid to or collected by the collector, except as herein otherwise directed. A corrected copy of the assessment roll shall in all cases be filed in the office of the clerk of the city, and the assessment shall be a lien upon the premises assessed, for one year only after the final corrected copy of the assessment roll shall have been filed as aforesaid. In case of non-payment, the premises may be sold at any time within the year from the time of the filing of the said assessment roll. Before any such sale, an order shall be made by the common council, which shall be entered at large in the records of the city kept by the clerk, directing the attorney of the city to sell, and particularly describing the premises to be sold and the assessment for which the sale is to be made, a copy of which order shall be delivered to the said attorney. The said attorney shall then advertise the premises to be sold in the manner and for the time required in the case of sales of real estate for taxes, and the sale shall be conducted in the same manner. The proceedings may be stopped at anv time before the sale, by any person paying to said attorney the amount of the assessment, interest, and the expenses of advertising. All sales in such cases shall be made for the smallest portion of ground for which any person will pay the assessment, interest and expenses of advertising; certicates of the sale shall be made and subscribed by the said attorney, one of which shall be filed by him within ten days after the day of sale, in the office of the clerk of the city, and one in the office of the recorder of Cook county, and shall contain a description of the property and the price for which it was sold, and state the amount of the assessment, interest and expenses for which the sale was made, and the time at which the right to redeem will expire. If the proceedings are stopped before a sale is made, the attorney may include one dollar and no more in the expenses, for his fees. If the premises are sold, the attorney may include two dollars in the amount of expenses, for his fees, and no more. The right of redemption in all cases of such sales in the same manner and to the same extent, shall exist to the owner and his creditors as is allowed by law in the cases of sales of real estate for taxes. The money in case of redemption may be paid to the purchaser or for him to the clerk of the city. In case of no redemption, or of redemption by the creditor or creditors, the common council shall make to the purchaser or his legal representatives, or the person entitled thereto, a deed with a special warranty, signed by the mayor of said city, and countersigned by the clerk of said city, containing a description of the said premises sold for taxes or assessments as aforesaid. SEC. 42. Any person interested may appeal from any order of the common council for laying out, opening, making, altering or widening any street, alley, lane, highway, to the circuit court of the county of Cook, or to the municipal court of said city, by notice in writing, delivered to the mayor or clerk of the city, at any time before the expiration of twenty days after the passage of the ordinance therefrom by the common council. The only ground of appeal shall be the want of conformity in the proceedings to this act. The propriety or utility of the streets, alleys, lanes, highways, or other improvements, or the correctness of the assessments of damage, if made in conformity to this act, shall not constitute a ground of appeal. In case of appeal. the common council shall make a return within twenty days after notice thereof'; and the said circuit or municipal court shall, at the next term after the return, which shall be filed in the office of the clerk of said court, proceed to hear and determine the appeal, and shall confirm or annul the proceedings of the common council. SEC. 43. The land required to be taken for the making, opening or widening of any street, alley, lane or highway in said city, shall not be so taken and appropriated by the common council, until the damages assessed and awarded therefor to any owner thereof, under this act, shall be paid or tendered to such owner, or his agent or legal representative, or, in case the said owner or his agent or legal representative cannot be found in said city, shall be deposited, to his or their credit, or for his or their use, in some sate place of deposit, other than the hands of the treasurer of said city; and then and in such cases, and not before, such lands maybe taken and appropriated by the common council, for the purposes required in making such improve 183,7.] 543 CITY CHARTER. 544 APPENDIX. [MAROH 4, ments, and such streets, alleys, lanes, highways, wharves or slips, may be made and opened. SEC. 44. Where any known owner residing in said city or elsewhere shall be an infant, and proceeding shall be had under sections thirty-eight and forty of this act, the circuit court of the county of Cook, the judge thereof, the municipal court of said city, or any such judge of the supreme court or judge of probate for said county, may, upon the application of the common councilor such infant, or his next friend, appoint a guardian for such infant, taking security from such guardian for the faithful execution of such trust, and all notices and summons required by either of said sections shall be served on such guardian. SEC. 45. All owners or occupants, in front of whose premises the common council shall direct sidewalks to be constructed or repaired, shall make or repair such sidewalks at their own cost and charges, but if not done in the manner and of the materials and within the time prescribed by the common council, the said council may cause them to be constructed, and assess the expenses thereof upon such lots respectively, and collect the same in the manner directed by the thirty-eighth and fortieth and forty-first sections of this act, and such assessments shall be a lien upon such lot in like manner as assessments under the said thirty-eighth. fortieth and forty-first sectidns. SEC. 46. The common council shall have power to order the grading, paving, graveling, raising, closing, fencing, amending, cleansing and protecting any public square or area, now or hereafter laid out in said city, and to improve the same by the construction of walks, and the rearing and protecting of ornamental trees therein, and to cause such part of the expenses thereof as they shall deem just, to be assessed and collected in the manner prescribed in the thirty-eighth, fortieth and forty-first sections of this act, for assessing and collecting the expenses of improvements mentioned in those sections, and to cause the sale of any real estate, on which such expenses are assessed, to be sold as provided in said thirty-eighlth, fortieth and fortyfirst sections. But nothing herein shall empower the common council to divest or obstruct the interest of any individual in or to any such square or area. SEc. 47. The common council shall have power to establish and regulate a market or markets in said city, and to restrain and regulate the sale of fresh meats and vegetables in said city, to restrain and punish the forestalling of poultry, fruits and eggs, and to license, under the hand and seal of the mayor, annually, such and so many butchers as they shall deem necessary and proper, and to revoke such license for any infraction of the by-laws and ordinances of the common council or other malconduct of such butchers il the course of their trade. SEC. 48. The common council, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits in said city, within which wooden buildings shall not be erected or placed without the permission of the said common council, and to direct that all or any buildings within the limits prescribed shall be made or constructed of stone or brick, with partition walls, fire-proof roofs, and brick or stone cornices and eave-troughs, under such penalties as may be prescribed by the common council, not exceeding one hundred dollars for any one offense, and the further sum of twenty-five dollars for each and every week any building so prohibited shall be continued. SEC. 49. The common council shall have power to regulate the construction of chimneys so as to admit chimney sweeps, and to compel the sweeping and cleaning of chimneys, and to prevent chimney sweeps from sweeping, unless licensed as they shall direct; to prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stove-pipes, ovens, boilers and apparatus used in any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition, when considered dangerous; to prevent the deposit of ashes in unsafe places, and to appoint one or more officers to enter into all buildings and inclosures, to discover whether the same are in a dangerous state, and to cause such as may be dangerous to be put in safe condition; to require the inhabitants of said city to provide so many fire buckets, and in such manner and time as they shall prescribe, and to regulate the use of them in times of fire, and to regulate and prevent the carrying on of manufactories dangerous in causing or promoting fire, and to prevent the use of fire-works and fire-arms in said city, or any part thereof; to compel the owners and occupants of houses and other buildings, to have scuttles in the roofs, and stairs and ladders leading to the same; to authorize the mayor, aldermen, fire-wardens or other officers of said city, to keep away from the vicinity of any fire, all idle and suspicious 544 INAP,CH 47 APPENDIX. 1837.] OITY OHARTER. 545 persons, and to compel all officers of said city and other persons, to aid in the extin guishment of fires, and in the preservation of property exposed to danger thereat; and generally to establish such regulations for the prevention and extinguishment of fires, as the common council may deem expedient. SEC. 50. The common council shall procure fire engines and other apparatus used for the extinguishment of fires, and have the charge and control of the same, and provide fit and secure engine-houses and other places'for keeping and preserving the same, and shall have power to organize fire, hook, hose, bag, ladder and ax compa nies; to appoint during their pleasure a competent number of able and reputable inhabitants of said city firemen, to take the care and management of the engines and other apparatus and implements used and provided for the extinguishment of fires; to prescribe the duties of firemen, and to make rules and regulations for their govern ment, and to impose such reasonable fines and forfeitures upon such firemen for a violation of the same, as the council may deem proper, and for incapacity, neglect of duty or misconduct, to remove them and appoint others in their places. And the qualified electors of said city may, at the annual election to be held for said city, choose a chief engineer and two assistant engineers of the fire department, whose term of office shall be for one year, who, with the other firemen, shall take the care and management of the engines and other apparatus and implements used and pro vided for the extinguishment of fires, and whose duties and powers shall be defined by the common council: Provided, however, That if the said qualified electors shall for any reason fail to elect a chief engineer and two assistant engineers, or either of them, as aforesaid, or if any of the offices shall become vacant in any way, then such vacancy may be filled by the common council in the same manner as other officers are appointed by them. SEC. 51. The members of the common council shall be fire-wardens, and shall have power to appoint such other fire-wardens as they may deem necessary. SEC. 52. The members of the common council, hook-and-ladder men, ax-men and firemen appointed by virtue of this act, shall, during their term of service as such, be exempt from serving on juries in all courts, and in the militia except in case of war, insurrection or invasion. The name of each person appointed fireman, hook-and ladder man or ax-man, shall be registered with the clerk of the city, and the evidence to entitle him to the exemption as provided in this section, shall be the certificate of the clerk, made within the year in which the exemption is claimed. SEC. 53. The present firemen of the town of Chicago shall be firemen of the city of Chicago, subject to be removed bythe common council in like manner as other firemen of said city. SEC. 54. Every fireman, hook-and-ladder man or ax-man who shall have faithfully served as such in said city or town of Chicago, or both, for the term of ten years, shall be thereafter exempt from serving on juries in all courts, or in the militia except in case of war, invasion or insurrection; and the evidence to entitle such person to the exemption as provided in this section, shall be a certificate under the corporate seal, signed by the mayor and clerk. SEc. 55. The common council may authorize the mayor, or any other proper officer of the corporation, to grant license to tavern keepers, grocers, and keepers of ordinaries or victualing houses, to sell wines and other liquors, whether ardent, vinous or fermented, in the manner prescribed by the laws of this State; and also to license billiard tables, hackmen, draymen, carters, porters, omnibus drivers and auctioneers, and to adopt rules and regulations for their government, and to impose duties upon the sale of goods at auction; and may moreover direct the manner of issuing, countersigning and registering of such licenses, and may determine upon the fees to be paid for such licenses, not less than five nor more than fifty dollars, to be paid to the city treasurer; and the sum to be paid to the mayor or other officer for granting such license shall not exceed one dollar. Bond shall be taken on the granting of such license, for the due observance of the regulations of the common council in respect thereto. They shall be filed and may be prosecuted, and the money collected shall be applied in such manner as the common council shall direct. SEC. 56. The common council shall have power to pass such ordinances as they shall deem proper for regulating or restraining tavern keepers, grocers, keepers of ordinaries or victualing houses, hackmen, draymen, carters, porters, omnibus drivers and auctioneers SEC. 57. The said common council shall be and are hereby authorized to appoint annually, three commissioners as a board of health for said city, and the mayor of said 85 1837.] 545 CITY CHARTER. 54 APEPX [M \~I4 city or presiding officer of the common council shall be president of said board; and the clerk of said city shall be clerk of said board, and shall keep minutes of the proceedings thereof. The said common council shall, at their pleasure, appoint a health officer annually, and as often as the office may become vacant, and may remove him at pleasure, whose duty it shall be to visit every sick person who may be reported to the board of health as hereinafter provided, and to report with all convenient speed his opinion of the sickness of such person to the clerk of the said board of health; and it shall be the duty of the said officer to visit and inspect, at the request of the president of said board, all boats and vessels running to or being at the wharves, landing places or shores in said city, which are suspected of having on board a'ny pestilential or infectious disease, and all stores or buildings which are suspected to contain unsound provisions or damaged hides or other articles, and to make report of the state of the same with all convenient speed to the clerk of the board of health. SEC. 58. In case any boat or vessel shall be at [or] near any of the wharves, shores or landing places in said city, and the said board of health shall believe that such boat or vessel is dangerous to the inhabitants of said city in consequence of its bringing and spreading any pestilential or infectious disease among said inhabitants, or have just cause to suspect or believe that if said boat or vessel is suffered to remain at or near the said wharves, shores or landing places, it will be the cause of spreading among the said inhabitants any pestilential or infectious disease, that it shall and may be lawful for the said board, by an order in writing signed by the president for the time being, to order such boat or vessel to any distance from said wharves, shores or landing places, not exceeding three miles beyond the bounds of said city, within six hours after the delivery of such order to the owner or consignee of said boat or vessel; and if the master, owner or consignee to whom such order shall be delivered, shall neglect or refuse to comply therewith, the said president may enforce such removal, and such master, owner or consignee shall be considered guilty of a misdemeanor, and on conviction shall be fined a sum not exceeding two hundred and fifty dollars, and imprisoned not exceeding three months, in the jail of the county of Cook, by any court having cognizance thereof; the said fine, when paid, to be applied by the said board to the support of the treasury of the city of Chicago. SEC. 59. Every person practicing physic in the said city who shall have a patient laboring under any malignant or yellow fever or other infectious or pestilential disease, shall forthwith make report thereof in writing to the clerk of said board of health; and for neglecting so to do shall be considered guilty of a misdemeanor, and liable to a fine of fifty dollars, to be sued for an; recovered in any action of debt in any court having cognizance thereof, with cost, for the use of the treasury of said city. SEc. 60. All persons in said city not being residents thereof, who shall be infected with any infectious or pestilential disease, and all things within said city which in the opinion of said board shall be infected by or tainted with pestilential matter, and ought to be removed so as not to endanger the health of the city, shall, by order of the said board of health, be removed to some proper place not exceeding three miles beyond the bounds of said city, to be provided by the said board at the expense of the said city, and the said board may order any furniture or wearing apparel to be destroyed whenever they may judge it to be necessary for the health of the city; and the said common council shall have power to erect one or more hospitals within the said city, and to control and regulate the same. SEC. 61. All the estate, real and personal, vested in, or belonging to, or held in trust by the trustees of the town of Chicago, at the time this act shall take effect as a law, shall be and is hereby declared to be vested in the city of Chicago, and the said common council shall be bound and holden in the same manner, to all persons whomsoever, for all causes whatsoever, as the trustees of the town of Chicago were bound and holden under and by virtue of any law of this State. SEC. 62. The said common council are hereby authorized and empowered to borrow, upon the faith and pledge of the city of Chicago, such necessary sum or sums of money, for any term of time, and at such rate of interest and payable at such place as they may deem expedient, not exceeding one hundred thousand dollars for any one year, and to issue bonds or scrip therefor under the seal of the said corporation, signed by the mayor and countersigned by the clerk, such sum or sums so borrowed, to be expended and applied in the liquidation of the debts of the said city of Chicago, and in the permanent and useful improvements of the said city, and to pledge the revenues accruing to the said city for the re-payment of the said sum or sums so borrowed, with the interest upon the same. IKAP.M 47 546 APPENDIX. 187]OT OATR 4 SEc. 63. The said common council shall, in all improvements strictly local in their character, such as improving streets, making drains and sewers, expend annually in each ward such proportion of the public moneys, as shall correspond with the amount of the assessed value of the property in each ward, as exhibited in the last assessment roll. SEC. 64. The mayor of the said city for the time being shall have power to admin ister any oath required to be taken by any person under this act. SEc. 65. Any person who shall hereafter be elected to the office of mayor or alderman of said city, may tender his resignation of such office to the common council of said city. SEc. 66. The common council of the said city shall determine the rules of its own proceedings, and be the judge of the elections and qualifications of its own members, and have power to compel the attendance of absent members SEc. 67. The said common council are hereby authorized to levy an annual tax upon the owner of every dog kept or owned in said city by such person, not exceed ing five dollars for every dog so owned or kept by such person. SEC. 68. That the mayor of the said city of Chicago shall have the same jurisdic tion within the limits of the said city, and shall be entitled to the same fees and emol uments which are given by the laws of this State to the justices of the peace, upon his conforming to the requirements, restrictions and directions of the laws of this State regulating the office of justice of the peace. SEC. 69. That there shall be established in said city of Chicago, a municipal court, which shall have jurisdiction concurrent with the circuit courts of this State in all matters, civil or criminal, arising within the limits of said city, and in all cases where either plaintiff or defendant or defendants shall reside, at the time of commenc ing suit, within said city, which court shall be held within the limits of said citv in a building provided by the corporation. SEC. 70. Said court shall be held by one judge, who shall be appointed by joint ballot of both branches of the general assembly and commissioned by the governor, and shall hold his office during good behavior, and shall, during his continuance in office, reside within the limits of said city, and shall receive a salary of one thousand dollars annually, payable quarter-yearly by the common council of said city, which salary shall not be diminished but may be increased by said common council: Pro vidaed, always, That the said judge may and shall be removed from office for the same causes and in the same manner that the constitution of this State provides for the removal of other judges. SEc. 71. That the docket fees now authorized and required by law to be paid to the clerk of the circuit court, shall be paid in all suits arising in said municipal court to the clerk thereof, and shall by him be paid to the city treasurer, out of which fees, together with the other revenues of said city, the salary of the judge and the other expenses of said court shall be paid. SEc. 72. That the grand and petit jurors of said municipal court, shall be selected from the qualified inhabitants of said city by the common council thereof, in the same manner as other jurors are selected by the county commissioners' courts of this State, which jurors shall possess the same qualifications, and shall be liable to the same punishments and penalties, and have the benefits of the same excuses and exemptions as are imposed upon arid allowed by the laws of this State to other jurors, and they shall take the same oaths, possess the same powers and be governed in all their proceedings as is prescribed in the case of other jurors by the laws of this State. SEC. 73. That the said jurors shall be summoned by the high constable of said town, in the same manner as other jurors are summoned by the sheriffs of this State, and the said jurors shall be impanneled by the officers of the said municipal court, in the same manner as jurors of circuit courts; and the judge of said municipal court shall have all the powers concerning jurors that are given by the laws of this State to judges of the circuit courts. SEC. 74. The jurors of said municipal court shall receive, out of the city treasury, the same compensation for their services as is allowed to jurors of the circuit courts, to be paid upon the certificate of the clerk of said municipal court, which certificate said treasurer shall file as his voucher. SEC. 715. The judge of said municipal court shall hold six terms of said court in each year, for the transaction of civil and criminal business, and shall continue each term until the business before it shall be disposed of. The said terms shall respectively commence on the first Monday of January, March, May, July, September, and 1837.] 547 CITY CHARTER. 548 APPENDIX. [MAROH 4, November: Provided, always, That the common council of said city shall have power to increase the number of the terms of said court or to alter the same, by giving four weeks notice thereof in the corporation newspaper. SEC. 76. The clerk of said court shall be appointed by the judge thereof, and shall be qualified and shall enter into bonds as clerks of the circuit courts are now required to do, and shall receive the same emoluments as are allowed to the clerks of the circuit courts for similar services, which fees shall be collected in the same manner. SEC. 75. There shall be chosen by the qualified electors of said city, at the same time and in the same manner as is provided in this act, for the election of mayor, one high constable, whose term of service shall be for one year, and until his successor shall be chosen and qualified, who shall have and exercise all the powers and functions as an officer of said municipal court within the limits of said city, as sheriffs are allowed to exercise within the limits of their respective counties, and shall be entitled to the same fees for his services. SEC. 7'8. Said municipal court shall be a court of record, and have a seal, to be furnished by the common council; the process of said court shall be tested by the judge, and issued in the same manner as in the circuit courts, and shall be directed to the high constable of said city, to be executed within the limits of the same, but where the defendant or defendants, or either of them, may reside without the limits of said city, and in Cook county, the process shall be directed to the sheriff of said county, who shall execute the same and make return thereof to the clerk of said court. SEC. 79. The said high constable shall, before he enters upon the duties of his office, execute a bond with sufficient sureties payable to tie city of Chicago, to be approved by the common council, in the penal sum of ten thousand dollars, conditioned as the sheriffs' bonds in this State are required by law to be conditioned, and may be prosecuted in the same manner in behalf of any person aggrieved, and the said high constable shall be~required to take the same oath as the sheriffs of this State are required to take, as far as is consistent with the provisions of this act, before he enters upon the duties of his office, and the said high constable shall have power to appoint from among the city constables, one or more deputies, who shall be qualified in the same manner, shall have the same powers under the said high constable, so far as is consistent with the provisions of this act, as deputy sheriffs have under the high sheriffs. SEC. 80. All judgments rendered inlaid municipal court shall have the same lien on real and personal estate, and shall be enforced and collected in the same manner as judgments rendered in the circuit courts of this State, and all appeals from any judgment rendered by the mayor of said city, or any justice of the peace within the limits of said city, shall be taken to the next circuit or municipal court whose term shall first happen. SEC. 81. The said common council shall have power, from time to time, to establish, alter and regulate a tariff of fees to be allowed to the party or parties prosecuting or defending any suit or action in the said municipal court, to be taxed against the party failing in said suit, and to be recovered and collected in the same manner as fees are recovered and collected in the circulit courts of this State. SEC. 82. All rules and proceedings of the said municipal court, not herein otherwise provided for, shall conform as near as may be to the rules and proceedings of the circuit courts of this State, and appeals from the municipal court to the supreme court, shall be taken and conducted in the same manner as is provided by the laws of this State for the taking of appeals or writs of error from the circuit court. OF COMMON AND OTHER SCHOOLS. SEC. 1. [83.] That the common council of the city of Chicago shall, by virtue of their offices, be commissioners of common schools in and for the said city, and shall have and possess all the rights, powers and authority necessary for the proper management of said schools. SEC. 2. [84.] The said common council shall have power to lay off and divide the said city into school districts, and from time to time alter the same and create new ones, as circumstances may require. SEC. 3. [85.] The common council shall annually appoint a number of inspectors of common schools in said city, not exceeding twelve, and not less than five; and in case of a vacancy in the office, the common council shall, from time to time, appoint 548 [MAR,OH 4, APPENDIX. 183'7e] OITY OHARTER. 549~~~~~~~~~~~~~~~~~~~~~ others; which inspectors, or some of them, shall visit all the public schools in said city at least once a month, inquire into the progress of the scholars, and the govern ment of the schools, examine all persons offering themselves as candidates for teachers, and when found well qualified, give them certificates thereof gratuitously, and remove them for any good cause; and it shall be the duty of the said inspectors to report to the common council, from time to time, any suggestions and improvements that they may deem necessary or proper for the prosperity of said schools. SEC. 4. [86.] That the legal voters in each school district shall annually elect three persons to be trustees of common schools therein, whose duty it shall be to employ qualified and suitable teachers, to pay the wages of such teachers, when qualified, out of the money which shall come into their hands from the commissioner of school lands, so far as such money shall be sufficient for that purpose, and to collect the residue of such wages from all persons liable therefor. They shall call special meetings of the inhabitants of the district liable to pay taxes whenever they shall deem it necessary and proper, shall give notice of the time and place for special dis trict meetings at least five days before said meeting shall be held, by leaving a written or printed notice thereof, at the place of abode of each of said inhabitants, make out a tax list of every district tax which the inhabitants of said district may, by a vote of a majority present, direct at any meeting called as aforesaid for that purpose, which list shall contain the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, set opposite to his name, which tax may be levied upon the real or personal estate of said inhabitants; they shall annex to such tax list a warrant directed to one of the city constables residing in the ward in which said district may be, for the collection of the sums in said list mentioned, and said constable shall receive five cents on each dollar thereof, for his fees. The said trustees shall have power to purchase or lease a site for the district school-house, as designated by a meeting of the district, and to build, hire or purchase, keep in repair and furnish said school-house with necessary fuel and appendages, out of the funds collected and paid to them for such purposes. SEC. 5. [87.] The trustees of each district shall, at the end of every quarter, make a report to the school inspectors in writing, setting forth the number of schools within the district, the time that each has been taught during the previous quarter, and by whom, the number of scholars at each school, and the time of their attendance during the quarter, to be ascertained from an exact list or roll of the scholars' names to be kept by the teacher for that purpose, which list shall be sworn to or affirmed by said teacher. SEC. 6. [88.] That it shall be the duty of the commissioner of school lands in Cook county to make, semi-annually, to the common council of said city, a full and correct report, in such manner as they shall direct, of the state of the school fund arising from the sale or lease of school lands in township thirty-nine north, range fourteen east, in Cook county, with the interest accruing thereon. SEC. 7. [89.] The school inspectors shall quarterly apportion said school money among the several districts in said city according to the number of scholars in each school therein between the ages of five and twenty-one, and also according to the time that each scholar has actually attended such school during the previous quarter, to be ascertained by the reports of said trustees and teachers. SEC. 8. [90.] Whenever the said apportionment shall have been made, the school inspectors shall make out a schedule thereof, setting forth the amount due to each district, the person or persons entitled to receive the same, and shall deliver the said schedule, together with the report of the trustees and the lists or rolls of the teachers, to the common council, and thereupon the said common council shall issue a warrant directed to the commissioner of school lands, to pay over such part of the interest of the school moneys of said township as shall be therein expressed: Provided, That nothing herein contained shall authorize the expenditure of the principal of any part of the said school fund. SEC. 9. [91.] The freeholders and inhabitants of any school district in the said city, by a vote of two-thirds of the persons present and entitled to vote, at a meeting of such district, convened after notice of the object of such meeting shall have been published for one week in the corporation newspaper of the said city, and after said notice shall have been served on every such freeholder or inhabitant, by reading the same to him, or, in case of his absence, by leaving the same at his place of residence at least five days previous to such meeting, determine, either separately or in conjunction with any other school district or districts in the said city, to have a high 1837.] 549 CITY CHARTER. 550 APPENDIX [MAR(H 1, school created for such district or districts as shall so agree to unite for that purpose, and may vote a sum not exceeding five thousand dollars, to be raised for erecting a building for such high school. And on evidence of such vote, and of such notice having been published and served as above provided, being presented to the common council, they may, in their discretion, authorize the erecting of a high school in such district, or may authorize the several districts so agreeing, to be erected into one, district, which shall thereafter form one school district, and all the property, right and interest of the several districts so united, shall belong to and be vested in the trustees of said united districts, and the trustees thereof shall have all the powers of trustees of school districts, shall be elected in the same manner, and shall be subject to all the duties and obligations of trustees of common school districts. SEc. 10. [92.] The common council shall annually publish, on the secondTuesday of February, in the corporation newspaper of the city, the number of pupils instructed there in the year preceding, the several branches of education pursued by them, and the receipts and expenditures of each school, specifying the sources of such receipts, and the object of such expenditures. That the act entitled " An Act to incorporate the inhabitants of such towns as may wish to become incorporated," approved on the 12th day of February, 1831; and so much of an act entitled " An Act for the incorporation of fire companies," approved the 12th day of February, 1835; and so much of an act entitled " An Act to change the corporate powers of the town of Chicago;" and so much of an act entitled " An Act to amend an act entitled'An Act to change the corporate powers of the town of Chicago,' " approved January 15, 1836, and all other acts and parts of acts, as are inconsistent with and repugnant to the provisions of this act, in so far as relates to the said city of Chicago, be and the same are hereby repealed. Approved March 4, 1837. AN ACT supplemental to an Act to incorporate the City of Chicago. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of the said act as permits the licensing of billiard tables in the said city be repealed; that all persons residing in the said county of Cook may, at their option, have recourse to the municipal court of said city, and the said municipal court shall have concurrent jurisdiction with the circuit court in all matters arising within said county; that only so much of an act entitled "An Act to incorporate the inhabitants of such towns as may wish to be incorporated," approved on the 12th day of February, 1831, shall be repealed as is inconsistent with the provisions of the act incorporating the said city of Chicago, and only in so far as the same relates to the said city of Chicago. Approved March 4, 1837. AN ACT to repeal part of "An Act to incorporate the City of Chicago." SECTION 1. Be iteaed by the People of the State of illinois, represented in the General Assembly, That so much of an act entitled "An Act to incorporate the city of Chicago," approved March 4th, in the year of our Lord one thousand eight hundred and thirty-seven, as establishes a municipal court in the said city of Chicago, and all matters connected therewith, be and the same is hereby repealed. SEc. 2. That all suits or matters, both at law and in equity, now pending and undetermined, in the said municipal court, shall be heard, tried and prosecuted to final judgment and execution, in the circuit court of the county of Cook, in the same manner as they would be if the said suits or matters had been originally made returnable or had in the circuit court for the said county of Cook; and all records, dockets and papers, belonging to, arising from or connected with the said municipal court shall, by the clerk of the said municipal court, be transferred and delivered over to the clerk of the circuit court for the said county of Cook: Provided, That this section shall not be construed as a release of errors that' might have been taken advantage of in said municipal court: Provided further, That it shall be no ground of error in or to any judgment heretofore rendered in the said municipal court, that it does not appear by the record or proceedings that the defendant resided in the said county of Cook. 550 RMAIRM 1 L- 7 APPENDIX. 1839.] OOMMO SCHOOLS. 551 SEC. 3. It is hereby made the duty of the high constable, elected under the pro visions of the said act entitled "An Act to incorporate the city of Chicago," hereby in part repealed, to make returns of all process of summons, executions, or of whatever nature, to the said circuit court of the county of Cook; which said circuit court is hereby invested with the same powers to enforce a compliance with the law in this behalf, that It would have had if the process had been originally issued from the said circuit court; and all executions hereafter to be issued upon any judgment rendered in the said municipal court, shall be directed to the sheriff of Cook county. SEC. 4. That the transcript of any record of the said municipal court, of any judgment rendered therein, may and shall be furnished by the clerk of the circuit court of the said county of Cook; and any such transcript shall have the same force and effect, to all intents and purposes, that the same would have had if the suit, process or proceeding, whether in law or equity, had been originally commenced or instituted in the said circuit court. SEC. 5. That the clerk of the said municipal court shall deliver over the records, dockets and papers, as provided in the second section of this act, within six weeks after the passage hereof: Provided, That nothing in this act contained shall be so construed as to prevent the clerk of the said municipal court from collecting his fees in the manner now provided by law; and the clerk of the said municipal court shall, for that purpose, have free access to the said records, dockets and papers, and copies thereof, without cost or charge. SEC. 6. That the sheriff of Cook county is hereby authorized to give deeds of conveyance for any real estate which may have been sold by the high constable of the city of Chicago, as fully and effectually as he might or could do if the said real estate had been sold by the sheriff of said county. SEC. 7. That nofhing in this act contained shall be construed to prevent the high constable of said city of Chicago from proceeding to collect executions which have been levied. Approved February 15, 1839. AN ACT relating to Common Schools in the City of Chicago, and for other purposes SECTION 1. Be i acted by the People of the State of Illinois, represenkd in the General Assembly, That the school lands and school funds of township thirty-nine north, range fourteen east of the third principal meridian, be and the same are hereby vested in the city of Chicago; and the common council of said city shall at all times have power to do all acts and things in relation to said school lands and school funds which they may think proper to their safe preservation and efficient management, and to sell or lease said lands on such terms and at such times as the said common council shall deem most advantageous, and, on such sale or sales, leasing or leasings, to make, execute and deliver all proper conveyances therefor; which said conveyances shall be signed by the mayor of said city, and countersigned by the clerk thereof, and sealed with the corporate seal of said city: Provided, That the proceeds arising from such sales shall be added to, and constitute a part of, the school fund of said township: And provided, That nothing shall be done to impair the principal of said fund, or to appropriate the interest accruing from the same to any other purpose than the support of public schools in said township: And provided further, That any schools established in said township, and without the limits of said city, shall be entitled to the same benefits and advantages from said fund as they would be without the passage of this act. SEc. 2. It shall be the duty of the commissioners of school lands for Cook county to deliver to such person or persons as the common council of the city of Chicago shall direct, all the books, papers, notes, mortgages or other evidences of debt belonging to said school fund of said township thirty-nine, and all moneys belonging to the same, taking the receipt of such person or persons therefor; which said receipt shall be a full indemnity to him for so doing. SEC. 3. The common council of Chicago shall have power to raise all sufficient sum or sums of money, by taxing the real and personal estate in said city, for the following purposes, to wit: To build school-houses; to establish, support and maintain common and public schools, and to supply the inadequacy of the school fund for the payment of teachers; to purchase or lease a site or sites for school-houses; to erect, hire or purchase buildings suitable for said school-houses; to keep in repair and fur 1839.] 551 COMMON SCHOOL8. 55 APPENDIL [FEe 2'T, nish the same with necessary fixtures and furniture, whenever they may deem it expedient; and the taxes for that purpose shall be assessed and collected in the same manner that other city taxes are or may be. The said common council shall also have power to fix the amount of the compensation to be allowed to teachers in the different schools, to prescribe the school books to be used, and the studies to be taught in the different schools, and to pass all such ordinances and by-laws as they may from time to time deem necessary in relation to said schools, and the government and management of the same, and of the school lands and funds belonging to the said township. SEC. 4. The said common council shall annually appoint seven persons for inspectors of common schools, and three persons in each district to be trustees of common schools in and for said district, whose powers and duties shall be prescribed by the said common council. SEc. 5. Sections eighty-five, eighty-six, eighty-seven, eighty-eight, eighty-nine, ninety and ninety-one, of the act entitled "An Act to incorporate the city of Chicago, " passed 4th March, 1837, and all other acts and parts of acts coming within the purview of this act, be and the same are hereby repealed so far as they relate to the said township thirty-nine, or the city of Chicago. Approved March 1, 1839. AN ACT to amend "An Act to incorporate the City of Chicago," approved the fourth day of March, one thousand eight hundred and thirty-seven, and for other purposes. SECTION 1. Be it enacted by the People of the State of illinois, represented in the Genera Assembly, That so much of the fourth section of the act to which this is an amendment, as provides that the mayor, aldermen and assessors of the city of Chicago, shall be freeholders in the said city; and section nine of said act, and so much of section twenty-six of said act as allows an annual salary of five hundred dollars to the mayor of said city; and section fifty-two of said act, be and the same are hereby repealed. SEC. 2. Every person voting at the election for mayor, aldermen, assessors and other officers of said city, shall be an actual resident of the ward in which he so votes, and shall have resided in said city at least six months next preceding such election, and shall moreover, if required by any person qualified to vote thereat, before he is permitted to vote, take the following oath: "I swear (or affirm) that I am of the age of twenty-one years, that I have been a resident of this city for six months immediately preceding this election, that I am now a resident of this ward, and have not voted at this election." ~ SEC. 3. That so much of the forty-first section of said act. as provides that all sales of real estate for taxes and assessments within said city of Chicago, shall be made by the city attorney; and so much of said section as provides that the said city attorney shall receive one dollar, if proceedings in the sale of lots be stopped before the sale is made, and two dollars if the premises are sold, as his fees, be and the same is hereby repealed; and that hereafter all sales of real estate in the said city, for any tax or assessment, shall be made by the city collector, in the manner and at the time prescribed by the said act, and shall receive therefor the same fees and compensation as are allowed county clerks for similar services. SEC. 4. The qualified electors of the said city shall elect annually, at the election for mayor and aldermen, a city marshal, whose duties shall be prescribed, and whose salary shall be fixed by the common council of said city, and that the seventy-seventh section of said act to incorporate the said city of Chicago, be repealed. SEc. 5. That so much of the fourth and sixth sections of said act as provides for the election of one assessor from each ward of said city, be repealed; and the common council, at their first meeting annually after the charter election in said city, or as soon thereafter as may be, shall appoint one assessor, with the privilege at any time of increasing the number to three, whose duties shall be the same in all respects as are.prescribed in the act to which this is an amendment. SEC. 6. All deeds made to purchasers of lots sold for taxes by order of the council, as is provided in the act to which this is an amendment, shall be prima facie evidence in all controversies and suits in relation to the right of the purchaser, his or her heirs or assigns, to the premises thereby conveyed, of the following facts: First, That the land or lot conveyed was subject to taxation at the time the same was advertised for sale, and had been listed and assessed in the time and manner required by law; Second, That the taxes were not paid at any time before the sale; Third, That 552 ["n,, 27, APPENDIX. 1841.] AMENDMENT OF CITY CHARTER. 553 the lands conveyed had not been redeemed from the'sale at the date of the deed; and shall be conclusive evidence of the following facts: First. That the land or lot was advertised for sale in the manner and for the length of time required by law. Second. That the land was sold for taxes, as stated in the deed. Third. That the grantee in the deed was the purchaser. Fourth. That the sale was conducted in the manner required bylaw. And in all controversi( and suits involving the title to land claimed and held under and by virtue of a deed executed by the mayor and clerk, as provided in the act to which this is an amendment, the person or persons claiming title adverse to the title conveyed by such deed, shall be required to prove, in order to defeat the said title, either that the land was not subject to taxation at the date of the sale; that the taxes had been paid; that the land had never been listed and assessed for taxation; or that the same had been redeemed according to the provisions of this act, and that such redemption was had or made for the use and benefit of the persons having the right of redemption under the laws of this State; but no person shall be permitted to question the title acquired by the said deed, without first showing that he, she or they, or the person under whom he, she or they claims title, had title to the land at the time of the sale, or that the title was obtained from the United States, or this State, after the sale, and that all taxes due upon the lands have been paid by such person or the person under whom he claims title as aforesaid. SEc. 7. That the common council of the city of Chicago have power and authority to inflict such penalties, not inconsistent with the constitution and laws of this State, as they may deem necessary and expedient, for a non-compliance with such ordinances as they may pass in relation to the regulating, restraining or licensing the sale of vinous, spirituous or fermented liquors within the city aforesaid; and also, that the said council have full and ample power over the streets and alleys, and public buildings of said city, (except such as belong to the county of Cook,) and to authorize, if they may deem it necessary, the location of any market or market buildings, in any of the streets or alleys of said city, with power to establish and regulate the markets so located by such ordinance or ordinances, for the restraining or licensing of the sale of meats and vegetables therein, as they may deem expedient, with such penalties as they may see proper to affix thereto for a violation thereof, not inconsistent with the laws and constitution of this State. SEC. 8. That the said common council shall have power to assess and levy a tax upon all improvements on canal lots, or forfeited canal lots, as other lots are taxed in said city, so as to make the said improvements or the rents thereof liable therefor, and that the personal property of the person or persons in said city owning said improvements or renting or leasing the ground of said lots, shall be liable therefor, and upon a failure or refusal to pay said taxes, it shall be the duty of the collector of said city to obtain from the common council of said city a warrant in the nature of an execution against all such delinquents, authorizing him to levy upon and sell their goods and chattels, as in case of an execution from a justice of the peace, for the payment of said taxes and costs, and in case the said persons so owning the said improvements or renting the ground aforesaid, shall have no personal estate upon which to levy for the payment of the said taxes and costs, then and in that case the tenant or tenants, after notice given, shall be liable for the said taxes and coststo the extent of the rents in their hands unpaid, if sufficient to pay said taxes and costs; and upon refusal to pay the same, may be proceeded against in the same manner as the persons owning said improvements or leasing said lots. SEc. 9. That the thirty-fifth section of the act to which this is an amendment, be so amended, that whenever the word or" occurs in said section, it shall be taken and construed to mean "and," and in all respects shall have the same meaning and signification as the word " and." SEc. 10. That the forty-first section of the said act, to which this is an amendment, or so much thereof as provides that the right of redemption shall in all cases of sale of real estate for taxes, exist to the same extent to the owner and his creditors, as is allowed by law in cases of sale of real estate for taxes, be so amended as to make the late revenue law, approved February twenty-six, one thousand eight hundred and thirty-nine, the law to which reference shall be expressly had in all cases. This act to take effect from and after the first day of March next. Approved February 27, 1841. 1841.] 553 AMENDMENT OF CITY CHARTER. 554 APFXDI. [FEB.16, AN ACT to legalize the recorded Plat of School Section Addition to Chicago, and for other purposes SECTION 1. Be it enad by the People of the Stae of lilinois, represented in the General Assembly, That the recorder of the county of Cook is hereby authorized to certify upon the maps or plat of the school section, recorded in his office, in book "A," page three hundred and fifteen, that the same is the plat of the school section addition, an addition to the town of Chicago, and to make such other certificates upon said maps as the common council of Chicago shall direct, to remedy any omission or defect in the same; and the said plat or map, when so certified, is hereby declared and made good, valid and legal, for all purposes whatever, any omission or defect in the same to the contrary notwithstanding; and the same shall hereafter be deemed good, valid and legal, and all omissions and defects in the same cured by this law, and the common council of said city are hereby authorized to cause said school section to be resurveyed, and the same run out so as to correspond with said plat. SEc. 2. The said common council shall have power to enforce all such rules, ordinances and public regulations made in pursuance of the powers heretofore granted to said city, by imposing penalties of fine and imprisonment, either or both, in the discretion of the magistrate or magistrates before whom conviction shall be had: Provided, Such fine shall not exceed one hundred dollars, and the imprisonment sixty days. SEc. 3. The cemetery lots which have or may be hereafter laid out and sold by said city for private places of burial, shall, with the appurtenances, forever be exempt from execution and attachment. SEC. 4. The assignee of any tax certificate, of any lot sold for taxes under the authority of said city, shall be entitled to receive the deed of such lot in his own name, with the same effect as though he had been the original purchaser. SEC. 5. The south-east and north-east quarters of the south-west quarter, southwest and north-west quarters of the south-east quarter of section number five, township thirty-nine, range fourteen east, and the west half of the north-east quarter of section number eight, in township thirty-nine, range fourteen east of the third principal meridian, are hereby stricken out of the corporate limits of the said city of Chicago. SEC. 6. This act to take effect from its passage. Approved March 3, 1843. '5 AN ACT supplementary to an Act to incorporate the City of Chicago, approved March 4, 183T7. SECTION 1. Be it enacted by the People of the Sate of Illinois, represented in the General Assembly, That the district of country, in the county of Cook and State of Illinois, known and described as follows, to wit: All that part of township thirty-nine (39) north, range fourteen (14) east of the third principal meridian, which lies north of the north line of sections twenty-seven (27), twenty-eight (28), twenty-nine (29), and thirty (30), of said township, and the east half of section thirty-three (33), in township forty (40) north, of range fourteen (14), and fractional section thirty-four (34), in said township forty (40), shall hereafter be included in, constitute and be known by the name of the City of Chicago. SEc. 2. The city of Chicago shall be divided into nine wards, as follows: All that part of the city which lies south of the centre of Chicago river, and east of the centre of State street and a line running due south from the centre of the last named street, shall be denominated the first ward of said city. All that part of said city which lies south of the centre of said Chicago river, west of the first ward, and east of the centre of Clark street and a line running due south from the centre of the last named street, shall be denominated the second ward of said city. All that part of said citv which lies south of the centre of the said Chicago river, west of the second ward, and east of the centre of Wells street and a line running due south from the centre of the last named street, shall be denominated the third ward of said city. All that part of said city which lies south of the centre of the said Chicago river, west of the third ward, and east of the centre of the south branch of the Chicago river, shall be denominated the fourth ward of said city. 554 IFEB.'167 APPENDIX. SUPPLEMENTARY TO CITY CHARTER. All that part of said city which lies west of the centre of the south branch of the Chicago river, and south of the centre of Randolph street and a line running -due west from the centre of the last named street, shall be denominated the fifth ward of said city. All that part of said city lying west of the centre of Chicago river and north and south branches thereof, and north of the centre of Randolph street and a line running due west from the centre of the last named street, shall be denominated the sixth ward of said city. All that part of said city which lies east of the centre of the north branch of the Chicago river, ana north of the centre of the Chicago river, and west of- the centre of La Salle street and a line running due north from the centre of the last named street, shall be denominated the seventh ward of said city. All that part of said city which lies north of the centre of Chicago river, and east of the seventh ward, and west of the centre of Wolcott street and a line running due north from the centre of the last named street, shall be denominated the eighth ward of said city. All that part of said city which lies north of the centre of Chicago river, east of Wolcott street and a line running due north from the centre of the last named street, shall be denominated the ninth ward of said city. SEC. 3. Two aldermen shall be elected in each of said wards, in the manner provided in the act to which this is supplementary, for the election of aldermen, who shall perform the same duties and possess like powers as are performed by the present aldermen of said city, except as hereinafter provided. After the next election of aldermen, the common council of said city, who shall be chosen at said election, shall divide said aldermen from each ward into two classes, by lot; the first class shall respectively hold their officeslfor one year, and until their successors are elected and qualified; and the second class shall hold their offices respectively for two years, and until their successors are elected and qualified; and thereafter one alderman shall annually be elected in each ward, whoshall hold his office for the term of two years, and until his successor shall be elected and qualified: Provided, That any person who may be elected to fill a vacancy, shall hold his office only for the term of time that shall be unexpired between the date of his election and qualification and the next regular election of alderman in his place as is hereinbefore provided; and the aldermen shall be conservators of the peace in their respective wards. SEC. 4. It shall be the duty of the mayor of said city to give bond and be qualified as a justice of the peace of Cook county; and upon his filing such bond, and qualifying, as aforesaid, he shall possess the like power and jurisdiction as any other justice of the peace, and shall be entitled to the like fees and emoluments. SEc. 5. In case of a vacancy in the office of mayor, or of his being unable to perform the duties of his office by reason of temporary or continued absence or sickness, the common council shall appoint, by ballot, one of their number as acting mayor, whose official designation shall be such, to preside at their meetings. And the alderman so appointed shall be vested with all the powers and perform all the duties of mayor, except in regard to qualifying as justice of the peace, until the mayor shall resume his office, or the vacancy be filled by a new election. SEC. 6. There shall be elected at each annual election in said city, one city attorney, one city treasurer, one city collector and one city surveyor, by the legal voters thereof. Second. There shall also be elected at such election, one street commissioner and one assessor, by the legal voters of the first, second, third and fourth wards, and one street commissioner and one assessor by the legal voters of the fifth and sixth wards, and one street commissioner and one assessor by the legal voters of the seventh' eighth and ninth wards of said city. Third. The said assessors shall meet together and revise and correct their assessmeat rolls, before the same shall be returned to the council as required by law. Fourth. There shall also be elected at each annual election, one police constable in each ward of said city, by the legal voters thereof: Provided, That nothing: in this clause shall be so construed as to take away from the common council the power to appoint any additional number when an emergency or the public interest may require it. Fifth. The city marshal shall possess all the powers and authority of a constable in common law, and under the statutes of this State, and shall receive the same fees 555 1841.] 556 APPENDIX. [FEB.16, and emoluments. He shall also enter into bond for the performance of his duties as constable, to be approved by the common council as in other cases. SEC. 7. Every person appointed to any office by the common council, or elected to any office in said city, may be removed from such office by a vote of two-thirds of the aldermen of said city authorized by law to be elected. But no officer shall be removed except for cause, nor unless the accused shall be first furnished with the charges against him, that he may be heard in his defense. Second. Whenever any vacancy shall happen by the death, removal or resignation of any officer of the city, elected by the people, such vacancy shall be filled by a new election by the people, and the common council shall order such new election, within ten days after the happening of such vacancy; and in the meantime the council may fill such vacancy by an appointment pro tern., to expire upon the election and qualification of the officer elected to fill such vacancy. Third. Any vacancy occurring by the death, removal or resignation of any officer authorized to be appointed by the common council, may be filled by appointment of the council. SEc. 8. The common council shall have power to define the powers and duties of all officers elected by the people, or appointed to office by the common council, and to fix the compensation of such officers. SEC. 9. Every male resident of the city over the age of twenty-one years, and under the age of sixty years, shall hereafter labor three days in each and every year upon the streets and alleys of said city, at such time and in such manner as the street commissioner shall direct; but any person may, at his option, pay at the rate of fifty cents for every day he shall be so bound to labor: Provide, The same shall be paid on or before the first day of the three days upon which he is notified;to labor by the street commissioner; and such labor or payment shall be in lieu of all labor required to be performed upon any roads, streets or alleys, by any law of this State; and in default of the payment of such money as aforesaid, or the performance of such labor, the common cQuncil may sue for and collect the sum of three dollars of every person so in default, before any justice of the peace, and no set-off shall be allowed the defendant in any such case: Provided, This section shall not take effect until after the first day of March, A. D. 1847. Second. The street taxes shall be expended in the several wards where the persons paying the same may reside respectively. Section sixty-three of the act to which this is supplementary is hereby repealed. SEC. 10. The common council of sad city shall have no power to remit any fine imposed upon any person for the violation of the laws or ordinances of said city, unless two-thirds of all the aldermen authorized to be elected shall vote for such remission; nor shall anything in this act contained, or that to which it is supplementary, or in any act relating to said city, be so construed as to oust any court of jurisdiction to abate and remove nuisances in the streets or any other parts of said city, by indictment or otherwise. Second. No vote of the common council shall be reconsidered or rescinded at a special meeting of said council, unless, at such special meeting, there be present as large a number of aldermen as were present when such vote was taken. SEC. 11. The common council shall have power to lay out, make and assess streets, alleys, lanes and highways in said city, and make wharves and slips at the end of streets, and to alter, widen, contract, straighten and discontinue the same. They shall cause all streets, alleys, lanes or highways, laid out by them, to be surveyed, described and recorded in a book to be kept by the clerk; and the same, when opened, shall be public highways. Second. Whenever the common council shall desire to take or appropriate any land or town lot, or any part thereof; not the property of the city, for any of the purposes aforesaid, they shall cause an application to be made in writing to some court of record in the county of Cook, or judge thereof in vacation, for the condemnation of such land or town lot, or part thereof, for such purposes, and shall give notice of such application by publishing a notice thereof for thirty days in the corporation newspaper. And upon such application and proof of such notice being filed in the office of the clerk of said court, the said court or judge shall appoint three commissioners to examine and report upon the necessity of such appropriation, and the value of such land, town lot or part thereof, and the injury to the owner or owners thereof, respectively, in consequence of such appropriation, and at the same time to assess and apportion the said damages and expenses of said improvement on real estate deemed .556 [FEB. 16' 7 IAPPENDIX. SUPPLEMENTARY TO CITY CHARTER. by them benefited thereby, as nearly as may be in proportion to the benefit resulting therefrom. after taking into consideration and making due allowance for any benefit which said owner or owners may derive from such improvement, and shall describe the real estate upon which such assessment is made. If there be any building on any land taken for such improvement. the owner thereof shall have ten days, or such time as the common council may allow after the final assessment of the commissioners and the proceedings of the court are confirmed by the common council, to remove the same, and in case such owner remove such building, the value thereof to the owner to remove shall be deducted from the amount of damages to be awarded to the owner thereof, and such value shall be, at the time of the assessment, determined by the commissioners, and in case of removal deducted pro rata from the assessments upon the real estate deemed benefited by such improvements. Third. The said commissioners shall be sworn faithfully and impartially to execute their duty in making such assessment, according to the best of their ability. They shall appoint time or times, and place or places, for the purpose of viewing the premises and making their assessment, and give notice thereof by publication for the space of ten days in the corporation newspaper, and personal notice shall be given to all persons interested, where the same are known, or left at their last usual place of abode. When any person known to be an owner or interested in any such land, town lot or part thereof, shall be an infant, a guardian shall be appointed for such infant by such judge in court, in the manner pointed out in the forty-fourth section of the act to which this is supplementary. Fourth. The commissioners shall view the premises, and in their discretion receive any legal evidence, and may, if necessary, adjourn from day to day. Fifth. The said commissioners shall make their determination and assessment in the manner aforesaid, and the determination and assessment of said commissioners shall be reduced to writing and signed by all of said commissioners, and reported and returned to said court, as soon after such hearing as may be; and upon filing such report in the office of the clerk of said court, the said clerk shall publish a notice of such fact in the corporation newspaper for the space of ten days; and any person interested may appear and file their objections to the confirmation of such report at any time within fifteen days from the first publication of such notice last aforesaid. At the next term of the court, or in vacation, if ten days notice aforesaid shall have been published of the time and place of hearing, and said fifteen days shall have expired, the judge of the court in which such proceedings shall be had, shall examine said report and hear all persons interested therein; and if the proceedings of said commissioners shall be found fair and regular, said report shall be confirmed, and said land, lot or part thereof be condemned by said judge for such purpose or purposes. And thereupon the said court, or judge in vacation, shall cause the proceedings to be certified to the common council, and if the same shall be confirmed by the council, an order shall be entered at large upon the records of the common council, confirming the same and directing a warrant to be issued to the collector for the collection of said assessment as in other cases, and the same proceedings shall be had in all respects for the collection of the same, as for the collection of other taxes or assessments. All orders and judgments required to be entered by the court in the progress of the proceedings under this section, may be entered by the judge thereof in vacation; and the said judge shall have power to refer the assessment back to the commissioners for correction and revisal, upon such principles as he may consider equitable and just, and appoint other commissioners in the place of such as may be unable or refuse to serve. And if in his opinion such improvement is not required by the public interests, he shall have the power of setting the proceedings aside. Sih. But in case such council shall refuse to confirm the same, then all the proceedings in relation to the laying out, altering, widening or straightening such street, alley, lane, highway, wharf or slip, shall be null and void. But if the order of said court shall not be confirmed, the common council shall reimburse the parties, defendants, interested in the said proceedings, all reasonable costs and charges, including counsel fees. venth. The commissioners of assessment appointed under this act, or the act to which this is supplementary, shall be allowed two dollars per day each for every day's actual services, and it shall be the duty of the city attorney to prepare all such papers and make all such examinations as they may request. Eighh. Provided, That no portion of the thirty-eighth section of the act to which this is supplementary shall be deemed to be repealed by this section, except 80 far as 551 1847.] 558 APEDX [FB.6 the same provides for the making, opening and assessing alleys, streets, highways, wharves and slips; and for all other purposes the said section shall be continued in force. SEc. 12. The common council of the city of Chicago may lay, make, maintain and repair all main drains or common sewers in the city of Chicago, and all the main drains or common sewers which have heretofore been, or which may hereafter be constructed by said common council, shall be taken and deemed to be the property of said city. - Second. Every person who may hereafter enter his particular or private draininto any main drain or common sewer so constructed as aforesaid, for the draining of his cellar or land, or in obedience to the ordinance of said city, or who, by any more remote means, shall receive any benefit thereof for draining his cellar or land, shall pay to the city a proportional part of the charge of making and repairing such main drain or common sewer, to be ascertained and determined by a committee of the common council, and by them certified to the council, and approved by the latter, and notice thereof given to the party to be charged therewith, or his tenant or lessee, who shall have the right to appeal therefrom as in other cases. Third. All assessments so made shall constitute a lien on the real estate assessed for one year after they are levied, and may, together with all incidental costs and expenses, be levied by sale thereof, if the assessment benot paid within thirty days after a written demand of payment made either upon the person assessed, or upon any person occupying the estate; such sales to be conducted in like manner as sales for the non-payment of taxes. SEC. 13. The common council of the city of Chicago shall have eclusive power to erect and construct, or to permit or cause or procure to be erected and constructed, float or draw-bridges over the navigable waters within the corporation limits of. said city, said bridges to have draws of suitable width, so as not to prevent or interrupt the free navigation of said waters. And any person or persons who shall injure or destroy any bridge, the construction of which may have been heretofore or may be hereafter authorized or permitted by the common council, or shall cause or procure the same. to be injured or destroyed, shall be subject to a penalty of one hundred dollars for each offense, to be recovered by the city in an action of debt, and may be imprisoned for a term not exceeding-three months, in the discretion of the magistrate before whom such conviction may be had, and such person or persons shall also be liable in a civil action at the suit of the city for the damages occasioned by such injury or destruction. SEc. 14. The-common council shall have power to cause any streets or highways in the city to be planked, and also to build and construct a breakwater or barrier, along the shore of lake Michigan, for the protection of the said city against the encroachments of the water, and also to construct, or authorize to be constructed, a tunnel or tunnels under the Chicago river or either of its branches, at the crossing of any street, and to cause the expenses of either of the said improvements to be assessed and collected in the manner prescribed in the thirty-eighth, thirty-ninth, fortieth and forty-first sections of the act to which this is supplementary: Provided, That nothing contained in this section shall authorize the common council to assess or collect any expenses incurred in the construction of a breakwater, or on account of any public grounds, (excepting streets and alleys,) upon any particular portion or part of said city, but all such expenses hereafter incurred shall be paid by assessing the same on the city at large, in the same manner as general taxes are now assessed and collected. SEc. 15. The common council shall have power to pass all such ordinances as they may think proper and necessary to preserve the harbor; to prevent and pmunish the casting or depositing therein any earth, ashes, or other substances, fith, logs, or floating matter; to prevent and remove all obstructions therein, and to punish the authors thereof; to regulate and prescribe the mode and speed of entering and leaving the harbor, and of coming to and departing from the wharves and streets of the city by steamboats, canal boats, and other craft and vessels, and the disposition of the sails, yards, anchors and appurtenances thereof, while entering, leaving or abiding in the harbor; and to regulate and prescribe, by such ordinances or through their harbor master, such a location of every canal boat, steamboat, or other craft or vessel, or float, and such changes of station in and use of the harbor as may be proper in order to promote order therein, and the safety and equal convenience, as near as may be, of all such boats, vessels, craft and floats. The common council may annually appoint one or more harbor masters, whose especial duty it shall be to enforce all such ordi 558 [FF,B. 167 APPENDIX. SUPPLEMENTARY TO CITY CHARTER. nances; and may impose penalties and fines not exceeding one hundred dollars for any offense against any such ordinance; and may by such ordinance charge any such penalty upon the steamboat, canal boat, or other vessel, craft, or boat, the captain, master. owner, consignee or person in charge of which, is thereby liable therefor. The word "harbor," as used in this section, shall be taken and deemed to include so much of lake Michigan as lies within the distance of one mile from the shore thereof into the lake, and the Chicago river and its branches, including the piers. SEc. 16. The common council shall have power to lease for any term of years not exceeding ten years in any term, lot number five (5), in block number four (4), lot number nine (9), in block number fifty (50), and lot six (6), in block fifty-five (55), all in the original town of Chicago, heretofore donated to the city of Chicago, for the, use of schools, under "An Act to provide for the dedication of lots in towns situate on canal lands to public purposes," passed 1839; or exchange the same or any part thereof; and for this purpose to execute a deed or deeds to the purchaser, for the lots or parts of lots in the city, which may be more eligible fbr the purposes of the original donation. The common council shall also have power to sell and dispose of the whole or any part of lot number five (5), in block number four (4), in the original town above described, and execute to the purchaser a good and sufficient deed, so as to vest in him the legal title to the same: Provided, That in case the common council shall lease all or either of said lots, or sell or dispose of said lot number five (5), in block number four (4), of the original town, or any part thereof, the rents, issues and proceeds of such leases or sale shall not be appropriated at any time hereafter to any other purpose than the support of common schools in the city, or the purchase of suitable sites for school-houses, as contemplated in the original donation of the same. SEC. 17. Every assessment or tax levied or assessed by the common council, the collection of which shall be delayed by injunction or other judicial proceedings, shall be a lien upon the premises assessed for the period of one year after the final disposition of the injunction or other judicial proceedings, unless said injunction shall be sustained. The collector of the city may seize personal goods and chattels, for the satisfaction of any taxes or assesments levied.or assessed by the common council, in virtue of any of its corporate powers, in the manner prescribed by the revenue lawsof the State. econd. If at any sale of real or personal estate for taxes or assessments levied or assessed by the common council, no bid shall be made for any parcel of land, or any goods or chattels, the same shall be struck off to the city; and thereupon the city shall receive in the corporate name a certificate of the sale thereof, and shall be vested with the same rights as other purchases at such sales. SEC. 18. The common council shall have power to pass ordinances to regulate, restrain or prohibit the keeping of any billiard table or tables, or any, ball alley within said city, under penalties not exceeding one hundred dollars for each and every violation thereof. And also to restrain and prohibit the running. at large [of] any horses or hogs within the city, and for this purpose shall have power. to impose a penalty upon the owner or owners of said horses or hogs; not exceeding ten dollars, for the violation of any ordinance concerning horses or hogs, or both, which the common council may enact and ordain. SEC. 19. In all prosecutions for any violation'of any ordinance of said city, the first process shall be a summons, unless oath or affirmation be made.by some officer of said city or other person for a warrants as in other cases before justices of the peace. Second. In all suits for the violation of ordinances the writ shall specify the particular clause or offense of the ordinances violated. Third. It shall be lawful for the Cook county court and the circuit court of Cook county, respectively, in passing sentence upon any person hereafter found guilty, by the verdict of a jury, or upon confession of any offense, for which the punishment is fine and imprisonment in the county jail, or either, to make. an order that during the term of imprisonment such person shall be required to labor upon the streets of the city of Chicago. And that unless such fine and costs shall be paid upon demand, or property sufficient to satisfy the same be turned out, to be taken in execution, such prisoner shall also be required to labor upon the streets of the city at the rate of fifty cents per day, under the direction of the street commissioners of the city,. until the whole fine and costs shall be fully paid. Fourth. Every person who may be hereafter committed upon any execution issued by any court of record or justice of the peace of Cook county, uppn a judgment recoy, 1847.] 559 560 ~ ~ ~ AFEDX [E. ered by the city for penalty, fine for a breach of any provision of this act or the act incorporating the said city, or any act amendatory thereof, or for a violation of any by-law or ordinance of said city, shall be required to labor on the streets of the city at the rate aforesaid, until the whole of such judgment and costs shall be fully paid; and the jailer of Cook county is hereby authorized to deliver any prisoner sentenced or committed in execution as aforesaid, to any street commissioner of said city under an order of the mayor or acting mayor of the city, for the purpose of laboring on the streets as aforesaid; and the city shall pay to the jailer the sum of thirty-seven and a half cents per day for board for each day such prisoner shall actually labor, and not otherwise: Provided. That such prisoner may be excused from labor by a vote of twothirds of the common council. Fifth. The officers of said city who may be authorized to receive such prisoner, may secure him in such manner as may be necessary to compel him to labor on the streets, and shall return such prisoner to the custody of the jailer before sunset of each day. SEC. 20. Al ordinances hereafter passed by the common council imposing penalties shall take full force and effect in one week after their publication. Approved February 16, 1847. AN ACT in relation to that part of Township 89 north, of Range 14 east of the Third Principal Meridian, in relation to Schools. SECTION 1. Be t enaded by the People of the State of llinois, represented in the General Assembly, That all that part of township thirty-nine north, of range fourteen east of the third principal meridian, in Cook county, which lies south of the corporate limits of the city of Chicago, shall constitute a school district, by the name of "South Chicago School District," and the legal voters of said district shall have authority to levy and collect a school tax, annually, upon all the estate, both real and personal, in said district, for school purposes, not exceeding one-quarter of one'per centum upon the assessed value thereof, as the same shall be valued by the assessor of Cook county. SEC. 2. The inhabitants of said district shall meet together at such time and place as shall be appointed by the clerk of the county commissioners' court of Cook county, in each year, and appoint three inspectors of elections, who shall be qualified in the same manner as judges of precinct elections, and shall be governed, as nearly as may be, by the laws relating to judges of precinct elections, and make returns of the election to the clerk of said court. At such elections, there shall be elected, by ballot, three directors of said district, who shall be freeholders therein at the time of their election, and who shall have the same power, and perform the like duties, within their district, that are possessed and performed by the trustees and inspectors of common schools in the city of Chicago. The said directors shall hold their offices for one year, and until their successors are elected and qualified. At such election the inhabitants of said district shall determine, by vote, what tax, not exceeding the said one-fourth of one per centurm, shall be levied upon the real and personal estate within said district. The inspectors of said election shall make return of said election, and the votes taken thereat, to said clerk, within ten days after such election. Said returns shall be opened by said clerk in the presence of two justices of the peace, and he shall grant a certificate of election to the three persons who shall appear, by said returns, to have received the greatest number of votes thereat. In case of contested elections, the contest shall be determined in the manner provided by law for contesting the election of justices of the peace. SEC. 8. Upon said return being made and filed,in the office of said clerk, he shall add to the tax list levied by the county commissioners' court upon the estate in said district, in a separate column, the tax voted by said district, and the same shall be collected by the sheriff or county collector, as other taxes, in money, and paid unto the agent of the school fund appointed by the common council of the city of Chicago, who shall keep a separate account of the same, and disburse it only upon the written order of said directors. SEc. 4. If any such director or directors shall draw an order upon said agent for any part of said money thus collected as a district tax, except so much thereof as shall be allowed by them to said clerk for his services in the premises, or shall appropriate the same to any purpose other than the building of a school-house or school [FiB. 14 - i 560 APPF,NDIX. 1851.] OITY CflART1R. 51 houses in said district, or the support of schools therein, he or they shall forfeit and pay to any person who may sue for the same, three times the amount of such order or appropriation, to be recovered by action of debt before any justice of the peace or court, and besides, shall be liable to indictment and punishment by fine, not exceeding five hundred dollars, and imprisonment in the county jail not exceeding six months, at the discretion of the court SEc. 5. The said directors shall be authorized to draw from the aent of the school fund of the city of Chicago, monthly, such an amount as said district shall be entitled to, in proportion to its number of inhabitants, between the ages of five and twentyone years, as compared with the whole number of such inhabitants in said city, out of the interest of the school fund in said township: Provided, That a common school be established and maintained in said district, and said money be drawn and appropriated solely for the payment of teachers' wages. Approved February 23, 1847. AN ACT to exempt the Members of the Fire Department in the City of Chicago from paying a Street or Road Tax. SECTION 1. Be it enacted by the People of the Sate of llinois, represented ie the General Assembly, That the several persons in the city of Chicago, who are members of the fire department of said city, shall be and they are hereby exempted from working out any road or street tax within said city, or from paying any money in lieu thereof. Approved February 10, 1849. AN ACT to redace the Law incorporating the City of Chicago, and the several Acts amendatory thereof, into one Act, and to amend the same. CHAPTER I. " II. H II ". IV. 4; V Vo " VI. " VII, " VIII. " IX. X. XI. XII. CITY AND WARD BOUNDARIES. OFFICERS: THEIR ELECTION AND APPOINTMENT. POWERS AND DUTIES OF OFFICERS. OF THE COMMON COUNCIL, ITS GENERAL POWERS AND DUnJE OF TAXATION. ASSESSMENTS FOR OPENING STREETS AND ALLEYS. ASSESSMENTS FOR PUBLIC IMPROVEMENTS. COLLECTION OF TAXES AND AS3ESSMENTS. FIRE DEPARTMENT. BOARD OF HEALTH. SCHOOLS AND SCHOOL FUND. MISCELLANEOUS PROVISIONS CHAPTER I. CITY AND WARD BOUNDARIES. SECTION 1. Be it enated by the People of the State of illinois, repree in General Assembly, That the district of country in the county of Cook and State of Illinois, known and described as follows, to wit: All that part of township thirty-nine north, range fourteen east of the third principal meridian, which lies north of the north line of sections twenty-seven, twenty-eight, twenty-nine and thirty, of said township, and the east half of section thirty-three and fractional section thirty-four in township forty north, range fourteen east, is hereby erected into a city, by the name of the " City of Chicago." SEC. 2. The inhabitants of said city shall be a corporation by the name of the City of Chicago;" and by that name sue and be sued, complain and defend in any court; make and use a common seal, and alter it at pleasure; and take, hold and purchase, lease and convey, such real and personal or mixed estate as Ae purposes of the corporation may require, within or without the limits aforesaid. SEC. 3. The city of Chicago shall be divided into nine wards, as follows: First Ward. All that part of the city which lies south of the centre of Chicago river, and east of the centre of State street and a line running due south from the centre of the last named street, shall be denominated the first ward. S&cond Ward. All that part of said city which lies south of the centre of said Chicago river, west of the first ward, and east of the centre of Clark street and a lio running due south from the centre of the last named street, shall be denominated thesecond ward. 36 18-51.] 5161 CITY CIIARTER. 562 APPENDIX. [FEB.14, Third Ward. All that part of said city which lies south of the centre of the said Chicago river, west of the second ward, and east of the centre of Wells street and a line running due south from the centre of the last named street, shall be denominated the third ward. Fourth Ward. All that part of said city which lies south of the centre of the said Chicago river, west of the third ward, and east of the centre of the south branch of the Chicago river, shall be denominated the fourth ward. Fifth Ward. All that part of said city which lies west of the centre of the south branch of Chicago river, and south of the centre of Randolph street and a line running due west from the centre of the last named street, shall be denominated the fifth ward. Sicth Ward. All that part of said city lying west of the centre of Chicago river and north and south branches thereof, and north of the centre of Randolph street and a line running due west from the centre of the last named street, shall be denominated the sixth ward. Seventh Ward. All that part of said city which lies east of the centre of the north branch of the Chicago river, and north of the centre of the Chicago river, and west of the centre of La Salle street and a line running due north from the centre of the last named street, shall be denominated the seventh ward. Eighth Ward. All that part of said city which lies north of the centre of the Chicago river, and east of the seventh ward, and west of the centre of Wolcott street and a line running due north from the centre of the last named street, shall be denominated the eighth ward. Ninth Ward. All that part of said city which lies north of the centre of the Chicago river, east of Wolcott street and a line running due north from the centre of the last named street, shall be denominated the ninth ward. CHAPTER II. OFFICERS: THEIR ELECTION AND APPOINTMENT. SECTION 1. The municipal government of the city silall consist of a common coun cil, composed of the mayor, and two aldermen from each ward. The other officers of the corporation shall be as follows: A clerk; an attorney; a treasurer; a school agent; a marshal; a board of school inspectors; a board of health; one chief, and a first and second assistant engineers of the fire department; one or more collectors; one or more surveyors; one street com missioner and one assessor for each Lateral division of the city; one or more harbor masters; three trustees of schools for each school district; one or more health officers; one or more market clerks; three inspectors of elections for each ward; and as many firemen, fire-wardens, constables, policemen, watchmen, sealers of weights and meas ures, inspectors, measurers, weighers, gaugers, sextons or keepers of burial grounds; keepers and assistants of almshouses, workhouses, public buildings, hospitals and bridewell or house of correction; bellmen, common criers, scavengers; and such other officers and agents as the common council may, from tinme to time, direct and appoint. SEc. 2. An election shall be held in each of the wards of said city on the first Tuesday of March in each year, at such place as the common council may appoint, and of which six days previous public notice shall be given in written or printed notices, iI three public places in each ward, by the city clerk. SEC. 3. At the annual election there shall be elected by the qualified voters of said city, a mayor, marshal, treasurer, collector, surveyor, attorney, and chief and assist anrt engineers; and the person having the highest number of votes in the whole city for either of such offices, shall be declared elected. At the same time the electors in their respective wards shall vote for one alderman and one police constable, and the persons receivin the highest number of votes cast in the ward for such offices respect ively, shall be declared elected. SEC. 4. There shall also be elected at such election, one street commissioner by the legal voters of the south division, being the first, second, third and fourth wards; one street commissioner by the legal voters of the west division, being the fifth and sixth wards; and one street commissioner by the legal voters of the north division, being the seventh, eighth and ninth wards of said city; and the person having the ""highest number of votes in each division respectively, shall be declared elected. SEC. 5. The officers elected by the people under this act, (except aldermen), shall respectively hold their offices for one year, and until the election and qualification of [FEB. 14? 562 APPENDIX. 1851.1 GITY CIIARTER. 563~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ their successors respectively. All other officers mentioned in this act, (except aldermen and firemen). and not otherwise specially provided for, shall be appointed by the common council by ballot, on the second Tuesday of March in each year, or as soon thereafter as may be, and respectively continue in office one year, and until the appointment and qualification of their successors. But the council may specially authorize the appointment of watchmen by the mayor or marshal, to continue in office during the pleasure of the council: Provided, The mayor or marshal may be authorized by the council to remove them for good cause. Officers elected or appointed to fill vacancies, shall respectively hold for the unexpired term only, and until the election or appointment and qualification of their successors. SEC. 6. The several wards of the city shall be respectively represented in the common council by two aldermen, who shall be residents thereof, and hold their offices respectively for two years from and after their election, and until the election arnd qualification of their successors. They shall be divided into two classes, consisting of one alderman from each ward, so that one from each ward may be annually elected. The first class shall be elected at the annual election in March next, and be successors to the members of the present common council whose offices expire at that time. The second class shall be elected one year thereafter, and succeed those members who are entitled to hold over one year after the next election. The members of each class, hereafter elected, shall respectively continue in office two years. If from any cause there shall not be a quorum of aldermen, the clerk shall appoint the time and places for holding a special election, and appoint inspectors thereof, if necessary. If any alderman remove from the ward represented by him, his office shall thereby become vacant. SEC. 7. If, for any cause, the officers herein named shall not be appointed on the second Tuesday in March, the common council may adjourn from time to time, until such appointments are made. If there should be a failure by the people to elect any officers herein required to be elected, the common council may forthwith order a new election. SEC. 8. Every person appointed to any office by the common council, or elected to any office by the people, may be removed from such office by a vote of two-thirds of all the aldermen authorized by law to be elected. But no officer shall be removed except for cause, nor unless first furnished with the charges and heard in his defense, and the common council shall have power to compel the attendance of witnesses and the production of papers, when necessary for the purposes of such trial, and shall proceed within ten days to hear and determine upon the merits of the case, and if suchli officer shall neglect to appear adid answer to such charges, then the common council may declare the office vacant: Provided, This section shall not be deemed to apply to any officer appointed by the common council; such officer may be removed at any time by a vote of two-thirds as aforesaid, in the discretion of the council. But any officer may be suspended until the disposition of charges, when preferred. SEC. 9. Whenever any vacancy shall happen by the death, removal, resignation or otherwise, of any officer elected by the people, such vacancy shall be filled by a new election, and the common council shall order such new election within ten days after the happening of such vacancy. Any vacancy occurring by the death, removal or resignation of any officer authorized to be appointed by the common council, may be filled by appointment of the council; but no special election shall be held to fill vacancies (except of mayor and aldermen,) if more than six months of the term have expired. SEc. 10. All citizens of the United States, qualified to vote at any election held under this act, shall be qualified to hold any office created by this act, but no person shall be eligible to any office or place under this or any other act in relation to said city, who is now, or hereafter may be, a defaulter to said city, or to the State of Illinois, or any county thereof, and any person shall be considered a- defaulter whie has refused or neglected, or may hereafter refuse or neglect, for thirty days after demand made, to account for and pay over to the party authorized to receive the same, any public money which may have come into his possession. And if any person holding any such office or place shall become a defaulter whilst in office, the office or place shall thereupon become vacant. SEC. 11. When two or more candidates for an elective office shall have an equal number of votes for the same office, the election shall be determined by the casting of lots in the presence of the common council. SEc. 12. The manner of conducting and voting at elections to be held under this 1851.] 563 CITY CHARTER. 564 APPENDIX. [FEB.14, act, and contesting the same, the keeping of the poll lists, canvassing of the votes and certifying the returns, shall be the same, as nearly as may be, as is now or may hereafter be provided by law at general State elections: Provided, The council shall have power to regulate elections. The voting shall be by ballot, and the inspectors of elections shall take the same oath, and shall have the same power and authority as inspectors of general elections. After the closing of the polls, the ballots shall be counted in the mannier required by law, and the returns shall be returned sealed to the city clerk within three days after the election, and thereupon the common council shall meet and canvass the same, and declare the result of the election. It shall be the duty of the clerk to notify all persons elected or appointed to office of their election or appointment, and unless such persons shall respectively qualify within ten days thereafter, the offices shall become vacant. SEC. 13. No person shall be entitled to vote at any election under this act, who is not entitled to vote at State elections, and has not been a resident of said city at least six months next preceding the election; he shall moreover have been an actual resident of the ward in which he votes for ten days previous to the election, and if required by any person qualified to vote thereat: shall take the following oath before he is permitted to vote: Provided, That the voter shall be deemed a resident of the ward in which he is accustomed to lodge: "I swear (or' affirm') that I am of the age of twenty-one years, that I am a citizen of the United States. (or'was a resident of this State at the time of the adoption of the constitution,') and have been a resident of this State one year, and a resident of this city six months immediately preceding this election, and am now, and have been for ten days last past, a resident of this ward, and have not voted at this election." SEC. 14. The persons entitled to vote at any election held under this act, shall not be arrested on civil process within said city upon the day in which said election is held, and all persons illegally voting at any election under this act, shall be punishable according to the laws of this State. COHAPTER III. POWERS AND DUTIES OF OFFICERS. SECTION 1. Every person chosen or appointed to an executive, judicial or administrative office under this act, shall, before he enters on the duties of his office, take and subscribe the oath of office prescribed in the constitution of this State, and file the same, duly certified by the officer before whom it was taken, with the clerk of the city. SEC. 2. The mayor shall, before he enters upon the duties of his office, in addition to the usual oath, swear or affirm that he will devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require. He shall preside over the meetings of the common council, and take care that the laws of the State and ordinances of the city are duly enforced, respected and observed, and that all other executive officers of the city discharge their respective duties. He shall, from time to time, give the common council such information, and recommend such measures as he may deem advantageous to the city. He shall have a salary of twelve hundred dollars per annum; and he may give bond and qualify as a justice of the peace, and when qualified shall possess the same powers and jurisdiction as are herein vested in such justices of the peace as may be designated by the common council under this act, and be entitled to like lees. But he shall account for and pay over to the city treasurer, when required, all fines, fees, or other moneys received by him in his judicial capacity, and keep a docket subject at all times to the inspection of the common council. All ordinances and resolutions shall, before they take effect, be placed in tile office of the city clerk, and if the mayor approve thereof, he shall sign the same; and such as he shall not sign, he shall return to the council with his objections thereto. Upon the return of any ordinance or resolution, by the mayor, the vote by which the same was passed shall be reconsidered; and if, after such reconsideration, a majority of all the members elected to the council shall agree, by ayes and noes, which shall be entered of record, to pass the same, it shall go into effect. And if the mayor shall neglect to approve or object to any such proceedings for a longer period than three days after the same shall be placed in the clerk's office, as aforesaid, the same shall go into effect. The mayor shall likewise have the power, ex officio, to administer any oath required to be taken by this act. SEc. 3. In case of a vacancy in the office of mayor, or of his being unable to per .564 IFF,B. 147 APPENDIX. 1851.] OITY CHARTER. 565~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ form the duties of his office. by reason of temporary or continued absence or sick ness, the common council shall appoint by ballot one of their number to preside over their meetings, whose official designation shall be, acting mayor. And thie alderman so appointed shall be vested with all the powers, and perform all the duties of mayor, except in regard to qualifying as justice of the peace, until the mayor shall resume his office, or the vacancy be filled by a new election. SEc. 4. The members of the common council shall be fire wardens and conserva tors of the peace, and shall be exempted from jury duty, and the payment of street taxes, dutring their term of office. SEC. 5. The clerk shall keep the corporate seal and all papers belonging to said city, and make a record of the proceedings of the common council, at whose mneeting8 it shall be his duty to attend; and copies of all papers duly filed in his office, and transcripts from the records of the proceedings of the common council, certified by him under the corporate seal, shall be evidence in all courts, in like manner as if the originals were produced. He shall likewise draw all warrants on the treasury and countersign the same, and keep an accurate account thereof in a book to be provided for that purpose; he shall also have power to administer any oath required to be taken by this act. SEc. 6. It shall be the duty of the city attorney to perform all professional services incident to the office, and. when required, furnish written opinions upon subjects submitted to him by the mayor or the common council, or its committees. SEC. 7. The treasurer shall receive all moneys belonging to the city, and keep an accurate account of all receipts and expenditures in such manner as the common council shall direct. All moneys shall be drawn from the treasury in pursuance of an order from the common council, by warrant signed by the mayor or presiding officer of the common council, and countersigned by the clerk; suchl warrant shall specify for what purpose the amount specified therein is to be paid. The treasurer shall exhibit to the common council, at least fifteen days before the annual election of each year, and oftener, if required, a full and detailed account of all receipts and expenditures after the date of the last annual report, and also of the state of the treasury; which account shall be filed in the office of the clerk. SEC. 8. The marshal shall perform such duties as shall be prescribed by the common council, for the preservation of the public peace, the collection of license money and fines, or otherwise. He shall possess the power and authority of a constable at common law and under the statutes of this State, and receive like fees, but shall not serve civil process without first entering into bonds as such constable, to be approved by the common council as in other cases. SEC. 9. The city surveyor or surveyors, shall have the sole power, under the direction or control of the common council, to survey within the city limits, and he and they shall be governed by such rules and ordinances, and receive such fees and emoluments, for his or their services, as the common council shall appoint and direct. He shall possess the same powers in making surveys and plats, within the city, as is given by law to county surveyors, and the like effect and validity shall be given to his acts, and to all plats and surveys heretofore or hereafter made by any such surveyor, as are or may be given by law to the acts, plats and surveys of county survevors. SEC. 10. It shall be the duty of the collector or collectors to collect all taxes and assessments which may be levied by said city, and perform such other duties as may be herein prescribed or ordained by the common council. SEc. 1 1. Assessors shall perform all the duties in relation to the assessing of property, for the purpose of levying the taxes imposed by the common council. In the performance of their duties, they shall have the same powers as are or may be given by law to county or town assessors, and be subject to the same liabilities. On completing their assessment rolls, they shall meet together and revise and correct the same, and having completed the revision, they shall sign the several rolls and return the same to the common council. SEc. 12. It shall be the duty of the harbor master to enforce all ordinances, and provisions of this act, in relation to the harbor. SEc. 13. It shall be the duty of the street commissioners to superintend all local improvements in their respective divisions, and carry into effect all orders of the common council in relation thereto. They shall keep accurate account of all expenditures made by them, and render monthly accounts thereof to the common council SEe. 14. Every person appointed or elected to the office of constable, shall, before 1851.] 565 CITY CHARTER. 566 APPENDIX. [FEB.14, he enters upon the duties of his office, with two or more sureties, to be approved by the common council, execute, in presence of the clerk of the city, an instrument in writing by which such constable and securities shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may be liable to pay by reason or on account of any summons, execution, distress warrant or other process which shall be delivered to him for collection. The clerk shall certify the approval of' the common council on such instrument, and file the same; and a copy certified by the clerk, under the corporate seal, shall he presumptive evidence. in all courts, of the execution thereof by such constable and his sureties; and all actions thereon shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been appointed or elected, and may be brought in the name of the person or persons entitled to the money collected by virtue of such instruments. No constable appointed or elected, under this act, shall have power to serve any civil process out of the city limits, except in cases of persons fleeing therefrom, and to commit on execution, where the defendant shall have been arrested within the city. SEC. 15. The common council shall have power, from time to time, to require further and other duties of all officers whose duties are herein prescribed, and prescribe the powers and duties of all officers appointed or elected to any office under this act, whose duties are not herein specifically mentioned, and fix their compensation. They may also require bonds to be given to the city of Chicago by all officers, for the faithful performance of their duties. SEc. 16. The treasurer, collectors, marshal, street commissioners and school agent shall, severally, before they enter on the duties of their respective offices, execute a bond to the city of Chicago, in such sum and with such sureties as the common council shall approve, conditioned that they shall faithfully execute the duties of their offices, and account for and pay over all moneys and other property received by them; which bonds, with the approval of the common council certified thereon by the clerk, shall be filed with the clerk. SEc. 17. The common council, at their annual meeting on the second Tuesday in March, in each year, or within not to exceed thirty days thereafter, shall designate one public newspaper printed in said city, in which shall be published all ordinances and other proceedings and matters required in any case by this act, or by the by-laws and ordinances of the common council, to be published in a public newspaper. SEc. 18. If any person, having been an officer in said city, shall not, within ten days after notification and request, deliver to his successor in office all the property, papers and effects of every description in his possession belonging to said city, or appertaining to the office he held, he shall forfeit and pay, for the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver. And such successor shall and may recover possession of the books, etc., appertaining to his office, in the manner prescribed by the laws of this State. SEC. 19. All persons elected or appointed, under this act, to the office of clerk, marshal, attorney, treasurer, collector, assessor, surveyor, street commissioner or constable, shall be commissioned by warrant under the corporate seal, signed by the mayor or presiding officer of the common council, and clerk. CHAPTER IV. OF THE COMMON COUNCIL: ITS GENERAL POWERS AND DUTIES. SECTION 1. The mayor and aldermen shall constitute the common council of said city. The common council shall meet at such times and places as they shall by resolution direct. The mayor, when present, shall preside at all meetings of the common council, and shall have only a casting vote. In his absence, any one of the aldermen may be appointed to preside. A majority of the persons elected as aldermen shall constitute a quorum. SEC. 2. No member of the common council shall, during the period for which he was elected, receive any compensation for his services, or be appointed to, or be competent to hold, any office of which the emoluments are paid from the city treasury, or paid by fees directed to be paid by any act or ordinance of the common council, or be directly or indirectly interested in any contract, the expenses or consideration whereof' are to be paid under any ordinance of the common council. SEC. 3. The common council shall hold stated meetings, and the mayor or any two aldermen may call special meetings by notice to each of the members of said 566 [FF,B. 141 APPENDIX. 1851w CITY CHARTER. 567 council, served personally. or left at their usual place of abode. Petitions and remonstrances may be presented to the common council, and the council shall determine the rules of its own proceedings, and be the judge of the election and qualifications of its own members, and have power to compel the attendance of absent members. SEc. 4. The common council shall have the management and control of the finances, and all the property, real, personal and mixed, belonging to the corporation; and shall likewise have power within the jurisdiction of the city, by ordinance First. To lease the wharfing privileges of the river, at the ends of streets, ulpon such terms and conditions as may be usual in the leasing of other real estate, reserving such rents as may be agreed upon, and employing such remedies in case of nonperformance of any covenants in such lease, as are given by law in other cases. But no buildings shall be erected thereon: Provided, No lease for a longer period than three years shall at any time be executed, and the owner or owners of the adjoining lot or lots shall, inii all cases, have the preference in leasing such property; but a free passage over the same for all persons, with their baggage, shall be reserved in such lease: Provided, further, Nothing in this section shall be so construed as to impair or prejudice any rights which any person may have acquired by the acceptance of any proposition heretofore made by said city respecting the wharfing privileges. Second. To remove and prevent all obstructions in the waters which are public highways in said city, and to widen, straighten and deepen the same. Third. To prevent and punish forestalling and regrating, and to prevent and restrain every kind of fraudulent device and practice. Fourtlh. To restrain and prohibit all descriptions of gaming and fraudulent devices, and all playing of dice, cards and other games of chance, with or without betting. Fifth. To regulate the selling or giving away of any ardent spirits by any shopkeeper, trader or grocer, to be drunk in any shop, store or grocery, out-house, yard, garden or other place within the city, except by inn-keepers duly licensed. Sixth. To forbid the selling or giving away of ardent spirits or other intoxicating liquors, to any child, apprentice or servant, without the consent of his or her parent, guardian, master or mistress, or to any Indian. Seventh. To license. regulate and restrain tavern-keepers, grocers, and keepers of' ordinaries or victualing or other houses or places, for the selling or giving away wines and other liquors, whether ardent, vinous or fermented. Eighth. To license, tax, regulate, suppress and prohibit billiard tables, pin alleys, nine or ten pin alleys, and ball alleys.< Ninth. To license. regulate and suppress hackmen, draymen, carters, porters, omnibus drivers, cabmen. packers, carmen, and all others who may pursue like occupations with or without vehicles, and prescribe their compensation. Tenth. To tax, license and regulate auctioneers, distillers, brewers and pawnbrokers, and to impose duties upon the sale of goods at auction. Eleventh. To license, tax, regulate and suppress hawkers and pedlars. Twelfth. To regulate, license, suppress and prohibit all exhibitions of common showmen, shows of every kind, concerts or other musical entertainments, by itinerant persons or companies, exhibitions of natural or artificial curiosities, caravans, circusses, theatrical performances, and all other exhibitions and amusements. Thirteenth. To authorize the mayor, or other proper officer of the city, to grant and issue licenses, and direct the manner of issuing and registering thereof, and the fees to he paid therefor. No license shall be granted for more than one year: Provided, Not less than five nor more than five hundred dollars shall be required to be paid for any license under this act, and the fee for issuing the same shall not exceed one dollar;, but no license for the sale of wines or other liquors, ardent, vinous or fermented, at wholesale or retail, or by inn-keepers or others, as aforesaid, shall be less than fifty dollars. Bond shall be taken on the granting of license, for the due observance of the ordinances or regulations of the common council. Fourteenth. To prevent any riot or noise, disturbance or disorderly assemblage. Fifteenth. To suppress and restrain disorderly houses and groceries, houses of illfame, billiard tables, nine or ten pin alleys or tables, and ball alleys, and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming. Sixteenth. To compel the owner or occupant of any grocery, cellar, tallow chandler shop, soap factory, tannery, stable, barn, privy, sewer, or other unwholesome, nauseous house or place, to cleanse, remove or abate the same, from time to times as 1851.] 567 CITY CHARTER. 568 APPENDIX. [FEB.14, often as may be necessary for the health, comfort and convenience of the inhabitants of said city. Seventeenth. To direct the location and management of, and regulate breweries, tanneries and packing-houses, and to direct the location, management and construction of, and regulate, restrain. abate and prohibit, within the city, and the distance of four miles therefrom, distilleries, slaughtering establishments, establishments for steaming or rendering lard, tallow, offal, and such other substances as can or may be rendered; and all establishments or places where any nauseous, offensive or unwholesome business may be carried on: Provided, That for the purposes of this section, the Chicago river and its branches to their respective sources, and the land adjacent thereto, or within one hundred rods thereof, shall be deemed to be within the jurisdiction of the city. Eighteenth. To establish and regulate markets and other public buildings, and provide for their erection, determine their location, and authorize their erection in the streets or avenues of the city. Nineteenth. To regulate, and license or prohibit butchers, and to revoke their licenses for malconduct in the course of trade, and to regulate, license and restrain the sale of fresh meats and vegetables in the city, and restrain and punish the forestalling of poultry, fruit and eggs. Twentieth. To direct and prohibit the location and management of houses for the storing of gunpowder or other combustible and dangIerous materials within the city. Twenty-first. To regulate the keeping and conveying of gunpowder and other combustible and dangerous materials, and the use of candles and lights in barns, stables and out-houses. Twenty-second. To prevent horse-racing, immoderate riding or driving in the streets, and to authorize persons immoderately riding, or driving, as aforesaid, to be stopped by any person; and punish or prohibit the abuse of animals; to compel persons to fasten their horses, oxen or other animals attached to vehicles or otherwise, while standing or remaining in the street. Twenty-third. To prevent the encumbering of the streets, sidewalks, lanes, alleys, public grounds, wharves and docks, with carriages, carts, sleighs, sleds, wheelbarrows, boxes, lumber, timber, fire-wood, posts, awnings, signs, or any substance or material whatever. Twenty-fourth. To regulate and determine the times and places of bathing and swimming in the canals, rivers, harbors or other waters, in and adjoining said city, and to prevent any obscene or indecent exhibition, exposure or conduct. Twenty-fifth. To restrain and punish vagrants, mendicants, street-beggars and prostitutes. Twenty-sixth. To restrain and regulate, or prohibit the running at large of cattle, horses, swine, sheep, goats and geese; and to authorize the distraining, impounding and sale of the same for the penalty incurred, and the cost of the proceedings; and also to impose penalties on the owners of any such animals for a violation of any ordinances in relation thereto. Twenty-seventh. To prevent and regulate the running at large of dogs, and to authorize the destruction of the same, when at large contrary to the ordinance. Twenty-eighth. 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 ill the streets or on the sidewalks, or to frighten teams and horses. Twenty-ninth. To make regulations to prevent the introduction of contagious diseases into the city; to make quarantine laws, and enforce the same within the city, and not to exceed fifteen miles beyond the city bounds. Thirtieth. To have exclusive power over the streets and alleys, and to remove and abate any obstructions and encroachments therein. Thirty-first. To compel all persons to keep the snow, ice and dirt from the sidewalk, in firont of the premises owned or occupied by them. Thirty-second. To prevent the ringing of bells, blowing of horns and bugles, crying of goods, and all other noises, performances and devices tending to the collection of persons on the streets or sidewalks, by auctioneers or others, for the purposes of business, amusement or otherwise. Thirty-third. To abate and remove nuisances, and punish the authors thereof, by penalties., fine and imprisonment, and to define and declare what shall be deemed nuisances, and authorize and direct the summary abatement thereof. 568 [FEB. 147 APPENDIX. 1851.] OITY OIIARTEl?. 569 Thirty-fourth. To licet.se, regulate and restrain runners for boats and stages, cars and public houses. Thirty-fifth. To regulate thle burial of the dead, and registration of births and deaths; to direct the returning and keeping of bills of mortality, and to impose pen alties on physicians, sextons and others for any default in the premises. Thirty-sixth. To appoint watchmen and policemen, and prescribe their duties and powers. Thirty-seventh. To regulate the measuring and inspecting of lumber, shingles, tim ber, posts, staves and heading, and all building materials, and appoint one or more inspectors. Thirty-eighth. To regulate the place and manner of selling pickled and other fish, and inspecting the same. Thirty-ninth. To regulate the weighilng, and place and manner of selling hay. Fortieth. To regulate the measuring of wood and the weighing and selling of coal, and the place and manner of selling the same. Forty-first. To regulate the inspection of flour, meal, pork, beef and other provi sions, and salt to be sold in barrels, hogsheads and other packages. Foi'ty-second. To regulate thle inspection of whisky and other liquors, to be sold in barrels, hogsheads and other vessels. Forty-third. To appoint inspectors, weighers, gaugers, and regulate their duties and prescribe their fees. Forty-fourth. To create and regulate the police of said city. Forty-fi.fth. To establish, make and regulate public pumps, wells and cisterns, hy drants and reservoirs, and to prevent the unnecessary waste of water. Forty-sixth. To establish and regulate public pounds. Forty-seventh. To erect lamps, and regulate the lighting thereof, and from time to time to create, alter and extend lamp districts. Forty-eighth. To regulate and license ferries. Forty-ninth. To regulate and prohibit the use of locomotive engines within the city, and may require the cars to be used thereon, within the inhabited portions thereof, to be drawn or propelled by other power than that of steam; to direct and control the location of railroad tracks and depot grounds, and prohibit railroad companies from doing storage and warehouse business, or collecting pay for storage. Fiftieth. To erect and establish a bridewell or house of correction, pass all necessary ordinances for the regulation thereof, and appoint a keeper and as many assistants as may be necessary. In the saict bridewell or house of correction, shall be confined all vagrants, stragglers, idle or disorderly persons who may be committed thereto by the mayor, any alderman or other conservator of the peace; and all persons sentenced by any criminal court, or magistrate, in and for the city, for any assault and battery, petit larceny or other misdemeanor punishable by imprisonment in any county jail, shall be kept therein, subject to labor or solitary confinment. Fifty-first. To require every merchant, retailer, trader and dealer in merchandise or property of any description, which is sold by measure or weight, to cause their weights and measures to be sealed by the city sealer, and to be subject to his inspection; the standard of which weights and measures shall be conformable to those now established by law. Fitty-second. Exclusively to erect and construct, or to permit, or cause or procure to be erected and constructed, float or draw bridges over the navigable waters within the jurisdiction of said city, and keep the same in repair; said bridges to have draws of suitable width. Ffty-third. To preserve the harbor; to prevent any use of the same, or any act in relation thereto, inconsistent with, or detrimental to, the public health, or calculated to render the waters of the same, or any part thereof, impure or offensive, or tending in any degree to fill up or obstruct the same; to prevent and punish the casting or depositing therein any earth, ashes, or other substance, filth. logs or floating matter; to prevent and remove all obstructions therein, and to punish the authors thereof; to regulate and prescribe the mode and speed of entering and leaving the harbor, and of coming to and departing from the wharves and streets of the city, by steamboats, canal boats, and other crafts and vessels, and the disposition of the sails, yards, anchors and appurtenances thereof, while entering, leaving, or abiding in the harbor; and to regulate and prescribe by such ordinances, or through their harbor master or other authorized officer, such a location of every canal boat, steamboat, or other craft or vessel, or float, and such changes of station in, and use of, the 569 1851.] CITY CHARTER. 5'OAPNI.[E.4 harbor, as may be necessary to promote order therein, and the safety and equal convenience, as near as may be, of all such boats, vessels, crafts and floats; and may impose penalties not exceeding one hundred dollars, for any offense against any such ordinance; and by such ordinance charge such penalties, together with such expenses as may be incurred by the city in enforcing this section, upon the steamboat, canal boat or other vessel, craft or float. The harbor of the city shall include the piers and so much of lake Michigan as lies within the distance of one mile into the lake, and the Chicago river and its branches to their respective sources. Fifgty-fourth. To exclusively control, regulate, repair, amend and clear the streets and alleys, bridges, side and cross walks, and open, widen, straighten and vacate streets and alleys, and put drains and sewers therein, and prevent the encumbering of the streets in any manner, and protect the same from any encroachments and injury. Fifty-fifth. To direct and regulate the planting and preserving ornamental trees in the streets and public grounds. Fifty-sixth. To borrow money, not exceeding one hundred thousand dollars in any one year, and pledge the revenue of the city for its payment, and issue bonds therefor. Fifty-seventh. To fill up, drain, cleanse, alter, relay, repair and regulate any grounds, yards, basins, slips, cellars, private drains, sinks and privies, direct and regulate their construction, and cause the expenses to be assessed and collected in the same manner as sidewalk assessments. Fifty-eig7hth. To erect and establish one or more hospitals or dispensaries, and control and regulate the same. Fifty-ninth. To abate all nuisances which are or may be injurious to the public health, in any manner they may deem expedient. Sixtieth. To do all acts and make all regulations which may be necessary or expedient for the preservation of health and the suppression of disease. Sixty-first. To prevent any person from bringing, depositing or having within the limits of said city, any dead carcass, or any other unwholesome substance, and to require the removal or destruction by any person who shall have, place or cause to be placed upon or near his premises, any such substance, or any putrid or unsound beef, pork or fish, hides or skins of any kind, and, on his default, to authorize the removal or destruction thereof by some officer of said city. Sixty-second. To authorize the taking up, and provide for the safe-keeping and education, for such periods of time as may be deemed expedient, of all children who are destitute of proper parental care, wandering about the streets, committing mischief, and growing up in mendicancy, ignorance, idleness and vice. Sixty-third. The common council shall have power to make, publish, ordain, amend and repeal all such ordinances, by-laws and police regulations, not contrary to the constitution of this State, for the good government and order of the city and the trade and commerce thereof, as may be necessary or expedient to carry into effect the powers vested in the common council, or any officer of said city, by this act; and enforce observance of all rules, ordinances, by-laws, and police and other regulations, made in pursuance of this act, by penalties not exceeding one hundred dollars for any offense against the same. The common council may also enforce such rules, ordinances, by-laws, and police and other regulations, as aforesaid, by punishment of fine or imprisonment, or both, in the county jail, bridewell or house of correction, in the discretion of the magistrate or court before which conviction may be had: Provided, Such fine shall not exceed five hundred dollars, nor the imprisonment six months. CHAPTER V. OF TAXATION. SECTION 1. The common council shall have power, within the city, by ordinance First. To annually levy and collect taxes, not exceeding three and one-half mills on the dollar, on the assessed value of all real and personal estate in the city, made taxable by the laws of this State, to defray the contingent and other expenses of the city, not herein otherwise especially provided for; which taxes shall constitute the general fund. Second. To annually levy and collect a school tax, not exceeding two mills on the dollar, on all real and personal estate, to meet the expenses of purchasing grounds for school-houses, and building and repairing school-houses, and supporting and maintaining schools. 570 .[FEB. 14 7 APPENDIX. 1851.] OITY ()HARTER. 51 Third. To levy and collect a tax, not exceeding one-half mill on the dollar per annum, on real and personal estate, to meet the interest accruing on the bonded debt of the city. SEc. 2. To levy and collect taxes on real and personal estate, when required First. For the erection of a barrier to protect the city from the lake. Second. For the erection of a city hall, markets, hospital, bridewell or workhouse, the purchase of market grounds, public squares or parks, or any other permanent improvements: Provided, The estimated cost of a city hall or bridewell may be apportioned by the common council, and collected by a series of annual assessments: Provided further, That the cost of market grounds, markets, public squares or parks, and the lake barrier, or any other improvement, shall be levied upon all the property in the natural division of the city in which such markets, squares or barrier may be located. except such part of the cost as the common council may cause to be specially assessed upon real estate in such division immediately benefited by such improvements, in the manner herein prescribed for the assessment of like improvements in chapter seven: Provided, That no tax or taxes shall be levied in any one year, under this section, which shall exceed two per cent. upon the value of the property assessed, for either or all of the purposes herein specified: Provided further, That no local improvement under this section shall be ordered in any division, unless a majority of the' aldermen thereof shall vote in favor of the same. Provided further, The common council may negotiate a loan for the purpose of building a market house in any division, and apply the revenues therefrom towards paying the interest on such loan, and liquidating the principal. But should the net revenues from such market be insufficient to pay such interest and principal, when they shall respectively become due, the common council shall levy and collect a tax upon the real and personal property in the division in which such market may be located, to make up the deficiency of such interest or principal, or both. SEc. 3. To levy and collect, on the real and personal estate in such districts as they shall from time to time create. a sufficient tax to defray three- fourths of the expense of erecting lamps, and lighting the streets in such district or districts respectively: Provided, The money thus raised shall be exclusively expended for such purposes in the district paying the same. SEC. 4. To require (and it is hereby made the duty of) every male resident of the city, over the age of twenty-one years, and under the age of sixty years, to labor three days in each year upon the streets and alleys; but every person may, at his option, pay at the rate of fifty cents for every day he shall be so bound to labor: Provided, The same shall be paid on or before the first of the three days upon which he may be notified to labor by the street commissioner. In default of payment, as aforesaid, the sum of three dollars may be collected, and no off-set shall be allowed in any suit brought to recover the same. Street taxes shall be expended in the several wards where the persons paying the same may respectively reside. SEc. 5. The common council shall, hereafter, in all expenditures for purposes strictly local, expend annually in the several natural divisions of the city, such proportion of the whole expenditures for like purposes, during the same period, as will correspond to the several sums contributed respectively by each division to the general fund. Src. 6. If it shall appear, at the close of any municipal year, that a greater sum has been expended, for purposes strictly local, in any division or divisions, than its or their relative proportion, it shall be the duty of the common council, the ensuing year, to increase the general tax in such division or divisions respectively, by the amount of such excess, in such proportions thereof as each may be justly chargeable therewith. They shall, at the same time, abate such excess from the assessment in the other division or divisions respectively, in like proportions. For the purposes of this section, it may be lawful for the common council to levy a tax in any division, for general purposes, not exceeding four-tenths of one per cent. per annum. SEC. 7. All improvements on any school or canal lands or lots, and all improvements on the wharfing privileges in said city, together with the interest of the lessees or occupants in the premises, whether by lease, covenant or deed, shall be subject to taxation, as real estate. And the personal property of the owner of such improvements, shall be liable for such taxes, and upon a failure to pay the same, the collector may levy upon and sell the goods and chattels of such occupant, or lessee, for the payment thereof and costs. And in case such lessee or occupant shall have no personal estate, or neglect to pay the taxes, the interest of such lessee or occupant in 1851.] 511 CITY CHARTER. i 52 APPENDIX. LFEB. 14, such premises, together with the improvements, may be sold as real estate: Provided, The purchaser shall acquire no greater rights in the land than the tenant or occupant thereof had, but shall take the same, subject to all the covenants and agreements in relation thereto. CHAPTER VI. ASSESSMENTS FOR OPENING STREETS AND ALLEYS. SECTION 1. The common council shall have power to lay out public squares or grounds, streets, allevs, lanes and highways, and to make wharves and slips at the ends of streets, and alter, widen, contract, straighten and discontinue the same. They shall cause all streets, alleys, lanes, highways, wharves, slips, or public squares or grounds, laid out by them, to be surveyed, described and recorded in a book to be kept by the clerk, showing particularly the proposed improvements, and the real estate required to be taken; and the same, when opened and made, shall be public highways. SEC. 2. Whenever any street, alley, lane, highway, wharf, slip, or public square or ground, is laid out. altered, widened or straightened, by virtue hereof, the common council shall give notice of their intention to appropriate and take the land necessary for the same, to the owner'or owners thereof, by publishing said notice for ten days in the corporation newspaper; at the expiration of which time, they shall choose, by ballot, three disinterested freeholders, residing in said city, as commissioners to ascertain and assess the damages and recompense due the owners of such lands, respectively, and at the same time to determine what persons will be benefited by such improvement, and assess the damages and expenses thereof, on the real estate of persons benefited, in proportion, as nearly as may be, to the benefits resulting to each. A majority of all the aldermen authorized by law to be elected, shall be necessary to the choice of such commissioners. SEC. 3. The commissioners shall be sworn, faithfully to execute their duties according to the best of their ability. Before entering on their duties, they shall give notice to the persons interested, of the time and place of their meeting, for the purpose of viewing the premises and making their assessment, at least ten days before the time of such meeting, by publishing thl)e same in the corporation newspaper. They shall view the premises, and, in their discretion, receive any legal evidence, and may, if necessary. adjourn from day to day. SEC. 4. If there should be any building standing, in whole or in part, upon the land to be taken, the commissioners, before proceeding to make their assessment, shall first estimate and determine the whole value of such building to the owner, aside from the value of the land, and the injury to him in hiaving such building taken from him, and secondly the value of such building to him to remove. SEC. 5. At least five days personal notice shall be given to the owner, of such determination, when known, and a resident of the city. or left at his usual place of abode. If not known, or a non-resident, notice to all persons interested shall be given, by publication for ten days in the corporation newspaper; such notice shall be signed by the commissioners, and specify the building and the award of the commissioners. It shall also require parties interested to appear, by a day to be named therein, or give notice of their election, to the common council, either to accept the award of the commissioners, and allow such building to l)e taken, with the land condemned or appropriated, or of their intention to remove such building, at the value set thereon by the commissioners to remove. If the owner shall agree to remove the building, he shall have such timefor this purpose as the common council may allow. SEC. 6. If the owner refuse to take the huilding at the value to remove, or fail to give notice of his election, as aforesaid, within the time prescribed, the common council shall have power to direct the sale of such building, at public auction, for cash, giving five days public notice of the sale. The proceeds of the sale shall be paid to the owner, or deposited to his use. SEC. V. The commissioners shall thereupon proceed to make their assessment. and determine and appraise, to the owner or owners, the value of the real estate appropriated for the improvement, and the injury arising to them, respectively, from the condemnation thereof, which shall be awarded to such owners respectively, as damages, after making due allowance therefrom for any benefit which such owners may respectively derive from such improvement. In the estimate of damage to the land, the commissioners shall include the value of the building, (if the property of the owner of such land,) as estimated by them, as aforesaid, less the proceeds of the sale 572 [FEB. 14, APPENDIX. 1851.] CITY CHARTER. 53 thereof; or if taken by the owner at the value to remove, in that case they shall only include the difference between such value and the whole estimated value of such building. SEC. 8. If the damage to any person be greater than the benefit received, or if the benefit be greater than the damage, in either case the commissioners shall strike a bal ance, and carry the difference forward to another column, so that the assessment may show what amount is to be received or paid by such owners, respectively, and the difference only shall in any case be collectable of them, or paid to them. SEC. 9. If the lands and buildings belong to different persons, or if the land be subject to lease or mortgage, the injury done to such persons, respectively, may be awarded to them, by the commissioners, less the benefits resulting to them, respect ively, from the improvement. SEc. 10. Having ascertained the damages and expenses of such improvement, as aforesaid, the commissioners shall thereupon apportion and assess the same, together with costs of the proceedings, upon the real estate by them deemed benefited, in pro portion to the benefits resulting thereto fromn the improvements, as nearly as may be, and shall describe the real estate upon which their assessments may be made. When completed, the commissioners shall sign and return the same to the common council, within forty days of their appointment. SEC. 11. The clerk shall give ten days notice, in the corporation paper, that such assessment has been returned, and, on a day to be specified thlerein, will be confirmed by the common council, unless objections to the same are made by some person inter ested. Objections may be heard before the common council, and the hearing may be adjourned from day to day. The council shall have power, in their discretion, to confirm or annul the assessment, or refer the same back to the commissioners. If annulled, all the proceedings shall be void. If confirmed, an order of confirmation shall be entered, directing a warrant to issue for the collection thereof. If referred back to the same or other commissioners, they shall proceed to make their assessments and return the same, in like manner, and give like notices, as herein required, in relation to the first; and all parties in interest shall have the like notices and rights, and the common council shall perform like duties and have like powers in relation to any subsequent determination, as are herein given in relation to the first. SEC. 12. The common council shall have power to remove commissioners, and, from time to time, appoint others in the place of such as may be removed, refuse, neglect, or be unable, from any cause, to serve. SEC. 13. Nothing herein contained shall authorize the common council to discontinue or contract any street or highway, or any part thereof, except for the purpose of widening and improving the river, and making basins and slips, without the consent, in writing, of all persons owning land adjoining said street or highway. SEC. 14. The land required to be taken for the making, opening or widening any street, alley, lane or other highway, shall not be appropriated until the damages awarded therefor, to any owner thereof, under this act, shall be paid or tendered to such owner or his agent, or, in case the said owner or his agent cannot be found in said city, deposited to his or their credit in some safe place of deposit other than the hands of the treasurer, and then, not before, such lands may be taken and appropriated for the purpose required in making such improvements, and such streets, alleys, lanes, highways, wharves and slips, may be made and opened. SEC. 15. Where the whole of any lot or parcel of land or other premises under lease or other contract, shall be taken for any of the purposes aforesaid by virtue of this act, all the covenants, contracts and engagements between landlords and tenants, or any other contracting parties, touching the same or any part thereof, shall, upon confirmation of such report, respectively cease and be absolutely discharged. SEC. 16. Where part only of any lot or parcel of land or other premises so under lease or other contract, shall be taken for any of the purposes aforesaid, by virtue of this act, all the covenants, contracts, agreements and engagements respecting the same, upon the confirmation of such report, shall be absolutely discharged, as to the part thereof so taken, but shall remain valid as to the residue thereof, and the rents, considerations and payments reserved, payable and to be paid for or in respect to the same, shall be so proportioned as that the part thereof justly and equitably payable, for such residue thereof, and no more, shall be paid or recoverable for, in any respect, -of the same. SEC. 17. Any person interested may appeal from any final order of the common council, for opening or widening any street, alley, public ground or highway, to any 1851.] 573 CITY CHARTER. 5)74 APPENDIX. [FEB.14, court of record in Cook county, by notice in writing to the mayor or clerk, at any time before the expiration of thirty days after the passage of such final order. In case of appeal, the common council shall make a return within thirty days after notice thereof, and the court shall, at the next term after return filed in the office of the clerk thereof, hear and determine such appeal, and confirm or annul the proceedings; from which judgment, no appeal or writ of error shall lie. Upon the trial of the appeal, all questions involved in said proceedings, including the amount of damages, shall be open to investigation by affidavit or oral testimony, addressed to the court, and the burden of proof shall, in all cases, be upon the city, to show that the proceedings are in conformity with this act. SEC. 18. The common council may, by ordinance, make any changes they may deem advisable, in the proceedings herein prescribed for ascertaining the damages and injury occasioned to any person or real estate by reason of the condemnation of any real estate upon which any buildings may be situate, in whole or in part, and the assessment of such damage and injury upon persons or real estate benefited by the improvement; and in such other respects as experience may suggest. SEC. 19. In all cases where there is no agreement to the contrary, the owner or landlord, and not the occupant or tenant, shall be deemed the person who ought to bear and pay every assessment made for the expense of any public improvement. Where any such assessment shall be made upon or paid by any person, when by agreement or by law the same ought to be borne or paid by any other person, it shall be lawful for one so paying, to sue for and recover of the person bound to pay the same, the amount so paid, with interest. Nothing herein contained shall impair, or in any way affect, any agreement between any landlord and tenant, or other persons, respecting the payment of such assessments. CHAPTER VII. ASSESSMENTS FOR PUBLIC IMPROVEMENTS. SECTION 1. The common council shall have power, from time to time First. To cause any street, alley or highway to be graded, leveled, paved, macadamized or planked, and keep tie same in repair. Second. To cause cross and sidewalks, main drains and sewers, private drains. and aqueducts, to be constructed and laid, relaid, cleansed and repaired, and regulate the same. Third. To cause or authorize a tunnel, or tunnels, to be constructed under the Chicago river and its branches, at the intersection of any street. Fourthth. To grade, improve, protect and ornament any public square, now or hereafter laid out. SEC. 2. The expenses of any improvement mentioned in the foregoing section, (except sidewalks and private drains,) shall be assessed upon the real estate in any natural division benefited thereby, with the costs of the proceedings therein, in proportion, as nearly as may be, to the benefits resulting thereto: Provided, Such assessment shall not exceed three per cent. per annum on the property assessed. SEC. 3. The amount to be assessed for any such improvement, (except sidewalks and private drains,) shall be determined by the common council; and they shall, by ballot, appoint, by a majority of all the aldermen authorized by law to be elected, three reputable freeholders of the city to make such assessment. The commissioners shall be sworn, faithfully and impartially to execute their duty to the best of their ability. SEC. 4. Before entering on their duties, the commissioners shall give six days notice in the corporation newspaper, of the time and place of meeting, to all persons interested, and they may, if necessary, adjourn from day to day. The commissioners shall assess the amount directed by the common council to be assessed, on the real estate by them deemed benefited by any such improvement, in proportion to the benefit resulting thereto, as nearly as may be, and briefly describe in the assessment roll to be made by them, the real estate in respect to which any assessment is made, and the value thereof. SEC. 5. If the commissioners shall be of opinion that any owner of land s.ituate upon any street, alley or other highway, graded or leveled under this section, will sustain damages over and above the benefits which may accrue to the owner of such land, by the improvement, they may assess such an amount as they may deem a reasonable recompense to such owner, upon the real estate benefited in the manner afore 574 [FEB. 141 APPENDIX. 1851.] OITY CHARTER. 5~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~5~~~~ said; and such sum shall be added to their assessment roll, and the amount certified to the council, at the time of filing the roll. SEC. 6. When the commissioners shall have completed their assessment, and made a corrected copy thereof, they shall deliver the same to the city clerk, within forty days after their appointment, signed by all the commissioners. The clerk shall thereupon cause a notice to be published in the corporation newspaper for six days, to all persons interested, of the completion of the assessment, and the filing of the roll. Time and place shall be designated therein for hearing objections. SEC. 7. Any person interested may appeal to the common council for the correction of the assessment. Appeals shall be in writing, and filed in the clerk's office, within ten days after the first publication of said notice. The council may adjourn such hearing, from day to day, and shall have power, in case of appeal or otherwise, in their discretion, to revise and correct the assessment, and confirm or annul the same, and direct a new assessment to be made, in the manner herein before directed, by the same commissioners, or by three others, which shall be final and conclusive on all parties interested, if confirmed When confirmed, the assessment shall be collected as in other cases, and no appeal or writ of error shall lie in any case from such order and determination. If any assessment be set aside by order of any court, the common council may cause a new one to be made in like manner, for the same purpose, for the collection of the amount so assessed. SEc. 8. If any vacancy happen in the office of commissioners, at any time, by reason of removal, failure or refusal, or inability, from sickness or other cause, to serve, the common councilsmay fill such vacancy. SEc. 9. If the first assessment prove insufficient, another may be made in the same manner; or, if too large a sum shall at any time be raised, the excess shall be refunded, rateably, to those by whom it was paid. SEC. 10. All owners or- occupants, in front of or upon whose premises the common council shall order and direct sidewalks, or private drains, communicating with any main drain, to be constructed, repaired, relaid or cleansed, shall make, repair, relay or clease such sidewalks or private drains at their own cost and charges, in the manner and within the time prescribed by ordinance or otherwise, and if not done in the manner and within the time prescribed, the council may cause the same to be constructed, repaired, relaid or cleansed, and assess the expenses thereof, by an order to be entered in their proceedings, upon such lots, respectively, and collect the same, by warrant and sale of the premises, as in other cases. A suit may also be maintained against the owner or occupant of such premises, for recovery of such expenses, as for money paid and laid out to his bse at his request. SEC. 11. In all cases where expenses may be incurred in the removal of any nuisance, the common council may cause the same to be assessed against the real estate chargeable therewith, in the manner prescribed in the foregoing section. Such expenses shall be likewise collectable of the owner or occupant of such premises, in a suit for money expended to his or their use. In case the same should not be chargeable to any real estate, suit may, in like manner, be brought for such expenses, against the author of such nuisance, when known, or any person whose duty it may be to remove or abate the same. SEc. 12. Commissioners appointed under this act may be sworn into office by the city clerk. They shall be allowed two dollars per day, each, for actual services, which, together with all other expenses in relation to any assessment made in pursuance of this act, shall be deemed part of the expenses of the improvement, and included therein. The city attorney shall prepare such papers and make such examinations as they may request. SEc. 13. When any known owner residing in said city, or elsewhere, shall be an infant, and any proceedings shall be had under this act, the circuit court of the county of Cook, the judge thereof, the municipal court of said city, or any judge of the supreme court, or judge of probate of said county, may, upon the application of the common council, or such infant, or his next friend, appoint a guardian for such infant, taking security from such guardian for the faithful execution of such trust, and all notices and summons, required by this act, shall be served on such guardian. 1851.] .575 CITY CHARTER. APPENDIX. CHAPTER VIII. COLLECTION OF TAXES AND ASSESSMENTS. [FEB. 14, SECTION 1. The common council shall have power, by ordinance, to prescribe the form of assessment rolls, and prescribe the duties and define the powers of assessors. They may also make such rules and give such directions in relation to revising, altering or adding to the rolls, as they may deem proper and expedient. SEC. 2. The annual assessment rolls shall be returned by the assessors on or before the first Monday of August, in each year; but the time may be extended by order of the common council. On the return thereof, the common council shall fix a day for hearing objections thereto, and the clerk shall give notice of the time and place of such hearing; and any person feeling aggrieved by the assessment of his property, may appear at the time specified, and make his objections. The common council shall have power to supply omissions in said assessment roll, and for the purpose of equalizing the same, to alter, add to, take from, and otherwise correct and revise the same, or to refer the same back to the assessors, with instructions to revise and correct the same: Provided, The common council shall not have power to increase the aggregate amount of said roll, except by the value of such property, real or personal, as may have been omitted by the assessors. SEC. 3. When the assessment rolls shall have been corrected and revised, the same shall be filed, and an order confirming the same, and directing the warrant to be issued for the collection thereof, shall be entered by the clerk. The common council shall thereupon, by an ordinance or resolution, levy such sum or sums of money, as may be sufficient for the several purposes for which taxes are herein authorized to be levied, (not exceeding the authorized per centage), particularly specifying the purpose for which the same are levied, and if not for general purposes, the division of the city upon which the same are laid. SEc. 4. All taxes and assessments, general or special, levied or assessed by the common council under this act, shall be a lien upon the real estate upon which the same may be imposed, voted or assessed, for two years from and after the corrected assessment roll shall have been confirmed, and on personal estate from and after the delivery of the warrant for the collection thereof, until paid, and no sale or transfer shall affect the lien. Any personal property belonging to the debtor, may be taken and sold for the payment of taxes on real or personal estate: Provided, That in case the collection of any assessment shall be delayed by injunction or other judicial proceedings, the same shall continue a lied (unless set aside) upon such real estate, for the period of two years from and after the final disposition of such injunction or other judicial proceedings. SEC. 5. The clerk shall issue a warrant or warrants for the taxes, and rule therein separate columns, in which the taxes levied shall be respectively set down opposite the name of the person or real estate subject thereto; each column shall be headed with the name of the tax therein set down. SEC. 6. All warrants issued for the collection of general or special taxes and assessments, shall be signed by the mayor and clerk, with the corporate seal thereto attached, and shall contain true and perfect copies of the corrected assessment rolls upon which the same may be respectively issued. They shall be delivered to the collector or collectors of the city for collection within six weeks after the filing of the corrected rolls, unless further time shall be given for this purpose by the common council. If not otherwise paid, the collector shall have power to collect said taxes, with interest and cost, by suit in the corporate name, or by distress and sale of personal property, as aforesaid, after a demand and refusal to pay the same. The assessor' s roll shall in all cases be evidence on the part of the corporation: Provided, A notice published by the collector for ten days in the corporation paper, shall be deemed a demand, and a neglect to pay taxes for twenty days thereafter, shall be deemed a refusal. SEC. 7. All taxes and assessments, general or special, shall be collected by the collector or collectors, in the same manner and with the same power and authority as are given by law to collectors of county and State taxes. He shall pay the same, as fast as collected, into the city treasury; and his duty in regard to returning warrants, and settling with the city, and his liabilities in case of default or misconduct, shall be the same as prescribed by law: Provided, The common council shall have power to prescribe the powers, duties and liabilities of collectors, by ordinance. SEC. 8. In case of the non-payment of any taxes or assessments levied or assessed 576 1851.] CITY CHARTER. 577 under this act, the premises may be sold for the payment thereof, at any time within two years after the confirmation of the assessment by the common council. Before any such sale, an order shall be made by the common council, which shall be entered at large in the records kept by the clerk, directing the collector to sell, particularly describing the delinquent premises to be sold, and the assessment for which the sale shall be made; a certified copy of which order, under the corporate seal, signed by the mayor or presiding officer, and clerk, shall be delivered to the collector, which, together with the warrant, shall constitute the process upon which such sale may be made. SEc. 9. The collector shall then advertise such premises in the corporation paper, for sale, for the period of thirty days from and after the first publication of such notice, describing the same by figures or otherwise, with the name of the owner when known, and the several amounts of the taxes or assessments thereon, and costs. Said notice shall also contain the time and place of sale, and shall be published at least four times. The proceedings may be stopped at any time on the payment of the taxes or assessments and interest, with expense of advertising. SEC. 10. All sales shall be conducted in the manner required by law, but the common council shall have power to prescribe the manner of conducting the same. The sale shall be made for the smallest portion of ground (to be taken from the east side of the premises) for which any person will take the same and pay the taxes or assessments thereon, with interest and costs of sale. Duplicate certificates of sale shall be made and subscribed by the collector, one of which shall be delivered to the purchaser, and the other filed in the office of the clerk; which certificate shall contain the name of the purchaser, a description of the premises sold, the amount of tax or assessment, with the interest and expenses for which the same was sold, and the time when the right to redeem will expire. The collector shall be entitled to the same fees for selling as are allowed by law for similar services. The clerk shall keep a record of such sales, which shall be open to public inspection at all reasonable times. SEC. 11. The right of redemption in all cases of sales for taxes or assessments, shall exist to the owner, his heirs, creditors or assigns, to the same extent as is allowed by law in the case of sales of real estate for taxes, on the payment, in specie, of double the amount for which the same was sold, and all taxes accruing subsequent to the sale, with interest. If the real estate of any infant, feme covert, or lunatic, be sold under this act, the same may be redeemed at any time within one year after such disability be removed. In case of redemption, the money may be paid to the purchaser, or for him to the city clerk, who shall make a special deposit thereof with the treasurer, taking his receipt therefor. If not redeemed according to law, the common council shall, upon the return of the certificate, or proof of its loss, direct a deed to be executed to the purchaser, under the corporate seal, signed by the mayor or presiding officer of the council, and countersigned by the clerk, conveying to such purchaser the premises so sold and unredeemed as aforesaid. An abstract of all deeds so made and delivered shall be entered by the clerk in the book where tax sales are recorded. A fee of one dollar may be charged by the clerk for every deed so issued. SEC. 12. The assignee of any tax certificate, of any premises sold for taxes or assessments under authority of said city, shall be entitled to receive a deed of such premises, in his own name, and with the same effect as though he had been the original purchaser. SEC. 13. If, at any sale of real or personal estate for taxes or assessments, no bid shall be made for any parcel of land, or any goods and chattels, the same shall be struck off to the city; and thereupon the city shall receive, in the corporate name, a certificate of the sale thereof, and shall be vested with the same rights as other purchasers at such sales. Sac. 14. All deeds made to purchasers, of lots sold for taxes or assessments, by order of the council, shall be prima facie evidence, in all controversies and suits, in relation to the right of the purchaser, his or her heirs or assigns, to the premises thereby conveyed, of the following facts: First. That the land or lot conveyed was subject to taxation or assessment at the time the same was advertised for sale, and had been listed or assessed in the time and manner required by law. Second. That the taxes or assessments were not paid at any time before the sale. Third. That the land conveyed had not been redeemed from the sale at the date of the deed. And shall be conclusive evidence of the following facts: 37 18,51.] 577 CITY CHARTER. 5- P~DX.[E.4 First. That the land or lot was advertised for sale in the manner and for the length of time required by law. Second. That the land was sold for taxes or assessments as stated in the deed. Third. That the grantee in the deed was the purchaser. Fourth. That the sale was conducted in the manner required by law. And in all controversies and suits involving the title to land claimed and held under and by virtue of such deed, the person or persons claiming title adverse to the title conveyed by such deed, shall be required to prove, in order to defeat the said title, either that the land was not subject to taxation at the date of the sale; that the taxes or assessments had been paid; that the land had never been listed and assessed for taxation or assessment, or that the same had been redeemed according to the provisions of this act; and that such redemption was made for the use and benefit of the persons having the right of redemption under the laws of this State; but no person shall be permitted to question the title acquired by the said deed, without first showing that he, she or they, or the person under whom he, she or they claim title, had title to the land at the time of the sale, or that the title was obtained from the United States, or this State, after the sale, and that all taxes due upon the lands have been paid by such persons, or the person under whom he claims title as aforesaid. CHAPTER IX. FIRE DEPARTMENT. SECTION 1. The common council, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected, or placed, or repaired, without the permission of the common council, and to direct that all and any buildings, within the limits prescribed, shall be made or constructed of fire-proof materials, and to prohibit the repairing or rebuilding of wooden buildings within the fire limits, when the same shall have been damaged to the extent of fifty per cent. of the value thereof, and to prescribe the manner of ascertaining such damage. SEc. 2. The common council shall also have power First. To regulate the construction of chimneys so as to admit chimney sweeps, and to compel the sweeping and cleaning of chimneys. Second. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stove pipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed, or placed in a safe or secure condition, when considered dangerous. Third. To prevent the deposit of ashes in unsafe places, and to appoint one or more officers to enter into all buildings and inclosures, to discover whether the same are in a dangerous state, and to cause such as may be dangerous to be put in safe condition. Fourth. To require the inhabitants to provide as many fre buckets, and in such manner and time as they shall prescribe, and to regulate the use of them in times of fire. Fifth. To regulate and prevent the carrying on of manufactories dangerous in causing or promoting fire. Sigh. To regulate and prevent the use of fire-works and fire-arms. Seventh. To compel the owners or occupants of houses or other buildings, to have Scuttles in the roofs, and stairs or ladders leading to the same. Eighth. To authorize the mayor, aldermen, fire-wardens, or other officers of said city, to keep away from the vicinity of any fire, all idle and suspicious persons, and to compel all officers of said city, and other persons, to aid in the extinguishment of fires, and in the preservation of property exposed to danger thereat. NintA. And generally, to establish such regulations for the prevention and extinguishment of fires as the common council may deem expedient. SEc. 3. The common council shall procure fire engines and other apparatus used for the extinguishment of fires, and have the charge and control of the same, and provide fit and secure engine houses and other places for keeping and preserving the same; and shall have power First. To organize fire, hook, hose, bag, ladder and ax companies. Second. To appoint, during their pleasure, a competent number of able and reputable inhabitants of said city, firemen, to take the care and management of the engines, and other apparatus and implements used and provided for the extinguishment of fires. Third. To prescribe the duties of firemen, and to make rules and regulations for 578 [FF,B., 14, APPENDIX. 1851.] OITY OJIARTEB. 579 their government, and to impose reasonable fines and forfeitures upon them for a violation of the same; and, for incapacity, neglect of duty or misconduct, to remove them. SEC. 4. The chief and assistant engineers of the fire department, with the other firemen, shall take the care and management of the engines, and other apparatus and implements used and provided for the extinguishment of fires, and their duties and powers shall be defined by the common council. SEC. 5. The members of the common council and firemen shall, during their term of service as such, be exempt from serving on juries in all courts of this State, and in the militia, and shall likewise be exempt from working out any road or street tax. The name of each fireman shall be registered with the clerk of the city, and the evidence to entitle him to the exemption provided in this section, shall be the certificate of the clerk, made within the year in which the exemption is claimed. SEc. 6. Every fireman, who shall have faithfully served as such, in said city, for the term of ten years, shall be thereafter exempt from serving on juries in all courts in this State, or in the militia, except in case of war,invasion or insurrection; and the evidence to entitle such person to such exemption, shall be a diploma under the corporate seal, signed by the mayor and clerk.., CHAPTER X. BOARD OF HEALTH. SECTI ON 1. The board of health shall consist of three or more commissioners, to be appointed annually by the common council; and the mayor or presiding officer of the common council shall be president of said board, and the city clerk shall be clerk thereof, and keep minutes of its proceedings. SEC. 2. It shall be the duty of health officers to visit every sick person who may be reported to the board of health, as hereinfter provided. and to report with all convenient speed, their opinion of the sickness of such person, to the clerk of the said board of health; and to visit and inspect, at the request of the president of said board, all boats or vessels coming or lying and being within the harbor of the city, which are suspected of having on board any pestilential or infectious disease, and all stores and buildings which are suspected to contain unsound provisions or damaged hides, or other articles, and to make report of the state of the same with all conven ient-speed to the clerk of the board ofhealth. SEC. 3. All persons in said city, not resident thereof, who shall be infected with any pestilential or infectious disease, and all things which in the opinion of said board shall be infected by or tainted with pestilential matter, and ought to be removed so as not to endanger the health of the city, shall, by order of said board, be removed to some proper place, not exceeding fifteen miles beyond the city bounds, to be provided by the board, at the expense of the person who may be removed, if able; and the board may order any furniture or wearing apparel to be destroyed, whenever they may judge it necessary for the health of the city, by making just compensation. SEc. 4. In case any boat or vessel shall come or be within the harbor or jurisdiction of the city, and the said board of health shall believe that such boat or vessel is dangerous to the inhabitants of said city, in consequence of her bringing and spread ing any pestilential or infectious disease among said inhabitants, or have just cause to suspect or believe that if said boat or vessel is suffered to remain within the harbor or jurisdiction aforesaid, it will be the cause of spreading among the said inhabitants any pestilential or infectious disease, it shall and may be lawful for the said board, by an order in writing, signed by the president for the time being, to order such boat or vessel to be forthwith removed to any distance, not exceeding fifteen miles beyoud the bounds of said city, after the delivery of such order to the owner or consignee of said boat or vessel, to quarantine, under such regulations and for such time as the council or the board of health may prescribe; and if the master, owner or consignee ,to whom such order shall be delivered, shall neglect or refuse to comply therewith, or if, after such removal, such master, owner or consignee shall neglect or refuse to, obey the regulations which may be prescribed, the said president may enforce such. removal or other regulations in such manner as the council may by ordinance direct;:: and such master, owner or consignee shall be considered guilty of a misdemeanor, and on conviction, shall be fined a sum not exceeding two hundred and fifty dollars, and imprisoned not exceeding six months in the jail of Cook county, or in the city 1851.] 579 CITY CHARTER. 580 AFFENDIX [FEB.14, bridewell or house of correction, by any court having cognizance thereof. The said fine shall be paid into the treasury. Szc. 5. The health officers may be authorized by the common council, when the public interests require, to exercise, for the time being, such of the powers and perform such of the duties of marshal, street commissioner and constable, as the common council may, in their discretion, direct, and shall be authorized to enter all houses and other places, private or public, and boats or other vessels, at all times, in the discharge of any duty under this act. SEC. 6. The common council shall have power to prescribe the powers and duties of the board of health, and to punish by fine or imprisonment, or both, any refusal or neglect to observe the orders and regulations of the board SEC. 7. Every person practicing physic in the city who shall have a patient laboring under any malignant or yellow fever, or other infectious or pestilential disease, shall forthwith make report thereof in writing to the clerk of said board; and for neglecting so to do, shall be considered guilty of a misdemeanor, and be liable to a fine of fifty dollars, to be sued for and recovered in any action of debt, in any court having cognizance thereof, with costs, for the use of said city. CHAPTER XI. SCHOOLS AND SCHOOL FUND. SECTIoN 1. The school lands and school fund of township thirty-nine north, range fourteen east of the third principal meridian, shall be and the same are hereby vested in the city of Chicago. The common council shall at all times have power to do all acts and things in relation to said school lands and school fund, which they may think proper to their safe preservation and efficient management; and sell or leasesaid lands, and all canal or other lots or lands, or other property, which may have been or may hereafter be donated to the school fund, on such terms and at such times as the common council shall deem most advantageous; and, on such sale or sales, lease or leasings, to make, execute and deliver all proper conveyances, which said conveyances shall be signed by the mayor and countersigned by the clerk, and sealed with the corporate seal: Provided. That the proceeds arising from such sales shall be added to and constitute a part of the school fund. SEc. 2. Nothing shall be done to impair the principal of said fund, or to appropriate the interest accruing from the sane to any other purpose than the payment of teachers in the public schools in said township; and any school established in said township, without the limits of said city, shall be entitled to the same benefits and advantages from said fund, as it would be without the passage of this act, except as to donations which may have been or may hereafter be made to the same. SEc. 3. The common council shall have power First. To erect, hire or purchase buildings suitable for school-houses, and keep the same in repair. &econd. To buy or lease sites for school-houses, with the necessary grounds. Third. To furnish schools with necessary fixtures, furniture and apparatus. Fourth. To establish, support and maintain schools, and supply the inadequacy of the school fund for the payment of city teachers, from school taxes. Fifth. To fix the amount of compensation to be allowed to teachers. Sixth. To prescribe the school books to be used, and the studies to be taught, in the different schools. Seventh. To lay off and divide the city into school districts, and, from time to time, alter the same, or create new ones, as circumstances may require. Eghth. To appoint seven inspectors, to be denominated " Board of School Inspectors;" also, three trustees of schools in each district. Ninth. To establish and prescribe the powers and duties of the board of school inspectors and school trustees. Tenth. And generally have and possess all the rights, powers and authority neces sary for the proper management of schools, and the school lands and funds belonging to the township, with power to enact such ordinances as may be necessary to carry their powers and duties into effect. SEC. 4. The school agent shall have the custody and management of the money, securities and property belonging to the school fund, subject to the direction of the common council. .So. 5. The school agent, before entering upon his duties, shall give bond in such 580 IFF,B., 14) APPENDIX. 181. OIYOATR 8 amount and with such conditions and sureties as the common council may require. His compensation shall be paid out of the school fund; and he shall be subject, for misconduct in office, to the same penalties and imprisonment as school commissioners are or may be subject to by law. SEC. 6. The school fund shall be kept loaned at interest at the rate of twelve per cent. per annum, payable semi-annually in advance. No loan shall be made hereafter for a longer period than ten years, and all loans, exceeding one hundred dollars, shall be secured by unincumbered real estate of double the value of the sum loaned, exclu sive of the value of perishable improvements thereon. For sums of one hundred dollars and less, two good sureties, besides the principal, shall be required: Provided, The common council shall have power to reduce the rate of interest by a vote of two thirds of all the aldermen elected. SEc. 7. All notes and securities shall be taken, to the city of Chicago, for the use of the inhabitants of said township for school purposes, and in that name all suits, actions and every description of legal proceedings may be had. SEc. 8. All expenses of preparing or recording securities shall be paid exclusively by the borrower. SEC. 9. In the payment of debts of deceased persons, those due the school fund shall be paid in preference to all others, except expenses attending the last illness and funeral of the deceased, not including the physician's bill. SEC. 10. If default be made in the payment of interest, or of the principal, when due, interest at the rate of fifteen per cent. upon the same, shall be charged from the default, and may be recovered by suit or otherwise. Suits may be brought for the recovery of interest only, when the principal is not due. SEC. 11. All judgments recovered for interest or principal, or both, shall respectively bear interest at twelve per cent. per annum, from the rendition of judgment until paid; and in case of the sale of real estate thereon, the city of Chicago may become the purchaser thereof for the use of the school fund, and shall be entitled to the same rights given by law to other purchasers On redemption, twelve per cent. interest shall be paid from the time of sale. SEc. 12. No costs made in the course of any judicial proceedings, in which the city of Chicago, for the use of the school fund, may be a party, shall be chargeable to the school fund. SEC. 13. If the security on any loan should, at any time before the same is due, become, in the united judgment of the school agent and common council, insecure, the agent shall notify the person indebted thereof; and unless further satisfactory security shall be forthwith given by the debtor, judgment may be recovered thereon as in other cases, although no condition to that effect be inserted in the note or other security. SEC. 14. The common council shall annually publish, on the second Tuesday in February, in the corporation newspaper of the city, the number of pupils instructed in the year preceding, the several branches of education pursued by them, and the receipts and expenditures of each school, specifying the sources of such receipts, and the objects of such expenditures. SEC. 15. The school tax shall be paid into the city treasury, and be kept a separate fund for the building of school-houses, and keeping the same in repair, and supporting and maintaining schools. CHAPTER XII. MISCELLANEOUS PROVISIONS. SECTION 1. The common council shall, at least ten days before the annual election, in each year, cause to be published in two newspapers in said city, a full and correct statement of the receipts and expenditures from the date of the last annual report, together with the sources from whence the former are derived, aid their mode of disbursement; and also a distinct statement of the whole amount assessed, received and expended in the respective wards and divisions for making and repairing roads, highways and bridges, for the same period, together with such other information as may be necessary to a full understanding of the financial concerns of the city. SEC. 2. Neither the mayor or common council shall remit any fine or penalty imposed upon any person for the violation of the laws or ordinances of said city, or release from imprisonment, unless two-thirds of all the aldermen authorized to be elected, shall vote for such release or remission; nor shall anything in this act be s8 1861.] 581 CITY CHARTER. 58'2 APPXNDIX. [FEB.15, construed as to oust any court of jurisdiction to abate and remove nuisances, in the streets, or any other parts of said city, or within its jurisdiction, by indictment or otherwise. SEc. 3. No vote of the common council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. SEC. 4. The cemetery lots which have or may hereafter be laid out and sold by said city for private places of burial, shall, with the appurtenances, forever be exempt from execution and attachment. SEc. 5. Every ordinance, regulation or by-law, imposing any penalty, fine, imprisonment or forfeiture for a violation of its provisions, shall, after the passage thereof, be published one week in the corporation newspaper; and proof of such publication by the affidavit of the printer or publisher of said newspaper, taken before any officer authorized to administer oaths, and filed with the city clerk, or any other competent proof of such publication, shall be conclusive evidence of the legal publication and promulgation of such ordinance or by-law in all courts and places. SEc. 6. All actions brought to recover any penalty or forfeiture incurred under this act, or the ordinances, by-laws or police regulations made in pursuance of it, shall be brought in the corporate name. It shall be lawful to declare, generally, in debt for such penalty or forfeiture, stating the clause of this act or the by-laws or ordinances under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it. SEc. 7. In all prosecutions for any violation of any ordinance, by-law, police or other regulation, the first process shall be a summons, unless oath or affirmation be made for a warrant, as in other cases. SEC. 8. The common council shall have power to designate two or more justices of the peace in said city, who shall have jurisdiction in any actions for the recovery of any fine or penalty, under this act, or any ordinance, by-law or police regulation of the city council, anything in the laws of this State to the contrary notwithstanding; such justices shall have power to fine or imprison, or both, in their discretion, where discretion may be vested in them by the ordinance or regulation, or by this act. The mayor may hold a police court. SEC. 9. Execution may be issued immediately on the rendition of judgment. If the defendant, in any such action, have no goods or chattels, lands or tenements, whereof the judgment can be collected, the execution shall require the defendant to be imprisoned in close custody in the jaia of Cook county, or bridewell, or house of correction, for a term not exceeding six months, in the discretion of the magistrate or court rendering judgment; and all persons who may be committed under this section, shall be confined one day for each fifty cents of such judgment and costs. All expenses incurred in prosecuting for the recovery of any penalty or forfeiture, when collected, shall be paid to the treasurer for the use of the city. SEc. 10. And any person or persons who shall injure or destroy any bridge, th, construction of which may have been heretofore or may be hereafter authorized or permitted to be built by the common council, or any other public buildings or property belonging to said city, or shall cause or procure the same to be injured or destroyed, shall be subject to a penalty not exceeding five hundred dollars for each offense, to be recovered by the city in an action of debt, and may be imprisoned for a term not exceeding six months in the discretion of the magistrate before whom such conviction may be had, and such person or persons shall also be liable in a civil action at the suit of the city, for the damages occasioned by such injury or destruction. SEc. 11. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant or freeholder in the city of Ohicago, in any action or proceeding in which the said city shall be a party in interest. SEC. 12. All ordinances, regulations and resolutions now in force in the city of Chicago, and not inconsistent with this act, shall remain in force. under this act, until altered, modified or repealed by the common council, after this act shall take effect. SEC. 13. All actions, rights, fines, penalties and forfeitures, in suit or otherwise, which have accrued under the several acts consolidated herein, shall be vested in, and prosecuted by, the corporation hereby created. SEC. 14. All property, real, personal or mixed, belonging to the city of Chicago, is hereby vested in the corporation created by this act; and the officers of said corposation, now in office, shall respectively continue in the same until superseded in [FIR-Bli.15t 582 APPEIQDIX. CHICAGO CITY HYDRAULIC COMPANY. conformity to the provisions hereof; but shall be governed by this act, which shall take effect from and after its passage. SEc. 15. All ordinances of the city, when printed and published by authority of the common council, shall be received in all courts and places without further proof. SEC. 16. This act shall be deemed a public act, and may be read in evidence without proof; and judicial notice shall be taken thereof in all courts and places. SEC. l17. This act shall not invalidate any legal act done by the common council of the city of Chicago, or by its officers; nor divest their successors under this act, of any rights of property or otherwise, or liability which may have accrued to, or been created by, said corporation prior to the passage of this act. SEC. 18. All officers of the city, created conservators of the peace by this act, shall have power to arrest, or cause to be arrested, with or without process, all persons who shall break or threaten to break the peace, commit for examination, and, if necessary, detain such persons in custody over night in the watch-house, or other safe place, and shall have and exercise such other powers as conservators of the peace, as the common council may prescribe. SEC. 19. The city of Chicago shall not be liable in any case for the board or jail fees of any person who may be committed by any officer of the city, or by any magistrate, to the jail of Cook county, for any offense punishable under the laws of this State. SEaC. 20. Nothing in this act contained shall be so construed as to deprive the common council of said city of any power or authority conferred upon the same by the act incorporating said city, and the various acts amendatory thereto. But the common council shall possess and enjoy all the powers and authority heretofore conferred upon the same, except so far as such powers and authority have been expressly modified or repealed by this act, or the acts heretofore mentioned. This act shall be deemed a public act, and take effect from and after its passage. Approved February 14, 1851. AN ACT to incorporate the Chicago City Hydraulic Company. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the Genera Assembly, That John B. Turner, Horatio G. Loomis, and Alson S. Sherman, be, and they are hereby named and constituted as a board of water commissioners for the city of Chicago; who, and their successors in office, shall be a body politic and corporate, by the name and style of the "Board of Water Commissioners of the City of Chicago," and by that name shall have perpetual succession, with power to contract, sue and be sued, to purchase, hold and convey personal and real estate, to have a common seal, to alter and break the same at pleasure, to make by-laws, and do all legal acts which may be necessary and proper to carry out the effect, intent and object of this act. SEc. 2. The said commissioners shall hold their offices respectively for the term of three, four and five years; said commissioners shall, within sixty days after the passage of this act, decide by lot their respective terms, which decision shall be notified by a written statement to the common council of said city, which shall be entered of record on the books of said common council; and on the first Tuesday of April, in the year of our Lord one thousand eight hundred and fifty-four, and annually thereafter, there shall be an election held by the qualified voters of said city, in the same manner that elections are held for the election of mayor, for the election of one or more commissioners to fill all vacancies occasioned by the termination. in any manner, of the term of any commissioner under this act. All commissioners elected subset quent to the first election aforesaid, shall hold their office for the term of three years. And in case of the death or resignation of any of said commissioners, the remaining commissioners shall nominate some citizen of said city, being a qualified voter, to fill such vacancy, and shall present said citizen to the common council of said city for confirmation, who, if confirmed by said common council, shall have full power to act as such commissioner; but if the said common council shall refuse to confirm such nomination, said commissioners shall nominate another, and so on. until such confirmation shall be made; such person, when so confirmed, shall fill such vacancy until the next regular election of a commissioner, to be held after such confirmation. SEC. 3. The said commissioners shall have power to loan, from time to time, for 1851.] 583 584 APPENDIX. LFEB. 15, such time as they shall deem expedient, a sum of money not exceeding two hundred and fifty thousand dollars, upon the credit of said city of Chicago, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds; which bonds shall issue under the seal of said board of commissioners, and shall be signed by them, or a majority of them, and bear interest not exceeding ten per centum per annum. And it shall be the duty of said commissioners to keep an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and to whom the same was issued; and it shall also be their duty to furnish to the clerk of said city a copy of such register, as soon as the same is made, which shall be preserved by said clerk, and copied into the records of said city. SEc. 4. It shall be the duty of said commissioners to examine and consider all matters relative to supplying the city of Chicago with a sufficient quantity of pure and wholesome water, to be taken from lake Michigan, for the use of its inhabitants. SEC. 5. The said commissioners shall have power, and it is made their duty, to employ engineers, surveyors, and such other persons as, in their opinion, may be necessary to enable them to perform their duties under this act. Sac. 6, Said commissioners shall have the power, and it is hereby made their duty, as soon as may be after the necessary funds shall have been procured, as herein provided, to purchase such lot or lots of land, and to construct such buildings, machinery and fixtures, as shall be deemed necessary or desirable to furnish a full supply of water for public and private use in said city. SEC. V. Said commissioners shall have power to construct reservoirs, jets, and public and private hydrants, and to lay pipes in and through all the alleys and streets of said city; and also across all rivers and streams, not interfering with the navigation of the same; and with the consent of the common council of said city, to construct fountains in the public- squares, or such other public grounds of said city as they shall deem expedient. SEC. 8. The said commissioners shall, from time to time, assess the water rents to be paid for water used at each house or other building, against the occupant or occupants, owner or owners of such house or other building, upon such basis as they shall deem equitable; and such water rents shall become a continuing lien upon such house or other building, for the accommodation of which water shall have been introduced and upon the land, or lot and house or other building, on which such house or other building stands, when said lot or land and building are owned by the same person or persons, from the time the water shall have been introduced as aforesaid. SEC. 9. It shall be the duty of said commissioners to collect the rents so assessed; and in case any person or persons, so assessed, shall neglect to pay any such assessment for ten days after the time fixed for the payment thereof, of which notice shall be given in some newspaper published in said city, such notice to be at least ten days before the time fixed for the payment of such rents, said commissioners shall issue their warrants, under the seal of said corporation, directed to the marshal or any constable of said city, commanding him to make the amount specified in such warrant, being the amount due for water rent as aforesaid, together with the costs of advertising the same, and such fees as constables are entitled to by the laws of this State, in the levy and sale of personal property upon execution, out of goods and chattels of the person or persons so assessed as aforesaid; and the marshal or constable in such case may levy, under said warrant, upon any personal property of the person or persons against whom the same is issued, and sell the same at public auction, after giving ten days notice of the time and place of sale in some newspaper published in said city; and such warrants shall authorize the sale of any house or building on which any lien shall have attached as aforesaid, subject only to such bona fide incumbrances as shall have existed prior to the time of the introduction of such water as aforesaid. SEC. 10. And when any such warrants shall be returned by said officer unsatisfied, the said commissioners shall proceed to sell said lands and lots, and building or buildings, when owned by the same person or persons as aforesaid, in the same manner and after having given the like notice as is required by the laws of this State for the sale of lands for taxes; and the certificate of sale in such cases, signed by either of said commissioners, shall have the same force and effect as the certificate required by law on the sale of lands for taxes as aforesaid. In case the said real estate shall be sold as aforesaid, and the person or persons owning the same shall neglect to redeem the same in manner provided by the laws of this State for the redemption of real estate on-sale for taxes, the said commissioners may give a deed, under the seal of said cor 584 [FIF,B., 1 6i APPENDIX. 1851.] CHICAGO CITY HYDRAULIC COMPANY. poration, of the said real estate so sold as aforesaid, to the purchaser or purchasers thereof, which deed shall be, as near as may be, the same, and shall have the like force and effect, as deeds given upon the sale of lands for taxes as provided by the laws of this State. SEC. 11. The said commissioners shall also, from time to time, assess uponthe person or persons occupying or owning any house or other building situated in the. vicinity of any public hydrant, when said house or other building is not supplied by a private hydrant, such amount as, in their judgment, the occupant of such house or other building might be benefited by the use of such public hydrant; and such assessment, when-so made, shall be a lien upon such house or other building, and upon the lot upon which the same may stand, when said house or other building and lot are owned by the same individual, in the same manner as herein before provided in case of private hydrants, and such assessments may be collected in the manner, in all respects, as herein before provided. SEC. 12. It shall be the duty of said commissioners to construct hydrants of-sufficient size and capacity, and in such localities as they shall deem desirable for the pur: pose of extinguishing fires; and they shall assess the houses and other buildings in the vicinity of the said hydrants, in the proportion in which they shall deem the same respectively benefited; and the said assessment shall be collected in-the same manner as herein provided for the collection of the water rent assessed by said corporation. SEC. 13. The said commissioners shall keep an accurate recordof all proceedings, together with a list of all assessment for water rents, which shall be subject to inspecetion at all times; and may elect one of their own number to act as secretary of said board, or employ some other competent person for the purpose, as they may deem desirable. SEC. 14. It shall be the duty of said commissioners to make report to the common council of said city, semi-annually, which report shall embrace a statement of thsfunds and securities of said corporation, and all debts due and owing to and from said corporation, together with an accurate account of their expenditures; which statement shall be certified by said commissioners, under oath, and shall be entered of record by the clerk of said city, and published in some newspaper in said city of Chicago. SEC. 15. Whenever the receipts of said corporation, from water rents or other sources, shall accumulate so that there shall be a surplus, amounting to a sum of not less than five hundred dollars, not needed for the payment of the current expenses of said corporation, it shall be the duty of the commissioners to invest the same in some safe stocks, or upon other real or personal securities, under the direction and approval of the judge of the circuit court of Cook county, or some other judge in said county having chancery jurisdiction; such approval to be signified in writing under the hand of such judge. Such investment shall be made in the name of said corporation, and in such manner as to make the same available for the payment of the interest and principal of the bonds issued as aforesaid, as soon as may be. It shall be the duty of said commissioners to pay the interest on such bonds as fast as such surplus fund will permit, and also the principal as the bonds become due, as funds for such purpose shall, from time to time, accumulate. The said commissioners may, when they have funds for that purpose, purchase the bonds so issued as aforesaid, whether the same become due or not; and in case the said commissioners shall at any time not have funds on hand sufficient to meet any of the said bonds, at the time when they shall become due, they shall have the right to issue new bonds, for such amount, and on such time as they shall deem expedient, in the place of bonds so becoming due as aforesaid; the said old bonids to be canceled in the registry thereof, and the said new bonds to be recorded in the manner herein before provided. SEC. 16. It shall be the duty of said commissioners, at least thirty days before the time fixed by the ordinance of said city for assessing city taxes, to make a special report to the common council of said city, what, if any, sum will be needed by said commissioners over and above the revenue of said corporation, to meet tlhe payment of interest or principal of the bonds issued as aforesaid; and it shall be the duty of the common council to raise said amount by a special tax, in the same manner as general taxes, to be designated as water tax; and the said amount shall be paid over to the said corporation by the collector of said city. SEC. 1 7. The salary of said commissioners, and also of the secretary of said board, shall be fixed by the common council of said city, from time to time, as soon as may be after the passage of this act, and after each election as herein provided, and the 5,85 586 APPENDIX. [FEB. lIT; amount of such salary shall not be reduced during the term for which said commis sioners shall be elected. SEc. 18. Each commissioner, before entering upon the duties of his office, shall give bond to said city in such sum and with surety to the satisfaction of the common council of said city, conditioned for the faithful performance of his duties as such commissioner, and that he will faithfully disburse and account for all moneys coming under his control as such commissioner, the amount of which bond may be increased at any time, as the said common council may deem expedient. Sgc. 19. Said commissioners may purchase the corporate rights, and real and personal property, fixtures and stock of every name and description, of the Chicago hy. draulic company, on such terms as may be agreed upon between said commissioners and said company; and when such purchase shall be made, the said commissioners shall succeed to and become invested with all the powers, rights, privileges and immunities exercised and enjoyed by the Chicago hydraulic company, under their charter, and shall continue to supply water to the citizens of Chicago, under the same, and collect the money and rents therefor, in all respects as fully and effectually as the Chicago hydraulic company can or may do, until the said commissioners, acting under the provisions of this act, shall have completed their arrangements, machinery, engines, pipes, buildings, and other things provided for in this act, for the purpose of supply ing the said city with pure and wholesome water; after which time the said Chicago hydraulic company, and their said charter, shall become extinct and null: Provied, alays, That if the said commissioners cannot agree with the said Chicago hydraulic company as to what sum shall be paid the said Chicago hydraulic company for their property, rights and privileges, then the said company shall have the right to establish, by satisfactory proof, the actual cost of their said property, before the judge of the circuit court of Cook county, upon petition to him in term time or vacation; and no greater sum shall be paid for the same than the said judge shall decide the actual cost to have been. SEc. 20. This act may at any time be altered, repealed or amended. SEec. 21. All materials procured, or partially procured, under a contract with the commissioners, shall be exempt from execution, but it shall be the duty of the commissioners to pay the money due for such materials to the judgment creditor of the contractor under whose execution such materials might otherwise have been sold, upon his producing to them due proof that his execution would have so attached, and such payment shall be held a valid payment on the contract. SEc. 22. No one or more of the said commissioners shall be interested, either directly or indirectly, in any contract entered into by them with any other person; nor shall they be interested, directly or indirectly, in the purchase of any material to be used or applied in and about the uses and purposes contemplated by this act. SEc. 23. The said commissioners, or either of them, may be removed from office by the judge of the circuit court of Cook county, upon petition presented to him in term time or in vacation, by the common council of the city of Chicago, or if it shall appear, after hearing and proof before said judges that the said commissioners, or either of them, have been guilty of misfeasance or malfeasance in office, or any breach of duty, either of commission or omission, under this act; and if the said judge shall remove any two or more of said commissioners from office for any cause before the expiration of the term of their office, he is hereby authorized and empowered to appoint others in their stead, who shall fill such offices for and during the unexpired term of such commissioners so removed. SEc 24. The said commissioners shall adopt such plan as in their opinion shall be most advantageous for procuring such supply of water, and shall ascertain, as near as may be, what amount of money will be necessary to carry the same into effect. The said Commissioners shall make a report of their proceedings, containing a full statement and description of the plans adopted by them, an estimate of the expense thereof, together with an estimate of the probable amount of revenue to accrue to the city, upon the completion of the work, with the reason and calculations upon which their opinions may be formed, and all such other information connected with the object of their appointment as they may deem important. SEc. 25. Such report shall be made and presented to the common council by the said commissioners, together with all such conditional contracts as may have been made by them by virtue of this act, on or before the first day of January, which will be in the year of our Lord one thousand eight hundred and fifty-two. SEz. 26. The said commissioners are hereby authorized to enter upon any land or 586 RFF,B. 1 I;L- - APPENDIX. FINES AND FORFEITURES. water, for the purpose of making surveys, and to agree with the owner of any property which may be required for the purposes of this act, as to the amount of compensation to be paid to such owner. SEc. 27. In case of a disagreement between the commissioners and the owners of any property which may be required for the said purposes, or affected by any operation connected therewith, as to the amount of compensation to be paii to such owner, or in case any such owner shall be an infant, a married woman, or insane, or absent from the State, the judge of the circuit court of Cook county may, upon the application of either party, nominate and appoint three different persons to examine such property, and to estimate the value thereof, or damage sustained thereby, and to report thereon to the said court without delay. SEC. 28. Whenever such report shall have been confirmed by the said circuit judge of Cook county, the said commissioners shall, within two months thereafter, pay to the said owner, or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the property required, or for the damage sustained, as the case may be, and thereupon the said commissioners shall become seized in fee -of such property so required, and shall be discharged from all claim by reason of any such damage. SEc. 29. If any person shall willfully do, or cause to be-done, any act whereby any work, materials or property whatever, enacted or used within the city of Chicago or elsewhere, by the said commissioners, or by any person acting under their authority, for the purpose of securing or keeping a supply of water, shall in any manner be injured, or shall willfully pollute the water, shall be guilty of a misdemeanor, and, upon conviction, shall be punished therefor as other misdemeanors are punished. SSEc. 30. All contracts for materials, or for the construction of the work, shall be in writing, and of each contract two copies shall be taken, which shall be numbered and indorsed with the date of the contract and with the name of the contractors, and a summary of the work to be done or materials to be furnished; one copy of which shall be retained by the said commissioners, and the other copy of which shall be filed with, and kept and preserved by, the clerk of the common council among the files of said office. SEc. 31. Public notice shall be given of the time and place at which sealed proposals will be received for entering into contracts. All sealed proposals for contracts shall be for a sum certain as to the price to be paid or received, and no proposition which is not thus definite and certain, or which contains any alternative condition or limitation as to price, shall be received or acted upon. SEc. 32. No more than one proposition shall be received from any one person for the same contract, and all the propositions of the person offering more than one shall be rejected. SEc. 33. Every person who shall enter into any contract for the supply of materials or the performance of labor, shall give satisfactory security to the commissioners for the faithful performance of his contract according to his terms. Approved February 15, 1851. AN ACT concerning Flnes and Forfeitures within the Timits of the Cities of Belleville and Chicago. SECTION 1. Be t enaded by the People of the e of linowis, rpresen in the G ral Assembly, That hereafter all fines and forfeitures collected for penalties incurred within the incorporated limits of the city of Belleville, in St. Clair county, shall be paid into the treasury of said city by the officers collecting the same. SEC. 2. The provisions of the preceding section shall apply to and be in force in the city of Chicago. SEc. 3. This act shall be in force from and after its passage. Approved February 17, 1851. 1851.] 587, 588 APPENDIX. AN ACT to provide for Township Organizatiox [FEB. 12, An.TICLB TWENTY-FIFTH —Sc. 8. The several wards in the city of Chicago shall be entitled to elect one supervisor in each ward, in addition to the township supervisors, and the several supervisors so elected shall be members of the board of supervisors of Cook county, and shall have, possess and enjoy, all the rights, powers and privileges that are now, or hereafter shall be possessed and enjoyed by the several township supervisors when voting as a county court. The election for such supervisors to be held at the same time and in the same manner as the election for township supervisors. . * * * * * * * * *.. *.. $ Approved February 1., 1851. AN ACT to amend an Act entitled "An Act to incorporate the Chicago City Hydraulic Company." SECTION 1. Be it Ied by the People of the State of Illinois, represented in the Gen,ral by, That the commissioners named in "An Act to incorporate the Chicago city hydraulic company," approved February 15, 1851, and their successors in office, be and they are hereby authorized and empowered to loan, from time to time, as they shall deem expedient, in addition tto the sum named in the said act, the sum of one hundred and fifty thousand dollars, in the same manner and upon the same terms, conditions, guarantees and securities named in the same act; and this act to be an amendment to and form a part of the said act to incorporate the Chicago hydraulic company herein mentioned: Provided, That no higher rate of interest than seven per centum per annum shall be paid for any such loan made by authority of this act. Approved June 15, 1852. AN ACT to amend an Act entitled "An Act to reduce the Law incorporating the City of Chicago. and the several Acts amendatory thereof, into one Act, and to amend the same," and to amend an Act to charter the City of Peru. - ECTION 1. Be it ac y the People of the State of Blinois, repreen in the aGe l Amsembly, That so much of the thirteenth division of the fourth section of the fourth chapter of the act entitled'An Act to amend an act to reduce the law incorporating the city of Chicago, and the several acts amendatory thereof, into one act, and to amend the same," approved February fourteenth, eighteen hundred and fifty-one, as author. izes the issuing or granting of licenses for the sale of wines or other liquors, ardent, vinous or fermented, at retail, and all and every other section or part of said herein named and recited act as authorizes the issuing or granting of licenses for the sale of wines or other liquors, ardent, vinous or fermented, at retail, in less quantities than one quart, be and the same is and are hereby repealed. SEc. 2. That so much of section one, article fifth, of an act entitled "An Act to charter the city of Peru, " approved February thirteenth, eighteen hundred and fiftyone, as authorizes the city council to license, tax and regulate groceries, taverns, tippling houses and dram shops, and all and every other section or part of section of said act as authorizes the issuing or granting licenses for the sale of spirituous liquors, be and the same are hereby repealed. Approved June 23, 1852. AN ACT to prohibit the Sale of Intoxicating Drinks. SECTION 1. Be it enacted by the People of the State of Illinois, represeted in the G raZ Assembly, That all laws or parts of laws which were in force in relation to the grantming of license to persons for the purpose of retailing spirituous, vinous or mixed liquors, at the time of the passage of an act entitled "An Act to prohibit the retailing of intoxicating drinks," approved February first, eighteen hundred and fifty-one, be and are hereby re-enacted and in full force and effect, as if never repealed: Provided, That no license shall be granted to any person for a less sum than fifty dollars, nor more than three hundred dollars per annum. This act shall take effect,from and after its 1853.] ]LCTIONS. 589 passage. And provid fut,her, That a grocery shall be deemed to include all houses and places where spirituous or vinous liquors are retailed by less quantity than one gallon. The act entitled "An Act to amend' An Act to reduce the law incorporating the city of Chicago, and the several acts amendatory thereof, into one act, and to amend the same,' and to amend an act to charter the city of Peru," be and the same hereby is repealed, and the provisions therein repealed are hereby revived and re-enacted. Approved February 12, 1858. AN ACT amendatory of an Act entitled "An Act to reduce the Law incorporating the City of Chicago, and the several Acts amendatory thereof, into one Act, and to amend the same," approved February 14,851. SEcTI ON 1. Be it enaded by the People of the St of Illinois, reprsente in the GeraZ Assembly, That the corporate limits and jurisdiction of the city of Chicago, shall be and the same are hereby so extended as to embrace and include within the same, the several tracts of land hereinafter described, which shall be deemed parts of the divisions of the said city named in connection therewith, as follows: Nort& Division All those parts of sections thirty-one and thirty-two, in township forty north, range fourteen east, lying east of the centre of the north branch of the Chicago [river,] and the west half of section thirty-three in the same township 8ni range South Division. All of fractional section twenty-seven, in township thirty-nine north, range fourteen east, and so much of the shore and bed of the lake as lie within one mile east of the said section, and all of that part of section twenty-eight in the same township and range, lying south and east of the south branch of the Chicago ri'ver. West Div/ion. And all those parts of sections twenty-eight, twenty-nine and thirty, in township thirty-nine north, range fourteen east, lying north of the south branch of the Chicago river, and the branch thereof running west through said section thirty. SEc. 2. The land above described as constituting a part of the north division of said city, shall form a part of the seventh ward; the land above described as constituting a part of the west division, shall form a part of the fifth ward; and the boundary lines of the first, second, third and fourth wards of said city, shall be respectively extended south over the lands above described as constituting a part of the south division. SEc. 8. Hereafter it shall be lawful for the city clerk to compute together as one tax, any two or more of the taxes levied by the common council, which may be general to the whole city or to any division thereof, and include the total amount of the taxes so computed together as one tax, in all warrants, orders of sale, or other proceedings in relation to the collection of taxes under the act to which this is amendatory: Provided, That in all cases where taxes may be so computed together, the clerk shall designate at the head of the proper column, the names and rates of the several taxes which may be included together. SEC. 4. This act shall be deemed a public act, and shall take effect from and after its passage. So much of the act approved February 23, 1847, creating South Chicago school district, as includes the lands herein described within said district, is hereby repealed. And no tax shall hereafter be levied upon the same by virtue of said act. Approved February 12, 1858. AN ACT to remedy a Defeet in the Laws in relation to Elections in the Towns of North Chicago, South Chicago and West Chicago. SECTION 1. Be it enacted by the People of the Sta of Illinois, rreqernt in the Gea t'a s ly, That each and every ward of the city of Chicago shall constitute an election precinct, and the judges of election, and the place of holding elections therein, for State and county officers, shall be appointed by the common council of said city, in the same manner that inspectors and judges of city elections are appointed; and so80 much and such parts of the respective towns of North Chicago, West Chicago and South Chicago, as are not included in any ward of said city, ifany, shall respectively constitute election precincts, to be styled, respectively, North Chicago precinct, 589, ELECTIONS. 5~~~~~~O APPENDIX. [SB. 14,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ South Chicago precinct, and West Chicago precinct, and the judges of elections, and respective places of holding elections therein, shall be appointed by the board of supervisors of Cook county: Provided, That there shall be but one place of holding elections in each of said precincts. All elections for State and county officers in said wards and precincts shall be conducted, and returns thereof made to the county clerk, as provided by the law regulating State and county elections. This act shall take effect and be in force from and after its passage. Approved February 12, 1853. AN ACT amendatory of an Act entitled "An Act to reduce the Law fncorporating the City of Chicago, and the several Acts amendatory thereof, into one Act, and to amend the same, approved February 14,1851. SECTION 1. Be it enaed by thae People of the St of llinois, itrrested in the Getteral Asembly, That the corporate limits and jurisdiction of the city of Chicago shall be and the same are hereby extended to lake Michigan, and shall include so much of the waters and bed of said lake as lie within one mile of the shore thereof, and east of the present boundaries of the city. SEC. 2. That whenever, at any general or special election, there shall be more than one vacancy in the office of alderman, to be filled at each election in any ward, the candidate having the highest number of votes for such office shall be declared elected for the longest term, and the candidate having the next highest number for the shortest; and in case any two or more candidates shall have an equal number of votes for such office, the election, as also the terms of service to which the successful can didates shall be respectively- entitled, shall be determined by the casting of lots in the presence of the council: Provided, The common council may, in its discretion, direct the clerk, in its presence, to cast lots for the purposes aforesaid; as also, in any case where two or more candidates for any other elective office shall have an equal number of votes for the same office. SEC. 3. That the vacancy occurring by operation of law in the board of water commissioners on the first Tuesday of April next, shall be filled by a qualified voter of the west division; the vacancy in like manner occurring therein in April, 1855, shall be filled by a qualified voter of the north division, and the vacancy in like manner occurring therein in April, 1856, shall be filled by a qualified voter of the south division. The said commissioners shall be %lected by the general vote of the city, and the respective successors of the persons so elected shall thenceforth be elected or appointed from the divisions respectively represented by them: Provided, No person shall be eligible to such office who has not been a resident of the division in which such vacancy shall occur, for at least one year prior to the election or appointment; and a removal from the division by any member of said board for which he was elected, shall be deemed a resignation of his office. SEC. 4. Every fireman who shall have faithfully served as such in the said city for the term of seven years, shall be entitled to the exemptions of the act to which this is amendatory. SEC. 5. That the city marshal shall be elected at the next election for the term of two years, and biennially thereafter, and shall be ineligible to the same office for the term next succeeding the term for which he was elected. SEC. 6. That the common council shall have power to borrow, upon the faith of the city, one hundred thousand dollars for the use of the water works, if the council shall hereafter deem such loan advisable: Provied, Two-thirds of all the aldermen elected shall concur therein. SwC. 7. That it shall be lawful for the recorder's court to sentence criminals convicted of offenses committed in the city of Chicago, punishable by imprisonment in the county jail, to imprisonment in the city bridewell, to be there kept at labor. SEC. 8. The common council may, whenever it shall deem it expedient so to do, elect a superintendent of special assessments, whose duty it shall be, when required, to act as one of the commissioners of special assessments, in any case where commissioners of special assessments are required to be selected or chosen by the council, and in no such case shall it be necessary to choose more than two other commissioners of special assessments; and the council may, in their discretion, appoint the said superintendent to act alone in making such assessments, in which case he shall be governed by the law in mlaking such assessments, so far as the same may be applicable. 590 [FE.D. 14, APPENDIX. 1855.] S1fWERAQZ GOMMISSIONERS. 59i SEac. 9. Such superintendent shall have the general management of all special assessments and enforcement thereof, subject to the control of the council; and shall, when appointed, hold his office until the council shall elect another person in his place, or declare the office vacant. SC. 10. That the city council shall have power to purchase and improve suitable grounds for a house of refuge and correction, to erect buildings thereon, and adopt such rules and regulations for the government and the punishment of juvenile offenders therein, as they may from time to time deem expedient and just. Sia. 11. That the common council shall have power to authorize the building of a tunnel or tunnels under the Chicago river and branches, and allow toll to be charged on the same, and to fix the rate thereof. S-c. 12. That the common council shall have power to pay to the recorder of the city of Chicago, such compensation from time to time as said council may deem proper, in addition to the salary now prescribed by law. SEc. 13. Any person owning or interested as proprietor in any real estate in said city, whose interests or property shall be injuriously affected by any encroachment upon, or occupying, or use of the public grounds, waters, streets, alleys or other public property of said city, or situate therein for private use or for the use of any corporation, or individual or individuals, without authority of law, shall have the right to apply to the courts by petition, for the protection of his or her rights, and upon such application, or the hearing of such petition, the court shall grant him or her such relief, by injunction or otherwise, as may be necessary to protect him or her from such injury: Provided, That nothing herein contained shall affect or apply to the settlement or adjustment, or acts authorized under the following acts, to wit: "An act to adjust and settle the title to the wharfing privileges in Chicago, and for other purposes," approved February 2, 184X, and "An Act to amend an act entitled'An Act to adjust and settle the title to the wharfing privileges in Chicago, and for other purposes,' approved February 27, 1847, and' in relation to wharves and docks in said city,'" approved February 11, 1853, but all such acts are hereby ratified and confirmed. SEc. 14. The city shall cause a map or maps of the wharfing lots in the original town of Chicago to be made and certified by the city surveyor, and acknowledged by the mayor, and recorded in the recorder's office of Cook county. And the premises contained therein may be hereafter known and described in all conveyances or other papers, by the number of the wharfing lots as laid down on such map or maps. The map of the wharfing lots on the souttx side of Chicago river, heretofore caused to be recorded by the mayor in the recorder's office of Cook county, shall be taken to be made and recorded in conformity with this section, and shall have the same effect as if made and recorded subsequently to the passage of this act. SEc. 15. To regulate and prohibit the keeping of any lumber yard, and the placing, piling or selling lumber, timber, wood or other combustible material within the fire limits of said city. SEc. 16. That hereafter the said city of Chicago may annually levy and collect a tax, not exceeding one mill on the dollar per annum, on the real and personal estate, to meet the interest accruing on the bonded debt of the city, and that section two, of article one, chapter five, of the act to which this is amendatory, be and the same is hereby repealed. SEc. 17. Whenever the expenditures in any division of the city shall have exceeded the amount to which it is entitled, in proportion to the annual revenue for general purposes derived from each division, the common council shall have power to collect such excess of expenditures by special pro raa assessment on the division, based upon the valuation of real and personal estate as contained in the last annual assessment roll, and may immediately issue a warrant for the same, and enforce the collection thereof in the manner heretofore prescribed for the collection of the annual revenue. S.c. 18. This act shall take effect from and after its passage. Approved February 28, 1854. AN ACT to incorporate a Board of Sewerage ommissioners for the City of Chicago. SECTION 1. Be i by X Peopf of S of llid, reprc in g a A~iZb/y, That as soon as practicable after the next regular election for city officers 1855.] 591 SEWERAGE COMMISSIONERS. 5~~2 AFINI.[E.4 in the city of Chicago, and within thirty days thereafter there shall be elected by the common council of said city, three persons to serve as sewerage commissioners, one for the south, north and west divisions of said city respectively, who shall each be residents and freeholders of the respective districts for which they are elected: -Pro. vit&d, That no'election shall be gone into by the said common council, of the said sewerage commissioners, until such election shall have been duly ordered at a previous meeting of said council; and such persons shall be named and constituted as a board of sewerage commissioners for the said city-of Chicago, who, and their successors in office, shall be a body politic and corporate, by the name and style of the "Board of Sewerage Commissioners," and by that name shall have perpetual succession, with power to contract, sue and be sued, to purchase, hold and convey personal and real estate, to have a common seal, to alter and break the same at pleasure, and to make by-laws, and to do all legal acts which may be necessary and proper to carry out the effect, intention and object of this act: Provided, That if from any cause an election shall fail to be made within said thirty days, the same may be made at any time thereafter: And pro futer, That no person shall be considered elected to said office unless he shall receive a majority of the votes of all the aldermen by law authorized to be elected: Provio, That no real estate shall be purchased without the approval of the council first had to each purchase, and that the title to all real estate purchased shall be taken in the name of the city of Chicago for the use of said commissioners. SEC. 2. The said commissioners first elected shall hold their offices for the term of two, three and four years; the common council shall, forthwith after the election of said commissioners, decide by lot their respective terms, which decision shall be notifled to the said commissioners by a written statement, signed by the clerk of said city, which shall also be entered of record on the books of the said common council, and at the same time- provided by law for the election of water commissioners for said city; or in case no such election shall be had, then, on the first Tuesday in May, 1857, and annually thereafter, there shall be elected, by the qualified voters in said city, in the same manner that elections are made of mayor, one commissioner, to fill the vacancy occasioned by the termination of the term of one of the said commissioners under this act. - All commissioners elected subsequent to said first election shall hold their office for the term of three years, and in case of the death, resignation or removal of any one of said commissioners, the vacancy shall be filled by the election, by the common council, of: ome -citizen of said city, duly qualified and resident as aforesaid, who shall have power to act as such commissioner until the expiration of the term of the said commissioner in whose place he is appointed. Szc. 3. The said commissioners shall have power to borrow, from time to time, as they shall deem expedient, a sum not exceeding five hundred thousand dollars, upon the credit of the said city of Chicago, and shall have authority to issue bonds pledging the faith and credit of said city for the payment of the principal and interest of said bonds, which shall be signed by-them, and may be payable at such place and in such currency as they shall deem expedient, and bear interest not: exceeding seven per cent. per annum. And it shall be the duty of said commissioners to keep an accurate register of all bonds and all interest coupons issued by them, showing the number, date and-amount of each bond and coupon, to whom payable, and on account of which sewerage-district the same was issted, and to whom the same was issued; and it shall also be their duty to furnish to the clerk of the said city, a copy of such register as soon- as the same is made, - which shall be preserved by said clerk, and- copied intcothe records of said city,: which said list shall particularly specify the bonds and coupons issued for each respective sewerage district: Provie, That the said commissioners shall not sell the said bonds, whatever rate of interest the same may bear, at a rate which will yield over seven per cent. per annum: Proed futh, That- no bonds shall- be issued until the common council shall have approved of such issue, by a vote of a majority of all the aldermen by law authorized to be elected: And provded, That all bonds issued, before they shall be binding upon said city, shall be marked approved by the mayor and clerk of said city, -under the seal of said city, and that such signature and seal shall be conclusive evidence to the holders of said bonds of the fact of such approval. SEc. 4. It shall be the duty of the said commissioners to examine and consider all matters relative to the thorough' systematic and effectual drainage of the city of Chicago, not only of surface water and filth, but also of the soil on which said city is situated, to a sufficient depth to secure dryness in cellars and entire freedom from stagnant water, and in such manner as best to promote the healthfulness of said city. 592 .rr L-F,iB. 141 APPEI-TDTX. SEWERAGE COMMISSIONERS. SEC. 5. The said commissioners shall have power to offer rewards for the best system of drainage for said city, to call the attention of scientific men to the subject by advertisement of such rewards in the papers of other cities of the United States, and in foreign papers. and generally to do whatever in their judgment shall be found necessary or desirable to obtain the benefit of all the iniiformation and experience on said subject which is to be had. SEc. 6. Thie said commissioners shall have power to employ engineers, surveyors, and such other persons as, in thlieir opinion, may be necessary to enable them to perform their duties under this act; also to purchase such books, charts and other works as may be found necessary or usefull, and to cause such surveys to be made of said ,city as may be required. SEc. 7. There shall be three sewerage districts in said city, corresponding to the three divisions of the city, which districts shall be known and designated as south sewerage district, north sewerage district, and west sewerage district; and the entire amount of tax raised in each of said districts, as hereinafter provided, shall be expended in such district, and the accounts of the receipts and expenditures for each district shall always be kept separate and distinct from the other districts. SEc. 8. It shall be the duty of the said commissioners, before entering upon the construction of any sewer in either of said districts, to fix upon a plan or system of sewerage for said entire district, of such a nature that all the subsequent sewerage of said district may be executed upon said plan: Provided, also, That the respective sewers which are constructed under this act, shall be constructed in such manner that every sewer, so far as built, shall be capable of beneficial use, independent of the further extension of such sewer or of the construction of any other sewer or sewers. SEC. 9. After the said commissioners shall have fixed upon a plan for the sewerage ) CROSS-WALKS, powerto construct............................................... 60 expense of, how paid......................................................76, 178 penalty for obstructing........................................................... 889 CRUELTY TO ANIMAlTS, power to punish.................................................2 penalty for................................................................ 28 DANGEROUS LIQUIDS, ordinance concerning...................................... 06 DANGEROUS SPORTS, penalties.................................................... 286, 28T DEATHS, registration of, power to regulate............................................... 2 DECISIONS OF SUPREME COURT. (See A.ePdie/.) DEEDS for taxes and assessments, when and how issued...........................9.........9 of what prima facie evidence.........................................93 of what conclusive evidence......................................................... 93; proof required to defeat......................................................... 93, 94 not to be questioned, unless redemption money has been tendered...............94 fee to comptroller for................................................................. 9 DEFAULTERS, not eligible to office......................................................12 to be reported to mayor for removal....................................... 37, 40, 42, 117 DISEASE, contagious, power to make regulations concerning, (see realth)............... 27, 81 DISORDERLY ASSEMBLAGES, power to prevent........................................ 25 penalty for........................................................................... 287 DISORDERLY CONDUCT, penalties.............................. 282, 288, 287, 812, 857, 359 DISORDERLY HOUSES, power to restrain and suppress...............................25 how punished................................................................ 282, 284 DISPENSARIES, power to establish, (see fHealt>)........................................81 DISTILLERIES, power to direct location of, (see N_i8asoeo).......................... 25, 26 power to prohibit, license and regulate............................................ 25, 26 DISTILLERS, power to tax, license and regulate, (see is8ances).......................... 24 DISTURBANCES, power to prevent.....................................................25 penalty for........................................................................... 287 DIVISIONS of city, defined..................................................................2 DOCKS, encumbering of, power to prevent, (see Waress)...........................26 superintendence of, by board of publicworks...............................;....... 52 DOGS, power to tax, restrain, and destroy.........................................2........T ordinance concerning............................................................ -222 DRAINS, power to cleanse and regulate..................................................81 power to construct................................................................ 60, 152 mode of procedure.................................................. 60, 61, 71, 72,177,178 regulations concerning....................................................... 201, 98 294 ordinance concerning sewers and...............................................8882 DRAYMEN, power to license and regulate, (see VeoIles)...................................24 how to fasten dray when horse left............................................... 286,287 DRUNKENNESS, penalty for......................................................... 282,288 ELECTION DISTRICTS, wards to be divided into......................................... 5,6 ELECTIONS, municipal, when to be held................................................ 6, 162 notice of, how given....................................................................6 special, provisions concerning........................................... 6 determined by plurality vote............................................6 officers to be elected............................................................... 6 of aldermen and constables........................................................... 6, 7 in case of tie, how determined......................................................... 7 of commissioners of public works............................................., 8,160, 161 of police commissione....................................7, 8,161,198, 194 inspectors of, how appointed........................................................... 10 manner of conduotig............................................................ 12,18 6,74 INE.b ELECTIONS - ontinued. manner of contesting.................................................................12 power to regulate............................................................. 12 returns of................................................................ 12 ELIGIBILITY TO OFFICE............................................................... 12 EMBEZZLEMENT, by revenue officers, how punished............................... 48, 44,148 by commissioners of public works, how punished........................................... 58, 59 ENGINEERS, consulting board of, on plans for cleansing river............................... 182 ENGINEERS OF FIRE DEPARTMENT, how elected................................6..6 term of office........................................................................ 6 duties of............................................................................ 120 office abolished..................................................................... 199 ENGINE HOUSES, superintendence of............................................ 52, 197 common council to procure fit................................................... 199 EVIDENCE, of official papers and proceedings.............................................15 of tax and assessment sales........................................................ 92 of erroneous tax and assessment sales.........................................9.......98 tax lists conclusive, as to amount assessed..................................85 of publication of ordinances......................................................... 158 ordinances, when to be received as............................................... 160, 200 tax and assessment deeds..............................................................98 EVIDENCES OF DEBT, not to be issued, unless expressly authorized by charter............48 EXECUTION, on judgments in police court, when and how issued................118, 114 not to be issued against city................................................ 159,160 EXHIBITIONS, power to prohibit, license and regulate, (see Sotws)........................25 EXPENDITURES. (See Receipts and Expendaitres.) not to exceed amount provided in annual appropriation bill...................44, 45 for improvements payable from general fund limited.................................45 by police commissioners limited.....................................................108 by board of education limited........................................................ 189 FEES, of fish inspector.......................... 17 167 for licenses......................................... 25 222 of inspectors, weighers and gaugers, power to prescribe.................................28 for licensing land surveyoris............................................... 50 for permits...................................................................8, 184, 847 received by salaried officers, to be paid into city treasury.............................. 21 of police justices, to be paid into city treasury....................................... 115 not to be received by members of police force............................. 99,100, 194, 195 of collector, for selling goods and chattels........................................... 180 ordinance concerning.............................................. 222, 228 of scavengers.................................................................... 828 (See Actions, Comtrol le, 8ay, e Weig7ts nd Measure,,, Feieles, Wood.) FERRIES, power to regulate and license...................................................29 FINANCE COMMITTEE, to examine and pass upon doubtful claims.................... 86, 8T to examine annually all warrants paid by treasurer..................................40 to examine collector's books and vouchers.............................................41 to examine and compare annual reports of comptroller, treasurer and collector..... 42, 48 to adjust accounts between officers of treasury department 43 power to authorize the borrowing of money.............................**.. 45 power to authorize issue of bonds................................................... 45, 48 power to authorize issue of drafts on treasurer...............................4........7 may authorize comptroller to borrow from one fund to meet demands on another.......47 accounts of board of public works, subject to inspection of.............................59 FINANCES, of corporation, general control of...................................... 28 comptroller to have supervision over............................................ 35, 86 annual statement of, to be published...................................... 87,8 temporary loans authorized In certain cases.......................................... 45 how provided for.................................................................. 45, 80 bonds authorized to be issued............... 45 46,140-142,152154 181 182, 185,188, 189 power to borrow money to pay interest on bonded debt........................ 47, 147, 156 interest on bonded debt to be raised by annual tax............................. 45 46, 80 sinking fund for general bonded debt...............................................80 81 power to levy and collect taxes.................................. 79-88,185,, 188,197 sinking fund for sewerage debt............................................... 15515 FINES, power to enforce ordinances by.....................................................82 imposed by police court, power to remit............................................. 114 in criminal cases in city to be paid into city treasury................................ 518 FIRE DEPARTMENT..................................................... 118-121, 197-200 engineers of, how elected............................................... 6 power to make regulations for prevention of fires................................118,119 power to purchase engines and apparatus......................................... 199 power to appoint firemen..................................................... 119, 17 duties of engineers................................................................... 120 power to appoint fire marshal.........................................................1 firemen exempted from military and jury duty................................... 120,121 675 INDEX. 676 INDEX. FIRE DEPARTMENT-continued. firemen to be registered by city clerk................................................ 121 fire-insurance rates, how appropriated............................................... 82, 88 fund for relief of disabled firemen................................................ 121 fire-telegraph fund................................................ 121,165,166, 4,525 power to construct hydrants to extinguish fires..................................188 under control of board of police....................................................... 197 new organization of............................................. 197-200 offices of engineers abolished...................................................... 199 fire marshals and fire police...................................................... 197-200 bridges to be kept closed for, at alarms............................................... 218 ordinance concerning........................................................... 228-288 duties as to gunpowder and gun cotton............................................... 240 firemen misusing wrenches of hydrants, penalty................................. 860, 861 FIRE LIMITS, power to establish..................................................... 118 permits to erect frame buildings within............................................... 583 established.................................................. 223 224 regulations concerning buildings in.................................. 224227 FIRE MARSHAL, power to provide for appointment of.................................. 120 appointment of, under new organization............................. 197-200 powers and duties of.............................................. 120, 197 —199, 281-288 FIREMEN'S BENEVOLENT ASSOCIATION................................... 88,165,166 FIRE TELEGRAPH, provisions concerning.............................. 121,165,166, 528-526 FIRE WARDENS.............................................................. 15,120,198 FIRE WORKS, power to prevent......................................................... 119 regulations concerning..........................................................285 FISCAL YEAR, when to commence......................................... 44 FISH, inspection of................................................... 1................. 16-18 power to regulate sale of..........................................................28 ordinance concerning............................................................ 263, 264 FISH INSPECTOR, how appointed.................................................... 10,191 term of office................................................................... 10 191 duties, powers and liabilities of.......................................1 618 fees of.................................................. 17,167 ordinance concerning............................................. 263. 264 FLOATING DEBT, power to issue bonds for...................................4............5 FLOUR, power to regulate inspection of......................................... 28 ordinance concerning............................................................ 264-268 FORESTALLING, power to prevent and punish....................................... 24, 26 FRAUDULENT PRACTICES, power to restrain....................................24 penalties for................................... 249, 281, 802, 305, 806, 811, 85857, 866, 869 FUND, separate accounts of each, to be kept by treasurer...................................89 power to use moneys of one, to meet demands upon another.4...................... 4, 48 what funds excepted from this rule.............................. 40, 41, 47,124, 148 FUNDED DEBT, interest on, to be raised by annual tax........................... 45 46, 80 power to borrow money to pay interest on................,...........47,147, 156 sinking fund for..................................................................... 80, 81 GAMIERRS; punishmentsQA............................................... 281, 284, 285, 884 GAMING, power to restrain and punish...................................... 24, 81,82, 102, 108 power to destroy instruments used In...............................2, 108, 284 punishment for............................................ 28, 285, 884 GAS COMPANIES, charters and ordinances concerning....................... 87-379 to notify board of public works before laying pipes..........................880 GAS METERS, ordinance concerning inspection of................................... 268,269 GAS PIPES, power to regulate the laying of, in public streets.......................8........ notice to be given before laying..........................................................880 GAUGERS, power to appoint, (see Liquors)................................................. 28 duties of, power to regulate........................................................28 fees of, power to prescribe...............................................28....,.28 ribe.. ~~~~~~~~28 how appointed, and term of office................................................. 10,191 GEESE, power to restrain...........................................................2T...... GENERAL FUND, how raised................................................................79 expenses chargeable to......................................................... 52, 76, 79,178 GERMAN NEWSPAPER, publication in.................................. 20, 200 GIFT DISTRIBUTION, chance, punishment for............................................. 884 GOATS, power to restrain................................................. 27 GRADES, power to establish and alter.....................................................80 ordinance concerning............................................ 288 GROCERIES, disorderly, power to suppress....................................................2 GROCERS, power to license and regulate, (see Li us Iqor)......................24 676 INDEX. @~~~NE 6 7 GROUNDS, power to fill up and drain, (see Parks and, PubliSc rounds)................... 81 GUN C(OTTON. (See Gnpowder.) GUNPOWDER, storing of, power to regulate......................................2........6 keeping and conveying of power to regulate.........................................26 ordinances concerning, and gun cotton............................... 289-241, 246 HACKMEN, pewer to license and regulate, (see Vehicles)...................................24 HARBOR, power to preserve and regulate, (see river)......................... 24, 29, 80 power to widen and deepen.................................................. 24 what to include...............................................80 marine insurance rates to be applied to improvement of.........................8.......8 improvement without contract.............................................. 180 ordinance concerning. l24 ordinanc e oncerningse............................................................. 241-247 regulations of vessels in harbor and passing bridges....................... 24247 HARBOR MASTER, how appointed............................................... 10, 18, 188 term of office............................................................ 10, 188 duties of..................................................................... 16, 24-247 HAWKERS, power to license and regulate, (see Peddlers)................................. 25 HAY, weighing and selling of, power to regulate............................................ 28 ordinance concerning............................................................ 24-250 burning of, regulated................................................................. 280 HEALTH, powers for the preservation of, (see City Phy8icia).....................27, 81 life insurance rates to be used for sanitary purposes............................... 88 general powers and duties of board of................................... 110-112, 201, 202 physicians to report infected patients................................... 110-111, 253, 254 act concerning health regulations............................................... 201-205 duties of health officer............................201, 202, 2083 204, 251, 252, 258 ordinance concerning................................................... 250-260 penalties for offenses against.................................................... 25 260 HEALTH OFFICER, appointment, removal and salary............................... 201, 202 duties of................................................... 201-204, 251 —258 HOOPS, rolling of, power to prevent................................................. 27 ordinance concerning............................................................... 287 HORSE RACING, power to prevent............................................ 26 on streets, etc........................................................ 285 HORSE RAILWAYS, power to regulate running of ears................................... 29 power to regulate laying of tracks....................................................29 general ordinance concerning.................................................. 260-268 gauge and rail of................................................................ 260, 261 sprinkling of streets by............................................................ 261 tracks not to obstruct streets.................... 261, 891, 895, 403, 407, 415, 416, 418, 428 improvement andrepair of streets by, 261, 262, 891, 895, 898, 4083, 409,*41417, 420, 421, 424, 428 48,48, 485, 486, 488, 489, 441 not to stop cars on cross streets................................................... 262 teams and vehicles to give way to........................................... 262, 26, 881 charter of Chicago City Railway Company..............................89........2 charter of North Chicago Railway Company.............................. 879-2 charter of Chicago West Division Railwa y Company............................,8888 penalty for obstructing either of said companies................................... 84 charters of said companies extended and powers enlarged........................ 88 9 charter of Chicago and Evanston Railroad Company........................... 885, 88 ordinance, favor of Mason and Phillips........................................889 898 ordinance, favor of Fuller, Parmelee and Bigelow............................... 893-8399 ordinances, north division....................................... 898938, 427T-442 ordinances, south division................... 889-406, 4()8418, 428426, 432, 438, 486-42 ordinances w et division.......;............. 89S408' 410-423 ordinances, west division.....................................89-408, 41-28 ordinance, favor of Chicago and Evanston Railroad Company.............46... 486442 liability for baggage..............................................................8..0, 88 consent of property owners to construction of, when required............ 881-888, 420,428 restrictions as to power to be used.............................. 882 890, 394, 402, 421, 425 fare...............................888, 391, 892, 895, 408, 422, 425, 426, 428, 485, 489 purchase of, by city.............................................. 892, 393 397 control of, by common council.................................. 890 891, 408 414, 428, 484 for what purposes may be used.................................. 390, 894, 895, 402, 421, 425 liability for negligence.................................-....... 408, 429, 481 funeral facilities by.............................................. 42, 425, 484, 435, 489, 440 contracts, covenants, releases, resolutions and stipulations by, 405, 406, 408, 412414,417, 422, 428, 486,441, 442 HORSES, power to restrain, (see Ponds, Teames)......................................... 27 crossing bridges, not more than eight at once................................... 216 indecent exhibition of stud horse, penalty........................................... 1 immoderate driving on streets............................................25.......5 HOSPITALS, power to establish, (see ffel.t.)..................................... 1 superintendence of................................................................. 5 keepers and assistants, power to appoint.............................................. HOUSE OF CORRECTION. (See Bridewell.) 677 INDEX. 6'T8 INDEX.s HOUSE OF REFUGE, power to establish, (see Reform Sohool)............................ 81 HOUSES OF ILL FAME, power to suppress............................................. 25 punishment for................................................................. 281, 282 HYDRANTS, public, power to regulate......................................................28 power to construct.................................................... 188 ordinance concerning............................................................ 860-368 ICE, cutting and sale of, power to regulate................................. 2....... 28 impure, power to restrain sale of........................................28 ordinances concerning.................................................. 286, 442, 448 ILL FAME, keepers, inmates and frequenters, punishment of........................... 281, 282 IMMODERATE DRIVING, power to restrain............................................. 26 penalty for.......................................................................... 285 IMPOUNDING, power to authorize, (see Pounds).......................................27 IMPRISONMENT, power to enforce ordinances by..................................... 82, 288 IMPROVEMENTS. (See Public Improvenents.) INDECENT EXPOSURE, power to prevent.......................................... 26, 27 penalties for.........................................8...........1........, 282 INFANTS, guardians of, when necessary, how appointed.................................... 74 INFORMER, reward to......................................................... 295, 819, 820 INSPECTION, of fish................................................. 16, 17,18, 28, 28, 264 of lumber.............................................................................28 of salt. flour and othier provisions.......................................... 28, 264-268 of gas meters..................................................................... 269 of whisky and other liquors................................................. 28, 269-271 of petroleum, eto................................................4 3........... 805 of wood............................................................3...67-470 INSPECTORS, power to appoint......................................................... 5, 28 fees of, power to prescribe..........................................................28 how appointed...................................... 10 191 fees of...................................... 17, 167, 2683, 264, 267, 269, 271, 805, 867 INSPECTORS OF ELECTION, how appointed............................................. 10 number of.........................................................................5 duties, powers and liabilities of.........................................12..............1 INSURANCE RATES, how collected and appropriated........................... 81, 82, 88,121 INTELLIGENCE OFFICES, ordinance concerning.................................. 2n, 272 INTEREST, on funded debt, to be raised by annual tax................................ 45,46, 80 to be paid by comptroller................................................ 6,142, 154 power to provide for, by temporary loans............................ 47, 147,156 JAIL, power to enforce ordinances by imprisonment in....................................... 32 board of prisoners, when city not liable f o r.............................159, 516 JOB PRINTING, how to be d o n e......................................................... 190 JUDGE, citizens competent in city actions................................................. 159 JUDGMENTS, against city, power to provide for, by temporary loans......................45 JUNK SHOPS, power to tax license and regulate...................................... 24, 25 ordinance concerning................................................... 27274 JUROR, citizens competent in city actions........................................................ 159 JURY DUTY, who exempted from........................................... 15, 110,120,121 JUSTICE, citizens competent in city actions............................................. 159 KITES, flying of, power to regulate......................................... 27 penalty for............................................................................. 286 LAKE. (See uisance8.) TLAKE VIEW AVENUE COMPANY, charter and ordinance concerning.............. 448 II8 LAMP POSTS, power to erect............................................................ 60 mode of procedure................................................ 60, 61 62, 73, 178,179 ordinance concerning...............................................274, 275 LAMPS, lighting of, power to regulate.....................................................29 superintendence of................................................................ 52 power to levy tax for................................................80 ordinance concerning'.................................................... 274, 275, 849 LAND SURVEYORS, power to license, (see Sufrveyors of Land)........................ 50, 51 LANES. (See Street8.) LARD, steaming and rendering of, power to license and regulate, (see Nrisances)...... 25, 26 678 INDEX. INDEX. 679 LAW DEPARTMENT, officers of.................................................... 16,16 LAWS, former, governing the city. (See Appendio.) LEGAL PROCEEDINGS, comptroller to have supervision over............................. 8$ LICENSES, power to issue................................................................25 not to be granted for more than one year.............................................25 fees for......................................................................... 25, 50 ordinance concerning............................................27..........5, 276 (See Auctions. Boot Blacks, Gunpowder, Intelligme/ O6 es, Jrtk Dealers, Markets, Newsboys, Pawnbrokers, Peddlers, Porters ad Runer8, Sale by &pple, Soavngers, Shows, Spirituots Liqtors, teclsel.) LIEN, against vessels..................................................80,248, 246 of special assessments....................................................75, 76 of taxes............................................................................ 87 of water rents................................................................ 148 LIGHTS, in stables and out-houses, power to regulate......................................26 regulations concerning............................................................227 in streets, superintendence of.......................................... power to levy taxes for.........................................80 LIQUIDS, dangerous, ordinance concerning......................................80806 LIQUORS, sale of, power to regulate, (see pirituoas Liquors)............................. 24 inspection of, power to regulate........................................28 ordinance concerning inspection of.................................269-271 LO(COMOTIVE ENGINES, power to regulate use of, within city, (see Railroads)...........29 encumbering streets with, penalty...........................................35, 84 LOTTERIES, punishment for............................................................ LUMBER, storing of, within fire limits, power to regulate..................................28 measuring and inspecting of, power to regulate........................................28 LUMBER YARDS, power to prohibit, within fire limits.................................28 regulation concerning............................................................ 20 MARKETS, power to establish and regulate............................................ 26 superintendence of..........................................., 279, 280 ordinance concerning..,.,.................................................. 277-280 MAYOR, election of......................................................6 term of office...................................................... power of appointment to office..........................................10 power to fill vacancies..............................................8,11 vacancy in office, how filled.....................................11 general duties of.....................................................................14 salary of............................................................................14 to preside over common council..................................... 14, 22 a member of boards of police and public works................................... 14,49, 97 power to administer oaths............................................................ 14 veto, power of.......................................................................15 acting mayor, how appointed, and duties........................................ 15, 297 may call special meetings of common council........................................22 to countersign all warrants on the treasurer................... 86, 89, 58, 108, 124, 187, 199 power to remove defaulters............................................7............... may remove treasurer and collector for misconduct................................ 40, 42 power to release prisoners from bridewell............................................. 114 no longer member of boards of police and public works................................ 196 MEAL, inspection of, power to regulate........................................ 28 MEATS, sale of, power to license and regulate, (see Markets).............................26 MENDICANT CHILDREN, power to provide for, (see Reform Sehool)..................... 31 MENDICANTS, power to restrain and punish, (see Beggars)......................... 27 MICHIGAN AVENUE, power to widen and improve.................................... 77, 78 encroachments on public grounds east of, prohibited................................... 78 MILITARY DUTY, who exempted from......................................... 110,120,121 MILK, selling impure, penalty............................................................ 287 MISDEMEANORS, ordinance conceerning............................................. 280-288 MULES, power to restrain.................................................................. 27 MUNICIPAL YEAR, when to commence..................................................6 MUSICAL ENTERTAINMENTS, power to license and regulate, (see Shows)...............25 MUSICIANS, bands crossing bridges................................................. 217, 218 NEWSBOYS, ordinance concerning.................................................. 289, 448 NOISE AND DISTURBANCE, power to prevent....................................... 25, 27 penalty for.................................................................... 287, 6-79 INDEX. qw 680 INDEX. NUISANCES, power to define and abate, (see Markets, Mis~dmeanors, 2T,ers).... 2,81 assessments for removal of....................................... T, 74,179 expense of removing, recoverable by suit................................7,74 board of health may abate............................................ 110 health act concerning................................................ 20( ordinance concerning............................................ 290-295 OATH, officers empowered to administer................................. 14,15, 86,52,100, ilO of voters..........................................................18 of city officers.................................................................... 14 of commissioners of public works.......................................58 of police commissioners..............................................................9T required of all clerks in treasury department..........................................48 to be taken by all police officers.................................................... 109 accounts of treasury officers to be verified by...............................44 OFFICIAL BONDS, when to be filed..................................11,12,19,20 may be required of all city officers....................................... 19 by whom to be approved.....................................................1, 9T, 196 city officers not to be sureties on.........................................11 may be required from persons licensed................................................ 25 of comptroller............................................................85 of treasurer.............................................................41 of collector........................................................42 of commissioners of public works..................................... 49, 50 of police commissioners........................................................... 97, 196 of police court clerk........................................................... 115 of superintendent of reform school................................................ 181 of land................................. 50, 51 of fish inspector............................................................s1 of assistant fish inspector..............................................1.............1l of constables................................18, 18, of school agent...............12 19 of officers of police.................................................................... 101 OFFICIAL BOOKS AND PAPERS, to be surrendered by retiring officers..................20 OFFICERS, of city, enumerated.......................................... 5, 182 to be elected by the people........................................6,7, to be appointed by mayor............................................. 10 to be appointed by common council..................................................10 to be appointed by mayor and common council.................................... 9,10, 85 to be appointed by board of public works..................................50 vacancies. how filled................................................................ 8,11 removal of........................................................8, 10, 85,74 42, 11T qualifications of......................................................8, 9 1299 194, 195 bonds of, when to be filed......................................... 11 12 not to be taken as sureties by city....................................... 11 to bs notified of election or appointment..............................................19 within what period to qualify.......................................................1i to be sworn..................................................................14 duties of, may be defined by common council.........................................19 may be required to give bonds.......................................................1W to transfer official books and papers to their successors................................ 20 how commissioned.................................................. 20 may be removed for taking illegal fees..........................................0, 21 paid by salary, to pay all fees Into city treasury....................................21 may be required to make reports to common council...................................28 In receipt of city revenue, may be removed if delinquent........................ 3T, 40, 42 salaries, how paid............................................................. 21,194 when to be established.............................................................. 18T OMNIBUS DRIVERS, power to license and regulate, (see Trehe8)....................... 24 not to stop on street crossings........................................................,9 ORDERS, to raise or appropriate money, how to be passed by council........................2 ORDINANCES, to be approved by mayor...................................... 15 to take effect If not disapproved.....................................................15 publication of............................................ 0,158,160, 200 the referred by common council to committees............................ 2. to raise or appropriate money, how to be passed by council......................28 power of common council to pass, amend and repeal.........................82 observance of, how enforced..................................................2,113,114 Imposing penalties, to be published before going into effect.......................... 158 former, continued in force.................................................. 158, 200, 5 when to be received as evidence..................................................... 160 ratification of various acts and................................................. 186, 18T ordinance concerning..........................................................:29-298 PACKING HOUSES, power to license and regulate, (see Nuisances)........................ 25 PARKS, superintendence of............................................................... 5 power to purchase and lay out...................................................... 60 680 INDEX. IDX. 681 PARKS -contined. power to improve......................................................60 expense, how paid....................................................... 76 ordinance concerning............................................................ 298, 299 PAWNBROKERS, power to tax, license and regulate.......................................24 ordinance concerning........................................................... 29 —011 not affected by junk-dealers' ordinance............................................... 2T4 PEDDLERS, power to license and regulate, (see Newsboys, Slo b/y ne)................25 ordinances concerning..................................................... 66 to have weights and measures sealed................................................ PENALTIES, power to impose................................... 82, 71, 72,146, 157 power to remit............................. 114 ordinances imposing, effect 158 commutation of......................................................284 in criminal cases in city to be paid into city treasury................................518 PERMANENT IMPROVEMENTS, power to levy taxes for, (see Public yroses'aats) 76, 80 PERMITS, for removing buildings.............................................58 for depositing building materials in street........................................58 for raising buildings and sidewalks.............................{5 for constructing vaults under sidewalks and strees...........................58 for erecting frame buildings within fire limits...............................58 for draining into river or canals.............. 184 fees for....................................................................., 84T regulations concerning............................................................... 84T PEST HOUSE, power to establish, (see Hfealth)............................................81 PETITIONS, to common council, to be referred to committees...............................28 PETROLEUM, ordinance concerning................................................ -6 PHYSICIANS, to report cases of infectious disease, (see City Phyeician, Hfealt?)...110, 28, 254 penalty for neglect.................................................:f1l25, 254 PLATS, of subdivisions, to be approved by board of public works..........................51 POISON, sold, to be labeled...........................................................285 POLICE. (For former laws, see Aippemi,om.) BoARD OF................................................................... 96-112 of whom composed...............................................;.., 14, 97, 196 mayor no longer member of..............................................19 election of commissioners.................................., 8,160,161, 198, 194 their term of office............................................7 8, 198, 194 qualifications of commissioners............................................... 8,194 vacancies, how filled............................................................. 8,196 removal of commissioners............................................. 8, 9 oath and bond of commissioners.........................................9, 196 commissioners' salary......................................................99,194 to appoint president and secretary........................................9T secretary's salary.....................................................97 general powers and duties................................................,19196 power to construct telegraph..........................................................9 power to establish rules and regulations................................98, 99195 power to suspend members of nolice force...............................99,196 power to establish precincts and stations............................... 106 power to appoint sp-ecial policemen and patrolmen........................108,,104 to keep. general complaint books...................................................05 to keep books for registry of lost and stolen property......................... 105 to keep a record of police force...........................................,......106 to keep books of account..........................................:........... 106 to keep a record of proceedings.......................................... 106 to provide accommodations for detention of witnesses........................107 to furnish annual estimate of police expenses.........................1..., 108 to furnish annual estimate of expenses of fire department......................198 tower to incur expense, limited......................................... 108 books and accounts of, subject to inspection................................ 108 to furnish information to common couneil, if required......................... 108 to cause ordinances to be enforced.......................................108 power to subpoena witnesses.................................................100 109 power to administer oaths..................................................0. to require security from officers of police.............................................. 109 to rea(ire members of police force to take oath of office....................... 109 to m annual reports as to police and fire departments...................109,199 to act as a board of health.............................................110 power to abate nuisances.............................................. 110 other sanitary powers................................ 110-112, 201,202, 250-260 as to job printing.............................................. 190 fire-arms and military equipments, under control of..........................196 control of fire department....................................................... 197 to appoint health officer.........................................................202 PoLicR Foece, organization of.........................................98,195 appointments to, how made...........................................$I,.98.... whoineligible......................................................................., 19 681 INDEX. 4* 0-1 N 4 682 INDEX. POLICE- POLICE FORCE — ontiued. removals to be made only for cause...........................................99,195 196 charges, how to be made and tried.....................................100,..........101 members removed, not tobe re-appointed................................. 104 not to retain attorney for persons -arrested........................ 100, 195 members to receive no fees or presents.......................... 99,100, 194, 195 pay of officers and members.......................................99 185 186 194 appointment of superintendent and other officers........................9, 9....... 99 members not to become or furnish bail for persons arrested.......................... 107 members not to resign without giving previous notice................................ 104 not to conduct prosecutions in police court............................................. 116 powers of policemen................................02,, 80, 812, 8579 ~~~~~~~102,1,8 —0,1,85 —5 may serve civil process issued by police court.........................................102 superintendent to act as chief................................................ 108 superintendent to make reports quarterly........................................... 109 exempted from military and jury duty, and arrest on civil process................. 110 arrests made by, to be reported...................................................... 106 persons arrested may give bail....................................................... 107 detention and examination of arrested persons..................................... 106 provisions respecting seizure and custody of stolen property............. 104,105,106,107 police life and health insurance fund................................................. 101 penalty for refusing to arrest criminals............................................... 110 penalty for assaulting policemen when on duty........................................ 110 penalty for fraudulently pretending to be a policeman..........................0, 308 POLICE EXPENSES, made a city charge.................................................. 107 power to levy taxes for...........................................79, 107, 186, 197 warrants on police fund, how drawn...................................... 108 power to appoint police officers for county and town authorities................................. 107 ordinance concerning police department......................................... 806 —-08 MAYOR's POLICE...................................................................... M8 POLICE COURT................................................................. 11-118, 191 justices of, how designated.............................................118, 161 191 jurisdiction of...................................................................... 118 sessions to be held daily............................................................ 118 powers and duties of justices........................................................ 118 execution, when and how issued............................................. 118, 114 appeals and change of venue........................................... 114, 191 actions in, by city, how brought........................................... 114 sessions of, where to be held........................................., 11, 118, 8,191 penalties imposed by, power to remit.............................................. 114 clerk of, provisions concerning.................................... 115,118,191 ~~~~o~~ ~ o....................... power to appoint clerk Ho t/................................................. 115 witness fees, when to be taxed....................................................... 116 witness fees to be paid into city treasury.................................. 116 witnesses for city, how paid......................................................... 116 police officers not to conduct prosecutions...................................... 116 power to appoint prosecuting attorney>................................... 117 is salary and duties.........................................................117,118 POLICE COURT CLERK, election of...............................................,115 term of office..................................................... 6, 115 oath and bond of....................................................115 salary of.........................................................115 powers and duties of......................................................... 115, 116, 117 may be removed for neglect of duty.................................................. 117 Power to appoint, pro ten., by police court........................................... 115 eputies......................................................................... 115,191 POLICE FUND, how raised and disbursed.................................. 79, 107,108,186,197 POLICE JUSTICES, how designated...............................................118,161,191 term of office........................................................................ 118 vacancies, how filled............................................................ 118,161 powers and duties of.......................................................118,116 salary of.........................................................................1. to relinquish fees to city.............................................. 115 POLLS, at elections, when to be opened and closed.......................................... 12 POLL TAX, abolished......................................................................81 PORK, inspection of, power to regulate................................................... *28 PORTERS, power to license and regulate....................................................24 ordinance concerning...................................................... 809-812 POST OFFICE BOXES, on lamp posts.....................................27.....4, 275 POUNDS, power to establish, (see Dog8s)...................................................28 ordinances concerning.......................................... 812-816, 870, 871 PRIVIES, power to cleanse and remove..................................................... 25 power to regulate.............................................................. 81, 152 regulations concerning.........................................201,298, 823, 324, 31, 882 PROPERTY OF CITY, penalty for injury to...................... 77,148,156,157, 245, 247, 882 PROSTITUTES, power to restrain and punish...............................................27 ordinance concerning................................................................282 PROVISIONS, Inspection of, power to regulate.............................................28 682 INDEX. I- X 8 PUBLICATION OF ORDINANCES, when and how to be made................... 20,158,160 ~>~~ in German language.......................................................2... 0,200 PUBLIC BUILDINGS, power to erect................................................... 26 superintendence of.................................................52 * > ~~ ~ repairs on, how paid................................................. 76 penalty for willful injury to..................................................... 77 PUBLIC CONVEYANCES, sanitary regulations as to......................... 2........ 2-60 PUBLIC GROUNDS, encumbering of, power to prevent.....................................26 superintendence of....................................................................52 power to purchase and lay out........................................................60 power to improve.....................................................................60 expense of, how paid..............................................76 penalty for willful injury to.............................................77 east of Michigan avenue, special provisions concerning....:........................ 7T, 78 ordinance concerning............................................................ 298, 99 PUBLIC IMPROVEMENTS........................................................... 59-79 expenditures for, from general fund, limited..................................44, 45 power to borrow money for, in case of accidents..............................5 superintendence of...................................................52 to be let by contract................................................55.........4, contracts for, when payable by special assessment............55 power to completa without contract in certain cases............................... 55,56 -t ~ ~ ~ power to make, and assess expenses therefor................................ 60 maybe made before assessment......................................... 179 applications for, to be made or referred to board of public works.................... 60 61 when vote of common council must be by ayes and noes............................. 62 when three-fourths vote required.........................................62 proceedings for condemnation of real e s t a t e 68.........6 improvement of streets.................................................... 69, 70, 177, 178 construction and repair of sidewalks and drains.....................8......, 177,178 expense of river improvement maybe defrayed by tax.........................76 river improvement, when payable from general f u nd...........................76 river improvement, when payable by assessment.......................... 60, 69 river or harbor improvement made without contract............................... 180 PUBLIC SQUARES, power to lay out.........................................60 power to improve...................................................................60 expense of, how paid................................................................ 76 penalty for willful injury to.......................... 7.................... ordinance concerning........................................................... 298, 99 PUBLIC WORKS. (For former laws, see Appendis.) BOARD OF, of whom composed.......................................14, 49, 182,196 mayor no longer member of................................................... 196 election of commissioners.................................................. 7, 8,160, 161 their term of office..................................................................7, 8 qualifications of commissioners....................................................... 8 vacancies, how filled................................................................ 8 removal of commissioners........................................ 8, 9, 56, 57 commissioners' salary..............................................4, 182 bond of commissioners.................49,50 oath of commissioners.............................................................. 58 to appoint president and treasurer..................................... 50 to appoint secretary.................................................................50 to appoint a city engineer..............................................50 power to license land surveyors........................................50, 51 to approve plats of subdivisions.......................................... 51 power to employ assistants...........................................1, 2............ uoru~~~~~~~~~~~~~~~~~~~~~~1.52 office expenses, how paid...................................................52 quorum of..........................................................52 to keep record of proceedings 5............................................52 to preserve copies of plans and contracts............................................... 52 to make annual reports...............................52, 147. 156 power to administer oaths.............................................52 general powers and duties of..........................................88,52,.58 to make special assessments..........................................5, 54 contracts by, how to be made.................................................... 55 may grant estimates to contractors, as work progresses.........................55 power to employ workmen to complete improvements.................... 55,56 purchase of materials, how made......................................................56 advertisement for bids dispensed with in certain cases............................ 56 contracts and bonds to be in name of city..................................56 not to be interested in contracts.....................................................56 to have exclusive charge of water and sewerage works.........................57, 188,149 to pay over weekly all public moneys to treasurer............................57 to carry out contracts of water and sewerage commissioners.......................... 7 to furnish annual estimates of sums required for repairs and improvements............57 president to certify to all bills contracted...............................,........... 587 president to countersign all treasury warrants for public work.................... 58..... not to profit from deposit of public funds.......................................... 58 not to use public moneys...............................................58 provisions concerning custody of public moneys..............................58 683 INDEX. 68 NDX PUBLIC WORKS -continued. embezzlement by, defined and punished.......................................... 58 59 liable on official bonds for loss of public moneys....................................... 0 to keep accounts of receipts and expenditures...................................... 59 accounts of, subject to inspection.....................................................59 to receive and report on all applications for public improvements................. 60, 61 power to recommend improvements....................................................61 assessments by, for condemnation of real estate................................... 68 to record condemnation proceedings........................................68 to pay over damages for land condemned............................................. 67 to publish notice of readiness to pay....................................... 68 assessments by, for dredging river.......................................... 69 assessments by, for improving streets................................. 69, 70, 177,178 assessments by, for sidewalks and drains................................ 71, 72, 177, 178 assessments by, for lamp posts................................................, 178,179 assessments by, for removal of nuisances..............................78,74.179 to make new assessment, when first annulled or insufficient.................. 66, 70, 75, 76 not to serve as assessment commissioners when interested.............................76 duties of, in relation to water works.......................................... 187-148 duties of; in relation to sewerage works.......................................... 148157 may make improvement before assessment..........................................,179 ay improve river and harbor without contract................................. 180 provisions for cleansing the river................................ 18-184, 206-208 powers as to job printing........................................................... 190 ~ to regulate............................................ 28 QUALIFICATIONS, of city officers......................................................12 of voters.........................................................................13 of assessors..................................................................... 9 of police commissioners............................................................ 8,194 of commissioners of public works..................................................... 8 of aldermen......................................................................... 6 of police officers....................................................... 98, 99,195,196 QUARANTINE, power to make laws of..................................................27 power to remove vessels to....................................................... 111 112 ordinance concerning............................................. 255260 QUORUM, of common council................................................................22 of board of public works...............................................52 of board of police......................................................97 of board of guardians................................................. 180 RAILROAD CARS, sanitary regulations as to.......................................... 255260 encumbering streets with...........................................,817, 819, 84, 84 RAILROADS, location of tracks, power to direct............................................ 29 power to require building of bridges at crossings.....................................29 power to regulate running of horse-railway cars.....................................29 power to regulate laying of hore-railway tracks..............................9....9 to derive no additional rights from revised charter................................... 162 provision concerning use of tracks in streets by different companies.............. 162,168 general ordinance concerning.........................................,a........... 81620 speed, lights, whistle, bell, regulations concerning............................... 816 317 obstructing streets, with cars, buildings or materials....................6...... $317, 819 ~~~~~~~~" 816 7 BI, $19 s boards, top peed, Ring te Bel...................................... 17 818 cylinder cocks not to be open to permit escape of steam.............................. 818 engineers and conductors to be furnished copy of ordinance........................... 818 names of engineers and conductors to be furnished to officers of city, when, etc...... 818 fagmen, where stationed, and duties................................ i............. 818, 819 penalties for violating ordinance...................................................... 819 Informers, reward to............................................... 819, 820 special ordinances concerning............................................ 449-512 Chicago, Alton and St. Louis railroad company.............................. 497-99 Chicago and Milwaukee railroad com pany........................ 472, 473, 480-488 Chicago and Mississippi railroad company................................... 465,466 Chicago and Northwestern railway company..................... 480486, 488491 Chicago and Rock Island railroad company........... 450458, 466, 467, 480, 487, 488 Chicago, Burlington and Quincy railroad compan y..............495497, 506509 Chicago, St. Charles and Mississippi air-line railroadcompany............. 460-468 Chicago, St. Paul and Fond du Lac railroad company................. 478476 Fort Wayne and Chicago railroad company..................... 468465, 497-499 Galena and Chicago Union railroad company.................. 449, 450, 491,499-508 Illinois and Wisconsin railroad company.................................. 459, 460 Illinois Central railroad company...................... 454 159, 467, 468, 498, 494 Joliet and Chicago railroad company.............................. 469-471, 492, 498 Michigan Southern and Northern Indiana railroad company.... 466, 467, 480, 487, 488 Pittsburgh, Fort Wayne and CMcago railway company 468 69, 4 —40, 487, 488, 489, 492-495, 504, 505, 50912 South Branch canal company..y............................... 471,472 protection of city front against lake, by Illinois Central railroad company, 4 459, 467, 468 684 INDEX. -~ ~ ~~IDX 6 RAILROADS-continued. regulations concerning bridge to be erected by said company...................... 498, 494 connecting blocks 87 and 88 in school section with railroads................. 480, 487 488 connecting warehouse of L. Newberry & Co. with railroad............................ 491 connecting elevator of Steele & Taylor with railroads............................ 491-499 contract with Galena and Chicago Union railroad company as to State street bridge, etc...................................................... 499 508 vacation of part of Adams street, and construction of tunnel at Washington street 509-12 RAILWAY COMPANY, how assessed for improvements........................... 69, 70, 178 RECEIPTS AND EXPENDITURES. (See E0pendture8.) annual statement of, to be published............................................. 87, 88 annual estimate of, to be furnished by comptroller.....................................88 monthly statements of. to be published.................................88,............. 89 treasurer to make report of, annually................................................40 accounts of, to be kept by board of public works.............................59 RECONSIDERATION, at special meetings of common council, power limited..........28 RECORDER, compensation of..............................................21 power to sentence criminals to city bridewell........................................ 159 RECORDER'S COURT, acts concerning.............................................. 51218 REDEMPTION, from tax and assessment sales...................................... 92, 95 96 REFORM SCHOOL. (For former laws, see Appe..di....................... 129-187 objects of.....................................................180, 185 power to purchase lands and erect buildings......................................... 180 government of, in whom vested..............................................180 superintendent of; how appointed.......................................180 duties of superintendent..........................................18 182 bond of superintendent.......................................................... 181 power to remove superintendent........................................ 182 commissioner of, how appointed...................................................... 12 powers and duties of commissioner......................................... 182,183,184 compensation of commissioner........................................ 182 commitments to, by justices and police magistrates......................... 182,183.184 commitments by courts of record....................................134, 185 period of detention..................................................185 power to discharge from.............................................. 185 power to bind out inmates.....................185 186 for girls, power to establish..................................................... 186,1T power to levy taxes for.......................................... 79, 80,187 funds, how disbursed............................................................... 187ST BOARD OF GUARDIANS, howconstituted............................................. 9,180 appointment of guardians.....................................................9,161 term of office......................................................................... 9 to receive no compensation........................................................21 not to be interested in contracts.....................................................21 officers of board....................................................................... 180 duties of........................................................ 180 to make annual reports............................................... 180,181 to furnish annual estimate of expenses................................................. 1T REGISTRATION, of births and deaths, power to regulate.........................................28 REGRATING, power to prevent and punish............................................24 RELTIGIOUS WORSHIP, disturbance of, power to punish................................... 82 punishment for disturbing.........................................281, 287 REMOVAL FROM OFFICE........................................ 10, 1120,, 21 of commissioners of police and public works................................. 8, 9, 56, 5T of officers of treasury department........................................... 85, 8, 40 42 of police court clerk................................................................. 117 of police officers...................................................9, 99, 10, 10,1, 195,196 of school agent...................................................................... 198 RENDERING ESTABLISHMENTS, power to prohibit, license and regulate.......... 25, 26 regulations concerning, (see Urisoe8)......................... 0-20., 290-298 REPORTS (See ABU4.eporte.) of committees in commoa council, when to be laid over and pule.............28 may be required by common council from city Qffi~er..........................................28 of receipts and expenditures, to be made monthly by comptroller.............. 88,89 collect.or to make, weekly................................................................... 41 to be made weekly by board of public works toelr......................*..7 by school agent................................................................ 127,188,198 RESERVOI,RS, public, power to regulate.................................................26 power to construct................................................................... 188 RESOLUTIONS, to raise or appropriate money, how passed.........................28 RIOT, power to prevent.I.....................................5......................... penalty for....................................................... 287 RIVER, power to remove obstructions in, (see H'arbor, Nis8ae#).........................24 power to widen and de epen.................................... 24, 60 extent of, city's jurisdiction.......................................... 68.5 INDEX. 4w lw y it ir, 686 I D EX. RIVER- contitued. improvements, under superintendence of board of public works......................52 proceedings for widening........................................................ 60-68 proceedings for deepening...................................................... 60, 61, 69 expense of improving, may be defrayed by general tax.............................. 76, 80 improvement without contract........................................................180 provisions for cleansing................................................. 180-184,206-208 ordinance concerning............................................................. 518, 519 RUNNERS, power to license and regulate..................................................28 ordinance concerning.......................................................... 309812 SALT.ARIES, of mayor.......................................................................14 of commissioners of public works............................................... 49,182 of police officers.......................................................... 99,185,186,194 of other officers, to be established by common council............................. 20, 21 when payable................................................................ 21194 when to be established............................................................... 18 of fire department................................................................. 199 SALE BY SAMPLE, ordinance concerning........................................... 820 SALES, for taxes and assessments, how conducted........................................ 91 92 when to be made................................................................... 94,95 certificates of, assignable.............................................................98 redemption from................................................92, 95, 96 record of, tobe kept by comptroller...................................................92 erroneous, to be canceled................................................... 98 SALT, inspection of, power to regulate......................................... 28 SCAVENGERS, ordinance concerning..................................... 821-424 SCHOOL AGENT, how appointed................................................. 10,192, 193 term of office.......................... 10 192 to give bond............................................................. 19, 20, 1283, 198 powers of......................................................... 128 compensation of.................................................128,198 to report quarterly to common council............................................. 12T to report monthly to board of education...................................... 188 to report when required............................................... 193 SCHOOL DISTRICTS, power to create........................................ 128 of South Chicago, abolished......................................124,125,162 boundaries of.................................................................. 82426 SCHOOL FUND, management of................................................ 122, 128 principal not to be impaired.......................................................... 122 Interest to be used only to pay teachers.............................................. 122 to be kept loaned.................................................... 128 mode of investment............................................... 128 when new securities may be required................................................ 124 debts due to, from deceased persons, to be paid first........................... 124 loans overdue to bear 15 per cent. interest..................................124 judgments to bear 12 per cent. interest.............................................. 124 power to purchase land for school fund on execution sales...................... 124 judicial costs not to be charged to........................................124 SCHOOL LANDS, improvements on, subject to taxation...................................81 management of.....................................................122 SCHOOLS. (For former laws, see Aopeodi)................................. 121-129 power to establish and support.....................................................128 power to create districts...............................................128 to be established in each district......................... 125,192 who may attend............................................................ 125,126,192 children from adjoining towns, when................................................ 192 for negroes and mulattoes............................................. 125 disturbance of, power to punish......................................... 82 punishment for disturbing.............................................281 power to levy taxes for...........................................................,188 teachers not to be interested in purchases, or work done for.....................21 management of school lands and fund................................ 121-124 school-tax fund..................................................... 124 ordinance concerning............................................. 824829 BOARD OF EDUcATION, how constituted............................... 9, 191,192 members to receive no compensation....................................... 21 not to be interested in sale of school books................................. 129 not to receive gifts, etc................................................ 129 not to be agents of booksellers..........................................129 powers as to job printing.............................................. 190 employees not to be interested in purchases, or work done for schools..................21 powers and duties of..........................125-128, 192 teachers to report monthly....................................................... 126 officers of................................ 12T to keep a record of proceedings............ 1.................. powers to be exercised only at formal meetings...........................,189 686 INDEX. INDEX. 68 SCHOOLS -continued. proceedings to be published......................................................... 12T to make annual reports......................................................... 128 power to appoint superintendent........................................ 128 duties of superintendent......................................................... 128,129 superintendent not to be interested for bookseller, etc..................................129 SCHOOL-TAX FUND, how raised...................................................... 79,188 how used and disbursed............................................... 124 bills chargeable to............................................ 126, 28, 829 SEAL, ordinance concerning.............................................................. 29 SEALERS OF WEIGHTS AND MEASURES. (See Weights a" Measture".) power to appoint...................................................................., 29 ow appointed,....................................................10,191 SECOND-HAND GOODS, dealers in, power to tax, license and regulate..2............ 25 ordinance concerning...............24..............................224 SEWERAGE FUND, office expenses chargeable to................................52 to be raised by annual tax........................................................ 80,155 to be used only for sewerage purposes.......................................... 153, 156 power to invest surplus............................................................. 154 SEWERAGE WORKS. (For former laws, see AppXi)......................11...... T1 superintendence of.......................................4................. 5,149 contracts for, to specify they are for said works........................................ 5T moneys received for permits, to be paid over weekly to treasurer.......................57 contracts for, to be paid from sewerage fund.......................................... 5T contracts made by sewerage commissioners to be performed by board of public works.. 5T power to levy taxes for............................................. 80,155 power to make surveys.............................................................. 149 power to purchase books and charts.................................................. 149 power to lay sewers.............................................................. 149,150 power to construct canals............................................................ 150 power to purchase real estate......................................................... 150 power to enter upon lands and agree on compensation................................ 150 power to condemn lands for..................................................... 150,151 power to change grade of streets.......................,........................... 151 connections with private drains................................................ 151, 152 power to construct private drains......................................... 151,152 power to regulate construction and drainage of privies and cesspools................. 152 power to issue bonds......................................................... 152,158,154 provisions concerning issue and sale of bonds.................................... 158,154 principal and interest to be paid by comptroller....................................... 154 power to purchase outstanding bonds................................................. 154 board of public works to report annually amount required for sewerage purposes...... 155 treasurer to report monthly to board of public works amountof sewerage tax collected 155 facts to be stated in annual report.................................................... 156 power to borrow money to pay fiterest on sewerage bonds............................ 156 sewerage accounts to be kept separately 1................................ 156 penalty for willful injury to sewers........................................... 156, 157, 882 power to make rules and regulations concerning sewers........................1...... 157 sinking fund provisions............................................ 155, 16T SEWERS AND DRAINS, ordinance concerning................................... 808 SHEEP, power to restrain...................................................2...............7 SHOOTING GALTTERY, penalty for keeping.............................................. 288 SHOWS, power to license and regulate.................................................. 25 ordinance concerning........................................................... 8-384 SIDI)EWALKS, encumbering of, power to prevent.......................................... 26 power to compel removal of snow and ice from..............................2..........T power to control and regulate........................................................... 80 superintendence of................................................... 52 permits for raising...........................................................58........8 construction of vaults under, how regulated...........................................58 power to construct and repair........................................................ 60 mode of procedure............................................... 60, 61, 62, T71, 72, 11T, 1T8 owners of adjacent property responsible for safe condition of........................ i, 73 penalty for willful injury to........................................................... T penalty for leaving, unsafe................................................. 28T, 889 ordinance concerning....................................................... 0 8T71 obstructing and injuring, penalties for..............................3.......... 889,- 8 SINKING FUND, for general bonded debt............................................... 80, 81 for sewerage debt.............................................................. 155,156,15T SINKS, power to regulate................................................................. 81 ordinance concerning.......................................................... 298, 294 SLAUGHTER HOUSES, power to direct location of, (see Nueisances)................... 25. 26 power to prohibit, license and regulate....................................... 25, 26 ordinance concerning.................................................... 519-"2 SLAUGHTERING, all to be done on premises of John Reid & Co................. 520.5 rules and regulations concerning...................................... 50 687 INDEX. A 1. sI 11 'r )r 688 INDEX. BLIPS, power to fill up and regulate........................................................ 81 power to construct..................................................................60 expense of, how paid................................................. 76 SNOW AND ICE, on sidewalks, power to compel removal of....................... 2t ordinance concerning................................................................. 839 SOAP FACTORIES, power to abate, (see Nurisanee8).................................. 25 SPIRITUOUS LIQUORS, sale of, power to regulate and license, (see Ligqor'8...............24 license for sale of........................................... 25,190, 40-842 no concerts or exhibitions in or through place licensed..............................884 STABLES, power to regulate, (see Nri8ance8)............................................25 lights in, power to regulate........................................................26 regulations concerning..................................................... 22T STATE'S ATTORNEY, city to pay fees of, in recorder's court...................... 167, 522, 528 STEAMING LARD AND TALLOW, power to prohibit, license, etc., (see NLV'i8ances).... 25,26 STONES, throwing, how punished..................................................... 286,288 STREETS, encumbering, power to prevent................................................. 26, 80 obstructions in, power to remove................................................... 27 power to control and regulate.............................................. 2T, 80 to establish and alter grades of..................................................80 superintendence of.................................................. 52 use of, by whom regulated...........................................................53 removal of buildings through..........................................................58 construction of vaults under..........................................................58 use of, for building materials................................................ 58 laying of gas and water pipes in.. 58.................................... 53, 80 power to lay out and widen..........................................80, 60 power to vacate......,............................................ 80, 60,167,168,193, 206 power to improve................................................... 60 proceedings to open and widen................................................... 6068 proceedings to improve.................................... 60, 61, 62, 69, 70,177, 178 cleaning of, expense, how paid......................................................... 76 ordinary repairs, expense, how paid.................................... 7..6 improvements at intersections of, how paid for................................... 76,178 penalty for willful injury to................................................... 77 obstructions of, by rafloads.............................................. 816f, 817, 319 ordinance concerning.................................................34344 names and numbers.............................................................. 843, 348 obstructions and encroachments.................................................. 844 348 injuring and repairing........................................................... 847, 348 STREET TAX, abolished......................................................................81 power to levy................................................... 185 SUITS, by city, to recover penalties, how brought........................................ 114 against city only in court of record................................................ 159 SUPERINTENDENT OF PUBLIC SCHOOLS, how appointed........................... 128 salary of......................................................................... 128 duties of............................. 128,129 not to be interested for, or receive gifts from, bookseller, e t....................129 SUPERVISORS, election of, one from each ward................................... 161,169 board of, to fill vacancy in board of police.................................... 196 may require police-in county, and levy taxes therefor................................. 107 SUPREME COURT, decisions of. (See Appendim.) SURETY, city officers not to be, on obligations made to c i t y................................11 SURVEYORS OF LAND, power to license................................................50 oath of...........................................................50 bondof........................................................ 5),51 license to be recorded................ -:................................ 51 powers of......................................................... 51 revocation of license.................................................................51 SWINE, power to restrain, (see Poo8)...................................... 27 penalty for keeping offensively......................................... 290 for suffering tobe at large..................... —. - 294,818 TAT;TOW, steaming and rendering of, power to prohibit, license, etc, (ae,( s).... 25, 26 TATLLOW CHANDLER SHOPS, power toabate, (see 25saes)....................25 TANNERIES, power to abate, (see Nt~istaes)..........................................._h. 2 power to license and regulate..................................................... 25, 26 TAVERNS, power to license and regulate, (see ritous Lior)..................4 TAXATION, powers of........................ 45, 46, T6, 79-8,185,186, 188, 197 of foreign insurance c ompanies.......................................81 property subject to, how appraised 8......... 84,85 tax lists, when and how made................................................... 84, 85 TAYF.S, power to levy (see Taxation)............................... 9, 80,81,185, 186, 188,19T . improvements on school and canal lands and wharfing privileges subject to.......... 81 collection of.................................................... *96 688 INDEX. INDE 689w TAXES -continued. .4 when andhowlevied. 85 warrants for, when and how issued.......................................................85 lien of, on personal property...........................................................87 lien of, on real estate..................................................... 887 damages for non-payment........................................ 87, 88 ~t~ ~application for judgment for........................................................88 proceedings thereon.............................................................. 89,90 orm ~~~~~~~~~~~~~~~~~~~~~of, 90 ~ I torm of judgment...................................................... 90 process of sale......................................................... 90 power to sell real estate for..............................90 notice of sale..................................9.......0, 91 abbreviations may be used in describing real estate...........................91 sales for, when to be made.............................................9 95 sale for, how conducted......................................... 92 certificates of purchase.................................9l 92, 93 redemption from sales...'........ 92 95 96 deeds for, when and how issued................................................ 95 96 ~>~ ~effect of tax deeds in evidence.................................................... 938 94 formal defects in proceedings not to invalidate levy........................ 89, 95 /~; ~ ~penalty for selling land on which taxes have been paid..........................42 may be levied in county for police.......................................... 107 in certain towns...................................................162,197 TEAMS, power to compel owners to f a s t e n.................................2.....-6-2 2~9 ~ ~ how to cross bridges.........................................26 23.17 286, 28T penalty for not fastening........................................................ injuring or obstructing sidewalks and streets................................. 398 to give way to horse cars.................................................... 262, 268, 881 TELEGRAPHS, ordinances concerning..................................... 528526 THEATRES, power to license and regulate, (see Shows).....................................25 TOWNS, several offices abolished in North, South and West Chicago................161, 162 taxes in said towns.............................................................. 162,197 TREASURER, election of........................................................... 6 term of office.......................................................... 6 bond of............................................................................... 41 w ~~~~duties of.........................................................................................8,4 duties f89, 41 Y 7 3~~ ~ accounts of, subject to inspection..........................89 warrants on, how drawn................................ 86, 37 89, 8,108,124, 187, 199 to keep separate accounts with each fund and appropriation.................. 39 duties of, in relation to custody of city funds............................. 40, 43 not to use city moneys.......................................................... 40, 48, 44 may be removed for misconduct......................................................40 to make annual reports..................................................40..............4 to keep a register of all warrants paid....................................... 40 to hold special assessment money as special funds.................................. 4 0,41 ~,41 power to appoint clerks......................................................... 4 embezzlement by, how punished..-........................................... 14 8 to hold moneys received for water works as a special fund..................47 148 to report monthly to board of public works amount of sewerage tax collected.......155 to hold sewerage moneys as a special fund............................................ 156 TREASURY DEPARTMENT..................................................... 88-48 X4 r ~ offices of........................................................................4 clerks in, how appointed............................................................... 4 8 officers of, prohibited from using city funds........................................ 48, 44 all reports and accounts made by officers of, to be verified by oath..................... 44 controversies between officers of, in adjustment of accounts, how determined...........48 TREES, in streets and public grounds, powers concerning....................................80 ordinance concerning................................................................. 849 TUNNELS, powers as to.................................................... 29,184,185 ordinances concerning.............................................. 5095-12, 52628 UNWHOLESOME BUSINESS, power to restrain, (see.uisoanes).................25..... 26 UNWHOLESOME HOUSES AND PLACES, power to cleanse and abate, (see Ntis8ances) 25, 26 UNWliOLESOME SUBSTANCES, power to remove and destroy, (see i8sanc8es)........ 81 YACANCIES, to be filled for unexpired term only...........................................10 in office of mayor, how filled.........................................................11 in office of alderman, how filled....................................... 7...... in boards of police and public works, how filled............................ 8,196 in other offices, how filfed......................................11,161 VAGRANTS, power to restrain.............................................................7 power to imprison..................................................81 82 who shall be deemed.................................................... 8 1, 82, i punishment of.............................................................. 281 VAULTS, under streets and sidewalks, power to regulate.........................58 penaltyfor leaving, unsafe,.............................................. 287 44 IND EX. 689 69 INDEX VEGETABLES, sale of, power to restrain, license and regulate.............................. 26 VEHICLES. (See Bridges, Fire Department. Misdemeanors, Police Department, Teams.) ordinance concerning..........................................................850859 to give way to horse cars.............................................. 262, 268, 881 VETO, when mayor may exercise..........................................................15 VOTERS, qualifications of..................................................................18 oath required from, when challenged.................................................13 exempted from arrest on civil process on election day.................................13 penalty for illegal voting..............................................................18 penalty for assaulting voters at the polls.............................................. 110 VOTING, how conducted...................................................................12 illegal, punishable...........................................................1...........8 WARDS, boundaries of, defined................................................ 24 to be divided into election districts................................................... 5, 6 how represented in common council................................................. 6, 7 how represented in board of supervisors......................................... 161, 169 WARRANTS, on treasurer, how drawn......................86, 87, 89,58,108,124, 187,199 to be canceled when paid.......................................40 register of, to be kept by treasurer..........................................40 to be examined annually by finance committee........................................40 for taxes and assessments, how issued.............................................. 85 86 for taxes and assessments, how collected........................................... 8696 for water rents............................................................... 1438-146 WATER, waste of, power to prevent........................................................ 28 penalty for wasting.................................................... $60 WATER FUND, office expenses chargeable to....................................52 to be used only for water works....................................141147, 148 power to invest surplus......................................................... 146 147 WATER RENTS, how assessed and collected....................................... 142-146 WATER WORKS. (For former laws, see Appendi).............1.............17-148 superintendence of.............. 17,188 contracts for, to specify they are for said works................................57 moneys received for, to be paid over to treasurer weekly........................57 contracts for, to be paid from water fund...................................... 57 contracts made by water commissioners, to be performed by board of public works.... 57 power to construct reservoirs and lay pipes......................................... 138 ublic hydrants to be provided...................................................... 188 njuring hydrants penalty..................................................... 860 misusing wrenches of hydrants, penalty 860, 861 power to purchase real estate........................................ ~........... 188,189 power to construct buildings and machinery..................................... 189 power to purchase books and charts................................................... 189 power to make surveys.............................................................. 189 power to enter upon lands and agree on compensation.........................139 power to condemn lands.................................................... 139,140 power to construct aqueducts and pumping works.............................140 power to extend inlet pipes into the lake and erect piers........................140 power to issue bonds......................................................... 140,141,142 provisions concerning issue and sale of b o n ds............................. 141,142 principal and interest to be paid by comptroller...................................... 142 power to purchase outstanding bonds.,................................142 146,147 water rents, how assessed and collected......................................142-146 lien of assessments.................................................... 148 record of assessments to be kept..........................................143 power to make rules and regulations concerning use of water......................... 146 regulations established.............................................. 861, 862 facts to be stated in annual report.................................................. 147 board of public works to report amount required to be raised by tax.................. 147 power to levy taxes for............................. 80,147 power to borrow money to pay interest on water-loan bonds........................ 147 accountsfor said works to be kept separately..................................... 147,148 moneys received for, to be used for no other purpose...........................148 penalty for willful injury to property o f............................. 148, 860 obstructing access to............................. 862 868 ordinance concerning....................................................... 0-863 WEIGHERS, power to appoint, (see ifay)................................................ 5, 28 fees of, power to prescribe................................................28 how appointed..................................................... 10,191 WEIGHTS AND MEASURES, power to require sealing of.................................29 ordinances concerning....................................................... 248, 868-866 WELLS, public, power to regulate..............................................28 WHARFING PRIVILEGES, ends of streets may be leased as.............................28, 24 improvements on, subject to taxation..................................................81 certain acts concerning, continued in force................................... 160 sid acts in full...............................................169-1T6 ordinance concerning...............................................528, 5 690 INDEX. ,/r... WHARFAGE, regulation concerning.............................................. 174 WHARVES, encumbering of, power to prevent..............................................26 superintendence of...................................................52 power to make, at ends of streets.....................................................60 expense of making and repairing, how paid..........................................76 authority to build................................................174, 175 penalty for incumbering......................................................... 844, 845 penalty for building, without authority........................................... 528, 529 WHISKY, inspection of, power to regulate, (see Liquor8s)...................................28 WITNESSES, citizens declared competent, in city actions......................... 159 fees of, in police court................................................................ 116 WOOD, storing of, within fire limits, power to regulate...............................28 measuring of, power to regulate.......................................................28 sale of, power to regulate..............................................................28 ordinance concerning.......................................................... 867-370 penalty for fraud in sale of...................................................... 866, 869 WOODEN BUILDINGS, power to prohibit within fire limits............................... 118 permits for, within fire limits........................................................58 ordinance concerning........................................................... 224227 YARDS, power to regulate and fill up..........................................1.............1 YEAS AND NAYS, to be taken on all orders to raise, borrow or appropriate money..........23 when required on orders for public improvements.....................................62 when required in board of education................................................. 189 r ) 691 INDEX. iv I l;.