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 AN ACT 
 
 To provide for the Incorporation of 
 
 Cities and Villages, 
 
 ADOPTED BY THE CITY OF CHICAGO, 
 
 APRIL 23d, 1875. 
 
 PRINTED BY ORDER OF THE CITY COUNCIL. 
 
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 35 Z. O’] 13! 
 
 HU 
 
 .A. 3ST ACT 
 
 To provide for the Incorporation of Cities and Villages. 
 
 [Approved April 10, 1872. In force July 1,1872. L. 1871-2, 
 P . 278.] 
 
 § 1. Be it enacted by the people of the State of Illinois, repre- 
 sented in the General Assembly, as follows : 
 
 ARTICLE 1. 
 
 OF THE ORGANIZATION OF CITIES. 
 
 1 How city may adopt this act.] § 1. That any city 
 now existing in this State may become incorporated under this 
 act in manner following: Whenever one-eighth of the legal 
 voters of such city, voting at the last preceding municipal elec¬ 
 tion shall petition the mayor and council thereof to submit the 
 question as to whether such city shall become incorporated 
 under this act, to a vote of the electors in such city, it shall be 
 the duty of such mayor and council to submit such question 
 accordingly, and to appoint a time and place, or places, at which 
 such vote may be taken, and to designate the persons who shall 
 act as judges at such election; but such question shall not be 
 submitted oftener than once in four years. [See § 53, 55. 
 
 2 Notice of election.] § 2. The mayor of such city 
 shall give at least thirty days’ notice of such election, by publish¬ 
 ing a notice thereof in one or more newspapers within such city ; 
 but if no newspaper is published therein, then by posting at 
 least five copies of such notice in each ward. 
 
 3 The ballot—result.] § 3. The ballots to be used at 
 such election shall be in the following form : “For city organiza¬ 
 tion under general lawor “ Against city organization under 
 general law.” The judges of such election shall make returns 
 thereof to the city council, whose duty it shall be to canvass 
 such returns and cause the result of such canvass to be entered 
 
 684553 
 
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 upon the records of such city. If a majority of the votes cast at 
 such election shall be for city organization under general law, 
 such city shall thenceforth be deemed to be organized under this 
 act; and the city officers then in office shall, thereupon, exercise 
 the powers conferred upon like officers in this act, until their suc¬ 
 cessors shall be elected and qualified. 
 
 4 How TOWNS may BECOME CITIES.] § 4. Any incorporat¬ 
 ed town in this State, having a population of not less than 1,000 
 inhabitants, may become incorporated as a city in like manner as 
 hereinbefore provided; but in all such cases the president and 
 trustees of such town shall, respectively, perform the same duties 
 relative to such a change of organization as is above required to 
 be performed by the mayor and council of cities. 
 
 5 Organizing a city.—petition.—election—result.] 
 § 5. Whenever any area of continguous territory in this State, 
 not exceeding four square miles, shall have resident thereon a 
 population of not less than 1,000 inhabitants, which shall not 
 already be included within any incorporated town or city, the 
 same may become incorporated as a city in manner following : 
 Any fifty legal voters thereof may file in the office of the clerk of 
 the county court, of the county in which such inhabitants reside, 
 a petition, addressed to the judge, of such court; and if the terri¬ 
 tory described in said petition shall be in more than one county, 
 then the petition shall be addressed to the judge of the court 
 where a greater part of such territory is situated ; which petition 
 shall define the boundaries of such proposed city, and state the 
 number of inhabitants residing within such limits, and also state 
 the name of such proposed city, and shall contain a prayer that 
 the question be submitted to the legal voters residing within 
 such limits, whether they will organize as a city under this act. 
 It shall be the duty of the county judge to fix a time and place 
 within the boundaries of such proposed city, at which an election 
 may be held to determine such question ; and such judge shall 
 name the persons to act as judges in holding such election, and 
 shall give notice thereof by causing ten notices to be posted in 
 public places within such proposed city. And the third section 
 of this article shall be applicable to such election ; Provided ’ that 
 the returns of such election shall be made to and canvassed by the 
 county judge and any two justices of the peace whom he shall 
 call to his assistance, instead of the city council; and the result 
 of such election shall be entered upon the records of such county 
 court. If a majority of the votes cast at such election shall be. 
 “ For city organization under general law,” the inhabitants of 
 
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 such territory, described in such petition, shall be deemed to be 
 incorporated as a city, under this act, and with the name stated 
 in the petition. [See § 175. 
 
 6 Courts to take judicial notice of organization, 
 ETC.] § fi. All courts in this State shall take judicial notice of 
 the existence of all villages and cities organized under this act, 
 and of the change of the organization of any town or city from 
 its original organization to its organization under this act, and 
 from the time of such organization, or change of organization, the 
 provisions of this act shall be applicable to such cities and villages, 
 and all laws in conflict therewith shall no longer be applicable. 
 But all laws, or parts of laws, not inconsistent with the provisions 
 of this act, shall continue in force and be applicable to any such 
 city or village, the same as if such change of organization had 
 not taken place. 
 
 7 Election of officers.] § 7. It shall be the duty of 
 president and board of trustees of any town which shall have 
 voted to change its organization to a city, under this act, to call 
 and give notice of an election to elect city officers, and to desig¬ 
 nate the time and place or places of holding the same. Such 
 notice shall be published in a newspaper, if there be one, within 
 the town, or posted in ten public places, for at least twenty days 
 before such election. Such president and trustees shall appoint 
 the judges and clerks to hold such election, canvass the returns 
 thereof, and cause the result to be entered upon the records of 
 the town ; and the provisions of this act, relative to the election 
 of city officers, shall be applicable thereto; but, at such election, 
 aldermen may be elected on a general ticket. 
 
 8 When county judge to give notice of election, 
 ETC.] § 8. In case of cities organizing under section five (5) of 
 this article, the county judge shall call and give notice of the 
 election, and perform the same duties relative thereto as is above 
 required to be performed by president and trustees of such town, 
 and in canvassing such returns shall call to his assistance two 
 justices of the peace. [See § 52. 
 
 9 Term of first officer.] § 9. The city officers elected 
 under either of the preceding sections, shall hold their respective 
 offices until the next succeeding regular election for such officers, 
 respectively, and until their successors are elected and qualified, 
 as provided in this act. 
 
10 Corporate Name.—Powers.] § 10. Cities organized 
 under this act shall be bodies politic and corporate, under the 
 name and style of “ City of (name),” and under such name may 
 sue and be sued, contract and be contracted with, acquire and 
 hold real and personal property for corporate purposes, have a 
 common seal, and change the same at pleasure, and exercise all 
 the powers hereinafter conferred. 
 
 11 Prior ordinances, etc., in force until, etc.] §11. 
 All ordinances, resolutions and by-laws in force in any city or 
 town when it shall organize under this act, shall continue in full 
 force and effect until repealed or amended, notwithstanding such 
 change of organization ; and the making of such change of organi¬ 
 zation shall not be construed to effect a change in the legal 
 identity, as a corporation, of such city or town. 
 
 12 Rights, etc., of old corporations to vest in new.] 
 § 12. All rights and property of every kind and description, 
 which were vested in any municipal corporation under its former 
 organization, shall be deemed and held to be vested in the same 
 municipal incorporation upon its becoming incorporated under the 
 provisions of this act; but no rights or liabilities, either in favor 
 of or against such corporation, existing at the time of so becom¬ 
 ing incorporated under this act, and no suit or prosecution of 
 any kind, shall be affected by such change, but the same shall 
 stand and progress as if no change had been made : Provided ,that 
 when a different remedy is given by this act, which may properly 
 be made applicable to any right existing at the time of such city 
 so becoming incorporated under this act, the same shall be 
 deemed cumulative to the remedies before provided, and used 
 accordingly. 
 
 13 Record of result of election.] § 13. The corporate 
 authorities of any city or village which may become organized 
 under this act shall, within three months after organization here¬ 
 under cause to be filed in the office of the recorder of deeds, in the 
 county in which such city or village is situated, a certified copy 
 of the entry made upon the records of the city, village, or county 
 court, of the canvass of the votes, showing the result of such 
 election, whereby such city or village became so organized—and 
 such recorder of deeds shall record the same. And such corporate 
 authorities shall also cause a like certificate to be filed in the 
 office of the Secretary of State, who shall file the same, and keep 
 a registry of cities and villages organized under this act. 
 
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 ARTICLE II. 
 
 OF THE MAYOR. 
 
 14 Mayor, his qualifications.] § 1. The chief executive 
 officer of a city shall be a mayor, who shall be a citizen of the 
 United States, a qualified elector, reside within the city limits, 
 and hold his office for two years, and until his successor is 
 elected and qualified. 
 
 15 Vacancy, one year or more.] § 2. Whenever a va¬ 
 cancy shall happen in the office of the mayor, when the unex¬ 
 pired term shall be one year or over from the date when the 
 vacancy occurs, it shall be filled by an election. 
 
 16 Vacancy less than year.] § 3. If the vacancy is less 
 than one year, the city council shall elect one of its number to 
 act as mayor, who shall possess all the rights and powers of the 
 mayor until the next annual election, and until his successor is 
 elected and qualified. 
 
 17 Mayor pro tem.] § 4. During a temporary absence or 
 disability of the mayor, the city council shall elect one of its 
 number to act as mayor pro tem., who, during such absence or 
 disability, shall possess the powers of mayor. 
 
 18 Vacancy by removal from city.] § 5. If the mayor, 
 at any time during the term of his office, shall remove from the 
 limits of the city, his office shall thereby become vacant. 
 
 19 Mayor to preside casting vote.] § 6. The mayor 
 shall preside at all meetings of the city council, but shall not 
 vote except in case of a tie, when he shall give the casting 
 vote. 
 
 20 When he may remove officers] § 7. The mayor 
 shall have power to remove any officer appointed by him, on 
 any former charge, whenever he shall be of the opinion that the 
 interests of the city demand such removal, but he shall report 
 the reasons for such removal to the council at its next regular 
 meeting, 
 
 21 His powers to keep peace.] § 8. He may exercise, 
 within the city limits, the powers conferred upon sheriffs, to 
 suppress disorder and keep the peace. (See. §83; also, “Sheriffs” 
 eh. 125, § 17, “Crim. Code,” ch. 38, § 340.) 
 
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 22 Release of prisoners.] § 9. He may release any 
 person imprisoned for violation of any city ordinance, and 
 shall report such release, with the cause thereof, to the council 
 at its first session thereafter. 
 
 23 General duties.] § 10. He shall perform all such 
 duties as are or may be prescribed by law or by the city ordi¬ 
 nances, and shall take care that the laws and ordinances are 
 faithfully executed. 
 
 24 Power to examine records, etc.] § 11. He shall have 
 power at all times to examine and inspect the books, records 
 and papers of any agent, employe or officer of the city. 
 
 25 Messages to council.] § 12. The mayor shall an¬ 
 nually, and from time to time, give the council information rel¬ 
 ative to the affairs of the city, and shall recommend for their 
 consideration such measures as he may deem expedient. 
 
 26 To call out militia, etc.—Riots, etc.] § 13. He 
 shall have power, when necessary, to call on every male in¬ 
 habitant of the city over the age of 18 years, to aid in enforcing 
 the laws and ordinances, and to call out the militia to aid in 
 suppressing riots, and other disorderly conduct, or carrying 
 into effect any law or ordinance, subject to the authority of the 
 Governor as commander in chief of the militia. 
 
 27 Misconduct, etc., of mayor or other officer—Pen¬ 
 alty.] § 14. In case the mayor or any other municipal officer 
 shall at any time be guilty of a palpable omission of duty, or 
 shall willfully and corruptly be guilty of oppression, malcon- 
 duct or misfeasance in the discharge of the duties of his office, 
 he shall be liable to indictment in any court of competent juris¬ 
 diction, and, on conviction shall be fined in a sum not exceed¬ 
 ing $1,000, and the court in which such conviction shall be had 
 shall enter an order, removing such officer from office. [See 
 “ Crim. Code,” ch. 38 § 208-219.] 
 
 28 Revising ordinances after change of organization.] 
 
 § 15. He may appoint, by and with the advice and consent of 
 the city council, immediately after such change of organization, 
 one or more competent persons to prepare and submit to the 
 city council, for their adoption or rejection, an ordinance in re¬ 
 vision of the ordinances of such city, and for the government of 
 such city, the compensation of such reviser or revisers to be 
 determined and fixed by the city council, and paid out of the 
 city treasury. 
 
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 ARTICLE III. 
 
 OF THE CITY COUNCIL. 
 
 20 Council — how composed.] § 1. The city council shall 
 consist of the mayor and aldermen. 
 
 30 Number of aldermen.] § 2. The number of aldermen 
 when not elected by the minority representation plan, shall be 
 as follows: In cities not exceeding 3,000 inhabitants, six aider- 
 men ; exceeding 3,000 but not exceeding 5,000, eight aldermen; 
 exceeding 5,000 and not exceeding 10,000, ten aldermen; ex¬ 
 ceeding 10,000 and not exceeding 30,000, fourteen aldermen, and 
 two additional aldermen for every 20,000 inhabitants over 30,000, 
 Provided, however, that in cities of over 100,000 inhabitants, 
 there shall be elected thirty-six aldermen, and no more. [See 
 
 § 175.] 
 
 31 Term of office.] § 3. Aldermen shall hold their office 
 for the term of two years, and until their successors are elected 
 and qualified. 
 
 32 Vacancy.] § 4. If any vacancy shall occur in the office 
 of alderman by death, resignation, removal, or otherwise, such 
 vacancy shall be filled by election. 
 
 33 Qualifications of aldermen.] § 5. No person shall 
 be eligible to the office of alderman unless he shall be a qual¬ 
 ified elector, and reside within the ward for which he is elected, 
 nor shall he be eligible if he is in arrears in the payment of any 
 tax or other liability due to the city; nor shall he be directly or 
 indirectly interested in any contract whatever to which the city 
 is a party ; nor shall he be eligible if he shall have been con¬ 
 victed of malfeasance, bribery, or other corrupt practices or 
 crimes; nor shall he be eligible to any office, the salary of 
 which is payable out of the city treasury, if, at the time of his 
 appointment, he shall be a member of the city council; nor 
 shall any member of the city council at the same time hold any 
 other office under the city government; nor shall he be, either 
 directly or indirectly, individually, or as a member of a firm, 
 engaged in any business transaction (other than official) with 
 such city, through its mayor or any of its authorized boards, 
 agents, or attorneys, whereby any money is to be paid, directly 
 or indirectly, out of the city treasury to such member or firms. 
 
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 34 Council judge of its members.] : § 0. The city council 
 shall be judge of the election and qualification of its own mem¬ 
 bers. 
 
 35 Rules—expulsion—bribery.] § 7. It shall determine 
 its own rules of proceeding, punish its members for disorderly 
 conduct, and, with the concurrence of two thirds of the aider- 
 men elect, may expel a member, but not a second time for the 
 same offense; Provided , That any alderman or councilman who 
 shall have been convicted of bribery shall thereby be deemed to 
 have vacated his office. 
 
 3<> Quorum—compelling attendance.] § 8. A majority 
 of the aldermen elect shall constitute a quorum to do business 
 but a smaller number may adjourn from time to time, and may 
 compel the attendance of absentees, under such penalties as 
 may be prescribed by ordinance. 
 
 37 Meetings.] § 9. The city council may prescribe by 
 ordinance, the times and places of the meetings thereof, and the 
 manner in which special meetings thereof may be called. 
 
 38 Chairman pro tem.] § 10. It may elect a temporary 
 chairman in the absence of the mayor. 
 
 30 Open doors.] § 11. It shall sit with open doors. 
 
 40 Journal.] § 12. It shall keep a journal of its own pro¬ 
 ceedings. 
 
 41 Yeas and nays—record—vote required.] § 13. The 
 yeas and nays shall be taken upon the passage of all ordinances 
 and on all propositions to create any liability against the city, 
 or for the expenditure or appropriation of its money, and in all 
 other cases at the request of any member, which shall be en¬ 
 tered on the journal of its proceedings; and the concurrence of 
 a majority of all the members elected in the city council shall 
 be necessary to the passage of any such ordinance or proposi¬ 
 tion ; Provided , it shall require two-thirds of all the aldermen 
 elect to sell any city or school property. 
 
 42 Not to rescind vote at special meeting, unless, etc.] 
 § 14. No vote of the city council shall be reconsidered or re¬ 
 scinded 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. 
 
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 43 When report laid over.] § 15. Any report of a 
 committee of the council shall be deferred, for final action 
 thereon, to the next regular meeting of the same after the report 
 is made, upon the request of any two aldermen present. 
 
 44 Territorial jurisdiction.] § 16. The city council 
 and board of trustees shall also have jurisdiction in and over all 
 places within one-half mile of the city or village limits, for the 
 purpose of enforcing health and quarantine ordinances and reg¬ 
 ulations thereof. [See § 71, 170, 215, 216, 229. 
 
 45 Special meetings.] . § 17. The mayor or any three 
 aldermen may call special meetings of the city council. 
 
 40 Ordinances—approved— veto] § 18. All ordinances 
 passed by the city council shall, before they take effect, be de¬ 
 posited in the office of the city clerk; and, if the mayor ap¬ 
 proves thereof he shall sign the same, and such as he shall not 
 approve he shall return to the council, with his objections 
 thereto, in writing, at the next regular meeting of the council 
 occurring not less than five days after the passage thereof. Such 
 veto may extend to any one or more items or appropriations 
 ■contained in any ordinance making an appropriation, or to the 
 -entire ordinance; and in case the veto only extends to a part of 
 such ordinance, the residue thereof shall take effect and be in 
 force. But in case the mayor shall fail to return any ordinance, 
 with his objections thereto, by the time aforesaid, he shall be 
 deemed to have approved such ordinance, and the same shall 
 take effect accordingly. 
 
 47 Reconsideration—passing over veto.] § 19. Upon 
 the return of any ordinance by the mayor, and the vote by 
 which the same was passed shall be reconsidered by the coun¬ 
 cil ; and if, after such reconsideration, two-thirds of all the 
 members elected to the city council shall agree, by yeas and 
 nays, to pass the same, it shall go into effect, notwithstanding 
 the mayor may refuse to approve thereof. The vote to pass the 
 same over the mayor’s veto shall be taken by yeas and nays 
 and entered on the journal. 
 
 ARTICLE IV. 
 
 elections. 
 
 48 Annual election.] § 1. A general election for* city 
 officers shall be held on the third Tuesday of April of each 
 year. 
 
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49 Election of mayor.] § 2. At the general election held 
 in 1873, and biennally thereafter, a mayor shall be elected in 
 each city. 
 
 50 Who entitled to vote.] § 3. All persons entitled to 
 vote at any general election for State officers within any city or 
 village, having resided therein thirty days next preceeding 
 thereto, may vote at any election for city or village officers. 
 [See “elections,” ch. 46, § 65, 66; Const., art. 7, § 1, p. 73. 
 
 51 WARDS.] § 4. The city council may, from time to time,, 
 divide the city into one-half as many wards as the total number 
 of aldermen to which the city is entitled ; and one aldermen shall, 
 annually, be elected in and for each ward, to hold his office for two 
 years, and until his successor is elected and qualified. In the 
 formation of wards, the population of each shall be as nearly equal 
 and the wards shall be of as compact and contiguous territory as 
 practicable. 
 
 52 Aldermen at first election—classified.] g 5. At 
 the first election under this act, there shall be elected the full 
 number of aldermen to which the city shall be entitled. At the 
 first meeting of the city council after such election, the aldermen 
 elected shall be divided, by lot, into two classes: Those of the 
 first class shall continue in office for one year, and those of the 
 second for two years. And upon any increase of the number of 
 aldermen at their first election, one-half shall be elected for one 
 year, and one-half for two years. 
 
 53 Minority representation.] § 6. Whenever this act 
 
 shall be submitted to the qualified electors of any city for adop¬ 
 tion, there shall be submitted at the same time, for adoption or 
 rejection, the question of minority representation in the city coun¬ 
 cil or legislative authority of such city. At the said election the 
 ballots shall be in the following form : “ For minority represen¬ 
 
 tation in the city council,” or “ Against minority representation 
 in the city council.” And at any subsequent time, on the peti¬ 
 tion of the legal voters equal in number to one-eighth the number 
 of legal votes cast at the next preceding general city election, the 
 city council shall cause the question of minority representation to 
 be submitted to the legal voters of said city, and the ballots shall 
 be in form as provided in this section; Provided , that no such 
 question of representation shall be submitted more than once in 
 every two years. The judges of such election shall make returns 
 thereof to the city council, whose duty it shall be to canvass such 
 returns, and to cause the result of such canvass to be entered on 
 
the records of such city. If a majority of the votes cast at such 
 election shall be “ For equal representation in the city council/’ 
 then the members of the city council or legislative authority of 
 such city shall be thereafter elected in the following manner: 
 The council or legislative authority of such city, at least one 
 month before the general election in the year in which this act 
 shall take efiect in such city, shall apportion such city, by dividing 
 the population thereof, as ascertained by the last federal census, 
 by any number not less than two nor more than six, and the 
 quotient shall be the ratio of representation in the city council. 
 Districts shall be formed of contiguous and compact territory, 
 and contain as nearly as practicable, an equal number of inhabi¬ 
 tants. [As amended by act approved March 27, 1874; in force 
 July 1, 1874. 
 
 54 Aldermen under minority plan.] § 7. Every such 
 district shall be entitled to three aldermen, who shall hold their 
 office for two years, and until their successors shall be elected and 
 qualified : Provided , that those elected at the first election, from 
 the wards bearing odd numbers, shall only hold their office for 
 one year, and until their successors shall be elected and qualified. 
 Vacancies occurring by the expiration of term, shall be filled at 
 an election to be held by the voters of the district in which such 
 vacancy shall occur, at the time designated by the city council. 
 In all elections for aldermen, aforesaid, each qualified voter may 
 cast as many votes as there are aldermen to be elected in his dis¬ 
 trict, or may distribute the same, or equal parts thereof, among 
 the candidates, as he shall see fit, and the candidate highest in 
 votes shall be declared elected. [As amended by act approved 
 March 27, 1874; in force July, 1, 1874. 
 
 55 Aldermen when minority plan not adopted.] 
 -§8. If a majority of the votes cast at such election shall be 
 “ against minority representation in the city council,” the preced¬ 
 ing section shall be null and void so far as it relates to such city 
 at such election, and the aldermen of such city shall be elected as 
 otherwise provided for in this act. 
 
 56 Place of election—notice.] § 9. .The city council 
 shall designate the place or places in which the election shall be 
 held, and appoint the judges and clerks thereof, and cause notice 
 to be printed in some newspaper published in such city, if there 
 be one, or posted at each voting place in such city, of the time, 
 places of election, and of the officers to be elected, for at least 
 twenty days prior to such election. 
 
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 57 Manner of conducting elections, etc.] § JO. The 
 manner of conducting and voting at elections to be held under 
 this act and contesting the same, the keeping of poll lists and 
 canvassing the votes, shall be the same, as nearly as may be, as 
 in the case of the election of county officers, under the general 
 laws of this State. The judges of election shall appoint clerks 
 when necessary to fill vacancies, and the judges and clerks shall 
 take the same oaths and have the same powers and authority as 
 the judges and clerks of general State elections. After the clos¬ 
 ing of the polls the ballots shall be counted and the returns made 
 out and returned, under seal, to the city or village clerk, as the 
 case may be, within two days after the election ; and, thereupon, 
 the city council or board of trustees, as the case may be, shall ex¬ 
 amine and canvass the same and declare the result of the election, 
 and cause a statement thereof to be entered upon its journals. 
 [See “ Elections,” ch. 46. § 48, seq.] 
 
 58 Result—tie.] § 11. The person having the highest 
 number of votes, for any office, shall be declared elected. In case 
 a tie in the election of any city or village officer, it shall be deter¬ 
 mined by lot, in presence of the city council or board of trustees,, 
 in such manner as they shall direct, which candidate or candidates 
 shall hold the office. 
 
 59 Notice to persons elected or appointed.] § 12. 
 It shall be the duty of the village or city clerk, within five days 
 after the result of the election is declared .or appointment made, 
 to notify all persons elected or appointed to office of their election 
 or appointment, and unless such persons shall respectively qualify 
 in ten days after such notice, the office shall become vacant. 
 
 60 When no quorum in office—special election.] 
 § 13. If, for any cause, there shall not be a quorum in office of 
 the city council or board of trustees, the mayor, clerk, or any 
 alderman or trustee, as the case may be, may appoint the time 
 and place for holding a special election to supply such vacancy 
 and give notice and appoint the judges thereof. 
 
 61 Special elections.] § 14. If there is a failure to elect 
 any officer herein required to be elected, or the person elected 
 should fail to qualify, the city council or board of trustees may 
 forthwith order a new election therefor; and in all cases, when 
 necessary for the purposes of this act, may call special elections, 
 appoint judges and clerks thereof, canvass the returns thereof, 
 and provide by ordinance for the mode of conducting the same; 
 and shall give notice of such special elections, in which shall be 
 
15 
 
 stated the questions to be voted upon, and cause such notices to 
 be published or posted for the same length of time and in the 
 same manner as is required in the case of regular annual elections 
 in such cities or villages. 
 
 ARTICLE V. 
 
 62 Of the powers of the city council.] § 1. The 
 city council in cities, and president and the board of trustees in 
 villages, shall have the following powers : 
 
 First—To control the finances and property of the corpora¬ 
 tion. 
 
 Second—To appropriate money for corporate purposes only, 
 and provide for payment of debts and expenses of the corpor¬ 
 ation. 
 
 Third—To levy and collect taxes for general and special pur¬ 
 poses on real and personal property. [See § 89, 171, 227, 231- 
 236, 240-269. 
 
 Fourth—To fix the amount, terms, and manner of issuing and 
 revoking licenses. 
 
 Fifth—To borrow money on the credit of the corporation for 
 corporate purposes, and issue bonds therefor, in such amounts 
 and form, and on such conditions as it shall prescribe, but shall 
 not become indebted in any manner or for any purpose, to an 
 amount, including existing indebtedness in the aggregate to ex¬ 
 ceed five (5) per centum on the value of the taxable property 
 therein, to be ascertained by the last assessment for State and 
 county taxes previous to the incurring of such indebtedness ; and 
 before, or at the time of, incurring any indebtedness, shall provide 
 for the collection of a direct annual tax sufficient to pay the in¬ 
 terest on such debt as it falls due, and also to pay and discharge 
 the principal thereof within twenty years after contracting the 
 same. [See § 90, 169, 228, 245. 
 
 Sixth.—To issue bonds in place of or to supply means to 
 meet maturing bonds, or for the consolidating or funding of the 
 same. 
 
 Seventh.—To lay out, establish, open, alter, widen, extend, 
 grade, pave, or otherwise improve streets, alleys, avenues, side¬ 
 walks, wharves, parks, and public grounds, and vacate the same. 
 [See "Plats.” ch. 109, § 1-10. 
 
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 Eighth.—To plant trees upon the same. 
 
 Ninth.—To regulate the use of the same. 
 
 Tenth.—To prevent and remove encroachments or obstruc 
 tions upon the same. 
 
 Eleventh.—To provide for the lighting of the same. 
 
 Twelfth.—To provide for the cleansing of the same. 
 
 Thirteenth.—To regulate the openings therein for the laying 
 of gas and water mains and pipes, and the building and repairing 
 of sewers, tunnels and drains, and erecting gas-lights : Provided , 
 however ; that any company heretofore organized under the gen¬ 
 eral laws of this State, or any association of persons organized, 
 or which may be hereafter organized for the purpose of manufac¬ 
 turing illuminating gas to supply cities or villages, or the inhabit¬ 
 ants thereof, with the same, shall have the right by consent of the 
 common council (subject to existing rights), to erect gas factor¬ 
 ies, and lay down pipes in the streets or alleys of any city or 
 village, of this State, subject to such regulations as any city or 
 village may by ordinance impose. 
 
 Fourteenth.—To regulate the use of sidewalks, and all struct¬ 
 ures thereunder; and to require the owner or occupant of any 
 premises to keep the sidewalks in front of, or along the same, free 
 from snow and other obstructions. 
 
 Fifteenth.—To regulate and prevent the throwing or deposit 
 ing of ashes, offal, dirt, garbage, or any offensive matter in, and 
 to prevent injury to, any street, avenue, alley, or public ground. 
 
 Sixteenth.—To provide for and regulate crosswalks, curbs, and 
 gutters. 
 
 Seventeenth.—To regulate and prevent the use of streets, 
 sidewalks, and public grounds for signs, sign-posts, awnings, awn¬ 
 ing-posts, telegraph poles, horse troughs, racks, posting hand¬ 
 bills, and advertisements. 
 
 Eighteenth.—To regulate and prohibit the exhibition or carry¬ 
 ing of banners, placards, advertisements, or hand-bills in the 
 streets or public grounds, or upon the sidewalks. 
 
 Nineteenth.—To regulate and prevent the flying of flags, ban¬ 
 ners, or signs.across the streets or from the houses. 
 
 Twentieth.—To regulate traffic and sales upon the streets, 
 sidewalks, and public places. 
 
17 
 
 Twenty-first.—To regulate the speed of horses and other 
 animals, vehicles, cars and locomotives, within the limits of the 
 corporation. 
 
 Twenty-second—To regulate the numbering of houses and 
 lots. 
 
 Twenty-third---To name and change the name of any street, 
 avenue, alley, or other public place. 
 
 Twenty-fourth.—To permit, regulate, or prohibit, the locating, 
 constructing, or laying a track of any horse rail-road, in any 
 street, alley, or public place: but such permission shall not be for 
 a longer time than twenty years. [See “H and D Railroads,” 
 ch. 66. 
 
 Twenty-fifth.—To provide for and change the location, grade, 
 and crossings of any railroad. 
 
 Twenty-sixth.—To require railroad companies to fence their 
 respective railroads, or any portion of the same, and to construct 
 cattle guards, crossings of streets and public roads, and keep the 
 some in repair, within the limits of the corporation. In case any 
 railroad company shall fail to comply with any such ordinance, it 
 shall be liable for all damages the owner of any cattle or horses 
 or other domestic animal may sustain, by reason of injuries there¬ 
 to while on the track of such railroad, in like manner and extent 
 as under the general laws of this State, relative to the fencing of 
 railroads, and actions to recover such damages may be instituted 
 before any justice of the peace, or other court of competent 
 jurisdiction. 
 
 Twenty-seventh.—To require railroad companies to keep flag¬ 
 men at railroad crossings of streets, and provide protection 
 against injury to persons and property in the use of such rail¬ 
 roads. To compel such railroad to raise or lower their railroad 
 tracks to conform with any grade which may, at any time, be 
 established by such city, and where such tracks run lengthwise 
 of any such street, alley or highway, to keep their railroad tracks 
 on a level with the street surface, and so that such tracks may 
 be crossed at any place, on such street, alley or highway. To 
 compel and require railroad companies to make and keep open 
 and keep in repair ditches, drains, sewers, and culverts along and 
 under their railroad tracks, so that filthy or stagnant pools of 
 water cannot stand on their grounds, or right of way, and so that 
 the natural drainage of adjacent property shall not be impeded. 
 
18 
 
 Twenty-eighth.—To construct and keep in repair bridges, via¬ 
 ducts and tunnels, and to regulate the use thereof. [See § 194.] 
 
 Twenty-ninth.—To construct and keep in repair culverts, 
 drains, sewers and cesspools, and to regulate the use thereof. 
 [See § 242. 
 
 Thirtieth.—To deepen, widen, dock, cover, wall, alter, or change 
 the channel of water courses. 
 
 Thirty-first.—To construct and keep in repair canals and slips 
 for the accommodation of commerce. 
 
 Thirty-second.—To erect and keep in repair public landing 
 places, wharves, docks, and levees. [See § 219, 220. 
 
 Thirty-third.—To regulate and control the use of public and 
 private landing places, wharves, docks, and levees. 
 
 Thirty-fourth.—To control and regulate the anchorage, moorage 
 and landing of all water craft, and their cargoes, within the juris¬ 
 diction of the corporation. 
 
 Thirty-fifth.—To license, regulate, and prohibit wharf-boats, 
 tugs, and other boats used about the harbor or within such 
 urisdiction. 
 
 Thirty-sixth.—To fix the rate of wharfage and dockage. 
 
 Thirty-seventh.—To collect wharfage and dockage from all 
 boats , rafts, or other craft landing at or using any public landing 
 place, wharf, dock, or levee within the limits of the corporation. 
 
 Thirty-eighth.—To make regulations in regard to the use of 
 harbors, towing of vessels, opening and passing of bridges. 
 
 Thirty-ninth.—To appoint harbor masters, and define their 
 duties. 
 
 Fortieth.—To provide for the cleansing and purification of 
 waters, water courses, and canals, and the draining or filling of 
 ponds on private property, whenever necessary to prevent or 
 abate nuisance. 
 
 Forty-first.—To license, tax, regulate, suppress, and prohibit 
 hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals, 
 and other exhibitions, shows and amusements, and to revoke 
 such license at pleasure. 
 
 Forty-second.—To license, tax, and regulate hackmen, dray- 
 
19 
 
 men, omnibus drivers, carters, cabmen, porters, expressmen, and 
 all others pursuing like occupations, and to prescribe their 
 compensation. 
 
 Forty-third.—To license, regulate, tax, and restrain runners for 
 stages, cars, public houses, or other things or persons. 
 
 Forty-fourth.—To license, regulate, tax, or prohibit and suppress 
 billiard, bagatelle, pigeon hole, or any other tables or implements 
 kept or used for a similar purpose in any place of public resort, 
 pin alleys, and ball alleys. 
 
 Forty-fifth.—To suppress bawdy and disorderly houses, 
 houses of ill-fame, or assignation, within the limits of the city, 
 and within three miles of the outer boundaries of the city; and 
 also to suppress gaming and gambling houses, lotteries, and all 
 fraudulent devices and practices for the purpose of gaming or ob¬ 
 taining money or property, and to prohibit the sale or exhibition 
 of obscene or immoral publications, prints, pictures or illustra¬ 
 tions. [See § 216, 217. 
 
 Forty-sixth—To license, regulate and prohibit the selling or 
 giving away of any intoxicating malt, vinous, mixed or fermented 
 liquor, the license not to extend beyond the municipal year, in 
 which it shall be granted, and to determine the amount to be 
 paid for such license; Provided, that the city council in cities, 
 or president and board of trustees in villages, may grant permits 
 to druggists for the sale of liquors for medicinal, mechanical, sac¬ 
 ramental and chemical purposes only, subject to forfeiture, and 
 under such restrictions and regulations, as may be provided by 
 ordinance; Provided further ; that in granting licenses, such cor¬ 
 porate authorities shall comply with whatever general law of the 
 State may be in full force relative to the granting of licenses. 
 [See § 216 ; also “Dram Shops,” ch. 43. 
 
 Forty-seventh.—The foregoing shall not be construed, to affect 
 the provisions of the charter of any literary institution, hereto¬ 
 fore granted. 
 
 Forty-eighth.—And the city council in cities, and president 
 and board of trustees in villages, shall also have the power to for¬ 
 bid and punish the selling or giving away of any intoxicating 
 malt, vinous, mixed, or fermented liquors to any minor, appren¬ 
 tice, or servant, or insane, idiotic, or distracted person, habitual 
 drunkard, or person intoxicated. 
 
20 
 
 J 
 
 Forty-ninth.—To establish markets and market houses, and 
 provide for the regulation and use thereof. 
 
 Fiftieth.—To regulate the sale of meats, poultry, fish, butter, 
 cheese, lard, vegetables and all other provisions, and to provide 
 for place and manner of selling the same. 
 
 Fifty-first.—To prevent and punish forestalling, and regrating. 
 
 Fifty-second.—To regulate the sale of bread in the city or vil¬ 
 lage ; prescribe the weight and quality of the bread, in the loaf. 
 
 Fifty-third.—To provide for and regulate the inspection of 
 meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobac¬ 
 co, flour, meal, and other provisions. 
 
 Fifty-fourth.—To regulate the inspection, weighing, and meas¬ 
 uring of brick, lumber, firewood, coal, hay, and any article of 
 merchandise. 
 
 Fifty-fifth.—To provide for the inspection and sealing of 
 weights and measures. 
 
 Fifty-sixth.—To enforce the keeping and use of proper weights, 
 and measures by venders. 
 
 Fifty-seventh.—To regulate the construction, repairs and use 
 of vaults, cisterns, areas, hydrants, pumps, sewers and gutters. 
 
 Fifty-eighth.—To regulate places of amusement. 
 
 Fifty-ninth.—To prevent intoxication, fighting, quarreling, dog 
 fights, cock fights, and all disorderly conduct. 
 
 Sixtieth.—To regulate partition fences and party w r alls. 
 
 Sixty-first.--\To prescribe the thickness, strength and manner 
 of constructing stone, brick and other buildings, and construc¬ 
 tion of fire escapes therein. 
 
 Sixty-second.-—The city council, and the president and trust¬ 
 ees in villages, for the purpose of guarding against the calamities 
 of fire, shall have power to prescribe the limits within which, 
 wooden buildings shall not be erected, or placed or repaired, with¬ 
 out permission, and to direct that all and any buildings within 
 the fire limits, when the same shall have been damaged by fire, 
 decay, or otherwise, to the extent of fifty per cent, of the value, 
 shall be torn down or removed, and to prescribe the manner of 
 ascertaining such damage. 
 
21 
 
 Sixty-third.—To prevent the dangerous construction and con¬ 
 dition of chimneys, fire-places, hearths, stoves, stove-pipes, ovens, 
 boilers, and apparatus used in and about any building and man¬ 
 ufactory, and to cause the same to be removed or placed in a 
 safe condition, when considered dangerous, to regulate and 
 prevent the carrying on of manufactories, dangerous in causing 
 and promoting fires ; to prevent the deposit of ashes in unsafe 
 places, and to cause all such buildings and inclosures as may be 
 in a dangerous state to be put in a safe condition. 
 
 Sixty-fourth.—To erect engine houses, and provide fire en¬ 
 gines, hose carts, hooks and ladders, and other implements for 
 prevention and extinguishment of fires, and provide for the use 
 and management of the same, by voluntary fire companies, or 
 otherwise. 
 
 Sixty-fifth.—To regulate and prevent storage of gunpowder 
 tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro¬ 
 glycerine, petroleum, or any of the products thereof, and other 
 combustible or explosive material, and the use of lights in stables, 
 shops, and other places, and the building of bonfires ; also to reg¬ 
 ulate and restrain the use of fireworks, firecrackers, torpedoes, 
 Roman candles, sky-rockets, and other pyrotechnic displays. 
 
 Sixty-sixth.—To regulate the police of the city or village, and 
 pass and enforce all necessary police ordinances. 
 
 Sixty-seventh.—To provide for the inspection of steam boil¬ 
 ers. 
 
 Sixty-eighth.—To prescribe the duties and powers of a super¬ 
 intendent of police, policemen and watchmen. 
 
 Sixty-ninth.—To establish and erect calabooses, bridewells, 
 houses of correction, and work-houses, for the reformation and 
 confinement of vagrants, idle and disorderly persons, and persons 
 convicted of violating any city or village ordinance, and make 
 rules and regulations for the government of the same, and ap¬ 
 point necessary keepers and assistants. 
 
 Seventieth.—To use the county jail for the confinement or 
 punishment of offenders, subject to such conditions as are imposed 
 by law, and with the consent of the county board. 
 
 Seventy-first.—To provide by ordinance in regard to the rela¬ 
 tion between all the officers, and employees of the corporation, 
 in respect to each other, the corporation and the people. 
 
22 
 
 Seventy-second.—To prevent and suppress riots, routs, affrays, 
 noises, disturbances, disorderly assemblies, in any public or pri¬ 
 vate place. 
 
 Seventy-third.—To prohibit and punish cruelty to animals. 
 
 Seventy-fourth.—To restrain and punish vagrants, mendicants 
 and prostitutes. 
 
 Seventy-fifth.—To declare what shall be a nuisance, and to 
 abate the same; and to impose fines upon parties who may cre¬ 
 ate, continue, or suffer nuisances to exist. 
 
 Seventy-sixth.—To appoint a board of health, and prescribe its 
 powers and duties. 
 
 Seventy-seventh.—To erect and establish hospitals, and medi¬ 
 cal despensaries, and control and regulate the same. 
 
 Seventy-eighth.—To do all acts, make all regulations which 
 may be necessary or expedient, for the promotion of health or the 
 suppression of disease. 
 
 Seventy-ninth—To establish and regulate cemeteries within or 
 without the corporation, and acquire lands therefor, by purchase 
 or otherwise, and cause cemeteries to be removed, and prohibit 
 their establishment within one mile of the corporation,. [See 
 “ Cemeteries,” ch. 24, §4. 
 
 Eightieth—To regulate, restrain and prohibit the running at 
 large of horses, cattle, swine, sheep, goats, geese and dogs, and to 
 impose a tax on dogs. [See “ Animals,” ch. 8. § 1-7. 
 
 Eighty-first—To direct the location and regulate the manage¬ 
 ment and construction of packing-houses, renderies, tallow chand¬ 
 leries, bone factories, soap factories and tanneries within the limits 
 of the city or village, and within the distance of one mile without 
 the city or village limits. 
 
 Eighty-second—To direct the location and regulate the use and 
 construction of breweries, distilleries, livery stables, blacksmith 
 shops, and foundries within the limits of the city or village. 
 
 Eighty-third—To prohibit any offensive or unwholesome busi¬ 
 ness or establishment within or within one mile of the limits of 
 the corporation. 
 
 Eighty-fourth—To compel the owner of any grocery, cellar, 
 soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer or 
 
23 
 
 other unwholesome or nauseous house or place, to cleanse, abate 
 or remove the same, and to regulate the location thereof. 
 
 Eighty-fifth—The city council, or trustees of a village, shall 
 have power to provide for the taking of the city or village census; 
 but no city or village census shall be taken by authority of the 
 council or trustees oftener than once in three years. 
 
 Eighty-sixth—To provide for the erection and care of all public 
 buildings necessary for the use of the city of village. 
 
 Eighty-seventh—To establish ferries, toll bridges, aud license 
 and regulate the same, and from time to time, fix tolls thereon. 
 [See § 194. 
 
 Eighty-eighth—To authorize the construction of mills, mill- 
 race, and feeders on, through, or across the streets of the city or 
 village, at such places and under such restrictions as they shall 
 deem proper. 
 
 Eighty-ninth—The city council shall have power, by condem¬ 
 nation or otherwise, to extend any street, alley or highway over 
 or across, or to construct any sewer under or through any rail¬ 
 road track, right of way, or land of any railroad company (within 
 the corporate limits); but where no compensation is made to 
 such railroad company, the city shall restore such railroad track, 
 right of way, or land to its former state, or in a sufficient manner 
 not to have impaired its usefulness. 
 
 Ninetieth—The city council or board of trustees shall have no 
 power to grant the use of, or the right to lay down, any railroad 
 tracks in any street of the city, to any steam or horse railroad 
 company, except upon a petition of the owners of the land repre¬ 
 senting more than one-half of the frontage of the street, or so 
 much thereof as is sought to be used for railroad purposes. [See 
 “ H. and D. R. R.” ch. 66, § 3; “ Railroads and Warehouses,” ch., 
 144, § 19. 
 
 Ninety-first—To tax, license and regulate auctioneers, distillers 
 brewers, lumber-yards, livery stables, public scales, money chang¬ 
 ers, and brokers. 
 
 Ninety-second—To prevent and regulate the rolling of hoops, 
 playing of ball, flying of kites, or any other amusement or prac¬ 
 tice having a tendency to annoy persons passing in the streets or 
 on the sidewalks, or to frighten teams and horses. 
 
24 
 
 Ninety-third—To regulate and prohibit the keeping of any 
 lumber yard, and the placing or piling or selling any lumber, tim¬ 
 ber, wood or other combustible material, within the fire limits ot 
 the city. 
 
 Ninety-fourth—To provide, by ordinance, that all the paper, print¬ 
 ing, stationery, blanks, fuel, and all the supplies needed for the use of 
 the city, shall be furnished by contract, let to the lowest bidder. 
 
 Ninety-fifth—To tax, license, and regulate second-hand and 
 junk-stores, and to prevent their purchasing or receiving from 
 minors, without the written consent of their parents or guardians, 
 any articles whatsoever. 
 
 Ninety-sixth—To pass all ordinances, rules, and make all reg¬ 
 ulations proper or necessary to carry into effect the powers 
 granted to cities and villages, with such fines and penalties as 
 the city council or board of trustees shall deem proper; Provided , 
 no fine or penalty shall exceed $200, and no imprisonment shall 
 exceed six months for one offense. 
 
 63 Style OF ORDINANCE.] §2. The style of the ordinances 
 
 in cities shall be: “ Be it ordained by the city council of-—.” 
 
 64 Publication of ordinances—when take effect.] 
 § 3. All ordinances of cities and villages imposing any fine, penal¬ 
 ty, imprisonment or forfeiture, or making any appropriation, 
 shall, within one month after they are passed, be published at 
 least once in a newspaper published in the city or village, or, if no 
 such newspaper is published therein, by posting copies of the 
 same in three public places in the city or village; and no such 
 ordinance shall take effect until ten days after it is so published. 
 And all other ordinances, orders, and resolutions shall take effect 
 from and after their passage, unless otherwise provided therein. 
 
 65 PROOF OF ordinances.] § 4. All ordinances, and the 
 date of publication thereof may be proven by the certificate of 
 the clerk, under the seal of the corporation. And when printed 
 in book or pamphlet form, and purporting to be published by au¬ 
 thority of the board of trustees or the city council, the same need 
 not be otherwise published; and such book or pamphlet shall be 
 received as evidence of the passage and legal publication of such 
 ordinances, as of the dates mentioned in such book or pamphlet, in 
 all the courts and places without further proof. [See “ Evidence, 
 etc.,” ch. 51, § 14. 
 
 66 Suits for violating ordinances.] § 5. All actions 
 brought to recover any fine, or to enforce any penalty, under any 
 
25 
 
 ordinance of any city or village, shall be brought in the corporate 
 name of the city or village as plaintiff; and no prosecution, recov¬ 
 ery or acquittal, for the violation of any such ordinance, shall con¬ 
 stitute a defense to any other prosecution of the same party for 
 any other violation of any such ordinance, although the different 
 causes of action existed at the same time, and, if united, would 
 not have exceeded the jurisdiction of the court or magistrate. 
 
 67 Fines and licenses—paid to treasurer.] § 6 . All 
 fines and forfeiture for the violation of ordinances when collected, 
 and all moneys collected for licenses or otherwise, shall be paid 
 into the treasury of the corporation, at such times and in such 
 manner as may be prescribed by ordinance. 
 
 68 Summons.—affidavit—punishment.] § 7. In all ac¬ 
 tion for the violation of any ordinance, the first process shall be a 
 summons; Provided , however, that a warrant for the arrest of the 
 offender may issue in the first instance upon the affidavit of any 
 person that any such ordinance has been violated, and that the 
 person making the complaint has reasonable grounds to believe 
 the party charged is guilty thereof; and any person arrested 
 upon such warrant shall, without unnecessary delay, be taken be¬ 
 fore the proper officer to be tried for the alleged offense. Any 
 person upon whom any fine or penalty shall be imposed, may, 
 upon the order of the court or magistrate before whom the con¬ 
 viction is had, be committed to the county jail or the calaboose, city 
 prison, work house, house of correction, or other place provided 
 by the city or village for the incarceration of offenders, until such 
 fine, penalty and cost shall be fully paid: Provided, that no such 
 imprisonment shall exceed six months for any one offense. The 
 city council or board of trustees shall have power to provide, by 
 ordinance, that every person so committed shall be required to 
 work for the corporation, at such labor as his or her strength will 
 permit, within and without such prison, work-house, house of 
 correction, or other places provided for the incarceration of such 
 offenders, not exceeding ten hours each working day; and for such 
 work the person so employed to be allowed, exclusive of his or her 
 board, $2 for each day’s work on account of such fine and cost. 
 
 69 Jurisdiction of justices, etc.] § 8. Any and all jus¬ 
 tices of the peace and police magistrates shall have jurisdiction in 
 all cases arising under the provisions of this act, or any ordinance 
 passed in pursuance thereof. 
 
26 
 
 70 Constable or sheriff may serve process, etc.] 
 § 9. Any constable or sheriff of the county may serve any process 
 or make any arrests authorized to be made by any city officer. 
 
 71 Jurisdiction over waters.] § 10. The city or village 
 government shall have jurisdiction upon all waters within or 
 bordering upon the same, to the extent of three miles beyond the 
 limits of the city or village, but not to exceed the limits of the 
 State. [See § 44, 215, 216. 
 
 ARTICLE VI. 
 
 OFFICERS—THEIR POWERS AND DUTIES. 
 
 72 OFFICERS.] § 1. There shall be elected, in all cities or¬ 
 ganized under this act the following officers, viz: a mayor, a city 
 council, a city clerk, city attorney and a city treasurer. 
 
 73 Other officers—duties of city marshal.] §2. 
 The city council may, in its discretion, from time to time, by or¬ 
 dinance passed by a vote of two-thirds of all the aldermen 
 elected, provide for the election by the legal voters of the city, or 
 the appointment by the mayor, with the approval of the city 
 council, of a city collector, a city marshal, a city superintendent 
 of streets, a corporation counsel, a city comptroller, or any or either 
 of them, and such other officers as may by said council be 
 deemed necessary or expedient. The city council may, by a like 
 vote, by ordinance or resolution, to take effect at the end of the 
 then fiscal year, discontinue any office so created, and devolve the 
 duties thereof on any other city officer; and no officer, filling any 
 such office so discontinued, shall have any claim against the city 
 on account of his salary, after such discontinuance. The city 
 marshal shall perform such duties as shall be prescribed by the 
 city council for the preservation of the public peace and the ob¬ 
 servance and enforcement of the ordinances and laws; he shall 
 possess the power and authority of a constable at common law, 
 and under the statutes of this State. 
 
 74 Appointment—vacancies—duties—powers. § 3. 
 All officers of any city, except where herein otherwise provided, 
 shall be appointed by the mayor (and vacancies in all offices ex¬ 
 cept the mayor and aldermen, shall be filled by like appointment) 
 by and with the advice and consent of the city council. The city 
 council may, by ordinance not inconsistent with the provisions of 
 this act, prescribe the duties and define the powers of all such 
 officers, together with the term of any such office: Provided , the 
 term shall not exceed two years. [See § 15-18, 32. 
 
27 
 
 75 Oath—bond.] § 4. All officers of any city or village, 
 whether elected or appointed, shall, before entering upon the du¬ 
 ties of their respective offices, take and subscribe the following 
 oath or affirmation: 
 
 I do solemnly swear (or affirm, as the case may be,) that I will 
 support the Constitution of the United States, and the Consti¬ 
 tution of the State of Illinois, and that I will faithfully discharge 
 the duties of the office of-according to the best of my abil¬ 
 
 ity. 
 
 Which oath or affirmation, so subscribed, shall be filed in the 
 office of the clerk. And all such officers, except aldermen and 
 trustees, shall, before entering upon the duties of their respective 
 offices, execute a bond with security, to be approved by the city 
 council or board of trustees, payable to the city or village, in such 
 penal sum as may, by resolution or ordinance, be directed, condi¬ 
 tioned for the faithful performance of the duties of the office, and 
 the payment of all moneys received by such officer, according to 
 law and the ordinances of said city or village: Provided\ however , 
 that in no case shall the mayor’s bond be fixed at a less sum 
 than three thousand dollars ($3,000); nor shall the treasurer’s 
 bond be fixed at a less sum than the amount of the estimated 
 tax and special assessments for the current year—which bonds 
 shall be filed with the clerk (except the bond of the clerk, which 
 shall be filed with the treasurer). 
 
 76 Commission, certificate, delivery to successors.] 
 § 5. All officers elected or appointed under this act (except the 
 clerk, aldermen and mayor, and trustees,) shall be commissioned 
 by warrant, under the corporate seal, signed by the clerk and the 
 mayor, or presiding officer of the city council or board of trustees. 
 The mayor or president of the board of trustees shall issue a cer¬ 
 tificate of appointment or election, under the seal of the corpora¬ 
 tion, to the clerk thereof, and any person having been an officer 
 of the city or village, shall, within five days after notification and 
 request, deliver to his successor in office all property, books, and 
 effects of every description in his possession, belonging to the 
 city or village, or appertaining to his said office; and upon his re¬ 
 fusal to do so, shall be liable for all the damages caused thereby, 
 and to such penalty as may by ordinance be prescribed. 
 
 77 Qualification of officers.] § 6 . No person shall 
 be eligible to any office who is not a qualified elector of the city 
 or village, and who shall not have resided therein at least one 
 year next preceding his election or appointment, nor shall any 
 
28 
 
 person be eligible to any office who is a defaulter to the corpora¬ 
 tion. [See “ Officers,” ch. 102, § 2, 4. 
 
 78 Not interested in contracts, etc.] § 7. No offi¬ 
 cer shall be directly or indirectly interested in any contract, work, 
 or business of the city, or the sale of any article, the expense, 
 price, or consideration of which is paid from the treasury, or by 
 any assessment levied by any act or ordinance; nor in the pur¬ 
 chase of any real estate or other property belonging to the cor¬ 
 poration, or which shall be sold for taxes or assessments, or by 
 virtue of legal process at the suit of said corporation. [See 
 “ Officers,” ch. 102, § 3, 4. 
 
 79 Bribery—penalty.] § 8. Every person who shall 
 promise, offer or give, or cause, or aid, or abet in causing to be 
 promised, offered or given, or furnish or agree to furnish, in whole 
 or in part, to be promised, offered or given to any member of the 
 city council or board of trustees, or any officer of the corporation, 
 after or before his election or appointment as such officer, any 
 moneys, goods, right in action, or other property or anything of 
 value, or any pecuniary advantage, present or prospective, with 
 intent to influence his vote, opinion, judgment, or action on any 
 question, matter, cause or proceeding which may be then pending 
 or may by law be brought before him in his official capacity, shall 
 upon conviction, be imprisoned in the penitentiary for a term not 
 exceeding two years, or shall be fined not exceeding $5,000, or 
 both, in the discretion of the court. Every officer who shall ac¬ 
 cept any such gift or promise, or undertaking to make the same 
 under any agreement or understanding that his vote, opinion, 
 judgment, or action shall be influenced thereby, or shall be given 
 in any question, matter, cause or proceeding then pending, or 
 which may by law be brought before him in his official capacity, 
 shall, upon conviction, be disqualified from holding any public 
 office, trust or appointment under the city or village, and shall 
 forfeit his office, and shall 'be punished by imprisonment in the 
 penitentiary not exceeding two years, or by a fine not exceeding 
 $5,000, or both, in the discretion of the court. Every person 
 offending against either of the provisions of this section, shall be 
 a competent witness against any other person offending in the 
 same transaction, and may be compelled to appear and give evi¬ 
 dence before any grand jury or in any court in the same manner 
 as other persons ; but the testimony so given shall not be used 
 in any prosecution or proceeding civil or criminal, against the per¬ 
 son so testifying. [See “ Crim. Code,” ch. 38, § 31, 35. 
 
29 
 
 80 Mayor, etc., not to hold other office.] § 9. No 
 mayor, alderman, city clerk or treasurer, shall hold any other office 
 under the city government during his term of office. [See “ offi¬ 
 cers,” ch. 102, § 2, 4. 
 
 81 Duties OF clerk.] § 10. The clerk shall keep the cor¬ 
 porate seal, to be provided under the direction of the city council 
 or board of trustees, and all papers belonging to the city or vil¬ 
 lage ; he shall attend all meetings of the city council or board of 
 trustees, and keep a full record of its proceedings in the journal; 
 and copies of all papers duly filed in his office, and transcripts 
 from the journals and other records and files of his office, certified 
 by him under the corporate seal, shall be evidence in all courts in 
 like manner as if the originals were produced. 
 
 82 Record OF ordinances.] § 11. The clerk shall record, 
 in a book to be kept for that purpose, all ordinances passed by 
 the city council or board of trustees, and at the foot of the record 
 of each ordinance so recorded shall make a memorandum of the 
 date of the passage and of the publication or posting of such 
 ordinance, which record and memorandum, or a certified copy 
 thereof, shall be prima facie evidence of the passage and legal 
 publication or posting of such ordinances for all purposes what¬ 
 soever. 
 
 83 Conservators of the peace—powers.] § 12. The trus¬ 
 tees in villages, the mayor, aldermen, and the marshal and his 
 deputies, policemen and watchmen, in cities if any such be ap¬ 
 pointed, shall be conservators of the peace : and all officers cre¬ 
 ated conservators of the peace by this act, or authorized by any 
 ordinance, shall have power to arrest, or cause to be arrested, 
 with or without processed persons who shall break the peace, or 
 be found violating ordinance of the city or village, or any crimi¬ 
 nal law of the State, commit for examination, and if necessary, 
 detain such persons in custody over night or Sunday in the 
 watch-house, or any other safe place, or until they can be 
 brought bsfore the proper magistrate, and shall have and exer¬ 
 cise such other powers, as conservators of the peace, as the city 
 council or board of trustees may prescribe. [See § 21. 
 
 84 Compensation of mayor.] § 13. The mayor of any 
 city shall receive such compensation as the city council may by 
 ordinance direct, but his compensation shall not be changed 
 during his term of office. [See § 237. 
 
85 Compensation of aldermen and trustees. § 14. The 
 aldermen and trustees may receive such compensation for their 
 services as shall be fixed by ordinance : Provided , however , such 
 compensation shall not exceed $3 to each alderman or trustee 
 for each meeting of the city council, or board of trustees, act¬ 
 ually attended by him, and no other compensation than for at¬ 
 tendance upon such meetings shall be allowed to any alderman 
 or trustee for any services whatsoever. Such compensation shall 
 not be changed, after it has been once established, so as to take 
 effect as to any alderman or trustee voting for such change, 
 during his term of office. [See § 237. 
 
 86 Compensation of other officers.] § 15. All other 
 officers may receive a salary, fees, or other compensation to be 
 fixed by ordinance, and after the same has been once fixed, such 
 fees or compensation shall not be increased or diminished, to 
 take effect during the term for which any such officer shall make 
 and return to the mayor, or president of the board of trustees, a 
 semi-annual report, verified by affidavit, of all such fees, and 
 emoluments received by him. [See “Fees and Salaries,” ch. 
 53, § 38. 
 
 87 Administering oaths.] § 16. The mayor of any city, 
 and the clerk of any city or village, shall have power to admin¬ 
 ister oaths and affirmations upon all lawful occasions. 
 
 ARTICLE VII. 
 
 OF FINANCE. 
 
 88 Fiscal year.] § 1. The fiscal year of each city or 
 village organized under this act shall commence at the date 
 established by law for the annual election of municipal officers 
 therein, or at such other times as may be fixed by ordinance. 
 
 89 Annual Appropriation ordinance] § 2. The city 
 council of cities, and board of trustees in villages, shall, within 
 the first quarter of each fiscal year, pass an ordinance to be 
 termed the annual appropriation bill, in which such corporate 
 authorities may appropriate such sum or sums of moneyas may 
 be deemed necessary to defray all necessary expenses and lia 
 bilities of such corporation; and in such ordinance shall specify 
 the objects and purposes for which said appropriations are made 
 and the amount appropriated for each object or purpose. No 
 further appropriations shall be made at any other time within 
 
31 
 
 such fiscal year, unless the proposition to make each approp¬ 
 riation has been first sanctioned by a majority of the legal voters 
 of such city or village, either by a petition signed by them, or 
 at a general or special election duly called therefor. [See § 245 
 253. 
 
 90 Limitation—emergency—borrowing money.] § 3. 
 Neither the city council nor the board of trustees, nor any de¬ 
 partment or officer of the corporation, shall add to the corpor¬ 
 ation expenditures in any one year any thing over and above 
 the amount provided for in the annual appropriation bill of that 
 year, except as is herein otherwise specially provided; and no ex¬ 
 penditure for an improvement to be paid for out of the general 
 fund of the corporation shall exceed, in any one year, the amount 
 provided for such improvement in the annual appropriation bill: 
 Provided , however , that nothing herein contained shall prevent 
 the city council or board of trustees from ordering, by a two- 
 thirds vote, any improvement, the necessity of which is caused 
 by any casualty or accident happening after such annual approp¬ 
 riation is made. The city council or board of trustees may, by 
 a like vote, order the mayor, president of the board of trustees 
 and finance committee to borrow a sufficient amount to provide 
 for the expense necessary to be incurred in making any im - 
 provements, the necessity of which has arisen as is last above 
 mentioned, for a space of time not exceeding the close of the 
 next fiscal year—which sum, and the interest, shall be added to 
 the amount authorized to be raised in the next general tax levy, 
 and embraced therein. Should any judgment be obtained 
 against the corporation, the mayor, or president of the board of 
 trustees and finance committee, under the sanction of the city 
 council or board of trustees, may borrow a sufficient amount to 
 pay the same, for a space of time not exceeding the close of the 
 next fiscal year—which sum and interest shall, in like manner 
 be added to the amount authorized to be raised in the genera} 
 tax levy of the next year, and embraced therein. [See § 245. 
 
 91 Contracting liabilities limited.] § 4. No contract 
 shall be hereafter made by the city council or board of trustees, 
 or any committee or member thereof; and no expense shall be 
 incurred by any of the officers or departments of the corpor¬ 
 ation, whether the object or the expenditure shall have been 
 ordered by the city council or board of trustees or not, unless 
 an appropriation shall have been previously made concerning 
 such expense, except as herein otherwise expressly provided. 
 [See Crim Code. ch. 38, § 208. 
 
32 
 
 92 Duties of treasurer] § 5. The treasurer shall receive 
 all moneys belonging to the corporation, and shall keep his 
 books and accounts in such manner as may be prescribed by 
 ordinance, and such books and accounts shall always be subject 
 to the inspection of any member of the city council or board of 
 trustees. 
 
 93 Separate accounts.] § 0. He shall keep a separate 
 account of each fund or appropriation, and the debts and credits 
 belonging thereto. 
 
 94 Receipts.] § 7. He shall give every person paying 
 money into the treasury a receipt therefor, specifying the date 
 of payment, and upon what account paid; and he shall also file 
 copies of such receipts with the clerk, at the date of his monthly 
 reports. 
 
 95 Monthly statements—warranty—vouchers—regis¬ 
 ter.] § 8. The treasurer shall, at the end of each and every 
 month; and oftener if required, render an account to the city 
 council or board of trustees, or such officer as may be desig¬ 
 nated by ordinance (under oath) showing the state of the treas¬ 
 ury at the date of such account, and the balance of money in 
 the treasury He shall also accompany such accounts with a 
 statement of all moneys received into the treasury, and on what 
 account, together with all warrants redeemed and paid by him; 
 which said warrants, with any and all vouchers held by him, 
 shall be delivered to the clerk, and filed with his said account in 
 the clerk’s office, upon every day of such settlement. He shall 
 return all warrants paid by him stamped or marked “ paid.” 
 He shall keep a register of all warrants reedeemed and paid, 
 which shall describe such warrants, and show the date, amount, 
 number, the fund from which paid, the name of the person to 
 whom and when paid. 
 
 90 Deposit of funds — separate from his.] § 9. The 
 treasurer may be required to keep all moneys in his hands, be¬ 
 longing to the corporation, in such place or places of deposit 
 as may be designated by ordinance: Provided , however , no such 
 ordinance shall be passed by which the custody of such money 
 shall be taken from the treasurer and deposited elsewhere than 
 in some regularly organized bank, not without a bond to be 
 taken from such bank, in such penal sum and with such 
 security as the city council or board of trustees shall direct and 
 approve, sufficient to save the corporation from any loss ; but 
 
33 
 
 such penal sum shall not be less than the estimated receipts for 
 the current year from taxes and special assessments levied, or to 
 be levied, by the corporation. The treasurer shall keep all 
 moneys belonging to the corporation in his hands separate and 
 distinct from his own moneys, and he is hereby expressly pro¬ 
 hibited from using either directly or indirectly, the corporation 
 money or warrants in his custody and keeping, for his own use 
 and benefit, or that of any other person or persons whomsoever, 
 and any violation of this provision shall subject him to imme¬ 
 diate removal from office by the city council or board of trustees, 
 who are hereby authorized to declare said office vacant; and in 
 which case his successor shall be appointed, who shall hold his 
 office for the remainder of the term unexpired of such officer so 
 removed. [See “ Crim. Code,” ch. 38, § 80,81. 
 
 97 Treasurers annual report—publication.] § 10. The 
 treasurer shall report to the city council or board of trustees, as 
 often as required, a full and detailed account of all receipts and 
 expenditures of the corporation, as shown by his books, up to 
 the time of said report; and he shall annually, between the first 
 and tenth of April, make out and file with the clerk a full and 
 detailed account of all such receipts and expenditures, and of 
 all his transactions, as such treasurer, during the preceding fiscal 
 year and shall show in such account the state of the treasury at 
 the close of the fiscal year; which account the clerk shall 
 immediately cause to be published in a newspaper printed in 
 such city, if there be one, and if not, then by posting the same 
 in a public place in the clerk’s office. 
 
 98 Warrants.] § 11. All warrants drawn upon the treas¬ 
 urer must be signed by the mayor and countersigned by the 
 clerk, stating the particular fund or appropriation to which the 
 same is chargeable, and the person to whom payable ; and no 
 money shall be otherwise paid than upon such warrants so 
 drawn, except as hereinafter provided. 
 
 99 Special assessment funds kept separate.] § 12. All 
 
 moneys received on any special assessment shall be held by the 
 treasurer as a special fund to be applied to the payment of the 
 improvement for which the assessment was made, and said 
 money shall be used for no other purpose whatever, unless to 
 reimburse such corporation for money expended for such 
 improvement. 3 
 
34 
 
 CITY COLLECTOR. 
 
 1<>(> His duties.] § 13. It shall be the duty of the col¬ 
 lector, when one is appointed, to preserve all warrants which 
 are returned into his hands, and he shall keep such books and 
 his accounts in such manner as the city council may prescribe. 
 Such warrants, books, and all papers pertaining to his office 
 shall at all times be open to the inspection of, and subject to the 
 examination of the mayor, city clerk, any member of the coun¬ 
 cil, or committee thereof. He shall weekly, and oftener, if re¬ 
 quired by the council, pay over to the treasurer all moneys 
 collected by him from any source whatever, taking such treas¬ 
 urer’s receipt therefor, which receipt he shall immediately file 
 with the city clerk; but the city clerk shall, at the time, or on 
 demand, give such tax collector a copy of any such receipts so 
 filed. 
 
 lOl He shall report, etc.,—publication.] § 14. He 
 shall make a report, in writing, to the council, or any 
 officer designated by the council, of all moneys collected by him 
 the account whereon collected, or of any other matter in con¬ 
 nection with his office, when required by the council or by any 
 ordinance of the city. He shall also, annually, between the 1st 
 and 10th of April, file with the clerk a statement of all the 
 moneys collected by him during the year, the particular warrant, 
 special assessment, or account on which collected, the balance 
 of moneys uncollected on all warrants in his hands, and the 
 balance remaining uncollected at the time of the return on all 
 warrants which he shall have returned, during the preceding 
 fiscal year to the city clerk. The city clerk shall publish or 
 post the same, as hereinbefore required to be done in regard to 
 the annual report of the treasurer. [See § 97. 
 
 10£ Not detain money—penalty.] § 15. The collector is 
 hereby expressly prohibited from keeping the moneys of the 
 city in his hands, or in the hands of any person or corporation, 
 to his use, beyond the time which may be prescribed for the 
 payment of the same to the treasurer, and any violation of this 
 provision will subject him to immediate removal from office. 
 [See Crim. Code. ch. 28, § 80, 81. 
 
 103 Examination of his books—paying over.] § 16. All 
 the city collector’s papers, books, warrants and vouchers may 
 be examined at any time by the mayor or clerk, or any member 
 
35 
 
 of the city council; and the collector shall every two weeks or 
 oftener if the city council so direct, pay over all money col¬ 
 lected by him from any person or persons, or associations, to 
 the treasurer, taking his receipt therefor in duplicate, one of 
 which receipts he shall at once file in the office of the clerk. 
 
 CITY COMPTROLLER. 
 
 104 His powers and duties.] § 17. The city comptroller 
 (if there shall be any city comptroller appointed, if not, then 
 the clerk) shall exercise a general supervision over all the 
 officers of the corporation charged in any manner with the re¬ 
 ceipt, collection or disbursement of corporation revenues, and 
 the collection and return of all such revenues into the treasury. 
 He shall have the charge, custody, and control of all deeds, 
 leases, warrants, vouchers, books, and papers of any kind, the 
 custody and control of which is not herein given to any other 
 officers ; and he shall, on or before the 15th day of May, 
 in each year, and before the annual appropriations to be made 
 by the city council or the board of trustees, submit to the 
 city council or board of trustees, a report of his estimates 
 as nearly as may be, of moneys necessary to defray the expenses 
 the corporation during the current fiscal year. He shall, in said 
 report, class the different objects and branches of expenditures, 
 giving, as nearly as may be, the amount required for each; and 
 for the purpose of making such report, he is authorized to 
 require of all officers their statements of the condition and ex¬ 
 penses of their respective offices or departments, with any pro¬ 
 posed improvements and the probable expense thereof, all con¬ 
 tracts made and unfinished, and the amount of any and all unex¬ 
 pended appropriations of the preceding year. He shall, in such 
 report, show the aggregate income of the preceding fiscal year 
 from all sources, the amount of liabilities outstanding upon 
 which interest is to be paid, the bonds and debts payable during 
 the year, when due and when payable; and in such report he 
 shall give such other information to the council or board of 
 trustees as he may deem necessary, to the end that the city 
 council or board of trustees may fully understand the money 
 exigencies and demands upon ihe corporation for the current 
 year. 
 
 105 Council may define the duties—transfer of clerk’s 
 financial duties.] § 18. When there shall be appointed in 
 any city a comptroller, the city council may, by ordinance or 
 
36 
 
 resolution, confer upon him such powers, and provide for the 
 performance of such duties by him, as the city council shall 
 deem necessary and proper; and all the provisions of this act 
 relating to the duties of city clerk, or the powers of city clerk 
 in connection with the finances, the treasurer and- collector, or 
 the receipt and disbursements of the moneys of such city, shall 
 be exercised and performed by such comptroller, if one there 
 shall be appointed; and to that end and purpose, wherever in 
 this act heretofore, the word “ clerk,*’ is used, it shall be held to 
 mean “comptroller,” and wherever the “ clerk’s office” is referred 
 to it shall be held to mean “ comptroller’s office.” 
 
 106 Record of bonds issued by city.] § 19. The comp¬ 
 troller, when there shall be a comptroller, and if not, then the 
 clerk, shall keep in his office, in a book or books kept expressly 
 for that purpose, a correct list of all the outstanding bonds of 
 the city, showing the number and amount of each, for and to 
 whom the said bonds are issued; and when any city bonds are 
 purchased, or paid, or canceled, said book or books shall show 
 the fact; and in his aunual report he shall describe, particularly, 
 the bonds sold during the year, and the terms of sale, with each 
 and every item of expense thereof. 
 
 GENERAL PROVISIONS. 
 
 107 Further duties may be required.] § 20. The col¬ 
 lector and treasurer, and all other officers connected with the 
 receipt and expenditure of money, shall perform such other 
 duties, and be subject to such other rules and regulations as the 
 city council or board of trustees may, from time to time, by 
 ordinance, provide and establish. 
 
 108 Appeal to finance committee.] § 21. In the adjust¬ 
 ment of the accounts of the collector or treasurer with the clerk 
 (or comptroller if there shall be one), there shall be an appeal 
 to the finance committee of the council or board of trustees, 
 whose decision in all matters of controversy arising between 
 said officers shall be binding, unless the city council or board of 
 trustees shall otherwise direct and provide. 
 
 109 Who may appoint subordinates.] § 22. The comp¬ 
 troller, (if there shall be one), the clerk, treasurer, and collector, 
 shall, severally, appoint such various clerks and subordinates in 
 their respective offices as the city council or board of trustees 
 may authorize, and shall be held, severally, responsible for the 
 fidelity of all persons so appointed by them. 
 
37 
 
 HO Foreign insurance companies—licenses, etc.—pen¬ 
 alties.] § 23. All corporations, companies, or associations 
 not incorporated under the laws of this State, engaged in any 
 city in effecting fire insurance, shall pay to the treasurer the sum 
 of $2 upon the $ioo of the net receipts by their agency in such 
 city, and at that rate upon the amount of all premiums which, 
 during the half year ending on every 1st day of July and Janu¬ 
 ary, shall have been received for any insurance effected or 
 agreed to be effected in the city or village, by or with such cor¬ 
 porations, companies, or associations, respectively. Every per¬ 
 son who shall act in any city or village as agent, or otherwise, 
 for or on behalf of any such corporation, company or associa¬ 
 tion, shall, on or before the 15th day of July and January, in 
 each year, render to the comptroller (if any there be, if not, to 
 the clerk) a full, true, and just account, verified by his oath, of 
 all premiums which, during the half year ending on every first 
 day of July and January preceding such report, shall have been 
 received by him, or any other person for him, in behalf of any 
 such corporation, company, or association, and shall specify in 
 said account the amounts received for fire insurance. Such 
 agents shall also pay over to the treasurer, at the time of ren¬ 
 dering the aforesaid account, the amount of rates for which the 
 company of companies represented by them are severaly charge¬ 
 able by virtue hereof. If such account be not rendered on or 
 before the day hereinbefore designated for that purpose, or if the 
 said rates shall remain unpaid after that day, it shall be unlawful for 
 any corporation, company, or association, so in default to transact 
 any business of insurance in any such city or village, until the said 
 requisitions shall have been fully complied with; but this provision 
 shall not relieve any company from the payment of any risk 
 that may be taken in violation hereof. Any person or persons 
 violating any of the provisions of this section shall be subject to 
 indictment, and upon conviction thereof, in any court of compe¬ 
 tent jurisdiction, shall be fined in any sum not exceeding $1,000, 
 or imprisoned not exceeding six months, or both, in the discre¬ 
 tion of the court. Said rates may also be recovered of such cor¬ 
 poration, company or association, or its agent, by action in the 
 name and for the use of any such city or village as for money 
 had and received for its use: Provided , that this section shall 
 only apply to such cities and villages as have an organized fire 
 department, or maintain some organization for the prevention of 
 fires. [See “Insurance,” ch.73, § 30. 
 
38 
 
 ARTICLE VIII. 
 
 OF THE ASSESSMENT AND COLLECTION OF TAXES. 
 
 111 Ordinances levying tax.] §1. The city council in 
 cities, and board of trustees in villages, may assess and collect 
 taxes for corporate purposes, in the following manner: The city 
 council or board of trustees, as the case may be, shall on or be¬ 
 fore the second Tuesday in September (August), in each year, 
 ascertain the total amount of appropriations for all corporate 
 purposes, legally made, and to be collected from the tax levy of 
 that fiscal year, and by ordinance levy and assess such amount, 
 so ascertained, upon the real and personal property within the 
 city or village subject to taxation, as the same is assessed for 
 state and county purposes for the current year. A certified 
 copy of such ordinance shall be filed with the county clerk of 
 the proper county, whose duty it shall be to ascertain the rate 
 per cent, which upon the total valuation of all property subject 
 to taxation within the city or village, as the same is assessed 
 and equalized for state and county purposes, will produce a net 
 amount not less than the amount so directed to be levied and 
 assessed; and it shall be the duty of the county clerk to extend 
 such tax, in a separate column, upon the book or books of the 
 collector or collectors of the state and county taxes within such 
 city or village. [See § 114 “ Revenue,” ch. 120, § 122. 
 
 112 Manner of collecting.] § 2. The tax so assessed 
 shall be collected and enforced in the same manner and by the 
 same officers as State and county taxes, and shall be paid over 
 by the officers collecting the same, to the treasurer of the city 
 or village. 
 
 113 Time for paying over.] § 3. It shall be the duty of 
 the officer collecting such tax to settle with and pay over to 
 such treasurer, as often as once in two weeks from the time he 
 shall commence the collection thereof, all such taxes as he shall 
 then have collected, till the whole tax collected shall be paid 
 over. [See “ Revenue,” ch. 120, § 138, 164,167, 243, 244. 
 
 114 When tax levied for particular purpose.] § 4. 
 Whenever any city or village is required to levy a tax for the 
 payment of any particular debt, appropriation, or liability of the 
 same, the tax for such purpose shall be included in the total 
 amount assessed by the city council or board of trustees, and 
 certified to the county clerk as aforesaid; but the city council 
 
or board of trustees shall determine, in the ordinance making 
 such assessment, what proportion of such total amount shall be 
 applicable to the payment of such particular debt, appropriation 
 or liability; and the city or village treasurer shall set apart such 
 proportion of the tax collected and paid to him forthe payment of 
 such particular debt, appropriation, or liability, and shall not dis¬ 
 burse the same for any other purpose until such debt, appropri¬ 
 ation, or liability shall have been discharged. 
 
 115 Uniformity.] § 5. All taxes levied or assessed by any 
 city or village, except special assessments for local improve¬ 
 ments, shall be uniform upon all taxable property and persons 
 within the limits of the city, and no property shall be exempt 
 therefrom other than such property as maybe exempt from tax¬ 
 ation under the Constitution and general laws of the state. 
 [See Const., art. 9, § 9. 
 
 ARTICLE IX. 
 
 SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 
 
 116 Powers conferred. § 1. That the corporate authori¬ 
 ties of cities and villages are hereby vested with power to make 
 local improvements by special assessment or by special taxa¬ 
 tion, or both, of contiguous property, or general taxation, or 
 otherwise, as they shall by ordinance prescribe. [See Const., 
 art. 9, § 9; “ Plats,” ch. 109, § 1-10. 
 
 117 Ordinance for improvement. § 2 . When any such 
 city or village shall, by ordinance, provide for the making of 
 any local improvement, it shall, by the same ordinance, prescribe 
 whether the same shall be made by special assessment or by 
 special taxation of contiguous property, or general taxation, or 
 both. 
 
 118 When property is taken, etc.] § 3. Should said or¬ 
 dinance provide for improvements which require the taking or 
 damaging of property, the proceeding for making just compen¬ 
 sation therefor shall be as follows: 
 
 119 Petition.] § 4. Whenever any such ordinance shall 
 be passed by the legislative authority of any such city or village, 
 for the making of any improvement mentioned in the first sec¬ 
 tion of this act, or any other local improvement that such city 
 or village is authorized to make, the making of which will re¬ 
 quire that private property be taken or damaged for public use, 
 
40 
 
 such city or village shall file a petition in some court of record 
 of the county in which such city is situated, in the name of the 
 city, praying that “the just compensation to be made for private 
 property to be taken or damaged for the improvement or pur¬ 
 pose specified in such ordinance shall be ascertained by a jury.” 
 [See Const., art. 2, § 13. 
 
 120 Form of petition.] § 5. Such petition shall contain a 
 copy of the said ordinance, certified by the clerk under the cor¬ 
 porate seal; a reasonably accurate description of the lots, parcels 
 of land, and property which will be taken or damaged, and the 
 names of the owners and occupants thereof, so far as known to 
 the board or officer filing the petition, and where any known 
 owners are non-residents of the state, stating the fact of such 
 non-residence. 
 
 121 Summons—publication—notice.] § 6. Upon the filing 
 of the petition aforesaid, a summons which maybe made return¬ 
 able upon any day in term time, shall be issued and served upon 
 the persons made parties defendant, as in cases in chancery. 
 And in case any of them are unknown, or reside out of this 
 state, the clerk of the court, upon an affidavit being filed show¬ 
 ing such fact, shall cause publication to be made in some 
 newspaper printed in his county, or, if there be no newspaper 
 published in his county, then in some newspaper published in this 
 state, containing notice of the pendency of such proceeding, the 
 parties thereto, the title of the court, and the time and place of 
 the return of the summons in the case, and the nature of said 
 proceeding ; such publication to be made for four weeks con¬ 
 secutively, at least once in each week, the first of which shall 
 be at least thirty days before the return day of such summons. 
 Notices so given by publication shall be sufficient to authorize 
 the court to hear and determine the suit, as though all parties 
 had been sued by their proper names and had been personally 
 served. [As amended by act approved and in force March 30, 
 1874. 
 
 122 Hearing — jury.] § 7. Upon the return of said sum¬ 
 mons, or as soon thereafter as the business of the court will per¬ 
 mit, the said court shall proceed to the hearing of such petition, 
 and shall impanel a jury to ascertain the just compensation to 
 be paid to all such owners and occupants aforesaid; but if any 
 defendant or party in interest shall demand, or the court shall 
 deem it proper, separate juries may be impaneled as to the com- 
 
41 
 
 v 
 
 pensation or damages to .be paid to any one or more of such 
 defendants or parties in interest. [As amended by act approved 
 and in force March 30, 1874. 
 
 123 Jury to ascertain compensation—admitting other 
 parties.] § 8. Such jury shall also ascertain the just compensa¬ 
 tion to be paid to any person claiming an interest in any lot, 
 parcel of land, or property which may be taken or damaged by 
 such improvement, whether or not such persons name, or such 
 lot, parcel of land, or other property, is mentioned or described 
 in such petition; Provided, such person shall first be admitted as 
 a party defendant to said suit by such court, and shall file a 
 statement of his interest in and description of the lot, parcel of 
 land, or other property in respect to which he claims compensa¬ 
 tion. 
 
 124 Viewing premises—ownership, etc.] § 9. The court 
 may, upon tbe motion of such city or village, or of any person 
 claiming any such compensation, direct that said jury (under 
 the charge of an officer of the court) shall view the premises 
 which it is claimed by any party to said proceeding will be taken 
 or damaged by said improvement, and in any case, where there 
 is no satisfactory evidence given to the jury as to the ownership 
 of, or as to the extent of the interest of any defendant in the 
 property to be taken or damaged, the jury may return their ver¬ 
 dict as to the compensation or damage to be paid for the proper¬ 
 ty or part of property to be taken or damaged, and for the entire 
 interests therein. [As amended by act approved and in force 
 March 30, 1874. 
 
 125 Judgment—new parties—further proceedings ] § 10. 
 Upon the return of such verdict, the court shall order the same 
 to be recorded, and shall enter such judgment or decree thereon 
 as the nature of the case may require. The court shall continue 
 or adjourn the cause, from time to time as to all occupants and 
 owners named in such petition who shall not have been served 
 with process, or brought in by publication, and shall order a new 
 summons to issue and new publication to be made; and up¬ 
 on such occupants or owners being brought into court, shall 
 impanel a jury to ascertain the compensation so to be paid to 
 such defendant or defendants, for private property taken or dam¬ 
 aged ; and like proceedings shall be had for such purpose as 
 hereinbefore provided for the ascertaining of compensation to 
 other owners. 
 
42 
 
 126 Powers of court.] § 11. The court shall have power, 
 at any time, upon proof that any such owner or owners named 
 in such petition, who has not been served with process, has 
 ceased to be such owner or owners since the filing of such peti¬ 
 tion, to impanel a jury and ascertain the just compensation to be 
 made for the property (or the damage thereto) which had been 
 owned by the person or persons so ceasing to own the same ; 
 and the court may, upon any finding or findings of any jury or 
 juries, or at any time during the course of such proceedings, 
 enter such order, rule, judgment, or decree, as the nature of the 
 case may require. 
 
 127 Ownership—further powers of court,] §12. No 
 delay in making an assessment of compensation shall be occa¬ 
 sioned by any doubt or contest which may arise as to the own¬ 
 ership of the property, or any part thereof, or as to the interests 
 of the respective owners or claimants, but in such case the court 
 may empanel a jury and ascertain the entire compensation or 
 damage that should be paid for the property, or part of property, 
 and the entire interests of all parties therein, and may require 
 adverse claimants to interplead so as to fully determine their 
 rights and interests in the compensation so ascertained. And 
 the court may make such order as may be necesary in regard 
 to the deposit or payment of such compensation. 
 
 128 Persons under disability.] § 13. When it shall ap¬ 
 pear, from such petition or otherwise, at any time during the 
 proceedings upon such petition, that any infant, or insane or dis¬ 
 tracted person is interested in any property that is to be taken 
 or damaged, the court shall appoint a guardian ad litem , for 
 such infant or insane or distracted person, to appear and defend 
 for him, her, or them; and the court shall make such order or 
 decree as it shall deem proper to protect and secure the interest 
 of such infant, or insane or distracted person, in such property, 
 or the compensation which shall be awarded therefor. 
 
 129 Judgment—effect—appeal, etc.] § 14. Any final 
 judgment or judgments, rendered by said court, upon finding or 
 findings, of any jury or juries, shall be a lawful and sufficient 
 condemnation of the land or property to be taken upon the pay¬ 
 ment of the amount of such finding as hereinafter provided. It 
 shall be final and conclusive as to the damages caused by such 
 improvement, unless such judgment or judgments shall be ap¬ 
 pealed from; but no appeal or writ of error upon the same shall 
 delay proceedings under said ordinance, if such city or village 
 
43 
 
 shall deposit, as directed by the court, the amount of the judg¬ 
 ment and costs, and shall file a bond in the court in which such 
 judgment was rendered, in a sum to be fixed and with security 
 to be approved by the judge of said court, which shall secure 
 the payment of any future compensation which may at any time 
 be finally awarded to such party so appealing or suing out such 
 writ of error, and his or her costs. 
 
 130 Order for possession.] § 15. The court, upon proof 
 that said just compensation so found by the jury has been paid 
 to the person entitled thereto, or has been deposited as directed 
 by the court (and bond given, in case of any appeal or writ of 
 error), shall enter an order that the city or village shall have the 
 right, at any time thereafter, to take possession of or damage 
 the property, in respect to which such compensation shall have 
 been so paid or deposited, as aforesaid. 
 
 131 When improvement made by general tax.] § 16. 
 When the ordinance under which said improvement is ordered 
 to be made shall provide that such improvement shall be made 
 by general taxation, the cost of such improvement shall be 
 added to the general appropriation bill of such city or village, 
 and shall be levied and collected with and as a part of the gen¬ 
 eral taxes of such city or village. 
 
 132 Special taxation.] § IT. When said ordinance under 
 which said local improvement shall be ordered shall provide 
 that such improvement shall be made by special taxation of con¬ 
 tiguous property, the same shall be levied, assessed, and col¬ 
 lected in the way provided in the sections of this act providing 
 for the mode of making, levying, assessing and collecting special 
 assessments. 
 
 SPECIAL ASSESSMENT. 
 
 133 How made.] § 18. When the ordinance under which 
 said local improvement is ordered to be made shall provide that 
 such improvement shall be wholly or in part made by special 
 assessment, the proceeding for the making such special as¬ 
 sessment shall be in accordance with the sections of this act [ar¬ 
 ticle] from 18 to 51, inclusive. 
 
 134 Ordinance for sidewalks—owners rights.] § 19. 
 Whenever such local improvements are to be made wholly or 
 in part by special assessment, the said council in cities, or board 
 
44 
 
 of trustees in villages, shall pass an ordinance to that effect, 
 specifying therein the nature, character, locality, and description 
 of such improvement; Provided , that whenever any such ordi¬ 
 nance shall provide only for the building or renewing of any 
 sidewalk, the owner of any lot or piece of land fronting on such 
 sidewalk shall be allowed fifteen days after the time at which 
 such ordinance shall take effect in which to build or renew such 
 sidewalk opposite his land, and thereby relieve the same from as¬ 
 sessment ; Provided , that the work so to be done shall in all re¬ 
 spects conform to the requirements of such ordinance. 
 
 135 Estimate of cost.] § 20. The city council or board 
 of trustees shall appoint three of its members, or any other three 
 competent persons, who shall make an estimate of the cost 
 of the improvement contemplated by such ordinance, including 
 labor, materials, and all other expenses attending the same, and 
 the cost of making and levying the assessment, and shall report 
 the same in writing to said council or board of trustees. 
 
 136 Order for proceedings in court.] § 21. On such 
 report being made and approved by the council or board of 
 trustees, as the case may be, it may order a petition to be filed 
 by such officer as it shall direct, in the county court of its coun¬ 
 ty, for proceedings to assess the cost of such improvement in the 
 manner provided in this act. 
 
 137 Petition to court.] § 22. The petition shall be in 
 the name of the corporation, and shall recite the ordinance for j 
 the proposed improvement and the report of such commission, 
 and shall pray that the cost of such improvement may be as¬ 
 sessed in the manner precribed by law. 
 
 138 Appointment of commissioners—oath] §23. Upon 
 the filing of such petition the court shall appoint three compe- : 
 tent persons as commissioners, who shall take and subscribe an I 
 oath, in substance as follows, to-wit: 
 
 State of Illinois, \ 
 
 -County f * “ We, the undersigned Commission¬ 
 ers, appointed by the County Court of -county to assess 
 
 the cost of-[here state in general terms the improvement] 
 
 do solemnly swear (or affirm, as the case may be) that we will 
 a true and impartial assessment make of the cost of said im¬ 
 provement upon the city (or village) of-, and the property 
 
 benefited by such improvement, to the best of our ability, and 
 according to law.” 
 
45 
 
 139 Duty of commissioners.] § 23. It shall be the duty 
 of such commissioners to examine the locality where the im¬ 
 provement is proposed to be made, and the lots, blocks, tracts, 
 and parcels of land that will be specially benefited thereby, and 
 to estimate what proportion of the total cost of such improve¬ 
 ment will be of benefit to the public, and what proportion there¬ 
 of will be of benefit to the property to be benefited, and appor¬ 
 tion the same between the city or village and such property, so 
 that each shall bear its relative equitable proportion ; and, hav¬ 
 ing found said amounts, to. apportion and assess the amount so 
 found to be of benefit to the property upon the several lots, 
 blocks, tracts and parcels of land in the proportion in which they 
 will be severally benefited by such improvement; Provided ’ that 
 no lot, block, tract, or parcel of land shall be assessed a greater 
 amount than it will be actually benefited ; And, provided , further, 
 that it shall not be necessary for said commissioners to examine 
 the locality except where the ordinance provides for the opening, 
 widening, or improvement of streets and alleys. [As amended by 
 act approved and in force March 30, 1874. 
 
 -[§ 25 repealed by an act approved April 25, 1873.] 
 
 140 Assessment roll—return.] § 26. They shall also 
 make or cause to be made an assessment roll, in which shall ap¬ 
 pear the names of the owners, so far as known, a description of 
 each lot, block, tract, or parcel of land, and the amount assessed 
 special benefits thereto, and in which they shall set down as 
 against the city or village the amount they shall have found as 
 public benefit, and certify such assessment roll to the court by 
 which they were appointed, at least ten days before the first day 
 of the term at which a final hearing thereon shall be had. [As 
 amended by act approved and in force March 30, 1874. 
 
 141 Notice by mail—posting and publication.] § 27. 
 It shall also be the duty of such commissioners to give notice of 
 such assessment, and of the term of court at which a final hearing 
 thereon will be had, in the following manner: 
 
 1. They shall send by mail to each owner of premises assessed, 
 whose name and place of residence is known to them, a notice, 
 substantially in the following form: 
 
 Mr.-, Your (here give a short description of the 
 
 premises), is assessed $-for public improvement. The assess- 
 
4(5 
 
 ment roll will be returned to the-term of the County Court 
 
 of -County. 
 
 (Here give date.) - 
 
 Commissioners. 
 
 2. They shall cause at least ten days’ notice to be given, by 
 posting notices in at least four public places in such city or vil¬ 
 lage, two of which shall be in the neighborhood of such proposed 
 improvement; and when a daily newspaper is published in such 
 city or village, by publishing the same at least five successive 
 days in such daily newspaper, and if no daily newspaper is pub¬ 
 lished in such city or village, and a weekly newspaper is published 
 therein, then at least once in each week, for two successive weeks, 
 in such weekly newspaper, or if no daily or weekly newspaper is 
 published in such city or village, then in a newspaper published 
 in the county in which such city or village is situated. The no¬ 
 tice may be substantially as follows : 
 
 SPECIAL ASSESSMENT NOTICE. 
 
 Notice is hereby given to all persons interested, that the city 
 council (or board of trustees, as the case may be) of-, hav¬ 
 
 ing ordered that (here insert the nature and description of im¬ 
 provement substantially as in ordinance), have applied to the 
 
 County Court of --County, for an assessment of the cost of 
 
 said improvements, according to benefits; and an assessment 
 thereof having been made and returned to said court, the final 
 hearing thereon will be had at the- term of said court, com¬ 
 mencing on the-day of-, A.D. 18—. All persons 
 
 desiring may then and there appear and make their defense. 
 
 (Here give date.) - 
 
 Commissioners. 
 
 [As amended by act approved April 25, 1873; in foree July 1, 
 1873. 
 
 142 PROOF OF notice.] § 28. On or before the final hear¬ 
 ing, the affidavit of one or more of the commissioners shall be 
 filed in said court, stating that they have sent or caused to be 
 
 I 
 
 < 
 
47 
 
 sent by mail, to the owners whose premises have been assessed, 
 and whose name and place of residence are known to them, the 
 notice hereinbefore required to be sent by mail to owners of 
 premises assessed. They shall also cause to be filed the affidavit 
 of the person who shall have posted the notices required by this act 
 to be posted, setting forth when and in what manner the same 
 were posted. Such affidavits shall be received as prima facie 
 evidence of a compliance with this act in regard to giving such no¬ 
 tices. They shall also file a certificate of publication of said notice 
 in like manner as is required in other cases of publication of no¬ 
 tices. [As amended by act approved April 25,1873; in force 
 July 1, 1873. 
 
 KJ 
 
 a 
 
 143 Continuance when notice not in time.] § 29. If 
 ten days shall not have elapsed between the first publication or 
 the putting up of such notices and the first day of the next term 
 of such court, the hearing shall be continued until the next term 
 of court. 
 
 V 
 
 144 Objection—judgment by default.] § 30. Any 
 person interested in any real estate to be affected by such 
 assessment, may appear and file objections to such report 
 and the court may make such order in regard to th 
 time of filing pleas. As to all lots, blocks, tracts and 
 parcels of land to the assessment of which objections are not 
 filed within the time ordered by the court, default may be entered, 
 and the assessment confirmed by the court. 
 
 145 HEARING—JURY.] § 31. On the hearing, the report of 
 the commissioners shall be competent evidence, and either party 
 may introduce such other evidence as may tend to establish the 
 right of the matter. The hearing shall be conducted as in other 
 cases at law, and if it shall appear that the premises of the objec¬ 
 tor are assessed more or less than they will be benefited, or more 
 or less than their proportionate share of the cost of the improve¬ 
 ment, the jury shall so find, and also find the amount for which 
 such premises ought to be assessed, and judgment shall be ren¬ 
 dered accordingly. 
 
 ✓ 
 
 
 146 Precedence.] § 32. The hearing in all cases arising ^ 
 under this act shall have precedence over all other cases in such 3 
 court, except criminal cases. 
 
 147 Court may modify, etc. the assessment.] § 33. ^ 
 
 The court before which any such proceeding may be pending, v v 
 shall have authority, at any time before final adjournment [judg- jc 
 
48 
 
 ment], to modify, alter, change, annul, or confirm any assessment 
 returned, as aforesaid, or cause any such assesment to be recast 
 by the same commissioners whenever it shall be necessary for the 
 attainment of justice, or may appoint other commissioners in the 
 place of all or any of the commissioners first appointed, for the 
 purpose of making such assessment, or modifying, altering, chang¬ 
 ing or recasting the same, and may take all such proceedings and 
 make all such orders as may be necessary to make a true and 
 just assessment of the cost of such improvement according to the 
 principles of this act, and may, from time to time, as may be 
 necessary, continue the application for that purpose as to the 
 whole or any part of the premises. 
 
 148 J UDGMENT SEVERAL—APPEAL, ETC.—LIEN.] § 34. The 
 judgment of the court shall have the effect of a several judgment 
 as to each tract or parcel of land assessed, and any appeal from 
 such judgment or writ of error shall not invalidate or delay the judg¬ 
 ment, except as to the property concerning which the appeal or 
 writ of error is taken. Such judgment shall be a lien upon the 
 property assessed, from the date thereof until the payment shall 
 be made. 
 
 149 Judgment certified to city cleric—filing—war¬ 
 rant.] § 35. The clerk of the court in which such judgment is 
 rendered shall certify the assessment roll and judgment to the 
 clerk of such city or village, or if there has been an appeal or writ 
 of error taken on any part of such judgment, then he shall certify 
 such part of the judgment as is not included in such appeal or 
 writ of error. The clerk of the city or village shall file such certi¬ 
 ficate in his office, and issue a warrant for the collection of such 
 assessment. 
 
 150 FORM OF warrant.] § 36. The warrant in all cases 
 of assessment under this act shall contain a copy of such certifi¬ 
 cate of the judgment, describing the lots, blocks, tracts or parcels 
 of land assessed, and the respective amounts assessed on each 
 lot, block, tract, or parcel of land, and shall be delivered to the 
 officer authorized to collect such special assessments. Such war¬ 
 rant shall give sufficient authority to collect the assessments 
 therein specified. 
 
 151 Collectors notice—form of.] § 37. The collector 
 receiving such warrant shall immediately give notice thereof by 
 publishing such notice in one or more newspapers in such city or 
 village, if such newspaper is there; and if there is no such news¬ 
 paper, then by posting four copies thereof in public places along 
 
49 
 
 the line of the proposed improvement. Such notice may be sub¬ 
 stantially in the following form : 
 
 Special assessment notice, special warrant no.— Pub¬ 
 lic notice is hereby given that the (here insert title of court) has 
 rendered judgment for a special assessment upon property bene 
 fated by the following improvement (here insert the character and 
 location of the improvement in general terms) as will more fully 
 appear from the certified copy of the judgment on file in the office 
 
 of the clerk of the city (or village) of-; that a warrant for 
 
 the collection of such assessments is in the hands of the under¬ 
 signed. All persons interested are hereby notified to call and pay 
 the amounts assessed, at the collector’s office, (here insert location 
 of office) within thirty days from the date hereof. 
 
 Dated this-day of-, A. D. 18—. 
 
 -, Collector. 
 
 152 Manner of collecting—entry of payment.] § 38. 
 It shall be the duty of the collector into whose hands the war¬ 
 rant shall so come, as far as practicable, to call upon all persons 
 resident within the corporation whose names appear on the as¬ 
 sessment roll, or. the occupants of the property assessed, and per¬ 
 sonally, or by written or printed notice left at his or her usual 
 place of abode, inform them of such assessment, and request pay- 
 .ment of the same. Any such collector omitting so to do shall 
 be liable to a penalty of $10 for every such omission, but the va¬ 
 lidity of the special assessment, or the right to apply for and ob¬ 
 tain judgment for any such special [assessment], shall not be 
 affected by such omission. It shall be the duty of such collector 
 to write the word “ paid ” opposite each tract or lot on which the 
 assessment is paid, together with the name and postofifice address 
 of the person making the payment, and date of payment. 
 
 153 Report of delinquent list to county collector 
 —EVIDENCE—DEFENSE.] § 39. It shall be the duty of the col¬ 
 lector of special assessments, within such time as the city council 
 or board of trustees may by ordinance provide, to make a report 
 in writing—to the general officer of the county authorized, or to 
 be designated by the general revenue law of this state, to apply 
 for judgment and sell lands for taxes due the county and state— 
 of all the lands, town lots, and real property on which he shall 
 have been unable to collect special assessments, with the amount 
 of special assessments due and unpaid thereon, together with his 
 
 4 
 
50 
 
 warrant, or with a brief description of the nature of the warrant 
 or warrants received by him authorizing the collection thereof; 
 which report shall be accompanied with the oath of the collector 
 that the list is a correct return and report of the lands, town lots 
 and real property on which the special assessments levied by au¬ 
 thority of the city of-, (or village of -*, as the case may 
 
 be), remain due and unpaid ; that he is unable to collect the same 
 or any part thereof, and that he has given the notice required by 
 law that said warrants had been received by him for collection. 
 Said report, when so made, shall be prima facie evidence that all 
 the forms and requirements of the law in relation to making said 
 return have been complied with, and that the special assessments 
 mentioned in said report are due and unpaid. And, upon the 
 application for judgment upon such assessment, no defense or ob¬ 
 jection shall be made or heard which might have been interposed 
 in the proceeding for the making of such assessment, or the ap¬ 
 plication for the confirmation thereof. 
 
 154 Application for judgment—what-laws govern.] 
 § 40. When said general officer shall receive the report provided 
 for in the preceding section, he shall at once proceed to obtain 
 judgment against said lots, parcels of land and property for said 
 special assessment remaining due and unpaid, in the same man¬ 
 ner as is or may be by law provided for obtaining judgment 
 against lands for taxes due and unpaid the county and state; 
 and shall in the same manner proceed to sell the same for the 
 said special assessment remaining due and unpaid. In obtaining 
 said judgment and making said sale, the said officer shall be gov¬ 
 erned by the general revenue laws of this state, except when oth¬ 
 erwise provided herein. [See “ Revenue,” ch. 120, § 182, seq. 
 
 155 Return of sales—redemption.] §41. After mak¬ 
 ing said sales, the list of lots, parcels of land and property sold 
 thereat shall be returned to the office of the county clerk, and 
 redemption may be made as provided for by the general revenue 
 law of this state. [See Revenue/’ ch. 120, § 210-215. 
 
 156 Penalty when lands paid are sold for tax, etc.] 
 § 42. If the collector shall receive any moneys for taxes or as¬ 
 sessments, giving a receipt therefor for any land or parcel of land, 
 and afterward return the same as unpaid to the state officers au¬ 
 thorized to sell lands for the taxes, or shall receive the same after 
 making such return, and the same be sold for tax or assessment, 
 which has been so paid and receipted for by himself or his clerks, 
 he and his bond shall be liable to the holder of the certificate 
 
51 
 
 given to the purchasers at the sale, for double the amount of the 
 face of the certificate, to be demanded in two years from the date 
 of the sale, and recovered in any court having jurisdiction of the 
 amount; and the city or village shall, in no case, be liable to the 
 holder of such certificate. 
 
 157 Paying over—compensation.] § 43. The collector 
 or collectors, and the general officer aforesaid, to whom the said 
 warrant shall be returned, shall pay over to the city or village 
 treasurer to which it shall belong all moneys collected by them, 
 respectively, upon or by virtue of such warrant, or upon any sale 
 for taxes or otherwise, at such time or times, and in such manner 
 as shall be prescribed by ordinance, and shall be allowed such 
 compensation for their services in the collection of such assess¬ 
 ment as the ordinances of the city or village may provide, except 
 when such compensation is fixed by general law. 
 
 158 General revenue laws apply.] § 44. The general 
 revenue laws of this State, in reference to proceedings to recover 
 judgments for delinquent taxes, the sale of property thereon, the 
 execution of certificates of sale and deeds thereon, the force and 
 effect of such sales and deeds, and all other laws in relation to the 
 enforcement and collection of taxes and redemption from tax 
 sales, except as herein otherwise provided, shall be applicable to 
 proceedings to collect such special assessment. [See “ Revenue,” 
 ch. 120, § 191-225. 
 
 159 City or village may buy in.] § 45. Any city or 
 village interested in the collection of any tax or special assess¬ 
 ment, may become a purchaser at any sale of real or personal 
 property to enforce the collection of the same, and may, by ordi¬ 
 nance, authorize and make it the duty of one or more city or vil¬ 
 lage officers to attend such sales, and bid thereat in behalf of the 
 corporation. 
 
 160 When assessment set aside—new assessment.] 
 § 46. If any assessment shall be annulled by the council or board 
 of trustees, or set aside by any court, a new assessment may be 
 made and returned, and like notice given and proceedings had, as 
 herein required in relation to the first; and all parties in interest 
 shall have the like rights, and the city council or board of trus¬ 
 tees and court shall perform like duties and have like power in 
 relation to any subsequent assessment, as are hereby given in re¬ 
 lation to the first assessment. 
 
161 Supplemental assessments.] § 47. If in any case, 
 the first assessment prove insufficient, a second may be made, in 
 the same manner, as nearly as may be, and so on, until sufficient 
 moneys shall have been realized to pay for such public improve¬ 
 ment. If too large a sum shall, at ^ny time, be raised, the excess 
 shall be refunded ratably to those by whom it was paid. 
 
 162 New assessments against delinquents — lien— 
 LIMITATION.] § 48. If, from any cause, any city or village 
 shall fail to collect the whole or any portion of any special assess¬ 
 ment which may be levied, which shall not be canceled and set 
 aside by the order of any court, for any public improvement au¬ 
 thorized to be made and paid for by special assessment, the city 
 council or board of trustees may, at any time within five years 
 after the confirmation of the original assessment, direct a new as¬ 
 sessment to be made upon the delinquent property for the amount 
 of such deficiency, and interest thereon from the date of such 
 original assessment—which assessment shall be made, as near as 
 may be, in the same manner as is herein prescribed for the first 
 assessment. In all cases where partial payment shall have been 
 made on such former assessment, they shall be credited or allow¬ 
 ed 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 city council or board of trustees may, at any time 
 within said period of five years, order a third, and so on, to be 
 levied in the same manner and for the same purpose; and it shall 
 constitute no legal objection to such assessment that the proper¬ 
 ty may have changed hands, or been encumbered subsequent to 
 the date of the original assessment, it being the true intent and 
 meaning of this section to make the cost and expense ol all pub¬ 
 lic improvements, to be paid for by a special assessment, a charge 
 upon the property assessed therefor, for the full period of five 
 years, from the confirmation of the original assessment, and for 
 such longer period as may be required to collect, in due course of 
 law, any new assessment ordered within that period. 
 
 163 Contracts payable from assessments.] § 41). All 
 persons taking any contracts with the city or village, and who 
 agree to be paid from special assessments, shall have no claim or 
 lien upon the city or village, in any event, except from the collec¬ 
 tions of the special assessments made for the work contracted 
 for. 
 
 164 How CONTRACTS LET — APPROVAL.] § 50. All con¬ 
 tracts for the making of any public improvement, to be paid for 
 
53 
 
 in whole or in part by a special assessment, and any work or 
 other public improvement, when the expense thereof shall exceed 
 $500, shall be let to the lowest responsible bidder, in the manner 
 to be prescribed by ordinance—such contracts to be approved by 
 the mayor or president of the board of trustees : Provided how¬ 
 ever, any such contract may be entered into by the proper officer 
 without advertising for bids, and without such approval, by a 
 vote of two-thirds of all the aldermen or trustees elected. 
 
 165 Lien.] § 51. All special assessments levied by any 
 city or village under this act, shall, from the date of assessment, 
 be a lien upon the real estate upon which the same may be im¬ 
 posed, and such lien shall continue until such special assessments 
 are paid. And the same proceedings may be resorted to by the 
 collector, upon any warrant or order issued or made for the col¬ 
 lection of special assessments as in the case of the collection of 
 state and county taxes under the general laws of the state. 
 
 166 Collection by SUIT.] § 52. At any time after the 
 same becomes due, it shall and may be lawful for any collector 
 thereof to commence suit in any court of record in the corporate 
 name of such city or village, against any person or persons for the 
 total amount of special assessments which such person or persons 
 are liable for the payment of. Such suit shall be commenced by 
 petition, and shall state the several amounts of the special assess¬ 
 ments sought to be recovered, and give a general description of 
 the warrant or warrants issued for the collection thereof. Upon 
 the filing of the petition a summons shall be issued, served, and 
 returned as in other suits in such court. Upon the return of 
 such summons, duly served, the court shall forthwith proceed to 
 the hearing of said petition without formal pleadings, and may 
 render judgment for all or any part of the special assessments, as 
 the right and justice of the case may require. The original, or 
 a certified copy (by the clerk, under the corporate seal,) of such 
 warrant or warrants and list or lists, or so much thereof as refers 
 to the special assessments sought to be recovered, shall be prima 
 facie evidence of the right of said collector to a judgment in favor 
 of such corporation. Execution shall issue on such judgment as 
 in other cases, but such execution may be first levied upon and 
 collected from any personal property of the defendant; or the 
 court, in which such proceedings were had, may, upon complaint 
 of the city or village, issue a scire facias against the person or 
 persons liable for such payment, to show cause why execution 
 should not issue against him or them for the amount of such as¬ 
 sessment ; and if, upon the return of such scire facias , good cause 
 
54 
 
 is not shown why execution should not issue, the court may 
 award execution against such person or persons in the usual form 
 of execution upon judgments at law. 
 
 167 Supplemental petition to assess benefits in con¬ 
 demnation CASE.] § 53. Whenever any city or village shall 
 apply to any court for the purpose of making just compensation 
 for property taken or damaged by such proceedings as are au¬ 
 thorized by this act, such city or village may file in the same pro¬ 
 ceeding a supplemental petition, praying the court to cause that 
 an assessment be made for the purpose of raising the amount 
 necessary to pay the compensation and damages which may be 
 or shall have been awarded for the property taken or damaged, 
 with the costs of the proceeding. The said court shall have pow¬ 
 er, at any time after such supplemental petition shall have been 
 filed, to appoint three commissioners to make such assessment, 
 and to ascertain, as near as may be, the costs incurred to the 
 time of such appointment, and the probable further costs of the 
 proceedings, including therein"the estimated PuyLstTl' fiia'kuig'and 
 collecting such assessment, and shall direct such costs to be in- 
 cltraea oy sucn coillHliysioiieis in making said assessment. Like 
 proceedings in making said assessment shall be had, and the as¬ 
 sessment shall be made, collected, and enforced in the same man¬ 
 ner, as near as may be, as is provided in this article in other cases. 
 [As amended by act approved and in force March 30, 1874. 
 
 168 Adoption of tpiis article.] § 54. Any city or in¬ 
 corporated town or village may, if it shall so determine by ordi¬ 
 nance, adopt the provisions of this article without adopting the 
 whole of this act; and where it shall have so adopted this article, 
 it shall have the right to take all proceedings in this article pro¬ 
 vided for, and have the benefit of all the provisions hereof. 
 
 ARTICLE X. 
 
 (MISCELLANEOUS PROVISIONS.)—WATER. 
 
 169 Water—borrow money.] § 1 . The city council or 
 board of trustees shall have the power to provide for a supply of 
 water by the boring and sinking of artesian wells, or by the con¬ 
 struction and regulation of wells, pumps, cisterns, reservoirs and 
 water works, and to borrow money therefor, and to authorize any 
 person or private corporation to construct and maintain the same 
 at such rates as may be fixed by ordinance, and for a period not 
 exceeding thirty years; also to prevent the unnecessary waste of 
 
water; to prevent the pollution of the water, and injuries to such 
 wells, pumps, cisterns, reservoirs or water works. [See § 227-236. 
 
 170 Acquiring property for water works—juris¬ 
 diction OVER.] § 2. For the purpose of establishing or sup¬ 
 plying water works, any city or village may go beyond its terri¬ 
 torial limits, and may take, hold, and acquire property by pur¬ 
 chase or otherwise; shall have power to take and condemn all 
 necessary lands or property therefor, in the manner provided for 
 the taking or injuring private property for public uses; and the 
 jurisdiction of the city or village to prevent or punish any pollu¬ 
 tion or injury to the stream or source of water, or to such water 
 works, shall extend five miles beyond its corporate limits, or so 
 far as such water works may extend. [See § 229, also “Eminent 
 Domain,” ch. 47. 
 
 171 Regulations—rates—taxation, etc.] g 3. The 
 city council or board of trustees shall have power to make all 
 needful rules and regulations concerning the use of water sup¬ 
 plied by the water works of said city or village, and to do all 
 acts and make such rules and regulations for the construction, 
 completion, management, or control of the water works, and for 
 the levying and collecting of any water taxes, rates, or assess¬ 
 ments as the said city council or board of trustees may deem 
 necessary and expedient; and such water taxes, rents, rates or 
 assessments may be levied or assessed upon any lot or parcel of 
 ground, having a building or buildings thereon, which shall abut 
 or join any street, avenue, or alley in such city or village through 
 which the distributing pipes of such water works, (if any) of said 
 city or village are or may be laid, which can be conveniently sup¬ 
 plied with water from said pipes; Provided, (whether) the water 
 shall be used on such lot or parcel of ground or not; and the 
 same, when so levied or assessed, shall become a continuing lien 
 or charge upon such lot or parcel of ground, building or buildings 
 situated thereon, and such lien or charge may be collected or en¬ 
 forced in such manner as the city council may, by ordinance pre¬ 
 scribe. And the corporate authorities may levy a general tax for 
 the construction and maintenance of such water works, and ap¬ 
 propriate money therefor. 
 
 172 Taxpayer may enforce rights in name of city, 
 ETC.] § 4. A suit may be brought by any tax-payer, in the 
 name and for the benefit of the city or village, against any person 
 or corporation, to secure any money or property belonging to the 
 city or village, or for any money which may have been paid, ex¬ 
 pended, or released without authority of law; Provided, that such 
 
taxpayer shall file a bond for all costs, and be liable lor all costs, 
 in case the city or village be cast in the suit, and judgment shall 
 be rendered accordingly. 
 
 173 Maps—approval of.] § 5. The city council or board 
 of trustees shall have power to provide, by ordinance, that any 
 map, plat, or sub-division of any block, lot, sub-lot, or part thereof, 
 or of any piece or parcel of land, shall be submitted to the city 
 council or board of trustees, or some officer to be designated by 
 such council or board of trustees, for their or his approval; and 
 in such cases no such map, plat or sub-division shall be entitled 
 to record in the proper county, or have any validity until it shall 
 have been so approved. [See “Recorders,” ch. 115, § 13. 
 
 174 Inhabitants competent as jurors, etc.] § 6 . No 
 person shall be an incompetent judge, justice or juror, by reason 
 of his being an inhabitant or freeholder in said city or village, in 
 any action or proceeding in which said city or village may be a 
 party in interest. 
 
 175 Population— CENSUS.] g 7. Whenever in this act any 
 provision thereof is based upon the number of inhabitants, [the 
 number of inhabitants] of the city or village shall be determined 
 by reference to the latest census taken by authority of the United 
 States or this state, or of such city or village; and it shall be the 
 duty of the secretary of state, upon the publication of any 
 state or United States census, to certify to each city or village 
 the number of inhabitants as shown by such census. Any city 
 or village may, by ordinance, provide for the taking of a census 
 of the population thereof, in order to determine the number of 
 such population for any and all purposes of this act. And the 
 several courts in this State shall take judicial notice of the pop¬ 
 ulation of any city or village, as the same may appear from the 
 latest federal, state, city or village census so taken. 
 
 176 Municipal year.] g 8 . The term “municipal year” 
 shall be construed to mean the period elapsing between the reg¬ 
 ular annual election, unless otherwise provided by ordinance. 
 
 177 City or village need not give appeal bond.] § 9. 
 When in any suit the city or village prays an appeal from the 
 judgment of any court of this state to a higher court it shall not 
 be required to furnish an appeal bond. 
 
ARTICLE XI. 
 
 OF THE ORGANIZATION OF VILLAGES. 
 
 1.78 By incorporated towns. § 1. Any town in this 
 state incorporated either under any general law for the incor¬ 
 poration of towns, and acts amendatory thereof, or under any 
 special act for the incorporation of any town or village, may 
 become organized as a village under this act in the manner fol¬ 
 lowing: Whenever any thirty voters in such town shall petition 
 the president and trustees thereof to submit the question 
 whether such town will become organized as a village, under this 
 act, to the decision of the legal voters thereof, it shall be the duty 
 of such president and trustees to submit the same accordingly; 
 and to fix a time and place within such town for holding such 
 election, and to appoint the judges to hold such election ; and to 
 give notice of the time, place, and purpose of such election by 
 causing at least five notices thereof to be posted in public places 
 in such town for at least fifteen days prior to holding such 
 election. 
 
 179 Ballot.] § 2. Each qualified voter, resident within 
 such town or proposed village, shall have the right to cast a 
 ballot at such election, with the words thereon “ For village or¬ 
 ganization under the general law,” or “ Against village organ¬ 
 ization under the general law.” 
 
 180 Returns—canvass—record.] § 3 . The judges of 
 such election shall make returns thereof to the president and 
 trustees of the town as soon as practicable after such election is 
 held, and it shall be the duty of the president and trustees to 
 canvass such returns, and cause a statement of the result of 
 such election to be entered upon the records of the town. 
 
 181 Result—old officers continue until, etc.] § 4. 
 If a majority of the votes cast at such election are for village 
 organization under the general law, such town shall, from thence¬ 
 forth, be deemed to be duly incorporated as a village under this 
 act; but the town officers then in office shall continue as like 
 officers of such village until their successors shall be elected or 
 appoinied under the provisions of this act. 
 
 182 New organization—how effected.] § 5. When¬ 
 ever any area of contiguous territory, not exceeding two square 
 miles, shall have resident thereon a population of at least three 
 hundred inhabitants, and which territory is not included within 
 the limits of any incorporated town, village, or city, the same 
 
58 
 
 may become incorporated as a village, under this act, in the man¬ 
 ner following: Any thirty legal voters resident within the limits 
 of such proposed village may petition the county judge of the 
 county in which they reside to cause the question to be submitted 
 to the legal voters of such proposed village, whether they will 
 organize as a village under this act. And if the territory de¬ 
 scribed in such petition shall be situated in more than one 
 county, then the petition shall be addressed to the Judge of 
 the county court of the county where a greater part of such terri¬ 
 tory is situated. Such petition shall be addressed to the county 
 judge, contain a definite description of the lands intended to be 
 embraced in such village, the number of inhabitants resident 
 therein, and the name of such proposed village. [See § 175. 
 
 183 Petition—election—return.] § 6. Upon the 
 filing such petition in the office of the county clerk, it shall be 
 the duty of such judge to perform the same duties in reference 
 to fixing the time and place of such election, giving notice ap¬ 
 pointing judges thereof, as is above required to be performed 
 by the president and trustees in towns already incorporated. 
 The returns of such election shall be made to the county judge, 
 who shall call to his assistance any two justices of the peace, 
 and canvass such returns, and cause a statement of the result of 
 such election to be entered upon the records of the county court. 
 The second section of this article shall be applicable to such 
 election. 
 
 184 Result—election of officers, etc.] § 7. If a ma¬ 
 jority of the votes cast at such election is for village organ¬ 
 ization under the general law, such proposed village, with the 
 boundaries and name mentioned in the petition, shall, from 
 thenceforth, be deemed an organized village under this act, and 
 the county judge shall thereupon, call and fix the time and 
 place of an election to elect village officers, and cause notice there¬ 
 of to be posted or published, and perform all other acts in refer¬ 
 ence to such election, in like manner, as nearly as may be, as he 
 is required to perform in reference to the election of officers in 
 newly organized cities. But the term of office of trustees 
 elected at such election shall terminate as soon as their suc¬ 
 cessors are elected and qualified, at the regular annual election, 
 
 185 Trustees—corporate name powers.] § 8. In each 
 village organized under this act there shall be elected, by the 
 qualified electors therein, six (6) trustees, who shall hold their 
 office for one year and until their successors are elected and 
 
59 
 
 qualified. The trustees shall choose one of their own number 
 president; and such village shall thenceforth be considered, in 
 law and equity, a body corporate and politic, by the name and 
 
 style of “ The village of-and by such name and 
 
 style may sue and be sued, contract and be contracted with, ac¬ 
 quire and hold real and personal property necessary for corpor¬ 
 ate purposes, adopt a common seal, and alter the same at pleas¬ 
 ure, and possess all other powers as a corporation in this act 
 conferred upon cities not exceeding five thousand inhabitants, 
 except as herein otherwise expressly provided. And wherever 
 the words “ city council” or “mayor” occur in this act, the 
 same shall be held to apply to the trustees and president of such 
 village, so far as the same may be applicable. 
 
 186 Powers and duties of president and trustees.] § 9. 
 The president of the board of trustees shall perform the duties 
 and exercise the powers conferred upon the mayor of a city not 
 exceeding five thousand inhabitants, and shall have the right to 
 vote as a trustee at any meeting of the trustees ; but when he 
 shall have so voted shall not have the right to give the casting 
 vote; and the trustees shall perform the duties and exercise all 
 the powers conferred upon aldermen in cities ; and the president 
 and board of trustees may exercise the same powers conferred 
 upon the mayor and city council of cities of not exceeding five 
 thousand inhabitants, and pass ordinances in like manner The 
 president of the board of trustees may exercise the same veto 
 powers, and with like effect, as the mayor of a city; and the 
 board of trustees may pass ordinances over such veto, in like 
 manner as a city council. 
 
 187 Style of ordinances,] § 10. The style of ordinances 
 passed in villages shall be as follows : “ Be it ordained by the 
 
 president and board of trustees of the village of-(as 
 
 the case may be.) 
 
 188 Appointment of officers—prescribe duties and fees.] 
 § 11. The president and board of trustees may appoint a clerk, 
 pro tempore , and whenever necessary to fill vacancies ; and may 
 also appoint a treasurer, one or more street commissioners, a 
 village constable, and such other officers as may be necessary to 
 carry into effect the powers conferred upon villages, to prescribe 
 their duties and fees, and require such officers to execute bonds 
 as may be prescribed by ordinance. 
 
60 
 
 189 Powers of constable.] § 12. The village constable 
 shall have the same powers to make arrests, execute process, 
 and perform other official acts as other constables under the gen¬ 
 eral laws of the state, together with such other powers as may 
 be conferred on him by ordinance. 
 
 190 Annual election.] § 13. An annual election for 
 trustees and a clerk of villages shall be held on the third Tues¬ 
 day of April in each year, and special elections may be held, 
 under such regulations as may be provided by ordinance, to fill 
 vacancies and for other purposes. 
 
 191 Suits—jurisdiction—fines., etc.] § 14. Suits and 
 prosecutions tor the violations of any village ordinance may be 
 
 prosecuted in the name of “ The village of-and 
 
 justices of the peace and police magistrates shall have jurisdiction 
 over such suits, and all fines and moneys so collected shall be 
 paid into the village treasury. 
 
 192 Police magistrates.] § 15. There may be a police 
 magistrate elected at a regular annual election in each village, 
 who shall give bonds, qualify, and have the same jurisdiction as 
 other justices of the peace, and hold his office for four years, 
 and until his successor is elected and qualified. 
 
 193 No incorporation allowed under former laws.] § 
 16. After the taking effect of this act, no town or city shall be¬ 
 come incorporated under any other general law then in force for 
 the incorporation of towns or cities. 
 
 FERRIES AND BRIDGES. 
 
 AN ACT to enable the corporate authorities, now or hereafter 
 incorporated under an act entitled “ An Act to provide for the 
 incorporation of cities and villages,” in force July 1, 1872, to ac¬ 
 quire by purchase, lease or gift, establish, maintain, license, reg¬ 
 ulate ferries, bridges, the approaches thereto, and tolls thereon. 
 [Approved March 27, 1874. In force July 1, 1874. 
 
 194 License and regulate.] § 1 .Be it enacted by the 
 people of the State of Illinois represented in the General Assembly , 
 That it shall be lawful for the corporate authorities of any city or 
 village, now or hereafter incorporated under an act entitled “ An 
 Act to provide for the incorporation of cities and villages,” in 
 
61 
 
 force July 1, 1872, to acquire by purchase, lease, or gift, and main¬ 
 tain, license and regulate ferries and bridges so acquired and the 
 approaches thereto, not to exceed four acres of land for each 
 ferry or bridge within the corporate limits, or within five miles of 
 the corporate limits thereof, and from time to time fix the tolls 
 thereon. [See § 62, items 28, 87. 
 
 ANNEXING AND EXCLUDING TERRITORY. 
 
 AN ACT to provide for annexing and excluding territory to and 
 
 from cities, towns and villages, and to unite cities, towns and 
 
 villages. [Approved April 10, 1872. In force July l, 1872. 
 
 L. 1871-2, p. 254. 
 
 195 Petition to be annexed—annexing.] § 1 . Be 
 it enacted by the people of ilie State of Illinois , represented 
 in the General Assembly , That on petition, in writing, signed 
 by not less than three-fourths of the legal voters, and by 
 the owners of not less than three-fourths (in value) of the 
 property in any territory contiguous to any city or incor¬ 
 porated village or town, and not embraced within its lim¬ 
 its, the city council or board of trustees of said city, village, or 
 town (as the case may be) may, by ordinance, annex such terri¬ 
 tory to such city, village, or town, upon filing a copy of such or¬ 
 dinance, with an accurate map of the territory annexed (duly cer¬ 
 tified by the mayor of the city or president of the board of trus¬ 
 tees of the village or town), in the office of the recorder of deeds 
 in the county where the annexed territory is situated, and hav¬ 
 ing the same recorded therein; Provided , That no portion less 
 than the whole of an incorporated city, town or village, shall be 
 annexed to another incorporated city, town, or village, except in 
 the mode provided in this act for the annexation of the whole of 
 an incorporated city, town or village, to another city town, or vil¬ 
 lage. 
 
 196 Annexing one corporation to another.] §2. Any 
 incorporated city, village, or town may be annexed to another in¬ 
 corporated city, village, or town, by ordinance passed by a two- 
 thirds vote of all the aldermen or trustees elect of each corpora¬ 
 tion desiring annexation; Provided , such annexation shall not 
 affect or impair any rights or liabilities either in favor of or 
 against such corporations; and suits founded upon such rights 
 and liabilities may be commenced, and pending suits may be 
 prosecuted and carried to final judgment and execution the same 
 as if such annexation had not taken place. In making such an- 
 
nexation, the corporations so uniting may, by ordinance, fix the 
 terms of the annexation, which shall have the force and effect of a 
 binding contract; Provided , however, That no such ordinance 
 shall be of any binding force or effect until submitted to a vote 
 of the legal voters of such city, town, or village, at a general elec¬ 
 tion thereof, and adopted by a majority of all the voters voting 
 thereon at such election, notice of which shall be given at the 
 same time and in the same manner as required for the election of 
 the officers of such city, town, or village: And , provided, also , 
 that the vote shall be by ballot, which shall be “ for union ordi¬ 
 nance,” or “ against union ordinance,” and shall be received, can¬ 
 vassed and returned the same as ballots for municipal officers of 
 such city, town, or village. 
 
 197 Proceedings by corporation to annex terri¬ 
 tory.] § 3. When any incorporated city, village, or town shall 
 desire to annex any contiguous territory thereto, and the same 
 shall not have been petitioned for as provided in section one 
 of this article, it shall be lawful for the city council or board of 
 trustees of such city, village, or town, by a two-thirds vote of all 
 the aldermen or trustees elect, by ordinance or resolution, to au¬ 
 thorize the mayor of such city or the president of the board of 
 trustees of such village or town, to petition the circuit court of 
 the county in which the territory desired to be annexed or a ma¬ 
 jor part thereof is situated, praying such annexation to be made. 
 The petition shall contain a copy of such ordinance or resolution, 
 and an accurate map of the territory which it is desired to annex, 
 showing all such subdivisions that shall have been made therein. 
 Such petition shall be filed with the clerk of the court at least 
 ten days before the first day of the term at which it is proposed 
 to be heard: Provided . that nothing in this section contained 
 shall authorize said petition to be filed unless the territory so 
 sought to be annexed (except territory intervening between a 
 city and town, or two or more cities or towns, desiring to be¬ 
 come united under this act,) shall contain an actual resident pop¬ 
 ulation of at least one hundred and fifty inhabitants to each sec¬ 
 tion or fractional part of a section so sought to be annexed— 
 which said fact shall be alleged in said petition and proved on 
 the hearing thereof, the same as any other allegation in said pe¬ 
 tition. 
 
 198 Notice of proceedings.] § 4. When it shall be de¬ 
 termined to present such petition, the mayor or president of the 
 board of trustees (as the case may be) shall cause notice of the 
 time and place where and when the petition will be or has been 
 
63 
 
 filed, and at what term of court the hearing thereof will be had, 
 and setting forth the boundaries or a general description of the 
 territory proposed to be annexed—to be given by publication at 
 least once in each week, for two successive weeks, in some news¬ 
 paper published in the county where the petition is filed or to be 
 filed (or, if no newspaper is published in such county, then in the 
 nearest newspaper published in this state), and by posting up 
 notices at least fourteen days before such time of hearing, in at 
 least three of the most public places in the territory proposed to 
 be annexed, and a like number in the city, village, or town to 
 which it is desired to annex such territory. 
 
 199 Objections to annexation—trial.] § 5. The legal 
 voters resident upon the territory thus proposed to be annexed, 
 or any of them, or any owner of land therein, or any voter of such 
 city, village, or town, may appear at such hearing and show cause 
 why such annexation should not be made; and the court, or a 
 jury impaneled for that purpose (no member of the jury so im¬ 
 paneled shall be a resident of the corporation or territory to be 
 annexed, nor if the town or towns in which said corporation or 
 territory may be situated,) shall hear all competent evidence that 
 may be offered by either party; and the court may continue the 
 hearing from time to time, for any cause, and make all proper or¬ 
 ders in regard to the hearing, giving of notices and other disposi¬ 
 tion of the case. 
 
 200 Finding—costs, etc.] § 6. If, upon the hearing, the 
 court or the jury shall find that such territory ought to be an¬ 
 nexed to such city, village, or town, and can be so done without 
 injustice to the inhabitants or persons interested, the court shall 
 so order. If the court or jury shall find against the petitioners, 
 the petition shall be dismissed at the cost of the petitioners; and 
 no subsequent petition shall be presented for the annexation of 
 any of the territory embraced in such petition, within one year 
 from the time of entering such order: Provided, that new trials 
 may be granted as in other jury cases. 
 
 201 Proceedings by owner to be annexed.] § 7. 
 When not less than a majority in number of the legal voters or 
 the owner or owners of any tract or tracts of land, contiguous to 
 any incorporated city, village or town, shall, by petition, in writ¬ 
 ing, signed by them, and filed in the circuit court of the county 
 where such territory or a major part thereof is situated, pray to 
 be annexed to such city, village or town, the like proceedings may 
 be had thereon, and with the like effect, as in case of a petition 
 
64 
 
 by a city, village or town : Provided , a copy of the notice required 
 to be given shall be left with the mayor of such city, or president 
 of such village or town, at least ten days before such petition is 
 heard. 
 
 202 Proceedings to disconnect.] § 8 . Whenever a 
 majority of the legal voters of any territory within any city, town 
 or village, and being upon the border and within the boundary 
 thereof, shall petition the circuit court of the county in which 
 such city, town or village is situated, praying to be disconnected 
 therefrom, such petition shall be filed with the clerk of the court 
 at least ten days before the first day of the term at which it is 
 proposed to be heard, and like proceedings shall be had as is re¬ 
 quired by sections four, five and six of the act for the annexation 
 of territory to such city, town or village : Provided , that the pro¬ 
 visions of this section shall only apply to lands not laid out into 
 city or town lots or blocks. 
 
 203 Map and ordinance recorded.] § t). When any 
 territory is annexed to any city, village, or town, as provided in 
 this act, it shall be the duty of the mayor of the city, or the pres¬ 
 ident of the board of trustees of the village or town (as the case 
 may be,) to cause an accurate map of such added territory, to¬ 
 gether with the ordinance for the annexation, certified by such 
 mayor, and if a decree or order of the court has been made there¬ 
 for, a copy of the same, to be filed for record and recorded in the 
 recorder’s office for the county in which such added territory is 
 situated. If territory is disconnected or excluded from any city, 
 village, or town, a copy of the ordinance or the decree therefor 
 shall be so filed for record and recorded. 
 
 204 School districts.] § 10. All school districts, and 
 other corporations incorporated for school purposes, under special 
 acts of the legislature, desiring to annex or disannex territory, 
 may proceed under the provisions of this act. [See “ Schools,” 
 ch. 122, § 33. 
 
 205 Judicial notice.] § 11. All courts in this state 
 shall take judicial notice of cities, towns, and villages, and of 
 the changes of their territory, made under the provisions of 
 this act. 
 
CHANGING NAME. 
 
 AN ACT to enable any city, town, or village in this state to 
 
 change its name. [Approved March 7,1872. In force July 1, 
 1872. 
 
 206 PETITION.] § 1. Be it enacted by the People of the 
 State of Illinois , represented in the Genefal Assembly , That 
 whenever a petition, signed by the qualified electors of any city, 
 incorporated town or incorporated village of this state, equal in 
 number to one-half of those who voted for the officers therein at 
 
 ^the last election, shall be presented to the corporate authorities of 
 such city, town, or village, praying that the name of such city, 
 town, or village may be changed, it shall be lawful for such cor¬ 
 porate authorities to make such change in the manner hereinafter 
 prescribed. 
 
 207 PROCEEDINGS.] § 2. Previous to the presentation of 
 the petition in the preceding section mentioned, the name pro¬ 
 posed to be given to such city, town or village shall be filed in the 
 office of the secretary of state, to be there retained for the period 
 of at least sixty days, and upon application, the secretary of 
 state shall, at any time after the filing of such name, grant a cer¬ 
 tificate, stating that such name has not been given to any other 
 city, incorporated town, or incorporated village, or municipality in 
 this state, if such be the fact; but if such name has been adopted 
 by any ..other city, town, village or municipality, as appears from 
 information in his office, the secretary of state shall so notify the 
 party or parties making such application, in which case another 
 name shall be filed in his office, which name shall likewise remain 
 for the like period of sixty days ; and no petition shall be acted 
 upon by said corporate authorities unless accompanied by the 
 certificate of the secretary of state, setting forth that such name 
 has not been adopted elsewhere in this state. 
 
 208 Duties of secretary of state.] § 3. The sec¬ 
 
 retary of state shall, as soon as practicable after the passage of 
 this act, communicate with the clerks of the several counties of 
 this state, and ascertain the names of all the cities, towns, vil¬ 
 lages or other municipal corporations therein, and arrange such 
 names in alphabetical order for convenient reference. Such list 
 of names shall be kept filed in his office, and shall be changed 
 whenever a change of name shall be effected under the provisions 
 of this act. 5 
 
66 
 
 209 Time of hearing to be fixed—notice.] § 4. At 
 any meeting of the corporate authorities of any city, incorporated 
 town or incorporated village, after the presentation of the petition 
 herein provided, such corporate authorities shall fix the time when 
 such petition shall be considered, and order notice of the present¬ 
 ation thereof to be given, by publishing such notice for three 
 successive weeks in some newspaper having a general circulation 
 in such city, town or village. Such notice shall state that a 
 change of the name of such city, town or village has been prayed 
 for, and the time when action on said petition will be had, at 
 which time remonstrances, if any, will be heard. 
 
 210 Hearing petition and remonstrances.] § 5. At 
 the time fixed in the notice provided for in the preceding section, 
 or if, from any cause, action thereon is not taken, such petition 
 praying for a change of name shall be, with all remonstrances, 
 heard at any subsequent meeting of the corporate authorities of 
 any such city, town or village; and if said corporate authorities 
 are satisfied that such change of name is necessary and proper, 
 they shall thereupon make an oFder changing the name of such 
 city, town or village, and adopting the name prayed for in such 
 petition. 
 
 211 Order filed with secretary of state— 
 NOTICE.] § 6. If said change of name is made, said corporate 
 authorities shall cause a copy of the order making such change 
 to be filed in the office of the secretary of state, who shall there¬ 
 upon make known the fact of such change, by publication in some 
 newspaper of the county in which such city, town or village is 
 situated, and also in some newspaper in the city of Chicago; and 
 all the courts of this state sjnall take judicial notice of the change 
 thus made. 
 
 212 Rights saved.] § 7. Nothing in this act contained 
 shall affect the rights or privileges of such city, town or village, 
 or those of any person, as the same existed before such change 
 of name. And all proceedings pending in any court or place in 
 favor of or against said city, town or village, may be continued to 
 final consummation under the name in which the same was com¬ 
 menced. 
 
 213 WHEN CHANGE VOID.] §8. If the name of any such 
 city, town or village shall be changed contrary to or without com¬ 
 plying with the provisions of this act, such change shall be void; 
 and all proceedings instituted or acts done in such name as 
 
67 
 
 changed, shall be void and held for naught in the courts of this 
 state. 
 
 214 : Name of unincorporated town, etc.] § 9. 
 When the plat of any unincorporated town or village shall be 
 placed upon record in any county of this state, the circuit court 
 of said county shall have power, at any regular term of said court, 
 to change the name of such unincorporated town or village, upon 
 the petition of a majority of the legal voters residing within the 
 limits of such town or village : Provided , notice of the proposed 
 change of name shall be filed in the office of the secretary of state, 
 as provided in section two of this act. 
 
 TERRITORIAL JURISDICTION. 
 
 AN ACT to define the jurisdiction of the cities and incorporated 
 towns bordering on the Ohio river. [Approved March 26,1872. 
 In force July 1, 1872. L. 1871-2, p. 578. 
 
 215 Over Ohio river:] § 1. Be it enacted by the peo¬ 
 ple of the State of Illinois , represented in the General Assembly, 
 That each of the several cities and incorporated towns of this 
 state, lying on the Ohio river, and bounded thereby, are hereby 
 invested with jurisdiction over their river fronts, and shall have 
 jurisdiction over the waters of said river, in all cases occurring on 
 said river, and opposite to each of said cities or incorporated 
 towns, co-extensive with the jurisdiction of the several counties 
 in this state in which said cities or incorporated towns may lie: 
 Provided , nothing herein contained shall be construed so as to ex¬ 
 tend the jurisdiction of said cities or incorporated towns over any 
 islands in said river included within the corporate limits of any 
 county in the state of Kentucky. [See § 44, 71. 
 
 AN ACT to extend the jurisdiction of towns and cities on any 
 river within or on the borders of this state, for the purpose of 
 police regulations. [Approved and in force Feb. 15, 1865. L. 
 1865, p. 111. 
 
 216 TO ENFORCE ^ORDINANCES ON BOATS, ETC.] § 1. 
 Be it enacted by the People of the State of Illinois , representea 
 in the General Assembly, That cities and towns on any river 
 within or on the borders of this state, shall have the right to ex¬ 
 tend and enforce their ordinances so as to include any boat or 
 other floating structure, which shall be kept within two miles of 
 the city or town limits, as a place for drinking spirituous liquors 
 
68 
 
 or for gaming, or for the purpose of prostitution: Provided, no 
 authority shall be given by this law, beyond what the law now 
 authorizes, to interfere with any steamer or other boat, the usual 
 business of which is the carrying of freight or passengers. [See 
 § 44, 71. 
 
 HOUSES OF ILL-FAME. 
 
 AN ACT to prevent the licensing of houses of ill-fame, and the 
 official inspection or medical examination of the inmates there¬ 
 of, in the incorporated cities, towns and villages of this state. 
 [Approved and in force March 27, 1874. 
 
 217 Licensing and medical inspection forbidden.] 
 § 1. Be it enacted by the People of the State of Illinois , represent¬ 
 ed in the General Assembly , That it shall be unlawful for the cor¬ 
 porate authorities of any city, town or village in this state to 
 grant a license to any person, male or female, to keep what is 
 known as a house of ill-fame or house of prostitution. And it 
 shall be unlawful for any board of health (or any member or em¬ 
 ployee of the same) now existing, or which may hereafter exist 
 under the laws of this state, to interfere in the management of 
 any house of ill-fame or house of prostitution, or to provide in 
 any manner for the medical inspection or examination of any in¬ 
 mate of the same. [See § 62, item 45. 
 
 218 EMERGENCY.] § 2. Whereas, the legislative author¬ 
 ities of certain cities in this state are about to license houses of 
 ill-fame, therefore an emergency exists why this act should take 
 effect immediately; therefore, this act shall take effect and be in 
 force from and after its passage. 
 
 LEASING LANDINGS AND LEVEES. 
 
 AN ACT to authorize incorporated cities, towns or villages in 
 this state, situated upon the banks of navigable rivers, to 
 lease parts of their public landings or levees, [Approved 
 March 31, 1874. In force July 1, 1874. 
 
 211) When landings and levees may be leased.] § 1. Be 
 it enacted by the People of the State of Illinois , represented in the 
 General Assembly , That whenever in the opinion of the legis¬ 
 lative authority of any incorporated city, or of the president and 
 board of trustees of any incorporated town or village of this 
 
69 
 
 state, situate upon the banks of any navigable river, the lands 
 acquired and owned by any such city, town or village, for the 
 purpose of a public landing or public levee, are not imme¬ 
 diately required for such purpose, then any such city, town or 
 village may lease such parts of such landing or levee as may be 
 thought best by the legislative authority of such city, or presi¬ 
 dent and board of trustees of such town or village, for the 
 purpose of erecting manufactories, warehouses or grain elevators 
 thereon: Provided , no such lease shall extend beyond the period 
 of twenty-five years from its execution. [See § 62, items 
 32, 33. 
 
 220 What lands—when lease may take effect—defi¬ 
 nition—restriction.] § 2. That the right of any such city, 
 town or village to lease any part of the land in the foregoing 
 section, shall embrace all such lands as may have been convey¬ 
 ed to the same: Provided , however , no such lease shall take 
 effect or be in force until approved by an order, resolution or 
 ordinance of the legislative authority of such city, or president 
 and board of trustees of such town or village. The words 
 “ legislative authority,” when used in this act, shall be held to 
 include the common council. The provisions of this act shall 
 not apply to cities having over one hundred thousand inhabit¬ 
 ants. 
 
 POLICE AND FIREMEN’S RELIEF FUND. 
 
 AN ACT to provide a fund for the relief of members of police 
 and fire departments, in incorporated cities, wounded or dis¬ 
 abled in the discharge of their duties, and for the relief of 
 the surviving family of any member of said departments, 
 killed while on duty. [Approved March 24, 1874. In force 
 July 1, 1874. 
 
 22\ How fund created.] § 1. Be it enacted by the People 
 of the State of Illinois , represented in the General Assembly, That 
 the corporate authorities of any city in this state may, by or¬ 
 dinance, provide that all moneys received from fines inflicted 
 upon members of the police and fire departments in such city, 
 for violation of the rules or regulations of the service, shall be 
 paid into the city treasury, and kept apart as a fund to be called 
 the “ Police and Firemen’s Relief Fund.” 
 
70 
 
 r 222 Use for disabled men.] § 2. Whenever any member 
 of either of said departments shall, while in the discharge of his 
 duty as a member or officer of such service, suffer wounds, or in 
 any other manner become disabled, so as to be unfit for further 
 service, the corporate authorities of such city shall appropriate 
 out of such fund, for his benefit, such an amount or amounts of 
 money as to them may seem just and reasonable. 
 
 223 Use in case of death.] § 3. Whenever any member 
 of either of such departments shall, while in the active discharge 
 of his duty, suffer death, or die from or on account of injuries 
 received while in such active discharge of his duty, the cor¬ 
 porate authorities of any such city shall appropriate out of said 
 fund such an amount as to them shall seem just and equitable, 
 for the relief of the surviving members of the family of such 
 deceased. 
 
 224t Vote necessary to appropriate.] § 4. All such ap¬ 
 propriations shall be made by a vote of a majority of all the 
 members elected of such corporate body; and such authorities 
 alone shall have the right to determine the amount of relief to 
 be granted under this act. 
 
 225 Bequests, gifts, etc.—treasurer.] § 5. In case of 
 any bequest, gift, devise or donation to the fund aforesaid, the 
 city treasurer of such city, by virtue of his office, and his suc¬ 
 cessors in office, shall be the trustee of the same, and in that 
 capacity, under the direction of the corporate authorities of 
 such city, he shall administer the same. 
 
 226 No NEW LIABILITY ON CITY FOR INJURIES.] § 6. 
 
 Nothing in this act shall be so construed as to create any new 
 liability on the part of any city for injuries received by persons 
 in its service. 
 
 WATER WORKS. 
 
 AN ACT authorizing cities, incorporated towns and villages to 
 construct and maintain water works. [Approved and in force 
 April 15, 1873. 
 
 227 Power to supply water—letting contract.] § 1. 
 Be it enacted by the People of the State of Illinois , represented in 
 the General Assembly , That all cities, incorporated towns and 
 villages in this state be and are hereby authorized, and shall 
 
71 
 
 have power to provide for a supply of water for the purposes of 
 fire protection, and for the use of the inhabitants of such cities, 
 incorporated towns or villages, by the erection, construction 
 [and] maintaining of a system of water works : Provided , that 
 all contracts for the erection or construction of any such works, 
 or any part thereof, shall be let to the lowest responsible bidder 
 therefor, upon not less than three weeks’ public notice of the 
 terms and conditions upon which the contract is to be let having 
 been given, by publication in a newspaper published in such 
 city, town or village ; or if no newspaper is published therein 
 then in some newspaper published in the county; And Provided 
 further , that no member of the city council or board of trustees, 
 or mayor, shall be directly or indirectly interested in any such 
 contract; and in all cases the council or board of trustees, as the 
 case may be, shall have the right to reject any and all bids that 
 may not be satisfactory to them. [See § 169-171. 
 
 228 Borrow money—tax] § 2. Such cities, incorporated 
 towns and villages may borrow money and levy and collect a 
 general tax in the same manner as other municipal taxes may 
 be levied and collected for the erection, construction and main¬ 
 taining of such water works, and appropriate money for the 
 same. [See § 62, item 3 
 
 229 May acquire property for works, etc.] § 3. For 
 the purpose of erecting, constructing, locating, maintaining or 
 supplying such water works, any such city, incorporated town or 
 village may go beyond its territorial limits, and may take, hold 
 and acquire property and real estate, by purchase or otherwise ; 
 and shall also have the power to take, hold and acquire and 
 condemn any and all necessary property and real estate for the 
 location, erection, construction and maintaining of such water 
 works, in the manner provided for the taking and condemning 
 of private property for public use; and may also acquire and 
 hold real estate and other property and rights necessary for the 
 location, erection, construction and maintenance of such water 
 works, by purchase or otherwise ; and the jurisdiction of such 
 city, town or village to prevent or punish any pollution or injury 
 to the stream or source of water for the supply of such water 
 works, shall extend ten miles beyond its corporate limits. [See 
 § 170, also “Eminent Domain,’’ ch. 47. 
 
 230 Rules—tax—assessment—lien.] § 4. The common 
 council of such cities, or trustees of such towns or villages, 
 
72 
 
 shall have power to make and enforce all needful rules and reg¬ 
 ulations in the erection, construction and management of such 
 water works, and for the use of water supplied by the same. 
 And such cities, towns and villages shall have the right and 
 power to tax, assess and collect from the inhabitants thereof 
 such tax, rent or rates for the use and benefit of water used or 
 supplied to them by such water works, as the common council 
 or board of trustees, as the case may be, shall deem just and ex¬ 
 pedient. And all such water taxes, rates or rents shall be a 
 lien upon the premises and real estate upon or for which the 
 same is used or supplied. And such taxes, rents or rates shall 
 be paid and collected, and such lien enforced, in such manner 
 as the common council shall, by ordinance, direct and provide. 
 [See § 171. 
 
 231 Special assessment.] § 5. The expense of locating, 
 erecting and constructing reservoirs and hydrants for the pur¬ 
 pose of fire protection, and the expense of constructing and 
 laying water main pipes, or such part thereof as may be just and 
 lawful, may be assessed upon and collected from the property 
 and real estate specially benefited thereby, if any, in such man¬ 
 ner as may be provided for the making of special assessments 
 for other public improvements in such cities, towns or villages. 
 [See § 133 seq. 
 
 232 Separate fund ] § 6. All the income received by 
 
 such cities, towns or villages from such water works, from the 
 the payment and collection of water taxes, rents or rates, shall 
 be kept in a separate fund, and shall first be applied in the pay¬ 
 ment and discharge of the costs, interest on bonds or money 
 borrowed and used in the erection and construction of such 
 water works and running expenses thereof. And any surplus 
 may be applied in such manner as as the common council or 
 board of trustees may direct. 
 
 233 When act not apply.] § 7. The provisions of this 
 act shall not apply to cities, towns or villages in which water 
 Avorks are now managed or controlled by a board of public 
 works. 
 
 234 c Emergency.] § 8 . Whereas many of the cities em¬ 
 braced in this act are entirely without adequate protection from 
 fires, and are without lawful authority to provide the necessary 
 means of protection authorized by this act; therefore an em- 
 
73 
 
 ergency exists that this act should take effect immediately; 
 therefore, this act shall take effect and be in force from and 
 after its passage. 
 
 AN ACT to provide for the laying of water supply pipe by 
 
 bonds and special assessment, payable in installments. [Ap¬ 
 proved and in force March 17,1874. 
 
 235 Bonds—assessments payable in installments.] § 1. 
 Be it enacted by the People of the State of Illinois , represented in 
 the General Assembly, That whenever the corporate authorities 
 of any city, town or village shall provide, by ordinance, for the 
 laying of water supply pipes, to be paid for by a special assess¬ 
 ment to be made under the provisions of article nine of the act 
 of the general assembly, entitled, “An act to provide for the 
 incorporation of cities and villages,” approved April 10, A. D. 
 1872, such corporate authorities may, in their discretion, provide 
 in such ordinance, or by an ordinance to be adopted at any time 
 prior to the issuance of the warrant to the collector for the col¬ 
 lection of such assessment, that the amount of the estimated 
 cost of such improvement shall be provided for in the following 
 manner, to-wit: That bonds of the city, town or village, as the 
 case may be, shall be issued for such portion of the estimated 
 cost of such improvement as shall be apportioned to the city, 
 town or village as public benefit, payable at such time or times, 
 within twenty years, as may be provided by said ordinance, or 
 it may in such ordinance be provided that all or any portion of 
 the amount, so apportioned as public benefits, may be made by 
 general taxation in accordance with the provisions contained in 
 said article nine, and that the portion of said estimated cost 
 which shall be assessed upon property specially benefited, shall 
 be payable in such annual installments, not exceeding ten in 
 number, as may in such ordinance be prescribed: Piovided, that 
 nothing in this section shall authorize any city, town or village 
 to issue such bonds to an amount, including all existing indebt¬ 
 edness, in excess of the charter, statutory or constitutional 
 limitation of the indebtedness of such city, town or village. 
 
 23(y When installments payable—interest.] § 2. When¬ 
 ever such corporate authorities shall have provided by ordi¬ 
 nance for the making of such improvement in the manner pre- 
 cribed in section 1 of this act, the first installment of the amount 
 assessed upon property specially benefited shall be payable im¬ 
 mediately upon the issuance, by the clerk of such city, town or 
 
74 
 
 village, of his warrant to the collector, and the subsequent in¬ 
 stallments shall be be payable annually thereafter, with interest 
 until paid, at such rate as shall be prescribed in such ordinance, 
 not exceeding ten per cent, per annum. 
 
 237 Applies to assessments already ordered.] § 8. This 
 act shall apply to assessments already ordered for the purpose 
 set forth in section 1 of this act, and to the ordinances in rel¬ 
 ation thereto, as well as to ordinances hereafter to be adopted. 
 
 238 Emergency.] § 4. Whereas certain cities, towns and 
 villages are about to lay water supply pipe, and are desirous of 
 availing themselues of the provisions of this act, therefore an 
 emergency is declared to exist, and this act shall take effect and 
 be in force from and after its passage. 
 
 AN ACT to enable cities and villages to contract for a supply 
 of water for public use, and to levy and collect a tax to pay 
 for water so supplied. [Approved April 9, 1872. In force 
 July 1, 1872. L. 1871-2, p. 271.] 
 
 239 Power to contract for water.] § 1 .Be it enacted by 
 the people of the State of Illinois , represented in the General 
 Assembly , That in all cities and villages where water works may 
 hereafter be constructed by an incorporated company, the city or 
 village authorities in such cities and villages may contract with 
 such incorporated company for a supply of water for public use, 
 for a period not exceeding thirty years. 
 
 240 Tax.] § 2. Any such city or village so contracting 
 may levy and collect a tax on all taxable propertywithin such 
 city or village, to pay for the water so supplied. 
 
 SALARIES OF CITY OFFICERS. 
 
 AN ACT to enable the corporate authorities of cities to estab¬ 
 lish and fix the salaries of city officers. [Approved and in 
 force April 28, 1873. 
 
 241 When to be fixed—not changed during term.] § 1. 
 Be it enacted by the people of ihe State of Illinois , represented 
 in the General Assembly , It shall and may be lawful for the 
 common council or legislative authority of any city in this state 
 to establish and fix the amount of salary to be paid any and all 
 city officers, as the case may be, except members of such legis¬ 
 lative body, in the annual appropriation bill or ordinance made 
 
75 
 
 for the purpose of providing for the annual expenses of any 
 such city, or by some ordinance prior to the passage of such 
 annual approprion bill or ordinance; and the salaries or compen¬ 
 sation thus fixed or established, shall neither be increased nor 
 diminished by the said common council or legislative authority 
 of any such city, after the passage of said annual appropriation 
 bill or ordinance, during the year for which such appropriation 
 is made, and no extra compensation shall ever be allowed to any 
 officer or employee over and above that provided in manner 
 aforesaid. [See § 84, 85. 
 
 242 EMERGENCY.] § 2. Whereas the corporate authorities 
 of certain cities in this state have no power to establish or fix the 
 salaries of their city officers in certain cases, whereby an emergen¬ 
 cy exists requiring this act to take immediate effect; therefore, 
 this act shall take effect and be in force from and after its pas¬ 
 sage. 
 
 REBATE AND REDUCTION OF TAXES, ETC. 
 
 AN ACT to prevent the unjust collection, by incorporated cities 
 and towns, of taxes levied upon property destroyed by fire, 
 and to authorize the common council of such cities, or board of 
 trustees of such towns, to change or amend appropriation bills, 
 to pass new appropriation bills, to reduce taxes and special as¬ 
 sessments in certain cases, and to discontinue special improve¬ 
 ments. [Approved and in force Jan. 18, 1872. L. 1871-2, p. 
 270. 
 
 243 Rebate when property destroyed.] § 1. Be it 
 enacted by the People of the State of Illinois , represented in the 
 General Assembly , That whenever, in any incorporated city or 
 town in this state, any property listed or assessed for municipal 
 taxation, shall have been or shall hereafter be destroyed by fire, 
 in whole or in part, before the levy of the municipal taxes of such 
 city thereon, or before the municipal taxes levied thereon shall 
 have been collected, it shall and may be lawful for the mayor of 
 such city or town—if there be no mayor, then the president of 
 the board of trustees, the city comptroller, if there should be one; 
 and if not, then the city clerk or town clerk, and tax commission¬ 
 er, if there should be one ; if not, then the chairman of the finance 
 committee of the city council, or board of trustees—to rebate or 
 remit so much of such tax or taxes, so levied upon such property, 
 as in their opinion should be rebated or remitted by reason of 
 such property having been, in whole or in part, destroyed by fire. 
 
244 Reduce or release tax or assessment-] § 2. That 
 whenever, in any incorporated city or town in this state, any 
 large portion of the taxable property of such city shall have been 
 or shall hereafter be destroyed by fire, so as to seriously impair 
 or affect the ability of the property owners of such city or town 
 to pay taxes or special assessments thereon, and an appropria¬ 
 tion bill has been made or passed, or special improvements or¬ 
 dered before such fire, and the tax or assessment for the pay¬ 
 ment or raising of the same has not been levied or collected, it 
 may be lawful for the city council or board of trustees of any 
 such town to alter, revise, change, reduce, or vacate, or repeal 
 such appropriation bill, or any part of the same, and to order 
 the discontinuance of said special improvements, or any of the 
 same, or to reduce the amount of taxes or special assessments 
 ordered to be levied, or assessed, or collected for any general 
 or special purpose, and to pass a new appropriation bill; which 
 new appropriation bill shall have the same force and effect as if 
 the same had been passed within the time prescribed by the 
 charter of any such city or such corporate town. 
 
 245 Emergency.] § 3. Whereas a large amount of prop¬ 
 erty listed for taxation in the city of Chicago, and in other cities 
 and towns of this state, has been destroyed by fire before the 
 taxes thereon have been paid, which taxes it would be unjust to 
 collect, it is declared that an emergency exists, that this law go 
 into force immediately, and therefore it is enacted that this law 
 shall be in force from and after its passage. 
 
 SEWERAGE AND WATER TAXES. 
 
 AN ACT in relation to the levy and collection of taxes for 
 sewerage and water works in the cities of this state that may 
 have established a system of sewerage and water works for 
 such city. [Approved and in force April 22, 1871. L. 1871- 
 2, p. 754. 
 
 246 Sewerage fund tax.] § 1. Be it enacted by the People 
 of the State of Illinois , represented in the General Assembly, That 
 the legislative authority of any such city which now has or may 
 hereafter have established a system of sewerage for such city, 
 shall have power, annually, to levy and collect a tax upon the 
 taxable real and personal estate of any such city, not to exceed 
 one mill on a dollar, for the extension and laying of sewers 
 therein and the maintenance of such sewers, which tax shall be 
 
77 
 
 known as “ The Sewerage Fund Tax,” and shall be levied and 
 collected in the same manner that other general taxes of any 
 such city are levied and collected: Provided, however , that the 
 board of public works of such city, if any, or the head of the 
 sewer department of such city, shall first certify to such legisla¬ 
 tive authority the amount that will be necessary for such pur¬ 
 pose. [See § 62, item 29. 
 
 #47 Water fund tax.] § 2. The legislative authority of 
 any such city which now has or which may hereafter have es¬ 
 tablished water works, for the supply of water to the inhabitants 
 thereof, shall have power to annually levy and collect a tax 
 upon the taxable real and personal estate of any such city, not 
 to exceed one mill on the dollar, for the extension of water 
 mains or pipes therein and the maintenance of such water works, 
 which tax shall be known as “ The Water Fund Tax,” and shall 
 be levied and collected in the same manner that other general 
 taxes of any such city are levied and collected: Provided, how¬ 
 ever, that the board of public works of such city, if any, or the 
 head of the water department of such city, shall first certify to 
 such legislative authority the amount that will be necessary for 
 such purposes, and shall further certify that the revenue or in¬ 
 come from such water works will be insufficient therefor. 
 
 #48 Emergency.] § 3. Whereas the health and good 
 government of such cities require that they severally possess 
 the power and authority conferred by this act upon such cities, 
 and the officers thereof, without any delay, it is hereby declared 
 that an emergency exists that this law should be in force from 
 and after its passage. 
 
 TAXES. 
 
 AN ACT in regard to the assessment of property, and the levy 
 and collection of taxes by incorporated cities in this state. 
 [Approved April 15, 1873. In force July 1, 1873. 
 
 #49 Purposes for which taxes may be levied.] § 1. Be 
 it enacted by the People of the State of Illinois , represented in the 
 General Assembly, That in all incorporated cities in this state, 
 the city council may, by ordinance, annually levy and collect 
 city taxes on real and personal property within the city: 
 
 First —For general and contingent expenses, or any other ex¬ 
 penses not herein otherwise provided for. 
 
78 
 
 Second —For supplying and maintaining schools, and erecting 
 and repairing school houses. 
 
 Third —For the erection of a city market, bridewell, or house of 
 correction, or other public buildings, purchase of grounds there¬ 
 for, the building of bridges, improvement of the river or harbor, 
 for improving the sanitary condition of the river or harbor, or 
 any other permanent improvement. 
 
 Fourth —A tax of sufficient amount to meet the interest accru¬ 
 ing on the indebtedness of the city. 
 
 Fifth —To provide for a sinking fund or funds, for the pay¬ 
 ment of the general or special indebtedness of the city; and no 
 city shall hereafter contract any debt without at the same time 
 providing for the annual levy and collection of a direct tax suf¬ 
 ficient to pay the interest, and the principal when it falls due. 
 All money raised for any sinking fund shall be invested in the 
 purchase of bonds of said city—such purchase to be made from 
 time to time, as directed by the mayor ; and all bonds so pur¬ 
 chased shall be immediately retired and canceled, in the pres¬ 
 ence of the city council, at some stated meeting thereof. No 
 sinking fund shall be used for any other purpose than the pur¬ 
 chase of city bonds or the payment of the city indebtedness 
 upon account of which such sinking fund was raised: Provided , 
 That no tax shall be levied under this section, unless two-thirds 
 of all the aldermen elected shall vote in favor of the same. 
 
 Sixth —A tax of sufficient amount, when required, to provide 
 for the expense incurred in making any public improvement, 
 caused by any casualty or accident happening after the making of 
 the annual appropriations for such year, or to pay any judgment 
 that may have been recovered against the city during such pre¬ 
 vious year. 
 
 Seventh —To levy taxes for the building, extension and main¬ 
 tenance of sewers; for the laying and extension of water mains 
 or pipes, and for establishing and maintaining of water works; 
 for the lighting of the city, and to establish and maintain gas 
 works. [See § 89, 90. 
 
 250 Assessor and collector.] § 2. There shall be one 
 assessor and one collector, who shall be elected by the people 
 at the time fixed by law for electing the mayor of the city, 
 and the term of office of the collector shall be the same as that 
 of the mayor, and the collector shall give bonds for the faithful 
 
79 
 
 performance of the duties of his office, in such manner, form and 
 amount as the common council may by ordinance provide. The 
 city council may authorize such assessor to appoint such num¬ 
 ber of assistant assessors as the city council may adjudge neces¬ 
 sary. The city council may prescribe the duties and define the 
 powers of such assessor (and of such assistant assessors, if ap¬ 
 pointed,) by ordinance: Provided , That such assessors shall 
 have the same powers that assessors may possess under the gen¬ 
 eral laws of the state for the assessment of state and county 
 taxes, not inconsistent with this act; and the city council may, 
 by ordinance, prescribe the form of all assessment books or 
 rolls. 
 
 251 Rule of assessment—property to be assessed.] 
 § 3. The assessor shall assess all taxable real and personal es¬ 
 tate at its real or true value, as defined by the state revenue laws. 
 All personal property, of every nature and kind, having its actual 
 situs within the city, shall be assessed for municipal purposes, 
 whether the owner resides in the city or not; this provision to ex¬ 
 tend to and include the property of railroads and the proportion of 
 rolling stock of all such railroads or railway companies as run cars 
 or trains into the city, by lease of road-bed or track, the same as 
 though such companies owned the track or road-bed; such rail¬ 
 road property to be assessed, and such proportion to be ascer¬ 
 tained and apportioned in accordance, as near as may be, with the 
 statutes regulating the manner of listing and valuing the property 
 of railroads for state and county taxation. 
 
 252 Of what time ASSESSED.] § 4. Personal property 
 shall be listed for municipal purposes with reference to the quan¬ 
 tity on hand and owned on the first day of May in the year for 
 which the property is required to be listed, including the property 
 purchased on that day. 
 
 253 General revenue law applies.] § 5. All the pro¬ 
 visions of the general revenue laws of this state, so far as the 
 same are applicable, concerning the levy and assessment of taxes 
 for state and county purposes, and the duties of assessors, shall 
 be in force and apply to all cities in this state, unless in conflict 
 with this act. 
 
 25 4 Time to piear objections — notice.] § 6. When 
 the assessor shall have completed the assessment of the taxable 
 real and personal estate of said city, he shall file the same in the 
 city clerk’s office; and the mayor, city clerk and assessor shall 
 
80 
 
 fix upon a day, not less than seven nor more than thirty days 
 from the date of the filing of said assessment, for the hearing of 
 objections to the assessment; and they shall give notice of the time 
 and place of such hearing by written or printed notices, one to be 
 posted in each ward in such city at least one week before the day 
 fixed for such hearing, and by one insertion in a newspaper pub¬ 
 lished in the city, (if any there shall be,) at least one week before 
 the day fixed for such hearing. Any person feeling aggrieved by 
 the assessment of his property may appear at the time specified 
 and make his objections. 
 
 255 Equalization—hearing objections.] § 7. The 
 said mayor, city clerk and assessor, constituting the board of 
 equalization, shall meet at the time and place designated to revise 
 and correct the said assessments. They shall hear and consider 
 all objections which may be made, and shall have power to make 
 all proper corrections, and supply omissions in the assessment, 
 and, for the purpose of equalizing the same, to alter, add to, take 
 from, and otherwise correct and revise the same. They shall con¬ 
 tinue in session during three business hours of each and every 
 secular day, for not less than three nor more than ten successive 
 days, as the city council may direct. Thereafter no change, 
 amendment or alteration shall be made, nor shall any tax or por¬ 
 tion thereof be refunded. A majority of said board shall consti¬ 
 tute a quorum. 
 
 256 Tax books—duties of clerk, mayor, etc.] § 8. 
 When such revision has been completed, the same shall be depos¬ 
 ited with the city clerk, who shall enter in a book or books, to be 
 prepared for that purpose, a complete list of all the taxable real 
 and personal estate in said city, according to the assessment as 
 returned by said assessor, and revised by the board of equaliza¬ 
 tion, showing, in a proper column ruled for that purpose, the 
 names of the different owners, so far as they appear in said re¬ 
 vised lists, and in another column the amount of the valuation 
 made in each case. Said book or books shall also have ruled 
 therein an appropriate column for extending or inserting the 
 amount of taxes which may be levied upon said property. Said 
 book or books shall constitute the tax list of real and personal 
 estate for such year. The clerk shall also add up the valuations 
 in such list, and the aggregate amount thereof shall be entered by 
 him at the foot of the appropriate column in the last page. When 
 the said tax list shall have been so completed, it shall be signed 
 by the mayo'r, city clerk and assessor, or a majority of them, and 
 left in the custody of the city clerk. 
 
81 
 
 257 Ordinance levying tax—limitation.] § 9. The 
 city council shall thereupon by ordinance or resolution, levy such 
 sum or sums of money as may be necessary for the several pur¬ 
 poses for which taxes are herein authorized to be levied, specify¬ 
 ing the purpose for which the same are levied; but the aggre¬ 
 gate amount of taxes levied for any one year shall not exceed the 
 rate of three per cent, upon the aggregate assessed valuation of 
 all property assessed. [See § 89. 
 
 258 Extending tax—warrant—delivery to collec¬ 
 tor — RECEIPT.] § 10. It shall be the duty of the city clerk to 
 estimate the several taxes levied by the common council, comput¬ 
 ing them together as one tax, and to insert the total amount of 
 such taxes in the appropriate column of said tax list, opposite to 
 the person or property chargeable therewith. When completed 
 the city clerk shall attach to said tax list a warrant, under the 
 corporate seal, signed by the mayor 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 list mentioned or de¬ 
 scribed, of the goods and chattels of the respective owners of 
 such real or personal estate; which warrant shall designate the 
 names and rates of the several taxes therein, and shall specify 
 the aggregate amount of taxes to be collected, and shall also 
 command the collector to collect the same from the persons or 
 property named in said list, according to law. Said tax list, with 
 the warrant attached, shall be delivered to the collector by the 
 city clerk, and shall constitute the only process necessary to be 
 issued for the collection of the annual city taxes. The city clerk 
 shall take a receipt from the collector for the said tax lists, spec¬ 
 ifying the aggregate amount of taxes levied, and the respective 
 amounts levied upon real estate and personal property. 
 
 259 Fixing time of return.] § 11. The city council, 
 may, by resolution or ordinance, order and direct that a return of 
 any warrant issued to the city collector shall be made at a time 
 to be specified in such ordinance or resolution. 
 
 COLLECTION OF TAXES. 
 
 260 Notice—levy on personal property.] § 12. 
 Upon the receipt of any warrant for the collection of the annual 
 taxes, special taxes or any special assessment on real or personal 
 property, the collector shall forthwith give ten days’ notice, by 
 publication in any newspaper published in said city, or if no 
 
 6 
 
82 
 
 newspaper is published in said city, by posting written or printed 
 notices in four public places in the city, that such warrant is in 
 his hands for collection, briefly describing its nature, and request¬ 
 ing all persons interested to make immediate payment at his 
 office. In the notice so to be published or posted, he shall notify 
 all parties interested that after the expiration of thirty days from 
 the date of receiving such warrant he will levy upon the personal 
 property of all who shall have failed to pay; and at the end of 
 thirty days, or As soon thereafter as may be, he shall so levy if 
 personal property belonging to such delinquent person or persons 
 can be found; and he shall be liable for their tax in case of neg¬ 
 lecting so to do. Said taxes shall be a lien upon any property, 
 real or personal, that such delinquents may have or may there¬ 
 after acquire, until paid; and the collector or his successor in 
 office may at any time thereafter levy and collect the same. But 
 nothing in this section shall be so construed as to prevent the 
 collector from levying at any time after the publication or post¬ 
 ing of the ten days’ notice above required. 
 
 261 Deputies—examination of tapers, etc.—returns.] 
 § 13. The city collector may appoint such number of deputies 
 as the city council may adjudge necessary. All the city collec¬ 
 tor’s papers, books, warrants and vouchers may be examined at 
 any time by the mayor or city clerk, or any member of the city 
 council, or by any tax payer of said city. The collector shall, 
 weekly, or oftener if the city council so direct, pay over all the 
 money collected by him from any person or persons or associa¬ 
 tions to the city treasurer, taking his receipt therefor in duplicate, 
 one of which receipts he shall at once file in the office of the city 
 comptroller, if there be one, and if there is no city comptroller, 
 then in the office of the city clerk. 
 
 262 Lien—owner on May 1st to pay—sale of personal 
 property.] § 14. All taxes, general or special, and special as¬ 
 sessments levied by the city council, shall be a lien upon the 
 real estate on which the same may be imposed, any said lien 
 shall continue until said taxes, special taxes and assessments are 
 paid. Every person owning real property.on the first day of 
 May, including all 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 property of all persons ow¬ 
 ing taxes from and after the delivery to the collector of the war¬ 
 rant; and no sale or transfer of said property shall affect the lien, 
 but the said property may be seized by the collector whenever 
 found, and removed, if necessary, and sold, to discharge the 
 
83 
 
 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 or special tax. Upon such 
 seizure of personal property by such collector, he shall forth¬ 
 with advertise and sell the same in the manner provided by law 
 for sales by constables upon executions issued by justices of the 
 peace, and the fees of the collector for making any levy and sale 
 of property shall be the same as allowed to constables for levy 
 and sale of property on execution and the costs shall in all 
 cases be collected out of the property of the person against 
 whom the levy is made. 
 
 263 Return to county collector.] § 15. It shall be the 
 duty of the collector, within such time as the city council may, 
 by ordinance, provide, to make a report (or return), in writing, 
 to the general officer of tiie county authorized and designated 
 by the general revenue law of this state to advertise and sell 
 lands for taxes due the county and state, of all the lands, town 
 lots and leal property on which he shall have been unable to 
 collect taxes, special taxes and special assessments, with the 
 amount of such taxes, special taxes and special assessments 
 due and unpaid, respectively, thereon, with a brief description of 
 the nature of the warrant or warrants received by him authoriz¬ 
 ing the collection thereof; which report or return shall be ac¬ 
 companied with the oath of the collector that the list is a correct 
 return and report of the lands, town lots and real property on 
 which the taxes, special taxes and special assessments, levied by 
 authority of the city, remain due and unpaid; that he is un¬ 
 able to collect the same, or any part thereof, and that he has 
 given the notice required by law that said warrants had been re¬ 
 ceived by him for collection. Said report or return, when so 
 made, shall be prima facie evidence that all the forms and re¬ 
 quirements of the law in relation to making said report or return 
 have been complied with, and that the taxes, special taxes and 
 special assessments mentioned in said report or return are due 
 and unpaid. 
 
 264 Proceedings by county collector—judgment —ap¬ 
 peal.] § 16. When said general officer shall receive the re¬ 
 port or return provided for in the preceding section, he shall 
 proceed to obtain judgment against said lots, parcels of land 
 and property for said general taxes, special taxes and special as¬ 
 sessments remaining due and unpaid, in the same manner as 
 may be by law provided for obtaining judgments against lands 
 

 84 
 
 for taxes due and unpaid the county and state ; and shall, in the 
 same manner, proceed to sell the same for the said general 
 taxes, special taxes and special assessments remaining due and 
 unpaid. In obtaining said judgment and making said sale, the 
 said officer shall be governed by the general revenue laws of 
 this state, except when otherwise provided herein. And the 
 city council may, by ordinance or resolution, fix and deter¬ 
 mine the term of the county court at which the said general 
 officer shall apply for judgment against the said lots, parcels 
 of land and property : Provided , there shall be but one sale in 
 any one year for any general taxes, special taxes or special 
 assessments levied by authority of such city, which sale may be 
 at the same or a different time from the sale for state and county 
 taxes, as the city council may, by ordinance or resolution, pro¬ 
 vide. Upon any such application for judgment, the county court 
 shall have like jurisdiction and powers, and like proceedings shall 
 be had, as near as may be, as upon application for judgment for 
 state and county taxes; and upon an appeal from the judgment 
 of the county court, the like proceedings shall be had and the like 
 jurisdiction and like powers shall be exercised by courts and offi¬ 
 cers, as in case of appeals from the county court upon applica¬ 
 tions for judgments for state and county taxes: Provided , hozv- 
 ever, that no appeal shall be allowed from any judgment of the 
 county court against any property returned as delinquent under 
 this act, unless the party appealing from such judgment shall first 
 give bond with two sureties, to be approved by the court, in a 
 penalty at least double the amount of the judgment, interest and 
 costs appealed from, conditioned that he will prosecute his ap¬ 
 peal with effect, and in case of failure therein, pay and satisfy 
 such city the amount of the judgment appealed from, with all 
 damages, interest and costs which such city may have sustained 
 by reason of such appeal, and upon the affirming of such judg¬ 
 ment of the county court the supreme court shall render judg¬ 
 ment for twenty per cent, for damages. 
 
 265 Collections after return—correcting list.] 
 § 17. The city collector shall have power to receive and collect any 
 of the general taxes, special taxes or special assessments men¬ 
 tioned in said report up to the time of the actual sale of any such 
 lot, parcel of land or property, and it shall be is duty forthwith to 
 report the fact of such payment to the said general officer, who 
 shall mark the same paid upon his books and upon said report 
 (or return): Provided , hozvcver, the city collector may close his of¬ 
 fice for the payment of said taxes and assessment a sufficient 
 
85 
 
 length of time before the day fixed for the application for judg¬ 
 ment to enable such general officer and city collector to compare 
 and correct the reports of taxes and assessments paid, with the 
 list of delinquent property returned to such general county offi¬ 
 cer. 
 
 266 Sale—report—expenses—fees.] § 18. It shall be 
 the duty of the city treasurer to attend to such sale; and all 
 moneys bid and paid at such sale for any such city taxes, special 
 taxes or special assessments, shall be paid to the treasurer of 
 such city, and no other person; and it shall be the duty of the 
 city treasurer, upon the close of such sale, to make a report to 
 the city comptroller (if there be one; if none, to the city clerk,) 
 specifying therein the lots, parcels of land and property upon the 
 sale of which the same was received, and a description of the lots, 
 parcels of land and property purchased by the city. The city 
 council shall, by ordinance, provide for the payment of the ex¬ 
 penses of such sale, and shall fix the compensation to said officer 
 for making the sale, which shall be in lieu of all fees therefor: 
 Provided , hozvever , there shall be paid such general officer the 
 same fees for advertising, making list for the printer, and making 
 out the delinquent list, and to the county clerk the like fees as 
 provided to be paid for like services in regard to property delin¬ 
 quent for state and county taxes, which said fees or costs shall 
 be extended and collected against the lots, land and real prop¬ 
 erty, as in case of property delinquent for state and county 
 taxes. 
 
 267 Where record remain—redemption.] § 19. Af¬ 
 ter making said sales, the record and list of lots, parcels of land 
 and property sold thereat, shall remain in the hands of the clerk 
 of the county court, and redemption shall be made as provided 
 for by the general revenue law of the state. 
 
 268 General revenue law applicable.] § 20. All the 
 provisions of the general revenue law of this state relating to the 
 redemption or deeding of any property so sold, and the manner 
 of obtaining a deed, and the effect of the same, shall be in full 
 force and apply to all sales made in pursuance of this act. 
 
 269 Liability of collector, when property sold af¬ 
 ter PAYMENT.] § 21. If the collector shall receive any moneys 
 for taxes or assessments, giving a receipt therefor, for any land or 
 parcel of land, and afterwards return the same as unpaid, to the 
 general county officer authorized to sell lands for taxes, or shall 
 receive the same after making such return, and the same be sold 
 
i 
 
 86 
 
 for tax or assessment which has been so paid and receipted for 
 by himself or his clerks, he and his bond shall be liable to 
 the holder of the certificate given to the purchasers at the sale, 
 for the amount of the face of the certificate, and fifty per cent, 
 additional thereof, to be demanded within two years from the 
 date of the sale, and recovered in any court having jurisdiction 
 of the amount. 
 
 GENERAL PROVISIONS. 
 
 270 May collect under general revenue law.] 
 § 22. The city council of any city shall have power at any time, 
 in lieu of the mode herein provided for the assessment and collec¬ 
 tion of general city taxes, to, by resolution or ordinance, elect to 
 certify to the county clerk the amount or amounts required to be 
 raised by taxation upon the assessment of property for state and 
 county taxes, and to collect the taxes for said city, in the man¬ 
 ner provided for in the general revenue laws of this state, and in 
 such case to abolish the office of the city assessor and the city 
 collector: Provided, however ; that nothing in this section con¬ 
 tained shall be so construed as to prevent such corporation at 
 any time thereafter from providing for the assessment and collec¬ 
 tion of taxes by ordinance, and in the manner in this act herein¬ 
 before set forth. 
 
 271 Tax commissioner—his duties.] § 23. The city 
 council may, in their discretion, provide, by ordinance, for the ap¬ 
 pointment of a city tax commissioner, fix his term of office and 
 salary, and confer upon him such powers, and provide for the per¬ 
 formance of such duties by him as the city council may deem 
 necessary and proper and all the provisions of this act relating 
 to the duties of the city clerk or the powers of the city clerk, in 
 connection with the assessment of property, the equalization of 
 such assessments, or the levy or collection of taxes, special taxes 
 or special assessments, shall be exercised and performed by such 
 city tax commissioner, if there be one appointed; and to that 
 end and purpose wherever in this act heretofore the words “city 
 clerk ” or “ clerk ” are used, they shall be held to mean “ city tax 
 commissioner,” and whenever “ the city clerk’s office ” or “ clerk’s 
 office ” is referred to, it shall be held to mean “ city tax commis¬ 
 sioner officer,” and the term “ city council ” shall be held to include 
 the common council of any city. 
 
87 
 
 ASSESSORS AND COLLECTORS. 
 
 AN ACT in regard to assessors and collectors of city taxes in 
 
 incorporated cities. [Approved and in force April 25, 1873. 
 
 272 Appointment of, ad interim.] § 1. Be it enacted by 
 the People of the State of Illinois , ye presented in the General As¬ 
 sembly , That in all incorporated cities in this state which now 
 have or may hereafter be vested with power to make an assess¬ 
 ment of properry for taxation for city purposes, and in which 
 there is or may be no city assessor authorized to make such as¬ 
 sessment, and no city collector authorized to collect city taxes 
 levied by any such city, it shall and may be lawful for the mayor 
 of any such city to appoint, by and with the consent of the legis¬ 
 lative authority thereof, a city assessor and a city collector, who 
 shall hold office until a city assessor and a city collector for such 
 city may be elected and qualified in the manner provided by law ; 
 and such city assessor and city collector so appointed shall per¬ 
 form like duties, have like powers, and give like bonds, as pro¬ 
 vided by law in regard to such officers when elected by the peo¬ 
 ple. 
 
 273 Emergency.] §2. It being important that all incor¬ 
 porated cities in this state should have power to proceed with 
 the assessment and collection of their taxes at as early a date as 
 practicable, an emergency has arisen requiring this act to take 
 effect immediately: therefore, this act shall be in force from and 
 after its passage. 
 
 MAYOR’S ACT. 
 
 APPOINTMENT AND REMOVAL OF CITY OFFICERS. 
 
 Section I Section 
 
 1. Appointment and removal of city officers. 3. Passage over mayor’s veto. 
 
 2. Approval and veto power of mayor. | 4. Emergency. 
 
 AN ACT concerning the appointment and removal of city officers 
 in all cities in this state, conferring additional powers and 
 duties upon mayors, and concerning appropriation bills or 
 ordinance that may be passed in such cities. [Approved and 
 in force April 10, 1875. 
 
 Section 1. Appointment and removal of city offi¬ 
 cers.] Be it enacted by the people of the State of Illinois, represent- 
 
88 
 
 ed in the General Assembly , In all cities in this state, the mayors 
 thereof shall have power to appoint all city officers, (whose elec¬ 
 tion by the voters of such city is not provided for by law,) by and 
 with the consent of the city council, (or in case the legislative 
 authority consists of two houses, then by and with the consent 
 of the board of councilmen,) by a vote of the majority of all its 
 members authorized by law to be elected, to be taken by yeas 
 and nays, and entered upon its records. And the mayor shall 
 also have power to remove any officer so appointed whenever, in his 
 opinion, the interests of the city requires such removal: he shall 
 report such removal, with his reasons therefor, to the council, (or 
 in case the legislative authority consists of two houses, then to 
 the board of councilmen,) at its next regular meeting ; and if 
 the council by a two-thirds vote shall, (or if the board of coun¬ 
 cilmen shall by a majority vote) of all its members authorized 
 by law to be elected, by yeas and nays to be entered upon its 
 record, disapprove of such removal, such officer ^shall thereby 
 become restored to the office from which he was so removed ; 
 but he shall give new bonds and take a new oath of office. The 
 mayor may appoint any suitable person to discharge the duties 
 of the office from which he shall have removed any officer, until 
 his successor is appointed and qualified, or such officer restored 
 to office in the manner aforesaid. 
 
 § 2. Approval and veto power of mayor.] All ordinance s 
 passed by the city council shall, before they take effect, be de¬ 
 posited in the office of the city clerk, and if the mayor approves 
 thereof, he shall sign the same, and such as he shall not approve 
 he shall return to the council, with his objections thereto, in 
 writing, at the next regular meeting of the council occurring 
 not less than five days after the passage thereof. Such veto 
 may extend to any one or more items or appropriations con¬ 
 tained in any ordinance, and in case the veto only extends to a 
 part of such ordinance, the residue thereof shall take effect and 
 be in force; but in case the mayor shall fail to return any 
 ordinance with his objections thereto, by the time aforesaid, he 
 shall be deemed to have approved such ordinance, and the same 
 shall take effect accordingly. 
 
 § 3. Passage over mayor’s veto.] Upon the return of any 
 ordinance by the mayor, the vote by which the same was passed 
 shall be reconsidered by the council, and if, after such recon¬ 
 sideration, two-thirds of all the members elected to the city 
 council shall agree, by yeas and nays, to pass the same, it shall 
 go into effect, notwitstanding the mayor may refuse to approve 
 
89 
 
 thereof. The vote to pass the same over the mayor’s vteo shall 
 be taken by yeas and nays, and entered on the journal. 
 
 § 4. Emergency.] Whereas, the legislative authorities in 
 many cities pass their appropriation bills before the first day of 
 July next, and mayors have no power to veto a part of such ap¬ 
 propriation or ordinance, wherefore an emergency exists ; there¬ 
 fore, this act shall take effect, and be in force from and after its 
 passage. 
 
 TAXES. 
 
 Section 16. Proceedings by general officer—Judgment-Appeal-Deposit-Damages. 
 
 AN ACT to amend an act entitled, “An act in regard to the 
 Assessment of Property and the Levy and collection of Taxes 
 by incorporated cities in this state,” approved April 15, 1873. 
 [Approved April 7, 1875. In force July 1, 1875.] 
 
 Section 1. Be it enacted by the People of the State of Illinois 
 represented in the General Assembly, That section sixteen of an 
 act entitled, “An act in regard to the assessment of property and 
 the levy and collection of taxes by incorporated cities in 
 this state,” approved April 15, 1873, be and the same is hereby 
 amended so as to read as follows: 
 
 “§16. Proceedings by general officer—Judgment— 
 APPEAL—DEPOSIT—DAMAGES.] When said general officer shall 
 receive the report or return provided for in the preceding section, 
 he shall proceed to obtain judgment against said lots, parcels of 
 land and property for said general taxes, special taxes and spec¬ 
 ial assessments remaining due and unpaid, in the same manner 
 as may be by law provided for obtaining judgments against 
 lands for taxes due and unpaid the county and state; and shall 
 in the same manner, proceed to sell the same for the said gen¬ 
 eral taxes, special taxes, and special assessments remaining due 
 and unpaid: Provided, that it shall not be required of said gen¬ 
 eral officer to attach to said list of delinquent lots or lands any 
 affidavit whatever in relation thereto ; nor shall it be necessary 
 that his return to the county court, in relation to lots, lands or 
 real estate, for such purpose, shall contain the valuation of such 
 property ; but it shall be sufficient that he make an official re¬ 
 turn stating in substance that the list, in this regard, by him pre¬ 
 sented, is a correct list of the lands and lots, delinquent for 
 taxes, special taxes and special assessments for city purposes 
 
90 
 
 with the amount due on each tract, respectively for such purposes 
 according to the return of the city collector of such city, duly 
 made to such officer according to law. In obtaining said judg¬ 
 ment and making said sale, the said officer shall be governed 
 by the general revenue laws of this state, except when otherwise 
 provided herein. And the city council may, by ordinance or 
 resolution, fix and determine the term of the county court at 
 which the said general officer shall apply for judgment against 
 the said lots, parcels of land and property : Provided, there shall 
 be but one general sale in any one year for any general taxes, 
 special taxes, or special assessments, levied by authority of such 
 city, which sale shall be at the same, or a different time from 
 the sale for state and county taxes, as the city council may, by 
 ordinance or resolution, provide. Upon any such application 
 for judgment, the county court shall have like jurisdiction and 
 powers, and like proceedings shall be had, as near as may be, as 
 upon application for judgment for state and county taxes; and 
 upon an appeal from the judgment of the county court, the like 
 proceedings shall be had, and the like jurisdiction and like 
 powers shall be exercised by courts and officers, as in case of 
 appeals from the county court upon applications for judgments 
 for state and county taxes : Provided , kowevei , that no appeal 
 shall be allowed from any judgment of the county court 
 against any property returned as delinquent under this act, ex¬ 
 cept in cases of Special assessments, unless the party appealing 
 from such judgment shall first deposit with such general officer 
 an amount of money equal to the amount of the judgment 
 appealed from, embracing accrued costs, and shall also 
 give bond, with security, to be approved by the county court, in 
 an amount to be fixed by the court, within a time to be limited by 
 the court, conditioned that he will prosecute his appeal with effect, 
 and in case of failure, will pay to said city all damages, interest 
 and costs the city may have sustained by such appeal. Upon 
 the affirmance of said judgment in the supreme court, by dismis¬ 
 sal of such appeal (or by dismissal of a writ of error made a su¬ 
 persedeas), or otherwise, judgment shall be rendered in the 
 supreme court, against said appellant (for the use of city) for the 
 costs in the supreme court, and for interest on the original 
 amount of such judgment, and for twenty (20) per cent, upon 
 said judgment as damages, and no writ of error shall be allowed 
 to operate as a supersedeas until the party applying therefor * 
 
 shall first have applied, in substance, with the conditions, as 
 above required in appeals, to be prescribed by the judge or court 
 allowing such supersedeas. If such judgment, so stayed by ap- 
 
91 
 
 peal or supersedeas, be reversed and not remanded, then said of¬ 
 ficer holding such deposit shall restore the same to the party 
 making such deposit. If such judgment be wholly affirmed, or 
 affirmed in part and reversed in part, and not remanded, then 
 such officer holding such deposit shall first pay out of such de¬ 
 posit the amount necessary to satisfy such judgment as affirmed 
 or modified by the supreme court, together with all costs and in¬ 
 terest and damages for which such depositor is liable by the said 
 affirmed or modified judgment, and shall pay the balance, if any, 
 to such depositor, and if not sufficient, execution may issue for 
 the balance from the clerk of the supreme court, or of the county 
 court, as the case may require. If such judgment be reversed 
 and remanded, then such deposit shall await the final judgment 
 of the county court, and be disposed of by the order of said coun¬ 
 ty court, as justice may require; And it is further provided, that 
 if, for any cause, by appeal or otherwise, the final judgment in 
 the county court shall not be rendered until it is too late to sell 
 on the day designated for sale in the general revenue laws, then, 
 and in such case, the county court shall, on rendering final judg¬ 
 ment against such delinquent lots or parcels of land, by order, fix 
 the time and place of sale under such judgment, and make such 
 order as shall effect the proper collection of such delinquent taxes 
 or assessments.” 
 
 [This act is in place of section 16 on page 257 Revised Statutes, 1874 —Ed.] 
 
 \ 
 
INDEX. 
 
 ARTICLE I. 
 
 OF THE ORGANIZATION OF CITIES, 
 
 Section 
 
 How city may adopt this act. 1 
 
 Notice of election.. 2 
 
 The ballots—result. 3 
 
 How towns may become cities. 4 
 
 Organizing a city—petition—election—result. 5 
 
 Courts to take judicial notice of organization, etc. 6 
 
 Election of officers. 7 
 
 When county judge to give notice of election, etc. 8 
 
 Term of first officers. 9 
 
 Corporate name—powers. 10 
 
 Prior ordinances, etc., in force until, etc... 11 
 
 Rights, etc., of old corporation to vest in new. 12 
 
 Record of result of election... 13 
 
 ARTICLE II. 
 
 OF THE MAYOR. 
 
 Mayor—his qualifications. 14 
 
 Vacancy one year or more. 15 
 
 Vacancy less than one year. 16 
 
 Mayor pro tern . 17 
 
 Vacancy by removal from city. 18 
 
 Mayor to preside—casting vote. 19 
 
 When he may remove officers. 20 
 
 His powers to keep peace. 21 
 
 Release of prisoners. 22 
 
 General duties. 23 
 
 To examine records, etc. 24 
 
 Messages to council. 25 
 
 To call out malitia, etc.—riots, etc... 26 
 
 Misconduct, etc.—of mayor or other officer—penalty. 27 
 
 Revising ordinances after change of organization. 28 
 
 ARTICLE III. 
 
 OF THE CITY COUNCIL. 
 
 Council—how composed. 29 
 
 Number of aldermen. 30 
 
 Term of office of aldermen. 31 
 
94 
 
 Vacancy. 32 
 
 Qualifications of aldermen. 33 
 
 Council judge of election and qualification of members. 34 
 
 Rules—expulsion—bribery. 35 
 
 Quorum—compelling attendance. 36 
 
 Meetings. 37 
 
 Chairman pro tern . 38 
 
 Open doors. . 39 
 
 Journal shall be kept. 40 
 
 Yeas and nays—record—vote required. 41 
 
 Not rescind vote at special meeting unless, etc. 42 
 
 When report laid over. 43 
 
 Territorial jurisdiction. 44 
 
 Special meetings. . 45 
 
 Ordinances—appeal—veto... 46 
 
 Reconsideration—passing over veto. 47 
 
 ARTICLE IV. 
 
 ELECTIONS. 
 
 Annual election. 48 
 
 Election of mayor. 49 
 
 Who entitled to vote... 50 
 
 Wards. 51 
 
 Aldermen at first election—classified. 52 
 
 Minority representation. 53 
 
 Aldermen under minority representation. 54 
 
 Aldermen when minority plan not adopted. 55 
 
 Council to designate place of election—notice. 56 
 
 Manner of conducting elections. 57 
 
 Result—tie. 58 
 
 Notice to persons elected or appointed. 59 
 
 Where no quorum in office—special election. 60 
 
 Special election. 61 
 
 ARTICLE V. 
 
 OF THE POWERS OF THE CITY COUNCIL. 
 
 General powers of the city council. 62 
 
 Style of ordinances. 63 
 
 Publication of ordinances—when they take effect. 64 
 
 Proof of ordinances. 65 
 
 Suits for violating ordinances. 66 
 
 Fines and licenses paid to treasurer. 67 
 
 Summons—affidavit—punishment. 68 
 
 Jurisdiction of justices, etc. 69 
 
 Constable and sheriffs may serve process, etc. 70 
 
 Jurisdiction over water. 71 
 
 t 
 
 ARTICLE VI. 
 
 OFFICERS—THEIR POWERS AND DUTIES. 
 
 Officer enumerated. 72 
 
 Other officers—duties of city marshal. 73 
 
 Appointment—vacancies—duties—powers. 74 
 
Oath—bond. 75 
 
 Commission—certificate—delivery to successor. 76 
 
 Qualifications of officers. ... ... 77 
 
 Officers not to be interested in contracts, etc.. 78 
 
 Bribery—penalty. 79 
 
 Mayor, etc., not to hold other office. 80 
 
 Duties of clerk. 81 
 
 Record of ordinances. 82 
 
 Conservators of the peace—powers. 83 
 
 Compensation of mayor. 84 
 
 Compensation of aldermen, etc. 85 
 
 Compensation of other officers. 86 
 
 Administering oaths. 87 
 
 ARTICLE VII. 
 
 OF FINANCE. 
 
 Fiscal year. 88 
 
 Annual appropriation ordinance. 89 
 
 Limitation—emergency—borrowing money. 90 
 
 Contracting liabilities limited. 91 
 
 Duties of treasurer. 92 
 
 Funds kept separate. 93 
 
 Receipts. 94 
 
 Monthly statements—warrants—vouchers—register. 95 
 
 Deposit of funds—separate from his own. 96 
 
 Treasurer’s annual report—publication. 97 
 
 Warrants. 98 
 
 Special assessment fund kept separate.. 99 
 
 CITY COLLECTOR. 
 
 His duties. 100 
 
 He shall report, etc.—publication. 101 
 
 Not to detain money—penalty. 102 
 
 Examination of books—paying over..,.. 103 
 
 CITY COMPTROLLER. 
 
 His powers and duties. 104 
 
 Council may define duties—tranfer of clerk’s financial duties. 105 
 
 Record of bonds issued by city. 106 
 
 GENERAL PROVISIONS. 
 
 Further duties may be required of officers. . 107 
 
 Appeal to finance committee. 108 
 
 Who may appoint subordinates—liability. 109 
 
 Foreign insurance companies—licenses, etc., penalties. 110 
 
 ARTICLE VIII. 
 
 OF THE ASSESSMENT AND COLLECTION OF TAXES. 
 
 Ordinance levying tax . Ill 
 
 Manner of collecting. 112 
 
 Time of paying over. 113 
 
 When tax levied for particular purpose. 114 
 
 Tax to be uniform. 115 
 
( J(3 
 
 ARTICLE IX. 
 
 SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 
 
 Powers conferred. 116 
 
 Ordinance for improvement. 117 
 
 When property is to be taken. 118 
 
 Petition. 119 
 
 Form of petition. 120 
 
 Summons—publication—notice . 121 
 
 Hearing—jury. :. 122 
 
 Jury to ascertain compensation—admitting other parties. 123 
 
 Viewing premises—ownership, etc. 124 
 
 Judgment—new parties—further proceedings. 125 
 
 Powers of court. 126 
 
 Ownership—further powers of court. 127 
 
 Persons under disability. 128 
 
 Judgment—effect—appeal, etc. 129 
 
 Order for possession. 130 
 
 When improvement made by general tax. 131 
 
 Special taxation. 132 
 
 SPECIAL ASSESSMENT. 
 
 How made. 133 
 
 Ordinance for—sidewalks—owner’s rights. 134 
 
 Estimate of cost. 135 
 
 Order for proceedings in court. 136 
 
 Petition to court. 137 
 
 Appointment of commsssioners—oath. 138 
 
 Duty of commissioners. 139 
 
 Assessment roll—return of roll. 140 
 
 Notice by mail, posting and publication. 141 
 
 Proof of notice. :. 142 
 
 Continuance when notice not in time. 143 
 
 Objections—judgment by default. :. 144 
 
 Hearing—jury. 145 
 
 Precedence. 146 
 
 Court may modify, etc., the assessment. 147 
 
 Judgment several—appeal, etc.—lien. 148 
 
 Judgment certified to city clerk—filing—warrant. 149 
 
 Form of warrant . 150 
 
 Collector’s notice, form of. 151 
 
 Manner of collecting—entry of payment. 152 
 
 Report of delinquent list to county collector—evidence—defense. 153 
 
 Application for judgment—what laws govern. 154 
 
 Return of sales—redemption. 155 
 
 Penalty when lands paid are sold for tax, etc. . 156 
 
 Paying over—compensation. 157 
 
 General revenue laws apply. 158 
 
 City or village may buy in.: . 159 
 
 When assessments set aside—new assessment. 160 
 
 Supplemental assessments. 161 
 
 New assessments against delinquents—lien—limitation. 162 
 
 Contracts payable from assessments. . 163 
 
 How contract let—approval. 164 
 
97 
 
 Lien. 165 
 
 Collection of assessment by suit. 166 
 
 Supplemental petition to assess benefits in condemnation cases. 167 
 
 Adoption of this article. 168 
 
 ARTICLE X. 
 
 MISCELLANEOUS PROVISIONS—WATER. 
 
 Water—borrow money. 169 
 
 Acquiring property for water works—jurisdiction over. 170 
 
 Regulations—rates—taxation, etc. 171 
 
 Taxpayer may enforce rights in name of city, etc . 172 
 
 Maps—approval of. 178 
 
 Inhabitants competent as jurors, etc. 174 
 
 Population—census. 175 
 
 Municipal year. 176 
 
 City or village need not give appeal bond. 177 
 
 ARTICLE XT. 
 
 OF THE ORGANIZATION OF VILLAGES. 
 
 By incorporated towns. . . 178 
 
 Ballot. 179 
 
 Returns—canvass—record. 180 
 
 Result—old officers continue until, etc. 181 
 
 New organization—how effected. 182 
 
 Petition—election—return. 188 
 
 Result—election of officers, etc. 184 
 
 Trustees—corporate name—powers. 185 
 
 Powers and duties of president and trustees. 186 
 
 Style of ordinances. 187 
 
 Appointment of officers—prescribe duties and fees. 188 
 
 Powers of village constable. 189 
 
 Annual election. 190 
 
 Suits—jurisdiction, fines, etc. 191 
 
 Police magistrates. 192 
 
 No incorporation allowed under former laws. 193 
 
 FERRIES AND BRIDGES. 
 
 License and regulate. 194 
 
 ANNEXING AND EXCLUDING TERRITORY. 
 
 Petitition to be annexed—annexing. 195 
 
 Annexing one corporation to another. 196 
 
 Proceeding by corporation to annex territory. 197 
 
 Notice of proceedings. 198 
 
 Objections to annexation—trial. 199 
 
 Finding—costs, etc. 200 
 
 Proceedings by owners to be annexed. 201 
 
 Proceedings to disconnect. 202 
 
 Map and ordinance recorded. 203 
 
 School districts may use this act. 204 
 
 Judicial notice of change. 205 
 
CHANGING NAME. 
 
 Petition. 206 
 
 Proceedings. 207 
 
 Duty of secretary of state. 208 
 
 Time of hearing to be fixed—notice. 209 
 
 Hearing petition and remonstrances. 210 
 
 Order filed with secretary of state—notice. 211 
 
 Rights saved. 212 
 
 When change void. 213 
 
 Name of unincorporated town, etc. 214 
 
 TERRITORIAL JURISDICTION. 
 
 Over Ohio river. 215 
 
 To enforce ordinances on boats, etc. . 2i6 
 
 HOUSES OF ILL-FAME. 
 
 Licensing and medical inspection forbidden. 217 
 
 Emergency. 218 
 
 LEASING LANDINGS AND LEVEES. 
 
 When landings and levees may be leased. 219 
 
 What lands—when lease takes effect—definition—resolution. 220 
 
 POLICE AND FIREMEN’S RELIEF FUND. 
 
 How fund created. 221 
 
 Use for disable men. 222 
 
 Use in case of death. 223 
 
 Vote necessary to appropriate. 224 
 
 Bequests, gifts, etc.—treasurer’s duty. 225 
 
 No new liability on city for injuries. 226 
 
 WATER WORKS. 
 
 Power to supply water—letting contracts. 227 
 
 Borrow money—tax. 228 
 
 May acquire property for works, etc. 229 
 
 Rules—tax—assessment—lien. 230 
 
 Special assessments. 231 
 
 Separate funds. 232 
 
 When act not apply. 233 
 
 Emergency. 234 
 
 Bond—assessments payable by installments. 235 
 
 When installments to be paid—interest. 236 
 
 Applies to assessments already ordered. .... 237 
 
 Emergency. 238 
 
 Power to contract for water. 239 
 
 Tax. 240 
 
99 
 
 SALARIES OF CITY OFFICERS. 
 
 When to be fixed—not changed during term. 241 
 
 Emergency. 242 
 
 REBATE AND REDUCTION OF TAXES, ETC. 
 
 Rebate when property destroyed. 243 
 
 Reduce or release tax or assessment. 244 
 
 Emergency. 245 
 
 SEWERAGE AND WATER TAXES. 
 
 Sewerage fund tax. 246 
 
 Water fund tax. 247 
 
 Emergency. 248 
 
 TAXES. 
 
 Purposes for which taxes may be levied. 249 
 
 Assessor and collector. 250 
 
 Rule of assessment—property assessed. 251 
 
 Of what time assessed. 252 
 
 General revenue law applies. 253 
 
 Time to hear objections—notice. 254 
 
 Equalization—hearing objections. 255 
 
 Tax books—duties of clerk, mayor, etc. 256 
 
 Ordinance levying tax—limitation. 257 
 
 Extending tax—warrant—delivery to collector receipt. 258 
 
 Fixing time of Return. 259 
 
 COLLECTION OF TAXES. 
 
 Notice—levy on personal property. 260 
 
 Deputies - examination of papers, etc.—returns. 261 
 
 Lien—owner on May 1st, to pay—sale of personal property. 262 
 
 Return to county collector. 263 
 
 Proceedings by county collector—judgment appeal. 264 
 
 Collection after return—correcting list. 265 
 
 Sale—report—expenses—fees. 266 
 
 Where record remains—redemption. 267 
 
 General revenue law applicable. 268 
 
 Liability to collector, when property sold after payment. 269 
 
 GENERAL PROVISIONS. 
 
 City may collect under general revenue law. 270 
 
 Tax commissioner—his duties. 271 
 
 ASSESSORS AND COLLECTORS. 
 
 Appointment of ad interim . 272 
 
 Emergency. 273 
 
 Mayor’s Act.. .Page 87 
 
 Taxes. 89