if? REVISED ORDINANCES City of Danville, M't ILLINOIS. PUBLISHED BY AUTHORITY OF THE CITY COUNCIL. DANVILLE, ILL.: Illinois Printing Company, Printers, 1892 . o / OF THE U N I VERS I T Y OF ILLINOIS 332..0773 023 or r \vsz The person charging this material is re- sponsible for its return on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. uii'ivriis'iTv oni m REVISED ORDINANCES OF THE City of Danville, ILLINOIS. PUBLISHED BY AUTHORITY OF THE CITY COUNCIL. Revised and Arranged by E. R. E. KIMBROUGH and W. J. CALHOUN. 7/20/40 g. Flora Woodbury n li K 1 . 1! V Mivfii&nr or m Cities and V illages. AN ACT TO PROVIDE FOR THE INCORPORATION OF CITIES AND VILLAGES. In force July 1, 1872. Section 1. Beit enacted by the People of the State of Illinois , represented in the General Assembly , as follows — ARTICLE I. OF THE ORGANIZATION OF CITIES. Section. 1. How city may adopt this act. 2. Notice of election. 3. The ballots ; result. 4. How towns may become cities. 5. Organizing a city — petition — election— result. 6. Courts to take judicial notice of organization, etc. 7. Election of officers. 8. When county judge to give notice of election, etc. 9. Term of first officers. 10. Corporate name — powers. 11. Prior ordinances, etc., in force until, etc. 12. Rights, etc., of old corporations to vest in new. 13. Record of result of election. 13a. Abolishes city register’s office. 1. How cities may incorporate. § 1. That auy 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 election, shall petition the mayor and council thereof to submit the question as to whether such city shall become incorporated under this act, to a vote of the electors in such city, it shall be the duty of such mayor and council to submit such question to a vote of the electors of said city at the next ensuing municipal election of such city, or I 162417 4 Cities and Villages. on the third Tuesday of April, as provided for in Article IV (4) of said act, for holding municipal elections : Provided , there shall be sufficient time intervening to give the notice required by law. [As amended by act approved June 17, 1887.] 2 . Notice of election. § 2. The mayor of such city shall give at least thirty days’ notice of such election, by publishing 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 organization under general law”; or, “Against city organization under general law.” The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns, and cause the result of such canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be for city 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 successors shall be elected and qualified. 4 . How towns may become cities. § 4. Any incorporated town or village, in this state, having a population of not less than one thousand (1,000) inhabitants, may become incorporated as a city in like manner as hereinbefore provided ; but in all such cases the president and trustees of such town or village shall, respectively, perform the same duties relative to such change of organization as is above required to be performed by the mayor and council of cities. [As amended by act 1 approved May 25, 1877.] 5 . Organizing a city — petition — election — result. § 5. Whenever any area of contiguous territory in this State, not exceeding foursquare miles, shall have resident thereon a population of not less than one thousand inhabitants, which shall not already be included within any incorporated town or city, the same may become incorporated as a city in manner following: Any fifty legal voters thereof may file in the office of the clerk of the county court, of the county in which such inhabitants reside, a petition addressed to the judge of such court; and if the territory described in said petition shall be in more than one county, than 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 connty judge and any two justices of the peace whom he may call to his assistance, instead of the city council ; and the result of such election shall be entered upon the records of such county court. If a majority of the votes cast at such election shall be “ For city organization under general law, ” the inhabitants of such territory, described in such petition, shall be deemed to be 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. § 6. All courts in this State shall take judicial notice of the existence of all villages and cities organized under this act, and of the change of the organization of any town or city from its 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 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 the president and board of trustees of any town which shall have voted to change its organization to a city, under this act, to call and give notice of an election to elect city officers, and to designate the time and place or places of holding the same.. Such notice shall be 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 officers. . § 9. The city officers elected under either of the preceding sections, shall hold the irrespective 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 organization 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 organiza- tion, shall be deemed and held to be vested in the same municipal incorporation upon its becoming incorporated under the provisions of this act ; but no rights or liabilities, either in favor of or against such corporation, existing at the time of so becoming incorporated under this act, and no suit or prosecution of any kind shall be affected by such change, but the same shall stand and progress as if no change had been made : Provided, that when a different remedy is given by this act, which may properly be made applicable to any right existing at the time of such city so becoming incor- porated under this act, the same shall be deemed cumulative to the remedies before provided and used accordingly. 13. Record of the result of election. § 13. The corporate authorities of anv city or village which may become Cities and Villages. 7 organized under this act shall, within three months after organization hereunder, cause to be filed in the office of the recorder of deeds, in the county in which such city or village is situated, a certified copy of the entry made upon the records of the city, village or county court, of the canvass of the votes, 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 a registry of cities and villages organized under this act. 13a. City register’s office abolished. §14. If any city organized or which may hereafter organize under this act, shall have had by the terms and provisions of its special charter a city register’s office or other office in which deeds, mortgages or other instruments were required or authorized by law to be recorded in lieu of recording the same in the recorder’s office in the county where said city was situated, such city register’s office or recorder’s office shall be discontinued under this act, and the city register or recorder or other officer having the custody of the records, books and papers pertaining to such city register or recorder’s office, shall deposit such records and books, and papers in the office of the recorder of deeds of the county, in which such city is situated, and shall take the receipt of the recorder of deeds therefor, and such records, and books, and papers, shall from thereafter, be deemed and held for all purposes a part of the records of the recorder’s office of such county, and shall have like legal effect as if the same had been originally a part of the records of such county recorder’s office for all purposes whatsoever, and the same or certified transcripts made therefrom, shall have like force and effect as evidence as other records of said recorder’s office. [As amended by act approved May 15, 1879. In force July 1, 1879.] 8 Cities and Villages. ARTICLE II. OF THE MAYOR. Section. 1. Mayor — his qualifications. 2. Vacancy one year or more. 3. Vacancy less than year. 4. Mayor pro Um. 5. Vacancy by removal from city. 6. Mayor to preside — casting vote. 7. When he may remove officers. 8. His powers to keep peace. 9. Release of prisoners. 10. General duties. 11. To examine records, etc. 12. Messages to council. 13. To call out militia, etc. — riots, etc. 14. Misconduct, etc., of mayor or other officer — penalty. 15. Revising ordinances after change of organization. 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. 1 5 . Vacancy one year or oyer. § 2. Whenever a vacancy shall happen in the office of the mayor, when the unexpired term shall be one year or over from the date when the vacancy occurs,, it shall be filled by an election. 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 the 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. Cities and Villages. 9 20 When he may remove officers. § 7. The mayor shall have power to remove any officer appointed hy him, on any formal charge, whenever he shall be of the opinion that the interests of the city demand such removal, but he shall report the reasons for such removal to the council at a meeting to be held not less than five days nor more than ten days after such removal; and if the mayor shall fail, or refuse to file with the city clerk a statement of the reasons for such removal, or if the council by a two-thirds (§) vote of all its members authorized by law to to be elected, by yeas and nays, to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office fiom which he was so removed; but he shall give new bonds and take a new oath of office. No officer shall be removed a second time for the same offense. [As amended by act approved May 31, 1879.] 21. His power 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.] 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 ordinances, and shall take care that the laws and ordinances are faithfully executed. 24. Examine records etc. § 11. He shall have power at all times to examine and inspect the books, records and papers of any agent, employee or officer of the city. 2 5. Messages to council. §12. The mayor shall annually, and from time to time, give the council information relative to the affairs of the city and shall recommend for their consideration such measures as he may deem expedient. 26. To call out militia, etc. § 13. He shall have power when necessary, to call on every male inhabitant of the city over the age of eighteen years to aid in enforcing the. laws and ordinances, and to call out the militia to aid in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, subject to the authority of the governor as commander-in-chief of the militia 10 Cities and Villages. 27. Misconduct, etc. — penalty. § 14. In case the mayor or any other municipal officer shall at any time be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or misfeasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding one thousand dollars; and the court in which such conviction shall be had, shall enter an order removing such officer from office. 28. Revising ordinances, etc. § 15. He may appoint, by and with the advice and consent of the city council, immediately after such change of organization, one or more competent persons to prepare and submit to the city council for their adoption or rejection, an ordinance in revision of the ordinances of such city, and for the government of such city, the compensation of such reviser or revisers to be determined and fixed by the city council and paid out of the city treasury. ARTICLE III. OF THE CITY COUNCIL. Section. 1. Council — how composed. 2. Number of aldermen. 3. Term of office of aldermen.' 4. Vacancy. 5. Qualifications of aldermen. 6. Council judge of election and qualification of members. 7. Rules — expulsion — bribery. 8. 'Quorum -compelling attendance. 9. Meetings. 10. Chariman pro tem. 11. Open doors. 12. Journal shall be kept. 13. Yeas and nays — record — vote required. 1 4 . Not rescind vote at special meeting unless, etc. 15. When report laid over. 16. Territorial jurisdiction. 17. Special meetings. 18. Ordinances — appeal — veto. 19. Reconsideration — passing over veto. 29. 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 11 Cities and Villages. follows: In cities not exceeding three thousand inhabitants, six aldermen ; exceeding three thousand but not exceeding five thousand, eight aldermen; exceeding five thousand and not exceeding ten thousand, ten aldermen ; exceeding ten thousand and not exceeding thirty thousand, fourteen aldermen; and two additional aldermen foy every twenty thousand inhabitants over thirty thousand ; Provided , however, that in cities of over 350,000 inhabitants there shall be elected forty-eight aldermen, and no more, unless additional territory shall be annexed to such city, after such city shall have been .divided into wards on the basis of forty-eight aldermen ; in which case and as often as new territory shall be annexed to such city as aforesaid, containing three or more square miles of territory, or 15,000 inhabitants and not exceeding 25,000 inhabitants, such annexed territory shall constitute a ward of such city, and the city council of such city shall authorize the legal voters of such -annexed territory to elect two aldermen from such ward in such annexed territory ; which said aldermen in such annexed territory shall be additional to said forty-eight aldermen, and who shall possess all the qualifications of and be elected at the time and in the manner provided in the said act of which this is an amendment: Provided , that if said annexed territory shall contain more than 25,000 inhabitants, then the city council shall authorize the legal voters of such annexed territory to elect two aldermen for every 25,000 inhabitants thereof, and two additional aldermen for every fraction of 15,000 inhabitants or more. The number of inhabitants to be determined by the last preceding, national, state or school census of such annexed territory. And if any such annexed territory has less than 15,000 inhabitants, and less than three square miles in extent, then the city council shall annex it to any ward or wards which it adjoins: Provided , further, that when the number of aldermen in any such city shall reach seventy by reason of such annexed territory, the city council shall redistrict said city into thirty-five new wards and no more ; and when said number of aldermen shall reach seventy, if any territory is thereafter annexed which shall contain 25,000 inhabitants or more as determined by the last preceding national, state, school or other census authorized by law to be taken, then said city council shall redistrict said city into thirty-five wards : Provided , further, that whenever after such new territory shall have been annexed, as aforesaid, said city shall be redistricted, the number of wards at the time said city is redistricted, shall be preserved, and the city council thereof may, in its discretion, change the boundary between such new ward and the original territory of the city and make said new ward larger or smaller to comply with the requirements of said act as to compactness 12 Cities and Villages. and equality of inhabitants : and, Provided, further, if it shall appear from any census heretofore or hereafter taken, that any city has the requisite number of inhabitants to authorize it to increase the number of aldermen, it shall be the duty of the city council thereof to proceed without delay and redistrict such city in accordance with the provisions hereof, and to call and hold its next city election in accordance with such new districting : Provided, that at such election the aldermen who hold over shall be considered aldermen for the new wards respectively in which their residence shall be, unless there shall be two or more aldermen who hold over in the same ward under this proviso, then, in such case it shall be determined by lot in presence of the city council, in such manner as they shall direct, which alderman shall hold over for such ward. [As amended by act approved and in force June 4, 1889.] 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 qualified elector, and reside within the ward for which he is elected, nor shall he be eligible if he is in arrears in the payment of any tax or other liability due to the city; nor shall he be directly or indirectly in- terested in any contract whatever to which the city is a party; nor shall he be eligible if he shall have been convicted of malfeasance, bribery or other corrupt practices or crimes; 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 Ahal 1 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 goverment; 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 citv, 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. 34. Council judge of its members. § 6. The city council shall be judge of the election and qualification of its own members. 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 aldermen IB Cities and Villages. 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. 36 . 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 meeting 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. 39 . Open doors. § 11 . It shall sit with open doors. 40 . Journal. § 12. It shall keep a journal of its own proceedings. 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 entered on the journal of its proceedings; and the concurrence of a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance or proposition: Provided , it shall require two-thirds of all the aldermen elect to sell any city or school property. 42 . Not to rescind vote at special meeting, unless, etc. § 14. No vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. 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 regulations there- of. [See §§ 71, 170, 215, 216, 232.] 14 Cities and Villages. 45. Special meeting. § 17. The mayor or any three aider- men may call special meetings of the city council. 46. Ordinance — approval — veto. § 18. All ordinances • passed by the city council shall, before they take effect, be deposited in the office of the city clerk; and if the mayor approves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objections thereto, in writing, at the next regular meeting of the council occurring not lessthan 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, the vote by which the same was passed shall be reconsidered by the council; and if, after such reconsideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, 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. Cities and Villages. 15 ARTICLE IV. ELECTIONS. Section. 1. Annual election. 2. Election of mayor. 3. Who entitled to vote. 4. Wards. 5. Aldermen at first election — classified. 6. Minority representation. 7. Aldermen under minority representation. 8. Aldermen when minority plan not adopted. 9. Council to designate place of election — notice. 10. Manner of conducting elections. 11. Result— tie. 12. Notice to persons elected or appointed. 13. Where no quorum in office — special election. 14. Special election. 48 . Annual Election. § 1 . A general election for city officers shall be held on the third Tuesday of April, of each year: Provided, That in cities which include wholly within their corporate limits a town or towns, such elections shall be held on the first Tuesday of April. [As amended by act approved and in force March 9, 1877.] 49 . Election of mayor, city clerk, attorney and treasurer. § 2. At the general election held in 1877, and biennially thereafter, a mayor, a city clerk, a city attorney, and a city treasurer shall be elected in each city: Provided, that no person shall be elected to the office of city treasurer for two terms in succession. [As amended by act approved and in force March 26, 1877.] 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 preceding thereto, may vote at any election for city or village officers. 51. Wards. § 4. The city council of any city in this state, whether organized under this act or under any special law of this state, may, from time to time, divide the city into one half as many wards as the total number of aldermen to which the city is entitled; and one alderman shall, annually, be elected in and for each ward, to hold his office for two years and until his successor is elected and qualified. In the formation of wards the population of each shall be as nearly equal, and the ward shall be of as compact and contiguous territory as practicable. [As amended by act approved June 17, 1887.] 16 Cities and Villages. 52. Aldermen at first election — classified. § 5. At the first election under this act, there shall be elected the full number of aldermen to which the city shall be entitled. At the first meeting of the city council after such election, the aldermen elected shall be divided, by lot, into two classes: those of the lirst 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 adoption, there shall be submitted at the same time for adoption or rejection the question of minority representation in the city council or legislative authority of such city. At the said election the ballot shall be in the following form: “For minority representation in the city council,” or “against minority representation in the city council,” and at any subsequent time on petition of the legal voters equal in number to one-eighth the number of legal votes cast at the next preceding 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 an 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 effect in such city, shall apportion such city, by dividing the population thereof, as ascertained by the last federal census, by any number not less than two nor more than six, and the quotient shall be the ratio of representation in the city council. Districts shall be formed of contiguous and compact territory, and contain, as nearly as practicable, an equal number of inhabitants. And, Provided further, that where said council or legislative authority of such city have not fixed a ratio of represen- tation and formed the districts or wards, at the time above specified, the same may be done by any subsequent board of aldermen; and all official acts heretofore done and ordinances heretofore passed by any board of aldermen elected at large by the legal electors of any Cities and Villages. 17 such city on the minority representation plan, shall be held and taken by all courts in this state to be of as much validity and binding force as if they had been elected from wards or districts. [As amended by act approved and in force April 1, 1883.] 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. At the first general election for mayor, after the passage of this act, and every two years thereafter, there shall be elected in each ward as many aldermen as such ward shall be entitled to : Provided , that aldermen elected under this act, in wards wherein aldermen were elected for two years at the last previous annual election, shall not take their seats as such until the terms of the aldermen last aforesaid shall expire. Vacancies shall be filled at an election to be held by the voters of the district in which such vacancies shall occur, at the time to be designated by the city council. In all elections for aldermen aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same or equal parts thereof, among the candidates, as he shall see fit, and the candidate highest in votes shall be, declared elected. [As amended by act approved and in force April 1, 1883. L. 1883, p. 57 ; Legal News Ed., p. 57.] 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/ 7 the preceding section shall be null and void, so far as it relates to such city at such -election, and the aldermen of such city shall be elected as otherwise provided 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. 57. Manner of conducting elections, etc. § 10. The manner of conducting and voting at elections to be held under this act and contesting the same, the keeping of poll lists and canvassing the votes, shall be the same, as nearly as may be, as in the case of the election of county officers, under the general laws of this state. The judges of election shall appoint clerks, when necessary to fill vacancies, and the judges and clerks shall take the same oath 2 18 Cities and Villages. and have the same powers and authority as the judges and clerks of general state elections. After the closing of the polls, the ballots shall be counted and the returns made out and returned, under seal, to the city or village clerk, as the case may be, within two days after the election ; and, thereupon, the city council or board of trustees, as the* case may be, shall examine and canvass the same and declare the result of the election, and cause a statement thereof to be entered upon its journals. [See “Elections/ 7 ch. 46, § 48, et. seq.] 58- Result — tie. §11. The person having the highest number of votes, for any office, shall be declared elected. In case of a tie in the election of any city or village officer, it shall be determined by lot, in presence of the city council or board of trustees, in such manner as they shall direct, which candidate or candidates shall hold the office. 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 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 suclx cities or villages. Cities and Villages. 19 ARTICLE V. OF TIIE POWERS OF THE CITY COUNCIL. Section. 1. General powers of the city council. 2. Power to license, tax, etc., itinerant merchants, etc. 3. Style of ordinances. 4. Publication of ordinances — when they take effect. 5. Proof of ordinances. 6. Suits for violating ordinances. 7. Fines and licenses paid to treasurer. 8. Summons — affidavit— punishment. 9. Jurisdiction of justices, etc. 10. Constables and Sheriffs may serve process, etc. 11. Jurisdiction over water. 62. General powers of the city council. § 1. The city council in cities, and president and board of trustees in villages, shall have the following powers : First To control the finances and property of the corporation. Second. To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. Third. To levy and collect taxes for general and special purposes on real and personal property. Fourth. To fix the amount, terms and manner of issuing and 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 any amount, including existing indebtedness, in the aggregate to exceed five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness ;• and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years after contracting the same. Sixth. To issue bonds in place of or to supply means to meet maturing bonds, or for the consolidation or funding of the same. Seventh. To lay out, to establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks and public grounds, and vacate the same. 20 Cities and Villages. Eighth . To plant trees upon the same. Ninth. To regulate the use of the same. Tenth. To prevent and remove encroachments or obstructions upon the same. Eleventh. To provide for the lighting of the same. Twelfth. To provide for the cleansing of the same. Thirteenth. To regulate the openings therein for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains, and erecting gas lights : Provided , however, that any company heretofore organized under the general laws of this state, or any association of persons organized, or which may he hereafter organized for the purpose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof with the same, shall have the right, by consent of the common council (subject to existing rights), to .erect gas factories, and lay down pipes in the streets or alleys of any city or village in this state, subject to such regulations as any such city or village may by ordinance impose. Fourteenth. To regulate the use of sidewalks and all structures thereunder ; and to require the owner or 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 depositing of ashes, offal, 'dirt, garbage or any offensive matter in, and to prevent injury to, any street, avenue, alley or public ground. Sixteen. To provide for and regulate crosswalks, curbs and gutters. Seventeenth. To regulate and prevent the use of streets, sidewalks and public grounds for signs, sign posts, awnings, awning posts, tele- graph poles, horse troughs, racks, posting handbills and advertise- ments. Eigideenth. To regulate and prohibit the exhibition or carrying of banners, placards, advertisements or handbills in the streets or public grounds, or upon the sidewalks. Nineteenth. To regulate and prevent the flying of flags, banners or signs across the streets or from houses. Twentieth. To regulate traffic and sales upon the streets, side- walks and public places. Twenty-first. To regulate the speed of horses and other animals, vehicles, cars and locomotives within the limits of the corporation. Twenty-second. To regulate the numbering of houses and lots. Cities and Villages 21 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 railroad in any street, alley or public place; but such permission shall not be for a longer time than twenty years. Twenty -fifth. To provide for and change the location, grade and crossings of any railroad. Twenty-sixth. To require railroad companies to fence their respective railroads, or any portion of the same, and to construct cattle guards, crossings of streets and public roads, and keep the same in repair, within the limits of the corporation. In case any railroad company shall fail to comply with any such ordinance, it shall be liable for all damages the owner of any cattle or horses or other domestic animal, may sustain, by reason of injuries thereto 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 flagmen at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. To compel such railroad to raise or lower their railroad tracks to conform to any grade which may, at any time, be established by such city, and where such tracks run lengthwise of any such street, alley or highway, to keep their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or highway. To compel and require railroad companies to make and keep open and to keep in repair ditches, drains, sewers and culverts along and. under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded. Twenty-eighth. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof. [See § 194.] Twenty-ninth. To construct and keep in repair culverts, drains, sewers and cesspools, and to regulate the use thereof. Thirtieth. To deepen, widen, dock, cover, wall, alter or change the channel of water courses. Thirty-first. To construct and keep in repair canals and slips for the accommodation of commerce. Thirty-second , To erect and keep in repair public landing places, wharves, docks and levees. [See § 219-220.] 22 Cities and Villages. Thirty-third. To regulate and control the use of public and private landing places, wharves, docks and levees. Thirty -fourth. To control and regulate the anchorage, moorage and landing of all water craft and their cargoes within the jurisdic- tion of the corporation. Thirty-fifth. To license, regulate and prohibit wharf boats, tugs and other boats used about the harbor or within such jurisdiction. Thirty-sixth. To fix the rate of wharfage and dockage. Thirty -seventh. To collect 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, w'ater courses and canals, and the draining or filling of ponds on private property, whenever necessary to prevent or abate nuisances. Forty-first. To license, tax, regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals and other exhibitions, shows and amusements, and to revoke such license at pleasure. Forty-second. To license, tax and regulate hackmen, draymen, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing like occupations, and to prescribe their 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 prac- tices for the purposes of gaming or obtaining money or property; and to prohibit the sale or exhibition of obscene or immoral publica- tions, prints, pictures or illustrations. [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 Cities and Villages. 23 trustees in villages, may grant permits to druggists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance: Provided, further, that in grant- ing licenses such corporate authorities shall comply with whatever general law of the state may be in force relative to the granting of licenses. Forty -seventh. The foregoing shall not be construed to alfect the provisions of the charter of any literary institution heretofore granted. Forty -eighth. And the city council in cities, and president and board of trustees in villages, shall also have the power to forbid and punish the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice or servant, or insane, idiotic or distracted person, habitual drunkard, or person intoxicated. Forty-ninth. To establish markets and market houses, and provide for the regulation and use thereof. Fiftieth. To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and to provide for place and manner of selling the same. Fifty-first. To prevent and punish forestalling and regrating. Fifty-second. To regulate the sale of bread in the city or village; prescribe the weight and quality of the bread in the loaf. Fifty-third k To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal, and other provisions. Fifty-fourth. . To regulate the inspection, weighing and measuring of brick, lumber, fire wood, coal, hay, and any article of merchandise. Fifty fifth. To provide for the inspection and sealing of weights and measures. Fifty-sixth. To enforce the keeping and use of proper weights and measures by vendors. Fifty -seventh. To regulate the construction, repairs and use of vaults, cisterns, areas, hydrants/ pumps, sewers and gutters. Fifty-eighth. To regulate places of amusement. Fifty -ninth. To prevent intoxication, fighting, quarreling, dog fights,, cock fights, and all disorderly conduct. Sixtieth. To regulate partition fences and party walls. Sixty first. To prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and construction of fire escapes therein. 24 Cities and Villages. Sixty-second. The city council, and the president and trustees in villages, for the purpose of guarding against the calamities offire ? shall have power to prescribe the limits within which wooden build- ings shall not be erected or placed or repaired, without permission., and to direct that all and any buildings within the fire limits, when the same shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent, of the value, shall be torn down or removed, and to prescribe the manner of ascertaining such damage. ' Sixty-third. To prevent the dangerous construction and condition of chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed or placed in a safe 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 engines,, 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, rosin, coal oil, benzine, turpentine, hemp, cotton, nitro- glycerine, petroleum, or any of the products thereof, and other com- bustible or explosive material, and the use of lights in stables, shops, and other places, and the building of bonfires ; also t6 regulate and restrain the use of fire-works, fire-crackers, torpedoes, Roman candles, sky-rockets and other pyrotechnic displays. Sixty-sixth. To regulate the police of the cityor village, and pas* and enforce all necessary police ordinances. Sixty -seventh. To provide for the inspection of steam boilers. Sixty-eighth. To prescribe the duties and powers of a superin- tendent of police, policemen and watchmen. Sixty-ninth. To establish and erect calabooses, bridewells, houses of correction and 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 appoint necessary keepers and assistants. Seventieth. To use the county jail for the confinement or punish- ment of offenders, subject to such conditions as are imposed by law, and with the consent of the county board. Seventy-first. To provide by ordinance in regard to the relation Cities and Villages. between all the officers and employees of the corporation in respect to each other, the corporation and the people. Seventy- second. To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or private place. Seventy-third. To prohibit and punish cruelty to animals. Seventy -fourth. To restrain and punish vagrants, mendicants and prostitutes. Seventy-fifth. To declare what shall be a nuisance, and to abate the same ; and to impose fines upon parties who may create, 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 medical dispensaries, and control and regulate the same. Seventy-eighth. To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. Seventy ninth. To establish and regulate cemeteries within or without the corporation, and acquire lands therefor, by purchase or otherwise, and cause cemeteries to be removed, and prohibit their establishment within one mile of the corporation. Eightieth. To regulate, restrain and prohibit the running at large of horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax on dogs. Eighty-first. To direct the location and regulate the management and construction of packing houses, renderies, tallow chandleries, bone factories, soap factories and tanneries, within the limits of the city or village, and within the distance of one mile without the city or village limits. Eighty second. To*direct the location and regulate the use and construction of breweries, distilleries, livery stables, blacksmith shops and founderies within the limits of the city or village. Eighty-third. To prohibit any offensive or unwholesome business or establishment within or within one mile of the limits of the corporation. Eighty -fourth. To compel the owner of any grocery, cellar, soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof. Eighty-fifth. The city council, or trustees of a village shall have power to provide for the taking of the city or village census; but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. Cities and Villages. 2 b Eiglity-sixth. To provide for the erection and care of all public buildings necessary for the use of the city or village. Eighty -seventh. To establish ferries, toll bridges, and license and regulate the same, and, from time to time, fix tolls thereon. Eighty -eighth. To organize the construction of mills, mill-races and feeders on, through or across the streets of the city or village, at such places and under such restrictions as they shall deem proper. Eighty-ninth. The city council shall have power, by condemna- tion or otherwise, to extend any street, alley or highway over or across, or to construct any sewer under or through any railroad track, right of way, or land of any railroad company ( within the corporate limits ) ; but where no compensation is made to such railroad company, the city shall restore such railroad track, right 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, dummy, electric, cable, horse or other railroad company, whether the same shall be incorporated under any general or special law of the state, now or hereafter in force, except upon the petition of the owners of the land representing more than one-half of the frontage of the street, or so much thereof as is sought to be used for railroad purposes, and when the street or part thereof sought to be used shall be more than one mile in extent, no petition of land owners shall be valid unless the same shall be signed by the owners of the land representing more than one-half of the frontage of each mile and of the fraction of a mile, if any, in excess of the whole miles, measuring from the initial point named in such petition, of such street or of the part thereof sought to be used for railroad purposes. Ninety-first. To tax, license and regulate ^auctioneers, distillers, brewers, iumber yards, livery stables, public scales, money changers and brokers. Ninety -second. To prevent and regulate the rolling of hoops, playing of ball, flying of kites, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams and horses. Ninety-third. To regulate and prohibit the keeping of any lumber yard, and the placing or piling or selling any lumber, timber, wood, or other combustible material^ within the fire limits of the city. Ninety -fourth. To provide, by ordinance, that all the paper, printing, stationery, blanks, fuel, and all the supplies needed for the use of the city, shall be furnished by contract, let to the lowest bidder. Cities and Villages. 27 Ninety-fifth. To tax, license and regulate second-hand and junk stores, and to forbid their purchasing or receiving from minors, without the written consent of their parants or guardians, any article whatsoever. Ninety-sixth. To pass all ordinances, rules, and make all regulations, proper or necessary, to carry into effect the powers granted to cities or villages, with such fines or penalties as the city council or board of trustees shall deem proper: Provided , no fine or penalty shall exceed $200 and no imprisonment shall exceed six months for one offense. [As amended by act approved and in force March 30, 1887.] 62a. Be it enacted by the People of the State of Illinois , represented in the General Assembly , That the city council in cities and the president and board of trustreesin villages and incorporated towns, shall have power to license, tax, regulate, suppress or prohibit itinerant merchants and transient vendors of merchandise. 63. Style of ordinances. §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, penalty, imprisonment or forfeiture, or making any appropriation, shall, within one month after they are passed, be published at least once in a newspaper published in the city or village, or, if no such newspaper is published therein, by posting copies of the same in three public places in the city or village ; 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 op 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 authority 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 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 ordinance of any city or village, shall be brought in the corporate name of the city or village as plaintiff* ; and no prosecution, recovery 28 Cities and Villages. or acquittal, for the violation of any such ordinance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate. 67. Fines and licenses — paid to treasurer. § 6. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance. 68 . Summons — affidavit — punishment. § 7. In all actions 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 before the proper officer to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail or the calaboose, city prison, work house, house of correction, or other place provided by the city or village for the incarceration of offenders, until such fine, penalty and cost shall be fully paid : Provided , that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees shall have power to provide, by ordinance, that every person so committed shall be required to work for the corporation, at such labor as his or her strength will permit, within or without such prison, work house, house of correction, or other place 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 justices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof. 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. Cities and Villages. -9 71. Jurisdiction oyer waters — street labor. § 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; and may, by ordinance, require every able-bodied male inhabitant, of such city or village, above the age of twenty- one years and under the age of fifty years, (excepting paupers, idiots, lunatics, and such others as are exempt by law,) to labor on the streets and alleys of such city or village, not more than three days in each year, but such ordinance shall provide for commutation of such labor at not more than one dollar and fifty cents per day. [As amended by act approved April 10, 1875.] ARTICLE VI. OFFICERS — THEIR POWERS AND DUTIES. Section. 1. Officers enumerated. 2. Other officers — duties of the city marshal. 3. Appointment — vacancies — duties — powers. 4. Oath — bond. 5. Commission — certificate — delivery to successor. 6. Qualifications of officers. 7. Officers not to be interested in contracts. 8. Bribery— penalty. 9. Mayor, etc., not to hold other office. 10. Duties of clerk. 11. Record of ordinances. • 12. Conservators of the peace — powers. 13. Compensation of mayor. 14. Compensation of aldermen, etc. 15. Compensation of other officers. 16. Administering oaths. 72. Officers enumerated. § 1. There shall be elected, in all cities organized under this act, the following officers, viz : a mayor, a city council, a city clerk, city attorney, and a city treasurer. 73. Other officers — duties of city marshal. §2. The city council may, In its discretion, from time to time, by ordinance passed by a vote of two-thirds of all the aldermen elected, provide for the election by the legal voters of the city, or the appointment by the mayor, with the approval of the city council, of a city 30 Cities and Villages. 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 observance 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 except the mayor and aldermen shall be filled by like appointment) by and with the advice and consent of the city council. The city council may, by ordinance not inconsistent with the provisions of this act, prescribe the duties and define the powers of all such officers, together with the term of any such office : Provided , the term shall not exceed two years. [See § 15-18-32.] 7 5 . Oath — bond. §4. All officers of any city or village, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability. Which oath or affirmation, so subscribed, shall be filed in the office of the clerk. And all such officers, except aldermen and trustees, shall, before entering upon the duties of their respective offices, 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, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city or village : Provided , however, that in no case shall the mayor’s bond be fixed at a less sum than three thousand dollars ($3,000); nor shall the treasurer’s Cities and Villages. 31 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, etc. § 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 certificate of appointment or election, under the seal of the corporation, to the clerk thereof, and any person having been an officer of the city or village, shall, within five days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession, belonging to the city or village, or appertaining to his said office; and upon his refusal to do so, shall be liable for all the damages caused thereby, and to such penalty as may by ordinance be prescribed. 77 . Qualifications 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 person be eligible to any office who is a defaulter to the corporation. 78 . Not to be interested in contracts, etc. § T. No officer shall be directly or indirectly interested in any contract, work or business of the city, or the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance ; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation. 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 fiction, or other property or anything of value, any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may by 32 Cities and Villages. law be brought before him in his official capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or 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 evidence before any grand jury or in any court in the same manner as other persons ; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. 80. 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. 81. Duties of clerk. § 10. The clerk shall keep the corporate seal, to he provided under the direction of the city council or board of trustees, and all papers belonging to the city or village; he shall attend all meetings of the city council or board of trustees, and keep a full record of its proceedings in the journal ; and copies of all papers duly filed in his office, and transcripts from the journals and other records and files of his office, certified by him under the 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 whatsoever. 83. Conservators of the peace — powers. § 12. The trustees in villages, the mayor, aldermen, and the marshal and his Cities and Villages. 33 deputies, policemen and watchmen, in cities, if any such be appointed, shall be conservators of the peace ; and all officers created conservators of the peace by this act, or authorized by any ordinance, shall have power to arrest, or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating auy ordinance of the city or village or any criminal law of the state, commit for examination, and if necessary, detain such persons in custody over night or Sunday in the watch house, or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers, as conservators of the peace, as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal warrants to whomsoever directed, may be served and executed within the corporate limits of any such city or village by auy policeman of such city or village ; such policemen being hereby clothed with all the common law and statutory power of constables for such purposes. [As amended by laws of 1883.] 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. 85. Compensation of aldermen, etc §14. The aldermen and trustees may receive such compensation for their services as shall be fixed bv 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, actually attended by him, and no other compensation than for attendance 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. 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 was elected or appointed ; and every such officer shall make and return to the mayor, or president of the board of trustees, a semi-annual report, verified by affidavit, of all such fees and emoluments received by him. 87. Administering oaths. § 16. The mayor of any city, and the clerk of any city or village, shall have power to administer oaths and affirmations upon all lawful occasions. 3 34 Cities and Villages. ARTICLE VII. OF FINANCE. Section. 1. Fiscal year. 2. Annual appropriation ordinance. 3. Limitation — emergency — borrowing money. 4. Contracting liabilities limited. CITY TREASURER. 5. His duties. 6. Funds kept separate. 7. Receipts. 8. Monthly statements — warrants — vouchers — register. 9. Deposit of funds — separate from his own. 10. Treasurer’s annual report — publication. 11. Warrants. 12. Special assessment fund kept separate. CITY COLLECTOR. 13. His duties. 14. He shall report, etc. — publication. 15. Not to detain money — penalty. 16. Examination of books — paying over. CITY COMPTROLLER. 17. His powers and duties. 18. Council may define duties — transfer of clerk’s financial duties. 19. Record of bonds issued by city. GENERAL PROVISIONS. 20. Further duties may be required of officers. 21. Appeal to finance committee. 22. Who may appoint subordinates — liability. 23. Foreign insurance companies — licenses, etc. — penalties. 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 maybe deemed necessary to defray all necessary expenses and liabilities of such corporation ; and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated Cities and Villages. 35 for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the proposi- tion to make each appropriation has been first sanctioned by a majority of the legal voters of such city or village, either by petition signed by them, or at a general or special election duly called therefor. 90. Limitation — emergency — borrowing money, etc. § 3. Neither the city council nor the board of trustees, nor any department or officer of the corporation, shall add to the corporation 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 expenditure 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 appropriation is made. The city council or board of trustees may, by a like vote, order the mayor or president of the board of trustees and finance committee to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improvements, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year — which sum, and the interest, shall be added to the amount 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 general tax levy of the next year, and embraced therein. 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 incurrred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or board of trustees or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided. 36 Cities and Villages. CITY TREASURER. 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. Funds kept separate. §6. 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 — warrants — vouchers, etc. § 8. The treasurer shall, at the end of each and every month, and oftener, if required, render an account to the city council or board of trustees, or such officer as may be designated by ordinance, (under oath), showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury, and on what account, together with all warrants redeemed and paid by him : which said warrants, with any and all vouchers held by him, shall be delivered to the clerks and filed with his said account in the clerk’s office, upon every day of such settlement. He shall return all warrants paid by him stamped or marked “ paid.” He shall keep a register of all warrants redeemed and paid, which shall describe such warrants, and show the date, amount, number, the fund from which paid, the name of the person to whom and when paid. 96. Deposit of funds — separate from his own. § 9. The treasurer may be required to keep all moneys in his hands, belonging 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, nor without a bond to be taken from such bank, in such penal sum and with such security as the city council or board of trustees shall direct and approve, sufficient to save the corporation from any loss ; but such penal sum shall not be less than the estimated receipts for the current year from taxes and special assessments levied, or to be levied, by the corporation. Cities and Villages. 37 The treasurer shall keep all moneys belonging to the corporation in his hands separate and distinct from his own moneys, and he is hereby expressly prohibited from using, either directly or 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 immediate removal from office by the city council or board of trustees, who are hereby authorized to declare said office vacant ; and in which case his successor shall be appointed, who shall hold his office for the remainder of the term unexpired of such officer so removed. 97. 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 yeaiyaud 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 treasurer must be signed by the mayor and countersigned by the clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable ; and no money shall be otherwise paid than upon such warrants so drawn, except as hereinafter provided. 99. Special ASSESSMENT fund 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. CITY COLLECTOR. 100. His duties. § 13. It shall be the duty of the collector, when one is appointed, to preserve all warrants Avhich 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 38 Cities and Villages. open to the inspection of and subject to the examination of the mayor, city clerk, any member of the council, or committee thereof. He shall weekly, or ofteuer if required by the council, pay over to the treasurer all moneys collected by him from any source whatever, taking such treasurer's receipt therefor, which receipt he shall immediately file with the city clerk ; but the city clerk shall, at the time, or on demand, give such tax collector a copy of any such receipt so filed. 101 . 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 connection with his office, when required by the council or by any ordinance of the city. He shall also, annually, between the first and tenth of April, file with the clerk a statement of all the 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.] 102 . Not to detain money— penalty. § 1 5. 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. 103 . Examination of books — paying oyer. § 16. All the city collector's papers, books, warrants and vouchers may be examined at any time by the mayor or clerk, or any member of the city conncil ; and the collector shall every two weeks, or oftener if the city council shall so direct, pay over all money collected by him from any person or persons, or associations, to the treasurer, taking his receipt therefor in duplicate, one of which receipts he shall at once file in the office of the clerk. 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 receipt, collection or Cities and Villages. 39 disbursement of corporation revenues, and the collection and return of all such revenues into the treasury. He shall have the charge, custody and control of all deeds, leases, warrants, vouchers, books and papers of any kind, the custody and control of which is not herein given to any other officers; and he shall, on or before the fifteenth day of May in each year, and before the annual appro- priations to be made by the city council or the board of trustees, submit to the city council or board of trustees a report of his estimates as nearly as may be, of moneys necessary to defray the expenses of the corporation during the current fiscal year. He shall, in said report, class the different objects and branches of expenditures, giving, as nearly as may be, the amount required for each ; and for the purpose of making such report, he is authorized to require •of all officers their statement of the condition and expenses of their respective officers or departments, with any proposed improve- ments and the probable expense thereof, all contracts made and unfinished, and the amount of any and all unexpended appropriations of the preceding year. He shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report he shall give such other information to the council or board of trustees as he may deem necessary, to the eud that the city council or board of trustees may fully understand the money exigencies and demands upon the corporation for the -current year. 105 . Council may define duties, etc. §18. When there shall be appointed in any city a comptroller, the city council may, by ordinance or resolution, confer upon him such powers, and provide for the performance of such duties by him, as the city council shall deem necessary and proper; and all the provisions of this act relating to the duties of 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 40 Cities and Villages. 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 annual report he shall describe, particularly, the bonds sold during the year, and the terms of sale, with each and every item of expense thereof. general provisions. 107 . Further duties may be required, etc. § 20. The collector 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 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, etc. § 22. The comptroller (if there shall be one), the clerk, treasurer and collector, shall, severally, appoint such various clerks and subordinates in their respective offices as the city council or board of trustees may authorize, and shall be held, severally, responsible for the fidelity of all persons so appointed by them. 110 . Foreign Insurance companies, etc. § 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 $100 of the net receipts by their agency in such city, and at that rate upon the amount of all premiums which, during the half year ending on every first day of July and January, shall have been received for any insurance effected or agreed to be effected in the city or village, by or with such corporations, companies or associations respectively. Every person who shall act in any city or village as agent, or otherwise, for or on behalf of any such corporation, company or association, shall, on or before the fifteenth day of July and January, in each year, render to the comptroller (if there be one, if not, to the clerk), a full, true and just account, Verified by his oath, of all Cities and Villages. 41 premiums which, during the half year ending on every first day of July and January preceding such report, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall specify in said account the amounts received for fire insurance. Such agents shall also pay over to the treasurer, at the time of rendering the aforesaid account, the amount of rates for which the company or companies represented by them are severally chargeable by virtue hereof. If such account be not rendered on or before the day hereinbefore designated for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in default to transact any business of insurance in any such city or village, until the said requisitions shall have been fully complied with ; but this provision shall not relieve any company from the payment of any risk that may be taken in violation hereof. Any person or persons violating any of the provisions of this section shall be subject to indictment, and upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not exceeding $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. Said rates may also be recovered of such corporation, 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. ARTICLE VIII. OF THE ASSESSMENT AND COLLECTION OF TAXES. Section. 1. Ordinance levying tax — limitation. 2. Manner of collecting. 3. Time of paying over. 4. When tax levied for particular purpose. 5. Tax to be uniform. 111. Ordinance levying tax — limitation. § 1 . The city council in cities, and board of trustees in villages, may levy and collect taxes for corporate purposes in the manner following: The city council or board of trustees as the cllse may be, shall, 42 Cities and Villages. annually, on or before the third (3d) Tuesday in September, 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 an ordinance, specifying in detail the purposes for which such appropriations are made, and the sum or amount appropriated for each purpose, respectively, levy the amount so ascertained upon all the property subject to taxation within the city or village, as the same is assessed and equalized for state and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk of the proper county, whose duty it shall be to ascertain the rate per cent, which, upon the total valuation of all property subject to taxation within the city or village, as the same is assessed and equalized for state and county purposes, will produce a net amount not less than the amount so directed to be levied ; and it shall be the duty of the county clerk to extend such tax, in a separate column, upon the book or books of the collector or collectors of state and county taxes within such city or village ; and where the corporate limits of any city or village shall lie partly in two or more counties, the city council or board of trustees, shall ascertain the total amount of all taxable property lying within the corporate limits of said city or village in each county, as the same is assessed and equalized for state and county purposes for the current year, and certify the amount of taxable property in each cdhnty within said city or village under the seal of said city or village, to the county clerk of the county where the seat of government of such city or village is situate, whose duty it shall be to ascertain the rate per cent, which upon the total valuation of all property subject to taxation within the city or village, ascertained as aforesaid, will produce a net amount not less than the amount so directed to be levied, and said clerk shall, as soon as said rate per cent, of taxation is ascertained, certify under his hand and seal of office to the county clerk of any other county wherein a portion of said city or village is situate, such rate per cent, and it shall be the duty of such county clerk to whom such rate per cent, is certified, to extend such tax in a separate column upon the book or books of the collector or collectors of the state and county taxes for such county against all property in his county within the limits of said city or village : Provided , the aggregate amount of taxes levied for any one (1) year, exclusive of the amount levied for the payment of bonded indebtedness or the interest thereon, shall not exceed the rate of two (2) per centum upon the aggregate valuation of all property within such city or village, subject to taxation therein, as the satire was equalized for state and county taxes of the preceding year. [As amended laws 1891.] Cities and Villages. 43 112 . 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 of 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 have been paid over. 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 for the payment of such particular debt, appropriation or liability, and shall not disburse the same for any other purpose until such debt, appropriation or liability shall have been discharged. 115. Tax to be uniform. § 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 may be exempt from taxation under the constitution and general laws of the state. 44 Cities and Villages. ARTICLE IX. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. Section. 1. Powers conferred. 2. Ordinance for improvement. 3. When property is to be taken. 4. Petition. 5. Form of petition. 6. Summons — publication — notice. 7. Hearing— jury. 8. Jury to ascertain compensation — admitting other parties. 9. Viewing premises— ownership, etc. 10. Judgment — new parties — further proceedings. 11. Powers of court. 12. Ownership — further powers of court. 13. Persons under disability. 14. Judgment — effect — appeal, etc. 15. Order for possession. 16. When improvement made by general tax. 17. Special taxation. SPECIAL ASSESSMENT. 18. How made. 19. Ordinance for — sidewalks — owner’s rights. 20. Estimate of cost. 21. Order for proceedings in court. 22. Petition to court. 23. Appointment of commissioners— oath. 24. Duty of commissioners. 25. Repealed. 26. Assessment roll — return of roll. 27. Notice by mail — posting and publication. 28. Proof of notice. 29. Continuance when notice not in time. 30. Objections — judgment by default. 31. Hearing— jury. 32. Precedence. 33. Court may modify, etc., the assessment. 34. Judgment several — appeal, etc. — lien. 35. Judgment certified to city clerk — filing — warrant. 36. Form of warrant. 37. Collector’s notice-form of. 38. Manner of collecting — entry of payment. 39. Report of delinquent list to county collector — evidence — defense. 40. Application for judgment — what laws govern. 41. Return of sales — redemption. 42. Penalty when lands paid are sold for tax, etc. 43. Paying over — compensation. 44. General revenue laws apply. 45. City or village may buy in. 46. When assessments set aside — new assessment. 47. Supplemental assessments. Cities and Villages. 45 48. New assessments against delinquents — lien — limitation. 49. Contracts payable from assessments. 50. How contracts let— approval. 51. Lien. 52. Collection of assessment by suit. 53. Supplemental petition to assess benefits in condemnation cases. 54. Adoption of this article. 55. May be divided into installments. 56. May be paid before maturity — interest. 57. When by installments — ordinance. 58. Assessment roll — what to contain. 59. Notice — what to contain. 60. Order of confirmation. 61. Warrant for collection. 62. Proceedings for judgment. 63. Payment for improvement — voucher. 64. Persons accepting vouchers. 65. Surplus remaining — notice. 66. Special assessment — when city may advance to pay damages. 67. When collected by installments. 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 taxation, or both, of contiguous property, or general taxation, or otherwise, as they shall by ordinance prescribe. 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 to be taken. § 3. Should said ordinance provide for improvements which require the taking or damaging of property, the proceeding for making just compensation therefor shall be as follows: 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 section of this act, or any other local improvement that such city or village is authorized to make, the making of which will require that private property be taken or damaged for public use, such city or village shall file a petition in some court of record of the county in which such city is situated, in the name of the city, praying that “ the just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordinance shall be ascertained by a jury.” 46 Cities and Villages. 120 . Form of petition. § 5. Such petition shall contain a copy of the said ordinance, certified by the clerk, under the corporate 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 or 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, etc. § 6. Upon the filing of the petitiou aforesaid, a summons, which may be made returnable upon any day in term time, shall be issued and served upon the persons made parties defendant, as in cases in chancery. And in case any of them are unknown, or reside out of this state, the clerk of the court, upon an affidavit being filed showiug 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 such proceeding; such publication to be made for four weeks consecutively, 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 permit, 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 of 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 compensation 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, etc. §8. Such jury shall also ascertain the just compensation to be paid to any person claiming an interest in any lot, parcel of land or property which may be taken or damaged by such improvement, whether or not such person’s name, or such lot, parcel of land, or other property, is mentioned or described in such petition : Provided , such person Cities and Villages. 47 shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in and description of the lot, parcel of land, or other property in respect to which he claims compensation. 124 . Viewing premises — ownership, etc. §9. The court may upon the 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 verdict as to the compensation or damage to be paid for the property or part of property to be taken or damaged, and for the entire interest therein. [As amended by act approved and in force March 30, 1874.] 12 5 . Judgment — new parties, etc. § 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 th§ 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 upon such occupants or owners being brought into court, shall impanel a jury to ascertain the compensa- tion so to be paid to such defendant or defendants, for private property taken or damaged ; and like proceedings shall be had for such purpose as hereinbefore provided for the ascertaining of compensation to other owners. 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 petition, to impanel a jury and ascertain the just compensation to be made for the property (or the damage thereto) which had been owned by the person or persons so ceasing to own the same; and the court may, upon auy 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 occasioned 48 Cities and Villages. by any doubt or contest which may arise as to the ownership of the property, or any part thereof, or as to the interests of the respective owners or claimants, but in such case the court may impanel a jury and ascertain the entire 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 interest in the compensation so ascertained. And the court may make such order as may be necessary in regard to the deposit or payment of such compensation. 128 Persons under disability. § 13. When it shall appear, from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, or insane or distracted person, is interested in any property that is to be taken or damaged, the court shall appoint a guardian, ad litem , for such infant or insane or distracted person, to appear and defend for him, her or them; and the court shall make such order or decree as it shall 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 any 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 payment of the amount of such finding as hereinafter provided. It shall be final and conclusive as to the damage caused by such improvement, unless such judgment or judgments shall be appealed from ; but no appeal or writ of error upon the same shall delay proceedings under said ordinance, if such city or village shall deposit, as directed by the court, the amount of the judgment 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. Cities and Villages. 49 131. When improvement made, etc. § 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 shad 1 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 general taxes of such city or village. 132. Special taxation. §17. When said ordinance under which said local improvement. shall be ordered shall provide that such improvement shall be'made by special taxation of contiguous property, the same shall be levied, assessed and collected in the way provided in the sections of this act providing for the mode of making, levying, assessing and collecting special assessments. SPECIAL ASSESSMENT. 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 proceedings for the making such special assessment shall be in accordance with the sections of this act [article] from 18 to 51, inclusive. 134. Ordinance for — sidewalks, etc. § 19. Whenever such local improvements are to be made wholly or in part by special assessment, the said council in cities, or board of trustees in villages, shall pass an ordinance to that effect, specifying therein the nature, character, locality and description of such improvement : Provided , that where the owners of a majority of the property in any block abutting on any street, alley, park, or public place, shall petition the common council in cities or board of trustees in villages, for any local improvements, it shall be the duty of said council or board of trustees to pass an ordinance for said improvement : Provided , that whenever any such ordinance shall provide only for the building or renewing of any sidewalk, the owner of any lot or piece of land fronting on such sidewalk shall be allowed fifteen days after the time at which such ordinance shall take effect in which to build or renew such sidewalk opposite his land, and thereby relieve the same from assessment: Provided , that the work so to be done shall in all respects conform to the requirements of such ordinance. [See § 62, iterii 7, and § 259-264.] 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 4 50 Cities and Villages. 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 petitiou to be filed by such officer as it shall direct, in the county court of its county, for proceedings to assess the cost of such 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 the proposed improvement and the report of such commission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. 138 . Appointment of commissioners — oath. § 23. Upon the filing of such petition the court shall appoint three competent persons as commissioners, who shall take and subscribe an oath, in substance as follows, to-wit : STATE OF ILLINOIS, County, J We, the undersigned, commissioners, appointed by the county court of -county, to assess the cost of- (here state in general terms the improvement), do solemnly swear (or affirm as the case may be), that we will a true and impartial assessment make of the cost of said improvement upon the city (or village) of and the property benefited by such improvement, to the best of our ability, and according to law. 139 . Duty of commissioners. § 24. It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made, and the lots, blocks, tracts and parcels of land that will be specially benefitted thereby, and to estimate what proportion of the total cost of such improvement will be of benefit to the public, and what proportion thereof will be of benefit to< the property to be benefitted, and apportion the same between the city or village and such property, so that each shall bear its relative equitable proportion ; and having found said amounts, to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefitted by such improvement : Provided , that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefitted : And, provided ,, Cities and Villages. 51 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 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 appear the names of the owners, so far as known, a description of each lot, block, tract or parcel of land, and the amount assessed as special benefits thereto, and in which they shall set down as against fhe 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, etc. § 27. It shall also be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing thereon will be had, in the following manner : First. They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice, substantially in the following form : Mr. : Your (here give a short description of the premises) is assessed $ for public improvement. The assessment roll will be returned to the term of the county court of county. ( Here give date.) Commissioners. Second. They shall cause at least ten days’ notice to be given, by posting notices in at least four public places in such city or village, two of which shall be in the neighborhood of such 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, or if no daily newspaper is published 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 at least once in each week for two successive 52 Cities and Villages. weeks in a newspayer published in the county in which such city or village is situated. The notice may be substantially as follows : SPECIAL ASSESSMENT NOTICE. Notice is hereby given to all persons interested, that the city council (or board of trustees as the case may be), of , having ordered that (here insert brief description of the nature of the improvement, the ordinance for the same being on file in the office of the clerk), have applied to the -court of county for an assessment of the cost of said improvements, according to benefits ; and an assessment thereof having been made and returned to said court, the final hearing thereon will be had at the term of said court, commencing on the day of A. D. i8 — . All persons desiring may then and there appear and make their defense. (Here give date.) : Commissioners. [As amended by act approved June 26, 1885.] 142 . Proof oe notice. §28. On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent or caused to be sent by mail, to the owners whose premises have been assessed, and whose name and place of business 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 notices. They shall also file a certificate of publication of said notice in like manner as is required in other cases of publication of notices. . [As amended by act approved April 25, 1873 ; in force July 1, 1873.] 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. 144 . Objections — 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 the time of filing such objections as may be made in cases at law in regard to the time of filing pleas. As to all Cities and Villages. 53 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 objector are assessed more or less than they will be benefitted, or more or less than their proportionate share of the cost of the improvement, the jury shall so find, and also find the amount for which such premises ought to be assessed, and judgment shall be rendered accordingly. 146. Precedence. § 32. The hearing in all cases arising under this act shall have precedence over all other cases in such court, except criminal cases. 147. Court may modify, etc. § 33. The court before which any such proceeding may be pending, shall have authority, at qnv time before final adjournment [judgment], to modify, alter, change, annul or confirm any assessment returned, as aforesaid, or cause any such assessment to be recast by the same commissioners whenever it shall be necessary for the attainment of justice, or may appoint other commissioners in the place of all or any of the commissioners first appointed, for the purpose of making such assessment, or modifying, altering, changing or recasting the same, and may take all such 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 Tor that purpose as to the whole or any part of the premises. 148. Judgment several — appeal, etc. § 34. The judg- ment 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 judgment, except as to the property concerning which the appeal or writ of error is taken. Such judgment shall be a lien upon the property assessed, from the date thereof until payment shall be made. 149. Ju DGMENT CERTIFIED TO CITY CLERK FILING WAR- RANT. § 35. The clerk of the court in which such judgment is rendered, shall certify the assessment roll and judgment to the 54 Cities and Villages. officer of such city or village authorized to collect such special assessments, 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 and such certificate shall be filed in his office by the officer receiving the same. With such assessment roll and judgment the clerk of such court shall also issue a warrant for the collection of such assessment. [As amended by act approved June 26, 1885.] 150 . Form of w arrant. § 36. The warrant in all cases of assessment under this act shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts or parcels of land assessed, and the respective amounts asesssed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized to collect such special assessments. Such warrant shall give sufficient authority to collect the assessments therein specified. 151 . Collector’s 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 newspaper, then by posting four copies thereof in public places along the line of the proposed improvement. Such notices may be substantially in the following form : SPECIAL ASSESSMENT NOTICE — SPECIAL WARRANT NO. — Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment upon property benefitted 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 my office; that a warrant for the collection of such assessments is in the hands of the undersigned. All persons interested are hereby notified to call and pay the amounts assessed, at the collector’s office, (here insert location of office) within thirty days from the date hereof. Dated this day of , A. D. 18--. Collector. [As amended by act approved June 26, 1885.] 152 . Manner of collecting, etc. §38. It shall be the duty of the collector into whose hands the warrant shall so come, as far as practicable, to call upon all persons resident within the corporation whose names appear on the assessment roll, or the occupants of the property assessed, and personally, or by written or printed notice left at his or her usual place of abode, inform Cities and Villages. 55 them of such assessment, and request payment of the same. Any such collector omitting so to do shall be liable to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and obtain judgment for any such special [assessment,] shall not be affected by such omission. It shall be the duty of such collector to write the word “paid” opposite each tract or lot on which the assessment is paid, together with the name and post office address of the person making the payment, and date of payment. 153 . Report of delinquent list, etc. § 39. It shall be the duty of the collector 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 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 authority of the city of (or village of , as the case may be), remain due and unpaid ; that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. Said report, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due and unpaid. And, upon the application for judgment upon such assessment, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assessment, or the appli- cation for the confirmation thereof. 154 . Application for judgment, etc. §40. When said general officer shall receive the report provided for in the preceding section, he shall proceed to obtain judgment against said lots, parcels.'of land and property for said special assessments remaining due and unpaid, at the same time and in the same manner 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 assessments 56 Cities and Villages. remaining due and unpaid. In obtaining said judgment and making- said sale, the said officers shall be governed by the general revenue laws of this state, except when otherwise provided herein. No- application for judgment against lands for unpaid special assessments shall be made at a time different from the annual application for judgment against lands, upon which general taxes remain due and unpaid. The application for judgment upon delinquent special assessments in each year, shall include only such special assessments as shall have been returned as delinquent to the county collector, on or before the first day of April, in the year in which such application is made. [As amended by laws of 1883.] 155. Return of sales — redemption. § 41. After making said sales, the list of lots, parcels of land and property sold thereat shall be returned to the office of the county clerk, and redemption may be made as provided for by the general revenue law of this state. 156. Penalty when lands are sold for taxes, etc. § 42. If the collector shall receive any moneys for taxes or assess- ments, giving a receipt therefor for any land or parcel of land, and afterwards return the same as unpaid to the state officers authorized to sell lands for taxes, or shall receive the same after making such return, and the same be sold for tax or assessment which has been so paid and receipted for by himself or his clerks, he and his bond shall be liable to the holder of the certificate given to the purchasers at the sale, for double the amount of the face of the certificate, to be demanded in two years from the date of the sale, and recovered in any court having jurisdiction of the amount ; and the city or village shall, in no case, be liable to the holder of such certificate. 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 assessment 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 Cities and Villages. 57 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. 159 . City or village may buy in. § 45. Any city or village interested in the collection of any tax or special assessment, may become a purchaser at any sale of real or personal property to enforce the collection of the same, and may, by ordinance, authorize and make it the duty of one or more city or village officers to attend such sales, and bid thereat in behalf of the corporation. 160 . When assessments set aside, etc. § 46. If any assessment shall be annulled by the city council or board of trustees, or set aside by any court, a new assessment may be made and returned, and like notice given and proceedings had, as herein required in relation to the first ; and all parties in interest shall have the like rights, and the city council or board of trusteees and court shall perform like duties and have like power in relation to any subsequent assessment, as are hereby given in relation to the first assessment. 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 improvement. If too large a sum shall, at any time, be raised, the excess shall be refunded ratably to those by whom it was paid. 162 . New assessments against delinquents, etc. § 48. If, from any cause, any city or village shall fail to collect the whole or any portion of any special assessment which may be levied, which shall not be cancelled and set aside by the order of any court, for any public improvement authorized to be made and paid for by special assessment, the city council or board of trustees may, at any time within five years after the confirmation of the original assess- ment, direct a new assessment to be made upon the delinquent property for the amount of such deficiency, and interest thereon from the date of such original assessment — which assessment? shall be made, as near as may be, in the same manner as is herein prescribed for the first assessment. In all cases where partial payment shall have been made on such former assessment, they shall be credited or allowed on the new 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, 58 Cities and Villages. 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 property may have changed hands, or been encumbered, subsequent to the date of the original assessment, it being the true intent and meaning of this section to make the cost and expense of all public improvements, to be paid for by a special assessment, a charge upon the property assessed therefor, for the full period of five years, from the confirmation of the original assessment, and for such longer period as may be required to collect, in due course of lawj any new assessment ordered within that period. 163. Contracts payable from assessments. § 49. 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 collections of the special assessments made for the work contracted for. 164. How contracts let — approval. §50. Ail contracts for the making of any public improvement, to be paid for in whole or in part by a special assessment, and any work or other public improvement, when the expense thereof shall exceed $500, shall be let to the lowest responsible bidder, in the manner to be prescribed by ordinance— such contracts to be approved by the mayor or president of the board of trustees : Provided , however, any such contract may be entered into by the proper officer without adver- tising for bids, and without such approval, by a vote of two-thirds of all the aldermen or trustees elected. 165. I men. § 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 imposed, 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 collection of special assess- ments, as in the case of the collection of state and county taxes under the general laws of the state. 166. Collection of assessment 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 Cities and Villages. 59 by petition, and shall state the several amounts of the special assessments sought to be recovered and give a general description of the warrant or warrants issued for the collection thereof. Upon the filing of the petition a 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 assessment ; and if, upon the return of such scire facias, good cause is not shown why execution should not issue, the court may award execution against such person or persons in the usual form of execution upon judgments at law. 167 . Supplemental petition to assess, etc. § 53. Whenever any city or village shall apply to any court for the purpose of making just compensation for property taken or damaged by such proceedings as are authorized by this act, such city or village may file in the same proceedings 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 power, at any time after any 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 costs of making and collecting such assessment, and shall direct such cost to be included by such commissioners in making said assessment. Like proceedings in making said assessment shall be had, and the assessment shall be made, collected and enforced in the same manner, as near as may be, as is provided in this article in other cases : 60 Cities and Villages. Provided , however, in all proceedings heretofore commenced, where the property has not been fully paid for, or that shall hereafter be commenced, said city or village shall take and pay for the lands sought to be taken or damaged within two years of the entry of judgment in such condemnation proceedings. And after the expiration of such time the court, in which the proceedings may have been had, upon a motion of any person interested in the lands, may enquire in a summary manner whether the lands in which such person is interested have been taken or damaged and paid for; and if the court finds that such lands have not been taken or damaged and not been paid for, it shall enter an order requiring the city or village to pay for such lands within a short day to be fixed by the court ; and in default thereof shall dismiss such proceedings as far as they relate to lands of such person. If however, the court finds that such city or village has taken possession of the lands and has not paid therefor, it shall enter an order requiring such city or village to pay the amount of the condemnation judgment with interest from the time of such taking within a short day to be fixed by the court ; and, in default thereof to dismiss the proceedings and enter a several judgment in favor of such land owners for interest from the day of such taking and direct the issue of a writ of possession in favor ,of the several owners or their legal representatives or grantees respectively. And such dismissal, as aforesaid, shall operate as a bar to further proceedings under such ordinance against the land affected by such dismissal, and every such cause shall be considered as pending in the court in which the same has been or shall be commenced until all the lands sought to be taken are paid for, or until the proceedings are dismissed where the lands have not been taken. [As amended by act approved June 18, 1891.] 168. Adoption of this article. § 54. Any city or incor- porated town or village may, if it shall so determine by ordinance, 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 the proceedings in this article provided for, and have the benefit of all the provisions hereto. 168a. May be divided into installments — payment of interest. § 55. That the amount of any special assesssment for any local improvement in any city, incorporated town or village, may be divided into installments, when so provided for by the ordinance providing for the said improvement, the first of which shall not exceed the sum of twenty-five per cent, of the total of said assessment, and which shall be due and payable from and after Cities and Villages. 61 confirmation of said assessment. The remaining portion of said assessment, after deducting the said first installment, shall be divided into four equal annual installments, which said installments shall be payable annually thereafter, and collected in the same manner that other assessments are now collected and the annual interest herein provided for on all of said installments which may at any time remain unpaid, shall also be payable annually thereafter and collected in the same manner that other assessments are now collected. Each of said four last named installments shall bear interest at the rate of six per cent, pet annum, payable in each year, from and after the first day of July next succeeding the confirmation of said assessment, when such confirmation shall be had between the first day of November and the first day of March ; and when such confirmation is had between the first day of March and the first day of July, then each of the said four last named installments shall bear interest at the rate of six per cent, per annum in each year, from and after the first day of October next succeeding such confirmation of assessment ; and when such confirmation is had between the first day of July and the first day of November, then each of said last four named installments shall bear interest at the rate of six per cent, per annum, from and after the first day of January next succeeding such confirmation of assessment. Such interest shall be payable in each year at the time when the install- ments are payable : Provided , that in cities containing a population of fifty thousand or more, this and the following sections shall not apply except in cases where any such special assessments shall exceed in aggregate the sum of fifteen thousand dollars. [As amended by act approved June 15, 1891.] 168b. May be paid before maturity — interest. § 56. That any installment or installments which may be assessed against any tract, lot, block or piece of land may be paid at any time before maturity, in which case interest shall be charged only to the time of payment, and upon such payment the property for which said payment is made shall be discharged from the lien to the extent of such payment. [Added by act approved and in force April 29, 1887.] 168c. When by installment — ordinance. § 57. When- ever any city, incorporated town or village desires to make the collection- of any special assessment as aforesaid, by installments under the provisions of this act, the ordinance providing for said improvement shall also state that the same shall be collected by installments, and fix the amount of the first installment. [Added by act approved and in force April 29, 1887.] 62 Cities and Villages. 168d. Assessment roll — what to contain. §58. Upon the assessment roll to be returned by the commissioners shall be designated, in appropriate columns, first the amount of each installment; second, the total amount of the assessment, which said items shall be carried out and set opposite each tract, lot or piece of property so assessed. [Added by act approved and in force April 29, 1887.] 168e. Notice — what to contain. §59. The notice to be given by the collector as now provided for by law when the assess- ment is under the provisions of this act, in addition to what is now required, shall contain the amount of each installment, the rate of interest deferred installments bear, the date of payment and that the whole of said assessment, or any installment thereof, may be paid at any time at the option of the owner or owners of said lot, block, piece or tract. [Added by act approved and in force April 29, 1887.] 168f. Order of confirmation. § 60. The order of confirmation that shall be entered upon the return of any such assessment roll shall apply to all of the installments thereof and may be entered in one order. [Added by act appioved and in force April 29, 1887.] 168g. Warrant for collection. § 61. The warrant for collection of any such special assessment to be made hereunder shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts or parcels of land assessed and the respective amounts assessed upon each lot, tract, piece or parcel of land and the year in which each installment is payable. [Added by act approved and in force April 29, 1887.] 168h. Proceedings for judgment §62. Proceedings for judgment and sale against lots, tracts, pieces and parcels of land for which the assessments have not been paid shall be had in the same manner as now provided upon each installment in the respective years in which they become due and payable, and the laws now in force in so far as they are applicable shall apply. [Added by act approved and in force April 29, 1887.] 1 68i. Payment for improvement done — voucher. 1 § 63. Payment for any improvement done or performed under the provisions of this act shall be made in the following manner : From the amount of the first payment when it shall be collected shall first be paid all the costs of making the said assessment, including court costs. The remainder of said payment shall then be paid to Cities and Villages. 6a the person or persons entitled thereto on the contract for said work. The amount remaining due upon such contract for said improvement shall then be divided into four equal parts, and the authorities of an)" city, incorporated town or village shall issue a voucher to the person or persons entitled thereto for each part, payable in the same order and manner that the installments are payable, and said vouchers shall bear the same rate of interest per annum that the said installments bear, which interest shall be paid on the first day of July, October or January, annually after their date, according to the date, of the comfirmation of the respective assessments, to the person holding such voucher. Said vouchers shall be made payable to the order of the person or persons entitled thereto, and state the improvement and installments for which they are issued. They shall also contain the following : In consideration of the issuing of this voucher, I hereby for sel heirs, executors, administrators and assigns accept the same in full payment of the amount herein stated, and relinquish any and all claims and liens I have against the (city, incorporated town or village) of for the work mentioned herein, or for the payment of this voucher, except from the collection of the installment herein named. ( Signature of person receiving the same.) [As amended by act approved June 15, 1891.] 168j. Person accepting vouchers. § 64. Any person or persons accepting the vouchers, as provided herein, for work done or performed upon any local or public improvements shall have no claim or lien upon the city, incorporated town or village in any event for the payment of said vouchers or the interest, except from the collection of the installments for which said vouchers are issued, and provided, that this section shall apply to all holders of any of such vouchers, whether the original contractor or their assigns. [Added by act approved and in force April 29, 1887.] 168k. Surplus remaining — notice. § 65. If upon the payment of the money and issuance of the vouchers, as provided for in the last section hereof, there shall be any surplus remaining of said special assessment over and above the payment aforesaid, it shall be the duty of the proper authorities of said city, incorporated town or village to at once cause the respective installments to be credited' with their respective proportion of said surplus, and in case any person or persons have, before said credit has beeu entered, paid his assessment or any part thereof without having received the benefit of said credit, the proper authorities shall at 64 Cities and Villages. once cause notice of such over-payment to be sent by mail to the person by whom such over-payment was made, and upon proper proofs* the same shall be repaid. [Added by act approved and in force April 29, 1887.] 1681. Special assessment — when city may advance to pay damages. § 66. In case said special assessment shall be made for the purpose of paying the compensation awarded for the taking or damaging of private property for public use, payments may be made as provided herein, in f the construction of said sidewalk, according to the rule fixed for the levy of such special tax by said ordinance, which special tax list shall be filed in the office of said clerk; and said clerk shall thereupon issue warrants directed to such officer as may be designated in such ordinance, for the collection of the amount of special tax so ascertained and appearing from said special tax list to be due from the respective owners of the lots or parcels of land touching upon the line of said walk; and such officer shall proceed to collect such warrants iu the^ame manner as constables are authorized to collect executions, and make return thereof, together with the moneys collected, to the clerk of such city, town or village, within sixty days from the date of their issue ; and in case any such warrant shall be returned, as to the whole or any part thereof, “no property found,” other warrants may issue, aud proceeding by garnishment may be resorted to as in case of garnishment in aid of collection of judgments at law, and all moneys so collected and paid over to said clerk, shall be, by him, immediately paid over to the treasurer of said city, town or village. 262. Special tax — duty of clerk, etc. § 4. Upon the failure to collect such special tax as heretofore provided in this act, it shall be the duty of said clerk, within such time as said ordinance may provide, to make report of all such special tax, in writing, to such general officer of the county as may be authorized by law to apply for judgment against, and sell lands for taxes due the county or state, of all the lots or parcels of land upon which such special tax shall be so unpaid, with the names of the respective owners thereof, so far as the same are known to said clerk, and the amount due and unpaid upon each tract, together with a copy of the 84 Cities and Villages. ordinance ordering the construction of said sidewalk, which report shall be accompanied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost (as the case may be) of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said report when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making such return have been complied with, and that the special tax as mentioned in said report, is due and unpaid. 263, General officer to obtain judgment, etc. § 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid the county and state, and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided herein, and said general laws shall also be applicable to the execution of certificates of sale^and deeds thereon, and the force and effect of such sales and deeds; and all other laws in relation to the enforcement and collection of taxes, and redemption from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided. 264. When constructed by owner, etc. § 6 . Whenever payment of the costs of any such sidewalk is required to be made in part by special tax, and in part out of the general fund of such city, town or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordinance providing for its construction, such owner shall file with the clerk of such city, town or village, an itemized statement of the cost of such sidewalk so constructed by him, verified by affidavit, together with a certificate of the officer or board directed by such ordinance to superintend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town or village shall thereupon, at its first meeting thereafter, allow and order to be issued to such owner an order on the treasurer of such city, town or village, for the cost of the construction of such sidewalk, less the Cities and Villages. 85 amount of special tax chargeable to the lot or parcel of laud of such owner on the line of which such sidewalk has been so constructed. [Approved April 15, 1875.] ELECTIONS. AN ACT to provide for the time of opening and closing the polls during elections of cities, towns and villages in this state. Approved May 29, 1879; in force July 1, 1879. 265 . Time of opening and closing polls. § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That in all city, town or village elections, in this State, the polls shall remain open from eight (8) o’clock a. m., until seven (7) o’clock p. m., any law in any special charter to the contrary notwithstanding. PUNISHMENT OF PERSONS VIOLATING ORDINANCES. AN ACT to provide for the punishment of persons violating any of the ordinances of the several cities and villages in this state. Approved and in force April 12, 1879. Section. 1. Arrest— imprisonment — work-house. 2. Repeal. 267 . Arrest — imprisonment, etc. § 1 . Beit enacted by the People of the State of Illinois , represented in the General Assembly , That in all actions for the violation of any ordinance of any city or village organized under any general or special law of this state, the first process shall be a summons : Provided , however , that a warrant for the arrest of the 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 that the party charged is guilty thereof; and any person arrested upon such warrant, shall, without unnecessary delay, be taken before the proper officer, to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court or magistrate before whom the conviction Is had, be committed to the county jail or the calaboose, city prison, work-house, house of correction, or other place provided by such cities or villages by ordinance for the incarceration of such offenders until such fine, penalty, and cost 86 Cities and Villages. shall be fully paid : Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees of any such cities or villages shall have power to provide by ordinance that every person so committed shall be required to work at such labor as his or her strength will permit, within and without such prison, work-house, house of correction or other place provided for the incarceration of such offenders, not to exceed ten hours each working day ; and for such work the person so employed, or worked, shall be allowed, exclusive of his or her board, the sum of fifty cents for each day’s work on account of such fine and costs. 268 . Repeal. § 2. All acts and parts of acts inconsistent with the foregoing section are hereby repealed. SUITS— HOW BROUGHT. AN ACT entitled “An act in regard to suits by incorporated cities and villages, and to enforce penalties and recover fines for violating the ordinances thereof.” Approved May 31, 1879; in force July 1, 1879. 270 . Suits — how brought, etc. § 1 .Be it eneeted by the People of the State of Illinois, represented in the General Assembly , That all actions to recover any fine, or to enforce any penalty, under any ordinance of any city or village in this state, shall be brought in the corporate name of the city or village, as plaintiff, and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same party, for any other violation of any such ordinance, athough the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate. TO AUTHORIZE CITIES TO CONSTRUCT AND REPAIR DRAINS, ETC. AN ACT to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes and pumping works for drainage purposes by special assessment upon the property benefitted thereby. Approved June 22, 1885. Cities and villages empowered to construct drains, etc. § 1 . Be it ordained by the People of the State of Illinois, represented in the General Assembly, That the corporate authorities of cities and villages are hereby vested with power to construct drains, ditches levees and dykes, to erect pumping works, and to acquire the necessary land and machinery for such purposes and otherwise to ClTIKS AND Vi LLAGES. 87 provide for draining any portion of the lands within their eorporate limits, by special assessment upon the property benefitted thereby. Drainage improvements by special assessments. § 2. That the corporate authorities of cities and villages are hereby vested with the power to maintain and keep in repair such drains, ditches, levees, dykes, pumping works and machinery and such drainage improvement by special assessment upon the property benefitted thereby : Provided , that no lot, block, tract or parcel of land shall be assessed more than once in any one year for such maintenance and repair. Proceedings in. § 3. All the proceedings for the making of the improvements in this act mentioned, and for the maintenance and repair thereof, and for the levy and collection of the special assessments to defray the cost of the same, shall be in accordance with the provisions of article nine of the general act for the incorporation of cities and villages approved April 10, 1872. TO AUTHORIZE CITIES AND VILLAGES TO CONVEY REAL OR PERSONAL ESTATE NOT NECESSARY, ETC. AN ACT to authorize cities and villages to convey any real or personal estate, or their right and title therein, when the same shall be no longer necessary for, or profitable to, or its longer retention be for the best interests of such city or village. Approved March 22, 1889. City council or board of trustees may pass ordinance to SELL REAL or PERSONAL ESTATE NO LONGER NECESSARY. §1. Be it enacted by the People of the State of Illinois , represented in ‘the Gen- eral Assembly, That any city or village incorporated under any gen- eral or special law of this state, which shall have acquired or hold any eral or personal estate, for any purpose whatsoever, is hereby author- ized and empowered by ordinance passed by three-fourths of the members of the city council of any such city, or the board of trustees of any such village, at any regular or-any special meeting called for such purpose, to sell such property, when the same shall, in the opinion of such majority of such city council or board of trustees, be no longer necessary, appropriate or required for the use of such city or village, or profitable to, or its longer retention be for the best interests of such city or village. What ordinance shall specify — notice of sale — opening of bids, etc. § 2. Such ordinance shall specify the location of such real or personal estate and the use thereof, of whatever kind the same 88 Cities and Villages. may be, and before any sale shall be made, under or by virtue of any such ordinance, by the city council of any such city, or the board of trustees of any such village, such ordinance and the. proposal to sell shall be published in one of its daily or weekly papers for a period of not less than sixty days, and if no paper be published in such city or village, then it shall be published in some paper of general circulation in this state nearest to such city or village; such notice shall contain an accurate description of such property, the purpose for which it is used, and at what meeting the bids will be considered and opened, and shall advertise for sixty days for bids therefor; all such bids shall be opened only at a regular meeting of such city council or board of trustees, and shall be accepted only upon a vote of three-fourths of the members of such city council or board of trustees : Provided, however, That the city council or board of trustees may, by a majority vote, reject any and all bids. By whom and when conveyance to be made. § 3. Upon any bid having been accepted, and the purchase price duly paid or secured, the mayor and city clerk, or the president of the board of trustees and the clerk of such board, shall have the power to convey such real or personal estate and transfer the same to such party or parties whose bids have been accepted, by proper deed or deeds of conveyance, stating therein the price therefor, with the seal of the corporation. PLEASURE DRIVEWAYS IN INCORPORATED CITIES, VILLAGES AND TOWNS. AN ACT to provide for pleasure driveways in incorporated cities, villages and towns. Approved and in force March 27, 1889. Pleasure driveways — how established. §1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That the city council in cities, the president and the board of trustees in villages, or the board of trustees in incorporated towns, whether incorporated under the general law or special charter, shall have the power to designate by ordinance the whole or any part of not to exceed two streets, roads, avenues, boulevards or highways, under their jurisdiction, as a public driveway, to be used for pleasure driving only, and to improve and maintain the same, and also to lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve and maintain not more than two roads, streets or avenues, and designate the same as pleasure driveways, to be used for pleasure driving only : Provided, said powers shall only be exercised when Cities and Villages. 89 said corporate authorities are petitioned thereto by the owners of more than two-thirds of the frontage of land fronting upon said proposed pleasure driveway. May be laid out under article 9. § 2. Said pleasure driveways may, be laid out, extended and improved under the provisions of article 9 of an act to provide for the incorporation of cities and villages, approved April 10, 1872, in force July 1, 1872, and any and all amendments thereto. Power of corporate authorities to regulate, etc. § 3. Said corporate authorities may, by ordinance, regulate, restrain and ■control the speed of travel upon said pleasure drives, and prescribe the kind of vehicles that shall be allowed upon the same, and in all things may regulate, restrain and control the use of said pleasure driveways by the public or individuals, and may exclude therefrom funeral processions, hearses and traffic teams and vehicles, so as to free the same from any or all business traffic or objectionable travel, and make the same a pleasure driveway for pleasure driving only, and may prescribe in such ordinances, such lines or penalties for the violation thereof as they are allowed by law to prescribe for the violation of other ordinances. Emergency. § 4. Whereas, certain municipalities are about establishing such pleasure driveways or boulevards, and doubts exist as to their powers so to do ; therefore an emergency exists for the passage of this act, and the same shall take effect and be in force from and after its passage.. STEAM BOILER EXPLOSIONS. AN ACT to insure the better protection of life and property from steam boiler explosions. Approved June 3, 1889. In force July 1, 1889. Persons in charge of steam boilers — license — penalty. § 1 .Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the city council in cities, and the presi- dent and board of trustees in towns and villages, shall have power to adopt ordinances within their respective limits to provide for the examination, licensing and regulation of persons 0 having charge of steam boilers under steam pressure, exhausting through an engine, to fix the amount, terms and manner of issuing and revoking licenses to such persons ; to provide that it shall not be lawful for any person to exercise, within the limits of the respective cities, towns and villages which may adopt such ordinances, the business of oper- 90 Cities and Villages. ating steam boilers, under steam pressure, exhausting through an engine, without a license; ai^d to provide that any person violating the provisions of such ordinances shall be liable to a penalty for each breach thereof. Board to examine — license, etc. § 2. To require that all persons engaged in such occupation within the jurisdiction of such towns, cities and villages so adopting such ordinances, shall submit to an examination by a competent board of examiners, to be appointed by such councils and boards of trustees, touching their competency and qualifications in regard to such vocations, with power to such board of examiners to license such persons as may be found capable and trustworthy in that behalf. TO PREVENT ANIMALS RUNNING AT LARGE IN CITIES, ETC. AN ACT to prevent animals from running at large within the corporate limits of incorporated cities, villages and towns. Approved June i6, 1891. In force July 1, 1891. Not allowed to run at large within corporate limits, etc. § 1 . Be it enacted by the People of the State of Illinois , repre- sented in the General Assembly, That domestic animals of the species of horse, mule, ass, cattle, sheep, goat -or swine, shall not be allowed to run at large within the corporate limits of any incorporated city, village or town in this state, any law or ordinance to the contrary notwithstanding. Penalty. § 2. Any owner of any such domestic animal, who shall suffer or allow the same *to run at large in any incorporated city, village or town within this state, shall be fined in any sum of not less than one dollar, nor more than ten dollars for each and every animal so suffered or allowed to run at large, which fine may be recovered before any justice of the peace of the county. Restraint of animal — damage. § 3. Whenever any such domestic animal shall be found running at large contrary to the provisions of this act, the same may be restrained by any resident of the incorporate^ city, village or town in which the same is found running at large until the fine and costs are paid, and also all damage done by any such domestic animal so running at large, to the prop- erty of the person restraining. Note: Only such parts of the statutes are included in this revision as are appplicable to the City of Danville at the present time. ORDINANCES OF THE City of Danville. ' * An Ordinance FOR REVISING AND CONSOLIDATING THE GENERAL ORDINANCES OF THE CITY OF DANVILLE. Whereas, It is expedient that the general ordinances of this city should be consolidated and arranged in appropriate chapters and sections, and that an index to the whole should be made ; therefore, Be it ordained by the City Council of the City of Danville in manner following — that is to say : CHAPTER I. ADDITIONS, MAPS AND PLATS. Section. 1. Additions to correspond with streets. 2. Plats must be submitted to council. 3. Penalty for recording plat before approval, etc. 4. Penalty for selling lots, etc. 5. Certificate of approval. Additions must correspond with established streets. § 1. Any addition which may hereafter be made to the city of Dan- ville, or any lands adjoining or within the same, which may be laid out into lots or blocks, shall be so laid out, surveyed and platted, that tlie blocks or other subdivisions thereof shall conform to the regular blocks of the original town plat, or with the regular blocks of the additions adjoining such lands or additions so proposed to be laid out, and the streets and alleys shall correspond with, and conform to the' previously established streets and alleys with which they may connect, and continue the same. Plats must be submitted to city council. § 2. Any person who shall survey or plat any addition to the city of Danville, or any 94 Ordinances of the lands adjoining or within the same, into lots, blocks, or other subdi- visions, or shall re-subdivide any block, lot, sub-lot, out-lot, or part thereof, within said city, shall submit the map, plat or subdivision thereof to the city council for its approval ; and no such map, plat or subdivision shall be valid, or be admitted to record in the office of the recorder of deeds in and for Vermilion county, until the same has been so submitted, and approved by the city council. Penalty for recording. § 3. Any person who shall, as owner of the land so surveyed or platted, or as the agent of any such owner, cause to be recorded in the recorder’s office of Vermilion county, any such map, plat or subdivision mentioned in section 2, without having the same submitted to and approved by the said city council, before filing the same in said recorder’s office for record, shall be fined not less than twenty-five dollars, nor more than one hundred dollars. Penalty for selling lots, etc. § 4. Any person who, as owner of the land so surveyed or platted, or as the agent of any such owner, shall sell, or offer for sale any lot, block, subdivision, or part thereof, in any such addition, division or subdivision of lands as mentioned in section 2 hereof, before the map, plat or subdivision thereof has been approved by said city council, shall be fined not less than twenty-five dollars, nor more than one hundred dollars for each offense. Certificate of approval. § 5. If the city council approve any map or plat of any addition, or subdivision submitted to it, as herein provided, a certificate of such approval shall be endorsed upon said map or plat, signed by the mayor and attested by the' city clerk. City of Danville. 95 CHAPTER II. AMUSEMENTS. Section. 1. Classification of amusements. 2. License for required. 3. Licenses and fees. 4. Class and fee decided by mayor. 5. License subject to ordinances. 6. Entertainments where liqnors are sold. 7. Proprietors of H-ills to see that license is obtained. 8. Chairs, etc., in aisles forbidden. 9. Persons loitering in hallways or on sidewalks forbidden. 10. Minors forbidden at shows where liquors sold. 11. Indecent plays. 12. Good order to be maintained. 13. Disorderly conduct. 14. Processions on street forbidden — When. 15. Shooting galleries. 16. Rate of license. 17. Target shooting in uninclosed places forbidden. 18. Shooting firearms. 19. Lung-testers, galvanic batteries, etc. Classification of Amusements. § 1 . For the purpose of providing for the licensing and taxation of theatricals, shows, amuse- ments, and all public exhibitions ‘ for gain, the same are hereby divided into three classes, which shall be known as first, second and third class, viz : First. Entertainments of a regular dramatic or operatic character, and negro minstrels, given in theaters or opera houses, shall be known as entertainments of the first class. Second. Concerts, or other musical entertainments, public readings, exhibitions of paintings or statuary, panoramas, performance of feats of jugglery, sleight-of-hand, or necromancy, exhibitions of natural or artificial curiosities, variety shows, and other entertainments of every kind not mentioned in this section, which may be given in theatres, opera houses or public halls, shall be known as entertainments of the second class. Third. Circuses, menageries, caravans, hippodromes, side-shows,, and concerts, minstrel or musical entertainments given under a canvas, exhibitions of monsters or freaks of nature, and all exhibitions that may be given under a canvas not herein specifically mentioned, shall be known as entertainments of the third class. 96 Ordinances of the License required. § 2. No person, or persons, shall give any entertainment mentioned in this chapter within the limits of the city, for gain, without a license therefor first had and obtained from the mayor, under the seal of the city, under a penalty of not less than ten dollars, and not exceeding two hundred dollars for each and every such entertainment given in violation of this chapter ; Provided , that for concerts, exhibitions, musical entertainments, lectures or dramatic entertainments given by or for some home association, society or church, no license shall be required. Licenses and fees. § 3. Each license shall express on its face for what it is granted, and the time it is to continue ; and the following license fees shall be charged for each license granted, and shall be paid to the city clerk, viz : First. For entertainments of the first class, not less than five dollars for every performance or exhibition. Second. For entertainments of the second class, not less than three dollars for each performance or exhibition. Third. For entertainments of the third class, the following sums, viz : For each circus or menagerie, or circus and menagerie combined, and each hippodrome, the sum of fifty dollars per day for each day ; for each side-show with any menagerie, circus or hippodrome, twenty dollars for each and every day ; for each concert, musical or minstrel entertainment, given under a canvas, the sum of ten dollars ; for any other entertainment of the third class, a sum of not less than ten dollars is to be charged. Class and fee decided by the mayor. § 4. The mayor shall determine, in every case, where application is made for a license under this chapter, the class to which the entertainment belongs, and the amount of the license fee to be paid, where it is not specifically fixed by this chapter ; and the person to whom the license is granted shall pay the license fee to the city clerk, who shall issue the license, which license shall be signed by the mayor. License subject to all ordinances. § 5. Every license granted under the provisions hereof shall be subject to the ordinances of the city existing when the same shall be issued, or which shall thereafter be passed, so far as the same shall apply. Entertainments where liquor is sold. § 6. No person shall be allowed to give any concert, musical entertainment, dramatic or City of Danville. 97 variety show, or entertainment of any kind, in any licensed saloon or place where intoxicating liquors are sold, or in any place the entrance to which shall be through a saloon, without a special permit from the city council ; any person violating this section shall be fined not less than ten dollars, nor more than two hundred dollars for each violation. Owners, lessees or agents to see license is obtained. §7. It shall be the duty of every proprietor, lessee, or the agent of either in charge of any theatre, hall or other building where public entertainments are given, before he permits any person or persons to use the same for giving any entertainment therein for gain, to see that a license therefor is obtained as herein required, or to obtain the same himself, either in his own name or in the name of the person or persons proposing to give such entertainment, under a penalty of not less than five dollars, nor more than fifty dollars for each offense. Chairs, etc., in aisles. § 8. No chairs, stools or seats of any description shall be placed or permitted to remain in the aisles or passage-ways in any theater, hall or other public building, when the same is occupied by the public, under a penalty of not less than ten dollars, nor more than one hundred dollars for each and every violation of this section. It shall be the duty of the city marshal and all members of the police force to see that this section is strictly observed ; and in case of any violation thereof, to forthwith proceed to clear any obstructed aisle or passage-way, and to arrest the offender or offenders. Persons in hallways. § 9. It shall not be lawful for boys, or other persons, to loiter’ or stand iu any lobby, hallway or outer entrance to any theatre, hall or other public building, or on the sidewalk adjacent to and within fifty feet of such entrance, after a request to move on, made by the owner, lessee or manager of the entertainment, or any police officer, under a penalty of not less than one dollar, nor more than twenty-fivg dollars for each offense. Minors at variety shows where liquors are sold for- bidden. § 10. Whoever shall, by himself, his agent or clerk, admit any minor to any theatre, hall, room or other place where any' concert, variety show, or any entertainment of any kind is .given, and where wine, beer, or any intoxicating liquors are sold or dis- tributed* or shall permit such minor to remain or be in any such theatre, hall or room, or other place, shall be fined not less than twenty dollars, nor more than one hundred dollars for each offense. Indecent play. § 11. No license shall be granted foi», or if granted the same shall not be held to authorize, the enacting or per- 98 Ordinances of the formance of any indecent or lewd play or exhibition of any kind ; and any person giving, exhibiting or taking part in any such play or exhibition shall be fined not less than five dollars, nor more than two hundred dollars. Good order shade be maintained. § 12. Any person giving or conducting any exhibition, show or amusement shall preserve good order in and about the place of his exhibition or amusement, and if necessary for that purpose shall employ at his own expense suffi- cient police force ; and neglect or failure to so maintain and preserve such good order shall subject such person to a fine of not less than three dollars, nor more than one hundred dollars, and his license may be forfeited in the discretion of the mayor. Disorderly conduct. § 13. Any person who shall conduct himself in a riotous or disorderly manner at any place of exhibition or amusement shall be subject to a penalty of nob less than three dollars, and not exceeding one hundred dollars ; and if any person belonging to or connected with any such show or exhibition shall conduct himself in a riotous or disorderly manner, or cause any disturbance or breach of the peace at the place of exhibition, the license of such show or exhibition may be revoked or forfeited by the mayor in his discretion, and no license at any time thereafter shall be granted for such exhibition unless for good cause shown and with the consent of the city council. Processions in the street. § 14. No circus, menagerie, caravan, show, band or procession of any kind tending to the collection of persons on the streets and sidewalks, to the obstruc- tion of the same, shall, without the written consent of the mayor, parade or travel upon or through the streets of said city, for the purpose of exhibition or for the purpose of attracting the attention thereto of passers-by or people on the streets and sidewalks ; and no person shall, except where the mayor has given his written consent as aforesaid, beat any drum or other instrument, or blow any horn or other instrument in any of said streets for the purpose of attracting public attention to any circus, menagerie, show or procession. Any person violating this section or any part thereof, either as owner, manager, or employee of any such circus, menagerie, show, band or procession of any kind, shall be fined not less than ten dollars, nor more than two hundred dollars for each offense: Pro- vided , that this section shall not apply to any band of music or musical society engaged in serenading, or any civic or military society or other parade made by citizens of said city. City of Danville. 99 Shooting galleries. § 15. No person shall manage, keep or run any shooting gallery or place for target shooting without first obtaining a license therefor, under a penalty of twenty dollars for each offense. Rate op license. § 16. The rate of license for shooting galleries and places for target shooting shall be for one year ten dollars, or two dollars and fifty cents per quarter. Target shooting in uninclosed places. § 17. No person shall keep, maintain or use any shooting gallery or place for target practice in any alley, street, or in any open or uninclosed place in said city, nor shall any person set up any target in any such open or uuinclosed place, or shoot at the same under a penalty of not less than ten dollars for each offense. Shooting of firearms. § 18. No license issued for maintaining a shooting gallery shall be construed so as to authorize or permit the firing of any gun or other firearm contrary to any ordinance of said city. Lung-testers — galvanic batteries, etc. §19. No person shall exhibit, use or permit others to use, for profit or gain, any lung-tester, lifting apparatus, galvanic battery, striking machine, swing or other machine, instrument or device, without first obtaining a license therefor, under a penalty of five dollars for each offense. The license for any such apparatus shall be at the rate of one dollar per day. 100 Ordinances of the CHAPTER III. ANIMALS AND POUNDS. Section. 1. Animals prohibited at large. 2. Penalty for stock being at large. 3. Pound and poundkeeper. 4. Poundkeeper to take up same. 5. Duty of policemen. 6. Citizens may take up animals. 7. Redemption of animals from pound. 8. Proceedings where owner is known. 9. Proceedings where owner is unknown. 10. Trial after notice — judgment. 11. Proceedings against non-resident owner. 12. Order of sale. 13. Poundkeeper’s notice of sale — sale. 14. Poundkeeper’s book — proceeds of sale. 15. Surplus paid to owner. 16. Breaking pound- -Hindering the impounding of animals. 17. Wrongful taking up of animals. 18. Report of poundkeeper. 19. Additional pounds and poundkeepers. 20. Fees of marshal and policemen. 21. Geese. 22. Fees of poundkeeper and magistrate. 23. Driving animals through the streets. Animals prohibited from running at large. § 1. No animals of the species of cattle, horse, mule, ass, swine, sheep, goat,, nor any goose shall be permitted to run or be at large within the corporate limits of the city of Danville. Penalty for stock running at large. § 2. Whoever being the owner or possessor of any such animal or goose shall suffer or permit the same to run or be at large shall forfeit and pay the following named penalties for each offense, together with the costs of taking up and i mpounding, and all expense of sustenance for such animal when impounded, as hereinafter provided, viz : For each animal of the species of cattle, horse, mule or ass, the sum of two dollars ; for each swine, sheep or goat, the sum of fifty cents ; for each suckling pig and for each goose, the sum of ten cents. Pound and poundkeeper. § 3. The city council shall provide a suitable pound or pounds, which shall be under the care and control of the poundkeeper of said city. The mayor may, by and with the consent of the city council, appoint a suitable person poundkeeper, who shall, before entering upon the duties of his office,. City of Danville. 101 execute a bond, with security to be approved by the city council, in the peual sum of one thousand dollars, conditioned for the faithful performance of the duties of his office, and for the payment of all moneys received by him according to law and the ordinances of said city. Or, the city council, in the absence of any appointment of a poundkeeper by the mayor as aforesaid, may, by resolution, direct that the city marshal or any police officer shall act as poundkeeper, in which case he shall be the poundkeeper of said city, and shall have all the powers and emoluments, and shall perform all the duties belonging to said office, as herein provided. The said marshal or police officer shall also give a bond as poundkeeper in like sum, with the same conditions, as herein provided. Poundkeeper to take up animals — feed for same. § 4. It shall be the duty of the poundkeeper to take up and impound all animals found running at large in violation of the ordinances of said city; and also to receive and impound any such animals when law- fully taken up by any other person. During the stay of any animal in the pound, he shall feed and water the same. Duty of policemen. § 5. Every police officer of said city shall forthwith take up and impound any animal known by him or cred- itably reported to him to be unlawfully at large within the city, and to cause suit to be instituted against the owner or possessor of such animal for violation of this ordinance in so permitting such animal to be at large. Any officer neglecting or refusing so to do shall I3e fined not less than five dollars, nor more than fifty dollars for each offense. Citizens may take up animals. § 6. It shall be lawful for any citizen of the said city to take up any animal unlawfully at large, and either drive the same to the pound or confine the animal in some safe and convenient place, and immediately notify the pound- keeper, or some police officer of the city, and the officer so notified shall, forthwith take charge of such animal and impound the same. Redemption of animals. § 7. At any time before the sale of any impounded animal, the owner or person entitled to the possession thereof may redeem the same by paying to the poundkeeper the sums following : In all cases where no judicial proceedings has been commenced, as herein provided, the fees for taking up and impound- ing, and the cost for feeding and sustenance up to date of redemption, shall be the redemption money; in any case where a judicial pro- ceeding has been commenced, but no judgment rendered, then the redemption money shall be the said fee for taking up and impound- ing, costs of sustenance and feed, and the costs accrued in such 102 Oedinanc.es of the judicial proceeding ; where such judicial ‘proceeding has been com- menced and judgment rendered, theu such judgment, the costs of such proceeding, together with subsequently accrued costs, and charges for sustenance, shall be the redemption money to be paid. Proceeding when animal is not redeemed — owner is known. § 8. When any impounded animal is not redeemed within twenty-four hours after the same is impounded, the poundkeeper shall forthwith make complaint before a police magistrate or some justice of the peace against the owner or possessor of such animal, if known, and thereupon a summons shall be issued, as in other cases for the violation of the ordinances of said city, and upon the return of such summons, or the defendant having appeared, it shall be the duty of the magistrate to inquire whether the defendant has been guilty of permitting such animal to be at large contrary to the provisions of this chapter ; and if the defendant be found guilty, judgment shall be rendered against him for the penalty, impounding fee and costs of sustenance herein prescribed, and the costs of suit, and an order shall be entered that the animal shall be sold to satisfy said judgment, in case the same shall not be paid forthwith. Such order shall describe the animal, and state the time and place of impounding the same. Proceeding where owner is unknown. § 9. When the owner of any animal impounded is unknown, the poundkeeper shall make complaint as provided in the last section, against the unknown owner of such animal, describing the same, and thereupon the magistrate before whom such complaint shall be made shall docket the case in the name of the city versus the unknown owner of such animal, describing it with reasonable certainty, and shall issue a notice in substance as follows, viz: POUND NOTICE. Whereas, complaint has this day been made before me, that the unknown owner of the following described animal, to-wit : (here describe animal particularly), impounded at on the day of. A. D. 18 has permitted the same to run at large contrary to the ordinances of the city of Danville ; Now, therefore, notice is hereby given to the owner of such animal... and all persons interested in the same, that a trial will be had upon the said complaint at my office, in the city of Danville, on the day of A. D. 18 at the hour of m., when and where the owner or other person interested may appear and defend, if he sees fit so to do. Witness my hand and seal this day of A. D. 18 [l. s.] ' P. M. (or J. P.) City of Danville. 103 The. day named in said notice for trial shall not be less than five days, nor more than ten days from the time of issuing the same ; and it shall be the duty of the poundkeeper, city marshal or any policeman, forthwith to post three copies of said notice in three public places in said city. The officer posting said notices shall return a copy thereof to the office of the magistrate issuing the same, with his return, showing the time and places of such posting, indorsed thereon. Trial after notice — judgment. § 10. When the notice has been given as required by the last section, then upon the day and hour named in such notice, if the said animal has not been redeemed, the justice or magistrate issuing such notice shall proceed to hear the case, as in the case of personal service of summons; and if he finds that such animal has been lawfully and justly impounded, he shall render judgment accordingly, and shall also render judgment for the amount of fees, costs, expenses and charges incurred in the taking up, impounding, feeding and sustenance of such animal, including the costs of said suit, and he shall enter upon his docket an order for the sale of such animal to satisfy said judgment. Proceedings against non-resident owners. § 11 . If the name of the owner or possessor of any impounded animal is known, but he resides or his agent has gone outof the city, so thatsummons cannot be served upon him as provided by section 8 hereof, then • like proceedings shall be had and like judgment rendered, as in the case of unknown owners, as provided in sections 9 and 10 hereof, except that the notices provided for in section 9 shall be addressed to such owner or possessor by name, and an additional copy of said notice shall be issued and sent by mail, addressed to such owner or possessor, at his postoffice address. If his postoffice address is not known, and upon diligent inquiry cannot be ascertained, then such fact shall appear in the return of the officer executing said notices, upon the copy of said notice by him filed in the office of the magis- trate. Order of sale. § 12. Upon the rendition of any judgment as prescribed in sections 8, 10 and 11 of this chapter, the magistrate rendering the same shall issue to the poundkeeper an order of sale, which shall be substantially in the following form : The People of the State of Illinois to Poundkeeper : We command you, that of the following described goods and chattels, to-wit: (here describe animal,) the property of (here insert the name of the owners if known, if not, then say : “ some person unknown,”) you make the sum of dollars and cents debt, 104 Ordinances of the and dollars and cents costs, which the city of Danville lately recovered before me, against the said and hereof make due return in what manner you execute the same. Given under my hand and seal this day of A. D. 18 [l. s.] P. M. (or J. P.)' Which order shall be returned by such poundkeeper, within thirty days from its date, to the office issuing the same, with his return indorsed thereon, showing when and how the same was executed. Poundkeeper’s notice of sale. § 13. Upon the receipt of such order, the poundkeeper shall immediately post three notices, in three several public places in said city, which notices may be in substance as follows: POUND NOTICE. Taken up and impounded in the city pound of the city of Danville, at (here state place of pound,) the following'described animal: which, unless redeemed, will be sold at public auction for cash to the highest bidder, at at the hour of. o’clock m., on the day of.. •: A. D. 18 Poundkeeper. The day of sale mentioned in said notices shall not be less than three, nor more than five days after posting the same, exclusive of Sundays, holidays and election days ; and if the said animal is not redeemed, the poundkeeper shall sell the same in accordance with said notice. Poundkeeper’s book — proceeds of sale. § 14. The pound- keeper shall keep a book, to be provided by the city, which shall be open to the inspection of the public, in which he shall record a description of all animals impounded, with the date of impounding each, the owner’s name if known, the name of the person or officer by whom the animal was taken up, also what disposition was made of such animal, when and by whom redeemed, or, in case of sale, the date of sale, the name of the purchaser and the amount received there- for ; and said poundkeeper shall, within ten days after every sale of animals, as herein provided, pay into the city treasury all moneys receiyed by him in excess of the fees, costs and charges accruing to him, and the costs accruing in the judicial proceedings, which last named costs he shall pay over to the magistrate issuing the order of sale. Surplus proceeds paid to owner. § 15. If any surplus proceeds of any sale shall have been paid into the city treasury, the City of Danville. 105 owner of the animal so sold shall be entitled to receive such surplus, less all costs and charges which may have accrued to the officers of the city, upon presenting to the city council, or the proper committee thereof, satisfactory proof of his ownership, together with a certificate of the pound keeper of the amount of such surplus. Breaking pound — hindering impounding of animals — penalty. § 16. Whoever shall break open, or in any manner, directly or indirectly, aid or assist in, or counsel or advise the breaking open of any city pound, or shall take or attempt to take therefrom any impounded animal without the poundkeeper’s consent, or who- ever shall hinder, delay, or obstruct the taking of any animal found unlawfully at large to the pound, or shall attempt to prevent the impounding thereof, in tuiy manner, shall, in either case, be fined not less than ten dollars, nor more than one hundred dollars. Wrongful taking of animals — penalty. § 17. Any person who shall take or drive any animal from any inclosed lot or tract of ground, or from any stable or other building, or from outside of the city limits, to any pound in said city, or with intent that such animal may be impounded, shall be fined not less than five dollars, nor more than twenty dollars for every animal so taken or driven as aforesaid. Report of poundkeeper. § 18. The poundkeeper shall, at each regular meeting of the city council, make a full and complete report, under oath, of all animals impounded, the names of the owners thereof, the disposition made of such animals, and all the receipts and expenditures of and for his pound, and shall file there- with the receipt of the treasurer for all money paid into the city treasury. Additional pounds and poundkeepers. § 19. The mayor and city council, at any time when they may think the interests of the city may require it, shall establish additional pounds, and appoint additional poundkeepers, who, when so appointed, shall be subject to all the provisions of this chapter. Compensation to marsh al or policeman. § 20. When the city marshal or any policeman of the city is, by order of the city council, directed to’act as poundkeeper, then the fees and charges allowed the poundkeeper under and by this chapter, shall be con- sidered as compensation as poundkeeper, and shall be allowed in addition to the regular salaries allowed him as city marshal or policeman, respectively. 106 Or I) IN AN CES OE Til E Geese. § 21. All the provisions of this ordinance wherein geese are not specifically mentioned shall be construed toapply to the taking up and impounding of geese, as well as animals. Fees of poundkeeper and police magistrate. § 22. There shall be allowed the poundkeeper of said city the following fees for services under the provisions of this ordinance : For taking up animals and putting them in pound, as follows: For each hog (except sucking pigs), twenty-five cents; for each sucking pig, goose, goat or sheep, ten cents ; for all other animals taken up, fifty cents each. For providing feed and sustenance for impounded animals, the following fees shall be allowed for each day, or part of a day : For each hog (except sucking pigs), sheep or goat, twentv-five cents; for each sucking pig or goose, ten cents ; for all other animals, fifty cents each. There shall also be allowed and charged as an impounding fee, for receiving and taking animals into the pound, the following fees: For each hog ^except sucking pigs), sheep or goat, twenty-five cents; for 'each sucking pig or goose, ten cents; for all other animals, one dollar each. For posting advertisements, under this ordinance, to owners of animals, the following fees shall be allowed: For each hog, goat or goose, ten cents; for all other animals, twenty-five cents. For selling any impounded animals under any order of sale issued by a court of competent jurisdiction, the following fees shall be allowed : For selling hogs (sucking pigs excepted), sheep or goats, twenty- five cents each ; for each sucking pig or goose, ten cents ; for all other animals, one dollar each. Police magistrates or justices of the peace shall be allowed, in all cases under this ordinance, the same fees for docketing suits and issuing process of all kinds, and for other services, as are now pro- vided by statute in civil cases, to be taxed and collected as is now provided by ordinance and statute. Driving loose animals through the streets. § 23. It shall be unlawful for any person to drive any mules or horses through the streets or alleys of said city, unless they are securely haltered and controlled and led by some person having charge thereof. Any person violating this section shall be fined not less than three dollars, nor more than twenty dollars for each offense. City of Danville. 107 CHAPITER IV. AUCTIONS AND AUCTIONEERS. Section. 1. Sale of goods at auctions to be by auctioneers. 2. License fee and bond. 3. License — how obtained — not transferable. 4. Clerks. 5. Revocation of license. 6. Selling on streets. 7. Substitution of articles — penalty. 8. Penalties for violation of chapter. Sale of goods at auction to be made bf auctioneers. § 1 . All sales of goods, wares, merchandise, or other personal property, at public auction, within the city, except such as are made under and by virtue of legal process, judicial orders or sales under chattel mortgages, shall only be made by a person, or his authorized clerk, who shall have first obtained a license for such purpose, and executed a bond to said city, as herein provided. License fee and bond. § 2. A person may become an auctioneer, and be licensed to sell personal property at public auction, at a place to be named in the license, upon paying to the city clerk a license fee of fifty dollars per annum, payable quarterly, and executing a bond to the city, with sureties to be approved by the mayor, in the penal sum of one thousand dollars, conditioned for the due observance of the ordinances of said city, for the prompt payment to the city of all moneys belonging to the same, and for the prompt payment of all moneys and the delivery of all goods that may come into his hands in his business, to the persons entitled to receive the same : Provided , that licenses may be issued under the provisions of this chapter for three months, upon the payment of the sum of twenty five dollars; but no such license shall issue for a longer period than one year, nor less than three months. License — how obtained — not transferable. § 3 . Any person who may wish to obtain a license under this chapter, shall apply in writing for the same to the mayor, setting forth in such application his proposed place of business, the names of any partner, or clerk, who will be engaged in such business, the length of time for which such license is desired, and the names of his sureties. If the mayor grants such license, he shall make an indorsement to that effect upon such application, and the same shall thereupon be presented to the 108 Ordinances of the city clerk. In no case shall such license be transferable, nor shall any other person, partner or firm do business under the same, other than the person therein named, nor shall the place of business therein named be changed, without the consent of the mayor indorsed thereon. Clerks. § 4. The said license shall designate who are permitted to do business under and by virtue of the same, either as principal, agent or clerk, and if any other person is employed as agent or clerk, to do business under such license, the consent of the mayor shall be first had and obtained, and indorsed on said license. Revocation of license. § 5. All licenses shall be subject to revocation by the mayor, or the city council, whenever it shall appear to his or their satisfaction, that the party so licensed, his agent or clerk, has violated any of the provisions of any ordinance relating to auctions or auctioneers, or any of the conditions of the bond aforesaid. Selling on streets. § 6. Any auctioneer having a license, as aforesaid, or his clerk may sell at public auction within any of the streets or alleys, squares or commons of the city, any horses, mules, cattle, or any wagon, carriage or other vehicle, or any article too cumbrous to be removed to his place of business, by obtaining written permission from the mayor; but, except as herein provided, no articles shall be sold at public vendue by such persons, on the streets, alleys, public squares or commons as aforesaid. Substitution of articles — penalty. § 7. Whoever shall exhibit and offer for sale at auction any article, and induce its purchase by any bidder, and shall afterwards substitute any other article in lieu to that offered to, and purchased by the bidder, or whoever shall, while engaged in, or about making any auction sale, be guilty of any device, trick or fraudulent practice with intent thereby to deceive or defraud any bidder, shall be fined fifty dollars, and the license of such person shall be deemed forfeited. Penalties. § 8. Any person who shall sell or attempt to sell at public auction any personal property whatever, except under legal process, judicial orders or under chattel mortgage, without first having obtained a license therefor, as above required, shall, on conviction thereof, be fined not less than ten dollars, nor more than one hundred dollars for each offense ; any licensed auctioneer who shall permit any other person than such partner, agent or clerk, whose names are designated in his license, to sell any article at auction at the place designated in such license, without having City of Danville. 109 permission from the mayor for such person to sell, indorsed on his license, shall be fined not less than five dollars nor more than one hundred dollars ; and such person so selling as partner, agent, clerk or otherwise, without such permission from the mayor, shall also be fined not less than five dollars, nor more than twenty-five dollars for each offense. Any person violating any provision of this chapter, where no other penalty is imposed, shall be fined not less than five dollars, nor more than one hundred dollars for each offense. CHAPTER V. BILLIARDS, TEN-PINS, ETC. Section. 1. Penalty for billiard tables, ten-pin alleys, etc., without license. 2. License fees. 3. Billiard rooms, etc. — when closed. 4. Minors playing or loitering where liquor sold prohibited. 5. Minors playing or loitering where liquor not sold. Billiard table, ten-pins, etc., without license — penalty. § 1. Whoever shall keep within the city of Danville any billiard, pool, bagatelle or pigeon-hole table, or any ball or ten-pin alley, to be used or played upon by others, without a license therefor, shall be fined not less than five dollars, nor more than one hundred dollars for each time any person may be permitted to play ther'eon or therewith : Provided , That this article shall not apply to any such article above named kept in private houses for private use or in club rooms for the use of the club members. License fees. § 2. There shall be taxed and collected for a license to keep a billiard table for one year, ten dollars for one table, and five dollars for eacli additional table. There shall be taxed and collected for a license to keep a ten-pin alley or ball alley for one year, ten dollars for one alley, and five dollars for each additional alley. There shall be taxed and collected for a license to keep a bagatelle table or a pigeon-hole table, ten dollars each. Billiard rooms, etc. — when closed — penalty. § 3. All % billiard rooms and ten-pin or ball alleys shall be kept closed on Sunday, and on week days they shall be closed by ten o’clock in the evening of each day, and be kept closed until rive o’clock in the 110 Ordinances of the morning of the next day following. Any person violating this section shall, for each offense, be fined not less than ten dollars, nor more than fifty dollars. 4 Minors playing or loitering where liquors are sold — penalty. § 4. No keeper of any billiard, bagatelle or pigeon- liole table or ten-pin or ball alley, kept in a room or place where intoxicating liquors are sold, shall allow any minor to frequent or loiter about or remain in the said premises, to play at any game or roll any ball upon any such table or alley therein, under a penalty of not less than ten dollars, nor more than fifty dollars for each violation of this section, and upon conviction thereof shall forfeit his license. Minors playing or loitering at other places — penalty. § 5. No keeper of any billiard room or ten-pin or ball alley, kept in a room or place where intoxicating liquors are not sold, shall allow any minor to play at any game upon any table or alley kept by him, nor shall he permit . any such minor to frequent or loiter about or remain in the said premises, unless upon the written con- sent of the parent or guardian of such minor, or his employer, if he has no parent or guardian, under a penalty of not less than five dollars, nor more than twenty dollars for each violation of this section. CHAPTER VI. Butchers and markets. Section. 1. Butcher’s license. 2. Butchers to keep book. 3. Penalty for killing diseased animals. 4. Selling flesh of diseased animals. 5. Other unwholesome provisions. 6. Displaying fruit, etc., on benches. 7. Inspectors of meat and provisions. Butcher’s license. § 1 . Whoever shall pursue the calling of a butcher within the city of Danville, without first having obtained a license therefor, as provided by this chapter, shall be fined not less than ten dollars, nor more than one hundred dollars. The rate of butcher’s license shall be ten dollars per year, or a proportionate sum City of Danville. Ill for any less period. Every dealer in fresh meat shall be deemed a batcher within the meaning of this chapter: Provided , That this section shall not apply to persons who buy and sell chickens or turkeys, or dealers in fish and game. Butchers to keep book, etc. § 2. Every butcher shall keep a well bound book, properly ruled, in which he shall cause to be legibly recorded in ink a-description of each animal either slaught- ered by him or the flesh of which he keeps for sale, which description shall set forth the species, sex, color and age, if known, of such animal, and also the name and place of residence of the person from whom such animal was obtained, and the date when slaughtered. And if such animal was a bull, stag, ram or boar, that fact shall be entered as a part of the description. Such book shall at all times be subject to the inspection of any city officer, and any person pro- posing to buy the flesh of any animal may demand to see the recorded description of such animal. Any butcher failing to keep a book as herein required, or failing to make truthful entries therein as above set forth, or failing or refusing to exhibit such book on demand to any person having a right to inspect the same, shall be fined for each offense not less than five dollars, nor more than one hundred dollars. Killing diseased animals, etc. § 3 Whoever shall slaughter within said city, or within one mile of the limits thereof, any emaci- ated, sick, sore, bruised, wounded, diseased or disordered animal, or any animal which has been within twenty-four hours next before the time of slaughtering excessively driven, so as to become heated, or any calf under four weeks old, or any female animal far gone with youug, shall be fined not less than twenty-five dollars, nor more than one hundred dollars. Selling diseased animals or flesh of same. § 4. Who- ever shall sell, offer to sell, or keep or expose for sale within said city, any emaciated, sick, crippled, sore, bruised, wounded, diseased or disordered animal, with intent that the same shall, while in such condition, be slaughtered for food, or shall sell, offer to sell, keep or expose for sale within said city the flesh of any such animal, or any tainted or unwholesome fresh meat, or the flesh of any animal coming to its death naturally, or by any means other than the usual mode of slaughtering animals for food, or the flesh of any calf slaughtered under the age of four weeks, or any female animal which at the time of slaughtering was far gone with young, shall for each or either of said offenses be fined not less than twenty-five dollars, nor more than two hundred dollars. 112 Ordinances oe the Other unwholesome provisions. § 5. Whoever shall sell, expose w offer for sale any sick or diseased fowl, bird, game, poultry or fish to be used for food, or the flesh of the same, or the flesh of any such fowl, bird, game, poultry or fish after the same has become tainted, decayed or unwholesome from any cause, or the flesh of any animal, fowl, bird, game or fish not used or deemed wholesome for food, or any tainted, decayed, unsound or unwholesome provisions or articles of food of any kind whatever, or any adulterated or per- nicious drink or liquors, shall be fined not less than ten dollars, nor more than one hundred dollars for each offense. Displaying fruit, vegetables, etc., on benches. § 6. Whoever, as a merchant, grocer, butcher or huckster, shall display, exhibit or temporarily store in front of his place of business any fruit, vegetable or farinaceous article of commerce, unless the same be so exhibited, displayed or temporarily stored upon a bench or platform erected at least three feet above the level of the sidewalk, shall be guilty of a misdemeaner, and fined not less than one dollar, nor more than five dollars. Inspectors of meat and provisions. § 7. Every member of the police department, and all members of the board of health of said city, are hereby made and constituted ex-officio inspectors of meat and provisions, in and for said city. Every such officer shall be entitled, on demand made by him, to see and inspect any fresh meat which any butcher or other person may keep or have on hand within the city, as well as any live animal obtained or designed by any butcher or other person for slaughter. Such officer shall also have the right to see and inspect all fowls, game, birds, poultry or fish, as well as all other kinds of meat and all kinds of provisions, including fruits and milk, which shall be kept on hand or exposed or offered for sale by any butcher, huckster, grocer, milkman, dealer or other person. And any person who shall refuse to permit such inspection, on demand made on him, or shall hinder or delay such officer in making the same, or shall give false answers to any questions asked by such officer touching any fresh meat or any animal intended for slaughter, shall, in either case, be fined not less than three dollars, nor more than one hundred dollars. And upon such inspection, if such officer shall find any of the articles enum- erated in this section unwholesome or unfit for use as food, it shall be the duty of such officer to condemn the same and notify the owner thereof, or the person having charge of the same, to remove or withdraw the same from sale, and upon the failure or refusal of such person to withdraw such article from the market, it shall then be the duty of such officer to prosecute such person for a violation of section 4 or 5 of this chapter. CHAPTER VII. CITY COLLECTOR. Section. 1. Office of city collector created. 2. Bond of collector. 3. Duties of collector. 4. Authorized to receive special taxes. 5. To pay all special taxes to treasurer. 6. To make return of delinquent taxes to county collector. 7. To keep books of account. 8. Compensation of Collector. Office of city collector. § 1. There is hereby created the office of city collector of special taxes and special assessments. The term of said officer shall be for one year and until his successor shall be appointed and qualified. The said collector of special taxes and special assessments shall be appointed annually by the mayor by and with the advice and consent of the city council. Bond of collector. § 2. Said collector shall, before he enters upon the duties of his office take and subscribe the oath prescribed by law for city officers and shall execute a bond to the city of Danville in the penal sum of $20,000 with such securities as the city* council shall approve, conditioned for the faithful performance of his duties as such collector and the payment of all moneys received by him according to law and the ordinances of the said city. Duties of collector. § 3. It shall be the duty of said collector to execute all warrants for the collection of special taxes and special assessments which by law and the ordinances of the said city may be executed by such collector, and he shall collect all special taxes and special assessments which are or may be levied or assessed by virtue of any ordinance of said city for the making of any local improvement. Authorized to receive special taxes. § 4. Said collector is hereby authorized and instructed to receive and receipt to any person or persons against whose property special taxes are or may be assessed for local improvements or whose property is or may be assessed as specially benefitted by local improvements, as aforesaid, the amount of his or their special tax or special assessments less such discount as is or may hereafter be authorized by contract for 8 114 Ordinances of the making such improvements : Provided , that the collector shall not allow any discount upon any such special taxes or special assessment except when paid before or within ten days from the completion and acceptance of the whole or such part of said improvement as may be provided in the contract. To pay all special tanes to treasurer. § 5. Said collector shall pay over to the city treasurer all moneys collected by him as fast as the same shall be received, taking the treasurer’s receipt therefor, which receipt he shall immediately file with the city clerk, who shall at the time or on demand give the collector a copy of any such receipt so filed. He shall make report in writing, to the city council at each regular meeting thereof, showing the amount of money collected, from whom received and on what account received, and he shall, annually, at the close of each fiscal year, make out and file with the city clerk a full statement of all moneys collected by him during the preceding fiscal year in the manner as i required by law. TO MAKE RETURN OF DELINQUENT TAXES TO COUNTY COLLECTOR. § 6. It shall be the duty of the city collector on or before the tenth day of March each year, to make a report or reports in writing to the county collector of Vermilion county or other officer authorized by the general revenue laws of this state, to apply for judgment and sell lands for taxes due the county and state, showing all the lands, town lots and real property on which he shall have been unable to collect said special taxes or special assessments due and unpaid thereon, together with his warrant or warrants or with a brief description of the warrant or warrants received by him authorizing the collection thereof, which report or reports shall be accompanied by the oath of said collector, that the list or lists are a correct return and report of the lands, town lots, and real property on which the said special taxes or special assessments, levied by authority of the city of Danville remain due and unpaid, that he is unable to collect the same or any part thereof and that he had given the notice or notices required by law, that* said warrant or warrants had been received by him for collection. To keep BOOKS OF ACCOUNT. § 7. Said collector shall under the direction and supervision of the finance committee, keep books and accounts which shall show all receipts and moneys collected by him, and other matters pertaining to his office, such books and accounts to be kept in a clear and methodical manner. City of Danville. 115 Compensation of collector. § 8. The city collector shall receive for his services a compensation of one per cent, of all moneys collected by him and paid into the city treasury. CHAPTER VIII. CITY ENGINEER. Section. 1. Appointment of city engineer. 2. Bond of city engineer. 3. Oath of city engineer. 4. Compensation— how paid. 5. To make plans, surveys, etc., and establish grades, etc. 6. To inspect material, etc., keep books, etc., examine accounts. 7. To designate grades for walks— supervise work, etc. 8. To supervise public work — to remove walks, etc., not conforming to grade. 9. To preserve all books, etc., keep record of all transactions. 10. To make all surveys — chainmen — oath — field notes. 11. To superintend labor on streets, etc. — pay rolls — reports. 12. To fix lot boundaries — furnish certificate of survey. 13. To preserve and keep tools in good condition. 14. To keep streets, etc., in safe condition. 15. To keep railroad crossings open — report. 16. To annually cause streets, etc., to be put in good condition. • 17. Additional-duties may be required. 18. To make maps of streets and assign numbers to houses. 19. To adjust and renumber houses and correct mistakes. 20. Vacancy — how filled. Appointment of city engineer. § 1. There shall be appointed annually by the mayor, with the approval of the city council, a city engineer. Such appointment shall be made at the first regular meeting in April of each year, or as soon thereafter as practicable. Bond of city engineer. § 2. The said city engineer shall, before entering upon his duties, execute a bond in the penal sum of three thousand dollars, payable to the city of Danville, and condi- tioned for the faithful performance of the duties of his office, and the payment of all moneys which may comednto his hands by virtue of his office, according to law and the ordinances of said city. Oath of city engineer. § 3. The said city engineer shall also, before entering upon the duties of his office, take and subscribe the following oath or affirmation : 116 Ordinances of the . “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the, State of Illinois, and that I will faithfully discharge the duties of the office, of city engineer to the best of my ability.” Compensation— how paid. § 4. The compensation of the said city engineer shall be the sum of twelve hundred dollars per annum, payable in equal monthly installments. To MAKE PLANS, SURVEYS, ETC., AND ESTABLISH GRADES, ETC. § 5. The city engineer shall, when required by the mayor, the city council or any of its committees, make out plans, estimates and specifications tor ] ublic work which may be ordered or proposed by the city council. He shall, under the direction of the proper com- mittee, also superintend the construction of all public work. He shall, when required by the city council, make surveys of the grades or boundaries of streets, alleys or sewers, and prepare plats and profiles thereof and report the same to the city council ; and no such survey of any grade or boundary shall be established and valid until the plats and profiles thereof shall be reported to and approved by the city council. TO INSPECT MATERIAL, ETC., KEEP BOOKS, ETC., EXAMINE accounts. § 6. The city engineer shall, when required by the mayor, city council or any of its committees, receive, inspect or measure any lumber, stone or other materials to be used for any public work. He shall keep an accurate account, in a suitable book, of the quantity and quality of all such material, aqd from whom received and the cost thereof, and also for what purpose used and from whom delivered and the cost thereof, and also to whom delivered. He shall examine all accounts for materials received by him on account of the city, and, if correct, certify the same to the city council. To DESIGNATE GRADES FOR WALKS — SUPERVISE WORK, ETC. § 7. The city engineer shall designate, by proper lines and stakes, the grade for all sidewalks for persons desiring to build sidewalks. If there be no such grade established by the city council, then said city engineer shall designate and affix a temporary grade for the purpose aforesaid. He shall supervise the construction thereof. To SUPERVISE PUBLIC WORK — TO REMOVE WALKS, ETC., NOT conforming TO grade. § 8. The said city engineer shall see that all sidewalks, pavements or sewers are constructed in accordance with the established grade therefor, and that the same are laid of the proper and designated width as prescribed by the ordinances of the city. And it is hereby made the duty of said city engineer to remove and take up any such sidewalk or pavement hereafter laid which. City of Danville. 117 does not conform to such grade and width as prescribed by the ordi- nances of the said city. To PERSERVE ALL BOOKS, ETC., KEEP RECORD OF ALL TRANS- ACTIONS. § 9. The said city engineer shall preserve in his office all records and plans of survey and all books, papers and writings per- taining to his office. He shall make out and keep a diagram .or plat of all the grades and boundaries of streets and alleys established by the city council, correcting the same when any grade shall be changed, and adding thereto when any new grade or boundary shall be established, and he shall record in a suitable book the profiles and notes of all surveys of grades and boundaries established, and shall preserve the original papers relating thereto, and shall other- wise keep a systematic record of all the transactions pertaining to the department, which record shall belong to the city of Danville. To MAKE ALL SURVEYS — CHAINMEN — OATH — FIELD NOTES. § 10. The city engineer shall make all surveys in the city that he may be called upon to make, and shall employ the necessary chain- men and other assistants, who shall, before entering upon their duties, be sworn before him or before any person authorized by law to administer oaths, “ to measure accurately and justly, and to per- form their duties to the best of their knowledge and ability.’ 7 He shall acquaint himself with the original surveys of the town and city, and shall, as far as practicable, provide himself with copies of the field notes of the original surveys, and shall make his surveys in accordance therewith ; and he shall note all errors and discrep- ancies in the original survey or surveys as soon as discovered. To SUPERINTEND LABOR ON STREETS, ETC. — PAY ROLLS — reports. § 11. The said city engineer shall superintend, under the direction of the proper committee, all labor performed on the streets, alleys and parks, and also all labor performed upon sewers. He shall make out all pay rolls for street or park labor, and certify to the correctness of the same. He shall report monthly, at the first regular meeting in the month, to the city council a general abstract of all the operations of his department ; the amount of work per- formed, and the amount on hand unexpended ; the number of laborers and teams in the employ of the city; the amount of money expended in his department, together with such other information as may be' deemed of importance. To FIX LOT BOUNDARIES — FURNISH CERTIFICATE OF SURVEY. § 12. The said engineer shall, upon finding or establishing the boundary of any lot or tract surveyed, plant a substantial stake or stone at each corner thereof, and give to the owner or person employ- 118 Ordinances of the ing him, if required, a certificate stating the date and, as far as practicable, the metes and bounds of the survey and date of the survey, for whom made, and describing, as far as practicable, the metes and bounds thereof. To PRESERVE AND KEEP TOOLS IN GOOD CONDITION. § 13. He shall procure and have control and custody of all the necessary tools and implements which are used in the construction and repair of the streets, alleys, ways, lanes, highways, walks, crosswalks, bridges, sewers, parks, public grounds aud places, and see that the same are kept in proper condition for use. To KEEP STREETS, ETC., IN SAFE CONDITION. § 14. It shall be the duty of said city engineer to take charge of all streets, alleys, lanes, highways, walks and crosswalks, bridges, sewers, public grounds and parks in and belonging to said city, subject, however, to all ordinances that now are or hereafter may be in force. He shall attend to and superintend the improvement and repairs upon the same, and see that the same are kept in proper order and in good condition and free from all unnecessary obstructions. To KEEP RAILROAD CROSSINGS OPEN — REPORT. § 15. The city engineer shall see that all ordinances of said city pertaining to railroads are not violated, and that all railroad crossings are kept free and clear at all times, under the ordinances of the city now in force, or such as may hereafter be in force ; and when there is a violation of ordinances pertaining to railroads, streets aud alleys, walks, crosswalks, bridges, sewers, public grounds, parks, lanes or highways, report the same to the proper officers and see that the same are properly enforced. To ANNUALLY CAUSE STREETS, ETC., TO BE PUT IN GOOD CON- DITION. § 16. The city engineer shall annually, as early as the season will permit, under the direction of the proper committee, cause the streets, alleys, lanes, highways, walks, crosswalks, parks, sewers, gutters, bridges aud public grounds within the city to be put in proper condition and repair. Additional duties may be required. § 17. The said city engineer shall also perform such other and further duties as may be required of him by the city council or the committee on streets and alleys. To MAKE MAPS OF STREETS AND ASSIGN NUMBERS TO HOUSES. § 18. The said engineer shall cause to be prepared from time to time maps of the several streets, showing the numbers of all lots and City of Danville. 119 houses. He shall also assign to each lot or house its proper number, and deliver, free of charge, to the o\yner or occupant a certificate designating such number. To ADJUST AND RENUMBER HOUSES AND CORRECT MISTAKES. §19. In all cases where a street shall be numbered or renumbered in pursuance of any ordinance now in force, or hereafter passed, it shall be the duty of the said city engineer thereafter to adjust and renumber such streets as 'the same may be required from time to time. And in all cases where there is a mistake or conflict in numbers, said city engineer shall direct and made the proper adjustment of the same. Vacancy — how filled. § 20. If a vacancy shall occur in the office of city engineer, by death, resignation, removal or other- wise, such vacancy shall be filled for the unexpired part of the year by appointment by the mayor, by and with the approval of the city council. CHAPTER IX. CITY WEIGHERS. Section. 1. Appointment and removal of. 2. Bond — license— fee. 3. Scale— prohibited location. 4. Scale — how provided. 5. Scale — adjustment of. 6. Deputy weighers. 7. Business hours. 8. Fee — register and certificate of weights. 9. Records. 10. Weight of vehicle. 11. Alteration, etc., of certificate — penalty. 12. Inspection of books. Appointment and removal of. § 1. The mayor shall, from time to time, appoint so many and such persons to be Gity weighers as he may think proper, and may remove them at his pleasure. Bond — license — fee. § 2. Every city weigher shall, for the faithful performance of his duties, execute a bond to the city of Danville in the sum of three hundred dollars, with sureties to be approved by the city council, conditioned for the faithful performance 120 Ordinances of the of his duties. Every such weigher shall pay into the city treasury the sum of three dollars per annum, upon each of his scales, for an annual license or permit. # Scale — prohibited location — penalty. § 3. No person shall use or keep any scale in any public place, street or alley, within the city of Danville for weighing any substance or thing for the public, except city weighers who have complied with section two of of this chapter of this ordinance. Any person violating any provision of this ordinance shall pay a penalty of not less than five nor more than fifteen dollars for each offense. Scale — -how provided, etc. § 4. Each of said weighers so appointed, shall provide his own scales and shall locate them and keep them properly adjusted and repaired at his own expense. Scare — adjustment of. § 5. It shall be the duty of weighers so appointed, to have their scales adjusted and sealed by the sealer of weights and measures at least once in every six months, and oftener if required. It shall further be their duty to weigh any coal, hay or any other article, when so requested by the person or persons bringing the same. Deputy weighers. § 6. The weighers, so appointed shall have power to appoint all necessary deputies to attend said scales, and, the official bond of said weigher shall be holden and answerable for the acts of said deputies. Business hours. § 7. Said weighers shall, either in person or by such deputy, be present at their individual scales during all reasonable hours each day, Sundays and public holidays excepted. Fee — register and certificate of weights. § 8. The said weighers shall be allowed to charge and receive ten cents for every load or part of a load, or other article of any kind or nature whatsoever weighed by them, except coal, and five cents for every load of coal and they shall keep an account of the weight of every load by them weighed, and shall furnish to the person having such load weighed, a certificate, written with ink, for each load, which certificate shall contain the gross and net weight of each load weighed by him. Record. § 9. The said city weighers shall, severally, provide themselves with, and each shall keep a book in which he shall enter the amount of each load, and the name of each person for whom, and tbe date when the same was weighed ; and when the vehicle and load shall be weighed together the city weigher’s certificate, shall state the gross weight thereof, and upon the sale or delivery City of Danville. 121 of such load, the vehicle shall again be weighed, without charge, by the city weigher who weighed the original load and thus the net weight of the load ascertained. Weight of vehicle. § 10. In no case shall any city weigher state in his said certificate the weight of any vehicle which may have been weighed with any load, until such city weigher shall have ascertained the weight of such article by actually personally weighing the same on his said scales. Alteration, etc., of certificate — penalty. §11. No person shall alter any certificate of any city weigher, or use or attempt to use the same for any other load or parcel than the one for which the same was given ; nor, after the weighing, and before the sale and delivery of any load or parcel diminish the quantity thereof; any person violating the provisions of this section shall be fined in any sum not less than twenty dollars nor more than one hundred dollars for each offense. Inspection of books. § 12. The city clerk shall be permitted, by himself or his agent, to examine at his pleasure the books required as afofesaid, to be kept by the city weighers. CHAPTER X. CLAIMS AGAINST CITY. Section. i. Claims sworn to and referred. Claims* must be sworn to and referred. § 1 . No claim or account against the city of Danville, except for the salaries of its regularly elected or appointed and commissioned officers, or for the payment of a special contract made by the city council, or by .some officer of the city authorized by ordinance to make contracts, shall be considered, audited or allowed, nor shall any warrant issue for the payment thereof, unless the person presenting the same, or some credible person for him, shall make oath before some officer duly authorized by law to administer oaths, before filing the same, that such claim or account is true, just and correct, and that the charges therein are reasonable; nor shall such warrant issue until such claim or account has been referred to and examined by at least two of the 122 Ordinances of the committee of the department to which such claim or account shall appropriately belong, or by some other committee designated by the council, which committee shalfreport such claim back to the council, with its recommendation indorsed thereon, signed by the members thereof, when the said claim or account shall then be acted upon by the council. CHAPTER XI. CORPORATION COUNSEL. Section. 1. Office created. 2. Appointment. 3. Oath — bond. 4. Duties of officer. 5. To deliver to successor all papers, etc. 6. Compensation. Office created. § 1 . There is hereby created the office of corporation counsel, who shall hold his office for the term of two years, and until his successor shall be appointed and qualified. Appointment. § 2. He shall be appointed by the mayor, with the approval of the city council, on the first Thursday of May, A. D. 189J, or as soon thereafter as may be, and bi-annually thereafter. Oath — bond. § 3. The corporation counsel, before entering upon the duties of his said office, shall take and subscribe the fol- lowing oath or affirmation : “ I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of corpora- tion counsel according to the best of my ability.” And shall execute a bond, with security to be approved by the city council, payable to said city, in the penal sum of two thousand dollars, conditioned for the faithful performance of the duties of his said office. Duties of officer. § 4. It shall be the duty of the corpora- tion counsel to furnish his written opinion upon any legal question submitted to him for such opinion by the city council, and to regu- larly attend all meetings of said council ; to draft all ordinances, City of Danville. 123 bonds, contracts, leases, conveyances and other instruments of writing, as may be required by the business of the city ; he shall prosecute all proceedings brought in the proper courts for the levy and assessment of special taxes or assessments for any local improve- ment, or the opening and laying out of any street or alley in said city ; he shall assist the city attorney, when directed so to do by the city council or mayor, in instituting or defending any suit which may be brought in any court by or against the city, or which may be brought by or against any of its officers on account of any of their official acts; he shall also make any reports concerning any suits to which the city may be a party, whenever directed so to do by the city council. To DELIVER TO SUCCESSOR ALL PAPERS, ETC. § 5 . Upon tile expiration of his term of office, or his resignation thereof or removal therefrom, the corporation counsel shall forthwith, on demand, deliver to his successor in office all deeds, leases, contracts and other papers in his hands belonging to the corporation, or delivered to him by the corporation or any of its officers, and all papers in actions prosecuted or defended by him, then pending undetermined, together with his register thereof, and of the proceedings thereon. Compensation. § 6 . The corporation counsel shall receive an annual salary of six hundred dollars, payable quarterly. CHAPTER XII. DOGS. Section. 1. Danger of hydrophobia — proclamation of mayor. 2. Dogs a nuisance— when. 3. Bitch at large in heat. 4. Dangerous dogs. Danger of hydrophobia — proclamation of mayor. § 1. Whenever the mayor of the city of Danville shall deem it advisable, for the prevention of hydrophobia, he may issue his proclamation requiring all the dogs within the city to be confined, or to be securely muzzled with a wire muzzle, for such time as may be designated, or until otherwise ordered, and during such time it shall be unlawful for any dog to go or be at large unmuzzled. 124 Ordinances of the Dogs at large unmuzzled a nuisance. § 2. All dogs run- ning at large within the city, contrary to the provisions of the preceding section, are declared a nuisance, and shall be killed by the city marshal or any policeman of said city. And the owner or keeper of any such dog, who shall knowingly permit the same to run at large, contrary to the provisions of the preceding section, shall be lined not less than three dollars, and not exceeding one hundred dollars. Bitch at large while in heat. § 3. Any bitch running at large while in heat is hereby declared a ( nuisance, and shall be killed by the city marshal or any policeman of said city. And the owner or keeper of any such bitch, who permits the same to run at large when in heat, shall be fined not less than three dollars, nor more than one hundred dollars. Dangerous dogs. § 4. Any owner or keeper of a fierce or dan- gerous dog or bitch, who shall knowingly permit the same to run at large, to the danger, annoyance or damage of any person within the city, shall be deemed guilty of a nuisance, and shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars; and upon such conviction the city marshal or any policeman shall destroy, or cause such dog or bitch to be destroyed. CHAPTER XIII. DRUGGISTS. Section. 1. May sell intoxicating liquors. 2. Restriction placed on the right to sell. 3. Not to include the sale of beer, except, etc. 4. Not to sell on Sunday, except, etc. 5. Not to be drunk on premises. 6. Druggist to keep register— open to inspection. 7. Permit to be granted — length of permit. 8. Permit may be revoked, 9. Penaty. May sell intoxicating liquors. § 1. Subject to the regulations and restrictions hereinafter contained, persons engaged in the business of vending drugs, commonly called druggists, may sell intoxicating liquors in less quantity than one gallon for medicinal, mechanical, sacramental and chemical purposes only. City of Danville. 125 Restrictions placed on the right to sell. § 2. Such permission shall onty extend to and authorize the sale of intoxicating liquors for the purposes aforesaid, when the same shall be sold upon the prescription of a practicing physician ; or when the said liquor shall be a necessary ingredient in the preparation of a prescription prepared by said druggist, or when the same shall be sold for other medicinal, or any mechanical, chemical or sacrampntal purpose: Provided , however, that said druggist so selling such intoxicating liquors for any of the aforesaid purposes, shall be held to exercise good faith, to ascertain and know that such liquors so sold for any such purpose was in good faith purchased for. that purpose and no other. Not to include sale of beer, except, etc. § 3. Such permission shall not be held to include the sale of those malt or fermented liquors, commonly called beer and ale, whether sold by the bottle or otherwise, except such sale be made upon the written prescription of a practicing physician furnished said druggist at the time of said sale. Not to sell on Sunday, except, etc. § 4. No such permit shall extend to, or authorize the sale or delivery of any intoxicating liquor in any quantity upon Sunday, for any purpose whatever, and such sale and delivery is hereby declared to be unlawful, except it be for medicinal purposes, and then only, upon the written prescription of a reputable physician in active practice ; which prescription shall be made and given for that particular sale and no other. Not to be drunk on premises. § 5. It shall be unlawful for any druggtst, either by himself, servant, clerk or agent, to sell any intoxicating liquor in any quantity or for any purpose whatever, which shall be drank upon the premises where sold ; and no permit granted under this ordinance shall extend to, or protect any such sale. Druggist to keep register — open to inspection. § 6. All druggists who may be permitted to sell intoxicating liquors under this ordinance shall keep a register of all such sales in a book provided for that purpose ; in which they shall enter the name and quantity, of liquor sold, the purpose for which the same was bought, the date when, and the name of the person to whom the same was sold. The permit granted hereunder shall not extend to or authorize the sale of any such liquor not so entered and registered. Said register shall at all times be open to the inspection of the officers and police of said city : Provided , this section shall not apply to 126 Ordinances of the sales made on prescriptions of practicing physicians, where such prescription is preserved.' Permit to be granted — length of permit. § 7 . The permission to sell intoxicating liquors herein provided for shall be evidenced by a written or printed permit, signed by the mayor and attested by the city clerk under the corporate seal of the city. The granting of such permit shall be duly entered upon the records of the city kept by said clerk, and such, record shall be a protection to such druggist in the sale of intoxicating liquors allowed by this ordinance so long as such permit holds good and said druggist complies with the terms thereof. No permit shall, issue for a longer term than the municipal year in which the same shall be granted. Permit may be revoked. § 8. The mayor shall have power, and it is hereby made his duty to revoke any permit granted by him for any palpable violation of the provisions of this ordinance by any such druggist. Penalty. § 9. Any druggist who shall violate any of the provisions of this ordinance shall be fined in any sum not less than twenty dollars nor more than one hundred dollars for each offense, and shall forfeit all rights he may have under and by virtue of such permit. CHAPTER XIV. ELECTIONS. Section. 1. Time of general election. 2. Clerk to give notice of election. 3. Special elections. 4. Appointment of judges and clerks. 5. Compensation of judges and clerks. 6. Vacancies — how filled. 7. Oath — Vacancies. 8. Ballot boxes, voting booths, etc. 9. Ballots, poll books and blanks. 10. Time of opening and closing polls, 'etc. 11. Proclamation to be made before polls, etc. 12. Ballot box to be opened and exhibited. 13. General election law applicable. 14. Canvassing votes and making returns. ,15. Disposition of ballots. 16. Penalty for failure to make returns. 17. Canvassing returns by council. 18. Tie vote — casting lots. 19. Notice to person elected, etc. 20. Failure to elect-new election. 21. Order to be preserved at polls. 22. Dramshops to b.e closed. 23. Contesting election of al.lermen. 24. Statement of contestant — copy to be served, etc. 25. Taking testimony. 26. Time for filing proof with clerk. 27. Hearing contest by council — decision. 28. Opening and counting ballots. Time of general election. § 1. A general election for all municipal officers authorized by law or ordinance to be elected shall be held in the city of Danville on the third Tuesday of April in each year, at such places in the several wards of said city as may be desig- nated by the city council. Clerk to give notice of election. § 2. The city clerk shall give notice of such election by publishing an advertisement in some newspaper printed and published in said city, or by posting notices thereof at each of the voting places in said city, for at least twenty days prior to such election, in which notice he shall state the time and place of holding such election, the officers to be elected and the time of opening and closing the polls. Special elections. § 3. Special elections may be ordeped at any time, for any of the purposes provided by law, and notice 128 Ordinances of the thereof shall be given by the city clerk in the same manner and for the same length of time, and they shall be conducted in the same manner as is required in the case of regular annual elections. Appointment of judges and clerks. § 4. The city council shall, at least twenty days before any election shall be held, desig- nate the places of holding the same, and appoint three capable and discreet electors in each ward of the city, to act as judges of election therein, and three electors in each ward, having similar qualifications with the judges, to act as clerks of election. Immediately after the appointment of such judges and clerks, the city clerk shall make out and deliver to the city marshal notices thereof, under the corporate seal, directed to each person so appointed, and said marshal, within three days thereafter, shall deliver such notices to the several judges and clerks so appointed. Compensaton of judges and clerks. § 5. The judges and clerks of election shall be allowed the sum of three dollars per day for their services in attending such election. Vacancies — now filled. § 6. If any person so appointed a judge of election shall not be present at the time for opening the polls of any election, or, being present, shall refuse to act or take the oath to act in such capacity, the judges or judge present may appoint some other qualified elector of the ward to fill the vacancy. If there be no judge of election present at the time fixed for opening the polls, such of the electors of the ward as may then be present at the place of election may fill the place of such judge or judges by election from their number; and the judges so chosen shall have the same power and be subject to the same penalties as other judges of elections: Provided, That all the judges shall not, in any case, be appointed or chosen from the same political party or organization. Oath — vacancies. §7. The judges of election shall appoint clerks, when necessary, to fill vacancies, and the judges and clerks shall severally take an oath or affirmation in the following form, to-wit : “ I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State Of Illinois, and that I will faithfully disharge the duties of the office of judge of election (or clerk, as the case may be) according to the best of my ability.” In case there shall be no judge or justice of the peace present at the opening of the election, it shall be lawful for the judges of* electron to administer the oath or affirmation to each other and to the clerks of election, and the person administering such oath or City of Danville. 129 affirmation shall cause au entry thereof to be made and subscribed by him and prefixed to each poll book. If any judge or clerk shall, after entering upon his duties, by sickness or other disability, become unable to act, another may be appointed in his place by the judges; and in such case the person substituted shall take and sub- scribe the oath hereinbefore prescribed, and the substitution of such person and the time of such substitution shall be noted on the poll books. Ballot boxes, voting booths, etc. .§ 8. The city clerk shall provide, at the expense of the city, a sufficient number of ballot boxes and voting booths for the several voting precincts. There shall be an opening in the lid of each ballot box, not larger than is sufficient to admit a single closed ballot to be inserted therein at one time, through which each ballot voted shall be put into the box. The voting booths shall in all respects be constructed in conformity to and shall be supplied with all the necessary conveniences pro- vided for in the statutes of the State of Illinois relating thereto. Ballots, poll books and blanks. § 9. The city clerk shall also provide, at the expense of the city, all ballots to' be used at any election, and all proper poll books, blanks and other necessary stationery for each precinct in the city, and cause a suitable number thereof to be delivered to the judges of election at least two days before the day of such election. Said ballots, poll books and blanks shall be prepared by said clerk, printed and distributed in every respect in strict accord with the provisions of an Act of the General Assembly of the State of Illinois, entitled, “Au Act to provide for the printing and distribution of ballots at public expense, and for the nomination of candidates for public offices, to regulate the man- ner of holding elections and to enforce the secrecy of the ballot.” [Approved June 22, 1891; in force July 1, 1891.] Time of opening and closing polls. § 10. The polls shall be opened at the hour of seven o’clock in the morning and continued open until five o’clock in the afternoon of the same day, at which time they shall be closed; but if the judges shall not attend at the hour of seven o’clock in the morning, or if it shall be necessary for the electors present to appoint judges to conduct the election, the polls shall, in that case, be opened as soon after seven o’clock in the morning, as may be. Proclamation to be made before polls, etc. § 11. Upon opening the polls, one of the judges or clerks of election shall make proclamation of the same, and at least thirty minutes before the 130 Ordinances of the closing of the polls proclamation shall be made in like manner that the polls will be closed at five o’clock. Ballot box to be opened and exhibited. § 12. Before any ballot shall be deposited in the ballot box, the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box, after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened for any purpose until the polls are closed. General election law applicable. § 13. The manner of conducting such election and the voting thereat, the keepingof the poll lists and the canvassing of the votes by the judges thereof shall be the same, as nearly as may be, as in the case of the election of county officers under the general election laws of this state. Canvassing votes and making returns. §14. Immediately upon closing the polls, the judges shall proceed to canvass the votes polled. They shall first count the whole number of ballots in the box. If the ballots shall be found to exceed the number of names entered on each of the poll lists, the judges shall reject the ballots, if any be found, which have not the official endorsement thereon. If the number of ballots still exceeds the number of names entered on each of the poll lists, they shall be replaced in the box, and the box closed and well shaken and again opened, and one of the judges shall publicly draw out as many ballots, unopened, as shall be equal to such excess. The ballots which shall be so drawn out as excessive shall be separately marked as * excess ballots,” and inclosed in an envelope, securely sealed and marked “ excess ballots,” and returned in the same manner as “ defective” or “ objected to” ballots are required to be returned. After the ballots and poll lists have been found or made to agree, the board shall proceed to count the votes. Ballots not counted shall be marked “ defective” on the back thereof, and ballots to which objection has been made by either of the judges or challengers shall be marked “ objected to” on the back thereof, and a memorandum signed by the judges, stating how it was counted, shall be written upon the back of each ballot so marked, and all ballots marked a defective” or “ objected to” shall be inclosed in an envelope, securely sealed and so marked and endorsed as to clearly disclose its contents, and shall be returned to the city clerk. When all the ballots shall have been canvassed, the clerk shall announce to the judges the total number of votes received by each candidate. Each judge of election in turn shall then proclaim, in a loud voice, the total number of votes received by each of the per- sons voted for and the office for which he is designated, and the City of Danville. 131 number of votes for and the number of votes against any proposition which shall have been submitted to a vote of the people. Immedi- ately after making such proclamation, and before separating, the judges shall fold in two folds and string closely upon a single piece of flexible wire all ballots which have been counted by them, except ballots marked “ objected to,” unite the ends of such wire in a firm knot, seal the knot in such manner that it cannot be untied without breaking the seal, inclose the ballots so strung in an envelope, with official wax-impression seals, to be provided by the judges, in such manner that it cannot be opened without breaking the seals, and one of such judges shall return said ballots, together with the package containing the ballots marked “ defective ” or “ objected to,” in such sealed package or envelope, to the city clerk of the city of Danville within two days after such election. Said package shall be endorsed, “ Election returns, Ward.” Disposition of ballots. § 15. The city clerk shall safely and securely keep and preserve all ballots which shall be returned to him by the judges of election for the space of six monfhs after the same have been returned to him. At the expiration of such six months, the city clerk shall destroy all such ballots by burning, without previously opening the packages or envelopes, in the pres- ence of the said clerk and two electors of approved integrity and good repute, and members, to be designated by the county judge of Vermilion county, respectively of the two leading political parties: Provided , That if any contest of the election of any officer voted for at such election shall be pending at the expiration of said time, the said ballots shall not be destroyed until such contest is finally deter- mined. Penalty for failing to make returns. § 16. If any judge of election chosen to deliver the returns and ballots to the city clerk shall not deliver the same safelv, with the seal 'unbroken, within two days after the election, he shall be subjected to a fine of not less than fifty, nor more than two hundred dollars. The city clerk shall be subject to a like penalty if he fails to deliver the same to the city council in the same condition. Canvassing returns by council. § 17. When the election returns from all the wards shall be filed with the city clerk he shall, without delay, notify the mayor, who shall immediately convene the council, and the council shall then proceed to open and canvass the returns from each ward, and when finished shall declare the result, and the clerk shall enter the same in full on the journal of proceedings, naming every person voted for, the number of votes he received and for what office the persons elected. 132 Ordinances of the Tie vote — casting lots. § 18. The person having the highest number of votes for any office shall be declared elected ; when two or more persons receive an equal number, and the highest number of votes for any office, the city council shall cause the city clerk to issue a notice to such persons of such tie vote, and require them to appear before the city council on a day and at a time named in the notice, within ten days from the day of election and determine by lot in the presence of the city council, which of them is to be declared elected ; and on the day and at the time appointed, the city council shall proceed to determine the same by lot in their presence, in the manner following : There shall be placed in a ballot box as many folded ballots as there are persons, having an equal and the highest number of votes; on one of the ballots the name of the office for which the candidates were voted for shall be written, and the other ballots shall have some other words written upon them. The candidates shall each draw one ballot, and the candidate drawing the ballot on which the name of the office is written shall be. declared elected. If any. candidate shall be absent or refuse to draw a ballot, the mayor shall appoint one of the aldermen elected to draw for such candidate. Notice to persons elected, etc. § 19. The city clerk shall, within five days after any person is declared elected to any office by the city council, notify him in writing of his election, naming the office for which he has been declared elected, and requesting him to qualify within ten days after such notice, and unless such person shall qualify in ten days after such notice the office shall become vacant. Failure to elect — new election. § 20. If at any election there is a failure to elect any officer required to be elected by or in pursuance of law, or if the person declared elected should fail to qualify, or should* be ineligible to the office because of any legal disqualification, the city council may forthwith order and call a new election therefor. Order to be preserved at polls. § 21. The city marshal and all other police officers shall attend at all elections for the pur- pose of maintaining order and keeping the peace. The judges shall maintain order at the polls, and may command any police officer in attendance to arrest any person who shall disturb the peace by riotous or disorderly conduct. Any person who at the polls shall break or disturb the peace, or conduct himself in a riotous or disorderly manner, shall be subject to a penalty not exceeding twenty-five dollars. City of Danville. 133 Dramshops to be closed. § 22. No spirituous, malt, vinous or intoxicating liquor shall be sold or given away at retail, nor shall any saloon or barroom or place where such liquor is sold or given away be open upon any general or special election day in said city. Whoever violates the provisions of this section shall be lined in a sum not less than twenty-five dollars, nor more than one hundred dollars. Contesting election of aldermen. § 23. The election of any alderman may bfe contested by any elector of the city of Dan- ville, and the proceedings shall be in the manner hereinafter pro- vided, as nearly as may be. The city council shall be the tribunal • before which such contest may be heard, and its decision thereon shall be final. Statement of contest — copy to be served, etc. § 24. When any person shall desire to contest the right of another to hold the office of alderman in said city, he shall, within thirty days after the person whose election is contested is declared elected, file with the city clerk a statement in writing, setting forth the points on which he will contest such election, which statement shall be verified by affidavit Upon filing such statement, such contestant shall also serve a copy thereof upon the person whose election he intends to contest, and in case such person is absent from the city, concealed, or cannot be found, then by leaving a copy of the statement at his usual place of residence. Taking testimony. § 25. Whenever said statement shall have been filed, and a copy thereof served as aforesaid, it shall be the duty of the city council, upon the request of either party, to meet and fix the time and place for taking the depositions of witnesses, at which time the contestant shall begin the taking of his testimony, and continue the same from day to day thereafter until all his testimony shall have been taken. When the contestant shall have concluded the taking of his testimony, the contestee shall proceed to take his testi- mony in the same manner ; and the contestant shall be allowed to rebut the testimony of contestee. Such testimony shall be taken in the same manner as is provided by law for taking depositions to be used in cases in chancery. Time for filing proof with clerk. § 26. In all cases of such contested elections, the proof shall be taken and filed with the clerk within sixty days from the taking of the same ; but the city council may, upon sufficient cause shown, extend the time. No testimony shall be taken or be produced on the hearing of the con- 134 Ordinances of the test before the city council, except upon the points set forth in the statement filed by the contestant, and served upon the contestee. Hearing contest by council — decision. § 27. When all the evidence shall have been taken as aforesaid, the same shall be forthwith filed in the office of the city clerk, who shall lay the same before the city council, and the council shall, without delay, refer the same to some appropriate committee to examine and report thereon. Upon such report being made, the city council shall hear the case, and may require all the testimony and proofs taken to be read in open council, and shall, by a majority vote, upon the call of the “ yeas ” and “ nays/ 7 declare as elected the person who shall appear by the evidence to be legally entitled to the seat in the council as such alderman; and the' clerk shall enter such decision and declaration upon the journal of the city council. Opening and counting ballots. § 28. In all cases of con- tested elections, the parties to such contest shall be entitled to have the package or packages of ballots which have been returned to the city clerk pursuant to law opened in the presence of the committee of the city council, and in the presence of the city clerk, the custo- dian thereof, and to have said ballots inspected or counted ; or the same may be brought into open council, and then and there inspected or counted by the council or a committee appointed for that purpose. CHAPTER XV. FEES AND SALARIES. Section. 1. Mayor’s salary. 2. Compensation of aldermen. 3. Corporation counsel’s salary. 4. City attorney’s salary. 5. City treasurer’s salary. 6. City clerk’s salary. 7. City engineer’s salary. 8. Compensation of marshal and police. 9. Salaries of members of fire department. 10. Compensation of city collector. Mayor’s salary. § 1 . The mayor of the city of Danville shall receive an annual salary of five hundredjdollars, payable in quarterly installments. City of Danville. 135 Compensation of aldermen. § 2. The aldermen of said city shall each receive for his services the sum of two dollars per night for each meeting of the council actually attended by him, payable quarterly. Corporation counsel. § 3. The corporation counsel of said city shall receive an annual salary of six hundred dollars, payable in quarterly installments. City attorney’s salary. § 4. The city attorney shall receive an annual salary of four hundred dollars, payable in quarterly installments. In addition to said sum, said city attorney shall receive one-fourth of all the fines imposed and collected for violation of city ordinances, in cases where said city attorney shall personally attend the trial and prosecute the case. Salary of city treasurer. § 5. The city treasurer shall receive as his salary the sum of four hundred and twenty dollars per annum, payable in monthly payments of thirty-five dollars. * Salary of city clerk. § 6 . The city clerk shall receive an annual salary of eight hundred and forty dollars, payable in monthly installments of seventy dollars. Salary of city engineer. § 7. The city engineer shall receive an annual salary of twelve hundred dollars, payable in monthly installments of one hundred dollars. Compensation of marshal and police. § 8. The city mar- shal shall receive a salary of one thousand dollars, payable in equal monthly installments. The night captain of the police shall receive a salary of seventy- five dollars per month, and each policeman shall receive a salary of sixty dollars per month, payable monthly: Provided , That the turnkey shall receive only fifty-five dollars per month. Salaries of members of the fire department. § 9. The salaries of the several members of the fire department shall be as follows : The chief of fire department shall receive one thousand dollars per annum, payable in equal monthly installments, and each mem- ber of the fire department shall receive fifty-five dollars per month, payable monthly. Compensation of city collector. § 10. The city collector of special taxes shall receive as compensation for all services ren- dered, one per cent, on all special taxes collected and paid into the city treasury by him. 136 Ordinances of the CHAPTER XYI. FIRE LIMITS AND FIRE DEPARTMENT. Section. 1. Boundaries of fire limits. 2. Permits for buildings. _ , 3. Character of buildings in fire limits. 4. No wooden buildings allowed in fire limits. 5. Removal of wooden buildings. . 6. Wooden building defined. 7. Wooden building declared a nuisance — abatement. 8 Damaged buildings to be removed. 9. Procedure for condemnation of building. 10. Removal of damaged building — penalty. 11. Penalty for violating ordinance. 12. Stovepipes — chimneys — hearths. 13. Hot-air, water and steam furnaces. 14. Boiler houses and boiler rooms. 15. Penalties for violating sections 13 and 14. 16. Shavings, stoves, fires, lights, etc., in shops. 17. Lights in barns, etc. 18. Carrying fire, etc. 19. Deposit of ashes. 20. Burning straw — bonfires. ' ' , ' 21. Boiling pitch, tar, etc. 22. Fire in building — outdoor fires. 23. Burning out chimneys. 34. Scattering shavings, etc. 25. Spittoons. 26. Fire wardens, etc. 27. Exits to theatres hereafter constructed. 28. Exits and ladders to theatres now built. 29. Procedure to enforce construction of exits and placing the ladders. 30. Powder. 31. Planing mills — lumber yards — a nuisance. 32. Application of chapter from section 12 to 32. FIRE DEPARTEENT. 33. Members of fire department. 34. Duties of chief of fire department. 35. Duties of members of the fire department — removal — turnkey. 36. Bystanders subject to orders of chief, etc. 37. Breaking apparatus. 38. Driving vehicle over hose. 39. Locomotive or cars running over hose. 40. Throwing water on persons, etc., unnecessarily.. 41. Absence of chief. 42. Vehicles obstructing street at fire. Boundaries of fire limits. § E All that part of the said city embraced within the following described boundaries is hereby fixed and established as the fire limits of said city, viz : Commencing City of Danville. 137 at a point on the east side of Gilbert street one hundred and fifty feet north of the north line of Main street, running thence east on a line parallel with said Main street to the east line of Pine street; thence north along the east line of Pine street to a point one hundred and fifty feet north of the north line of North street; thence east to the east line of Walnut street ; thence north to the south line of Madison street; thence east to the east line of’ Hazel street; thence south to a point one hundred and fifty feet north of the north line of North street; thence east to the east line of the right of way of the Wabash railroad ; thence in a southwesterly course along the east boundary line of said right of way to the Vermilion river; thence up the channel of said river to a point opposite the east line of Gilbert street extended ; thence along the east line of said Gilbert street to the aforesaid point of commencement. Permits for buildings in the fire limits. § 2. No building of any kind shall hereafter he erected within the aforesaid fire limits without a permit therefor, issued as herein prescribed. Any person desiring to erect any building or structure within the aforesaid fire limits, shall, before commencing to erect the same, submit to the city engineer the plans and specifications for such proposed building or structure. And it shall be the duty of # said city engineer to examine the same and ascertain whether the same complies with the ordinances of the city ; and if the same are found to be in conformity with such ordinances, then, the said city engineer shall isssue to the owner, the architect, contractor or other person in charge of such construction and making such application, a permit, authorizing the construction of such building or structure in accordance with such plans and specification. And neither the owneV, architect, contractor or agent of any such building shall make any departure from such plans and specifications in the construction of the outside or party walls or roof, thereby increasing the liability of such building to take fire or -burn ; any person so doing shall forfeit all rights under such permit and the same shall become null and void. Any owner, agent, architect or contractor, or other person, engaged in the erection of any such building contrary to the provisions of this section, or any of them, shall be subject to a fine of not less, than ten dollars, nor more than two hundred dollars. Character of buildings in fire limits. § 3. No building or structure of any kind or description shall be erected or constructed within the fire limits of said city, unless the outside or party walls thereof shall be composed entirely of brick, stone, iron or other 138 Ordinances of the incombustible material ; and the said walls shall be not less than nine inches thick in all buildings of one story in height ; in buildings of two stories in height such walls shall not be less than thirteen inches thick ; and if any building shall be more than two stories in height, the outside Avails of the stories above the second shall not be less than nine inches in thickness. The stories herein referred to are those above the basement. The cornices, Avindow caps and sills of all such buildings shall be composed of iron, stone, brick or t>ther incombustible material. The roof shall be covered Avith iron, tin, or slate : Provided , that felt, tar or other composition roofing may be allowed, if such felt shall be covered Avith distilled roofing cement, or other equally non-inflamable material, and well covered Avith gravel, or other non-combustible material. No AVOODEN BUILDINGS ALLOAVED IN FILE LIMITS. § 4. No Avooden building or wooden part of building within the aforesaid fire limits shall be raised, enlarged, remodeled, or repaired .except that the OAvners of such buildings may raise the same to a height not exceeding three feet above the established grade of any adjacent street, by putting a brick or stone foundation Avail under such v building so raised to the grade of such adjacent street ; Provided , that the owner of any such building by himself or agent, shall first obtain a permit from the city engineer in the manner provided in section tAvo of this chapter. Removal of wooden buildings. § 5. No wooden building shall be removed from any part of the city, whether the same is Avithin or Avithout the said fire limits, to any place within the said fire limits. Wooden building defined. § 6. The term, “Avooden building,” used in this chapter of this ordinance shall be understood to embrace and mean all buildings, tenements, houses, stables, out houses, sheds and structures of every description having a ground plan covering over fifty square feet of surface, the outer walls of which are in whole or in part constructed or built of Avood, whether the roof of the same shall rest upon the Avails thereof or upon Avooden, iron, brick or stone, upright posts or pillars, and that all sheds or other structures, the roofs of Avhich shall be supported directly or indirectly, by Avooden posts or other fixtures made in whole or in part of Avood, whether the same are enclosed or not, are hereby declared to be within the meaning of the term, ‘Avooden building,’ as used in this chapter. Wooden buildings declared a nuisance — abatement. § 7. Any wooden building which may be erected, placed or repaired within said fire limits contrary to the provisions of this ordinance is hereby declared to be a nuisance, and it is hereby, made the duty of the mayor to notify in writing the owner, occupant, or builder of any wooden building erected, played or repaired within said fire limits , contrary to the provisions of this chapter, to abate such nuisance within forty-eight hours from the service of such notice, and in case such owner, occupant or builder shall fail to abate such nuisance within the time specified in such notice, it is hereby made the further duty of said mayor to cause such nuisance to be abated by razing such wooden building to the ground. Damaged buildings to be removed. § 8. When any wooden building within said fire limits shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent, of the original value of the same, such building shall be torn down or removed beyond said fire limits, after the extent of the damages thereto caused as aforesaid has been ascertained in the manner hereinafter provided. Procedure for condemnation of building. § 9. Whenever any member of the city council, policeman, member of the fire department or citizen shall make complaint in writing to the police magistrate that any wooden building within such fire limits has been damaged by fire, decay or otherwise to the extent of fifty per cent, of its original value, describing the property and giving the owner’s name, such magistrate shall issue a notice to such owner, embodying the substance of such* complaint, commanding such owner to appear before such magistrate at a time therein specified not less than five nor more than ten days from the date of such notice, and at the time and place fixed in such notice, provided that the return of such notice shall show that such owner had been served with said notice by reading or by leaving a copy at the residence of such owner three days before the time fixed for the hearing, such police magistrate shall impanel a jury of twelve disinterested free holders of the city, who after being duly sworn fairly and impartially to ascertain if the building in issue shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent, of its original value, hear the evidence and view the building at issue, and hearing the argument of counsel, and bring in a verdict according to the facts and evidence ; and in case the jury find a verdict that such building has been damaged by fire, decay or otherwise, the police magistrate shall record $ judgment 140 Ordinances of the and direct such owner to remove from the fire limits aforesaid or tear down such building within thirty days from the entry of such order ; and that in case of the default of such owner in removing or tearing down such building within the said thirty days that the city marshal of the city shall remove or tear down such building, the cost or expense of which removal or tearing down shall be charged to such owner and if not paid by such owner the same shall be collected by suit in the name of said city against such owner. At the impaneling of such jury the said owner and the prosecutor shall have a right to three peremptory challenges each, and to challenge any juror for prejudice, interest or any other just cause. In case the owner of any such building shall be a non-resident of this county, it shall be sufficient to serve the notice hereinbefore provided for upon the tenant or the person in possession of said building by delivering a true copy of such notice to him not less than seven days before the day set for such hearing. Removal of damaged buildings — penalty. § 10. When- ever any building has been ordered to be torn down or removed in accordance with the provisions of sections 8 and 9 of this chapter, and the owner thereof refuses, neglects or fails to tear down or remove the same within thirty days from the date of the entry of such order upon the docket of the magistrate, then such person shall be fined not less than twenty dollars for each and every day or part of a day that such owner may permit or suffer such building to remain after the expiration of the time within which such building was ordered and adjudged to be torn down or removed. Penalty for violating ordinance. § 11 . Any owner, builder or other person who shall own, build or aid in the erection of any building or part of building within said fire limits contrary to or in any other manner than that authorized by the provisions of this chapter of this ordinance, or who shall remove or assist in removing any wooden building within said limits from one place to another place therein, or who shall remove or assist in removing any such building from without said fire limits into the same, or repair or assist in repairing any damaged building contrary in either case to any provision in this chapter of this ordinance, shall be subject to a fine of not less than twenty dollars, nor more than two hundred dollars for each offense, and to a like fine for every forty- eight hours such person shall fail to comply with the provisions of this chapter of this ordinance, or continue in the violation thereof. Stovepipes — chimneys — hearths. § 12. All stovepipes shall be securely put up, so as not to be in danger of falling, and shall be City of Danville. 141 separated at least three inches from any wood or other combustible materials by a double circle of tin, zinc or sheet- iron, connected with like metal, with airholes through the connecting metal between the pipe and the wood or stone cylinder. All stoves put up or used without secure aprons or hearths shall be placed upon a platform of brick, zinc or other incombustible material extending far enough around the same to prevent the fire from falling upon the floor, and if set within eighteen inches of the woodwork of any wall the same shall be protected with zinc or other incombustible covering, so as effectually to prevent fire from the stove. All chimneys or flues shall be four inches thick, built of brick or stone, well laid in mortar and well plastered inside, and shall be constantly kept in good con- dition, so as to be safe and secure against fire. Whoever shall put up, erect or build any stove, stovepipe, chimney or flue contrary to the requirements of this section shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars; and whoever shall use any such stove, stovepipe, chimney or flue so put up or erected contrary to the requirements of this section shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars, and one dollar in addition thereto for each day the same may be used after notice shall have been given, either verbally or in writing, by the mayor or any alderman or the city marshal or any policeman of said city that such stove, stovepipe, chimney or flue is put up, built or erected contrary to the provisions of the ordinances of said city. Hot-air, water and steam furnaces. § 13. Hot-air, hot- water, steam and other furnaces, whether brick or metal, shall be kept at least ten inches, and the smoke-flue at least twenty inches off' from any unprotected woodwork. All furnaces shall be placed on foundations of brick or stone, or other non-combustible material, # with proper hearths of like material at least twenty-four inches wide in front of the ashpit. All hot-air conductors that are placed within ten inches of any woodwork shall be made double, one within another, with at least one-half inch space between the two. All hot-air registers shall be set in incombustible borders not less than two inches in width. All such borders shall be firmly set in plaster- of-paris. Openings in floors for registers shall be lined with bright tin to receive the register boxes, the lining to be kept at least one inch distant from such register box. I. C. or I. X. bright tin shall be used in the construction of all hot-air flues and their appendages. Boiler houses and boiler rooms. § 14. The woodwork of all boiler houses and boiler rooms shall be kept at least six feet from 142 Ordinances of the the boiler, and four feet from the breeching or smoke conductor, and one foot from the dome of the boiler, unless such woodwork is properly protected with non-combustible material, and then there shall be at least two feet space between the boiler or smokepipe and the protection. Penalties for violating sections. 13 and 14. § 15. Any person who shall violate any of the provisions of sections 13 and 14 of this chapter shall be fined not less than ten dollars, nor more than one hundred dollars for each offense, and shall be subject to a like fine for every day he shall permit such violation to continue and remain upon his premises after having been once convicted on account thereof. Shavings, stoves, fires, lights, etc., in shops. § 16. All mechanics or other persons using or occupying shops, buildings or places where shavings or other like combustible materials are made or accumulated shall clear out or remove such combustible materials from the buildings, shops, and the premises adjacent or attached thereto as often as may be necessary to prevent the dangerous accumulation thereof. The stove or stoves used in any such shop or building shall be set in a box or frame extending at least six inches above the floor, and at least eight inches around and outside the stove, and filled or lined with lireproof material. All lighted candles or lamps used in any such shops or buildings shall be set in a candlestick or stand not liable to take fire, and all such lights shall be kept at a secure dis- tance from any combustible material. No person shall leave any such light or fire burning in any such buildings in such manner or for such length of time that the same may be in danger of communi- cating the fire to any part of such shop or building or such shavings or other combustible material. Whoever shall violate any of the provisions; of this section shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. Lights in barns, etc. § 17. No person shall carry or use any lighted candle or lamp or fire in any part of any building or stable where any hay, straw or other like combustible materials are kept, without securing the same in a lantern or some secure casing, so as not to endanger the taking fire thereby, under a penalty of not less than three dollars, and not exceeding one hundred dollars. Carrying fire, etc. § 18. No person shall carry from one place to another any fire or live or burning coals, without securing the same in such manner as to prevent the coals or sparks from falling therefrom, and so as not to endanger any building or property City of Danville. 143 thereby, under a penalty of not less than three dollars, and not exceeding one hundred dollars. Deposit of ashes. § 19. No person shall keep or deposit any ashes in any building, or in any place within twenty feet of any building, shed or fence, or other combustible material, unless within a secure and covered metallic or earthenware or other fireproof vessel or in a fireproof ash-house, under a penalty of not less than three dollars, and not exceeding one hundred dollars; and all soap boilers or other persons using ashes in manufacture in any wooden vessel or structure shall keep them well dampened or saturated with water, under a penalty of not less than three dollars, and not exceed- ing one hundred dollars. Burning straw — bonfires. § 20. No person shall set fire to or burn shavings, straw or other material in any open or public place in the city, except in the daytime, nor then unless the condition of the wind and weather be such that such fire will not be likely to endanger or damage any building or other property, nor within thirty feet of any building, under a penalty of not less than three dollars, and not exceeding one hundred dollars : Provided , That bonfires may be built at night at any safe and proper place within the city by consent of the mayor. Boiling pitch, tar, etc. § 21. No person shall boil any pitch, resin, tar or other inflammable liquor or substance, except within a building so secured as not to be endangered if such pitch, resin, tar or other combustible material shall take fire, or in any open place unless at least twenty feet distant from any building or property likely to be endangered or damaged thereby, under a penalty of not less than three dollars, and not exceeding one hundred dollars. Fire in building — outdoor fires. § 22. No person shall make, kindle or use any fire in any building, out-building, shed or other structure, except within a secure fireplace, stone furnace or other fireproof structure made for that purpose. Nor shall any person make, kindle or use any fire out of doors within twenty feet of any building or other property likely to be endangered thereby, unless within a proper stone furnace or other secure structure, nor leave any such fire burning. Each person violating the provisions of this section shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. Burning out chimneys. § 23. No person shall set fire to or burn out any chimney, flue or stovepipe except in the daytime, nor then when wind or weather may be such as to endanger other 144 Ordinances of the buildings or property, and the person or persons occupying any building shall prevent and remove all dangerous accumulations of soot, under a penalty of not less than three dollars, and not exceeding one hundred dollars. Scattering shavings, etc. § 24. No person shall trail, strew or leave any shavings or other like combustible materials in, around or near any building or propepty, so as to endanger or be likely to endanger or damage the same thereby, under a penalty of not less than three dollars, and not exceeding one hundred dollars. Spittoons. § 25. Whoever shall use any box or other vessel filled with any sawdust or other combustible material as a spittoon shall be fined not less than one, nor more than twenty-five dollars. Fire wardens, etc. § 26. The mayor, the aldermen, the city marshal, the policemen and the chief of the fire department shall be ex-officio fire wardens, and they shall have power and authority to enter all buildings and premises to examine whether they are in a safe condition, and shall enforce, or cause to be enforced, all the pro- visions hereof, and shall prosecute, or cause s to be prosecuted, all violations of the provisions hereof. The chief engineer or one of the assistant engineers of the fire department shall, whenever requested by the city marshal or the mayor, carefully examine any or all build- ings within the city, and shall notify the owner or owners, occupant or occupants thereof to cause any chimney, flue, stove, stovepipe, ash-house, furnace or other place in which fire may be kept or used, which may be deemed unsafe or dangerous, or any other cause from which immediate danger of fire may be apprehended, or which may be deemed unsafe or dangerous in promoting fires, to be without delay removed, abated or placed in a safe condition ; and upon the neglect or refusal of any owner or occupant to comply with such notice he shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars, and the officer shall, without delay, cause such buildings or premises to be placed or put in a safe condition, and the necessary cost of so doing shall be collected of such owner or occupant, and recovered by suit in the name of the city before any court having jurisdiction. Exits to theatres hereafter constructed. § 27. Every theatre, opera house or public hall, with accommodations for three hundred or more people, hereafter erected or constructed within said city, shall have at least two separate and distinct exits, to be as far apart as may be practicable. The exits from all galleries shall be inde- City of Danville. 145 pendent of and separate from the exits of the main floor. All of said exits and the stairways leading thereto shall in no case be less than five feet in width, nor aggregate a less proportion than twenty inches for each one hundred persons such theatre or other room may contain or accommodate. All doors of such buildings shall be made to swing outward. Any person violating this section or any part thereof shall be fined not less than, one hundred dollars, and ten dollars for each day he shall allow such violation to remain, after having been once convicted hereunder. Exits and ladders to theatres now built. § 28. Any building or any part thereof now erected and now used or hereafter used as a theatre, opera house, or public hall, with accommodations for three hundred or more people, shall have at least two separate and distinct exits from the auditorium, to be as far apart as may be practicable, both of which can be used for the egress of people from the auditorium in case of fire or accident. Said exits shall be at least five feet in width, and shall not aggregate a less proportion than twenty inches for each one hundred persons such theatre or other room may contain or accommodate. If such theatre or other room is in the upper stories of any building, such building shall also be provided with one or more metallic ladders or fire-escapes, extending from the first to the upper stories of such building, to be placed in such location and of such number, material and construction as may- be by the mayor and the committee on fire" and water of the city council, or a majority of them, from time to time determined. Procedure to enforce construction of exits and placing of ladders. § 29. In case any building or any part thereof now or hereafter used as a theatre, opera house or public hall shall not have the necessary exits, or shall not be supplied with suitable or sufficient metallic ladders or fire-escapes, as in the preceding section provided, then said building shall be examined by the mayor and the said committee on fire and water, and the location of such additional exits and ladders or escapes shall be by them determined ; and upon such determination as aforesaid the mayor shall immediately serve, or cause to be served, upon the owner, lessee* or occupant of any such theatre, opera house or public room a notice in writing, by copy, to construct sjich exits and place and maintain such ladders or fire- escapes within thirty days after the date of the service of such notice. In case such owner, lessee or occupant, so served with said notice as aforesaid, shall not, within thirty days after such service upon him or them, construct such required exits and place such required ladders 10 146 Ordinances of the upon said building as designated in such notice, he or they shall be lined not less than ten dollars, nor more than two hundred dollars, and shall be subject to a further fine of fifty dollars for each week of such failure to comply with such notice, after the service of the same : Provided , The mayor may, in his discretion, extend the time for such person, so notified as aforesaid, to comply with such notice, upon good and sufficient cause being shown him, for a period not exceeding thirty days after the expiration of the thirty days named in said notice. Powder, § 30. Whoever shall keep or cause to be kept, or knowingly allow his premises to be used for storing more than twenty-five pounds of powder within the city limits, within one hundred yards of a dwelling or storehouse, shall be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dollars. Planing mills — lumber yards — nuisance. § 31. There shall not be hereafter erected, maintained, built, operated or used any planing mill, sash, door or blind factory or chair or furniture factory, or lumber yard, wood yard, or oil mill or paper mill within the aforesaid fire limits. And every lumber yard now established within the said fire limits is hereby declared to be a nuisance, and the city authorities shall, at the earliest practical day, provide for the abatement of such nuisance by the removal of all lumber yards now established within said fire limits beyond the fire- limits of said city. Applications of chapter from section 12 to 32. § 32. All of the sections of this chapter after and including section 12 shall apply to and be in force in all parts of said city, both within and without the fire limits. FIRE DEPARTMENT. Members of fire department. § 33. The fire department of the city of Danville shall 'consist of the mayor, committee on fire and water, a chief of fire department, one engineer, one driver, four hosemen, the turnkey of the city prison, and such other persons as the city council may from time to time, by ordinance provide. Duties of chief of fire department. § 34. The chief of the fire department shall be the commanding officer of the department, subject to the orders of the mayor and also the city council when City of Danville. 147 in session. He shall have charge of the fire hydrants of the city, and the general care and custody of the engines, hose carts and hose horses, trucks, hooks and ladders, fire alarm boxes and wires and all other property and equipments belonging to the fire depart- ment, and he shall personally attend to all repairs required to be made upon the same. He shall attend all fires occurring within the city and take command of the organization and shall see that the several members of the fire department faithfully perform their respective duties. With the concurrence of the mayor, he may order the tearing down and removal of any building, or may direet the blowing up of any building, when in either case, it shall be deemed absolutely necessary to check the progress of any fire. He shall keep in a book provided for that purpose, by the city, a full and accurate record of all the property and equipments of the fire department, together with a record of all fires which shall occur within the- city, and the causes thereof so far as known and the extent of the loss by such fire, and the date of the fire, the name of the owner of the property destroyed, amount of insurance, and such other information as he may deem of importance to the city. At the close of each fiscal year he shall make a written report to the city council showing the condition of the department under his charge and a complete statement of all its transactions during the current year. He shall also visit and examine all places reported to him by any reliable person as being liable to cause or occasion the breaking out or spread of fire and to make such provision in relation thereto as the protection of life and property in the city may require. Duties of members of the fire department — removal — turnkey. § 35. The members of the fire department shall obey the orders and directions of the chief of the fire department : they shall diligently serve the city in all things pertaining to their employment ; they shall, when directed by said chief, sleep in the rooms provided in the city building for such purpose, and be ready at all times to respond for duty in case of fire. They shall wear' such uniform or insignia of office as may be provided and shall at all times conduct themselves in an orderly and proper manner. For any flagrant breach of duty, the mayor may at any time discharge any member of the force, but he shall report his action to the council, with his reasons therefor, at the next regular meeting of the council, occurring after such discharge. The turnkey at the city building shall not be required to perform any service, except as turnkey and pound keeper, except in case of fire when he shall be subject to the orders of the chief of the fire department. 148 Ordinances of the By-standers subject to the orders of the chief, etc. § 36. Every person above the age of eighteen years present at any fire in the city, shall be subject to the orders of the chief of the fire department in extinguishing the fire and in removing and protecting property, and in case any person shall neglect or refuse to obey such orders, he shall be liable to a fine of not more than twenty dollars for each offense : Provided , that no person not a member of the fire department shall be bound to obey the orders of the chief of the fire department, unless such chief shall wear his badge of office or his official character shall otherwise be known or made known to such person. Breaking apparatus. § 37. Whoever shall willfully break, deface or destroy or otherwise injure any fire apparatus belonging to the city, shall be subject to a penalty of not less than twenty-five dollars and not exceeding one hundred dollars, and in addition thereto, the expenses that may be incurred in repairing the injuries committed, shall be added to the penalty and form a part thereof. Driving vehicle over hose. § 38. Whoever shall drive any vehicle over any hose of the fire department laid for use upon any street, alley, or public ground, except at a point where such hose is protected by wooden railings laid along side thereof, or otherwise, shall be fined not less than three dollars nor more than fifty dollars. Locomotive or cars running over hose. § 39. Any engineer in charge of any railroad locomotive, who shall run any locomotive or any car or cars attached thereto over any hose of the fire department laid for use over or across any railroad track, shall be fined not less than five dollars nor more than fifty dollars, and the conductor or other person in charge of any such car or train of cars, running over said hose as aforesaid, shall be subject to the same penalty as the engineer. Throwing water on persons, etc., unnecessarily. § 40. Whoever shall willfully or unnecessarily throw any stream of water from any fire hose upon any person or property whether at a fire or drill of the department, or in the test of any portion of the water works of the city, shall be fined not less than three dollars nor more than fifty dollars. Absence of chief. § 41. The chief of the fire department shall not absent himself from the city without permission from the mayor, under a penalty of not less than five dollars. And in case of his absence or a- vacancy in the office of the chief, the mayor shall designate some member of the fire department or some compe* City of Danville. 149 tent citizen as the acting chief of the fire department, who shall possess all the authority and power of the officer during such temporary appointment. Vehicles obstructing street at fire. § 42. Whoever shall stop with any wagon, carriage or other vehicle in the street at any point in the vicinity of a fire so as to obstruct or blockade any street or alley, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than three dollars nor more than fifty dollars. CHAPTER XVII. HEALTH DEPARTMENT. Section. 1. Health commissioner. 2. Appointment of commissioner. 3. Duties of commissioner. 4. Assistant commissioners of health. 5. Hospitals — nurses. 6. Removal and care of persons with contagipus disease. 7. Notice of pestilence — penalty. 8. Reports of physicians — blanks. 9. Changing wearing apparel. 10. Spreading of smallpox. 11. Bringing persons or clothing infected into the city. 12. Removal of infected clothing — disposition of excrement, etc. 13. Vaccination of persons. 14. Burial permits. 15. Scavengers — permit must be obtained. 16. Scavengers to make report to commissioner. 17. Report of commissioner of health. 18. Payment of expenses. 19. Penalties. 20. Compensation of commissioner. 21. Present commissioner of health to continue in office. Health commissioner. § 1. There is hereby created the office of commissioner of health, who shall have the management of all matters and things pertaining to health and the sanitary condition of the city. Appointment of commissioner. § 2. At the first regular meeting in May, A. D. 1893, and biennially thereafter, the mayor, by and with the advice and consent of the city council, shall appoint a competent and reputable physician of the city of Danville as 150 Ordinances of the commissioner of health, who shall hold his office for two years and until his successor is appointed and qualified. Said commissioner before entering upon the duties of his office, shall execute a bond to the city of Danville in the penal sum of two thousand dollars, with sureties to be approved by the city council for the faithful performance of the duties of his office. In case a vacancy shall occur in the office of commissioner of health, by death, resignation, removal from the city or from other cause, the vacancy shall be filled for the unexpired term in like manner. Duties of commissioner. § 3. The said commissioner of health shall have charge .of all matters and things pertaining to the public health. He shall see that all business is. conducted with due regard to the public health and shall report* to the mayor or city council all delinquencies in this respect. He shall cause all nuisances to be abated or removed which are prejudicial or obnoxious to the public health ; whenever he shall learn of the existence of any contagious, pestilential or malignant disease in the city, he shall take all necessary steps to arrest its progress. He shall use every precaution to prevent the introduction and spread of any such disease. He shall at least once a month, and oftener if necessary, personally visit and inspect all places and parts of the city which he may deem likely to create or promote the spread' of any such disease and shall take all necessary steps to put such place or part of said city in a good, sanitary condition. He shall give to the mayor and other city officers all such professional advice and information as they may require with a view to the preservation of the public health. He shall enforce all the laws of the state and the ordinances of the city in relation to sanitary regulations, and for such purposes he shall be permitted at all reasonable hours of the day to enter into any store, shop, dwelling, stable or any private building or place for the purpose of examining and inspecting the same. He shall cause all cellars, privy vaults, cesspools, sinks and drains to be kept properly cleansed and in good condition, or to abate the same; he shall have power to cause all dead animals or other nauseous or unwholesome things or substances to be removed, burned or buried as he may direct. He shall have power to do all things lawful and necessary for the preservation of the public health. Assistant commissioners of health. § 4. Whenever any contagious, pestilential or infectious disease is prevalent in the city of Danville, or in the vicinity thereof, which is liable to become- epidemic in said city, the mayor, by and with the consent of the City of Danville. 151 city council, may appoint two regularly licensed and practicing physicians as assistants to the said cpmmissioner of health. Said physicians when so appointed shall render all aid and assistance within their power to the commissioner of health, and shall be under his direction and control, and shall have all the powers given to the commissioners of health, subject, however, to the directions of the commissioner of health. In all cases of doubt or dispute as to the existence of 'any such contagious, pestilential or infectious disease in any house or place within the said city of Danville, during the time when said assistant commissioners of health are serving as such, the said commissioner of health shall call to his aid the services of such assistants and the decision of a majority of such commissioners shall be conclusive of the existence or non-existence of such disease. Said assistant commissioners shall receive as compensation for their services the sum of twenty dollars per month for such time as they may serve , Provided , however, they shall not be paid for more than two months’ service under one appointment, except by special resolution of the city council. Any person who shall neglect or refuse to obey the orders or directions of such assistant commis- missioners, or either of them, given under or by virtue of the ordinances of the city of Danville shall be subject to the same penalty which is or may be prescribed by ordinance for a refusal to obey the orders of the commissioner of health. Hospitals — nurses. § 5 . The said commissioner of health may, whenever the preservation of the public health of the city shall render it necessary, establish such temporary hospitals and provide such necessaries therefor as the public exigency' may require. Said commissioner of health shall be authorized to employ competent nurses for such hospital or hospitals, and shall see that all such nurses employed by him shall faithfully perform their several duties. All the necessary expenses attending the maintenance of such hospital or hospitals shall be paid for by the city, provided that no gratuitous services shall be rendered to persons who are pecuniarily able to pay for such services. Removal and ^are of persons with contagious diseases. § 6. It shall be the duty of the commissioner of health to visit and examine all persons within the city who are reported to him as laboring or supposed to be laboring under any contagious, pestilential, malignant or infectious disease, and if he shall deem it necessary so to do, shall cause such person so laboring under any such contagious, pestilential, malignant or infectious disease to be removed to some 152 Ordinances of the safe and proper place where danger from contagion will be avoided, and shall see that such person is provided with ample and suitable medical and other attendance at the expense of such person if he .is able to pay for the same, and if not able to pay for the same, then at the expense of the city : Provided , that if such person is a resident of the city and shall refuse to be removed, and if his condition is such that, in the opinion of the attending physician, removal would be attended with danger to his life, then, such measures shall be taken by said commissioner as shall be deemed most advisable to prevent the spreading of the disease with which such person is afflicted. In case of the death of any such person the said commissioner shall direct the manner of interment. Notice of pestilence — penalty. § 7. If any person in said city shall have the small pox, scarlet fever, cholera, diptheria, or any pestilential, contagious or infectious disease, the commissioner of health shall cause a notice, written or printed in large letters, with the name of such disease, to be placed in a conspicuous place upon the house ■where such person is sick, and such notice shall be kept posted so long as directed by the commissioner of health. If any person or persons shall deface, alter, mutilate, cover up, tear down or destroy such notice, without permission from said commissioner of health, such person or persons shall be liable to pay a fine of not less than ten nor more than fifty dollars for each offense. And this section* of this ordinance shall be printed upon such notice so required to be posted. Report of physicians. § 8. Every practicing physician of the city of Danville who shall have any patient therein laboring under any contagious, pestilential or infectious disease shall forthwith make report thereof in writing to the commissioner of health stating the name and describing the locality of such patient, so he may be easily found. For a neglect or failure to so report, such physician shall incur a penalty of not less than five dollars nor more than fifty dollars for each offense. And the said commissioner of health shall constantly keep on hands all necessary blanks for the furnishing of such information. Changing wearing apparel. § 9. Any physician, nurse or servant attending or being about any person having the smallpox or like infectious disease, who shall not change or purify his wearing apparel before going upon any street or into any public place, or shall otherwise conduct himself so as to endanger the spreading of City of Danville. * 153 the disease, shall, for each and every such offense, be liable to a fine of not less than five, nor more than fifty dollars. Spreading of smallpox. § 10. Any person having or having had the smallpox or other infectious or malignant disease, who shall go about in any street or public place while likely to give the disease to others, shall be fined not less than five, nor more than fifty dollars for each offense. Bringing person or clothing infected into the city. §11. Whoever shall bring into said city any person having the smallpox or other like infectious or contagious disease, or any clothing, bed- ding or other article or thing infected with smallpox or other like infectious disease, shall, upon conviction, be fined not less than twenty, nor more than one hundred dollars for each offense. Removal of infected clothing from city. § 12. It shall be the duty of the commissioner of health to cause any wearing apparel, bedding or other article or thing which he may deem infect- ious or likely to endanger the public health or safety, to be removed beyond the limits of the city and judiciously burned and destroyed. Said commissioner of health shall have power to make all necessary regulations and give all necessary directions for the disposal of all excrement from such diseased person, and for the disposal of all slops resulting from the care of such patient. Vaccination of persons. § 13. The commissioner of health shall take such steps as he may from time to time deem necessary to prevent the spread of smallpox by issuing an order requiring all persons in the city needing vaccination to be vaccinated within such time as he shall prescribe ; and all persons refusing to comply with such order shall be fined not less than three, nor more than twenty dollars: Provided , It shall be the duty of the commissioner of health to provide for the vaccination of all persons unable to pay for the same. Burial permits. § 14. No dead body of any person shall be taken from said city for interment by any undertaker or other person until a permit therefor from the commissioner of health shall have been granted, nor shall any sexton or other person having charge of any cemetery or other place for the burial of the dead within said city receive any such body for burial unless such permit shall have been granted. Any undertaker, sexton or other person violating the provisions of this section shall be fined not less than five, nor more than fifty dollars for each offense. 154 Ordinances of the Scavengers — permit must be obtained. § 15. No person shall engage in or carry on the business of cleaning privy vaults or the removal of other filth from the streets, alleys or private property in said city, for hire, without first obtaining a permit so to do from the commissioner of health. Any person who shall so engage in or carry on said business without first having obtained said permit shall be fined not less than five dollars, nor more than one hundred dollars for each olfense. Scavengers to make reports to commissioner. § 16. All persons who shall so carry on or engage in said scavenger business shall, whenever required by said commissioner of health, or at such stated intervals as said commissioner of health may establish, make a written report to him, stating the kind of matter removed, the time of such removal, the premises from which the same were removed, and the disposition made of the same. And any such person who shall fail to make such report shall be fined not less than three dollars, nor more than two hundred dollars, and the said com- missioner of health shall, if he so elects, have power to revoke the permit given to said person as provided for in the previous section. Report of commissioner of health. § 17. The commissioner of health shall annually, on or before the first day of May, send or deliver to the city clerk a full and complete statement of all matters pertaining to his office during the year, together with an estimate, in detail, of the appropriations required for the next municipal year. Payment of expenses. § 18. All bills of accounts for expenses incurred by the commissioner of health under the provisions of this ordinance shall be audited and certified to by the said commissioner of health and paid by the city council. Penalty. § 19. Any person who shall neglect or refuse to obey the orders and directions of the commissioner of health, given under and by virtue of the provisions of this ordinance, or any person who shall refuse to permit the said commissioner of health to visit and inspect any building or premises, shall, for either offense, be fined not less than three dollars, nor more than one hundred dollars. Compensation. § 20. Said commissioner of health shall receive as compensation for all services rendered by him the sum of twenty- five dollars per month, payable quarterly. Present commissioner of health to continue in office. § 21. Nothing herein contained shall be so construed as to prevent the present commissioner of health from holding his office until the City of Danville. 155 expiration of his term in May, 1893, but such commissioner shall hold his said office during such term, and shall exercise all the powers conferred upon him by this ordinance, and shall perform all the duties imposed upon him herein, to the same extent and in the same manner as if his appointment had been made subsequent to the passage of this ordinance. . CHAPTER XVIII. ITINERANT MERCHANTS. Section. 1. Prohibits itinerant merchants to sell without license — penalty. 2. Defines itinerant merchant. 3. License — rate of— bond. 4. Posting license. 5. Oath required. 6. Rebate on license — when allowed. 7. Exception may be made, etc." 8. Penalty. Prohibits itinerant merchants to sell without license — penalty. § 1 . No person or persons, or corporation organized under the laws of the State of Illinois or of any other state, shall carry on or conduct the business of selling second-hand goods, as an itinerant merchant, as hereinafter defined, within the city of Dan- ville, without having first obtained a license so to do, under a penalty of not less than twenty-five dollars, nor more than one hundred dollars, for each day such business is carried on. Any person who shall carry on such business, or aid or assist in carrying on such business as the clerk, agent, servant, factor or attorney in fact of another person or corporation, shall be held and deemed a principal in carrying on such business. Defines itinerant merchant. § 2. Any person who, by himself or by his clerks, agents or employees, shall advertise or sell, or expose for sale, or permit to be advertised or sold or exposed for sale any second-hand goods or any goods, wares or merchandise by him owned or entrusted to his custody for the purpose of sale, which may have been damaged by fire or water, or are claimed, advertised or represented to have been damaged by fire or water, whether so actually damaged or not, in any other place than in the city of Danville, or which have been or .are represented, advertised- or 156 Ordinances of the claimed to have been in the stock of goods of some person not in the city of Danville, who has foiled in business or become insolvent or made an assignment or become bankrupt in any other place than the city of Danville, or any person or persons or corporation who shall advertise or cause lo be advertised in any public or private newspaper or by handbills, dodgers, posters, banners, stationary or movable sign, or in any other manner whatever, that second-hand goods, wares or merchandise, or goods, wares or merchandise of any kind whatever, damaged by fire or water, or purporting or claimed to be damaged by fire or water, in any other place than the city of Danville, or which have been or purport or claim to have been in the stock of goods of some person who has failed in business or become insolvent or made an assignment or become bankrupt, in any other place than the city of Danville, are exposed for sale or are about to be exposed for sale in any place within the city of Dan- ville, is hereby defined and declared to be an itinerant merchant or person carrying on or conducting the business of selling second-hand goods or conducting a second-hand store as an itinerant merchant. License — rate of — bond. § 3. The city council may, in its discretion, grant a license to any person, persons, or corporation to carry on the business of an itinerant merchant, at the following rates for such license for one year, to-wit : For carrying on or keeping a junk shop where odds and ends are bought and sold, twenty-five dollars. For selling dry goods, clothing, men’s furnishing goods, boots and shoes, hats and caps, or other articles of wearing apparel, five hundred dollars. For selling hardware, groceries or drugs, two hundred and fifty dollars. For selling books, stationery, jewelry, bric-a-brac, holiday goods, wall-paper, paints, artists’ materials, furniture and household goods, millinery goods, harness or saddlery goods, three" hundred dollars. And no license shall be granted under the provisions of this ordinance for a less term than one year, at any time, and the person so applying shall pay to the clerk the sum of money herein named for such license for one year, and shall execute a bond to the city of Danville, in the sum of one thousand dollars, with two or more resident freeholders as security, conditioned that the said applicant will in every particular conform to the requirements of this ordi- nance, and with the requirements or provisions of any ordinance heretofore or hereafter to be passed concerning the carrying on of second-hand stores. And thereupon, if such license shall be ordered to be issued by the city council by a vote of a majority of the aldemen City of Danville. 157 at anv regular meeting, such license shall be issued by the city clerk and signed by the mayor and city clerk. Posting license. § 4. The person or persons receiving such license shall keep the same posted in a conspicuous place yi his or their place of business, and the city clerk shall keep a record of all licenses granted under this ordinance, in which he shall record the name of the person licensed, the time of issuing the same and the place of business of the person so licensed. Oath required. § 5. The person, persons or corporation applying for said license shall, before the same shall be granted, take and subscribe an oath or affirmation that it is his bona fide intention to continue in business in said city of Danville for at least the space of one year, and that he in good faith intends to pay said license fee absolutely and unconditionally, and that he has no inten- tion to and will not at any future time, by any suit, action or device, try to recover back the said license fee from said city, or any part thereof, except in the manner hereinafter provided. Rebate on license — when allowed. § 6. If the person, persons or corporation receiving such license shall cease to carry on the business for which such license has been issued before the expira- tion of a year for which he has received license as herein provided, he or they may apply to the city council for a repayment of a sum of money proportionate to the unexpired term of such license, and the city council may, if satisfied that the person so applying received such license in good faith for the purpose of carrying on such business, order to be repaid such sum of money as shall be a just proportion for the unexpired time for the license: Provided , If such license was issued for selling dry goods, clothing, men’s furnishing goods, boots and shoes, or other articles of wearing apparel, the city council shall not refund more than two hundred and fifty dollars where such license has not been issued for more than thirty days, nor more than two hundred dollars when such license has not been issued for more than sixty days, nor more than one hundred and fifty dollars where such license has not been issued for more than one hundred and twenty days. Exception may be made, etc. § 7. The city council may, in its discretion, by resolution, exempt any person having been a bona fide resident and taxpayer of the city of Danville for the period of one year from the provisions and requirements of this ordinance, or may order a license to be issued to any such person at a lower rate than is herein specified. 158 Ordinances of the Penalty. § 8. Any person, persons or corporation violating any of the provisions of this ordinance, excepting where otherwise specially provided, shall, on conviction, be fined in any sum not less than twemty-five dollars, nor more than two hundred dollars for each offense, and in addition thereto, in case license has been granted to such person, the same shall thereby be revoked. CHAPTER XIX. JUNK DEALERS. Section. 1. Junk dealer defined. 2. Penalty for dealing in junk without license. 3. Terms upon which license shall be granted. 4. Expiration of license. 5. Junk dealer’s record. 6. Inspection — penalty for refusing or evading. 7. Purchase from minors forbidden. 8. Time goods purchased are to be kept. 9. Railroad brass and iron — possession of prima facie evidence. 10. Agents of junk dealer liable, etc. 11. Violations of chapter to cause forfeiture of license. Junk dealer defined. § 1. Whoever shall deal in, purchase, buy or barter for old iron, copper, brass or other metal, rags, old rope, old canvas, or such material as is usually denominated or known as junk, are hereby declared to be junk dealers within the meaning of this ordinance. Penalty for dealing in junk without license. § 2. Who- ever shall carry on or conduct the business of a junk dealer within the city of Danville, without having first obtained a license so to do, in accordance with the provisions of this chapter, shall be fined not less than one hundred dollars for each and every offense. Terms upon which license shall be granted. § 3. The mayor is hereby authorized to grant a license to junk dealers, at his discretion, on the following conditions : ~ First. The person so applying for such license shall be, to the satisfaction of the mayor, a person of good moral character, and such applicant shall pay as a license fee the sum of fifty dollars per year, payable in quarterly installments in advance. City of Danville. 159 Second. The applicant shall execute a bond to the city of Dan- ville, with one or more sureties to be approved by the mayor, in the penal sum of one thousand dollars, conditioned that the said applicant shall in every particular conform to the requirements or provisions of all existing ordinances of said city, and such ordinances as may hereafter be passed, concerning junk dealers; and thereupon the city clerk shall issue to such applicant a license as junk dealer, under the corporate seal of the city, signed by the mayor and coun- tersigned by the clerk. Expiration of license. § 4. Every license issued under this chapter shall expire at the end of the municipal year in which it is granted, subject, however, to the right of the mayor to revoke such license at any time, in his discretion, for*' cause which may appear to him sufficient. Junk dealer’s record to be kept. § 5. Every person licensed as aforesaid shall keep at his place of business a substantial and well bound book, in which he shall enter a description of all personal property purchased by him, with the date of purchase, the name and residence or place of business of the person from whom such purchase was made, also entering any prominent or descriptive marks that may be on such property. Said book shall be kept clean and legible, and all the entries made therein shall be in ink, and no entry therein shall be afterward erased, obliterated or defaced. Any person licensed under this chapter, as aforesaid, who shall neglect or refuse to comply with any of the provisions of this section, shall be fined not less than five dollars, nor more than one hundred dollars for each and every offense. Inspection. § 6 . Every person so licensed as aforesaid shall, during ordinary business hours, when requested by the mayor, marshal or any policeman, submit and exhibit said book provided for in section 5 of this chapter, to the inspection of either of the above named officers. And every such person licensed as aforesaid shall* also allow the mayor, city marshal or any policeman of said city to enter the place of business of such person during business hours and examine and inspect the stock in trade belonging to such person, and make such examination of his premises as such officer may desire in the discharge of his official business. Any person who shall refuse to permit such officer to make such inspection, or shall hinder, delay or obstruct him in making the same, or shall refuse to show such officer any property, article or thing in the custody or possession of such junk dealer, when requested so to do by such officer, shall, in either case, be fiued not less than ten dol- lars, nor more than one hundred dollars for each offense. 160 Ordinances of the Purchasing from minors forbidden. § 7. No keeper of a junk shop shall purchase auy goods, article or thing whatsoever, except old rags, old rubber boots or shoes and waste paper, from any minor under the age of eighteen years, without the written consent of the parent or guardian of such minor, specifying the article permitted to be sold, under a penalty of not less than five, nor more than fifty dollars for each offense. Time goods are to be kept. § 8. Every junk dealer shall keep in his possession, without changing the form or character thereof, each article of property received by him in the course of his business as such junk dealer, for the full period of three days, under a penalty of ten dollars for each offense. Railroad brass and iron, etc. § 9. No junk dealer shall purchase or receive any car-truck brass of any kind, or railyoad iron of any description, from any person, except from railroad corpora- tions or their agents duly authorized to sell the same, under a penalty of not less than ten dollars, nor more than one hundred dollars for each offense. The fact that any railroad brass or railroad iron is found in the possession of or in the place of business of any junk dealer shall be considered prima facie evidence of a violation of this section, and, unless such possession is shown to have been acquired lawfully, shall subject such dealer to the aforesaid penalty, and be sufficient cau§e for the immediate forfeiture of his license. Agents or employes of junk dealers. § 10. Any agent, clerk or employee of any licensed junk dealer, who shall violate any of the provisions of this chapter, shall be subject to the same pen- alties herein prescribed for such violation when done by a licensed junk dealer. Violations of this chapter to cause forfeiture of license. § 11. Any violation of any of the provisions of this chapter t>y any junk dealer, or by his clerk, agent or employee^shall be sufficient cause for the revocation of the license of such junk dealer, in the discretion of the mayor. City of Danville. 161 CHAPTER XX. LICENSE. Section. 1. Mayor to receive application. 2. Application— how made. 3. Terms of license — how signed. 4. Subject to ordinances — may be revoked, etc. 5. Not assignable without consent, etc. 6. Clerk to keep register. 7. Form of license. 8. Duty of marshal. Mayor to receive .application. §1. The mayor shall receive applications for license and grant the same in all cases where it is not otherwise expressly provided, upon the terms and conditions specified by ordinance. But if he shall not feel authorized to grant any application for a license for any purpose, he may report such application to the next meeting of the city council for their action thereon. Applications — how made. § 2. Any person desiring a license under the ordinances of the city for any purpose shall make a written application to the mayor therefor, stating the purpose for which the same is desired, for what length of time, and specify the place where his business is to be carried on, and, if required by ordinance, to file bond before being licensed. He shall also name his proposed sureties on his bond in his application. If the mayor shall grant such application, he shall indorse the same thereon, together with the amount taxed for the license, and upon the filing of the applica- tion, so indorsed, with the city qlerk, and the payment of the amount specified, the city clerk shall issue to such applicant a license for the purpose and time specified. Term of license — how signed, etc. § 3. No license shall be granted for a longer period than the municipal year, and all licenses shall be signed by the mayor and countersigned by the city clerk, under the corporate seal. No license shall be valid until signed and countersigned as aforesaid, nor shall any person be deemed licensed until a license shall be duly issued to him. Each license shall be dated the day of the issuing thereof, but if the applicant has been acting without a license, then it shall be dated from the time he commenced acting. License subject to ordinances — revocation. § 4. All licenses granted shall be subject to all ordinances relating to license 11 162 Ordinances of the which may be in force at the time of the issuing thereof, or which may be subsequently adopted by the city council ; or, if any person licensed shall violate any provision of any ordinance in relation to his license, he may be proceeded against for any fine or penalty imposed thereby, and his license may be revoked or forfeited, in the discretion of the city council, or of the court or magistrate before whom any action may be brought for the recovery of any fine or penalty. Licenses not assignable. § 5. No license granted shall be assignable or transferable, nor shall any person be authorized to do business or act under such license but the person to whom it is granted, or in any other place than the place specified therein, without the consent of the city council, to be certified on such license by the city clerk, nor shall any license authorize dny person to act under it at more than one place at the same time, nor at any other time than is therein specified. Whoever shall violate any of the provisions of this section shall be deemed to be acting without license, and shall be subject to the same penalty as is prescribed for acting without license. Register of license. § 6. The city clerk shall keep a license register, in which he shall enter the name of each person licensed, for what purpose licensed, the place of business, the date of the license, the amount paid, aud the date of the expiration of the same. He shall pay into the city treasury, on the first Monday of each month, all money received by him on account of licenses. He may charge and receive a fee of fifty cents for each license issued by him where the fee charged is ten dollars or less, and one dollar and fifty cents where the fee charged is more than ten dollars, and a fee of fifty cents for certifying the consent of the city council to the assign- ment or transfer of any license or change of place of business specified in such license. Form of license. § 7. Licenses may issue, as near as may be, in the following form, to- wit: A. B. of the city of Danville, to all whom these presents may come, greeting : Know ye that C. D. having made application in due form, filed bond and paid into the city treasury dollars, and in all other respects complied with the ordinance of the city in this behalf : Therefore I, A. B., mayor of the city of Danville, for and in behalf of said city, do hereby authorize, empower and license the said C. D. (here set forth the business or purpose of the license), at for from...... Nevertheless, this license is granted upon this express condition : That if the said C. D. shall observe and obey all ordinances of the city which are or may be in force regulating or relating to said business, then this license shall City of Danville. 163 be valid for the said period ; otherwise it may be annulled, revoked or for- feited, at the option of the city council, or in any other manner provided by ordinance. In testimony whereof I have hereunto set my hand and caused the corporate seal of said city to be affixed, at the city of Danville, this day of A. D. .18 [seal.] A. B., Mayor. Countersigned and registered : E. F., City Clerk. Duty of marshal. § 8. The city marshal shall enforce all ordinances in relation to licenses, and shall from time to time examine the license register, and prosecute all persons who may be acting without license. CHAPTER XXI. LIQUORS. Section. 1. Liquors — license required. 2. Committee on license — duties. 3. Mayor to grant — applicaiion to be in writing — not to be granted to minor or non-resident. 4. Bonds required. 5. Application to state time, place, and names of sureties. 6. Application for license to be presented to mayor — persons disqual- ified — term of license. 7. License — when granted. 8. Person refused license not to be interested in dramshop. 9. License to be granted only to party making application. 10. Dramshop to be closed on Sunday — penalty. 11. Marshal and police to enforce ordinances. 12. Lewd women not permitted in dramshop — penalty. 13. License may be revoked — when. 14. Dramshop open — when. 15. Keeper of dramshop to keep orderly house — penalty. 16. Drunkenness and gaming forbidden — penalty. 17 Officers to report convictions — penalty. 18. License not to be granted when fines are unpaid. 19. Minors not to be employed nor permitted to frequent dramshops — penalty 20. Minors forbidden in saloons, etc. 21. Liquor not to be sold to habitual drunkard. 22. License not to be assigned — one place of business. 23. License to be posted. 24. Use of slides, dumb waiters, etc., forbidden — penalties. 25. Shifts or devices forbidden. 26. Windows kept so interior may be seen. Liquors — license required. § 1 . No person slufll, within the city, by himself, his servant or clerk, directly or indirectly, sell, 164 Ordinances of the barter, exchange or deliver or otherwise dispose of any intoxicating, malt, vinous, mixed or fermented liquors, in a less quantity than one gallon, to be carried away at one time from the place of sale or delivery, or in any quantity whatever to be drank upon the prem- ises, or in, or upon any adjacent room, building, yard or premises, or place of public resort, without a license therefor in accordance with the requirements hereof, under a penalty of not less than twenty dollars, and not exceeding one hundred dollars for each offense. Committee on license — duties. § 2. The mayor shall appoint, at the beginning of each fiscal year, or as soon thereafter as may be, a standing committee, known as the committee on dramshop license, to which committee shall be referred all applications, together with the bonds, for dramshops. It shall be the duty of said committee to examine the same with reference to their legal sufficiency and the sufficiency of the sureties upon the said bonds, and particularly in regard to the qualifications of the several applicants, as prescribed by the ordinances, and especially in regard to the fitness of the person for the business sought to be carried on by him, and the fitness and propriety of the place at which he seeks to carry on such business. The said committee shall make report of their action without unnecessary delay, and shall endorse upon each application, if favorable : “ We recommend that license be granted otherwise, “We recommend that license be not granted/ 5 Said committee may be granted further time to make report upon any and all appli- cations. Mayor and council to grant license — rate of license. § 3. The mayor, by and with the consent of the city council, may grant license to such person or persons as may apply therefor to him in writing, to retail intoxicating, malt, vinous, mixed or fermented liquor, in any quantity less than one gallon, upon such person or persons paying into the city treasury a sum at the rate of eight hundred dollars per annum, payable quarterly in advance, and entering into bonds in the manner required in the fourth section hereof: Provided, That no license shall be granted under the pro- visions of this ordinance to any minor or non-resident of the city, nor to any person or persons who keep or operate a restaurant or eating room in connection with their place of business, nor to any person or persons whose place of business where said liquors are to be retailed has any door or openings connecting it with any restaurant or eating room. In case any person or persons, after having been granted a license in accordance with the provisions of this chapter of this ordinance, shall keep, have, or operate a restaurant or eating City of Danville. 165 .room in connection therewith, or shall connect his place of business by any door or opening with any restaurant or eating room, the mayor shall immediately revokesaid license so granted to such person or persons. Bond to people and city required. § 4. Before a license shall be granted to keep a dramshop for the sale of intoxicating, malt, vinous, mixed or fermented liquors under the provisions hereof, the person or persons applying for such license shall execute a bond in the penal sum of three thousand dollars, payable to the People of the State of Illinois, with at least two good and sufficient sureties, freeholders in the county in which the license is to be granted, to be approved by* the mayor and council, conditioned that the person to whom such license is granted shall pay to all persons all damages that they may sustain, either in person or property or means of support;, by reason of the person so obtaining a license selling or giving away intoxicating liquors, as required by law. And such persons shall also execute a bond to the city of Danville, in the sum of one thousand dollars liquidated damages, signed by at least two freeholders of the city, each to the value, over and above their homestead exemption, of at lea^t the penalty of the bond as sureties, to be approved by the city council, and conditioned that the person to whom such license is granted shall observe and obey all laws and ordinances now in force, or such as may hereafter be in force, regulating and governing keepers of dramshops. And any breach of its conditions shall work a forfeiture of the whole penalty thereof, the amount of which shall be recovered before any court having jurisdiction. Any person offered as security upon the lirst of the herein named bonds, payable to the People of the State* of Illinois, may be required by the mayor to appear in person before him, and he may examine him under oath, and require him to sub- scribe and swear to his statement in regard to his pecuniary ability to become such security. Application for license. § 5. Any person desiring a license under the ordinances of the city to keep a dramshop for selling at retail intoxicating, malt, vinous, mixed or fermented liquors, in less quantities than one gallon, shall make a written application to the mayor, stating the length of time for which he desires such license, the place where his business is to be carried on, and the names of the persons who will become his sureties on the bond required by ordinance. Applications to be presented to the council — persons disqualified. § 6 . When application is made for a license to keep 166 Ordinances of the a dramshop as aforesaid, it shall be the duty of the mayor to receive and present the same at the next meeting of the city council, and the city council may grant the same upon the terms and conditions specified by ordinance, unless the applicant or one or more of the applicants shall be a minor or non-resident of the city, or shall have been convicted of some crime which by the laws of this state would render him, her or them infamous, or shall have been twice convicted of violating the ordinance of said city concerning, regulating or governing keepers of dramshops or retailers of liquors, or unless such applicant or applicants or some one or more of them shall have- failed or refused, after having been once convicted of any violation, to pay the fine or penalty, or the cost of some part thereof assessed therefor. If the application! be granted, the mayor«shall endorse the grant thereof on such application, together with the amount taxed for such license: Provided , No license shall be granted for a shorter time than three months, and payment for all licenses shall be made in advance. Clerk to issue license. § 7. Upon the filing of the applica- tion so endorsed as aforesaid in the city clerk’s office, together with the bond aforesaid, conditioned as aforesaid, with such securities and approved as aforesaid, and the approval thereof endorsed thereon, and paying to the city clerk the amount required for such license, a license to retail intoxicating, malt, vinous, mixed or fermented liquors in any quantity less than one gallon, at the place named in the application, shall be issued to such applicant, in the general form and manner prescribed by the ordinance of said city for other license. Person refused a license not to be interested in dram- shop — penalty. § 8. No one who shall be' refused license shall become or be directly or indirectly interested as clerk, agent, servant or otherwise in the operation of any dramshop within the city for the term of three months after such refusal. The committee on dramshop licenses, before making report upon any application, may require the applicant to furnish an affidavit that no one to whom license has been refused is directly or indirectly interested in any manner in the procuring of the license applied for or in the business for which such license is applied for as agent, servant or otherwise. License only granted to party making application. § 9. Whenever any person shall make application to the mayor for a license to keep a dramshop for retailing intoxicating, malt, vinous,, mixed or fermented liquors, and the mayor shall be satisfied that the application is made for the benefit of any other person, who is not entitled to a license under the provisions of this ordinance, or City of Danville. 167 that any such person not entitled to a license is to be in any manner interested in the business to be carried on under such license, or in any manner employed therein, or if he shall be satisfied that such application is made for the purpose of avoiding the eighteenth sec- tion of this ordinance, he shall refuse to grant such license, and if any person shall make such application for the benefit of any other person not entitled to such license under the provisions hereof, or if any person not entitled to such license shall be in any manner interested in the business to be carried on under such license, or shall be employed as an agent, clerk or servant in such business, then any liceuse which may be granted on such application shall be absolutely null and void. Selling on Sunday forbidden. § 10. No keeper of a dram- shop, licensed under the provisions hereof to retail intoxicating, malt, vinous, mixed* or fermented liquors, shall, on Sundays, keep open or suffer or permit to be kept open any part of his place of business, nor shall, on Sundays, in any manner sell or deliver any intoxicating, malt, vinous, mixed or fermented liquors, or suffer or permit any such liquor to be used or drank on his place of business, or in any place adjacent thereto under his control, under a penalty of not less than fifty dollars, nor more than two hundred dollars for each offense. Duty of police officers. § 11. The city marshal and police- men shall see that the provisions hereof are strictly observed and enforced, and shall prosecute all violations of the same, and any person may make complaint of any violation before the police mag- istrate and have the offender prosecuted as in other cases, and it shall be the duty of the city marshal and all policemen to arrest or cause to be arrested and prosecuted without delay all persons who may be found intoxicated or riotous^in any public place. Lewd wom,en not permitted in dramshop — penaty. § 12. No keeper of a dramshop within this city shall permit or allow any prostitute or lewd woman or women of ill report, to frequent, loiter in, or purchase or drink liquor of any kind in his dram shop or in any place adjacent thereto under his control. Any such woman who shall when requested not to enter any such dram shop, by any person in charge of the same, persist in entering such dram shop, shall be fined not less than three dollars nor more than one hundred dollars, and any keeper of a dram shop who shall knowingly violate the provisions of this section shall be fined in any sum not less than three dollars nor more than one hundred dollars. 168 Ordinances of the License may be revoked — when. § 13. Any keeper of a dram shop licensed under the ordinances of this city, who shall permit lewd women, prostitutes, vagrants, mendicants, common drunkards or minors to loiter about or to remain in his said dram shop or in any place connected therewith or under his control ; or if any such dram shop keeper sh-all violate any of the provisions of the ordinances of this city for the government or regulation of dram, shops, his license may be revoked by the city council for any of the causes aforesaid. And it shall not in any case be necessary that he shall have been first prosecuted or convicted therefor before such revocation : Provided , however, that before the council shall take action upon such revocation, such keeper shall have at least five days’ notice of the time at which said action shall be taken, at which time he may appear before the committee appointed by the council and show cause why his license should not be revoked. And, provided, further, that in case of such revocation, such keeper shall be repaid the license money, if any, advanced on the unexpired term of his license. Dram shop open, at what hours. § 14. No keeper of a dram shop shall keep open or suffer to be kept open his place of business, or sell any liquor therein, or therefrom, or suffer any person not belonging thereto or connected therewith, to remain in any part thereof, before the hour of five o’clock in the morning, or after the hour of eleven o’clock sharp in the evening of each day. Any person violating this section or any part thereof, shall be fined not less than five dollars, nor more than one hundred dollars for each offense. Keeper of dram shop to keep orderly house — penalty. § 15. No keeper of a dram shop licensed under the provisions hereof to retail intoxicating, malt, vinous, mixed or fermented liquors, shall suffer any violent, tumultuous, offensive or disorderly conduct, or obscene, profane or unseemly language, quarreling, fighting or other disturbance in or about his place of business, or in any place adjacent thereto under his control, to the annoyance, disturbance or vexation of others, under a penalty of not less than five dollars, nor more than one hundred dollars for each violation. Drinking to excess — gaming forbidden. § 16. No keeper of a dram shop, licensed under the provisions hereof to retail intoxicating, malt, vinous, mixed or fermented liquors as aforesaid, shall, by himself, his clerk or his servant, suffer or permit any person to drink to excess on his premises, nor shall suffer or permit any species of gaming in any part thereof, or in any place adjacent City of Danville. 169 thereto under his control, under a penalty of not less than ten dollars, and not exceeding two hundred dollars for each offense. Duty of officers to report convictions to mayor. § 17. Whenever any person or persons licensed under this or any other ordinance of said city to keep a dram shop as aforesaid, shall be by any court of competent jurisdiction adjudged to pay any fine, cost or penalty for violating the ordinance of said city, regulating, governing or concerning the keepers of dram shops, it shall be the duty of the city attorney, city marshal, policeman or other officers of the city making complaint in or prosecuting the same, wherein such judgment was rendered, and each and all such officers immediately to report such judgment to the mayor ; and if any such officers shall fail or refuse to make such report within two days after the rendition of such judgment, he shall be subject to a penalty of not less than ten dollars, nor more than one hundred dollars. License not to be granted when. § 18. Whenever any person licensed to keep a dram shop, .as aforesaid, shall be convicted of violating any ordinance of the city concerning, regulating or governing keepers of dram shops or retailers of liquors, it shall be the duty of the mayor and. council to refuse to grant such person any other or further license to retail intoxicating, malt, vinous, mixed or fermented liquors in the city, until the fine or penalty adjudged against such person for such violation shall have been fully paid and satisfied, together with all costs therein, or the case wherein such fine or penalty was adjudged shall have been duly appealed. And whenever any person licensed to retail intoxicating, malt, vinous, mixed or fermented liquors, as aforesaid, shall have been twice convicted before any court of competent jurisdiction of violating any such ordinance of the city, it shall be in the discretion of the mayor to refuse such person so convicted, any other or further license to keep a dram shop in said city, and whenever any person so licensed as aforesaid, shall have been three times convicted before any such court for violating any such ordinance, it shall be the duty of the mayor forever thereafter to refuse to grant such person so convicted any license to sell intoxicating, malt, vinous, mixed or fermented liquors in said city : Provided , however, that if any of the cases wherein the person licensed as aforesaid shall have been convicted as aforesaid shall be appealed, and upon the hearing of such cause on appeal such person shall be found not guilty of the violation or violations for which he was convicted in the court below, or if the 170 Ordinances of. the fine or penalty adjudged for such violation whereof he may be convicted shall be remitted by the city council, then such conviction shall not be considered from and after the reversal thereof, or the remission of the fine or penalty assessed therefor, as a conviction within the meaning of this section so as to bar such person of his right to such license. Employment of minors — liquors to intoxicated persons forbidden. § 19. No keeper of a dram shop licensed under the provision hereof to sell intoxicating, malt, vinous, mixed or fermented liquors, shall employ any minor as a servant or clerk in his business, nor shall sell, give or deliver any intoxicating, malt, -vinous, mixed or fermented liquors to any minor or intoxicated person, nor shall harbor or entice, or suffer any intoxicated person or minor to remain or loiter in or about his place of business, under a penalty of not less than ten dollars, nor more than one hundred dollars for each offense. Minor forbidden in saloons, etc. § 20. Any minor who shall loiter, or idle in any saloon, or place where any intoxicating liquors are sold, or shall play at any game, or drink any intoxicating liquor therein, shall for either offense be fined not less than three dollars nor more than twenty-five dollars. Selling to habitual drunkards forbidden. § 21. No keeper of a dramshop licensed .under the provisions hereof, nor any other person, shall sell, give or deliver any intoxicating, malt, vinous, mixed or fermented liquors to any habitual drunkard, or any habitually intoxicated person, after having been notified by the parents or other relative of such person that he is an habitual drunkard or habitually intoxicated person, and requesting such retailer or other person not to sell, give or deliver him any such liquors, under a penalty of not less than twenty dollars, nor more . than one hundred dollars for each offense. License not transferable. § 22. No license granted under the charter or any ordinance of the city for the sale of intoxicating, malt, vinous, mixed or fermented liquors shall be assignable or transferable, nor shall any person be authorized to do business or to act under such license but the person to whom it is granted, or at any other place than the place specified therein, without the consent of the mayor or mayor pro tem, with the approval of the city council, to be certified on such license under his hand and the seal of the city, and countersigned by the city clerk ; nor shall any such City ok Danville. 171 licence authorize any such person to act under it at more than one place at the same time, nor at any other time than therein specified. Whoever shall violate the provisions of this section shall be deemed as acting without a license and be subject to the same penalty as is prescribed for acting without a license. License and ordinance to be posted. § 23. Every keeper of a dram shop licensed under the provision of the second, third and fourth sections hereof, shall keep his license posted up in some conspicuous place in his place of business. Use of slides, dumb waiters, etc., forbidden — penalties. § 24. It shall be unlawful for the owner or lessee of any premises occupied or used for the purpose of a saloon or dram shop, or for any person having a license to sell liquors at retail, or to keep a saloon or dram shop under the ordinances of the city, to construct, erect, keep or maintain any slide, elevator, dumb waiter or other instrument or device in any such room used or occupied for the sale of liquors which shall run to or connect or communicate with any room or place above, beneath or adjoining to such dram shop or licensed saloon ; and it shall also be unlawful for any person having such license to sell liquors at retail either by himself or his clerk or servant, to use any such slide, elevator or dumb waiter or other device for sending or to send any intoxicating liquors or beer from such saloon or dram shop to any room or place above, below or adjoining the same. Any such slides, elevators or dumb waiters which may now exist in any saloon or dram shop in this city shall be removed, taken out or destroyed immediately. Any person who shall construct, erect, keep or maintain, or shall use any such slide, elevator or dumb waiter in violation hereof, shall be fined not less than ten dollars nor more than one hundred dollars for erecting or constructing the same and a like sum for each day he shall keep or maintain the same in any such saloon or dram shop whether erected before or since the passage of this ordinance and in a like sum for each time the same shall be used for the purposes aforesaid. Shifts or devices forbidden. § 25. The giving away of intoxicating, malt, vinous, mixed or fermented liquors or other device, or shift to evade the provisions or requirements of this chapter of this ordinance are hereby declared to be within the meaning and intent and shall be deemed violations hereof. Windows kept so interior of dram shop may be seen. § 26. Every keeper of a dram shop shall, during the times when by 172 Ordinances of the law or the ordinances of the city his place of business is required to he kept closed, so arrange his windows and screens as to enable persons on the street to have a sufficient view of the interior of such dram shop, to enable them to determine whether such place is being kept closed. Any keeper of such dram shop failing to comply with the provisians of this section shall be fined not less than three dollars nor more than one hundred dollars. CHAPTER XXII. MILKMEN. Section. 1. Milkmen to be licensed. 2. License fee. , 7 3. Name on wagon, 4. Drivers or employees of unlicensed wagons. 5. Adulterated.milk. Milkmen to be licensed. § 1 . Xo person shall, by himself or agent, carry on the business of selling or delivering milk to cus- tomers in the city, by means of a wagon, cart or other vehicle, without being licensed so to do, as hereinafter provided, under a penalty of not less than five dollars, nor more than one hundred dollars for each offense. Amount of license. § 2. Every person desiring a license as a milkman shall pay for the same at the following rates: Where a person sells or delivers milk with only one wagon or other vehicle the license fee shall be five dollars per year, and five dollars for each additional wagon or other vehicle used in such business. Name on wagon. § 3. Every person licensed to sell milk shall cause his name to be legibly painted or placed on each wagon or other vehicle used by him in said business. Any person violating this section shall be fined not less than one dollar, nor more than ten dollars for each day he shall neglect or refuse to place his name on such wagon or other vehicle, after being requested so to do by any police officer. Drivers or employees of unlicensed wagons. § 4. AVho- ever, as driver, agept or employee of the owner of any such wagon City of Danville. 173 or other vehicle used in the sale or delivery of milk as aforesaid, or as the employee or agent of the owner of the milk so sold or delivered, shall drive any such wagon or other vehicle, or shall sell or deliver milk as aforesaid, without his employer having a license as required by this chapter, shall be fined not less than three dollars, nor more than fifty dollars for each offense. Adulterated milk. § 5 . Whoever shall sell or offer for sale any milk adulterated with water, or with any other liquid or sub- stance, or any milk produced from any sick or diseased cow, shall, for each offense, be fined not less than ten dollars, nor more than one hundred dollars. And any police officer is hereby authorized and empowered to seize and destroy any such milk sold or offered for sale. CHAPTER XXIII. MISDEMEANORS. Section. 1. Unlawful assemblies. 2. Assaults — fighting — affrays. 3. Disorderly conduct. 4. Permitting unlawful assemblies. 5. Disturbing peace of city or family. 6. Disturbing congregations. 7. False ^larms of fire — cry for asssitance. 8. Drunkenness. 9. Indecent exposure. 10. Obscene books, pictures, etc. 11. Having obscene books, etc., in possession. 12. Obscene writing or figure. 13. Indecent exhibition of animals. 14. Gambling. , 15. Inmates of gambling houses. 16. Gaming houses. 17. Leasing premises for gaming. 18. Duty of police force. 19. Police to destroy gaming implements. 20. Lotteries prohibited. 21. Houses of ill-fame, 22. Inmates of houses of ill-fame. 23. Concealed weapons. 24. Disorderly house. 25. Disturbing funeral. 26. Places of amusement on Sunday. 27. Amusements on Sunday. 28. Places of business open on Sunday. 174 Ordinances of the 29. 30. 31. 32. 33- 34- 35- 36. 37- 38. 39- 40. 41. 42. 43- 44. 45- 46. 47. 48. 49. 50. 5.1. 52. 53. 54- 55- 56 . 57- 58. 59- 60. 61. 62. 63. 64. 65- 66 . 67. 68 . 69. 70. 73 - Cruelty to animals. Fast driving, drunken drivers, etc. Leaving animals unfastened. Scaring horses, etc. Vehicles to pass to the right. Weighing gunpowder — kerosene. Sale of poison. Burglar tools. Orange peel, banannas, etc. Firing cannon, guns, etc. Boys making disturbance, etc. Dangerous sports, kite flying, etc. Throwing stones — slings, etc. Climbing on bridges, fences, trees, etc. Injury to pavements, etc. Injury to bridges, buildings, malicious mischief, etc. Injury to street lamps, telegraph or telephone poles. Lighting or extinguishment of street lamps. Climbing on lamp posts — hitching thereto. Hitching horses to trees, fences, etc. Trespassing, carrying away fruit, etc. Trespassing upon private premises. Posting bills, etc. Injuring gas boxes or water pipes. Ball playing upon streets. Signs indicating sale of liquors. Drinking in public. Vehicles standing on streets. Meddling with fire hydrants. Vagrants. Fast driving over bridges. Idling about depots. Minors to keep off cars. Throwing stones at street cars. Minors climbing on street cars. Entering street cars, refusing fare, etc. Disorderly conduct on street cars. Obstructions to operation of street cars. Bill boards, etc. — when a nuisance. Attempt to commit offense. Accessories. Prostitutes loitering on streets, etc. Ringing of school bells — penalty. Prohibits boys from loitering, etc., about churches, etc. Driving unhaltered horses or mules through the streets. Unlawful assembly. § 1. Any two or more persons who shall assemble for the purpose of disturbing the peace, or of com- mitting any unlawful act, and who shall not disperse when commanded or requested bv any peace officer, shall, each and severally, be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. Assaults — fighting — affrays. § 2. Whoever shall assault, strike or fight another, or attempt or offer to do so, or shall threaten City of Danville. 175 or traduce another, or shall challenge another to fight, or shall agree to fight another, or shall by agreement actually fight another, or shall be guilty of an affray, within the limits of said city, shall be fined not less than three dollars, nor more than two hundred dollars. Disorderly conduct. § 3. Whoever shall disturb the peace, or shall be guilty of any violent, tumultuous, offensive or disorderly conduct, or shall use obscene, offensive, profane or unseemly lan- guage, to the annoyance, disturbance or vexation of another, or shall be guilty of any conduct calculated to provoke a breach of the peace, shall be fined not less than three dollars, nor more than one hundred dollars. Permitting unlawful assemblage. § 4. Whoever shall knowingly suffer or permit any assemblage for the purpose of dis- turbing the peace, or of committing any unlawful act, or shall permit any breach of the peace, or any riotous, tumultuous, offensive or disorderly conduct, or any loud or unusual noise or disturbance, or obscene, offensive, profane or unseemly language, to the annoyance, disturbance or vexation of others, in or upon any premises owned or occupied by him, under his control, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. Disturbing peace of city or family. § 5. Whoever shall disturb the peace and quiet of the city, or any neighborhood, family or person, by loud and unusual noise, shouting, blowing horns, yelling, singing, whistling, or by tumultuous and offensive carriage, or other boisterous and unseemly conduct, shall be fined not less than three dollars, nor more than one hundred dollars. Disturbing congregations. § 6. Whoever shall disturb any congregation or assembly met for religious worship, or forauy other lawful purpose, shall be fined not less than five dollars, nor more than one hundred dollars. False alarm of fire — cry for assistance. § 7. Whoever shall knowingly make or give a false alarm of fire, or any false cry for assistance, shall be fined not less than three, nor more than one hundred dollars. • Drunkenness. § 8. Whoever shall be drunk or shall be in a state of intoxication in any public place, or in any private house or place, to the annoyance of any person, shall be fined not less than two dollars, nor more than fifty dollars. Indecent exposure. §9. Whoever shall purposely or publicly make any indecent exposure of his or her person, or shall appear in 176 Ordinances of the a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other indecent or lewd act or behavior, shall be, subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. Sale of obscene books, etc. § 10. Whoever shall bring within the limits of said city, for the purpose of sale or exhibition, or shall sell or offer to sell, or shall give away or offer to give away, or shall in any manner exhibit, or shall make, draw, print or publish any obscene, indecent or scandalous book, pamphlet, newspaper, journal, print, publication, paper or writing of any kind, or any obscene, indecent or lewd picture, drawing, engraving, card, photograph, model, cast or instrument, or any article of indecent or immoral use, shall, on conviction, be fined not less than twenty-five dollars, nor more than two hundred dollars for each offense. Having obscene books, etc., in possession. §11. Whoever shall keep or have in his possession, within said city, any of the obscene or indecent articles or things mentioned in the last preceding section, with or without intent to sell or dispose of the same, shall, on conviction, be fined not less than five dollars, nor more than fifty dollars. Obscene writing or figure. § 12. Whoever shall, in any place open to public view, write, mark, draw, cut or make any obscene or indecent word, sentence, design or figure, shall be fined not less than five dollars, nor more than one hundred dollars. Indecent exhibition of animals. § 13. Whoever shall inde- cently exhibit any studhorse, bull, jack or other animal.in any public place, or shall let any such animal except in some inclosed place out of public view, shall be subject to a penalty of not less than five dol- lars, and not exceeding one hundred dollars. Gambling. § 14. Whoever shall in any manner gamble or play for money or other valuable thing, or for any check or anything representing or intended to represent money or other valuable thing, at any game with cards, dice, checks, # billiards; or with any other article, instrument or thing whatsoever which may be used for the purpose of playing or betting upon or winning or losing money or other thing of value, or whoever shall bet on any such game when played by others, shall, for either offense, be fined not less than ten dollars, nor more than two hundred dollars. Inmates of gambling houses, etc. § 15. Whoever shall be an inmate of any room, house or place where gaming of any kind City of Danville. 177 is going on or is allowed, or whoever shall frequent the same or shall be found therein, shall, for either offense, be fined not less than five dollars, nor more than one hundred dollars. Gaming house. § 16. Whoever shall keep or maintain any gaming house gr room, or any place where gaming or betting of any kind is done or going on, or whoever shall procure or permit any persons to come together in any house, rooms or place occupied or owned by him or under his control, for the purpose of playing at any game for money or other valuable thing, or anything repre- senting or intended to represent money or other thing of value, or shall permit any such persons to play at any such game aforesaid when they have come together in any such room, house or place as aforesaid, or whoever shall keep or permit to be used in any building, room, yard, or place occupied, controlled or owned by him, or have in his possession any keno or faro table, faro bank, roulette or other gaming implement, instrument, device or thing commonly used for the purpose of gaming, shall, in either case, be fined not less than twenty-five dollars, nor more than two hundred dollars. Leasing premises for gaming. § 17. Whoever shall know- ingly rent or lease to another any building, room or premises to be used or occupied, in whole or in part, as a gaming house or place for persons to come together to play for money or other valuable tiling at any game, or to bet upon any game of chance, or shall knowingly permit the same to be so used or occupied, shall be fined not less than ten dollars, nor more than two hundred dollars. Duty of police force — Refusal of admittance of police — penalty. § 18. It shall be the duty of all members of the police force to report to the mayor, each house, room or place, within the city, wherein gaming of any kind is carried on, or wherein any games, devices, tables or other instruments or things for the purpose of gaming, are or may be set up or maintained ; and said police officers shall use and take all lawful means to suppress- and prevent gaming, or the playing at the tables, games or devices aforesaid, and for this purpose, when and as often as any one of them shall have reasonable cause to suspect that any such table, game or device is set up, kept or maintained as aforesaid, or that any gaming of any kind is being carried on or done in any house, room or place, contrary to the ordinances of the city, he shall make complaint thereof before some police magistrate or justice of the peace, and obtain a warrant authorizing him to enter such building, room or place ; and said police officer shall then have authority to demand entry therein, and 12 178 Ordinances of the any person or persons who shall refuse or neglect to open the door or entrance to such house, room, or place, upon the application of any .police officer having such warrant, shall forfeit and pay a fine of not less than twenty dollars nor more than two . hundred dollars for each offense. Police to destroy gaming implements. §*19. It is hereby made the duty of every member of the police force to seize any table, instrument or device or thing used for the purpose of gaming, and all such tables, instruments, devices or things shall be destroyed. Any person resisting or obstructing any member of the police force in the performance of any act authorized by this section shall be fined not less than twenty-five dollars, nor more th^n fifty dollars for each offense. Lotteries prohibited. § 20. Whoever shall maintain or run or be in any way connected with any lottery, or any other enterprise or business, by whatever name the same may be known, wherein any property is sold or disposed of by chance, or whoever shall sell or dispose of any lottery ticket or share or any chance, or any article or thing entitling or purporting to entitle the purchaser thereof to any chance, or whoever shall sell or dispose of any package or article purporting to contain a prize, or where as an inducement it is held out that such article or package may contain a prize or may entitle the purchaser to some article or thing of value not directly contem- plated and known in the purchase, shall be fined not less than ten dollars, nor more than two hundred dollars for each offense. Houses of ill-fame. § 21. Whoever shall keep or maintain any bawdy house, house of ill-fame or of assignation, or any room or place for the practice of fornication within said city or within three miles from the outer boundaries thereof, or shall knowingly suffer or permit any premises owned or occupied by him or under his control within said city or within the limits aforesaid to be used for that purpose, shall be fined not less than ten dollars, nor more than one hundred dollars. Inmates of houses of ill-fame, etc. § 22. Whoever shall be an inmate of any bawdy house, house of ill-fame, or any room or place for the purpose of fornication situated within said city or within three miles of the outer boundaries thereof, or shall in any way con- tribute to the support thereof or be connected therewith, or whoever shall be found therein, shall, for each offense, be fined not less than five dollars, nor more than one hundred dollars. City of Danville. 179 Concealed weapons. § 23. Whoever shall carry concealed upon or about his person any pistol, revolver, derringer, bowie-knife, dirk, slungshot, metallic knuckles or a razor as a weapon, or any other deadly weapon of like character capable of being concealed upon the person, or whoever shall in a threatening or boisterous manner flourish or display the same, shall be fined not less thau five dollars, nor more than one hundred dollars, and in addition to the said penalty shall, upon ihe order of the magistrate before whom such conviction is had, forfeit the weapon so carried to the city. Disorderly house. § 24. Whoever shall keep a common, ill- governed and disorderly house, to the encouragement of idleness, gaming, drinking, fornication or other misbehavior, shall be fined not exceeding two hundred dollars. Disturbing funeral. § 25. Whoever shall willfully interrupt or disturb any funeral assembly or funeral procession, shall be fined not less than three dollars, nor more than two hundred dollars. Places of amusement open on Sunday. § 26. Whoever shall, on Sunday, keep open any billiard room., ball or pin alley, house, beer garden, ground or other place of amusement, or shall suffer or permit persons to assemble therein for the purpose of amusement or play, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. Amusements on Sunday. § 27. Whoever shall, on Sun- day, play ball, or disturb the peace or good order of sooiety by any play or amusement, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. Place of business open. on Sunday. § 28. Whoever shall, x>n Sunday, (except in cases of necessity or for charitable purposes, or where the party shall conscientiously and on religious principle observe some other day of the week as the Sabbath,) keep open his place of business or pursue his daily business or avocation, or shall require or permit any hand, servant or employee to labor or work at such business or avocation, shall be fined not less than five dollars, and not exceeding one hundred dollars: Provided, This section shall not apply to hotels, eating houses, livery stables, or the operation of street or other railways. Cruelty to animals. § 29. Whoever shall, in any manner or by any means, be guilty of cruelty to any dumb animal, or shall be guilty of turning out and abandoning any old, decrepid or worthless animal upon the public streets or commons, shall be fined not less than five dollars, nor more than one hundred dollars. 180 Ordinances of the Fast driving — drunken drivers. § 30. Whoever shall run,, race or immoderately ride or drive any horse, mule or other animal or any team in any street or alley of said city, or whoever shall ride or drive the same when intoxicated, or whoever shall willfully or heedlessly drive such animal so that such animal or any vehicle attached thereto shall come into collision with any other animal or ’vehicle, or shall strike any person, shall be fined not less than three dollars, nor more than one hundred dollars. Leaving animals unfastened. § 31. Whoever shall leave any horse, mule or other animal attached to any vehicle or convey- ance, in any uninclosed place without being securely fastened or guarded, so as to prevent its running away, shall be fined not less than three dollars, nor more than one hundred dollars. Scaring horses. § 32. Whoever shall, by riding any bicycle in the streets or on the sidewalks of said city, or shall by any other means willfully or negligently frighten any horse, mule or other animal being at the time ridden by any person or attached to any vehicle, shall be fined not less than three dollars, nor more than fifty dollars. Vehicles to pass to the right. § 33. Any person driving any vehicle upon any street, bridge or thoroughfare of said city shall, upon meeting any other vehicle or the cars of the Danville Gas, Electric Light and Street Railway (Company, turn off and drive to the right, so as to pass the same without injury. Any person who shall injure the person or property of another, by violating this section, shall be fined not less than three dollars, nor more than fifty dollars. Weighing of gunpowder — kerosene. §34. Whoever shall, by gaslight, lamplight or any artificial light, weigh any gunpowder or gun-cotton, or draw any kerosene-oil or burning-fluid from any cask or barrel, shall be fined not less than one dollar, nor more than fifty dollars. Poison — sale of. § 35. Whoever shall keep, sell or deliver any poison usually known or used as deadly poison, without legibly marking the name thereof or the word “ Poison ■” upon the vial, wrapper or other inclosure containing the same, or whoever shall sell or deliver anv arsenic, strychnine, prussic acid or other poison usually known or used as a deadly poison to any person known to him, without registering the name of such person, and the kind and quality of the poison sold or delivered and the purpose for which the same was obtained; or whoever shall sell or deliver any such poison to any person to him unknown, shall be subject to a penalty of not less than City of Danville. 181 five dollars, and not exceeding one hundred dollars in each case* But the sale or delivery of any such poison as a medicine, upon the prescription of a practicing physician, shall not be deemed a viola- tion of this section. Burglar tools. § 36. Whoever shall have in his possession any nippers of the description known as burglar’s nippers, or any picklock, skeleton-key, key to be used with a bit or bits, jimmey or other burglar’s tool or instrument of whatever kind or description, unless it be shown that such possession is innocent or for a lawful purpose, shall be fined not less than twenty-five dollars, nor more than two hundred dollars. Orange peel, bananxa, etc. § 37. Whoever shall throw, cast, lay or place on any sidewalk in said city the rind or peel of any orange, bananna, apple or other fruit, shall be fiued not less than one dollar, nor more than ten dollars. Firing cannon, guns, firecrackers, etc. § 38. Whoever shall fire or discharge any cannon, gun, pistol, revolver, or any fire- arm of any description, or shall fire, explode or set off any squib, firecracker, torpedo or other thing containing powder, or othey explosive material, without permission from the mayor so to do, shall be fined not less than one dollar, nor more than twenty dollars. Such permission, when given, shall definitely limit the time of such firing, and may at any time be revoked. Boys making disturbance, etc. § 39. Any two or more boys who may be assembled together and disturbing any lawful assembly of peiams, or making any unusual noise or disturbance, to the clis- • quiet or annoyance of the neighborhood, or who may be found loitering or strolling about in the night-time, and who shall not disperse and go to their several homes when required by the mayor or any police officer, shall each severally be subject to a penalty not exceeding five dollars in each case. Dangerous sports, kite flying, etc. § 40. No boy or other person shall, in the inhabited part of the city, use or drive any hoop, or play with any ball, or use any bow and arrow, or raise and fly any kite or smoke or fire balloon, or fire, explode or set off any fire arms, fire balls, fire crackers, torpedoes, rockets, or other fire works, or shall otherwise pursue any amusement or exercise calculated to impede travel or frighten animals, or injure or annoy persons passing along the streets or sidewalks, under a penalty not exceeding five dollars in each case. 182 Ordinances oe the Throwing stones — slings, etc. — duty of officers. § 41. Any boy, or other person, who shall cast or throw any stone, brick, club, snow ball or other missile at any person, or from or into any public place, or at, against, into or upon any tree, building, premises, or other property, or shall use, play with or have in his possession a sling of any character, or any other instrument or device whatsoever, for the casting or throwing of stone, bullet or other thing, shall be fined not exceeding twenty dollars. And it is hereby made the duty of any police officer of this city, to take possession of, and destroy any such sling, instrument, or device found in the possession of any such boy or person as aforesaid. Climbing on bridges, fences, trees, etc. § 42. Any boy or other person who shall walk upon the top of, any bridge or the railing thereof, or on the top or capping of any fence or railing, or shall climb upon the same, or into any shade, fruit, or* ornamental tree, upon any sidewalk or in any lot or premises, without the consent of the owner thereof, or shall meddle with any public well, cistern, or pump, shall in either case, be subject to a penalty of not exceeding ten dollars. Injury to pavement, etc. — obstructing public improve- ment. § 43. Whoever shall tear up or injure any pavement, Sidewalk, cross walk, drain or sewer, or shall hinder or obstruct the making or repairing of the same, or of any other public work or improvement being done under city authority, shall be fin&d not less than ten dollars, nor more than one hundred dollars for each offense. Injury to bridges, buildings, etc. — malicious mischief. § 44. Whoever shall willfully, maliciously, or negligently destroy, injure, mark, cut, or write upon, or otherwise deface or injure, any bridge or its appurtenances, or any public or private.building, fence, railing or any public property of the state, county or city, or any private property, or be guilty of any kind of malicious mischief, shall be fined not less than five dollars, nor more than one hundred dollars. Injury to street lamps, telegraph and telephone posts,, etc. § 45. Whoever shall willfully, maliciously or negligently break, deface, destroy or in any manner injure any street lamp or lamp post, telephone, electric light or telegraph post, telephone, electric light or telegraph wires, shall be subject to a penalty of not less, than five dollars, and not exceeding one hundred dollars. City of Danville. 183 Lighting or extinguishing street lames. § 46. Whoever shall, without due authority, light or extinguish any 'street lamp, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. Climbing upon lamp posts — hitching thereto, etc. § 47. Whoever shall climb upon any street lamp post, or fasten any horse or other animal thereto, or shall hang or place any goods, boxes, wood or other substance upon or against the same, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. Hitching horses to trees, fences, etc. § 48. Whoever shall hitch or fasten any horse, or other animal to any ornamental or shade tree, or to any fence or railing, or to any building or structure upon any street, alley or sidewalk, shall be fined not less than three dollars, nor more than fifty dollars. Trespassing and carrying away fruit, etc. § 49. Whoever shall trespass upon any private premises, or public grounds, and injure, destroy or carry away any flower, fruit, vegetable, plant, shrub, tree or other thing, which may be there for ornament or otherwise, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars. Trespass upon private premises. § 50. Whoever shall be found trespassing ' upon the premises of another within said city, shall be fined not exceeding fifty dollars. Posting bills, etc. § 51. Whoever shall, without the consent of the owner or occupant of the premises, post or place any hand bill, show bill, placard or notice, or paint any sign or advertisement, upon any tree, fence, wall, barn, out-house, telephone, telegraph, electric light or street railway pole, or building of any kind, shall be fined not less than three dollars, nor more than one hundred dollars. Injuring gas service boxes or water pipes. § 52. Whoever shall willfully remove, injure, destroy or carry away any cap or lid, placed upon service boxes of the gas light company, or service pipes of water works company, upon the sidewalks of the city, shall be subject to a penalty of not less than ten dollars, and not exceeding one hundred dollars. Ball placing upon streets, etc. § 53. Whoever shall play at ball, cricket or other game wherein a ball is used, upon any street 184 Ordinances of the alley, or upon any public ground or place, or upon any private premises without the consent of die owner, or occupant thereof, shall be fined in any sum not exceeding ten dollars. Signs indicating sale of liquors, prohibited when. § 54. No person or persons within the limits of said city, not having a legal license to retail intoxicating liquors, shall exhibit or permit any sign, letters or caricature on the outside of his building or place, nor shall keep nor permit to be kept any bar with bottles, barrels, kegs or other vessels, whatever, whether containing such liquors or not within his building or place, occupied by him or her, indicating or which shall be intended to indicate, that any vinous, spiritous, mixed, malt, or other intoxicating liquors whatever, are kept and sold at such places in less quantity than one gallon, under a penalty of not less than three dollars, and not exceeding one hundred dollars for each day the same shall remain in such place. Drinking a public nuisance. § 55. If two or more persons shall assemble together, or who, being together, shall, in any public place or in anyplace open to public view within the corporate limits of the city or Danville, drink any vinous, spirituous, fermented, mixed, malt or other intoxicating liquors of any kind whatsoever, they shall be deemed guilty of creating a nuisance, and shall each be subject to a penalty of not less than five, and not exceeding one hundred dollars for each offense. Vehicles standing on streets. § 56. Whoever shall leave any sled, cart, dray, buggy or other vehicle, standing in or upon any street or alley of said city, wh’en the same is not in use, shall for each offense be fined not exceeding ten dollars. Meddling with fire hydrant. § 57, Whoever shall, unless authorized by the water works company, the chief of the fire department, or the mayor of the city, take water from any public fire plug or hydrant, or shall remove the cover from the same, or place any earth or other material in any such fire plug or hydrant, or in the box or appendage thereto, or shall in any other manner interfere with or injure the same, shall be fined not less than three dollars nor more than one hundred dollars. This section not to apply to the legitimate use of such fire plugs or hydrants by any fire company of said city. Vagrants. § 58. Any person able to work and support himself by any honest and respectable calling, not having visible means of support, who shall live idly without lawful employment, or shall loiter or stroll about begging, or shall stroll, loiter about the streets or railroad depots, or railroad grounds, or sleep in railroad cars, or be found therein, or frequent gaming houses, disorderly or bawdy houses, groceries, tippling houses, or other places where intoxicating liquors are sold, or shall otherwise lead an idle or profligate course of life; or any person who shall keep any gaming house, or keep or exhibit an} 7 gaming implements for the purpose of gaming therewith, or shall pursue gaming, or who shall keep, maintain or be an inmate of any house of prostitution, or who shall have in his possession any implements used for counterfeiting or for the commission of burglary, or for picking locks or pockets, or any implement or device used by cheats and swindlers, without being phle to give a good account of his possession of the same, or who shall trespass upon private property, or who shall sleep in sheds, stables, out houses, or in the open air, without being able to give a good account of himself or herself, shall be deemed a vagrant, and shall be subject to a penalty of not less than ten dollars, and not exceeding one hundred dollars. Fast driving over bridges. § 59. Whoever shall ride or drive faster than a walk over any bridge in the said city shall, for each offense, be fined in a sum not less than one dollar, and not exceeding ten dollars. Idling about depots — interfering with property, etc. § 60. Any person who shall idle, loaf or loiter in or around the depot of any railway, or upon the platforms or grounds adjoining thereto and used in connection therewith; or shall in any manner impede, obstruct or disturb any officer or employee of such railway while engaged in performing his lawful business connected therewith ; or shall in any manner molest, disturb, meddle with, or take or carry away any property of such company, or any property in course of transportation thereon, without permission from the proper agents or servants of the company operating said railway; or shall in any manner interfere with or disturb any passenger or traveler in or about such depot, platform or grounds, or other person having lawful business to transact there, shall in either case be guilty of a misdemeanor and be fined not less than three dollars, nor more than one hundred dollars. Minors to keep off cars, etc. § 61. Any minor or other person, who shall climb, jump, step, stand upon, cling to, or in any way attach himself to any locomotive, engine or car, either stationary or in motion, upon any part of the track of any railroad, unless in so doing, he shall be acting in compliance with law, or by permission under the lawful rules and regulations of the corporation then 186 Ordinances of the owning or managing such railroad, shall be fined in any sum not exceeding twenty dollars. This section to be applicable to steam railways. Throwing stones etc., at street cars. § 62. Whoever shall throw at or against' any street car, or at or against any animal hitched to the same, or at or against any 'person riding or being on the same, any stone or other missile, shall be fined not less than three dollars, nor more than one hundred dollars for each offense. Minors climbing on sireet cars, etc. § 63. Any minor or other person who shall climb, jump, stand upon, cling to or in any way attach himself to any street car, either standing or moving upon any part of the track of any street railway in said city, unless in doing so, he shall be acting in compliance with law, or by permission under the lawful rules and regulations of the corporation owning or operating said railway, shall be fined in any sum not exceeding twenty dollars. Entering street cars, refusing fare, etc. § 64. Whoever shall enter any street car and shall refuse to pay the lawful fare demanded of him by the driver or conductor thereof' and shall fail or refuse to leave said car when requested so to do by the driver or conductor, shall be fined not less than three, nor more than one hun- dred dollars. Disorderly conduct on street cars. § 65. Whoever shall conduct himself or herself in a noisy or tumultuous manner upon any street car, or who shall be guilty of any conduct upon any such car as shall be calculated to disturb or annoy any person riding or being upon the same, shall be fined not less than three, nor more than one hundred dollars for each offense. Obstructions to operation of street car. § 66. Whoever shall place or leave upon any track or rail of any street railway in said city any stone or other obstruction, or shall in any manner injure any such track or rail, or shall unnecessarily impede or obstruct the running of any street car on said track or rail, or shall injure or deface any street car or any portion thereof, shall be fined not less than three, and not more than one hundred dollars for each offense. A nd a refusal or failure by any person driving or riding upon or along any such track or rail to leave the same, so as to allow such street car to pass, when warned to do so by the ringing of the bell upon such street car, shall be deemed an obstruction of such rail or track within the meaning of this ordinance. City of Danville. 18 ' BrLL boards — WHEN a nuisance. § 67. Whoever slial 1 erect, keep or maintain any bill-board or board for advertising upon in any public ground or place, or upon any private premises adjacent to any sidewalk, street or footway, the same being so erected as to occasion danger or inconvenience to the public, shall be deemed guilty of a nuisance, and be fined not less than five dollars, nor more than twenty dollars. Attempt to commit offense. § 68. Whoever attempts to commit any offen.se prohibited by ordinance, and does any act toward it but fails, or is intercepted or prevented in its execution, where no express provision is made by ordinance for the punishment of such attempt, shall, on conviction of such attempt, be subject to the same penalty as by ordinance prescribed for the actual commission of the offense. Accessories, etc. § 69. Whoever aids, abets, assists, advises, or encourages the commission of any act prohibited by ordinance, or by any indirect means procures any such offense to be committed, or whoever commits an offense through the intervention of an agent, servant, employee or person under his control, shall be deemed guilty to the same extent, and may be proceeded against in the same man- ner as though said offense had been committed by him directly and with his own hand. And any such agent, servant or other person, doing any prohibited act for and on behalf of another shall be deemed guilty of such act equally with his employer or principal, and be subject to the same penalty, except in such cases where a different or other penalty is provided by ordinance for such agent or employee. Prostitutes loitering on streets, etc. § 70. Any lewd woman or prostitute who shall in any manner ply her vocation upon the streets, alleys, public places or parks of said city by loitering or in any manner soliciting to acts of lewdness, or who shall be found loitering on the streets during the night-time, shall, u£>on conviction, be fined in any sum not less than three dollars, nor more than one hundred dollars for each offense. Ringing of school bells. § 71. No bell of any school house or building used for school purposes within said city shall be rung between the hours of eight o’clock in the evening and six o’clock and thirty minutes the following morning from May 1st to November 1st, and from seven o’clock in the evening to six o’clock and thirty minutes the following morning from November 1st to May 1st of each year. Any person violating the provisions of this section shall be fined in any sum not less than five dollars, nor more than 188 Ordinances of the ten dollars for each offense : Provided , That this section shall not apply where such bells are rung in case of fire, for fire alarm. Prohibits boys from loitering, etc., about churches, etc. § 72. It shall be unlawful for boys to loiter or congregate upon the streets, sidewalks or alleys of this city in the vicinity of any church, school, theatre, hotel, railroad depot, store, factory or other public place, to the annoyance or disturbance of any person or persons. Any two or more boys who shall be loitering or strolling about the streets or alleys, or who shall congregate upon the streets, sidewalks or alleys of the city in the vicinity of any such church, school, theatre, hotel, railroad depot, store, factory or other public place, and who shall refuse to disperse and go to their respective homes when requested to do so by anv member of the police force or by any person annoyed thereby, shall, upon conviction, be fined not less than one dollar, nor more than ten dollars for each offense. Driving unhaltered horses or mules through the streets. § 73. It shall be unlawful to drive any horses or mules through the streets and alleys of this city* unless they be securely haltered or controlled and led by any person who is competent and having control thereof. Any person violating the provisions of this section shall be fined not less than three dollars, and not more than thirty dollars. I City of Danville. 189 CHAPTER XXIV. NUISANCE. Section. i. Pens and stables. *2. Accumulation of manure. 3. Suffering premises to become foul. 4. Foul liquids, etc. 5. Depositing offensive matter in river, etc. 6. Green and salted hides — a nuisance. When. 7. Dead animals. 8. Removal of dead animals. 9. Trap doors, gratings, etc. 10. Removal of offensive matter. 11. Carts and vehicles carrying offensive matter. 12. Slaughter houses — other offensive establishments. 13. Operating slaughter houses, etc., in offensive manner. 14. Permits for slaughter houses, etc. 15. Time for which permits shall issue. 16. Stagnant water. 17. Dilapidated buildings. 18. Ordinance of abatement. 19. Notice to owner — building destroyed, etc. 20. Cost of abatement — suit against owner. 21. Penalty for not obeying notice. 22. Building in danger of falling. 23. Duty of mayor. 24. Dangerous scaffolds. 25. Duty of police. 26. Author of nuisances unknown, etc. 27. Washing buggies on street or walk. 28. Not to erect stable, etc., near street, etc. Pens and stables. § 1. Any pen, stable, lot, place or premises in which any animal or poultry may be kept or confined, and which 'shall become nauseous, foul or offensive, or from any cause become an annoyance to the neighborhood, family or person, shall be deemed a nuisance. And the owner or keeper of any such animals or poultry, or the owner or occupant of such premises, who, upon being notified by any police or other officer of said city to abate, remedy or remove such nuisance, within a time to be specified in said notice, shall neglect or refuse so to do, within the time specified, shall be fined not less than three dollars, nor more than one hundred dollars, and he shall be subject to a like penalty for each day he shall suffer or permit such nuisance to remain after the expiration of the time fixed by said notice for the abatement of the same. Accumulation of manure — a nuisance. § 2. Whoever shall suffer to accumulate on any premises owned or controlled by him 190 Ordinances of the any heap or stack of manure in such manner as to emit noxious, disagreeable or offensive smells, to the annoyance of any person or family, or whoever shall place any such manure upon any public street, alley or common, shall be deemed guilty of a nuisance. And if such person, upon being notified by any police or other officer of said city to abate, remedy or remove such nuisance, within a time to be specified in such notice, shall neglect or refuse so to do, shall be fined not less than three dollars, nor more than fifty dollars, and he shall be subject to a like penalty for each day he shall suffer or per- mit such nuisance to remain after the expiration of the time fixed by the said notice for the abatement of the same. Suffering premises to become foul. § 3. Whoever shall suffer or permit any cellar, vault, drain, pool, privy, sewer, yard, grounds or premises owned, occupied or controlled by him, to become from any cause nauseous, foul oj offensive, or injurious to public health, or unpleasant and disagreeable to adjacent residents, or to any person passing along any street or alley near the same, shall be deemed guilty of a nuisance : and if such person, upon being notified by any police or other officer to abate, remedy or remove such nuisance, within a time to be specified in said notice, shall neglect or refuse so to do, he shall be fined not less than three dollars, nor more than one hundred dollars ; and he shall be subject to a like penalty for each day he shall suffer or permit such nuisance to remain after the expiration of the time fixed by said notice for the abatement of the same. Foul liquors, etc. § 4. Whoever shall place, deposit, throw, leave or permit to remain, or shall cause or permit to flow, liquid, slops, animal or vegetable matter or substance of any kind, which is, or is likely to become rotten, foul, nauseous, putrid or offensive, in or upon any premises owned, controlled or occupied by him, or into or upon any adjacent premises, or upon the premises of any other person, or into any street, alley or common, shall be guilty of a nuisance, and shall be fined not less than three dollars, nor more than one hundred dollars. Depositing offensive matter in river, etc. § 5. Whoever shall deposit, throw, discharge, or leave any nauseous, foul, offensive or putrid liquor, substance or excrement, or any liquid or substance likely to become nauseous, foul, offensive, putrid, or cause the same to be done, upon the margin, banks, or into the waters of the Vermilion river, or any of its forks or branches, or into Stoney creek, within the limits of said city, or upon any premises, or upon City of Danville. 191 the banks or in the waters of any of said streams, within one-half mile of said city, shall be fined not less than three dollars, nor more than one hundred dollars. Green and salt hides — when a nuisance. § 6 . Whoever shall keep in store in any building, cellar or place within said city, any green or salted hides, pelts or skins, for such a length of time, or in such a manner that they shall become foul, nauseous or offensive by reason of their bad oder, shall be deemed guilty of a nuisance. And if such person, upon being notified by any police or other officer of said city, to abate, remove or remedy such nuisance, within a time to be specified in such notice, shall neglect or refuse to do so, he shall be subject to a penalty of not less than five dollars, nor more than one hundred dollars ; and he shall be subject to a like penalty for each day after the expiration of the time specified in said notice, he shall permit such nuisance to remain. Dead animals. § 7. Whoever shall knowingly suffer any dead animal belonging to him to remain within said city, or within one-half mile from the limits thereof, so as to be, or likely to become offensive in any manner to any person, shall be deemed guilty of a nuisance, and shall be fined not less than three dollars, nor more than one hundred dollars. Removal of dead animals. § 8. Any person removing any dead animal, who shall pYirposely or unnecessarily cause the same to be offensive or annoying to any other person, shall be subject to a penalty of not less than three dollars, nor more than one hundred dollars. Trap doors, grating, etc. § 9. Whoever shall keep or leave open, or suffer to be left or kept open, any cellar door, or trap door, or the grating of any vault, in or upon any sidewalk, street or alley, shall be deemed guilty of a nuisance, and shall be fined not less than three dollars, nor more than one hundred dollars. • Removal of offensive matter. § 10. All putrid or offensive matter, and all night soil, and the contents of sinks, privies, vaults, cess-pools, and all noxious substances in said city shall, before their removal or exposure, be disinfected and rendered inoffensive, by the person who removes, or is about to remove the same. Any person violating this section shall be fined not less than three dollars, nor more than one hundred dollars. 192 Ordinances of the Carts and vehicles carrying offensive matter. § 11. The bed, boxes, tubs, or other receptacle on any cart, wagon or other vehicle, used for the purpose of removing any offal, swill, slops, garbage, or the contents of any privy, vault, or cess-pool, or any other putrid or offensive liquid or substance, shall be so constructed and maintained, so that no part of the contents thereof shall fall, leak or spill therefrom; and shall be tightly covered so as to prevent the same from being offensive. Any person violating this section or any part thereof, either as owner or employee, shall be fined not less, than three dollars, nor more than one hundred dollars. SlAUGATER HOUSES OTHER OFFENSIVE ESTABLISHMENTS. § 12. , Whoever shall locate, erect, carry on, occupy or use any slaughter house, for slaughtering animals, or any packing house, soap factory, tallow chandlery, bone factory, or any establishment for rendering lard, tallow, offal, dead animals or other substances of like nature, within the limits of said city, or within the distance of one mile without the city limits, without the permission of the city council, shall be deemed guilty of a nuisance, and shall be fined not less than five dollars, nor more than one hundred dollars. Operating slaughter houses, etc., in offensive manner. § 13. Whoever shall conduct, keep, maintain or operate any slaughter house, packing house, soap factory, tallow chandlery, bone factory or other establishment for renderingTard,. ttillow, offal, dead animals or other substances of a like nature, within the limits of said city, or within one mile of said limits, in such a manner that the said premises shall become foul, or offensive, or shall emit or give out bad, offensive or unwholesome smells or odors to the annoyance or detriment of any community, family or person, shall be deemed guilty of a nuisance. And if such person, upon being notified by any police or other officer of said city, to renovate or cleanse said premises, or to abate, remedy or remove such nuisance, within a time to be specified in said notice, shall neglect or refuse so to do, he shall be fined not less than five dollars, nor more Than one hundred dollars; and he shall be subject to a like fine for each day he shall suffer or permit such nuisance to remain after the time fixed in said notice for the abatement of the same. Permits for slaughter houses, etc. § 14. Any person desiring to obtain a permit to locate or operate a slaughter house, or any of the establishments enumerated in section 10 of this chapter, within the limits of said city or within one mile without said limits, City of Danville. shall make a written application therefor to the city council, sta.ing the business he is desirous of pursuing, and specifying the location or premises where the same is to be conducted. Said city council may thereupon grant the said permit, in its discretion, and if such permit is granted the applicant, before he can do business under the same, shall execute to the said city a bond in the penal sum of five hundred dollars, with one or more sureties to be approved by the mayor, conditioned that the said applicant will comply with all ordinances then or thereafter in force regulating such establishments or such business, and that he will pay all fines or penalties or judgments recovered against him by said city before any court of competent jurisdiction, for the violation of any ordinance of said city relating to said business, and that he will also pay all costs, charges or expenses incurred by said city, or any of its officers, in cleansing or renovating the premises, or in abating or removing any nuisance thereon, where the said business shall be carried on. Time for which permits shall issue. § 15'. Where any person to whom any such permit shall be granted, shall be convicted of a violation of any ordinance of the city regulating such establish- ments before any court of competent jurisdiction, then the city council, in its discretion, may revoke such permit and declare the same null and void. Stagnant water. § 16. Any lot or premises upon which stag- nant water may be standing, and which is, or is likely to become foul and offensive to any person residing near the same, or to persons passing by the same, is hereby declared a nuisance. And the owner, occupant, or person having control of such lot or premises, who shall not abate, remedy or remove such nuisance, when notified so to do, by the marshal or other police officer of said city, within the time in such notice specified, shall be deemed guilty of a nuisance, and be fined not less than three dollars, nor more than one hundred dollars; and he shall be subject to a like peualty for each day he shall permit such nuisance to remain after the expiration of the time fixed in said notice for the abatement of the same. Dilapidated buildings. § 17. Any wooden building or wooden part of any building which maybe situated within thirty feet of any contiguous building, and which may be in danger of becoming on fire or setting on fire any contiguous building, by reason of being dilapidated, out of repair or untenantable, or by reason of any fire- place, grate, stovepipe, furnace or chimney, or any other structure or apparatus therein used or intended to be used for the purpose of holding, conducting or securing any fire, being insufficient or being improperly or insufficiently secured, is hereby declared a nuisacne. 13 194 Ordinances of the Ordinance for abatement. § 18. When any such building or part of a building shall be reported to the city council, the same shall be referred to the committee on fire and water, or other appropriate committee, who shall examine such building or part of a building, and report the condition thereof; and if the city council shall be satisfied that such building is within thirty feet of any contiguons building, or in danger of becoming on fire or setting fire to any contiguous building, by reason of any of the causes mentioned in the last preceding section, they may, by the passage of an ordinance, declare such building or part of a building to be a nuisance, stating the cause thereof, and require the owner or occupant of such building or part of a building, or other person liable therefor, to remove such building without the city limits, or to make good and properly secure any such fire-place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus in such building or part of building, used or intended to be used for the purpose of holding, conducting or securing any fire, or require him, her or them otherwise to abate, such nuisance within such time as they may deem necessary. Notice to owner — building to be destroyed. § 19. The mayor shall, without delay, after the passage of such ordinance as mentioned in the last preceding section, make out, sign and deliver to the marshal, a notice containing a copy of such ordinance, directed to the owner of such building or part of a building, requiring him to remove the same, or to make good and properly secure such fire-place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus therein, used or intended to be used as aforesaid, in compliance therewith. The marshal shall, without delay, serve such notice upon the owner of such building or part of building, or his agent, and the person in actual occupancy thereof, if any, retaining a copy thereof ; but if the owner is a non-resident of the city and has no known agent residing in this city, the mayor shall send the notice to him by mail, directed to him at the post office at which he usually receives his letters, if known, retaining a copy thereof. If no owner or his agent can be found in the city, and the owner’s place of residence is unknown, or if the owner is unknown, the mayor shall cause the ordinance to be published at least twice in the newspaper publishing the ordinances of the city, which shall be deemed sufficient notice to all persons. If any such building or part of a building shall not be removed, or such fire-place, stove, grate, stove-pipe, funnel or chimney, or other structure or apparatus therein, used or intended to be used as aforesaid, shall not be made good and properly secured, in compliance with such City of Danville. 195 notice at the expiration of the time named therein, the mayor shall order the city marshal to move or tear down such building or part of a building, or so much thereof as may be necessary, or in some other manner to remedy such danger and abate such nuisance. Report of cost of abatement — suit against owner. § 20. The marshal shall, without delay, execute the order of the mayor, and shall report the costs of so doing upon oath to the city council, and the same may be collected of the owner of the building or the occupant thereof, or any person liable therefor, by suit in the name of the city, before any court having jurisdiction. Penalty for not obeying notice. § 21. Any owner of any such building, who shall, when notified so to do, neglect or refuse to remove the same, or any such owner or any occupant thereof who shall neglect or refuse to make good or perfectly secure any such fire-place, grate, stove, stove-pipe, funnel or chimn'ey, or other structure or apparatus therein, used or intended to be used as aforesaid, or otherwise to abate such nuisance in compliance with such notice, shall be subject to a penalty of not less than twenty dollars, and not exceeding one hundred dollars. Building in danger of falling. § 22. Any building or erection, or part thereof, which shall be in danger of falling, or otherwise in such condition as to endanger the safety of persons passing under or near the same, or residing adjacent thereto, or to endanger any property contiguous thereto, is hereby declared to be a nuisance. Duty of may t or. § 23. When knowledge of any such dangerous building or erection shall come to the mayor, he shall, without delay, summon three disinterested citizens of the city, who shall with him inspect such building or erection, and if they, or a majority of them, shall be of the opinion that the same endangers the safety of persons passing under or near the same, or residing adjacent thereto, or any property contiguous thereto, the mayor shall, without delay, notify, or cause to be notified the owner or person having charge of such building or erection forthwith to remove, demolish or otherwise secure the same, or such part thereof as may be necessary ; and upon his failing or refusing to comply with such notice, the mayor shall, without delay, cause such building or erection, or such part thereof as may be necessary to be removed, demolished or otherwise secured, so as to be safe and harmless, and the owner of such building or erection, or person having charge of the same, who shall fail or refuse to comply with such notice shall be subject to a 196 Ordinances of the penalty of not less than twenty dollars and not exceeding one hundred dollars ; and the costs of removing, demolishing or securing such building or erection, shall be reported to the city council by the mayor, and the same may be collected of the owner of such building or erection, or person having the same in charge, by suit in the name of the city, before any court having jurisdiction. Dangerous scaffolds, etc. § 24. All scaffolds or other erec~ • tions used in the erection of any building shall be made secure and sufficiently wide to insure the safety of persons working thereon or passing under the same against the falling thereof, or of materials placed thereon. Any scaffold or other erection which may be other- wise constructed shall be deemed a nuisance, and whoever shall construct or use any such insecure or dangerous scaffold or other erection shall be subject to a penalty of not less than ten dollars, and not exceeding one hundred dollars, and upon his refusal to remedy or remove the same forthwith, when required by the mayor, the supervisor or any police officer, the officer shall cause the same to be done, and the costs of such removal or remedy shall be collected of the owner or builder, or person having control thereof, and recovered by suit in the name of the city before any court having jurisdiction. Duty of police — notice — costs of abatement, etc. § 25. When any nuisance, or anything likely to become a nuisance, shall be found by the city marshal, policeman, member of the board of health or other officer of said city, or if such nuisance shall be reported to them or either of them, it shall then be the duty of the city marshal to serve, or cause to be served, a notice upon the owner, tenant or occupant of the premises where such nuisance exists, or the author of the same, thereby notifying him to abate, remedy or remove the same within a certain time, to be specified in said notice, which shall not be less than twelve hours, nor more than thirty days, owing to the nature or character of the nuisance complained of. In ctisethe person so notified shall not comply with said notice, the marshal or any police officer of said city shall enter upon the premises where such nuisance exists, and abate, remedy or remove the same, and shall forthwith bring suit against such person in the name of the city for the penalty incurred by the violation of this chapter, or any section thereof ; and the costs of the abatement or removal of such nuisance may also be recovered with the penalty, or by a separate suit in the name of the city, before any court having jurisdiction. Where owner or author of nuisance is unknown or cannot be found. § 26. When any nuisance, or anything likely to become a nuisance, is found upon any premises, and the owner,. City of Danville. 191 tenant or occupant of said premises, or the author or cause of such nuisance, cannot be found or is unknown, the city marshal or any policeman of said city shall forthwith enter upon said premises and abate, remedy or remove such nuisance. The city marshal shall report to the city council the cost and expense of the abatement of .such nuisance, and a suit to recover the amount thereof shall be instituted in the name of the city against the owner or occupant of said premises or agaiust the author of such nuisance in any court of competent jurisdiction where he shall be found. Washing buggies on streets or sidewalks. § 27. The washing or cleaning of any carriage, buggy, gig, wagon, cab or other vehicle in or upon the streets or sidewalks of the city is hereby declared a nuisance, and any person or persons violating the provis- ions of this section shall be fined in any sum not less than five, nor more than twenty dollars. Not to erect any stable, etc., near any street, etc. § 28. It shall be unlawful for the owner of any lot, part of lot or parcel of land within the city to erect, build or locate thereon any stable, pig-sty or privy nearer than twenty feet to any street, avenue, park or public ground in said city. Any person who shall violate the provisions of this section shall be fined in any sum not less than three, nor more than fifty dollars. CHAPTER XXV. OFFICERS. Section. 1. Officers appointed. 2. Oath of office. 3. Official bonds. 4. Sureties — city attorney to prepare bond — new bond. 5. Commissions, etc. 6. Officers to pay money over. 7. Salaries payable — when. 8. Records, of city open to inspection. 9. Officers absent. 10. Removal or absence from city. 11. Liability for damage. 12. Duties of city attorney. 13. Duties of city clerk. Officers appointed. § 1. Ther§ shall be appointed annually by the mayor, with the approval of the city council, the following 198 * Ordinances of the city officers, viz : A city marshal, night captain, chief of fire depart- ment, engineer of the fire department, and such number of police and firemen as the city council may by resolution deem necessary and expedient. Oath of office. § 2. All officers, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of. according to the best of my ability.” Official bonds. § 3. All officers, whether elected or appointed, (except aldermen,) shall, before entering upon the duties of their respective offices, execute a bond, with security to be approved by the city council, payable to the city of Danville, in such penal sum as may by resolution or ordinance be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city: 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 fifed with the treasurer). Sureties — city attorney to prepare bond — new bond. § 4. No member of the city council or officer of the city shall be received as surety on the official bond of any city officer hereby created and provided for, and herein required to execute bond as city officer. All official bonds shall be drawn by the corporation counsel, or submitted to him after being drawn up, for his approval of the form thereof, and shall then be submitted to the city council for their approval, which, when given, the city-clerk shall certify thereon, and shall file and preserve the same in his office (except the bond of the city clerk, which shall be filed with the treasurer). The city council may at any time require a new bond to be executed by any city officer, if from any cause they shall deem the old bond insufficient, or the securities thereon ; but the execution of such new bond shall not in any manner affect any liability, loss or damage incurred under the old bond, or release the sureties from any liability incurred thereon. All bonds or contracts shall be written or printed, or partly both, in a plain anti legible manner. City 'of Danville. 199 Commissions. § 5 . All officers (except the clerk, aldermen and mayor) shall be commissioned by warrant, under the corporate seal, signed by the clerk andanayor or presiding officer of the city council. The mayor shall issue a certificate of appointment or election, under the seal of the city, to the clerk thereof, and any person having been an officer of the city shall, within five days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession belonging to the city, or appertaining to his said office, and upon his refusal to do so shall be liable for all damages caused thereby, and sha*l 1 be subject to a penalty of not less thau twenty-five dollars, and not exceeding two hundred dollars. Officers to pay money over. § 6. All officers collecting or receiving any moneys on account of the cfty shall pay the same, as fast as collected, into the city treasury in the same kind of funds as received by them, and shall, on the first Thursday of each month, report to the city council an accurate statement of all the moneys received by them for the preceding month, specifying the amount, from whom and on what account received. No officer shall retain any moneys received or collected by him toward the payment of any salary or fees which may be coming to him from the city, but shall pay the same into the treasury. Any officer violating any pro- vision of this section shall be subject to a penalty of not less than ten dollars, and not exceeding two hundred dollars. Salaries payable — when. § 7. The salaries of the city officers, unless otherwise specially provided, shall be payable monthly, on the first Thursday of each month, and they shall present their accounts to the city council for adjustment or payment, but no warrant shall be drawn in favor of any officer for his salary until he shall have filed his report as herein required, nor shall any warrant in any case be drawn in favor of any officer who shall be in default or arrears with the city. Records of city open to inspection. § 8. The records, books and papers pertaining to any city officer shall, at all reasonable times be subject to the inspection and examination of the mayor, the city council or any of its committees, or any person interested in the same ; and all city officers shall, when requested, give all the information in their power pertaining to their respective offices, to the city council or any of its committees, or any other department of the city government. Officers absent. § 9. When any particular officer required by ordinance to execute any particular duty, shall be absent, or 200 Ordinances of the incompetent, or otherwise unable to discharge such duty, the mayor or mayor pro tern., may assign the discharge of such duty to some other officer, and such officer shall act in such case with the same power and authority as is specially named in # the ordinance. Removal or absence from city. § 10. If any city officer shall remove from the city, or absent himself therefrom for one month without permission of the city council first had and obtained, his office shall be vacated. Liability of officers for damage. § 11. All officers shall be liable to the city for all loss or damage which may arise from their negligence or willful misconduct in the discharge of any official duty, and the city council may, in its discretion, by order, withhold the salary of any such officer,, in order to secure the city from loss. And if any officer shall fail, neglect or refuse to discharge or perform any duty required of him, the mayor may employ or appoint some competent person to perform such duty, and the costs and expenses of doing the same shall be charged to such officer and deducted from his salary, or if his salary shall be insufficient to pay the same, they may be collected from him and recovered by suit in the name of the city, before any court having jurisdiction. Duties of city attorney. § 12. It shall be the duty of the city attorney to prosecute all suits for the recovery of fines or penalties, before any court, for the violation of any of the laws or ordinances of said city, to furnish his written opinion upon any legal question submitted to him for such opinion by the city council, and to attend all meetings of said council, when requested so to do ; and he shall also make any reports concerning any suits to which the city may be a party, whenever directed so to do by the council. He shall also assist the corporation council in all suits brought against the city or any of its officers whenever called upon so to do. Duties of city clerk. § 13. The city clerk shall keep the corporate seal of said city, and all papers belonging to the city. He shall attend all meetings of the city council, and keep a full record of its proceedings in its journal. He shall keep full and complete accounts and exhibits of all financial transactions of the city, to be entered upon such books as are provided for that purpose, including in such accounts all claims against the city, as the same may be allowed, and all orders for the payment of money granted, and on what account. He shall preserve in his office all bills on which any money may be paid out by the city, which shall be neatly folded and endorsed with the name of the payee thereon. City of Danville. 201 He shall issue all licenses, in accordance with the ordinances of the city, and shall keep a record in a suitable book of each license granted, to whom granted, for what purpose, for what length of time, the location of the place of business for which the license was obtained, and the amount of license fee paid. He shall also act as the clerk and disbursing agent of the committee on streets and alleys, and committee on bridges, and committee on public buildings and grounds. He shall perform such other and further duties pertaining to his office as may be necessary,, or as the city council may from time to time direct. CHAPTER XXVI. ORDINANCES. Section. 1. Ordinance repealed in force till when. 2. Conflict of ordinances. 3. “ Court ” defined. 4. Effect of repeal of repealing ordinance. 5. Construction of certain words. 6. Power of mayor pro tem — marshal and police. 7. Rules of construction. 8. Fines, etc., not released by repeal of ordinance. 9. Two offenses — election of prosecutor. 10 Enrollment of ordinances. 11. Ordinances in force. Ordinance repealed in force till when. § 1 . When any ordinance or part of an ordinance shall be repealed pr modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying the same takes effect, unless it shall be therein otherwise expressly provided. Conflict of ordinances. § 2. When the provisions of different ordinances or of the different chapters of any ordinance conflict with or contravene each other, the provisions and requirements of each ordinanoe or chapter shall prevail as to all subjects, matters and questions arising out of or embraced within the subject-matter thereof. But if different provisions be found in different sections of the same ordinance, the provisions of the section which is last in numerical ordePshall prevail, unless such construction would be repugnant to or inconsistent with the meaning of such ordinance or chapter. 202 ORDINANCES OF THE “ Court ” defused. § 3. The word “court,” when used in any ordinance, shall be construed to mean any court of competent juris- diction, whether police magistrates’ courts, justices of the peace, or courts of record. Repeal of a repealing ordinance — effect. § 4. No ordi- nance or part of any ordinance repealed by any other ordinance shall be revived by the repeal of the repealing ordinance, unless it shall be therein otherwise expressly provided. Construction of certain words. § 5. When in any ordinance words importing the singular number are used in reference to any person or subject-matter, such words shall be deemed to extend to and embrace several persons, matters or subjects, and words used collectiyely or importing the plural number shall be deemed to extend to and embrace any singular person, matter or subject' as well as to several ; and when auy person or subject-matter shall be named, referred to or described bywords importing the masculine gender, or by general terms, females as well as males shall be deemed included in the meaning and terms thereof, and the words “ person ” or “ persons,” or words importing any person or persons, shall be deemed to include corporations as well as individuals. The word “month,” when used in any ordinance, shall be construed to mean a calendar month ; and the word “ oath” shall be deemed to include an affirma- tion, and the word “sworn” to mean sworn or affirmed. Power of mayor pro tem. — city marshal and policemen. § 6. When any duty shall be required of or power vested in the mayor, the same shall be deemed to extend to and embrace and may be exercised by the acting mayor, or mayor pro tem., also ; and when any duty shall be required of or power vested in the city marshal, the same shall be deemed to extend to and embrace and may be exercised by policemen, unless such construction would be contrary to the terms of the ordinance or in derogation of the city charter. Rules of construction. § 7. The rules of construction herein prescribed shall apply in all cases, unless it shall be otherwise expressly provided in the ordinance, or unless there be something in the subject-matter or context thereof repugnant to such construction, and all general terms, provisions, phrases or expressions used in any ordinance shall be liberally construed, in order that the true meaning and intent of the city council may be carried out. Fines, etc., not released by repeal of ordinance. § 8. No fine, forfeiture, penalty, right, action, suit, debt or other liability whatever, created, instituted, incurred or accrued by or under any City of Danville. 203 ordinance prior to its repeal or modification, shall he released, dis- charged, amended or repealed, or in anywise affected by the passage of such repealing or modifying ordinance, but the same may be prosecuted, recovered or enjoyed, or any suit or other proceeding commenced or completed thereon as fully and in the same manner in all respects as if such ordinance or part thereof had remained in full force, unless it shall be otherwise expressly provided in the ordi- nance making such repeal or modification. TWO OFFENSES — ELECTION OF PROSECUTOR. § 9. When ally fine or penalty shall be imposed by different ordinances, or sections or clauses of different ordinances, for the same offense, the officer or person prosecuting may choose under which ordinance or section to proceed, and a recovery under the same shall be,a bar to any further proceedings under any other provisions for the same offense. Enrollment of ordinances — duties of clerk. §10. All ordinances passed by the city council shall be enrolled by the city clerk in the record book of ordinances, and shall be properly indexed by their titles or subjects, and he shall, without delay, cause all ordinances required by law to be so published, to be published in the newspaper authorized to publish the ordinances of the city, with his certificate, under the corporate seal attached, that the same is a true and authentic copy of the original ordinance (or ordinances), and that it is printed and published by authority of the city council. He shall procure the affidavit of the. printer or publisher of the newspaper publishing the ordinances of the city of the due publica- tion of such ordinance, and attach the same to the original ordinance, or he may write and attest such affidavit, or any other competent proof of such due publication upon the face of the record of ordi- nances. The city clerk shall file and preserve the originals of all ordinances in his office, and he may correct any errors in the num- bering of any chapter or section of any ordinance and insert the proper numbers* and he may omit words inserted, or supply with brackets words omitted by clerical mistake. He shall attend to the printing of all ordinances requiring publication or ordered to be published, and read the proof-sheets thereof, and see that they are correctly and properly printed and published. Old ordinances in force. § 11. All ordinances now in force in the city of Danville, and not inconsistent with these, the revised ordinances, shall remain in force under these ordinances until altered, modified or repealed by the city council, after these, the revised ordinances, shall take effect. All ordinances or parts of ordinances in conflict with these revised ordinances, or any chapter or section thereof, are hereby repealed. 204 Ordinances of the CHAPTER XXVII. PARKS. Section. 1. Committee on public grounds, etc., to have charge. 2. Entering parks, etc. — climbing on fences. 3. Turning animals into park, etc. 4. Firearms — shooting — fireworks prohibited. 5. Injury to trees, grass, buildings. 6. Selling, hawking, peddling, etc., forbidden. 7. Bathing, fishing, etc., prohibited. 8. Abusive, profane language, etc., prohibited. 9. Gaming, etc., prohibited. 10. Intoxicated persons, indecent or unlawful acts. 11. Fires in parks forbidden. 12 Carriage on turf, etc. — hitching horses to trees, etc. 13. Throwing stones, rubbish, etc., in parks. 14. Posting bills, etc., forbidden. Committee ox public grounds, etc., to have charge of parks. § 1. It shall be the duty of the committee on public grounds and buildings to superintend all inclosed public grounds or parks in said city, and keep the fences thereof in repair, the walks in order, the trees properly trimmed, and to improve the same according to plans approved by the city council. Penalty for leaving park except at gateways — climb- ing on fence, etc. § 2. Whoever shall enter or leave any of the public parks of this city except by their gateways, or shall walk or climb upon any of the fences inclosing or in the same, shall be fined not less than one dollar, nor more than ten dollars for each offense. Turning animals into park prohibited. § 3. Whoever shall turn any cattle, horses, goats, swine or other animals into any park of said city, or permit the same, or any of them, to run therein, shall be fined not less than three dollars, nor more than fifty dollars for each offense. Firearms and fireworks forbidden. § 4. Whoever shall carry any firearms into said parks, or shall fire off or discharge the same in or into said parks, or any of them, or whoever shall shoot, fire or discharge any kind of fireworks therein, shall be fined not less than one dollar, nor more than one hundred dollars for each offense. Injury to trees, grass, buildings, etc. § 5. Whoever shall cut, break or injure in any way any tree, shrub or plant in any such park, or shall cut, tramp or injure in any way the turf or grass 205 City of Danville. therein, or shall walk or lie upon the grass at any place where placards are posted directing persons to keep off, or not to walk on the same, or shall cut, mark, deface or in any way injure any of the buildings, fences, bridges or other constructions or prop- erty of any kind in any such park, shall be fined not less than one dollar, nor more than one hundred dollars for each offense. Selling, hawking on peddling fokbidden. § 6 . Whoever, not having a license so to do, shall sell, or offer to sell, any article or thing in any such park, or shall hawk or peddle any article or thing therein, or attempt so to do, shall be fined not less than three dollars, nor more than one hundred dollars. Bathing, fishing, etc., prohibited. § 7. Whoever shall bathe, fish in, or ride or drive any animal in the waters of any such park, or throw any rubbish or garbage or other thing into any stream or waters of such park, shall be fined not less than three dollars, nor more than ten dollars. Abusive language, etc. § 8. Whoever shall use any threat- ening, abusive, insulting, profane or indecent language in any part of any such park, shall be fined not less than three dollars, nor more than one hundred dollars. Gaming, etc., prohibited. § 9. Whoever shall gamble for money or other valuable thing, or anything representing or intended to represent money or other thing of value, or shall play at any game of chance, or at or with any table, instrument or device of gaming, in any part of any such park, shall be fined not less than five dollars, nor more than two hundred dollars for each offense. v Intoxicated persons — indecent or unlawful acts. § 10. Whoever shall be found in any such park in an intoxicated condi- tion, or shall resort to such park for any indecent or unlawful purpose, or shall be guilty of any indecent, obscene, vulgar, improper or unlawful act while there, shall be fined not less than five dollars, nor more than two hundred dollars. Fires in parks prohibited. §11. Whoever (except employees or laborers in such parks) shall light or make any fire in said parks, shall be fined not less than three dollars, nor more than one hundred dollars. Driving carriages, etc., on turf — hitching horses to trees. § 12. Whoever shall drive any carriage or vehicle of any kind, or any horse or other animal, upon the grass, lawn or turf of 206 Ordinances of the any such park, or shall hitch a horse to any of the shrubs or trees therein, shall be fined not less than one dollar, nor more than fifty dollars for each offense. Throwing stones, rubbish, etc., in parks. § 13. Whoever shall throw any stones into or in such parks, or shall throw or jilace any rubbish or garbage of any kind therein, or shall leave or place any bottle, cans, paper or scraps of anv kind therein, shall be fined not less than one dollar, nor more than twenty-five dollars for each offense. Posting bills, etc., forbidden. § 14. Whoever shall post or otherwise affix any bills, notice or other paper upon any fence, tree, bridge, building or other structure therein, shall be fined not lesp than three dollars. CHAPTER XXVIII. PAWNBROKERS. Section. 1. Pawnbroker defined — license required, etc. 2. Mayor may grant license — rate — bond. 3. Pawnbroker's book. 4. Property of minors, stolen property, etc. — intoxicated persons, etc. 5. Time ot receiving property. 6. Other business forbidden. 7. Inspection of premises and property. 8. Principal liable for violations, of clerks, etc/ Pawnbroker defined — license — penalty. § 1. Whoever shall loan money on deposit or pledge of personal property, or shall carry on the business of purchasing such property on the condition of selling the same back at a stipulated price, without taking a chattel mortgage thereon, duly executed and recorded, as required by law, shall be deemed to be a pawnbroker within the meaning of this chapter; and any person who shall pursue or carry on the busi- ness of a pawnbroker in said city without first having obtained a license therefor, and executed a bond, as hereinafter provided, shall be fined not less than twenty-five dollars, nor more than two hun- dred dollars for each offense. Mayor may grant license — rate — bond. § 2. The mayor may from time to time grant licenses to such persons as shall produce to him satisfactory evidence of good character, to carry on the busi- 207 City of Danville. ness of pawnbroker. Pawnbrokers shall pay for a license at the rate of fifty dollars per year; no such license, however, shall extend beyond the municipal year. Every such applicant for a license shall, before receiving the same, execute to the city a bond in the penal sum of three thousand dollars, with two or more good and sufficient sureties, residents of the city, which bond shall be conditioned for the strict observance of all ordinances of the city respecting pawn- brokers as may be passed or in force at any time during the existence of the license, and further conditioned that he will pay all damages resulting to any person by reason of his wrongfully purchasing or taking in pledge any stolen property, or the property of any minor Pawnbroker’s book — inspection of book. § 3. Every pawnbroker shall keep a well bound book, suitably ruled for the purposes herein designated, in which shall be legibly written in ink, at the time of each loan or purchase, an accurate account or description in the English language, of the goods, article or thing pawned, pledged or purchased, the amount of money loaned thereon or paid therefor, the time the same was pledged, pawned or purchased, the rate of interest to be paid on such loan and the name and residence of the person pawning, pledging or selling the goods, article or thing. No entry made in such book shall be erased, obliterated or defaced. The said book shall, at all reasonable times, be open to the inspection of the mayor, marshal or any police officer of the city. Any person violating this section or any part thereof, shall be fined not less than twenty-five dollars, nor more than two hundred dollars for each offense, and shall forfeit his license in the discretion of the mayor. Property of minor — stolen property, etc. § 4. Any pawnbroker who shall purchase, take or receive in pledge, or on deposit, any article or property of or from any minor,- or being owned by a minor, or any stolen property, or any person known to be a notorious thief, or any property which from any cause he may have reason to believe cannot be lawfully or rightfully pawned, pledged or sold, by the person offering it, or from any person intoxicated, shall, in either case, be fined not less than ten dollars, nor more than one hundred dollars, and shall in addition thereto forfeit his license. Time of receiving property. § 5. No pawnbroker shall purchase, take or receive, on pledge or deposit, any article of property, after the hour of ten o’clock in the- evening, or before the hour of seven o’clock in the morning, under a penalty of not less .than ten dollars, nor more than one hundred dollars. Ordinances of the 208 Other business forbidden. § 6. No person licensed as afore- said shall carry on any other business or avocation, directly or indirectly, in the same building, or in any building adjoining the place or building in which he or she may be licensed to carry on the business* of pawnbroker. Inspection of premises and property. § 7. Every pawnbroker shall, at all reasonable times during business hours, allow the mayor, city marshal, or any policeman of the city, to enter the place of business of such person, and examine and inspect the stock or property on hands in such place of business, or search the said premises for stolen property, or make such examination of the same, as such officer may desire in the discharge of his official duty. Any person who shall refuse to permit such officer to make such search or inspection, or shall hinder or obstruct him in making the same, or shall refuse to show such officer any property, article or thing in the possession of such pawnbroker, when requested so to do by such officer, shall, in either case, be fined not less than ten dollars, nor more than one hundred dollars for each ofiense, and shall forfeit his license in the discretion of the mayor. Violations of ordinance by clerk — principal liable. § 8. Every licensed pawnbroker shall be subject to any of the penalties prescribed in this chapter for a violation of the same, or any part thereof, whether such violation is done by himself, or by his clerk, agent or employee ; and such clerk, agent or employee of any such licensed pawnbroker who shall violate this chapter, or any part thereof, shall also be subject to the same penalty herein prescribed for such violation when done by a licensed pawnbroker. CHAPTER XXIX. PEDDLERS. Section. 1. Peddler defined. * 2. Peddling without license — penalty. 3. License fees. 4. Persons may sell produce, etc., without license. 5. Peddler not to enter house without permission. 9. Discretion of mayor in cases of charity. Peddlers defined. § 1 . The selling of goods, wares, mer- chandise or other articles, or the offering of the same for sale, by any person transiently or temporarily in the city for the purpose of selling or disposing of the same at retail, whether in any room or building used as a temporary place of business, or at any stand, nuinclosed place or other place of any kind, and the selling of goods, wares, merchandise or other articles of value, or the offering of the same for sale at retail, by any person traveling or going about from place to place within the city, on foot or in a vehicle of any kiud, or whether such person resides or does business within said city or not, shall be deemed peddling, and the person so engaged in such selling, or offering to sell, as aforesaid, shall be deemed a peddler, and subject to the provisions of this chapter: Provided , however , This section shall not apply to grocers, milkmen, butchers or other resident merchants, selling or delivering merchandise or other articles to their customers or patrons. Peddling without license — penalty. § 2. Whoever shall peddle, or attempt to peddle, goods, wares, merchandise or other articles of value, without first obtaining a peddler’s license, shall be fined not less than five dollars, nor more than one hundred dollars for each offense. License fees. § 3. Licenses granted under this chapter shall be charged for at the following rates: For a license to sell by foot peddlers, not less than one and not more than five dollars per day. For peddlers using a one-horse vehicle, not less than two nor more than ten dollars per day. For peddlers using a two-horse vehicle, not less than five and not more than fifteen dollars per day. For peddlers located temporarily or transiently in a room, not less 14 210 Ordinances of the than ten dollars, nor more than fifty dollars per day, to be determined by the mayor. For peddlers or persons selling at any stand or uninclosed place, not less than one dollar, nor more than five dollars per day, to be determined by the mayor. Persons may sell produce, etc., without license. § 4. No license shall be required of any person or persons to sell vegeta- bles, or other product of the farm or garden, nor shall any license be required to sell fruits, cakes* nuts, or other like refreshments/ when sold by any resident of the city. Peddlers not to enter house without permission. § 5. No peddler shall vex, annoy or harass any person by importuning such person to purchase or look at his goods, or otherwise vex and annoy any person, nor shall any person enter any private house without being invited to go in, under a penalty of not less than three dollars, and not exceeding one hundred dollars for each offense, and a forfeiture of his license, in the discretion of the city council or the police magistrate or other court before whom conviction may be had ; and at no time thereafter shall such person be licensed, unless, for good cause shown, the city council shall revoke his disability. Discretion of mayor in cases of charity. § 6 . Whenever, in the judgment of the mayor, it would be a proper charity to allow any sick, crippled or helpless person, or any person in poverty or distress, to sell or peddle notions or other like property, without requiring the license fee herein charged to be paid, the mayor may grant such person a permit to sell, free of charge, such permit to be revoked at any time, in the discretion of the mayor. City of Danville. 211 CHAPTER XXX. POLICE DEPARTMENT. Section. 1. Police department shall consist of whom. 2. Appointment of policemen. 3. Bond and oath of policemen. 4. Duties of mayor. 5. Duties of city marshal. 6. Marshal custodian of property. 7. Reports of city marshal. 8. Absence of marshal. 9. Day and night force, beats, etc. 10. Captain of night police, turnkey, etc. 11. Police record. 12. Special police. 13. Temporary police. 14. Duties of police. 15. Power to arrest, serve warrants, etc. 16. Search warrant. 17. Neglect of duty, etc. 18. Causes for removal. 19. Trial of persons arrested — continuance — bail. 20. Arrest at night. 21. Prisoners drunk when arrested. 22. Statement to be filed. 23. Arrest without warrant, 24. Bail. 25. Officers as witnesses. 26. Witness and jury fees. 27. Malicious suits — costs, etc. 28. Commitment — labor of prisoners. 29. Refusing to labor. 30. Discharge of prisoners. 31. Report of labor performed. 32. Payment of fines int$ treasury — magistrate’s report. 33. Falsely representing to be an officer. 34. Resisting officer. 35. Rescue of prisoners. 36. Re-arrest of escaped prisoners. 37. Posse comitatus. 38. Uniforms of police. Police department shall consist of whom. § 1. The police department of the city shall consist of the mayor, the aider- men, police magistrates, city marshal, and such policemen and watchman as may be appointed by the mayor and city council. Appointment of policemen. § 2. The mayor shall, at the beginning of each municipal year, or within a reasonable time there- after, and by and with the consent of the city council, appoint such Ordinances of the A 2 a number of policemen as the city council shall by ordinance or resolution authorize, who shall be duly commissioned a$ other city officers are by law required. Bond and oath of policemen. § 3. Each policeman or watch- man shall, before entering upon the duties of his office, take and subscribe to the same oath required of other city officers, and shall, also execute a bond, payable to the city, with security to be approved by the city council, in the penal sum of one thousand dollars, con- ditioned for the faithful performance of the duties of his office, and the payment of all moneys received by him, according to law and the ordinances of said city. Duties of mayor. § 4. The mayor shall exercise a general supervision and control over the police department, and shall see that the various police officers are prompt and efficient in the dis- charge of their duties, and he shall from time to time take such measures for the preservation of the public peace and good order, and for the prompt and efficient execution of the laws of the state and the ordinances of the city as maybe deemed most expedient and the best to accomplish the purpose contemplated. Duties of city marshal. § 5. The city marshal shall be the commanding officer of the entire police force of the city, subject only to the mayor, or the city council in session. He shall devote his whole time to the discharge of his duties, and shall see that the laws and ordinances are enforced, so far as possible, by the force under his command. He shall assign to all policemen or patrolmen their different beats or districts, and their respective hours of duty, and shall see that they are on duty during the wliole time of their watch. Marshal custodian 4 of property. § 6. The city marshal shall be the custodian of all property provided by the city for the use of the police department. He shall also be the custodian of all stolen goods or other property received and retained under the police authority. Reports of city marshal. § 7. The city marshal shall make to the city council, at each regular meeting thereof, a report in writing of the doings of his department during the preceding month. Said report shall set forth the number of arrests, by whom made, and on what charges; the number of prosecutions for the recovery of fines, before what magistrate brought, how disposed of, the amount of fines and costs assessed, and the amount collected in money or labor, together with a statement of all property received by him during the month by virtue of his office. City of Danville. 213 Absence of marshal. § 8. The city marshal shall not absent himself from the city without permission of the mayor; and in case of such absence the mayor shall designate some member of the police force to assume the duties of marshal, who shall be the acting city marshal, and shall possess all the power and authority of the city marshal. Day and night force* beats, etc. § 9. The city marshal shall divide the police force into two classes, to be respectively known as the day and night force. In making such division, provision may be made for the interchanging of the different members of the force from one class to the other, as he may deem best. He shall also locate and establish beats and stations throughout the city to be occupied by the different members of the force when on duty, and shall fix the hours of duty for each relief or class. He shall also report his action under this section to the city council, and the same shall be subject to the approval thereof. Captain of night police, turnkey, etc. § 10. The mayor shall designate one member of the police force as captain of the night police, who shall perform the duties of a regular policeman, but shall be the officer in charge of the night force, subject to the orders of the mayor and marshal. The mayor shall also designate one of the members of the fire department as turnkey, who shall be the officer in charge of the police station and city prison. He shall remain at the police station during theday, and such hoursof the night as may be designated by the city marshal, under the preceding section. He shall have charge of the city pound and the prisoners in the city prison, and shall attend, to their wants and necessities. It shall be his duty to answer and attend to all calls for police service in the neigh- borhood of his station when there is no other police officer at the station. And* such turnkey shall give the bond and take the oath required of policemen, and shall have all the powers of a policeman. Such turnkey shall be exempt from the duty of a fireman, except in case of fire, which he shall attend as other firemen. In case of fire, the duties of the turnkey and poundkeeper shall be performed by any policeman detailed therefor, during the absence of such turnkey, by the mayor, marshal or night captain. Such turnkey shall not be entitled to any additional compensation by reason of his services as turnkey and pouud keeper. Police record. § 11. The city marshal shall provide a suita- ble police record, which shall be kept at the police station, and in which each officer making an arrest shall enter the name of the person arrested, where arrested, on what charge, what property, if 214 Ordinances of the any, was taken or found on such person, and how disposed of, and shall also record his own name as the officer making the arrest. Special police. § 12. The mayor may, by and with the consent of the city council, and upon the application of any corporation, association, firm or individual, appoint any suitable person in the employ of such applicant, a special policeman in and for said city ; such special policeman shall, before entering upon the duties of his office, take the same oath, and execute a bond to the city in the same amount, and with like conditions as required of other police officers, except, that in such commission, he shall be designated as a special policeman. Such appointment shall not extend beyond the municipal year, and when such special policeman has been duly qualified as aforesaid, he shall possess all the power and be obeyed the same as members of the regular police force : Provided , such special police- man shall not receive any compensation from the city for his services. The mayor may revoke such appointment at any time he may deem proper. Temporary policemen. § 13. Whenever it may be deemed necessary for the preservation of public order or private or public property, the mayor, by and with the advice of the city council, may appoint such a number of temporary policemen as the city council may direct, to serve for such period as the council may determine. Such policemen shall take the same oath as required of other officers, and give a bond in the sum of three hundred dollars, conditioned as by law required, with surety to be approved by the mayor. They shall also be commissioned the same as other policemen ; and when so qualified, they shall possess the same poVer, perform the same duties, and be subject to the same obligations as the regular police force. Such policemen shall receive such compensation as may be agreed upon, or as may be provided by the city council. Duties of policemen. § 14. The several members of the police force, when on duty, shall devote their time and attention to the discharge of the duties of their office according to the ordinances of the city, and the rules and regulations of the police department. They shall, to the best of their ability, preserve order, quiet and peace throughout tjie city, and enforce all the ordinances of the city. Every policeman shall report to the marshal or mayor, all persons known or suspected to be gamblers, receivers of stolen goods, thieves burglars or disorderly persons, and also all unlawful or disorderly houses or places, within said city, coming to his knowledge, as well City of Danville. 215 as all violations of the laws of the state, or the ordinances of the city, reported to him or of which he may be cognizant ; and when it* shall come to the knowledge of any policeman that any city ordinance has been violated, such member shall forthwith cause a complaint to be made before a police magistrate, or justice of the peace within the city, and the proper witnesses to be subpoened and evidence procured for the successful prosecution of the offender. Power to arrest — serve warrants, etc. § 15. The city marshal and each policeman of said city shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance of the city of Danville, or any criminal law of the state of Illinois, or found under suspicious circumstances and unable to give a satisfactory account of their doings, and may commit such persons so arrested for examination, and if necessary detain them in custody over night or Sunday in the city prison or other safe place, or until they can be brought before the proper magistrate. All warrants for the violation of ordinances, and all criminal warrants to whomsoever directed, may be served and executed within the corporate limits of said city by any policeman thereof. [See laws, 1883, state of Illinois.] Search warrant. § 16. Whenever the city marshal or any police officer is satisfied that there is reasonable cause for searching any house, building, apartment, room or place, for property that has been stolen, embezzled, or fraudulently obtained by false tokens or pretenses ; or for counterfeit or spurious money, or tools, machinery or materials for making the same ; or for gaming apparatus, or implements used or kept and provided to be used in unlawful gaming, it shall be the duty of the marshal, or policeman, to swear out a search warrant for the search of such premises, as by the statutes of the state of Illinois provided. Neglect of duty. § 17. Any member of the police force who shall neglect or refuse to perform any duty required of him by the ordinances of the city, or the rules and regulations of the police department, or who shall, in the discharge of his official duties, be guilty of any fraud, extortion, oppression, favoritism or willful wrong or injustice, shall forfeit and pay a penalty of not less than five dollars, nor more than one hundred dollars, and shall be subject to removal from office. 216 Ordinances of the Causes for removal. § 18. The following offenses shall be deemed sufficient causes for removal of any member of the police force : First. Disobedience of the orders of mayor, city council or marshal. Second. Drunkenness. . Third. Holding familiar conversation on the streets with prosti- tutes, or associating with rowdies or gamblers. Fourth. Violent, insolent or abusive language to a superior officer, or to any citizen, resident or stranger. Fifth. Drinking intoxicating liquor, wine or beer, while on duty, or entering any saloon, gambling house, or hopse of ill-fame, while on duty, except in the discharge of the duties of his office. Sixth. Accepting or receiving from any person, while in custody, or after he shall have been discharged, or from any of such person’s friends, any gratuity, gift, pay or reward. Seventh. Communicating to any person any information which may lead to the escape from arrest or punishment of persons accused of any crime, misdemeanor, or violation of any city ordinance. Eighth. Leaving the city without permission, in writing, from the mayor, unless in pursuit of offenders fleeing from arrest. Ninth. Leaving his beat or post, during his hours of duty, except in the discharge of the duties of his office ; or going to sleep during his hours of service. Tenth. Charging or receiving any fee or compensation, other than his legal salary, or receiving or accepting any present or reward for police services rendered, or to be rendered, unless with the written permission of the mayor, first had and obtained. Eleventh. Refusing to pay his just debts and obligations. Trial of person. arrested — continuance — rail. § 19. Whenever any person shall be arrested for any offense, it shall be the duty of the police officer making the arrest, to take the prisoner to the police headquarters, and a record of the arrest shall be made in the book kept for that purpose. If any police magistrate is at his office, the prisoner shall be immediately taken before such magistrate, and if the city and the prisoner are both ready, a trial may at once be had ; but either party may have a continuance for a reasonable time to procure witnesses, or for other good cause shown ; and the prisoner shall enter into a recognizance, with surety to be approved by the magistrate, for his appearance at the time of trial ; and in default of such recognizance, he shall be confined to the city calaboose until the time fixed for trial, and until the further order of the court. City of Danville. 217 Arrests at night. § 20. All prisoners arrested in the night time, or at any other times when no police magistrate’s court shall be open, shall he taken to police headquarters, and a like record made as before provided, and the prisoner shall be confined in the city calaboose until the next morning, or until a trial can be had, or, if arrested on Saturday night, or on Sunday, then he shall be confined as aforesaid until Monday morning, when the prisoner shall be taken before a police magistrate and a trial had, or the case continued as provided in the preceding section. Prisoner drunk when arrested. § 21. Whenever any person arrested for any offense shall, at the time of his arrest be drunk or intoxicated, the officer making the arrest shall take such person to the police headquarters and confine him in the calaboose until he shall become sober ; and he shall then be taken before a police magistrate for trial as provided in other cases. Statement'to be filed. § 22. When any suit for violation of any of the city ordinances shall be commenced by summons before any police magistrate, Or justice of the peace, the city attorney, or some other officer of the city shall file a statement signed by him, substantially as follows, viz: A. B., To the City of Danville, Dr. To — dollars, for a violation of the section (or sections) of an ordinance of the city of Danville, entitled [here set forth the title of the ordinance], passed on the day of A. D. 18 , [or of the city charter, as the case may be], in this, to- wit : That the said A. B., on or about the day of. A. D. 18 , before the commencement of this suit, did, at the city of Danville (or within the jurisdiction of said city), [here state the particular violation or violations complained of, as near as may be, in the language of the ordinance or the city charter]. (Signed) C. D. Arrests without warrant. § 23. Whenever any person shall be lawfully arrested without a warrant, and brought before a mag- istrate for trial, no process shall be necessary, but the statement required by the preceding section hereof shall be made and filed as therein provided, and # the magistrate before whom such person is brought shall enter the case on his docket as in other cases. Bail. § 24. Any person who may be arrested by, or in the cus- tody of any officer, for the violation of any ordinance of the city, may release himself from custody or imprisonment by entering into bail or recognizance before such officer or before any police magis- trate, in such amount or with such surety or sureties as may be required of him, and conditioned that he will appear before the 218 Ordinances of the police magistrate or court named therein, at the time named, and remain and answer the offense with which he stands charged, and await his trial thereon, and not depart the court without leave. The amount of the penalty of the bond or recognizance shall be propor- tioned to the offense charged, and such bond or recognizance shall be filed with the magistrate or court named therein, by the officer taking the same, and if the offender shall fail to appear, or shall otherwise fail to comply with the conditions thereof, the same shall be adjudged forfeited, and suit shall forthwith be brought thereon against the offender and his surety or sureties, for the full amount of the penalty thereof, and judgment shall be rendered by the court for the same and all costs, or for so much of said penalty as may be adjudged just and proper, upon examination of the facts of the case. Officers as witnesses. § 25. All officers making arrests shall attend as witnesses before the police court, and shall procure all necessary evidence in their power, and furnish a list of all witnesses to the court or to the city attorney. Witness and jury fees. § 26. Witnesses (except officers) and jurors attending before any police magistrate in any suit or action for any fine or penalty arising under the ordinances of the city shall, in case judgment is obtained against the offender and collected from him, be entitled to the same fees as in like cases before justices of the peace. But no costs of any kind shall be taxed against or col- lected of the city. Malicious suits — costs against prosecutor. § 27. The city attorney shall not be compelled to bring or prosecute any suit in any case where he and the court may be satisfied that the complaint is instituted maliciously or vexatiously, and without any probable cause, and that the interests of the public or of the city will not l^e subserved thereby. And if any person charged with any offense snail, upon his trial therefor, be acquitted, and it shall satisfactorily appear to the court that the complaint or prosecution was instituted maliciously or vexatiously, and without probable cause, judgment may* be rendered against the complainant or prosecutor for the costs arising in the case, and execution issued for the collection of the same. Commitment — labor by prisoners, etc. § 28. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail, calaboose or other prison, until such fine, penalty and costs shall be fully paid: Provided, That no such City of Danville. 219 \ imprisonment shall exceed six months for any one offense. Every person so committed shall work for the city, under the direction of the police, upon the streets or alleys thereof, or at such other labor or employment as mayd)e provided by the city council, within or without such prison, such labor suitable to the health or strength of such person, and not to exceed ten hours each working day. For such work the person so employed or worked shall be allowed two dollars per day, exclusive of his or her board, which sum shall be credited upon the tine and costs. Refusing to labor. § 29. Any person so committed, who shall refuse to labor, or who shall conduct himself in a riotous manner, or shall refuse to obey the. orders of the officer of the city having him in charge, or shall resist him or attempt to escape, shall not be entitled to any credit on his fine, and may be re-committed to the county jail, or other place of confinement, and fed upon bread and water until he shall consent to labor. Discharge of prisoners. § 30. Any person committed may, at any time, pay the amount of the execution and costs, and upon the payment being made, or upon his working out the amount of the fine and costs against him, fer otherwise beiug entitled to his discharge, the marshal or other officer having him in custody shall, if required, give him a written discharge and set him at liberty. Report of labor performed. § 31. The marshal or other officer having any person in his custody for labor, as herein provided, shall, from time to time, report to the city council, in writing, the names, the amount of the fine, and the number of days worked. Payment of fines into treasury — magistrate’s report. § 32. Any police magistrate or other officer collecting fines or moneys on account of the city shall pay the same into the city treasury as fast as collected. The police magistrate before whom any suit or suits may be brought in the name of the city, for the recovery of any fines or penalties, shall quarterly, one th first Thursday of March, June, September and December in each year, report to the city council a list of all suits brought in the name of the city since his last report, with the disposition made of each case, the amount of the. fine imposed, if any, the name of the officer charged with the collection of the same, by whom and the amount collected; also the amount collected since his last report upon any judgment fbr any fine rendered prior to* such report. If anv police magistrate shall neglect or refuse to hold a police court at any reasonable time when required, or shall neglect or refuse to pay over any moneys collected 220 Ordinances of the by him, or make his quarterly report, as herein required, the city council may order all suits in the name of the city, for the recovery of any fine .or penalty, to be brought before some other police mag- istrate or justice of the peace, who shall agree to comply with the requirements hereof, and before whom all suits in the name of the city, for the recovery of any fine, forfeiture or penalty, shall be brought. If any police magistrate or other officer shall neglect or refuse to pay over any fine or any moneys collected by him on account of the city, legal proceedings may be commenced at any time to compel such payment. Falsely representing to be an officer — penalty. § 33. Whoever shall falsely represent himself to be an officer of thjs city, or shall, without authority, exercise or attempt to exercise any of the powers, duties or functions of any city officer, shall be subject to a penalty of not less than ten dollars, and not exceeding one hundred dollars for each offense. Resisting an officer, § 34. Whoever shall willfully hinder, delay, resist or obstruct any city officer, or any person legally author- ized by him, in the discharge of his dpty, or shall aid, abet or encourage any such hindering, delaying, resisting or obstructing, or shall neglect or refuse to obey any lawful order or directions of any such officer, shall be subject to a penalty of not less than five dol- lars, and not exceeding one hundred dollars for each offense. Rescuing prisoners, etc. § 35. Whoever shall rescue or attempt to rescue, or shall abet or encourage the rescue or escape of any person from the custody of any officer or other person legally having him in charge; or shall molest or interfere with any officer or other person' so legally having any person in custody ; or shall aid, abet or encourage the rescue or escape or the attempt to escape from any prison of any person legally committed thereto, or shall supply or attempt to supply any such person with any weapon or with any implement or means to escape, or for attempt to escape, or with any intoxicating liquor, shall, in each case, be subject to a pen- alty of not less than twenty-five dollars, and not exceeding one hundred dollars for each offense. Re-arrest of escaped prisoners. § 36. Whenever any person who shall escape from any prison or place of confinement to which he has been legally committed, or shall escape from any officer or other person having him in custody, it shall be the duty of the marshal and all police officers tore-arrest, without process, the party so escaping, whenever he may be found, and re-commit him to City of Danville. 221 prison or deliver him into the custody of the officer or person from whom he escaped. Posse comitatus. § 37. Any police officer may call upon any male person above the age of eighteen years to aid him in the arrest, retaking or custody of any person having committed any unlawful act, or to aid in preventing the commission of any unlawful act; and whoever shall neglect or refuse to give such aid and assist- ance, when so required, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. Uniforms of police. § 38. The committee on police of the city council shall make suitable regulations under which the police- men of the city shall be required to wear any appropriate uniform and badge, subject to the approval of the city council. CHAPTER XXXI. PUBLIC LIBRARY. Section. . i. Prohibits disturbance— penalty. 2. To leave library on request — penalty. 3. Prohibits loitering on stairway — penalty. 4. Return of books — fines — penalty. 5. Mutilating books, etc. 6. Persons not entitled to privileges to remain away. 7. Taking property from without right. Prohibits disturbances — penalty. § 1 . Any person who shall, while in the rooms of the public library, create any disturbance, or who shall be guilty of any conduct calculated to annoy or disturb others in said room, and who shall not cease said conduct when requested so to do by the librarian, or other person in charge of said room, shall be fined not less than one dollar, nor more than one hundred dollars. To leave library on request — penalty. § 2. Any person being in said library rooms, who shall not, when requested to leave the same by the librarian, or other person iu charge of said rooms, peacefully and quietly leave said rooms, shall be fined not less than one nor more than one hundred dollars. 222 Ordinances of the Prohibits loitering on stairway — penalty. § 3. It shall not be lawful for any person or persons to loiter or sit upon the stair- way leading to said library rooms, and any person so found loitering or sitting upon said stairway shall be fined not less than one nor more than one hundred dollars: Provided , That this section shall not take effect until there has been placed in said stairway, in a conspicuous place, a notice that loitering or sitting upon said stairway is prohibited. Return of books — fines — penalty. § 4. Any person who shall fail to return any book or books, taken by him or her from the public library, at the time when, by the rules- of said library, the same should be returned, and who shall not promptly pay the fines provided for by the rules and regulations governing said library, as the same have been or may be established by the board of directors of said library, shall be fined in any sum not less than one nor more than one hundred dollars: Provided , That no fines under this ordi- nance shall be less than the amount of fines due under said rules and regulations of said board of directors. Mutilating books, etc. § 5. Any person who shall Avillfully or maliciously deface, destroy, mutilate or injure any book, pamphlet or paper belonging to said public library, shall be fined not less than three dollars, nor more than one hundred dollars for each offense. Persons not entitled to privileges to remain away. § 6. Any person who shall not be entitled to the privileges of the public library, who shall persist in visiting the same after being notified to remain away therefrom, shall be fined not less than three nor more than one hundred dollars for each offense. Taking property from, without right. § 7. Any person who shall take or remove from said library rooms any article without the consent of the librarian, or person in charge of said rooms, shall be fined not less than one nor more than one hundred dollars for each offense. City of Danville. 223 CHAPTER XXXII. RAILROADS. Section. 1. Speed of cars. 2. Cars obstructing street. 3. Locomotive whistle. 4. Railroad crossings — bridges. 5. Neglect to build after notice. 6. City may build crossings, etc. 7. Flagmen, bars, gates, etc. 8. Lights on cars at night. 9. Penalty. Speed of cars, etc. § I. No railway company, railroad engineer, railroad conductor or other person shall run any locomotive, freight or passenger car, or any train of cars, upon or aloug any railroad track, side-track or switch within the corporate limits of the city of Dan- ville at a greater rate of speed than ten miles an hour. Cars obstructing street. § 2. No railway company, railroad engineer, train conductor or other person shall cause or allow any locomotive, car or cars, or train of cars to stop in or remain upon any street or railroad crossing within said city for a longer period than ten minutes: Providd , however , It shall be lawful for a train of cars to remain across said streets if the same shall be uncoupled, cut or separated in such manner as to allow free and safe passage over such crossing for teams and foot passengers. Locomotive whistles. § 3. No railway company, locomotive engineer or fireman shall cause or allow the whistle of any locomotive engine to be sounded within the corporate limits of said city, except necessary brake-signals, and such as may be absolutely necessary to prevent injury to persons, or other casualty or accident. Railroad crossings and bridges. § 4. All railroad compa- nies whose tracks now or may hereafter enter or pass through the corporate limits of the city, shall respectively construct, repair and maintain good, safe and sufficient culverts, crossings and bridges, with gcjod and easy approaches thereto, on all public alleys, streets, sidewalks and highways where their respective tracks pass under, across or over any afley, street or highway within said city. Neglect after notice — penalty. § 5. Whenever any cross- ing, culvert or bridge shall be needed upon the line of any railroad 224 Ordinances of the within the city, or shall need repairing, it shall be the duty of the mayor to give such company fifteen days’ notice, in writing, of the work to be done, and the place where required ; and any railroad company neglecting or refusing to construct or repair any crossing, culvert or bridge, after having received fifteen days’ notice so to do, shall be fined not less than ten dollars, nor more than fifty dollars for each day of such neglect or refusal. City may build crossing and recover cost. § 6. In case of the failure or refusal of any railroad company to constructor repair any crossing, culvert or bridge, when duly notified by the mayor so to do, as provided in section 5 hereof, the city council may order such crossing, culvert or bridge to be constructed or repaired, as may be needed, at the expense of the city, and such company shall be liable to the city, in an action of debt, for the cost thereof. Flagmen, bars, gates, etc. § 7. All railroad companies, corporations or persons operating any line of railway, whose track or tracks cross any of the following named streets in said city : Main, Vermilion, Hazel, North, or South streets, and at all other street crossings when they shall be required so to do by resolution of the city council, shall station, keep and maintain, at their own expense, at each of said street and railroad crossings, a reliable and competent flagman, whose duty it shall be to signal persons traveling in the direction of any of said crossings, and warn them of the approach of any locomotive, car, train of cars, or other impending danger. In addition thereto, whenever the city council shall deem it necessary to require any railroad company, corporation or persons operating any line of railway, as aforesaid, to provide further protection against injury to persons and property at any such railroad crossing in said city, said city council may by resolution so declare, and direct that any such railroad company shall, within a certain time, to be fixed in said resolution, erect, construct and maintain a sufficient gate or gates, or other efficient protection at such crossing. Within ten days after the passage of said resolution, the mayor shall cause to be served upon such railroad company named in such reso- lution a certified copy thereof, by leaving the same with any agent, officer or employee of said company. Any railroad company required to erect or construct any such protection as aforesaid, which shall neglect, fail or refuse so to construct the same, within the time specified in said resolution, shall be fined not less than fifty dollars, and shall be subject to a like penalty for each and every ten days after the expiration of the time so fixed for the construction of such protection. City of Danville. 225 Lights on cars at night. § 8. Every locomotive engine, railroad car dr train of cars running in the night-time on any railroad track in said city shall have and keep, while so running, a conspic- uous light on the forward end of such locomotive, car or train of cars. If such engine, car or train of cars be backing, it shall have a conspicuous light in the rear car or engine, so as to show in the direction said car is moving. Penalty. § 9. Any railroad company or railroad corporation who shall, of themselves or by their agents or employees, violate or fail to observe any of the foregoing provisions of this chapter, or any agent, engineer, conductor or other employee of any such railroad company or corporation, who shall violate or fail to observe the same, shall, for each violation or failure to observe the same, where no other penalty is imposed, be fined in a sum not less than three dollars, nor more than two hundred dollars. CHAPTER XXXIII. ROLLER SKATING RINKS. Section. 1. License required. 2. Amount of license. 3. Penalty. 4. Clerk to issue license. 5. Mayor may revoke license. License required. § 1 . It shall be unlawful for any person, persons or corporation to engage in the business of running a roller skating rink or skating school in the city of Danville without first having obtained a license so to do, in accordance with the provisions of this chapter of this ordinance. Amount of license. § 2. Every person, persons or corpora- tion who shall hereafter engage in or rent any room or building in said city for the purpose of running a roller skating rink, skating school, or for the purpose of teaching persons how to skate on roller skates shall pay a license fee of fifty dollars per month to said city of Danville, payable in advance for each and every month they shall run said rink. Penalty. § 3. Any person, persons or corporation running a roller skating rink, skating school or school for learning to skate on 15 226 Ordinances of the roller skates, without first having obtained a license so to do, under the provisions of this chapter of this ordinance, shall be fined not less than ten dollars, nor more than one hundred* dollars for each day said person, persons or corporation engage in or run said roller skating rink or skating school without a license. Clerk to issue license. § 4. It shall be the duty of the city clerk to issue said license- upon a payment to him of the above license fee. Mayor may revoke license. § 5. The mayor or the city council shall have power to revoke any such license, at any time, for any good or sufficient cause, or upon the failure of such person, persons or corporation to comply with any of the city ordinances. CHAPTER XXXIV. RULES OF CITY COUNCIL. Section. 1. Meetings of council. 2. Standing committees. 3. Duties of committees. 4. Streets and alleys. 5. Public grounds and buildings. 6. Fire and water. 7. Finance. 8. Police. 9. Claims. 10. Printing. 11. Markets. 12. Bridges. 13. License. 13a. Sewers. 14. Contracts not authorized by council forbidden. 15. Rules of council-. Meetings of council — regular and special. § 1. A reg- ular meeting of the city council shall be held on the first Thursday evening of each month during the year. Special meetings may be called by the mayor, or by any three members of the council, when- ever, in his .or their discretion, it may be deemed necessary ; in which event it shall be the duty of the city marshal to cause each member of the council to be personally served with a notice of such special meeting, or by leaving a copy thereof at his usual place of business City of Danville. 227 or residence. Said notice shall state the object of such meeting, and no business shall be transacted at any special meeting except such as is stated in said notice. Standing committees. § 2. It shall be the duty of the mayor, at the beginning of each year for which members of the city council are elected, to appoint the following named standing committees, the first named member of each committee to be the chairman thereof, and each committee to consist of not less than three members, viz: First. Committee on streets and alleys. Second. Committee on public grounds and buildings. Third. Committee on fire and water. Fourth. Committee on finance. Fifth. Committee on police. Sixth. Committee on claims. Seventh. Committee on printing. Eighth. Committee on markets. Ninth. Committee on bridges. Tenth. Committee on license. Eleventh. Committee on sewerage. Duties of standing committees. § 3. It shall be the duty of the standing committees to keep a close watch over the affairs of their respective departments, and to promptly investigate and report in writing upon all matters referred to them by the council, and perform such other duties as may be from time to time assigned them. Streets and alleys. § 4. The committee on streets and alleys shall have charge of and direct all improvements oil public thor- oughfares, the opening, laying out, widening, extending and vacating the same, and all additions to the city. Public grounds and buildings. § 5. The committee on public grounds and buildings shall have charge of all buildings and grounds, including the parks, belonging to or occupied by the city, and the preservation, repair and improvement of the same, and shall also have charge of all public cemeteries. 228 Ordinances of the Fire and water. § 6. The committee on fire and water shall have general supervision over the fire department, water supply of the city, and all improvements and machinery belonging thereto, and all matters pertaining to water works. Finance. § 7. The committee on finance shall have charge of all matters pertaining to the financial condition of the city; audit and examine the treasurer’s report; receive estimates from the other com- mittees for annual appropriations, and prepare and present the annual appropriation bill, an'd shall report to the council, at* each regular meeting thereof, the amount of expenditures made in each regular meeting thereof, the amount of expenditures made in each depart- ment of appropriations, and the balance unexpended. Police. § 8. The committee on police shall have charge of all matters pertaining to the peace and good order of the city, and the general supervision and direction of all police officers, prisons and work-houses, of the cleansing of the city, the removal and abate- ment of all nuisances, and the lighting of streets and public buildings. Claims. § 9. The committee on claims shall investigate and examine all claims against the said city which may be referred to them, and report the same back to the council, with their recom- mendations indorsed thereon in writing, signed by at least two of the committee. Printing. § 10. The committee on printing shall have charge of all matters pertaining to printing, and the furnishing of stationery and blanks to the different officers and departments of the city, and the making of contracts pertaining to the same. Markets. § 11. The committee on markets shall have charge of all public and private scales, weights and measures; the vending of all commodities in the streets of the city; the weighing of coal and the measurement of wood and lumber, and shall have charge of all matters pertaining to markets. Bridges. § 12. The committee on bridges shall have charge and control of all bridges over the Vermilion river, the North Fork and Stony creek, and of such other bridges as may be from time to time committed to the charge of such committee. License. § 13. The committee on license shall investigate all applications for dramshop license, together with the bonds therefor, and shall examine the sufficiency of such bonds and the sureties thereon, and particularly in regard to the qualifications of applicants, as prescribed by the ordinances, and the fitness and propriety of the City of Danville. 229 place where the business is to be carried on. Said committee shall also hear and determine any charges made against any dramshop keeper, unless otherwise especially ordered by the council. Sewerage. § 13a. The committee on sewerage shall have charge of all matters pertaining to sewers and sewerage. Contracts not authorized by committee forbidden. § 14. No committee of the city council, nor any member of said council, or other officer of said city, shall expend or contract for the expend- iture of any moneys belonging to the city, or incur any liability on the part of the city for the improvement of any street, sidewalk, alley, building or other property belonging to or under the control of said city, unless authorized so to do by ordinance or resolution of the city council. Rules of city council. § 15. The following rules for the government of the deliberations of the council are hereby adopted, viz : I. . The order of business at all regular meetings of the council shall be as follows: 1. Reading of minutes of proceedings regular and special meetings. 2. Reports of standing committees. 3. Reports of special committees. 4. Reports of officers. 5. Petitions and communications to the council. 6. Presentation of claims and accounts. 7. Unfinished business. 8 . Miscellaneous business. II. The mayor shall preserve order and decorum, and shall •decide all questions of order, subject to an appeal to the council. Appeals to the council shall be decided without debate. ill. No member shall speak more than twice upon any ques- tion, nor more than ten minutes at one time, except by permission of the council. IV. Any member called to order shall immediately take his :aeat until the point of order is decided. 230 Ordinances of the Y. While any member is speaking, no member shall engage in conversation with others, or pass between the speaker and the mayor.. VI. Any member indulging in personalties, or reflections, injurious to the feelings- of any other member, or the harmony of the- council, shall be called to order by the mayor. VII. AlFpetitions^and other communications to the council shall! be in writing. VIII. When a question is stated, every member present shall vote, unless excused by the council, or unless directly interested in the question, in which case he shall not vote. IX. No motion shall be entertained unless seconded ; when seconded, it shall be stated by the mayor, and if any member requires it reduced to writing. X. When a motion or resolution has been stated by the mayor,, it shall be deemed to be in possession of the council, but may be withdrawn at any time before a decision or amendment, by consent of the council. ► XI. If a question under consideration contains more than one distinct proposition, it may be divided on the request of any member. XII. When a blank is to be filled and different sums or times: proposed, the question shall first be put upon the largest sum or the longest time. VIII. When a question is under debate, no motion shall be received, unless for the previous question, to refer, to postpone indefinitely, to adjourn to a certain day, to lay on the table, to, amend, or to adjourn the council. XIV. A motion for the “ previous question,” to lay the question- on the table, or to commit it until decided, shall preclude all amendment or debate of the main question ; and a motion to postpone a question indefinitely, or to adjourn to a certain day,, shall, until it is decided, preclude all amendment to the main, question. XV. The “previous question” shall be put as follows : “Shall: the main question be now put?” XVI. A motion to adjourn shall always be in order, and shall be decided without debate. City of Danville. 231 XVII. In all cases the name of a member offering a resolution or motion, shall be entered with it, upon the journal. XVIII. The yeas and nays shall be taken on the passage of every ordinance, and on all propositions to create any liability against the city, or for the expenditure or appropriation of its money, and be entered upon the journal; and if any member require it, upon any question before the council, but shall not be taken unless called for previous to the taking of the vote. XIX. No ordinance shall be repealed or passed, or contract or appropriation made, unless by a vote of the majority of the board. XX. Committees to whom any subject may be referred, shall report in writing, addressed to the city council of the city of Danville, and the reports shall be filed away and preserved by the clerk. XXI. Any report qf 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. [See section 15, Article III, Act of Incor- poration.] XXII. The city clerk shall forward all papers to the appropriate committees and officers, as early as the next day, after the reference shall be made, by the city marshal, who shall deliver them. XXIII. No petition for the remission of a fine under any ordinance of the city, shall be granted without a vote of two-thirds of the council, or without said petition is signed by the police magistrate, or the jury imposing the fine, or the city attorney. XXIV. Every proposition involving the expenditure of money, shall be referred to an appropriate standing committee, and a report thereon made to the council by said committee before the council vote upon the expenditure. XXV. On all points of order not herein specially provided for, Cushing’s manual of parliamentary practice is adopted, and made the law governing the deliberations of said council. XXVI. The foregoing rules, or any of them shall not be repealed or annulled, amended, abridged, modified or suspended, except by a vote of the majority of the council. 232 Ordinances of the CHAPTER XXXV. SEAL. Section. 1. Shape — words on. 2. City clerk to prepare commissions — affix corporate seal— copies of record to be certified under seal — seal not binding on the city. I Shape — words on. § 1. The corporate seal of the city of Danville shall be of circular shape, with the words, “ Corporate Seal of the City of Danville, Illinois, 1867 , *’ engraved on the face thereof. City clerk to prepare commissions, etc. § 2. The city clerk shall prepare all commissions or other official documents required to be issued, and affix the corporate seal thereto, and attest or countersign the same. He shall affix the corporate seal to all official acts of the mayor requiring it, and if necessary, attest or countersign the same. He shall certify, under the corporate seal, copies of all records, documents or paper in his office, when required by any officer or other person. But in no case shall the impression of the corporate seal be binding upoji the city, unless it be authorized By the charter or ordinances of the city, and is attested by the signature of the city clerk. CHAPTER XXXVI. SECOND-HAND DEALERS. Section. 1. Second-hand dealers defined. 2. License required — penalty. 3. Mayor to grant license — bond. 4. License to expire, when — revocation. 5. Book of purchases to be kept— penalty. 6. Book open to inspection. 7. Agents, clerks, etc., liable as principal. 8. Right to revoke license. Second-hand dealers defined. § 1. Whoever shall deal in, purchase, buy or barter second-hand furniture or second-hand house- hold goods of any description to sell again, shall be deemed dealers in second-hand goods within the meaning of this ordinance. City of Danville. 233 License required — penalty. § 2. Whoever shall carry on or conduct the business of second-hand store, and a dealer in second- hand furniture and household goods within the city of Danville, without having first obtained a license so to do, in accordance with the provisions of this ordinance, shall be fined not less than two dollars, nor more than one hundred dollars for each and every offense. Mayor to grant license — bond. § 3. The mayor is hereby authorized to grant a license to dealers in second-hand goods, at his discretion, on the following conditions : First. The person so applying for such license shall be, to the satisfaction of the mayor, a person of good moral character, and , *such applicant shall pay, as a license fee, the sum of twenty-five dollars per year, payable in quarterly installments in advance. Second. The applicant shall execute a bond to the city of Dan- ville, with one or more sureties to be approved by the mayor, in the penal sum of one thousand dollars, conditioned that the said applicant shall in every respect conform to the requirements or provisions of any existing ordinance of said city, and such ordinances as may thereafter be passed, concerning secjnd-hand stores; and thereupon the city clerk shall issue to such applicant a license as a dealer in second-hand - goods, under the corporate seal of the city, signed by the mayor and countersigned by the city clerk. License to expire, when — revocation. § 4. Every license issued under this ordinance shall expire at the end of the municipal year in which it is granted, subject, however, to the right of the mayor to revoke such license at any time, in his discretion, for cause which may appear to him sufficient. Book of purchases to be kept — penalty. § 5. Every person licensed as aforesaid shall keep at his place of business a substantial and well bound book, in which he shall enter a description of all personal property purchased by him or his clerks or agents, with the date of the purchase, the name and residence or place of business of the person from whom such purchase was made; also entering any prominent or descriptive marks that may be on such property. Said book shall be kept clean and legible, and all the entries made therein shall be in ink, and no entry therein shall be afterward erased, obliterated or defaced. Any person licensed under this ordinance as aforesaid, who shall neglect or refuse to comply with any of the provisions of this section, shall be fined not less than five dollars, nor more than one hundred dollars for each and every offense. 234 Ordinances of the Book open to inspection. § 6. Every person so licensed as afore- said, during ordinary business hours, when requested by the mayor, city marshal, or any policeman, shall submit and exhibit such book, provided for in section five (5), to the inspection of either of the above named officers ; and any person so licensed as above stated, who fails, neglects or refuses to comply, or obstructs the officer in making the inspection of such book, shall, in either case, be fined not less than five dollars, nor more than one hundred dollars for each offense. Agents, clerks, etc., liable as principal. .§ 7. Any agent, clerk or emyloyee of any licensed second-hand store, who shall violate any of the provisions of this ordinance, shall be subject to the same penalties herein prescribed for such violations when done by a licensed dealer in second-hand goods or keeper of a second-hand store. Right to revoke license. § 8.' Any violation of any of the provisions of this ordinance by any dealer in second-hand goods, or by his clerk, agent or employee, shall be sufficient cause for the revocation of the license of such dealer in second-hand goods, in the discretion of the mayor. 235 City of Danville. CHAPTER XXXVII. . SEWERS. Section. 1. All sewers declared local improvements. 2. Divides city into sewer districts. 3. Sewers to conform to Warring’s specifications. 4. Manner of constructing sewers with reference to laterals. 5. Sewers to be in center of streets or alleys. 6. Construction of house connections — penalty. 7. Engineer to keep plats showing location of sewers. 8. Private connections to be made by licensed plumber. 9. Application to engineer for house connection. 10. Engineer to grant permits. 11. Private sewers — bond — inspection. 12. Manner of opening trenches, etc. — notice — inspection. 13. Private connections made under engineer’s direction. 14. Uncovering sewer or tampering with flush-tanks, etc. — penalty. 15. No opening for storm water, garbage, etc., allowed. 16. Not to excavate around sewers without permit. 17. License from engineer required. 18. Engineer, etc., to have access to private house for inspection. 19. Connections must have fixtures for water supply. 20. When no engineer appointed, acting engineer to act. 21. Penalty. 22. Engineer to prepare blanks, etc. 23. Heavy weights over sewers prohibited. 24. Flushing sewers — obstructions. All sewers declared local improvements. § 1 . All sewers, both main and lateral, hereafter constructed in the city of Danville are hereby declared a local improvement, and the cost thereof shall be provided for by special taxation of property benefited, as herein- after provided. And all such sewers shall be under the supervision and control of the city engineer of said city, subject to the control and direction of the city council when in session. Divides city into sewer districts, g 2. Said city shall be, and hereby is, divided into sewerage districts, numbered from one to eighteen. The boundaries of said several sewerage districts are () hereby declared to be as follows, viz: District No. 1. Beginning where the center line of Main street crosses the center line of the right of way of the Wabash, St. Louis & Pacific railway ; thence east to the center of Stony creek ; thence up the center of said Stony creek to the south line of North street; thence west to 236 Ordinances of the the center lin4 of the said right of way of the said Wabash, St. Louis & Pacific railway; thence southwesterly along the. center of said right of way to the place of beginning. District No. 2. Beginning where the south line of North street crosses the center of the right of way of the Wabash, St. Louis & Pacific railway; thence northeasterly along the center of said right of way to the center of Stony creek ; thence down the center line of Stony creek to the south line of North street; thence west along the south line of North street to the place of beginning. District No. 3. Beginning where the center line of Main street crosses the center line of the right of way of the Wabash, St. Louis & Pacific railway ; thence southwesterly along the center line of said right of way to the center of South street ; thence south to a point halfway between the south side of South street and the north side of Green street ; thence east to the east side of lot 4 in block 7 in McRoberts & Walker’s addition to Danville ; thence north to the south line of South street ; thence east to the west line of Park street ; thence north to the north side of South street ; thence east to the center of Stony creek; thence up the center of Stony creek to the center of Main street ; thence westerly along the center line of Main street to the place of begin- ning. District No. 4. Beginning where the center line of Main street crosses the center of Stony creek ; thence easterly on the center line of Main street to the center line of Bowman avenue ; thence south to the Vermilion river j thence up the Vermilion river to the center of Elizabeth street extended ; thence north along the center of Elizabeth street to the center line of Wayne street; thence east to a point sixty-six feet east of the east line of Elizabeth street ; thence north to the center of Pearl street; thence west to Park street; thence north on the or public- grounds, or in filling or restoring the same to the condition in which such streets, alleys, avenues and public grounds were in before such excavations were made. § 4. That during the laying of said pipes the said J. R. Kendall and Will Beckwith, their associates, successors and assigns, shall not unnecessarily obstruct the streets, avenues, alleys or public grounds- of said city, and mot more than three hundred (300) feet of' any street, avenue or alley, shall be obstructed at any on'e time by said J. R. Kendall, Will Beckwith, their associates, successors and assigns, and that the said J. R. Kendall and Will Beckwith, their associates, successors and assigns, shall restore such streets, avenues, alleys or public grounds in as good and like condition as before the same was commenced. In case dispute arises between the city engineer of said city and said J. R. Kendall and Will Beckwith, their associates, successors and assigns, as to the sufficiency of the restoration of such streets, avenues, alleys and public grounds to their former condition, the said dispute shall be referred to the mayor of said city, whose decision in the matter shall be final. § 5. That the rights and privileges herein granted are not to be construed to interfere with or abridge the rights or privileges of any person or any corporation or company here before granted by 'the city or which may hereafter be granted while in the lawful exercise of the same. § 6. That the rights and privileges herein granted are subject to such sanitary and police regulations and control, as the council may deem just and proper. § 7. That the right and privilege to lay said gas mains and pipes upon the streets of said city shall not apply to those streets which have been paved with brick, or those streets, except Main street, which are now in process of being paved ; Provided , however , that nothing herein contained shall be so construed as to prevent said persons, their associates, successors or assigns, from crossing said Appendix. 311 paved streets with their mains, wherever it is necessary to so cross the: same. § 8. The rights, privileges and franchises hereby granted are given upon the express and positive condition that said J. R. Kendall and Will Beckwith, their associates, successors or assigns, shall never charge any consumer of gas more than at the rate of one dollar per one thousand cubic feet of gas consumed. § 9. That the manner in which the said J. R. Kendall and Will Beckwith, their associates, successors and assigns, shall lay the mains, sub-mains and gas pipes across any of the sewers, ditches, streets or alleys of said city of Danville, shall be under the direction of the city engineer of said city. So far as practicable all such mains, sub-mains and gas pipes shall be laid in the alleys of the said city of Danville and not in the streets of said city. § 10. The rights, privileges and franchises by this ordinance are. given upon the express condition that said J. m R. Kendall and Will Beckwith, their associates, successors and assigns shall within sixty days from the approval of this ordinance notify the city clerk of their acceptance of the provisions of this ordinance and shall, within said time, actually begin work upon the gas works, apparatus or the work of laying the mains, sub-mains or gas pipe which may be required to operate a system of gas works. §11. That for each violation of the provisions of this ordinance by the said J. R. Kendall and Will Beckwith, their associates, successors and assigns or any or either of them, or by their agents, servants, workmen or employes, the said J. R. Kendall and Will Beckwith, their associates, successors or assigns or any or either of them, shall be liable to and shall pay a fine or penalty of not less than twenty dollars. § 12. This- ordinance shall be in force from and after its passage and due publication. Passed and approved this the 28th of May, A. D. 1891. Attest : Joseph Shatz, City Clerk. John Beard, Mayor. The foregoing ordinance was published in “ The Danville Daily Press,” (the same being a newspaper published in Danville, Illinois,) dated May 30, 1891. Joseph Siiatz, City Clerk. 312 Appendix. AN ORDINANCE PROVIDING FOR A SUPPLY OF WATER TO THE CITY OF DANVILLE AND ITS INHABITANTS; AUTHORIZING THE DANVILLE WATER COMPANY TO CONSTRUCT AND MAINTAIN WATER WORKS ; CON- TRACTING WITH SAID COMPANY FOR A SUPPLY OF WATER FOR PUBLIC USE, AND GIVING SAID CITY AN OPTION TO PURCHASE SAID WORKS. Be it ordained by the City Council of the City of Danville, in manner following — that is to say : § 1. The privilege is hereby granted to the Danville Water Company, a corporation duly organized and existing under the laws of the State of Illinois, and to its successors and assigns, for thirty years from the passage of this ordinance, to construct and maintain within and near the city of Danville, water works for supplying the said city and the inhabitants thereof and of the adjacent munic- ipalities and territory with water for public and private uses, and to use the streets, aljeys, sidewalks and public grounds, and the rivers, streams and bridges of the city of Danville, within its present and future corporate limits, for placing, taking up and repairing mains, hydrants and other structures and devices requisite for the service of water. § 2. The source of water supply shall be the North Fork of the Vermilion river at a point above the present sewage of the city of Danville, north of Fairchild street. The pump house shall be of stone or brick, of ample size to accommodate the machinery of the said water company, and there shall be two pumping engines of modern and appropriate style and good efficiency, having an aggregate pump- ing capacity of four million gallons of water in twenty-four hours. There shall be a stand-pipe as part of the water works system, not less than one hundred and fifty feet high. All the mains used in the said construction shall be tested at their place of manufacture, before being laid, under a pressure of three hundred pounds to the square inch, and they shall be of suitable size to furnish an abundant supply of water for present and future requirements. The fire hydrants rented by said city, as hereinafter stated, shall be of modern and appropriate style and good efficiency, with frost jacket, and with double delivery, fitted to connect with the hose coupling now in use by the fire department of said city. Written notice being given by Appendix. 313 said company to said city of Danville, there shall be a test of the power and capacity of said water works on their completion, when they 1 shall throw from separate hydrants in the business portion of said city six simultaneous fire streams through a fifty-feet section of hose and a one-inch nozzle, to a height of one hundred feet, and when they shall throw at another time from separate hydrants in other portions of the said city four simultaneous effective fire streams. § 3. The said water company shall commence in good faith the construction of said water works within sixty days from the passage and approval of this ordinance, and shall have in successful opera- tion at least eight miles of water mains in said city in the month of September, in the year 1883, and shall have the said works fully completed, with ten miles of water mains in said city, in the month of December, in the year 1883. The lines of water mains shall be so located and laid as to afford fire protection to the several wards, there being no less than one mile of mains in each ward. § 4. All mains shall be so located and laid as not to interfere unnecessarily with any pipes, mains, conduits and sewers existing at the time of such location and laying. There shall be no unreasonable or unnecessary obstruction of the streets, alleys, sidewalks or public grounds of the said city by said water company in constructing the said works or in placing, taking up or repairing any mains, hydrants or other structures or devices requisite for the service of water, and the said water company, after using the said streets, alleys, sidewalks and public grounds, shall restore them, within a reasonable time, as nearly as practicable to their former condition, and shall hold the said city harmless from any and all damages arising from negligence or mismanagement of said wat$r company or its employees in con- structing, extending or operating said works. In all street excavations the said water company shall keep red danger lights burning at night along the line of the same, at least one light to every one hundred and fifty feet, and shall erect and maintain sufficient barricades at the ends of said excavations and at all streets and alleys where they cross said excavations. If the said city shall change the surface of any street or alley in which the said water company shall have laid a main, and if such change shall exceed one foot, and if the said water company shall relay its said main on account of such change, then the said city shall reimburse to the said water company the actual cost thereof. § 5. If at any time it shall appear that the said water company, by extending its mains, will derive a steady additional revenue of not less than one hundred dollars per annum for every three hundred 314 Appendix. feet of such extension, either from responsible private consumers, secured by written agreement, or from the rental of publicfire hydrants upon the terms hereinafter stated, then the city council mat by ordinance require the said water company to make such extension without unnecessary delay. But at the expiration of thirty years from the passage and approval of this ordinance, all right of said city of requiring extensions shall cease, unless the rights, privileges and contract hereby granted and made shall have been renewed. . § 6. The said water company shall not charge to consumers during the continuance of the franchises granted by this ordinance exceeding the following maximum annual rates. But it shall have the right, at its Xvill at any time, to insert a meter into the service pipe of any consumer, and to supply him at meter rates: Banks, with one basin jj Bakery, each oven $10 oo to Barber shop, first chair Barber shop, each additional chair , Bath, without heating apparatus, private . . . ... . . Bath, with heating apparatus, private Bath, in boarding house or hotel, first tub Bath, in boarding house or hotel, each additional tub Bath, public, not less than Brewery, per barrel brewed Billiard saloon, each table . Boarding house, per room (no license less than $10 oo) .... Book bindery, not less than Brickwork, per 1,000 laid Brickyard, each gang of hands Butcher shop, steam extra Candy manufacturers t 15 00 *5 Cigar manufacturers (no license less than $ 10 00), per hand . . Confectioners 10 00 to Cow, each Distilleries, for each barrel distilled Dyeing and scouring 10 00 to Forge, first fire Forge, each additional fire . ^ Fountain, six months (running not more than six hours per day), according to size of jet 12 00 to Halls and theatres 12 00 to Horse, one, including washing carriage Horse, each additional Horse, for private stable, not less than Hotel, per room $ 10 00 30 60 6 03 “ 3 00 4 00 5 00 8 00 >4 00 12 00 05 4 00 J 1 50 10 00 10 2'5 00 10 00 30 00’ 2 00 30 00 2 00 . IO' 30 00 5 00 2 00 50 00 30 00 4 00 2 00 3 00 special. Appendix. 315 Ice-cream saloon . -. . . . io oo to 20 co Laundry 24 00 to 100 oo' Offices or sleeping rooms 5 00 to 10 00 Oyster saloons 10 00 to 20 00 Printing offices, six hands or less (engine extra) 12 00 Printing office, each additional hand 1 50 Photograph galleries ....'. 10 00 to 15 00 Plastering, per square yard . ]/ z Residence, occupied by one family,' for domestic use, one to three rooms . 5 00 Residence, each additional room 1 00 Restaurant . 12 00 to 20 00 Saloons .’ 10 00 to 30 00 Sprinkling, private garden, ^f-hose, ^-nozzle, first 50 yards, per square yard 04 Sprinkling-, all over 50 yards, per square yard 02 Sprinkfing-carts, per month special. Sprinkling sidewalk to center of street, s^-hose, yg-inch nozzle, hours per day (no license less than #5 00), per foot front, 10 Stable, livery, board or sale, six horses or less, including carriage washing 12 00 Stable, each additional stall 1 50 Steam boilers, rated per horse-power, from one to ten horse- power (working ten hours p.er day) 4 00 Steam boilers, each additional up to twenty 3 00 Steam boilers, over twenty special. Stonework, per perch ...... 07 Stores and shops A ....... 8 00 to 20 00 Tenement, (no license less than $6 00) per room ....... 1 50 Tobacco manufacturers, (no license less than #5 00) per hand . . 1 50 Urinal basins * * * . . 6 00 to 12 00 Water closets, private : . . . . 5 00 Water closets, public , 10 00 Wash basins, in dwelling * 2 00 Wash basins, in hotel 3 ‘00 METER RATES. 100 to 500 gallons- per day, per 100 gallons 05 500 to 1,500 gallons per day, per 100 gallons 04 1,500 to 3,000 gallons per day, per 100 gallons 03^ 3.000 to 5,000 gallons per day, per 100 gallons . . . . 03 5,600 to 10,000 gallons per day, per 100 gallons * . . . 02^. 10.000 or more gallons per day, per 100 gallons * 02 The rates in this section prescribed shall be paid quarterly, except sprinkling rates, which shall be paid for the season. 316 Appendix. § 7. At the expiration of five, ten and twenty years after the completion of said works, and at the expiration of said term of thirty years, and at the expiration of any renewed term thereof, said city shall have the right to purchase said works with its privileges and property at a fair valuation, to be ascertained as follows : In the event said city and said water company shall fail to agree on the price, three disinterested appraisers of good intelligence, not residents of the county of Vermilion, shall be chosen and sworn to determine the value thereof. One to be appointed by the said city, one by the said water company,' and the third by the two so appointed. When said three persons shall have been so chosen, and before they determine said value, the said city and the said water company shall each at their option have the right to call non-resident experts, not exceeding three in behalf of each party to give testimony under oath before said three appraisers as to such value. The said three appraisers shall then proceed to determine such value, and in so doing, they shall take into consideration the productive value of the said water works, rights, privileges and property. And in the event there being no existing fire hydrant contract with said city at the date of such appraisement, the last existing contract shall be included in the estimated productive value, as though still in existence. When the three or their majority shall have made an award in writing, ten per centum shall be added to the amount thereof; Provided , the appraisal be made at the expiration of five years, but no per centum shall be added to the ascertained value of said property after the first period of five years. And the said city shall then have the option of refusing to pay after such award shall have been made, or of paying in cash to said water company within three months from the date of such award, the amount thereof and the said additional ten per centum thereon. If the said city shall refuse to purchase as aforesaid, it shall pay the necessary expenses incurred in making of said award. The said city shall, in such purchase, assume and perform all unfinished contracts made by said water company for furnishing water, and shall assume and pay all debts and obligations of said company, not exceeding in amount the said purchase money to be paid by said city. And all sums so paid shall be in part discharge of said purchase money. But if said city shall determine to avail itself of this right to purchase, it shall, in all cases, give written notice to the said water company of such determination, at least one year before the expiration of said privileges, or before the other appointed dates of purchase. Appendix. 31 T § 8. In consideration of the benefits which will be derived by the said city and its inhabitants from the construction and operation of the said water works, and in further consideration of the water supply hereby secured for public uses, and as the inducement to said water company to accept the provisions of this ordinance and contract, and to enter upon the construction of said water works, the rights and privileges hereby granted to and vested in said water company shall remain in force and effect for thirty years from the passage of this ordinance ; and for the same consideration and as the same inducement, the City of Danville hereby rents of the Danville Water Company for the uses hereinafter stated, one hundred fire hydrants of the character hereinbefore described, for and during the term of thirty years from the passage of this ordinance, and agrees’ to locate them promptly along the line of the street mains, on demand of said water company, and on submission by it to said city of a plan of the location of said street mains, and agrees to use the said hydrants carefully and to pay said water company for a!ny injury which may happen to any of them when used by any officer, servant or member of the fire department of said city, and agrees to pay rent for said one hundred hydrants at the rate of seventy-five dollars each per year, and agrees to pay during the unexpired term of said ordinance and privilege, for any additional fire hydrants which the city may hereafter locate at the rate of sixty-two and fifty one hundredths dollars each, per year, for the next. forty additional hydrants, and for all fire hydrants in excess of one hundred and forty, at the rate of fifty dollars each, per year ; all of which sums shall be paid by said city to said water company, beginning from the dates when each of such hydrants shall be put into successful operation, in quarter yearly installments on the first days of February, May, August and November of each year, and terminating upon the expiration of said term of thirty years, or upon the purchase of said works and their privileges and property by the said city. £ 9. The fire hydrants rented by said city of the said water company shall be used only for the extinguishment of fires, and shall constantly furnish effective fire streams without the aid of portable* engines, and flushing gutters and sewers through a hose and fire nozzle. In flushing, no one hydrant shall be used exceeding ten minutes in one week, nor shall more than one hydrant opening be turned on at the same time, nor shall any flushing be done during the existence of a fire or without notice to the water company. § 10. The said water company shall constantly keep all fire hydrants rented of it by said city supplied with water for fire 318 Appendix. service, and shall maintain them in effective working order. The chief of the fire department of said city, or in his absence the officer in charge thereof, shall have charge and control of said fire hydrants, and may at any time cause such hydrants to be inspected, and if on such inspection any of said hydrants are found to be out of working order, he shall forthwith notify said water company in writing, specifying the hydrant or hydrants out of working order, and shall also report. to the city council the date of such examination and the result thereof and his subsequent action in the premises. And in case any such hydrant shall remain out of repair for one week or more after the said water company shall have been so • notified in writing, the said city shall be entitled to deduct from said hydrant rental account, the sum of ten dollars per week so long [as] such hydrant is not in working order : Provided , that the total amount so deducted shall not exceed double the yearly rental of such hydrant or hydrants. And in case that the said water company, after said water works shall have been completed and in ' successful operation, shall suffer a suspension of the supply of water for both domestic and- fire purposes exceeding thirty days, then and in that case said water company shall forfeit all privileges hereby granted, unless such suspension shall have been caused by circum- stances beyond the control of the said water company. § 11. The said water company or assigns, in consideration o^ said city renting such number of fire hydrants, hereby agree to gratuitously furnish and erect a combined spray and drinking fountain for man and beast, flowing twelve hours per diem, (and not exceeding two thousand gallons per diem), on the public square in said city ; and also to furnish free, water for said fountain, and in addition thereto, water for two additional drinking fountains, flowage not to exceed one thousand gallons each per diem, fountains to run except during freezing weather, also water free for all city offices and quarters of the fire department situated on lines of water mains in said city, (for drinking and washing purposes), for and during the term and continuance of this privilege and ordinance. Whenever the city council shall decide to erect additional public drinking fountains for man and beast, such fountains shall be located on the lines of water mains at such point or points as the city council may designate, the annual rental of such additional fountains shall be one hundred dollars each [per annum, payable quarterly as for fire hydrants. All public drinking fountains shall be provided with automatic valves or shall furnish a constant flowing stream through a small orifice, at the option of said water company or assigns to prevent the waste of water. Appendix. 319 § 12. The said water company shall provide and maintain at its own expense, a telephone or other electric line affording connection between its pump house and each principal fire department station, for use during fires, the city to furnish its own instruments. § 13. The said city shall adopt and enforce ordinances protecting the said water company in the safe and unmolested exercise of these franchises, and against fraud and imposition, and against injury to its property and waste of water by consummers, and the said water company may make and enforce as part of the conditions upon which it will supply water to consumers, all needful rules and regulations not inconsistent with law. § 14. This ordinance shall become binding as a contract on the said city of Danville in the event that the said Danville Water Company shall, within ten days from the passage and publication of this ordinance, file with the city clerk of said city its written acceptance of the terms, obligations and conditions of this ordinance, and upon such acceptance this ordinance shall constitute the contract, and shall be the measure of the rights and liabilities of the said cijy and of the said water company. § 15. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance, and especially the ordinance entitled : u An ordinance to provide for the construction and maintenance of water works for the supply of water to the city of Danville, Illinois, and its inhabitants, and for the prevention and extinguishment of fires in said city,” passed and approved April 22, 1882, are hereby repealed, and this ordinance shall take effect from and after its passage and publication. Passed and approved this 9th day of November, A. D. 1882. Attest : A. C. Freeman, L. T. Dickason, [seal.] City Clerk. Mayor. I, Alfred C. Freeman, city clerk of the city of Danville, Illinois, hereby certify that the foregoing ordinance was published in “ The Daily Commercial,” (the same being a newspaper published iu said city of Danville,) dated November lltli, A. D. 1882. A. C. Freeman, City Clerk. 320 Appendix. AN ORDINANCE TO AMEND AND CARRY OUT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANVILLE, ENTITLED “ AN ORDINANCE PRO- VIDING FOR A SUPPLY OF WATER TO THE CITY OF DANVILLE “AND ITS INHABITANTS; AUTHORIZING THE DANVILLE WATER “COMPANY TO CONSTRUCT AND MAINTAIN WATER WORKS ; “CONTRACTING WITH SAID COMPANY FOR A SUPPLY OF WATER “FOR PUBLIC USE, AND GIVING SAID CITY AN OPTION TO PUR- CHASE SAID WORKS,” PASSED AND APPROVED NOVEMBER 9TH, A. D. 1882. Whereas, The Danville Water Company has commenced in good faith the construction of its water works within sixty days from the passage and approval of an ordinance of the city council of the city of Danville, entitled “An ordinance providing for a supply of water “to the city of Danville and its inhabitants; authorizing the Dan- “ville Water Company to construct and maintain water works; “contracting with said company for a supply of water for public use, “and giving said city an option to purchase said works,” passed and approved November 9th, A. D. 1882 ; which commencement in good faith of said construction is hereby acknowledged ; and, Whereas , The Danville Water Company has submitted to the city of Danville a plan of the location and sizes of its street mains, and the city of Danville has thereupon, on demand of said water com- pany, located on said street mains the one hundred hydrants rented by the said city of Danville of the said water company ; and, Whereas, The Danville Water Company proposes, in addition to connecting its works for a water supply with the North Fork of the Vermilion river at a point above the present sewage of the city of Danville, north of Fairchild street, to dig a well or wells north of Fairchild street, in the vicinity of its pumping station, and to utilize for water supply the water pumped by it from such well or wells so dug : t Now, for amendment of said ordinance in conformity with the fore- going, and for the purpose of carrying out the said ordinances : Be it ordained by the City Council of the City of Danville, in man- ner following — that is to say : § 1. That section 2 of an ordinance of the city of Danville, entitled “An ordinance providing for a supply of water to the city “of Danville and its inhabitants; authorizing the Danville Water “Company to construct and maintain water works ; contracting with “said company for a supply of water for public use, and giving said “city an option to purchase said works,” passed and approved November 9th, 1882, which reads as follows: “§ 2. The source of water supply shall be the North Fork of the Vermilion river, at a point above the present sewage of the city of Danville, north of Fairchild street. The pump house shall be of stone or brick, of ample size to accommodate the machinery of the said water company, and there shall be two pumping engines of modern and appropriate style and good efficiency, having an aggregate pumping capacity of four million gallons of water in twenty-four hours. There shall be a^stand-pipe as part of the water works system, not less than one hundred and fifty feet high. All the mains used in the said construction shall be tested at their place of manufacture before being laid, under a pressure of three hundred pounds to the square inch, and they shall be of suitable size to furnish an abundant supply of water for present and future requirements. The fire hydrants rented by said city, as hereinafter stated, shall be of modern and appropriate style and good efficiency, with frost jacket, and with double delivery, fitted to connect with the hose couplings now in use by the fire department of said city. Written notice being given by said company to said city of Danville, there shall be a test of the power and capacity of said water works on their completion, when they shall throw from separate hydrants in the business portion of said city six simultaneous fire streams through a fifty-feet section of hose and a one-inch nozzle to a height of one hundred feet, and when they shall throw at another time from separate hydrants in other portions of said city four simultaneous effective fire streams,” Be, and the same is, hereby amended to read as folloivs : § 2. The Danville Water Company shall take its water supply from the North Fork of the Vermilion river at a point above the present sewage of the city of Danville, north of Fairchild street, or from a well or wells dug by it north of. Fairchild street, in the vicinity of- its pumping station, or from North Fork and such well or wells, changing from one to the other, or to both sources of supply, from time to time, at its discretion. The pump house shall be of stone or brick, of ample size to accommodate the machinery of the said water company, and there shall be two pumping engines of 21 322 Appendix. modem and appropriate style and good efficiency, havingan aggregate pumping capacity of four million gallons of water in twenty-four hours. There shall be a stand-pipe as part of the water works system, not less than one hundred and fifty feet high. All the mains used in the said construction shall be tested at their place of manu- facture before being laid, under a pressure of three hundred pounds to the square inch; and the locations and sizes of those permitted to be laid may be as follows, the said water company having the right to select the side of the street : From the pumping station to the intersection of Lincoln and Denmark streets, 14 inches diameter. In Woodbury street, from Franklin to Vermilion streets, 6 inches diameter. In Griggs street, from Junction avenue to Collett street, 6 inches diameter. In Lincoln street, from Denmark to Harmon avenue, 14 inches diameter. In Williams street, from Harmon avenue to Vermilion street, 10 inches diameter. In Williams street, from Vermilion to Section streets, 8 inches diameter. In Williams street, from Section to Junction avenue, 6 inches diameter. In Ann street, from Harmon avenue to Gilbert street, 4 inches diameter. In Seminary street, from Grant street to Harmon avenue, 6 inches diameter. In Madison street, from -Mill street to Harmon avenue, 4 inches diameter. In Madison street, from Harmon avenue to Vermilion street, 10 inches diameter. In Madison street, from Vermilion to Depot streets, 6 inches diameter. In Harrison street, from Mill to Pine streets, 4 inches diameter. In North street, from Robinson to Depot streets, 4 inches diameter. In Main street, from Pine to Franklin streets, 8 inches diameter. In Main street, from Franklin to Gray streets, 10 inches diameter. In Main street, from Gray to Collett streets, 6 inches diameter. In South street, from Vermilion to Buchanan streets, 6 inches diameter. In Chestnut street, from College to Elizabeth streets, 4 inches diameter. In Grant street, from Lincoln to Seminary streets, 6 inches diameter. In Mill street, from Madison to Harrison streets, 6 inches diameter. In Harmon avenue, from Lincoln to Williams streets, 14 inches diameter. In Harmon avenue, from Williams to Mansson streets, 10 inches diameter. In Robinson street, from Harrison to North streets, 4 inches diameter. In Gilbert street, from Williams to Madison streets, 6 inches diameter. In Pine street, from Madison to Main streets, 8 inches diameter. In Oak street, from Seminary to Madison streets, 4 inches diameter. In Franklin street, from Woodbury to Williams streets, 4 inches diameter. In Franklin street, from Williams to Madison streets, 6 inches diameter. In Franklin street, from Madison to Main streets, 4 inches diameter. In Walnut street, from Williams to Main streets, 4 inches diameter. * In Vermilion street, from Woodbury to Williams streets, 4 inches diameter. In Vermilion street, from Williams to Madison streets, 8 inches diameter. In Vermilion street, from Madison to Main streets, 10 inches diameter. In Vermilion street, from Main to South streets, 6 inches diameter. In Hazel street, from Williams to Madison streets, 4 inches diameter. In Hazel street, from Madison to Main streets, 6 inches diameter. In Hazel street, from Main to South streets, 4 inches diameter. In Hazel street, from South to Green streets, 6 inches diameter. In Jackson street, from Williams to Madison streets, 6 inches diameter. In Jackson street, from Madison to North streets, 4 inches diameter. In Depot street, from Madison to Main streets, 6 inches diameter. In Gray street, from Main to South streets, 4 inches diameter. 324 Appendix. In College street, from South to Chestnut streets, 6 inches diameter. In Elizabeth street, from South to Chestnut streets,^ 6 inches diameter. In Elizabeth street, from Chestnut to Wayne streets, 4 inches diameter. In Junction avenue, from Williams to Griggs streets, 6 inches diameter. In Buchanan street, from Main to South streets, 4 inches diameter. In Collett street, from Main to Griggs streets, 4 inches diameter. The fire hydrants rented by said city, as hereinafter stated, shall be of modern and appropriate style and good efficiency, with frost jacket, and with double delivery, fitted to connect with the hose couplings now in use by the fire department of said city. Said fire hydrants so rented by said city shall be set by the said water com- pany on whatever corner of the intersection it may select, but in all cases on the side of the street nearest to the main with which they are to connect ; and they are hereby located as follows : 1. At the intersection of Woodbury and Franklin streets. 2. At the intersection of Woodbury and Walnut streets. 3. At the intersection of Woodbury and Vermilion streets. 4. At the intersection of Clay and Franklin streets. 5. At the intersection of Tincher and Denmark streets. 6. In Franklin street, at the north side of the right of way of the I., B. & W. railway. 7. In Vermilion street, at the south side of the right of way of the I., B. & W. railway. 8. At the intersection of Lincoln and Denmark streets. 9. At the intersection of Lincoln and Sheridan streets. 10. At the intersection of Lincoln and Grant streets. 11. At the intersection of Lincoln and Chandler streets. 12. At the intersection of Williams street and Harmon avenue. 13. At the intersection of Williams and* Robinson streets. 14. At the intersection of Williams and Gilbert streets. 15. At the intersection of Williams and Oak streets. 16. At the intersection of Williams hnd Franklin streets. 17. At the intersection of Williams and Walnut streets. 18. At the intersection of Williams and Vermilion streets. 19. At the intersection of Williams and Hazel streets. 20. At the intersection of Williams and Jackson streets. 21. At the intersection of Williams and Depot streets. Appendix. 325 22. At the intersection of Williams and Section streets. 23. At the intersection of Wellington and Junction streets. 24. At the intersection of Wellington and Collett streets. 25. In Harmon avenue, at the north side of the right of way of the I., B. & W. railway. 26. At the intersection of Kimber and Grant streets. . 27. At the intersection of Cherry and Jackson streets. 28. In Franklin street, half way between Williams and Semi- nary streets. 29. In Vermilion street, half way between Williams and Semi- nary streets. 30. At the intersection of Ann and Gilbert streets. 31. At the intersection of Seminary and Grant streets. 32. At the intersection of Seminary streehand Harmon avenue. 33. At the intersection of Seminary and Gilbert streets. 34. At the intersection of Seminary and Franklin streets. 35. At the intersection of Seminary and Vermilion streets. 36. At the intersection of Seminary and Jackson streets. 37. At the intersection of Seminary and Collett streets. 38. At the intersection of Madison street and Harmon avenue. 39. At the intersection of Madison and Robinson streets. 40. At the intersection of Madison and Gilbert streets. 41. At the intersection of Madison and Pine streets. 42. At the intersection of Madison and Franklin streets. 43. At the intersection of Madison aud Walnut streets. 44. At the intersection of Madison and Vermilion streets. 45. At the intersection of Madison and Hazel streets. 46. At the intersection of Madison and Jackson streets. 47. At the intersection of Madison and Depot streets. 48. At the intersection of Herman and Collett streets. 49. At the intersection of Harrison and Franklin streets. 50. At the intersection of Harrison and Walnut streets. 51. At the intersection of Harrison and Vermilion streets. 52. At the intersection of Harrison and Hazel streets. 53. At the intersection of Harrison and Jackson streets. 54. At the intersection of Harrison and Depot streets. 55. In Vermilion street, at the corner of the alley between Harrison and North streets. 56. At the intersection of North and Robinson streets. 57. At the intersection of North aud Pine streets. 58. At the intersection of North and Franklin streets. 59. At the intersection of North and Walnut streets. 60. At the intersection of North and Vermilion streets. 61. At the intersection of North and Hazel streets, 326 Appendix. 62. At the intersection of North and Jackson streets. 63. At the intersection of North and Depot streets. 64. At the intersection of North street (extended) and Collett street. 65. In Franklin street, at the corner of the alley between North and Main streets. 66. In Walnut street, at the corner of the alley between North and Main streets. 67. At the intersection of VanBuren alley and Vermilion street. 68. At the intersection of VanBuren alley and Hazel street. 69. At the intersection of VanBuren alley and Depot street. 70. At the intersection of Main and Pine streets. 71 . In Main street, half way between F ranklin and Pine streets. 72. At the intersection of Main and Franklin streets. 73. At the intersection of Main and Walnut streets. 74. In Main street, at the corner of the First National Bank. 75. At the Postoffice corner. 76. At the intersection of Main and Hazel streets. 77. In Main street, at the corner of the alley between Hazel and Jackson streets. 78. At the intersection of Main and Jackson streets. 79. At the intersection of Main and Depot streets. 80. At the intersection of Main and Gray streets. 81. At the intersection of Main and McDonald streets. 82. At the intersection of Main and Park streets. 83. At the intersection of Main and Fremont streets. 84. At the intersection of Main and Clark streets. 85. At the intersection of Alain and Buchanan streets. 86. At the intersection of Main and Collett streets. 87. At the intersection of South and Vermilion streets. 88. At the intersection of South and Hazel streets. 89. At the intersection of South and Jackson streets. 90. At the intersection of South and Gray streets. 91. At the intersection of South and Park streets. 92. At the intersection of South and Elizabeth streets. 93. At the intersection of South and Buchanan streets. 94. At the intersection of Green and Hazel streets. 95. At the intersection of Green and College streets. 96. At the intersection of Chestnut and College streets. 97. At the intersection of Chestnut and Park streets. 98. At the intersection of Chestnut and Elizabeth streets. 99. At the intersection of Pearl and Elizabeth streets. 100. At the intersection of Wayne and Elizabeth streets. Appendix. Written notice being given by said company to said city of Dan- ville, there shall be a test of the power and capacity of said water works on their completion, when they shall throw from separate hydrants in the business portion of said city, six simultaneous fire streams, through a fifty-feet section of hose and a one-inch nozzle, to the height of one hundred feet, and when they shall throw at another time from separate hydrants in other portions of the said city four simultaneous effective fire streams: Provided . , however , That nothing in this section shall be so construed as to operate against the full force and effect of section 9 and that part of section 2 of the original ordinance which provides for laying of mains of suit- able size to furnish an abundant supply of water for present and future requirements. § 2. This ordinance shall become binding as a part of the con- tract existing between the city of Danville and the Danville Water Company in the event that said water company shall, within ten days from the passage and publication of this ordinance, file with the city clerk of said city its written acceptance of it. § 3. All ordinances and resolutions and parts of ordinances or resolutions in conflict herewith are hereby repealed, and this ordi- nance shall take effect at its passage and publication. Passed by city council, May 1st, A. D. 1883. Approved June 2d, 1883. Attest : A. C. Freeman, City Clerk [seal.] I, Alfred C. Freeman, city clerk of the city of Danville, Illinois, hereby certify that the foregoing ordinance was published in “ The Danville Leader,” (the same being a newspaper published in said city of Danville, Illinois,) dated Friday, June 8th, 1883. A. C. Freeman, City Clerk. # L. T. Dickason, Mayor. 328 Appendix. AN ORDINANCE PROVIDING FOR THE EXTENDING OF THE PIPE SYSTEM OF THE DANVILLE WATER COMPANY, AND THE RENTING OF TWO ADDI- TIONAL FIRE HYDRANTS. Be it ordained by the City Council of the City of Danville , in manner following — that is to say: § 1. That the city of. Danville requests, and hereby requires, the Danville Water Company to extend its pipe system along North street to reach the places on said street hereinafter described, and that the city of Danville further requests, and hereby requires, the Danville Water Company to put up two additional fire hydrants, of the kind required by the water works ordinance of the city of Dan- ville, passed and approved November 9th, 1882, and in consideration of the compliance of the Danville Water Company with the foregoing requests and requirements, the city of Danville hereby rents of the Danville Water Company the said two additional hydrants, located in the following described places, to-wit : No. 102. At the intersection of North and Hayes streets. No. 103. At the intersection of Harrison and Mill streets. And the city of Danville agrees and binds itself to pay therefor to the Danville Water Company, for the uses and subject to the con- ditions stated in said ordinance of November 9, 1882, for and during tliQ term of thirty years from the passage of this ordinance, at the rate of $62.50 per hydrant per annum, beginning at the date when said hydrants shall respectively be put into successful operation, in quarter-yearly installments, on the first day of February, May, August and November of each year, and terminating upon the expira- tion of the said term of thirty years, or upon the purchase of said works and their privileges and property by the said city. § 2. This ordinance shall become binding as a contract on the said city of Danville in the event that the Danville Water Company shall, within ten days from the passage and approval of this ordi- nance, file with the city clerk its written acceptance of it. Passed and approved the 3d day of July, A. D. 1884. Attest : A. C. Freeman, City Clerk. L. T. Dickason, Mayor. The foregoing ordinance was published in “The Danville Daily Commercial,” (the same being a newspaper published in Danville, Illinois,) dated June 11, 1884. A. C. Freeman, City Clerk. Appendix. 329 AN ORDINANCE PROVIDING FOR EXTENDING *TIIE PIPE SYSTEM OF TIIE DANVILLE WATER COMPANY AND RENTING OF IT TWO ADDITIONAL HYDRANTS. Be it ordained by tl/e City Council of the City of Danville , in manner following — that is to shy : § 1. That the city oT Danville requests and hereby requires the Danville Water Company to extend its pipe system along North street, to reach the places on said street hereinafter described, and that the city of Danville further requests and hereby requires the Danville Water Company to put t*vo additional fire dydrants of the kind required by the water works ordinance of the city of Danville, passed and approved November 9th, 1882 ; and in consideration of the compliance, by the Danville Wafer Company, with the foregoing requests and requirements, the city of Danville hereby rents of the Danville Water Company, the said two additional hydrants located in the following described places, to-wit : No. 102. At the intersection of North and Ilayes streets., No. 103. At the intersection of Harrison and Mill streets. And the city of Danville agrees and binds itself to pay therefor to the Danville Water Company for the uses and subject to the conditions stated in the said ordinance of November 9th, 1882, for and during the term of thirty years from the passage of this ordinance, at the rate of sixty-two dollars and fifty cents per hydrant per annum, beginning from the date when such hydrants shall respectively be put into successful operation, in quarter yearly installments, on the first days of February, May, August and November of each year, and terminating upon the expiration of the said term of thirty years or upon the purchase of said works and their privileges and property by the said city. § 2. This ordinance shall become binding as a contract, of the said city of Danville in the event that the Danville Water Company 330 Appendix. shall, within ten days from the publication of this ordinance, file with the city clerk its written acceptance of it. Passed and approved August 7th, A. D. 1884. Attest : A. C. Freeman, City Clerk. L. T. Dickason, Mayor. The foregoing ordinance was published in “ The Danville Daily News,” (the same being a newspaper published in the city of .Danville, Illinois,) dated Friday, August 15, 1884. A. C. Freeman, City Clerk. AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE PIPE SYSTEM OF THE DANVILLE WATER COMPANY AND RENTING OF IT FOUR ADDITIONAL FIRE HYDRANTS. Be it ordained by the City Council of the City of Danville , Illinois , in the manner following, that is to say : § 1. That the city of Danville requests and hereby requires the Danville Water Company to extend its pipe system, by laying the following described water mains : a four-inch main in Wayne street between the Wabash hospital and Buchanan street ; a four-inch main in Oak street, between Seminary and Ann streets ; a six-inch main in Buchanan street between Wayne and Commercial streets ; a six-inch main in Collett street, between Griggs street and the first alley north of the I. B. & W* railway tracks. And hereby requires the Danville Water Company to put up at the places hereinafter named, four additional fire hydrants of the kind required by the water works ordinance of the city of Danville, passed and approved on November 9th, 1882 ; and in consideration of the compliance of the Danville Water Company with the foregoing requests and requirements, the city of Danville hereby rents of the Danville Water Company the four additional fire hydrants, to-wit : No. 104. At the intersection of Oak and Ann streets. Appendix. 331 No. 105. At the intersection of Buchanan and Commercial streets. No. 106. At the intersection of Junction avenue and I. B. & W. railway track. No. 107. At the intersection of Collett street and first alley north of I. B. & W. railway track. And the city of Danville agrees and binds itself to pay therefor, to the Danville Water Company for the uses and subject to the conditions stated in the said ordinance of November 9th, 1882, for and during the term of thirty years from the passage of this ordinance, at the rate of sixty-two dollars and fifty cents per hydrant per annum, beginning with the date when said hydrants shall respectively be put up and connected with the water works of the said water company, in quarter yearly installments, on the first days of February, May, August and November of each year, subject to termination by the purchase of the said works by the city of Danville. § 2. This ordinance shall become binding as a contract on the city of Danville, in the event that the Danville Water Company shall, within twenty days from the publication of this ordinance, file with the city clerk its written acceptance of it. Passed and approved this first day of April, A. D. 1886. Attest : A. C. Freeman, City Clerk. John Beard, Mayor. The foregoing ordinance was published in “ The Danville Leader,” (the same being a newspaper published in the city of Danville, Illinois,) dated Friday, April 9, A. D. 1886. A. C. Freeman, City Clerk. 382 Appendix. AN ORDINANCE. PROVIDING FOR EXTENDING THE WATER MAINS OF THE DAN- VILLE WATER COMPANY AND RENTING OF IT FIVE ADDITIONAL HYDRANTS. Be it ordained by the City Council of the City of Danville, Illinois, in the manner following — that is to say : § 1. That the city of Danville requests and hereby requires the Danville Water Conpany to extend its water mains by laying a four-inch main in Vermilion street from Woodbury to English street, and by laying a four-inch main in Franklin street from Wood- bury street to Townsend avenue, and that the city of Danville hereby requires the said water company to put up at the places hereinafter named five additional fire hydrants of the kind required by the water works ordinance of the city of Danville, passed and approved November 9th, 1882, and in consideration of the compliance by the Danville Water Company with the foregoing request and require- ments the city of Danville hereby rents from the Danville Water Company the said five additional fire hydrants, to-wit : No. 108. At the intersection of Vermilion street and Fairchild street. No. 109. At the intersection of Vermilion street and Townsend avenue. No. 110. At the intersection of Vermilion street and English street. No. 111. At the intersection of Franklin street and Fairchild street. No. 112. At the intersection of Franklin street and Townsend avenue. And the city of Danville agrees and binds itself to pay therefor to the Danville Water Company for the uses and subject to the con- ditions stated in the said ordinance of November 9th, 1882, for and during the unexpired term of thirty years from November 9th, 1882, and from the date of the passage of this ordinance, at the rate of sixty-two dollars and fifty cents ($62.50) per hydrant per annum, beginning with the date when such hydrants shall be respectively put up and connected with the water works of the said water com- pany, in quarter-yearly installments, on the first day of February, Appendix. 333 May, August and November of each year, subject to termination by the purchase of said water works by the city of Danville. § 2. This ordinance shall become binding as a contract on the city of Danville in the event that the Danville Water Company shall, within twenty days from the publication of this ordinance, file with the city clerk its written acceptance thereof. Passed and approved June 19, 1890. Attest : Joseph Shatz, W. R. Lawrence, City Clerk. Mayor. I, Joseph Shatz, city clerk of the city of Danville, Illinois, do hereby certify that the above and foregoing ordinance was published in “The Danville Daily Press,” (the same being a newspaper pub- lished in said city and state,) dated Tuesday, June 24th, 1890. Joseph Shatz, City Clerk. AN ORDINANCE PROVIDING FOR EXTENDING THE WATER MAINS OF THE DAN- VILLE WATER COMPANY AND RENTING OF IT THREE ADDITIONAL HYDRANTS, Beit ordained by the City Council of the Citiy of Danville, Illinois, in the manner following — that is to say : § 1. That the city of Danville requests and hereby requires the Danville Water Company to extend its water mains by laying a, four-inch water main in Hazel street, from Davis street to Fairchild street, and that the city of Danville hereby requires the said water company to put up at the places hereinafter named three additional fire hydrants of the kind required by the water works ordinance of the city of Danville, passed and approved November 9th, 1882, and in consideration of the compliance of the Danville Water Company with the foregoing requests and requirements the city of Danville hereby rents of the Danville Water Company the said three addi- tional fire hydrants, to-wit : 334 Appendix. No. 113. At crossing of Clay and Hazel streets. No. 114. At crossing of Woodbury and Hazel streets. No. 115. At crossing of Fairchild and Hazel streets. And the city of Danville agrees and binds itself to pay therefor to the Danville Water Company for the uses and subject to the con- ditions stated in the said ordinance of November 9th, 1882, for and during the unexpired term of thirty years from November 9th, 1882, and from the date of the passage of this ordinance, at the rate of sixty-two dollars and fifty cents ($62.50) per hydrant per annum, beginning with the date when said hydrants shall be respectively put up and connected with the water works of the said water com- pany, in quarter-yearly installments, on the first day of February, May, August and November of each year, subject to termination by • the purchase of said water works by the city of Danville. § 2. This ordinance shall become binding as a contract on the city of Danville in the event that the Danville Water Company shall, within twenty days from the publication of this ordinance, file with the city clerk its written acceptance thereof. Passed and approved August 20th, 1890. Attest : Joseph Shatz, W. R. Lawrence, City Clerk. Mayor. I certify that the above and foregoing ordinance was published in “The Danville Daily News,” (the same being a newspaper pub- lished in the city of Danville, Illinois,) dated Saturday, August 23d, 1890. Joseph Shatz, City Clerk. AN ORDINANCE TO AMEND SECTION 1 OF AN ORDINANCE ENTITLED “ AN ORDI- NANCE PROVIDING FOR EXTENDING THE WATER MAINS OF THE “DANVILLE WATER COMPANY AND RENTING OF IT THREE “ADDITIONAL HYDRANTS,” PASSED AND APPROVED AUGUST 20th, 1890. § 1. Be it ordained by the City Council of the City of Danville , That section 1 of an ordinance entitled “An ordinance providing for Appendix. 660 extending the water mains of the Danville Water Company and renting of it three additional hydrants,” passed and approved August 25th, 181)0, be, and the same hereby is, amended so as to locate fire hydrant No. 113 at the crossing of Hazel street and the first alley south of the Cleveland, Cincinnati, Chicago and St. Louis railroad, and the said Danville Water Company is hereby author- ized and requested to so locate said fire hydrant at the above named point instead of at the crossing of Clay and Hazel streets, as pre- scribed in said original ordinance. § 2. This ordinance to take effect immediately after its passage and approval. Passed and approved September 25th, 1890. Attest : Joseph Shatz, W. R. Lawrence, City Clerk. Mayor. AN ORDINANCE PROVIDING FOR EXTENDING THE WATER MAINS OF THE DANVILLE WATER COMPANY AND THE RENTING OF IT THREE ADDITIONAL HYDRANTS. § 1. Be it ordained by the City Council of the City of Danville , That the city of Danville requests and hereby requires the Danville Water Company, of Danville, Illinois, to extend its water mains by laying a six-inch water main from a convenient and proper point to the inclosure of the shops of the Chicago and Eastern Illinois Railroad Company at the Danville Junction, in Danville, Illinois. § 2. That the said city of Danville hereby further requires the said Danville Water Company to put at the places hereinafter specified three additional fire hydrants of the kind required by the ordinance of the said city of Danville relative to the water works of the said Danville Water Company, passed and approved on the 9th day of November, 1882 — that is to say : No. 116. One hundred and seventy-two feet east of present main and southeast of hydrant No. 101. No. 117. One hundred and seventy-two feet west of present main and southwest of hydrant No. 101. 336 Appendix. No. 118. One hundred feet north and two hundred feet east of hydrant No. 101. § 3. That in consideration of the compliance of the said Dan- ville Water Company with the foregoing request and requirements, the said city of Danville hereby rents of and agrees to pay to the said Danville Water Company for the said three additional hydrants during the unexpired term of thirty years from the 9th day of November, 1882, at the rate of sixty-two dollars and fifty cents ($62.50) annually for each hydrant, payable in quarter-yearly install- ments, commencing when the said hydrants are respectively in place and ready for use, for the uses and subject to the terms and condi- tions of the said ordinance, passed and approved on the 9th day of November, 1882. § 4. That the said quarter-yearly payments shall be made the first of February, the first of May, the first of August and the first of November in each year, and subject to termination by the pur- chase of the water works aforesaid by the said city of Danville. § 5. That this ordinance shall become binding as a contract upon its passage, approval and publication : Provided , however , That the said Danville Water Company shall, within ten days from the pub- lication hereof, file with the city clerk of the said city of Danville an acceptance in writing of all its terms, conditions and provisions. Passed September 3d, 1891 ; approved September 17th, 1891. Attest : Joseph Shatz, John Beard, City Clerk. Mayor. I, Joseph Shatz, city clerk of the city of Danville, do hereby certify that the above and foregoing ordinance was published in “ The Danville Daily Press,” (a newspaper published in this city and state,) dated September 18th, 1891. Joseph Sjrytz, City Clerk. Appendix. AN ORDINANCE PROVIDING FOR EXTENDING THE PIPE SYSTEM OF THE DAN- VILLE WATER COMPANY AND RENTING OF IT ANOTHER FIRE HYDRANT. Be it ordained by the City Council of the City of Danville , in manner following — that is to say : § 1. That the city of Danville requests and hereby requires the Danville Water Company to extend its pipe system to reach the southwest corner of Madison and Mill streets, and to put up at such corner one additional fire hydrant of the kind required by the water works ordinance of the city of Danville, passed and approved November 9th, 1882, and in consideration of the compliance by the said water company with the foregoing request and requirements, the said city of Danville hereby rents the said hydrant for the uses and subject to the conditions stated in the said ordinance of Novem- ber 9’th, 1882, for and during the uuexpired term of thirty years from the 9th day of November, 1882, and agrees and binds itself to pay therefor at the rate of sixty-two dollars and fifty cents ($62.50) per annum, beginning from the date when such hydrant shall be put into successful operation, in quarter-yearly installments, on the first days of February, May, August and November of each year, and terminating upon the expiration of the said term of thirty years from the 9th day of November, 1882, or upon the purchase of the said works and their privileges and property by the said city. § 2. This ordinance shall become binding as a contract on the city of Danville in the event that the Danville Water Company shall, within twenty days from the publication of this ordinance, file with the city clerk its written acceptance of it. Passed November 5th, 1891; approved November lltli, 1891. Attest : Joseph Shatz, John Beard, City Clerk. Mayor. I, Joseph Shatz, city clerk of the city of Danville, do hereby certify that the above and foregoing ordinance was published in “ The Danville Evening Commercial/’ (a newspaper published in the city of Danville,) dated Friday, November 13th, 1891. Joseph Shatz, Citv Clerk. 2*2 338 Appendix. AN ORDINANCE granting to the central union telephone company the right TO PLACE AND MAINTAIT ITS POLES AND WIRES ON THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF DANVILLE ON THE TERMS AND CONDITIONS THEREIN STATED. § 1. Be it ordained by the City Council of the City of Danville, State of Illinois , That the right is hereby granted for the term of fifteen years, to the Central Union Telephone Company, its successors and assigns, to place and maintain upon the streets, alleys and public ways of said city, the poles, wires and fixtures necessary and convenient, for supplying to the citizens of said city, and the public communication by telephone or other improved electrical device, all on the terms and conditions herein set forth : Provided , nothing herein contained shall be deemed and taken as granting an exclusive franchise to said Central Union Telephone Company. § 2. The location of the poles and lines now existing is hereby approved, except that all poles and lines which are now on any street shall be removed to an alley where there is an alley running parallel with such street, and within one hundred and sixty feet thereof, and any change therein or extension thereof, shall be made under the direction of the mayor and the committee on streets and alleys of said city. § 3. Such poles, wires and fixtures shall be so placed and maintained as not to interfere with ordinary travel on said highways, and said company shall hold and keep said city free and harmless from all damages arising by reason of such occupancy, and this right is given and shall be exercised subject to all reasonable and proper ordinances and regulations relating thereto, which said city may see fit, and be authorized now or at any time hereafter, to adopt. § 4. The said company shall allow the city’s fire alarm and police wires to be attached to and maintained on any such poles : Provided , that the same shall be done at the expense of said city or of the contractor with said city and under the direction of said company’s local manager in said city, and so as not to interfere w r ith said company’s business. § 5. Said company shall furnish to said city in consideration of the privileges and franchise granted by this ordinance, for city business, and without charge, and so long as an exchange is maintained hereunder, and with exchange service, one telephone at at the mayor’s place of business ; one at the residence of the chief •of the fire department of said city ; one at the office of the corpor- ation counsel ; one at the residence of city marshal, and one at office of city clerk, and one for each engine or hose house which said city may maintain ; and also such other and additional telephones, with exchange service as the city council by resolution may require, at twenty-five per cent, discount from the rates from time to time charged for office uses : Provided , that for each of such telephones so furnished, separate contracts shall be previously signed by the mayor, having endorsed thereon the terms of payment herein specified. § 6. All telephone poles shall, so far as practicable, be erected and maintained in the alleys of said city ; all poles erected in the streets of said city shall be straight, smooth and shapely, and shall be kept neatly painted with good paint of a pleasing color : Provided , that said poles may be painted black for a distance of not more than eight feet from the surface of the street. § 7. No person shall be permitted to disfigure, mar or use such telephone poles for the purpose of advertising anything, or for any other purpose whatever, without the consent of the said company and the city council of said city. § 8. Any person who shall disfigure, mar, or in any manner interfere with the said telephone poles or with said telephone wires or fixtures, shall be fined in any sum not less than ten dollars nor more than one hundred dollars for each offense. § 9. The expense of publishing this ordinance shall be paid by said Central Union Telephone Company. § 10. This ordinance shall be in full force from and after its passage, due publication and the filing of an unconditional acceptance of the terms thereof by said telephone company in the office of the city clerk of said city, within ten days from its passage. Passed and approved July 20, 1891. Attest : Joseph Shatz, City Clerk. John Beard, Mayor. The foregoing ordinance was published in “ The Danville Daily Press,” (the same being a newspaper published in said city of Danville,) dated July 25th, 1891. Joseph Shatz, City Clerk. 340 Appendix. AN ORDINANCE LOCATING PUBLIC PARKS, AND PROVIDING FOR THE ISSUE OF BONDS TO RAISE FUNDS WITH WHICH TO PURCHASE GROUNDS FOR SUCH PUBLIC PARKS. § 1. Be it ordained by the City Council of the City of Danville Illinois , That the following described premises, to-wit : Beginning at the southeast corner of the southwest quarter of section No. nine (9), township No. nineteen (19) north, range No. eleven (11) westof 2d P. M.; thence north nine hundred and twenty (920) links; thence west to the east boundary line of Illinois street as laid out and platted in W. C. McRevnolds’ third addition to Danville, as recorded on page 237 of Plat Record No. 1, in Vermilion county, Illinois ; thence south to the section line, and thence east to the place of begin- ning, be purchased and forever set apart for the use of the inhabitants of said city as a public park or pleasure ground, to be known as Douglas Park. § 2. That the following described premises, to-wit : The southeast quarter of the northeast quarter of section No. six (6), township No. nineteen (19) north, range No. eleven (11) west of 2d P. M., except a strip one hundred and ninety-eight (198) feet and eleven (11) inches wide off of the east side thereof, and also except a strip three hundred and forty-six (346) feet and six (6) inches wide off of the south side thereof, be purchased and forever set apart for the use of the inhab- itants of said city as a public park or pleasure ground, to be known as Lincoln Park. § 3. That for the purpose of raising funds with which to purchase such grounds, and improve the same, there shall be issued the bonds of the said city of Danville to the amount of fifteen thousand dol- lars, each bond to be of the denomination and value of one thousand dollars, and bearing interest at the rate of five per cent, per annum, payable annually at the office of the city treasurer, according to the tenor of the coupons attached to said bonds; the principal of said bond.s to be payable at the same place, and said bonds to mature and become due and payable as follows — that is to say: Three of said bonds to become due and payable in five years from the date of issue; three in six years; three in seven years; three in eight years, and three in nine years from said date of the issue of said bonds. All of said bonds to be issued by or under the supervision of the mayor and the committee on finance of said city. Appendix. 341 § 4. That there shall be annually included in the annual appro- priation ordinance and levied and collected with and as a part of the general taxes of the city for each fiscal year hereafter, until all of said bonds are paid, a sufficient amount of taxes to pay the interest on such bonds as it falls due, and also to pay and discharge the prin- cipal of said bonds as they fall due, as herein provided. § 5. The mayor and city clerk of said city of Danville are hereby authorized to sign said bonds and the interest coupons thereto attached so as to bind the said city of Danville for the prompt and faithful payment thereof. § 6. This act to be in full force from and after its passage. Passed and approved this 22d day of May, A. D. 1891. Attest : Joseph Shatz, John Beard, City Clerk. Mayor. 342 Appendix. AN ORDINANCE IN RELATION TO THE CHICAGO AND EASTERN ILLINOIS RAILROAD COMPANY. § 1 . Be it ordained by the City Council of the City of Danville r County of Vermilion and State of Illinois , That the Chicago and Eastern Illinois Railroad Company, its successors, lessees or assigns, is hereby authorized, empowered and permitted to construct, operate and forever maintain a single or double track railway, with all nec- essary switches, in, upon, and across the following streets in said city of Danville, and any and all intersecting streets and alleys at the points and on the route and manner hereinafter designated, to-wit : Beginning at a point three hundred (300) feet south at right angles, from the south line of Fairchild street, in the city of Danville, in the county of Vermilion, in the State of Illinois, and fifty (50) feet west of the east line of the west half of the southwest quarter of section tour (4), township nineteen (19) north, range eleven (11) west, in the county of Vermilion and State of Illinois ; thence south- easterly by a curve to the left with a radius of five hundred and twenty (520) feet, crossing the center line of Collett street two hun- dred (200) feet, measured on the center line of said street, north of the center line of the Indiana, Bloomington and Western railroad track, and connecting with the Evansville, Terre Haute and Chicago railway track, of which the said Chicago and Eastern Illinois Railroad Company is a lessee, four hundred and fifty-three (453) feet, meas- ured on the center line of railroad track, eastwardly from the east line of said Collett street, in said city of Danville, in accordance with the survey and profile hereto attached, marked Exhibit “A,” and made a part of the first section of this ordinance : However , Upon any and all conditions, limitations, restrictions and provisions which are now or may hereafter be lawfully imposed upon said company,, its lessees, successors or assigns — that is to say : § 2 That the fight of way hereby granted to the said Chicago and Eastern Illinois Railroad Company in, upon, over and across the above mentioned streets and alleys, in the first section of this ordi- nance, is upon the following conditions: Said Chicago and Eastern Illinois Railroad Company shall pay or cause to be paid all damages, incurred by any private property holder on account of the construc- tion, maintenance or use of this railroad as aforesaid, in, upon, over Appendix. 343 or across any of the said streets and alleys mentioned and named in the first section of this ordinance, and shall save and keep said city harmless from any and all loss, damages, suits or outlay of money or costs on account of or by reason of the construction or use of said railroad in, upon or across any of its above mentioned streets or intervening alleys by reason of the construction and use of said rail- road. § 3. That said railroad company shall have the right to use said railroad track for all purposes for which a railroad track is used, and shall be allowed to pass all or any of its trains of all classes and kinds over the same in order to connect the said railroad tracks at said point as aforesaid. § 4. That said railroad company, its lessees, successors or assigns, shall at all times be liable and conform to all ordinances of said city in regard to the rate of speed of running trains, and as to signals on crossings or other points, and to all ordinances in relation to railroads now or hereafter to be enacted by the city council in relation to rail- roads. § 5. This ordinance to be in full force and effect from and after its passage. Passed and approved this 3d day of April, A. D. 1884. Attest : A. C. Freeman, City Clerk. L. T. Dickason, Mayor. The foregoing ordinance was published in “ The Danville Leader,” (the same being a newspaper published in said city of Danville,) dated Friday, April 18th, A. D. 1884. A. C. Freeman, City Clerk. INDEX. INDEX Note — “ cl” stands for clause. ACCOUNTS. laws. Page. Section. Treasurer to keep, of each separate fund 36 93 Clerk to keep, of outstanding bonds 39 106 City collector to keep, as prescribed by council 37 100 In case of dispute, appeal to finance committee 40 108 ORDINANCES. City collector to keep, books of 114 7 ACCESSORIES. Defined and punished 187 69 ACTIONS. laws. To recover fines and penalties, how brought 27 66 Summons — affidavit — punishment ' 28 68 Form of process — arrest — imprisonment 85 267 ORDINANCES. Statement to be filed 217 22 No process necessary when lawful arrest made without warrant 217 23 ADDITIONS. (See Plats.) laws. Plat of, to be submitted to council 66 173 ORDINANCE. Streets of, must correspond with established streets 93 1 Plat of, must be submitted to council 93 2 Not valid unless approved by council 94 2 Penalty for selling lots in addition not approved 94 4 Penalty for recording plat of, not approved 94 3 Plat of, to have certificate signed by mayor and clerk...... 94 5 ADVERTISEMENTS. laws. Power of council to regulate posting of 20 17cl Power to regulate carrying of 20 18cl For bids for public improvements 58 164 348 Index. ALDERMEN. laws. Page. Section. May be elected on general ticket 5 7 At first election classified 16 52 Number of 10 30 Term of office 12 31 Vacancy, how filled 12 32 Qualifications of aldermen 12 33 Not to be interested in any contract with city.... 12 33 Not eligible to other office under city 12 33 Ineligibility of 12 33. Office of, vacated by conviction of bribery 12 35 May be expelled but once for same offense 12 35 Any two, may lay over report 13 43 May call special meeting of council 14 45 Aldermen under minority plan 17 54 Conservators of peace, powers of 32 83 Compensation of, limited 33 85 ORDINANCES. Contesting election of 133 23 Compensation of 135 2 Not required to give bonds as ♦ 198 3 Not to be commissioned as other officers 199 5 Members of the police department 211 1 Three, may call special meeting of council 226 1 AMUSEMENTS. laws. Power of council to license, tax, etc 22 41cl Power to regulate places of 23 58cl Power to prevent certain : 26 92cl ORDINANCES. Keeping place of, open on Sunday 179 26 Carrying on, on Sunday 179 27 Classification of 95 1 License required 96 2 License and'fees 96 3 Class and fee to be decided by mayor 96 4 License subject to all ordinances 96 5 Entertainments where liquor is sold 96 6 Owners, lessees or agents must see that license is procured 97 Chairs not allowed in aisles 97 8 Persons not allowed to loiter in hallways, etc.... 97 9 Minors not allowed at variety shows where liquor is sold... 97 10 License not to issue to or authorize an indecent play 97 11 Good order must be preserved — penalty ! 98 12 Penalty for disorderly conduct at places of 98 13 Mayor to grant permission to circus to parade streets 98 14 Shooting galleries, license required for 99 15 Index. 349 ANIMALS. laws. Page. Section. Power to regulate speed of 20 21cl Power to punish cruelty to 25 73cl Power to prohibit, running at large 25 80cl Prohibited at large within corporate limits 90 1 May be restrained by anyone finding at large 90 3 ORDINANCES. Prohibited from running at large 10 1 Penalty for permitting, to run at large..* 100 2 May be impounded 100 3 Shall be fed by poundmaster while in pound 101 4 Police to take up and impound 101 5 Any citizen may impound 101 6 Redemption of impounded 101 7 Proceeding when not redeemed 102 8 Releasing animals from pound without authority 105 16 Wrongful taking of, to pound 105 17 Driving loose animals through the streets 106 23 Killing diseased, for meat Ill 3 Selling diseased, for food Ill 4 Driving unhaltered horses, etc., through streets 188 73 Indecent exhibition of. 176 13 Leaving, unfastened 180 31 Cruelty to... 179 29 Dead, becoming offensive a nuisance 191 7 Removal of, in offensive manner 191 8 Turning, into parks prohibited 204 3 Driving, on sidewalks 252 21 ANNEXA TION OF TERRITORY. Petition to be annexed 69 195 Not to annex less than the whole, except 69 195 Annexing one corporation to another 70 196 Proceeding by corporation to annex 70 197 Contents of petition 70 197 Notice of proceedings 71 198 Objections to annexation, hdw made 71 199 Trial may be continued 71 199 Finding by court — costs 71 200 Proceedings by owners to be annexed 71 201 Proceedings to disconnect territory 72 202 Map and ordinance to be recorded 72 203 School districts may use act 72 204 Courts to take judicial notice 72 205 Owners desiring to disconnect 73 205a Petition required 73 205a 350 Index. ANNEXATION OF TERRITORY— Continued. Page. Section. Property disconnected not exempt from taxes 73 205a Ordinance recorded — 73 205b Courts to take judicial notice of the change 73 205c APPEAL. laws. Appeal from special assessments not to invalidate, etc 53 148 City not required to furnish bond 67 177 APPOINTMENT. laws. Of persons to revise ordinances 10 28 Mayor to make, of officers 30 74 ORDINANCES. Of city collector 113 1 Of city engineer 115 1 Of corporation counsel ! 122 2 Of city weighers 119 1 Of poundkeepers 100 3 Of commissioner of health 149 2 Of assistant commissioners of health 150 4 Of members of the police force 211 2 Of special police 214 12 Of temporary police 214 13 Of standing committees of council 227 2 APPROPRIATIONS. laws. Yea and nay vote to be taken upon 13 41 Mayor may veto items of appropriation 14 46 Annual appropriation ordinance 34 89 Ordinance making, to be published.. 27 64 When to be made 34 89 Additional, to be first sanctioned by a majority of voters... 35 89 Limitation of expenditures 35 90 Salaries may be fixed in, etc 76 244 AREA-WAYS. Entrance to, on sidewalks, how protected 250 13 Must have a permit to construct, under walks 249 11 Coal holes 250 14 ARRESTS. Police officers may make 215 15 Made at night 217 20 Without warrant 217 23 Of persons escaped from custody 220 36 Posse comitatus to make 221 37 Officer making, to appear as witness 218 25 Index. 351 ASHES. laws. Page. Section. Power to regulate the deposit of 20 15cl Power to prevent deposit of, in unsafe places 24 63cl ORDINANCES. Deposit of 143 19 Throwing, on streets or alleys 259 18 ASSEMBLAGES. Unlawful, defined and prohibited 174 1 Permitting unlawful 175 4 ASSAULT, AFFRAYS, ETC. Punishment of 174 2 ATTORNEY— CITY. laws. Election of, biennially 15 49 To be elected 29 72 ORDINANCES. Salary of. 135 4 Duties of 200 12 ATTEMPT TO COMMIT OFFENSE. Punishment for 187 68 AUCTIONEERS. laws. Power to license and regulate 26 91cl ORDINANCE. All goods sold at auction to be sold by 107 1 Must have a license — fee — bond 107 2 License may issue for less than one year 107 2 Application for license to be made in writing 107 3 License not transferable, except by mayor’s consent 107 3 Auctioneer’s clerks to be named in license 108 4 License may be revoked 108 5 Certain things may be sold by, on streets, etc 108 6 Penalty for substituting one article for another 108 7 Penalties for selling at auction without license 108 8 AWNINGS. laws. Power to regulate 20 17cl ORDINANCE. Obstructing street by 251 16 How constructed 251 16 Penalty for violating ordinance relating to 251 16 IB. BADGES. Police may be required to wear 221 38 Members of fire department to wear 147 35 352 Index. BALL -PLAYING. laws. Page. Section. Power to regulate and prevent 26 92cl ORDINANCES. Prohibited in inhabited parts of city 181 40 Not allowed on streets 183 53 BALLOTS AND BALLOT BOXES. LAWS. Form of, for organizing city under general law 4 3 ' ORDINANCES. Ballot box to be provided by clerk 129 8 Manner of constructing ballot boxes 129 8 City clerk shall prepare all ballots, etc. 129 9 Ballots shall be provided at expense of city 129 9 Boxes to be opened and exhibited before election begins... 130 12 “Defective,” “objected to” and “excess” ballots 130 14 Disposition of ballots, when and how destroyed 131 15 To be returned to city clerk 131 16 Opening and counting ballots in contest cases 134 28 BAWDY-HOUSES. (See Houses of Ill-Fame.) BAGATELLE. (See Billiards.) BICYCLES. Riding, on sidewalks permitted in certain cases 254 28 Not allowed on certain streets 254 28 BILLIARD TABLES. laws. Power to license, regulate and prohibit 22 44cl ORDINANCES. Penalty for keeping, without license 109 1 License fee required 109 2 When billiard room to be closed • 109 3 Not to allow minors at, where liquor is sold 110 4 Minors not allowed to loiter around, except, etc 110 5 Keeping open on Sunday 179 26 BILL POSTING. laws. Power to regulate 20 17cl ORDINANCES. Punishment for posting without owner’s consent 183 51 In public parks forbidden 206 14 BOARD OF HEALTH. (See Health Department.) BOISTEROUS CONDUCT. By driver of cab, coach, dray, etc 266 8 Index. 353 BONDS. laws. Page. Section. Power of council to issue 19 5cl To be given by all city officers 30 75 Penal sum, how approved, where filed 30 75 Record of, kept by clerk 39 106 ORDINANCES. Auctioneers must give 107 1 Dramshop keepers to give to People, etc., and to city 165 4 Pawnbroker required to give 207 2 Second-hand dealer required to give 233 3 Must be given before paved street is opened 262 31 Required before granting vehicle license 265 5 BONDS— OFFICIAL. laws. To be given by all city officers 30 75 Penal sum, and how approved 30 75 Bond of mayor — limit 30 75 ordinances. Poundkeeper to give 10 ' 3 City collector to give 113 2 City engineer to give 115 2 City weighers to give 119 2 Corporation counsel to give 122 3 Of city officers 198 3 Sureties on 198 4 New bond may be required, when 198 4 Amount of, in cert 'in cases 198 3 Of policemen 212 3 BONFIRES. Not to be built at night, except by permit 143 20* Not allowed in parks 205 11 BOUNDARY. Of ward No. 1 268 Of ward No. 2 268 Of ward No. 3 269 Of ward No. 4 269 Of ward No. 5 269 Of ward No. 6 270 Of ward No. 7 271 BORROWING MONEY. laws. Limited to five per cent, of valuation 19 5cl BOYS. ordinances. Loitering about churches, theatres, stores, etc 188 72 Climbing on fences, shade trees, etc., without leave 182 42 Rolling hoop, playing ball, etc 181 40 Making disturbance 181 39 23 354 Index. BRIBERY. laws. Conviction of, disqualifies alderman Penalty for BRIDGES. laws. Power to construct and keep in repair Power to regulate passing of 22 Power to establish toll > City may build, within five miles of limits 67 Control of outside bridges built by city by city council Regulating speed over, and penalties, f arrests, etc ORDINANCES. Committee on, to be appointed by mayor 227 Duties of committee on Boys climbing on, punishment for Injuring Fast driving over Railroads to construct, over streets, etc BUILDINGS. laws. Power to prescribe mode of construction Power to fix limits within which wooden, shall not be Power to tear down, when damaged by fire or decay.. To provide for erection, etc., of public To require dangerous, to be put in safe condition ORDINANCES. Numbering of 260 Penalty for not numbering 261 Numbering on new building Permit must be obtained for, in fire limits 137 Character of, in fire limits 137 Plans and specifications for, to be submitted to city engineer 137 No wooden, allowed in fire limits 138 Removal of wooden 138 Wooden building defined 138 Wooden, declared a nuisance 139 How to abate nuisance of wooden 139 Damaged, to be removed 139 Procedure for condemnation of 139 Removal of damaged, penalty Fife in, how to be built Outdoor fires near to 143 Malicious injury to 182 Dilapidated, a nuisance 193 How to abate nuisance of dilapidated 194 Owner of dilapidated, to be notified to abate 194 Dilapidated, to be destroyed Page. Section. 12 33 31 79 21 28cl 22 38cl 26 87cl 67 194 68 194a 68 194b 227 2 228 12 182 42 182 44 185 59 223 4 23 61cl 24 62cl 24 62cl 26 86cl 24 63cl 260 23 261 27 261 28 137 2 137 3 137 2 138 4 138 5 138 6 139 7 139 7 139 8 139 9 140 10 143 22 143 22 182 44 193 17 194 18 194 19 194 19 Index. 355 /BUILDINGS — Continued. Page. Section. Expense of abating dilapidated, to be paid by owner 195 20 In danger of falling, a nuisance 195 22 Mayor to summon disinterested citizens to condemn 195 23 Material in street 256 4 Removal of, through streets 258 12 Standing in street not to be repaired 258 11 BURGLAR TOOLS. Having, in possession punished 181 36 BUTCHERS. ORDINANCES. License required 110 1 To keep a record book of all animals slaughtered Ill 2 Killing diseased animals Ill 3 Selling diseased animals or flesh Ill 4 Selling unwholesome provisions 112 5 Displaying produce, etc., on benches 112 6 Inspectors of meat 112 7 Oftal not to be discharged into sewer 244 15 Permit must be had to operate slaughter house 192 12 •Operating slaughter house in offensive manner 192 13 Written application for slaughter house permit to be made 192 14 Council has discretion in granting permit for slaughter house 193 14 O. CARS. laws. Power to regulate speed of, in city 20 21cl ORDINANCES. Penalty for running, over fire hose 148 39 Throwing stones at street 186 62 Minors climbing on street 186 63 Refusing to pay fare on street 186 64 Disorderly conduct on street 186 65 Obstructing operation of street 186 66 Regulating speed of. 223 1 Obstructing street with 223 2 CARTS. Carrying offensive matter to be tightly covered 192 11 CELLARS. laws. Power to abate nuisance in 25 84cl ORDINANCES. Under sidewalks forbidden 249 10 Under sidewalks must be built by permit from city council 249 11 356 Index. CELLARS — Continued. Page. Section.. Cellar door in street open at night 257 7 Foul, a nuisance 190 3 CEMETERIES. laws. Power to regulate, establish and remove 25 79cl May prohibit within one mile of city limits 25 79ct ORDINANCES. Dead body not«to be interred in, without permit 153 14 CENSUS. laws. Authority to take 06 175 Courts to take judicial notice of population 67 175 CHEESE. laws. Power to regulate sale of 23 50cl Power to regulate inspection of 23 53cl CHIMNEYS. (See Buildings.) laws. Power to regulate construction of. 24 *63cl ORDINANCES. Manner of constructing 140 12 Burning out 143 23 To be kept perfectly secure — penalty 195 21 CHURCHES. ( See Religious Assemblies.) CIRCUS. (See Shows.) laws. Power to tax, license and prohibit 22 41cl ORDINANCES. License fee required 96 3 CISTERNS. laws. Power to regulate construction and use of. 23 57 CITIES. laws. Organization of, under general law 3 1 How, may adopt general law 3 1 How town may become city 4 4 Organization — petition, election, result 4 5 Courts to take judicial notice of organization 5 6 Prior laws in force in 5 6 Election of officers in newly organized 5 7 Corporate name, powers of. 6 10 Prior ordinances in force until, etc 6 11 Legal identity not affected by 6 11 Rights and property of old corporation to vest in new 6 12 Record of result of election 6 13 [ Number of aldermen in 10 2 Not to become indebted to amount exceeding, etc 19 5cL Index. 357 CITIES— Continued. Page. Section. Fiscal year of 34 88 Power to make improvements by special assessments 45 116 May buy in property sold for special assessments 57 159 May adopt Article IX 54 168 Tax-payer may enforce rights in name of city. 66 172 Inhabitants of, competent as jurors 66 174 Municipal year of 67 176 City need not give appeal bond 67 177 CITY COUNCIL. laws. To submit question of incorporation under general law 3 1 Canvass returns of election on organization 4 3 May elect mayor pro tern 8 17 May disapprove of removal of officer 9 20 Fix compensation of revisers of ordinances i 10 28 How composed 10 29 Judge of election and qualification of members 12 34 May punish members — expulsion 12 35 Determine its own rules 12 35 A majority shall constitute a quorum 13 36 May compel attendance of absentees 13 36 Meetings of 13 37 May elect temporary chairman 13 38 Shall sit with open doors A 13 39 Shall keep a journal of its proceedings. 13 40 Yeas and nays, when taken 13 41 Two-thirds vote to sell city property 13 41 Not to rescind vote at special meeting unless, etc 13 42 When committee report laid over •• 13 43 Territorial jurisdiction of. 13 44 Special meetings of, how called 14 45 Vetoed ordinances returned to - 14 46 Two-thirds vote required to pass vetoed ordinance 14 47 Shall designate place of election 17 56 May divide city into wards 15 51 •Shall give notice of and appoint judges, etc., of election... 17 56 Shall canvass returns of election 17 57 Shall cause a statement of result to be entered on journal 17 . 57 To control finances of city 19 62 To appropriate money for corporate purposes 19 2cl To levy and collect taxes for corporate purposes 19 3cl To fix amount, terms, etc., of license 19 4cl Borrow money and issue bonds 19 5cl Levy tax to pay indebtedness 19 5cl Issue bonds in place of maturing bonds 19 6cl 358 Index. CITY COUNCIL — Continued. Page. Section Open, alter and improve streets, etc 19 7cl To plant trees upon streets 20 8cl To regulate the use of streets 20 9cl To prevent and remove obstructions on same 20 lOci. To provide for lighting same 20 llcl To provide for cleansing same 20 12cl Regulate openings therein for gas, etc., sewers, etc 20 13cl Regulate use of sidewalks 20 14cl To require the removal of snow, etc 20 14cl Prevent depositing of ashes, etc., in streets 20 • 15cl Provide for crosswalks, curbs and gutters 20 16ct: Regulate use of streets for signs, etc 20 17cl Regulate the carrying of banners, etc 20 18cf Regulate the flying of flags, etc 20 19cl Regulate traffic and sales on streets 20 20cl Regulate the speed of animals, locomotives, etc 20 21cl Regulate the numbering of houses, etc 20 22ci To name and change the name of streets. 21 23cl; Permit and regulate laying street railway tracks 21 24cl To provide for and change grad£ of railroads 21 25cl Powers over railroad companies 21 26cl To construct, etc., bridges, viaducts, tunnels, etc 21 28cL To construct, etc., culverts, drains, sewers, etc 21 29cf To deepen, widen, etc., channel of water courses. ... 21 30cl To construct canals, etc., for commerce. •• 21 31cl To erect landing places, wharves, etc 21 32cl To regulate private landing places. 22 33cl To regulate anchorage, etc., of water craft 22 33cl Regulate wharf and other boats 22 34cl To license wharf boats, etc 22 35cl To fix rate of wharfage, etc 22 36cl To collect wharfage from all boats, etc 22 37cl To make regulations for harbors 22 38cl To appoint harbor-masters 22 39cl To provide for cleansing water courses, etc 22 40cl To license, etc., hawkers, peddlers, theatricals, amuse* ments, etc 22 41-44cl To suppress bawdy and gambling houses '22 45cl To regulate sale of intoxicating liquors 22 46cf Punish selling of liquors to minors 23 48cf To establish market houses, etc 23 49cl To regulate sale of meats, etc., and provide place, etc 23 50ci To prevent and punish forestalling, etc 23 51cl To regulate sale of bread and prescribe weight, etc 23 52cl To provide for inspection of meats, etc i 23 53ck Index. 359 CITY COUNCIL — Continued. Page. Section. To regulate inspection and measurement of lumber, wood, etc 23 54cl To provide for sealing, etc., of weights and measures 23 55cl To enforce the keeping of proper weights, etc 23 56cl To regulate construction of cisterns, etc 23 57cl To regulate places of amusement .* 23 58cl - To prevent intoxication, etc., and disorderly conduct 23 59cl To regulate partition fences and party walls 23 60cl To regulate construction of buildings — fire escapes 23 61cl Power to prescribe fire limits 24 62ci To prevent dangerous construction of chimneys 24 63cl Provide engine houses and fire engines.. 24 64cl Regulate storage of combustibles and fireworks 24 65cl Regulate the police of the city. 24 66cl Provide for the inspection of steam boilers 24 67cl Establish calabooses and workhouses 24 69cl Use county jail for offenders 24 70cl To regulate the relation between officers 24 71cl Prevent and suppress riots, routs, affrays 25 72cl To prevent cruelty to animals 25 73cl To punish vagrants, mendicants and prostitutes 25 74cl To define a nuisance and to abate the same 25 75cl Appoint board of health 25 76cl Establish hospitals 25 77cl Make health regulations 25 78cl Establish and regulate cemeteries 25 79cl Prohibit stock running at large. 25 80cl Impose a tax on dogs 25 80cl Regulate packing houses, renderies, etc 25 81cl Prohibit unwholesome business 25 83cl To compel the removal of unwholesome business. 25 84cl Power to take census 25 85cl Provide for erection of public buildings. 26 86cl Establish ferries and toll bridges 26 87cl Authorize construction of mills and millraces. 26 88cl Extend street or construct sewer through railroad lands... 26 89cl Grant privilege to lay railroad track only on petition... 26 90cl License and regulate auctioneers, etc 26 91cl Regulate rolling of hoops, etc., on streets 26 92cl Regulate the keeping of lumber yards in fire limits 26 93cl Provide for furnishing supplies by contract 26 94cl License, etc., junk and second-hand dealers 27 95cl Pass all necessary ordinances, etc 27 96cl Jurisdiction over waters 29 71 Council to be elected 29 72 360 Index. CITY COUNCIL — Continued. Page. Sestion. Create and discontinue offices 29 73 May define powers and duties of officers 30 74 Journal of, kept by clerk 32 81 To fix compensation of mayor 33 84 Pass annual appropriation bill 34 89 Order improvements after appropriation is made 35 90 May make temporary loan, when 35 90 Provide for the payment of judgments 35 90 Contracting liabilities limited 35 91 Deposit of city funds 36 96 May levy and collect taxes 41 111 Make improvements by special assessments or special tax- ation 45 116 Appoint committee to estimate cost 49 135 Order petition for special tax filed in court 50 136 May order purchase of delinquent assessments 57 159 May annul special assessment. 57 160 May order new assessment against delinquents 57 162 May provide for a supply of water 65 169 Acquire property for water works 65 170 Make regulations, rates, etc., concerning water 65 171 May levy tax and appropriate money for water works 65 171 Approve maps, plats, subdivisions, etc 66 173 Provide for labor by prisoners — workhouse 85 267 May annex territory upon petition 69 195 Proceeding by corporation to annex territory 70 197 May disconnect territory 72 205a May contract for water supply 75 242 May fix maximum rates for water 76 243a May levy taxes for sewerage purposes 78 253 May levy tax for extension of water mains 79 254 May require certain persons to labor on streets 81 258a May construct drains, etc 86 1 May pay therefor by special assessments. 87 2 Proceedings in such case 87 3 May convey real estate in certain case.... 87 1 Ordinance therefor — notice — bids 87 2 May provide for pleasure driveways 88 1 May provide for inspection of steam boilers 89 1 May regulate travel and speed on pleasure drives 89 3 Have control of bridges built by city outside city limits 68 194a ORDINANCES. Maps, plats and additions approved by 94 2 Shall provide pounds for animals running at large.; 100 3 To approve bond of poundkeeper 101 3 Index. 361 CITY COUNCIL — Continued. Page. Section. May provide for additional poundkeepers 105 19 May order marshal or policeman to act as poundkeeper... 105 20 May revoke license of auctioneers 108 5 To confirm appointment of city collector 113 1 To confirm appointment of city engineer 115 1 May require city engineer to make plans, surveys, etc 116 5 May require additfonal duties from city engineer 118 17 Not to allow claims unless they are svvorn to 121 1 To confirm appointment of corporation counsel 122 2 Shall appoint judges and clerks of election 128 4 Shall canvass returns of elections. 131 17 May decide tie elections 132 18 May order new election, when. 132 20 Is the tribunal for hearing aldermanic contests 133 23 Shall fix time for taking testimony in contested election cases 133 25 Shall decide contested election of aldermen 134 27 May make complaint under fire ordinance that building is damaged, etc 139 9 Shall provide for the removal of lumber yards from fire limits 146 31 To confirm appointment of health commissioner 149 2 May grant license to itinerant merchant. * 156 3 May exempt bona fide resident from paying license fee 157 7 Licenses not transferable without consent of 162 5 May, with mayor, grant dramshop license 164 3 To approve bonds of dramshop keepers 165 4 Applications for dramshop license presented to 165 6 Dramshop license not transferable without consent of. 170 22 To confirm appointive officers 197 1 Records of officers open to inspection of. 199 8 To confirm appointment of policemen 211 2 May order culvert, crossing, etc., over railroad repaired... 224 6 Rules of. * 229 15 Meetings of 226 1 Standing committees of 227 2 May prescribe regulations for bicycle riding on walks 254 28 May grant permit to make opening in paved street, when 262 31 Supplies to be purchased on contract let by 263 1 Shall designate who shall purchase supplies 263 3 Shall make contract for board of prisoners 264 6 CITY CLERK. laws. Ordinances to be deposited in the office of.... ¥ 14 46 When to be elected 15 49 362 Index. CITY CLERK — Continued. Page. Section. Returns of election made to. 17 57 To notify persons elected or appointed to office 18 59 When to call special election 18 60 Certify to ordinances 27 65 Oath and bond of officers to be filed with 30 75 His bond filed with treasurer...'. 31 75 Receives certificate from the mayor * 31 76 Signs commissions of city officers 31 76 Not to hold other office.. * 32 80 Shall attend meetings of city council 32 81 Record all ordinances 32 82 May administer oaths 33 87 Give receipts to collector, when. 38 100 Perform duties of comptroller, when 39 104-105 May appoint clerks and subordinates 40 109 File certified copy of ordinance levying taxes 41 111 Issue warrants for collection of special sidewalk assessments 83 261 To prepare special tax list for sidewalks, when 83 262 Pay over sidewalk tax collected to treasurer 83 261 Return delinquent special t^x list for sidewalks 83 261 ORDINANCES. Shall attest mayor’s signature to approval of plats 94 5 To receive the fee and issue license for shows, etc 96 4 To issue license to actioneers, when 107 3 May, at pleasure, examine city weigher’s books 121 12 Must attest druggist’s permit to sell liquor 126 7 Shall give notice of general election 127 2 To give notice of special election 128 3 Shall make and deliver to marshal notice of appointment of judges and clerks 128 4 Shall provide ballot boxes, voting booths, etc 129 8 Shall provide ballots, poll books, blanks, etc 129 9 Shall preserve all ballots six months 131 15 Shall destroy ballots, when, how 131 15 Shall enter canvass of returns on journal 131 17 To issue notice of tie vote. 132 18 Shall notify persons of their election 132 19 Statement of contest of election to be filed with 133 24 Proofs in contested elections to be filed with 133 26 Ballots to be counted in presence of - 134 28 Salary of 135 6 To issue and sign license of itinerant merchant 157 3 To issue license to junk dealer 159 3 To countersign all licenses signed by mayor 161 3 To issue license upon payment of fees.... 161 2 Index. 363 CITY CLERK— Continued. Page Shall keep a register of all licenses issued, etc 162 To issue all dramshop licenses 166 General duties of 200 Disbursing agent of several committees 201 Must enroll all ordinances....: 203 Shall preserve the original of all ordinances 203 To issue roller skating rink license when fee is paid 226 Shall prepare all commissions under seal 232 Shall affix corporate seal to all official acts 232 Shall certify copies of records under seal. 232 Copy of order for supplies to be filed with 263 CITY COLLECTOR. laws. Power to appoint. 29 Duties of 37 Books, warrants, etc., open to inspection 37 Reports required of. 38 Not to detain money. 38 Examination of his books — paying over 38 To take receipt from treasurer 38 Council may require further duties of. 40 May appeal to finance committee in adjusting accounts 40 To give notice of warrants in special assessments 54 Manner of collecting — entry of payment 54 Penalty for not serving notice - 55 Report delinquent list to county collector 55 Penalty when lands are sold where taxes were paid 56 Paying over — compensation 56 ORDINANCES. Office created 113 Bond of ] 13 Duties of 113 Authorized to receive special taxes 113 To pay special taxes to treasurer 114 To make report each regular meeting 114 To return delinquent taxes to county collector 114 To keep books of account. 114 Compensation of 115 CITY COMPTROLLER. laws. Power of council to provide for election or appointment of 29 For duties of, see sections 104-110 38 CITY ENGINEER. laws. Authority to appoint 29 ORDINANCES. Appointment of. 115 Section. 6 7 13 13 10b 10 4 2 2 2 3 73 100 ltO 101 102 103 103 107 108 151 152 152 153 156 157 ' 1 2 3 4 5 5 6 7 8 73 73 1 364 Index. CITY ENGINEER — Continued. Page. Section. Bond of 115 2 Oath of ’ 115 3 Compensation of, how paid.. 116 4 To make plans, surveys, and establish grades 116 5 * To inspect material, keep books, examine accounts 116 6 To designate grades for walks and supervise work 116 7 To supervise public work . 116 8 To remove walks not conforming to grade.: 116 8 To preserve all books and keep record of all transactions.. 117 9 To make all surveys, appoint chainmen — field notes 117 10 To superintend labor on streets — pay rolls — reports 117 11 To fix lot boundaries and furnish certificates 117 12 To preserve and keep tools in good condition 118 13 To keep streets in safe condition 118 14 To keep railroad crossings open 118 15 To annually cause streets to be put in goopl condition 118 16 Additional duties may be required of. 118 17 To make maps of streets and assign numbers to houses 118 18 To adjust house numbers and correct mistakes 119 19 Vacancy in office of, how filled 119 20 Salary of... 135 7 Shall examine plans for buildings in fire limits 137 2 To give permit for building in fire Jimits, if approved 137 2 All sewers to be under supervision of. 235 1 To grant permit for house sewer connection 241 6 To keep plats showing location of sewers 241 7 To grant permit or license to plumber for sewer work 241 8 Written application made to, for house connection 241 9 Permit to be granted, when 242 10 To approve sureties on bond for private sewer 242 11 Manner of opening sewer trench determined by 242 12 Private connections made' under direction of. 243 13 To supervise flush tanks 244 14 No excavation around sewers except by permit of. 244 16 To have access to private house to inspect..* 244 18 When no, appointed, acting engineer to serve 245 20 Shall prepare all necessary sewer blanks 245 22 To fix grade for sidewalk 247 2 To locate line for sidewalk on application 247 4 Authorized to take up walk not laid to grade 248 6 To take up and remove old walks 248 7 To remove all walks not conforming to ordinance 248 8 May serve notice to remove improper awning 251 16 May require obstructions to be removed from street 256 2 Required to remove obstructions in street 256 3 Index. 365 CITY ENGINEER — Continued. Page. Section. To assign house numbers 261 28 To grant permits for openings in paved streets 262 30 Conditions on which he may grant permit. 262 31 CITY TREASURER. laws. To be elected 29 72 When elected . 15 49 Not eligible for two terms in succession 15 49 Oath — bond 30 75 Not to hold other office 32 80 Duties of. 36 92 Books, etc., subject .to inspection 36 92 Shall keep separate accounts. 36 93 Shall give receipts and file copies of same 36 94 Monthly statements of, warrants, vouchers, etc 36 95 Deposit of funds separate from his own T 36 96 Not to use city funds for his own use. 36 96 May be removed by city council 37 96 Annual report of — publication. 37 97 Warrants drawn upon 37 98 To keep separate assessment funds separate 37 99 Council may impose other duties upon 40 107 May appoint clerk, when authorized 40 109 May appeal to finance committee 40 108 ORDINANCES. All special taxes to be paid to 114 5 Salary of 135 5 Required to take oath 198 2 Amount of bond 198 2 Not to become surety on other bond 198 4 Must be commissioned 199 5 Record of, open to inspection :... 199 8 Report of, to be examined by finance committee 228 7 CITY MARSHAL. laws. City council may provide forelection or appointment of.... 30 73 ORDINANCES. Duty to enforce ordinance relating to chairs in aisles at theatres 97 8 Council may make, poundkeeper 101 4 To post notice of impounded animals 103 10 Compensation when acting as poundkeeper 105 20 Is inspector of meatand provisions 112 7 To kill unmuzzled dog unlawfully running at large 124 2 To kill bitch in heat while running at large 124 3 366 Index. CITY MARSHAL — Continued. Page. Section. To serve notice of appointment on judges, etc., of election 128 4 Compensation of. 135 8 To remove condemned building from fire limits 140 9 Ex-officio fire warden 144 26 May inspect junk dealer’s record 159 6 Shall enforce all ordinances relating to licenses 163 8 Shall enforce ordinances relating to dramshops 167 11 Must report convictions under dramshop ordinance to mayor 169 17 To report to mayor where gambling is carried on 177 18 Required to serve notice on owner of dilapidated building 194 19 Required to abate nuisances 196 25 To report to city council cost of abating nuisance 197 26 To be appointed by mayor annually 197 1 Required to give bond — oath of.. 198 2 Must be commissioned 199 5 May inspect pawnbroker’s record 207 3 May inspect pawnbroker’s premises 208 7 Member of police department 211 1 Duties of. 212 5 Is custodian of property. 212 6 Reports required from 212 7 Absence from city of. 213 8 To divide police force into day and night force 213 9 May designate an officer to fill duties of turnkey 213 10 Must provide a police record 213 11 May examine records of second-hand dealers 234 6 Shall designate stands for licensed vehicles 266 9 May require driver of licensed vehicle to move the same... 266 10 CITY PRISON. laws. Power to establish and maintain. 24 69cl ORDINANCES. Persons arrested at night may be confined in 217 20 In default of bail, prisoner may be committed to 216 19 Prisoner may be confined in, until fine and costs paid 218 28 Imprisonment in, not to exceed six months 219 28 Prisoner discharged from, on paying fine and costs 219 30 Turnkey to have charge of. 213 10 CITY PRISOJM KEEPER. laws. Power to-appoint 24 69cl ORDINANCES. Member of fire department to be designated as 213 10 He shall remain at city prison, except 213 10 Other duties of 213 10 Index. 367 CITY PRINTING. laws. Page. Section. Power to let to lowest bidder 26 94cl CITY PROPERTY. laws. Two-thirds vote of city council necessary to sell 13 41 CITY REGISTER. laws. Office of abolished 7 13a CITY WEIGHER. laws.. Power to regulate weighing, etc 23 54cl ORDINANCES. Appointment of 119 1 Bond — license — fee 119 2 Scales, location of— penalty 120 3 Scales, how provided ..120 4 Scales, adjustment of. 120 5 Deputy weighers 120 6 Business hours ot. 120 7 Fees, register and certificate of weight 120 8 Record to be kept by 120 9 Weight of vehicles, how ascertained 121 10 Altering certificate of— penalty *. 121 11 Inspection of books of. 121 12 CLAIMS AGAINST CITY, ordinances. Must be sworn to. 121 1 Must be referred to committee 121 1 Committee on 228 9 For goods not ordered by council 263 4 COAL. laws. Power to regulate inspection and weighing of 23 54cl ORDINANCE. Permissive price for weighing 120 8 Coal holes in sidewalks 250 14 Not to obstruct street with 257 8 COMBUSTIBLE MATERIALS, laws. Power to regulate and prevent storage of 24 65cl ORDINANCES. Not more than twenty-five pounds powder to be stored 146 3 j Spittoons not to be filled with 144 25 Persons not to leave shavings, etc., near building 144 24 All, to be removed from shop where stove is kept 142 16 COMMISSIONS. laws. Officers to be commissioned, how 31 5 ORDINANCES. Of city officers 199 5 368 Index. COMMITMENT. laws. Page. Section. Power to commit offenders for examination 33 83 Power to commit for non-payment of fine 85 267 # ORDINANCES. Of prisoners, under ordinances 218 28 Not to exceed six months 218 28 COMMITTEES. ordinances. Committee on license to be appointed 164 2 On public grounds to have charge of parks 204 1 Standing, of city council... 227 2 For duties of standing committees, see chapter XXXIV... 226 CONCEALED WEAPONS, ordinances. Carrying, punishment for 179 23 CONDEMNATION. ordinances. Procedure for condemnation of building 139 9 Of dilapidated building..... 194 18 Of building in danger of falling 195 23 CONSTRUCTION OF WORDS. Words used in ordinance construed. 202 5 • CONTAGIOUS DISEASES, ordinances. Removal of persons with 151 6 Notice of pestilence. 152 7 Report of, by physician to commissioner of health. 152 8 Bringing person or clothing into city. 153 11 Removal of infected clothing from city 153 12 Vaccination of persons. 153 13 CONTESTING ELECTIONS. (See Elections.) CONTRACTS. laws. Officers not to be interested in 31 78 Not to be made without an appropriation 35 91 Payable from special assessments 58 163 How, to be let 58 164 When, may be let without advertising 58 164 ORDINANCES. Not authorized by ordinance, etc., forbidden 229 14 Supplies to be purchased on 263 1 CONVEYANCES. laws. All, of real or personal property to be made by 88 3 CORPORATION COUNSEL. laws. Power to appoint 30 73 ORDINANCES. Office created 122 1 Index. 369 CORPORATION COUNSEL — Continued. Page. Section. Appointed by mayor ... 122 2. Oath and bond of. 122 3 Duties of. 122 4 To deliver all papers, etc., to successor. 123 5 Compensation of- 123 6 To prepare all official bonds 198 4 COSTS. ORDINANCES. In certain cases taxed against prosecutor 218 2 7 Prisoner may be released by paying fine and 219 30 Abating nuisance, how collected ♦. 195 20 Other nuisances, costs in abating 196 25' Prisoner may be committed until costs are paid 218 28 Not to be taxed against or collected from the city 218 26 Attending removal of condemned building 140 9 In case of impounded animals 101 7 COUNTY COLLECTOR. ordinance. Return of delinquent special taxes to be made to 114 6 COURT. Definition ot, as used in ordinance 202 3 CROSSINGS. ORDINANCE. Railroad company to construct 223 4 Mayor to give fifteen days’ notice to construct 223 5 City may build and recover cost 224 6 Flagmen at certain, to be kept 224 7 May require gates to be erected at 224 7 Penalty for violation of ordinance relating to 225 9 Fire on street crossings 259 10 CURBS. ORDINANCES. Sidewalks measured from line of, to abutting property 246 L ID. DANGEROUS SPORTS. ordinances. Not to be indulged in 181 40 DEAD ANIMALS. Permitting to become offensive, a nuisance 191 7 Removing, in offensive manner, a nuisance 191 8 DEBT. laws. Not to be incurred unless appropriation has previously been made 35 91 When tax levied for particular debt, how applied 43 114 24 370 Index. DEEDS. Page. Section. City clerk to have custody of all 39 104 DEPOTS. Idling about, prohibited 185 60 Boys not to congregate at 188 72 DEPUTY. ORDINANCES. City weighers may be appointed 120 6 DISCHARGE OF PRISONERS. Prisoners may be discharged by paying fine 219 30 DISORDERLY CONDUCT. laws. Power to prevent 23 59cl ORDINANCES. Punishment for 175 3 Disturbing peace of family 175 5 Disturbing congregation 175 6 Indecent exposure of person 175 9 By boys 181 39 Throwing stones at street cars 186 62 On street cars 186 65 Obstructing operation of street cars 186 66 DISORDERLY HOUSES. laws. Power to suppress 22 45cl ORDINANCES. Keeping of, punishment 179 24 House of ill-fame — penalty 178 21 Permitting premises to be used for 178 21 Inmates and frequenters of 178 22 DISCONNECTING TERRITORY. LAWS. From cities and villages. 72 202 Ordinances for, to be recorded 72 203 By persons owning unplatted lands in city limits 72 205a DISTILLERS. laws. Power to license 26 91cl Power to direct location of distilleries 25 82cl DISTURBANCE. laws. Power to prevent and suppress 25 72cl ORDINANCES. Disturbing funeral 179 24 Disturbing peace of family 175 5 Disturbing congregation 175 6 Creating, on street cars 186 65 Boys loitering about churches, etc •••••• 188 72 Index. 371 DOGS. laws. Page. Section. Power to prevent dog fights 23 59cl Power to restrain and tax 25 80cl ORDINANCES. Mayor may require all, to be muzzled 123 1 Unmuzzled, declared a nuisance 124 2 Bitch in heat running at large a nuisance 124 3 Dangerous dogs a nuisance — penalty 124 4 DRAINS. laws. Power to construct and regulate use of. 21 29cl City authorized to construct and maintain 86 1 May be constructed by special assessments 87 2 Proceedings in such cases 87 3 DRAMSHOP LICENSE. {See Liquors.) LAWS. Power to license 22 46cl Power to forbid 23 48cl ORDINANCES. To be closed on election day 133 22 Must have license to keep 163 1 Bonds must be given to keep 165 4 Application for license to keep, how made 165 5 Person refused license for, not to be interested in. 166 8 Selling on Sunday forbidden.... 167 10 Lewd women not permitted to frequent 167 12 License revoked for allowing lewd women to loiter in 168 13 Open at what hours 168 14 Keeper to maintain orderly house 168 15 Not to allow drunkenness or gaming 168 16 License not to be granted in certain cases 169 18 Minors not to be employed in 170 19 Minors not allowed to loiter in 170 20 License of keeper of, not transferable 170 22 License to be posted 171 23 Use of slides, dumb-waiters, etc., forbidden in 171 24 Windows kept so interior may be seen 171 26 DRAYS— CARTS. laws. Power to license and fix compensation of 22 42cl ORDINANCES. License required for 264 1 Rate of license for keeping dray 265 4cl Number of license to be kept on 265 3 Rate for carrying property allowed. 265 6 Marshal to designate stands for 266 9 May be removed from any place by marshal 266 10 372 Index. DRUGGISTS. laws. Page. Section. Power to grant permits to 23 46cl ORDINANCES. May sell intoxicating liquors... 124 1 Restrictions on right to sell intoxicants 125 2 Not allowed to sell beer, except 125 3 Not to sell liquor on Sunday 125 4 Not to sell liquor to be drunk on premises 125 5 To keep register open to inspection 125 6 Permission to sell liquors evidenced by permit 126 7 Permit may be revoked 126 • 8 Penalty for violating ordinances 126 9 DRUNKENNESS. ordinances. In public places 175 8 Drunken driver. 180 30 Drinking in public places 184 55 Sale of liquor to person intoxicated 168 16 Selling liquor to habitual drunkard 170 21 Cause of removal df police 216 18 DUMB-WAITERS, SLIDES, ETC. ORDINANCES. Use of, in dramshop forbidden 171 24 Any such now in use to be removed 171 24 Penalty for keeping :71 24 IE. ELECTIONS. laws. For incorporation of cities under general law 3 1 Notice of. 4 2 Ballot — result 4 3 For organizing a city 4 • 4 Of city officers after change of organization 5 7 When county judge to give notice of. 6 8 Record of result of 6 13 When general election of city officers to be held 15 48 What officers elected at 15 49 Who entitled to vote at 15 50 Places where held — city council to give notice 17 56 Judges and clerks of. 17 56 Manner of conducting 17 57 Returns of, to be made to city clerk 18 57 Council to canvass returns, etc 18 57 In case of a tie, how determined. 18 58 When special election shall be held 18 60 Index. 373 ELECTIONS — Continued. # Page. Section. Special elections, how conducted, etc 18 61 May be called to sanction additional appropriation 35 89 On annexation of one incorporation to another 70 196 ORDINANCES. Time for holding general. 127 1 Clerk to give notice of 127 2 Special elections 127 3 Appointment of judges and clerks 128 4 Compensation of judges and clerks 128 5 Vacancies in judges and clerks, how filled 128 6 Oath — vacancies after polls open 128 7 Ballot boxes, voting booths 129 8 Ballots, poll books and blanks to be furnished 129 6 Time of opening and closing polls 129 10 Proclamation to be made 129 11 Ballot boxes to be opened and exhibited 130 12 General election laws applicable to 130 13 Canvassing votes and making returns 130 14 Disposition to be made of ballots 131 15 Penalty for failure to make returns 131 16 Canvassing returns by council 131 17 Tie vote, how to be decided 132 18 Notice to persons elected 132 19 Failure to elect — new election 132 20 Order to be preserved at polls 132 21 Dramshops to be closed. 133 22 Contesting election of aldermen 133 23 Statement of contest to be served by copy on contestee... 133 24 Taking testimony in contests. 133 25 Time for filing proofs with clerk 133 26 Hearing contest by council — decision 134 27 Opening and counting ballots 134 28 ENROLLMENT OF ORDINANCES. All ordinances shall be enrolled by clerk 203 10 ESTIMATES. laws. Annual, of city clerk 39 104 Committee to make, for improvement by special tax 49 135 ORDINANCES. Committees to prepare, for all supplies 263 1 City engineer to make, when required 116 5 EVIDENCE. laws. Of ordinances, how proved. 27 65 Book of ordinances to be received 27 65 Certified copy of records prima facie 32 82 374 Ind£x. EVIDENCE— Continued. Page. Section. Commissioners’ report on special assessment competent... 53 115 ORDINANCE. In contested aldermanic elections 133 2& EXCAVATIONS. ordinances. Must be protected by railings and shown by red lights 256 6 Must be protected at night 257 7 Adjoining streets to be guarded 258 IT In streets must be by permit 258 15 EXECUTION. laws. Execution or order of commitment may issue upon imposi- tion of fine or penalty . 28 68 EXHIBITIONS. (See Amusements.) LAWS. Power to license and regulate 22 41ch ordinances. Indecent, of person - 175 9 Indecent, of animals 176 13 EXPENDITURES. laws. Not to exceed appropriations. 35 90 For improvement not to exceed appropriation 35 90 Not to be incurred without an appropriation 35 91 ordinances. Not to be incurred unless authorized by council 229 14 EXPLOSIVE MATERIALS. (See Gunpowder.) LAWS. Power to regulate storage of. 24 6 cl ORDINANCES. Weighing or measuring, by gaslight 180 34 EXPRESSMEN. laws. Power to license and regulate 22 42cll F. FALSELY CLAIMING TO BE AN OFFICER. Punishment for 220 33 FALSE REPRESENTATION. By driver of licensed vehicle 267 11 FAST DRIVING. laws. Power to regulate 20 21cl ORDINANCES. Punishment for 180 30 On bridges 185 59 Index. 375 FEES. AND SALARIES. laws. Page. Section. Of officers to be fixed by ordinance 33 86 Not to be increased or diminished during term 33 86 Fees received by officers to be reported 33 86 ORDINANCES. Poundkeeper’s fees for feeding animals - 106 22 For taking up animals *• 106 22 For selling impounded animals 106 22 Of justices and magistrates for services in pound cases 106 22 Of city weighers 120 8 Of city officers (see chapter XV) 134 Witness and jury fees in city cases. 218 26 FENCES. laws. Power to regulate partition. 23 60cl ORDINANCES. Posting bills on, without consent of owner 183 51 FINANCES. laws. Power of council to control 19 lcl Fiscal year may be fixed by ordinance 34 88 Annual appropriation ordinance 34 89 Limitation — emergency — borrowing money 35 90 Contracting liabilities limited 35 91 Committee on 227 2 Duties of committee on 228 7 FINES. (See Penalties.) laws. Power to impose, for creating or continuing nuisance 25 75cl Power to pass ordinance for imposing, not to exceed $203 27 96cl Ordinance imposing, to be published 27 64 Suits for recovery of, how brought. 27 66 To be paid into city treasury 28 67 Commitment to city prison for non-payment of. 28 68 Allowance on, for work, etc 28 68 How action brought to recover 85 267 City council may enforce labor on streets by 81 258b ORDINANCES. Not released by repeal of ordinance 202 8 To be paid into city treasury 219 32 Neglect of police magistrate to pay over 220 32 FIREARMS. ORDINANCE. Punishment for discharging. 181 38 Not allowed in parks 204 4 FIRE DEPARTMENT. laws. Power to provide or organize ....! 24 64cl To tax insurance companies to support 40 110 376 Index. FIRE DEPARTMENT— Continued. • ordinances. Page. Section. Members of 146 33 Duties of chief of. 146 34 Duties of members of. 147 35 Bystanders subject to orders of chief of. 148 36 Breaking apparatus belonging to 148 37 Driving vehicle over hose of 148 38 Running cars over 148 39 Throwing water on persons unnecessarily 148 46 Absence ot chief of. 148 41 Vehicles obstructing 149 4 2 Salary of members of 135 9 FIRE ESCAPES. laws. Power to prescribe construction of £3 61cl ORDINANCES. Theatres to be provided with. 145 28 Procedure to enforce erection of. 145 29 FIRE LIMITS. laws. Power to prescribe 24 62cl Power to direct removal of building damaged fifty per cent. 24 62cl ORDINANCES. Boundaries of 136 1 Permits for buildings in 137 2 Character of buildings in 137 3 No wooden buildings allowed in. 138 4 Removal of wooden buildings 138 5 Wooden building 138 6 Damaged buildings to be removed from 139 8 Procedure for condemnation of building 139 9 Removal of damaged building — penalty. 140 10 Penalties for violating ordinances 140 11 Stovepipes, chimneys, hearths 140 12 Hot-air, water and steam furnaces 141 13 Boiler houses and boiler rooms 141 14 Shavings, stoves, fires, etc., in shops 142 16 Lights in barns 142 17 Carrying fire 142 18 Depositing ashes , 143 19 Burning straw, bonfires, etc 143 20 Boiling pitch, tar, etc 143 21 Fire in building — outdoor fires 143 22 Burning out chimneys 143 23 Scattering shavings 144 24 Planing mills, lumber yards in, a nuisance 146 31 Index. Q>7<7 oil FIRES AND FIREWORKS. laws. Page. Section. Power to guard against 24 62cl Power to regulate 24 65c^ ORDINANCES. Firewardens 144 26 Exploding fireworks without permission 181 38 Giving false alarm of. 175 7 In parks prohibited, except by workmen 205 11 Fireworks not allowed in parks. 204 4 On street crossings 2 9 19 FISCAL YEAR. laws. When to commence 34 88 Power of council to fix 34 88 FLAGMEN. laws. Power to require at railroad crossing of streets 21 27cl ORDINANCES. City may require railroads to keep, at crossings 224 7 Required at certain places named 224 7 FLOUR. laws. Power to provide for the inspection of 23 53cl FOODS. laws. Power to regulate sale, etc., of various 23 50cl FOUL MATTER. ordinances. Suffering premises to accumulate with, a nuisance 190 3 Depositing, on premises creates a nuisance 190 4 Depositing, in river a nuisance 190 5 FORESTALLING. laws. Power to prevent and punish 23 51cl FORMS. laws. Of ballots at election for organizing under general law 4 3 Form or style of ordinances 27 63 Of official oath 30 75 Of petition for condemning property. 46 120 Of oath of commissioners for special assessment 50 138 Of notice to owner of special assessment 51 141 Of notice of assessment for publication 52 141 Of collector’s notice of special assessment 54 151 ORDINANCES. Of statement of offense filed with magistrate 217 22 Of poundkeeper’s notice 102 9 Poundkeeper’s notice of sale 104 13 FRAUDULENT DEVICES AND PRACTICES. LAWS. Power to suppress 22 45cl 378 Index. <3-. GAMING AND GAMING HOUSES. laws. Page. Section. Power to suppress 22 45cl ORDINANCES. Not allowed in dramshop 168 16 Punishment for gambling 176 14 Inmates of gaming houses 176 15 Keeping or maintaining. 177 16 Leasing premises for 177 17 Duty of police in reference to 177 18 Police to destroy implements of 178 19 Lotteries prohibited 178 20 In parks prohibited 205 9 GARBAGE. laws. Power to prevent throwing of, in streets and alleys 20 15cl ORDINANCES. Throwing orange or banana peel on walk 181 37 Throwing or depositing in parks 206 13 Not allowed in sewers 244 15 GAS COMPANIES. laws. Powers of council over 20 13cl Power to regulate openings in streets for gas mains 20 13cl GASOLINE. laws. Power to regulate storage of. 24 65cl ORDINANCE. Measuring by gaslight 180 34 GATES. Opening over sidewalk a nuisance 253 24 GEESE. (&£ Animals.) laws. Power to restrain from running at large 25 80cl ORDINANCES. Ordinance relating to animals applies to 106 21 GOATS. {See Animals.) laws. Power to restrain from running at large 25 80cl GRADES. laws. Power to establish 19 7cl Power to compel railroads to conform to. 21 27cl ORDINANCES. All sidewalks to conform to 247 2 Laying sidewalks contrary to 247 3 Index. 379 GRADES — Continued. Page. Section. Removing grade stakes 259 16 City engineer to establish 116 5 For walks to be designated by engineer 116 7 Removal of walks not conforming to 116 8 GROCERY. laws. Power to compel owner of, to cleanse 25 84cl GUNPOWDER. laws. Power to regulate storage of 24 65cl ORDINANCES. Weighing, by gaslight — punishment for 180 34 HACKMEN. laws. Power to license, regulate, etc 22 42 ORDINANCES. Boisterous conduct by 266 8 False representation or extortion by 267 11 HANDBILLS. laws. Power to regulate posting and carrying of. 20 17-18cl ORDINANCES. Throwing on streets 260 20 Not allowed posted in parks 206 14 HAWKERS AND PEDDLERS. (See Peddlers.) LAWS. Power to license and regulate 22 41cl ORDINANCES. Not allowed in parks 205 6 HAY. laws. Power to regulate inspection and weight of. 23 54cl UET- HEALTH DEPARTMENT. laws. Power to appoint board of health 25 76cl Power to establish hospitals 25 77cl Power to make health regulations 25 78cl Power to appoint health commissioner 29 73 ORDINANCES. Office of health commissioner created 149 1 Appointment of health commissioner 149 2 Duties of commissioner 150 3 Assistant commissioners 150 4 Establishment of hospitals, nurses 151 5 Removal and care of persons with contagious disease 151 6 380 Index. HEALTH DEPARTMENT — Continued. Page. Section. Notice of pestilence — penalty 152 7 Report of physicians to commissioner 152 8 Changing wearing apparel 152 9 Spreading of smallpox 153 10 Bringing clothing or person infected into city 153 11 Vaccination of persons 153 13 Burial permits 153 14 Scavengers must obtain permit 154 15 Removal of infected clothing from city 153 12 Scavengers must report to health commissioner 154 16 Report of health commissioner 154 17 Payment of expenses 154 18 Penalty for disobeying health commissioner 154 19 Compensation of health commissioner 154 20 Present commissioner to continue in office 154 '21 HIDES. Allowed to become foul, a nuisance 191 6 HIGHWAYS. laws. Power to compel railroad to keep track on level with sur- face of 21 27cl HOOPS. LAWS. Power to prevent and regulate rolling of 26 92cl ORDINANCES. Rolling in street forbidden 181 40 HORSES. laws. Power to regulate speed of. 20 21 cl Power to restrain, from running at large 25 80 Prohibited from running at large 90 1 ORDINANCES. Fast driving of 180 30 Scaring of, on streets 180 32 Leaving unfastened 180 31 Driving unhaltered, through streets 188 73 Hitching, to shade trees 183 48 Hitching, to lamp posts 183 47 Hitching horses to trees in parks 205 12 Obstructing street with team 257 9 HORSE RAILROADS. laws. Power to permit, regulate or prohibit 21 24cl No permit for longer term than twenty years 21 24cl Power to grant use of streets for, how exercised 26 90cl HORSE TROUGHS. laws. Power to regulate..... * 20 17cl Index. 381 HOSPITALS. laws. Page. Section. Power to establish 25 77cl ORDINANCES. Commissioner of health may establish, when 151 5 Nurses for, how appointed 151 5 HOUSES OF ILL-FAME. ( See Disorderly Houses.) LAWS. City council forbidden to license 74 217 Board of health forbidden to inspect inmates 74 217 ORDINANCES. Keeping of, punishment for 178 21. Being an inmate of 178 22- HOUSE NUMBERING. laws. Power to regulate 20 22cl ORDINANCE^. City engineer to assign numbers to houses 118 18 City engineer to adjust numbers 119 19 Mistakes in, corrected by engineer. 119 19 Certificate to be given to owner 119 18 Numbers required on all buildings. 260 23 Decimal system adopted... 260 24 Manner of numbering houses 260 25 Size of numbers to be used 261 26 Penalty for not numbering 261 27 Numbering on new building 261 28 HOUSE CONNECTIONS. Sewer connections made under engineer’s direction 243 13 Application for leave to make sewer 211 9 Must be made by licensed plumber 241 8 Must have fixtures for water supply.... 245 19 HOT-AIR, WATER OR STEAM FURNACES. ORDINANCES. Manner of constructing 141 13 HYDRANTS. (See Water Works.) LAWS. Power to regulate construction of 23 57cf ORDINANCES. Meddling with 184 57 I. IDLING. ORDINANCES. About depots 185 60 About churches, stores, etc 188 72 Living without means of support — vagrants 184 58 382 Index. IMPRISONMENT. laws. Page. Section. Power to order, etc 28 68 Not to exceed six months 28 68 ORDINANCES. May be made for non-payment of fine. 218 28 Not to exceed six months 218 28 Release from, by payment of fine 219 30 Of persons arrested at night or on Sunday 217 20 Of persons drunk when arrested 217 21 Release from, by giving bail. 217 24 IMPROVEMENTS. laws. When made by general tax 49 131 When made by special tax 49 132 Manner of apportioning assessments 50 139 Making of, to be let by contract 58 164 INDEBTEDNESS. laws. Limited to five per centum of valuation 19 5cl INDECENCY. laws. Power to suppress and prevent 22 45cl ORDINANCES. Exposure of person 175 9 Exposure of animals 176 13 Indecent act in public park 205 10 INJURY. To pavements 182 43 To bridges, buildings or property. 182 44 To street lamps, telephone and telegraph poles, etc 182 45 To gas service boxes or water pipes 183 52 INSPECTOR OF WEIGHTS AND MEASURES. LAWS. Power of council to provide for 23 55cl INSPECTORS OF MEAT AND PROVISIONS. ORDINANCES. Police and board of health are 112 7 INSURANCE COMPANIES. laws. Tax on foreign, agents to pay 40 110 INTOXICATION. (See Drunkenness.) LAWS. Power to prevent 23 59cl ordinances. Punishment for being in a state of 175 8 In public parks 205 10 Index. 383 ITINERANT MERCHANTS. laws. • Page. Section. Power to license, tax, regulate and restrain 27 62a ORDINANCES. Prohibiting, from selling without license .\ 155 1 Clerk, agent, servant, etc., liable as principal 155 1 Defines, as understood in ordinances 155 2 Rate of license — bond 156 3 License of, to be kept posted 157 4 Oath required of. 157 5 Rebate on license, when allowed 157 6 Limitation on amount of rebate 157 6 Exception may be made of Ijona fide taxpayer 157 7 Penalty for violating ordinance 158 8 CT. JAIL. LAWS. City may use county jail for confinement of offenders 24 70cl ORDINANCE. Prisoners may be confined in, for non-payment of fine 218 28 JUDGES. laws. Of county, when to call election for organization of city 4 5 ORDINANCES. To appoint person to witness burning of ballots 131 15 JUDGES OF ELECTIONS. (See Elections.) LAWS. How appointed 17 56 May appoint clerks of election to fill vacancies 17 57 To make returns to city clerk 18 57 ORDINANCES. Appointment of. 128 4 Compensation of 128 5 Vacancies, how filled 128 6 Oath of — vacancies during election 128 7 JUDGMENTS. laws. Against city — borrowing money to pay 35 90 In condemnation proceedings 47 125 In special assessment proceedings 52 144 O.n special tax for sidewalks 84 263 JUNK SHOPS. laws. Power to license and regulate 27 95cl ORDINANCES. Junk dealer defined 158 1 License required — penalty 158 2 384 Index. JUNK SHOPS— Continued. Page. Section. Terms on which license may issue. 158 3 Expiration of license 159 4 Junk dealer’s record to be kept. 159 5 Record open to inspection 159 6 Not allowed to purchase from minors. 160 7 Goods purchased to be kept three days 160 8 Not to purchase railroad brass or iron 160 9 Agent subject to same penalty as principal 160 10 Violating ordinance to forfe-it license 160 11 JURISDICTION. laws. Territorial, of city council ’. 13 44 General powers of council 19 6- Over bawdy and disorderly houses 22 45cl Over cemeteries 25 79cl Over packing houses, renderies, etc. 25 81cl Of Justices of the peace 28 69 Over waters 29 71 JURORS. laws. In condemnation proceedings 46 122 To ascertain damages 46 123 In special assessment 53 145 Inhabitants of city competent 66 174 JUSTICES OF THE PEACE. laws. Jurisdiction of, etc 28 69 ORDINANCES. Council may direct all suits for violations of ordinances brought before, when 220 32 Xj. LABOR. laws. Of prisoners within or without city prison . 86 267 On streets 81 258a Prisoners may be required to. 218 28 Prisoners refusing to 219 29 LAND. laws. City may acquire and hold, for corporate purposes 6 10 Power to levy taxes on 19 3cl Compensation to be made when, taken for local improve- ment 47 124 Commissioners to assess benefits to, by local improvement 50 139 Effect of judgment against 53 148 Proceedings to sell, for special assessments 55 153 Index. 385 LAND— Continued. Page. Application for judgment 55 City may purchase, at sale for special tax 57 City may take and condemn, for water works 65 Assessment of special taxes against, for sidewalks 81 LARD. laws. Power to regulate sale of. 23 Power to regulate inspection of. 23 LAWS. laws. Prior laws to continue in force when not inconsistent 5 ORDINANCE. Prior ordinances in force until altered 203 LIBRARY. Disturbance in, prohibited 221 Persons to leave on request 221 Loitering on stairway prohibited. 222 Return of books to..- 222 Fines for failure to return books to 222 Mutilating books in 222 Persons not entitled to privileges of, to remain away 222 Taking property from, without right