REVISED ORDINANCES OF THE TOWN OF LAKE VIEW, CHAPTER I. AN ORDINANCE IN REGARD TO THE PASSAGE, APPROVAL AND PUBLICATION OF THE GENERAL ORDINANCES OF THE TOWN OF LAKE VIEW. WHEREAS, It is expedient that the General Ordinances of the Town of Lake View should be revised, compiled and ar- ranged in chapters and sections ; therefore, Be it ordained by the Board of Trustees of the Town of Lake View, in manner following : SECTION 1. That the ordinances and laws governing the Town of Lake View, as revised and arranged in thirty-two chapters, and passed by the Board of Trustees of said town, and approved by the President of said Board on the 17th day of March, A. D. 1879, and all ordinances now in force hereto- fore passed by the Board of Trustees relating to cemeteries and saloons, and also the ordinances heretofore published, in pam- phlet form, entitled " Laws and Ordinances of the Town of Lake View, Cook County, Illinois," be, and the same are here- by ordered printed and published, by authority of the Board APPROVAL OF GENERAL ORDINANCES. of Trustees of said town, in book and pamphlet form, to be en- titled "LAWS AND ORDINANCES GOVERNING THE TOWN OF LAKE VIEW." Passed and approved March 17th, 1879. JOHN N. HILLS, President. STATE OF ILLINOIS, 1 COUNTY OP COOK, > SS. TOWN OF LAKE VIEW. J I, JAMES J. WILSON, Town Clerk of the Town of Lake View, do hereby certify that the above and foregoing is a true copy of an ordinance entitled " An Ordinance in regard to the passage, approval and publication of the General Ordinances of the Town of Lake View," passed by the Board of Trustees of said town on the 17th day of March, A. D. 1879, and approved by its Pres- ident on said date. I further certify that I am the keeper of the original ordinance of which the foregoing is a certified copy, and that the same is on file at my office. WITNESS my hand and the corporate seal of said town, this 18th day of March, A. D. 1879. JAMES J. WILSON, Town Clerk of the Town of Lake View. .,*******. ORDINANCES. CHAPTER II. ORDINANCES. 1. Style of Ordinances. 2. Passage of, veto, etc. 3. Reconsideration. 4. Engrossing, etc. 5. Definitions. 6. Penalty. 7. Publication. 8. Proof of. 9. Repealing. 10. Rights not effected. SECTION 1. The style of ordinances passed shall be as fol- lows : "Be it ordained by the Board of Trustees of the Town of Lake View." SEC. 2. All ordinances passed upon by the Board of Trus- tees shall, before they take effect, be deposited in the office of the Town Clerk, said clerk shall record such ordinances, with proper indexes, in a book known and designated as the '"Book of Town Ordinances," and kept for that purpose. The origi- nal ordinance shall be filed in the office of the Town Clerk, and due proof of publication of all ordinances requiring pub- lication shall be procured by the clerk, and such proof or affidavit of publication shall be attached to and filed with said ordinances ; and the Clerk shall also note on his book of ordi- nances, at the foot of the record of each ordinance, a memo- randum of the date of the passage, and if published or posted, of the date of publication or posting of such ordinance, and if the President of the Board of Trustees approves thereof, he shall sign the same, and such as he shall not approve he shall return to the Board of Trustees with his objection thereto in writing, at the next regular meeting of the Board of Trustees, occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropria- tions 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 8 ORDINANCES. and be in force. But in case said President shall fail to return any ordinance with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordi- nance, and the same shall take effect accordingly. SEC. 3. After the return of any ordinance by said Presi- dent, the vote by which the same was passed may be recon- sidered by the Board of Trustees at any regular meeting within thirty days thereafter, and if, after such reconsidera- tion, four-fifths of all the Trustees elected shall agree, by yeas and nays, to pass the same, it shall go into effect, notwith- standing said President may refuse to approve thereof; other- wise the veto shall be final. The vote to pass the same over the President's veto shall be taken by yeas and nays and entered on the records of the town. SEC. I. The approval or veto by the President of any ordinance shall be in writing. Whenever an ordinance has been approved by the Presi- dent, or passed over his veto, it shall be the duty of the Clerk to note such final action with the date thereof upon the rec- ords, immediately after the ordinance. Whenever any ordinance has been vetoed by the President and not adopted by the Board of Trustees on reconsideration, it shall be the duty of the Clerk, after the thirty days named in the preceding section shall have elapsed, to write across the ordinance on the records the words, " Vetoed and not adopted on reconsideration." Whenever any ordinance shall have been repealed or amended by the Board, the Clerk shall note such repeal or amendment in like manner, giving the date when such subse- quent action was taken. SEC. 5. The words and phrases following, whenever used in any ordinance, shall be construed to include in their mean- ing the definitions set opposite the same, whenever it shall be necessary to the proper construction of said ordinances : ORDINANCES. 9 1. Action; suit, prosecution, judicial proceedings. 2. Board; Board of Trustees; the President and Board of Trustees. 3. Court; Justice of the Peace, Police Magistrate, Jus- tice, Magistrate, and Court of Record. 4. He ; male, female, company, corporation, firm, society, singular or plural number. 5. Limits; corporation, corporate limits of the Town of Lake View ; the legal boundary of the Town of Lake View. 6. Number; the singular number shall include plural, and the plural number shall include the singular. 7. Name of Officer ; the same as though the words "of the Town of Lake View" were added. 8. Person; persons, male, female, company, firm, society, singular or plural .number. 9. Premises; place, places. 10. President; President of the Board of Trustees. 11. Seal; Seal of the Town of Lake View, corporate seal, seal of the corporation. 12. Street; alley, highway, lane, avenue, court, thorough- fare, way, parkway, boulevard. 13. Tax; taxes, special assessment, special tax, costs, interest or penalty imposed upon property. 14. Tense; words in the present tense shall include the future. 15. Town; Town of Lake View. SEC. 6. Any person who shall violate any section or any clause or provision of any section of any ordinance where the penalty is not otherwise provided for, or shall fail to perform or omit to do any act or thing required by any such ordi- nance, shall on conviction be fined not to exceed one hundred dollars, and may be imprisoned in default of payment until the fine and costs are paid : Provided, No such imprisonment shall exceed six months for any offense. 10 ORDINANCES. SEC. 7. All ordinances imposing any fine, penalty, impris- onment or forfeiture, or making any appropriation, shall, with- in ten days after they are passed, be published under the supervision of the Town Clerk, at least once in a newspaper published in the town, if any, or be posted in three public places in said town, and all other ordinances, orders and reso- lutions shall take effect from and after their passage, unless otherwise provided therein. SEC. 8. All ordinances, and date of posting or publication thereof, may be proven by the certificate of the Town Clerk, under the seal of the town, and when printed in book or pam- phlet form, and purporting to be published by authority of the Board of Trustees, 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. SEC. 9. When any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed to renew such former ordinance, clause or provision unless it shall be therein so expressly provided. SEC. 10. No suit, proceeding, right, fine or penalty insti- tuted or created, given, secured or accrued under any ordinance previous to its repeal, shall in anywise be effected, released or discharged, but may be prosecuted, engaged and recovered as fully as if such ordinance had continued in force, unless it shall be therein otherwise expressly provided. BOUNDARIES AND ROAD DISTRICTS. 11 CHAPTER III. BOUNDARIES AND ROAD DISTRICTS. The corporate limits of the Town of Lake View, in the County of Cook, and State of Illinois, shall embrace and in- clude within the same the following territory, to wit : All of Sections 6, 7, 18 arid 19, and that part of Section 30 lying east of Western Avenue and the north branch of the Chicago River. All of Sections 17, 20 and 29; also all of Fractional Sections 5, 8, 16, 21 and 28 lying west of Lake Michigan. Being all that part of Township Forty (40) north of Range Fourteen (14), east of the 3d P. M., bounded on the north by the north line of Sections Five (5) and Six (6), on the south by Fullerton Avenue, on the east by Lake Michi- gan, and on the west by the north and south center line of Western Avenue and the north branch of the Chicago River. The said Town of Lake View is divided into the following Road Districts: i District No. 1. All that territory lying south of the center line of Graceland Avenue and north of the center line of Ful- lerton Avenue. District No. 2. All that territory lying north of the center line of Graceland Avenue and south of the center line of North Fifty-Ninth Street. District No. 3. All that territory lying north of the center line of North Fifty-Ninth Street to the north boundary line of Sections 5 and 6. 12 JURISDICTION, TERRITORIAL EXTENT OF. CHAPTER IV. JURISDICTION, TERRITORIAL EXTENT OF. 1. Three miles into Lake Michigan. 2. Five miles to prevent polution of source of water supply. 3. One mile for various purposes. SECTION 1. The Town of Lake View shall have jurisdic- tion upon the waters of Lake Michigan bordering upon said town to the extent of three miles. SEC. 2 The jurisdiction of the town, to prevent or punish any polution or injury to the stream or source of water supply to the Water Works, shall extend five miles beyond its corpo- rate limits, or so far as such Water Works may extend. SEC. 3. The Board of Trustees shall have power First. To direct the location and regulate the management and construction of packing- houses, renderies, tallow-chand- leries, bone-factories, soap-factories and tanneries within the limits of said town, and within the distance of one mile with- out said town limits. Second. To prohibit any offensive or unwholesome business or establishment in 5 or within one mile of, the limits of the town. Third. To prohibit or regulate bathing in the waters of Lake Michigon bordering upon said town to the extent of one mile. Fourth. To have jurisdiction in and over all places within one-half mile of the town limits, for the purpose of enforcing health and quarantine ordinances and regulations thereof. CLERK. 13 CHAPTER V. CLERK. 1. Office, records and duties. 2. Record and publication of. 3. Post election notices. 4. Notice to officers elect. 5. Certify taxes to County Clerk. 6. Certify special assessments to Collector. 7. Notify all committees. 8. Bills, certify action of board on. 9. Papers read by clerk. 10. Full record of licenses. 11. Fees allowed. 12. Certify plats. 13. Publish or post ordinances. 14. Records of Board of Health. SECTION 1. The Town Clerk shall keep his office at the Town Hall. He shall keep the corporate seal of the town, and affix the same to all papers which may require it. He shall keep all records, receive, mark and properly file all papers coming to his office belonging to the town, grant certified copies from the records or papers of the town, and execute such or- ders as he may be directed to do from time to time by the Board of Trustees. He shall attend all meetings of the Board of Trustees, and keep a full record of its proceedings in the journal. He shall, when required, make proper copies of all papers duly filed in his office, and make transcripts from the journal and other records and files of his office, and shall cer- tify to the same under the corporate seal, and such certified copies and transcripts shall be evidence in all courts in like manner as if the originals were produced ; the originals there- of shall be retained and under no circumstances be removed from said office. SE."> as aforesaid, for five days, shall be punished by a like fine. In all prosecutions uner this section, it shall not be necessary for -the town to prove that the accused has no license, but it shall be deemed sufficient proof of the offense charged to prove that any such establishment or business was conducted or carried on, and it shall devolve on the defendant to produce such license, if any he has. SEC. 3. It shall be unlawful for any person to bring any dead animal, or decayed animal or vegetable matter, into the Town of Lake View, or to deposit any night-soil, filth, or of- fensive matter of any kind, shall be deemed guilty of commit- ting nuisance, and shall be punished, on conviction, by a fine of not less than five dollars, nor more than one hundred dollars, for each and every offense. SEC. 4. If any person shall allow manure, night-soil, or filth to accumulate on his premises, so as to become offensive or unwholesome, or shall allow any drain, sewer, or ditch to become offensive or unhealthy upon his premises, or shall per- mit any privy, cellar, or reservoir on his premises to become nauseous, offensive, or unwholesome, such act is declared to be a nuisance, and shall be punished by a fine of not more than twenty-five dollars, for every two days after notice by any of- ficer of the Town of Lake View. SEC. 5. If any person shall dig any hole in any public street, or remove any soil therefrom, when not authorized by the Board of Trustees or Overseer of Highways in writing, or shall obstruct any street in any way, so as to render it incon- venient or unsafe to pass, or shall injure or remove any side- walk or bridge, without due authority from the Board of Trus- tees or Overseer of Highways, or shall cut down, injure, or re- move any tree or shrub, in any public road or street, without such authority, such act is declared to be, and shall be deemed to be, a misdemeanor, and shall be punished by a fine of not more than one hundred dollars. The continuance of any ob- struction in any street for every day shall be punished by a fine 156 LAWS AND ORDINANCES OF THE of not more than twenty-five dollars. No prosecution shall be commenced under this section without the consent of the High- way Commissioners, or two of them. SEC. 6 If any person shall cut down, injure, or destroy any tree or shrub on the premises of another, without the permis- sion of the owner or legal occupant, or shall remove from the property of another, without permission, any sand, gravel, or soil, such act is declared to be, and shall be deemed to be, a nuisance, and shall be punished by a fine, not more than twenty-five dollars for each and every offense. SEC. 7. If any person shall hunt game or birds out of sea- son ; or, if any person, not a resident of the town, shall hunt game or birds in season, or if any person shall shoot or kill any bird or birds not suitable for game, at any time, such act shall be deemed, and is declared to be, a nuisance, and shall be pun- ished by a fine, not less than five dollars, and not exceeding twenty-five dollars for each and every offense. The firing of firearms in any public highway, or upon grounds not in possession of, or owned by, the person using the same, except by residents of the town, as aforesaid, in the game season, is declared also to be a nuisance, and shall be punished by a fine of not less than five and not exceeding twenty-five dollars. SEC. 8. If any person shall haul or draw sand, gravel, or soil for hire, on any public street or highway, without a license, issued under such regulations as may be made by the Board of Trustees, such act is declared to be, and shall be deemed to be, a nuisance, and every person found guilty shall be fined not less than one dollar for each load : and the fines for such offense shall be applied to keeping in repair the roads or streets in said town. IX* SCAVENGERS. SECTION 1. Be it ordained by the Board of Trustees of the TOWN OF LAKE VIEW. 157 Toivn of Lake View : That it shall be the duty of the owner, driver, or manager, and each of them, of any night-scavenger wagon, in driving in or through the Town of Lake View, always to keep upon each side of such night-scavenger wagon, in the night-time, a lighted lamp, with plain glass front and sides, with the number of the license of such wagon painted with black paint on the sides and front of each of said lamps, in dis- tinct and legible figures, at least two inches in size, and so placed that said lamps may be distinctly seen, and said number easily read by any person in any of the highways or premises adjacent thereto ; and every violation of this section shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and the Court may commit the offen- der to the County jail, 01 other place, until such fine and costs shall be paid. SEC. 2. No person shall deposit in the Town of Lake View any garbage, night-soil, or filth, without the express permission of the Board of Trustees first obtained in writing ; and every person who shall violate this section shall be .punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or imprisoned for a time not exceeding one month, in the discretion of the Court ; and the Court may commit the person so found guilty until the fine and costs are paid. SEC. 3. Every person who shall violate the provisions of the foregoing sections shall be deemed and held to be guilty of a. nuisance. X. BREACHES OF THE PEACE. SECTION 1. Be it ordained by the Board of Trustees of the Town of Lake View, That if any person shall engage in fight- ing by agreement, or if any person shall act as a second, ref- eree, or umpire at any such fight, such person shall be fined,, on conviction, one hundred dollars. And every person who shall aid and abet any such fight by 158 LAWS AND ORDINANCES OF THE their presence as spectators or otherwise shall be fined, on con- viction, not exceeding twenty-five dollars. SEC. 2. Every person who shall engage in any fight, or participate in a riot, or shall disturb the peace and quiet of any family or assemblage by loud and unusual noises, by profane or obscene language, or by shouting or singing, shall be fined, on conviction, not exceeding twenty-five dollars. SEC. 3. All disorderly houses or places, arid all assemblages in any place where the persons, or any of them, composing the same, are disorderly, are prohibited ; and every inmate or per- son found in any such house or place guilty of disorderly con- duct shall be punished by a fine not exceeding twenty-five dol- lars. Drunkenness in any assemblage, in the streets, or in any public place shall be considered disorderly conduct. XI. CEMETERIES. SECTION 1. Be it ordained by the Board of Trustees of the Town of Lake View, That no corpse shall be interred in any place within the limits of the Town of Lake View, not actually used as a cemetery on the 5th day of Mar-ch, 1867, or lying within the enclosure of a cemetery, not established on or before said day, except as hereinafter provided and allowed. SEC. 2. No corporation, or person or persons, shall estab- lish or open any cemetery within the limits of the Town of Lake View, unless the Board of Trustees shall first fix and determine the location of such cemetery, and fix the boundaries thereof. SEC. 3. The boundaries of Graceland Cemetery are hereby fixed as follows, to-wit : The E. \ of S. W. \ of Section 17*, lying East of Green Bay Road, and Lots 19 and 20 of Igle- hart's subdivision of W." J of S. E. \ of Section 17, T. 40, R. 14. SEC. 4. The boundaries of Rose Hill Cemetery are hereby fixed as follows, to-wit That portion of Section 6, in Town 40, North Range 14, East of the 3d P. M., as the same is de- TOWN OF LAKE VIEW. 159 scribed in the Record of Rose Hill Cemetery Company's sub- division of the S. I of the W. of the S. E. | of Section 6, in Town 40, North of Range 14, East of 3d P. M., as the same is recorded in the Recorder's office of Cook County, in Book of Maps, Number 160, on pages 76 and 77. SEC. o. The boundaries of all other cemeteries within the Town of Lake View are hereby fixed at the enclosure now sur- rounding any such cemeteries ; but, if any street is embraced in any such enclosure, no permission is hereby given to use such street, or keep the same enclosed. SEC. 6. It shall be lawful to inter dead bodies within the limits above prescribed, under such regulations as may from time to time be made by the Board of Trustees ; but the burial of any corpse outside of such limits shall be deemed a violation of the first or second sections of this ordinance. SEC. 7. If any person shall violate any one of the provi- sions of this ordinance, he shall be fined, on conviction, thereof, not exceeding one thousand dollars, or imprisoned, not exceed- ing six months, or both, in the discretion of the Court. It shall be lawful for the Court to order the offender to disinter any and all dead bodies that he may he proven to have buried contrary to the provisions of this ordinance, and to enforce obedience to such order by fine, or imprisonment, or both. It shall be law- ful for the police, or other persons under the direction of the Board of Trustees, to disinter any corpse buried contrary to the provisions of this ordinance, to remove and re-inter the same within the lawful bounds of any cemetery. SEC. 8. Nothing in this ordinrnce shall be construed to re- peal or modify an ordinance passed on the 2d day of April, 1866, numbered Chapter eight, or an ordinance passed May 7th, 1866, and numbered Chapter ten ; but the same are de- clared to be in force. 160 LAWS AND ORDINANCES OF THE XII. PENDING SUITS. SECTION 1. Be it ordained by the Board of Trustees of the Town of Lake View, That nothing in the Revised Ordinances, numbered from one, inclusive, to twelve, and now passed, shall be construed to repeal any ordinince, or part of an ordinance, for the violation of which any suit may be now pending or com- menced, so far as such suit may be concerned : but such ordi- nances, or parts of such ordinances, are continued in full force and effect with reference to the matters involved in any such suit, until the final termination thereof. EDWARD FOSTER, President. FREDERICK SULZER, Town Clerk. TOWN OF LAKE VIEW. 161 SIDEWALK ORDINANCE. SECTION 1. Be it resolved by the Board of Trustees of the Town of Lake View, That, hereafter, the distance of twelve (12) feet upon each side of each and every street or highway in said town shall be, and the same is hereby declared to be, for a sidewalk, and shall be used as such only. Provided, that it shall be lawful for owners of land bordering on such sidewalk to plant shade or ornamental trees upon the outside, four feet in breadth of each walk. SEC. 2. That the grades of sidewalks upon the road now occupied by the Dummy road or track shall be, as near as npy be, to a level grade with such Dummy track ; and that the grades upon the other streets and highways shall be upon a lev- el with the road bed thereof. SEC. 3. Any person or persons who shall be guilty of ob- structing any such walk, three days after notice from any of the authorities of said town, shall be fined not less than five (5) nor more than twenty-five dollars for each and every offense. I hereby certify that the above is a true transcript of an or- dinance passed by the Board of Trustees of the ToAvn of Lake View, Cook County, Illinois, at a regular meeting of said Board, on the first day of February, A. D. 1869 ; said ordinance be- ing entitled as above shown, and recorded in my office, Lake View, April 2d, 1869. T. M. BRADLEY, President. GEORGE WOLFRAM, Toivn Clerk. 162 LAWS AND ORDINANCES OF THE AN ORDINANCE To License Vehicles in the Town of Lake View, SECTION 1. Be it ordained by the Board of Trustees of the Town of Lake View, in Cook County, Illinois, That in pursuance of an Act of the Legislature of the State of Illinois, entitled "An Act to amend the Charter of the Town of Lake View," in said county, "Approved, March 29th, 1869," That hereafter each and every owner, teamster, or driver of any wagon, cart or other vehicle hauling for hire or sale any load, or loads, within the limits of said town, or for hire or sale else- where, other than the vegetable product of the soil, shall pay a license to said town, as follows : For any vehicle drawn by one animal, five dollars; and for any vehicle drawn by two animals, ten dollars ; and for any vehicle drawn by more than two animals, twenty dollars a year; said license to run from the first day of July of each and every year. SEC. 2. The President and Clerk of said Board of Trus- tees may, upon application of the owner of any such wagon, cart, or other vehicle, grant a license therefor. SEC. 3. Each and every teamster, or driver, shall procure and wear in plain view a metal badge, of not less than one and a half inch long, and one inch wide, on which shall be engraved the kind of vehicle and number of the license, in letters not less than ^ of an inch long, and figures not less than ^ of an inch long; said letters and figures to be boldly cut in Roman character, and filled in with black ; said badge to be provided with pin or fastening by which the same shall be worn in a conspicuous place upon the outside of the breast of the coat, so that it may not be hidden from view, either by accident or design. TOWN OF LAKE VIEW. 163 SEC. 4. Every person or persons so licensed shall forthwith cause the name of the owner, and the number of his or their license to be plainly painted in letters, at least one and a half inches in size, in a conspicuous place on it, outside of each side of such vehicle, and shall keep the same plain and distinct at all times, when used during the continuance of such license ; but upon the expiration of said license (unless renewed), such person shall immediately cause the same name and number to be erased from said vehicle, and shall not allow said vehicle to be used with said name or number thereon. SEC. 5. Any person or persons violating any of the provi- sions of this ordinance, shall be liable to a fine of not less than one nor more than five dollars, for each and every load hauled, or imprisoned not less than one nor more than three months,, in the county jail, in the discretion of the court. Approved, May 10th, 1869. T. M. BRADLEY, President^ GEOI GE WOLFRAM, Clerk. AN ACT TO INCORPORATE A BOARD OF TRUSTEES FOR THE TOWN OP LAKE VIEW, COOK COUNTY. AN ACT To Incorporate a Board of Trustees for the Town of Lake View, in Cook County: SECTION 1. Be it enacted, by the people of the State of Ill- inois, represented in the General Assembly, that the Supervi- sor, Assessor, and Commissioners of Highways of said Town of Lake View, and their respective successors in office, are hereby constituted and declared to be ex officio, a Board of Trustees for said Town of Lake View. SEC. 2. The said Board of Trustees shall hold stated meet- ings on the first Monday of each month, at eight o'clock in the evening, at such place as they shall by resolution direct, at which times the said Board may exercise any of the powers conferred upon them by law. The Supervisor shall preside at all meetings, and the Assessor shall act as Secretary. SBC. 3. The said Board of Trustees shall have power, from time to time, 1. To cause any street, alley, or highway to be paved, macadamized, gravelled or planked, and to keep the same in repair. 2d. To cause cross-walks and side-walks, main drains, and sewers to be constructed and laid, relaid, cleansed and repaired, and to regulate the same. 3c?. To grade, improve, protect, and ornament any public square, public ground, or park, now laid out, or hereafter to be laid out in said Town, except such park or public grounds as may be located by the Board now, or to be known as that of the North Park Commissioners ; provided, nevertheless, that said Board shall not cause any such paving, macadamizing, gravelling or planking to be done, or any such sidewalks, or main drains, or sewers to be constructed and laid, or any pub- 168 AN ACT TO INCORPORATE A BOARD OF TRUSTEES. lie ground, park or square to be graded, improved or ornamen- ted, except upon the written petition of residents of said Town of Lake View ; such petition to be signed by two-thirds in number of all the property owners resident in said Town, whose property shall be liable to be assessed, as hereinafter provided, to pay for such paving, sidewalks, or other improvements above named, which may be done or made in pursuance of the prayer of sifch petition. SEC. 4 . The expenses of any improvement mentioned in the foregoing Section shall be assessed upon the Real Estate in the said Town of Lake View, benefitted thereby, with the costs of the proceedings therein in proportion, as nearly as may be, to the benefits resulting thereto. SEC. 5. The amount to be assessed for any such improve- ment shall be determined by the said Board of Trustees, and they shall by ballot appoint, by a majority of said Board, three respectable freeholders of said Town of Lake View, to make such assessments. The Commissioners thus appointed shall be sworn faithfully and impartially to execute their duty, to the best of their ability. . SEC. 6. * The Commissioners shall assess the amount directed by said Board of Trustees to be assessed, upon the Real Estate by them deemed benefitted by any such improvement, in pro- portion to the benefit resulting thereto, as nearly as may be, and briefly describe in the assessment roll, to be made by them, the Real Estate in respect to which any assessment is made. SEC. 7. When the Commissioners shall have completed their assessment, and made a corrected copy thereof, they shall deliver the same to the Town Clerk of said Town of Lake View, within forty days after their appointment, signed by all the Commissioners. The Town Clerk shall thereupon cause no- tices to be posted up in three of the most public places of said Town of Lake View, for the space of six days, to all persons interested, of the completion of the assessment and the filing of the roll, and in said notices a time and place shall be designa- AN ACT TO INCORPORATE A BOARD OF TRUSTEES. 161 ' ted, at which said Board of Trustees shall hear objections to said assessments. SEC. 8. Any person interested may appeal to said Board of Trustees for the correction of the assessment. Appeal shall be in writing, and filed in the Town Clerk's office within six days after the notices shall have been posted up, as provided in the foregoing section. The Board of Trustees may adjourn such hearing from day to day, and shall have ppwer, in case of ap- peal or otherwise, in their discretion, to revise and correct the assessment, and confirm or amend the same, or direct a new assessment to be made in the manner hereinbefore directed, by the same commissioners or by three others, which shall be final and conclusive on all parties interested, if confirmed. When confirmed, the assessment shall be collected as hereinafter pro- vided, and no appeal or writ of error shall lie in any case from such order and determination. If any assessment be set aside by any order of court, the Board of Trustees may cause a new one to be made in like manner, for the same purpose, for the collecting of the amount so assessed. SEC. 9. If any vacancy happen in the office of Commission- er, at any time, by reason of removal, failure, or refusal or inability from sickness, or other cause, to serve, the Board of Trustees may fill such vacancy. SEC. 10. If the first assessment prove insufficient, another may be made in the same manner, or if too large a sum shall at any time be raised, the excess shall be refunded ratably to those by whom it was paid. SEC. 11. Commissioners appointed under this act may be sworn into office by the Town Clerk, and said Commissioners shall be allowed two dollars per day, each, for actual service, which together with all other expenses in relation to any assessment made in pursuance of this act, shall be deemed part of the expenses of the improvement, and included in such assessment. 170 AN ACT TO INCORPORATE A BOARD OF TRUSTEES. SEC. 12. When the said assessment shall have been con- firmed, as hereinbefore provided, it shall be the duty of the Town Clerk to file the same in the office of the Clerk of the County Court of said County of Cook, and it shall be the duty of the said Clerk of the County Court in the warrant next there- after to be issued for the collection of State and County Taxes levied upon the real estate in said Town of Lake View, to set down in a column for that purpose provided, opposite the sev- eral lots, pieces or parcels of real estate upon which assessments have been made for benefits, as hereinbefore provided, the amounts of said assessments, respectively ; and it shall there- upon be the duty of the Collector of the Taxes for the State and County to collect said assessments, and enforce the pay- ment thereof, in the same manner, and with all the rights, pow- er, and authority that he has to collect State and County Taxes, and shall pay the same over to the officer entitled to receive the Town Tax, at the same time that he is required to pay over the County revenue, and the proper Court of said County shall render judgment against, and order the sale of any lot, piece or parcel of real estate for the non-payment of the said assess- ment and costs, in the same manner, as is or may be provided for State and County Taxes ; and judgment shall be rendered for the aggregate amount for State, County, and other Taxes, and the assessment aforesaid. The sale shall be conducted upon the same notice and judgment, and in the same manner as is or may be provided by law, for State and County Taxes ; the right of redemption shall exist, and be exercised in the same manner ; and deeds for property sold for any assessment levied under this Act shall be executed by the same p'ersons, and shall have the same effect as evidence as deeds executed in pursuance of the laws now in force, or hereafter to be enacted, providing for the collection of Sta'te and County Taxes, in counties adopt- ing tfae Township Organization. SEC. 13. Said Board of Trustees shall also have power: 1st. To compel the owner or occupant of any grocery, cel- lar, tallow chandler's shop, soap factory, tannery, stable, barn, AN ACT TO INCORPORATE A BOARD OF TRUSTEES. 171 privy, sewer, or other unwholesome, nauseous house, or place, to cleanse, remove, or abate the same, from time to time, as often as may be necessary, for the health, comfort and conven- ience of the inhabitants of said town. 2d. To direct the location and management of, and regu- late, license, and prohibit, breweries, tanneries and packing- houses, and to direct the location, management and construc- tion of, and regulate, license, restrain, abate and prohibit with- in the town, distilleries, slaughtering establishments, establish- ments for steaming or rendering lard, tallow, offal, and such other substances as can or may be rendered, and all establish- ments or places where any nauseous, offensive or unwholesome business may be carried on, and to regulate, restrain, abate and prohibit any shooting gallery, shooting park, or establishment for target shooting, and to punish by fine and imprisonment, persons guilty of a violation of the ordinances, orders or regu- lations to be made by said Board of Trustees, in relation thereto. Sd. To restrain and regulate, or prohibit, the running at large, or herding of cattle, horses, mules, swine, sheep, goats and geese ; and to authorize the distraining, impounding and sale of the same, for the penalty incurred, and the cost of the proceedings, and also to impose penalties on the owners of any such animals, for a violation of any ordinance in relation thereto. 4th. To abate and remove nuisances, and punish the authors thereof, by penalties, fines and imprisonment, and to authorize and direct the summary abatement thereof; but nothing in this Act shall be construed so as to outset any court of jurisdiction to abate and remove nuisances in the streets, or any other parts of said Town, or within its jurisdiction, by indictment or other- wise. 5th. To restrain, prohibit and punish by fine or imprison- ment, the cutting of trees or shrubbery upon any of the pub- lic grounds or highways in said Town. 6^. To regulate, restrain, prohibit and punish, by fine or imprisonment, the shooting of fire-arms in said Town. 172 AN ACT TO INCORPORATE A BOARD OF TRUSTEES. SEC. 14. All orders, ordinances, and resolutions of said Board of Trustees shall be posted, for ten days, in three or more public places in said town, by the Secretary of said Board, but they shall take effect and be operative upon their passage, notwithstanding any failure to post the same. SEC. 15. Any Justice of the Peace of said town, or any Court of Record of Cook County, shall have jurisdiction of any offenses under the orders, ordinances, or resolutions of said Board of Trustees. SEC. 16. All actions brought to recover any penalty or forfeiture incurred under this act, or the ordinances, orders, or regulations made in pursuance of it, shall be brought in the name of the Town of Lake View. It shall be lawful to declare generally in debt for such penalty or forfeiture, stating the clause of this act, or the ordinance, order, or regulation under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it. SEC. 17. In all prosecutions for any violation of any ordi- nance, order, or regulation, the first process shall be a sum- mons, unless oath or affirmation be made for a warrant, as in other cases. SEC. 18. Any fines imposed for violation of any order, ordinance, or regulation, shall be paid to said Board, and shall by them be used to defray such expenses as may be incurred in the exercise of their powers. SEC. 19. Said Board of Trustees may exercise the power hereby conferred to abate nuisances, at any time, and may appoint such agents as it may determine, to execute the same. SEC. 20. Said Board shall have power, by resolution, to appropriate so much' money as they may deem necessary, as a local bounty, for the purpose of filling the quota of said town, under any call of the President for soldiers for the armies of the United States, and through the proper officers of said town and county, to levy and collect taxes for that purpose, and to AN ACT TO INCOKPORATE A BOAED OF TRUSTEES. 173 reimburse any person for advances that may have been made, v or may hereafter be made therefor, at the request of the Super- visor of said town. SEC. 2L. This Act shall be deemed a public Act, and shall take effect and be in force from and after its passage. ALLEN C. FULLER, Speaker of the House of Representatives. WILLIAM BROSS, Speaker of the Senate. Approved, February 16, 1865. RICHARD J. OGLESBY, GOVERNOR. UNITED STATES OF AMERICA, 1 STATE op ILLINOIS. / I, SHARON TYNDALE, Secretary of State of the State of Illi- qt x;|sv,p nois, do hereby certify that the foregoing is a true copy SEAL of an enrolled law now on file in my office. STAMPED. i n witness whereof, I have hereunto set my hand, and affixed the great seal of the State, at the City of Spring- field, this 20th day of February, A. D. 1865. SHARON TYNDALE, Secretary of State. AN ACT To amend the Act to incorporate a Board of Trustees for the Town of Lake View, in Cook County, approved February 16th, 1865. SECTION 1. Be it enacted by the people of the State of Illinois, represented in General Assembly, that the township of Lake View, in Cook County, is, and shall be a municipal corporation, under the name of the Town of Lake View, and may have, and use a common seal, and alter the same at pleasure. SEC. 2. The Supervisor of said town shall be the Presi- dent, and the Clerk of said town shall be the Clerk of the Board of Trustees, and regular meetings of the Board of Trustees shall be held at such times and places as they may, by orders or resolution appoint. SEC. 3. The Supervisor shall be the Treasurer, and exe- cute such bond as the Board of Trustees may direct. The Clerk shall perform such duties as may be prescribed by the Board of Trustees, and the records, and certified copies there- from, or of any paper on file in the office of said Clerk, shall be evidence in all courts and places. SEC. 4. The Board of Trustees shall have power to levy taxes on the real estate and personal property assessed in said town, to pay the expenses authorized by this Act, and the Act to which this is an amendment. Whenever the Board of Trus- tees determines on the rate of taxation, the Town Clerk shall file a certificate thereof with the County Clerk, who shall com- pute and extend the taxes on the real and personal property, assessed in said town, and returned to him by the Town Asses- sor, as in the case of Town taxes, and thereafter, the like pro- ceedings sb all be had to collect the same, and enforce payment AN ACT TO INCORPORATE A BOARD OF TRUSTEES. 175 thereof, as in the case of other taxes. The money when col- lected shall be paid to the Treasurer of the Board of Trustees, and paid out as may be ordered by said Board. SEC. 5. The Board of Trustees shall have power to borrow, not exceeding two thousand dollars in any one year, at a rate of interest not exceeding ten per cent, per annum, to enable the town to meet any deficiency, or to anticipate the collection of the taxes for the current year. SE^. 6. The Board of Trustees may build a Town Hall, and a Calaboose, at such place as they may designate, and for that purpose may borrow money, if necessary, for and in behalf of the ToAvn, and levy a tax to pay the expense of procuring a site, and erecting either or both of such buildings, but the cost shall not exceed the sum of three thousand dollars, unless the plan and amount be first submitted to the legal voters of said Town, at any regular election, or any special election, ordered by the Trustees for that purpose. Whenever a Town Hall shall be built, the Town meetings, elections, and the meetings of the Board of Trustees, shall be held at such Town Hall. SEC. 7. The Board of Trustees shall have the control and supervision of the highways, streets, alleys, public grounds and parks in said Town. Any park that may be opened by the North Park Commissioners, under an Act entitled, " An Act to provide for the location, improvement and regulation of a cer- tain park therein named," approved February 16th, A. D. 1865, and the Overseers of Highways, shall be subject to the orders of said Board. SEC. 8. The Board of Trustees shall have power to lay out, open, widen, narrow, extend, straighten, alter, or vacate high- ways, streets, and alleys, and to cause new or old highways, streets and alleys to be surveyed, platted and recorded. When- ever the Board of Trustees shall determine to execute any pow- er under this section, the three Commissioners of Highways, shall proceed in the manner provided by the laws in regard to Township organization, in force at such time, and the Commis- sioners shall report their proceedings to the Board of Trustees* 176 AN ACT TO INCORPORATE A BOARD OF TRUSTEES. for examination and confirmation, and if disapproved, the same shall be of no force, but if confirmed, the same shall have the like effect as the final decision of the Commissioners of High- ways, under the Township organization laws, and an appeal may be prosecuted from the decision of the Board of Trustees of disapproval or confirmation in the same manner, and with like effect, as from the final decision of Commissioners of High- ways. SEC. 9. The Board of Trustees may provide for the expen- ses of opening, widening and narrowing, extending or altering highways, streets or alleys, and for improving the same as authorized by the Act to which this is an amendment, by gen- eral taxation, or for a part thereof by special assessment, and a part by general taxation, or for the whole in the manner pro- vided in said Act, as they may see proper. SEC. 10. All highways, streets, avenues, alleys, squares, parks or public grounds, marked or noted as such on any plat, sub-division, or map of any tract, or parcel of land in said town, heretofore made, or hereafter to be made by the owner thereof, and recorded in the office, where deeds have been, or may be required by law to be recorded, shall be deemed in law and equity a sufficient conveyance to vest the fee-simple of all such parcels of land in the Town of Lake View, for the uses and purposes expressed or indicated on said plat in like manner, and with the same effect, as is provided in Section 21, Division 1, Chapter 25, of the Revised Laws of 1845, entitled " Cor- porations." SEC. 11. The Board of Trustees shall also have power to define and declare what shall be deemed nuisances, and to pre- vent and abate the same, and provide for the punishment of of- fenders against any order or ordinance passed concerning the same, by fine or imprisonment, or both ; to fix and determine the location of any Cemetery, which any person or corporation may hereafter desire to establish or open in the Town of Lake View, and to fix the boundaries of any Cemetery, and to pre- <*vent the interment of the dead in any place, not now actually AN ACT TO INCORPORATE A BOARD OF TRUSTEES. 177 used as a Cemetery, or lying within the enclosure of a Ceme- tery now established ; to designate the place of holding elec- tions and town meetings, until a Town Hall may be built ; to license or regulate saloons, gardens of public resort, and the sale of spirituous, vinous or malt liquors ; to prohibit and sup- press gaming, houses of ill-fame, horse-racing, and all disorder- ly houses and places ; to provide for the punishment of those engaged in fighting, riots or breaches of the peace, or those who may disturb the peace and quiet of any religious assembly, or private family ; to commence and prosecute or defend any suit or legal proceedings, and to employ attorneys and necessary agents for that purpose ; to appoint policemen, define their du- ties, and fix their compensation ; policemen, constables and members of Board of Trustees, may each arrest without war- rant, any person who may be found in the violation of the Charter of the Town or Ordinances passed in pursuance thereof, or who may be suspected of any such offense, and bring the person so arrested before any Justice of the Peace in said town for examination. SEC. 12. The Town shall sue and may be sued by its cor- porate name. The Justices of the Peace of the Town shall have" jurisdiction of all suits or proceedings for a violation of any of the ordinances passed thereunder ; warrants and other writs may be served by the constables or policemen of the Town, anywhere in Cook County. All fines shall be paid to the Treasurer of said Board. SEC. 13. It shall not be lawful to keep open on Sunday in the Town of Lake View, any saloon or other place where liq- uors, ale or beer shall- be sold or given away, within twenty- five rods distance from any Cemetery, School House or Church, without the written- consent of the Superintendenfof said Cem- etery, or the Directors of the School District, where such School House is situated, or the Trustees or Vestrymen of such Church, as the case may be, and every violation of this Section shall be punished by a fine of one hundred (100) dollars, to be recorded before any Court of competent jurisdiction, and the license of 178 AN ACT TO INCORPORATE A BOARD OF TRUSTEES. the offender or offenders shall cease and be null and void, from and after any conviction for such offense. SEC. 14. The proviso to Section three, (3,) of the Act here- by amended, and all parts of said Act, inconsistent with this Act, are hereby repealed. SEC. 15. The Ordinances heretofore passed by the Board of Trustees are hereby declared valid, and shall remain in force until amended or repealed by said Board, and said Board of Trustees may carry out the powers conferred on them by reso- lution, order or ordinance but neither this Act, nor the Act hereby amended, shall in any way be construed as giving pow- er to impair the rights of the Lake View Avenue Company, or the powers and privileges granted, or to be granted, to the said North Park Commissioners. SEC. 16. This Act shall be a public Act, and all Courts shall take judicial notice thereof, and it shall take effect from and after its passage. Approved March 5th, 1867. I, SHARON TYNDALE, Secretary of State, of the State of Illinois, do hereby certify that the foregoing is a true copy of an Enrolled Law, now on file in this STAMPED Office. In witness whereof, I hereto set my hand and affix the Great Seal of State, at the City of Springfield, this 12th day of March, A. D. 1867. SHARON TYNDALE, Secretary of State. AN ACT To amend the Charter of the Town of Lake View, in Cook County. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter no new cemetery shall be opened or established in the Town of Lake View, in Cook County, or any existing cemetery in said town be enlarged beyond the limits now actually enclosed or fixed by ordinance now in force, except in the manner herein prescribed. Whenever any person or corporation shall desire to open such new cemetery, or enlarge an old one, an applica- tion shall be made to the Board of Trustees, supported by the petition of at least twenty legal voters of the town, when it shall be the duty of the Board to cause the question to be submitted to the legal voters of the town, at the next annual election for town officers ; and if the majority of all the legal voters, voting at said election, shall vote in favor of the propo- sition, then it shall be lawful to open and establish the new cemetery, or enlarge the old one, as the case may be, in accord- ance with the proposition submitted, but not otherwise. SEC. 2. If any person, association, or corporation, shall attempt to or shall open and establish a new cemetery, or en- large an old one, contrary to the provisions of this Act, it shall be deemed a misdemeanor, and punished, as now provided by the ordinance of said town, or as may be provided by ordi- nance hereafter passed; and the steps now allowed by the ordinances of the town to prevent, abate and remove the same, may also be taken as therein provided. SEC. 3. It shall be the duty of any court of competent jurisdiction, on application of any resident tax payer of the town, or of the town itself, to prevent the opening or establish- 180 AN ACT TO INCORPORATE A BOARD OF TRUSTEES. ment of any new cemetery, or the enlargement of any old one, contrary to the provisions of this act, by injunction. SEC. 4. The Board of Trustees may license and regulate the use of all wagons and teamsters engaged in hauling for hire within the town, whether the owners or teamsters reside or keep such wagons and teams in the town, or elsewhere, and may enforce such regulations by penalties and imprisonment. SEC. 5. This Act shall take effect from and after its pas- sage. F. CORWIN, Speaker of the House of Representatives. J. DOUGHERTY, Speaker of the Senate. Approved, March 29, 1869. JOHN M. PALMER, GOVERNOR. I, EmvAED RUMMEL, Secretary of State of Illinois, do here- by certify that the foregoing is a true copy of " An Act to amend the Charter of the. Town of Lake View, in Cook County, Approved, March 29 I, EDWARD RUMMEL, Secretary of State of Illinois, do here- by certify that the foregoing is a true copy of "An Act to preserve the shore of Lake Michigan for Residences, Ap- proved, March 30, 1869," now on file in this office. SEAL. i n witness whereof, I hereto set my hand and affix the Great Seal of State, at the City of Springfield, this 15th day of April, A. D. 1869. EDWARD RUMMEL, Secretary of State. Article IX, Of an Act of the General Assembly of the State of Illinois, entitled "An Act to provide for the Incorporation of Cities and Villages/' Approved April 10, 1872. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 1. Taxing powers. 2. Manner of taxation. 3. Eminent domain. 4. Petition for condemnation. 5. Form and contents of peti- tion. 6. Summons notice. 7. Hearing jury. 8. Compensation ascertained by jury. 9. Viewing premises. 10. Verdict; order; new parties; further proceedings. 11. Powers of court. 12. Delay powers of court. 13. Persons under disability. 14. Judgment ; payment ; effect; appeals, etc. 15. Order for possession; when. 16. Expense, when paid by gen eral tax. 17. Where, by special taxation of contiguous property. 18. Special assessment ; how made. 19. Ordinance for. 20. Estimate of expense. 21. Report and approval. 22. Petition for assessment. 23. Order appointing commis- sioners; form of oaths. 24. Duty of commissioners. 25. Assessment roll. 26. Notice of assessment; notices by mail, form of; notice by publication, form of. 27. Proof of such notice, and place of deposit. 28. Effect, if notice not in time. 29. Hearing of report; object'ns. 30 Manner of hearing & finding 31. Preference over other cases on docket. 32. Powers of court to modify, etc. ; assessment. 33. Effect of judgment; appeals from; to be a lien. 34. Certificate of judgment, etc. to clerk of city. 35. Form of warrant to collect. 36. Notice by city collector ; form of. 37. Manner of collecting. 38. Delinquent list to be report- ed to general officer of coun- ty ; manner and effect of. 39. Duty of officer receiving report. SPECIAL ASSESSMENTS. 183 40. Report of sales ; redemption from. 41. Penalty of general officer for selling land, for which he has coll'cM assessment. 42. Both collectors to pay over, as per ordinance; compen- sation. 43. Proccdings for judgment; as per general revenue law. 44. Cities may purchase at sales. 45. New assessments. 46. Second assessment. 47. Time for subsequent assess- ment, for deficiency ; cred- its or further assessments; liens five years from confir- mation of first assessm't, etc. 48. Rights of contractor. 49. Letting contracts. 50. Lien of assessments. 51. Suits by collector for assess- ments; trial and judgment; general execution; or sci. fa. by city for gen'l execution. 52. Petition to assess benefits may be filed with petition for condemnation. 53. Any existing city or town may adopt this article alone SECTION 1. That the corporate authorities of cities and vil- lages are hereby vested with power to make local improvements by special assessment or by special taxation, or both, of con- tiguous property, or general taxation, or otherwise, as they shall by ordinance prescribe. SEC. 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. SEC. 3. Should said ordinance provide for improvements which require the taking or damaging of property, the proceed- ing for making just compensation therefor shall be as follows : SEC. 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 au- thorized to make, the making of which will require that private property be taken or damaged for public use, such city or vil- lage 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 184 SPECIAL ASSESSMENTS. be taken or damaged for the improvement or purpose specified in such ordinance shall be ascertained by a jury." SEC. 5. Such petition shall contain a copy of the said ordi- nance, certified by the clerk, under the corporate seal ; a rea- sonably accurate description of the lots, parcels of land, and property which will be taken or damaged, and the names of the owners and occupants thereof, so far as known to the board or officer filing the petition, and where any known owners are non- residents of the State, stating the fact of such non-residence. SEC. 6. Upon the filing of the petition aforesaid, a sum- mons, 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, or on due inquiry cannot be found, the clerk of the court, upon an affidavit being filed showing such fact, shall cause publication to be made in some newspaper printed in his county, or if there be no news- paper published in his county, then in some newspaper published in this State, containing notice of the pendency of such proceeding, the parties thereto, the title of the court, and the time and place of the return of the summons in the case, and the nature of said proceeding ; such publication to be made for four weeks 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. SEC. 7. Upon the return of said summons, or as soon there- after 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 de impan- SPECIAL ASSESSMENTS. 185 eled 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 in force March 30, 1874.] SEC. 8. Such jury shall also ascertain the just compensa- tion to be paid to any person claiming an interest in any lot, parcel of land or property which may be taken or damaged by such improvement, whether or not such person's name, or such lot, parcel of land, or other property, is mentioned or described in such petition ; Provided, such person shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in, and description of the lot, parcel of land, or other property in respect to which he claims com- pensation. SEC. 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 pro- ceeding will be taken or damaged by said improvement, and in any case, where there is no sasisfactory 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 dam- age to be paid for the property or part of property to be taken or damaged, and for the entire interests therein. [As amended by act in force March 30, 1874.] SEC. 10. Upon the return of such verdict, the court shall order the same to be recorded, and shall enter such judgment or decree thereon as the nature of the case may require. The court shall continue or adjourn the cause, from time to time, as to all occupants and owners named in such petition who shall not have been served with process, or brought in by publication, and shall order a new summons to issue and new publication to be made; and upon such occupants or owners being brought into court, shall impanel a jury to ascertain the compensation so to be paid to such defendant or defendants, for private property taken or damaged ; and like proceeding 186 SPECIAL ASSESSMENTS. shall be had for such purpose as hereinbefore provided for the ascertaining of compensation to other owners. SEC. 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 any finding or findings of any jury or juries, or at any time during the course of such proceedings, enter such order, rule, judgment or decree as the nature of the case may require. SEC. 12. No delay in making an assessment of compensa- tion shall be occasioned 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 inter- plead so as to fully determine their rights and interests 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. SEC. 13. When it shall appear, from said petition or other- wise, 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 ap- point a guardian, ad titem, 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. SPECIAL ASSESSMENTS. 187 SEC. 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 conclu- sive as to the damages 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 approv- ed 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. SEC. 15 The Court, upon proof that said just compensation so found by the jury has been paid to the person entitled there- to, or has been deposited as directed by the court (and bond giv- en, 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 there- after, to take possession of or damage the property, in respect to which such compensation shall have been so paid or depos- ited, as aforesaid. SEC. 16. When the ordinance under which said improve- ment is ordered to be made, shall provide that such improve- ment shall be made by general taxation, the cost of such im- provement shall be added to the general appropriation bill of such city or village, and shall be levied and collected with and as a part of the general taxes of such city or village. SEC. 17. When said ordinance under which said local im- provement shall be ordered shall provide tbat 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. 188 SPECIAL ASSESSMENTS. (a) See Act of 1872, entitled "Eminent Domain," and notes thereto. (b) Mandamus may be awarded to compel a city to collect such taxes and assessments, Higgim vs. Chicago, 18 111. R., 276, and an action on the case will lie against the city for fail- ure to collect and pay over damages assessed on condemnation. Claybury vs. Chicago, 25 111. R., 535. SEC. 18. When the ordinance under which said local im- provement is ordered to be made shall provide that such im- provement shall be wholly or in part made by special assess- ment, the proceedings for the making such special assessment shall be in accordance with the sections of this act [Article] from eighteen to fifty -one inclusive. SEC. 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 de- scription of such improvement : Provided, That whenever any such ordinance sha 1 provide only for the building or re- newing 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, SEC. 20. The city council or board of trustees shall appoint three of its members, or any other three competent persons, who shall make an estimate of the cost of the improvement contemplated by such ordinance, including labor, materials, and all other expenses attending the same, and the cost of mak- ing and levying the assessment, and shall report the same in writing to said council or board of trustees. SEC. 21. On such report being made and approved by the council, or board of trustees, as the case may be, it may order SPECIAL ASSESSMENTS. 189 a petition 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. SEC. 22. The petition shall be in the name of the corpora- tion, and shall recite the ordinance for the proposed improve- ment, and the report of such commission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. SEC. 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. | bk " 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." SEC. 24. It shall be the duty ot such commissioners to ex- amine the locality where the improvement is proposed to be made, and the lots, blocks, tracts and parcels of lands that will be specially benefited 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 benefited ; aud apportion the same between the city or village and such property, so that each shall bear its rel- ative 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 bene- fited by such improvement: Provided, That no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited. And provided further, That it shall not be necessary for said commissioners to examine the locality except where the ordinance provides for the opening, 190 SPECIAL ASSESSMENTS. widening or improvement of streets and alleys, (as amended by act approved and in force March 30, 1874.) (a] See Sec. 9, Art. 9, Constitution of 1870. Prior to this section it was decided that it was not necessary for the commissioners to go upon the ground or streets sought to be improved, and there investigate. Wright vs. Chicago, 48 111. R., 285, and their judgment could not be impeached except by fraud. (Elliot vs. Chicago, 48 111. R., 293 ; Chicago vs. Bur- tice, 24 Id., 489.) (5) Such assessments are not like taxes, a charge upon property that reduces its value. (The Trustees $c., vs. Chi- cago, 12 111. R., 403; Peoria vs. Kidder, 26 Id., 357.) ( Commissioners." (As amended by act in force July 1, 1873. See Ottawa vs. Macy, 20 111. R., 413. SEC. 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 names and places of residence are known to them, the notice hereinbefore re- quired 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, set- ting 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 amendeded by act in force July 1, 1873.) SEC. 29. If ten days shall not have elapsed between the first publication, or the putting up of such notices, and the first SPECIAL ASSESSMENTS. 193 day of the next term of such court, the hearing shall be con- tinued until the next term of court. SEC. 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 lots, blocks, tracts and parcels of land, to the assessment of which objec- tions are not filed within the time ordered by the court, default may be entered and the assessment confirmed by the court. (a) The court may take time to consider and decide upon the objections. Ottawa vs. Fisher, 20 111. R., 422. (5) A party after notice, who fails to appear, waives all ob- jections. (Ottawa vs. C. $ R. I. R. R. Co., 25 111. R., 43; Jenks vs. Chicago, 48 Id., 296.) (c] A special assessment cannot extend beyond the prop- erty described in the notice. (Owen vs. Chicago, 53 111. R., 95.) (d) The assessment must conform to the law ; it is the foun- dation of the proceedings. (Chicago vs. Wright, 32 111. R., 192.) SEC. 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 benefited, or more or less than their proportionate share of the cost of the improve- ment, the jury shall so find, and also find the amount for which such premises ought to be assessed, and judgment shall be ren- dered accordingly. SEC. 32. The hearing in all cases arising under this act shall have precedence over all other cases in such court, except criminal cases. 194 SPECIAL ASSESSMENTS. SEC. 33. The court before which any such proceeding may be pending, shall have authority, at any time before final ad- journment, [judgment,] to modify, alter, change, annul or con- firm 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 commis- sioners first appointed, for the purpose of making such assess- ment, 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 ap- plication for that purpose as to the whole or any part of tne premises. SEC. 34. The judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment or writ of error shall not invalidate or delay the judgment except as to the property con- cerning which the appeal or writ of error is taken. Such judg- ment shall be a lien upon the property assessed, from the date thereof until payment shall be made. SEC. 35.' The clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment to the clerk of such city or village, or if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such ap- peal or writ of error. The clerk of the city or village shall file such certificate in his office, and issue a warrant for the collection of such assessment. SEC. 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 and parcels of land assessed, :md the respective amounts assessed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized SPECIAL ASSESSMENTS. 195 to collect such special assessments. Such warrant shall give sufficient authority to collect the assessments therein specified. X SEC. 37. The collector receiving such warrant shall imme- diately 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 notice may be substantially in the follow- ing form : "SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. . "Public notice is hereby given that the (here insert the title of court) has rendered judgment for a special assessment upon property benefited by the following improvement (here insert the character and location of the improvement in general terms), as will more fully appear from the certified copy of the judgment on file in the office of the clerk of the city (or village) of , that a warrant for the collection of such assessments is in the hands of the under- signed. All persons interested are hereby notified to call and pay the amounts assessed at the collector's office (here insert location of office), within thirty days from the date hereof. " Dated this - day of , A. D. 18. , Collector." SKC. 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 assesment 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 them of such assessment, and request payment of the same. Any such collector omit- ting so to do shall be liable to a penalty of ten dollars 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 " oppo- site 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. 196 SPECIAL ASSESSMENTS. SEC. 39. It shall be the duty of the collector of special assessments, within such times as the city council or board of trustees may, by ordinance, provide, to make ;j report in writ- ing 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 heen unable to collect special assessments, with the amount of special assessments due and unpaid thereon, togeth- er 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 tho 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 vil- lage of , as the case may be), remain due and unpaid ; that he is unable to collect the same or any pait 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 priina 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 assessments, 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 ap- plication for the confirmation thereof. (See Ottawa vs. Maey, 20 111. R., 413.) SEC. 40. When said general officer shall receive the report provided for in the preceding section, he shall at once proceed to obtain judgment "against said lots, parcels of land and prop- erty for said special assessments remaining due and unpaid, 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 remaining due and un- L-535A! /&"# RftfcE.