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 I 
 
 
CHARTER 
 
 OF 
 
 THE CITS 
 
 CASS COUNTY, ILLINOIS. 
 
 
 IN 
 
 18 ^ 0 * 
 
 [Published by order of the City Council.] 
 
 BEARDSTOWN s 
 
 PRINTED AT THE “GAZETTE OFFICE,'’ 
 
CHARTER OF THE CITY OF BEARDS TOWN, 
 
 ARTICLE I. 
 
 1. The City of Beardstown having been incorporated, under the general 
 law, passed February 10, 1849,possesses ail the powers authorized under the laws, 
 and amendatory acts incorporating either of the cities of Springfield or Quincy. 
 
 2. The boundaries of the City of Beardstown, are the same that constituted 
 the boundaries of the Town of Beardstown, 
 
 3. The boundaries of any city incorporated under the General Law, may in¬ 
 clude one mile square, and any tract of land adjoining, laid off into town lots and 
 duly recorded as required by law, and any tract of land adjoining said City with 
 the consen: of the owner thereof, within the limits of one half mile from the 
 boundary of said city. 
 
 4. The inhabitants of said city, by the name and style aforesaid, shall have 
 power to sue and be sued, to implead and be impleaded, defend and be defended, 
 in all courts of law and equity, and in all actions whatever : to purchase, receive, 
 and hold property, real and personal, beyond the city for burial grounds, or for 
 other public purposes, for the use of the inhabitants of said city ; to sell, lease, 
 convey, or dispose of property, real and personal, for the benefit of the city ; and 
 to impi ove and protect such property,and to do vll other things in relation thereto 
 as natural persons. 
 
 % 
 
 ARTICLE II. 
 
 Or the Citt Council, 
 
 Sec. 1, There shall be a city council, to consist of a Mayor and Board of 
 Aldermen. 
 
 Si c. 2. The Board of Aldermen shall consist of two members from each ward, 
 to be chosen by the qualified voters for two years. 
 
 Sec. 3. No person shall be an Alderman, unless at the time of his election he 
 shall have resided six months within the limits of the city, and shall be at the time 
 of his election twenty-one years of age, and a citizen of the United States, 
 
5 
 
 Sec. 4. If any alderman shall after his election remove from the ward for which 
 he is elected, or cease to be a freeholder in said city, his office shall be thereby va¬ 
 cated. 
 
 Sec. 5. At the first meeting of the city council, the aldermen shall be divided 
 by lot into two classes, the seats of those of the first class be vacated at the expira¬ 
 tion of the first year; and of the second class, at the expiration of the second year, 
 so that one-half of the board shall be elected annually. 
 
 Sec. 6 . The city council shall judge of the qualifications, elections, and returns 
 of their own members, and shall determine all contested elections. 
 
 Sec. 7. A majority of the city council shall constitute a quorum to do business, 
 but a smaller number may adjourn from day to day, and compel the attendance of 
 absent members under such penalties as may be prescribed by ordinance. 
 
 Sec. 8. The city council shall have power to determine the rule of its proceed¬ 
 ings, punish its members for disorderly conduct, and with the concurrence of two 
 thirds of the members elected expel a member. 
 
 Sec. 9. The city council shall keep a journal of its proceedings, and from 
 time to time publish the same, and the yeas and nays, when demanded by any mem¬ 
 ber present shall be entered on the journal. 
 
 Sec. 10. No alderman shall be appointed to any office under the authority of 
 the city, which shall have been created, or • he emoluments of which shall have 
 been increased during the rime for which he shall have been elected. 
 
 Sec. 11. All vacancies that shall occur in the Board of Aldermen shall be filled 
 by election. 
 
 Sec. 12. The Mayor and each Alderman, before entering upon the duties of 
 their office shall take and subscribe an oath “that they will support the Constitution 
 of the United States, and of this State, and that they will well and truly perform 
 the duties of their office to the best of their skill and abilities. 
 
 Sec. 13. Whenever there shall be a tie in the election of Aldermen, the judges 
 of election shall certify the same to the Mayor, who shall determine the same oy 
 lot in such manner as shall be provided by ordinance. 
 
 Sec. 14. There shall be twelve stated meetings of the city council in each 
 year, at such times and places as may be prescribed by ordinance. 
 
 ARTICLE III. 
 
 Of the chief Executive Officers. 
 
 Sec. 1. The chief Ex cutive officer of the city shall be, a Mayor, who shall 
 be elected by the qualified voters of the city, and shall hold his office for one year, 
 and until his successor shall be elected and qualified. 
 
 Sec. 2. No person shall be eligible to the office of Mayor, who shall not have 
 been a resident of the city for one year next preceding his election or who shall 
 
tS 
 
 be under twenty-one years of age, or who shall not at the time of his election be 
 a citizen of the United States. 
 
 Sec 3. If any Mayor shall, during the time for which he shall have been elec¬ 
 ted, remove from the city his office shall be vacated. 
 
 Sec. 4. When two or more persons shall have an equal number of votes for 
 May»r the judges of the election shall certify the same to the city council who 
 shall proceed to determine the same by lot, in such manner as may oe provided by 
 ordinance. 
 
 Sec. 5. Whenever an Section of Mayor shall be contested, the city council 
 shall determine the same in such manner as may be prescribed by ordinance. 
 
 Sec. 6. Whenever any vacancy shall happen in the office of the Mayor it 
 shall be filled by election. 
 
 ARTICLE IV. 
 
 Or Elections. 
 
 Sec. 1. On the third Monday of February of each year, there shall be an elec¬ 
 tion held for one Mayor for the city and one Alderman for each ward. 
 
 Sec. 2. All free white male inhabitants, over the age of twenty-one years, who 
 are entitled to vote for State officers, and are actual residents of said city shall be 
 entitled to vote for city officers : Provided, that said voters shall give their 
 votes for Mayor and Aldermen in the wards in which they respectfully [ively] re¬ 
 side, and in no other, and that no vote shall be received at any of said elections un¬ 
 less the person offering such vote shall have been an actual resident of the ward 
 where the same is offered, at kast ten days next preceding such election. 
 
 ARTICLE V. 
 
 Or the Legislative powers of the City Council, 
 
 Sec. 1. The city council shall have powers and authority to levy and collect 
 taxes upon all property, leal and personal, within the limits of the city, not ex¬ 
 ceeding one-half per cent, per annum upon the assessed value thereof, and may en¬ 
 force the payment of the same in any manner to be prescribed by ordinance not 
 repugnant to the Constitution of the United States and of this State. 
 
 Sec. [2.] The city council shall have power to appoint a clerk, treasurer, asses* 
 sor, marshal, supervisors of streets and all such other officers as may be necessary. 
 
 Sec. 3. The city council shall have power to require of all officers appointed 
 as aforesaid to take an oath for the faithful performance of the duties of their res¬ 
 pective offices before entering upon the discharge of the same. To establish, 
 support, and regulate common schools, to borrow money on the credit of the city; 
 Provided, That no sum or sums of money shall be borrowed at a greater interest 
 than at six per cent, per annum, nor shall the interest on the aggregate of all the 
 sums borrowed and outstanding ever exceed one half of the city revenue arising 
 
7 
 
 from taxes, assessed on real property within the limits of the corporation. 
 
 Sec. 4. To appropriate money and provide for the payment of the debt and 
 expenses of the city. 
 
 Sec. 5. To make regulations to prevent the introduction of contagious diseases 
 into the city, to make quarantine laws for that purpose, and enforce the same 
 within five miles of the city. 
 
 Sec. 6, To establish hospitals, and make regulations for the government of the 
 same. 
 
 Sec. 7. To make regulations to secure the general health of the inhabitants, to 
 declare what shall be a nuisance, and to prevent and remove the same. 
 
 Sec. 8. To provide the city with water, to erect hydrants and pumps in the 
 streets for the convenience of the inhabitants,. 
 
 Sec. 9. To open, alter, abolish, widen, extend, establish, grade, pave or oth¬ 
 erwise improve and keep in repair streets, avenues, lanes and alleys. 
 
 Sec. 10. To establish, erect, and keep in repa»r, bridges. 
 
 Sec. 11. To divide the city into wards, alter the boundaries thereof, and erect 
 additional wards, as the occasion may require. 
 
 Sec. 12. To provide for lighting the streets and erecting lamp posts. 
 
 Sec. 13 To establish, support, and regHlate night watches. 
 
 Sec. 14. To erect market houses, establish markets, and market places, and 
 provide for the government and regulation thereof. 
 
 Sec. 15. To provide for erection of all needful buildings for the use of the 
 city. 
 
 Sec. 16. To improve and preserve the navigation of the Illinois river within the 
 limits of the city. 
 
 Sec. 17. To erect, repair and regulate public wharves and docks, to regulate the 
 erection and repair of private wharves, and the rates of wharfage thereat. 
 
 Sec. 18. To license, lax and regulate hackney carriages, wagons, carts and 
 drays, and fix the rales to be charged for the carriage of persons and for the wag- 
 onage and cartage and drayage of property. 
 
 Sec. 19. To license and regulate porters, and fix the rates of porterage. 
 
 Sec. 20. To license, tax and regulate theatrical, and other exhibitions, shows, 
 &nd amusements. 
 
 Sec. 21. To tax, restrain, prohibit, and suppress tippling houses, dramshops, 
 a£d gaming houses, and bawdy and other disorderly houses. 
 
 Sec 0 22. lo provide for the prevention and extinguishment of fires, and to or¬ 
 ganize and establish fire companies. 
 
 Sec. 23. To regulate or prohibit the erection of wooden buildings in any part 
 
 of the city. 
 
s 
 
 Sec. 24, To rebate the fixing of chimneys, fix the fees [flues} therefor 
 
 [thereof,] and stove pipes. 
 
 Sec. 25. To regulate the storage of gunpowder, tar, pitch, rosin, and other 
 combustible materials. 
 
 Sec. 26. To regulate and order parapet walls and partition fences. 
 
 Sec. 27. To establish standard weights and measures, and regulate the weights 
 and measures to be used in the city, m all cases not otherwise provided for by 
 law. 
 
 Sec. 28. To provide for the inspection and measuring of lumber and other 
 building materials, and for the measurement of all kinds of mechanical worlg. 
 
 29. 29. To provide for the inspection and weighing of hay and stone-coal, the 
 measuring of charcoal, firewood and other fuel to be sold or used within the city. 
 
 Sec, 30. To provide for and regulate the inspection of tobacco, and of beef, 
 pork, flour, meal, and whiskey in barrels. 
 
 Sec. 31. To regulate the inspection of butter, lard, and other provisions. 
 
 Sec. 32. To regulate the weight, quality and price of bread to be sold and 
 used in the city. 
 
 I 
 
 Sec. 33. To regulate the size of bricks to be sold or used in the city. 
 
 Sec. 34. To provide for the taking enumerations of the inhabitants of the 
 city. 
 
 Sec. 35. To regulate the election of city officers and provide for removing 
 from office any person holding an office created by ordinance. 
 
 Sec. 36. To fix the compensation of all city officers, and regulate the fees of 
 of jurors, witnesses and others, for services rendered under this act, or any ordi¬ 
 nance. 
 
 Sec. 37. To regulate the police of the city 5 to impose fines and forfeitures and 
 penalties for the breach of any ordinance, and provide for the recovery and appro¬ 
 priation of such fines and forfeitures, and the enforcement of such penalties. 
 
 Sec. 38. The city council shall have power to make all ordinances which shall 
 be necessary and proper for carrying into execution the powers specified in this 
 act so that such ordinance be not repugnant to nor inconsistent with the constitu¬ 
 tion of the United States or of this State. 
 
 Sec. 39. The style of the ordinances of the city shall be, “Be it ordained by 
 the city council of the city of Beardstown . 55 
 
 Sec. 40. All ordinances passed by the city council, shall, within cne month 
 after they shall have been passed.be published in some newspaper published in the 
 city, and shall not be in force until they shall have been published as aforesaid. 
 
 Sec. 41. All ordinances of the city mny be proven by the seal of the corpora¬ 
 tion, and when printed and published in book or pamphlet form and purporting to 
 be published by authority'’ ot the corporation, the same shall be received in evi¬ 
 dence in all courts and places without further proof. 
 
 Sec. 42. The city council shall have powers by ordinance, to lei'y and collect 
 a special tax on the owner or owners of lots on any street, lane, avenue or alley, 
 
9 
 
 ■within said city, for the purpose of grading and paving the side-walks in front 
 of their respective lots and keeping the said side-walks in repair, and for the pur¬ 
 pose of lighting such street, lane, avenue or alley. 
 
 Sec. 43. The city council of said city shall have powers to provide for en¬ 
 closing, improving, and regulating all public grounds within the city, and for the 
 punishment of injuries or damage done to trees, buildings or other improvements 
 
 thereon. 
 
 Sec. 44. The city council shall have powers to license, tax and regulate auc¬ 
 tioneers, merchants and retailers, groceries,taverns, ordinaries, and all places where 
 fermented liquors are sold, and the vendors of the same, hawkers,pedlars, brokers, 
 pawnbrokers, and money changers. 
 
 Sec. 45. The city council shall have exclusive powers, within the city, by ordi¬ 
 nance to license, regulate and restrain the keeping of ferries and to suppress and 
 restrain billiard tables and the sale of lottery tickets. 
 
 Sec. 46. The city council shall have powers to open, widen, or alter a street, 
 lane, avenue or alley, only when the same shall be petitioned for by the owners 
 of the major part of the part of all the property in the block and on the street, 
 lane, avenue or alley proposed to be opened, widened or altered. 
 
 Sec. 47. The city Marshal shall by virtue of his office, be constable, withpow- 
 ers to serve process and do all acts that constables may lawfully do, and shall re¬ 
 ceive the same fees as are allowed to other constables by law; and the Marshal 
 shall be elected by the voters resident within the incorporated limits of the city, 
 who are qualified to vote for Mayor of said city, at the same time and in the same 
 manner that the mayor is elected ; and he shall hold his office for the same length 
 of time said Mayor holds his office; and shall before entering upon the discharge 
 of the duties of his office, execute a bond as constable, and file it in the office 
 of the Clerk of the Count}' Court, in like manner as other constables are requir¬ 
 ed to do by lav/, and take the same oath, as other constables are required by lew 
 to take. 
 
 Sec. 48. Tne city council shall have powers to provide by ordinance, that every 
 person against whom any judgment may hereafter be recovered, in favor of said 
 city for a penalty or fine for a breach of any ordinance, instead of being commited 
 to jail may be required to labor on the streets until the whole fine and costs shall 
 be paid, at the same rate per day as may be allowed as a forfeiture for a failure to 
 perform street labor under the direction of the street supervisor. 
 
 Sec. 49. The city council may have powers to declare what shall be a nuis¬ 
 ance and to prevent and remove the same as much as one half mile beyond the 
 limits of the Corporation, with full powers to impose a fine for a violation of any 
 ordinance to that effect. 
 
 Sec. 50. Whenever it may be necessary to pave or grade any street or front 
 lot, or to fill up or alter any lot that may be declared to be a nuisance, the city 
 council may have powers, upon the failure of the owners of any lot to pave, grade, 
 or fill up said lot, or to pay the taxes or fine that may be assessed on the owner or 
 owners thereof, to require that said lot, or so much theieof as may be necessary, 
 shall be sold for the payment of the tax or fine or costs, in the manner author¬ 
 ized for the collection of other taxes, and all assessments so made, shall constitute 
 a lien on said lot. 
 
 Sec. 51 The city, in the corporate name, may'purchase, receive, and* hold 
 real estate beyond their corporate limits, for the purpose of burying grounds. 
 
10 
 
 Sec. 52. Whenever the city authorities may wish to have the faxes, authori¬ 
 zed to be levied under and by virtue of the law, collected by the County Collector, 
 upon filing a certificate of the rate authorized under the authority of the Corpora¬ 
 tion, in the office of the Clerk of the County Court, it shall be the duty of the 
 Collector of taxes for the State and County to collect the taxes for said city, upon 
 the assessment of the value of all the property within the limits of said corpora¬ 
 tion, as ascertained by the assessment for State and County purposes, and enforce 
 the payment thereof, in the same manner, and with all the rights, power and au¬ 
 thority as he has to collect State and County taxes, and shall pay the same over to 
 the order of the corporate authorities at the same time he is required to pay over 
 theCounty Revenue. And theCourt of the proper county, shall render judgment and 
 order sale of any lot or tract for tire non-payment of the tax and costs due said city,; 
 or as may be provided for State andCounty taxes : and judgment and sale shall be ren¬ 
 dered for the aggregate amount due for County and State & City taxes. The same 
 compensation shall be paid for collecting as is paid for collecting State and County 
 taxes, to be paid by the City, and the Collector shall be liable on his bond for 
 taxes collected. 
 
 Sec. 53. The city shall not be exempt from the payment of a county tax nor 
 be required to support the paupers. 
 
 ARTICLE VI. 
 
 Of the Mayor. 
 
 Sec. 1. The Mayor shall preside at all meetings of the city council, and 
 shall have a casting vote and no other : in case of non-attendance of the Mayor 
 at any meeting, the Board of Aldermen shall appoint one of their own members 
 chairman who shall preside at that meeting. 
 
 Sec. 2. The Mayor or any two aldermen may call special meetings of the 
 city council. 
 
 Sec. 3. The Mayor shall at all times be active and vigilant in enforcing the 
 laws and ordinances for the government of the city ; he shall inspect the conduct 
 of all subordinate officers oi said city, and cause negligence and positive violation 
 of duty to be prosecuted and punished; he shall from time to time communicate 
 to the aldermen such information, and recommend all such measures, as in his opin¬ 
 ion may tend to the improvement of the finance, the police, the health, security, 
 comfort and ornament of the city. 
 
 Sec. 4. He is herebyauthorized to call on every male inhabitant of said city over the 
 age cf eighteen years, to aid in enforcing the laws and ordinances : and in case of 
 riot to call out the militia to aid him in suppressing the same, or in carrying into 
 effect any law or ordinances, and any person who shall not obey such call shall 
 forfeit to the said city a fine not exceeding five dollars. 
 
 Sec. 5. He shall have power whenever he may deem it necessary, to require of 
 any of the officers of the said city an exhibit of his books and papers. 
 
 Sec. 6. He shall have power to execute all acts that may be required of him 
 by any ordinance made in pursuance of this act. 
 
 Sec. 7. He shall be commissioned by the Governor as a justice of the peace for 
 said city, and as such shall be a conservator of the peace in the said city, and shall 
 have power and authority to administer oaths, issue writs and processes under the 
 seal of the city. To take depositions, the acknowledgement of deeds, mortgages, 
 and all other instruments of writing, and certify the same under the seal of the city 
 which shall be good and valid in law. 
 
 Sec. 8. He shall have exclusive jurisdiction in all cases arising under- the or¬ 
 dinances of the corporation, and concurrent jurisdiction w r ith all other justices 
 of the peace in all civil and criminal cases within the limits of the city arising 
 under the laws of the State, and shall receive the same fees and compensation 
 for his services in similar cases, 
 
11 
 
 Sec. 9. He shall also have such jurisdiction as may be vested in him by ordi¬ 
 nance of the city in and over all places within five miles of the boundaries of the 
 city for the purpose of enforcing the health and quarantine ordinances aDd regula¬ 
 tions thereof, and 
 
 Sec. 10. He shall receive for his services such salary as shall be fixed by an 
 ordinance of the city. 
 
 Sec. 11. In case the Mayor shall at any time be guilty of a palpable omission 
 of duty, or shall wilfully and corruptly be guilty of oppression, malconduct or 
 partiality in the discharge of the duties of his office, he shall be liable to be in¬ 
 dicted in the Circuit Court of Cass county, and on conviction he shall be fined not 
 more than two hundred dollars, and the court shall have power on the recommen¬ 
 dation of the jury to add to the judgement of the court that he be removed from 
 office. 
 
 ARTICLE VII. 
 
 Proceedings in Special Cases. 
 
 r 
 
 Sec. 1, When it shall be necessary to take private property for opening 
 widening or altering any public street, lane, avenue, or alley, the corporation shall 
 make a just compensation therefor to the person whose property is so taken, and 
 if the amount of such compensation cannot be agreed on, the Mayor shall cause 
 the same to be ascertained by a jury of six disinterested free holders of the 
 city. 
 
 Sec. 2. Where the owners of all the property on a street, lane, avenue, or 
 alley, proposed to be opened, widened or altered, shall petition therefor, the city 
 council may open, widen, or alter such street, lane, avenue, or alley, upon condi¬ 
 tion to be prescribed by ordinance, but no compensation shall in such case be made 
 to those whose property shall be taken for the opening, widening or altering such 
 street, lane, avenue, or alley, nor shall there be any assessment of benefits or dama¬ 
 ges that may accrue thereby to any of the petitioners. 
 
 Sec. 3. All jurors empannelled to enquire into the amount of benefits or dam¬ 
 ages which shall happen to the owners of property proposed to be taken for open¬ 
 ing;, widening, or altering any street, lane, or alley, shall first be sworn to that 
 effect, and shall return to the Mayor their inquest in writing, and signed by [each) 
 juror. 
 
 Sec. 4. In ascertaining the amount of compensation for property taken for 
 opening, or widening, or altering any street, lane, avenue, or alley, the jury shall 
 take into consideration the benefit as well as the injury happening by sucn open¬ 
 ing, widening, or altering such street, lane, avenue, or alley. 
 
 Sec. 5. The Mayor shall have power for good causes shown within ten days 
 after any inquest; shall have been returned to him as aforesaid, to set the same aside 
 and cause a new inquest to be made. 
 
 Sec, 6. The city council shall have power by ordinance to levy and collect a 
 special tax on the holders of the lots in any street, lane, avenue, or alley, or part 
 of any street, lane, avenue, or alley, according to their respective fronts owned by 
 them for the purpose of paving and grading the side-walks, and lighting sucn 
 streets, lane, avenue or alley, 
 
 u - OF ILL UB, 
 
ARTICLE VIII. 
 
 Miscellaneous Provisions. 
 
 Sec. 1. The inhabitants of the city of Beardstown, are hereby exempted from 
 working on any road beyond the limits of the city, and from paying any tax to 
 procure laborers to work upon the same. 
 
 Sec. 2. The city council shall have power for the purpose of keeping the 
 streets, lanes, avenues and alleys in repair to require every male inhabitant in said 
 city over twenty-one years of age to labor on said streets, lanes, avenues and 
 alleys not exceeding three days in each and every year; and any person failing to 
 perform such labor when duly notified by the supervisor shall forfeit and pay the 
 sum of one dollar per day for each day so neglected or refused. 
 
 Sec, 3. The city council shall have power to provide for the punishment of 
 offenders by imprisonment in the county or city jail in all cases where such offen¬ 
 ders shall fail or refuse to pay the fines and forfeitures which may be recovered 
 against them. 
 
 Sec. 4. The city council shall cause to be published annually, a full and 
 complete statement of all moneys received and expended by the corporation dur¬ 
 ing the preceding year, and on what account received and expended. 
 
 Sec. 5. Appeals shall be allowed from decisions in all cases arising under the 
 provisions of this act or any ordinance passed in pursuance thereof, t© the Circuit 
 Court of Cass county, and every such appeal shall be taken and granted in the same 
 manner and with like effect as appeals are taken from and granted by justices of 
 the peace to the Circuit Court, under the law of this State. 
 
 Sec. 6. Whenever the Maj r or shall absent himself from the city, or shall re¬ 
 sign, or die, or his office shall be otherwise vacated, the Board of Aldermen shall 
 immediately proceed to elett one of their number president, who shall be Mayor 
 
 PRO. T£M. 
 
 Sec. 7. Tliis act is hereby declared to be a public act, and may be read in evi¬ 
 dence in all courts of law and equity, in this State, without proof. 
 
 Sec. 8. All acts or parts of acts coming within the provisions of this charter, 
 or contrary to f ©r inconsistent with its provisions, are hereby repealed. 
 
INDEX TO CHARTED, 
 
 - ART. I. 
 
 Sec, 1 , Organization, powers equal to Charter of Springfield and Quincy 
 u 2.—Boundaries of City. 
 
 <e 3.—Additions. 
 
 11 4.—Powers—May hold real and personal property. 
 
 ART. II. 
 
 Sec, 1.—City Council. 
 
 f< 2,—Board of Aldermen, two from each ward. 
 
 “ 3.—Qualifications of Aldermen. 
 
 ec 4.—When office of Aldermen to be made vacant. 
 
 “ 5.—Division of Aldermen by lot. 
 
 %c 6 .—Elections, returns of, and contested. 
 t( 7.—Quorum, 
 
 “ 8 .—Rules of proceeding. Expulsion of members. 
 
 { * 9.—Journal of city council to be published. 
 
 “ 10.—Alderman can hold no office in city*, created while in office. 
 
 “ 11.—Vacancies, how filled. 
 
 <e 12.—Major and Aldermen to take oath. 
 
 “ 13.—Mayor to determine election in case of tie. 
 t( 14. Twelve stated meetings, yearly. 
 
 ART. III. 
 
 Sec. 1.—Executive Officers. Term of Office, 
 
 (( 2—Qualifications for Mayor. 
 
 h 3 —When Office of Mayor to be vacated. 
 
 tc 4—In case of tie for Mayor, council to decide by lot, 
 
 <( 5—Contested election of Mayor. 
 
 11 6 —Vacancy in office of Mayor, how filled. 
 
 ART. IV. 
 
 Sec. 1— Time of holding Elections—No. of Aldermen to each Ward. 
 
 (k 2—Resident inhabitants may vote for city officers. Proviso. Votes in 
 different Wards. 
 
 ART. V. 
 
 Sec. 1. — Assessment and collection of taxes. 
 
 “ 2—Officers of city. 
 
 u 3—To give bonds and security, and take oath. Com. Schools May bor¬ 
 row mouey. Proviso, 
 
14 
 
 a 
 
 a 
 
 {( 
 
 4—Expenses of city, how paid. 
 
 fc—Quarantine laws, to extend five canes. 
 
 6 _Establishment of hospitals. Health oi city, 
 
 Removal of nuisances. 
 
 8 —Water works, 
 a c—Alteration of Streets, 
 
 10—Bridges. 
 
 <t 21—Boundaries ofWard 9 . 
 a 12 —Lighting city. 
 
 « 13--Night watch. 
 
 « i4—Regulation of markets. 
 c is—City Buildings. 
 
 « 16—Improvement of Illinois River, 
 
 17—Wharves and docks, 
 
 “ 18—Rates of Dray age and porterage, „ ,, 
 
 a 19 —To license and regulate salaries of Porters. 
 
 « 20—License to Shows, ~ .. 
 
 a 21—May suppress disorderly houses, 
 
 22— Fire Companies, . , ^ w 
 
 23— Wooden Buildings, 
 
 « 24—Chimneys and Stovepipes, 
 
 “ 25—Gunpowder, 
 
 « 26—Parapet Walls and Fences, 
 
 ,< 27—Weights and measures, 
 
 .< 28—Inspection of lumber and measurement of work, 
 
 « 2 * 9 —Weight of hay and coal. 
 a 30—Inspection of tobacco, beef, pork, flour, &c, 
 
 « 31—Of Provisions, 
 
 « 32—Weight of bread, 
 
 « 33 —Size of brick, 
 
 »< 34— Census. 
 
 « 35—To regulate elections and remove officers. 
 
 « 36—Pay of oflics^ jurors & witnesses, 
 
 « 37—Police of city, 
 
 <c 38—To make all ordinances necessary, 
 
 “ 39—Style of ordinances, 
 
 a 40—Ordinances not to take effect until published, 
 u 4 i—Published ordinances to be read in eviuence, 
 
 « 42—Special tax—how levied, 
 a 43 -«-Public grounds to be improved. 
 a 44 —Auctions, groceries, pedlars taxed and licensed, 
 u 45 —To regulate ferries, restrain billiard tables and lotteries, 
 u 46—To open streets and alleys. 
 
 u 47 —Powers of Marshal, shall file bond and act as Constable, 
 i. 48—To provide for the recovery of judgments, 
 a 49 -—Nuisances what shall be—-removing the same, 
 
 *< 50 —Grading and paving streets, 
 
 ti 51—To purchase and hold real estate for burying ground, 
 
 “ 52—Taxes to be levied and collected according to the General laws of the 
 State. 
 
 (( 53 —To pay county tax—not to keep paupers. 
 
 ART. VI. 
 
 Sec. 1 —Mayor to have casting vote,Mayor pro (em, 
 
 “ 2 —Special meetings, how called, 
 
 tt 3 —Duties of Mayor, to give information of state, of finances. 
 
 4— To suppress riots, 
 
 “ 5 —Officers to exhibit books and papers, 
 
 5 — Mayor to execute acts required of him, 
 
 * 7—Mayor to be commissioned by Governor as justice peace, Powers of 
 Mayer, 
 
15 
 
 K 
 
 it 
 
 ft 
 
 8 —Exclusive jurisdiction of Major, and his lees, 
 
 9_Jurisdiction to enforce quarantine laws, 
 
 Ill--H« a may f indicted in Circuit court, Cass co. for violation of duty, 
 and fined, and may b& removed from office. 
 
 ART. VII. 
 
 « EC i._When private property is taken for public use, to be paid, 
 
 ** tt 2 ---Petitions to open or widen streets. 
 tt 3 —Jurors to assess damages, must be sworn. 
 a 4 —Rule for assessment ot damages. 
 a 5—Decision of jury may he set aside. 
 tt 6 —Special tax to grade streets and light the same. 
 
 ART. VIII. 
 
 Sec 1 —Inhabitants shall not work county roads or pay county taxes. 
 .<* 2— City streets to be worked by male inhabitants. 
 a 3 _Fine for refusal to labor, 
 
 « 4—Punishment of offenders. ... . . 
 
 « 5... Annual statement of receipts and expenditures to be published,,. 
 a 6 —Appeals allow'ed to circuit courts, 
 
 « 7—Election of Mayor pro tem. 
 tt 8 —Act declared public, 
 u 9—Acts repealed. 
 
 ERRATTA. 
 
 ICr^In Article 5 th Section second, the word ‘Marshal,’ should be omitted. 
 
 Also, in Section third, it should read as follows:—“The city council shall have 
 power to require of all officers appointea in pursuance of this charter, bonds with 
 penalty and security for the faithful performance of their respective duties, as may 
 be deemed expedient, and also to require all officers appointed as aforesaid, to take 
 an oath for the faithful performance of the duties of their respective offices before 
 entering upon the discharge of the same. To establish, support, and regulate goeo- 
 mon schools, to borrow money on the credit of the city; Provided, That no sum 
 or sums of money shall be borrowed at a greater interest than at six per cent, per 
 annum, nor shall the interest on the aggregate of all the sums borrowed and out¬ 
 standing ever exceed one half of the city revenue arising from taxes, assessed on 
 real property within the limits of the corporation.” 
 
 I 
 
 1 
 

 
 
 
 
 
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17 
 
 CITY ORDINANCE-NO I. 
 
 Be it ordained by the City Council of the city of Beards- 
 town, that all ordinances and resolutions heretofore passed 
 by the President and Trustees of the town of Beardstown, 
 shall remain in force until the same shall have been repeal¬ 
 ed by the City Council,-—and be it further ordained, That 
 all actions, fines, penalties and forfeitures which have accru¬ 
 ed to the President and Trustees of the town of Beards¬ 
 town, shall be vested in, and prosecuted by the City Coun¬ 
 cil. 
 
 This ordinance to be in force from and after publication. 
 
 Approved, April 5, 1850. 
 
 J- A. ARENZ, Mayor. 
 
 S. Emmons , Clerk. 
 
 ORDINANCE,-NO. II. 
 
 TO REGULATE THE POLICE OF THE CITY OF BEARDS- 
 TOWN AND FOR OTHER PURPOSES. 
 
 Sec. 1.—Gaming houses prohibited—penalty, 
 
 Sec. 2,—Persons prohibited from permitting other persons to come together to play 
 for money, &c.—penalty. 
 
 Sec. 3. Hallowing, shouting, &c., prohibited in any house, and penalty for permit¬ 
 ting the same. 
 
 Sec. 4. Persons hallowing, shouting, &c. punished. 
 
 Sec. 5. Discharge of fire arms, &c. prohibited; penalty. 
 
 Sec. 6. Making and kindling of fires prohibited—penalty. 
 
 Sec. 7. Indecent exhibitions and immoderate riding and driving, prohibited—pen¬ 
 alty. 
 
 Sec. 8. Horses or vehicles of any kind not permitted upon the sidewalks—penalty. 
 
 Sec. 9. Waggons,carriages, &c. not to be placed so as to obstruct streets or alleys 
 penalty. 
 
 Sec. 10. Horses or other animals not to be left unhitched in the streets—penalty. 
 
 Sec. 11. Injuries to any public property prohibited—penalty. 
 
 Sec. 12. Horses or other animals not to be fastened to shade trees, &c. penalty. 
 
 Section 1 —Be it ordained by flhe City Council of the city of Beardstown, That 
 no person shall by himself, herself, servant or agent, for his or her gain or 
 profit, keep, have, exercise or maintain a common gaming house, table, room or 
 place whatsoever, within the limits of said city; and every person so offending shall 
 forfeit and pay for the use of said city, the sum of fifty dollars for each and every 
 offence. 
 
 Sec. 2. Be it further ordained, That no person, in any house or place occupied 
 by him or her, within the limits of said city, shall procure or permit any persons 
 
is 
 
 to frequent or come together, at any time, to play for money or other valuable 
 thing at any game; and every person so offending shall forfeit and pay, for the use 
 of the said city, the sum of twenty-five dollars for each and every offence. 
 
 Sec. 3. Be it further ordained, That no person shall suffer hallowing, shout¬ 
 ing, bawling, screaming, profane or obscene language, fighting, whooping, or quar¬ 
 reling, or any other unusual noises or sounds, in his or her house in such man¬ 
 ner as to disturb the neighborhood, or those passing through the streets; and every 
 person so offending shall forfeit and pay, for the use of said city, not less than 
 two dollars,nor more than five dollars for the first offence, and for every subse¬ 
 quent offence, not less than five dollars, nor more than ten dollars; and if the person, 
 so offending, be the keeper of a house licensed by said city, such person shall,upon 
 a third conviction, incur a forfeiture of his license. 
 
 Sec. 4. Be it further ordained, That no person shall halloo,shout, bawl, scream, 
 use profane or obscene language, whoop, quarrel, or make any unusual noise or 
 sound, in any house, or in any part of said city, in such manner as to disturb the 
 good people of the neighborhood, or those passing through the streets ; and every 
 person so offending shall forfeit and pay, for the use of said city, not less than 
 two dollars, nor more than five dollars for the first offence, and for every subse¬ 
 quent offence, not less than five dollars, nor more than ten dollars. 
 
 Sec. 5. Be it further ordained, That no person shall, within the limits of said 
 city, fire or discharge any cannon, musket, rifle, fowling-piece, or other fire arms, 
 or air gun, except in cases of necessity, or in the performance of a public or 
 lawful act of duty, or discharge or set off any cracker, rocket, torpedo, squib, or 
 other fire works A within the limits of said city, without permission first obtained 
 from the Mayor, or one of the Aldermen, or Marshal of said city ; and every per¬ 
 son so offending shall forfeit and pay, for the use of said city, not less than ona 
 dollar, nor more than three dollars, for every such offence. 
 
 Sec. 6. Be it further ordained, That no person shall in any of the streets, or 
 alleys of said city, or upon the public square therein, make or kindle any fire, with¬ 
 out first having obtained permission as provided in the preceedingsection; and every 
 person so offending shall forfeit and pay, for the use of said city, not less than 
 one dollar, nor more than ten dollars for every such offence. 
 
 Sec. 7. Be it further ordained, That no person shall make or cause to be made, 
 within the limits of said city, any indecent exhibition of himself, or of any horse 
 or other animal; or shall, within said limits, immoderately ride or drive, or 
 cause to be rode or driven, any horse or other animal; and every person so offend¬ 
 ing shall forfeit and pay, for the use of said city, not less than five dollars, nor more 
 than ten dollars, for every such offence. 
 
 Sec. 8. Be it further ordained, That no person shall be permitted to place any 
 horse or other beast of burthen, or vehicle of any kind, upon any side walk in said 
 city; or to ride or drive thereon; or to propel, haul or carry thereon, any wheel-bar¬ 
 row, hand-cart, or other article used for carrying any heavy burthen ; and any per¬ 
 ron so offending shall forfeit and pay, for the use of said city, the sum of five dol¬ 
 lars for every such offence. 
 
 Sec. 9. Be it further ordained, That all drays, carts, waggons, or carriages 
 of any description, laden or unladen, unemployed or when making temporary 
 stoppages in the streets, shall be placed by the driver thereof on either side of the 
 street lengthways close tc the curb-stones or curb-timbers, or in such a position 
 that the centre of the street may be kept open and free for all vehicles going to 
 and fro ; but no such vehicle shall be placed in any street or near the intersection 
 of any street or alley, in such manner as to cross the footway, or prevent a 
 free passage in such footway, street or alley ; and every person neglecting to place 
 said vehicle as.herein directed shall forfeit and pay, for the use of said city, not 
 less than one dollar, nor more than three dollars for every such offence. 
 
 Sec. 10. Be it further ordained, That no person shall leave a horse or hor¬ 
 ses, mule or mules, either attached to a vehicle or not, standing in the streets with¬ 
 out hitching them to §pme post or other thing used for this purpose, or if attached 
 to any vehicle, without first unhitching the traces and fastening the reins securely 
 either to a post or to the waggon, carriage or vehicle, so as to prevent their running 
 awayand hazarding the lives,and limbs or property of the citizens; and every person 
 so offending shall forfeit and pay, for the use of said city, not less than one dollar, 
 nor more than five dollars, for every such offence. 
 
19 
 
 Sec. 11. Be it further ordained. That no person shall walk or run upon the 
 capping of the fence around the public square, or in any wise injure or deface said 
 fence, or any tree or trees standing and growing upon the Public Square or side¬ 
 walk, or injure or deface any other property belonging to said city ; and every per¬ 
 son so offending shall forfeit and pay, for the use of said city, not less than one dol¬ 
 lar, nor more than one hundred dollars, for every such offence. 
 
 Sec. 12. Be it further ordained, That no person shall hitch or fasten any 
 horse, or other animal to any shade tree growing along any side walks, or to the 
 boxing placed around such tree, or to. the fence of the public square; and every 
 person so offending shall forfeit and pay, for the use of said city, not less than one, 
 dollar, nor more than five dollars. 
 
 This Ordinance to be in force ^from and after publication, 
 
 Apporoved April 5, 1850. 
 
 J. A. ARENZ, Mayob, 
 
 S, Emmons, Clerk: 
 
 CITY ORDINANCE—No. 3. 
 
 IN RELATION TO WARDS, ELECTIONS, CITY OFFICERS 
 REVENUE, NUISANCES, AND STREETS AND ALLEYS . 5 
 
 ART. 1.—WARDS. 
 
 Sec. 1. Be it ordained by the City Council of the City of Beardstown, That 
 the City of Beardstown be divided into three Wards, as follows— 
 
 The First Ward shall consist of so much of the City as lies North and East 
 of Jefferson Street. 
 
 The Second Ward shall consist of so much of the Cityas lies between Jeffer¬ 
 son and Lafayette Streets. 
 
 The Third Ward shall consist of so much of the City as lies South and West 
 of Jefferson Streets. 
 
 ART. 2d.—ELECTIONS. 
 
 Sec. 1. Be it ordained by the City Council of the city of Beardstown, That 
 there shall be appointed by said City Council, before every election of said City, 
 three Judges of Election for each Ward,who shall be legal voters therein, to preside 
 at such election in their respective Wards and shall be authorized to appoint two 
 Clerks of Election, who shall also be legal voters of such Ward; and the Clerk of 
 the City Council shall give notice of the time and place of holding such election, 
 which notice shall be published in the city newspaper at least 20 days previous to 
 such election, or shall be posted up by the city Marshall at least 10 days before such 
 election, at 3 public places in each Ward. 
 
 Sec. 2. All voting at the Ward Elections shall be by ballot. 
 
 Sec. 3, The Judges of Election shall make out and transmit sealed returns of 
 Election in each Ward, to the City Clerk,by 12 o’clock, M. on the day succeeding 
 the day of election. 
 
 Sec. 4. Should any of the Judges of Election refuse or neglect to act at the time 
 of opening the polls, their places may be supplied in the manner provided in the 
 general election law of the State of Illinois, in such a contingency. 
 
 Sec. 5. All City elections shall be conducted, except so far as is otherwise pro¬ 
 vided by ordinance, according to the provisions of the general election law of the 
 State of Illinois. 
 
 Sec. 6. The Judges and Clerks of election shall be entitled to the compensation 
 o.f one dollar per day. • 
 
 ART. 3d.—CITY OFFICERS. 
 
 Sec. 1. There shall be appointed annually, by the city Council, and as often ac 
 a vacancy may occur, the following city officers, to wit;— A Clerk, a Treasurer, 
 
a Supervisor, a city Weigher and a Sexton,—and each of said officers shall he re¬ 
 movable at the pleasure of the city Council. 
 
 Sec. 2. It shall be the duty of the clerk to attend all meetings of the city 
 Council, and keep a fair journal of their proceedings, and of all ordinances which 
 they may make; he shall carefully preserve all books, records and papers which 
 may come to his possession, belonging to the city, and do and perform all other du¬ 
 ties that may be required of him. 
 
 Sec. 3. It shall be the duty of the Treasurer to keep a full record of all the fi¬ 
 nancial transactions of the City ; to receive all moneys belonging to the city, and 
 be responsible for the same; to keep a regular and fair account of all monies re¬ 
 ceived and disbursed by him, shewing the date of the receipt and disbursement there¬ 
 of, of whom received, to whom paid, and on what account. To keep and preserve 
 all books, bonds, and vouchers, papers and accounts belonging to the city which may 
 come to his possession, subject at all times to the examination of any member of the 
 city Council or other person interested. He shall at the end of every six months, 
 andoftener if required, exhibit to the city Council an account of monies received and 
 disbursed: he shall pay orders according to their priority of dates, and shall not pay 
 out any money except upon the production to him of the order of the Mayor, 
 attested by the clerk : and at the end of each fiscal year he shall furnish a full and 
 complete statement of all monies received and paid out during the year. 
 
 Sec. 4. The City Marshall is authorized and required to execute all writs and 
 process which may be issued by the Mayor, and to arrest on view all persons 
 who may violate the ordinances of the city, and to collect all fines, forfeitures and 
 penalties which may be assessed or recovered for the use of the City and shall be 
 allowed such fees as are allowed to constables in similar cases. 
 
 Sec. 5. It shall be the duty of the City Weigher to have the custody of 
 the weighing scales and apparatus belonging to the city, and keep the same in re¬ 
 pair: to cause all ordinances,relative thereto and the inspection and weighing of hay 
 and coal to be strictly observed, and to do and perform such other duties as shall 
 be required by ordinance ; he shall at all times give a written or printed certifi¬ 
 cate of the thing weighed,containing the description, the weight,date and the name 
 of the applicant and is authorized, to demand and receive from the applicant fifteen 
 cents for weighing each carriage and load, or for weighing the carriage alone. 
 
 Sec. 6. The Supervisor shall superintend the opening and keeping in repair the 
 streets and alleys within the limits of the city; he shall cause to be removed or 
 abated all nuisances which may at any time be found within the limits of the city, and 
 cause all obstructions in the streets and alleys to he removed,and to do and perform 
 all such other duties as may he required of him by ordinance. 
 
 Sec. 7. It shall he the duty of the Sexton to dig without delay all graves in 
 the burying ground, on application; to attend to every interment and to fill up the 
 graves immediately after depositing the coffin ; to keep the fences and grounds in 
 order and register the names and ages of all persons interred therein and the place 
 of their interment, and make a return thereof to the city Council every six months 
 or oftener if required. The Sexton shall be allowed for each citizen under ten 
 years of age, one dollar; and for each over ten years of age, one dollar and fifty 
 cents, to be paid by the person making application, and when the ground is frozen 
 a reasonable compensation for additional labor; and for each person who is not a cit¬ 
 izen the additional sum of three dollars for the use of the city to he paid to the Sex¬ 
 ton before the digging of the grave; and every person other than the Sexton, 
 who shall dig any grave in the burying ground or take up any body without per 
 mission of the Mayor, or destroy or injure any tree or shrubbery therein, shall for 
 each offence forfeit and pay the sum of ten dollars. 
 
 Sec. 8. The city Marshall and Treasurer shall each, before entering upon the 
 duties of his office, give bond in such penalty and with such security, as the city 
 Council shall direct—conditioned for tne faithful performance of the duties of hfs 
 office; and shall renew the same whenever required^by the city Council, and take and 
 subscribe before the Mayor on oath, for the faithful performance of the duties of his 
 office, which bonds and oaths shall be filed with the Clerk. 
 
 ART. 4.—REVENUE. 
 
 Sec. 1. All property real and personal shall be subject to taxation according 
 to the value thereof as ascertained by the assessment for State and County purpo- 
 
ses—and the city Council shall annually , previous to the 1st Monday* of September, 
 in each year, determine the rate of taxation. 
 
 Sec. 2. That inode of assessment and collection shall be adopted which is pro¬ 
 vided in the ninth Section of the Act of the Legislature, entitled <k An act to incor¬ 
 porate towns fc cities,” approved Feb. 10, 1849;—and the rate of taxation authoi- 
 ized by the city Council shall be certified by the Mayor and Clerk and liled in the 
 office of the Clerk of the Cass County Court, on or before the 1st Monday of Septem¬ 
 ber in each year. 
 
 Sec. 3. All monies received by any officer of the city, except for fees, shall be 
 by him paid over to the Treasurer, and he shall take duplicate r eceipts therefor, 
 and deliver one of said receipts to tire Clerk, who shall keep the same, and a brief 
 record thereof in a suitable book to be kept for that purpose. 
 
 Sec. 4. No order on the Treasury shall he attested by the Clerk, unless the 
 same shall be in accordance with the records of the city Council, as entered in the 
 journal of their proceedings; and the Clerk shall enter in said journal the time of at¬ 
 testing said orders respectively, and number the same in the order issued and de¬ 
 liver the Treasurer a statement thereof monthly, and on the receipt of any order 
 they are to be cancelled, but be kept by the Treasurer until destroyed in the pres¬ 
 ence of the city Council. 
 
 Sec. 5. The city officers, whose compensation is not herein provided for, shall 
 receive as compensation such sum as may be determined by the city Council. 
 
 ART. 5.—STREETS & ALLEYS, &c. 
 
 Sec. 1. For the purpose of keeping the streets and alleys in repairs, every 
 male inhabitant of said city, between the ages of twenty-one and fifty years, shall 
 be required to labor, three days, on the Streets and alleys in the Ward" in which 
 he shall reside on the 1st Monday of May, in each year, under the direction of the 
 Supervisor, or pay the sum of Seventy-five cents per day in lieu of such labor. 
 
 Sec. 2. No Supervisor shall hire persons to work, or contract lor any work to 
 be performed, to be paid out of the Treasury, except by order of the city Council. 
 
 Sec. 3. The Supervisor shall on the 1st Monday of May annually, or as scon 
 thereafter as may he, proceed to the opening and repairing such of the streets and 
 alleys as may require the same, and shall notify so many persons as he may deem ne¬ 
 cessary to perform the labor required, to attend at such time and place and with suck 
 implements as he may designate, which notice shall be three days pi evious to the day 
 on which the laborers are required to meet. 
 
 The Supervisor shall provide a book in which he shall set down the pier- 
 sons so notified, and the date of the notification, and if any person notified, shah 
 prefer paying the money at the rate of seventy-five cents per day, Die Supervisor shah 
 note such fact in his hook. The Supervisor shall from time to time, deliver 
 the Treasurer lists of the names of those who prefer paying money, and of those whs* 
 on being notified neglect or refuse to work to the city Council. 
 
 Sec. 4. The Treasurer shall deliver from time to time to the Marshall a list 
 of the persons electing to pay money, and neglecting or refusing to work, with the 
 amount of tax at the rate of Seventy-five cents per day, and the city Marshall shall 
 proceed to collect the same and pay it over to the Treasurer. If there shall he a 
 failure or neglect to pay, such person failing or neglecting shall be liable to an action 
 for the same, and the city Marshall shall proceed to collect the same by suit, as iu 
 other cases of forfeitures or fines. 
 
 Sec. 5 The Supervisor shall require every person performing street labor to work 
 with reasonable dilligence ten hours on -each day, or make up the deficiency of time 
 some other day named by the Supervisor; and if any person shall refuse to make 
 up such deficiency of time, he shall forfeit and pay the sum of Twenty-five cents for 
 every hour of time of such deficiency ; and if any person being at work on the 
 streets or alleys shall refuse to execute work in the manner directed by the Supervisor, 
 such person shall forfeit and pay the sum of one dollar and fifty cents. 
 
 Sec. 0. The Supervisor shall from time to time cause all basins and holes io, 
 which water accumulates, liable to become stagnant, to be filled up and channels so 
 made as to drain'the water from such places, and from private property at the ex¬ 
 pense of the owner. He shall also cause to be removed oil such things'found with- 
 
22 
 
 in the limits of the city, which according to the ordinances of the city are required 
 to be removed; and prosecute all persons who at anytime violate the laws of the 
 citv in relation to streets and alleys, nuisances, and the public square. 
 
 Sec. 7. The ordinances relating to the repairing and cleaning the streets and al¬ 
 leys and to their being obstructed by any person and in any manner, are extended 
 and made applicable to the public square—and the like penalties shall be imposed on 
 
 f iersons for throwing or depositing any thing on the square, which is prohibited 
 rom being thrown in the streets. 
 
 Sec. 8. The owners, their tenants or agents shall be permitted to make side¬ 
 walks in front of their lots, according to the grade to be established, which side¬ 
 walks shall be 10 feet 'vide on Main Street, from block Oge downwards, and from 
 block 16 upwards 8 feet wide, and also on all other streets 8 feet wide, and the ow¬ 
 ner or tenant shall be permitted, if it is required for the purpose of carrying on 
 his trade or profession, to use on a 10 feet side-walk3 feet and on a 8 feet side¬ 
 walk 2 feet thereof for his benefit,—provided, such number of feet so excepted f shall 
 be used either close to the house or lot, or on the street side of such side-walk, 
 one-half of the reasonable and fair costs of constructing side-walks as aforesaid, 
 either of good brick or plank, not less than one inch & a half tHick,'meeting the ap¬ 
 probation of the city Council, may be paid out of the city Treasury on applica¬ 
 tion. 
 
 Sec. 9. Any person who shall deposite in any of the streets or alleys of the 
 city any manure, or filth of any kind, taken from stables, barns or other places, 
 or permit the same to remain therein, shall forfeit ancf pay not less than one dollar, 
 nor more than five dollars for each and every offence. 
 
 Sec. 10. Any owner or occupier of a cellar, the door of which shall open upon 
 any street or alley, w r ho shall permit the door to remain open in the night time in 
 whole or part, shall forfeit and pay the sum of not less than three nor more than 
 ten dollars. 
 
 Sec. 11. Any person who shall remove or in any manner injure any post or mark 
 intended to designate the boundaries of the city, or of any street, alley or lot, or 
 shall destroy or injure any fruit, shade or ornamental tree within the limits of the 
 city shall forfeit and pay for each offence, the sum of five dollars. 
 
 Sec. 12. Any person or persons who shall deposite or cause to be deposited 
 in any of the streets or alleys or side-walks within the limits of the city any tim¬ 
 bers, wood, rails, posts, lumber or materials of any description whatever and suffer 
 She same or any .part thereof to remain for a longer period than three days after he 
 or they have been warned to remove it by the Supervisor, shall forfeit and pay the 
 sum of one dollar, and shall forfeit and pay the like sum of one dollar for ev¬ 
 ery twenty-four hours the same shall continue therein after the expiration of the 
 said term of three days. Provided, that persons engaged in building ormaking pave¬ 
 ments, may, upon permission of the Mayor or Supervisor, deposit the materials of 
 such building or pavement in any street or alley, for a reasonable time, but no per¬ 
 mission shall authorize any person to fill up any channel or gutter made for the 
 passage of water, or to occupy more than half the street. 
 
 Sec. 13. Any person who shall obstruct the side-walks in said city, or any part 
 ©f them, except as provided in the 12th Section, or obstruct any water-gutters, snail 
 for each offence, forfeit and pay a penalty of not less than one dollar nor more than 
 ten dollars. 
 
 Sec. 14. Any person who shall intentionally or negligently ride, drive or lead 
 any horse or mule, cow, ass, or cattle, or run any wheeled carriage, on or oyer 
 any side-walk in the city, or over or upon any unfinished pavement or side-walk, 
 ■while the work is in progress, shall forfeit and pay the smm of tw r o dollars for each 
 offence. 
 
 Sec. 15. Any person who shall dig or remove earth from any of the streets or 
 alleys or side-walks in the city, or shall throw or deposite any dirt, chips or other 
 thing thereon, so as to make them uneven, without permission from the Mayor or 
 Supervisor, shall forfeit and pay the sum of three dollars for each offence. 
 
 This Ordinance to be ih force from and after publication. 
 
 Approved, April 25,1850. 
 
 J. A. ARENZ, Mayor, 
 
 £. Emmons. Clerk. 
 
CITY ORDINANCE—NO. I\C 
 
 An Ordinance providing for the recovery and appropriation 
 of Fines and Forfeitures and enforcement of Penalties. 
 
 Sec. 1. 
 Sec. 2. 
 
 3. 
 
 4. 
 
 5. 
 
 6 . 
 
 7. 
 
 8 . 
 9 . 
 
 10 . 
 
 11 . 
 
 Fines, Sec. how recovered—written charge or statement to be filed—form 
 thereof—exception. 
 
 What such charge or statement may include—to be the basis of the suit; 
 summons to issue and form thereof—when to be returned. 
 
 Summons how served. 
 
 “ (< “ when defendant absconds or conceals himself, or a 
 
 non-resident. 
 
 When antd how a capias may be issued—form thereof—bail may be takers 
 and how—further proceedings. 
 
 Officer charged with process, unless otherwise directed by ordinance, to 
 proceed in same manner as constables—mayor, in issuing process, unless 
 otherwise directed, to proceed as other Justices of the Peace. 
 
 Execution returned “no property found,” a ca. sa. to issue, and how. 
 City officers may be witnesses in prosecutions. 
 
 Parents, guardians, &c. liable for fines, &c. 
 
 Fines, &c. to be collected and paid to the Treasurer—-to constitute part 
 of general fund of the city. 
 
 Fines, &,c. in what manner to be discharged. 
 
 SECTION 1. — Be it Ordained by the City Council of the City or 
 Beardstown, That in all actions of debt to be commenced within said City, by 
 or before the Mayor in his capacity of Justice of the Peace of said City, against 
 any person for the recovery of any fine or fines, forfeiture or forfeitures, penalty or 
 penalties, for the breach of any ordinance of said City, the person who shall insti¬ 
 tute or commence such action, or who shall cause the same to be instituted or com-, 
 menced, or the officer before whom such action is about to be commenced, 
 shall file or cause to be filed with such officer before whom such action is 
 about to be commenced, a written charge or statement against the defendant in the 
 action, which charge or statement shall be, as nearly as circumstances will admit, in 
 the following form to wit: 
 
 “ A. E. to the City of Beardstown, Dr. 
 
 To dollars, for breach of an Ordinance,” (here insert the title there¬ 
 of,) passed the day of A. D. 185 , in this to wit : 
 
 (here describe the particular breach in the language of the ordinance,) between the 
 day of A. D. 185 , and the day of A. D. 185 ,” which said 
 
 form may and shall be so varied, as to apply to the nature of the offence or 
 breach, or time, place, number of persons joined in the action, See. as oc¬ 
 casion and right and justice of the case may require, without regard to particu¬ 
 lar form or words.: Provided, that no objection to form or words shall be 
 allowed, if such written charge or statement shall substantially set out the nature of 
 the offence charged, so as to give notice to the defendant of the nature of the charge 
 which he is called on to answer. 
 
 Section. 2. —Be it further ordained, That such written charge or statement, 
 when filed with or by the officer,by or before whom such action is about to be com¬ 
 menced, may include cme or more persons, and several offences of a like nature, and 
 constitute the basis or groundwork of the action ; and the officer by or wfith whom 
 said written charge or statement is filed, shall forthwith commence an action of 
 debt, on said charge or statement, against the person therein named and charged. In 
 the name of the City of Beardstown, by issuing a summons, (or capias, as the cane 
 may be,) directed to the Marshal of the City of Beardstowm, or any Constable of 
 the county of Cass; which summons shall be in the following form, as nearly x* 
 circumstances will admit, to wit: 
 
24 
 
 STATE OF ILLINOIS,) The People of the State of Illinois, 
 
 Cass County, $ To the Marshal of the City of Beardstown, or any 
 Constable of Cass county,—Greeting : 
 
 You are hereby commanded to summon A. B. to appear before me, the under¬ 
 signed, Mayor and Justice of the Peace of said city, at my office on the day 
 
 of A. D. 185 , at o’clock, M. to answer the complaint ofthe 
 
 City of Beardstown, in a plea of debt for a failure to pay said city, a fine, 
 forfeiture, or penalty of dollars, for a breach of an Ordinance of said City, 
 entitled (here insert the title) passed the day of A. D. 185 
 
 in this, to wit: (here describe the particular breach in the language 
 
 of the Ordinance, as set forth in the written charge or statement,) and thereof make 
 due return as the law directs. Given under my hand and seal of said City of Beards¬ 
 town, this day of A. D. 185 
 
 [Seal.] C. D. Mayor and 
 
 Justice of the Peace of said City. 
 
 Which summons may be returnable on any day, (Sundays excepted) within fifteen 
 days and not within five days from its date ; but no trial shall be had thereon, unless 
 it shall have been served three days at least before the day set for trial. 
 
 Sect. 3.—Be it further ordained, That every summons for breach of any ordi¬ 
 nance, issued by the Mayor, shall be served by reading the same in the hearing of 
 the defendant or defendants, if he or they will remain to hear it read ; but if he or 
 they refuse to hear such summons read, or absent him or themselves alter said sum¬ 
 mons has been produced to be read, and the contents or objects thereof mentioned to 
 him or them, such other on the part of the officer in such cases, shall be deemed and 
 taken to be sufficient services of such summons, which facts shall be specially stated 
 by the officer in his return on said summons. 
 
 Sect. 4.—Be it further ordained, That when any defendant shall absent or 
 conceal himself, or shall be absent, or a non-resident in said city, the summons 
 aforesaid against such person may he served by leaving a copy thereof at his residence 
 or usual place of abode, with any white person of the family in which he resides, 
 over the age of fifteen years, at least three days before the day set for trial in such 
 summons ; hut if such person have no house, family, or known place of abode in 
 said city, whereat service of a copy can be made as aforesaid, it shall be lawful for 
 the officer charged with the summons, to stick up a copy of such summons on the 
 front of the Court House in said city, which shall be deemed and taken to be suffi¬ 
 cient service of any summons within the meaning of this Ordinance. 
 
 Sect. 5.—Be it further ordained, That if any credible person, as agent of said 
 city, shall make oath that there is danger that the debt or claim of said city will be 
 lost, unless the said defendant he held to bail, and shall also state, under oath, the 
 cause of such danger, ,so as to satisfy the Mayor that there is reason to apprehend 
 such loss, and shall file the written charge or statement required by the first section 
 of this ordinance, it shall be the duty ofthe Mayor to issue a capias to apprehend 
 such offender, which shall be, as nearly as circumstances will admit, in the follow¬ 
 ing form to wit: 
 
 STATE OF ILLINOIS, ) ^ The People of the State of Illinois, 
 
 Cass County, $ s ^‘ To the Marshal of the City of Beardstown, or any 
 Constable of Cass county,—Greeting: 
 
 You are hereby commanded to take the body of A. B. and bring him forthwith 
 before me, the undersigned, Mayor and Justice of the Peace of said City, unless 
 special bail be entered; and if such bail be entered, you will then command him to 
 appear before me, at my office on the day of A. D. 186 , at 
 
 o’clock, M. to answer the complaint of the city of Beardstown, in a plea of debt, 
 for a failure to pay to said city, a tine, forfeiture or penalty of dollars, for a 
 breach of an ordinance of said City, entitled (here insert the title thereof) passed 
 the day of A. D. 185 , in this, to wit: (here describe the particu¬ 
 
 lar breach in the language of the ordinance, and as set forth in the written charge or 
 statement,) and make due return thereof as the law directs. Given under my hand 
 and seal of the said city of Beardstown, this day of A. D. 185 
 
 C. D. Mayor and 
 
 [Seal] Justice of the Peace of said city. 
 
55 
 
 And in all cases the defendant shall have the right to release his body arrested 
 by virtue of such process by giving special bail to the officer executing the same, 
 which shall be endorsed on the back of the capias, in the following form, as nearly 
 as the case will admit, to wit : “I, E. F. acknowledge myself special bail for the 
 
 within named A. B. Witness, my hand this day of A. D. 185 , 
 
 which endorsement shall be signed by one or more sureties to be approved by the 
 officer executing the writ, and the same liabilities shall attach to, and the same pro¬ 
 ceedings be had against such bail as in similar cases before Justices of the Peace 
 Under the laws of this State. 
 
 Sect. 6.—Be it further ordained, That the officer who shall execute any writ 
 or other process issued by the Mayor, shall, unless otherwise directed by this or 
 some other ordinance of said City, proceed in the execution of his duty in the 
 same manner as Constables are required to proceed under the laws of this State,and 
 the Mayor in issuing process and on the return thereof, shall, unless otherwise di¬ 
 rected by this or some other ordinance of said City, be governed by the laws of 
 this State appertaining to like proceedings before other Justices of the Peace. 
 
 Sect. 7.—Be it further ordained, That whenever any execution, in which said 
 City is plaintiff, shall be returned by the officer charged with the service of the 
 same “No property found,” the Mayor shall, upon oath being made, as in similar 
 cases before other Justices of the Peace, by any other officer of said City than the 
 officer charged as aforesaid, or by any citizen, issue a ca. sa. or garnishee process 
 under the provision of the laws of this State, and every such officer, for such pur¬ 
 pose as w r ell as in cases of capiases, shall be deemed and taken to be the agent of 
 said City. 
 
 Sect. 8.—Be it further ordained, That in all prosecutions in behalf of the 
 said City, any officer thereof is hereby made a competent witness, notwithstanding 
 such officer may be entitled to a portion of the fine, forfeiture or penalty sued for, 
 or to a fee from the same. 
 
 Sect. 9.—Be it further ordained, That parents, guardians, masters and mis¬ 
 tresses respectively, shall be bound for the payment of any fine, forfeiture or pen¬ 
 alty- assessed against any minor under their respective care or charge, under the 
 provisions of any ordinance of said City, and execution shall issue thereon as in oth¬ 
 er cases. 
 
 Sect 10.—Be it further ordained, That all fines, forfeitures and penalties for 
 breaches of any ordinance of said city shall, as soon as collected or immediately 
 after the next stated meeting of the City Council, be paid to the Treasurer, and the 
 officer paying over the same shall take the Treasurer’s receipt therefor; and all such 
 sums shall be considered as a part of the general funds of the City, unless other¬ 
 wise ordered by resolution, or ordinance of the City Council. 
 
 Sect. 11.—Be it further ordained, That all fines, forfeitures and penalties for 
 breaches of any ordinance of said city may be discharged either in money or labor 
 on the public Streets, at the rate of one dollar per day ; and in case neither pay¬ 
 ment nor labor can be obtained, as aforesaid, then such defendant shall go to jail 
 at the rate of two dollars for every 24 hours, until such fine, forfeiture or penalty 
 and costs be discharged. 
 
 Approved June 4, 1850. 
 
 J, A. ARENZ, Mayor, 
 
 •S. Emmons, Clerk. 
 
 City ®rdi^ancc-3(0. V- 
 AN ORDINANCE RELATING TO LICENCE. 
 
 Sxct. 1.—Be it ordained by the City Council of the City of Beardstown, 
 That no person shall setup any public show, exhibition or entertainment withinthe 
 limits of said city without a license therefor from the City Council, and 
 everv person so offending shall forfeit and pav, for the use of said eitv, a sura not 
 
 4 
 
26 
 
 exceeding one hundred dollar^. 
 
 Sect. 2. —Be it further ordained, That no person shall keep any grocery, er 
 hawk or peddle any goods, or sell any goods at auction, within the limits of said 
 city, without a license therefor from the city Council ; and every person so offend¬ 
 ing shall forfeit and pay, for the use of said city, a sum not exceeding one hundred 
 dollars. 
 
 Sect. 3.—Be it further ordained, That the city Council, at any meeting thereof, 
 may grant a lieense, to be signed by the Mayor and Clerk, for any of the foregoing 
 purposes, on application therefor, which application shall specify the business of 
 which a license is desired,andjthe place where said business is to be carried on; and 
 the applicant shall pay for such license such a sum as the city Council may deter¬ 
 mine. 
 
 Sect. 4.—Be it further ordainad, That the Mayor of said city, when said 
 Council is not in session, is hereby authorized, on payment to him of not less than 
 five dollars for the use of said city, to grant a license to any person, for any of 
 said purposes excepting grocery licences, until the next meeting of said cityCouncil; 
 and said sum shall be taken and considered as part payment of the sum to be de¬ 
 termined upon by the city Council on granting license. 
 
 Approved June 4th, 1850. 
 
 J. A. ARENZ, MAYOR. 
 
 S. Emmons, Clerk. 
 
 CITY ORDINANCE—NO. VI. 
 
 IN RELATIONTO THE MARKING OF HOGS AND PIGS. 
 
 Sect. 1. — Be it ordained by the City Council of the City of Beards- 
 town, That every hog or pig, running at large in any street, alley or uninclosed 
 place of said city, shall be marked by the owner thereof, in such manner, as to be 
 plainly visible; and every person failing or neglecting to mark his hogs or pigs, shall 
 forfeit and pay for the use of said city, for every hog or pig, the sum of one dol¬ 
 lar for every 24 hours such hog or pig shall run at large without being marked. 
 
 Sect. 2.—Be it further ordained, That every owner of hogs or pigs, is here¬ 
 by required to adopt some suitable and permanent mark, for the purpose aforesaid, 
 and have such mark recorded by the Clerk of the city Council, paying him Twen¬ 
 ty-five cents for such record. 
 
 Sect. 3.—Be it further ordained, That the city Marshal is hereby required to 
 take up and confine in a secure pen, or other place provided by him for that pur¬ 
 pose, every hog or pig found running at large without being marked, and the own¬ 
 er thereof being unknown to him, and retain the same at least 24 hours, and if not 
 redeemed within that time, the city Marshal within the next 24 hours shall after one 
 day’s notice, by posting up two notices of the time and place of sale, sell the same 
 at public auction to the highest and best bidder, for cash, between the hours of 10 
 and 11 o’clock, in the forenoon; and the said Marshal may employ at his expense, 
 all necessary aid, and any person who shall prevent or attempt to prevent said Mar¬ 
 shal, or those employed by him, from performing any of the duties required by this, 
 or any other ordinance, shall forfeit and pay, for the use of said city, not less than 
 $5 nor more than $25 for such offence. 
 
 Sect. 4.—Be it further ordained, That if the owner of any such hog or pig 
 shall, within 24 hours after the same is taken up, and before selling, pay to the city 
 Marshal the penalty herein provided, and the fee for taking and keeping the same, 
 such hog or pig shall be restored to the owner, and if not redeemed, sold as pro¬ 
 vided in the foregoing section. 
 
 Sect. 5.—Be it further ordained, That the money received on the sale of any 
 such hog or pig, after deducting the penalty and 50 cents for taking up and keeping, 
 and 25 cents for selling, shall be paid to the owner thereof on application to the 
 city Marshal within three months after such sale ; but if no application is made, the 
 balance over and above the Marshal’s compensation, shall be paid into the Treasury 
 for the use of the city. 
 
 Sect. 6.—Be it further ordained, That the city Marshal in addition to the fore¬ 
 going fees, is hereby authorized to retain, as fees, one half of all money by him re- 
 
27 
 
 eeived as penalties under this ordinance, and required to pay the balance into the 
 Treasury. 
 
 Sect. 7.—Be it further ordained, That if no person shall appear and bid at 
 any sale provided for in this ordinance, it shall be lawful for the city Marshal to 
 appropriate any such hog or pig, to his own use; and such appropriation shall be 
 deemed and taken to be a full discharge of all fees and charges accruing to him. 
 
 This ordinance to be in force thirty days after publication. 
 
 Approved June 4th, 1850. 
 
 J. A. ARENZ, MAYOR. 
 
 S. Emmons, Clerk. 
 
 CITY ORDINANCE*—NO. VII* 
 
 An ordinance supplementary to ordinance No. 2, to regulate the 
 Police of the City of Beardstown, &c., approved April 5, 1850, 
 
 Sect. 1. To prohibit disorderly houses—penalty. 
 
 “ 2. Disturbing the peace, &c.,—punishment. 
 
 <■» 3. Assault, &c.—penalty. 
 
 Sect.l. Be it ordained by theCouncil of the City of Beardstown, That no person 
 shall keep or maintain a house or any apartment thereof, for prostitution within 
 the limits of the city ; and any person or persons so offending, shall forfeit and pay 
 a sum not exceeding one hundred dollars, nor less than five dollars, and in default 
 of payment of said fine and costs, such person or persons shall be committed to jail 
 for a term not exceeding thirty days. 
 
 Sec. 2. Be it further ordained,That no person shall disturb the peace of the city,by 
 crying fire without cause; nor by threatening or challenging to fight, quarrelling or 
 threatening to injure the person or property of another} nor shall cast missiles at 
 the person or property of another injuring or tending to injure the same, nor by 
 casting missiles upon the streets, and every person so offending shall forfeit and pay 
 to the city a fine not exceeding one hundred dollars nor less than one dollar. 
 
 3. Be it further ordained, That any person who shall be guilty of an assault, as¬ 
 sault and battery, or an affray, shall forfeit and pay a sum not exceeding one hun¬ 
 dred dollars nor less than three dollars. 
 
 This ordinance to be in force after publication. 
 
 Approved July 2, 1850, J. A. ARENZ, MAYOR. 
 
 S. Emmons, Clerk. 
 
 CITY ORDINANCE—NO. VIII. 
 
 An ordinance supplementary to ordinance No. 5, relating to license 
 approved June 1, 1850. 
 
 Sect. 1. Be it ordained by the City Council of the city of Beardstown, That 
 any person who shall not have first taken out a city license, who shall barter, sell 
 or exchange in said city any brandy, wine, rum, whiskey, gin, or any vinous, spirit¬ 
 uous or malt liquors to any person or persons by a less quantity than one quart 
 shall for every offence forfeit and pay the city, the sum of ten dollars. 
 
 Sec. 2. Any person or persons who having taken out a license to keep a gro¬ 
 cery, shall permit gambling therein, or in any house or room belonging thereto, or 
 shall keep a disorderly house, shall forfeit and pay the sum of ten dollars for the first 
 offence, for the second twenty dollars, and upon judgment, for the third offence thir¬ 
 ty dollars, and shall forfeit his or their license. 
 
 Sec, 3. Any person or persons who having taken out a license to keep a gro¬ 
 cery shall sell liquor upon the Sabbath day and permit it to be drunk in his or their 
 
28 
 
 grocery shall forfeit and pay the sum of ten dollars and shall also forfeit his or their 
 license upon the third otfencc 
 
 Sec. 4. Any person or persons who having a license to keep a grocery shall 
 permit obscene or profane conversation, quarreling or fighting in his or their gro¬ 
 cery, so as to annoy persons on the streets or sidewalks or so as to disturb the 
 peace or quiet of the neighborhood, shall forfeit and pay the sum of five dollars for 
 every offence ; and every person engaged in making such noise or disturbance, 
 shall forfeit and pay a sum not exceeding fifty dollars nor less than three dollars. 
 
 This ordinance to be in force after publication. 
 
 Approved, July 2, 1850. J. A. ARENZ, Mayor. 
 
 S. Emmons, Clerk. 
 
 CITY ORDINANCE—NO. IX. 
 
 Miscellaneous Provisions- 
 
 Sect. ]. Be it ordained by the City Council of the city of Beardstown, That 
 the Ma rs hall shall arrest any person whom he may find drunk in the streets of the 
 city in an y way disturbiug the peace or quiet of the same upon view, and shall 
 commit him to jail until sober,at which time,or as soon as may be, he shall be taken 
 before the Mayor and forfeit and pay a sum not exceeding fifty dollars nor less 
 than one dollar, with the addition of the jailor’s fees. 
 
 Sec. 2. Be it further ordained, That in all cases where a person is arrested upon 
 view of the offence and brought before the Mayor, no warrant nor actiou of debt, 
 shall be necessary, but the offender may be brought to trial forthwith, unlesss a 
 continuance for cause is granted, in which event the accused shall give bail for his 
 appearance, or be committed— Provided, that in such cases of trial without war¬ 
 rant or action of debt, there shall be made before trial, if demanded by the accused, 
 a specification in writing of the offence charged. 
 
 Sec. 3. Be it further ordained, That in all cases of assault—assault and battery, 
 and affrays, in which the offender shall not be arrested on view of the Marshal— 
 the mode of proceeding shall be by complaint on oath and warrant,as in cases before 
 justices, under the criminal code ofthe'State of Illinois. 
 
 4. Be if further ordained. That in all cases of violation af the ordinances not 
 provided for by Section 2 and 3 of this ordinance, the penalty, fine, or forfeiture, 
 shall be enforced and collected by action of debt, in manner and form as provided 
 in ordinarce No. 4. 
 
 Sec. 5. Be it further ordained, That whenever in any ordinance any subject 
 matter, party or person, is described or referred to in the singular numbers and any 
 two or more such subject matters, parties or persons are equally within the reason 
 or object of the ordinance, the language shall be so construed as to embrace them; 
 and, if, in like manner, words are used imparting the plural numbers, they shall be 
 held applicable, under like circumstances to any single matter, party or person re¬ 
 ferred to ; and if the terms of the ordinance refer to males only, they shall be un¬ 
 derstood in similar cases, to include females also; Provided, That these rules of 
 construction shall not prevail, if there be any special provision in such ordinance, 
 or any thing in the context or the subject matter theieof, plainly repugnant to 
 such an interpretation. 
 
 Sec. 6. Be it further ordained, That a trial by jury, if demanded by the accused 
 shall in ail cases be allowed, in which event the amount of the penalty, fine or for¬ 
 feiture, under the ordinance violated, shall be fixed by the jury. In all cases where 
 a juryis waived, or the accused shall confess the truth of the violation ot the ordi¬ 
 nance charged, the amount of the penalty, fine or forfeiture, shall be determined by 
 the Mayor, 
 
 This ordinance to be in force after publication. 
 
 Approved July, 2,1850. J. A. ARENZ, Mayor, 
 
 S, Emmons, Clerk, 
 
*9 
 
 CITY ORDINANCE—[A.] 
 
 An Ordinance to prevent the spread of Contagious Disea¬ 
 ses. 
 
 Sec. 1 . Be it ordained by the City Council of the City of Beardstown, That 
 the house situated below Beardstown and known as the “Lippincot house/’ ahall 
 be a Hospital for the reception of all persons, not permanent residents of the city of 
 Beardstown, who shall have the Cholera, Small Pox, Ship Fever, or other contagi¬ 
 ous disease. 
 
 Sec. 2. Be it further ordained, That it shall be the duty of the city authorities, 
 if circumstances require it, to appoint some Superintendant of the Hospital, with 
 suitable medical and other attendants, and pay the expenses attending the same from 
 the City Treasury, 
 
 Sec, 3. Be it further ordained, That it shall be the duty of every captain or per¬ 
 son having charge of a Steamboat, Canal boat, or other water craft, desirous of 
 landing any person, attacked with the Cholera, Small Pox or other contagious dis* 
 ease, before landing such person, to notify the City Marshall, and shall take such 
 sick person to the Hospital, under the direction of the Marshall. 
 
 Sec. 4. It shall be the duty of every captain or person having charge of a Steam 
 boat,Canal boat or other water craft, desirous of landing any emigrant, to notify the 
 City Marshall and, unless his written permission shall be given, shall take such emi¬ 
 grant to the Hospital under the direction of the Marshall. Provided, no person 
 shall be landed under this or the 2d. Section, against his own consent. 
 
 Sec. 5. Be it further ordained, That it shall be the duty of the City Marshal, 
 upon receiving notice, from any quarter, that any sick person or emigrant is about 
 to be landed in the city of Beardstown, forthwith to examine in person into the case, 
 and if such sick person exhibits symptoms of Cholera, ship fever, Small Pox or 
 other contagious disease, or if such emigrant shall have been exposed to the contagi¬ 
 ous influence of any of the diseases above enumerated,it shall be the duty of the City 
 Marshall to require such sick person or emigrant to be taken to the Hospital. 
 
 Sec. 6. Be it further ordained, That no person taken to the Hospital, under the 
 provisions of this ordinance, shall leave the sar/.e without the written permission 
 of the medical attendant of the Hospital; and the Marshall and Superintendant, are 
 hereby author ized to enforce this Section and to use such means to prevent escape, 
 or compel a return, as may be necessary and proper. Any person violating tni» 
 Section shall forfeit and pay the sum of twenty-five dollars. 
 
 Sec. 7. Be it further ordained, That any captain, or person having charge of a 
 Steamboat, canal boat, or other water craft, who shall violate this ordinance, shall 
 forfeit and pay the sum of fifty dollars. 
 
 Sec. 8. Be it further ordained, That the provisions of this ordinance shall be ap¬ 
 plicable to all persons, bringing any sick person or emigrant to the City of Beards- 
 town by any mode of conveyance by land. 
 
 Sec. 9. Be it further ordained, That this ordinance shall be in force from and 
 after its publication; and it is hereby made the duty of the Marshall to furnish as 
 soon as practicable, to every Steam and canal boat, landing at Beardstown, a printed 
 copy thereof. 
 
 Approved July 19th, 1860. 
 
 J. A. ARENZ, MAYOR. 
 
 S. Emp/tons, Clerk. 
 
30 . 
 
 CITY ORDINANCE—NO. X, 
 
 AN ORDINANCE FOR THE REMOVAL OF NUISANCES, 
 
 Section 1. Be it ordained by the city council of the city of Beards¬ 
 town, That whenever any lot within the city limits shall ^become 
 a nuisance, it shall, under the provisions of the 3d Section of the Act entitled “An 
 act to incorporate Towns and Cities,” approved Feb. 10, 1849, be so declared by 
 the city council, and the reason or reasons assigned wherefore it is so declared a 
 nuisance. 
 
 Sec. 2, When a lot shall be declared a nuisance as aforesaid, the Marshal shall 
 give notice thereof, by the service of a copy of the order of the city council on the 
 owner or his agent, il such is known to the Marshal, and is a resident of the city, 
 and it shall be the duty of such owner or agent, to remove the nuisance by filling 
 up, or altering said lot, so as to remove the causes whereby said lot has been decla¬ 
 red a nuisance, as soon as practicable. 
 
 Sec. 3. It the owner or agent, shall not after fair and diligent inquiry be known 
 to the city Marshal, or is a non-resident of the city, he shall cause the order of the 
 city council declaring the nuisance, to be published for one week, in the newspaper 
 selected bj the city council, and such publication shall be deemed sufficient notice 
 to tke owner or owners of said lot, of the order aforesaid. 
 
 Sec. 4. It upon notice or publication as aforesaid, the owners or agent shall 
 neglect or refuse, tor the period of five days, to remove said nuisance, according to 
 the requisitions of the orders of the city council, the city marshal shall cause the 
 removal of said nuisance at the expense of the city, and report his actings and 
 doings in the premises to the city council, who shall thereupon levy on such lot, a tax 
 ot sufficient amount, to pay the expense of the labor of removing said nuisance, and 
 all the costs and expenses therewith connected, and direct the city clerk to certify, 
 with the next annual rate of taxation, to the clerk of the Cass county court the said 
 special tax, under the provisions of the 9th Section of the Act referred to in the 
 1st section of this ordinance ; which special tax shall be collected and paid over, in 
 the same manner as other taxes, to the city Treasurer. 
 
 This ordinance to be in force and take effect, from and after its publication. 
 
 Approved Sept, 4, 1850. 
 
 J, A. ARENZ, MAYOR. 
 
 S. Emmons, Clerk. 
 
 ORDINANCE NO XI. 
 
 AN ORDINANCE SUPPLEMENTARY TO ORDINANCE NO. II. TO PRE¬ 
 VENT AND REMOVE NUISANCES. 
 
 Sec. 1. Be it ordained by the City Council of the City of Beardstown, That 
 no person shall hereafter put or cause to be put, in any lot, yard, cellar, out-house, 
 street or alley in the City of Beardstown, any decayed or decaying animal or vege¬ 
 table matter, or other filth, the presence of which, may in any degree, be detrimen¬ 
 tal to the health of the immediate premises or neighborhood, and the so doing is here¬ 
 by declared to be a nuisance. 
 
 Sec. 2. No person having heretofore placed in any lot, yard, or cellar, out¬ 
 house, street or alley,in the City of Beardstown, any decayed or decaying animal 
 or vegetable matter or filth, the presence of which may in any degree be detrimen¬ 
 tal to the health of the immediate premises or neighborhood, shall permit the 
 same to remain for a longer period than twenty-four hours after notice to remove 
 the same shall have been given by the City Marshal, said notice to be either writ¬ 
 ten or verbal, and the neglect or refusal to remove the same upon notice as afore¬ 
 said, is hereby declared to be a nuisance. Provided, that if the person notified as afore¬ 
 said, shall within twenty-four hours after such notice, by the use of lime or other 
 disinfecting agent, render the place complained of no longer detrimental to health- 
 it shall be deemed a removal of the nuisance. 
 
 Sec. 3. Any person who shall violate the provisions of section two, either 
 
 * 
 
31 
 
 by the creation of a nuisance, or the neglect or refusal to remove one, after notice, 
 shall be fined in a sum not exceeding Fifty Dollars, to be recovered by action of 
 debt, before the Mayor, and paid into the City Treasury. 
 
 Sec. 4. And be it further ordained, That if any person, being the owner of any 
 animal lying or being dead on his own premises or elsewhere, within the corporate 
 limits of the City of Beardstown, shall neglect to remove such dead animal beyond 
 said limits, within two hours after the existence of such fact shall be in any manner 
 brought to his knowledge, such person so offending, shall forfeit and pay a penalty 
 of not less than One nor more than Five Dollars for each offence. 
 
 Sec. 5. If the owner of any dead animal, lying within the corporate limits, shall 
 neglect to comply with the requisitions of the next foregoing section of this ordi¬ 
 nance, or if no owner can be found, it shall be the duty of the City Marshal, to 
 cause such dead animal to be removed beyond the corporate limits, and for such ser¬ 
 vices he shall receive from time to time such sums from the City Treasury, as the 
 City Council may allow. 
 
 Sec. 6. And it is hereby made the special duty of of the Marshal to enforce 
 this ordinance, and in every case of its violation to prosecute the offender. 
 
 This ordinance to be in force from and after] publication. 
 
 Approved Sept. 4, 1850. 
 
 J. A. ARENZ, MAYOR. 
 
 S. Emmons, Clerk. 
 
 ORDINANCE NO. XII. 
 
 An Ordinance supplementary to Ordinance No. 2— c ‘To 
 regulate the Police of the i 'ity of Beardstown, &c. 
 
 SEC. 1. Be it ordained by the City Council of the "City of Beardstown, That 
 any person who shall, by threats, profane swearing, vulgar language, by shouting, 
 firing guns, pistols, fire-crackers, or by any disorderly conduct, wilfully interrupt 
 or disturb any congregation or collection of citizens assembled together at any show 
 lecture, concert, or other public entertainment, licensed or permitted by law, or 
 assembled for any purpose not inconsistent with the ordinances of the city, or the 
 laws of the land, shall be fined in a sum not less than one dollar, nor more than 
 fifty dollars. 
 
 Sec. 2. Be it further ordained, That it shall be the duty of the City Marshal, 
 either in person, or by some constable or constables to be by him selected, to at¬ 
 tend at any public show, lecture, concert, or other public entertainment licensed or 
 permitted by the city authorities, on the application of those interested in getting up 
 the public assemblage, for the purpose of preserving order, and the enforcement 
 of the provisions of this ordinance. 
 
 Sec. 3. The City Marshal and those employed by him as aforesaid, are hereby 
 directed and authorized, to arrest on view, any person violating any of the provis¬ 
 ions of this ordinance. If the arrest be made at night, or if for any other reason, 
 the trial cannot be had forthwith, it shall be the duty of the officers making the ar¬ 
 rest to keep the offenders in custody by confinement in the county jail, or otherwise 
 until such time as a trial can be had before the Mayor, Provided, That if any 
 boy under the age of tw r elve years,shall be arrested at night, he maybe surrender¬ 
 ed to the parent or guardian of such boy, upon the execution of a bond for the ap¬ 
 pearance of the offenders for trial at the Mayor’s office, at such time as the said offi¬ 
 cer may appoint. 
 
 Sec. 4. The Marshal shall be authorized to demand and receive from the person 
 or persons employing him, a sum not exceeding one dollar and a half fo r each 
 show', entertainment, or meeting at which he may attend as aforesaid, for the preser¬ 
 vation of order, and each constable the sum of one dollar. The fees for other ser¬ 
 vices rendered shall be the same as are allowed for similar services under other or¬ 
 dinances. Approved, Dec *18, 1850. 
 
 J. A. ARENZ, MAYOR. 
 
 S. Emmons, Clerk. 
 
 £3“This ordinance to be in force from and after its publication. 
 
32 
 
 ORDINANCE—NO XIV. 
 
 Io jffix ihe time of holding Elections. 
 
 Be it ordained by the City Council of the City of Beardstown, that on the 
 third Monday of February next, and annually thereafter, an election shall be held 
 for one Mayor, one City Marshal—and one Alderman in each Ward, which elec¬ 
 tion, shall be conducted in the manner prescribed in Ordinance No.'3. 
 
 This ordinance to be in force from and after its publication. 
 
 Approved,Jan.7, 1851. J, A. ARENZ, Mayor. 
 
 £. Emmons. Clerk. 
 
 g-LLa 
 
 
 City officers for the year, ending February, 1851* 
 
 JOHN A: ARENZ, Mayor, 
 
 E. S. Houghton? Marshal. 
 ALDERMEN FOR THE FIRST WARD. 
 
 THOMAS EYRE, 
 JESSE RIGGINS. 
 
 JOHN MC’DONALD, \ 
 JOSEPH STEHLE1N,* 
 
 Second Ward. 
 
 GEORGE GENTHER, 
 JACOB RITCHIE. 
 
 Third Ward. 
 
 £ T. A. HOFFMAN, Treasurer. 
 
 H. E. DUMMER, City Attorney. 
 
 WM. S. CLEMMONS, Skxton. 
 
 EMMONS, Clerk. 
 
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