OF THE 
 
 UNIVERSITY 
 Of ILLINOIS 
 
 352.. 0773 
 C 13or 
 1883 
 
 
 } 
 
Digitized by the Internet Archive 
 in 2016 with funding from 
 
 University of Illinois Urbana-Champaign Alternates 
 
 https://archive.org/details/revisedordinance1883gale 
 
Revised Ordinances 
 
 OF THE 
 
 CITY OF GALESBURG 
 
 COMPIITSING THE 
 
 CHARTERS AND AMENDMENTS, 
 
 THE 
 
 State Laws Relating to the Goveniiiieiit of Cities, 
 
 AND THE 
 
 Ordinances of the City Council. 
 
 CODIFIED AND REVISED BY 
 
 F. A. WILLOUGHBY AND G. A. LAWRENCE. 
 
 GALESBURC, ILLINOIS: 
 
 FiniLISirED BY OKDKK OF THE (HTY (!()(TN(HL. 
 
 1883 
 
I 
 
 I 
 
PREFACE. 
 
 Galesburg, one of the most beautiful inland cities in the West, 
 situated in the midst of a fertile agricultural region, was founded 
 
 ^ found in the West a Christian college which should provide for 
 Ei^the youth a liberal course of learning, and, while assisting stu- 
 ^dents to an education, teach them the dignity and value of, and 
 practical skill in, manual labor. 
 
 The progress of the little village thus founded in the inspiration 
 <-of a benevolent idea, and fostered by the energies of enterprising 
 and industrious men, was steady and permanent ; and the settle- 
 ment, which afterwards became the “College City,” soon acquired 
 ; an enviable reputation as an educational centre. In 1854 the 
 “ advent into the town of the railroad which to-day stretches its 
 arms of steel to the four points of the compass, gave the spur to 
 g-;-. commercial activity, and by suddenly increasing the population, 
 j hastened the growth of the village, which, in 1857 Avas incorpo- 
 ^ rated as a city. The special charter granted at this time remained 
 in force until July, 1876, when the city organized under the Gen- 
 ^eral Incorporation Act. 
 
 Public improvements now claimed special attention and pro- 
 ^ gressed steadily in the construction of sewers, pavements and 
 
 '‘O , , 
 
 ^ water mains. It has been during the past few years the policy 
 ^ of the city government, while gradually reducing the ]mblic debt 
 (which now amounts to a merely nominal sum), and keeping 
 V taxes at a low figure, to expend each year a portion of the public 
 money in such iinjirovements as are in keejiing with the growth 
 
 by Rev. Geo. W. Gale, D.D., in the Spring of 1837. 
 
 The idea which gave birth to this “gem of the prairie” was to 
 
 ^ of the city — in a word, to exercise in its expenditures 
 "'^^^^onomy and judicious liberality.” 
 
 “a wise 
 
 I i 56657 
 
PREFACE. 
 
 iv^ 
 
 Tlie educational institutions of the city of Galesburg are justly 
 the pride of its citizens. Knox College, whose founding is coeval 
 with the birth of the city, with spacious grounds and ample build- 
 ings located in the centre of the city, under the presidency of Hon. 
 Newton Bateman, LL.D., with a faculty, seventeen in number, has 
 acquired a reputation for thoroughness and high culture, second 
 to none in the West. Knox Female Seminary, a part and under 
 the supervision of Knox College, is a flourishing institution. 
 
 Lombard University, chartered in 1851, situated about one mile 
 from the centre of the city has a fine brick building, handsome 
 grounds, well ordered equipments, and with a Universalist Theo- 
 logical Department attached, takes rank with the best colleges in 
 the Northwest. 
 
 St. Joseph’s Catholic Academy and Boarding School founded 
 in 1880, is in charge of the Sisters of Providence; has a large 
 brick building pleasantly located, capable of accommodating six 
 hundred pupils; and with a faculty of ten teachers combines the 
 usual excellencies of institutions of this character. 
 
 The advantages for a thorough commercial education, afforded 
 by “The Western Business College,” are excelled nowhere. J. 
 M. Martin & Bro., 'proprietors, ever on the alert to introduce 
 improved methods of practical business training, and keep abreast 
 of the times, have secured the confidence of the public and gained 
 for their institution a high reputation. 
 
 The private institution of Prof. E. D. Bangs is deservedly tak- 
 ing high rank as a popular school of specialties. 
 
 In the “nation’s safeguard,” the common school, this city 
 stands pre-eminent. A high school building of imposing archi- 
 tectural design, five substantially built brick ward schools, and a 
 frame building, constructed at an aggregate cost of $125,000, fur- 
 nish ample accommodations. These schools, properly graded, 
 and ably taught, have, under the superintendence of M. Andrews, 
 A. M., secured more than a local influence and are not unworthy 
 the fame of the “College City” as an educational center. 
 
 A valuable auxiliary of the public school, and one of the most 
 honorable evidences of pul)lic taste and refinement, is the Free 
 Public Ijibrary and Reading Room. It is reported second in size 
 
1‘ K E F A ( ' E . 
 
 V 
 
 ill the State, carrying upon its list eleven thousand volumes and 
 supplying the reading public with the principle news journals 
 and periodicals of the United States. It is no longer an experi- 
 ment, but holds a permanent place as a public municipal insti- 
 tution, and receives, as it deserves, the generous support of the 
 community. 
 
 The streets are mainly lighted by gas manufactured by the 
 Galesburg Gaslight and Coke Company ; one private and two 
 National banks furnish the needed banking facilities; three 
 papers supply the current news ; while the business of the post- 
 office having reached the required amount, hastened by the rap- 
 idly increasing postal transactions of the Covenant Mutual Ben- 
 efit Association, has led to the establishment in the city of Free 
 Postal Delivery. 
 
 The recent construction of the Fulton County Narrow Gauge 
 Railroad, through a tract of country rich in coal fields and agri- 
 culture, furnishes a competing line to the seaboard and bids fair 
 with our other railroad facilities to further develop the already 
 nourishing manufacturing interests of the city. Chief among 
 such interests, at present, are Geo. W. Brown & Co’s. (Incorpo- 
 rated) Corn Planter Works, the largest of the kind in the world, 
 with a paid up capital of $300,000 and a surplus of $150,000, in 
 which are employed over 300 men, and whose monthly pay-roll 
 amounts to about $15,000, working up annually 1,000 tons of 
 iron castings, 700 tons of bar iron and steel, 40 tons of })aints and 
 oils, 1,000,000 feet of lumber, 3,000 tons of coal, 750 tons of 
 grindstones and other miscellaneous material, completing about 
 17,000 different machines, including planters, stalk cutters, plow 
 sulkies, cultivators ancl check-rowers; the “Frost Manufacturing 
 Company” with a paid up capital of $80,000, employing about 
 GO workmen in the manufacture of steam engines and general 
 machinery ; G. D. Colton & Co’s. Novelty Works, with a capital 
 of $50,000 and 40 workmen turning out castings and machinery; 
 the broom factory of A. Boyer, in which are annually manufac- 
 tured upwards of 9,000 dozen brooms; the windmill factory of 
 May Bros., being one of the largest in the State ; and last but 
 not least, the large agricultural warehouses of Avery Bros. & 
 Brooks — being a branch of the planter works of Avery Bros. 
 
VI 
 
 PREFACE. 
 
 The shops of the Chicago, Burlington & Quincy Railroad Com- 
 pany, the stock yards, and the multitude of minor interests which 
 it is impossible to detail, furnish labor for an army of men, and 
 contribute largely to the support of the business interests of the 
 citv. 
 
 The smallest police force, in proportion to population, in the 
 State, preserves peace and good order, and an efficient paid fire 
 department protects the property of the citizens. 
 
 In churches, responsible business houses, good hotels, public 
 halls, societies, and all that go to make a well ordered and enter- 
 prising place, this city is unexcelled. 
 
 In a word the city of Galesburg possesses unusual advantages. 
 The center of a network of railroads leading in various directions, 
 surrounded by coal fields, the facilities for transportation, cheap- 
 ness of fuel, and the fertility of agricultural surroundings offer 
 great inducements to capitalists and manufacturers ; healthful- 
 ness of climate, broad and shaded thoroug’hfares and beautiful 
 parks and grounds make it a desirable place of residence ; while 
 churches, colleges and schools entitle it to be called the “Athens 
 of Illinois.” 
 
CITY OFFICERS. 
 
 1857 . 
 
 3Iayor — Henry R. Sanderson. 
 
 Aldermen — J. H. Sherman, Edwin Post, James F^. Dunn, J. W. 
 Cothren, Marcus Belden, E. M. Jordan. 
 
 Clerk — O. S. Pitcher. Treasurer — A. M. Phelps, 
 
 3Iarshal — Fred. P. Sisson. Attorney — O. S. Pitcher. 
 
 Assessor — David Sanborn. Street CoytCr — Jolin Burlingham. 
 
 1858 . 
 
 3Iayor — Samuel W. Brown. 
 
 Aldermen — Elisha C. Field, Edwin Post, Jacob D. Hand, J. W. 
 Cothren, E. R. Adams, E. M. Jordan. 
 
 Clerk — William A. Wood. Treasurer — George Davis. 
 
 Alarshal — Timothy Walker. Attorney — S. A. Kingsbery. 
 
 Assessor — David Sanborn. Street CouCr — Lyman Arnold. 
 
 1859 . 
 
 Mayor — Johi^ 0. Stewart. 
 
 Alderinen — Elisha C. F'ield, George I. Bergen, Jacob D. Hand, 
 Reuben Heflin, E. R. Adams, Clark E. Carr. 
 
 (Jlerk — Win. A. Wood, Treasurer — George Davis, 
 
 Alarshal — Henry Moore, Attorney — William Andrews. 
 
 Assessor — David Sanborn. Street ConCr — Lyman Arnold. 
 
 1860 . 
 
 Mayor — James F. Dunn. 
 
 Aldermen — Walter Brinkerhoff, George I. Berg*en, Heniy S. 
 Hurd, Reuben Heflin, Loyal C. Fdeld, Clark E, Carr. 
 
 Clerk — Wm. A. Wood. 'treasurer — J:Jenj. F. Holcomb. 
 
 Alarshal — Henry Moore. Atkrniey — William Andrews. 
 
 Assessor — John F. Edgerton. Street (Joni'r — P. L. Hawkinson. 
 
Vlll 
 
 C 1 T Y OFFICERS. 
 
 1861 . 
 
 31 a yor — A 1 IVe d Knowles. 
 
 Alderme)i — J. R. Gordon, Win. Penn Frailey, Henry S. Hurd, 
 S. S. Cheeney, Loyal C. Field, Job Swift. 
 
 Clerk — Wm. A. Wood. Treasurer — Benj. F. Holcomb. 
 
 Jlarshal — Henry Moore. Attorney — M. L. Knig-ht. 
 
 — John F. Edgerton. Street Coni')' — P. L. Hawkinson. 
 
 1862 . 
 
 3Iayor — Albert Reed. 
 
 Alderme)i — Josias Grant, Wm. Penn Frailey, Henry S. Hurd, S. 
 S. Cheeney, Timothy Nash, Job Swift. 
 
 Clerk — Wm. A. Wood. Treasurer — Isaac Delano. 
 
 Marshal — George Ekins. Attorney — J. B. Boggs. 
 
 Assessor — David Sanborn. Street Conir — P. L. Hawkinson. 
 
 1863 . 
 
 3Iayor — James F. Dunn. 
 
 Aldernie)i — Timothy Moshier, Peter Schoberg, H. S. Hurd, Lau- 
 ren C. Conger, Timothy Nash, Warren S. Bellows. 
 
 Clerk — Wm. A. Wood. Treasurer — Isaac Delano.' 
 
 3Iarshal — George Ekins. Attorney — William Andrews. 
 
 — John F. Edgerton. Street Conir — Patrick Chaplan. 
 
 1864 . 
 
 3Iayor — John A. Marshall. 
 
 Aldernie)i — Elisha C. Field, Frederick P. Sisson, Warren C. Wil- 
 lard, S. S. Cheeney, .lames Larkin, Warren S. Bellows. 
 
 (Jhi'k — M^m. A. AVood. Treasurer — Isaac Delano. 
 
 3[arshal — H. H. Willsie. Attor)iey — AVilliam Andrews. 
 
 Assessor — Geo. Ekins. Street Conir — Patrick Chaplan. 
 
 1865 . 
 
 3tayor — John A. Marshall. 
 
 Aldernie)i — Elisha C. Field, George I. Bergen, Warren C. Wil- 
 lard, L. E. Conger, James Larkin, Loyal C. Field. 
 
 Clerk — Wm. A. Wood. Treasurer — Isaac Delano. 
 
 31ai'shal — .lames McC. Lee. Attorney — J. B. Boggs. 
 
 Assessor — Geo. Ekins. Street ('.oirir — Lewis Bergland. 
 
CITY OFFICERS. 
 
 IX 
 
 1866 . 
 
 Mayor — John A. Marshall. 
 
 Aldermen — Marcus Belden, George I. Bergen, Warren C. Wil- 
 lard, L. E. Conger, Timothy Nash, Loyal C. Field. 
 
 Clerk — Wm. A. Wood. Treasurer — Isaac Delano. 
 
 Alarshal — G. A. Marsh. Attorney — J. B. Boggs. 
 
 Assessor — Geo. Ekins. Street (Joni^r — Lewis Bergland. 
 
 1867 . 
 
 Alayor — Charles P. West. 
 
 Aldermen — Marcus Belden, John Peterson, Warren C. Willard, 
 B. F. Arnold, Timothy Nash, George Churchill. 
 
 * 
 
 Clerk — Wm. A. Wood. Treasurer — Isaac Delano. 
 
 Alarshal — G. A. Marsh. Attorney — J. B. Boggs. 
 
 Assessor — Geo. Ekins. Street Coni’r — 1). A. Dudley. 
 
 Overseer of Poor — Levi S. .Stanley. 
 
 1868 . 
 
 Mayor — Edwin Post. 
 
 Aldermen — Marcus Belden, .lohn Peterson, Alfred Kitchell, B. F. 
 Arnold, Timothy Nash, George Churchill. 
 
 Clerk — Solomon F. Flint. Treasurer — Robert Colville. 
 
 Marshal — H. H. Willsie. Attorney — J. B. Boggs. 
 
 ^Lssessor — Geo. Ekins. Street (Coni’r — D. A. Dudley. 
 
 Overseer of Poor — Levi S. Stanley. 
 
 1869 . 
 
 Mayor — Edwin Post. 
 
 Aldermen — Marcus Belden, Andrew S. Hoovei-, Alfred Kitchell, 
 James W. Cothren, Timothy Nash, George Chui-chill. 
 
 Clerk — Solomon F. Flint. Treasurer — Robert Colville. 
 
 Marshal — H. H. Willsie. Attorney — J. B. Boggs. 
 
 Assessor — Geo. Ekins. Street Coni’r — J. McC. Lee. 
 
 Overseer of Poor — Franklin Ogden. 
 
X 
 
 CITY OFFICERS. 
 
 1870. 
 
 Mayor — Marcus Belden. 
 
 Aldermen — M. E. Fuller, A. S. Hoover, Q. F. Price, J. \V. Cotb- 
 reii, J. P. Cbapman, Sam. Hitchcock, James Cleaiy. 
 
 Clerk — Solomon F. Flint. Treasurer — Robert Colville. 
 
 Alarshal — H. H. Willsie. Attorney — F. M. Grant. 
 
 — Geo. Ekins. Street (\mdr — .1. McC. Lee. 
 
 Overseer of Poor — Franklin Ogden. 
 
 1871. 
 
 Alayor — Timothy Nash. 
 
 Aldermen — -M. E. Fuller, Geo. H. Smith, Edwin Knowles, 13. F. 
 x\.rnold, J. P. Chapman, Sam. Hitchcock, .James Cleary. 
 
 Clerk — Solomon F. Flint. Treasurer — Nels Nelson. 
 
 Marshal — Robt. N. Pollock. Attorney — M. M. Clark. 
 
 ^ L*6*c.s*6*6>7* — Geo. Ekins. ^ Street Coni'}' — J. McC. Lee. 
 
 Overseer (f Poor — Geo. IJ. Kingsbeiy. 
 
 1872. 
 
 Mayor — I^oyal C. Field. 
 
 Aldermen — H. R. Sanderson, Geo. H. Smith, Wm. S. Gale, B. F. 
 Arnold, 1). T. Dickson, .John W. Boyd, .J as. Cleary. 
 
 Clerk — Solomon F. Flint. Treasurer — Nels Nelson. 
 
 Marshal — Robt. N. Pollock. Attor)iey — W. C. Calkins. 
 
 — Geo. Ekins. Street i'ondr — Joshua Drake. 
 
 Ovei'seer of Poor — Geo. H. Ivingsbery. 
 
 1873. 
 
 Mayor — O. T. Johnson. 
 
 Alderme}i — H. R. Sanderson, C. C. Merrill, Wm. S. Gale, B. F. 
 Arnold, D. T. Dickson, .John W. Boyd, Jas. Cleary. 
 
 (Perk — Solomon F. Flint. Treasurer — Nels Nelson. 
 
 Marshal — .Jas. Ij. Wertz. Attorney — J). H. Clarke. 
 
 Assessor — Geo. Ekins. Street Coni'}' — A. J. Gillette. 
 
 Overseer of Poor — Geo. H. Jvinoslierv. 
 
C I T Y O F P" I C E R S . 
 
 XI 
 
 \ 
 
 1874 . 
 
 Mayor — O. T. Johnson. 
 
 Alclermoi — H. R. Sanderson, C. C. Merrill, Win. S. Gale, B. F. 
 Arnold, Timothy Nash, John W. Boyd, Jas. I^arkin. 
 
 Clerk — Solomon F. Flint. Treasurer — Nels Nelson. 
 
 Marshal — Jas. L. Wertz. Attorney — E. P. Williams. 
 
 Assessor — Geo. Ekins. Street (Joni’r — A. J. Gillette. 
 
 Ocerseer of Poor — Geo. H. King-sbery. 
 
 1875 . 
 
 AltCyor — James H. Calkins. 
 
 Aldermen — H. R. Sanderson, Luther Becker, Wm. S. Gale, B. F. 
 Arnold, Timothy Nash, John W. Dieterich, James Larkin. 
 
 Clerk — Solomon F. Flint. Attorney — E. P. Williams. 
 
 Treasurer — Nels Nelson. — Geo. ICkins. 
 
 Alarshal — Frank E. Fowler. Street SupH — A. J. Gillette. 
 Orerseer of Poor — Geo. H. Kingsbery. 
 
 1876 . 
 
 Alayor — George W. Brown. 
 
 Aldermen — H. R. Sanderson, Luther Becker, Wm. S. Gale, B. F. 
 Arnold, Timothy Nash, John W. Dietei ich, James Larkin. 
 
 Clerk — Solomon F. Flint. Attorney — F. A. Willoughby. 
 
 Treasurer — D. T. Dicksoir. Assessor — Geo. Ekins. 
 
 Marshal — Frank E. Fowler. Street SupH — M. Hustin. 
 
 Overseer of Poor — Geo. H. Kingsbery. 
 
 1877 . 
 
 Alayor — John C. Stewart. 
 
 Aldermen — H. R. Sanderson, John Edwards, Geo. W. Barnett, 
 
 D. M. Morse, Wm. S. Gale, John Becker, A. F. Brulin, T. F. 
 Hamblin, Jas. A. McKenzie, P. .1. Brown, R. W. Hunt, Chas. 
 
 E. Grant, M. G. Kennedy, Chas. Selk. 
 
 Clerk — Wm. A. Ryan. Attorney — F. C. Smith. 
 
 Treasurer — D. T. Dickson. Assessor — Geo. Ekins. 
 
 Alarshal — Frank E. Fowler. Street Sup't — W. W. Patch. 
 
 Overseer of Poor — Geo. H. Kingsbery. 
 
XU 
 
 CITY OFFICE K S . 
 
 1878 . 
 
 Major — John C. Stewart. 
 
 Ahlermen — H. R. Sanderson, John Edwards, Geo. W. Barnett, 
 
 D. M. Morse, Wm. S. Gale, John Becker, B. F. Arnold, Geo. 
 L. Arnold, James A. McKenzie, P. J. Brown, R. W. Hunt, Chas. 
 
 E. Grant, M. G. Kennedy, Chas. Selk. 
 
 Clerk — Wm. A. Ryan. Attorne)/ — F. C. Smith. 
 
 Treasurer — D. T. Dickson. , Assessor — Geo. Ekins. 
 
 Ma/’skal — T. F. Hamblin. ^Street Sup'’t — W. AV. Patch. 
 
 Overseer of Poor — Geo. H. Kingsbeiy. 
 
 1879 . 
 
 Major — David Greenleaf. 
 
 Aldermen — J. C. M illiams. .lohn Edwards, D. M. Morse, Geo W. 
 Barnett, W. S. Gale, J. B. Boggs, G. L. Arnold, B. F. Arnold, 
 P. J. Brown, A, J. Perry, C. E. Grant, R. W. Hunt, M. G. 
 Kennedy, W. C. Murphy. 
 
 Clerk — W. A. Ryan. Attornej — E. H. T^each. 
 
 Treasurer — M. W. Chittenden. Assessor — Geo. Ekins. 
 
 Mars/tal — H. H. Willsie. Street Sup't — AV. P. Sisson. 
 
 Overseer of Poor — Geo. H. Kingsbery. 
 
 1880 . 
 
 Major — David Greenleaf. 
 
 Aldermen — J. C. Mdlliams, John Edwards, D. M. Morse, Asa A. 
 Matteson, AA’. S. Gale, J. B. Boggs, G. L. Arnold, J. C. Hollis, 
 P. J. Brown, A. J. Perrv, Jas. H. Linslev, R. AA^. Hunt, M. G. 
 Kennedy, AAA C. Murphy. 
 
 Clerk — AA". A. Ryan. Attornej — E. H. Leach. 
 
 Treasurer — M. AY. Chittenden. Assessor — Geo. Ekins. 
 
 Marshe/l — Edward Alorrissey. Street Sup't — AAA P. Sisson. 
 Overseer of Poor — Geo. H. Kingsbery. 
 
(MTY OFFICERS. 
 
 Xlll 
 
 1881 . 
 
 Mayor — B. F. Arnold. 
 
 Aldermen — Max J. Mack, John Edwards, E. F. Plielps, Asa A. 
 Matteson, W. S. Gale, J. B. Boggs, M. S. Smalley, J. C. Hollis, 
 P. J. Brown, E. P. Williams, Jas. H, Linsley, R. W. Hunt, M. 
 G. Kennedy, Joshua Drake. , 
 
 Clerk — W. A. Ryan. Attorney — Geo. W. Prince. 
 
 Treasurer — .Jas. M. Colville. Assessor — Geo. Ekins. 
 
 Marshal — H. W. (Jowman. Street Supd — Timothy Nash. 
 Orerseer of Poor — Geo. H. Kingsbery. 
 
 1882 . 
 
 AC ay or — B. F. Arnold. 
 
 Aldermen — Max .1. Mack, Geo. W. Thompson, E. F. Phelps, A. 
 
 G. Anderson, .1. B. Boggs, T. W. Rogers, A G. Humphrey, 
 W. O. Brooks, E. P. Williams, G. A. Marsh, R. W. Hunt, Jas. 
 
 H. Linsley, .Joshua Drake, M. G. Kennedy. 
 
 Clerk — W. A. liyan. Attorney — Geo. W. Prince. 
 
 Treasitrer — .Jas. M. Colville. Assessor — Geo. Ekins. 
 
 ATarshal — H. W. Cowman. Street SupH — Timothy Nash. 
 Overseer of Poor — Geo. H. ICingsbery. 
 Cormnissioner of Health — Geo. W. Foote. 
 
 BOARD OF EDUCATION. 
 
 1861 . 
 
 President — A. Ixnowles. Clerk — W. A. Wood. 
 
 Directors — C. S. Colton, Edwin Post, David Sanborn, Geo. H. 
 Ward, Clement J.ieach, .Jr., li. P. Sage. 
 
 Principjal — R. B. Guild. 
 
 1862 . 
 
 President — A. Reed. Clerk — W. A. Wood. 
 
 Directors — C. S. Colton, Edwin Post, David Sanborn, Geo. H. 
 Ward, 1. N. Candee, R. T^. Sage. 
 
 Super mtendent — .1. B. IRiberts. 
 
XIV 
 
 BO A It D OF EDUCATION. 
 
 1863. 
 
 President — J. F. Dunn. Cleric — W. A. Wood. 
 
 Directors — C. S. Colton, Edwin Post, David Sanborn, Geo. H. 
 Ward, r. X. Candee, Geo, Churchill. 
 
 Superintendent — J. B. Roberts. 
 
 1864. 
 
 President — John Marshall. Clerk — W. A. Wood. 
 
 Directors — J. V. N. Standish, Albeit Reed, David Sanborn, 
 Geo. H. Ward, 1. N. Candee, Geo. Churchill. 
 
 Superintendent — J. B. Roberts. 
 
 1865. 
 
 President — John Marshall. Clerk — W. A. Wood. 
 
 Di rectors — J. V. N. Standish, Albert Reed, David Sanborn, 
 Geo. H. Ward, 1. N. Candee, Geo. Churchill. 
 
 Su]>erintendent — J. B. Roberts. 
 
 1866. 
 
 President — John Marshall. Clerk — W. A. Wood. 
 
 Directors — J. V. N. Standish. Albert Reed, Win. E. Dunn, Geo. 
 H. Ward, I. N. Candee, Geo. Churchill. 
 
 Superintendent — J. B. Roberts. 
 
 1867. 
 
 President — C. P. West. Clerk — W. A. Wood. 
 
 Directors — H. R. Sanderson, Alfred Knowles, Win. E. Dunn, 
 Geo. H. Ward, I. N. Candee, Geo. Churchill, 
 
 Superintendent — J. B. Roberts, 
 
 1868. 
 
 President — Edwin Post. Clerk — S. F. Flint. 
 
 Di rectors — H. R. Sanderson, Alfred Knowles, Win. E. Dunn, 
 B. F. Stanley, E. P. Williams, Geo. Churchill. 
 
 Superintendent — J. B. Boberts, 
 
 1869. 
 
 President — Edwin Post. Clerk — S. F. Flint. 
 
 Directors — H, R, Sanderson, Alfred Knowles, John C. Stewart, 
 B. F. Stanley, E. P. Williams, Geo. Churchill. 
 
 Superintend ent — J. B. Roberts. 
 
B O A R F) OF EDUCATION. 
 
 XV 
 
 1870. 
 
 President — Marcus Belden. Clerk — S. F. Flint. 
 Directors — Geo. W. Brown, H. M. Hale, .John C. Stewart, B. 
 F. Stanley, M. D. Cooke, Geo, Churchill, H. I). Burling'hain. 
 Superintendent — J. B. Roberts. 
 
 1871. 
 
 President — Timothy Nash. (Uerk — S.’ F. P'’lint. 
 
 Directors — Geo. W. Brown, H. M. Hale, John C. Stewart, B. 
 F. Stanley, M. D. Cooke, Geo. Churchill, A. H. Huntington. 
 Superintendent — J. B. Roberts. 
 
 1872. 
 
 President— C. Field. Clerk— 'S. F. Flint. 
 
 ]>irectors — Geo. Chui-chill, H. M. Hale, .John McFarland, B. F. 
 Stanley, M. I). Cooke, F. A. Willoughby, A. H. Huntington. 
 Superintendent — J. Jb Roberts. 
 
 1873. 
 
 President— C. T. Johnson. Clerk— F. Flint. ^ 
 Directors — S. J. Parry, Allred Knowles, .John McFarland, B. F. 
 Staidey, M. D. Cooke, F. A. Willoughby, C. J.,each, .Jr. 
 Superintendent — .J. 13. Roberts. 
 
 1874. 
 
 President — O. T. Jolinson. Clerk — S. F. Flint. 
 Directors — S. J. Parry, Alfred I^nowles, John McFarland, G. L. 
 Arnold, M. I). Caoke, F. A. Willoughby, C. licach, Jr. 
 Superintendent — J. B. Roljerts. 
 
 1875. 
 
 President — ,J. H. Calkins, (derk — S. F. Flint. 
 
 Directors — S. .J. INrry, AllVed Jvnowles, C. E. Jjanstrum, G. 1.. 
 Airiold, M. D. Cooke, R. W^. Hunt, C. Jjeach, .Jr. 
 
 Si ij) e t ‘i rite ndent — M . Andrews. 
 
 1876. 
 
 President — Geo. \V. I3rown. (Jlerk — S. F. Flint. 
 
 Directors — Geo. W. Foote, .1. I^. Cook, C. E. J.anstrum, G. I.. 
 Arnold, M. I). Cooke, R. W. Hunt, T. E. Clark. 
 
 Snperinten dent — M . Andrews. 
 
XVI 
 
 BOARD OF EDUCATIOX. 
 
 1877 . 
 
 President — John C. Stewart. Clerk — W. A. Ryan. 
 Directors — Geo. W. Foote, J. P. Cook, 0. E. Lanstrum, G. L. 
 Arnold, ^Y. C. Calkins, R. W. Hunt, T. L. Clark. 
 
 S uperintendent — M. Andi-ews. 
 
 1878 . 
 
 Presielent — John C. Stewart. Clerk — W. A. Ryan. 
 
 Directors — Geo. W. Foote, Xels Nelson, Geo. A. Murdoch, G. 
 L. Arnold, W. C. Calkins, L. T. Stone, T. L. Clark. 
 
 Superin ten dent — M . A n dre ws. 
 
 1879 . 
 
 President — D. Greenleaf. (Jlerk — W. A. Ryan. 
 
 Directors — S. J. Parry, Nels Nelson, Geo. A. Murdoch, G. L. 
 Arnold, W. C. Calkins, L. T. Stone, H. W. Belden. 
 
 S uperintendent — M. An dre ws. 
 
 1880 . ^ 
 
 President — D. Greenleaf. Clerk — W. A. Ryan. 
 
 Directors — S. J. Parry, Nels Nelson, Geo. A. Murdoch, G. 1.,. 
 Arnold, \Y. C. Calkins, L. T. Stone, H. W. Belden. 
 Superintendent — M. Andrews. 
 
 1881 . 
 
 President — B. F. Arnold. Clerk — W. A. Ryan. 
 Directors — S. J. Parry, Nels Nelson, Geo. A. Murdoch, G. L. 
 Arnold, W. C. Calkins, L. T. Stone, H. ^Y. Belden. 
 Superintendent — M. Andrews. 
 
 1882 . 
 
 President — B. F. Arnold. Clerk — \Y. A. Ryan. 
 Directors — S. J. Parry, P. F. Brown, Geo. A. Murdoch, G. L. 
 Arnold, W. C. Calkins, L. T. Stone, R. W. Colville. 
 
 Superin ten den t — M . An d re ws . 
 
ORIGINAL SPECIAL CHARTER 
 
 OF THE 
 
 CITY OF GALESBURG. 
 
 Mote.— This Charter, so far as it is inconsistent with “an Act to provide for tlie In- 
 corporation of Cities and V^illageS,” ap})roved A}>ril 10th, 18751, and coimnonlv known as 
 tlie “General Charter,” is no longer in force, the city having, July 17th, 1870, adopted 
 such “General Charter.” 
 
 An, Act to lncorj)ofate the City of Galesburg. Approved Fehruary 14, isf>7. 
 
 ARTICLE FIRST — Boundaries, Generae Powers and Wards. 
 
 ARTICLE SECOND— Officers— Their Election and Appointment. 
 ARTICLE THIRD- Elections. 
 
 ARTICLE FOURTH — Powers and Duties of Officers. 
 
 AR'i'ICLE FIFTH— The City Council— Its General Powers and Duties. 
 ARTICLE SIXTH— Taxation. 
 
 ARTICLE SEVEN'JTI— Assessments for Openino Streets and Alleys. 
 ARTICLE EIGHTH — Public Improvements and Assessments Therefor. 
 ARTICLE NINTH — Collection of Taxes and Assessments. 
 
 ARTICLE TENTH— Fire Department. 
 
 ARTICLE eleventh-board op Health. 
 
 ARTICLE TWELFTH— Miscellaneous Provisions. 
 
 ARTICLE FIRST. 
 
 boundaries, general powers and WAltDS. 
 
 Section. 
 
 1. Territory erected into the City of Gales- 
 
 burg. 
 
 2. General powers of the Corporation. 
 
 Section. 
 
 3. Wards, boundaries of; power to create 
 additional wards. 
 
 Section 1 . /h it enacted hy the People of the State (f Illi- 
 nois^ represented in the General Assembhp 'Hiat all the distritT ol‘ 
 country in the County of Knox, and State ot Illinois, consisting’ 
 of tlie tracts of land known as the west half of tin; southwest 
 (juarter of section one, the south half of section two, tin; south 
 1 
 
 / 
 
2 
 
 CHARTER. 
 
 half of section three, the southeast quarter and east half of the 
 southwest quarter of section four, anfl the east half of the northwest 
 
 quarter and the east half of the southwest quarter of section- 
 
 nine, the east half of section nine, sections ten and eleven, the 
 west half of the northwest quarter and the west half of the 
 southwest quarter^of section twelve, the west half of the, north- 
 west quarter and the west [half ] of the southwest quarter of sec- 
 tion thirteen, sections fourteen and fifteen, the east half of section 
 sixteen, the east half of the northwest quarter and the east half 
 of the southwest quarter of section sixteen, the east half of 
 the northwest quarter of section twenty-one, the northeast 
 quarter of section twenty-one, the north half of section twenty- 
 two, the north half of [sectioii] twenty-three,<^nd the west half of 
 the northwest quarter of section twenty-four, in township eleven 
 (11) north, one (1) east, is hereby erected into a city, by the name 
 of “The City of Galesburg.” 
 
 § 2. The inhabitants of said city shall be a corporation, by 
 the name of “The City of Galesburg,” and by that name shall 
 have perpetual successiou, sue and be sued, and complain and de- 
 fend in any court; may make and use a common seal, and alter 
 and change it at pleasure; may take, hold, and purchase such 
 real, personal or mixed estate as the purposes of the corporation 
 may require, within or without the limits of the city, and may 
 sell, lease or dispose of the same for the benefit of the city. 
 
 § 3. The City of Galesburg shall divide into six wards, the 
 boundaries of which shall be as follows; 
 
 The territory bounded on the north by the center line of Main 
 street, on the south by the center line of South street, on the east 
 by the center line of Seminary street, on the west by the center 
 line of West street, shall be called the First Ward. 
 
 The territory bounded on the north by the center line of North 
 street, on the south by the First Ward, on the east by the center 
 line of Seminary street, on the west by the center line of West 
 street, shall be called the Second Ward. 
 
 The territory bounded on the west by the center litie of West 
 street, and by the same line extended to the northern limits of 
 the city, on the south by the center line of North street and the 
 same extended to the eastern limits of the city, and bounded on 
 the north and east by the city limits, shall be called the Third 
 Ward. 
 
 The territory bounded on the north by the Third Ward, on the 
 west by the center line of Seminary street and the same line ex- 
 tended to the southern limits of the city, and on the east and 
 south by the city limits, shall be called the Fourth Ward. 
 
C HARTER. 
 
 3 
 
 The territory bounded on the east by the Fourth Ward, on the 
 north by the center line of South street and the same line ex- 
 tended to the western limits of the city, and on the south and 
 west by the city limits, shall be called the Fifth Ward. 
 
 The teri-itory bounded on the south by the Fifth Ward, on the 
 east by the First, Second and Third Wards, on the north and 
 west by the city limits, shall be called the Sixth Ward. 
 
 The boundaries of the said wards may be, by the city council, ‘ 
 changed from time to time. The city council may create addi- 
 tional wards as occasion may require, and fix the boundaries 
 thereof. 
 
 ARTICLE SECOND. 
 
 OFFICERS— THEIR ELECTION AND APPOINTMENT. 
 
 Section. 
 
 1. Officers of City — General duties. 
 
 2. How Appointed— How long to hold. 
 
 3. Aldermen. 
 
 4. Vacancies. 
 
 Section. 
 
 5. Officers— How removed from office. 
 
 6. Vacancies. 
 
 7. Qualifications to hold office. 
 
 8. When election is a tie. 
 
 Section 1. The municipal government of the city shall con- 
 sist of a city council, to be composed of the Mayor and one Aider- 
 man from each ward. The other officers of the corporation shall 
 be as follows: A City Clerk, a City Marshal, a City Treasurer, a 
 
 City Attorney, a City Assessor and City Street Commissioner, a 
 City Surveyor and Engineer, who, in addition to the duties pre- 
 scribed in this act, shall perform such other duties as may be 
 prescribed by ordinance. There shall be such other officers, 
 servants and agents as may be provided by ordinance, to be 
 appointed by the City Council, and to perform such duties as may 
 be prescribed by the ordinance. 
 
 § 2. All officers to be elected or appointed under this act ex- 
 cept Aldermen and such as are otherwise provided for hereby, 
 shall hold their offices one year and until the election or appoint- 
 ment and qualification of their successors respectively. All other 
 officers mentioned in this act, and not otherwise specially pro- 
 vided for, shall be appointed by the City Council, by ballot, on 
 the second Monday of April of each year, or as soon thereafter as 
 may be; but the City Council may specially authorize the appoint- 
 ment of watchmen and policemen by the Mayor, to continue in 
 office during the pleasure of the City Council: Provided., the 
 
 Mayor and City Marshal may be authorized to remove them from 
 office for good cause. All officers elected to fill vacfincies, except 
 where especially provided for, shall hold for the unexpired term 
 
4 
 
 CHARTER. 
 
 only, and when appointed to fill vacancies until the next general 
 election, and until the election or appointment and qualification 
 of their successors. 
 
 § 3. The several wards of the city shall be represented in the 
 City Council by one Alderman from each ward, who shall be a 
 bima Jide resident thereof. The Aldermen shall hold their offices 
 for two years, from and after their election, and until the election 
 and qualification of theii- successors; but the Aldermen in the 
 First, Third and Fifth Wards, at the first election held under this 
 act, shall hold their offices for one year and till their successors 
 are qualified only; but at the annual election in April, 1858, there 
 shall be elected Aldermen for the First, Third and Fifth Wards, 
 wdio shall hold their offices for two years from the time of their 
 election. 
 
 § 4. If from any cause there shall not be a quoi um of Aider- 
 men, the Clerk shall appoint a tim’e and place for holding a special 
 election to supply such vacancies, and to appoint judges thereof 
 if necessary. If any Alderman shall remove from the ward rep- 
 resented by him, his office shall become vacant. If there should 
 lie a failure by the people to elect any officers herein required to 
 he elected, the city council shall forthwith order a new election. 
 
 § 5. Any officer elected or appointed to any office may be re- 
 moved fiom such office, by a vote of two-thirds of all Aldermen 
 authorized by law to be elected; but no officer shall be removed 
 except for good cause, nor unless first furnished with the charges 
 against him, and heard in his defense; and the City Council shall 
 have power to compel the attendance of witnesses and the pro- 
 duction of papers, when necessary for the purposes of such trial, 
 and shall proceed within ten days to hear and determine upon 
 the merits of the case; and if such officer shall neglect to appear 
 and answ^er to such charges, then the City Council may declare 
 the office vacant: Provided^ this section shall not be deemed 
 to apply to any officer appointed by the City Council. Such 
 officer may be removed at any time by a vote of two-thirds, as 
 aforesaid, in their discretion; but any officer may be suspended 
 until the dis])osition of the charges preferred. 
 
 § G. AYhenever any vacancy shall occur in the office of Mayor 
 or Aldejinan, such vacancy shall be filled by a new election, and 
 the City Council shall order such special elections within ten days 
 after the happening of such vacancy. Any vacancy occurring in 
 any other office may be filled by appointment of the City Council, 
 but no s])ecial election shall be held to fill vacancies if more than 
 nine months of the time has expired. 
 
 § 7. All citizens of the United States, qualified to vote at any 
 election held under this act, shall be qualified to hold any office 
 created by this act. 
 
CHARTER. 
 
 O 
 
 § 8. When two or more candidates for any elective office 
 shall have an equal number of votes for such office, the election 
 shall be determined by the casting of lots, in the presence of the 
 City Council. 
 
 ARTICLE THIRD. 
 
 ELECTIONS. 
 
 Section. 
 
 1. Election — When to be held— Appoint- 
 ment of Inspectors. 
 
 Section. 
 
 2. Elections — How conducted, and re 
 
 turns of same. 
 
 3. Qualification of voters— Oath. 
 
 Section 1. A o-eneral election shall be held in each ward of 
 the city on the first Monday of April next. The time in said day 
 and the place of such elections in each ward shall be determined 
 by the trustees of the Town of Galesburg, who shall give six days 
 notice thereof, posted in one public place in every ward, and they 
 shall also appoint three inspectors of election for each ward. In 
 case the said trustees should fail to appoint the time and place of 
 such elections, and the inspectors thereof, the qualified electors 
 in each ward may assemble at any place in such ward and ap- 
 point inspectors from the voters present. At such election shall 
 be chosen a Mayor, one Aldeiinan in each ward — the Alder-; 
 man to be voted for oidy by the residents of the ward which he 
 is elected to represent — a City Clerk, a 'City Marshal, a City 
 Treasurer, a City Assessor, and a City Street Commissioner; and 
 at the same time and place the voters of said city sliall elect a 
 Justice of the Peace, as the voters of the district of country in- 
 cluded within the corporate limits of the town of Galesburg are 
 authorized to do by the charter of said town, which authority is 
 in nowise changed by this act, only that such Justice shall be 
 elected by the voters of the city, instead of the town of Gales- 
 burg. Upon each and every first Monday in April thereafter 
 there shall be held a general election for all the officers required 
 to be elected at such times, by this act or the ordinances of the 
 city. 
 
 ^ 2. The manner of conducting and voting at the elections 
 held under this act and contesting the same, the keeping of poll 
 lists, canvassing the votes, and certifyiiig the returns, shall be the 
 same as nearly as may be, as is now or may be hereafter provided 
 by law at general State elections: Provided., the Dity Council 
 shall have power to regulate electiotis and appointments of judges 
 thereof. The voting shall be by ballot, and the judges of the elec- 
 tion shall take the same oath, and shall have the same powers and 
 
6 
 
 CH AETER. 
 
 authority as the judges of general elections. After the closing 
 of the polls the ballots shall be counted in the manner provided 
 by law, and the returns shall be returned, sealed, to the City 
 Clerk, within two days after the election; and thereupon the City 
 Council shall meet and canvass the same and declare the result 
 of the election. The persons having the highest number of votes 
 for any office shall be declared elected.' It shall be the duty of 
 the City Clerk to notify all persons elected or appointed to office, 
 of their elections or appointments; and unless such persons shall 
 qualify within twenty days thereafter, the office shall become 
 vacant. At the first election held on the first Monday of April 
 next, the returns shall be made to the Clerk of the Board of 
 Trustees of the Town of Galesburg, and the President and Trus- 
 tees thereof shall meet and canvas the same and declare the re- 
 sult of the election. 
 
 § 3. No person shall be entitled to vote at any election under 
 this act who is not entitled to vote at State elections, and who 
 has not been a resident of said city at least six months next pre- 
 ceding said election ; he shall have been, moreover, an actual resi- 
 dent in the ward in which he proposes to vote for ten days pre- 
 vious to such election, and, if required by any judge or qualified 
 voter, sliall take the following oath before he is permitted to vote: 
 
 “ I swear (or affirm) that I am of the age of twenty-one years, 
 that 1 am a citizen of the United States, (or was a resident of 
 this State at the time of the adoption of the Constitution), and 
 have been a resident of this city six months, and a resident of the 
 State one year immediately preceding this election, and am now 
 and have been for the last ten days past a resident of this ward, 
 and have not voted at this election.” Provided^ that the voter 
 shall be deemed a resident of the ward in which he is accustomed 
 to lodge. 
 
CHARTER. 
 
 7 
 
 ARTICLE FOURTH. 
 
 POWERS AND DUTIES OF OFFICERS. 
 
 Section. 
 
 1. Officers shall take oath, to be filed with 
 
 Clerk. 
 
 2. Mayor shall see that officers perform 
 
 their duty. 
 
 3. Powers in suppressing riots and exe- 
 
 cuting laws, &c. 
 
 4. To compel exhibition of books apd 
 
 papers. 
 
 5. Salaries— How fixed. 
 
 6. Shall sign or veto ordinances, have 
 
 power to administer oaths, make ac- 
 knowledgments, &c. 
 
 7. Vacancy in office of Mayor — How filled. 
 
 8. Members of Council— Powers and ex- 
 
 emptions. 
 
 Section. 
 
 9. Clerk — Term of office, powers and 
 duties. 
 
 10. City Attorney — Duties. 
 
 11. City Treasurer— Duties. 
 
 12. City Marshal— How eligible— Duties 
 
 — Powers. 
 
 13. City Engineer and Surveyor — Duties 
 
 — Powers. 
 
 14. City Assessor — Duties — Powers. 
 
 15. Street Commissioner — Duties — Pow- 
 
 ers. 
 
 16. Officers — Power of Council over — 
 
 May require bonds. 
 
 17. Officers refusing to deliver papers, 
 
 &c— How dealt with. 
 
 18. Officers to be commissioned. 
 
 Section 1. Every person choseti or appointed to an execu- 
 tive, judicial or administrative office under this act, shall, before 
 he enters upon the duties of his office, take and subscribe the 
 oath of office prescribed in the Constitution of this State, and file 
 the same, duly certified by the officer before whom it was taken, 
 with the City Clerk. 
 
 § 2. The Mayor shall preside over the meeting's of the City 
 Council, and shall take care that the laws of this State and the 
 ordinances of this city are duly enforced, respected and observed 
 within this city; and that all other officers of the city discharge 
 their respective duties; and he shall cause negligence and posi- 
 tive violation of duty to be prosecuted and punished; he shall 
 from time to time give the City Council such information, atid 
 recommend such measures as he may deem advantageous to the 
 city. 
 
 § 3. He is hereby authorized to call on any and all white male 
 inhabitants of the city or county, over the age of eighteen years, 
 to aid in enforcing the laws of the State or the ordinances of the 
 city; and in case of riot to call out the militia to aid in suppress- 
 ing the same, or carrying into effect any law or ordinance; and 
 any person who shall not obey such call shall forfeit to said city a 
 fine of not less than five dollars. 
 
 § 4. He shall have power, whenever he may deem it necessary, 
 to require of any of the officers of tiie city an exhibit of all his 
 
8 
 
 CHARTER. 
 
 books and papers; and he shall have power to execute all acts 
 that may be I’equired of him by this act or any ordinance made in 
 pursuance thereof. 
 
 § 5. He shall receive such salary as may be fixed by ordinance. 
 
 ^ (). All ordinances and resolutions shall, before they take 
 elfect, be ])laced in the office of the City Clerk, and if the Mayor 
 approve thereof he shall sign the same; and such as he shall not 
 ap[)i*ove he shall return to the City Council with his objections 
 thereto. Upon the return of any ordinance or resolution, by the 
 Mayor, the vote by which the same was passed shall be recon- 
 sidered, and if, after such reconsideration, a majority of all the 
 members elected to the City Council shall agree, by the “ayes 
 and noes,” which shall be entered upon the journal, to pass the 
 same, it shall go into effect; and if the Mayor shall neglect to ap- 
 prove of, or object to any such ])roceedings for a longer period 
 than three days after the same shall be placed in the Ohu'k’s 
 office as aforesaid, the same shall go into effect. He shall ex- 
 officio^ have power to administer any oath required to be taken by’’ 
 this act or any law of the State, to take depositions, acknowledg- 
 ments 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. 
 
 § 7. In case of vacancy in the office of Mayor, or of his being 
 unable to perform the duties of his office, by reason of temporary 
 or continued absence or sickness, the City Council shall aj)point 
 ojie of its members, by ballot to preside over their meetings, 
 whose official designation shall be “Acting Mavor;” and the 
 Alderman so appointed shall be vested with all the powers and per- 
 form all the duties of Mayor until the Mayor shall assume his 
 office, or the vacancy shall be filled by a new election. 
 
 ^ 8. The members of the City Council shall be, ex-officio^ Fire 
 Wardens and conservators of the peace, within the city, and shall 
 be exempt from jury duty during their term of office. 
 
 ^ y. The Clerk shall hold his office for three years; he shall 
 keep the corporate seal and all papers and books belonging to 
 the city; he shall attend all meetings of the City Council, and 
 keep a full record of their proceedings on the journals; and copies 
 of all papers duly filed in his office, and transcripts from the 
 journals of the proceedings of the City Council certified by him, 
 under the corporate seal, shall be evidence in all courts, in like 
 manner as if the originals were produced. He shall, likewise, 
 draw all warrants on the treasury and countersign the same, and 
 keep an accurate account thereof in a book provided for that 
 purpose; he shall, also, keep an accurate account of all receipts 
 and expenditures, in such a manner as the City Council shall 
 
CHARTER. 
 
 9 
 
 direct; and he shall have power to adiniiiister any oath required 
 to be taken by this act. 
 
 § 10. It shall be the duty of the City Attorney to perform all 
 professional services incident to his office, and when required, to 
 furnish written opinions upon questions and subjects submitted 
 to him by the Mayor or the City Council or its Committees. 
 
 § 11. The City Treasurer shall collect all taxes and assess- 
 ments which may be levied by the City Council; he shall receive 
 all moneys belonging to the city, and shall keep an accurate ac- 
 count of all receipts and expenditures, in such a manner as the 
 City Council shall direct. All moneys shall be drawn from the 
 treasuiy in pursuance of an order by the City Council, by a treas- 
 ury warrant, signed by the Mayor or presiding officer of the City 
 Council, and countersigned by the City Clerk. The Treasurer 
 shall exhibit to the City Council, at least twenty days before the 
 annual election of each year, and oftener, if required, a full and 
 detailed account of all receipts and expenditures since the date 
 of the last annual report, and also the state of the treasury; which 
 shall be filed in the office of the Clerk. 
 
 § 12. The City Marshal shall hold his office for one year, and 
 he shall not be eligible to said office for moi’e than three years in 
 succession; and shall perform such duties as shall be prescribed 
 by the City Council for the preservation of the public peace, the 
 collection of license moneys, fines or othei-wise; he shall possess 
 the powers and authority of a Constable at common law, and 
 under the statutes of the State, and receive like fees, but shall 
 not serve civil process, without first entering into bond as such 
 constable, to be approved by the City Council, payable to said 
 city, as in other cases; he shall execute and return all process 
 issued by any proper officer under this act or any ordinance in 
 pursuance thereof. 
 
 ^ Id. The City Engineer or Surveyor shall have the sole 
 power under the discretion and control of the City Council to 
 survey within the city limits; and he shall be governed by such 
 rules and ordinances, and receive such fees and emoluments for 
 his services as the City Council shall direct and prescribe; he 
 shall possess the same powers in making plats and surveys within 
 the city, as is given by law to County Surveyors, and the like 
 effect and validity shall be given to his acts, and to all plats and 
 surveys made by him, as are or may be given by law to the acts 
 or plats and surveys of the County Surveyor; he shall, when re- 
 quired, superintend the construction of all public work ordered 
 by the city, make out the plans and estimates thereof and con- 
 tract for the erection of the same; he shall perform all surveying 
 and engineering ordered by the City Council, shall, under their 
 
10 
 
 C H A R T E K . 
 
 direction, establish the grades and boundaries of streets and alleys, 
 but such plans, estimates and contracts, grades and boundaries 
 shall be first reported to the City Council and approved by them 
 or they shall not be valid. 
 
 § 14. The Assessor shall perform all duties in relation to the 
 assessing of pro})erty, for the purpose of levying the taxes Jin- 
 posed by the City Council. In the performance of his duties he 
 shall have the same ])owers as are or may be given by law to 
 County or Town Assessors, and be subject to same liabilities. On 
 completing the assessment lists and having revised and corrected 
 the same, he shall sign and return them to the City Council. 
 
 § 15. The Street Commissioner shall superintend all local im- 
 provements in the city, and carry into effect all orders of the City 
 Council in relation thereto. It shall be his duty to superintend 
 and supervise the opening of streets and alleys, and the grading, 
 improving and opening thereof, and the construction and repair- 
 ing of bridges, culverts and sewers; to order the laying and re- 
 laying and repairing of sidewalks; to give notice to the owners of 
 property adjoining such sidewalks, when recpiired, and upon the 
 failure of any ])erson to comply with such notice to cause the 
 same to be laid or relaid or repaired, and apportion the cost 
 thereof among the persons or lots properly chargeable therewith, 
 and deliver the account thereof to the City Clerk, to be laid be- 
 fore the City Council; to make plans and estimates of any work 
 ordered in relation to streets and alleys, culverts or sewers; to 
 keep full and accurate accounts, in appropriate books, of all ap- 
 propriations made for work pertaining to his office, and of all dis- 
 bursements tliereof, specifying to whom made and on what ac- 
 count, and lie shall render monthly accounts thereof to the City 
 Council. 
 
 ^ 16. The City Council shall have power, from time to time, 
 to reipiire further and other duties of all officers whose duties are 
 herein prescribed, and prescribe the powers and duties of all 
 officers elected or appointed to any office under this act, whose 
 duties are not herein specified, and fix their compensation. They 
 may, also, require all officers, severally, before they enter upon 
 the duties of their respective offices, to execute a bond to the 
 city of Galesburg, in such sum and with such securities as they 
 may approve, conditioned that they shall faithfully execute the 
 duties of their respective offices, and account for and pay over 
 and deliver all moneys and other property received by them; 
 which bond, with the approval of the City Council certified 
 thereon by the Clerk, shall be filed in his office, and remain for 
 the benefit of any person aggrieved b\^ the official act of the 
 officer. 
 
CHARTER. 
 
 11 
 
 § ]?. If any person, having- been an officer of said city, shall 
 not, within ten days after notification and request, deliver to his 
 successor in office, all property, books, papers and effects of every 
 description appertaining to his said office, he shall forfeit and pay, 
 for the use of the city, fifty dollars, besides all damages and costs 
 caused by his refusal or neglect so to deliver; and such successor 
 may recover possession of the books, papers and effects belonging 
 to his office, in the manner prescribed by the laws of the State. 
 
 § 18. All officers elected or appointed under this act shall be 
 commissioned by warrant, under the corporate seal, signed by the 
 Mayor or presiding officer of the City Council and Clerk. 
 
 ARTICLE FIFTH. 
 
 OF THE LEGISLATIVE POWERS OF THE CITY COUNCI L-ITS GENERAL 
 
 POWERS AND DUTIES. 
 
 Section. 
 
 1. City Council. 
 
 2. Meetings. 
 
 3. Finances. 
 
 First — Borrow money. 
 
 Neconrf— Appropriations. 
 
 Diseases. 
 
 Fourth— llesiMh. 
 
 Fifth— V^&iev. 
 
 Streets, &c. 
 
 Seven < A— Bridges . 
 
 Eighth — Lighting Streets. 
 
 Nin — M arkets. 
 
 Tenth— VKihWo, Grounds. 
 
 Twelfth— Encwmhermg of Streets. 
 Thirteenth — Tax. 
 
 Fourteenth — Ilackmen. 
 
 Fifteenth— EWVmvA tables, &c. 
 
 Sixteenth— 
 
 Seventeenth— of intoxicating liquors. 
 Nineteenth— Ewichern. 
 
 Twentieth — Weights and measures. 
 
 Twenty-flrst-ljwmher, &c. 
 Twenty-second—llay, &c. 
 
 Twenty-third— Weaf, &c. 
 
 Twenty-fourth -Bread. 
 Twenty-fifth—EY\c,\iS~. 
 
 Twenty-sixth— VoWcQ. 
 Twenty-seventh—'Rioi. 
 
 Twenty-eighth— l\ov<sa-Y&Q,mg. 
 Twenty-ninth— 
 
 Thirtieth -Horses, &c. 
 
 Thirty-first— disturbance. 
 Thirty-second — Nuisances. 
 
 Thirty-fifth— Vixiivi 
 Thirty-sixth— EnvinX of dead. 
 Thirty-seventh — Census. 
 Thirty-eighth—Noxfi-\\c)\mc,. 
 Thirty-ninth— C&xQ of juvenije vagrants. 
 Fortieth— \)x&\n», &c. 
 
 Railroad tracks and depots 
 within the city -Repairing of streets. 
 Forty-second— Venice., trade, &c., i)rotected 
 by ordinance— Fines and penalties. 
 
 Section 1. The Mayor and Aldermen shall constitute the City 
 Council. They shall meet and organize the first Thursday after 
 their election, and shall meet at such times and places thereafter 
 as they shall determine. The Mayor, when present, shall preside 
 at all meetings of the City Council, and shall have only a casting 
 vote; in his absence any one of the Aldermen may be appointed 
 to preside. A majority of the persons elected [aldermen] shall 
 constitute a quorum. 
 
1-2 
 
 CHART ER. 
 
 § 2. The City Council shall hold twelve stated meetings, one 
 each month during- the year, and the Mayor or any two Aldermen 
 may call special meetings of the Council, served personally or left 
 at their usual places of abode. Petitions and remonstrances may 
 be ]n-esented to the City Council; and they shall determine the 
 rule of their own proceeding and be the judges of the election 
 and ijualilicjition of their own members; and shall have power to 
 compel the attendance of absent members. 
 
 ^ 3. The City Council shall have the control of the finances 
 and of the property, real, and persoiial and mixed, belonging to 
 the corporation; and shall likewise have power within the juris- 
 diction of the citv, bv ordinance: 
 
 — To borrow money on the .credit of the city, and issue 
 bonds of the city therefor; but no bonds shall be issued having 
 more than five years to run; and there shall never be outstanding 
 bonds to a greater amount than tw’o per cent, of the last assessed 
 value of the real and personal property of the city. It shall be 
 tlie duty of the Council to provide, either by taxation or the issue 
 of bonds, for the ])ayment of all claims against the city as rapidly 
 as such claims fall due. All orders on the treasury shall be made 
 payable on demand. No a]ipropriation shall be made for any 
 public building or other improvement out of the general fund of 
 the city, except in such cases as where the City Council shall not 
 have authority to provide for the same by special taxation levied 
 on the pro})erty benefited thereby, or where the City Council 
 shall, l)y resolution, declare that it will be unjust and inequitable 
 that the property in the vicinity shall bear the expense of such 
 ini])rovenient, and that such improvement is required by the gen- 
 eral interests of the city. And no appropriation shall be made 
 for any public improvements until the expense of such improve- 
 ment shall be estimated by the proper officers, and unless it shall 
 be found by such estimates and a statement of the estimated cost 
 of all other public work in progress and other probable expenses 
 of the city, that all such works can be completed within due time 
 by the ordinary surplus revenue of the city, and the issue of such 
 bonds as the Council is by law authorized to issue. 
 
 Second — To appropriate money, and to provide for the pay- 
 ment of the d^bts and expenses of the city. 
 
 Third — To make regulations to prevent the introduction of 
 contagious diseases into the city; to make quarantine laws for 
 that purpose and to enforce them within the city and within five 
 miles thereof. 
 
 Tourth — To make regulations to secure the general health and 
 comfort of the inhabitants; to prevent, abate and remove nui- 
 sances, and punish the authors thereof by penalties, fine and im- 
 
CHARTER. 
 
 13 
 
 prisonment; to define and declare what shall be deemed nuisances, 
 and authorize and direct the summary abatement thereol. 
 
 Fifth — To provide tlie city with water; to make, regulate and 
 establish public wells, pumps and cisterns by drains, hydrants 
 and reservoirs in the streets, within the city, or l)eyond tlie limits 
 thereof, for the exting-uishment of fire and the convenience of the 
 inhabitants, and to prevent the unnecessary waste of water. 
 
 Sixth — To have the exclusive control and power over the 
 streets, alleys and highways of the city, and to abate and remove 
 any enroachments or obstructions thereon; to open, alter, abolish, 
 widen, extend, straighten, establish, i-egulate, grade, clean, or 
 otherwise improve the same; to put drains or sewers therein, and 
 prevent the encumbering thereof in any manner, and protect the 
 same from any encroachment or injury. 
 
 Seventh — To establish, erect, construct, regulate and keep in 
 repair bridges, culverts and sewers, sidewalks and crossways, and 
 regulate the construction and use of the same, and to abate any 
 obstruction or encroachments thereof; to establish, alter, change 
 and straighten the chaiinels of water courses and natural drains, 
 to sewer the same or to wall them up and cover them over; and 
 to prevent, regulate and control the filling up, altering or chang- 
 ing the channels thereof by private persons. 
 
 Eighth — To provide for the lighting of the streets and erect- 
 ing lamp posts and lamps therein, and regulate the lighting 
 thereof, and from time to time create, alter or extend lamp dis- 
 tricts; to exclusively regulate, direct and control the laying and 
 repairing of gas pipes and gas fixtures in the streets, alleys and 
 sidewalks. 
 
 Ninth — To establish markets and market houses and other pub- 
 lic buildings of the city, and provide for the government and reg- 
 ulation thereof, and the erection and location thereof, and to au- 
 thorize their erection in the streets and avenues of the city, and 
 the continuation of such as are already erected within the same. 
 
 Tenth — To provide for the enclosing, regulating and improv- 
 ing all public grounds and cemeteries belonging to the city, and 
 to direct and regulate the planting and preserving of ornamental 
 and shade trees in the streets and public grounds. 
 
 Eleventh — To erect and establish one or more hospitals or dis- 
 pensaries, and control and regulate the same. 
 
 Twelfth — To prevent the encumbering of the streets, alleys, 
 sidewalks or public grounds with carriages, wagons, carts, wheel- 
 barrows, boxes, lumber, timber, fire- wood, [)Osts, awnings, signs 
 or any other substance or material whatever; to comj)el all per- 
 sons to keep the snow, ice, dirt and other rul)bish from- the side- 
 walk and street gutter in front of the premises occupied by tliem. 
 
14 
 
 CHARTER. 
 
 Thirteenth — To license, tax and regulate merchants, commis- 
 sion merchants, and all vendors, dealers and traders in any goods, 
 wares, merchandise, groceries, or liquids, (alcoholic liquors ex- 
 cepted only, as hereinafter provided), and inn-keepers, brokers, 
 money brokers, insurance brokers, and auctioneers, and to im- 
 pose duties upon the sale of goods at auction; to liceense, tax, 
 regulate, suppress and prohibit hawkers, peddlers, pawn-brokers, 
 grocery-keepers, and keepers of ordinaries, theatrical or other 
 exhibitions, shows and amusements: Provided^ however^ they may 
 regulate, tax and license the keeping thereof, if a majority of the 
 voters of the city, at the first city election, authorize them to do 
 so, in the same manner as is provided to determine about the sale 
 of intoxicating liquors. 
 
 Fourteenth — To license, tax, regulate and suppress hackmen, 
 draymen, omnibus drivers, porters, and all others pursuing like 
 occupations, with or without vehicles, and prescribe their com- 
 pensation, and to regulate and restrain runners for cars, stages 
 and public houses. 
 
 Fifteenth — To prohibit and suppress billiard tables, pin alleys 
 and ball alleys; to suppress and restrain disorderly houses, tip- 
 pling shops and groceries, bawdy houses, gaming and gambling 
 houses, lotteries and fraudulent devices and practices, and all 
 playing of cards, dice and other games of chance, with or without 
 betting, and to authorize the destruction of all instruments and 
 devices used for the purpose of gambling. 
 
 Sixteenth — To authorize the proper officer of the city to grant 
 and issue licenses, and to direct the manner of issuing and regis- 
 tering thereof, and the fees and charges to be paid therefor. No 
 license shall be granted for more than one year; and no license 
 shall be granted for more than thirty days, except with power re- 
 served to the City Council to revoke such license at pleasure. 
 The City Council shall have power to regulate, license, tax, pro- 
 hibit and punish the sale of intoxicating, alcoholic or malt liquors, 
 wine, cider, beer, soda water, or all and any drinks whatever: 
 Provided^ hoicever^ the said Council shall have no power to author- 
 ize the sale of intoxicating liquors, except for mechanical, medi- 
 cinal, or religious purposes, unless the voters of said city shall, at 
 their first election, to be held as hereinbefore provided, authorize, 
 by a majority of the votes then given, the Common Council to 
 authorize such sale: And it is hereby provided^ that at the said 
 
 election the poll books then used shall be provided with two col- 
 umns, in one of which shall be set forth the number of votes in 
 favor of authorizing the said Council to exercise in their discre- 
 tion, the power of licensing the sale of intoxicating drinks; and 
 on the other shall be set forth the number of votes against author- 
 
CHARTER. 
 
 15 
 
 izing the said Council to grant such license as above provided. 
 And if it shall appear that a majority of the votes polled are in 
 favor of authorizing the Common Council to grant licenses, in 
 their discretion as aforesaid, then said Council shall henceforth 
 have as full powers as though the written proviso were not a part 
 of this charter; but if no such majority shall appear, then the 
 power of the Common Council shall henceforth be restricted as 
 provided in the above written proviso. 
 
 Seventeerith — To regulate the license and tax the keeping and 
 sale by druggists or other persons authorized by the City Coun- 
 cil, of alcoholic liquors, for sacramental, mechanical or medicinal 
 purposes; but to no other persons and for no other use or pur- 
 pose whatsoever, except as hereinafter provided. 
 
 Eighteenth — To prevent, restrain and punish forestalling and 
 regrating; to regulate the inspection and vending of fresh meats, 
 poultry and vegetables, of butter, lard, and other provisions, and 
 the place and manner of selling fish and inspecting the same. 
 
 Nineteenth — To regulate, license and prohibit butchers, and to 
 revoke their licenses for malconduct in the course of trade. 
 
 Twentieth — To establish standard weights and measures, and 
 regulate the weights and measures to be used within the city in 
 all cases not otherwise provided by law; to require all traders or 
 dealers in merchandise or property of any description, which is 
 sold by measure or weight, or to cause their measures and weights 
 to be tested and sealed by the City Sealer, and to be subject to 
 his inspection. The standard of such weights aiid measures shall 
 be conformable to those established by law and ordinance. 
 
 Tioenty-first — To regulate and provide for the inspecting and 
 measuring of lumber, shingles, timber, posts, staves, heading and 
 all kinds of building material, and for the measuring of all kinds 
 of mechanical work, and to appoint one or more inspectors of 
 measures. 
 
 Twenty -second — To provide for the inspection and weighing of 
 hay, lime and stone-coal, and the place and manner of selling the 
 same; to regulate the measurement of fire- wood, charcoal and 
 other fuel, to be sold or used within the city, and the place and 
 manner of selling the same. 
 
 Twenty-third — To regulate the inspection of beef, pork, flour, 
 meal, and other provisions; salt, whisky and other liquors to be 
 sold in barrels, hogsheads and other vessels and packages; to ap- 
 point, weighers, gaugers and inspectors, and [)rescril)c their du- 
 ties and regulate their fees: Prodded^ that nothing herein con- 
 
 tained shall be so construed as to recjuire the ins{)ection of any 
 articles enumerated herein which are to be sliipped beyond the 
 limits of the State, except at the re({uest of the owner thereof, or 
 his agent. 
 
16 
 
 CHARTER. 
 
 Tioenty -fourth — To regulate the weight and quality of bread to 
 l)e sold or used within the city, and the inspection thereof. 
 
 Twenty-ffth — To regulate the size and quality of bricks to be 
 sold or used within the city, and the inspection thereof. 
 
 Twenty-sicth — To create, establish and regulate the policy of 
 the city; to appoint watchmen and policemen, and prescribe their 
 duties and powers. 
 
 T uaenty -seventh — To prevent and suppress any riot, atfray, 
 noise, disturbance or disorderly assembly, in any public or private 
 place within the city. 
 
 T iventy-eiyhth — To prohibit, prevent and suppress horse-racing, 
 immoderate riding or driving in the city, and to authorize persons 
 immoderately riding or driving as aforesaid, to be stopped by any 
 person; to prohibit, and punish the abuse of animals; to compel 
 persons to fasten their horses or other animals attached to vehicles 
 or otherwise, while standing or remaining' in the streets. 
 
 7\oenty-ninth — To restrain and punish vagrants, mendicants, 
 street beggars and prostitutes, and provide for the arrest and 
 punishment of persons found intoxicated in the streets or public 
 places. 
 
 Thirtieth — To regulate restrain or prohibit the running at 
 large of horses, cattle, asses, mules, swine, sheep, goats and geese, 
 and to authorize the distraining, impounding and sale of the same, 
 for the costs of the proceeding and the penalty incurrred, and to 
 impose penalties on the owners thereof for a violation of any or- 
 dinance in relation thereto; to regulate, restrain and prohibit the 
 running at large of dogs, and to authorize their destruction when 
 at large contrary to ordinance, and to impose penalties on the 
 owners or keepers thereof. 
 
 Thirty-first — To prohibit and restrain the rolling of hoops, fly- 
 ing of kites, or any other amusements or practices tending to 
 annoy persons passing on the streets or sidewalks, or to frighten 
 horses and teams; to restrain and prohibit the ringing of bells, 
 blowing of horns or bugles, crying of goods, or [and] all other 
 noises, performances and practices tending to the collecting of 
 persons on the streets or sidewalks, by auctioneers and others, 
 for the purpose of business, amusement or otherwise. 
 
 Thirty -second — To abate all nuisances which may injure or 
 affect the public morals, health or comfort, in any manner they 
 may deem expedient. 
 
 Thirty-third — To do all acts and make all regulations which 
 may be necessary or expedient for the protection and promotion 
 of health and the suppression of disease. 
 
 dliirty-fiourth — To compel the owner of any grocery, cellar, 
 soap or tallow chandler, or blacksmith shop, tanneries, stable. 
 
CHARTER. 
 
 17 
 
 privy, sewer or any other unwholesome or nauseous house or 
 place, to cleanse, remove or abate the same as may be necessary 
 for the health, cotnfort and convenience of the inhabitants. 
 
 Thirty -fifth — To direct the location and regulate the manage- 
 ment and construction of breweries, tanneries, blacksmith shops, 
 founderies, livery stables and packing houses; to direct the loca- 
 tion and regulate the management and construction of, and re- 
 strain, abate and prohibit, within the city, and to the distance of 
 one mile from the limits thereof, distilleries, slaughtering estab- 
 lishments, establishments for [steaming] or rendering lard, tal- 
 low, oftal and such other substances as. may be rendered, and all 
 other establishments or other places where any nauseous, olFen- 
 sive or unwholesome business may be carried on. 
 
 Thirty-sixth — To regulate the burial of dead: to establish one 
 or more cemeteries; to regulate the registration of biiths and 
 deaths; to direct the returning and keeping of bills of mortality, 
 and to impose penalties on physicians and sextons, and others, 
 for any default in the premises. 
 
 Thirty-seventh — To provide for the taking an enumeration of 
 the inhabitants of the city. 
 
 Thirty-eighth — To erect and establish a work- house or house 
 of correction, make all necessary regulations therefor, and appoint 
 all necessary keepers or assistants in such work-house or house of 
 correction, in which may be confined all vagrants, stragglers, idle 
 and disorderly persons, who may be committed thereto by any 
 proper officers, and all persons sentenced by any criminal court 
 or magistrate court, in and for the city, for any assault and bat- 
 tery, petit larceny or other misdemeanor or breach of ajiy ordi- 
 nance of the city, punishable by imprisonment in any county jail; 
 and any person who shall fail or neglect to pay any fine, penalty, 
 or costs imposed by any ordinance of the city, for any misde- 
 meanor or breach of any ordinance of the city, may, instead of 
 being committed to the county jail of Knox county, be kept 
 therein, subject to labor and confinement. 
 
 Thirty-ninth — To authorize and direct the taking up, and pro- 
 viding for the safe-keeping and education, for such periods of 
 time as may be deemed expedient, of all children who are desti- 
 tute of proper parental care. 
 
 Fortieth — To fill up, drain, cleanse, alter, relay, repair and 
 regulate any grounds, lots, yards, cellars, private drains, sinks 
 and privies, direct and regulate their construction, and cause the 
 expenses thereof to be assessed and collected in the same manner 
 as sidewalk assessments. 
 
 Forty-first — To direct and control the laying and construction 
 of railroad tracks, brjdges, turn-outs and switches, in the streets 
 
18 
 
 CHARTER. 
 
 and alleys, and the location of depot grounds within the city; to 
 require that railroad tracks, bridges, turn-outs and switches 
 shall be so constructed and laid out as to interfere as little as 
 possible with the ordinary travel and use of the streets and alleys, 
 and that sufficient space shall be left on either side of said tracks 
 for the safe and convenient passage of teams and persons; to re- 
 quire railroad companies to keep in repair the streets through 
 which their tracks may run; and to construct and keep in repair 
 suitable crossings at the intersections of streets and alleys, and 
 sewers, and ditches and culverts, when the City Council shall 
 deem necessary; to direct and prohibit the use, and regulate the 
 speed of locomotive engines within the inhabited portions of the 
 city; to prohibit and restrain railroad companies from doing 
 storage or warehouse business, or collecting pay for storage. 
 
 Forty-second — The City Council shall have power to pass, pub- 
 lish, amend and repeal all ordinances, rules and police regulations, 
 not contrary to the constitution or laws of the United States, or 
 of this State, for the good government, peace and order of the 
 city, and the trade and commerce thereof, that may be necessary 
 or proper to carry into effect the powers vested by this act in the 
 corporation, the city government or any department or office 
 thereof; to determine what shall [be a] nuisance, and provide for 
 the punishment, removal and abatement of the same; to enact 
 and enforce the observance of all such rules, ordinances and police 
 regulations, and to punish violations of the same by fines, penal- 
 ties and imprisonment in the county jail, city prison or work- 
 house, or both, in the discretion of the court or magistrate before 
 whom conviction may be had; but no fine or penalty shall exceed 
 five hundred dollars; nor the imprisonment six months, for any 
 offense; and such fine or penalty may be recovered, with costs, 
 in an action of debt, in the name or for the use of the city, before 
 any court having jurisdiction, or by presentment or indictment in 
 the Circuit Court; and any person upon whom any fine or penalty 
 is imposed, shall stand committed until the payment of the same 
 and costs; and in default thereof, may be imprisoned in the 
 county jail, city prison, work-house, or required to labor on the 
 streets or other public works of the city, for such time and in 
 such mannei' as may be provided by ordinance. 
 
CHARTER. 
 
 19 
 
 ARTICLE SIXTH. 
 
 OF TAXATION. 
 
 General Taxes. | Second — and Street Taxes. 
 
 Section 1. The City Council shall have power, within the 
 city, by ordinance. 
 
 First — To levy and collect, annually, [taxes] on all real and 
 personal estate and property, within the city, and all personal 
 property of the inhabitants thereof made taxable by the laws of 
 the State for State purposes, to defray the general and contin- 
 gent expenses of the city, not herein otherwise provided for; 
 which taxes shall constitute the general fund. 
 
 ISecond — To require every male resident of the city, over the 
 age of twenty-one years and under fifty years, to labor three days 
 in each year upon the streets and alleys of the city; but any per- 
 son may, at his option pay, in lieu thereof, one dollar for each 
 day required: Provided^ the same shall be paid within ten days 
 after notification by the Street Commissioner. In default of pay- 
 ment, as aforesaid, the sum of three dollars and costs may be col- 
 lected and no set-off shall be allowed in any suit brought to 
 collect the same. 
 
 ARTICLE SEVENTH. 
 
 OF ASSESSMENTS FOR OPENING STREETS AND ALLEYS. 
 
 Section. 
 
 1. Power to open streets, etc. 
 
 2. Notice to be given of opening of streets. 
 
 3. Buildings to be removed that interfere 
 
 with improvements of streets, and 
 damages assessed. 
 
 4. Notice. 
 
 5. Sale of such building. 
 
 Section. 
 
 6. Mode of assessing damages. 
 
 7. Public notice in certain cases. 
 
 8. Power of City Council to appoint Com- 
 
 missioners and remove the same. 
 
 9. Damages to be paid before street is 
 
 opened. 
 
 10. Appeals. 
 
 11. Proceedings against minors. 
 
 Section 1. The City Council shall have power, upon the ])eti- 
 tion of the owners of two-thirds of the property fronting thereon, 
 and, without such petition, by the unanimous vote of the City 
 Council, to open and lay out public grounds or squares, streets, 
 alleys and highways, or sections thereof, and to alter, widen, con- 
 struct straighten and discontinue the same; but no street, alley 
 or highway, or any part thereof, shull be discontinued or con- 
 tracted without the consent, in writing, of all persons owning 
 land or lots adjoining said street, alley or highway. The City 
 
20 
 
 CHARTER. 
 
 Council shall cause all streets, alleys and highways, or public 
 squares and grounds, laid out by them, to be surveyed, described 
 and recorded in a book to be kept l)y the Clerk, showing accu- 
 rately and particularly the proposed improvements and the real 
 estate required to be taken; and the same, w'hen opened and made, 
 shall be public highways and public squares. 
 
 § 2. Whenever any street, alley or highway, public ground or 
 square, is projDOsed to be laid out, opened, altered, widened, or 
 straightened, by virtue hereof, and the amount of compensation 
 cannot be agreed upon, the City Council shall give notice of their 
 intention to appropriate and take the land necessary for the same 
 to the owner thereof, by publishing said notice by two insertions 
 in a weekly paper, or six insertions in a daily paper, in the newspa- 
 per publishing the ordinances of the city; at the expiration of which 
 time they shall appoint three disinterested freeholders, residing 
 in the city, as commissioners, to ascertain and assess the damages 
 and recompense due the owmers of said real estate, respectively, 
 and at the same time, determine what persons will be beneiitted 
 by such improvement, and assess the damages and expenses 
 thereof, on the real estate in the neighborhood of the improve- 
 ment beneiitted thereby, in proportion, as near as may be, to the 
 benefits resulting to each. A majority of the Councilmeii author- 
 ized by law to be elected, shall be necessary to a choice of com- 
 missioners. The commissioners shall be sworn faithfully and 
 impartially to execute their duties, to the best of their abilities, 
 before entering upon their duties; they shall give at least five 
 days’ personal notice of the time and place of their meeting for 
 the purposes of viewing the premises and making their assess- 
 ments; which notice shall be given only to the owners who are 
 residents thereof and known. They shall view the premises, and, 
 in their discretion, receive any legal evidence, and may, if neces- 
 sary, adjourn from day to day. 
 
 § 3. If there should be any buildings standing, in whole or in 
 part, upon the land to be taken, the commissioners, before pro- 
 ceeding to make their assessment, shall first estimate and deter- 
 mine the whole value of such building to the owner, aside from 
 the value of the land, and the actual injury to him in having such 
 building taken from him; and secondly, the value of such build- 
 ing to him, to remove. 
 
 § 4. At least five days’ notice shall be given to the owner, 
 of such determination, when known and a resident of the city, 
 wliich may be given personall}", or in writing left at his usual 
 place of abode. If a non-resident, or unknown, like notice to all 
 persons interested shall be given, by one publication in the news- 
 paper publishing the ordinances of the city. Such notice shall 
 
CHARTER. 
 
 21 
 
 specify the buildings and the award of the commissioners. It 
 shall also require the persons interested to appear, by a day 
 named therein, not exceeding thirty days, or give notice of their 
 election to the City Council, either to accept the award of the 
 commissioners, and allow such building to be taken, with the 
 land condemned or appropriated, or of their intention to receive 
 such building at the value set thereon by the commissions, to 
 remove. If the owner shall agree to remove such building, he 
 shall have reasonable time for that purpose as the City Council 
 may direct. 
 
 § 5. If the owner refuses to take the building at its appraised 
 value, to remove, or fail to give notice of his intention as afore- 
 said, within the time prescribed, the City Council shall have 
 power to direct the sale of such building, at public auction, for 
 cash, or on a credit, giving five days’ public notice of the sale. 
 The proceeds of the sale shall be paid to the owner or deposited 
 to his use. 
 
 § 6. In making their assessment, the said commissioners shall 
 ascertain the value of the land taken, and all expenses of the 
 improvement and damages occasioned tliereby, and then assess 
 upon the property in the neighborhood benefitted, in fair propor- 
 tions, a sum sufficient to cover the whole amount thereof; which 
 shall be yjaid by the owtiers, respectively, and be a lien upon the 
 property upon which it may be assessed, and collected as other 
 taxes are collected, by sale of the land, or otherwise. The value 
 of the land taken from any owner shall be a credit to him on the 
 assessment against him for his share of the improvement; and, if 
 more, the difference sliall be ]Kiid him in money' before the land 
 is taken. Said commissioners shall particularly describe the 
 land and parcels on which either assessment may be made, and 
 make a return of their proceedings and assessments to the City 
 Council, within ten days after its completion. 
 
 § 7. The Clerk shall give ten days’ notice, by one publication 
 in the newspaper publishing the ordinances of the city, that such 
 assessment has been returned, and on the day to l)c specified 
 therein, will be acted upon by the C’ity Council, unless objections 
 are made to the same by some person interested. Olqections 
 may be heard before the City Council, and the hearing may be 
 adjourned from day to day. The Council shall have power, in 
 their discretion, to alter, confirm or annul the assessment. If 
 annulled, all the proceedings shall be void. If altered or con- 
 firmed, an order shall be entered, directing a warrant to issue for 
 the collection thereof. 
 
 § 8. The City Council shall have power to remove tlui com- 
 inissioricrs, and, from time to time, appoint others in place of 
 
CH ARTEK. 
 
 
 
 such as may be removed, refuse, neglect, or are unable, from any 
 cause, to serve. 
 
 § 0. The land required to be taken for the making, opening, 
 widening, straightening or altering an-y street, alley or other high- 
 way or public ground, or square, shall not be appropriated until 
 the damages awarded therefor, to any owner thereof, under this 
 act, shall be paid or tendered to such owner or his agent, or in 
 case such owner or agent cannot be found in the city, deposited 
 to his or their credit, in some safe place of deposit, other than 
 the hands of the treasurer; and then, and not before, such lands 
 may be taken and appropriated for the purpose required in mak- 
 ing such improvements; and such streets, alleys or other highways 
 or public ground may be made and opened. 
 
 g 10. Any person interested may appeal from any final order 
 of the City Council for opening, widening, altering or straighten- 
 ing any street, alley or other highway or public ground, to the 
 police court or Circuit Court. After the passage of said final 
 order, said court to determine such appeal, and confirm or annul 
 the proceedings; from which appeal no judgment or writ of error 
 shall lie. Upon trial of the appeal, all questions involved in said 
 proceedings, including the amount of damages shall be open to 
 investigation, by affidavit or oral testimony adduced to the court, 
 or upon applications of the city, or any party, the amount of 
 damages may be assessed, by a jury, in said court, without for- 
 mal pleadings, and judgment rendered accordingly. The court 
 shall not set aside the proceedings or final order of the Council, 
 for any omission or informality, without injury has resulted 
 therefrom. 
 
 § 11. ^Yhen any owner known, or other person having an in- 
 terest in any real estate, residing in the city or elsewhere, shall 
 be an infant, and any proceedings shall be had under this act, 
 the judge of the Circuit Court, or any judge of a court of record, 
 may, upon the application of the City Council, or such infant, or 
 his next friend, appoint a guardian for such infant, taking security 
 from such guardian for the faithful execution of such trust: and 
 all notices and summons required by this act shall be served on 
 such guardian, and the final determination of either the Common 
 Council or court in the premises shall be conclusive on such in- 
 fant, and the proceedings shall not be opened at any time there- 
 after. 
 
CHARTER. 
 
 23 
 
 ARTICLE EIGHTH. 
 
 PUBLIC IMPROVEMENTS, AND ASSESSMENTS THEREFOR. 
 
 Section. Section. 
 
 1. Power to improve Streets, Scxuares, &c. 3. Removal of Nuisances. 
 
 2. City Taxes. 
 
 Section 1. The City Council shall have power, from time to 
 time, upon the petition of the owners of two-thirds of the property 
 fronting thereon, or without such petition, by the unanimous vote 
 of the Council, to cause any street, alley or other highway or sec- 
 tion thereof, to be graded, regraded, leveled, paved or planked, 
 and keep the same in repair, and alter and change the same; to 
 cause side and cross walks, main drains and sewers, and private 
 drains or sections thereof, to be constructed and laid, relaid 
 cleansed and repaired, and regulate the same; to grade, improve, 
 protect and ornament any public square or other public ground 
 now or hereafter laid out. 
 
 § 2. The City Council shall have power to assess and collect 
 of the owners of lots or real estate on any street or other highway, 
 or any part thereof, in the same manner as other city taxes, or in 
 such a manner as may be prescribed by ordinance, all expenses 
 or damages for the purpose of grading, paving or planking such 
 street, sidewalk, pavement or other highway. All owners or 
 occupants of lots or lands in front of, or adjoining, or upon whose 
 premises the City Council shall order and direct sidewalks or 
 private drains or gutters, communicating with any main drain, to 
 be constructed, graded, paved, planked, repaired, relaid or 
 cleansed, or shall declare any such lands or lots to be nuisances, 
 and order the same to be graded, filled up and drained, or other- 
 wise improved, shall make, grade, pave, plank, repair or relay 
 such sidewalk, or make or cleanse such private drain, or grade, 
 fill up, drain or otherwise improve such lot or land, at their own 
 cost atul charges, within the time and in manner prescribed by 
 ordinance or otherwise; and if not done within the time and in 
 the manner prescribed, the City Council may cause the same to 
 be constructed, paved, planked, repaired, relaid, cleansed, filled 
 up, graded, drained or otherwise improved, and assess the expense 
 and damage thereof by an order to be entered in their proceed- 
 ings, upon the lots and lands respectively, and collect the same, 
 by warrant and sale of the premises, as in other cases. A suit 
 may also be maintained against the owner of such premises, for 
 the recovery of such expenses, as for money p.aid and laid out to 
 his use {)d his request. 
 
24 
 
 CHARTER. 
 
 § 3. Ill all cases where expenses may be incurred in the re- 
 moval of any nuisance, the City Council may cause the same to be 
 assessed against the real estate chargeable therewith, in the 
 same manner prescribed in the foregoing section. Such expenses 
 may be likewise collected by the owner or occupant of such 
 premises, in a suit for money expended to his or their use; and 
 in case the same should not be chargeable to any real estate, suit 
 may in like manner be brought for such expenses against the 
 author of such nuisances, if known, or any person whose duty 
 may be to remove or abate the same. 
 
 § 4 . The City Council shall have power to compel the owners 
 of lots or grounds fronting or adjoining any public or private 
 alley to keep the same clean, and, if necessary, to direct the same 
 to be paved, planked or otherwise, and the costs thereof to be 
 assessed and collected in the same manner as sidewalk assess- 
 ments. 
 
 ARTICLE NINTH. 
 
 COLLECTION OF TAXES AND ASSESSMENTS. 
 Section. Section. 
 
 1. Assessment lists to be returned. 9. Manner of conducting sales. 
 
 2. Assessment list to be filed. . 10. Right of redemption. 
 
 4. Warrants for taxes. I 11. Assignees. 
 
 6. Treasurer to have powers of County | 
 
 Collectors. > 
 
 Section 1. The annual assessment list shall be returned by 
 the Assessor on or before the first day of x\ugust in each year; 
 liut the time may be extended by the City Council. On the re- 
 turn thereof the City Council shall fix a day for hearing objec- 
 tions thereto: and the Clerk shall give one week’s notice of the 
 time and place of such hearing, by one publication in the news- 
 paper publishing the ordinances of the city; and any person feel- 
 ing aggrieved by the assessment of his property, may appear at 
 the time specified and make his objections. The City Council 
 shall have power to supply omissions in said assessment lists, 
 and, for the purpose of equalizing the same, to alter, add to, take 
 from, and otherwise correct and revise the same, or to refer the 
 same back to the Assessor, with instructions to revise and correct 
 the same; and the Treasurer shall have power to add to and sup- 
 ply omissions by the Assessor, after the warrant shall have come 
 into his hands. 
 
 § 2. When the assessment lists have been corrected and re- 
 vised, the same shall be filed, and an order confirming the same. 
 
CHARTER. 
 
 25 
 
 and directing the warrant to be issued for the collection thereof, 
 shall be entered by the Clerk. The City Council shall, there- 
 upon, by an ordinance or resolution, levy such sum or sums of 
 money as may be sufficient for the several purposes for which 
 taxes are herein authorized to be levied, not exceeding the author- 
 ized percentage, and in their discretion specifying the purposes 
 for which the same are levied, and, if not for general purposes, the 
 division of the city upon which the same are laid. 
 
 § 3. All taxes and assessments, general or special, levied or 
 assessed by the City Council, under this act, or any ordinance in 
 pursuance thereof, shall be a lien upon the real estate upon which 
 the same may be imposed, voted or assessed, for two years from 
 and after said first day of August, and on personal estate from 
 and after the delivery of the warrant for the collection thereof, 
 until paid; and no sale or transfer shall affect the lien. Any per- 
 sonal property belonging to the debtor may be taken and sold for 
 the payment of taxes on real estate, [and the real estate] shall 
 be liable for taxes on personal estate in case of removal: Pro- 
 vided^ that in case the collection of any assessment shall be de- 
 layed, by injunction or other judicial proceedings, the same shall 
 continue a lien, unless set aside, upon the real estate, for the 
 period of two years from and after the final disposition of such 
 injunction or other judicial proceeding. 
 
 § 4. The Clerk shall issue a warrant or warrants for the taxes, 
 and rule therein separate columns, in which the tax levied shall 
 be respectively set down opposite the name of the person or such 
 real estate subject thereto. Each column shall be headed with 
 the name of the tax therein set down. 
 
 § 5. All warrants issued for the collection of general or 
 special taxes and assessments, shall be signed by the Mayor and 
 Clerk, with the corporate seal thereto attached, and shall contain 
 true and perfect copies of the corrected assessment*^ lists upon 
 which the same may be collected, and shall be delivered to the 
 Treasurer for collection, by the first day of October unless further 
 time be given by the City Council, of which he shall give notice 
 by publication in the newspaper publishing the city ordinances. 
 The Treasurer shall, thereupon, proceed to the collection of said 
 taxes; but he shall in no case be compelled to make personal call 
 or demand for the same. If not otherwise paid by the first day 
 of January following, the Treasurer sliall have power to collect 
 said taxes, with interest and costs, by suit, iji tlie corporate name 
 of the city, or by distress and sale of personal property. And the 
 Treasurer shall be a competent witness, and the warrant to him, 
 as aforesaid, evidence on the part of said city. 
 
 § 6. All taxes or assessments, general or special, shall be col- 
 
26 
 
 CHARTER. 
 
 lected by the Treasurer, in the same manner and with the same 
 power and authority, as is given by law to the collectors of county 
 and State taxes; and his duty in regard to returning warrants and 
 settling with the city, and his liabilities in case of default or mis- 
 conduct, shall be the same as prescribed by law: Provided^ the 
 
 City Council shall have power to prescribe the powers, duties and 
 liabilities of the Treasurer by ordinance. 
 
 § 7. In case of the non-payment of any taxes or assessments, 
 levied or assessed under this act, by the first day of January of 
 each year, the premises may be sold at any time thereafter, within 
 two years. Before such sale an order shall be made by the City 
 Council, which shall be entered at large on the journals or records, 
 particularly describing the delinquent premises to be sold, and 
 the amount of taxes for which the sale shall be made, besides the 
 costs, which costs need not then be ascertained, and directing 
 sale thereby to be made by the Treasurer; a certified copy of 
 which order, under the corporate seal, signed by the Mayor or 
 presiding officer and Clerk, shall be delivered to the Treasurer, 
 and shall constitute the process upon which such sale shall be 
 made. 
 
 § 8. The Treasurer shall then advertise such premises, in the 
 newspaper publishing the ordinances of the city, for sale, at least 
 thirty days from and after the first publication of such notice, 
 describing the premises by figures or otherwise, with the name of 
 the owner, when known, and the several amounts of the taxes and 
 assessments thereon and costs. Said notice shall also contain the 
 time and place of sale, and shall be published at least four times. 
 The proceedings for the sale of any piece of ground may be 
 stopped, at any time, on the payment of taxes and interest, with 
 expense of advertising the same. 
 
 § 9. All sales shall be conducted in the manner required by 
 law; but the City Council shall have power to prescribe the man- 
 ner of conducting the same. The sale shall be made for the 
 smallest portion of ground, to be taken from the east side of the 
 premises, for which any person will take the same and pay the 
 taxes or assessments thereon, with interest, and costs of sale. 
 Duplicate certificates of sale shall be made and subscribed by the 
 Treasurer, one of which shall be delivered to the purchaser, and 
 the other filed in the office of the Clerk; which certificate shall 
 contain the name of the purchaser, a description of the premises 
 sold, the amount of taxes or assessments, with the interest and 
 expenses for which the same was sold, and when the time to 
 redeem will expire. The Treasurer will be allowed the same 
 fees for selling as are allowed by law for similar services, or his 
 fees may be regulated by ordinance. The Clerk shall keep a 
 
CHARTER. 
 
 27 
 
 record of such sales, which shall be open to the public inspec- 
 tion at all reasonable times. 
 
 § 10. The right of redemption, in all cases for sales for taxes 
 or assessments, shall exist to the owner, his heirs, creditors or 
 assigns, to the same extent that it is allowed by law in cases of 
 sales of real estate for taxes, on the payment, in specie, of double 
 the amount for which the same was sold; and all taxes accruing, 
 chargeable or paid on the premises, subsequent to the sale with 
 interest; but infants, femmes covert or lunatics shall have no 
 other or further rights of redemption than other persons. In case 
 of redemption, the money may be paid to the purchaser or to the 
 person entitled to the same, or for him to the City Clerk, who 
 shall make a special deposit thereof with the Treasurer, taking 
 his receipt therefor. If not redeemed according to law, the 
 council, shall, upon the return of the certificate, or proof of its 
 loss, direct a deed to be executed to the purchaser, under the cor- 
 porate seal, signed by the Mayor or presiding officer of the City 
 Council, and countersigned by the Clerk, conveying to such pur- 
 chaser the premises so sold and unredeemed as aforesaid. An ab- 
 stract of all deeds so made and delivered shall be entered by the 
 Clerk in a book wherein tax sales are recorded. A fee of one 
 dollar may be charged by the Clerk for any deed so issued. 
 
 § 11. The assignee of any tax certificate of any premises sold 
 for taxes or assessments, under authority of the city, shall be en- 
 titled to receive a deed of such premises in his own name, and 
 with the same effect as though he had been the original purchaser: 
 Provided^ he or they through whom he claims shall have paid 
 all taxes and assessments made since said sale on said premises. 
 
 § 12. If at any sale of real or personal estate, for taxes or 
 assessments, no bids shall be made for any parcel of land, or any 
 goods and chattels, the same shall be struck off to the city, and 
 thereupon the city shall receive, in the corporate name, a certifi- 
 cate of the sale thereof, and shall be vested with the same rights 
 as other purchasers at such sales. All persons, before they shall 
 be entitled to a deed for premises sold for the non-payment of 
 taxes, shall comply with Section 4, Article 9, of the Constitution 
 of this State, and shall produce to the proper officer the proof 
 thereof. 
 
 § 13. All sales of lands or lots for non-payment of taxes 
 contemplated by this act, and deeds made to purchasers or their 
 assigns for the same, shall convey to the holder of such deed a 
 perfect title in fee simple to said land or lot, and in all suits and 
 controversies in relation thereto, any person claiming such title 
 shall be compelled to prove only the order of the City Council 
 directing the sale, and the process upon which the sale was made, 
 
2S 
 
 CHARTER. 
 
 as provided for in Section 7, of Article 9, of this act; and any per- 
 son claiming title adversely thereto shall be permitted to defeat 
 such title by proving that such land or lot was not subject to tax- 
 ation at the time of the assessment, or that the taxes were paid, 
 or land or lot redeemed according to the provisions of this act; 
 but no person shall be permitted to question the title acquired by 
 said deed, without first showing that he or they, or those under 
 whom he or they claim, have paid the full amount of taxes, costs, 
 expenses and assessments made on said land or lot since said sale 
 for taxes, or that the same has been deposited with the city Treas- 
 urer for the use of the one entitled to receive it. 
 
 ARTICLE TENTH. 
 
 FIRE DEPARTMENT. 
 
 Section. 
 
 Eighth — To regulate partitions, walls, 
 etc. 
 
 Ninth— Yo regulate scuttles in roofs. 
 Tenth — To give authority at fires, etc. 
 
 Eleventh— To establish general regula- 
 tions. 
 
 :i. City Council may procure fire engines, 
 etc. 
 
 Organizing fire companies. 
 Second — Fire companies. 
 
 Regulating the same. 
 
 Engineers of fire department. 
 
 Section 1. The City Council, for the purpose of guarding 
 against the calamities of fire, shall have power to prohibit the 
 erection, placing or repairing of wooden buildings, within the 
 limits prescribed by them without their permission, and direct 
 and prescribe that all buildings within the limits prescribed shall 
 be made or constructed of fire-proof materials, and to prohibit the 
 rebuilding of wooden buildings; to declare all dilap'i dated build- 
 ings to be nuisances, and direct the same to be repaired, removed 
 or abated in such manner as they shall prescribe and direct; to 
 declare all wooden buildings which they may deem dangerous to 
 contiguous buildings, or in causing or promoting fires, to be nui- 
 sances, and require and cause the same to be removed or abated 
 in such a manner as they shall prescribe. 
 
 § 2. The City Council shall have power, 
 
 First — To regulate the construction of chimneys and flues, so 
 as to admit of chimney sweeps or other mode of cleaning, and to 
 compel the sweeping and cleaning of chimneys. 
 
 Section. i 
 
 1. City Council may establish fire limits, i 
 
 2. City Council shall have power— 
 
 First— To regulate the construction of 
 
 chimneys and flues. 
 
 Third— To regulate the deposit of ashes. 
 Fourth— To provide fire buckets. 
 
 Fifth — To prevent dangerous manufacto- 
 ries. 
 
 Sixth— To regulate the using of fire- 
 works. 
 
 Seventh— To regulate the storing of gun- I 
 powder. 1 
 
CHARTER. 
 
 29 
 
 /Second — To prevent and prohibit the dangerous construction 
 of chimneys, flues, fire-places, stove pipes, ovens or any other 
 apparatus, used in or about any building or manufactory, and to 
 cause the same to be removed or placed in a secure and safe con- 
 dition, when considered dangerous. 
 
 Third — To prevent the deposit of ashes in unsafe places, and 
 to appoint one or more officers to enter into all buildings and en- 
 closures, to examine and discover whether the same are in a dan- 
 gerous state, and to cause such as are dangerous to be put in a 
 safe condition. 
 
 Tourth — d'o require the inhabitants to ^provide as many fire 
 buckets, and in such manner and time, as they shall prescribe, 
 and t<) regulate the use thereof in times of tire; and to require all 
 owners and occupants of buildings to construct and keep in re- 
 pair wells or cisterns upon their premises. 
 
 Fifth — To regulate and prevent the carrying on of manufac- 
 tories and works dangerous in promoting and causing fires. 
 
 Sixth — To regulate, prevent and prohibit the use of fireworks 
 and fire-arms. 
 
 Seventh — To prohibit or have the management of houses for 
 storing of gunpowder, or direct and prohibit other and dangerous 
 materials within the city, to regulate the keeping and conveying 
 of the same, and the use of candles and other lights in stables and 
 other like houses. 
 
 Eighth — To regulate and prescribe the manner, and order the 
 building of parapets and walls and of partition fences. 
 
 Ninth — To compel the owners or occupants of houses or other 
 buildings to have scuttles in the roofs, and stairs or ladders lead- 
 ing to the same. 
 
 Tentii — To authorize the Mayor, fire wardens or other officers 
 of the said city, to keep away from the fire all and any suspicious 
 persons, and to compel all officers of the city and all other persons 
 to aid in the extinguishment of fires and in the preservation of 
 property exposed to damage or danger thereat, and in preventing 
 goods from being stolen. 
 
 Eleventh — And, generally, to establish such regulations for the 
 prevention and extinguishment of fires, as the City Council may 
 deem expedient, 
 
 § 3. Tlie City Council may procure fire engines and all other 
 apparatus used for the extinguishment of fires, and have the 
 charge and control of the same, and provide, secure and fit houses 
 and other places for keeping and preserving the same; and shall 
 have power. 
 
 First — [To] organize fire, hook, hose, axe and ladder companies. 
 
 Second — To appoint, during their pleasure, a competent num- 
 
30 
 
 CHARTER. 
 
 ber of able and reputable inhabitants of the city, firemen, to take 
 the care and management of the engines and other apparatus and 
 implements used and provided for the extinguishment of fires. 
 
 Third — To prescribe the duty of firemen, and to make rules 
 and regulations for the government, and to impose reasonable 
 penalties upon them for violation of the same, and for incapacity, 
 neglect of duty or misconduct, to remove them. 
 
 Fourth — The City Council shall have power to appoint a cliief 
 and assistant engineers of the fire department, and they, with the 
 other firemen, shall take the care and management of the engines 
 and other apparatus apd implements provided and used for the 
 extinguishment of fires, and their powers and duties shall be pre- 
 scribed and defined by the City Council. 
 
 ARTICLE ELEVENTH. 
 
 BOARD OF HEALTH. 
 
 Section. 
 
 1. How constituted. 
 
 2. Visiting of sick persons. 
 
 3. Infectious or contagious diseases. 
 
 Section. 
 
 4. Powers and penalties. 
 
 5. Other powers of health officers. 
 
 6. Physicians required to report cases. 
 
 Section 1. The Board of Health shall consist of three or more 
 commissioners, to be appointed annually by the City Council; 
 and the Mayor or the presiding officer of the City Council shall be 
 president of the board; and the City Clerk shall be their clerk, 
 and keep minutes of their proceedings. 
 
 § 2. It shall be the duty of health officers to visit every sick 
 person who may be reported to them, as hereinafter provided, 
 and to report, with all convenient speed, their opinion of the 
 sickness of such person to the Clerk of the Board, and to visit 
 and inspect all houses or places in which they may suspect any 
 person to be confined with any pestilential or infectious disease, 
 or to contain unsound provisions or damaged or putrid animal or 
 vegetable matter, or other unwholesome articles, and to make re- 
 port of the state of the same, with all convenient speed, to the 
 Clerk of the Board. 
 
 § 3. All persons in the city, not residents thereof, who may 
 be infected with any pestilential or infectious disorder, or all 
 things which, in the opinion of the Board, shall be infected by or 
 tainted with pestilential matter, and ought to be removed, so as 
 not to endanger the health of the city, shall by order of said 
 Board, be removed to some proper place, not exceeding five miles 
 beyond the limits of the city, to be provided by the Board, at the 
 
CHARTER. 
 
 31 
 
 expense of the person to be removed, if able; and the Board may 
 order any furniture or wearing apparel to be destroyed, whenever 
 they may deem it necessary for the health of the city, by making 
 just compensation. 
 
 § 4. The City Council shall have power to prescribe the pow- 
 ers and- duties of the Board of Health, and to punish, by fine or 
 imprisonment, or both, any refusal or neglect to observe the 
 orders and reg-ulations of the Board. 
 
 § 5. The health officers may be authorized by the City Council, 
 when the public interest requires, to exercise, for the time being, 
 such of the powers and perform such of the duties of marshal or 
 street commissioner as the City Council may, in their discretion, 
 direct, and shall be authorized to enter all houses and other 
 places, private or public, at all times, in discharge of any duty 
 under this act or any ordinance. 
 
 § 6. Every person practising physic in this city, who shall 
 have a patient laboring under any malignant, infectious or pes- 
 tilential disease, shall forthwith make report thereof, in writing, 
 to the Clerk of the Board, and for neglect to do so shall be con- 
 sidered guilty of a misdemeanor, and liable to a fine of fifty dol- 
 lars, to be sued for and recovered, with costs, in an action of debt, 
 in any court having cognizance thereof, or before a Justice of the 
 ^Peace, for the use of said city. 
 
 ARTICLE TWELFTH. 
 
 MISCELLAI'JEOUS PROVISIONS. 
 
 Section. 
 
 1. Yearly statement of finances to be 
 published. 
 
 3. Street commissioner’s power further 
 defined. 
 
 6. Cedar Fork, or branch of. 
 
 7. Survey of city property; establishing 
 
 boundaries of streets. 
 
 8. Street commissioner liable for neg- 
 
 lect. 
 
 9. Fines and penalties. 
 
 10. Vote not to be rescinded unless, etc. 
 
 11. Cemetery. 
 
 Section. 
 
 12. Publication of certain notices. 
 
 13. Actions and suits at law. 
 
 15. Justices of the peace. 
 
 16. Executions. 
 
 17. Injuries to public property provided 
 
 against. 
 
 19. Ordinances previously established. 
 
 21. Corporation property. 
 
 24. Power to enlarge or reduce boundaries. 
 
 26. Officers may aarest, etc. 
 
 27. Digest of ordinances. 
 
 Section 1. The City Council shall, at least ten days before 
 the annual election in each year, cause to be published in the 
 newspaper publishing the ordinances of the city, a correct and 
 full statement of the receipts and exjienditures from the date ol 
 the last annual report, together with the sources from which the 
 
32 
 
 CHARTER. 
 
 former are derived and the mode of disbursement; and also a dis- 
 tinct statement of the whole amount assessed, received and ex- 
 pended in the respective wards and divisions, for making and 
 repairing streets, highways and bridges, for the same period; 
 together with such information as may be necessary to a full 
 understanding of the financial concerns of the city. 
 
 § 2. The inhabitants of the city of Galesburg are hereby ex- 
 empted from w'orking upon any road or highway beyond the 
 limits of the city, and from paying the tax in lieu thereof, with- 
 out said limits. 
 
 § 3. The Street Commissioner shall demand the services of 
 all persons who are required to labor on the streets and alleys of 
 the city, at such time and in such manner as the City Council may 
 
 direct or the Street Commissioner shall deem necessary. He 
 
 «/ 
 
 shall deliver, or cause to be delivered or left at the usual place of 
 abode or business of any person so required to labor, as aforesaid, 
 a written or printed notice, or partly written or printed notice, 
 in such form as the City Council shall prescribe, which notice 
 shall be given at least five days previous to the first day on which 
 he or they are required to labor, requiring such person to appear 
 at such time and place as may be designated for the purpose 
 of laboring upon the streets and alleys; but similar notice, pub- 
 lished for ten days in the newpaper publishing the ordinances . 
 of the city, by the Street Commissioner, or posted up in three 
 public places of the ward or district, shall be deemed sufficient 
 notice to require all persons to appear and labor as aforesaid. 
 Upon the neglect of any person to appear and labor as aforesaid, 
 or to pay the tax in lieu thereof, the collector shall collect of each 
 person, in the same manner as other taxes, the sum of three dol- 
 lars, with his commission for collecting the same added thereto, 
 or the same may be recovered by suit, with costs, as in other cases. 
 
 § 4. The City Council may provide for the payment of the 
 City Attorney’s and prison keeper’s fees, when they cannot be 
 collected from the offender; but said city, or any person prose- 
 cuting on her behalf, shall not, in any case, be compelled to pay 
 or give security for costs before commencing proceedings, nor at 
 any other time, until it is ascertained they cannot be made out of 
 the defendant. 
 
 § 5. All fines, forfeitures and penalties, collected for offenses 
 committed within said city, shall belong to said city, and shall be 
 paid into the treasury thereof by officers collecting the same. 
 
 § 6. The welter course known as Cedar Fork, in said city, or 
 natural branch thereto, shall not be altered, filled or changed, ex- 
 cept in the manner prescribed by the City Council; and the City 
 Council shall have power to establish and direct and prescribe 
 
CHARTER. 
 
 
 
 the manner of altering, changing, straightening, and to wall, fill 
 up, culvert or sewer the same. 
 
 § 7. The City Council shall have power to cause the lots and 
 blocks of the city to be surveyed, platted and numbered in consec- 
 utive numbers, from one upwards, and to designate and number 
 all fractional or other lots or blocks, in such manner as may be 
 prescribed by ordinance; and such plat, designation and numbers, 
 when made and duly recorded, shall be a good and valid descrip- 
 tion of said blocks, lots or fractional blocks; to establish, mark 
 and declare the boundaries and names of streets and alleys; to re- 
 (|uire that all additions hereafter made to said city, or lands ad- 
 joining or within the same, laid out into blocks or lots, shall be 
 so laid out and platted to correspond and conform to the regular 
 blocks, streets and alleys already laid out and established within 
 the city. 
 
 § 8. The Street Commissioner, in addition to the penalties 
 prescribed by ordinance, shall, for willful neglect of duty, be lial)le 
 to indictment and fine. 
 
 § 9. Neither the City Council or Mayor shall remit any fine 
 or penalty imposed for any violation of any of the laws or ordi- 
 nances of said city, or release from confinement, uidess two- 
 thirds of all the Aldermen elected shall vote for such release or 
 remission, nor shall anything in this act be so construed as to oust 
 any court of jurisdiction to abate and remove any nuisance with- 
 in its jurisdiction, by indictment or otherwise. 
 
 § ]0. No vote of the City Council shall be reconsidered or re- 
 scinded at a special meeting, unless the meeting be called, in 
 whole or in part, for that purpose, and the Aldermen be so noti- 
 fied, and unless at such special meeting there be present as large 
 a number of Aldermen as was present when the vote was taken. 
 
 § 11. The cemetery lots which may be laid out and sold by 
 the city or private persons, for private places of burial, shall, with 
 the appurtenances, forever be exempt from execution and attach- 
 ment. 
 
 § 12. Every ordinance, regulation and by-law imposing any 
 penalty, fine, imprisonment or forfeiture, for a violation of its pro- 
 visions, shall, after the passage thereof, l)e pul)lished three days, 
 when there is a daily paper published in said city, otherwise, 
 once in a weekly paper: Promded^ the proof of such publication 
 shall not be necessary, unless it is denied under oath; and such 
 publication may be dispensed with entirely in cases of emergency, 
 by the unanimous vote of the Council; and proof of such publica- 
 tion, by the affidavit of the printer or publisher of such news- 
 paper, taken before any officer authorized to administer oaths, and 
 filed with the clerk, or any other competent proof of such publi- 
 
 3 
 
84 
 
 CHARTER. 
 
 cation, shall be conclusive evidence of the legal publication and 
 promulgation of such ordinance, regulation or by-law, in all courts 
 and places. 
 
 § 13. All actions brought to recover any penalty or forfeiture 
 incurred under this act, or any ordinance, by-law or police regu- 
 lation made in pursuance thereof, may be brought in the corpo- 
 rate name. It shall be lawful to declare generally, in debt, for 
 such penalty, fine or forfeiture, stating the clause of this act, or 
 the by-law or ordinance under which the penalty or forfeiture is 
 claimed, and to give the special matter in evidence under it; or 
 the defendant may be tried by presentment in the court of com- 
 mon pleas. 
 
 § 14. In all prosecutions for any violation of any ordinance, 
 by-law or other regulation, the first process shall be a summons, 
 unless oath or affirmation be made for warrant, as in other cases; 
 and the Council may provide for issuing the warrant, in the in- 
 stance, without oath. 
 
 § 15. The City Council shall have power to designate one or 
 more Justices of Peace or Police Magistrates in said city, who 
 shall have jurisdiction in any actions for the recovery of any fine, 
 penalty or forfeiture under this act, or any ordinance, by-law or 
 police regulation, anything in the laws of this State to the con- 
 trary notwithstanding. Such Justice shall have power to impose 
 fines and penalties, not exceeding the amount authorized by the 
 Constitution of the State. 
 
 § 16. Execution may issue immediately on rendition of judg- 
 ment; and the same execution ma}'^ require that if the defendant 
 has no goods or chattels or real estate within the county of Knox, 
 whereof the judgment can be collected, that the defendant be 
 arrested and confined in the county jail or work-house or city 
 prison, for a term not exceeding six months, as the Council, by 
 ordinance, may determine. And all persons who shall be com- 
 mitted under this section shall be confined one day for each one 
 dollar of such judgment and costs. All expenses incurred in the 
 prosecution for the recovery of any fine, penalty or forfeiture, 
 when collected shall be paid into the city treasury. 
 
 § 17. Any person who shall destroy or injure any bridge or 
 any public building or any other property belonging to the city, 
 or shall cause or procure the same to be injured, shall be subject 
 to a penalty not exceeding five hundred dollars, for such offense, 
 and may be imprisoned, not exceeding six months, in the discre- 
 tion of the court before whom such conviction may be had, and 
 such person shall also be liable in a civil action, at the suit of the 
 city or any person injured thereby, for the damages occasioned 
 by such injury or destruction. 
 
 
CHARTER. 
 
 35 
 
 § 18. No person shall be an incompetent judge, justice, wit- 
 ness or juror, by reason of his being an inhabitant or freeholder 
 in said city of Galesburg, in any action or proceeding in which 
 the said city may be a party in interest. 
 
 § 19. All ordinances, regulations and resolutions now in force 
 in the town of Galesburg, and not inconsistent with this act, shall 
 remain in force, under this act, until altered, modified or repealed 
 by the City Council, after this act shall take effect. 
 
 § 20. All rights, actions, fines, penalties and forfeitures, in 
 suit or otherwise, which have accrued, shall be vested in and 
 prosecuted by the corporation hereby created. 
 
 § 21. All property, real or personal, or mixed, belonging to 
 the town of Galesburg, is hereby vested in the corporation created 
 by this act; and the officers of said corporation now in office shall 
 respectively continue in the same until superseded in conformity 
 to the provisions hereof, but shall be governed by this act; which 
 shall take effect from and after its passage and publication in 
 Galesburg. 
 
 § 22. All ordinances of the city, when printed and published 
 by authority of the City Council, shall be received in all courts 
 and places, without further proof thereof, which shall not be re- 
 quired until denied under oath. 
 
 § 23. The style of all ordinances shall be: it ordained by 
 
 the City Council of the city of Galesburg C 
 
 § 24. Any tract of land adjoining said city which may be laid 
 out into blocks or lots and duly platted, according to law, and any 
 tract of land adjoining the city, with the consent of the owner 
 thereof, shall and may be annexed to said city and form a part 
 thereof, and the City Council shall have power, upon petition of 
 the owner of the property to reduce the boundaries of the city, 
 not exceeding one half mile, in any direction. 
 
 § 25. This act shall not invalidate any legal act done by the 
 president and trustees of Galesburg, or by its officers, nor divest 
 their successors under this act of any rights of property, or other- 
 wise, or liability which may have accrued to or been created by 
 said corporation prior to the passage of this act. 
 
 § 20. All officers of the city, created conservators of the peace 
 by this act, or authorized by any ordinance, shall have power to 
 arrest or cause to be arrested, with or without process, all per- 
 sons who shall break the peace, or threaten to break the peace, 
 or be found violating any ordinance of this city, commit lor 
 examination, and if necessary, detain such persons in custody 
 over night or the Sabbath in the watch-house or other safe place, 
 or until they can be brought before a magistrate; and shall have 
 and exercise such other powers as conservators of the peace, as 
 the City Council prescribe. 
 
30 
 
 CHARTER. 
 
 § 27. There shall be a digest of the ordinances of the city 
 which are of a general nature, published within one year after the 
 passage of this act, and a like digest within ev'^ery period of five 
 years thereafter. 
 
 § 28. This act shall be deemed a public act, and may be read 
 in evidence, without proof, and judicial notice shall be taken 
 thereof in all courts and places, and shall take effect from and 
 after its passage and publication in Galesburg; there being suffi- 
 cient emergency, in the judgment of the legislature to dispense 
 with the lapse of sixty days, before this act goes into effect. 
 
 § 29. The act entitled “An act for the better government of 
 towns and cities, and to amend the charters thereof,” approved 
 February 27, 1854, shall be constituted a part of this chartei- of 
 the city of Galesburg, the same as if specially recited, except that 
 there shall be allowed to said city two police magistrates, and 
 that their jurisdiction shall extend to all causes of action at com- 
 mon law or by statute where the plaintiff’s demand shall not 
 exceed five hundred dollars, and to all cases of misdemeanor com- 
 mitted within the city limits of said city, where indictment is not 
 necessary to a cojiviction. 
 
 Approved, Feb. 14, 1857. 
 
AMENDMENTS TO CITY CHARTER, ETC. 
 
 FIRST AMENDMENT. 
 
 An act to amend the act entitled “An act to incorporate the City of Galesburg.” Ap- 
 proved February 14th, 1857. 
 
 Section. Section. 
 
 1. License proviso repealed. 2. Street improvements. 
 
 Section 1. Be it enacted Jnj the People of the State of Illi- 
 nois., represented in the (General Asse7nbly., That tlie proviso in 
 paragraph thirteen in section three of article five of the act en- 
 titled “An act to incorporate the city of Galesburg,” approved 
 14th February, 1857, lie, and the same is hereby repealed, and the 
 City Council of said city shall have full power to license, tax, 
 regulate, or prohibit and suppress the several pursuits and busi- 
 nesses therein mentioned, as though no such were therein con- 
 tained. 
 
 ^ 2. That article seven of said act be and the same is hereby 
 amended so that in all cases of estimating damages occasioned by 
 the opening or laying out of public grounds or sipiares, streets, 
 alleys or highways, or sections thereof, in said city of Galesburg; 
 or for altering, widening, constructing, straightening or discon- 
 tinuing the same, it shall be lawful to take into consideration the 
 benefits resulting therefrom to the owner of any land taken or 
 affected by such improvement, and instead of pfiyiug to him the 
 value of the land taken for the improvement in money, he shall 
 be entitled only to the value of such land after deducting there- 
 from the value of such irnprovemcmt to him or his ])roperty re- 
 maining in the neighborhood. 
 
 Approved February 19th, 1859. 
 
38 
 
 AMENDMENTS. 
 
 SECOND AxMENDMENT. 
 
 Au act lor the eetablishment of a eystem of Graded Schools in the City of Galesburg. 
 
 Section. 
 
 1. Boundaries of school district. 
 
 2. Division of property. 
 
 3. Transfer of school funds. 
 
 4. Board of education. 
 
 .5. Powers of hoard. 
 
 7. Determining amount of school tax. 
 
 8. Assessment for schools. 
 
 9. Census of children. 
 
 10. Borrowing money. 
 
 11. Election of directors. 
 
 12. Treasurer and clerk. 
 
 13. Loaning permanent fund. 
 
 Section. 
 
 14. Security for loans. 
 
 15. Preferring school debts. 
 
 16. Collection of school moneys, 
 i 17. Judgments and interest. 
 
 18. Increasing securities. 
 
 19. Annual report. 
 
 20. Admission of scholars. 
 
 21. Qualifications for admission. 
 
 22. Purchasing grounds and buildings. 
 I 23. Act, part of the charter. 
 
 1 24. Mode of taking efl'ect. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois., represented in the General Assembly., That all the territory 
 within the limits of the city of Galesburg, Knox county, Illinois, 
 according to its present or future boundaries, is hereby erected 
 into a common school district, to be known as Galesburg School 
 District. 
 
 § 2. All school lands, school funds, and other real or personal 
 estate, notes, bonds or obligations, belonging to township num- 
 ber eleven north, and range one east, of the fourth principal 
 meridian, Knox county, Illinois, held or owned for school pur- 
 poses, shall be divided between the city of Galesburg and the 
 portion of the township without the same, in the proportion and 
 manner following: 
 
 The school trustees for said township shall, within thirty days 
 after the first election contemplated by this act, appoint two com- 
 missioners who are freeholders, one a resident of said city, and 
 the other of said township Avithout the city; who, after being 
 sworn well and truly to discharge their duties, shall ascertain the 
 whole number of white persons under the age of twenty-one 
 years, residing in the whole of said township, and the whole num- 
 ber in said city, and in the township without the city; and there- 
 upon said trustees shall divide and apportion said funds, real and 
 personal estate, notes, bonds and obligations of said township, be- 
 tween the city and township without the city, according to the 
 number of white persons under the age of twenty-one years re- 
 siding in said township. Said trustees shall have power to sup- 
 ply any vacancy occurring among said commissioners. 
 
 § 3. Said trustees or other person or persons having custody 
 
A E X M E N T S . 
 
 39 
 
 or control of said funds or lands, shall pay over and deliver to the 
 board of education of Galesburg school district, the portion of the 
 funds and other personal estate, notes, bonds and obligations, to 
 which the school district may be entitled, and execute and de- 
 liver to the board of education the necessary deeds and other con- 
 veyances for the sale of real estate due said district under said 
 division. 
 
 § 4. The public schools of said district shall be under the ex- 
 clusive management and control of the board of education, to 
 consist of the Mayor of said city, who shall be the president of 
 the board, and one director from each ward of the city, to be 
 known as “The Board of Education of Galesburg; School Dis- 
 trict;” each of whom, with the treasurer and clerk of said board, 
 shall be sworn to discharge their duties with fidelity. 
 
 § 5. Said board shall have exclusive control over the school 
 lands, funds, and other means of said district for school purposes, 
 and shall have full power to do all acts and things in relation 
 thereto, to promote the end herein designed; may sell or lease 
 said lands and other lands or property which may have been or 
 may hereafter be donated, purchased or designed for school pur- 
 purposes in said district, on such terms for cash or credit, and 
 such times as they may see proper. They shall have full power 
 to receive conveyances or donations, and to make the necessary 
 deeds or leases for lands; and all conveyances by the board shall 
 be signed and acknowledged before some competent officer by 
 the president and secretary of said board: Provided^ however, 
 
 that no sale or lease of larid for more than one year shall be made 
 without the concurrence of five members of the board. A major- 
 ity of the directors, with or without the president, shall constitute 
 a quorum for the transaction of business, and in the absence of 
 the president they may appoint one of their own body president 
 pro tempore. The president shall only vote in case of a tie, when 
 he shall have a casting vote. 
 
 ^ 6. Said board shall have full power to purchase or lease sites 
 for school houses, with the necessary grounds therefor. To erect, 
 hire or purchase buildings for school houses, and keep them in re- 
 pair. /To furnish schools with necessary books, fixtures, furniture, 
 apparatus and library or libraries. To establish, conduct and 
 maintain a system of public graded schools, to be kept in one or 
 more buildings, in said district. To supply the insufficiency of 
 school funds for the payment of teachers and other school purposes 
 and expenses, by school taxes, to be levied and collected as herein- 
 after provided. To determine the number, make the appoint- 
 ment, and fix the amount of compensation of teachers within said 
 district, and of all other agents and servants. Provide that the 
 
40 
 
 AMENDMENTS. 
 
 directors shall, in no case, receive any compensation for services 
 as directors. To prescribe the studies to be taught, and books to 
 be used in said schools, including maps, charts, globes, etc. To 
 lay off and divide the said district into smaller districts, and to alter 
 the same, or erect new ones at pleasure. To pass by-laws, rules 
 and regulations to carry their powers into complete execution, and 
 for the government of their own body, their officers agents and ser- 
 vants, and providing for their meetings and adjournments; and 
 generally to have and possess all the rights, powers and authority 
 necessary for the proper establishment and control of an effective 
 system of graded schools within said district. And they shall 
 visit and inspect each and all the schools therein as often as may 
 be necessary. 
 
 ^ 7. It shall be the duty of the Board of Education, and they 
 shall have full power to determine the amount of money needed, 
 and to be raised for school purposes, over and above the amount 
 from the school funds hereinbefore enumerated, or from other 
 sources: Promded^ said board shall not for any one year require 
 
 to be raised more than one-half of one per centum, for the benefit 
 of said schools, on the assessed value of the real and personal 
 })roperty of said city for such year, without a majority of the legal 
 voters of said city authorize them to do so, at an election to be 
 held for that purpose, at such time and conducted in such manner 
 as the boai’d may direct; nor shall said board or said City Council 
 make any loan whatsoever for school purposes without a previous 
 authority by such vote, but with the concurrence of a majority of 
 said voters, it shall be lawful to raise such sum either by taxation 
 or loan, as said board may see proper; and before the first day of 
 August of each year, they shall determine the amount required to 
 be collected by taxation for expenditure for one year from the 
 first day of January then next ensuing, for school purposes gen- 
 erally, and certify the amount to the City Council of Galesburg. 
 
 ^ 8. It shall thereupon be the duty of the City Council to 
 levy said sum on all the real estate and personal property of said 
 city according to the assessment and valuation thereof for the 
 current year, equally, by a certain rate per centum, and collect 
 the same as city taxes are collected. A special column shall be 
 prepared in the city duplicate, headed “school purposes,” in which 
 shall appear the amount of tax for school purposes chargeable 
 against each parcel of real estate, or amount of personal property, 
 and when said taxes are collected, the treasurer shall keep a sep- 
 arate account of the same, and they shall be used and applied for 
 school purposes only, and shall be paid only on the order of said 
 board. 
 
 § 9. It shall be the duty of the board to cause an abstract of 
 
AMEN 7) M E N T S . 
 
 41 
 
 the whole number of white children under the a^e of twenty-one 
 years within said district to be made, and furnish the same, with 
 such further information as is required in sections 36 and 79, of 
 the act to establish and maintain a system of free schools, ap- 
 proved February 16th, 1857, to the school commissioner of Knox 
 county, Illinois, within ten days after the same shall have been 
 ascertained. And the school commissioner shall pay annually to 
 the said board for the exclusive use of said district, the amount 
 the district is entitled to receive from the funds that are or may 
 be in his hands, subject to distribution for the support and benefit 
 of the schools in said county, in accordance with the provisions 
 of the free school law now in force, the same as if no special char- 
 ter had been conferred upon the schools of the city of Galesburg. 
 
 § 10. The City Council of the city of Galesburg is hereby 
 vested with full power to borrow such sums of money, being sub- 
 ject to the restriction contained in the seventh section of this act, 
 as they may deem necessary for school purposes in said district, 
 at a rate of interest not exceeding ten per centum per annum, 
 which may be made payable semi-annually at such place as may 
 be agreed upon, and the money when so borrowed shall be placed 
 under the control of the Board of Education. 
 
 ^ 11. The Board of Education shall be elected by all the (jual- 
 ified voters of said school district, but one director shall reside 
 in each of the wards of said city, and be a householder and free- 
 holder thereof. The directors shall hold their offices three years 
 from the day of their election, except that one-third of the first 
 board elected under this act shall retire from office at the expiration 
 of the first year, one-third at the expiration of the second year, and 
 o!ie-third at the expiration of the third year; and the period of 
 their retirement shall be decided as follows: The Clerk of the 
 
 City Council shall take six strips of paper, on two of which he 
 shall write the words “one year;” on two, “two years;” another, 
 “three vears;” each member elect shall di’aw, and shall serve the 
 period of time indicated by the words on the paper which he 
 draws. 
 
 An election shall be held annually at the place where the City 
 Council of Galesburg hold their meetings, on the first Monday of 
 .lune, at the first of which all of said directors shall be chosen, 
 and at each election thereafter, successors to the directors whose 
 terms are about to expire. For the first election, the election 
 officers shall be appointed by the City Council of Galesburg, 
 notice thereof being published by said Council ten days before 
 the election, in a newspaper of said city, but for each subsequent 
 election said appointment shall be made by the Board of Educa- 
 tion, and notice given by them as aforesaid, and for what wards 
 
AMENDMENTS. 
 
 4 :-> 
 
 directors are to be chosen; and said election shall in every other 
 particular — the supplying of vacancies in the officers thereof, sub- 
 stituting the place for holding the election, conducting the elec- 
 tion, making the returns, etc., etc., be governed by the ordinance of 
 the city of Galesburg in force at the time of election. Said board 
 shall be the judges of the election and the qualifications of their 
 members, and in determining the same shall be governed by the 
 city ordinance as aforesaid. 
 
 All officers under this act shall hold their offices until the elec- 
 tion and qualification of their successors. Removal from his ward, 
 and not out of the city,, by any director, shall not vacate his office, 
 and whenever any vacancy shall occur in the office of director, 
 the City Council of Galesburg shall supply the same upon notice 
 thereof by the Board of Education; but such appointment so 
 made by the City Council shall only continue until the next regu- 
 lar election of directors, when a successor shall be elected, who 
 shall hold his office for the unexpired term only. 
 
 § 12. The Treasurer and Clerk of the city of Galesburg shall 
 be the Treasurer and Clerk of the Board of Education, and the 
 board shall determine their duties, compensation and amount of 
 security to be given. 
 
 § Id. Said board shall cause all funds not needed ^or immediate 
 use, to be loaned at the rate or ten per cent, per annum, payable 
 semi-annually in advance. No loan shall be for a longer period 
 than five years, and if exceeding one hundred dollars, shall be 
 secured by unencumbered real estate of at least double the value 
 of the loan without estimating perishable improvements. For 
 anv sum of one hundred dollars and under, good and satisfactorv 
 personal security may be taken. 
 
 ^ 14. All notes and securities shall be to the Board of Educa- 
 tion, for school purposes, and the borrower shall be at all expenses 
 of examining titles, preparing and recording papers. 
 
 ^ 15. In settling the estates of deceased persons, debts for 
 school purposes shall be preferred to all others, except those at- 
 tending the last illness of the deceased and his funeral expenses; 
 excluding the physician’s bill. 
 
 § 16. If default be made in the payment of interest or of prin- 
 cipal when due, interest at the rate of twelve per cent, per annum, 
 on the amount due, shall be charged from the default and may 
 be recovered by suit. Suit may be for the interest only, whether 
 the principal be due or not; and if the interest be not paid within 
 ten days after the same becomes due, the principal, at the option 
 of the holder of the note, shall thereby become due, and may be 
 recovered b}’ suit, if necessary. 
 
 § 17. All judgments for principal or interest, or both, shall 
 
A .M E N D M E N T S . 
 
 43 
 
 draw interest at the rate of twelve per cent, from the rendition of 
 judgment; and said board may purchase in property sold on exe- 
 cution or decree in their own favor as other persons, with right of 
 redemption as in other cases. No judgment for costs shall be 
 rendered against said board, to be paid out of the school funds. 
 
 § *18. If the security for any loan or other debt due the school 
 district, in the judgment of the board, become doubtful or inse- 
 cure, they shall cause the debtor to be notified thereof; and if he 
 shall not immediately secure the same to the satisfaction of the 
 board, the principal and interest shall thereby become due imme- 
 diately, and suit may be brought against all the makers of the 
 note, although such condition or stipulation be not inserted in the 
 note. 
 
 § 19. Said Board of Education shall publish annually a state- 
 ment of the number of the pupils intructed the preceding year, 
 the several branches of education pursued, the receipts and ex- 
 penditures of each school, specifying the sources of such receipts 
 and the objects of such expenditures. 
 
 § 20. Said board shall have full power to admit persons who 
 do not reside within said district into said school upon such terms 
 as they may think proper. 
 
 § 21. All free white persons, over the age of five years and 
 under the age of twenty-one years, residing within said district, 
 shall be admitted to said schools free, or upon the payment of 
 such rates of tuition as the board shall prescribe; but nothing 
 herein contained shall prevent persons being suspended, expelled 
 or kept out of said school altogether, for improper conduct. 
 
 ^ 22. In purchasing or leasing grounds or buildings for school 
 purposes, said Board of Education may do so on credit; and when 
 the price and conditions of the purchase or lease are agreed upon, 
 the board may certify the same to the City Council of Galesburg, 
 and the Council shall make or cause to l)e made to the proper 
 party, the bonds or obligations of said city for the payment of the 
 purchase money, according to said terms, or said board may exe- 
 cute in their own name said contract, bonds, obligations, and they 
 shall be binding upon said city; and the Council sliall provide for 
 the payment of the same, and the interest thereon as it becomes 
 due, as though they were executed by the city of Galesburg, and 
 under her corporate seal. 
 
 § 23. This act shall be attached to the act incorporating the 
 city of Galesburg, and be considered a part of said charter. 
 
 ^ 24. This act shall not take effect or be in force without a 
 majority of the legal votei'S of said city shall decide in its favor at 
 an election for that purpose, to be held at such time and con- 
 ducted in such manner as the Council of said city may direct. 
 Approved Feb. 18th, 1859. 
 
• 44 
 
 AMENDMENTS. 
 
 THIRD AMENDMENT. 
 
 All act to amend an act entitled “An act for the establishment of a system of Graded 
 
 Schools in the city of Galesburg. . 
 
 Section. I Section. 
 
 1. Assessments and loans. I 2. Amendatory. 
 
 Section 1. Be it enacted hy the People of the State of Illi- 
 nois., represented in the General Assembly., That section seven 
 from the word “Provided” in the fifth line from the top of said 
 section, be as follows: “Provided said board shall not for any one 
 year require to be raised more than one per centum, for the bene- 
 fit of said schools, on the assessed value of the real and personal 
 property of said city for such year, unless authorized by a majority 
 of the votes cast at an election ordered by said board for such 
 purpose, notice of such election, and the time and place, having 
 been given in accordance with the city ordinance for elections in 
 force at that time; nor shall said board, or said City Council, make 
 any loan exceeding one thousand dollars, nor for a time longer 
 than six months, for school purposes, unless authorized by a vote 
 as aforesaid. 
 
 § 2. At the end of section ten add the following words: “Any- 
 thing in the charter of the city of Galesburg to the contrary not- 
 withstandiTig.” 
 
 § 3. At the end of section twenty- three, add the following 
 words: “And amendment thereto.” 
 
 Approved Eeb. 14, 1865. 
 
 FOURTH AMENDxMENT. 
 
 An act to amend the Charter of the City of Galeebnrg. 
 
 Section. I Section. 
 
 1. Changing day of election. ' 2. To be in force from passage. 
 
 Se(jtion 1. Be it enacted hy the People of the State of Illi- 
 nois represented in the General Assembly., That the annual gen- 
 eral election provided for in said charter be hereafter held on the 
 first Tuesday of April. 
 
 § 2. This act shall take effect and be in force from and after 
 its passage. 
 
 Approved March 10, 1869. 
 
A M E X I) M E N T H . 
 
 4f) 
 
 DIVISION OF TOWNS. 
 
 A l>ill for an act to divide the towns of Galesburg and VV^est Galesburg. 
 
 Section. 
 
 1. Boundaries. 
 
 2. Succession of officers. 
 
 3. Town meeting. 
 
 4. Board of apportionment. 
 f). City out of town jurisdiction. 
 
 6. Overseer of the poor. 
 
 7. Assessment and collection of taxes 
 
 Section 1. JBe it enacted hy the People of the State of Illi- 
 nois^ represented in the General Assemhlip That all that portion 
 of the towns of Galesburg and West Galesburg, not embraced 
 within the city of Galesburg, shall constitute the town of Gales- 
 burg. 
 
 ^ 'Z. The officers of the town of Galesburg shall be the officers 
 of the new town of Galesburg, until their successors are elected 
 and qualified; and the officers of the town of Galesburg shall be 
 the successors to the officers of West Galesburg. 
 
 § 3. The first annual town meeting in said town shalhbe held 
 on the first Tuesday of April next, at the school house on section 
 nine of said town. 
 
 § 4. The Supervisor and Assessor of the town of Galesburg 
 and the Mayor and Assessor of the city of Galesburg shall con- 
 stitute a board, whose duty it shall be to divide the property, 
 claims and liabilities of the towns of Galesburg and West Gales- 
 burg, existing upon the taking effect of this act, between the city 
 of Galesburg and the new town of Galesburg. And the basis of 
 apportionment shall be the assessment of the year 18GG, and the 
 rates shall be the relative value of all the property contained 
 within the city and within the towns outside the city. 
 
 § 5. From and after the time this act shall take effect, the ter- 
 ritory embraced within the limits of the city of Galesburg, shall 
 not be within the jurisdiction of any town. 
 
 § 6. At the annual election in the city of Galesburg there 
 shall be elected an Overseer of the Poor. Such Overseer of the 
 Poor shall have like powers and duties as Overseers of the Poor 
 of towns. Such accounts of the Overseer of the Poor as are re- 
 quired to be audited by town auditors shall be in like manner 
 audited by the Common Council. 
 
 § 7. The State and county taxes shall be assessed and col- 
 
 I Section. 
 
 8. Election precincts. 
 
 9. Supervisors. 
 
 10. Justices, Notaries Public ami Con- 
 
 stables. 
 
 11. Election of same. 
 
 12. Pilling vacancies. 
 
 , l:t. Mode of taking effect. 
 
46 
 
 AMENDMENTS. 
 
 lected within the city of Galesburg, by the City Assessor and City 
 Collector in like manner as assessments and collections are made 
 in towns, and for a like compensation. The City Collector shall 
 give like bonds in the collection of State and county tax as town 
 Collectors. The bond for collection of county tax may be ap- 
 proved by either of the city supervisors. 
 
 § 8. Each ward in the city of Galesburg shall be an election 
 precinct for all general and special elections. The judges and 
 clerks of election shall be appointed by the City Council. Elec- 
 tion notices shall be posted in each ward by supervisor or super- 
 visors representing such ward. 
 
 § 9. At each annual city election there shall be elected in the , 
 city of Galesburg one or more supervisors. The number shall 
 not exceed the number of wards in the city, and shall not be 
 greater than one for every four hundred legal voters residing in 
 said city. The City Council may, from time to time divide the 
 city into districts, for the election of supervisors, each district to 
 elect one or more, as the Council may provide; but in forming 
 districts no ward shall be divided. 
 
 § 10. No Justice of the Peace, Constable or Notary Public 
 shall be ousted of his office in consequence of the passage of this 
 act, but in case of death, resignation or removal of any Justice of 
 the Peace (police magistrates excepted). Constable or Notary Pub- 
 lic in s&id city, or town, such vacancy shall not be filled, unless 
 such vacancy shall diminish the number of like officers to which 
 such town or city shall thereafter be entitled. 
 
 § 11. At each election of Police Magistrates and city Justices 
 of the Peace, in the city of Galesburg, there shall be elected the 
 like number of Constables. 
 
 § 12. The City Council shall have power to appoint to fill 
 vacancies in the offices of supervisor and Overseer of the Poor. 
 
 § 13. This act shall take effect so far as relates to elections in 
 the city of Galesburg, on the first Monday of April next; and for 
 other purposes, on the first Tuesday of April next: Provided^ that 
 this act shall be submitted to the legal voters of the city of Gales- 
 burg for their ratification or rejection at the city election to be 
 held on the first Monday of April next. 
 
 The Mayor of the city of Galesburg shall, not less than two 
 weeks prior to said city election, cause this act to be published in 
 at least one weekly newspaper in said city. On the ballots ueds 
 at said city election, there shall be written, or printed, the words, 
 “for division of towns,” or “against division of towns.” And if a 
 majority of the votes cast at said election shall be “for division of 
 towns,” then this act shall be in full force and effect; but if a ma- 
 
AMENDMENTS. 
 
 47 
 
 jority of the votes cast at said election shall be “against division 
 of towns,” then this act shall be null and void. 
 
 Said votes at said election shall be canvassed, and the result 
 declared as in other questions acted upon at said election. 
 
 Approved February 27, 1867. 
 
 AMENDMENT THERETO. 
 
 A bill for an act to amend an act entitled “An act to divide the towns of Galesburg and 
 
 West Galesburg.” 
 
 Section. ; Section. 
 
 1. Election of Constables. I 4. Election of Supervisors. 
 
 2. Filling vacancies. 5. Taking effect'. 
 
 3. Election of Overseer of the Poor. 
 
 Section 1. l^e it enacted by the People of the State of Illi- 
 nois^ represented in the General Assembly That at each annual 
 election in the city of Galesburg, there shall be elected as many 
 Constables as may be necessary to fill vacancies existing in the 
 office of Constable in said city. Such persons so appointed shall 
 hold office for the unexpired term of their predecessors. 
 
 § 2. The City Council of said city of Galesburg shall have 
 power to fill any vacancies that may exist in the office of consta- 
 ble in said city, in the interval between regular annual charter 
 elections in said city. Such person so appointed shall hold office 
 until the next regular annual charter election. 
 
 § 3. The Overseer of the Poor in said city shall not be elected 
 at the annual charter elections in said city, but shall be appointed 
 by and hold office during the pleasure of the City Council. 
 
 § 4. The supervisors of said city may be elected by wards or 
 districts, or by the city at large, as the Common Council of said 
 city may from time to time determine. 
 
 § 5. This act shall be deemed a public act, and be in force 
 from and after its passage. 
 
 Approved March G, 1869. 
 
PRESENT CHARTER. 
 
 The following ie the Act under which the City reorganized hy a vote of its citizens, 
 
 July 17, 1876: 
 
 CITIES AND VILLAGES. 
 
 AN ACT to provide for the incorporation of cities and villages. [Approved April 10, 
 187-2. In force July 1, 1872. L. 1871-2, p. 218.] 
 
 Section. 
 
 1. How cities may adopt this act. 
 
 2. Notice of election. 
 
 8. The ballot —result. 
 
 4. How towns may become cities. 
 
 .T. Organizing a city— petition — election — 
 result. 
 
 6. Courts to take judicial notice of organ- 
 
 ization, etc. 
 
 7. Election of officers. 
 
 Section. 
 
 8. When County Judge to give notice of 
 
 election, etc. 
 
 9. Term of first officers. 
 
 10. Corporate name — powers. 
 
 11. Prior ordinances, etc., in force, until, 
 
 etc. 
 
 12. Rights, etc., of old corporations to vest 
 
 in new. 
 
 13. Record of result of election. 
 
 § 1. J>e it enacted hy the People of the State of Illinois rep- 
 resented in the General Assembly., as follows: 
 
 ARTICLE I. 
 
 OF THE ORGANIZATION OP CITIES. 
 
 Section 1. Hoio city may adopt this act^ That any city now 
 existing in this State may become incorporated under this act in 
 manner following: Whenever one-eighth of the legal voters of 
 
 such city, voting at the last preceding municipal election, shall 
 petition the Mayor and Council thereof to submit the question as 
 to whether such city shall become incorporated under this act, to 
 a vote of the electors in such city, it shall be the duty of such 
 Mayor and Council to submit such question accordingly, and to 
 appoint a time and place, or places, at which such vote may be 
 taken, and to designate the persons who shall act as judges at 
 such election; but such question shall not be submitted oftener 
 than once in four years. [See ^ 53, 55. 
 
 \J8) 
 
PRESENT CHARTER. 
 
 49 
 
 2. N^otice of Election^ § 2. 'Die Mayor <^f sucli city shall 
 give at least thirty days’ notice of such election, by publishing a 
 notice thereof in one or more newspapeis within such city; but if 
 no newspaper is published therein, then by posting at least five 
 
 cooies of such notice in each ward. 
 
 1 
 
 3. The ballot — vesultl\ § 3. The ballots to be used at such 
 election shall be in the following form: “For city organization 
 under general law;” or, “Against city organization under general 
 law.” The judges of such election shall make returns thereof to 
 the City Council, whose duty it shall be to caiivass such returns 
 and cause the result of such canvass to l:>e entered upon the rec- 
 ords of such city. If a majority of the votes cast at such election 
 shall be for city organization under general law, such city shall 
 thenceforth be deemed to be organized under this act; and the 
 city officers then in office shall, thereupon, exercise the powers 
 conferred upon like officers in this act, until their successors shall 
 be elected and qualified. 
 
 4. How tovms may become cities.] ^ 4. Any incorporated 
 town in this State, having a population of not less than one thou- 
 sand inhabitants, may become incorporated as a city in like man- 
 ner as hereinbefore provided; but in all such cases the president 
 and trustees of such town shall, respectively, perform the same 
 duties relative to such a change of organization as is above re- 
 quired to be performed by the Mayor and Council of cities. 
 
 5. Organizing a city — petition — election — result. § 5. When- 
 
 ever any area of contiguous territory in this State, not exceeding 
 four square miles, shall have resident thereon a population of not 
 less than one thousand inhabitants, which shall not already be 
 included within any incorporated town or city, the same may be- 
 come incorporated as a city in the manner following: Any fifty 
 
 legal voters thereof may file in the office of the Clerk of the 
 County Court, of the county in which such inhabitants reside, a 
 petition addressed to the judge of such court; and if the territory 
 described in said petition shall be in more thaji one county, then 
 the petition shall be addressed to the judge of the court where a 
 greater part of such territory is situated; which petition shall de- 
 fine the boundaries of such proposed city, and state the number 
 of inhabitants residing within such limits, and also state the naim‘ 
 of such proposed city, and shall contain a prayer that the ques- 
 tion be submitted to the legal voters residing within such limits, 
 whether they will organize as a city under this act. It shall be 
 the duty of the county judge to fix a time and place, within the 
 boundaries of such proposed city, at which an election may be 
 held to determine such (juestion; and such judge shall name the 
 persons to act as judges in holding such election, and shall give 
 
 4 
 
50 
 
 PRESE^JT CHARTER. 
 
 notice thereof by causing- ten notices to be posted in public places 
 within such proposed city. And the third section of this article 
 shall be applicable to such election: Provided^ that the returns 
 of sucli election shall be made to and canvassed by the county 
 judge and any two justices of the peace whom he shall call to his 
 assistance, instead of the City Council; and the result of such 
 election shall be entered upon the records of such county court. 
 If a majority of the votes cast at such election shall be “For city 
 organization under general law,” the inhabitants of such territory, 
 described in such petition, shall be deemed to be incorporated as 
 a city, under tins act, and with the name stated in the petition. 
 [See § 175. 
 
 6. Courts to take judicial notice of orga.nization^ ete.] § 6. 
 All courts in this State shall take judicial notice of the existence 
 of all villages and cities organized under this act, and of the 
 change of the organization of any town or city from its original 
 organization to its organization under this act; and from the time 
 of such organization or change of organization, the provisions of 
 this act shall be applicable to such cities and villages, and all laws 
 in conflict therewith shall no longer be applicable. But all the 
 laws oi- parts of laws, not inconsistent with the provisions of this 
 act, shall continue in force and applicable to any such city or 
 village, the same as if such change of organization had not taken 
 place. 
 
 7. Election of officers?^ § 7. It shall be the duty of the pres- 
 ident and board of trustees of any town which shall have voted to 
 change its organization to a city, under this act, to call and give 
 notice of an election to elect city officers, and to designate the time 
 and place or places of holding the same. Such notice shall be 
 published in a newspaper, if there be one, within the town, or 
 posted in ten public places for at least twenty days before such 
 election. Such president and trustees shall appoint the judges 
 and clerks to hold such election, canvass the returns thereof, and 
 cause the result to be entered upon the records of the town; and 
 the provisions of this act, relative to the election of city officers, 
 shall be applicable thereto; but, at such election, Aldermen may 
 be elected on a general ticket. 
 
 8. hen County Judge to give notice of election^ etc?^ § 8. In 
 case of cities organizing under section five (5) of this article, the 
 County Judge shall call and give notice of the election, and per- 
 form the same duties relative thereto as is above required to be 
 performed by President and Trustees of such town, and in. can- 
 vassing such retui-ns shall call to his assistance two Justices of the 
 Peace. [See § 52. 
 
 9. Term of first ofiicersh\ § 9. The city officers elected 
 
PRESENT CHARTER. 
 
 51 
 
 under either of the preceding sections, shall hold their respective 
 offices until the next succeeding regular election for such officers, 
 respectively, and until their successors are elected and qualified, 
 as provided in this act. 
 
 10. Corporate name — poieers?^ § 10. Cities organized under 
 this act shall b§ bodies politic and corporate, under the name and 
 style of “City of (name),” and under such name may sue and be 
 sued, contract and be contracted with, acquire and hold real and 
 personal property for corporate purposes, have a common seal, 
 and change the same at pleasure, and exercise all the powers 
 hereinafter conferred. 
 
 11. Prior ordinances^ etc.^ in force until ^ e^c.] § 11. All ordi- 
 
 nances, resolutions and by-laws in force in any city or town when 
 it shall organize under this act, shall continue in full force and 
 effect until repealed or amended, notwithstanding such change of 
 organization; and the making of such change of organization shall 
 not be construed to effect a change in the legal identity, as a cor- 
 poi ation, of such city or town. 
 
 12. Rights^ etc.^ of old corporations to rest in oieic.^ § 12. 
 All rights and property of every kind and description, which 
 were vested in any municipal corporation under its former organ- 
 ization, shall be deemed and held to be vested in the same mu- 
 nicipal incorporation upon its becoming incorporated under the 
 provisions of this act; but no rights or liabilities, either in favor 
 of or against such corporation, existing at the time of so becom- 
 ing incorporated under this act, and no suit or prosecution of any 
 kind shall be affected by such change, but the same shall stand 
 and progress as if no change had been made: Provided^ that 
 when a different remedy is given by this act, which may properly 
 be made applicable to any right existing at the time of such city 
 so becoming incorporated under this act, the same shall be 
 deemed cumulative to the remedies before provided, and used 
 accordingly. 
 
 13. Record of res'ult of electio7i.^ § 13. The corporate au- 
 thorities of any city or village which may become organized under 
 this act shall, within three months after organization hereunder, 
 cause to be filed in the office of the recorder of deeds, in the 
 county in which such city or village is situated, a certified copy 
 of the entry made upon the records of the city, village or County 
 Court, of the canvass of the votes, showing the result of such elec- 
 tion, whereby such city or village became so organized — and such 
 recorder of deeds shall record the same. And such corporate 
 authorities shall also cause a like certificate to be filed in the 
 office of the Secretary of State, who shall file the same, and keep 
 a registry of cities and villages organized under this act. 
 
5*2 
 
 PRESENT CHARTER. 
 
 ARTICLE II. 
 
 OF THE MAYOR. 
 
 Section. 
 
 14. .Mayor— his qiialificatious. 
 
 1.5. Vacanc)' one year or more. 
 
 16. Vacancy less than a year. 
 
 17. .Mayor pro tern. 
 
 18. Vacancy by removal from city. 
 
 19. Mayor to preside— casting vote. 
 •.JO. When he may remove officers. 
 •Jl. His powers to keep peace. 
 
 Section. * 
 
 'H. Release of prisoners. 
 
 2H. (ieneral duties. 
 
 -i4. Power to examine records, etc. 
 
 Messages to Council. 
 
 •J6. To call out militia, etc.— riots, etc. 
 
 •.J7. Misconduct, etc.; of the Mayor or other 
 officer— penalty. 
 
 •J8. Revised ordinances after change of 
 organization. 
 
 14. Jfa(/or — ///.s* qita/iffcatio/is.'\ 1. The chief executive 
 officer of a city shall be a Mayor, who shall be a citizen of the 
 Lnited States, a qualified elector, reside within the city limits, 
 and hold his office for two years, and until his successor is elected 
 and qualified. 
 
 15. Vacjincy one year or omr?\ ^ 2. Whenever a vacancy 
 shall happen in the office of the Mayor, when the unexpired term 
 shall be one year or over from the date when the vacanct’^ occurs, 
 it shall be filled by an election. 
 
 lij. Vitcancy less than a year.^ § 3. If the vacancy is less 
 than one year, the City Council shall elect one of its number to 
 act as Mayor, who shall possess all the rights and powers of the 
 Mayor until the next annual election, and until his successor is 
 elected and qualified. 
 
 17. Mayor pro temi\ ^ 4. During a temporary absence or 
 di.sabilit}" of the Mayor, the City Council shall elect one of its 
 number to act as Mayor pyro tem..^ M'ho, during such absence or 
 disability, shall possess the powers of Mayor. 
 
 18. ^^acftncy by removal from city.^ § 5. If the Mayor at any 
 time during the term of his office, shall remove from the limits of 
 the city, his office shall thereby become vacant. 
 
 19. Mayor to j)reside — easting vote?[ § 6. The Mayor shall 
 preside at all meetings of the City Council, but shall not vote ex- 
 cept in case of a tie, when he shall give the casting vote. 
 
 *20. ^Yhen he may remove (gficers. § 7. The Mayor shall 
 have power to remove any officer appointed by him, on any for- 
 mer charge, whenever he shall be of the opinion that the interests 
 of the city demand such removal; but he shall report the reasons 
 for such removal to the Council at its next regular meeting. 
 
 *21. His poirers to keept pjeace. ^ 8. He may exercise, within 
 the city limits, the powers conferred upon Sheriffs, to suppress 
 
PRESENT CHARTER. 
 
 Oo 
 
 disorders and keep the peace. [See §83; also, “Sheriffs,” ch. 125, 
 § 17; “Crim. Code,” ch. 38, § 340. 
 
 22. Release of prisoners.\ § 9. He may release any person 
 imprisoned for violation of any city ordinance, and shall report 
 such release, with the cause thereof, to the Council at its first 
 session thereafter. 
 
 23. General (hities.\ § 10. He shall perform all such duties 
 as are or may be prescribed by law or by the city ordinances, and 
 shall take care that the laws and ordinances are faithfully exe- 
 cuted. 
 
 24. Power to examine records^ etc.] § 11. He shall have 
 power at all times to examine and inspect the books, records and 
 papers of any agent, employee or officer of the city. 
 
 25. Messages to (Jouncil.] § 12. The Mayor, shall, annually, 
 and from time to time, give the Council information relative to 
 the affairs of the city, and shall recommend for their consideration 
 such measures as he may deem expedient. 
 
 26. To call out militia., etc. — riots., etc. § 13. He shall have 
 power, when necessary, to call on every male inhabitant of the 
 city over the age of 18 years, to aid in enforcing the laws and 
 ordinances, and to call out the militia to aid in suppressing riots 
 and other disorderly conduct, or carrying into effect any law or 
 ordinance, subject to the authority of the Governor as commander- 
 in-chief of the militia. 
 
 27. Misconduct., etc.., of the Mayor or other officer — penalty.] 
 § 14. In case the Mayor or any other municipal officer shall at 
 any time be guilty of a palpable omission of duty, or shall will- 
 fully and corruptly be guilty of oppression, malconduct or mis- 
 feasance in the discharge of the duties of his office, he shall be 
 liable to indictment in any court of competent jurisdiction, and, 
 on conviction, shall be fined in a sum not exceeding 11,000; and 
 the court in which such conviction shall be had shall enter an 
 order removing such officer from office. [See “Crim. Code,” ch. 
 38, § 208-219. 
 
 28. Revising ordinances after change (f organization.] § 15. 
 He may appoint, by and with the advice and consent of the City 
 Council, immediately after such change of organization, one oi‘ 
 more competent j)ersons to prepare and submit to the City Coun- 
 cil for their adoption or rejection, an ordinance in revision of the 
 ordinances of such city, and for the government of such city, the 
 compensation of such reviser or revisers to be determined and 
 fixed by the City Council and pai<l out of the city treasury. 
 
54 
 
 PRESENT CHARTER. 
 
 ARTICLE III. 
 
 OF THE CITY COUNCIL. 
 
 Section. 
 
 29. Council— how composed. 
 
 .30. Number of Aldermen. 
 
 .31. Term of office of Aldermen. 
 
 32. Vacancy. 
 
 33. Qualifications of Aldermen. 
 
 34. Council judge of election and qualifi- 
 
 cation of members. 
 
 35. Rules — expulsion —bribery. 
 
 36. Quorum— compelling attendance. 
 
 37. Meetings. 
 
 38. Chairman pro tern. 
 
 29. Council — houa composed^ § 1. The City Council shall 
 consist of the Mayor and Aldermen. 
 
 30. JSFumber of Aldermen.^ § 2. The number of Aldermen, 
 
 when not elected by the minority representation plan, shall be as 
 follows: In cities not exceeding three thousand inhabitants, six 
 
 Aldermen; exceeding three thousand but not exceeding five thou- 
 sand, eight Aldermen; exceeding five thousand and not exceeding 
 ten thousand, ten Aldermen; exceeding ten thousand and not ex- 
 ceeding thirty thousand, fourteen Aldermen; and two additional 
 Aldermen for every twenty thousand inhabitants over thirty thou- 
 sand: Provided., however., that in cities of over 100,000 inhabi- 
 tants, there shall be elected thirty-six Aldermen and no more. 
 [See § 175. 
 
 31. Term of office.'] § 3. Aldermen shall hold their office 
 for the term of two years, and until their successors are elected 
 and qualified. 
 
 32. Vacancy.] § 4. If any vacancy shall occur in the office 
 of Alderman by death, resignation, removal or otherwise, such 
 vacancy shall be filled by election. 
 
 33. Qualifications of Aldermen.] § 5. No person shall be 
 eligible to the office of Alderman unless he shall be a qualified 
 elector, and reside within the ward for which he is elected, nor 
 shall he be eligible if he is in arrears in the payment of any tax 
 or other liability due to the city; nor shall he be directly or indi- 
 rectly interested in any contract whatever to which the city is a 
 party; nor shall he be eligible if he shall have been convicted of 
 malfeasance, bribery or other corrupt practices or crimes; nor 
 shall he be eligible to any office, the salary of which is payable 
 out of the city treasury, if at the time of his appointment he shall 
 
 Section. 
 
 39. Open doors. 
 
 40. Journals shall be kept. 
 
 41. Yeas and nays — record — vote required. 
 
 42. Not to rescind vote at special meeting, 
 
 unless, etc. 
 
 43. When report laid over. 
 
 44. Territorial jurisdiction. 
 
 45. Special meetings. 
 
 46. Ordinances— appeal— veto. 
 
 47. Reconsideration— passing over veto. 
 
PRESENT CHARTER. 
 
 55 
 
 be a member of the City Council; nor shall any member of the 
 City Council at the same time hold any other office under the city 
 government; nor shall he be either directly or indirectly, indi- 
 vidually, or as a member of a firm, engaged in any business trans- 
 action (other than official) with such city, through its Mayor or 
 any of its authorized boards, agents or attorneys, whereby any 
 money is to be paid, directly or indirectly, out of the city treas- 
 ury to such member or firms. 
 
 34. Council judge of election and, qualification of its mem- 
 bers.^ § 6. The City Council shall be judge of the election and 
 qualification of its own members. 
 
 35. Rides — expulsion — bribery.^ § 7. It shall determine its 
 
 own rules of proceeding, punish its members for disorderly con- 
 duct, and with the concurrence of two-thirds of the Aldermen 
 elect, may expel a member, but not a second time for the same 
 offense: Provided^ that any Alderman or Councilman who shall 
 
 have been convicted of bribery shall thereby be deemed to have 
 vacated his office. 
 
 36. Qiior.um — compelling attendance^ ^ 8. A majority of 
 the Aldermen elect shall constitute a quorum to do business, but 
 a smaller number may adjourn from time to time, and may com- 
 pel the attendance of absentees, under such penalties as may be 
 prescribed by ordinance. 
 
 37. Meetings^ § 9. The City Council may prescribe, by 
 ordinance, the times and places of the meeting thereof, and the 
 manner in which special meetings thereof may be called. 
 
 38. Chairman pro temi\ § 10. It may elect a temporary 
 chairman in the absence of the Mayor. 
 
 39. Open dooi’si] § 11. It shall sit with open doors. 
 
 40. Journal § 12. It shall keep a journal of its own pro- 
 ceedings. 
 
 41 . Y^eas and nays — record — rote required?^ ^ 1 3. The yeas 
 and nays shall be taken upon the passage of all ordinances, and 
 on all propositions to create any lial)ility against the city, or for 
 the expenditure or appropriation of its money, and in all other 
 cases at the request of any member, which shall be entered on the 
 journal of its proceedings; and the concurrence of a majority of 
 all the members elected in the City Council shall be necessary to 
 the passage of any such ordinance or proposition: Prorided^ it 
 shall rerjuire two-thirds of all the Aldermen elect to sell any city 
 or school property. 
 
 42. Not to rescind vote at spiecial meeting^ unless^ etc.^ § 14. 
 No vote of the City Council shall be reconsidered or rescinded at 
 a special meeting, unless at such special meeting there be present 
 as large a number of Aldermen as were present when such vote 
 was taken. 
 
56 
 
 PRESENT CHARTER. 
 
 4o. W^Jien report laid orer.\ ^ 15. Any njport of a commit- 
 tee of the Council shall be deferred, for final action thereon, to 
 the next regulai- meeting of the same after the report is made, 
 upon the request of any two Aldermen present. 
 
 44. Territorial Jurisdiction.^ § 16. The City Council and 
 Board of Trustees shall also have jurisdiction in and over all 
 places within one-half mile of the city or village limits, for the 
 purpose of enforcing health and quarantine ordinances and regu- 
 lations thereof. [See § 71, 170, 229. 
 
 45. Special meeting. \ § 17. The Mayor or any three Aider- 
 
 men may call special meetings of the City Council. 
 
 46. Ordinances — ajrprocal — veto.^ ^ 18. All ordinances 
 
 passed by the City Council shall, before they take effect, be de- 
 posited in the office of the City Clerk; and if the Mayor approves 
 thereof, he shall sign the same, and such as he shall not approve 
 he shall return to the Council with his objections thereto, in writ- 
 ing, at the next regular meeting of the Council occurring not less 
 than five days after tlie passage thereof. Such veto may extend 
 to any one or more items oi‘ appropriations contained in any ordi- 
 nance making an appropriation, or to the entire ordinance; and in 
 case the veto only extends to a part of such ordinance, the residue 
 thereof shall take effect and be in force. But in case the Mayor 
 shall fail to return any ordinance, with his objections thereto, by 
 the time aforesaid, he shall be deemed to have approved such or- 
 dinance, and the same shall take effect accordingly. 
 
 47. Reconsideration — passing over veto.^ § 19. Upon the 
 return of any ordinance by the Mayor, the vote by which tlic 
 same was passed shall be reconsidered by the Council; and if, 
 after such reconsideration, two-thirds of all the nnnnbers elected 
 to the City Council shall agree, by yeas and nays, to pass the same, 
 it shall go into effect, notwithstanding the Mayor may refuse to 
 approve thereof. The vote to pass the same over the Mayor’s 
 veto shall be taken by yeas and nays, and entered on the journal. 
 
PRESENT CHARTER. 
 
 57 
 
 ARTICLE IV. 
 
 ELECTIONS. 
 
 Sedion. 
 
 48. Anuual election. 
 
 49. Election of Mayor. 
 
 .50. Who entitled to vote. 
 
 51. Wards. 
 
 5C. Aldermen at first election— classified. 
 5.3. Minority representation. 
 
 .54. Aldermen under minority plan. 
 
 55. Aldermen when minority plan not 
 adopted. 
 
 SecfAun. 
 
 .56. Council to designate place of election 
 —notice. 
 
 .57. Manner of conducting elections. 
 
 58. Result— tic. 
 
 59. Notice to persons elected or appoin- 
 
 ted. 
 
 60. Where no (piorum in office— special 
 
 election. 
 
 61. Special elections. 
 
 48. Annual elections.^ § 1. A general election lor city offi- 
 cers shall be held on the third Tuesday of April of each year. 
 
 49. JHJlectio)t of Mayor.^ ^ 2. At the general election held 
 in 1875, and biennially thereafter, a Mayor shall be elected in 
 each city. 
 
 50. Who entitled tx) vote.^ § 'h All persons entitled to vote 
 at any general election for State officers within any city or vil- 
 lage, having resided therein thirty days next jneceding thereto, 
 may vote at any election for city or village officers. [See “Elec- 
 tions,” ch, 46, § 65, 66; Const, art. 7, § 1. 
 
 51. Wa7'ds.^ § 4. The City Council may, from time to time, 
 divide the citv into one-half as manv wards as the total number 
 of Aldermen to which the city is entitled; and one Alderman 
 
 "shall, annually be elected in and for each ward, to hold his office 
 for two years, and until his successor is elected and qualihed. In 
 the formation of wards, the population of each shall be as nearly 
 equal, and the ward shall be of as compact and contiguous ter- 
 ritory as practicable. 
 
 52. Aldermen at first election — (dassifi,ed.\ 5. At the hrst 
 
 election under this act, there shall be elected the full number of 
 Aldermen to which the city shall be entitled. At the first meet- 
 ing of the City Council after such election, the Aldermen elected 
 shall be divided, by lot, into two classes: Those of the first class 
 shall continue in office for one year, and those of the second 
 for two years. And upon any increase of the number of Aider- 
 men, at their first election one-half shall be elected for one year, 
 and one-half for two years. 
 
 53. Alhiority representaMon.\ ^ 6. Whenevei' this act shall 
 be submitted to the qualified electors of any city for adoption, 
 there shall be submitted at the same time, for adoption or rejec- 
 tion, the question of minority representation in the City Council 
 
58 
 
 PRESENT CHARTER. 
 
 or legislative authority of such city. At the said election the 
 ballots shall be in the following form: “For minority represen- 
 
 tation in the City Council,” or “Against minority representation 
 in the City Council.” And at any subsequent time, on petition 
 of the legal voters equal in number to one- eighth the number of 
 legal votes cast at the next preceding general city election, the City 
 Council shall cause the question of minority representation to be 
 submitted to the legal voters of said city, and the ballots shall be 
 in form as provided in this section: Provided., that no such ques- 
 
 tion of representation shall be submitted more than once in 
 every two years. The judges of such election shall make re- 
 turns thereof to the City Council, whose duty it shall be to can- 
 vass such returns and to cause the result of such canvass to be 
 entered on the records of such city. If a majority of the votes 
 cast at such election shall be “For equal representation in the 
 City Council,” then the members of the City Council or legislative 
 authority of such city shall be thereafter elected in the follow- 
 ing manner: The Council or legislajtive authority of such city, 
 
 at least one month before the general election in the year in 
 which this act shall take effect in such city, shall apportion such 
 city, by dividing the population thereof, as ascertained by the 
 last federal census, by any number not less than two nor more 
 than six, and the quotient shall be the ratio of representation in 
 the City Council. Districts shall be formed of contiguous and 
 compact territory, and contain as nearly as practicable, an equal 
 number of inhabitants. 
 
 54. Aldermen under yninority plan^ § 7. Every such district 
 shall be entitled to three Aldermen, who shall hold their office 
 for two vears, and until their successors shall be elected and 
 
 *j ^ 
 
 (jualified: Provided., that those elected at the first election, from 
 the wards bearing odd numbers, shall only hold their office for 
 one year, and until their successors shall be elected and qualified. 
 Vacancies occui’ring by the expiration of . term, shall be filled by 
 the election of Aldermen for the full term of two years. Vacan- 
 cies arising from any other cause than the expiration of term, 
 shall be filled at an election to be held by the voters of the dis- 
 trict in which such vacancy shall occur, at the time designated by 
 the City Council. In all elections for Aldermen, aforesaid, each 
 qualified voter may cast as many votes as there are Aldermen to 
 be elected in his district, or may distribute the same, or equal 
 parts thereof, among the candidates, as he shall see fit, and the 
 candidate highest in votes shall be declared elected. 
 
 55. Aldermen vdien minority plan not adopted.^ § 8. If a 
 majority of the votes cast at such election shall be “Against mi- 
 nority representation in the City Council,” the preceding section 
 
 # 
 
PRESENT CHARTER. 
 
 59 
 
 shall be null and void, so far as it relates to such city at such elec- 
 tion, and the Aldermen of such city shall be elected as otherwise 
 provided for in this act. 
 
 56. Place of election — notice?^ § 9. The City Council shall 
 designate the place or places in which the election shall be held, 
 and appoint the judges and clerks thereof, and cause notice to be 
 printed in some newspaper published in such city, if there be one, 
 or posted at each voting place in such city, of the time, places of 
 election, and of the officers to be elected, for at least twenty days 
 prior to such election. 
 
 57. Manner of conducting elections^ etc.^ § 10. The manner 
 of conducting and voting at elections to be held under this act 
 and contesting the same, the ke(‘ping of poll lists and canvassing 
 the votes, shall be the same, as nearly as may be, as in the case of 
 the election of county officers, under the general laws of this State. 
 The judges of election shall appoint clerks, when necessary to fill 
 vacancies, and the judges and clerks shall take the same oath and 
 have the same powers and authority as the judges and clerks of 
 general State elections. After the closing of the polls, the bal- 
 lots shall be counted and the returns made out and returned, 
 under seal, to the city or village clerk, as the case may be, within 
 two days after the election; and, thereupon, the City Council or 
 board of trustees, as the case may be, shall examine and canvass 
 the same and declare the result of the election, and cause a state- 
 ment thereof to be entered upon its journals. [See “Elections,” 
 ch. 46, § 48,-64. 
 
 58. Result — § 11. The person having the highest num- 
 ber of votes, for any office, shall be declared elected. In case of 
 a tie in the election of any city or village olficer, it shall be deter- 
 mined by lot, in presence of the City Council or board of trustees, 
 in such manner as they shall direct, which candidate or candidates 
 shall hold the office. 
 
 59. Notice to persons elected or appointed?^ § 12. It shall 
 be the duty of the village or city clerk, within five days after the 
 result of the election is declared or appointment made, to notify 
 all persons elected or appointed to office of their election or ap- 
 pointment, and unless such ])ersons shall respectively (jualify in 
 ten days after such notice, the office shall become vacant. 
 
 60. W'/ien no (juorurn in (>Jfice — special election.^ S 1'^- If, 
 any cause, there shall not be a (juoruni in office of tluj City Coun- 
 cil or board of trustees, the Mayor, Clerk, or any Alderman or 
 trustee, as the case may be, may appoint the time and place for 
 holding a special election to supply such vacancy and give notice 
 and appoint the judges thereof. 
 
 61. Special electionsl\ § 14. If there is a failure to elect 
 
60 
 
 PRESEXT CHARTER. 
 
 any oflficer herein required to be elected, or the person elected 
 sh ould tail to (qualify, the City Council or board of trustees may 
 forthwith order a new election therefor; and in all cases when 
 necessary for the purposes of this act, may call special elections, 
 appoint judges and clerks thereof, canvass the returns thereof, 
 and provide by ordinance for the mode of conducting the same; 
 and shall give notice of such special elections, in which shall be 
 stated the (juestions to be voted upon, and cause such notices to 
 be published or posted for the same length of time and in the 
 same manner as is required in the case of regular annual elec- 
 tions in such cities or villages. 
 
 ARTICLE V. 
 
 OF THE POWERS OF THE CITY COUNCIL. 
 
 Section. 
 
 6‘J. (General powers of the City Couueil. 
 
 63. Style of ordiuauces. 
 
 64. Puhlicatiou of ordiuauces — when they 
 
 take effect. 
 
 6.J. I’roof of ordiuauces. 
 
 66. Suits for violating ordiuauces. 
 
 Section . 
 
 67. Fines aud licenses paid to treasurer. 
 
 68. Summous— affidavit— punishment. 
 
 69. Jurisdiction of justices, etc. 
 
 70. Constables aud sheriffs may serve 
 
 process, etc. 
 
 71. Jurisdiction over water. 
 
 b'^.J § 1. The City Council in cities, and president and the 
 
 Board of Trustees in villages, shall have the following powers: 
 
 First — To control the finances and property of the corporation. 
 
 Second — To appropi’iate money for corporate jnirjtoses only, 
 and provide for payment of debts and expenses of the corporation. 
 
 Third — To levy and collect taxes for general and special pur- 
 poses on real and personal property. [See § 89, 171, 227, 231- 
 23(), 240-269. 
 
 Fourth — To fix the amount, terms and manner of issuing and 
 revoking licenses. 
 
 Fifth — To borrow money on the credit of the corporation for 
 corporate purposes, and issue bonds therefor, in such amounts and 
 form, and on such conditions as it shall pi’escribe, but shall not 
 become indebted in any manner or for any purpose to an amount 
 including existing indebtedness, in the aggregate to exceed five 
 (5) per centum on the value of the taxable property therein, to be 
 ascertained by the last assessment for State and county taxes pre- 
 vious to the incurring of such indebtedness; and before or at the 
 time of incurring any indebtedness, shall provide for the collec- 
 tion of a direct annual tax sufficient to pay the interest on such 
 debt as it falls due, and also to pay and discharge the principal 
 
PRESENT CHARI’ E \l . 
 
 f)l 
 
 thereof 'within twenty years after contracting the same. [See § 
 
 90, 169, 228, 245. 
 
 Sixth — To issue bonds in place of or to supply means to meet 
 maturing bonds, or for the consolidation or funding of the same. 
 
 Seventh — To lay out, establish, open, alter, widen, extend, grade, 
 pave or otherwise improve streets, alleys, avenues, sidewalks, 
 wharves, parks and public grounds, and vacate the same. [See 
 “Plats,” ch. 109, § 1-10. 
 
 Eighth — To plant trees upon the same. 
 
 Ninth — To regulate the use of the same. 
 
 Tenth — To prevent and remove encroachments or obstructions 
 upon the same. 
 
 Eleventh — To provide for the lighting of the same. 
 
 Twelfth — To provide for the cleansing of the same. 
 
 Thirteenth — To regulate the openings therein for the laying of 
 gas or water mains and pipes, and the building and repairing of 
 sewers, tunnels and drains, and erecting gas lights: Provided^ 
 
 however^ that any company heretofore organized under the gen- 
 eral laws of this State, or any association of persons organized, or 
 which may be hereafter organized for the purpose of manufactur- 
 ing illuminating gas to supply cities or villages, or the inhabi- 
 tants thereof, with the same, shall have the right, by consent of 
 the Common Council (subject to existing rights), to erect gas fac- 
 tories, and lay down pipes in the streets or alleys of any city or 
 village in this State, subject to such regulations as any such city 
 or village may by ordinance impose. 
 
 Eourteenth — To regulate the use of sidewalks and all structures 
 thereunder; and to require the owner or occupant of any premises 
 to keep the sidewalks in front of, or along the same, free from 
 snow and other obstructions, 
 
 Eifteenth — To regulate and prevent the throwing or depositing 
 of ashes, offal, dirt, garbage or any offensive matter in, and to pre- 
 vent injury to any street, avenue, alley or public ground. 
 
 Sixteenth — To provide for and regulate crosswalks, curbs and 
 gutters. 
 
 Seventeenth — To regulate and prevent the use of streets, side- 
 walks and public grounds for signs, sign posts, awnings, awning- 
 posts, telegraph poles, horse troughs, racks, posting handbills and 
 advertisements. 
 
 Eighteenth — To regulate and prohibit the exhibitioji or carry- 
 ing of banners, placards, advertisements or handbills in the streets 
 or public grounds, or upon the sidewalks. 
 
 Nineteenth — To regulate and prevent the flying of hsAgs, ban- 
 ners or signs across the streets or from houses. 
 
 Tvmdieth — To regulate traffic and sales upon the streets, side- 
 walks and public places. 
 
62 
 
 PRESENT CHARTER. 
 
 Twenty -first — To reg'ulate the speed of horses and other ani- 
 mals, vehicles, cars and locomotives, within the limits of the cor- 
 poration. 
 
 Twenty-second — To regulate the numbering of houses and lots. 
 
 Tv'>e)ity -third — To name and change the name of any street, 
 avenue, alley or other public place. 
 
 T wenty -fourth — To permit, regulate or prohibit the locating, 
 constructing or laying a track of any horse railroad in any street, 
 alley or public place; but such permission shall not be for a lon- 
 ger time than twenty years. [See “H. and D. railroads,” ch. 66. 
 
 Twenty-fifth — To provide for and change the location, grade 
 and crossings of any railroad. 
 
 Twenty-sixth — To require railroad companies to fence their 
 respective railroads, or any portion of the same, and to construct 
 cattle guards, crossings of streets and public roads, and keep the 
 same in repair, within the limits of the corporation. In case an^^ 
 railroad company shall fail to comply with any such ordinance, it 
 shall be liable for all damages the owner of any cattle or horses 
 or other domestic animal, may sustain by reason of injuries thereto 
 while on the track of such railroad, in like manner and extent as 
 under the general laws of this State, relative to the fencing of 
 railroads; and actions to recover such damages mav be instituted 
 before any Justice of the Peace or other court of competent juris- 
 diction. 
 
 Twenty -seventh — To require railroad companies to keep flag- 
 men at railroad crossings of streets, and to provide protection 
 against injury to persons and property in the use of such railroads. 
 To compel such railroad to raise or lower their railroad tracks to 
 con Form to any grade which may, at any time, be established by 
 such city, and where such tracks run lengthwise of any such 
 street, alley or highway, to keep their railroad tracks on a level 
 with the street surface, and so that such tracks may be crossed at 
 any place on such street, alley or highway. To compel and re- 
 quire railroad companies to make and keep open and to keep in 
 repair ditches, drains, sewers and culverts along and under their 
 railroad tracks, so that filthy or stagnant pools of water cannot 
 stand on their grounds or right of way, and so that the natural 
 drainage of adjacent property shall not be impeded. 
 
 Twenty -eighth — -To construct and keep in repair bridges, via- 
 ducts and tunnels, and to regulate the use thereof. [See § 194. 
 
 Twenty-ninth — To construct and keep in repair culverts, drains, 
 sewers and cesspools, and to regulate the use thereof. [See § 242. 
 
 Thirtieth — To deepen, widen, dock, cover, wall, alter or change 
 the channel of water courses. 
 
 Thirty-first — To construct and keej) in repair canals and slips 
 for the accommodation of commerce. 
 
PRESENT CHARTER. 
 
 63 
 
 Thirty-second — To erect and keep in repair public landing 
 places, wharves, docks and levees. [See § 219, 220. 
 
 Thirty-third — To regulate and control the use of public and 
 private landing places, wharves, docks and levees. 
 
 Thirty-fourth — To control and regulate the anchorage, moor- 
 age and landing of all water craft and their cargoes within the 
 jurisdiction of the corporation. 
 
 Thirty-ffth — To license, regulate and prohibit wharf-boats, 
 tugs and other boats used about the hai-bor or within such juris- 
 diction. 
 
 Thirty-sixth — To fix the rate of wharfage and dockage. 
 
 Thirty -seventh — To collect wharfage and dockage from all 
 boats, rafts or other craft landing at or using any public landing 
 place, wharf, dock.or levee within the limits of the corporation. 
 
 TJuirty- eighth — To make regulations in regard to the use of 
 harbors, towing of vessels, opening and passing of bridges. 
 
 Thirty-nmth — To appoint harbor masters, and define their 
 duties. 
 
 Fortieth — To provide for the cleansing and purification of 
 waters, water courses and canals, and the draining or filling of 
 ponds on private property, whenever necessary to prevent or abate 
 nuisances. 
 
 Forty-first — To license, tax, regulate, suppress and prohibit 
 hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals 
 and other exhibitions, shows and amusements, and to revoke such 
 license at pleasure. 
 
 Forty -second — To license, tax and regulate hackmen, draymen, 
 omnibus drivers, carters, cabmen, porters, expressmen, and all 
 others pursuing like occupations, and to prescribe tlieir compen- 
 sation. 
 
 Forty-third — To license, regulate, tax and restrain runners for 
 stages, cars, public houses, or other things or persons. 
 
 Forty -fourth — To license, regulate, tax or prohibit and sup- 
 press billiard, bagatelle, pigeon hole or any other tables or imple- 
 ments kept or used for a similar purpose in any place of public 
 resort, pin alleys and ball alleys. 
 
 Forty fifth — To suppress bawdy and disorderly houses, houses 
 of ill-fame or assignation, within the limits of the city, and within 
 three miles of the outer boundaries of the city; and also to sup- 
 press gaming and gambling houses, lotteries, and all fraudulent 
 devices and practices for the ])urpose of gaming or obtaining 
 money or property; and to prohibit the sale or exhibition of ob- 
 scene or immoral publications, prints, pictures or illustrations. 
 [See § 216, 217. 
 
 Forty-sixth — To license, regulate and prohibit the selling or 
 
r R E S E N I' CHARTER. 
 
 B4 
 
 giving away of any intoxicating, malt, vinous, mixed or fermented 
 liquor, the license not to extend beyond the municipal year in 
 which it shall be granted, and to determine the amount to be paid 
 for such license: Provided^ that the City Council in cities, or 
 President and Board of Trustees in villages, may grant permits to 
 druggists for the sale of liquors for medicinal, mechanical, sacra- 
 mental and chemical purposes oidy, subject to forfeiture, and 
 under such restrictions and regulations as may be provided by 
 ordinance: Provided^ f urther^ that in granting licenses such cor- 
 porate authorities shall comply with whatever general law of the 
 State may be in force relative to the granting of licenses. [See 
 216; also “Dram Shops,” ch. 43. 
 
 Porty-seventh — The foregoing shall not be construed to affect 
 the provisions of the charter of any literar}’^ institution heretofore 
 granted. 
 
 Forty-eighth — And the City Council in cities, and President 
 and Board of Trustees in villages, shall also have the power to for- 
 bid and punish the selling or giving away of any intoxicating, malt, 
 vinous, mixed or fermented liquor to any minor, apprentice or 
 servant, or insane, idiotic or distracted person, habitual drunkard, 
 or person intoxicated. 
 
 Forty-ninth — To establish markets and market houses, and pro- 
 vide for the regulation and use thereof. 
 
 Fiftieth — To regulate the sale of meats, poultry, fish, butter, 
 cheese, lard, vegetables, and all other provisions, and to provide 
 for place and manner of selling the same. 
 
 Ffty-Ji^'st — To prevent and punish forestalling and regrating. 
 
 F if ty- second — To regulate the sale of bread in the city or vil- 
 lage; prescribe the weight and quality of the bread in the loaf. 
 
 Fifty-third — To provide for and regulate the inspection of 
 meats, poultry, fish, butter, cheese, lard, vegetables, cotton, to- 
 bacco, flour, meal and other provisions. 
 
 Fifty-fourth — To regulate the inspection, weighing and meas- 
 uring of brick, lumber, firewood, coal, hay, and any article of 
 merchandise. 
 
 Fifty-ffth — To provide for the inspection and sealing of weights 
 and measures. 
 
 Ffty -sixth — To enforce the keeping and use of proper weights 
 and measures by vendors. 
 
 Ffty-semnth — To regulate the construction, i-epairs and use of 
 vaults, cisterns, areas, hydrants, pumps, sewers and gutters. 
 
 Fifty-eighth — To regulate places of amusement. 
 
 Fifty-ninth — To prevent intoxication, fighting, quarreling, dog 
 tights, cock fights, and all disorderly conduct. 
 
 Sixtieth — To regidate partition fences and party walls. 
 
P RE SENT C IT A R/r E R . 
 
 05 
 
 S Ixty-pWst — To prescrilie tlie thickness, strengtli and manner of 
 constructing, stone, Inick and otlier buildings, and construction 
 of fire escnpes therein. 
 
 Sixty-second — The City Council, and the President and Trus- 
 tees in villages, for the purpose of guarding against the calamities 
 of hre, shall have power to prescribe the limits within which wooden 
 buildings shall not be erected or placed or repaired, without per- 
 mission, and to direct that all and any buildings within the fire 
 limits, when the same shall have been damaged by fire, decay or 
 otherwise, to the extent of fifty per cent, of the value, shall be 
 torn down or removed, and to prescribe the manner of ascertain- 
 ing such damage. 
 
 Sixty-third — To prevent the dangerous construction and con- 
 dition of chimneys, fire places, hearths, stoves, stove-pipes, ovens, 
 boilers and apparatus used in and about any building and manu- 
 factory, and to cause the same to be removed or placed in a safe 
 condition, when considenul dangerous; to regulate and prevent 
 the carrying on of manufactories dangerous in causing and pro- 
 moting fires; to prevent the deposit of ashes in unsafe places, and 
 to cause all such buildings and inclosures as may be in a danger- 
 ous state to be put in a safe condition. 
 
 Sixty-fourth — To erect engine houses, and provide fire engines, 
 hose carts, hooks and ladders, and other implements for preven- 
 tion and extinguishment of fires, and jirovide for the use and 
 management of the same by voluntary fire companies or other- 
 wise. 
 
 Sixty -ffth — To regulate and pi-event storage of gunpowder, tar, 
 pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro- 
 glycerine, petroleum, or any of the products thereof, and other 
 combustible or explosive material, and the use of lights in stables, 
 shops and other places, and the building of bonfii es; also to regu- 
 late and restrain the use of fire- works, fire-crackers, torpedoes, 
 Roman candles, sky-rockets, and other pyrotechnic displays. 
 
 Sixty-sixth — To regulate the ])olice of the city or village, and 
 pass and enforce all necessary police ordinances. 
 
 Sixty-seventh — To provide for the inspection of steam boilers 
 
 Sixty-eighth — To jirescribe the duties and powm-s of a superin- 
 tendent of police, policemen and watchmen. 
 
 Sixty-ninth — To establish and erect calabooses, bridewells, 
 houses of correction and workhouses, for the reformation and con- 
 finement of vagrants, idle and disorderly persons, and persons 
 convicted of violating any city or village; ordinance, and make 
 rules and regulations for the government of the same, and appoint 
 necessary keepers and assistants. 
 
 Seventieth — To use tlu‘ county jail for the; confinement or pun- 
 
 5 
 
G6 
 
 PRESENT CHARTER. 
 
 ishment of olfenders, subject to such conditions as are imposed 
 by law, and with tlie consent of the county l)oard. 
 
 Seventy -first — To provide by ordinance in regard to the relation 
 l3etween all the officers and employees of the corporation in re- 
 spect to each other, the corporation and the ])eople. 
 
 Seventy -second — To prevent and suppress riots, routs, affrays, 
 noises, disturbances, disorderly assem lilies, in any public or pri- 
 vate place. 
 
 Seventy -third — To prohil^it and punish cruelty to animals. 
 
 Seventy -fourth — To restrain and punish vagrants, mendicants 
 and prostitutes. 
 
 Seventy-fifth — To declare what shall be a nuisance, and to abate 
 the same; and to impose fines upon parties who may create, con- 
 tinue or suffer nuisances to exist. 
 
 Seventy -sixth — To appoint a Board of Health, and prescribe its 
 powers and duties. 
 
 Seventy-seventh — To erect and establish hospitals and medical 
 dispensaries, and control and regulate the same. 
 
 Seventy-eighth — To do all acts, make all regulations which 
 may be necessary or expedient for the promotion of health or the 
 suppression of disease. 
 
 Seventy -ninth — To establish and regulate cemeteries within or 
 witliout the corporation, and acquire lands therefor, by purchase 
 or otherwise, and cause cemeteries to be removed, and prohibit 
 their establishment within one mile of the corporation. [See 
 “Cemeteries,” ch. 21, § 4. 
 
 Eightieth — To regulate, restrain and prohibit the running at 
 large of horses, cattle, swine, sheep, goats, geese and dogs, and to 
 impose a tax on dogs. [See “Animals,” ch. 8, § 1 - 7 . 
 
 Eighty-fin'st — To direct the location and regulate the manage- 
 ment and construction of packing houses, renderies, tallow chand- 
 leries, bone factories, soap factories and tanneries, within the 
 limits of the city or village, and within the distance of one mile 
 without the city or village limits. 
 
 Eighty-second — To direct the location and regulate the use and 
 construction of breweries, distilleries, livery stables, blacksmith 
 shops and founderies within the limits of the city or village. 
 
 Eighty-third — To prohibit any offensive or unwholesome busi- 
 ness or establishment within or within one mile of the limits of 
 the corporation. 
 
 EigJity-fourth — To compel the owner of any grocery, cellar, 
 soap or tallow chandlery, tannery, stal)le, pig sty, privy, sewer or 
 other unwholesome or nauseous liouse or place, to cleanse, abate 
 or remove tlie same, and to regulate tlie location thereof. 
 
 Eighty-fifth — The City Council, or Trustees of a village, shall 
 
I‘ R IC S 1<: N T CHAR 1’ E R . 
 
 67 
 
 have power to provide for tlie taking of the city or village census; 
 but no city or village census shall be taken by authority of the 
 Council or Trustees oftener than once in three years. 
 
 J^ufhty-siMh — To provide for the erection and care of all pub- 
 lic buildings necessary for the use of the city or village. 
 
 Eighty -seventh — To establish ferries, toll bridges, and license 
 and regulate the same, and, from time to time, fix tolls thereon. 
 [See § 194. 
 
 Eighty-eighth — To authorize the construction of mills, mill- 
 races and feeders on, through or across the streets of the city or 
 village, at such places and under such restrictions as they shall 
 deem proper. 
 
 Eighty-ninth — The City Council shall have power, by con- 
 demnation or otherwise, to extend any street, alley or highway 
 over or across, or to construct any sewer under or through any 
 railroad track, right of vvay, or land of any railroad company 
 (within the corporate limits); but where no compensation is made 
 to such railroad company, the city shall restore such railroad 
 track, right of way or land to its former state, or in a sufficient 
 manner not to have impaired its usefulness. 
 
 Ninetieth — The City Council or Board of Trustees shall have no 
 power to grant the use of, or the right to lay down, any railroad 
 tracks in any street of the city, to any steam or horse railroad 
 company, except upon a petition of the owners of the land repre- 
 . senting more than one-half of the frontage of the street, or so 
 much thereof as is sought to be used for railroad purposes. [See 
 “H. and D. R. R.” ch. 66, § 3; “Railroads and Warehouses,” ch. 
 114, §19. 
 
 Ninety-jirst — To tax, license and regulate auctioneers, distil- 
 lers, brewers, lumber yards, livery stables, public scales, money 
 changers and brokers. 
 
 Ninety -second — To prevent and regulate the rolling of hoops, 
 playing of ball, flying of kites, or any other amusement or prac- 
 tice having a tendency to annoy persons passing in tlie streets or 
 on the sidewalks, or to frighten teams and horses. 
 
 Ninety-third — To regulate and prohibit the keeping of any 
 lumber yard, and the placing or piling or selling any lumber, tim- 
 ber, wood or other combustible material, within the fire limits of 
 the city. 
 
 Ninety-fourth — To provide, by ordinance, that all tin; paj)er, 
 printing, stationery, blanks, fuel, and all the su})plies needed for 
 the use of the city, shall be furnished by contract, let to the low- 
 est bidder. 
 
 Ninety-ffth — To tax, license and regulate second-hand and 
 junk stores, and to forbid their purchasing or receiving from 
 
G8 
 
 P R E S E X T CHART E R . 
 
 minors, without the written consent of tlieir parents or guardians, 
 any article whatsoever. 
 
 N^inety-sixth — To pass all ordinances, rules, and make all reg- 
 ulations, proper or necessary, to carry into effect the powers 
 granted to cities or villages, with such hues or penalties as the 
 City Council or board of trustees shall deem pi-oper: Provided., 
 no ffne or penalty shall exceed |>200, and no imprisonment shall 
 exceed six months for one offense. 
 
 G3. Style of ordinances.^ § 2. The style of the ordinances 
 in cities shall be: “Be it ordained by the City Council of ” 
 
 G4. Piddication of ordinances — vfhen to talxc effect §3. All 
 ordinances of cities and villages imposing' any fine, penalty, im- 
 prisonment or forfeiture, or making any appropriation, shall, within 
 one month after they are passed, be published at least once in a 
 newspaper published in the city or village, or, if no such newspa- 
 per is published therein, by ])osting copies of the same in three 
 ])ublic places in the city or village; and no such ordinance shall 
 take effect until ten days after it is so jmblished. And all other 
 ordinances, orders and resolutions shall take effect from and after 
 their passage, unless otherwise ])rovided therein. 
 
 G5. Pro<f of or dinances?[ § 4. All ordinances, and the date 
 of publication thereof, may be proven by the certificate of the 
 clerk, under the seal of the corporation. And wdien printed in 
 book or pamphlet form, and purporting to be pulrlished by author- 
 ity of the Board of Trustees or the City Council, the same need not 
 be otherwise published; and such book or pamphlet shall be re- 
 ceived as evidence of the passage and legal publication of such 
 ordinances, as of the dates mentioned in such book or pamphlet, in 
 all courts and places wfithout further proof. [See “Evidence, 
 etc.,” ch. 51, § 14. 
 
 GG. Suits for viola.tiny ordinances.^ § 5. All actions brought 
 to recover any fine, or to enforce any penalty, under any ordi- 
 nance of any city or village, shall be brought in the corporate 
 name of the cit}^ or village as plaintiff; and no prosecution, recov- 
 ery or acquittal, for the violation of any such ordinance, shall con- 
 stitute a defense to any other prosecution of the same party for 
 any other violation of any such ordinance, although the different 
 causes of action existed at the same time, and, if united, would 
 not have exceeded the jurisdiction of the court or magistrate. 
 
 G7. Pines and licenses 2 )((id to treasurer.^ § G. All fines and 
 forfeitures for the violation of ordinances, when collected, and 
 all money collected for licenses or otherwise, shall be paid into 
 the treasury of the corporation, at such times and in such man- 
 ner as may be ])rescribed by ordinance'. 
 
 G8. Su))imo}is — affidavit — punishment.] § 7. 
 
 In all actions 
 
P K E S E N T CHARTER. 
 
 69 
 
 for the violation of any ordinance, the first process shall be a sum- 
 mons: Promded^ hoicever^ that a warrant for the arrest of the 
 ofiender may issue in the first instance upon the affidavit of any 
 person that any such ordinance has been violated, and that the 
 person making* the complaint has reasonable grounds to believe 
 the party charged is guilty thereof; and any person arrested 
 upon such warrant shall, without unnecessary delay, be taken 
 before the proper officer to be tried for the alleged offense. Any 
 person upon whom any fine or penalty shall be imposed, may, 
 upon the order of the court or magistrate before whom the convic- 
 tion is had, be committed to the county jail or the calaboose, city 
 prison, work-house, house of correction, or other place provided 
 by the city or village for the incarceration of offenders, until such 
 fine, penalty and cost shall be fully paid: Promded^ that no such 
 imprisonment shall exceed six months for any one offense. The 
 City Council or board of trustees shall have power to provide, by 
 ordinance, that every person so committed shall be required to 
 work for the corporation, at such labor as his or her strength will 
 permit, within and without such prison, work-house, house of cor- 
 rection, or other place provided for the ijicarceration of such 
 offenders, not exceeding ten hours each working day, and for such 
 work the person so employed to be allowed, exclusive of his or 
 her board, for each day’s work on account of such fine and 
 cost. 
 
 69. Jurisdiction (>f Justices^ etc?\ § 8 . Any and all Justices 
 of the Peace and Police Magistrates shall have jurisdiction in all 
 cases arising under the provisions of this act, or any ordinance 
 passed in pursuance tliereof.. 
 
 70. Constable or Sheriff tnat/ serce jrrocess^ etc.\ § 9. Any 
 Constable or Sheriff of the county may serve any process, or 
 make any arrests authorized to be made by any city officer. 
 
 71. Jurisdiction omr waters^ § 10. The city or village gov- 
 ernment shall have jurisdiction upon all waters within or border- 
 ing upon the same, to the extent of three miles beyond the limits 
 of the city or village, but not to exceed the limits of the State. 
 [See § 44, Uo, 216. 
 
70 
 
 PRESENT CHARTER. 
 
 ARTICLE • VI. 
 
 OFFICERS— THEIR POWERS AND DUTIES. 
 
 Section. 
 
 72. Officers enumorateil. 
 
 73. Other officers— duties of City Marshal. 
 
 74. Appointment — vacancies — duties — 
 
 powers. 
 
 75. Oath— bond. 
 
 76. Commission— certificate— delivery to 
 
 successors. 
 
 77. Qualifications of officers. 
 
 78. Officers not 'to be interested in con- 
 
 tracts, etc. 
 
 Section. 
 
 79. Bribery— penalty. 
 
 80. Mayor, etc., not to hold other office. 
 
 81. Duties of Clerk. 
 
 82. Record of ordinances. 
 
 83. Conservators of the peace— powers. 
 
 84. Compensation of Mayor. 
 
 85. Compensation of Aldermen, etc. 
 
 86. Compensation of other officers. 
 
 87. Administering oaths. 
 
 72. Officers.^ § 1. There shall be elected, in all cities organ- 
 ized under this act, the following officers, viz: a Mayor, a City 
 Council, a City Clerk, City Attorney, and a City Treasurer. 
 
 73. Other officers — duties of City Marshali] § 2. The City 
 Council may, in its discretion, from time to time, by ordinance 
 passed by a vote of two-thirds of all the Aldermen elected, pro- 
 vide for the election by the legal voters of the city, or the appoint- 
 ment by the Mayor, with the approval of the City Council, of a 
 City Collector, a City Marshal, a City Superintendent of Streets, 
 a Corporation Counsel, a* City Comptroller, or any or either of 
 them, and such other officers as may by said Council be deemed 
 necessary or expedient. The City Council may, by a like -vote, 
 by ordinance or resolution, to take effect at the end of the then 
 fiscal year, discontinue any office so created, and devolve the 
 duties thereof on any other city officer; and no officer, filling any 
 such office so discontinued, shall have any claim against the city 
 on account of his salary, after such discontinuance. The City 
 Marshal shall perform such duties as shall be prescribed by the 
 City Council for the preservation of the public peace, and the 
 observance and enforcement of the ordinances and laws; he shall 
 possess the power and authority of a constable at common law, 
 and under the statutes of this State. 
 
 74. Appointment — vacancies — duties — poioersi] § 3. All offi- 
 cers of any city, except where herein otherwise provided, shall be 
 appointed by the Mayor (and vacancies in all offices, except the 
 Mayor and Aldermen, shall be filled by like appointment) by and 
 with the advice and consent of the City Council. The City Coun- 
 cil may, by ordinance not inconsistent with the provisions of tliis 
 act, prescribe the duties and define the powers of all such officers, 
 together with the term of any such office: Provided^ the term 
 shall not exceed two years. [See § 15-18, 32. 
 
PRESENT C II A R T E R . 
 
 71 
 
 75. Oath — hand.] § 4. All officers of any city or villaj^e, 
 whether elected or appointed, shall, before enterino- upon the 
 duties of their respective offices, take and subscribe the following 
 oath or affirmation: 
 
 I do solemnly swear (or affirm, as the case may be,) that I will support the constitution 
 of the United States, and the constitution of the State of Illinois, and that I will faith- 
 fully discharge the duties of the office of according to the best of my ability. 
 
 Which oath or affirmation, so subscribed, shall be filed in the 
 office of the Clerk. And all such officers, except ikldermen and 
 Trustees, shall, before entering upon the duties of their respec- 
 tive offices, execute a bond with security, to be approved by the 
 City Council or Board of Trustees, payable to the city or village, 
 in such penal sum as may, by resolution or ordinance, be directed, 
 conditioned for the faithful performance of the duties of the office 
 and the payment of all moneys received by such officer, according 
 to law and the ordinances of said city or village: Provided^ hoic- 
 that in no case shall the Mayor’s bond be fixed at a less sum 
 than three thousand dollars ($3,000); nor shall the Treasurer’s 
 bond be fixed at a less sum than the amount of the estimated tax 
 and special assessments for the current year — which bonds shall 
 be filed with the Clerk (except the bond of the Clerk, which shall 
 be filed with the Treasurer). 
 
 76. Commission — certipcate — dedimry to 6‘«cc*moT6’.] § 5. All 
 officers elected or appointed under this act (except the Clerk, 
 Aldermen and Mayor, and Trustees,) shall be commissioned by 
 warrant, under the coi’porate seal, signed by the Clerk and the 
 Mayor or presiding officer of the City Council or Board of Trus- 
 tees. The Mayor or President of the Board of Trustees shall 
 issue a certificate of appointment or election, under the seal of 
 the corporation, to the Clerk thereof, and any person having been 
 an officer of the city or village, shall within five days after notifi- 
 cation and re({uest, deliver to his successor in office all property, 
 books and effects of every description in his possession, belonging 
 to the city or village, or a])pertaining to his said office; and upon 
 his refusal to do so, shall be liable for idl the damages caused 
 thereby, and to such penalty as may by ordinance be prescribed. 
 
 77. QiKtlipcations (>f ojp,cers.\ ^6. No })erson shall be eligi- 
 ble to any office who is not a (jualified elector of the city or vil- 
 lage, and who shall not have resided therein at least one year 
 next preceding his election or appointment, nor shall any person 
 be eligible to any office who is a defaulter to the corporation. 
 [See “Officers,” ch. 102, ^ 2, 4. 
 
 78. JShot to he interested in contracts^ etc.\ § 7. No officer shall 
 be directly or indirectly interested in any contract, work or busi- 
 ness of the city, or the sale of any article, the expense, price or con- 
 
72 
 
 PRESENT CHARTER. 
 
 sideration of which is paid from the treasury, or by any assess- 
 ment levded by any act or ordinance; nor in the purchase of any 
 real estate or other property belonging to the corporation, or 
 which shall be sold for taxes or assessments, or by \drtue of legal 
 process at the suit of said corporation. [See “Officers,” ch. 102, 
 
 S3, 4. 
 
 79. Bribery — penalty?^ § 8. Every person who shall prom- 
 ise, offer or give, or cause, or aid, or abet in causing to be prom- 
 ised, offered or given, or furnish or agree to furnish, in whole or 
 in part, to be promised, offered or given to any member of the 
 City Council or Board of Trustees, or any officer of the corpora- 
 tion, after or before his election or appointment as such officer, 
 any moneys, goods, right in action, or other property or anything 
 of value, or any pecuniary advantage, present or prospective, 
 with intent to influence his vote, opinion, judgment or action on 
 any question, matter, cause or proceeding which may be then 
 pending, or may by law be brought before him in his official ca- 
 pacity, shall, upon conviction, be imprisoned in tlie penitentiary 
 for a term not exceeding two years, or shall be fined not exceed- 
 ing 85,000, or both, in the discretion of the court. Every officer 
 who shall accept any such gift or promise, or undertaking to 
 make the same under any agreement or understanding that his 
 vote, opinion, judgment or action shall be influenced thereby, or 
 shall be given in any question, matter, cause or proceeding then 
 pending, or which may by law be brought before him in his of- 
 ficial capacity, shall, upon conviction, be disqualified from holding 
 any public office, trust or appointment under the city or village, 
 and shall forfeit his office, and shall be punished by imprisonment 
 in the penitentiary not exceeding two years, or by a fine not ex- 
 ceeding 85,000, or both, in the discretion of the court. Every per- ^ 
 son offending against either of the provisions of this section, shall 
 
 be a competent witness against any other person offending in the 
 same transaction, and may be compelled to appear and give evi- 
 dence before any grand jury or in any court in the same manner 
 as other persons; but the testimony so given shall not be used in 
 any prosecution or proceeding, civil or criminal, against the per- 
 son so testifying. [See “Grim. Code,” ch. 38, § 31, 35. 
 
 80. Mayoi\ etc.^ not to hold other office.^ § 9. No Mayor, 
 Alderman, City Clerk or Treasurer, shall hold any other office 
 under the city government during his term of office. [See “Of- 
 ficers,” ch. 102, § 2, 4. . 
 
 81. Duties of clerk.^ § 10. The Clerk shall keep the cor- 
 porate seal, to be provided under the direction of the City Coun- 
 cil or the Board of Trustees, and all papers belonging to the 
 city or village; he shall attend all meetings of the City Council 
 
PRESENT CHARTER. 
 
 ( o 
 
 or Board of Trustees, and keep a full record of its proceedings in 
 the journal; and copies of all papers duly filed in his office, and 
 transcripts fi-oni the journals and other records and files of his 
 office, certified by him under the corporate seal, shall be evidence 
 in all courts, in like manner as if the original were produced. 
 
 82. Record of ordinances?^ § 11. The Clerk shall record, in 
 a book to be kept for that purpose, all ordinances passed by the 
 City Council or Board of Trustees, and at the foot of the I'ecord 
 of each ordinance so recorded, shall make a memorandum of the 
 date of the passage and of the publication or posting of such 
 ordinance, which record and memorandum, or a certified copy 
 thereof, shall be prvma facie evidence of the passage and legal 
 publication or posting of such ordinances for all purposes what- 
 soever. 
 
 88. Co'}ise7'vators of the peace — powers?\ § 12. The Trustees 
 in villages, the Mayor, Aldermen, and the Marshal and his depu- 
 ties, policemen and watchmen,’ in cities, if any such be appointed, 
 shall be conservators of the peace; and all officers created conser^ 
 vators of the peace by this act, or authorized by any ordinance, 
 shall have power to arrest, or cause to be arrested, with or with- 
 out process, all persons who shall break the peace, or be found 
 violating any ordinance of the city or village, or any criminal law 
 of the State, commit for examination, and if necessary, detain 
 such persons in custody over night or Sunday iti the watch house, 
 or any other safe place, or until they can be brought before the 
 proper magistrate, and shall have and ext;rcise such other powers, 
 as conservators of the peace, as the City Council or Board of 
 Trustees may prescribe. [See § 21. 
 
 84. Compensation of ]\la(ior?[ 5^ 18. The Mayor of any city 
 shall receive such compensation as the City Council may by ordi 
 nance direct, but his com})ensation shall not be changed during 
 his term of office. [See § 287. 
 
 85. Compensation of Aldermen and Ihoistees.^ § 14. The 
 Aldermen and Trustees may receive such coni])ensation for their 
 services as shall be fixed by ordinance; Prodded^ howece)\ siudi 
 compensation shall not exceed -t8 to each x\lderman or Trust(T> 
 for each meeting of the City Council, or Board of Tiaistees, actually 
 attended by him, and no other compensation than for attendance 
 upon such meetings shall be allowed to any Alderman or Trustee 
 for any services whatsoever. Such compensation shall not be 
 changed, after it has been once established, so as to take elfect as 
 to any Alderman or Trustee voting for such change, during his 
 term of office. [See ^ 287. 
 
 86. Compensation of other officer s?\ ^ 15. All other officers 
 
 may receive a salary, fees or other compensation to be fixed by 
 
74 
 
 PRESENT CHARTER. 
 
 ordinance, and after tlie same has been once fixed, such fees or 
 compensation shall not be increased or diminished, to take effect 
 durino' the term for which any such officer was elected or ap- 
 pointed; and eveiw such officer shall make and return to the Mayor, 
 or President of the Board of Trustees, a semi-annual report, veri- 
 fied by affidavit, of all such fees and emoluments received by him. 
 [See “'Fees and Salaries,” ch. 53, § 38. 
 
 87. Administering oaths.^ § 1(3. The Mayor of any city, and 
 Clerk of any city or villag-e, shall have power to administer oaths 
 and affirmations upon all lawful occasions. 
 
 ARTICLE VII. 
 
 OF FINANCE. 
 
 Section. 
 
 88. Fiscal year. 
 
 89. Amiual appropriatiou ordinance. 
 
 90. Limitation — enierffoncy— borrowing 
 money. 
 
 91. Contracting liabilities limited. 
 
 92. Duties of Treasurer. 
 
 93. Separate accounts. 
 
 91. Receipts. 
 
 95. Monthly statements — warrants — 
 vouchers, register. 
 
 96. De])osit of funds — separate from his 
 own. 
 
 97. '['reasurer’s annual report— publica- 
 tion. 
 
 98. Warrants. 
 
 99. Special assessment funds kept sepa- 
 rate. 
 
 CITY COLLECTOR. 
 
 100. Ills duties. 
 
 Section. 
 
 101. He shall report, etc.— publication. 
 
 102. Not to detain money— penalty. 
 
 103. Examination of his books — paying 
 over. 
 
 CITY COMPTROLLER. 
 
 104. His powers and duties. 
 
 105. Council may define duties— transfer 
 of Clerk’s financial duties. 
 
 106. Record of bonds issued by city. 
 
 GENERAL PROVISIONS. 
 
 107. Further duties may be required of 
 officers. 
 
 108. Appeal to finance committee. 
 
 109. Who may appoint subordinates— lia- 
 bility. 
 
 110. F'oreign insurance companies — li- 
 cense, etc., penalties. 
 
 88. Fiscal geari\ ^ 1. The fiscal year of each city or vil- 
 lage organized under this act shall commence at the date estab- 
 lished hy law for the annual election of municipal officers therein, 
 or at such other times as may be fixed by ordinance. 
 
 89. Annual appropriation ordinance.^ § 2. The City Coun- 
 cil of cities, and Board of Trustees in villages, shall, within the 
 first quarter of each fiscal year, pass an ordinance, to be termed 
 the annual appropriation bill, in which sucli corporate authorities 
 may appropriate such sum or sums of money as may be deemed 
 necessary to defray all necessary exjieiises and liabilities of such 
 corporation; and in such ordinance sliall specify the objects and 
 purposes for which siich appropriations are made, and the amount 
 
P R E S E isr T CHARTER. 
 
 approj:>riated for each object or purpose. No further appropria- 
 tions shall be made at any other time within such fiscal year, 
 unless the proposition to make each appropriation has been first 
 sanctioned by a majority of the legal voters of such city or village, 
 either by a petition signed by them, or at a general or special 
 election duly called therefor. [See § 245, 253. 
 
 90. Limitation — emergency — horrotoing money. §3. Neither 
 the City Co.uncil nor the Board of Trustees, nor any department 
 or officer of the corporation, shall add to the corporation expend- 
 itures in any one year anything over and above the amount pro- 
 vided for in the annual appropriation bill of that year, excej)t as 
 is herein otherwise specially provided; and no expenditure for an 
 improvement to be paid for out of the general fund of the corpo- 
 ration shall exceed, in any one year, the amount provided for 
 such improvement in the annual appropriation bill; Prodded., 
 Juncecer., that nothing herein contained shall' prevent the City 
 Council or Board of Trustees from ordering, by a two-thirds vote, 
 any improvement, the necessity of which is caused by any casualty 
 or accident happening after such annual appre^priation is made. 
 The City Council or Board of Trustees may, by a like vote, order 
 the Mayor or President of the Board of Trustees and finance 
 committee to borrow a sufficient amount to provide for the ex- 
 pense necessary to be incurred in making any improvements, the 
 necessity of which has arisen as is last above mentioned, for a 
 space of time not exceeding the close of the next fiscal year — 
 which sum, and the interest, shall be added to the amount au- 
 thorized to be raised in the next general tax levy, and embraced 
 therein. Should any judgment be obtained against the corpora- 
 tion, the Mayor, or President of the Board of Trustees and finance 
 committee, under the sanction of the City Council or Board of 
 Trustees, may borrow a sufficient amount to pay the same, for a 
 space of time not exceeding the close of the next fiscal year — 
 which sum and interest shall, in like manner, be added to the 
 amount authorized to be raised in the general tax levy of the next 
 year, and embraced therein. [See ^ 245. 
 
 91. (hmtracting liabilities Ihi cited. ^ ^ 4. No contract shall be 
 hereafter made by the City Council or Board of Tnistees, or any 
 committee or member thereof; and no expense shall be incui'i’od 
 by any of the officers or departments of the (‘oi-j^oration, whether 
 the object of the expenditure shall have been ordered by the City 
 Council or Board of Trustees or not, uidess an appropriation shall 
 have been previously made concerning such expetise, except as 
 herein otherwise expressly provided. [See Crim. Code, ch. 38, 
 g 208. 
 
 92. Duties of Treasurer. \ § 5. The 'Ib’easurcu- shall receive 
 
76 
 
 PRi:SENT CHARTER. 
 
 all moneys l)elono-ing to the corporation, and shall keep his books 
 and accounts in such manner as may be prescribed by ordinance, 
 and such books and accounts shall always be subject to the in- 
 spection of any member of the City Council or Board of Trustees. 
 
 lid. Separate accounts.^ § 6, He shall keep a separate 
 account of each fuml or appropriation, and the debts and credits 
 belono-iiiP- thereto. 
 
 lid. Iteceipts.^ § 7. He shall give every person paying 
 money into the treasury a receipt therefor, specifying the date of 
 payment, and upon what account paid; and he shall also file copies 
 of such receipts with the Clerk, at the date of his monthly reports. 
 
 05. ^lonthhj statements — warrants — muchers — register.^ § 8. 
 The Treasurer shall, at the end of each and every month, and 
 oftener if recpiircd, render an account to the City Council or 
 Board of Trustees, or such officer as may be designated by ordi- 
 najice, (under oath,) showing the state of the treasury at the 
 date of such account, and the balance of the money in the treas- 
 ury. He shall also accompany such accounts with a statement of 
 all moneys received into the treasury, and on what account, to- 
 gether with all warrants redeemed and paid by him; which said 
 warrants, with any and all vouchers held by him, shall be deliv- 
 ered to the Clerk, and filed with his said account in the Clerk’s 
 office, upon every day of such settlement. He shall return all 
 warrants ])aid by him stamped or marked “paid.” He shall keep 
 a register of all warrants redeemed and paid, which shall describe 
 such warrants, and show the date, amount, number, the fund from 
 which paid, the name of the person to whom and when paid. 
 
 06. Deposit of famU — separate fro) n his. ^ § 9. The Treas- 
 
 urer may be retjuired to keep all moneys in his hands, belonging 
 to the corporation, in such place or places of deposit as may be 
 designated by ordinance: Prorided., however., no such ordinance 
 
 shall be passed l>y which the custody of such money shall be 
 taken from the Treasurer and deposited elsewhere than in some 
 regularly organized bank, nor without a bond to be taken from 
 such bank, in such penal sum and with such security as the City 
 Council or Board of Trustees shall direct and approve, sufficient 
 to save the corporation from any loss; but such penal sum shall 
 not be less than the estimated receipts for the current year from 
 taxes and special assessments levied or to be levied, by the cor- 
 poration. The Treasui-er shall keep all moneys belonging to the 
 corporation in his hands separate and distinct from his own 
 moneys, and he is hereby expressly prohibited from using, either 
 directly or indirectly, the corporation money or warrants in his 
 custody and keeping, for his owm use and benefit, or that of any 
 other person or persons whomsoever; and any violation of this pro- 
 
PRESENT CHARTER. 
 
 t'^IV 
 
 vision shall subject him to immediate removal from office by the 
 City Council or Board of Trustees, who are hereby authorized to 
 declare said office vacant; and in which case his successor shall be 
 appointed, who shall hold his office for the remainder of the term 
 unexpired of such officer so removed. [See “Crim. Code,” ch. 38, 
 
 g 80, 81. 
 
 97. Treasurer’ annual report — piihlication^ g 10. The 
 
 Treasurer shall report to the City Council or Board of Trustees, 
 as often as required, a full and detailed account of all receipts 
 and expenditures of the corporation, as shown by his books, up to 
 the time of said report, and he shall, annually, between the first 
 and tenth of April, make out and file with the Clerk a full and 
 detailed account of all such receipts and expenditures, and of all 
 his transactions, as such Treasurer, during the ])recedino- fiscal 
 year, and shall show in such account the state of the treasuiy at 
 the close of the fiscal year; which account the clerk shall imme- 
 diately cause to be published in a newspaper printed in such city, 
 if there be one, and if not, then by postinor the same in a public 
 place in the Clerk’s office. 
 
 98. W^arrants^ g 11. All warrants drawn upon the Treas- 
 urer must be signed by the Mayor and countersigned by the 
 Clerk, stating the jiarticular fund or appropilation to which the 
 same is chargeable, and the person to whom payable; and no 
 money shall be otherwise paid than upon such warrants so drawn, 
 except as hereinafter provided. 
 
 99. Special a,ssessment funds kept separate f g 12. All 
 moneys received on any special assessment shall be held by the 
 Treasurer as a special fund, to be applied to the payment of the 
 improvement for which the assessment was made, and said money 
 shall be used for no other purpose whatever, unless to reimburse 
 such corporation for money expended for such improvement. 
 
 CITY COLLECTOR. 
 
 100. His duties.lj^ g 13. It shall be the duty of the Collecb^r, 
 when one is appointed, to preserve all warrants which are re- 
 turmnl into his hands, and he shall keep such books and his ac- 
 counts in such manner as the City Council may prescribe. Such 
 wan-ants, books, and all papers pertaining to his office, shall at 
 all times be open to the inspection of and subject to the exami- 
 nation of the Mayor, City Clerk, any memb(u- of the Council, or 
 committee thereof. He shall wc(^kly, and oftener if recpiired by 
 the Council, pay over to the Trc^asurer all momys coll(K;ted by 
 him from any source whatevei', taking such d’reasurer’s i(u;(ii])t 
 therefor, which receipt he shall immediately file with the City 
 
78 
 
 P K E S E X T CHARTER. 
 
 Clerk; but the City Clerk shall, at the time, or on demand, give 
 such Tax Collector a copy of any such receipt so filed. 
 
 101. He shall report, etc. — pmhlicatlon?^ § 14. He shall 
 make a report, in writing, to the Council^ or any officer designated 
 by the Council, of all moneys collected by him, the account 
 whereon collected, or of any other matter in connection with his 
 office, when required by the Council or by any oi’dinance of the 
 city. He shall also, annually, between the first and tenth of 
 A])ril, file with the Cleilc a statement of all the moneys collected 
 by him during the year, the particular warrant, special assessment 
 or account on which c(illected, the balasice of moneys uncollected 
 on all warrants in his hands, and the balance remaining uncol- 
 lected at the time of the return on all warrants which he shall 
 have returned, during the j)receding fiscal year, to the City Clerk. 
 The City Clerk shall puljlish or post the same, as hereinbefore re- 
 ouired to be done in reo-ard to the annual report of the Treasurer. 
 [See g 07. 
 
 102. H ot to detain money — penalty. \ §15. The Collector is 
 hereby exj)ressly prohibited from keeping the moneys of the city 
 in his hands, or in the hands of any person or corporation, to his 
 use, beyond the time which may be prescribed for the payment of 
 the same to the Treasurer, and any violation of this provision 
 will subject him to immediate removal from office. [See Crim. 
 Code, cln 38, § 80, 81. 
 
 103. Hxamination of his hooks — paying overf^ § 16. All the 
 City Collector’s papers, books, warrants and vouchers may be 
 examined at any time l)y the Mayor or Clerk, or any member of 
 the City Council; and the Collector shall every two weeks, or 
 oftener if the City Council so direct, pay over all money collected 
 by him from any person or persons, or associations, to the Treas- 
 urer, taking his receipt therefor in duplicate, one of which re- 
 ceipts he shall at once file in the office of the Clerk. 
 
 CITY COMPTROLLER. 
 
 104. His powers and duties.\ § 17. The City Comj^troller 
 (if there shall be any City Comptroller appointed, if not, then the 
 Clerk) shall exercise a general supervision over all the officers of 
 the corporation charged in any manner with the receipt, collec- 
 tion or disbursement of corporation revenues, and the collection 
 and return of all such revenues into the treasury. He shall have 
 the charge, custody and control of all deeds, leases, warrants, 
 V()uch(u-s, books and j)apers of any kind, the custody and control 
 of which is not herein givcui to any other officer's; and he shall, on 
 or before the fifteenth day of May, in each year, and before the 
 
PRESENT CHARTER.. 
 
 79 
 
 annual appropriations to he made by the City Council or Board 
 of Trustees, submit to the City Council or Board of Trustees a 
 report of his estimates, as nearly as may be, of moneys necessary 
 to defray the expenses of the corporation during- the current fiscal 
 year. He shall, in said report, class the different objects and 
 branches of expenditures, giving, as nearly as may be, the amount 
 required for each; and for the purpose of making such report, he 
 is authorized to require of all officers tlieir statement of the con- 
 dition and expenses of their respective offices or departments, 
 with any proposed improvements and the [)robable expense there- 
 of, all contracts made and unfinished, and the amount of any and 
 all unexpended appropriations of the preceding year. He shall, 
 in such report, show the aggregate income of the preceding fiscal 
 year, from all sources, the amount of liabilities outstanding upon 
 which interest is to be paid, the bonds and debts payable dining 
 the year, when due and when payable; and in such report he 
 shall give such other information to the Council or Board of 
 Trustees as he may deem necessary, to the end that the City 
 Council or Bqard of Trustees may fully understand the money 
 exigencies and demands upon the corporation for the current year. 
 
 105. (Jouncil may define the d'uties — transfer of (JlerJfsfi’/)ian- 
 cial dutiesf\ § 18. When there shall be appointed in any city 
 a Comptroller, the City Council may, by ordinance or resolution, 
 confer upon him such powers, and provide for the performance of 
 such duties by him, as the City Council shall deem necessary and 
 proper; and all the provisions of this act relating to the duties of 
 City Clerk, or the powers of City Clerk in connection with tlie 
 finances, the Treasurer and Collector, or the receipt and dis- 
 bursements of the moneys of such city, shall be exercised and 
 performed by such Comptroller, if one there shall be ap})ointed; 
 and to that end and purpose, wherever in this act heretofore the 
 word “Clerk” is used, it shall be held to mean “Comptroller;” 
 and wherever the “Clerk’s office” is referred to, it shall be held to 
 mean “Comptroller’s office.” 
 
 100. Record of bonds issued by city ^ 19. The Comptroller, 
 when there shall be a Comptroller, and if not, then the Clerk, 
 shall keep in his office, in a book or liooks kept expressly for that 
 purj)ose, a correct list of all the outstanding bonds of the city, 
 showing the number and amount of each, for and to whom the 
 said bonds are issued; and when any city bonds are })urchased, or 
 ])aid, or canceled, said book or books shall show the fact; and in 
 his annual report he shall descrilxq ])articularly, the bonds sold 
 during the year, and the terms of sale, with cm(9i and every item 
 of expense thereof. 
 
80 
 
 r K E S E 5s' T C H A K T E E . 
 
 GENERAL PROVISIONS. 
 
 107. Further duties muy he re(pdredd\ § 20. The Collector 
 and Treasurer, and all otlnn- officers connected with the receipt 
 and expenditure of money, shall jierform such other duties, and 
 he subject to such other rules and reo-ulatiojis as the City Coun- 
 cil or Board of Trustees may, from time to time, by ordinance, 
 pi-ovide and establish. 
 
 108. Appexd to finance committee^ § 21. In the adjustment 
 of the accounts of the Collector or Treasurer with the Clerk (or 
 Comptroller if there shall be one), there shall be an appeal to the 
 finance committee of the Council or Board of Trustees, whose 
 decision in all matters of controversy arising between said officers 
 shall be binding, unless the City Council or Board of Trustees 
 shall otherwise direct and ]:>rovide. 
 
 100. ho ma]i appoint subordinates^ § 22. The Comptrol- 
 ler (if thei'e shall be one), the Clerk, Treasurer and Collector, 
 shall, severally, appoint such various clerks and subordinates in 
 their respective offices as the City Council or Board of Trustees 
 may authorize, and shall be held, severally, responsible for the 
 fidelity of all j^ersons so appointed by them. 
 
 110. Foreiyn insurance companies — licenses^ etc. — 2 )enalties. 
 ^ 28. All corporations, companies or associations not incorpo- 
 rated under the laws of this State, engaged in any city in effect- 
 ing lire insurance, shall pay to the Treasurer the sum of $2 upon 
 the '^100 of the net receipts by their agency in such city, and at 
 that rate upon the amount of all premiums which, during the 
 half year ending on every first day of July and January, shall 
 have been received for any insurance effected, or agreed to 
 be effected in the cit\’- or village, by or with such corporation, 
 companies or associations, respectively. Every person who shall 
 act in any city or village as agent or otherwise, for or on be- 
 half of any such corporation, company or association, shall on 
 or before the fifteenth day of July and January, in each year, 
 render to the Comptroller (if any there be, if not, to the Clerk,) 
 a full, true and just account, verified by his oath, of all pre- 
 miums which, during the half year ending on every first day 
 of July and January preceding such report, shall have been re- 
 ceived by him, (n- any other person for him, in behalf of any such 
 cor])oration, company or association, and shall specify in said 
 account the amounts received for fire insurance. Such agents 
 shall also pay over to the Treasurer, at the time of rendering 
 the aforesaid account, the amount of rates for which the com- 
 pany or companies rejnesented by them are severally charge- 
 able by virtue heieof. Jf such account be not rendered on or 
 
PRESENT CHARTER. 
 
 81 
 
 before the day hereinbefore designated for that purpose, or if the 
 said rates shall remain unpaid after that day, it shall be uidavv- 
 ful for any corporation, company or association so in default to 
 transact any business of insurance in any such city or village, 
 until the said requisitions shall have been fully complied with; 
 but this provision shall not relieve any company from the pay- 
 ment of any risk that may l)e taken in violation hereof. Afiy 
 person or persons violating any of the provisions of this section 
 shall be subject to indictment, and upon conviction thereof, in 
 any court of competent jurisdiction, shall be fined in any sum 
 not exceeding $1,000, or imprisoned not exceeding six months, or 
 both, in the discretion of the court. Said rates may also be re- 
 covered of such corporation, company or association, or its agent, 
 by action in the name and for the use of any such city or village, 
 as for money had and received for its use: Provided^ that this 
 section shall only apply to such cities and villages as have an 
 organized fire department, or maintain some (organization for the 
 prevention of fires. [See “Insurance,” ch. 73, § 30. 
 
 ARTICLE VIII. 
 
 OF THE ASSESSMENT AND COLLECTION OF TAXES. 
 
 Section. 
 
 111. Ordinance levying tax. 
 
 112. Manner of collecting. 
 11.^. Time of paying over. 
 
 Section. 
 
 114. When tax levied for particular pur- 
 pose. 
 
 115. Tax to be uniform. 
 
 111. Ordinance levying tax.^ § 1. The City Council in cities, 
 and Board of Trustees in villages, may assess and collect taxes 
 for corporate purposes, in the following manner: The City Coun- 
 cil or Board of Trustees, as the case may be, shall, on or liefore 
 the second Tuesday in Sej)temher (August), in each year, ascer- 
 tain the total amount of appropriations for all corporate purposes, 
 legally made, and to be collected from the tax levy of that fiscal 
 year, and by ordinance levy and assess such amount, so ascer- 
 tained, upon the real and personal property within the city or 
 village subject to taxation, as the same is assessed for State and 
 county purposes for the current year. A certified copy of such 
 ordinance shall be filed with the County Clerk of the jiroper 
 county, whose duty it shall be to ascertain the rate per cent, 
 which, upon the total valuation of all property sidqectto taxation 
 within the city or village, as the same is assessed and e({ualized 
 for State and county purposes, will produce a netauK'mnt not less 
 than the amount so directed to be h; vied and assessed ; and it shall 
 () 
 
82 
 
 PRESENT CHARTER. 
 
 be the duty of the County Clerk to extend such tax, in a separate 
 column, upon the book or books of the Collector or Collectors of 
 State and county taxes within such city or village. [See § 114. 
 “Revenue,” ch. 120, § 122. 
 
 112. Manner of collecting?^ § 2. The tax so assessed shall 
 be collected and enforced in the same manner and by the same 
 officers as State and county taxes, and shall be paid over by the 
 officers collecting the same to the Treasurer of the city or village. 
 
 113. Time of paying omr?\ § 3. It shall be the duty of the 
 officer collecting such tax to settle with and pay over to such 
 Treasurer, as often as once in two weeks from the time he shall 
 commence the collection thereof, all such taxes as he shall then 
 have collected, till the whole tax collected shall be paid over. 
 [See “Revenue,” ch. 120, § 138, 164, 167, 243, 244. 
 
 114. When tax levied for particular 2 )aipose.^ § 4. When- 
 ever any city or village is required to levy a tax for the payment 
 of any particular debt, appropriation or liability of the same, the 
 tax for such purpose shall be included in the total amount 
 assessed by the City Council or Board of Trustees, and certified 
 to the County Clerk as aforesaid; but the City Council or Board 
 of Trustees shall determine, in the ordinance making such assess- 
 ment, what proportion of such total amount shall be applicable to 
 the payment of such particular debt, appropriation or liability; 
 and the city or village Treasurer shall set apart such proportion 
 of the tax collected and paid to him for the payment of such par- 
 ticular debt, appropriation or liability, and shall not disburse the 
 same for any other purpose until such debt, appropriation or lia- 
 bility shall have been discharged. 
 
 ] 15. Uniformity.^ § 5. All taxes levied or assessed by any 
 city or village, except special assessments for local improvements, 
 shall be uniform upon all taxable property and persons within the 
 limits of the city, and no property shall be exempt therefrom 
 other than such property as may be exempt from taxation under 
 the Constitution and general laws of the State. [See Const., art. 
 9, §9. 
 
PRESENT CHARTER. 
 
 83 
 
 ARTICLE IX. 
 
 SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 
 
 Section. 
 
 116. Powers conferred. 
 
 117. Ordinance for improvement. 
 
 118. When property is taken. 
 
 119. Petition. 
 
 120. Form of petition. 
 
 121. Summons— publication— notice. 
 
 122. Hearing— jury. 
 
 123. Jury to ascertain compensation— ad- 
 mitting other parties. 
 
 124. Viewing premises— ownership, etc. 
 
 125. Judgment— new parties — further pro- 
 ceedings. 
 
 126. Powers of court. 
 
 127. Ownership —further powers of court. 
 
 128. Persons under disability. 
 
 129. Judgment — effect — appeal, etc. 
 
 130. Order for possession. 
 
 131. When improvement made by general 
 tax. 
 
 132. Special taxation. 
 
 SPECIAL ASSESSMENT. 
 
 133. How made. 
 
 134. Ordinance for — sidewalks— owner’s 
 rights. 
 
 135. Estimate of cost. 
 
 136. Order for proceedings In court. 
 
 137. Petition to court. 
 
 138. Appointment of commissioners — 
 oath. 
 
 1.39. Duty of commissioners. 
 
 140. Assessment roll — return. 
 
 141. Notice by mail, posting and publica- 
 tion. 
 
 142. Proof of notice. 
 
 Section. 
 
 143. Continuance when notice not in time . 
 
 144. Objections— judgment by default. 
 
 145. Hearing— jury. 
 
 146. Precedence. 
 
 147. Court may modify, etc., the assess- 
 ment. 
 
 148. Judgment several, appeal, etc. — lien. 
 
 149. Judgment certified to City Clerk— fil- 
 ing— warrant. 
 
 150. Form of warrant. 
 
 1.51. Collector’s notice form of. 
 
 152. Manner of collecting— entry of pay- 
 ment. 
 
 153. Report of delinquent list to County 
 Collector— evidence — defense. 
 
 154. Application for judgment — what laws 
 govern. 
 
 155. Return of sales— redemption. 
 
 156. Penalty when lands paid are sold for 
 tax, etc. 
 
 1.57. Paying over— compensation. 
 
 158. General revenue laws apply. 
 
 159. City or village may buy in. 
 
 160. When assessment set aside — new 
 assessment. 
 
 161. Supplemental assessments. 
 
 162. N ew assessments against delinquents 
 —lien— limitation. 
 
 163. Contracts payable from assessments. 
 
 164. How contracts let— approval. 
 
 '165. Lien. 
 
 166. Collection of assessments by suit. 
 
 167. Supplemental petition to assess ben- 
 efits in condemnation case. 
 
 168. Adoption of this article. 
 
 116. Powers conferred.^ § 1. Tliat the corporate authorities 
 of cities and villages are hereby vested with power to make local 
 improvements by special assessment or liy special taxation, or 
 both, of contiguous property, or general taxation, or otherwise, 
 as they shall bv ordinance prescribe. [See Const., art. 9, § 9; 
 “Plats,” ch. 109“ § 1-10. 
 
 117. Ordinance for irnprovement.^ §2. When any such city 
 or village shall, by ordinance, provide for the making of any local 
 improvement, it shall, by the same ordinance, jirescribe whether 
 the same shall be made by a special assessment or by s]>ecial tax- 
 ation of contiguous property, or gemu-al taxation, or both. 
 
84 
 
 P K E S E X T C II A K T E Pv . 
 
 118. V^lien property is taken^ e^c.] § 3. Should said ordi- 
 
 nance provide for improvements which require the taking or 
 damaging of property, the proceeding for making just compensa- 
 tion therefor shall be as follows; 
 
 119. Petition.^ § 4. Whenever any such ordinance shall be 
 passed by the legislative authorit}^ of any such city or village, for 
 the making of any improvement mentioned in the first section of 
 this act, or any other local improvement that such city or village 
 is authorized to make, the making of which will require that pri- 
 vate property be taken or damaged for public use, such city or 
 village shall file a petition in some court of record of the count}^ 
 in which such city is situated, in the name of the city, praying that 
 “the just compensation to be made for private property to be 
 taken or damaged for the improvement, or purpose specified in 
 such ordinance, shall be ascertained bv a jury.” [See Const., art. 
 2, §13. 
 
 120. Form of petition?^ § 5. Such petition shall contain a 
 copy of the said ordinance, certified by the Clerk, under the cor- 
 porate seal; a reasonably accurate description of the lots, parcels 
 of land and property which will be taken or damaged, and the 
 names of the owners and occupants thereof, so far as known to 
 the Board or officer filing the petition, and where any known 
 owners are non-residents of the State, stating the fact of such 
 non-residence. 
 
 121. Summons — pnihlimtion — noticef^ § 6 . Upon the filing 
 of the petition aforesaid, a summons, wdiich may be made return- 
 able upon any day in term time, shall be issued and served upon 
 the persons made parties defendant, as in cases in chancery. And 
 in case any of them are unknown, or reside out of this State, the 
 Clerk of the court, upon an .affidavit being filed showing such fact, 
 shall cause publication to be made in some newspaper printed in 
 his county, or if there lie no newspaper published in his county, 
 then in some newspaper published in this State, containing 
 notice of the pendency of such proceeding, the parties thereto, 
 the title of the court, and the time and place of the return of 
 the summons in the case, and the nature of said proceeding; 
 such publication to be made for four weeks consecutively, at least 
 once in each week, the first of whic-h shall be at least thirty days 
 before the return day of such summons. Notices so given by 
 publication shall be sufficient to authorize the court to hear and 
 determine the suit, as though all parties had been sued by their 
 proper names and had been personall}" served. 
 
 122. Fenriny—jury.^ § 7. Upon the return of said sum- 
 mons, or as soon thereafter as the Inisiness of the court will per- 
 mit, the said court shall proceed- to the hearing of such petition. 
 
P E E S E N T C II A E T E K . 
 
 85 
 
 and shall impanel a jury to ascertain the just compensation to be 
 paid to all of such owners and occupants aforesaid; but if any 
 defendant or party in interest shall demand, or the court shall 
 deem it proper, separate juries may be impaneled as to the 
 compensation or damages to be paid to any one or more of 
 such defendants or parties in interest. 
 
 123. Jury to ascertain compensation — admitting other par- 
 ties^ § 8. Such jury shall also ascertain the just compensation 
 to be paid to any person claiming an interest in any lot, parcel of 
 land or property which may be taken or damaged by such im- 
 provement, whether or not such person’s name, or such lot, par- 
 cel of land, or other property, is mentioned or described in such 
 petition: Prodded^ such person shall first be admitted as a party 
 defendant to said suit by such court, and shall file a statement of 
 his interest in and description of the lot, parcel of land, or other 
 property in respect to which he claims compensation. 
 
 124. Vieiomg premises — oumership^ etc?\ § 9. The court 
 may, upon the motion of such city or village, or of any person 
 claiming any such compensation, direct that said jury (under the 
 charge of an officer of the court) shall view the premises which 
 it is claimed by any party to said proceeding will be taken or 
 damaged by said improvement, and in any case, where there is no 
 satisfactory evidence given to the jury as to the ownership of, or 
 as to the extent of the interest of any defendant in the property 
 to be taken or damaged, the jury may retui*n their verdict as to 
 the compensation or damage to be paid foi‘ the property or part 
 of property to be taken or damaged, and for the entire interests 
 therein. 
 
 125. Judgment — new parties— further proceedings?^ § 10. 
 
 Upon the return of such verdibt, the court shall order the same to 
 be recorded, and shall enter such judgment or decree thereon as 
 the nature of the case may recjuire. The court shall continue or 
 adjourn the cause, from time to time, as to all occu[)ants and 
 owners named in such petition who shall not have been served 
 with process, or brought in by publication, and shall order a new 
 summons to issue and new publication to be made; and upon 
 such occujiants or owners being brought into court, shall impanel 
 a jury to ascertain the compensation so to be jiaid to such defend- 
 ant or defendants, for private property taken or damaged; and 
 like proceeding shall be had for such [)urpose as hereinbefore pro- 
 vided for the ascertaining of compensation to other owners. 
 
 126. Poioers cf court. ^ § 11. The court shall have })Ower, at 
 any time, u[)on proof that any such owner or owners named in 
 such petition, who has not been served with process, has ceased 
 to be such owner or owners since the filing of such petition, to 
 
86 
 
 PRESENT CHARTER. 
 
 impanel a jury and ascertain the just compensation to be made 
 for the property (or the damage thereto) which had been owned*^ 
 by the person or persons «o ceasing to own the same; and the 
 court may, upon any finding or findings of any jury or juries, or 
 at any time during the course of such proceedings, enter such 
 order, rule, judgment or decree as the nature of the case may re- 
 quire. 
 
 127. Ownership— further p>owers of courti\ § 12. No delay 
 in making an assessment of compensation shall be occasioned by 
 any doubt or contest which may arise as to the ownership of the 
 property, or any part thereof, or as to the interests of the respect- 
 ive owners or claimants, but in such case the court may impanel a 
 jury and ascertain the entire compensation or damage that should 
 be paid for the property, or part of property, and the entire in- 
 terests of all parties therein, and may require adverse claimants 
 to interplead so as to fully determine their rights and interests 
 in the compensation so ascertained. And the court may make 
 such order as may be necessary in regard to the deposit or pay- 
 ment of such compensation. 
 
 128. Persons under disability^ § 13. When it shall appear, 
 from said petition or otherwise, at any time during the proceed- 
 ings upon such petition,- that any infant, or insane or distracted 
 person, is interested in any property that is to be taken or dam- 
 aged, the court shall appoint a guardian, ad litem^ for such infant 
 or insane or distracted person, to appear and defend for him, her 
 or them; and the court shall make such order or decree as it shall 
 deem proper to protect and secure the interest of such infant, or 
 insane or distracted person, in such property, or the compensation 
 which shall be awarded therefor. 
 
 129. Judgment — effect — appeal,, etc?\ § 14. Any final judg- 
 ment or judgments, rendered by said court, upon any finding or 
 findings of any jury or juries shall be lawful and sufficient con- 
 demnation of the land or property to be taken upon the payment 
 of the amount of such finding as hereinafter provided. It shall 
 be final and conclusive as to the damages caused by such im- 
 provement, unless such judgment or judgments shall be appealed 
 from; but no appeal or writ of error upon the same shall delay 
 proceedings under said ordinance, if such city or village shall de- 
 posit, as directed by the court, the amount of the judgment and 
 costs, and shall file a bond in the court in which such judgment 
 was rendered in a sum to be fixed and with security to be ap- 
 proved by the judge of said court, which shall secure the payment 
 of any future compensation which may at any time be finally 
 awarded to such party so appealing or suing out such writ of 
 error, and his or her costs. 
 
PRESENT CHARTER. 
 
 87 
 
 130. Order for possession^ § 15. The court, upon proof that 
 said just compensation so found by the jury has been paid to the 
 person entitled thereto, or has been deposited as directed by the 
 court (and bond given in case of any appeal or writ of error), shall 
 enter an order that the city or village shall have the right, at any 
 time thereafter, to take possession of or damage the property, in 
 respect to which such compensation shall have been so paid or de- 
 posited, as aforesaid. 
 
 131. When improvement made by general tax.^ § 16. When 
 the ordinance under which said improvement is ordered to be 
 made shall provide that such improvenient shall be made by gen- 
 eral taxation, the cost of such improvement shall be added to the 
 general appropriation bill of such city or village, and shall be 
 levied and collected with and as a part of the general taxes of 
 such city or village. 
 
 132. Special taxation.^ § 17. When said ordinance under 
 which said local improvement shall be ordered shall provide that 
 such improvement shall be made by special taxation of contig- 
 uous property, the same shall be levied, assessed and collected in 
 the way provided in the sections of this act providing for the 
 mode of making, levying, assessing and collecting special assess- 
 ments. 
 
 SPECIAL ASSESSMENT. 
 
 133. How made ] § 18. When the ordinance under which 
 
 said local improvement is ordered to be made shall provide tliat 
 such improvement shall be wholly or in part made by special 
 assessment, the proceedings for the making such special assess- 
 ment shall be in accordance with the sections of this act [article] 
 from 18 to 51, inclusive. 
 
 134. Ordinance for — sidewalks — owner'' s rights?^ § 19. When- 
 ever such local improvements are to be made wholly or in part by 
 special assessment, the said Council in cities, or Board of Trus- 
 tees in villages, shall pass an ordinance to that effect, specifying 
 therein the nature, character, locality and description of such im- 
 provement: Provided^ that whenever any such ordinance shall 
 provide only for the building or renewing of any sidewalk, the 
 owner of any lot or piece of land fronting on such sidewalk shall 
 be allowed fifteen days after the time at which such ordinance 
 shall take effect in which to build or renew such sidewalk oppo- 
 site his land, and thereby relieve the same from assessment: Pro- 
 vided^ that the work so to be done shall in all respects conform to 
 the requirements of such ordinance. 
 
 135. Estimate of cost ^ § 20. The City Council or Board of 
 
 Trustees shall appoint three of its members, or any other three 
 
88 
 
 PRESE?4T CHARTER. 
 
 competent persons, who shall make an estimate of the cost of the 
 improvement contemplated by such ordinance, including labor, 
 materials, and all other expenses attending the same, and the cost 
 of making and levying the assessment, and shall report the same 
 in writing to said Council or Board of Trustees. 
 
 136. Order for ijvoceedings in court^ § 21. On such report 
 being made, and approved by the Council or Board of Trustees, 
 as the case may be, it may order a petition to be filed by such 
 officer as it shall direct, in the county court of its county, for pro- 
 ceedings to assess the cost of such improvement in the manner 
 provided in this act. 
 
 13?. Petition to courtd[ § 22. The petition shall be in the 
 name of the corporation, and shall recite the ordinance for the 
 proposed improvement and the report of such commission, and 
 shall pray that the cost of such improvement may be assessed in 
 the manner prescribed by law. 
 
 138. Appointment of commissioners — oath.^ § 23. Upon the 
 filing of such petition the court shall appoint three competent 
 persons as commissioners, who shall take and subscribe an oath, 
 in substance as follows, to- wit: 
 
 State of Illinois, | 
 
 County. ) 
 
 We, the undersigned, commissioners, appointed by the county court of county, 
 
 to assess the cost of (here state in general terms the improvement), do solemnly 
 
 swear (or affirm, as the case may he,) that we will a true and impartial assessment make 
 
 of the cost of said improvement upon the city (or village) of , and the property 
 
 benefited by such improvement, to the best of our ability and according to law. 
 
 139. Duty of commissioners.^ § 24. It shall be the duty of 
 such commissioners to examine the locality where the improve- 
 ment is proposed to be made, and the lots, blocks, tracts and 
 parcels of land that will be specially benefited thereby, and to 
 estimate what proportion of the total cost of such improvement will 
 be of benefit to the public, and what proportion thereof will be of 
 benefit to the property to be benefited, and apportion the same be- 
 tween the city or village and such property, so that each shall bear 
 its relative equitable proportion, and having found said amounts, 
 to apportion and assess the amount so found'lo be of benefit to the 
 property upon the several lots, blocks, tracts and parcels of land 
 in the proportion in which they will be severally benefited by 
 such improvement: Provided., that no lot, block, tract or parcel 
 of land shall be assessed a greater amount than it will be actually 
 benefited: And.^ provided f further.^ that it shall not be necessary 
 for said commissioners to examine the locality except where the 
 ordinance provides for the opening, widening or imj^rovement of 
 streets and alleys. 
 
 [§ 25 -repealed by act approved April 25, 1873.] 
 
PRESENT CHARTER. 
 
 89 
 
 140. Assessment roll — return.^ § 26. They shall also make 
 or cause to be made an assessment roll, in which shall appear the 
 names of the owners, so far as known, a description of each lot, 
 block, tract or parcel of land, and the amount assessed as special 
 benefits thereto, and in which they shall set down as ac:ainst the 
 city or vdllage the amount they shall have found as public benefit, 
 and certify such assessment roll to the court by which they were 
 appointed, at least ten days before the first day of the term at 
 which a final hearing thereon shall be had. 
 
 141. Notice hy mail^ postiny and publication § 27. It 
 shall also be the duty of such commissioners to give notice of 
 such assessment, and of the term of court at which a final hearing 
 thereon will be had, in the followino; manner: 
 
 First — They shall send by mail to each owner of premises 
 assessed, whose name and place of residence is known to them, 
 a notice, substantially in the following form: 
 
 Mr. Your (here give a short description of the premises,) is assessed S 
 
 for public improvement. The assessment roll will be returned to the term of the 
 
 county court of county. 
 
 (Here give date.) 
 
 Commissioners. 
 
 Second — They shall cause at least ten days’ notice to be given, 
 by posting notices in at least four public places in such city or 
 village, two of which shall be in the neighborhood of such pro- 
 posed improvement, and when a daily newspaper is published in 
 such city or village, by publishing the same at least five succes- 
 sive days in such daily newspaper, or if no daily newspaper is 
 published in such city or village, and a weekly newspa})er is pub- 
 lished therein, then at least once in each week, for two successive 
 weeks, in such weekly newspaper, or if no daily or weekly news- 
 paper is published in such city or village, then in a newspaper 
 published in the county in which such city or village is situated. 
 The notice may be substantially as follows: 
 
 SPECIAL ASSESSMENT NOTICE. 
 
 Notice is hereby glveu to all persons interested, that the City Council (or Board of 
 Trustees, as the case may be,) of , having ordered that (here insert the descrip- 
 
 tion and nature of improvements substantially as in ordinance,) have applied to the 
 
 county court of county for an assessment of the cost of said imi)rove- 
 
 ments, according to benefits: and aii assessment thereof having been made and returned 
 
 to said court, the final hearing thereon will be had at the term of said court, 
 
 commencing on the day of , A. D. 18.. All persons desiring may then 
 
 and there appear and make their defense. 
 
 (Here give date.) 
 
 Commissioners. 
 
 142. Proof of notice.^ ^ 28. Oii or before the final hearing. 
 
90 
 
 PRESENT CHARTER. 
 
 the affidavit of one or more of the commissioners shall be filed in 
 said court, stating that they have sent or caused to be sent by mail, 
 to the owners whose premises have been assessed, and whose 
 name and place of residence are known to them, the notice here- 
 inbefore required to be sent by mail to owners of premises 
 assessed. They shall also cause to be filed the affidavit of the 
 person who shall have posted the notices required by this act to 
 be posted, setting forth when and in what manner the same were 
 posted. Such affidavits shall be received prima facie evidence 
 of a compliance with this act in regard to giving such notices. 
 They shall also file a certificate of publication of said notice in 
 like manner as is required in other cases of publication of notices. 
 
 143. Contimiance ichen notice not in § 29. If ten 
 
 days shall not have elapsed between the first publication or the 
 putting up of such notices and the first day of the next term of 
 such court, the hearing shall be continued until the next term of 
 court. 
 
 144. Objections— judgment by default.^ § 30. Any person 
 interested in any real estate to be affected by such assessment, 
 may appear and file objections to such report, and the court may 
 make such order in regard to the time of filing such objections as 
 may be made in cases at law in regard to the time of filing pleas. 
 As to all lots, blocks, tracts and parcels of land to the assessment 
 of which objections are not filed within the time ordered by the 
 court, default tnay be entered, and the assessment confirmed by 
 the court. 
 
 145. Hearing — jury^ § 31. On the hearing, the report of 
 the commissioners shall be competent evidence, and either party 
 may introduce such other evidence as may tend to establish the 
 rio’ht of the matter. The hearincr shall be conducted as in other 
 cases at law, and if it shall appear that the premises of the objec- 
 tor are assessed more or less than they will be benefited, or more 
 or less tlian their proportionate’share of the cost of the improve- 
 ment, the jury shall so find, and also find the amount for which 
 such premises ought to be assessed, and judgment shall be ren- 
 dered accordingly. 
 
 146. Precedence j § 32. The hearing in all cases arising under 
 this act shall have precedence over all other cases in such court, 
 except criminal cases. 
 
 147. Court may modify^ etc.^ the assessment.^ § 33. The 
 court before which any such proceeding may be pending shall 
 have authority, at any time before final adjournment [judgment], 
 to modify, alter, change, annul or confirm any assessment re- 
 turned, as aforesaid, or cause any such assessment to be recast by 
 the same commissioners whenever it shall be necessary for the 
 
PRESENT CHARTER. 
 
 91 
 
 attainment of justice, or may appoint other commissioners in the 
 place of all or any of the commissioners first appointed, for the 
 purpose of making such assessment, or modifying, altering, chang- 
 ing or recasting the same, and may take all such proceedings and 
 make all such orders as may be necessary to make a true and just 
 assessment of the cost of such improvement according to the 
 principles of this act, and may from time to time, as may be nec- 
 essary, continue the application for that purpose as to the whole 
 or any part of the premises. 
 
 148. Judgment several — apgyeal^ etc. — lien?\ § 34. The judg- 
 ment of the court shall have the effect of a several judgment as 
 to each tract or parcel of land assessed, and any appeal from such 
 judgment or writ of error shall not invalidate or delay the judg- 
 ment, except as to the property concerning which the appeal or 
 writ of error is taken. Such judgment shall be a lien upon the 
 property assessed, from the date thereof until payment shall be 
 made. 
 
 149. Judgment certified to City Clerk — filing — warrant?^ § 35. 
 The clerk of the court in which such judgment is rendered shall 
 certify the assessment roll and judgment to the clerk of such city 
 or, village, or if there has been an appeal or writ of error taken 
 on any part of such judgment, then he shall certify such part of 
 the judgment as is not included in such appeal or writ of error. 
 The clerk of the city or village shall fde such certificate in his 
 office, and issue a warrant for the collection of such assessment. 
 
 150. Form of warrant.^ § 36. The warrant in all cases of 
 assessment under this act shall contain a copy of such certificate 
 of the judgment, describing the lots, blocks, tracts or parcels of 
 land assessed, and the respective amounts assessed on each lot, 
 block, tract or parcel of land, and shall be delivered to the officer 
 authorized to collect such special assessments. Such warrant 
 shall give sufficient authority to collect the assessments therein 
 specified. 
 
 151. Collectors notice — -form o/*.] § 37. The Collector re- 
 ceiving such warrant shall immediately give notice thereof by 
 publishing such notice in one or more newspapers in such city or 
 village, if such newspaper is there; and if there is no such news- 
 paper, then by posting four copies thereof in public places along 
 the line of the proposed improvement. Such notice may be sub- 
 stantially in the following form ; 
 
 SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT No. ... 
 
 Public notice is hereby given that the (here insert title of court) has rendered .judg- 
 ment for a special assessment upon property benefited by the following improvement 
 (here insert the character and location of the improvement in general terms) as will more 
 fully appear from the certified copy of the judgment on file in the office of the clerk of 
 
92 
 
 PRESENT CHARTER. 
 
 the city (or vill;ige) of ; that a warrant for the collection of mich aBseesmentP is in 
 
 the hands of the undersigned. All persons interested are hereby notified to call and pay 
 the amounts assessed, at the Collector’s office (here insert location of office) within thirty 
 days from the date hereof. 
 
 Dated this day of , A.D. 18 
 
 , Collector. 
 
 152. Manner of collecting — entry of paymenti\ § 38. It 
 shall be the duty of the Collector into whose hands the warrant 
 shall so come, as far as practicable, to call upon all persons resi- 
 dent within the corporation whose names appear on the assess- 
 ment roll, or the occupants of the property assessed, and person- 
 ally, or by written or printed notice left at his or her usual place 
 of abode, inform them of such assessment, and request payment 
 of the same. Any such Collector omitting so to do shall be liable 
 to a penalty of $10 for every such omission, but the validity of 
 the special assessment, or the right to apply for and obtain judg- 
 ment for any such special [assessment,] shall not be alfected by 
 such omission. It shall be the duty of such Collector to write the 
 word “ paid ” opposite each tract or lot on which the assessment 
 is paid, together with the name and post office address of the per- 
 son making the payment, and date of payment. 
 
 153. Report of delinquent list to County Collector — evidence 
 — defensed^ § 3ffi It shall be the duty of the Collector of spe- 
 cial assessments, within such time as the City Council or Board 
 of Trustees may by ordinance ]>rovide, to make a report in writ- 
 ing — to the general officer of the county authorized-, or to be 
 designated by the general revenue law of this State, to apply for 
 judgment and sell lands for taxes due the county and State — of 
 all the lands, town lots and real property on which he shall have 
 been unable to collect special assessments, with the amount of 
 special assessments due and unpaid thereon, together with his 
 warrant, or with a brief description of the nature of the warrant 
 or warrants received by him authorizing the collection thereof; 
 which report shall be accompanied with the oath of the Collec- 
 tor that the list is a correct return and report of the lands, town 
 lots and real property on which the special assessments levied 
 
 by authority of the city of (or village of , as the 
 
 case may be,) remain due and unpaid; that he is unable to collect 
 the same or any part thereof, and that he has given the notice 
 required by law that said warrants had been received by him for 
 collection. Said report, when so made, shall prima facie evi- 
 dence that all the forms and requirements of the law in relation 
 to making said return have been complied with, and that the 
 special assessments mentioned in said report are due and unpaid. 
 And, upon the application for judgment upon such assessment, 
 no defense or objection shall be made or heard which, might have 
 
PRESENT CHARTER. 
 
 93 
 
 
 been interposed in the })roceeding for the making of such assess- 
 ment, or the application for the confirmati(fn thereof. 
 
 154. Ajyplication for judgment — what laws govern.^ § 40, 
 When said general officer shall receive the report provided for in 
 the preceding section, he shall at once proceed to obtain judg- 
 ment against said lots, parcels of land and property -for said spe- 
 cial assessments remaining due and unpaid, in the same manner 
 as is or may be by law provided for obtaining judgment against 
 lands for taxes due and unpaid the county and State; and shall in 
 the same manner proceed to sell the same for the said special 
 assessments remaining due and unpaid. In obtaining said judg- 
 ment and making said sale, the said officer shall be governed by 
 the general revenue laws of this State, except when otherwise 
 provided herein. [See “Revenue,” ch. 120, § 182, seq. 
 
 155. Return of sales — redemqMon.^ § 41. After making said 
 
 sales, the list of lots, parcels of land and property sold thereat 
 shall be returned to the office of the County Clerk, and redemption 
 may be made as provided for by the general revenue law of this 
 State. [See “Revenue,” ch. 120, § 210-215. ^ 
 
 156. Penalty vdien lands paid are sold for tax^ etc.^ § 42. 
 If the Collector shall receive any moneys for taxes or assessments, 
 giving a receipt therefor for any land or parcel of land, and after- 
 wards return the same as unpaid to the State officers authorized 
 to sell lands for taxes, or shall receive the same after making such 
 return, and the same be sold for tax or assessment which has been 
 so paid and receipted for by himself or his clerks, he and his bond 
 shall be liable to the holder of the certificate given to the pur- 
 chasers at the sale, for double the amount of the face of the cer- 
 tificate, to be demanded in two years from the date of the sale, 
 and recovered in any court having jurisdiction of the amount; 
 and the city or village shall, in no case, be liable to the holder of 
 such certificate. 
 
 157. Paying oner — comq)ensation.^ § 43. The Collector or 
 Collectors, and the general officer aforesaid, to whom the said 
 warrant shall be returned, shall pay over to the city or village 
 Treasurer to which it shall belong all moneys collected by them, 
 res])ectively, upon or by virtue of such warrant, or upon any sale 
 for taxes or otherwise, at such time or times, and in such manner 
 as shall be prescribed by ordinance, and shall be allowed such 
 compensation for their services in the collection of such assess-** 
 ment as the ordinances of the city or village may provide, except 
 when sucli compensation is fixed by general law. 
 
 158. General revenue laws apply. ^ § 44. The general reve- 
 
 nue laws of this State, in reference to ])roceedings to recover 
 judgments for delinquent taxes, the sale of property thereon, the 
 
94 
 
 PEESEXT C HARTER. 
 
 # 
 
 execution of certificates of sale and deeds thereon, the force and 
 effect of such sales aiKl deeds, and all other laws in relation to 
 the enforcejiient and collection of taxes and redemption from tax 
 sales, except as herein otherwise provided, shall be applicable to 
 proceedings to collect such special assessment. [See ‘‘Revenue,” 
 ch. 1‘20, §^191-2*25. 
 
 159. City or village may buy m.] § 45. Any city or village 
 
 interested in the collection of any tax or special assessment, may 
 become a purchaser at any sale of real or personal property to 
 enforce the collection of the same, and ma}', b\’ ordinance, au- 
 thorize and make it the duty of one or more city or village officers 
 to attend such sales, and bid thereat in behalf of the corporation. 
 
 160. When assessment set aside — neic assessment.^ § 46. If 
 any assessment shall be annulled by the City Council or Board of 
 Trustees, or set aside by any court, a new assessment may be 
 made and returned, and like notice given and proceedings had, 
 as herein required in relation to the first; and all parties in inter- 
 est shall have the like rio-hts, and the City Council or Board of 
 Trustees mid court shall perform like duties and have like power 
 in relation to any subsequent assessment, as are hereby given in 
 relation to the first assessment. 
 
 161. Supplemental § 47. If, in any case, the 
 
 first assessment prove insufficient, a second may be made in the 
 same manner, as nearly as may be, and so on, until sufficient 
 moneys shall have been realized to pay for such public improve- 
 ment. If too large a sum shall, at any time, be raised, the excess 
 shall be refunded ratably to those by whom it was paid. 
 
 162. CCew assessments against delinquents — lien — limitation.^ 
 § 48. If, from any cause, any city or village shall fail to collect 
 the whole or any portion of any special assessment which may be 
 levied, which shall not be canceled and set aside by the order of 
 any court, for any public improvement authorized to be made and 
 paid for by special assessment, the City Council or Board of Trus- 
 tees may, at any time within five years after the confirmation of 
 the original assessment, direct a new assessment to be made 
 upon the delinquent property for the amount of such deficiency, 
 and interest thereon from the date of such original assessment — 
 which assessment shall be made, as near as may be, in the same 
 manner as is herein prescribed for the first assessment. In all cases 
 where partial payment shall have been made on such former as- 
 sessment, they shall be credited or allowed on the new assessment 
 to the property for which they were made, so that the assessment 
 shall be equal and impartial in its results. If such new assess- 
 ment prove ineffectual, either in whole or in part, the CiU* Coun- 
 cil or Board of Trustees may, at any time within said period of 
 
PRESENT CHARTER. 
 
 95 
 
 five years, order a third, and so on, to be levied in the same man- 
 ner and for the same purpose; and it shall constitute no legal ob- 
 jection to such assessment that the property may have changed 
 hands, or been encumbered, subsequent to the date of the original 
 assessment, it being the true intent and meaning of this section 
 to make the cost and expense of all public improvements, to be 
 paid for by a special assessment, a charge upon the property as- 
 sessed therefor, for the full period of five years, from the confirm- 
 ation of the original assessment, and for such longer period as 
 may be required to collect, in due course of law, any new assess- 
 ment ordered within that period. 
 
 163. Contracts 2 ^ay able from assessments.^ § 49. All persons 
 taking any contracts with the city or village, and who agree to be 
 paid from special assessments, shall have no claim or lien upon 
 the city or village in any event, except from the collections of the 
 special assessments made for the work contracted for. 
 
 164. How contracts let — § 50. All contracts for 
 
 the making of any public improvement, to be paid for in whole or 
 in part by a special assessment, and any work or other public 
 improvement, when the expense thereof shall exceed |500, shall 
 be let to the lowest responsible bidder, in the manner to be pre- 
 scribed by ordinance — such contracts to be approved by the 
 Mayor or President of the Board of Trustees: Provided., hoio- 
 
 any such contract may be entered into by the ])roper officer 
 without advertising for bids, and without such approval, by a vote 
 of two-thirds of all the Aldermen or Trustees elected. 
 
 165. g 51. All special assessments levied by any city 
 or village under this act, shall from the date of assessment, be a 
 lien upon the real estate upon which the same may be imposed, 
 and such lien shall continue until such special assessments are 
 paid. And the same proceedings may be resorted to by the Col- 
 lector, upon any warrant or order issued or made for the collection 
 of special assessments, as in the case of the collection of State 
 and county taxes under the general laws of the State. 
 
 166. Collection by suit.^ § 52. At any time after the same 
 becomes due, it shall and may be lawful for any Collector thereof 
 to commence suit in any court of record, in the corporate name 
 of such city or village, against any person or persons, for the total 
 amount of special assessments which such person or persons are 
 liable for the payment of. Such suit shall be commenced by 
 petition, and shall state the several amounts of the special assess- 
 ments sought to be recovered, and give a general description of 
 the warrant or warrants issued for the collection thereof. Upon 
 the filing of the petitioii a summons shall be issued, served and 
 
9G 
 
 PRESENT CHARTER. 
 
 returned as in other suits in such court. Upon the return of such 
 summons, duly served, the court shall forthwith proceed to the 
 hearing of said petition without formal pleadings, and may render 
 judgment for all or any part of the special assessments, as the 
 right and justice of the case may require. The original, or a cer- 
 tified copy (by the Clerk, under the corporate seal,) of such war- 
 rant or warrants and list or lists, or so much thereof as refers to 
 the special assessments soug'ht to be recovered, shall be pvima 
 facie evidence of the right of said collector to a judgment in favor 
 of such corporation. Execution shall issue on such judgment as in 
 other cases, but such execution may be first levied upon and col- 
 lected from any personal property of the defendant; or the court, 
 in which such proceedings were had, may, upon complaint of the 
 city or village, issue a scire facias against the person or persons 
 liable for such payment, to show cause why execution should not 
 issue against him or them for the amount of such assessment; and 
 if, upon the return of such scire facias^ good cause is not shown 
 why execution should not issue, the court may award execution 
 against such person or persons in the usual form of execution 
 upon judgments at law. 
 
 167. Suppleme7ital p)etition to assess benefits in condemnation 
 case.^ § 53. Whenever any city or village shall apply to any 
 court for the purpose of making just compensation for property 
 taken or damaged by such proceedings as are authorized by this 
 act, such city or village may file in the same proceeding a sup- 
 plemental petition, praying the court to cause that an assessment 
 be made for the purpose of raising the amount necessary to pay 
 the compensation and damages which may be or shall have been 
 awarded for the property taken or damaged, with the costs of the 
 proceeding. The said court shall have power, at any time after 
 any such supplemental petition shall have been filed, to appoint 
 three commissioners to make such assessment, and to ascertain, 
 as near as may be, the cost incurred to the time of such appoint- 
 ment, and the probable further costs of the proceedings, includ- 
 ing therein the estimated costs of making and collecting such 
 assessment, and shall direct such costs to be included by such 
 commissioners in making said assessment. Like proceedings in 
 making said assessment shall be had, and the assessment shall be 
 made, collected and enforced in the same manner, as near as may 
 be, as is j)rovided in this article in other cases. 
 
 168. Adoptio7i of this article.^ § 54. Any city or incorporated 
 town or village may, if it shall so determine by ordinance, adopt 
 the provisions of this article without adopting the whole of this 
 act; and where it shall have so adopted this article, it shall have 
 the right to take all j^roceedings in this article provided for, and 
 have the benefit of all the provisions hereof. 
 
 / 
 
PRESENT C ; II A R T E R , 
 
 97 
 
 ARTICLE X. 
 
 MISCELLANEOUS PKOVISIONS-WATER. 
 
 Section. 
 
 1(59. Water— borrow mone}’^ therefor. 
 
 ITO. Acquirino; property for water works 
 —jurisdiction over. 
 
 171. Regulatious—rates— taxation, etc. 
 
 172. Tax-payer may enforce rights in name 
 of city. 
 
 Section. 
 
 173. Maps— approval of. 
 
 174. Inhabitants, competent as jurors, etc. 
 
 175. Population— census. 
 
 176. Municipal year. 
 
 177. City or village need not give appeal 
 bond. 
 
 I(i9. Water — borrov:) money therefor § 1. The City Council 
 or Board of Trustees shall have the power to provide for a supply 
 of water by the boring' and sinking of artesian wells, or by the con- 
 struction and regulation of wells, pumps, cisterns, reservoirs or 
 water works, and to borrow money therefor, and to authorize any 
 person or private corporation to construct and maintain the same 
 at such rates as may be fixed by ordinance, and for a period not 
 exceeding thirty years; also to ]>revent the unnecessary waste of 
 water; to prevent the pollution of the water, and injuries to such 
 wells, pumps, cisterns, reservoirs or water works. [See § 227-336. 
 
 170. Acquiring qwoqjerty for water works — ■jurisdictio'n over.] 
 §2. For the purpose of establishing or supplying water works, 
 any city or village may go beyond its territorial limits, and may 
 take, hold and acquire property by purchase or otherwise; shall 
 have power to take and condemn all necessary lands or property 
 therefor, in the manner provided for the taking or injuring pri- 
 vate property for public uses; and the juris'diction of the city 
 or village to prevent or punish any pollution or injury to the 
 stream or source of water, or to such water works, shall extend 
 five miles beyond its corporate limits, or so far as such water 
 works may extend. [See § 229, also “Eminent Domain,” ch. 47. 
 
 171. Regulations — rates, taxation^ etc?\ § 3. The City Coun- 
 cil or Board of Trustees shall have power to make all needful 
 rules and regulations concerning the use of watei' supplied by the 
 water works of said city or village, and to do all acts and make 
 such rules and regulations for the construction, completion, man- 
 agement or control of the water works, and for the levying and 
 collecting of any water taxes, rates or assessments, as the said 
 City Council or Board of Trustees may deem necessary and ex- 
 pedient; and such water taxes, rents, rates or assessments may be 
 levied or assessed upon any lot or parcel of ground, having a 
 building or buildings thei-eon, which shall al)ut or join any sti-eet, 
 avenue or alley in sucli city or village through which the distrib- 
 
 7 
 
98 
 
 PRESENT CHARTER. 
 
 uting pipes of such water works (if any) of said city or vdllage 
 are or may be laid, which can be conveniently supplied with water 
 from said pipes: Provided^ [whether] the water shall be used on 
 
 such lot or parcel of ground or not; and the same, when so levied 
 or assessed, shall become a continuing lien or charge upon such 
 lot or parcel of ground, building or buildings, situated thereon, 
 and such lien or charge may be collected or enforced in such 
 manner as the City Council may, by ordinance prescribe. And 
 the corporate authorities may levy a general tax for the construc- 
 tion and maintenance of such water works, and appropriate money 
 therefor. 
 
 172. Tax-payer may enforce Tights in name of city ^ etc. § 4. 
 A suit may be brought by any tax-payer, in the name and for the 
 benefit of the city or village, against any person or corporation, to 
 recover any money or property belonging to the city or village, 
 or for any money which may have been paid, expended, or re- 
 leased without authority of law: Provided.^ that such tax-payer 
 shall file a bond for all costs, and be liable for all costs in case the 
 city or village be cast in the suit, and judgment shall be rendered 
 accordingly. 
 
 173. Maps — approval ofl\ § 5. The City Council or Board 
 of Trustees shall have power to provide, by ordinance, that any 
 map, plat, or subdivision of any block, lot, sub-lot, or part there- 
 of, or of any piece or parcel of land, shall be submitted to the 
 City Council or Board of Trustees, or to some officer to be desig- 
 nated by such Council or Board of Trustees, for their or his ap- 
 proval; and in such cases no such map, plat or subdivision shall 
 be entitled to record in the proper county, or have any validity 
 until it shall have been so approved. [See “Recorders,” ch. 115, 
 § 1 '^- 
 
 174. Inhabitants competent as jurors., etc?^ § 6. No person 
 shall be an incompetent judge, justice or juror, by reason of his 
 being an inhabitant or freeholder in said city or village, in any 
 action or proceeding in which said city or village may be a party 
 in interest. 
 
 175. Population — census.^ § 7. Whenever in this act any 
 provision thereof is based upon the number of inhabitants, [the 
 number of inhabitants] of the city or village shall be determined 
 l)y reference to the latest census taken by authority of the United 
 States or this State, or of such city or village; and it shall be the 
 duty of the Secretary of State, upon the publication of any State 
 or United States census, to certify to each city or village the 
 number of iidiabitants, as shown by such census. Any city or 
 village may, by ordinance, provide for the taking of a census of 
 the population thereof, in order to determine the number of such 
 
PRESENT CHARTER. 
 
 99 
 
 population for any and all purposes of this act. And the several 
 courts in this State, shall take judicial notice of the population of 
 any city or village, as tlie same may appear from the latest Fede- 
 ral, State, city or village census so taken. 
 
 176. Municipal year^ § 8. The term “municipal year” 
 shall be construed to mean the period elapsing between the regu- 
 lar annual election, unless otherwise provided by ordinance. 
 
 177. (Jity or milage need not give appeal bond.] § 9. When 
 in any suit the city or village prays an appeal from the judgment 
 of any court of this State to a higher court, it shall not be re- 
 quired to furnish an appeal bond. 
 
 ARTICLE XI. 
 
 OP THE ORGANIZATION OF VILLAGES. 
 
 This article, except the sixteenth section thereof, having reference solely to villages, 
 
 is omitted. 
 
 193. N~o incorporation allowed under former laics.^ § 10. 
 After the taking effect of this act, no town or city shall become 
 incorporated under any other general law then in force for the 
 incorporation of towns or cities. 
 
 The foregoing is the law as it appears in the revision of 1874. 
 Since then the following amendments have been made: 
 
 I. 
 
 CITIES AND VILLAGES. 
 
 AN ACT to amend section ten (10), of arcticle five (5), of “An act to provide for the incor- 
 poration of cities and villages,” approved April 10, 1872. 
 
 Section 1. Be it enacted by the Peoj)le (f the State of Illi- 
 nois^ represented in the General Assembly^ That section 10, of 
 article 5, of said act, be amended so as to read as follows, viz: 
 Jurisdiction over umters — street labor. “ § 10. The city or 
 village government shall have jurisdiction upon all waters within 
 or bordering on the same, to the extent of three miles beyond 
 the limits of the city or village, but not to exceed the limits 
 of the State; and may by ordinance, require every able-bodied 
 male inhabitant of such city or village, above; the age of twentv- 
 one years and under the age of fifty years, (excepting paupers, 
 
100 
 
 PRESENT CHARTER. 
 
 idiots, lunatics and such others as are exempt by law,) to labor 
 on the streets and alleys of such city or village, not more than 
 three days in each year, but such ordinance shall provide for 
 commutation of such labor at not more than one dollar and fifty 
 cents per day.” 
 
 Approved April 10, 1875. 
 
 II. 
 
 OF THE ORGANIZATION OF CITIES. 
 
 AN ACT to amend an act entitled “An act to provide for the incorporation of cities and 
 villages,” approved April 10, 18T2. Approved May 25, 1877. In force July 1, 1877. 
 
 Section 1. How towns may become cities. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois^ represented in the General Assembly^ That section four (4) 
 of article one (1) of an act entitled, “An act to provide for the 
 incorporation of cities and villages,” approved April 10, 1872, be 
 amended so as to read as follows: 
 
 Ҥ 4. IIoic toums may become cities.^ Any incorporated town 
 or village, in this State, having a population of not less than one 
 thousand (1,000) inhabitants, may become incorporated as a city 
 in like manner as hereinbefore provided; but in all such cases the 
 President and Trustees of such town or village shall, respectively, 
 perform the same duties relative to such change of organization 
 as is above required to be performed by the Mayor and Council of 
 cities. 
 
 Approved May 25, 1877. 
 
 III. 
 
 ELECTION OF CITY OFFICERS. 
 
 AN ACT to amend section one of article four of an act entitled “An act to provide for the 
 incorporation of cities and villages,” approved April 10, 1872. Approved and in 
 force March 9, 1877. 
 
 Section 1. Annual election. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois represented in the General uA^ssemblip That section one of 
 article four of an act entitled “An act to jirovide for the incorpo- 
 ration of cities and villages,” approved April 10, 1872, be and the 
 same is hereby amended, so that hereafter it shall read as follows: 
 
PRESENT CHARTER. 
 
 101 
 
 § 1. Antlual election.^ A general election for city officers 
 shall be held on the third Tuesday of April, of each year: Pro- 
 vided^ that in cities which include wholly within their corporate 
 limits a town or towns, such election shall be held on the first 
 Tuesday of April. 
 
 § 2. [Emergency clause — omitted.] 
 
 Approved March 9, 1877. 
 
 IV. 
 
 ELECTION OF MAYOR, CITY CLERK, ATTORNEY AND TREASURER. 
 
 AN ACT to amend an act entitled “An act to provide for the incorporation of cities 
 and villages,” approved April 10, 1872, in force July 1, 1872. Approved and in 
 force March 26, 1877. 
 
 Section 1. Election of Mayor, City Clerk, Attorney and Treasurer. 
 
 'Section 1. Be it enacted by the People of the State of Illi- 
 nois represented in the General Asse7nbly^ That section two (2), 
 article four (4), of an act of the General Assembly of Illinois, 
 entitled, “An act to })rovide for the incorporation of cities and 
 villages,” approved April 10, 1872, in force July 1, 1872, be and 
 the same is hereby amended so that it shall read as follows: 
 
 Ҥ 2. Election of Mayor ^ City Clerk^ Attorney and 2\easurer.^ 
 At the general election held in 1877, and biennially thereafter, a 
 Mayor, a City Clerk, a City Attorney, and a City Treasurer shall 
 be elected in each city: Provided^ That no person shall be elected 
 to the office of City Treasurer for two terms in succession.” 
 
 § 2. [Emergency clause — omitted.] 
 
 Approved March 26, 1877. 
 
 V. 
 
 POWER OF MAYOR. 
 
 AN ACT to amend section 7 of article 2 of an act entitled “An act to provide for the in- 
 corporation of cities and villages,” approved April 10, 1872. In force July 1, 1872. 
 Approved May 31, 1879. In force July 1, 1879. 
 
 Section 7. When he may remove officers. 
 
 Section 1. Be it enacted by the People (f the State of Illi- 
 nois^ represented in the General Assembly^ That section 7 of arti- 
 cle 2 of “An act to provide for the incorporation of cities and 
 
102 
 
 P E E S E N T CHARTER. 
 
 villages, approved April 10, 1872, in force July 1, 1872, be 
 amended so as to hereafter read as follows: 
 
 § 7. he may remove officers^^ The Mayor shall have 
 
 power to remove any officer appointed by him on any formal 
 charge, whenever he shall be of the opinion that the interests of 
 the city demand such removal, but he shall report the reasons for 
 such removal to the Council at a meetino; to be held not less than 
 live days nor more than ten days after such removal; and if the 
 Mavor shall fail, or refuse to file with the Citv Clerk a statement 
 of the reasons for such removal, or if the Council by a two-thirds 
 (f) vote of all its members authorized by law to be elected, by 
 yeas and nays, to be entered upon its record, disapprove of such 
 removal, such officer shall become restored to the office from 
 which he was so removed; but he shall give new bonds and take 
 a new oath of office. No officer shall be removed a second time 
 for the same offense. 
 
 Approved May 31st, 1879. 
 
 VI. 
 
 ORDINANCE LEVYING TAX. 
 
 AN ACT to amend (>ection (1) of article eight (8) of an act entitled “An act to provide fix- 
 the incorporation of cities and villages,’’ approved April 10th, 1872. Approved May 
 28th, 1879. In force July 1, 1879. 
 
 Section 1. Ordinance levying tax— limitation. 
 
 Section 1. Be it enacted hy the People of the State of Illi- 
 nois^ represented in the General Assembly^ That section one (1) 
 of article eight (8) of an act entitled “An act to provide for tlie 
 incorporation of cities and villages,” approved April 10, 1872, be 
 and the same is hereby amended to read as follows: 
 
 § 1. Ordinance levying tax — limitation.^ The City Coun- 
 cil in cities, and Boards of Trustees in villages, may levy and 
 collect taxes for corporate purposes in the manner following: 
 The City Council or Boards of Trustees, as the case may be, shall 
 annually, on or before the third (3d) Tuesday in September, in 
 each year, ascertain the total amount of appropriations for all cor- 
 porate purposes legally made and to be collected from the tax 
 levy of that fiscal year; and, by an ordinance, specifying in detail 
 the purposes for which such appropriations are made, and the 
 sum or amount appropriated for each purpose, respectively, levy 
 the amount so ascertained upon all the property subject to taxa- 
 tion within the city or village, as the same is assessed and equal- 
 
PRESENT CHARTER. 
 
 103 
 
 ized for State and county purposes for the current year. A 
 certified copy of such ordinance shall be filed with the County 
 Clerk of the proper county, whose duty it shall be to ascertain the 
 rate per cent, which, upon the total valuation of all property sub- 
 ject to taxation within the city or village, as the same is assessed 
 and equalized for State and county purposes, will produce a net 
 amount not less than the amount so directed to be levied; and it 
 shall be the duty of the County Clerk. to extend such tax in a sep- 
 arate column upon the book or books of the Collector or Col- 
 lectors of State and county taxes, within such city or village: 
 Provided^ the aggregate amount of taxes levied for any one 
 (1) year, exclusive of the amount levied for the payment of 
 bonded indebtedness or the interest thereon, shall not exceed 
 the rate of two (2) per centum, upon the aggregate valuation of 
 all property within such city or village, subject to taxation therein, 
 as the same was equalized for State and county taxes of the pre- 
 ceding year. 
 
 Approved May 28th, 1871). 
 
 VII. 
 
 ANNUAL ELECTION. 
 
 AN ACT to amend section 13 of article 11 of an act entitled “An act to provide for the 
 incorporation of cities and villages” approved April 10th, 1873, in force July 1st, 
 1872. Approved and in force March 8, 1879. 
 
 Section 13. Annual election. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois^ represeyited in the General Assemhlip That section 13 of 
 article 11 of an act entitled “An act to provide for the incorpo- 
 ration of cities and villages” approved April 10, 1872, in force 
 July 1, 1872, be amended to read as follows: 
 
 § 13. Annual election!] An annual election of Trustees and 
 a Clerk of villages shall be held on the third Tuesday of April in 
 each year: Provided^ that in villages the territorial limits of 
 which coincide with the territorial limits of any township, an 
 election of Trustees and a Clerk of village shall be held at the 
 same time and at the same polling places as the annual town- 
 ship election to- wit: On the first Tuesday of April in each 
 
 year. Special elections may be held, under such regulations as 
 may be provided by ordinance, to fill vacancies and for other pur- 
 poses. 
 
 § 2. [Emergency clause — omitted.] 
 
 Approved March 8th, 1879. 
 
104 
 
 P Ji E S E N T CHARTER. 
 
 VIII. 
 
 CHANGING FROM CITY TO VILLAGE. 
 
 AN ACT to ameud an act entitled “An act to provide for the incorporation of cities and 
 villajfcs,” approved April 10th, A. D. 1872, in force July 1st, 1872, Approved May 
 29, 1879. In force July 1, 1879. 
 
 Section 1. Changing from city to village. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois^ re2trese7ited in the General Assembly^ That the said act, 
 entitled, “An act to provide for the incorporation of cities and 
 villages,” be amended by adding the following section thereto: 
 Changhuj from city to village.^ That it shall be the duty 
 of the Mayor and Common Council of any city, upon the peti- 
 tion of one-fourth of the legal voters thereof, and upon ten 
 days previous notice of such application by the City Clerk pub- 
 lished in some newspaper printed in said city, or by posting such 
 notices in five of the most public places within said city, for said 
 period in case no such newspaper is printed in said city, to fix the 
 time and call an election to decide whether said city shall be 
 organized into a village. That said election shall be governed by 
 the provisions of sections fifty (50), fifty-six (56) and fifty-seven 
 (57) of said act, and the legal voters at said election shall vote for 
 or against the organization of said city into a village, and the 
 tickets shall be written or printed '•'‘For village organization^ or 
 '•'‘Agahist village organization^ and if there be a majority of the 
 votes cast at said election in favor of the organization of said city 
 into a village, then said city shall be a village within the mean- 
 ing of said act under its former name so changed, and shall suc- 
 ceed to all rights and be liable for all the debts and legal liabilities 
 of said city, and the Mayor of said city shall, within ten days after 
 said election, give notice of the time and place for the election of 
 Trustees as near as may be, as provided for under section one 
 hundred and eighty-four (184) and one hundred and eighty-five 
 (185) of said act, who shall hold their offices until the next reg- 
 ular election: Provided^ that after one election shall have taken 
 place, no other election for a like purpose until one year shall 
 have elapsed. 
 
 Approved May 28th, 1879. 
 
PRESENT CHARTER. 
 
 4 
 
 105 
 
 INCORPORATION UNDER GENERAL LAW. 
 
 IX. 
 
 Section 1. Petition to incorporate— submission of question at next eusniug municipal 
 election. 
 
 AN ACT to amend section one (1) of article one (I) of “An act to provide for the incor])o- 
 ration of cities and villages,” approved April 10, 1872. In force February 26, 1881. 
 
 Section 1. Be it enacted by the People of the iState of Illi- 
 nois^ represented in the General Assenddy^ That section one (1) 
 of article one (1) of an act entitled “An act to provide for the in- 
 corporation of cities and villages,” approved April 10, 1872, in 
 force July 1, 1872, be and the same is hereby amended so as to 
 read as follows: 
 
 § 1. That any city now existing in this State may become in- 
 corporated under this act in the manner following: Whenever 
 
 one-eighth of the legal voters of such city, voting at the last pre- 
 ceding municipal election, shall petition the Mayor and Council 
 thereof to submit the question, as to whether such city shall be- 
 come incorporated under this act, to a vote of the electors in such 
 city, it shall be the duty of such Mayor and Council to submit 
 such question at the next ensuing municipal election of such city, 
 or on the third Tuesday of April, as provided for in article four 
 (4) of said act, for holding municipal elections: Provided^ there 
 shall be sufficient time intervening to give the notice required by 
 law.” 
 
 § 2. [Emergency clause — omitted.] 
 
 Approved February 26, 1881. 
 
MISCELLANEOUS STATUTES 
 
 Relating to Cities. 
 
 FERRIES AND BRIDGES. 
 
 AN ACT to enable cities and villages, incorporated under any general or special law of 
 this State, to acquire by purchase, lease or gift, establish, maintain, license and reg- 
 ulate ferries, bridges, the approaches thereto and tolls thereon. Approved May 22, 
 18T7. In force July 1, 1877. 
 
 Section 1. License and regulate. 
 
 194. Licence and regulate.^ § 1. Be it enacted by the Peo- 
 ple of the State of Illinois^ rep)resented in the General Assembly^ 
 That it shall be lawful for the corporate authorities of any city or 
 villao’e, now or hereafter incorporated under any special or gen- 
 eral law of this State, to acquire by purchase, lease or gift, and 
 maintain, license and regulate ferries and bridges, so acquired, 
 and the approaches thereto, not exceeding four acres of land for 
 each ferry or bridge, within the corporate limits, or within five 
 miles of the corporate limits thereof, and from time to time fix 
 the tolls thereon. 
 
 Approved May 22, 1877. 
 
 ANNEXING AND EXCLUDING TERRITORY. 
 
 AN ACT to provide for annexing and excluding territory to and from cities, towns and 
 villages, and to unite cities, towns and villages. [.Approved April 10, 1872. In 
 force July 1, 1872. L. 1871-2, p. 264.] 
 
 Section. 
 
 195. Petition to be annexed— annexing. 
 
 196. Annexing one corporation to another. 
 
 197. Proceedings by corporation to annex 
 territory. 
 
 198. Notice of proceedings. 
 
 199. Objections to annexation— trial. 
 
 Section. 
 
 200. Finding— costs, etc. 
 
 201. Proceedings by owner to be annexed. 
 
 202. Proceedings to disconnect. 
 
 20.3. Map and ordinance recorded. 
 
 204. School districts may use this act. 
 
 205. Judicial notice of change. 
 
 195. Petition to be annexed — annexing § 1. Be it enacted 
 by the People of the State of Illinois, represented in the General 
 Assembly, That on petition, in writing, signed by not less than 
 
 (106) 
 
MISCELLANEOUS STATUTES. 
 
 107 
 
 three-fourths of the legal voters, and by the owners of not less 
 than three-fourths (in value) of the property in any territory con- 
 tiguous to any city or incorporated village or town, and not em- 
 braced within its limits, the City Council or Board of Trustees of 
 said city, village or town (as the case may be) may, by ordinance, 
 annex such territory to such city, village or town, upon filing a 
 copy of such ordinance, with an accurate map of the territory an- 
 nexed (duly certified by the Mayor of the city or President of the 
 Board of Trustees of the village or town), in the office of the re- 
 corder of deeds in the county where the annexed territory is sit- 
 uated, and having the same recorded therein: Provided^ that no 
 portion, less than the whole of an incorporated city, tovvn or vil- 
 lage, shall be annexed to another incorporated city, town or vil- 
 lage, except in the mode provided in this act for the annexation 
 of the whole of an incorporated city, town or village, to another 
 city, town or village. 
 
 196. Annexing one corporatio7i to anotherd^ § 2. Any in- 
 corporated city, village or town may be annexed to another incor- 
 porated city, village or town, by ordinance passed by a two-thirds 
 vote of all the Aldermen or Trustees elect of each corporation 
 desiring annexation: Provided^ such annexation shall not affect 
 or impair any rights or liabilities either in favor of or against such 
 corporations; and suits founded upon such rights and liabilities 
 may be commenced, and pending suits may be prosecuted and 
 carried to final judgments and execution, the same as if sucli an- 
 nexation had not taken place. In making such annexation, the 
 corporations so uniting may, by ordinance, fix the terms of the 
 annexation, which shall have the force and effect of a binding- 
 contract: Provided^ hoinevei\ that no such ordinance shall be of 
 any binding force or effect until submitted to a vote of the legal 
 voters of such city, town or village, at a general election thereof, 
 and adopted by a majority of all the voters voting thereon at such 
 election, notice of which shall be given at the same time and in 
 the same manner as required for the election of the officers of 
 such city, town or village: And, provided,, also,, that the vote 
 shall be by ballot, which shall be “for union ordinance,” or 
 “against union ordinance,” and shall be received, canvassed and 
 returned the same as ballots for municipal officers of such city, 
 town or villao-e. 
 
 197. P roceedings by corporation to annex territory?^ § 3. 
 When any incorporated city, village or town shall desire to annex 
 any contiguous territory thereto, and the same shall not have 
 been petitioned for as provided in section one of this article, it 
 shall be lawful for the City Council or Board of Trustees of such 
 city, village or town, by a two-thirds vote of all the Aldermen or 
 
108 
 
 MISCEI.I.AXEOUS STATUTES. 
 
 Trustees elect, by ordinance or resolution, to authorize the Mayor 
 of such city or the President of the Board of Trustees of such 
 village or town, to petition the Circuit Court of the county in 
 which the territory desired to be annexed or a major part thereof 
 is situated, praying such annexation to be made. The petition 
 shall contain a copy of such ordinance or resolution, and an accu- 
 rate map of the territory which it is desired to annex, showing all 
 such subdivisions that shall have been made therein. Such peti- 
 tion shall be filed with the Clerk of the Court at least ten days 
 before the first day of the term at which it is proposed to be heard: 
 Promded^ that nothing in this section contained shall authorize 
 said petition to be filed indess the territory so sought to be an- 
 nexed (exce})t territory intervening between a city and town, 
 or two or more cities or towns, desiring to become united under 
 this act,) shall contain an actual resident population of at least 
 one hundred and fifty iidiabitants to each section or fractional 
 part of a section so sought to be annexed — which said fact shall 
 be alleged in said petition and proved on the hearing thereof, the 
 same as any other allegation in said petition. 
 
 198. Notice of proceedings.^ § 4. When it shall be deter- 
 mined to present such petition, the Mayor or President of the 
 Board of Trustees (as the ease may be) shall cause notice of the 
 time and place where and when the petition will be or has been 
 filed, and at what term of court the hearing thereof will be had, 
 and setting forth the boundaries or a general description of the 
 territory proposed to be annexed — to be given by publication at 
 least once in each week, for two successive weeks, in some news- 
 })aper published in the county where the petition is filed or to be 
 filed (or, if no newspaper is published in such county, then in the 
 nearest newspaper published in this State), and by posting up no- 
 tices at least fourteen days before such time of hearing, in at least 
 three of the most public places in the territory proposed to be an- 
 nexed, and a like number in the city, village or town to which it 
 is desired to annex such territory. 
 
 199. Objections to annexation — trial^ § 5. The legal voters 
 resident upon the territory thus proposed to be annexed, or any 
 of them, or any owner of land therein, or any voter of such city, 
 village or town, may appear at such hearing and show cause why 
 such annexation should not be made; and the court, or a jury im- 
 paneled for that purpose (no member of a jury so impaneled shall 
 be a resident of the corporation or territory to be annexed, nor of 
 the town or towns in which said corporation or territory may be 
 situated,) shall hear all competent evidence that may be offered 
 by either party; and the court may continue the hearing from 
 time to time, for any cause, and make all proper orders in regard 
 to the hearing, giving of notices and other disposition of the case. 
 
I S C E L L A N E O U S STATUTES. 
 
 109 
 
 200. Finding — costs^ e^c.] § 6. If, upon the hearing, the 
 
 court or the jury shall find that such territory ought to be annexed 
 
 , to such city, village or town, and can be so done without injustice 
 to the inhabitants or persons interested, the court shall so order. 
 If the court or jury shall find against the petitioners, the petition 
 shall be dismissed at the cost of the petitioners; and no subsequent 
 petition shall be presented for the annexation of any of the terri- 
 tory embraced in such petition, within one year from the time of 
 entering such order: Provided^ that new trials may be granted as 
 in other jury cases. 
 
 201. Proceedings by owner to he annexed^ § 7. When not 
 less than a majority in number of the legal voters or the owner 
 or owners of any tract or tracts of land, contiguous to any incor- 
 porated city, village or town, shall, by petition, in writing, signed 
 by them, and filed in the Circuit Court of the county where such 
 territory or a major part thereof is situated, pray to be annexed 
 to such city, village or town, the like proceedings may be had 
 thereon, and with the like effect, as in case of a petition by a city, 
 village or town: Prodded^ a copy of the notice required to be 
 given shall be left with the Mayor of such city or President of 
 such village or town, at least ten days before such petition is 
 heard. 
 
 202. Proceedings to disconnect.^ § 8. Whenever a majority 
 of the legal voters of any territory within any city, town or vil- 
 lage, and beitig upon the border and within the boundary there- 
 of, shall petition the Circuit Court of the county in which such 
 city, town or village is situated, praying to be disconnected there- 
 from, such petition shall be filed with the clerk of the court at 
 least ten days before the first day of the term at which it is pro- 
 posed to be heard, and like proceedings shall be had as is re- 
 quired by sections four, five and six of the act for the annexation 
 of territory to such city, town or village: Provided., that the pro- 
 visions of this section shall only apply to lands not laid out into 
 city or town lots or blocks. 
 
 203. Map and ordinance recorded?^ § 9. When any terri- 
 tory is annexed to any city, village or town, as provided in this act, 
 it shall be the duty of the Mayor of the city, or the President of 
 the Board of Trustees of the village or town, (as the case may be,) 
 to cause an accurate map of such added territory, together witli 
 the ordinance for the annexation, certified by such Mayor, and if 
 a decree or order of the court has been made therefor, a copy of 
 the same, to be filed for record and recorded in the recorder’s 
 office for the county in which such added territory is situated. If 
 territory is disconnected or excluded from any city, village or 
 
no 
 
 M I ( E L I, A X E O U S STATUTES. 
 
 town, a copy of the ordinance or decree therefor shall be so filed 
 for record and recorded. 
 
 204. School districts.^ § 10. All school districts, and other 
 corporations incorporated for school purposes, under special acts 
 of the legislature, desiring to annex or disannex territory', may 
 proceed under the provisions of this act. [See “Schools,” ch. 122, 
 ^ do. 
 
 205. Judicial notice.^ § 11. All courts in this State shall take 
 judicial notice of cities, towns and villages, and of the changes of 
 their territory, made under the provisions of this act. 
 
 CHANGING NAME. 
 
 A^^ ACT to enable any city, towTi or village in this State to change its name. [Approved 
 
 March 7, 187‘^. In force July 1, 187*J.] 
 
 Section . 
 
 *206. Petition. 
 
 207. Proceedings. 
 
 20S. Duties of Secretary of State. 
 
 209. Time of hearing to be fixed— notice. 
 
 210. Hearing petition and remonstrances. 
 
 Section. 
 
 211. Order filed with Secretary of State — 
 
 notice. 
 
 212. Rights saved. 
 
 213. When change void. 
 
 214 [Name of unincorporated town, etc. 
 
 20G. Petition?^ § 1. Pe it enacted by the People of the 
 State of Illinois., represented in the General Assembly., That 
 whenever a petition, signed by the qualified electors of any city, 
 incorporated town or incorporated village of this State, equal in 
 number to one-half of those who voted for the officers therein 
 at the last election, shall be presented to the corporate author- 
 ities of such city, town or village, praying that the name of 
 such city, town or village may be changed, it shall be lawful for 
 such corporate authorities to make such change in the manner 
 hereinafter prescribed. 
 
 207. Proceedings.^ § 2. Previous to the presentation of the 
 petition in the preceding section mentioned, the name proposed 
 to be given to such city, town or village shall be filed in the office 
 of the Secretary of State, to be there retained for the period of at 
 least sixty days, and upon application, the Secretary of State 
 shall, at any time after the filing of such name, grant a certificate, 
 stating that such name has not been given to any other city, in- 
 corporated town, or incorporated village, or municipality in this 
 State, if such be the fact; but if such name has been adopted by 
 any other city, town, village or municipality, as appears from infor- 
 mation in his office, the Secretary of State shall so notify the party 
 or parties making such application, in which case another name 
 
MISCELLANEOUS STATUTES. 
 
 Ill 
 
 shall be filed in his office, which name shall likewise remain for 
 the like period of sixty days; and no petition shall be acted upon 
 by said corporate authorities unless accompanied by the certifi- 
 cate of the Secretary of State, setting forth that such name has 
 not been adopted elsewhere in this State. 
 
 208. Duties of Secretary of State?[ § 3. The Secretary of 
 State shall, as soon as practicable after the passage of this act, 
 commmunicate with the clerks of the several counties of this 
 State, and ascertain the names of all the cities, towns, villages or 
 other municipal corporations therein, and arrange such names in 
 alphabetical order for convenient reference. Such list of names 
 shall be kept filed in his office, and shall be changed whenever a 
 change of name shall be effected under the provisions of this act. 
 
 209. Time of hearing to he fixed — notice.^ § 4. At any 
 meeting of the corporate authorities of any city, incorporated 
 town or incorporated village, after the presentation of the petition 
 herein provided, such corporate authorities shall fix the time when * 
 such petition shall be considered, and order notice of the presen- 
 tation thereof to be given, by publishing such notice for three suc- 
 cessive weeks in some newspaper having a general circulation in 
 such city, town or village. Such notice shall state that a change 
 of the name of such city, town or village has been prayed for, and 
 the time when action on said petition will be had, at which time 
 remonstrances, if any, will be heard. 
 
 210. Hearing i^etition and remonstrances.^ § 5. At the time 
 fixed in the notice provided for in the preceding section, or if, 
 from any cause, action thereon is not taken, such petition praying 
 for a change of name shall be, with all remonstrances, heard at 
 any subsequent meeting of the corporate authorities of any such 
 city, town or village; and if said corporate authorities are satisfied 
 that such change of name is necessary and proper, they shall 
 thereupon make an order changing the name of such city, town 
 or village, and adopting the name prayed for in such petition. 
 
 211. Order filed vuith Secretary of State — notice^ § 6. If 
 said change of name is made, said corporate authorities shall 
 cause a copy of the order making such change to be filed in the 
 office of the Secretary of State, who shall thereupon make known 
 the fact of such change, by publication in some newspaper of the 
 county in which such city, town or village is situated, and also in 
 some newspaper in the city of Chicago; and all the courts of this 
 State shall take judicial notice of the change thus made. 
 
 212. Rights saved. \ § 7. Nothing in this act contained shall 
 
 affect the rights or privileges of such city, town or village, or 
 those of any person, as the same existed l)cfore such change of 
 name. And all proceedings pending in any court or place in 
 
112 
 
 M I S C E L I. A X E O U S STATUTES. 
 
 favor of or against said city, town or village, may be continued to 
 final consummation under the name in which the same was com- 
 menced. 
 
 213. W^hen change void.^ § 8 . If the name of any such city, 
 town or village shall be changed contrary to or without comply- 
 ing with the provisions of this act, such change shall be void; and 
 all proceedings instituted or acts done in such name as changed, 
 shall be void and held for naught in the courts of this State. 
 
 214. N^ame of unincorporated tovm^ etc?\ § 9. When the 
 
 plat of any unincorporated town or village shall be placed upon 
 record in any county of this State, the Circuit Court of said 
 county shall have power, at any regular term of said court, to 
 change the name of such unincorporated town or village, upon 
 the petition of a majority of the legal voters residing within the 
 limits of such town or village: Provided^ notice of the pro- 
 
 posed change of name shall be filed in the office of the Secretary 
 of State, as provided in section two of this act. 
 
 § 215. Omitted, not l)eing applicable to this city. 
 
 TERRITORIAL JURISDICTION. 
 
 AN ACT to extend the jurisdiction of towns and cities on any river within or on the bor- 
 ders of this State, for the purpose of police regulations. Approved and in force 
 Feb. 15, 1865. L. 1865, p. 111. 
 
 Section 216. To enforce ordinances on boats, etc. 
 
 21 G. To enforce ordinances on hoats^.etc^ §1. Be it enacted 
 by the People of the State of Illinois^ represented in the General 
 Assembly^ That cities and towns on any river within or on the 
 liorders of this State, shall have the right to extend and enforce 
 their ordinances so as to include any boat or other floating struct- 
 ure, which shall be kept within two miles of the city or town 
 limits, as a place for drinking spirituous liquors, or for gaming, or 
 for the purpose of prostitution: Provided^ no authority shall be 
 given by this law, beyond what the law now authorizes, to inter- 
 fere with any steamer or other boat, the usual business of which 
 is the carrying of freight or passengers. [See § 44, 71. 
 
MISCELLANEOUS STATUTES. 
 
 113 
 
 HOUSES OF ILL-FAME. 
 
 AN ACT to prevent the liceiiping of houses of ill-fame, and the official inspection or med- 
 ical examination of the inmates thereof, in the incorporated cities, towns and vil- 
 lages of this State. Approved and in force March 27, 1874. 
 
 Section 217. Licensing and medical inspection forbidden. 
 
 217. Licensing and medical insjjectloii forbidden^ § 1. Be 
 it enacted hy the People of the State of Illinois represented in the 
 General Assembly^ That it shall be nnlawlul for the coi-porate 
 authorities of any city, town or village in this State to grant a 
 license to any person, male or female, to keep what is known as 
 a house of ill-fame or a house of prostitution. And it shall be 
 unlawful for any Board of Health (or any member or employee 
 of the same) now existing, or which may hereafter exist under 
 the laws of this State, to interfere in the management of any house 
 of ill-fame or house of prostitution, or to provide in any manner 
 for the medical inspection or examination of any inmate of the 
 same. [See § 02, item 45. 
 
 § 219, 220. Omitted, not being applicable to this city. 
 
 POLICE AND FIREMEN’S RELIEF FUND. 
 
 AN ACT to amend “An act for the relief of disabled members of the police and lire de- 
 partments in cities and villages,” approved May 24, 1877, in force July 1, 1877. Ap- 
 proved May 10, 1879. In force July 1, 1879. 
 
 Section. 
 
 1. How fund created. 
 
 2. Mayor, etc., trustees of fund. 
 
 3. Board to control fund. 
 
 4. Treasurer to give bond for fund 
 
 5. Warrants drawn on 'J'reasurer. 
 
 221. H 010 fund crettted.^ § 1. Be it enacted, hy the People 
 of the State of Illinois represented in the General Assemhhp 
 “That an act for the relief of disabled members of the police and 
 fire departments in the cities and villages,” approved May 24, 
 1877, in force July 1, 1877, be amended to read as follows: 
 
 That one-fourth of all the rates, taxes and license fees which 
 are or may be hereafter required by law to be paid by corpora- 
 tions, companies, or associations, not incor|)orated under the laws 
 of this State, engaged in any village or city in this State, effect- 
 8 
 
 Section. 
 
 6. Permnnent disability— denth— ^annuity. 
 
 7. Who entitled to benefits. 
 
 8. IIow money paid out. 
 
 9. Repeal. 
 
114 
 
 MISCELLANEOUS STATUTES. 
 
 ing fire insurance, and all moneys received from fines inflicted 
 upon members of the police and fire departments for a violation 
 of the rules and regulations of the service, and all fines recovered 
 because of conviction for a violation of the fire ordinances, and all 
 moneys accruing from the sale of unclaimed stolen property, shall 
 be set apart by the Treasurer of the city or village, to whom the 
 same shall be paid, as a fund for the relief of disabled members 
 of the police and fire department of such city or village. 
 
 222. Mayo'i\ etc.^ trustees of fund^ § 2. The Mayor or President 
 of the Board of Trustees, the Superintendent or chief officer of 
 the police department, the fire marshal, or chief officer of the fire 
 department, and the chairman of the committee on police and fire 
 and water, of the City Council or Board of Trustees of the city or 
 village, with the Comptroller (if there be one) or City Clerk and 
 Treasurer, shall constitute and be a Board by the name of the 
 Trustees of the Police and Firemen’s Relief Fund, and the Treas- 
 urer of the city or village, shall be custodian of the funds of said 
 Police and Firemen’s Relief Fund. The said Board shall select 
 from their number a President and Secretary. 
 
 223. Board to control funds?^ § 3. The said Board shall have the 
 exclusive control and management of the fund mentioned in the 
 first section of this act, and of all money donated, paid or assessed 
 for the relief of disabled policemen or firemen, and shall have the 
 power to assess each and every member of the police and fire de- 
 partments of such city or village, including all such persons who 
 having become entitled to the benefits of this fund, while such 
 members of said police and fire departments, have not forfeited 
 their rights to share in such benefits after leaving such depart- 
 ments as hereinafter provided, not to exceed the sum of five dol- 
 lars ($5) per annum, which shall be received and held by the 
 Treasurer of said relief fund, in like manner as the other moneys 
 herein provided, to be paid to him; and any persons who having 
 become entitled to the benefits of this fund, shall not within one 
 month after notice in writing to him from said Board of the assess- 
 ment against him, pay the same, shall not be entitled to, or receive 
 any benefits secured to him under the provisions of this act, 
 unless he shall make written application to the Trustees of the 
 fund to become a member thereof, and shall have by a majority 
 vote of said Trustees been admitted to membership in said organ- 
 ization, and upon his making payment of all delinquent assess- 
 ments due by him, accruing during his membership in such police 
 or fire department. The said Board may make all needful rules 
 and regulations for its government in the discharge of its duties^ 
 and shall liear and decide all applications for relief under this act, 
 and its decisions on such applications shall be final and conclu- 
 
MISCELLANEOL^S f^TATUTEf^. 
 
 115 
 
 sive, and not subject to review or reversal except by the Board: 
 Provided^ that nothing- herein contained shall render the payment 
 of any sum ol money or annuity which may be awarded by the 
 Board, obligatory by the Board or chargeable against it as a legal 
 right; but the Board may, at any time in its discretion, order that 
 such sums of money or annuity shall be reduced, or that payment 
 of the same shall not be made. The Board shall cause to be kept 
 a record of all its meetings and proceedings. 
 
 224. Treasure!' to keep fund — bond.\ § 4. The Treasurer of the 
 Board shall be the custodian of the fund in the first section of 
 this act mentioned, and of all moneys donated, paid or assessed 
 towards or on account of the relief fund hereby created, and shall 
 secure and safely keep the same, subject to the control and direc- 
 tion of the Board, and shall keep his books and accounts in such 
 a manner as may be prescribed by the Board, and the same shall 
 always be subject to the inspection of the Board, or any member 
 thereof. The Treasurer shall, within ten days after his election 
 or appointment, execute a bond to the city or village, as the case 
 may be, with good and sufficient securities, in such penal sum as 
 the Board may direct, to be approved by the Board, conditional 
 for the faithful performance of the duties of his office, and that 
 he will safely keep and well and truly account for all moneys and 
 property which may come to his hands as such Treasurer, and 
 that on the expiration of his term of office, he will surrender and 
 deliver over to his successor all unexpended moneys and all prop- 
 erty which may have come to his hands as such Treasurer. Such 
 bond shall be filed in the office of the Clerk of such city or vil- 
 lage, and in case of a breach of the same, or the conditions* 
 thereof, suit may be brought on the same, in the name of such 
 city or village, for the use of said Board, or of any person or per- 
 sons injured by such breach. 
 
 225. Warrants draum on Treasurer.^ § 5. It shall be the duty of 
 the Mayor and Clerk, or the Comptroller, if there be one, and the 
 officer or officers of such city or village, who are or may be author- 
 ized by law to draw warrants upon the Treasurer of such city or 
 village, upon request made in writing by said Board, to draw war- 
 rants upon the Treasurer of such city or village, payable to the 
 Treasurer of said Board, for the fund set apart by such city or 
 village Treasurer, as prescribed by the first (1st) section hereof. 
 
 220. Permanent disability — death — annuity.^ § 6 . When, in 
 the judgment of the Board, a sufficient amount shall have accumu- 
 lated in said fund to justify the application thereof to the use for 
 which the same is hereby created,’ if any member of the police or 
 fire de])artments, while in the actual performance of duty or other 
 person entitled to the benefits of tl)is fund as hereinafter pro- 
 
116 
 
 MISCELLANEOUS STATUTES. 
 
 vided, shall become permanenth" disabled, so as to render proper 
 his retirement from membership, a sum not exceeding six hundred 
 dollars (6600) per annum, or such less sum as, in the judgment of 
 the Board, the fund will justify, shall be paid to such member out 
 of said fund; or if any member while in the actual discharge of 
 duty shall be killed, or shall die from the immediate effects of an 
 injury received by him while in such discharge of duty, or shall 
 die after ten years service in the police or fire departments, and 
 shall leave a widow, or if no widow, any child or children under 
 the age of sixteen (16) years, a sum not exceeding six hundred 
 (600) dollars per annum, or such less sum as, in the judgment of the 
 Board, the condition of the fund will justify, shall be paid to such 
 widow so long as she shall remain unmarried, or to such child or 
 children while under the age of sixteen vears. 
 
 226 a. IV/io may ohtain henef ts^ § 7. Any person who shall have 
 served in either the police or fire departments of said city or vil- 
 lage for the full term of ten (10) years, and shall have paid into 
 the fund hereby provided for all assessments regularly made upon 
 him by the Board of Trustees as required by this act, and the 
 regulations of the said Board of Trustees passed in pursuance of 
 this act, and shall have complied with all the rules and regula- 
 tions lawfully established by the Board of Trustees in the same 
 manner, as if such person was an active member in said police or 
 fire department, may continue his membership in this organiza- 
 tion, and be entitled to the benefits of this fund after he shall 
 have ceased to be a member in either said police or fire depart- 
 ment, b}’ complying with all the provisions of this act, relative to 
 the payment of assessments, &c., the same as prior to his ceasing 
 to be a member of said departments, and the widow or children 
 of such person shall be entitled to all benefits hereby secured to 
 other members of this organization. 
 
 226 h. Ho'u' money paid out.^ § 8. All moneys ordered to be paid 
 from said relief fund to any person or persons, shall be paid by 
 the Treasurer of said Board only upon warrants signed b}" the 
 President of the Board and countersigned by the Secretary, and 
 no warrant shall be drawn exqept by order of the Board, duly 
 entered in the record of the proceedings of the Board. In case 
 the said relief fund, or any part thereof, shall b}’^ order of the 
 said Board or otherwise, be deposited in any bank, or loaned, all 
 interest on money which may be paid or agreed to be paid, on 
 account of any such loan or deposit, shall belong to and consti- 
 tute a part of said fund: Provided., that nothing herein contained 
 shall be construed as authorizing the said Treasurer to loan the 
 said fund, or anv part thereof, unless so authorized by said Board. 
 
 226 c. Repeold^ IL All acts or parts of acts, or amendments 
 
MISCELLANEOUS STATUTES. 
 
 117 
 
 thereto, heretofore enacted, and in any manner conflicting with 
 the provisions of this act, are hereby expressly repealed. 
 
 Approved May 10th, 1879. 
 
 WATER WORKS. 
 
 AN ACT authorizing cities, incorporated towns and villages to construct and maintain 
 water works. Approved and in force April 15, 1873. 
 
 Section. 
 
 227. Power to supply wator— letting con- 
 tracts. 
 
 228. May borrow money — tax. 
 
 229. May acquire property for works, etc. 
 
 230. Rules— tax— assessment— lieu. 
 
 231. Special assessments. 
 
 232. Separate funds. 
 
 233. When act not apply. 
 
 j Section. 
 
 235. Bonds — assessments payable in in- 
 I stallments. 
 
 ' 230. When installments payable— interest. 
 
 237. Applies to assessments already or- 
 dered. 
 
 239. Power to contract for water. 
 
 240. Tax. 
 
 227. Power to supply loater — letting contract.^ § 1. Pe it 
 
 enacted by the People of the State of Illinois., represented in the 
 General Assembly., That all cities, incorporated towns and vil- 
 lages in this State be and are hereby authorized, and shall have 
 power to provide for a supply of water for the purposes of fire 
 protection, and for the use of the inhabitants of such cities, incor- 
 porated towns or villages, by the erection, construction [and] main- 
 taining of a system of water works: Provided., that all contracts 
 for the erection or construction of any such works, or any part 
 thereof, shall be let to the lowest responsible bidder therefor, upon 
 not less than three weeks’ public notice of the terms and condi- 
 tions upon which the contract is to be let having been given, by 
 publication in a newspaper published in such city, town or village; 
 or if no newspaper is published therein, then in some newspaper 
 published in the county; provided., farther., that no mem- 
 
 ber of the City Council or Board of Trustees, or Mayor, shall be 
 directly or indirectly interested in any such contract, and in all 
 cases the Council or Board of Trustees, as the case may be, shall 
 have the right to reject any and all bids that may not be satisfac- 
 tory to them. [See § 169-171. 
 
 228. Borrow money — tax?\ § 2. Such cities, incorporated 
 towns and villages may borrow money and levy and collect a gen- 
 eral tax in the same manner as other municipal taxes may be 
 levied and collected for the erection, construction and maintain- 
 ing of such water works, and appropriate money for the same. 
 [See § 62, item 3. 
 
118 
 
 :misceli.aneous statu i'es. 
 
 229. May acquire property for works^ etci\ § 3. For the pur- 
 pose of erecting, constructing, locating, maintaining or supplying 
 such water works, any such city, incorporated town or village may 
 go beyond its territorial limits, and may take, hold and acquire 
 property and real estate, by purchase or otherwise; and shall also 
 have the power to take, hold and acquire and condemn any and 
 all necessary property and real estate for the location, erection, 
 construction and maintaining of such water works, in the man- 
 ner provided for the taking and condemning of private property 
 for public use; and may also acquire and hold real estate and 
 other property and rights necessary for the location erection, con- 
 struction and maintenance of such water works, by purchase or 
 otherwise; and the jurisdiction of such city, town or village to 
 prevent or punish any pollution, or injury to the stream or source 
 of water for the supply of such water works, shall extend ten 
 miles beyond its corporate limits. [See § 170, also “Eminent 
 Domain,” ch. 47. 
 
 230. Mules — tax — assessment — lieni] § 4. The Common 
 Council of such cities, or Trustees of such towns or villages, shall 
 have power to make and enforce all needful rules and regulations 
 in the erection, construction and management of such water 
 works, and for the use of water supplied by the same. And such 
 cities, towns and villages shall have the right and power to tax, 
 assess and collect from the inhabitants thereof such tax, rent or 
 rates for the use and benefit of water used or supplied to them by 
 such water works, as the Common Council or Board of Trustees, 
 as the case may be, shall deem just and expedient. And all such 
 water taxes, rates or rents shall be a lien upon the premises and 
 real estate upon or for which the same is used or supplied. And 
 such taxes, rents or rates shall be paid and collected, and such 
 lien enforced, in such manner as the Common Council shall, by 
 ordinance, direct and provide. [See § 171. 
 
 231. Special assessment^] § 5. The expense of locating, 
 erecting and constructing reservoirs and hydrants for the pur- 
 pose of fire protection, and the expense of constructing and lay- 
 ing water main pipes, or such part thereof as may be just and 
 lawful, may be assessed upon and collected from the property and 
 real estate specially benefited thereby, if any, in such manner as 
 may be provided for the making of special assessments for other 
 public improvements in such cities, towns or villages. [See § 
 133 seq. 
 
 232. Sep>arate fund?>^ § 6. All the income received by such 
 cities, towns or villages from such water works, from the payment 
 and collection of water taxes, rents or rates, shall be kept in a 
 separate fund, and shall first be applied in the payment and dis- 
 
MISCELI.ANEOUS STATUTES. 
 
 119 
 
 charge of the costs, interest on bonds or money borrowed and 
 used in the erection and construction of such water works and 
 running expenses thereof. And any surplus may be applied in 
 such manner as the Common Council or Board of Trustees may 
 direct. 
 
 233. When act not apply.^ g 7. The provisions of this act 
 shall not apply to cities, towns or villages in which water works 
 are now managed or controlled by a board of public works. 
 
 AMENDMENT. 
 
 AN ACT to amend section one (1) of an act entitled “An act autliorizing cities, incor- 
 porated towns and villai>;es to construct and maintain water works,” approved and 
 in force April 15, 1873. Approved and in force May 14, 1879. L. 1879, p. 64. 
 
 Section 1. Power to supply water— letting contracts. 
 
 234. Be it enacted by the People of the State of Illhiois^ 
 represented in the General Assembly, g 1. That section one (1) of 
 an act entitled “An act authorizing cities, incorporated towns 
 and villages to construct and maintain water works,” approved 
 and in force April 15th, 1873, be and is hereby amended so as to 
 read as follows: 
 
 Poicer to supply vKiter — letting contract. \ That all cities, in- 
 corporated towns and villages in this State, be and are hereby 
 autliorized and shall have power to provide for a supply of 
 water for the purposes of fire protection, and for the use of the 
 idiabitants of such cities, incorporated towns or villages by the 
 erection construction and maintaining of a system of water Avorks 
 or by uniting with any adjacent city, incorporated town or vil- 
 lage, in the erection construction and maintaining of a system of 
 water works for the joint use of such cities, incorporated towns or 
 villages, or by procuring such supply of water from any adjacent 
 city, incorporated town or village already having water works: 
 Prodded., that all contracts for the erection or construction of such 
 works or any part thereof, shall be let to the lowest responsible 
 l)idder therefor, upon not less than three (3) weeks’ public notice 
 of the terms and conditions upon which the contract is to be let, 
 having been given by publication in a newspaj)er published in 
 such city, towti or village, or if no newspaper is published therein, 
 then in some news[)aper published in the county: And., prodded., 
 further., 4’hat no member of the City Council or Board of Trus- 
 tees or Mayor shall be directly or indirectly interested in any such 
 contract, and in all cases the Council or Board of Trustees as the 
 case may be, shall have the right to reject any and all bids that 
 may not be satisfactory to them. 
 
 (Emergency clause omitted.) 
 
120 
 
 MISCELLA^"30U8 STATUTES. 
 
 AN ACT to provide for the laying of water supply pipe by bonds and special assessment 
 payable in installments. Approved and in force ^larch 17, 1874. 
 
 235. Bonds — assessments payable in installments?^ § 1. Be 
 it enacted by the People of the State of Illinois represented in the 
 Genercd Assembly^ That whenever the corporate authorities of 
 any city, town or village shall provide, by ordinance, for the lay- 
 ing of water supply pipes, to be paid for by a special assessment 
 to be made under the provisions of article nine of the act of the 
 General Assembly, entitled “An act to provide for the incorpo- 
 ration of cities and villages,” approved April 10, A. D. 1872, such 
 corporate authorities may, in their discretion, provide in such 
 ordinance, or by an ordinance to be adopted at any time prior to 
 the issuance of the w^arrant to the Collector for the collection of 
 such assessment, that the amount of the estimated cost of such 
 improvement shall be provided for in the following manner, to- 
 wit; That bonds of the city, town or village, as the case may 
 be, shall be issued for such portion of the estimated cost of such 
 improvement as shall be apportioned to the city, town or village 
 as public benefit, payable at such time or times, within twenty 
 years, as may be provided by said ordinance, or it may in such 
 ordinance be provided that all or any portion of the amount, so 
 apportioned as public benefits, may be made by general taxation 
 in accordance wdth the provisions contained in said article nine, 
 and that the portion of said estimated cost which shall be assessed 
 upon property specially benefited, shall be payable in such annual 
 installments, not exceeding ten in number, as may in such ordi- 
 nance be prescribed: Provided^ that nothing in this section shall 
 authorize any city, town or village to issue such bonds to an 
 amount, including all existing indebtedness, in excess of the 
 charter, statutory or constitutional limitation of the indebtedness 
 of such city town or village. 
 
 236. When installments payable — interest?^ § 2. Whenever 
 such corporate authorities shall have provided by ordinance for 
 the making of such improvement in the manner prescribed in 
 section 1 of this act, the first installment of the amount assessed 
 upon property specially benefited shall be payable immediately 
 upon the issuance, by the Clerk of such city, town or village, of 
 his warrant to the Collector, and the subsequent installments 
 shall be payable annually thereafter, with interest until paid, 
 at such rate as shall be prescribed in such ordinance, not exceed- 
 ing ten per cent, per annum. 
 
 237. Apjp)Ues to assessjnents already orderedl\ § 3. This act 
 shall apply to assessments already ordered for the purpose set 
 
illSCELLANEOUS STATUTES. 
 
 121 
 
 fortli in section 1 of this act, and to the ordinances in relation 
 thereto, as well as to ordinances hereafter to be adopted. 
 
 [238. Emergency clause — omitted.] 
 
 AN ACT to enable cities and villages to contract for a supply of water for public use, 
 
 and to levy and collect a tax to pay for water so supplied. Approved April 9, 1872. 
 
 In force July 1, 1872. 
 
 239. Power to contract for 'water §1. Beit enacted by the Peo- 
 ple of the State of Illinois represented in the General Asseynhly^ 
 That in all cities and villages where water works may hereafter 
 be constructed by an incorporated company, the city or village 
 authorities in such cities and villages may contract with such in- 
 corporated company for a supply of water for public use, for a 
 period not exceeding thirty years. 
 
 240. Tax^ § 2. Any such city or village so contracting 
 may levy and collect a tax on all taxable property within such 
 city or village, to pay for the water so supplied. 
 
 SALARIES OF CITY OFFICERS. 
 
 AN ACT to enable the corporate authorities of cities to establish and fix the salaries of 
 city officers. A]>proved and in force April 23, 1873. 
 
 Seclion‘2A\. When to be fixed— not changed during term. 
 
 241. 'When to be fixed — not changed during temi. § 1. Be 
 it enacted b'y the People of the State (f Illinois^ represented in 
 the General Assembly : It shall and may be lawful for the Com- 
 mon Council or legislative authority of any city in this State to 
 establish and fix the amount of salary to be paid any and all city 
 officers, as the case may be, except members of such legislative 
 body, in the annual appropriation bill or ordinance made for the 
 purpose of providing for the annual expenses of any such city, or 
 by some ordinance prior to the passage of such annual appropria- 
 tion bill or ordinance; and the salaries or compensation thus fixed 
 or established, shall neither be increased nor diminished by the 
 said Common Council or legislative authority of any such city, 
 after the passage of said annual appropriation bill or ordinance, 
 during the year for which such appropriation is made, and no 
 extra compensation shall ever be allowed to any such officer or 
 employee over and above that provided in manner aforesaid. 
 [See § 84, 85. 
 
 [242. Emergency clause — omitted.] 
 
m 
 
 :>riSCELLANEOUS STATUTES. 
 
 REBATE AND REDUCTION OF TAXES, ETC. 
 
 AN ACT to present tlie unjust collection, b}' incorporated cities and towns, of taxes, lev- 
 ied upou property destroyed by fire, and to authorize the Common Council of such 
 cities, or Board of Trustees of such towns, to chance or amend appropriation bills, 
 to pass new appropriation bills, to reduce taxes and special assessments in certain 
 cases, and to discontinue special improvements. Approved and in force Jan. 18, 
 187-2. 
 
 Section. j Section. 
 
 •243. Rebate when property destroyed, ! *244. May reduce or release tax or assess- 
 ment. 
 
 248. Rebate v:hen propertu destroyed.^ § 1. Be it enacted by 
 the People of the State (jf Illinois represented in the General As- 
 sembly, That whenever, in any incorporated city or town in this 
 State, any property listed or assessed for municipal taxation, 
 shall have been or shall hereafter be destroyed by fire, in whole or 
 in part, before the levy of the municipal taxes of such city thereon, 
 or before the municipal taxes levied thereon shall have been col- 
 lected, it shall and may be lawful for the Mayor of such city or town 
 — if there be no Mayor, then the President of the Board of Trus- 
 tees, the City Comptroller, if there should be one; and if not, then 
 the City Clerk or Town Clerk, and the Tax Commissioner if there 
 should be one; if not, then the Chairman of the finance committee 
 of the City Council, or Board of Trustees — to rebate or remit so 
 much of such tax or taxes, so levied upon such property, as in 
 their opinion should be rebated or remitted by reason of such 
 })i’operty having been in whole or in part, destroyed by fire. 
 
 244. Jlety reduce or release tax or assessinaUf] § 2. That 
 whenever, in any incorporated city or town in this State, any 
 large portion of the taxable property of such city shall have been 
 or shall hereafter be destroyed by fire, so as to seriously impair 
 or affect the ability of the property owners of such city or town 
 to pay taxes or special assesment thereon, and an appropriation 
 bill has been made or passed, or special improvements ordered 
 before such fire, and the tax or assessment for the payment or 
 raising of the same has not been levied or collected, it may be 
 lawful for the City Council or Board of Trustees of any such town 
 to alter, revise, change, reduce or vacate, or repeal such appro- 
 priation bill, or any part of the same, and to order the discontinu- 
 ance of said special improvements, or any of the same, or to 
 reduce the amount of taxes or special assessments ordered to be 
 levied or assessed, or collected for any general or special purpose, 
 and to pass a new appropriation bill; which new appropriation 
 bill shall have the same force and effect as if the same had been 
 passed within the time prescribed by the charter of any such city 
 or such corporate town. 
 
 [245. Emergency clause — omitted.] 
 
]\r I S C E L L A N E O U S STATUTES. 
 
 123 
 
 SEWERAGE AND WATER TAXES. 
 
 AN ACT iu relation to the levy and collection of taxes for sevverafio and water works in 
 
 the cities of this State that may have established a system of sewerajte and water 
 
 works for such city. Approved and iu force April 22, 1871. 
 
 Section. I Section. 
 
 246. Sewerage fund tax. I 247. Water fund tax. 
 
 246. Seioerage fund tax.\ § 1. Be it enacted by the Peoide 
 of the State of Illinois represented in the General Assembly., That 
 the legislative authority of any such city which now has or may 
 hereafter have established a system of sewerage for such city, 
 shall have power, annually to levy and collect a tax upon the tax- 
 able real and personal estate of any such city, not to exceed one 
 mill on a dollar, for the extension and laying of sewers therein 
 and the maintenance of such sewers, which tax shall be known as 
 “The Sewerage Fund Tax,” and shall be levied and collected in 
 the same manner that other general taxes of any such city are 
 levied and collected: Provided., hoivever., that the board of public 
 works of such city, if any, or the head of the sewer department of 
 such city, shall first certify to such legislative authority the 
 amount that will be necessary for such purpose. [See § 62, 
 item 29. 
 
 247. Water fund tax.^ § 2. The legislative authority of any 
 
 such city which now has or which may hereafter have established 
 water works, for the supply of water to the inhabitants thereof, 
 shall have power to annually levy and collect a tax upon the tax- 
 able real and personal estate of any such city, not to exceed one 
 mill on the dollar, for the extension of water mains or pipes 
 therein and the maintenance of such water works, which tax shall 
 be known as “The Water Fund Tax,” and shall be levied and col- 
 lected in the same manner that other general taxes of any such 
 city are levied and collected: Provided., however., that the board 
 
 of public works of such city, if any, or the head of the water de- 
 partment of such city, shall first certify to such legislative author- 
 ity the amount that will be necessary for such purposes, and shall 
 further certify that the revenue or income from such water works 
 will be insufficient therefor. 
 
 [248. Emergency clause — omitted.] 
 
124 
 
 :\tISCELLAXEOUS STATUTES. 
 
 ASSESSMENT AND COLLECTION OF MUNICIPAL 
 
 TAXES. 
 
 AN ACT in regard to aHscesmeut and collection of municipal taxes. Approved May 23, 
 1877. In force July 1, 1877. L. 1877, p. 61. 
 
 Section 1. How may be assessed and collected. 
 
 249. Hov:) may be assessed and collected.^ § 1. Be it enacted 
 by the People of the State (f Illinois represented in the General 
 Assemblip That all cities, villages, and incorporated towns, in this 
 State, whether organized under the general law or special charters, 
 shall assess and collect their taxes, in the manner provided for in 
 article eight (8) of the act entitled, “An act to provide for the in- 
 coiporation of cities and villages,” approved April 10, 1872, and 
 in the manner provided for in the general revenue laws of this 
 State; and all acts, or parts of act, inconsistent with the provis- 
 ions of this act, are hereby repealed. 
 
 [Sections 250 to 273 omitted — the law repealed.] 
 
 SEWERAGE. 
 
 AN ACT to enable cities, towns and villages to contract with each other for sewerage. 
 
 Approved .May 14, 1879. In force July 1, 1879. L. 1879, p. 75. 
 
 Section. Section. 
 
 1. May contract for sewerage, etc. i 2. How contract made. 
 
 274. May contract for seiceraye., etc.^ § 1. Be it enacted by 
 the People of the State of Illinois represented in the General ^Is- 
 sembbp That whenever any city or incorporated town or village, 
 shall be adjacent or contiguous to any other city or incorporated 
 town or village, they shall be authorized to contract with each 
 other upon such terms as may be agreed upon between them, to 
 allow and permit the one the use and benefit of any sewer or 
 drain, or of any system of sewerage or drainage, heretofore con- 
 structed, or which may be hereafter constructed by the other, 
 and further, that any such sewer or drain or system of sewer- 
 age or drainage constructed or which may hereafter be con- 
 structed by the one, may be extended or furnished to the 
 inhaliitants of the other, and they may liy contract with each 
 other provide for the joint construction of any sewer or drain 
 by the municipalities so contracting, and for the common use 
 thereof by the inhabitants of such municipalities. 
 
AtlSCELLANEOlfS STATUTES. 
 
 125 
 
 275. Hov^ contract made. ^ § 2. The contract contemplated in 
 section one of this act may be made by ordinance or resolution 
 duly enacted or passed by the Common Council, Board of Trustees, 
 or other proper legislative authority of the city, or incorporated 
 town or village proposing such contract, and ratified or assented to 
 by ordinance or resolution duly enacted or passed by the Common 
 Council, Board of Trustees, or other proper legislative authority 
 of the city or incorporated town or village confirming or agreeing 
 to such contract, and every such contract, when ratified or con- 
 firmed by the proper corporate authorities of the municipal cor- 
 porations who are parties thereto, shall be in all respects valid 
 and bindino;. 
 
 SIDEWALKS. 
 
 AN ACT to provide additional means for the construction of sidewalks in cities, towns 
 and villages. Approved April 15, 1875. In force July 1, 1875. L. 187.5, p. t>3. 
 
 Section. Section. 
 
 1. Sidewalks by taxation. 5 . General officer to obtain judgment— by 
 
 2. What ordinance may provide. what law governed. 
 
 3. In case of default to construct side- 6. When constructed by owner, may ob- 
 
 walk. I tain order. 
 
 4. Special tax— duty of Clerk — report. 1 
 
 276. Sideicalks hy taxation^ § 1. Be it enacted by the Peo- 
 ple of the State of Illinois., rep>resented in the General Assembly, 
 That in addition to the mode now authorized by law, any city or 
 incorporated town or village, may by ordinance provide for the 
 construction of sidewalks therein, or along or upon any street or 
 part of street therein, and may, by such ordinance, provide for the 
 payment of the whole or any part of the cost thereof by special 
 taxation of the lot, lots or parcels of land touching upon the line 
 where any such sidewalk is ordered, and such special taxation 
 may be either by a levy on any lot of the whole, or any part of 
 the cost of making any such sidewalk in front of such lot or par- 
 cel of land, or by levying the whole or any part of the cost upon 
 each of the lots or parcels of land touching upon the line of such 
 sidewalk, pro rata, upon each of said lots or parcels, according to 
 their respective values — the values to be determined by the last 
 preceding assessment thereof foV the purpose of State and county 
 taxation; or the whole or afiy part of the cost thereof may be lev- 
 ied upon such lots or parcels of land in ]5ro])ortion to their front- 
 age upon such sidewalks, or in {proportion to their su{perficial area, 
 as may be {provided by the ordinance ordering tlie laying down of 
 
126 
 
 ^VIISCET.LANEOXJS STATUTES. 
 
 such sidewalk; and in case such ordinance shall only require the 
 payment of a part of the cost of such sidewalk to be paid by a 
 special tax as aforesaid, then the residue of such cost shall be paid 
 out of any fund of such city, town or village raised by general 
 taxation upon the property thereof, and not otherwise appropri- 
 ated. 
 
 277. What ordinance may promde?[ §2. Said ordinance shall 
 define the location of such proposed sidewalk with reasonable 
 certainty, shall prescribe its width, the materials of which it 
 shall be constructed, and the manner of its construction, and may 
 provide that the materials and construction shall be under the 
 supervision of, and subject to the approval of some officer or 
 board of officers of such city, town or village, to be designated 
 in said ordinance. Said ordinance shall be published as required 
 by law for other ordinances of said city, town or village and 
 may require all owners of lots or parcels of land touching the 
 line of said proposed sidewalk, to construct a sidewalk in 
 front of their respective lots or parcels in accordance with the 
 specifications of said ordinance, within thirty days after such pub- 
 lication, and in default thereof, said material to be furnished and 
 sidewalk to be constructed by said city, town or village, and the 
 cost, or such part thereof as may be fixed in said ordinance, may 
 be collected from their respective owners of said lots or parcels 
 of land as hereinafter provided. 
 
 278. In case of default to construct sideioalh.^ § 3. In case of 
 the default of any lot owner or owners to construct the sidewalks, 
 as required by ordinance, and the same shall be constructed by 
 the city, town or village, the cost thereof, or such part of the cost 
 thereof as may have been fixed by said ordinance, may be recovered 
 of the owners so in default, by an action of debt in the name of 
 the city town or village, against such- owners respectively, in any 
 court of competent jurisdiction, or upon the completion of the 
 work by such city, town or village. Such ordinance may provide 
 that a bill of the cost of such sidewalk, showing in separate items 
 the cost of grading, materials, laying down and supervision, shall 
 be filed in the office of the Clerk of such city, town or village, cer- 
 tified to by the officer or board designated by said ordinance to 
 take charge of the construction of such sidewalk, together with a 
 list op the lots or parcels of land touching upon the line of said 
 sidewalk, the names of the owners thereof, and the frontage, super- 
 ficial area, or assessed value as aforesaid, according as said ordi- 
 nance may provide for the levy of said cost by frontage, super- 
 ficial area or assessed value; whereupon said Clerk shall proceed 
 to prepare a special tax list against said lots or parcels, and the 
 owners thereof, ascertaining by computation the amount of spe- 
 
iflSCELL ANEOliS STATUTES. 
 
 i 1 I 
 
 127 
 
 cial tax to be charged against each of said lots or parcels and the 
 owners tliereof, on account of the construction of said sidewalk, 
 according to the rule fixed for the levy of such special tax by 
 said ordinance, which special tax list shall be filed in the office of 
 said Clerk; and said Clerk shall thereupon issue warrants directed 
 to such officer as may be designated in such ordinance, for the 
 collection of the amount of special tax so ascertained and appear- 
 ing from said special tax list to be due from the respective own- 
 ers of the lots or parcels of land touching upon the line of said 
 sidewalk; and such officer shall proceed to collect such warrants 
 in the same manner as constables are authorized to collect execu- 
 tions, and make return thereof, together with the moneys col- 
 lected, to the Clerk of such city, town or village, within sixty days 
 from the date of their issue; and in case any such warrant shall 
 be returned, as to the whole or any part thereof, “no property 
 found,” other warrants may issue, and proceedings by garnish- 
 ment may be resorted to as in cases of garnishment in aid of col- 
 lection of judgments at law, and all moneys s'o collected and paid 
 over to said Clerk, shall be, by him, immediately paid over to the 
 Treasurer of said city, town or village. 
 
 279. Special tax — duty of Clerk — report^^ § 4. Upon the failure 
 to collect such special tax as heretofore provided in this act, it 
 shall be the duty of said Clerk, within such time as said ordinance 
 may provide, to make report of all such special tax, in writing, to 
 such general officer of the county as may be authorized l)y law to 
 apply for judgment against, and sell lands for taxes due the county 
 or State, of all the lots or parcels of land upon which such special 
 tax shall be so unpaid, with the names of the respective owners 
 thereof, so far as the same are known to said Clerk, and the amount 
 due and unpaid upon each tract, together with a copy of the ordi- 
 nance ordering the construction of said sidewalk, which report 
 shall be accompanied by the oath of the Clerk that the list is a 
 correct return of the lots and parcels of land on which the special 
 tax levied by authority of said city, town or village, for the cost 
 or partial cost (as the case may be) of the sidewalk in said ordi- 
 nance specified, remains due and unpaid, and that the amounts 
 thei ein stated as due and unpaid have not been collected, nor any 
 part thereof. Said reports, when so made, shall be prima facie 
 evidence that all the forms and requirements of the law in rela- 
 tion to making such return have been complied with, and that the 
 special tax as mentioned in said report, is due and unpaid. 
 
 280. General officer to obtain judqmeyit—by what law qoverned.\ 
 § 5. When said general officer shall receive the aforesaid i-e- 
 port, he shall at once ])roceed to obtain judgment against said lots 
 or parcels of land for said special tax remaining due and unpaid. 
 
128 
 
 mtscet.i.a^teous statutes. 
 
 in the same manner as may be provided by law for obtaining 
 judgment against lands for taxes due and unpaid the county and 
 State, and shall in the same manner proceed to sell the same for 
 the said special tax due and unpaid. In obtaining said judgment 
 and making said sale, the said officer shall be governed by the 
 general revenue laws of this State, except when otherwise pro- 
 vided herein, and said general laws shall also be applicable to 
 the execution of certificates of sale, and deeds tliereon, and the 
 force and effect of such sales and deeds; and all other laws in re- 
 lation to the enforcement and collection of taxes, and redemption 
 from tax sales, shall be applicable to proceedings to collect such 
 special tax, except as herein otherwise provided. 
 
 281. When constructed by oicnei\ may .obtain order ^ § 6. 
 
 Whenever payment of the costs of any such sidewalk is required 
 to be made in part by special tax, and in jDart out of the general 
 fund of such city, town or village, and the owner of any such lot or 
 parcel of land shall construct such sidewalk in accordance with 
 the ordinance providing for its construction, such owner shall file 
 with the Clerk of such city, town or village, an itemized state- 
 ment of the cost of such sidewalk so constructed by him, verified 
 by affidavit, together with a certificate of the officer or board di- 
 rected by such ordinance to superintend the construction thereof, 
 that such sidewalk has been constructed and fully completed by 
 such owner in accordance with such ordinance, and the Council 
 of such city, town or village shall thereupon, at its first meeting 
 thereafter, allow and order to be issued to such owner an order on 
 the Treasurer of such city, town or village, for the cost of the con- 
 struction of such sidew^alk, less the amount of special tax charge- 
 able to the lot or parcel of land of such owner on the line of 
 which such sidewalk has been so constructed. 
 
M I S ( ’ E L I. A N K O i: S S r A T U T E S . 
 
 129 
 
 TO WN ST 1 1 P OliG A N 1 ZA'HON . 
 
 AN ACT to authorize county hoards in counties under township organization to organize 
 certain territory situated therein as a town. Ap])roved May ^3, 1877. In force July 
 1, 1877. L. 1877, p. 212. 
 
 ORGANIZATION OF TOWNS BY COUNTY BOARDS. 
 
 Section. 
 
 1. Territory in city organized as town. 
 
 2. Town in city. 
 
 :I. Election of officers. 
 
 4. Powers exercised by Council. 
 
 Seetion. 
 
 ' 5. What City Council may provide. 
 
 ' 6. May regulate the number of Justices. 
 { 7. Vacancies. 
 
 282. Territory of city organized as. tovm.\ § L. Be it enacted 
 by the People of the State of Illinois^ re^jresented in the General 
 Assembly^ That the county board, in any county under township 
 organization, may provide that the territoVy embraced within any 
 city in such county shall be organized as a town: Provided^ such 
 territory shall have a population of not less than three thousand. 
 And prodded^ The City Council in such city shall by resolution 
 request such action by the county board. 
 
 283. Town in city?^ § 2. The territory of any city now organ- 
 ized, within the limits of any county under township organization, 
 and not situated within any town, shall be deemed to be a town. 
 
 284. Election of oficers,\ § 3. All town officers within any town 
 organized as aforesaid shall be elected at- the annual charter elec- 
 tion of such city. All general elections held in such city and 
 town shall be held at the same voting places as the city elections, 
 with judges and clerks appointed in like manner as for the city 
 elections. 
 
 285. What powers .exercised by Council. \ § 4. The powers 
 
 vested in such towns shall be exercised by the City Council. 
 
 286. What City Council may 2 ^r ovule. \ §5. The City Council 
 in such city and town may by ordinance provide that the offices of 
 City and Town Clerk shall be united in the same person; that the 
 election of TIighway Commissioners shall be discontinued; that 
 the offices of Supervisor and Poormaster shall be separated, and 
 the Poormaster appointed by the City Council. 
 
 287. Afay regulate the number of Justices.^ § 6. The City 
 Council in such city and town may from time to time regulate the 
 number of Justices of the Peace, Police Magistrates and Consta- 
 bles to be elected within such city and town; l)ut the number 
 elected to either of such offices shall not exceed the number 
 allowed by law to other towns of like population. 
 
 288. Va<xmcies.^^ § 7. Vacancies in any of the town offices 
 within such citv and town may be filed by the Citv Council. 
 
 9 
 
130 
 
 MIS C E L L A N E O U S ST A T U T E S 
 
 SUITS— HOW BROUGHT 
 
 AN ACT entitled “An act in regard to suits by incorporated cities and villages, and to 
 enforce penalties and recover fines for violating the ordinances thereof.” Approved 
 ISIay 81, 1879. In force July 1, 1879. L. 1879, p. 79. 
 
 289. jSuUs — how brought^ § 1. Be it enacted by the 
 
 People of the State of Illinois represented in the General Assem- 
 bly^ That all actions to recover any fine, or to enforce any pen- 
 alty, under any ordinance of any city or village in this State, 
 shall be brought in the* corporate name of the city or village, as 
 plaintiff, and no prosecution, recovery or acquittal for the viola- 
 tion of any such ordinance shall constitute a defense to any other 
 prosecution of the same' party, for aii}’^ other violation of any such 
 ordinance, although the different causes of action existed at the 
 same time, and, if united, would not have exceeded the jurisdic- 
 of the court or maoustrate. 
 
 PUNISHMENT OF PERSONS VIOLATING ORDINANCES. 
 
 AN ACT to provide for the punishment of persons violating any of the ordinances of the 
 several cities and villages in this State. Approved and in force April 12, 1879. L. 
 1879, p. 70. 
 
 290. Arrest — imprisonment — icork-hoxise?\^ § 1. Be it en- 
 acted by the People of the State of Illinois represented in the 
 Genercd Assembly^ That in all actions for the violation of any 
 ordinance of any city or village organized under any general or 
 special law of this State, the first process shall be a summons; 
 Provided^ however^ that a warrant for the arrest of the offender 
 may issue in the first instance, upon the affidavit of any person 
 that any such ordinance has been violated, and that the person 
 making the complaint has reasonable grounds to believe the party 
 charged is guilt}" thereof; and any person arrested upon such war- 
 rant, shall, without unnecessary delay, be taken before the 
 proper officer, to be tried for the alleged offense. Any person 
 upon whom any fine or penalty shall be imposed may, upon the 
 oi'der of the court or magistrate before whom the conviction is 
 had, be committed to the county jail or the calaboose, city prison, 
 work- house, house of correction, or other places provided by such 
 
 Section 1. Suits— bow brought, etc. 
 
 Section. 
 
 1. Arrest— punishment. 
 
 Section. 
 
 I 2. Repeal. 
 
:\r I s r E 1. 1. A N E o u s statutes. 
 
 131 
 
 cities or villages l)y ordinance for the incarceration of such offend- 
 ers until such fine, penalty and cost shall be fully paid: Provided^ 
 that no such imprisonment shall exceed six months for any one 
 offense. The City Council or Board of Trustees of any such cities 
 or villages shall have power to provide by ordinance that every 
 person so committed shall be required to work at such labor as 
 his or her strength will permit, within and without such prison, 
 work-house, house of correction or othe place provided for the in- 
 carceration of such offenders, not to exceed ten hours each work- 
 ing day; and for such work the person so employed, or worked, 
 shall be allowed, exclusive of his or her board, the sum of fifty 
 cents for each day’s work on account of such fine and costs. 
 
 '^91. Repeal^ § 2. All acts and parts of acts inconsistent 
 with the foregoing section are hereby repealed. 
 
 [Emergency clause — omitted.] 
 
 ELECTIONS. 
 
 AN ACT to provide for the time of opening and closing the polls during elections of 
 cities, towns and villages in this State. Approved May 29, 1879. In force July 1, 1879. 
 L. 1879, p. 70. 
 
 Section 1. Time of opening and closing polls. 
 
 292. Time of opening and closing polls. ^ § 1. Re it enacted 
 
 by the People of the State of Illinois., rejyresented in the General 
 Assembly., That in all city, town or village elections, in this State, 
 the polls shall remain open from eight (8) o’clock a. m., until 
 seven (7) o’clock p. m., any law in any special charter to the con- 
 trary notwithstanding. 
 
 ISSUING WARRANTS. 
 
 AN ACT to provide for the manner of issuing warrants upon the Treasurer of any county, 
 township Mty, school district or other municipal cori)oration, and jurors’ certificates. 
 Approved May, 31, 1879. In force July 1, 1879. L. 1879, p. 78. 
 
 Section. Section. 
 
 1. When warrants may be drawn. 3. Jurors’ certificates. 
 
 2. Issued in anticipation of taxes. 
 
 293. When vKirrayits may be dravmf\ § ]. Be it enacted 
 by the People of the State <f Illinois., represented hi the Gemeral 
 Assembly., That warrants payable on demand, shall hereafter be 
 
182 
 
 M I S C E I. T. A X E O U S STATUTES. 
 
 drawn and issued upon the Treasurer of this State or of any 
 county, township, city, school district or other municipal corpora- 
 tion, or against any fund in his hands, only when at the time of 
 the drawing and issuing of such warrants, there shall be sufficient 
 money in the appropriate fund in the Treasury to pay said war- 
 rants. 
 
 294. Issued in anticiiyation of taxes^ §2. That whenever there 
 is no money in the Treasury of any county, township, city, school 
 district or other municipal corporation to meet and defray the or- 
 dinary and necessary expenses thereof, it shall be lawful for the 
 proper authorities of any county, township, city, school district or 
 other municipal corporation, to provide that warrants may be 
 drawn and issued, against and in anticipation of the collection of 
 any taxes, already levied by said authorities for the payment of 
 the ordinary and necessary expenses of any such municipal cor- 
 poration, to the extent of seventy-five per centum of the total 
 amount of any said tax levy: Provided^ that warrants drawn and 
 issued under the provisioiis of this section, shall show upon their 
 face that they are payable solely from said taxes when collected, 
 and not otherwise, and shall be received by any collector of taxes 
 in payment of the taxes against which they are issued, and which 
 taxes, against which said warrants are drawn, shall be set apart 
 and held for their payment. 
 
 295. Jurods certificates. \ § 3. All jurors’ certificates shall 
 
 hereafter be issued in conformity and with the provisions of this 
 
 AN ACT providing for labor on the streets and alleys of all cities and villages in this 
 State. Approved May 31, 1879. In force July 1, 1879. L. 1879, p. 79. 
 
 29G. Lahor on streets., etc.^ § 1. Be it enacted hy the Peo- 
 ple of the iState of Illinois represented in the General Assembly., 
 That the City Council in all cities and the President and Board 
 of Trustees in all villages in this State, may have power, by ordi- 
 nance, to ret^uire every able-bodied male inhabitant of any such 
 city or village, above the age of twenty-one years, and under the 
 age of fifty years (excepting paupers, idiots, lunatics, and such 
 others as are exempt bv law), to labor on the streets and alleys of 
 any such city or village, not more than two (2) days in each year; 
 
 act. 
 
 LABOR ON STREETS 
 
 Section. 
 
 1. Lahor on streets, etc. 
 
 Section. 
 
 'Z. Fines and penalties. 
 
.M I S C E L 1. A N E O U S !S T A T U r E S . 
 
 133 
 
 but such ordinance shall provide for commutation of such labor 
 at seventy-five cents per day. 
 
 297. F'hies a) id penalties.^ § 2. Any such City Council or 
 President and Board of Trustees of any such village shall have 
 power, by ordinance, to provide such fines and penalties as may 
 be necessary to enforce the provisions of this act. 
 
 RATE OF TAXATION. 
 
 AN ACT iu relatiou to the rate of taxation iu cities, villages aud incorporated towns. 
 
 Approved May 30, 1881. In force May 30, 1881. 
 
 Section. \ Section. 
 
 1. Remits additional levy of 1 per cent. 3. Former levies confirmed and legalized, 
 for school purposes— how collected. 
 
 298. Keniits additional levy of 1 per cent, for school purposes — 
 hov) collected.^ 1. \Be it enacted by the People of the State of 
 Illinois represented in the General Asseinhly.., That all cities, vil- 
 lages and incorporated towns in this State not now having, by their 
 respective charters, the power to levy and collect as high a rate of 
 taxation as is herein authorized and provided for, shall hereafter 
 have power to assess, levy and collect annually upon the taxable 
 property within their respective limits, for all corporate purposes, 
 in addition to all taxes which any such city, town or village may 
 now or hereafter be authorized by law to levy and collect to sup- 
 port and maintain schools, erect school buildings and for all other 
 school purposes, and to pay interest on its registered bonded in- 
 debtedness, such an amount as their respective corporate authori- 
 ties may prescribe not exceeding in any year the rate of one per 
 cent, of the assessed valuation of such taxable property as equal- 
 ized by the State Board of Equalization for the preceding year. 
 And the said rate authorized by this act shall be in lieu of all rates 
 and items of taxation now provided and authorized in such char- 
 ters, for all purposes other than for schools, the erection of school 
 buildings, and all other school purposes, and for paying interest 
 on the registered bonded indebtedness of such city, town or vil- 
 lage. 
 
 299. Former levies cotifirmed and legalized.^ § 2. Every 
 tax levy made for lawful corporate purpose by any city, village or 
 incorporated town, within this State, in the year 1880 up to the 
 rate of taxation above authorized, is hereby ratified, authorized, 
 legalized and confirmed to the same effect in all respects as though 
 such levy had been made subsequent to the going in to effect of 
 this act. 
 
134 
 
 M I S G E J. L A N E U U S S T A T G' T E S . 
 
 LIBRARIES. 
 
 OF CITIES, VILLAGES, TOWNS AND TOWNSHIPS. 
 
 AN ACT to authorize cities, incorporated towns and townships to establish and main- 
 tain free public libraries and reading-rooms. Approved and in force March 7, 1872. 
 L. 1871-2, p. 609. 
 
 Section. 
 
 1. Establishment by city— tax — fund. 
 
 2. Appointment of directors. 
 
 3. Term of office — removal. 
 
 4. Vacancies— compensation. 
 
 5. Organization — powers of directors — 
 
 funds. 
 
 6. Who may use library. 
 
 7. Report of directors. 
 
 8. Council may fix penalties. 
 
 Section. 
 
 9. Donations. 
 
 10. Powers of villages, towns and town- 
 
 ships. 
 
 11. Directors in villages, towns and town- 
 
 ships. 
 
 12. Library associations may sell, etc., to 
 
 public library— meeting — notice. 
 
 13. Vote— manner of making conveyance, 
 
 etc. 
 
 300. M stahlisliment hy city — tax-fund^ § 1. Be it enacted 
 by the People of the State of Illinois., represented in the Gen- 
 eral Assembly., That the City Council of each incorporated city 
 shall have power to establish and maintain a public library and 
 reading-room for the use and benefit of the inhabitants of such 
 city, and may levy a tax of not to exceed one mill on the dollar, 
 annually, and in cities of over one hundred thousand inhabitants, 
 not to exceed one-fifth of a mill on the dollar annually, on all 
 the taxable property in the city, except for the years A. D. 
 eighteen hundred and eighty-one and eighteen hundred and 
 eighty-two, respectively, in cities of over one hundred thou- 
 sand inhabitants, the said tax may be one-half of a mill on the 
 dollar, such tax to be levied and collected in like manner 
 with the general taxes of said city, and to be known as the 
 “library fund;” and the said annual library tax in cities of over 
 one hundred thousand inhabitants for the years A. D. eighteen 
 hundred and eighty-one and eighteen hundred and eighty-two 
 shall not be included in the aggregate amount of taxes as 
 limited by section one, of article eight of “An act for the in- 
 corporation of cities and villages,” approved April ten, eighteen 
 hundred and seventy-two, but for years other than the years A. 
 D. eighteen hundred and eighty-one and eighteen hundred and 
 eighty-two, the said library tax shall be included in the said aggre- 
 gate amount of taxes so limited by said section one. [As amend- 
 ed by act approved and in force March 24, 1881. L. 1881, p. 3. 
 
 301. Pirectors.^ § 2. When any City Council shall have de- 
 cided to establish and maintain a public library and reading-room 
 under this act, the Mayor of such city shall, with the approval of 
 
t 
 
 MISCELLANEOUS STATUTES. lo5 
 
 the City Council, proceed to appoint a board of nine directors for 
 the same, chosen from the citizens at large with reference to their 
 fitness for such office; and not more than one member of the City 
 Council shall be at any time a member of said board. 
 
 302. Term of office — removal.^ § 3. Said directors shall hold 
 office one-third for one year, one-third for two years, and one-third 
 for three years, from the first of July following their appointment, 
 and at their first regular meeting shall cast lots for the respective 
 terms; and annually thereafter the Mayor shall, before the first of 
 July of each year, appoint as before three directors, to take the 
 place of retiring directors, who shall hold office for three years, 
 and until their successors are appointed. The Mayor may, by 
 and with the consent of the Ciy Council, remove any director 
 for misconduct or neglect of duty. 
 
 303. Vacancies — compensation.\ § J. Vacancies in the board 
 of directors, occasioned by removals, resignation, or otherwise, 
 shall be reported to the City Council, and be filled in like man- 
 ner as original appointments, and no director shall receive com- 
 pensation as such. 
 
 304. Orga7iizatio)i — poicers of directors— ftincls. § 5. Said 
 directors shall, immediately after appointment, meet and organ- 
 ize by the election of one of their number president, and by the 
 election of such other officers as they may deem necessary. They 
 shall make and adopt such by-laws, rules and regulations for their 
 own guidance and for the government of the library and reading- 
 room as may be expedient, not inconsistent with this act. They 
 shall have the exclusive control of the expenditure of all moneys 
 collected to the credit of the library fund, and of the construc- 
 tion of any library building, and of the supervision, care and 
 custody of the grounds, rooms or buildings constructed, leased, ^ 
 or set apart for that purpose: Prorided^ that all moneys received 
 for such library shall be deposited in the treasury of said city to 
 the credit of the library fund, and shall be kept separate and 
 apart from other moneys of such city, and drawn upon by the 
 proper officers of said city, upon the proper authenticated vouch- 
 ers of the library board. Said board shall have power to purchase 
 
 or lease grounds to occupy, lease or erect an appropriate building 
 or buildings for the use of said library; shall have power to ap- 
 point a suitable librarian and necessay assistants, and fix their 
 compensation, and shall also have power to remove such appoin- 
 tees; and shall, in general, carry out the spirit and intent of this 
 act, in establishing and maintaining a public library and reading- 
 room. 
 
 305. Vfho may use library § 6 . Every library and reading- 
 room, established under this act, shall be forever free to the use 
 
lo(» MI8CEJ.i,A> KUUS STATUTES. 
 
 of the inhabitants of the city where located, always subject to 
 such reasonable rules and regulations as the library board may 
 adopt, in order to render the use of said library and reading-room 
 of the greatest benefit to the greatest number; and said board 
 may exclude from the use of said library and reading-room any 
 and all persons who shall willfully violate such rules. And said 
 board may extend the privileges and use of such library and 
 reading-room to persons residing outside of such city in this 
 State, upon such terms and conditions as said board may from 
 time to time by its regulations prescribe. 
 
 306. Report of dlrectors?\ ^ 7. The said board of directors 
 shall make, on or before the second Monday in June, an annual 
 report to the City Council, stating the condition of their trust on 
 the first day of June of that year, the various sums of money re- 
 ceived from the library fund and from other sources, and how 
 such moneys have been expended, and for what purposes; the 
 number of books and periodicals on hand, the number added by 
 purchase, gift or otherwise, during the year; the number lost or 
 missing; the number of visitors attending; the number of books 
 loaned out, and the general character and kind of such books; with 
 such other statistics, information and suggestions as they may 
 deem of general interest. All such portions of said report as re- 
 late to the receipt and expenditure of money, as well as the num- 
 l)er of books on hand, books lost or missing, and books purchased, 
 shall be verified by affidavit. 
 
 307. Penalties.^ § 8. The City Council of said city shall 
 have power to pass ordinances imposing suitable penalties for the 
 punishment of persons committing injury upon such library or 
 the grounds or other property thereof, and for injury to or failure 
 to return any book belonging to such library. 
 
 308. Donations.^ § 9. Any' person desiring to make dona- 
 tions of money, personal property" or real estate for the benefit of 
 such library, shall have the right to vest the title to the money or 
 real estate so donated in the board of directors created under this 
 act, to be held and controlled by such board, when accepted, 
 according to the terms of the deed, gift, devise or bequest of such 
 property; and as to such property the said board shall be held and 
 considered to be special trustees. 
 
 309. Powers of milages^ towns^ and townships § 10. When 
 fifty legal voters of any incorporated town, village or township 
 shall present a petition to the Clerk of the town, village or town- 
 ship (or trustee of schools in counties not under township organi- 
 zation), asking that an annual tax may be levied for the estab- 
 lishment and maintenance of a free public library in such town 
 or township, and shall specify, in their petition, a rate of taxation 
 
.M I S ( ' E 1. 1> A N E U U 8 S T A T U T E S . 
 
 not to exceed two mills on the dollar, such Clerk (or trustee of 
 schools in counties not under township organization) shall, in the 
 next legal notice of the regular annual election in such town or 
 township, give notice that at such election every elector may vote 
 “For a . . . . mill tax for a free public li))rary,” or “Against a . . . . 
 mill tax for a free public library,” specifying in such notice the 
 rate of taxation mentioned in said petition; and if the majority of 
 all the votes cast in such town, village or township shall be “For 
 the tax for a free public library,” the tax specified in sucli notice 
 shall be levied and collected in like manner with other general 
 taxes of said town or township, and shall be known as the “Li- 
 l)rary Fund”: Promded^ that such tax shall cease in case the 
 legal voters of any such town, village or township shall so deter- 
 mine by a majority vote, at any annual election held therein; and 
 the corporate authorities of such towns or villages may exercise 
 the same powers conferred upon the corporate authorities of cities 
 under this act. 
 
 310. Directors itt milages^ etc.^ § next regular 
 
 election after any town, village or township shall have voted to 
 establish a free public library, there shall be elected a library 
 board of six directors, one-third for one year, one-third for two 
 years, and one-third for three years, and annually thereafter there 
 shall be elected two directors, who shall hold their office for three 
 years and until their succesors ai(‘ elected and qualified; which 
 board shall have the same powers as are by this act conferred 
 upon the board of directors of free public lil)raries in cities. 
 
 AN ACT to enable library aeeociations to sell and transfer their real and personal prop- 
 erty. Approved March 24, 1874. In force July 1, 1874. 
 
 311. lAhrary associations may sell^ etc.^ to public libraries — 
 
 meeting — notice?^ § 1. De it enacted by the People of the State 
 of Illinois represented hi the General Assembly^ That whenever 
 any library association organized under any law of this State, and 
 owning any real or personal property in this State, shall desire to 
 sell or lease the same, or any part thereof, absolutely or with con- 
 ditions, to the board of directors of any free public library, organ- 
 ized under the laws of this State, such sale or lease may be made 
 in the manner following, viz: The directors of such association 
 
 shall call a meeting of all the members, subscribers or stockhold- 
 ers thereof, to be held at the rooms of said library or office of the 
 secretary of such association, written or printed notice of the 
 time, place and object of such meeting, and of the terms and con- 
 ditions of the proposed sale or lease being first mailed, at least 
 thirty (30) days prior to the time of such meeting, to the address 
 of each member, subscriber or stockholder whose place of resi- 
 
138 
 
 MISCELLANEOUS STATUTES. 
 
 deuce is known to any of the officers or directors of such associa- 
 tion, and by publishing such notice for at least thirty (30) consec- 
 utive days next preceding the time of such meeting, in some 
 newspaper published and of general circulation in the county 
 where the property of said association is situate. 
 
 312. T"ott — manner of making cow^eyance. etc. ^ § 2. If the 
 members, subscribers or stockholders representing the majority in 
 amount of the stock of such association, shall vote, at such meet- 
 ing, in favor of such sale or lease upon the terms or conditions 
 specified in such notice, or, in case said association shall consist 
 of two or more departments, if a majority of the members, sub- 
 scribers or stockholders of each department shall vote at such 
 meeting in favor of such sale or lease so specified, then the presi- 
 dent and secretary shall cause a record of the proceedings of such 
 meeting, verified by the oath of the president thereof, together 
 with an affidavit of the service or publication of notice as herein 
 i-equired, to be filed in the office of the Clerk of the Circuit court 
 of the county where the property of such association is situate; 
 after which the president and secretary of said association shall 
 be and are hereby authorized and empowered to execute any and 
 all necessary deeds, leases, bills of sale, or other instruments in 
 writing, to carry out the object and intent of said vote; which, 
 when duly executed, shall be sufficient to pass to the board of di- 
 rectors of such free public library all the legal and equitable title 
 of said associations in and to the real or personal property in said 
 instrument described as therein set forth. 
 
 EVIDE^X^E. 
 
 Extract from Chapter LI., eutitled “Evidence aud Depositions.” Revised Statutes 1874. 
 
 Records, etc , of cities, etc. — how certified. 
 
 314. Iiecords, etc.., of cities, etc. — hoic certified^ § 14. The 
 papers, entries, records and ordinances, or parts thereof, of any 
 city, village, town or county, may be proved by a copy thereof, 
 certified under the hand of the clerk or keeper thereof, and the 
 corporate seal, if there be any; if not, under his hand and private 
 seal. 
 
ir I S C E 1. L A X E U U S S T A T U T E S . 
 
 139 
 
 VACATION OF STREETS, ALLEYS, 
 
 Chapter CXLV., Revised Statutes, 1874. An Act in relation to the vacation of streets 
 and alleys. Approved March 24, 1874. In force July 1, 1874. 
 
 flection. I Section. 
 
 1. Three-fourths vote required— damages. I 2. Rights of adjoining owners. 
 
 315. Three-fourths vote required — damages.] § 1. Me it en- 
 acted by the People of the /State of Illinois., represented in the 
 General Assembly., That no City Council of any city, or Board 
 of Trustees of any village or town, whether incorporated by 
 special act or under any general law, shall have power to vacate 
 or close any street or alley, or any portion of the same, except 
 upon a three-fourths majority of all the Aldermen of the city 
 or Trustees of the village or town authorized by law to be 
 elected, such vote to be taken by ayes and noes, and entered on 
 the records of the council or board. And when property is dam- 
 aged by the vacation or closing of any street or alley, the same 
 shall be ascertained and paid as provided by law. 
 
 316. Mights of adjoining oioners.] § 2. When any street, 
 alley, lane or highway, or any part thereof, has been or shall 
 be vacated under or by virtue of any act of this State or by 
 order of the City Council of any city, or Trustees of any village 
 or town, or by the commissioners of highways, county board or 
 other authority authorized to vacate the same, the lot or tract 
 of land immediately adjoining on either side shall extend to 
 the central line of such street, alley, lane or highway or part 
 thereof so vacated, unless otherwise specially provided in the 
 act, ordinance or order vacating the same, unless, in consequence 
 of more of the land for such street, alley, lane or highway having 
 been contributed from the land on one side thereof than the 
 other, such division is inequitable, in which case the street, alley, 
 lane or highway so vacated shall be divided according to the 
 equities of the adjoining owners. 
 
14U 
 
 MISCELLANEOUS STATUTES. 
 
 PLATS. 
 
 AN ACT lu revise the law iu relation to plate. Approved March 21, 1874. In force July 
 1, 1874. t:hapter CIX. Revised Statutes 1874. 
 
 Section. Section. 
 
 1. Laying out lowug, etc. 
 
 7. 
 
 Of vacation of part of plat. 
 
 2. Certificate of purveyor — ackuowledg 
 
 8. 
 
 Cancelling plat of record. 
 
 raeut— record. 
 
 9. 
 
 Plats of highways, etc., to be made 
 
 3. Dedication— effect of 
 
 
 and recorded. 
 
 4. Neglect to plant corner stone, etc. 
 
 10. 
 
 Prosecuting offenders. 
 
 5. Penalty for selling without plat re- 
 
 11. 
 
 Plate in proceedings in courts. 
 
 corded, etc. 
 
 12. 
 
 Effect of euch maps. 
 
 t). Of vacation of entire plat. 
 
 13. 
 
 Costs. 
 
 317. Laiflug out of toions., etc.^ 1. Be it enacted by the 
 People of the State if Illinois represented^ in the General Assem- 
 bly'. Whenever the owner of lands shall wish to subdivide the 
 same into two or more parts for the purpose of laying out a town, 
 or making an}- addition to any city, village or town, or of re-sub- 
 dividing any lots or blocks therein, he shall cause the same to be 
 surveyed and a plat thereof to be made by the county surveyor or 
 some other competent surveyor, which plat shall particularly de- 
 scribe and set forth all the streets, alleys, common or public 
 grounds, and all the in and out lots or fractional lots or blocks 
 within, adjoining or adjacent to the land so divided, giving the 
 names, widths, courses and extent of all such streets and alleys, 
 and numbering all lots and blocks by progressive numbers, giv- 
 ing their precise length and width. Reference shall also lie made 
 u]>on the plat to some known and permanent monument from 
 which future surveys may be made, or, if no such monument shall 
 exist within convenient distance, the surveyor shall, at the time 
 of making his surve}^, plant, and tix in such manner that the same 
 shall not be moved by frost, at the corner of some public 
 ground, or, if there be none, then at the corner of some lot or 
 block most convenient for reference, a good and sufficient stone, 
 to be furnished by the person for whom the survey is made, and 
 designate upon the plat the point where the same may be found. 
 
 318. Certificate of surceyor — acknowledyment — record.^ § 2. 
 The plat having been completed, shall be certified by the sur- 
 veyor and acknowledged by the owner of the land, or his attorney 
 duly authorized, in the same manner as deeds of land are required 
 to be acknowledged. The certificate of the surveyor and of 
 acknowledgment, together with the plat, shall be recorded iii the 
 recorder’s office of the county in which the land is situated, and 
 such acknowledgment and record shall have like effect, and cer- 
 
M I S C I-] T. 1. A X E O U S S T A F U T E S . 
 
 Ul 
 
 tilled copies thereof and of such plat or of any plat heretofore 
 acknowledged and certified according to law, may be used in evi- 
 dence to the same extent and with like effect, as in case of deeds. 
 
 319. Dedication — effect o/i] § 3. The acknowledgment and 
 recording of such plat shall be held in law and in equity to be a 
 conveyance in fee simple of such portions of the premises platted 
 as are marked or noted on such plat as donated or granted to the 
 public, or any person, religious society, corporation or body poli- 
 tic, and as a general warranty against the donor, his heirs and 
 representatives to such donee or grantee l*or their use or for the 
 use and purposes therein named or intended, and for no other use 
 or purpose. And the premises intended for any street, alley, 
 way, common or other public use in any city, village or town, or 
 addition thereto, shall be held in the corporate name thereof in 
 trust to and for the uses and purposes set forth or intended. 
 
 320. Neglect to plant corner stone^ etc.\ § 4. Whoever shall 
 lay out any town or make any addition to any city, village or 
 town, or re-subdivide any lots or blocks therein, and neglect to 
 plant any corner stone when required by this act, or shall survey 
 the same or cause it to be surveyed in any other manner than that 
 which is prescribed by this act, shall l)e fined in any sum not less 
 than $25 nor exceeding $100. 
 
 321. Penalty for selling without p^lat recorded^ etc?[ § 5. 
 Whoever shall sell or offer for sale, or lease for any time exceed- 
 ing fi ve years, any lot or block in any town city or village or any 
 addition thereto, or any re-subdivision of any lot or block therein, 
 before all the requisitions of this act have been complied with, 
 shall be fined $25 for each lot or block or part thereof so dis- 
 posed of, offered for sale or leased. 
 
 322. Of vacation of entire platl\ § 0. Any such plat may 
 be vacated by the owner of the premises at any time before the 
 sale of any lot therein, by a written instrument declaring the 
 same to be vacated, executed, acknowledged or proven, and re- 
 corded in like manner as deeds of land; which declaration being 
 duly recorded shall operate to destroy the force and effect of the 
 recording of the plat so vacated, and to divest all public rights in 
 the streets, alleys and public grounds, and all dedications laid out 
 or described in such plat. When lots have been sold, the plat 
 may be vacated in the manner herein provided by all the owners 
 ol lots in such plat joining in the execution of such writing. 
 
 323. (ff vacation of part (f plat?[ § 7. Any part of a plat 
 
 may be vacated in the manner provided in the preceding section, 
 and subject to the conditions therein prescribed: Provided^ such 
 vacation shall not abridge oi’ destiov any of the rights or privi- 
 leges of other proprietors in such plat: Amf provided^ farther^ 
 
I S C E L L A X E O r S STATUTES. 
 
 U'2 
 
 that nothing contained in this section shall authorize the closing 
 or obstructing of any public highway laid out according to law. 
 
 0*24. Canceling plat of recordf § 8. When any plat or part 
 thereof is vacated, the recorder in whose office the plat is recorded 
 shall, upon the recording of such vacation, write in plain letters 
 across the plat or part so vacated the word “vacated,” and shall 
 also make a reference on the same to the volume and page in 
 which the instrument of vacation is recorded. 
 
 325. Plats of higlucays^ etc.^ to he made and recorded.^ § 0. 
 Whenever any highway, road, street, alley, public ground, toll- 
 I'oad, railroad or canal is laid out, located opened, widened or ex- 
 tended, or the location thereof altered, it shall be the duty of the 
 commissioners, authorities, officers, persons or corporations, pub- 
 lic or private, laying out, locating, opening, widening, extending 
 or altering the same, to cause a plat thereof, showing the width, 
 courses and extent thereof, and making such reference to known 
 and established corners or monuments, that the location thereof 
 may be ascertained, to be made and recorded in the office of the 
 recorder of the county in which the premises taken or used for 
 the same, or any part thereof, are situated, within six months after 
 such highway, road, street, alley, public ground, toll-road, railroad 
 or canal is laid out, located, opened, widened or extended, or the 
 location thereof altered; and when any highway, road, street, alley, 
 public ground, toll-road, railroad or canal is vacated, the order, 
 ordinance or other declaration, vacating the same shall be in like 
 manner recorded. This act shall not be construed to alter or 
 affect any law specifically providing for the recording of any such 
 plat, or to require the same to be recorded sooner than is so spe- 
 cifically provided; except that any requirements to record such 
 plat in any other place than is provided herein shall not excuse 
 the parties from complying with this act. Whoever shall refuse 
 or neglect to comply with this section shall forfeit 825, and the 
 like sum for every month he shall continue in such refusal or neg- 
 lect after conviction therefor, to be recovered before any Justice 
 of the Peace of the county, in the name of the county, one-half 
 to the use of the count}' and the other half to the use of the per- 
 son complaining. 
 
 326. Prosecuting offenders.^ § 10. Whenever it shall come 
 to the knowledge of the recorder of deeds of any county that any 
 of the provisions of this act have been violated, it shall be his 
 duty to notify the State’s Attorney of the fact, and the State’s 
 Attorney shall immediately institute suit, and prosecute the same 
 to final judgment against the person offending. 
 
M I S C E L I. A N E O U 8 STATUTES. 
 
 143 
 
 •AN ACT to authorize courts of record, in certain cases, to order lands to be subdivided 
 and platted. Approved March 18, 1874. In force July 1, 1874. 
 
 327. Plats hi proceedings hi court. ^ §1. Be it enacted hy the 
 People of the State of Illinois^ represented in the General As- 
 sembly., That in any proceeding in any court of record in this 
 State, by executors or administrators, for the sale of lands of de- 
 ceased persons, or by guardians, for the sale of lands of their 
 wards, or for partition of lands, when such lands are to be sold in 
 parcels, or actual partition thereof shall be made, it shall be com- 
 petent for the court to order such executor or administrator, guar- 
 dian, master in chancery, special commissioner, or other officer or 
 person authorized to sell the lands in question in any such proceed- 
 ing, or commissioners authorized to make partition of such lands, 
 to cause such lands to be surveyed and subdivided, and a map or 
 plat of the same to be made, showing the lots or parcels of such 
 subdivision or partition designated by numbers or letters; which 
 map or plat shall be acknowledged by the person or persons so 
 causing the same to be made, in like manner as is now required by 
 law in cases of plats or maps made by owners of land, and shall, in 
 like manner, be certified by the surveyor or engineer making the 
 same; which certificate shall contain, among other things, an accu- 
 rate and definite description of the lands so subdivided or parti- 
 tioned; and such map or plat shall be submitted to the court for 
 his approval, and if approved by the court, shall be recorded in 
 the recorder’s office of the county or counties in which the lands 
 in question in any such proceeding, are situate. 
 
 328. Effect of such § 2. Maps or plats of lands 
 
 made in conformity to the preceding section, when approved by 
 the court, shall have the like authenticity as maps or plats of lands 
 made by owners of the same, and shall be sufficient in law for all 
 purposes whatever. 
 
 329. § 3. The costs and expenses necessarily in- 
 curred in making such subdivisions of lands and maps, or plats of 
 the same, together with the cost of the record thereof, shall be 
 taxed as costs in any suit or proceeding in which the court shall 
 order the same to be made. 
 
 \ 
 
144 
 
 IIUI. KS OF TIIK 
 
 \ 
 
 RULES OF BOARD OF EDUCATION. 
 
 GEXERAI. RULES. 
 
 :)30. § 1. The members of the Board of Education shall meet 
 
 and organize each year, on the second Monday in June. 
 
 831. § 2. At the first, or some ensuing meeting soon after 
 
 the organization of the Board, the following standing committees 
 shall be appointed to-wit: First, a Committee on School Build- 
 ings and Grounds, consisting of three members. Second, a Com- 
 mittee on Text Books, Rules and Regulations, Furniture and 
 Supplies, consisting of three members and the Superintendent. 
 Third, an Auditing Committee, consisting of three members. 
 Fourth, an Examining Committee, consisting of three members of 
 the Board, and the Superintendent, two of whom must be present 
 at each examination of teachers, and three of whose names must 
 be appended to each certificate of examination. 
 
 33;^. § 3. The Board shall hold its meetings on the second 
 
 Monday in each month, unless otherwise ordered by the Board. 
 The hour for meeting shall be, from November 1 to April 1, at 7 
 o’clock p. m.; from April 1 to November 1 at 7\ o’clock p. m. A 
 special meeting may be called at any time on request of two 
 members, left with the Clerk. 
 
 333. § 4. The meetings being called to order by the presi- 
 dent, or one appointed as president tem.^ the order of business 
 shall be : — 
 
 a. Reading of the minutes of the last meeting by the Clerk. 
 
 h. Reports of committees. 
 
 c. Petitions and communications. 
 
 d. Reports and suggestions by the Superintendent. 
 
 e. Miscellaneous and unfinished business. 
 
 334. § 5. The president shall maintain order and decorum in 
 meetings, and shall decide all questions of order, subject to ap- 
 peal to the Board. 
 
 335. § G. When any member is about to speak in debate, or 
 present any matter to the Board, he shall respectfully address 
 himself to the president, and confine himself to the question of 
 debate. 
 
BOARD OF EDUCATION. 
 
 145 
 
 336. § 7. No member, while speaking, shall be interrupted 
 by another, except to call to order or correct a mistake. 
 
 337. § 8. No member shall speak more than five minutes at 
 any one time on any motion or order under discussion, nor more 
 than twice on the same question without leave first obtained from 
 the Board, nor more than once until all other members choosing 
 to speak shall have spoken. 
 
 338. § 9. All resolutions offered by members of the Board 
 shall be submitted in writing, at the request of any member. 
 
 339. § 10. The school year shall commence on the first Mon- 
 day of September each year, and close on the Friday before the 
 fourth Thursday in June, including a vacation of two weeks from 
 the Friday before Christmas, and a vacation of one week from the 
 first Monday in April of each year, unless otherwise ordered by 
 the Board. 
 
 340. § 11. The engagements of the Board with all the teach- 
 ers of the public schools shall terminate with the close of the 
 summer term of each year, and the appointments for the ensuing 
 year shall be made, so far as practicable, at the regular meeting 
 of the Board in June. 
 
 341. § 12. Each director shall constitute a local committee 
 for the ward in which he resides. 
 
 342. § 13. No bill, account, demand or claitn against the 
 Board shall be allowed, audited or paid, unless the same shall be 
 presented to and allowed by the Board: Promded^ that the regu- 
 lar salaries of officers and teachers mav be allowed by the audit- 
 ing committee upon certificate of the Superintendent that the 
 work has been performed. The auditing committee, however, 
 shall allow these bills only in case of no quorum at a regular 
 meeting. 
 
 343. § 14. The holidays shall be the National or State 
 
 Thanksgiving and fast days, the 22d of February, and Decora- 
 tion day. 
 
 DUTIES OF THE SUPERINTENDENT. 
 
 344. § 1. It shall be the duty of the Superintendent to ac- 
 
 quaint himself with whatever principles or facts may concern the 
 interests of education, and with all matters in any way pertaining 
 to the organization, discipline, and instruction of public schools, 
 to the end that all the children of this city who are instructed in 
 the public schools may obtain the best education which these 
 schools can impart. 
 
 10 
 
146 
 
 RULES OF THE 
 
 345. § 2. He shall visit all the schools as often as his duties 
 will permit, and shall pay particular attention to the classification 
 of the pupils, and shall see that the regulations of the Board are 
 faithfully carried out. 
 
 346. § 3. He shall attend all the public meetings of the 
 Board, and shall keep the Board constantly advised of the con- 
 dition of the schools and of the changes required in the same. He 
 shall, moreover, report to the Board, from time to time, such reg- 
 ulations for the government and discipline of the schools as he 
 may deem expedient, and the same may be adopted by the Board, 
 and he shall also perform such other duties as the Board may, 
 from time to time, direct. 
 
 347. § 4. The Superintendent shall carefully observe the 
 teaching and discipline of all the teachers employed in the public 
 schools, and he shall make such suggestions and give such in- 
 structions to the teachers as he shall deem best calculated to 
 increase their efficiency as instructors. He shall, moreover, re- 
 port to the Board whenever he finds a teacher deficient or incom- 
 petent in the discharge of his or her duties. 
 
 348. § 5. He shall attend and advise, when requested, with 
 any standing or special committee, in respect to the matters com- 
 mitted to them. 
 
 349. § 6. He shall hold examinations in the different schools 
 as often as practicable, and keep a record of the same; and no 
 pupil shall be transferred from one school to another without his 
 approbation. 
 
 350. § 7. In case of sickness or temporary absence of any 
 teacher, he shall be authorized to procure a proper substitute. 
 
 351. § 8. He shall prepare and certify to the monthly pay- 
 rolls of teachers and janitors. 
 
 352. § 9. It shall be his duty, upon consultation with the 
 local committees, to order and oversee such repairs and improve- 
 ments as may be necessary, from time to time, to keep all the 
 school property in good condition. 
 
 353. § 10. He shall remain in his office, or within call, on 
 Mondays, from nine to eleven o’clock a. in., during term time; 
 and on other school days, from three to four and one-half o’clock 
 p. m. 
 
 354. § 11. He shall preserve, at his office, a complete list of 
 all the portable property belonging to the several schools, and 
 during the month of June, in each year he shall cause a careful 
 comparison to be made between this list and the articles belong- 
 ing to the schools, and report the result to the Board; he shall, 
 further, see that all such property is securely stored during the 
 summer vacation. 
 
BOARJ) OF EDtJOATlOISr. 
 
 147 
 
 355. § 12. He shall annually prepare a report embracing 
 such facts and statistics in reference to the system of public 
 schools of this city as may be of interest to the community. 
 
 356. § 13. He shall keep a daily record of his proceedings, 
 which shall be open to the inspection of the Board. 
 
 TEACHERS. 
 
 357. § 1. All teachers in the public schools are required to 
 make themselves familiar with these regulations, and especially 
 with that portion that relates to their own duties, alid to the in- 
 struction and discipline of their respective schools, and to see 
 that these are faithfully observed. 
 
 358. § 2. The teachers shall punctually observe the hours 
 appointed for opening and dismissing the schools, and, during the 
 school hours, shall devote themselves exclusively to the duties of 
 their charge. 
 
 359. § 3. School Hours. — The morning session shall com- 
 mence at eight o’clock and forty-five minutes, and close at twelve. 
 The afternoon session shall commence at one o’clock and thirty 
 minutes, and close at four: Provided^ that all pupils who are 
 charged with no delinquencies may be dismissed at half past 
 three. The Friday afternoon session may be shortened half an 
 hour for teachers’ meetings. 
 
 360. § 4. The teachers shall meet once in four weeks, on 
 Friday afternoon, at half past three, or at the call of the Superin- 
 tendent, for the purpose of mutual consultation in regard to the 
 interests of the schools, modes of discipline, of imparting instruc- 
 tion, &c., &c. The session may continue two hours. A record of 
 these meetings shall be kept, which shall be open to the inspec- 
 tion of the Board. 
 
 361. § 5. All teachers are required to open and remain in 
 their room at least fifteen minutes before the time for commenc- 
 ing, morning and afternoon. They shall not permit disorder, 
 unnecessary noise, or rude conduct in their rooms at any time. 
 Teachers failing to comply with this rule shall report their tardi- 
 ness to the Superintendent, who shall keep a record of such tar- 
 diness, with the cause of same, for the inspection of the Board. 
 
 362. § 6. The principals of buildings shall be held responsi- 
 ble for the management of their respective schools. They shall 
 prescribe such rules and regulations for halls, yards and out- 
 buildings connected with the same as shall insure their being 
 
148 
 
 RULES OF THE 
 
 kept in a proper condition. The other teachers shall co-operate 
 with them, not only during school hours, but during the time 
 the pupils are on the school premises, at recess, and before and 
 after school. They shall use all reasonable efforts to prev^ent 
 pupils from gathering on the school grounds before the hours for 
 opening the school, and they shall require them to leave the 
 premises at the close of the school. 
 
 363. § ?. Teachers may visit any of the public schools of the 
 city for the purpose of observing modes of instruction and disci- 
 pline. Such visits shall not occupy more than two days in a year, 
 and one visiting day only can be taken in any term, and for this 
 purpose only one room in the same building can be dismissed at 
 the same time. 
 
 364. § 8. The teachers shall practice such discipline in their 
 schools as would be exercised by a kind, firm and judicious parent 
 in his family; and they shall resort to corporal punishment only 
 when milder means have been tried and found to fail. Each 
 teacher shall keep a list of all cases of corporal punishment in- 
 flicted by said teacher, and at the close of each month shall report 
 the same to the Superintendent, with date, name of pupil, and 
 cause of such punishment. 
 
 365. § 9. They shall open school at the appointed time, de- 
 vote themselves exclusively to their work, during school hours, 
 maintain good order, and adhere to the course of study prescribed 
 by the Board. 
 
 366. § 10. No teacher shall read or distribute any advertise- 
 ment, nor allow any advertisement to be read or distributed in 
 any school room, or upon any of the school premises. 
 
 367. § 11. Notice of the supplies or repairs required in any 
 of the school rooms should be sent, in writing, to the Superinten- 
 dent. 
 
 368. § 13. The books used and the studies pursued shall be 
 such, and only such, as may be authorized by the Board; and no 
 pupil shall be allowed to retain connection with any public school 
 unless furnished with books, slate, and other utensils required to 
 be used in the class to which he belongs: Provided^ that no pupil 
 shall be excluded for such cause unless the parent or guardian 
 shall be furnished by the teacher with a list of books or articles 
 needed, and one week shall have elapsed after such notice with- 
 out the pupil obtaining said books. 
 
 369. § 13. It shall be the duty of all teachers, from time to 
 time, to send reports to parents in such form as the Superinten- 
 dent shall direct, indicating the rank of their children in scholar- 
 ship and deportment. They shall also immediately notify parents 
 of any irregularity in attendance on the part of their children. 
 
BOARD OP" EDUCATION. 
 
 149 
 
 unless they have good reason to believe that such irregularity is 
 unavoidable and with the parents’ knowledge and consent. 
 
 370. § 14. It shall be the duty of each teacher having charge 
 of a room to make out a programme of recitation and studies of 
 the different classes in the school, at the beginning of each term, 
 placing the same in a conspicuous place in the school room for 
 reference, and furnish the Superintendent with a copy, and notify 
 him of any changes in the same. 
 
 371. § 15. The Board will not take notice of any charge 
 against any teacher or teachers unless presented in writing and 
 signed by at least one responsible person. 
 
 372. § 16. No teacher shall have the right to resign during 
 the term for which he or she was appointed, without the consent 
 of the Board, and at least two weeks’ notice, but the Board re- 
 serves the right to dismiss any teacher at its pleasure. 
 
 373. § 17. During the noon intermission, a teacher shall re- 
 main at each school building to preserve order among those who 
 may be permitted to be in their room during this time. 
 
 374. § 18. Each teacher shall keep his or her register and 
 class book neatly and accurately, and in accordance with the pre- 
 scribed forms, and at the end of the year return them to the 
 Superintendent at his office. 
 
 375. § 19. The teachers are expected to give vigilant atteii-* 
 tion to the ventilation and temperature of their school rooms. 
 
 376. § 20. Teachers are prohibited from awarding prizes to 
 the pupils under their charge, unless authorized by the Board. 
 
 377. § 21. They shall read from time to time, and explain to 
 their schools, all the rules relating to pupils, that they may be 
 distinctly understood. 
 
 PUPILS. . 
 
 378. § 1. None but legal residents of Galesburg, between 
 the ages of six and twenty-one years, shall be admitted into any 
 of the public schools without permission of the Board, and the 
 payment, in advance, of tuition, at the rate of fifty cents per 
 week. 
 
 379. § 2. Pupils can only be admitted to the schools, for the 
 first time, by a permit issued by the Superintendent, entitling 
 them to enter Monday morning of any week. Pupils may be re- 
 ceived during the first three days of any term; after which, appli- 
 cation for admission must be made on Monday mornings, at the 
 office of the Superintendent. 
 
150 
 
 RULES OF THE 
 
 380. § 3. Each scholar who shall be absent four half-days, or 
 
 tardy four times, or who shall leave school without permission 
 twice within four consecutive weeks, without a statement from 
 the parent or guardian, given in person or by written note, stat- 
 ing that these absences were caused by his own sickness, or sick- 
 ness in the family, or to avoid an imprudent exposure of health, 
 or unless such absences shall be in accordance with previous re- 
 quest of the parent or guardian, given in person or by written 
 note, shall forfeit his seat in school; and the teacher shall forth- 
 with notify the parent that the pupil is suspended : Provided^ 
 
 that no teacher shall be required to enforce this regulation until 
 other reasonable means for correcting such irregularities have 
 been tried. Xo pupil who has been thus suspended shall be re- 
 stored until the Superintendent has received satisfactory assur- 
 ance from the parent or guardian that these irregularities will be 
 corrected in the future. All restorations by the Superintendent 
 shall take effect upon the first day of the school month next suc- 
 ceeding such restoration, unless in special cases, which may be 
 left to the discretion of the Superintendent. 
 
 381. § 4. The Superintendent, with the advice and under 
 the direction of the Board, shall have power to classify all the 
 pupils attending the public schools, and to assign them to such 
 rooms and buildings as shall best subserve the interests of all the 
 schools. 
 
 382. § 5. Xo pupil shall be transferred from one school to 
 another without permission from the Superintendent, and no 
 pupil under censure in one school shall be transferred to another 
 until that censure is removed. 
 
 383. § 6. Xo pupil known to be affected with any contagious 
 or infectious disease, or coming from a family where such disease 
 prevails, shall be received or continued in any school. 
 
 384. § T. Any pupil guilty of defacing or injuring any school 
 property shall pay in full to the extent of the damage, and be lia- 
 ble to suspension or expulsion in case such injury was wantonly 
 committed. 
 
 385. § 8. Any pupil who shall be absent from any regular 
 examination shall forfeit his or her seat, and shall not thereafter 
 enter any of the schools of the city without a special permit from 
 the Superintendent. 
 
 386. § 9. ^Yhenever a parent or guardian wishes to have a 
 pupil excused from any regular study of his class, or regularly 
 during any portion of school hours, for any reason whatsoever, he 
 shall apply to the Superintendent in person or by written note, 
 stating the reasons for such request; and the Superintendent shall 
 have power to grant it, and it shall be his duty to make a record 
 of all such permits with reasons therefor. 
 
BOARD OF EDUCATION. 
 
 151 
 
 387. § 10. All scholars are required to refrain from every 
 kind of rude behavior in the school buildings, such as loud and 
 boisterous laughing and talking, whistling, running and scuffling; 
 and to conduct themselves as well-bred persons would do in a 
 private house. 
 
 388. § 11. No games shall be permitted in the basement or 
 yards which will endanger the safety of any property in the 
 buildings, or on adjoining grounds; nor upon the streets to the 
 annoyance of passers-by. Pupils are prohibited from throwing 
 snowballs, or missiles of any kind, on the school premises, or on 
 the streets adjacent. 
 
 389. § 12. Whenever the teacher of any school shall report 
 to the Superintendent the name of any pupil whose conduct is 
 considered such that he or she is unfit to be a member of the 
 school, the case shall at once be examined by the Superintendent, 
 and if, in his judgment, the pupil has been duly admonished, and 
 he exhibits no signs of reformation, he shall temporarily suspend 
 the pupil. He shall inform the parent, stating the cause of 
 suspension. Any pupil thus suspended may be restored at the 
 discretion of the Superintendent; but no pupil shall be finally 
 expelled from school without the action of the Board. A record 
 of all suspensions and expulsions shall be kept at the offlce of the 
 Superintendent. 
 
 390. § 33. No pupils shall be advanced from one grade to 
 another except by special permission of the Superintendent, until 
 they are able to sustain a satisfactory examination in all the 
 studies of the grade from which they are to be transferred. They 
 should be able to read any of the lessons they have gone over, 
 with proper expression; explain the meaning of any of the words; 
 give the names and uses of the different marks used, and spell 
 any of the words by letters and by sounds. All promotions shall 
 be made at the commencement of the school month. Pupils may 
 be sent into a lower class whenever their scholarship has been of 
 the third rank two months in succession, or whenever it seems 
 probable that they will not attain a fair standing in the class to 
 which they belong.’ The third rank shall be below an average of 
 75 per cent. 
 
 391. § 14. Any child who comes to school without having 
 given reasonable attention to cleanliness of person or dress, may 
 be sent home to be prepared for school in a proper manner. 
 
 392. § 15. All pupils shall be considered as belonging to the 
 school of suitable grade nearest their residences, unless for suffi- 
 cient reasons the Superintendent shall assign them to another 
 school. 
 
 393. § 16. The annual public examinations of schools shall 
 take place at the close^ of the winter term. Other examinations 
 
152 
 
 RULES OF THE 
 
 may be held from time to time by the Superintendent and teach- 
 ers. 
 
 394. § 17. Teachers may require pupils, guilty of insubordi- 
 
 nation, to make an apology as openly and explicity as the nature 
 of the case may require. 
 
 DIRECTIONS FOR KEEPING RECORDS. 
 
 395. § I. The ages of all pupils shall be taken in years and 
 months immediately upon their entering school. 
 
 396. § 2. Every pupil, upon entering the school, prepared 
 with books and other requisites for performing his work, shall be 
 enrolled as a member of the school, and the record of every pupil 
 so enrolled shall be preserved, and shall enter into and form a 
 })art of the record of the school, whether he be a member for one 
 day, for one week, or for an entire term. 
 
 397. § 3. Every pupil who shall have been in attendance dur- 
 ing half or more than half of a given session shall be accounted 
 present for that session; otherwise he shall be accounted absent. 
 
 398. § 4. The name of any pupil who shall have been absent 
 five consecutive days for sickness shall be dropped from the roll; 
 and the name of any who shall have been absent for three con- 
 secutive days for unknown cause, or for other cause than sick- 
 ness, shall be dropped from the roll as soon as the teacher has 
 positive knowledge that he has left and does not intend to re- 
 turn . 
 
 399. § 5. No record of attendance shall be kept for any half 
 day unless the schools shall have been in session for at least one- 
 half of the half dav. 
 
 400. § 6. Any pupil that shall be absent from the school- 
 room at a definite time previously fixed for the beginning of the 
 session shall be marked tardy; except in case where a pupil, after 
 having been present in the school room shall be sent by the 
 teacher into other parts of the school building, or upon the school 
 premises to attend to business connected with the school. 
 
 401. § 7. The average number belonging shall be found by 
 dividing the whole number of days of membership by the number 
 of days of school. 
 
 402. § 8. The average daily attendance shall be found by 
 
 dividing the whole number of days by the number of days 
 
 of school. 
 
 403. § 9. The per cent, of attendance shall be found by di- 
 viding one hundred times the average daily attendance by the 
 average number belonging. 
 
CITY C O U N C 1 1. . 
 
 153 
 
 RULES OF THE CITY COUNCIL. 
 
 404. § 1. A majority of the members elected shall constitute 
 a quorum for the transaction of business. 
 
 405. § 2. The City Council shall keep a record of its pro- 
 ceedings. At the request of any member tlie yeas and nays shall 
 be taken on any question and entered on the records. 
 
 406. § 3. Any ordinance presented to the Council for pas- 
 sage shall be deferred, for final action thereon, to the next meet- 
 ing after such ordinance is presented, at the request of any two 
 x\]dermen present. 
 
 407. § 4. Tlie Mayor shall take the chair at the hour appoin- 
 ted for the Council to meet, and immediately call the members 
 to order; he shall order the roll to be called, and at the instance 
 of any two members present, compel the attendance of absent 
 members. 
 
 408. § 5. The Mayor sliall preserve decorum and order; may 
 speak to portits of order in preference to other members, rising 
 from his seat for that purpose; shall decide questions of order, 
 subject to an appeal by any two members, on which appeal no 
 member shall speak more than once except by leave of the Coun- 
 cil. 
 
 409. § 6. Whenever the Mayor wishes to participate in the 
 debating of a question before the Council, he shall first vacate his 
 seat, and call some member to the chair. 
 
 410. § 7. The Mayor shall ha ve the right to name any mem- 
 ber to preside temporarily over the Council, but such substitute 
 shall not lose the right of voting on any question while so presid- 
 ing, nor shall such substitution extend beyond one meeting. 
 
 411. § 8. When any member is about to speak or present 
 any matter before the Council, he shall rise from his seat, and 
 address himself to “Mr. Mayor,” but shall not proceed until rec- 
 ognized and named by the Mayor. If any two members rise at 
 once, the Mayor shall name the member who is to speak first. 
 
 412. § 9. If any member, in speaking (or otherwise) trans- 
 gresses the rules or indulges in any personalities or reflections 
 injurious to the feelings of any member, or the harmony of the 
 Council, the Mayor shall, or any member may, call him to order. 
 
154 
 
 RULES OF THE 
 
 The member, when called to order by the Mayor, shall sit down, 
 unless permitted to explain. If he appeals, tlie Council shall decide 
 the point without debate. 
 
 413. § 10. No member shall speak more than twice to the 
 same question, nor more than once, until every member choos- 
 ing to speak shall have spoken, nor longer than five minutes with- 
 out the consent of the Council. 
 
 414. § 11. While the Mayor is putting a question or address- 
 ing the Council, no member shall walk out of or across the room, 
 nor in such case, or when a member is speaking, shall entertain 
 private discourse; nor, when a member is speaking, shall pass be- 
 tween him and the chair. 
 
 415. § 12. When a question is stated, every member present 
 shall vote, unless excused by the Council; or, unless directly in- 
 terested in the question, in which case he shall not vote. 
 
 416. § 13. No motion shall be entertained unless seconded; 
 when seconded, it shall be stated by the Mayor, and if any mem- 
 ber requires it, reduced to writing. 
 
 417. § 14. When a motion or resolution has been stated by 
 the Mayor, it shall be deemed to be in possession of the Council, 
 but may be withdrawn at any time, by the unanimous consent of 
 the Council, before decision or amendment. 
 
 418. § 15. When the yeas and nays shall be taken on any 
 question, no member shall be permitted to vote or to change his 
 vote after the decision is announced from the chair, unless by the 
 unanimous consent of the Council. 
 
 419. § 16. . If a question, under consideration, contains more 
 than one distinct proposition, it may be divided, upon the request 
 of any member; but on motion to strike out and insert, it shall 
 not be in order to move for a division of the question; but the 
 rejection of a motion to strike out and insert one proposition, shall 
 not prevent a motion to strike out and insert a different proposi- 
 tion. 
 
 420. § 17. When a question is under debate, no motion shall 
 be received, but to adjourn, to lay on the table, for the previous 
 cjuestion, to postpone indefinitely, to postpone to a certain time, 
 to refer or to amend, which motions shall have precedence in the 
 order in which they stand arranged. 
 
 421. § 18. A motion for adjournment is always in order, ex- 
 cept when the roll is being called, and shall be decided, as well 
 as the motion to lay on the table, without debate. 
 
 422. § 19. A motion for the previous question, to lay the 
 question on the table, or to commit it, shall, until decided, pre- 
 clude all amendment or debate of the main question; and a motion 
 to postpone a question indefinitely, or to adjourn it to a certain 
 
CITY COUNCIL. 
 
 155 
 
 day, shall, until it is decided, preclude all amendment to the main 
 question. 
 
 423. § 20. No motion to postpone to a certain time, or in- 
 definitely, or to commit, being decided in the negative, shall be 
 again allowed at the same meeting. 
 
 424. § 21. When a blank is to be filled, and different sums 
 or times are proposed, the question shall first be put upon the 
 largest sum or longest time. 
 
 425. §. 22. A motion to strike out the words : “Be it ordained, 
 etc.,” of an ordinance, shall have precedence to a motion to 
 amend, and, if carried, shall be deemed equivalent to the rejec- 
 tion of the ordinance. 
 
 426. § 23. The previous question shall be stated in this form: 
 “Shall the main question be now put?” When it is decided: 
 “The main question shall not now be put,” the main question 
 shall be considered as still remaining under debate. 
 
 427. § 24. The effect of the main question being ordered, 
 shall be to put an end to all debate, and bring the Council to a 
 direct vote upon all amendments pending in the inverse order, in 
 which they were offered. After the motion for the previous 
 question has prevailed, it shall not be in order to move to adjourn, 
 prior to a decision of the main question. 
 
 428. § 25. When a question has been once put and carried 
 in the affirmative or negative, it shall be in order for a member 
 of the majority to move for a reconsideration thereof, or give 
 notice that he will make such motion at the next meeting of the 
 Council, for which time he shall have control of the motion, but 
 no motion for reconsideration shall be in order unless within the 
 next meeting of the Council : Provided^ that should the member 
 giving notice of a motion to reconsider, not make such motion 
 within the prescribed time, any other member voting with the 
 majority, may make such motion at the next meeting. Such 
 question shall take precedence of all other questions, except a 
 motion to adjourn. 
 
 429. § 26. In all cases, the name of a member offering a res- 
 olution or motion, shall be entered with it upon the journal. 
 
 430. § 27. The Standing Committees of the Council shall be 
 as follows: On Finance and Water; on Police; on Streets and 
 Alleys; on Sidewalks, Public Buildings and Public Grounds; on 
 Fire; on Street Lighting; on Miscellaneous Matters. Each com- 
 mittee shall consist of three members, to be appointed annually 
 by the Mayor, unless otherwise provided for, as in Section 28, 
 and the first named of each committee shall be the chairman. 
 When motions are made for reference to a select and to a stand- 
 ing committee, the reference to the standing committee shall be 
 put first. 
 
156 
 
 RULES OF THE 
 
 431. § 28. All committees shall be appointed by the Mayor, 
 provided, however, that the Council shall have the right at any 
 time to increase committees already appointed by the Ma 3 "or, and 
 name the additional members; and the Council at the beginning 
 of the year may^ by resolution appoint the members of all com- 
 mittees either standing or special. 
 
 432. § 29. Committees to whom any subject may be referred, 
 shall report in writing, addressed to the Cit\^ Council of the city 
 of Galesburg. 
 
 433. § 30. The City Clerk shall forward all papers to the 
 appropriate committees and officers, as earh’- as the next day after 
 the reference shall be made, by the Cit}'^ Marshal, who shall de- 
 liver them. 
 
 / 434. § 31. Xo petition for the remission of a fine under any 
 
 ordinance of the ciU’ shall be granted, without a vote of two- 
 thirds of the Council; Provided^ that when the petition is signed 
 by the court or jury imposing the fine, it shall require a majority 
 only to remit the fine. 
 
 435. § 32. Ever}’ proposition involving the expenditure of 
 money, shall be referred to an appropriate standing committee, 
 and a report thereon made to the Council, by said committee, 
 before the Council vote upon the expenditure. 
 
 436. § 33. The regular stated meetings of the City Council 
 shall be held at the Council Rooms on the first Monday of each 
 month, at T o’clock p. m., from October 1 to April 4, and for the 
 remaining six months at 7:30 o’clock p. m.; and adjourned meet- 
 ings may be held for the purpose of completing the unfinished 
 business of the regular meetings, at such time as may be appointed 
 by the City Council. 
 
 437. § 34. Special meetings may be called and held by noti- 
 fication to each member of the Council, served personally, or left 
 at his usual place of abode, stating the object and purpose of 
 such meeting; and no business shall be transacted at such special 
 meeting, except such as the meeting was called for and notifica- 
 tion was given thereof. 
 
 438. ^ 35. The City Marshal, or some person appointed by 
 him, at his own cost, shall attend all meetings of the Council and 
 execute all their orders. 
 
 439. § 36. Xo person shall be permitted to smoke in the 
 Council Chamber during session of the Council except by unani- 
 mous consent; nor shall any member of the Council place his feet 
 or legs upon his desk. 
 
 440. § 37. The order of business shall be as follows: 
 
15 ? 
 
 CITY COUNCIL. 
 
 a. Reading of minutes of last meeting, unless dispensed with, 
 and their amendment or correction. 
 
 h. Presentation of petitions, and claims and bills (which shall 
 always be in writing). 
 
 c. Communications to the Council. 
 
 d. Reports of officers. 
 
 e. Reports of standing committees. 
 
 f. Reports of special committees. 
 
 g. Unfinished business of the preceding meeting. 
 
 h. New business. 
 
 441. § 38. All questions as to the priority of business shall be 
 decided without debate. 
 
 442. § 39. At adjourned meetings, the unfinished business of 
 the preceding meeting shall have the precedence in general order 
 of business. 
 
 443. § 40. The rules of proceeding in the Council, shall be 
 observed in the committee of the whole, as far as they may be 
 applicable. 
 
 444. § 41. In forming a committee of the whole, the Mayor 
 shall leave his chair, and a chairman to preside in the committee 
 shall be appointed by the Mayor. 
 
 445. § 42. When the Council has resolved itself into a com- 
 mittee of the whole, the Mayor shall not be entitled to any vote; 
 but shall be allowed to speak upon any question before the Com- 
 mittee. 
 
 446. § 43. The rules of parliamentary practice, comprised in 
 Robert’s Rules of Order shall govern the Council in all cases 
 to which they are applicable, and in which they are not inconsis- 
 tent with the rules of the Council. 
 
 44?. § 44. The foregoing rules, or any of them, shall not be 
 
 repealed, annulled, amended, abridged or modified except by a 
 vote of two-thirds of the full Council, upon one month’s previous 
 notice. To suspend the rules shall require a majority of the 
 members present. 
 

 ^ ,. lU«i ) tWfe *iiU Jt\f v^ 
 
 L . • . ‘.^4ir ■ -'M ■'•.'■I"" , ■ v>„'.7 *b- 
 
 ■ ■•i 
 
 
 -,.r X/ft 
 
 it' 
 
 
 '■■V ■* ' ':'' ' ' ^!,' '";• 
 
 ...y»^ Aiii Xi 
 
 .‘ Vu Jm 
 
At the regular meeting of the City Council held March Gth, 
 1882 , the following proceedings were had: 
 
 Alderman Gale, from the Committee on Revision of Ordinances, 
 presented the following report: 
 
 The committee are of opinion that a thorough and careful re- 
 vision of the ordinances is desirable, that such revision to be 
 worth making should be well and completely done, the ordi- 
 nances made to conform to, where they now conflict with, the 
 Charter, the Constitution and Statutes of the State and the de- 
 cisions of the courts; that the occasion should be taken to drop 
 all obsolete provisions, or such as experience has shown to be un- 
 necessary, and to make such other amendments as will render the 
 ordinances harmonious and simple, better understood and more 
 effective. They are of opinion if the work is to be done, it should 
 be done by a well-selected commission, that the revisers should 
 report to the Council the ordinances in their proposed new shape 
 and carefully compared with those now in force, so that the Coun- 
 cil may intelligently pass upon all the proposed changes. They 
 recommend the passage of the following resolution: 
 
 That the Mayor be requested to appoint two competent persons 
 to prepare and submit to the Council for their adoption or rejec- 
 tion an ordinance in revision of the ordinances of the city. 
 
 The foregoing report was adopted and the following were ap- 
 pointed as such commission: Frederick A. Willoughby and Geo. 
 A. Lawrence, and ex-officio George W. Prince, City Attorney 
 and W. A. Ryan, City Clerk. 
 
 Attest: 
 
 W. A. RYAN, City Clerk. 
 
X 
 
REVISED ORDINANCES 
 
 AN OEDINANCE 
 
 IN REVISION OF THE GENERAL ORDINANCES OF THE CITY OF 
 
 GALESBURG. 
 
 Be it ordained by the City Council of the City of Galesburg : 
 That the ordinances of the city of Galesburg of a general charac- 
 ter be and the same are hereby revised so that the same shall 
 read as follows : 
 
 CHAPTER I. 
 
 Section. 
 
 1. First Ward— boundaries of defined. 
 
 2. Second Ward— boundaries of defined. 
 
 3. Third Ward— boundaries of defined. 
 
 4. Fourth Ward — boundaries of defined. 
 
 WARDS. 
 
 Section. 
 
 5. Fifth Ward— boundaries of defined. 
 
 6. Sixth Ward — boundaries of defined. 
 
 7. Seventh Ward— boundaries of defined, 
 
 The city is hereby declared to be divided into seven wards as 
 follows, to-wit: 
 
 448. § 1. The territory bounded on the north by the center 
 line of Main street, on the south by the center line of South street, 
 on the east by the center line of Seminary street, on the west by 
 the center line of West street shall constitute the First Ward. 
 
 449. § 2. The territory bounded on the north by the center 
 line of North street, on the south by the First Ward, on the east 
 by the center line of Seminary street, on the west by the center 
 line of West street shall constitute the Second Ward. 
 
 450. § 3. The territory bounded on the west by the center 
 line of West street, and by the same line extended to the northern 
 limits of the city, on the south by the center line of North street, 
 and the same extended to the eastern limits of the city, and 
 bounded on the north and east by the city limits, shall constitute 
 the Third Ward. 
 
 11 
 
162 
 
 REVISED ORDINA^fCES. 
 
 451. § 4. The territory bounded on the north by the Third 
 Ward, on the west by the center line of Seminary street, commen- 
 cing at the intersection of North street and running thence south 
 to the center line of South street, and by the center line of Pearl 
 street, commencing at the intersection of South street and running 
 thence south to the city limits, on the south by the center line of 
 South street, froiti the center of Seminary street to the center of 
 Pearl street and by the city limits, and on the east by the city 
 limits, shall constitute the Fourth Ward. 
 
 452. § 5. The territory bounded on the north by the center 
 line of South street, and the same line extended to the western 
 limits of the city, on the east by the center line of Cherry street, 
 commencing at the intersection of South street and running thence 
 south to the center of Brooks street, and by the center line of 
 Broad street, and the same extended to the southern limits of the 
 city, on the south by the center line of Brooks street from Cherry 
 street to Broad street and b}^ the city limits, and on the west by 
 the city limits, shall constitute the Fifth Ward. 
 
 453. § 6. The territory bounded on the south by the Fifth 
 
 Ward, on the east by the First, Second and Third Wards, on the 
 
 north and west bv the citv limits shall constitute the Sixth Ward. 
 
 «/ 
 
 454. § 7. The territory bounded on the north -by the First, 
 Fourth and Fifth Wards, on the east by the Fourth Ward, on the 
 west by the Fifth Ward, and on the south by the city limits shall 
 constitute the Seventh Ward. 
 
 CHAPTER II. 
 
 OFFICERS. 
 
 Section. 
 
 1. Officers — names of. 
 
 2. Term of. 
 
 3. Town officers. 
 
 4. Official bonds. 
 
 5. Commissions. 
 
 6. Must pay over money. 
 
 7. Salaries. 
 
 8. Books open to inspection. 
 
 9. Absence of. 
 
 i Section. 
 
 10. Misconduct, etc. 
 
 11. Charges against — hearing. 
 
 12. Witnesses compelled to attend hear- 
 
 ing. 
 
 13. Vote on charges. 
 
 14. Officers may be suspended pending 
 
 I charges, etc. 
 
 i 15. Officers ])ro tern. 
 j 16. Removal without charges. 
 
 455. § 1. The officers of the city shall be a Mayor, a 
 City Council, a City Clerk, a City Attorney, a City Treasurer, 
 a City Engineer and Surveyor, a City Marshal, a City Su- 
 perintendent of Streets, a City Superintendent of Street 
 Lighting, a City Sealer of Weights and Measures, a City 
 Inspector of Mineral Oils, a City Pound- Master, a City 
 
REVISED ORDINANCES. 
 
 168 
 
 Commissioner of Health, a City Physician, a City Inspector and 
 a City Poor master, of vvliich the Mayor, City Council, City Clerk, 
 City Attorney and City Treasurer shall be elective, and all the 
 others appointive officers. 
 
 456. § 2. The Mayor, City Council, City Clerk, City Attor- 
 ney, City Assessor and City Treasurer shall hold their respective 
 offices for such time as is prescribed by law, and all other officers 
 named in section one of this chapter, shall be appointed during 
 the month of April in each year, and shall hold office for one year, 
 and until their successors are appointed and qualified. 
 
 457. § 3. The offices of City and Town Clerk in the city and 
 town embraced within the limits of the city of Galesburg shall be 
 united in the same pei-son. The election of Highway Commis- 
 sioner shall be discontinued, the offices of Supervisor and Poor- 
 master shall be separated, and the Poormaster appointed by the 
 City Council. 
 
 458. § 4. All official bonds shall be submitted to the City 
 Council for their approval, which approval, when given, shall be 
 certified thereon by the Clerk, and said bonds shall be filed and 
 preserved in his office. The City Council may, at any time, re- 
 quire a new bond to be executed by any city officer, if from any 
 cause they shall deem the old bond, or the sureties thereon to be 
 insufficient; but the execution of such new bond shall not in any 
 manner affect any liability, loss, or damage incurred under the old 
 bond, or release the sureties from any liability incurred thereon. 
 Wheti any city officer, except the Mayor, Alderman and City 
 Clerk, shall have qualified, as required by the charter and ordi- 
 nances of the city, the City Clerk shall make out and deliver to 
 him a commission under the corj)orate seal, signed by the Mayor 
 or presiding officer of the City Council and the City Clerk. 
 
 450. ■§ 5. The commission shall be substantially as follows; 
 
 A. B., Mayor of the city of Galesburg: To all to whom these 
 
 presents shall come, greeting : Know ye, that C. D. having been 
 
 duly elected (or appointed, as the case may be), and qualified to 
 
 the office of of the city of Galesburg : I, A. B., Mayor of said 
 
 city, for and in behalf of the people thereof, do hereby commis- 
 sion him , in and for said city, to have and possess the 
 
 said office, with all the rights, powers, and emoluments incident 
 thereto, with authority to execute all the duties thereof accord- 
 ing to law, until his successor shall be duly chosen and qualified. 
 
 In testimony whereof, I have hereunto set my hand, 
 
 [l. s.J and caused the corporate seal of said city to be 
 
 affixed, this day of , A. D., one 
 
 thousand eight hundred and 
 By the Mayor. .... 
 
 , Clerk. 
 
 , Mayor, 
 
164 
 
 REVISED ORDINANCES. 
 
 460. § 6. All officers collecting or receiving any moneys on 
 account of the city, shall pay the same as fast as collected, into 
 the city treasury, and shall, on the first Monday of each month, 
 report to the City Council an accurate statement of all moneys 
 received by them during the preceding month, specifying the 
 amount, from whom, and on what account received. No officer 
 shall retain any moneys collected or received by him, toward the 
 payment of any salaries or fees which may be coming to him from 
 the city, but shall pay the same into the treasury. Any officer 
 violating any provision of this section shall be subject to a pen- 
 alty of not less than ten dollars, and shall also be subject to re- 
 moval from office. 
 
 461. § 7. The salaries of all city officers, unless where other- 
 wise specially provided, shall be payable monthly on the first Mon- 
 day of each month; and they may present their accounts to the 
 City Council for adjustment. But no warrant shall be drawn in 
 favor of any officer, for the payment of his salary, until he shall 
 have filed his report as is herein required; nor shall any warrant, 
 in any case, be drawn in favor of any officer who shall be in de- 
 fault or arrears to the citv. 
 
 462. § 8. The records, books and papers pertaining to any 
 city office, shall, at all reasonable times, be subject to the inspec- 
 tion and examination of the Mayor, the City Council, or any of its 
 committees, or any person interested in the same; and all city 
 officers shall, when requested, give all the information in their 
 power pertaining to their respective offices, to the City Council 
 or any of its committees, the Mayor, or any other department of 
 the city government. 
 
 463. § 9. If any city officer shall remove from the city or 
 absent himself therefrom for three months, his office shall thereby 
 be vacated. Any officer desiring to be temporarily absent, shall 
 apply to the City Council, if in session, or if not, to the Mayor, 
 for leave of absence; which may be granted for any time not ex- 
 ceeding one month, by the Mayor, or by the City Council not 
 exceeding three months. Any officer who shall absent himself 
 from the city for more than one week, without such leave of 
 absence, shall be subject to a penalty of not less than twenty 
 dollars, for each week he may so absent himself. 
 
 464. § 10. All officers shall be liable to the city, for all loss 
 or damage that may arise from their omission of duty, corruption 
 in office, or willful misconduct in the discharge of any official 
 duty; and the City Council may, in their discretion, by order, 
 withhold the salary of any officer in order to secure the city from 
 loss. And if any officer shall fail, neglect, or refuse to discharge 
 or perform any duty recpiired of him, the City Council may em- 
 
REVISED ORDINANCES. 
 
 165 
 
 ploy or appoint some competent person to perform such duty, and 
 the costs and expenses of doing the same shall be charged to such' 
 officer, and deducted from his salary; or, if his salary shall be 
 insufficient to pay the same, they may be recovered by suit in the 
 name of the city before any court having jurisdiction. 
 
 465. § 11. Whenever it shall come to the knowledge of the 
 Mayor, or any member of the Council, that any city officer is in- 
 competent, or has willfully neglected or refused to discharge any 
 of the duties of his office; or has been guilty of any malfeasance, 
 misfeasance, or other improper conduct in the discharge of his 
 official duties, he shall forthwith prefer cliarges in writing against 
 such officer, to the Council, specifying tlie nature of the offenses 
 with which he is charged. The City Council shall immediately 
 appoint by ballot a committee of three members, to examine into 
 such charges, who, if upon such examination they shall deem 
 them well founded, shall frame such charges, with any additional 
 charges they may find probable cause for preferring, with full 
 specifications, and report them to the Council, whereupon the 
 Council shall set a day within ten days for hearing and determin- 
 ing the same A copy of the charges and specifications, with a 
 notice of the day set for hearing the same, shall, without delay, 
 be made out by the City Clerk and delivered to the accused. 
 Upon the day appointed, the City Council shall proceed to hear 
 and examine all evidence that may be offered, on both sides; and 
 may, if necessary, adjourn from day to day. 
 
 466. § 12. The Mayor shall issue warrants under the corpo- 
 rate seal, for all witnessess, or the production of all papers that 
 may be required, either before the City Council, or before the 
 special committee, and deliver the same to the City Marshal, who 
 shall serve the same, by reading or by delivering a copy thereof to 
 the person summoned, and shall make a return in what manner he 
 has executed the same. And any person who shall neglect or re- 
 fuse to appear, or to testify when so required, or to produce any 
 papers which he may have in his possession, or under his control, 
 pertaining to such trial, shall be subject to a penalty of not less 
 than fifty dollars, and may be compelled to appear or testify in 
 any other legal manner. When any witness may be unable to 
 attend, from sickness or other cause, or is beyond the jurisdiction 
 of the City Council, his deposition, taken in accordance with the 
 laws of the State, mav be read in evidence. 
 
 467. § 13. The City Council shall, upon concluding such ex- 
 
 amination, vote by ayes and noes upon the charges. The ques- 
 tion upon each charge shall be, tlia accused and if 
 
 two-thirds of all the Aldermen required by law to be elected, 
 shall vote that he is guilty of any charge preferred, they may 
 
166 
 
 REVISED ORDINANCES. 
 
 resolve that he be removed from office; and the Council shall 
 thereupon proceed to fill such vacanc}" according to law. The 
 proceedings shall be entered at large upon the journals by the 
 City Clerk. The accused shall be heard, if he shall so desire, by 
 himself or counsel in his defense, and the City Attorney, if re- 
 quired, shall attend and prosecute on behalf of the city. But no 
 exceptions shall be taken or allowed as to the form of the charges 
 or specifications; and it shall be sufficient if the offense charged 
 is clearlv and substantiallv set forth. 
 
 V ^ ft/ 
 
 468. § 14. When any charge shall be so preferred, the offi- 
 cer may, by a two-thirds vote of the Council, be suspended until 
 it is disposed of, and the City Council may make a temporary 
 appointment to fill such vacancy. If an\- officer shall, without 
 good cause, neglect to appear at the time appointed, and answer 
 the charges againt him, his office shall be declared vacant. 
 Anv officer who mav be removed from office, shall not receive any 
 salary from and after the date charges are preferred against him. 
 
 469. § 15. When any particular officer, required by ordinance 
 to execute any particular duty, shall be absent, or incompetent, 
 or otherwise unable to discharge such duty, the Mayor may assign 
 
 ' fc' ft/ » — • 
 
 the discharge of such duty to some other officer, and such officer 
 shall act in such case with the same power and authority, as if 
 specially named in the ordinance. 
 
 410. § 16. Any officer appointed by the Cit\^ Council, may 
 
 be removed from office at any time, by a vote of two-thirds of all 
 the Aldermen required by law to be elected. But the City Coun- 
 cil may, at its option, cause charges to be preferred against such 
 officer, and proceed to hear and determine the same in the same 
 manner as is heretofore prescribed in this chapter. 
 
 CHAPTER III. 
 
 THE MAYOR. 
 
 Section. Section. 
 
 1. Shall enforce lawg and ordinances— 3. Appoint officers, 
 supervision of officers. 
 
 •1. Decide applications for licenses except reward for criminals, 
 
 dram-shop licenses. 
 
 471. § 1. The Mayor, in addition to the duties required of him 
 by law, shall take care that the laws of this State and the ordi- 
 nances of the city be enforced, and that the peace and good order 
 of the city be preserved; he shall exercise a general supervision 
 over all other officers of the city, and cause any neglect or vio- 
 lation of duty on the part of any officer to be promptly corrected. 
 
REVISED ORDINANCES. 
 
 167 
 
 472. § 2. The Mayor shall decide upon all applications for 
 license, except licenses to keep a dram shop, and grant or reject 
 the same; but it shall be his duty to grant all such applications 
 where the same are in accordance with law and the ordinances 
 of the city, and the applicant is of the age of twenty-one years, of 
 good moral character, and is qualified according to law and the 
 ordinances of the city to receive the same, and the Mayor shall 
 have power to revoke any license so granted by him for a viola- 
 tion of law or the ordinances of the city or for gross misconduct 
 on the part of the licensee: Provided^ that the party aggrieved 
 may appeal to the City Council at the next regular or special 
 meeting, when if a majority of all the members elect to the City 
 Council shall so vote, said license shall again become valid and 
 of full force. 
 
 473. § 3. The Mayor shall appoint, with the advice and consent 
 of the City Council, all officers of the city not elective, or whose 
 appointment shall not be otherwise provided for by law, and when- 
 ever any vacancy occurs in any office, he shall, except where the 
 law otherwise provides, appoint with the advice and consent of 
 the City Council, some person to fill such vacancy, and for that 
 purpose he shall, within thirty days after such vacancy occurs, pre- 
 sent to the City Council a nominee lor such vacancy, and shall 
 immediately, upon the occurrence of said vacancy, designate some 
 person to discharge the duties of said office until said vacancy is 
 
 filled. 
 
 474. § 4. The Mayor, whenever he shall deem it necessary, 
 may issue his proclamation offering a reward of not more than 
 three hundred dollars for the arrest of any one who may have 
 committed a felony within the city of Galesburg. 
 
 CHAPTER IV. 
 
 THE CITY COUNCIL. 
 
 Section. Section. 
 
 1. Regular meetinge. 2. Compensation. 
 
 475. § 1. The City Council shall hold their regular meetings 
 on the first Monday of each month in such place as shall at the 
 time be used as the City Council chamber. 
 
 476. § 2. The compensation to be paid to Aldermen is hereby 
 fixed at two dollars to each Alderman, for each meeting of the 
 City Council actually attended by him, and no other compen- 
 sation than for attendance upon such meetings shall be allowed 
 to any Alderman for any services whatsoever. 
 
168 
 
 REVISED ORDINANCES. 
 
 CHAPTER V. 
 
 THE CIT 
 
 Section,. 
 
 1. Shall provide hallot-boxe?, etc. 
 
 2. Notify Mayor of election returns. 
 
 3. Keep blanks for physicians, etc. 
 
 4. Attest licenses, etc. 
 
 5. Issue notices. 
 
 CLERK. 
 
 Section. 
 
 6. Draw warrants upon treasury. 
 
 7. Keep accounts with officers collecting 
 
 money. 
 
 8. Keep account of city revenue. 
 
 477. § 1. Tlie City Clerk shall, in addition to the duties of his 
 office as prescribed by law, provide a sufficient number of ballot 
 boxes, blanks and forms for the use of the judges and clerks of 
 election, which shall conform in all respects to the requirements 
 of law upon that subject. 
 
 478. § 2 . The City Clerk shall, as soon as all the returns of 
 any election shall have been filed with him in accordance with 
 law, without delay, notify the Mayor thereof. 
 
 479. § 3. The City Clerk shall provide and keep constantly 
 on hand and furnish on request without charge to physicians and 
 mid-wives practising in the city, and to acting coroners for use in 
 the city, printed blank certificates of death. He shall also record 
 in a book kept by him for that purpose, the substance of all certifi- 
 cates of death furnished him by physicians, midwives and acting 
 coroners, and upon receipt of each such certificate he shall sign 
 and issue a burial permit, or permission to remove the corpse 
 from the city for burial, as may be desired. 
 
 480. § 4. The City Clerk shall attest all licenses granted 
 by the Mayor or City Council, and shall keep a registry of the 
 same, showing the date of issue, time of expiration, business 
 licensed and amount paid. 
 
 481. § 5. The City Clerk shall issue notices of special meet- 
 ings to the members of ,the City Council when directed by the 
 Mayor or any three Aldermen so to do, and all other notices which 
 he may be directed by the City Council to issue; he shall also 
 issue notices to the members of the different committees of the 
 City Council, and to all persons whose attendance may be required 
 before any such committee when thereto directed by the chair- 
 man thereof, or whose attendance may be required before the 
 City Council when so directed by the Mayor. 
 
 482. § 6. The City Clerk shall, upon the allowance of any 
 account or claim by the City Council, draw a warrant therefor 
 upon the city treasury, payable to the claimant or order, which 
 warrant, when signed by the Mayor and countersigned by the 
 
REVISED ORDINANCES. 
 
 169 
 
 Clerk, shall be paid by the City Treasurer. He shall keep in a 
 suitable book an accurate list of all warrants drawn on the treas- 
 ury, stating the date, number and amount thereof, and the name 
 of the person in whose favor drawn; and he shall take the receipt 
 of such person for the warrant upon the delivery thereof. 
 
 483. § 7. The City Clerk shall keep all accounts pertaining 
 to the finances of the city. He shall keep an accurate accouiit 
 with all city officers and others collecting or receiving any mon- 
 eys, property or claims on account of the city, charging them 
 with all moneys or property received by them, or claims placed 
 in their hands for collection, and crediting them with all moneys 
 jiaid into the treasury, upon their filing the Treasurer’s receipts, 
 or with claims or accounts uncollectable, or other proper credits, 
 upon filing the proper vouchers. The Treasurer shall be credited 
 with all warrants cancelled and returned. 
 
 484. § 8. The City Clerk shall keep a detailed and specific 
 . account of the city revenue, keeping an account with each sepa- 
 rate fund, crediting the same with all receipts, and charging it 
 with all appropriations or warrants drawn thereon. He shall 
 charge each warrant to the fund or appropriation on which it is 
 drawn. He shall keep an accurate account of all debts due by 
 or owing to the city, and shall keep a bill book in which he shall 
 enter a correct list of all bonds, notes, or other obligations given by 
 or payable to the cit}’^, with the date thereof, the person to whom 
 or by whom owing or payable, and the rate of interest, and the 
 time and manner in which the principal and interest are payable, 
 and such other particulars as may be necessary to a full under- 
 standing thereof. No account shall be allowed, or warrant drawn 
 in favor of any person indebted to the city, or of his assignee, 
 except for the balance which may be due over and above the 
 amount due the city. 
 
 t 
 
iro 
 
 REVISED ORDINANCES. 
 
 CHAPTER VI. 
 
 CITY ATTORNEY. 
 
 6tctiou. I Section. 
 
 1. Shall prosecute and del'eud suits for 3. Report cases, etc. 
 
 4. Collect executious— appeals. 
 
 ■ 4 . Shall advise City C ouncil, etc.; exam- 5 City Attoruey fern, 
 ine assessments and tax lists, etc. 
 
 485. § 1. The City Attorney shall prosecute or defend in 
 
 behalf of the city, in all cases in ’which the interests of the city, 
 or the official acts of any officer are involved. He shall, when 
 required, prosecute any suit brought in the name of the city, be- 
 fore any magistrate in the city. 
 
 • 486. § ' 1 . He shall, when required, advise the City Council 
 
 or any of its committees, or any city officer, in relation to any 
 matter of law, in which the interests of the city are in question. 
 He shall examine all assessments and tax lists, and other papers 
 in relation to the assessment or collection of taxes or assessments, 
 and approve the same ; draft any ordinance, bond, contract, or 
 other instrument of writing in behalf of the city; examine and 
 approve the same when required by the City Council, any of 
 its committees, or the Mayor. When his written opinion shall be 
 required by the City Council, or the Mayor, on any question of 
 interest to the city, he shall furnish it and keep a record thereof 
 in a suitable book. 
 
 487. § 3. He shall report to the City Council, without delay, 
 after the adjournment of each term of any court of record, and at 
 such other times as he may be required, the state or disposition 
 of all cases of the city pending in such court. He shall examine 
 all fee bills of officers of courts, and others, and certify to the cor- 
 rectness of the same, and the liability of the city therefor. 
 
 488. § 4. He shall cause execution to be issued, upon all 
 judgments recovered in favor of the city, and attend to their 
 prompt collection. He shall report to the City Council, or to the 
 Mayor, all cases in wdiicli he shall deem it expedient to take any 
 appeal, or w’rit of error on behalf of the city, and tlie City Coun- 
 cil may, by an order or resolution, authorize the same to be done; 
 whereupon the Mayor shall enter into such bond or other obliga- 
 tion on the part of the city, under the corporate seal, and with 
 such sureties as may be necessary ; and such sureties shall be in- 
 demnified by the city from all loss or damage. He shall prepare 
 and file all necessary papers in all cases in which the city is a 
 
REVISED ORDINANCES. 
 
 171 
 
 party or interested. The City Clerk shall deliver to him any 
 bond or other paper necessary to be used in any suit, or other 
 proceeding, taking his receipt for the same. 
 
 489. § 5. The City Attorney may, in case of his temporary 
 
 absence, or in case he is otherwise, for any reason, unable to at- 
 tend to the duties of his office, with the consent of the Mayor, 
 and at his own expense, appoint some competent attorney to act 
 in his place. 
 
 CHAPTER VII. 
 
 CITY TREASURER. 
 
 Section. 
 
 1. Shall keep accurate accounts of money 
 
 received and paid. 
 
 2. Report to Council. 
 
 Section. 
 
 3. Keep account with Justices of the 
 
 Peace. 
 
 4. Collect all bills due the city.. 
 
 490. § 1. The City Treasurer shall keep such books as may 
 be necessary, and keep an accurate account of all moneys re- 
 ceived and disbursed by him on account of the city, stating from 
 wliom and on what account received, and to whom and on what 
 account paid. 
 
 491. § 2. He shall, on the first Monday of each month, re- 
 port to the City Council a specific statement of all receipts and 
 expenditures for thp preceding month. 
 
 492. § 3. He shall keep an account vvith the police magis- 
 trate and each justice of the peace, charging them with the amount 
 of fines assessed and crediting his account with the amount of 
 fines paid into the treasury or released, and shall from time to 
 time report to the City Council the condition of such accounts. 
 
 493. § 4. It shall be the duty of the City Treasurer to col- 
 lect all bills due the city, except where otherwise provided by 
 law. 
 
172 
 
 REVISED ORDINANCES. 
 
 CHAPTER VIIL 
 
 CITY EISGINEER AND SURVEYOR. 
 
 Section. 
 
 1. Shall make plains for public works. 
 
 Section. 
 
 5. Mark grade for structures, etc, without 
 
 2. Inspect materials therefor. 
 
 3. Make surveys of grades, etc. 
 
 4. Keep record of surveys, etc. 
 
 charge. 
 
 6. Provide himself with field notes. 
 
 7. Erect monuments. 
 
 494. § 1. The City Engineer and Surveyor shall, when re- 
 (juired by the Mayor, the Council, or any of its committees, make 
 out plans, estimates and specifications for any public work which 
 may be ordered, or proposed by the City Council, and superintend 
 the construction thereof. 
 
 495. § 2. He shall, when required by the proper authority, 
 receive, inspect and measure any lumber or other materials to 
 be used for any public work, and keep an accurate account in a 
 suitable book, of the quantity and quality of the same fi-om whom 
 received, the cost thereof, and also for what purpose used, or to 
 be used, and to whom delivered. He shall examine all accounts 
 for materials received by him on account of the city, and if cor- 
 rect, certify the same to the City Council. 
 
 49G. § 3. He shall, wlien required by the City Council, make 
 
 surveys of the grades or boundaries of streets and alleys, and pre- 
 pare plats or profiles thereof, and report the same to the City 
 Council; and no such survey of any grade or boundary shall be 
 established and valid, until the plat or profile thereof shall be re- 
 ported to and approved by the City Council. He shall receive 
 from the City Clerk all plats and other papers pertaining to his 
 department, as soon as the City Council shall have no further use 
 therefor. 
 
 497. § 4. He shall make out and keep a diagram or plat of 
 all the grades and boundaries of streets and alleys established by 
 the City Council, correcting the same when any grade shall be 
 changed, and adding thereto when any new grade or boundary 
 shall be established; and he shall record in a suitable book the 
 profiles and notes of all surveys of grades and boundaries estab- 
 lished, and shall preserve the original papers relating thereto; and 
 shall otherwise keep a systematic record of all the transactions 
 pertaining to his department. 
 
 498. § 5. He shall without charge, mark the grade of any 
 street or alley, where the same is established, at the request of 
 any person wishing to erect any structure or make any enclosure 
 
REVISED ORDINANCES. 
 
 173 
 
 or lay any sidewalk. He shall preserve in his office all records 
 and plats of surveys, and all books, papers and writings pertain- 
 ing to his office. 
 
 499. § 6. He shall acquaint himself wifh the original surveys 
 of tlie town and city, and shall, as far as practicable, provide him- 
 self with copies of the field notes of the original surveys; and 
 shall make*his surveys in accordance therewith; and he shall note 
 all errors or discrepancies in the original surveys, or re-surveys 
 as soon as discovered. 
 
 500. § 7. He shall, upon finding or establishing the boundary 
 of any lot or tract surveyed, plant a substantial stake or stone at 
 each corner thereof, and give to the owner or person employing 
 him, if required, a certificate, stating the date, and, as far as prac- 
 ticable, the metes and bounds of the survey; and he shall record 
 all such surveys in a suitable book, stating the date of the survey, 
 for whom made, and describing, as far as practicable, the metes 
 and bounds thereof. 
 
 CHAPTER IX. 
 
 CITY SUPERINTENDENT OP STREETS. 
 
 Section. 
 
 1. Superintend street improvements. 
 
 2. Procure materials, etc. 
 
 .3. Keep account of property in his charge. 
 
 4. Keep account of expenditures. 
 
 Section. 
 
 5. Report to Council. 
 
 6. Keep sidewalks in repair. 
 
 7. Enforce ordinances relating to streets, 
 
 etc. 
 
 501. § 1. The City Superintendent of Streets, except where by 
 the Council it is otherwise specially ordered, shall superintend all 
 improvements ordered by the City Council upon the streets and 
 alleys, and make all necessary repairs thereof, but no improve- 
 ment or repair, except such as may be actually necessary, shall be 
 made without the order of the City Council; and he shall, without 
 delay, cause all breaks in any planked street or alley, bridge, cul- 
 vert, apron, or street crossing, or other insecure or unsafe place, 
 to be repaired, and report the cost thereof to the City Council for 
 allowance; and when the probable cost of any repair shall exceed 
 twenty-five dollars, the same shall be made only with the concur- 
 rence of the committee on streets. 
 
 502. § 2. He may procure the necessary implements for per- 
 forrnifig street work, or materials for bridges, culvei ts or cross- 
 walks, but he shall purchase no implements or materials without 
 
174 
 
 REVISED ORDINANCES. 
 
 making his written requisition to the street committee, and get- 
 ting tlieir order therefor. When he shall purchase any imple- 
 ments on account of the city, he shall immediately report the bill 
 thereof to the City Clerk, who shall charge him with the same at 
 cost. He shall cause all implements belonging to the city to be 
 legibly marked or branded with the letters “C. G.” 
 
 503. § 3. He shall keep a correct list and account? of all im- 
 plements, materials and other property of the city in his charge, 
 and shall be accountable therefor; and shall deliver the same to 
 his successor in office, taking his receipt therefor, which he shall 
 file with the City Clerk, who shall credit him with the same and 
 charge his successor therewith. 
 
 504. § 4. He shall keep, in an appropriate book, and in such 
 manner as he may be required by the committee on finance, a 
 plain and accurate account of all expenditures made under his 
 supervision, specifying to whom made and for what purpose, 
 which shall at all times be open for inspection, and at the expira- 
 tion of his term of office, be deposited with the City Clerk. He 
 shall examine all accounts of contractors and others for work 
 pertaining to his department, or for implements or materials fur- 
 nished therefor, and, if correct, shall certify the same to the City 
 Council. 
 
 505. § 5. He shall, at the regular meeting in each month, 
 report to the City Council a statement of all the expenditures 
 under his supervision for the preceding month, specifying the 
 purpose of such expenditures, and, if required, the person to 
 whom made. No account presented or certified shall be allowed, 
 or warrant issued thereon, unless it shall be so rendered as to 
 show to what account it is chargeable. 
 
 50G. § 6. He shall see that all side- walks are kept in safe 
 
 condition, and report each month to the Council all walks that 
 are unsafe but not worth repairing. 
 
 507. § 7. He shall cause all ordinances in relation to the 
 
 streets and alleys and sidewalks to be enforced, and shall prose- 
 cute all violations thereof. He shall obey all such orders, gen- 
 eral and special, as he may receive from the Mayor, City Council 
 or the committee on streets and alleys. 
 
REVISED ORDINANCES. 
 
 175 
 
 CHAPTER X. 
 
 CITY INSPECTOR. 
 
 Section. i Section. 
 
 1. Shall have charge of wood and coal 3. Keep account of his business. 
 
 yard. ! 4. Give certiflcates. 
 
 2. Attend to measuring wood and weigh- 5. Test his scales monthly. 
 
 ingcoal. | g Certain persons disqiialified. 
 
 508. § 1. The City Inspector shall have the charge of the 
 public wood and coal yard, which is hereby declared to be lots 
 numbered ten (10), fourteen (14) and fifteen (15), in block twen- 
 ty-four (^4), and shall be known as the “City Wood and Coal 
 Yard,” and upon the northwest corner of which shall be located 
 the city scales and scales building. 
 
 509. § 2. The City Inspector shall keep the city scales 
 always in good order and accurate in weight, and shall attend the 
 same for the liccommodation of the public at all reasonable hours 
 of the day, so that no unreasonable delay shall be caused to any 
 one desiring to weigh; and shall give like prompt attention to the 
 measurement of wood, for which the said Inspector shall be en- 
 titled to a fee of ten cents per load, to be paid on delivery of his 
 certificate to the party for whom such weighing or measuring is 
 done (except for measuring wood and coal for use of schools and 
 churches of the city and other public uses, for which the inspec- 
 tor shall receive no fee); and for any default by said Inspector in 
 this respect, he shall be liable to a penalty of five dollars, one- 
 half to inure to the benefit of the party injured. 
 
 510. § 3. The City Inspector shall keep an accurate account 
 in a book provided by the city, of all his business as City Inspec- 
 tor, of all fees received, and from whom, and make monthly to 
 the Council, at each regular meeting thereof, a detailed report of 
 the business of the preceding month. He shall at the time of 
 making his annual report, pay over to the city such part, if any, 
 of the receipts of his office as may be in excess of the salary 
 fixed by ordinance and present the Treasurer’s receipt for the 
 same to the City Council. 
 
 511. § 4. The City Inspector shall, upon payment of the 
 proper fee, give to the person entitled thereto, a certificate of the 
 weight or measurement of his hay, wood or coal, which certificate 
 shall be written with ink, or partly written with ink or partly 
 printed, and shall not be considered complete unless the Inspec- 
 tor shall have certified the net weight or measurement of the arti- 
 cle weighed or measured, and the number of bushels. 
 
 512. § 5. The Inspector shall test the accuracy of his scales 
 monthly, and oftener if he has cause to think them inaccurate. 
 
176 
 
 REVISED ORDIXAXCES. 
 
 He shall keep them in good order and cause them to be repaired 
 when needed; but no expense exceeding five dollars shall be in- 
 curred without the consent of the Ma^’or. 
 
 513. § 6. Xo person shall be appointed or be competent to 
 
 fill the office of City Inspector who shall, directly or indirectly, 
 follow the business of buvingr, selling or deliverinof ha\% wood or 
 coal. 
 
 CHAPTER XI. 
 
 CITY PHYSICIAN. 
 
 Section. ' Section. 
 
 1. Duties defined. Furnish medicines, etc., at his own 
 
 expense. 
 
 514. § 1. The City Physician shall be a legally.licensed phy- 
 sician and surgeon under the laws of this State, and it shall be 
 his duty to attend all cases of sickness or injuries where the 
 party needing medical or surgical aid is unable to employ a phy- 
 sician or surgeon, upon the order of the Mayor, any Alderman, 
 the Commissioner of Health, Cit}’- Marshal, or Poormaster; or in 
 case of danger from delay in obtaining such order, said physician 
 may attend the patient, but shall immediately report the case to 
 the Poormaster, and shall thereafter be subject to his direction as 
 to future professional attendance. 
 
 515. § 2. The City Physician shall, at his own expense, fur- 
 nish all medicine and surgical appliances needed for any patient 
 attended by him, and shall report the expense thereof, and the 
 City Council may, at its discretion, allow to said physician the 
 whole or any portion of said expense. 
 
 CHAPTER XII. 
 
 SUPERINTENDENT OF STREET LIGHTING. 
 
 Section. Section. 
 
 1. Duties defined. 2. Employ assistants. 
 
 516. § 1. The Superintendent of Street Lighting shall, under 
 the direction of the Mayor and Committee on Street Lighting, 
 superintend, care for, properly clean, repair and attend to the 
 lighting of all street lamps, exce]it gas lamps, keep them at all 
 
lx‘K VISED ORDINANCES. 
 
 177 
 
 times in the best possible condition, and perform such other 
 duties in relation to the same as the Mayor or Committee on 
 Street Lighting’ shall, from time to time, require of him. 
 
 517. § 2. The Superintendent of Street Lighting shall, with 
 
 the approval of the Mayor and Committee on Street Lighting, 
 employ, from time to time, such assistarits not exceeding three in 
 number, as may be necessary to assist in lighting said lamps, said 
 assistants to receive not exceeding ten dollars per month. 
 
 CHAPTER XIII. 
 
 SEALER OF WEIGHTS AND MEASURES. 
 
 Section. 
 
 1. Appointment of. 
 
 2. Shall give bond. * 
 
 8. Shall keep office — isBue certificateB, 
 etc. 
 
 Section. 
 
 4. Shall test weights, etc., on request. 
 
 5. May condemn weights, etc. 
 
 6. Fees for sealing, etc. 
 
 7. Penalty for obstructing, etc. 
 
 518. § 1. There shall be appointed annually by the Mayor, 
 with the advice and consent of the City Council, a Sealer of 
 Weights and Measures. 
 
 519. § 2. Such person so appointed shall give bond to the 
 city in the penal sum of $500, with good and sufficient security, 
 to be approved by the City Council, conditioned for the faithful 
 performance of the duties of his office. 
 
 520. § 3. It shall be the duty of the Sealer of Weights and 
 Measures to keep an office within the city, and to designate by 
 card, or in some public manner, the days in each week, and the 
 hours of the day, when he may be found in his office. He shall 
 once in each year, between the first day of May and the first day 
 of October, inspect in the place where they are situate, and test 
 the accuracy of all weights, measures, balances, scales, beams and 
 all other instruments or things, used for measuring or weighing 
 any article for sale within the city, and stamp with a suitable 
 stamp or seal, all such scales, weights, measures, instruments or 
 things which he may find to be correct, and deliver to the owner 
 thereof certificates of their accuracy. The stamps or seals used 
 by him shall indicate the date of the inspection made by him, and 
 that the measure, scale or instrument on which it is placed is cor- 
 rect. Said Sealer shall on request inspect all city scales without 
 charge. 
 
 521. § 4. It shall be the duty of said Sealer, whenever com- 
 plaint is made to him by any person interested, or whenever he 
 
 12 
 
178 
 
 REVISED ORDINANCES. 
 
 may have reason to believe, that any weight, measure scale, bal- 
 ance or other instrument, used in measuring or weighing in said 
 city is incorrect, or whenever thereto requested by the owner of, 
 or person using, any such, to inspect and test the same, without 
 regard to the date of any previous inspection. 
 
 522. § 5. If, upon examination, said Sealer shall find any 
 weight, measure, balance, beam or other instrument or thing to 
 be incorrect or untrue, he shall condemn the same and forthwith 
 notify the owner or user thereof; and the use of any weight, 
 measures, balance, scale or other instrument or thing so con- 
 demned, is hereby prohibited until the same shall have been cor- 
 rected and sealed by the Sealer, under a penalty of not less than 
 five dollars nor more than ten dollars for each offense. 
 
 523. § 6. The said Sealer of Weights and Measures may 
 charge and be entitled to receive for his services, in addition to 
 his salary the following fees; For sealing and marking every 
 beam, ten cents ; for sealing and marking measures of extension 
 at the rate of ten cents per yard, and not to exceed fifty cents for 
 any one measure ; for sealing and marking every weight, five 
 cents; for sealing and marking liquid or dry measures, if the same 
 be of the capacity of one gallon or more, ten cents, or less than a 
 gallon, five cents. He shall also be entitled to charge and receive 
 a reasonable compensation for making such weights and measures 
 conform to the legal standard ; which fees shall be paid by the 
 owner or user of such weight, measure, scale or instrument, in all 
 cases where such weight, measure, scale or instrument shall be 
 found inaccurate; and in all cases where the examination shall be 
 made by request and no inaccuracy be found, the fee shall be 
 paid by the parties making the request : Provided^ however^ that 
 for making the annual inspection herein provided for, he shall 
 receive no fees. 
 
 524. § 7. Said Sealer shall during business hours have access 
 to all rooms or places where any scales, weights, or measures used 
 for weighing or measuring ai-e kept ; and any person refusing 
 upon demand to exhibit to said Sealer any and all weights, meas- 
 ures, scales, beams, balances or other instruments or things used 
 or owned by him, or who shall in any manner hinder or delay 
 said Sealer in the performance of any of his duties herein pre- 
 scribed, shall be liable to a penalty of not less than ten dollars 
 nor more than one hundred dollars. 
 
REVISED ORDINANCES. 
 
 179 
 
 CHAPTER XIV. 
 
 INSPECTOR OF MINERAL OILS. 
 
 S€^CtzOTh» 
 
 1. Appointment of. 3_ Compensation of. 
 
 2. Shall give bond. 
 
 525. § 1. There shall be appointed by the Mayor, with the 
 advice and consent of the City Council, an Inspector of Mineral 
 Oils, who shall hold his office for the term of one year. 
 
 526. § 2. Such Inspector shall give bond to the city, with 
 good and sufficient security to be approved by the Council, in the 
 penal sum of $500, conditioned for the faithful performance of his 
 duties as such officer. 
 
 527. § 3. He shall receive for compensation ten cents for 
 inspecting and branding each barrel, cask or package, to be paid 
 by the party requiring such inspection. 
 
 CHAPTER XV. 
 
 POUND MASTER. 
 
 Section. 
 
 1. Creating office of. 
 
 2. Shall give bond, etc. 
 
 528. § 1. That the office of Pound Master in and for the city 
 is hereby created, which office shall be filled by appointment of 
 the Mayor with the advice and consent of the City Council. 
 
 529. § 2. Such Pound Master shall hold his office for the 
 term of one year, and before entering upon the duties thereof he 
 shall give bond to the city in the penal sum of $100, with suffi- 
 cient security, to be approved by the Council, conditioned for the 
 faithful performance of his duties as such. 
 
 530. § 3. The duties and compensation of such Pound Mas- 
 ter shall be as described in the chapter entitled “Animals,” of 
 this ordinance. 
 
 Section. 
 
 3. Duties — compeusation of. 
 
180 
 
 REVISED OR D I X A N C- E S . 
 
 CHAPTER XVI. 
 
 POORMASTER. 
 
 Section. i Section. 
 
 1. Shall have charge of paupers. j 3 Shall notify City Physician; employ 
 
 2. Shall exercise powers, etc., of Town i additional counsel, etc. 
 
 Overseer, etc. ' 
 
 531. § 1. The Poormaster shall have sole care and oversight 
 of all paupers in the city and town embraced within the limits of 
 the city of Galesburg. 
 
 532. § 2. The Poormaster shall exercise the powers and 
 duties of a Town Overseer of the Poor as prescribed by the statute 
 concerning paupers, and in addition thereto shall assist, at the 
 expense of the city, under such restrictions as the Council may 
 make, from time to time, by resolution, only such persons as he 
 deems it unadvisable to send to the county poor-house, and who, 
 in his judgment, are not properly a county charge. 
 
 533 . § 3 . It shall be the duty of the Poormaster, in all cases 
 where medical or surgical aid shall be required by persons enti- 
 tled to receive such aid at the expense of the city or county, to 
 notify the City Physician. In cases where the City Physician 
 cannot be had, or when, in the judgment of the Poormaster, addi- 
 tional counsel or other assistance is necessary, he shall have power 
 to call on any other physician to render the requisite aid, and such 
 physician so called, shall be entitled to reasonable compensation 
 to be paid by the city in cases properly chargeable to the city ; 
 and the city shall not be held liable for any medical aid rendered 
 any person, unless the aid is rendered by the direction of the 
 Poormaster ; except in cases where the aid was necessarily ren- 
 dered before notice could be given to the Poormaster. 
 
REVISED ORDINANCES. 
 
 181 
 
 CHAPTER XVII. 
 
 POLICE DEPARTMENT. 
 
 Section. 
 
 1. How coustitutecl. 
 
 'i. Appointmeut and removal of police- 
 men. 
 
 3. Appointmeut of special policemen. 
 
 4. Mayor to have supervision of police. 
 
 5. Duties of City Marshal. 
 
 6. Marshal custodian of property for use 
 
 of department, etc. 
 
 7. Appointment without pay of special 
 
 police for corporations, etc. 
 
 8. Powers of the police. 
 
 9. Person arrested in night-time or Sun- 
 
 day may give l)ail to officer— form of 
 bond. 
 
 Section. 
 
 10. City Marshal, with consent of Mayor, 
 
 shall establish rules, etc. 
 
 11. Penalty for officers violating this chap- 
 
 ter. 
 
 12. Officers may call on inhabitants to 
 
 assist, etc. 
 
 13. Party arrested may give recognizance. 
 
 14. City prison. 
 
 15. Marshal to have charge of prison. 
 
 16. Marshal to keep record of prisoners. 
 
 17. Prison fee. 
 
 18. Conservators of the peace. 
 
 19. Judgment of commitment. 
 
 534. § 1. There sliall be, and hereby is established, a Police 
 Department, to consist of the Mayor, City Marshal, and such 
 policemen as are now or may hereafter be appointed. 
 
 535. § 2. The Mayor, by and with the approval of the Coun- 
 cil, shall appoint a City Marshal and not to exceed six policemen, 
 who may be removed by him at any time for cause, or by the City 
 Council at any time without cause ; and such Marshal and police- 
 men shall constitute the regular police of the city. In case any 
 such removal be made by the Mayor, he shall report the same, 
 with his reasons therefor, to the Council at its next meeting ; and 
 unless the Coimcil approve the action of the Mayor, such police- 
 man shall thereupon be reinstated, but shall receive no pay for 
 the time durino; which he has been so removed. 
 
 536. § 3. The Mayor may also appoint, in case of an emer- 
 gency, such number of special policemen as in his judgment the 
 public good may re<{uire, and such special policemen shall, when 
 on duty, possess the same authority and powers as regular police- 
 men ; but such special policemen shall not remain on duty for a 
 longer jieriod than the day of the next meeting of the City Coun- 
 cil, unless the term be extended by the Council at such meeting. 
 
 537. ^ 4. The Mayor shall have the general supervision and 
 control of the police, and shall, from time to time, make such 
 regulations touching their duties under the ordinances as to him 
 shall seem best for the maintenance of order, and for the due ob- 
 servance of the ordinances of the city. He shall require of the 
 police a strict performance of their duties, and in case of neglect 
 or refusal of any policeman to perform his duty, or in case of 
 drunken or riotous or other improper conduct on the part of any 
 
182 
 
 It E V I S E D O K D I N A N ( ' E S . 
 
 })oliceinan, it shall be his duty to forthwith remove such police- 
 man and appoint a substitute, if necessary, which substitute shall 
 be invested with all the powers and authority of a regular police- 
 man, and receive therefor the same compensation until the next 
 meeting of the City Council. 
 
 538. § 5. The City Marshal shall be the chief of the city 
 police, subordinate only to the Mayor, or Council when in ses- 
 sion. It shall be his duty to collect all dues owing to the city, 
 not within the province of the Treasurer or Superintendent of 
 Streets to collect ; he shall see that the sidewalks, streets, alleys 
 and other avenues of the city are kept free from rubbish, boxes 
 and other impediments, and that all ordinances are strictly ob- 
 serveel, and that all policemen properly perform their duties. It 
 shall also be his dutv, at the hrst meetino; of the Council each 
 month, to report the number of days and nights each police- 
 man has been on service the previous month, and shall report 
 all arrests made during the month, the names of the parties 
 arrested, upon what charge, whether tried, and if so, before 
 whom ; whether fined, and if so, how much ; whether paid in 
 whole or part, how much, and in what manner ; if the party was 
 committed to prison, when, and by whom -discharged; which 
 report shall be verified by his oath. 
 
 53‘J. sj 6. The City Marshal shall be the custodian of all 
 property provided by the city for the use of the police depart- 
 ment, and shall issue and receive the same as the City Council 
 mav direct. He shall also be the custodian of all stolen o-oods or 
 
 %j O 
 
 other property received and retained under police authority. He 
 shall provide, at the expense of the city, stars for the regular 
 police, numbered and inscribed, “Police, City of Galesburg;” 
 likewise, stars for all special policemen, similar to those worn by 
 the regular members of the force, each of which shall be num- 
 bered and engraved thereon the words, “ Special Police, Gales- 
 burg,” and each special policeman and policeman on the regular 
 force, when assuming his office and property of the city connected 
 with said office, shall be charged therewith on the books of the 
 department, and when he is called upon to surrender the same 
 office, he shall return each and every article he has been so 
 charged with, and in the event, all or any of such articles are not 
 returned to the City Marshal, the value of such articles not re- 
 turned shall be deducted from any money which may be due him 
 from the city. 
 
 54:0. § 7. The Mayor and City Council may, on application 
 
 being made to them, appoint any suitable person in the employ 
 of any corporation, association, individual or firm, a special 
 policeman, in and for the city. Such special policemen shall have 
 
REVISED O R D I X A X C E S . 
 
 183 
 
 all the qualifications required in the case of regular policemen. 
 They shall take and subscribe the same oath and exercise the 
 same powers, and be subject to the rules and regulations of the 
 police department, so far as the same may be applicable to them: 
 Provided^ ho(i^eo(^i\ that such special policemen shall not be paid 
 anything by the city for their services as policemen, unless called 
 upon by the Mayor to assist the regular force, when, in such case, 
 they may be paid not to exceed the amount per day paid for like 
 services performed by other special policemen. Any special 
 policeman so appointed shall not perform any official duty with- 
 out his star as provided in this section. 
 
 odl. § 8. All members of the police department and all con- 
 stables of the city shall have power and authority, without war- 
 rant, to enter, demand for admission having first been made, any 
 building whatever, except a dwelling house, where such officer 
 shall see a violation of any ordinance being carried on, and not 
 otherwise. And any dwelling house, in case they have just cause 
 to suspect that any felony has been, is being, or is about to be 
 committed, and to (uiter any building with warrant for felony 
 or violation of any city ordinance, demand for admission having- 
 first been made; and the officers making the arrdlst shall forthwith 
 take the arrested person or persons before a Magistrate to be 
 dealt with according to law and the ordinances of the city: Pro- 
 mded^ if such arrest be made in the night time or on Sunday, the 
 officer or officers making the arrest may commit such person or 
 persons so arrested for examination to the city prison or cala- 
 boose, and there detain him or them over night or Sunday, 
 until an examination can be had before some proper magistrate; 
 which examination shall l)e had at the earliest practicable oppor- 
 tunity, unless bail be given as provided in this chapter, and any 
 of said arrests may lx; made on Sunday as well as upon any other 
 day. 
 
 542. ^ 0. Any person arrested without warrant in the night- 
 
 time, or on Sunday for any offense against the city ordinances, 
 shall have the right to release himself from custody by giving- 
 bail to the officer, with one or more good and sufficient sureties, 
 to be approved by the officer takiiig the bond, in a sum not less 
 than twenty-five nor more than four hundred dollars, for his 
 appearance before the proper magistrate at any time to be named 
 in said recognizance, which shall be as early as , practicable, to 
 answer for the offense for which he was arrested, which recogni- 
 zance shall be in substance as follows: 
 
 We, A. B. and C. D. hereby acknowledge ourselves jointly and 
 severally bound unto the City of Galesburg in the penal sum of 
 dollars, for the payment of which sum well and 
 
184 
 
 REVISED ORDINANCES. 
 
 truly to be made, we Idiid ourselves, our heirs, executors and 
 administrators: Provided^ that if the said A. B. shall 
 
 appear before magistrate at ... o’clock .. m., on the 
 
 . . . .day of A. D., 188. ., and pay whatever judgment may, 
 
 by said magistrate, be rendered against him for (naming the 
 oh’ense) for which he is now in custody, or render his body in 
 obedience to said judgment, then this obligation to be void; other- 
 wise to remain in full force and effect. 
 
 [seal.] 
 
 [seal.] 
 
 Said recognizance shall be returned by the officer taking it and 
 at the time named therein, or as soon thereafter as may reason- 
 ably be done, the magistrate may try the cause, whether the per- 
 son arrested be present or not. If he be not present, and the fine 
 not paid immediately, or the defendant delivered into custody, 
 the recognizance shall be forfeited: Promded^ that if the trial be 
 not at the time named in the recognizance, the defendants shall 
 have notice thereof. 
 
 543. § 10. The City Marshal, with the consent of the Mayor, 
 shall establish rules and regulations for the government of the 
 police, a copy of which rules shall be kept at the police station; 
 and it shall be the duty of the police to make themselves familiar 
 with such rules at once, after entering upon their official duties, 
 and they shall, in all respects, be bound to abide by and follow 
 them. 
 
 544. § 11. Any person now holding or appointed to any office 
 under the provisions of this chapter, who shall willfull}'^ violate 
 any ordinance or rules for the government of the police, or be 
 negligent or careless in the performance of his duties, shall, on 
 conviction, be fined not less than five nor more than fiftv dollars. 
 
 545. § 12. The Mayor, Marshal and every police officer shall 
 have power to call upon any inhabitant of the city to assist in 
 quelling any riotous or disorderly conduct, or to aid in the arrest 
 and safe keeping of any person accused of crime, or breach of 
 law or ordinance ; and any one so called who shall neglect or 
 refuse to give such aid or assistance, shall be subject to a fine 
 of not more than fifty dollars. 
 
 546. § 13. In all cases of arrest under any ordinance of this 
 city, the magistrate may permit the party arrested to go on recog- 
 nizance, with sufficient security entered and signed on his docket, 
 to such time as may be set for trial or an adjustment ; and if the 
 principal in said recognizance shall fail to appear before said 
 magistrate at the time named in said recognizance for his appear- 
 ance, said recognizance shall be, by said magistrate, declared for- 
 feited. 
 
liEVISED ORDINANCES. 
 
 185 
 
 547. § 14. The Ixiilding erected by tlie city on lots num- 
 bered one and two, in block number eighteen, on the west side of 
 Cherry street in the city of Galesburg, shall be and the same is 
 hereby designated as the city calaboose or prison, in which shall 
 be confined all such offenders as shall fail or refuse to pay any 
 fines or forfeitures rendered against them or shall fail or refuse to 
 give bail when arrested, to answer for any violation of any ordi- 
 nance of the city, or shall be subject to imprisonment under any 
 ordinance of the city. 
 
 548. § 15. The Marshal of said city shall have charge and be 
 the keeper of said prison, and with the consent of the Council, 
 and not otherwise, he may appoint a deputy or substitute for the 
 keeping thereof. He shall be responsible for the acts or omis- 
 sions of his said deputy, as though the acts or omissions were by 
 himself. Said deputy or substitute shall also be responsible for 
 his own acts or omissions, as though he were principal: Promded^ 
 that nothing in this section or any other ordinance contained, 
 shall prevent the Council from removing any stich deputy or sub- 
 stitute at pleasure, and appointing another in his stead. 
 
 549. § 16. It shall be the duty of such keejier to receive into 
 said prison all persons committed to the same by any Police 
 Magistrate, Justice of the Peace, or any person, by the statutes 
 of this State, or hereafter made a conservator of the peace, who 
 shall be charged with or convicted of the violation of any ordi- 
 nance of the city, or any breach of the peace. He shall keep a 
 register in which he shall enter the names of all persons com- 
 mitted, the time when and for what time and for what offense 
 committed, when and by what authority discharged, and such 
 other facts as he may deem necessary ; which book shall be care- 
 fully kept and at all times open to the inspection of the City 
 Council, or any member thereof. 
 
 550. § 17. In all cases of commitment the prison-keeper shall 
 be entitled to a fee of 25 cents for receiving and discharging the 
 prisoner, to be taxed with the costs against the defendant, and 
 collected as other fees are collected. 
 
 551. § 18. The Mayor, Aldermen, Marshal and regular and 
 s})ecial policemen shall be conservators of the peace ; as such 
 they shall have power to arrest, or cause to be arrested with or 
 without process, all persons who shall break the peace or be 
 found violating any ordinance of the city, or any criminal law of 
 the State. The Marshal or any regular or special policemen shall 
 have power, and it shall be their duty, to serve any warrant issued 
 for any violation of the ordinances of this city. 
 
 552. § 19. It shall be the duty of the court or magistrate 
 before whom any person shall be convicted of a violation of any 
 
186 
 
 K £ V I S E 1) O li D I N A N C E S . 
 
 city ordinance, or any part thereof, to order as a part of the judg- 
 rnent ol said conviction, that said person so convicted be com- 
 mitted to the calaboose or city prison until the fine, penalty and 
 costs imposed upon said person be fully paid j and every person 
 so committed shall be required to work at such labor as his 
 strength will permit, within and without said calaboose or city 
 prison, not to exceed ten hours each working day, and for such 
 work tlie person so employed or worked shall be allowed on said 
 fine, penalty and costs, exclusive of his board, the sum of fifty 
 cents for each day’s work. 
 
 CHAPTER XVIll. 
 
 FIKE DEPARTMETsT. 
 
 Section. 
 
 1. Establipbiiig tire de))artmeut aucl uain- 
 
 iug ufficerH thereof^ 
 
 2. Power of control iu cat-e of lire. 
 
 3. Prohibiting interference, etc. 
 
 4. Misconduct of members of department 
 
 — penalty for. 
 
 5. Chief may appoint assistants. 
 
 Section. 
 
 6. Care of i)it)perty of department, etc. 
 
 7. Duties of members of department. 
 
 8. May command assistance, etc. 
 
 9. Power to inspect houses, etc. 
 
 10. Manner of abating— penalty, etc. 
 
 11. Officers shall wear badges. 
 
 553. 1. There shall be a fire department which shall con- 
 sist of a chief enoineer and such assistants and firemen as shall 
 from time to time be determined upon by the City Council by 
 resolution. The chief eng'ineer and assistants shall be appointed 
 by the Mayor and approved by the City Council, and shall hold 
 their offices for the time specified in the order of their ap|ioint- 
 ment, but may be removed by the Mayor at any time for cause ; 
 and the firemen shall be employed from time to time b}" the chief 
 engineer with the approval of the Mayor. The compensation of 
 the chief engineer shall be at the rate of two hundred and fifty dol- 
 lars ])er annum, and the compensation of the assistants and fire- 
 men shall be fixed by resolution of the Council from time to time. 
 The Mayor shall, from time to time, designate the person upon 
 whom the temporary performance of the duties of chief engineer 
 shall fall in case of the absence or disability of the chief engineer, 
 and the chief engineer shall designate the proper persons for the 
 performance of specific duties. 
 
 554. § 2. The chief engineer,, or, in his absence, the assistant 
 first arriving, shall in all cases of fire, have sole and absolute con- 
 trol over all the members of the fire department, the apparatus 
 
REVISED ORDINANCES. 
 
 187 
 
 and machinery tlicrcol’, and in the alisence ol’ said engineers the 
 same powers and authority sliall be devolved upon the Mayor of 
 said city or any Alderman thereof. 
 
 555. § o. Any person who shall hinder or interfere with any 
 city officer or member of the fire department in the performance 
 of his duty, at, going to, or returning from any fire, or while 
 engaged about any duty ; or any person who shall knowingly 
 drive any wagon, dray or other vehicle on the hose, or shall in 
 any manner cut, deface, destroy, or injure any engine, hose or 
 other apparatus, machinery or thing belonging to said city, or any 
 portion of said fire company or department, shall be subject to a 
 penalty of not less than three nor more than one hundi’ed dollars 
 for each offense, and be liable for all damages done said property 
 thereby. 
 
 556. § 4. Any member of said fire department who shall fail 
 or refuse to discharge his duty under this or any or any other ordi- 
 nance of the city, or who shall, while on duty, act in a disorderly 
 or unbecoming mannei', or who shall fail or refuse to obey the 
 orders of any superior officer of said department shall be subject 
 to a penalty not exceeding ten dollars. 
 
 557. § 5. The chief engineer, or in his absence his assistants, 
 in cases of emergency, may appoint any number of assistants for 
 the time being, who shall have all the power and authority of said 
 chief or assistant engineers ; and all persons who shall repair to a 
 fire shall be obedient to the orders of said chief or other enofi- 
 neers, the Mayor or Alderman, Marshal or policemen in the dis- 
 charge of their respective duties; and in case any jierson shall fail 
 or refuse to perform such orders, shall be subject to a penalty 
 not less than three dollars at the suit of the city, 
 
 558. § 6, The chief engineer, or such assistant as shall be 
 named by the Council, shall take charge of all engines, ladders, 
 fire-hooks, and other fire apparatus belonging to said city, and 
 see that the same are kept in proper order and condition, and in 
 their places of deposit, which shall be the engine houses of the 
 city, when not in actual use or undergoing rejiairs ; and upon fail- 
 ure to keep the same in proper order, condition and place, he 
 shall be subject to a penalty not exceeding fifty dollars, and pay to 
 the city all damages occasioned thereby. If any person shall take 
 from said places of deposit any such apparatus, except under the 
 direction of the chief engineer, or on the alarm of fire, he shall 
 be subject to a jienalty of five dollars for each and every offense, 
 and five dollars for every twenty-foui‘ hours he shall neglect to 
 return the same to its proper place of deposit, after being notified 
 by the chief engineer or his assistants so to do, 
 
 559. § 7. The chief engineer and his assistants shall, upon 
 
188 
 
 KEVISED OEDINANCES. 
 
 notice of the breaking out of any fire in said city, repair imme- 
 diately to the place thereof, vigorously exert their authority and 
 use their best endeavor to extinguish the same, and prevent the 
 spreading thereof, and preserve and protect the property endan- 
 gered by the same. 
 
 560. § 8. During the continuance of any fire the chief 
 
 engineer and his assistants are hereby empowered to command 
 and require the services and assistance of any person for extin- 
 guishing the same, for removing household furniture, goods, 
 wares and merchandise endangered by the fire, except when for- 
 bidden by the owner or person in charge of the goods, to con- 
 trol and direct operations of persons concerned in extinguish- 
 ing the fire or removing property, as aforesaid, and to appoint 
 proper guards to take care of all property so removed ; and also, 
 with the advice of the Mayor and two Aldermen, to command and 
 require the services and assistance of any person for the pulling 
 down or blowing up of any house or other building, and to per- 
 form any other service for the purpose of extinguishing the fire 
 and prevent the spreading thereof, and also to suppress any 
 tumult or disorder that may arise during the continuance thereof. 
 
 561. § 9. The Mayor, chief engineer or any Alderman of said 
 city shall have power to inspect all stoves, fire places, and other 
 places in which fire may be kept in said city, and all stove pipes, 
 chimneys, funnels, or other apparatus therewith connected, for 
 the purpose of ascertaining whether the same are so fixed as not 
 to endanger the building in which^the same may be, or to which 
 the same may be attached, or to endanger any other building in 
 the city; notify the occupants to make all necessary repairs, and 
 see that the same are done within a reasonable time ; and any such 
 inspection shall be made on the request of any citizen at any time 
 for the purpose of ascertaining the safety thereof. 
 
 562. § 10. Whenever, in the opinion of the Mayor, chief en- 
 
 gineer, or of any Alderman, any stove, fire place, or other appur- 
 tenance for the conducting of smoke or heat from any such place, 
 is in such a state as to render the keeping of fire therein unsafe, 
 he is required to order the occupant of the building in which 
 the same may be, or with which the same may be connected, to 
 discontinue the fire therein, and make all necessary and proper 
 repairs to render the keeping therein of fire safe in the opinion of 
 said Mayor, chief engineer or Alderman inspecting the same, and 
 if any person shall make a fire therein and neglect to make such 
 necessary repairs, after being ordered so to do as aforesaid, the 
 occupant of any such building shall be subject to a penalty of 
 ten dollars for every twenty-four hours the same niay remain 
 without such repairs being made, and used as aforesaid : Pro- 
 
REVISED ORDINANCES. 
 
 189 
 
 vided^ however^ that any person feeling himself aggrieved by the 
 order or decision of the Mayor, chief engineer or Alderman, as the 
 case may be, may appeal therefrom to the City Council at the 
 first meeting thereof after notice aforesaid; but in all cases the 
 order of said Mayor, chief engineer or Alderman to discontinue 
 the making of fire therein, shall be complied with until the final 
 decision of the City Council on such appeal. 
 
 563. § 11- It shall be the duty of the chief engineer and his 
 
 assistants to wear badges of their office at all fires, which badges 
 shall show the name of the office held by the bearer. 
 
 CHAPTER XIX. 
 
 BOARD OP HEALTH. 
 
 Section. 
 
 1. Creating Board of Health. 
 
 2. Appointment of, etc. 
 
 .3. Mayor ex-officio, President of. 
 
 4. Council may prescribe duties of. 
 
 5. Commissioner of Health to have gen- 
 
 eral supervision of sanitary condi- 
 tion of city. 
 
 6. May enter buildings, etc. 
 
 7. May abate nuisance— method of. 
 
 8. Shall guard against contagious dis- 
 
 eases. 
 
 9. Shall visit cases of infectious diseases 
 
 —may remove to pest house, etc. 
 
 10. May compel vaccination — penalty. 
 
 Section. 
 
 11. May order house cleansed or closed, 
 
 etc. 
 
 12. May post placard in case of contagious 
 
 diseases — penalty for defacing or de- 
 stroying, etc. 
 
 13. Practicing physicians shall report con- 
 
 tagious disease. 
 
 14. Board of Health shall furnish pest 
 
 house. 
 
 15. Mayor may suspend action of Com- 
 
 missioner. 
 
 ; 16. Appeal to Board of Health. 
 
 17. Limiting expenditures of Board. 
 
 I 18. Commissioner to make report, etc. 
 
 564. § 1. The Boaid of Health shall consist of the Mayor, 
 Marshal, Overseer of the Poor, Superintendent of Streets, and 
 some competent and reliable physiciati to be annually appointed 
 by the City Council, who shall be known as the Commissioner of 
 Health. 
 
 565. § 2. Said Commissioner of Health shall be appointed 
 by the Mayor with the advice and consent of the City Council, 
 and shall hold his office for one year from the first of April of 
 each year, and until his successor shall be duly appointed and 
 qualified. 
 
 566. § 3. The Mayor shall be ex-officio the President of said 
 Board of Health. 
 
 567. § 4. The City Council may, from time to time, prescribe 
 the duties of said Board of Health. 
 
 568. § 5. Said Commissioner of Health shall have and exercise 
 a general supervision over the sanitary condition of the city, shall 
 give to the Mayor and other city authorities all such professional 
 
190 
 
 REVISED ORDIMAXCES. 
 
 advice and information as they may require concerning the health 
 of the city, and the preservation thereof, enforce all the laws of 
 this State and ordinances of the city relating to health, and 
 promptly abate all nuisances which may in any manner endanger 
 the health of the city. 
 
 569. § 6. Whenever said Commissioner of Health shall deem 
 it necessary for the proper discharge of the duties of his office so 
 to do, he shall have the right at any time between the rising and 
 setting of the sun, to enter into any dwelling house, store, stable 
 or other building, and cause the floor or floors to be raised in order 
 to a thorough examination of cellars, vaults, sinks or drains, or for 
 the purpose of other sanitary inspection of said building or build- 
 ings, such examination to be made without unnecessary injury to 
 said premises, and any owner, lessee or occupier of any such build- 
 ing, who shall refuse admission to such building when demanded 
 by said Commissioner of Health, for the purpose aforesaid, shall be 
 subject to a penalty of not less than twenty-five dollars; but upon 
 objection made to such action of the Commissioner, said Commis- 
 sioner shall suspend action until the objector can be heard by the 
 Board of Health, and said Board of Health shall have approved of 
 such action of the Commissioner. 
 
 570. § 7. Whenever the existence of an}" nuisance detrimental 
 or likely to become detrimental to the health of the city, shall 
 come to the knowledge of the Commissioner of Health, it shall be 
 the duty of said Commissioner, in case the Board of Health shall 
 so order, to forthwith cause a written notice, signed b}’^ said Com- 
 missioner, to be served upon the owner, occupant or agent of 
 said owner or occupant of the lot, building or premises in or upon 
 w"hich any such nuisance shall exist, or the person who may be 
 the owner or cause of any such nuisance, requiring him to abate 
 the same within such reasonable time as shall be named in said 
 notice, and if such owner, occupant or agent shall neglect to 
 comply with the requirements of such notice within such reason- 
 able time as is therein named, he shall be subject to a penalty of 
 not less than tw"o dollars for each day’s neglect so to comply, and 
 it shall be the duty of said Commissioner of Health to proceed at 
 once, after the expiration of the time named in said notice, to 
 cause such nuisance to be abated: Provided^ however^ that when- 
 ever the owner, occupant or agent of the owner or occupant of 
 any lot, building or premises where such nuisance exists, or the 
 owner or cause of such nuisance is unknown or cannot be found, 
 said Commissioner shall cause the same to be abated without 
 notice, and in either case the expense of abating the same shall 
 be collected by proper action in the name of the city from any 
 owner, occupant, agent or owner or cause of such nuisance, imme- 
 diately if known, or as soon as he may be discovered. 
 
REVISED ORDINANCES. 
 
 191 
 
 571. § 8. It shall be the duty of the Commissioner of Health 
 to make at all times a diligent inquiry as to the existence of any 
 malignant, pestilential or contagious disease, existing within the 
 limits of the city, or so near the city as to be likely to affect the 
 health thereof, and upon obtaining knowledge of the existence of 
 such disease he shall forthwith take measures to protect the city 
 from such disease, and in case of pestilence or epidemic disease, 
 or of danger from anticipated or impending pestilence or epi- 
 demic disease, or in case the sanitary conditon of the city 
 should be of such a character as to warrant it, it shall be the 
 duty of said Board of Health to take such measures, and to do 
 and order and cause to be done such acts for the preservation of 
 the public health, though not in this chapter or elsewhere, or 
 otherwise authorized, as they may in good faith deem the public 
 safety and health to demand. 
 
 572. § 9. It shall be the duty of said Commissioner of Health 
 to visit and examine if necessary, all persons sick, or supposed 
 to 'be sick with yellow fever, small-pox, cholera, scarlet-fever, 
 diphtheria or any infectious or pestilential disease, and with 
 the consent of a majority of the Board of Health, exclusive of 
 said Commissioner, to cause any such infected person who shall 
 on account of poverty or from any any other reason have no place 
 in the city where he may be properly cared for and treated, to 
 be removed to the pest-house hereinafter provided, or to such 
 other safe and proper place as he may think proper, not exceed- 
 ing three miles from the city, and cause such patient to be pro- 
 vided with a suitable nurse or nurses and medical attendance at 
 the expense of such patient if able to pay the same; but if not, 
 then at the expense of the city, and in case of the death of such 
 patient, said Commissioner shall see that he is decently and 
 promptly buried at the expense of the city, if the deceased person 
 did not leave sufficient means to defray the same. 
 
 573. § 10. The Board of Health may take such measures 
 as it may from time to time deem necessary, to prevent the 
 spread of the small-pox, by issuing an order in one or more city 
 newspapers, requiring all persons in the city or any part thereof 
 needing vaccination to be vaccinated within such time as it may 
 prescribe, and any person neglecting or refusing to obey such 
 order, shall be subject to a penalty of not less than five dollars ; 
 Provided^ that said Board shall provide for the free vaccination 
 of such persons as are unable to pay for the same. 
 
 574. § 11. Said Commissioner of Health may order any house 
 or other building or any premises to be cleansed, disinfected or 
 closed to visitors, and prevent any person resorting thereto while 
 any person is there laboring under any pestilential or infectious 
 
192 
 
 REVISED ORDINANCES. 
 
 disease, and the owner or occupant of said house, building or 
 premises shall, upon receiving a written order of said Commis- 
 sioner, proceed within a reasonable time named in said notice, 
 to cleanse and disinfect the same to the satisfaction of said Com- 
 missioner, and to close and keep closed, said house, building or 
 premises to visitors ; and any person violating the provisions of 
 this section shall be subject to a penalty of not less than five 
 dollars. 
 
 575. § 12. The Commissioner of Health shall cause a notice 
 printed in large letters to be placed upon any house in which any 
 person may be sick with any infectious, pestilential or contagious 
 disease, upon which shall be written the name of such disease; and 
 whoever shall deface, alter, mutilate, destroy or tear down such 
 notice, without permission of the Commissioner of Health, shall be 
 subject to a penalty of not less than ten dollars; and the occupant 
 of any house upon which said notice shall be placed as aforesaid 
 who shall know of the same being defaced, altered, mutilated, 
 destroyed or torn down, and shall not within twenty-four hours 
 after first knowing of the same, report the fact to the Commis- 
 sioner of Health, shall be subject to a penalty of not less than 
 five dollars. 
 
 576. § 13. Every practicing physician who shall have a patient 
 sick with any pestilential, contagious or epidemic disease, or any 
 person having care of such patient, in case there be no physician 
 in attendance, who shall neglect forthwith to report such case to 
 the Commissioner of Health, shall be subject to a penalty of not 
 less than ten dollars. 
 
 577. § 14. Said Board of Health shall, whenever it shall 
 deem it necessary, with the approval of the City Council, provide 
 and suitably furnish, in conformity with the provisions of section 
 9 of this chapter, at the expense of the city, a suitable pest-house 
 for removal thereto of any person affected with any pestilential, 
 contagious or epidemic disease. 
 
 578. § 15. The Mayor may at any time, upon written notice 
 to said Commissioner of Health, suspend any action, order or 
 proceedings of said Commissioner, whereupon said Commissioner 
 shall discontinue such action, order or proceedings. The Mayor, . 
 shall, upon such suspension at the request of said Commissioner, 
 immediately convene said Board of Health, when, if said Board, 
 by a majority vote of all the members of said Board, exclusive of . 
 the Mayor and Commissioner of Health, approve of the action of 
 the Mayor, such suspension of the action of said Commissioner 
 shall continue ; but if such majority shall not so approve of the 
 Mayor’s action, said Commissioner may proceed at once as if no 
 suspension had taken place. 
 
 / 
 
REVISED ORDINANCES. 
 
 193 
 
 579. § 16. Any person aggrieved by any order of the Commis- 
 sioner of Health, may make application to the Mayor to suspend 
 such action, and the Mayor shall have power to suspend such 
 order of the Commissioner in accordance with, and under the 
 conditions mentioned in section 15 of this chapter; but if the 
 Mayor shall refuse to suspend such action of said Commissioner, 
 then such person so aggrieved may appeal to the Board of Health 
 by giving notice of such appeal in writing to the City Clerk, who 
 shall thereupon notify each member of said Board then in the city, 
 and such Board shall upon such notice immediately meet and act 
 upon such appeal, giving the appellant the right to be heard, and 
 if said appeal shall, by a majority of said Board be sustained, then 
 said order of said Commissioner shall be no longer in force; but 
 the same shall be null and of no effect. 
 
 580. § 17. No expenditures of money or incurring of expense 
 to the city exceeding at any one time or for any one purpose the 
 sum of twenty-five dollars shall be made by said Commissioner of 
 Health without the consent of the Board of Health thereto first 
 obtained. 
 
 581. § 18. Said Commissioner of Health shall, at the regular 
 meeting of the City Council in the months of May, August, No- 
 vember and February in each year, make a report in writing to 
 said City Council, containing a detailed statement of the acts and 
 doings of the said Board of Health during the preceding quarter, 
 which report shall also contain a statement of all the moneys paid 
 out and expense incurred by said Commissioner and Board of 
 Health during the last quarter. 
 
 CHAPTER XX. 
 
 PUBLIC LIBRARY. 
 
 Section . 
 
 1. Public Library eetabliehecl. 
 
 2. Directors to provide rooms. 
 
 Section. 
 
 3. Injury to books, etc. 
 
 4. Directors may make rules and fix pen- 
 
 alties. 
 
 582. § 1. There is hereby established a free public library 
 and reading room for the city of Galesburg in pursuance of the 
 general laws of this State, which shall be known as the “Gales- 
 burg Public Library.” 
 
 583. § 2. The Board of Library Directors shall provide and 
 set apart a room or rooms for the reception of any books that 
 
 13 
 
194 
 
 REVISE I) ORDINANCES. 
 
 may be donated or procured for such library, until a permanent 
 location shall be otherwise provided. 
 
 584. § 3. Any person who shall willfully or maliciously cut, 
 write upon, injure, deface, tear or destroy any book, newspaper, 
 magazine or other thing of value belonging to said library shall 
 be subject to a penalty of not less than five dollars. 
 
 585. § 4. The Board of Directors of said public library shall 
 have power to make all rules necessary for the proper govern- 
 ment of said library, and may impose penalties for violation of 
 any established rules, not to exceed in any one instance, five dol- 
 lars. 
 
 CHAPTER XXL 
 
 ADDITIONS TO THE CITY. 
 
 Section. i Section. 
 
 1. Maimer ol' platting — coueeiit of Council, j 2. Copy to be left with City Council. 
 
 58(3. § 1. In any addition or sub-division of lots or blocks 
 
 hereafter to be made to or in the city, the proprietor shall so plat 
 and establish the same that the streets and blocks shall conform 
 to the established streets and blocks which such addition or sub- 
 division may adjoin; such streets to be continuous and straight 
 and of the same width : Provided., any desired change may be 
 made in these particulars by consent of the City Council, to whom 
 all the said plats and sub-divisions shall be first submitted, at a 
 regular meeting thereof, before recording the same, and any per- 
 son violating this section shall be subject to a penalty of not less 
 than ten nor more than one hundred dollars. 
 
 587. § 2. It shall be the duty of the City Engineer and Sur- 
 
 veyor, or other surveyor, who may make any plat of any addition 
 or sub-division to the city, to make out and leave with the city a 
 full and perfect copy thereof, to be made upon a scale and paper 
 corresponding with the like plats in the City Clerk’s office, and 
 any person violating this section shall be subject to a penalty of 
 five dollars. 
 
REVISED ORDINANCES. 
 
 195 
 
 CHAPTER XXII. 
 
 ANIMALS. 
 
 Section. 
 
 1. Cruelty to dumb auimale. 
 
 2. Fast driving. 
 
 3. Tying horses, etc., to fences, etc. 
 
 4. Leaving horse, etc., unsecirred. 
 
 5. Horses, etc., on sidewalks, ornamented 
 
 grounds, etc. 
 
 6. Permitting dangerous animal to go at 
 
 large. 
 
 7. Causing animals to escape or be im- 
 
 pounded. 
 
 Section. 
 
 8. Animals running at large. 
 
 9. To be impounded. 
 
 10. Pound Master to receive such animals. 
 
 11. Recording and posting notice. 
 
 12. Trial before magistrate. 
 
 13. Pine in such case. 
 
 14. Suffering dead animals to remain un- 
 
 buried. 
 
 15. Owner of such animals to be notified. 
 I 16. Cows not to wear bells. 
 
 588. § 1. Whoever shall be guilty of cruelty to any dumb 
 animal by over-loading, over-driving’, over- working, cruelly beat- 
 ing, torturing, tormenting, mutilating, or cruelly killing such 
 animal, or causing or knowingly allowing the same to be done; 
 or who shall cruelly work any old, maimed, infirm, sick or dis- 
 abled dumb animal, or cause or knowingly allow the same to be 
 done; or who shall unnecessarily fail to provide any dumb animal 
 in his charge or custody, as owner or otherwise, proper food, drink 
 and shelter; or who shall abandon any old, maimed or infirm, sick 
 or disabled dumb animal in his possession, as owner or otherwise, 
 shall be subject to a penalty of not less than five dollars. 
 
 589. § 2. Whoever shall rapidly or immoderately, ride or 
 drive any horse or mule, or other domestic animal, or any team, 
 in any street, may be stopped by any person, and shall be stopped 
 by any police officer, and shall, moreover, be subject to a penalty 
 of not less than three dollars. 
 
 590. § 3. Whoever shall, without the consent of the owner or 
 occupant of the premises, fasten any horse or other animal to any 
 fence, railing or tree, or to any boxing placed around any tree, 
 shall be subject to a penalty of not less than three dollars. 
 
 591. § 4. Whoever shall leave any horse or mule, or any 
 team in any uninclosed or public place without being properly 
 fastened, guarded or secured, to prevent it from running away, 
 shall be subject to a penalty of not less than three dollars. 
 
 592. § 5. Whoever shall lead, ride, or drive any team or 
 beast of any kind whatever, or permit the same to go upon any 
 sidewalk within the city, or upon any grass plat or ornamented 
 ground between the sidewalk and the roadway, shall be suliject 
 to a penalty of not less than three dollars ; Provided., that the 
 
196 
 
 REVISED ORDINANCES. 
 
 grass plat or ornamented ground herein mentioned shall have 
 been improved in the manner provided by resolution of the City 
 Council. 
 
 593. § 6. Whoever shall knowingly suffer or permit any dan- 
 gerous, unruly or mischievous animal, owned or kept by him, to 
 go at large in the city, to the danger or annoyance of any person, 
 shall be subject to a penalty of not less than five dollars. 
 
 594. § 7. Whoever shall willfully drive or entice any ani- 
 mal from bej^ond the limits of the city, into it, or shall let any 
 animal out of the enclosure in which it may be confined, for the 
 purpose in either case, of aiding animals to escape, or to take up 
 and impound the same, or to cause the same to be taken up and 
 impounded, shall be subject to a penalty of not less than five dol- 
 lars. 
 
 595. § 8. Whoever, being owner or keeper of any domestic 
 animal of the species of horse, mule, ass, cattle, sheep, goat, swine, 
 duck or goose, shall knowingly suffer the same to run at large, at 
 any time, within the city, shall be subject to a penalty of not less 
 than three dollars : Provided^ it shall not be contrary to the pro- 
 visions of this chapter to permit cows, giving milk, to run at large 
 south of a line beginning at the city limits east on Main street, 
 and running west to Pearl street, thence south on Pearl street to 
 South street, thence west on South street to the Chicago, Bur- 
 lington & Quincy Railroad track, thence southwest along the Chi- 
 cago, Burlington and Quincy Railroad track to Knox street, and 
 thence west on Knox street to the city limits; from 6 o’clock in 
 the forenoon, to 8 o’clock in the afternoon, from May 1st to Octo- 
 ber 31st inclusive, in each year : And provided^ further^ that it 
 shall be contrary to this chapter to drive any cow or cows over 
 or across said line for the purpose of pasturing within the city, 
 except upon an inclosed pasture. 
 
 596. § 9. All animals found running at large, in violation of 
 any of the preceding sections, shall be taken up by the city pound 
 master, and confined in the pound, or other place provided there- 
 for, until duly discharged therefrom as by ordinance provided. 
 And the pound master shall properly water, feed, and care for 
 such animals while in his custody. 
 
 597. § 10. The pound master shall receive such animals from 
 
 any other person, upon affidavit — which affidavit said pound mas- 
 ter shall file with the City Clerk — that the same have been taken 
 up while running at large, in violation of this chapter, and shall 
 impound the same, and treat them in all respects as if taken up 
 by himself : Provided^ that no such animal shall be so taken up 
 
 except by direction of some officer of the city, or of some house- 
 holder residing on the street where such animals shall be found at 
 large. 
 
REVISED ORDINANCES. 
 
 197 
 
 598. § 11. The pound-master shall, within twelve hours after 
 impounding' such animal or animals, leave a description of the 
 same in the office of the City Clerk, who shall make a record 
 thereof in a book for registering estrays, and post a notice thereof 
 at the street entrance to his office, for three days, unless the 
 owner or owners of said animal shall be sooner found. 
 
 599. § 12. If the owner or keeper of any such animal or ani- 
 mals shall not, within three days after the same has been so 
 posted by the Clerk, appear, pay the charges thereon and take 
 the same away, the pound-master shall make complaint before 
 any Justice of the Peace or Police Magistrate in the city. Such 
 complaint shall contain a reasonably accurate description of. such 
 animal or animals, together with the name of the owner or owners 
 thereof, if known, or if unknown, the complaint shall so state. It 
 shall thereupon be the duty of such magistrate, if the name or 
 names of such owners be known, to issue a summons to such 
 owner or owners to appear and show cause why such animal or 
 animals shall not be sold at public vendue to pay the costs and 
 charges thereon, including the costs and charges of proceedings 
 before such justice. Such summons shall contain a description of 
 such animal or animals, and shall, in the first instance, be return- 
 able at any time not less than two nor more than ten days there- 
 after; but personal service thereof shall be had at least one day 
 before trial. The party who took up, or caused such animal to 
 be impounded, shall be notified to appear and testify at the trial 
 of said cause, and in case he fails to do so, and the taking up be 
 adjudged wrongful, the costs of such proceedings may, in the dis- 
 cretion of the magistrate, be taxed against the pound-master or 
 other person who took up the same. If the name or names of 
 such owner or owners be unknown, or such summons be returned 
 endorsed “not found,” it shall be the duty of such magistrate to 
 prepare at least three notices, substantially like the summons 
 hereinbefore mentioned, to be directed to such unknovvn owner, 
 or person not found, in which notices shall be fixed a day for trial, 
 not less than ten days from the date of issuance and posting, which 
 shall be immediately delivered to the pound-master, who shall, at 
 least ten days before said day of trial, post the same in three of 
 the most public places in the city. Upon such trial day, if due 
 service of notice appear, the magistrate shall proceed to hear the 
 evidence, which shall include evidence as to the value of such 
 animal or animals. If such taking up be found lawful, and all 
 costs and charges be not paid, the magistrate shall render judg- 
 ment against each animal for the amount of costs and charges 
 properly taxable against the same, including the estimated cost of 
 keeping the same to the day of sale, and stating the value of each 
 
198 
 
 REVISED ORDINANCES. 
 
 animal as found by him upon the evidence. If said judgment or 
 any part thereof, shall remain unpaid on the day following, an 
 order of sale shall thereupon issue to the marshal, who shall pro- 
 ceed to sell the same at public vendue, to the highest bidder for 
 cash, first giving ten days’ notice of the time and place of sale, by 
 at least three notices, posted in three of the most public places in 
 the city, and if the value of such animal or animals, so found by 
 said magistrate, exceed 825, he shall also publish such notice at 
 least once in the official newspaper. At the time and place of 
 sale, if the costs and charges so assessed against one or more of 
 said animals be unpaid, the marshal shall sell the same as above 
 provided, and from and out of the proceeds of the sale of each ani- 
 mal shall, first, reserve and pay all costs, charges and assessments 
 thereupon levied, if sufficient there be, and if not, then pro rata^ 
 and the surplus if any, to the owner or owners, if known, on re- 
 quest, within ten days thereafter; if the owner be unknown, or 
 such surplus be not called for within ten days, he shall pay the 
 same to the City Treasurer, who shall keep it for one year, in a 
 separate fund, subject to the order of the proper owner, and there- 
 after it shall be put in the common fund. 
 
 600. § 13. The fees of justices shall be as near as may be 
 the same as in attachment cases for similar services. The fees of 
 the pound- master shall be, for taking up each animal and furnish- 
 ing description thereof to the City Clerk, 25 cents, and all neces- 
 sary and proper expenditures for feeding, watering and caring for 
 the same, together with the same fees for all other services as are 
 allowed constables for similar services in attachment cases, to be 
 paid out of the proceeds of the sale only. 
 
 601. § 1-4. Any person or persons who shall knowingly suffer 
 any dead animal belonging to him, to remain within the city, or 
 within one-half mile thereof, without being so buried as to pre- 
 vent it from becoming putrid or offensive to any person residing 
 within the city, shall be guilty of a nuisance, and shall be subject 
 to a penalty of not less than five dollars. 
 
 602. § 15. It shall be the duty of the City Marshal, and all 
 other members of the police department, to notify the owner of 
 such animal, if he can be found, and direct him, without delay, to 
 remove or bury the same. In case of refusal or neglect of such 
 owner or owners forwith to comply with such order, the marshal 
 shall cause the same to be buried, or said nuisance otherwise 
 abated, at the owner’s expense, if he can be found. If not, the 
 bill for any necessary services may be presented by said officer to 
 the City Council, for payment. 
 
 603. § 16. No owner of any cow shall permit the same to 
 wear a bell; and any person violating this section shall be subject 
 to a penalty of one dollar. 
 
REVISED ORDINANCES. 
 
 199 
 
 CHAPTER XXIII. 
 
 CEMETERIES. 
 
 Section. 
 
 1. Linwood Cemetery. 
 
 2. Sales of lots confirmed. 
 
 3. Prices of said lots. 
 
 4. City Clerk to keep account of sales. 
 
 5. Burial place for poor reserved. 
 
 6. Sexton — his appointment— duties. 
 
 7. Further duties of sexton. 
 
 8. Grave not to he dug in walk, etc. 
 
 Section. 
 
 9. Compensation of sexton. 
 
 10. Depth of graves. Walks not to be ob- 
 
 structed. 
 
 11. Bodies not to be removed from ceme- 
 
 teries without permission. 
 
 12. Depredations in cemeteries. 
 
 13. Permits for burial. 
 
 14. New cemeteries not to be established 
 
 without authority. 
 
 604. § 1. The premises conveyed to the city of Galesburg 
 by the Linwood Cemetery Association, by deed bearing date of 
 December 15, 1857, and any additions which may be made 
 thereto, shall be, and the same is hereby declared to be the public 
 burial ground of Galesburg, which shall be continued and known 
 as Linwood Cemetery. 
 
 605. § 2. The survey and plat of said grounds, as made and 
 recorded by the said cemetery association, is hereby approved 
 and confirmed, and all sales of lots made in said grounds on which 
 the purchase money has been paid, and all sales heretofore made, 
 in compliance with the terms of an ordinance of the city, as pub- 
 lished in December, 1869, are hereby approved and confirmed. 
 
 606. § 3. The prices of lots in said grounds shall be ten 
 dollars, one-half of which shall be paid down and the balance in 
 six months to the said City Clerk, who shall give the purchaser a 
 certificate, stating the payment of the said five dollars, the num- 
 ber of the lot, and that the purchaser will be entitled to a deed 
 for the same in six months, upon the payment of the remaining 
 five dollars; and when said purchase money shall all be paid, the 
 Mayor and Clerk shall make a deed for the lot to the proper 
 holder of the certificate. 
 
 607. § 4. It shall be the duty of the City Clerk to keep a sepa- 
 rate account in a book kept for that purpose, of all said sales and 
 payments, and as soon as any money is paid to him, he shall pay 
 the same over to the City Treasurer and take his receipt there- 
 for. 
 
 608. § 5. That so much of said cemeter}’' as is numbered 
 blocks 11, 12, 13, 14 and 15, shall be reserved for and appropri- 
 ated to the burial of poor persons and strangers, who may not 
 have other grounds provided for them, and the residue of the 
 lots or blocks of said cemetery shall be reserved for the use and 
 
200 
 
 REVISED ORDINANCES. 
 
 possession of' such families and persons, and such only, as have 
 heretofore, or shall hereafter, become the purchasers of the same, 
 to be used by them as places of burial for the dead, and for no 
 other use or purpose whatever, all of which shall be under the 
 control of said city, subject to the ordinances, rules and regulations 
 thereof; and all owners of said lots, or other persons, shall comply 
 with the same in the interment or removal of bodies, and in the 
 care, ornamentation and use of the grounds thereof, and no deed 
 or contract made with said city shall prevent the exercise of such 
 power on the part of the city. 
 
 609. ^ 6. The City Council shall appoint a sexton for said 
 cemetery, who shall hold his office at the pleasure of the Council. 
 Tt shall be his duty to take the entire charge, control and super- 
 intendence of said cemetery, subject to the order of the Council, 
 and preserve and keep in proper repair the fences and enclosures 
 of the same, so as to prevent its being entered by swine or other 
 animals; and also, as far as practicable, prevent the destruction 
 or defacing of any grave, grave-stone, tablets or monuments 
 placed or erected in said cemetery. It shall also be his duty to 
 point out to persons wishing to purchase, all lots for sale, and 
 notify the Clerk when and where any person has made a selection. 
 
 610. § ?. It shall be the duty of the sexton, on request of the 
 owner or person controlling any lot or part of lot in the cemetery, 
 to dig all required graves therein; to attend every interment in 
 person or by some competent deputy ; to fill up and neatly trim the 
 grave, immediately after depositing the coffin; to fill up and trim 
 the graves that have, or hereafter may settle or sink in ; to register, 
 in a proper book kept for that purpose, the names, ages and resi- 
 dences, so far as known, of all persons so buried therein, stating 
 the place where buried, which registry shall always be open to the 
 inspection of the Council, and of the public and persons inter- 
 ested therein without charge; he shall at all times keep the 
 walks, avenues and alleys in good order and open to each lot. 
 
 611. § 8. It shall be unlawful to dig any grave in any walk, 
 lane or avenue of said cemetery; and, in like manner, unlawful 
 for any person to dig any grave or bury any body in said ceme- 
 tery without consent of the sexton. 
 
 612. § 9. The sexton shall be paid such compensation as the 
 Council may from year to year determine, and it shall be lawful 
 for him to charge and collect of the person who shall employ him 
 to dig ,a grave, the sum of three dollars, except for children 
 under ten years of age, for which he shall charge but tw’O dollars, 
 in consideration of which he shall perform all the work about 
 said grave provided in section seven of this chapter; but nothing 
 in this chapter contained shall prevent anypersou from digging a 
 grave for any deceased person without charge. 
 
REVISED ORDINANCES. 
 
 201 
 
 613. § 10. All graves in any cemetery within the city shall 
 be dug at least five feet deep. All fencing, vaults or ornaments 
 placed by individuals on their lots, shall be so built and placed 
 as not to obstruct any walk, lane, or avenue or access thereto. 
 Any person violating this section shall, for each offense, be sub- 
 ject to a penalty of not less than five dollars. 
 
 614. § 11. It shall be unlawful to open or cause to be 
 opened, any grave, or take up or remove, or cause to be taken up 
 or removed, any body interred in any cemetery within this city, 
 without 'written permission from the Mayor; and then the removal 
 shall be under supervision of the sexton thereof. Any person 
 violating this section shall be subject to a penalty of not less than 
 twenty-five dollars. 
 
 615. § 12. Any person who shall willfully destroy, mutilate, 
 deface, injure, cut, break, loosen, tear up or remove any tomb, 
 monument, stone, ornament, fence, tree, shrub, flower, plant, 
 railing, building or object whatever in or about any cemetery, 
 or in any avenue, lot or part thereof, or shall shoot or discharge 
 any gun, pistol, or fire-arms or fire-works, or other missiles, within 
 the limits of any cemetery, or shall cause any shot or missile to 
 be discharged into or over any portion of any cemetery, or shall 
 violate any of the following rules — 
 
 First — All persons are required to conduct themselves while on 
 any cemetery grounds, in a decent and orderly manner; 
 
 Second — Each person shall have exclusive control of his or her 
 own burial plat; 
 
 Third — No person is allowed to drive any wagon or other 
 vehicle in any cemetery, except on the main carriage road; 
 
 Fourth — No person is allowed to take rough stone into any 
 cemetery for the purpose of dressing them on said cemetery 
 grounds; 
 
 Fifth — No person is allowed to pluck any flowers on any 
 cemetery ground, except on their own plats; 
 
 Sixth — No person shall use or frequent any cemetery for gam 
 bling, obscene or lewd purposes; 
 
 (Which said rules shall be plainly printed and placed at each 
 entrance to said cemetery) — shall be deemed guilty of a misde- 
 meanor, and shall, upon conviction thereof be subject to a penalty 
 of not less than five dollars nor more than one hundred dollars. 
 
 Nothing in the above section shall be construed as interfering 
 with the control of burial lots by the owners thereof. 
 
 616. § 13. It shall be the duty of the person having charge 
 of the burial of any dead person to procure a permit therefor 
 from tlie City Clerk; and any person violating this section shall 
 be subject to a penalty of not less than five dollars. 
 
202 
 
 REVISED ORDINANCES. 
 
 617. § 14. No new cemetery or burying ground shall be 
 established within the city without authority from the City 
 Council. 
 
 CHAPTER XXIV. 
 
 DEATHS. 
 
 Section. 
 
 1. City Clerk to keep register of; shall 
 
 keep and furnish blanks to pysicians, 
 etc. 
 
 2. Shall issue certificates of deaths and 
 
 burial permits. 
 
 618. § 1. The City Clerk shall provide and keep a suitable 
 book for registry of all deaths within the city limits; and also 
 provide and keep constantly on hand for use of physicians and 
 accouchers practising in the city, printed blank certificates of 
 death, which shall at all times be furnished to such physicians, 
 accouchers and acting coroners on request, without charge 
 therefor. 
 
 619. § 2. The Clerk shall promptly record in said book the 
 substance of all certificates of death furnished him by physicians, 
 accouchers and acting coroners, filing and preserving the origi- 
 nals; and upon receipt of each such certificate of death, shall 
 sign and issue a burial permit or permission to remove the 
 corpse from the city for burial, as may be desired. The Clerk 
 shall carefully preserve such book of registry and such cer- 
 tificates, and keep the book at all proper times open to public 
 inspection. 
 
 620. § 3. All such physicians, accouchers and acting coro- 
 ners shall immediately certify to said clerk all deaths of persons 
 upon whom he or she was professionally attendant, within the 
 city; stating in each certificate of death, the cause of death, 
 name, age, and residence of the deceased, so far as known, and 
 if unknown, so certifying. 
 
 621. § 4. When any death shall take place, no physician or 
 accoucher having been professionally attendant, the same shall be 
 reported immediately to the City Clerk by the parent of the de- 
 ceased; or, if none, by the nearest of kin; or, if none, by the res- 
 ident householder where such death shall occur; and thereupon 
 the City Clerk shall notify the City Physician, who shall examine 
 
 Section. 
 
 3. Physicians, etc., shall certify to Clerks 
 
 all deaths. 
 
 4. When no physician present. Certifi- 
 
 cate how obtainable. 
 
 5. Burial without permit unlawful. 
 
 6. Penalty for, etc. 
 
REVISED ORDINANCES. 
 
 203 
 
 into the cause of death, and if he deems it advisable, may cause 
 the City Clerk to sign and issue a burial permit or permission to 
 remove from the city for burial. 
 
 622. § 5. It shall be unlawful at any time hereafter, either 
 to bury any person within the city limits, or to remove from the 
 city for burial the body of any deceased person, without a written 
 permit from the City Clerk. 
 
 623. § 6. Any person violating either provisions of this 
 chapter shall be subject to a penalty of not less than five dollars, 
 nor more than twenty-five dollars, for each offense. 
 
 CHAPTER XXV. 
 
 DOGS. 
 
 Section. I Section. 
 
 1. Trespassing, may be killed. I 2. Mad dogs. 
 
 624. § 1. Any dog found trespassing and doing damage upon 
 private premises, or worrying any animal of another at a place 
 where the same shall lawfully be, or attacking and attempting to 
 injure any person, or frightening any team, traveling or being in 
 or upon any street or other public place in the city, may then and 
 there lawfully be shot or otherwise killed by any person. 
 
 625. § 2. The Mayor may, from time to time, whenever in 
 his discretion the public safety may require it, prohibit by notice 
 in a public newspaper, all dogs not securely muzzled from run- 
 ning at large within the limits of the city, and may appoint depu- 
 ties with authority to kill all dogs running at large within the city; 
 and such prohibition may continue so long as the public safety, 
 in the opinion of the Mayor, may require; and such prohibition 
 shall remain in force until the Mayor shall give public notice of 
 the discontinuance thereof. 
 
204 
 
 REVISED ORDINANCES. 
 
 CHAPTER XXVI. 
 
 DRAM SHOPS. 
 
 Section. 
 
 1. Selling liquor without license. 
 
 2. Application— bond— rate of license. 
 
 3. License not transferrable — sale of li- 
 
 quors confined to one room. 
 
 4. Sale of liquors to minors or intoxicated 
 
 persons. 
 
 5. Giving away of liquors. 
 
 Section. 
 
 6. Keeping dram shops open on Sunday, 
 
 etc. 
 
 7. Games prohibited. 
 
 8. Obstructing view from street. 
 
 9. Prosecution— evidence. 
 
 10. Suspension and revocation of license. 
 
 626. § I. Whoever, not having a license to keep a dram shop, 
 shall by himself or another, either as principal, agent, clerk or 
 servant, directly or indirectly sell any intoxicating liquor, in any 
 less quantity than one gallon, [or in any quantity to be drank 
 upon the premises, or in or upon any adjacent room, building, 
 yard, premises or place, or place of public resort] or whoever 
 having such license, shall sell any intoxicating liquor contrary to 
 the conditions of such license, shall be subject to a penalty of not 
 less than fifty dollars for each and every offense. 
 
 627. § 2. Before such license shall issue application shall be 
 made to the City Council in writing, stating particularly the time 
 for which such license is desired, and the place where it is intended 
 to locate the dram shop for which said license is sought, desigtia- 
 ting the room where said dram shop is to be located Such ap- 
 plication shall be accompanied by a bond in the penal sum of 
 three thousand dollars, payable to the People of the State of Illi- 
 nois, with at least two good and sufficient sureties, freeholders of 
 the county of Knox, to be approved by the City Council and con- 
 ditioned that such applicant will pay to all persons all damages 
 that they may sustain, either in person or property, or means of 
 support, by reason of the person so obtaining a license selling or 
 giving away intoxicating liquors. The sum to be paid for such 
 license shall be at the rate of six hundred dollars per annum, and 
 shall be paid quarterly in advance, and all such licenses shall ex- 
 pire on the first day of May in each year, but no license shall be 
 granted for a less period than one year or for the un expired por- 
 tion of the year, beginning on the first day of the quarter in which 
 said application shall be made, and ending May 1st next ensuing; 
 and a failure to make any such quarterly payment shall operate as 
 a revocation of such license. The time for the making of such 
 quarterly payments shall be on the first days of May, August, 
 November and February of each and every license year. 
 
REVISED ORDINANCES. 
 
 205 
 
 628. § 3. No license granted under this chapter shall be 
 transferable or assignable, nor shall any person be permitted to 
 occupy more than one room in cariying on his business under 
 said license; and no room thus used as a di-am shop shall be con- 
 nected with any other room by means of any opening, window, 
 door, stairway, dummy, dumb-waiter, or in any manner whatever, 
 except it be with a room or place situated on the same floor as 
 said dram shop, and which shall be plainly open to view from the 
 public streets, as provided in section 8 of this chapter": Provided^ 
 however^ that the room or place thus permitted to be connected 
 with a dram shop, shall not be connected with any other room or 
 place by means of any opening, window, door, stairway, dummy, 
 dumb-waiter, or in any manner whatever; nor shall any intoxica- 
 ting liquor, be sold, delivered or drank in such room. 
 
 629. § 4. Whoever, with or without a license, by himself, 
 his agent, clerk, or servant, shall sell or give intoxicating liquor 
 to any minor, without the written order of the parent or guardian 
 first obtained, or to any person intoxicated, or who is in the habit 
 of getting intoxicated, shall, for each offense, be subject to a pen- 
 alty of not less than fifty dollars. 
 
 630. § 5. The giving away of intoxicating liquors, or other 
 shift or device, to evade the provisions of this chapter, shall be 
 held to be an unlawful selling. 
 
 631. § 6. It shall not be lawful for the keeper or proprietor 
 of any dram shop to keep said dram shop open, or to allow any 
 drinking therein on Sundays, nor on the day of any general elec- 
 tion, nor after eleven o’clock at night. 
 
 632. § 7. It shall not be lawful for the keeper or proprietor 
 
 of any dram shop to permit any cards, dice, dominoes, or any other 
 game or games, excepting billiards and pool, to be played in his 
 dram shop or in any room or rooms adjacent thereto or connected 
 therewith : Promded^ that the keeper or proprietor of any dram 
 
 shop, who permits the playing of billiards or pool in his dram 
 shop, or in any room or rooms adjacent thereto, shall not by him- 
 self or another, either as principal, agent, clerk, or servant, give 
 or pay out to any person or persons playing such games, any chip, 
 check, or other device, which is an equivalent for cash, or which 
 may be accepted in lieu thereof, for the purchase of anything in 
 his dram shop : Provided^ further^ that it shall not be lawful for 
 
 any keeper or proprietor of a dram shop in which the playing of 
 billiards or pool is permitted, to allow any minor to play or remain 
 in, or loiter about liis dram shop without the written consent of 
 his parent or guardian. 
 
 633. § 8. It shall not be lawful in the room where such dram 
 shop is located, to obstruct or prevent a full view of said room* 
 from the public street, by means of any screen, frosted window. 
 
206 
 
 REVISED ORbilSrANCES. 
 
 window blind, curtain, partition, or any other object whatever, 
 but the entire room where such liquor is sold or drank, shall be 
 plainly visible at all times, by day and by night, from the public 
 street, and shall at all times be accessible to the police. 
 
 634. § 9. In all prosecutions under this chapter, it shall not 
 be necessary to state the kind of liquor sold, nor to describe the 
 place where sold, nor to show the knowledge of the principal to 
 convict for the acts of an agent, clerk or servant. 
 
 635. § 10. The Mayor shall have power to suspend for a 
 stated period, or to revoke any license granted under this chapter 
 for a non-compliance with, or a violation of, any provisions of this 
 chapter, and it shall be the duty of the Mayor to report to the 
 City Council, at its next meeting, either regular or special, such 
 suspension or revocation, with his reasons therefor, and the Coun- 
 cil shall thereupon affirm or reject such suspension or revocation. 
 
 636. § 11. Any person violating any section of this chapter 
 shall be subject to a penalty of not less than fifty dollars. 
 
 
REVISED ORDINANCES. 
 
 207 
 
 CHAPTER XXVIL 
 
 GENERAL LICENSES. 
 
 Section. 
 
 1. Who shall take out. 
 
 2. To druggists ; restriction over. 
 
 3. Clerk, etc., violating chapter guilty 
 
 with employer. 
 
 4. Keeper of confectionery stores— de- 
 
 fined, etc. 
 
 5. Keeper of auction stores— defined, etc. 
 
 6. Auctioneer— defined, etc. 
 
 7. Hackman — defined, etc. 
 
 8. Drayman— defined, etc. 
 
 9. Hawker— defined, etc. 
 
 10. Peddler— defined, etc. 
 
 11. License may issue to firm. 
 
 12. Hackmen, etc., to be numbered — du- 
 
 ties of, etc.— penalty. 
 
 13. Regulating charges of hackmen, etc. 
 
 14. Regulating charges of draymen, etc. 
 
 15. Hackmen and draymen to carry pas- 
 
 sengers and goods upon tender of 
 charges, etc. - 
 
 16. Shall post in conveyances three pre- 
 
 ceding sections. 
 
 17. Defining pawnbroker, etc. 
 
 18. Defining junk dealer, etc. 
 
 Section. 
 
 19. Defining keeper of second-hand store. 
 
 20. Pawnbroker’s license, etc. — how ob- 
 
 taiued— shall give bond, etc. 
 
 21. Pawnbrokers, etc., shall keep record 
 
 — requisites of, etc. — penalty. 
 
 22. Book shall be open to inspection of 
 
 police, etc. 
 
 23. Shall notify police when property is 
 
 suspected to have been stolen, etc, 
 
 24. Shall not purchase of minor, intoxi- 
 
 cated person, or known thief— pen- 
 alty, etc. — exception. 
 
 25. Defining night scavengers— provides 
 
 for license and bond. 
 
 26. Duties of night scavengers. 
 
 27. Owners of vaults shall not remove 
 
 without permission of Board of 
 Health. 
 
 28. Night scavengers— fees of, etc. 
 
 29. Expiration of licenses — none granted 
 
 for less than one quarter. 
 
 30. Sums to be paid for licenses. 
 
 31. License shall not issue except to per- 
 
 sons of good moral character. 
 
 32. Clerk shall keep register of licenses. 
 
 G37. § 1. The following persons, before carrying on or exer- 
 
 cising, either directly or indirectly, their business within the limits 
 of this city, shall first procure a license therefor, viz : 
 
 Auctioneers; dealers in ice; draymen; druggists; hackmen; 
 hawkers; keepers of auction stores; keepers of billiard and pool 
 tables, or either; keepers of bowling alleys; keepers of gunpow- 
 der; keepers of second-hand stores; keepers of soda fountains; 
 junk dealers; night scavengers; pawn-brokers; peddlers; show- 
 men. And ever}'- person violating any of the provisions of this 
 section shall be subject to a penalty of not less than five nor more 
 than fifty dollars for each offense : Provided., that for circus or 
 menagerie or theatrical exhibitions under canvass and out of doors, 
 the penalty shall not be less than fifty dollars, nor more than one 
 hundred dollars; and for all other like exhibitions or performances 
 by transient persons, whether in or out of any hall or house, the 
 penalty shall not be less than twenty dollars for each offense : 
 And promded., further , that where the act or business requiring 
 license is continuotis from day to day, each day’s continuance of 
 such business without license shall be considered a separate 
 
208 
 
 REVISED ORDINANCES. 
 
 A 
 
 offense : And prouided^ further^ that this section shall not apply 
 to musical parties, concerts, thespian performances, fairs, lectures 
 or other like exhibitions or entertainments given exclusively by 
 the citizens of this city, or by any other person or persons, for 
 the benefit of any literary, scientific, religious or charitable pur- 
 pose. 
 
 638. § 2. License to druggists within the city shall only be 
 allowed when the business is chiefly in the sale of drugs, and shall 
 authorize the sale, in good faith, of spirituous, vinous, fermented 
 or alcoholic liquors for sacramental, medicinal, mechanical and 
 chemical purposes, and for no other purpose whatever. 
 
 639. § 3. All persons, whether acting as clerk, agents, ser- 
 vants or otherwise, in the doing of any business for which license 
 is required, who shall knowingly engage therein, or do anv such 
 acts, unless their principal has license therefor duly granted, shall 
 be deemed equally guilty as the proprietor or employer of such 
 agent, clerk or servant. 
 
 640. § 4. Every person who shall keep a house or place for 
 the sale of ice creams, confectioneries and fruits, or either, except 
 grocers and bakers, shall be deemed a keeper of a confectionery 
 store. [License fee stricken out.] 
 
 641. § 5. Whoever shall open, keep, maintain or control for 
 business purposes, any store- house, room or place of business for 
 the sale in whole or in part of goods, wares, merchandise, or per- 
 sonal property of any description at auction, shall be deemed the 
 keeper of an auction store. 
 
 642. § 6. Any person not having license to keep an auction 
 store, who shall sell at auction any goods, wares, merchandise or 
 personal property, shall be deemed an auctioneer, and shall first 
 take out license as an auctioneer, and such license shall not in- 
 clude the keeping of an auction store : Promded^ that if any per- 
 son, not a resident of the city, shall bring into the city any goods, 
 wares, or merchandise for sale in the city, either upon a public 
 street, or other out-door place, or within any store, room, tent or 
 booth, and shall sell the same or any part thereof, by auction, 
 such person shall first procure a license as a keeper of an auction 
 store. 
 
 643. § 7. Every person who shall by wagon, carriage, omni- 
 bus, hack, or other vehicle, carry persohs within the city for hire, 
 shall be deemed a hackman. 
 
 644. § 8. Every person who shall by wagon, dray, or other 
 vehicle, carry goods within the city for hire, shall be deemed a 
 drayman. 
 
 645. § 9. Every person, who, as a business or employment, 
 shall cry and sell his goods on the street, shall be deemed a 
 hawker. 
 
liEVISED ORDINANCES. 
 
 209 
 
 646. § 10. Every person, who, as a business or employment, 
 shall sell or dispose of his goods on the street, or from house to 
 house, but not at public outcry, shall be deemed a peddler ; but 
 nothing in this chapter shall prevent any farmer, fruit or vine- 
 grower, or gardener from selling the produce of his farm, orchard, 
 vineyard or garden, on the streets, or from house to house, with- 
 out license as a peddler : Provided^ that nothing herein shall be 
 construed to permit the sale of spirituous, vinous or malt liquors. 
 
 647. § 11. Licenses may be granted to two or more persons 
 doing business as a firm or partnership, in which case each part- 
 ner shall become alike bound in all the obligations and duties 
 imposed by this chapter. 
 
 648. § 12. All drays, wagons, carts, carriages, hacks, omni- 
 buses or other like vehicles, shall be subject to the following 
 restrictions,' viz : Each vehicle shall have a number, to be fur- 
 nished by the City Clerk, and to be placed in some conspicuous 
 place on such vehicle, and such carrier of persons or of goods, 
 shall whenever demanded, transport such persons or goods as may 
 be offered, to any part of the city with promptness and care, and 
 for such rates of fare, and no more, as may be fixed by the City 
 Council. And for any violation of their duties in that respect, 
 such carrier shall be subject to a penalty of not less than three 
 nor more than fifty dollars. 
 
 649. § 13. Licensed hackmen may charge and receive, for 
 crrrying persons for any distance not exceeding one mile, for one 
 person, twenty-five cents ; over one mile and within the city, fifty 
 cents ; for children in care of parents or nurse, and under five 
 years of age, no charge shall be made ; for children over five and 
 under twelve years of age, in care of parent or other person, not 
 exceeding fifteen cents ; for carrying trunks an extra charge for 
 each trunk, (not embracing anything carried in hands of passen- 
 gers) ten cents. 
 
 650. § 14. Licensed draymen may charge and receive for 
 carrying a one-horse load the distance of four blocks, or less, not 
 exceeding twenty-five cents ; for carrying the same over four 
 blocks and less than eight blocks, thirty-five cents ; and when 
 over eight blocks and within the city, fifty cents ; for like dis- 
 tances with two-horse load, one-third more per load. 
 
 651. § 15. Licensed hackmen and draymen shall, at all rea- 
 sonable times, when requested, and the proper charges are ten- 
 dered, carry with care and dispatch, all such passengers or goods 
 as may be offered them respectively. And for any failure or 
 refusal to do so, such hackman or drayman shall be subject to a 
 penalty of not less than five dollars nor more than fifty dollars. 
 
 652. § 16. Hackmen and draymen shall, at all times, keep 
 
 14 
 
210 
 
 REVISED ORDINANCES. 
 
 posted up in a conspicuous place in their conveyance, a printed 
 copy of this and the preceding three sections, for the inspection 
 of any person employing them, and shall, on request exhibit the 
 same to such person; and for any failure to do so, or for any over- 
 charge for such services, such hackman or drayman shall be sub- 
 ject to a penalty of not less than five nor more than fifty dollars. 
 
 653. § 17. Any person who loans money on deposit or pledge 
 of personal property, bonds, notes, or other securities, or who 
 deals in the purchasing of personal property, or choses in action, 
 on condition of selling the same back again at a stipulated price, 
 or who shall, at his place of business, exhibit three balls, or any 
 other sign or device designating the business of a pawnbroker, is 
 hereby defined and declared to be a pawnbroker within the mean- 
 ing of this chapter. 
 
 654. § 18. Any person who keeps a store, office, or place of 
 business for the purchase or sale of junk, rags, old iron or any 
 other old metal, paper, bagging, or the like, is hereby defined to 
 be a junk dealer. 
 
 655. § 19. Whoever keeps any store, room, office, or place 
 of business .for the purchase or sale of second-hand furniture, 
 household goods, clothing, or any other second-hand articles, is 
 defined to be the keeper of a second-hand store. 
 
 656. § 20. The City Council may grant a license to any per- 
 son desirous of becoming a pawnbroker, junk dealer, or keeper 
 of a second-hand store, on condition that the person applying 
 shall first pay into the city treasury one quarter of the yearly 
 license, and shall thereafter pay each quarter’s license in advance, 
 as hereinafter fixed ; and shall execute to the city of Galesburg 
 a bond with sufficient security, to be approved by the Mayor, 
 conditioned that the said pawnbroker, junk dealer, or keeper of a 
 second-hand store, will, in all respects, conform to the require- 
 ments of this chapter and. the laws of this State, relating to said 
 business. The amount of said pawnbroker’s bond shall be $300; 
 the amount of said junk dealer’s bond shall be $200; the amount 
 of said keeper of second-hand store’s bond shall be $200. 
 
 657. § 21. Every person so licensed as such pawnbroker, 
 junk dealer or keeper of a second-hand store, shall keep at his 
 place of business a substantially bound book, in which he shall 
 enter in writing in ink a minute description of all property, of 
 the character included in sections 17, 18 and 19 of this chapter, 
 received on deposit or purchased as aforesaid in the course of his 
 business as such pawnbroker, junk dealer or keeper of second- 
 hand store, the times when he received the same, and whether 
 received on deposit or pledge, or by absolute purchase, and par- 
 ticularly mentioning any prominent or descriptive mark that may 
 
REVISED ORDINANCES. 
 
 211 
 
 
 be on such property when the same is presented for sale or pledge, 
 together with the name and residence of the party offering the 
 same; and if the person offering property for pledge, sale or pawn 
 is not* a resident of the city of Galesburg, it shall then be the 
 duty of said pawnbroker, junk dealer or keeper of a second-hand 
 store, to enter in said book a particular description of the person 
 offering said property, so that he may be identified thereby. Said 
 book shall be kept clean and legible, and no entry therein shall 
 be obliterated, defaced or erased, and all entries therein shall be 
 made with a good durable ink. Every person licensed as a pawn- 
 broker, junk dealer or keeper of a second-hand store, who may 
 fail or neglect to comply with this section shall be subject to a 
 penalty of not less than five nor more than twenty-five dollars. 
 
 658. § 22. Every person so licensed as aforesaid, shall dur- 
 ing the ordinary houi s of business, when requested by the Mayor, 
 police officer or other public officer of the city or of the county of 
 Knox, submit and exhibit such book mentioned in the next pre- 
 ceding section to the inspection of such Mayor, police officer or 
 other public officer. And he shall also exhibit any goods, or per- 
 sonal property of the character included in sections 17, 18 and 19 
 of this chapter, received in pledge or purchased by him, to the 
 inspection of such officer whenever so requested to do. And 
 every person licensed as aforesaid, who shall refuse to exhibit 
 such book or articles as above provided, shall be subject to a pen- 
 alty of not less than twenty-five dollars. 
 
 659. § 23. Every person licensed to keep a pawnbroker’s 
 shop, junk shop or second-hand store, shall in good faith use every 
 precaution in his power to prevent his place of business from be- 
 coming the receptacle of stolen goods, and whenever any article 
 of property is offered to him for pledge, pawn or sale under such 
 circumstances as to create in the mind of a reasonable and cau- 
 tious person suspicions that the same may have been stolen, or 
 that the person so offering the same is not the bona fide owner 
 thereof, he shall immediately notify the police of his suspicions. 
 And it shall be his duty to retain all goods or articles 'of value 
 purchased by him of persons who are not residents of this city, at 
 least twenty-four hours before he may sell the same, and during 
 that time he shall keep such goods or articles of property in plain 
 view of all persons who may visit his place of business. And for 
 every violation of this section he shall be subject to a penalty of 
 not less than ten nor more than twenty-five dollars. 
 
 660. § 24. No person licensed as aforesaid shall take or re- 
 ceive in pawn or }>ledge for money loaned, or shall take, receive or 
 purchase in the line of his business as a pawnbroker, junk dealer 
 or keeper of a second-hand store, any article, property or thing of 
 
212 
 
 KEVISED ORDINANCES. 
 
 and from any minor, or any article, property or thing of and from 
 any person, the ownership of which property is in or claimed by 
 any minor, the said pawnbroker, junk dealer or keeper of a sec- 
 ond-hand store knowing said property to be owned or claimed by 
 such minor, nor from any person appearing to be intoxicated, nor 
 from any person known to be a thief, or to have been convicted 
 of larceny or burglarly. Any person violating either of the pro- 
 visions of this section shall, on conviction, be fined in a sum not 
 less than five dollars for each and every offense : Provided^ that 
 
 this chapter shall not apply to any person or persons conducting 
 or carrying on a hardware store, nor any foundry, rolling mill or 
 establishment for the manufacture of articles of iron, only so far 
 as it pertains to buying from boys or minors as provided in this 
 section. 
 
 661. § 25. Any person or company who shall engage in the 
 business of removing the contents of privy vaults within the city, 
 for hire and profit, shall be deemed night scavengers within the 
 meaning of this chapter. No person or company shall exercise 
 the calling of night scavenger within the city without first ob- 
 taining a license in pursuance hereof. The City Council may 
 license one or more night scavengers : Provided^ the person apply- 
 ing therefor shall execute to the city of Galesburg a bond, in the 
 sum of two hundred dollars, with surety, to be approved by the 
 Mayor, conditioned that such night scavenger shall well and truly 
 keep and perform all and every of the provisions and restrictions 
 of this chapter : And provided^ further^ such night scavenger 
 shall pay for the use of the city, the sum hereinafter fixed for such 
 license, and no other fees. 
 
 662. § 26. Such night scavenger so licensed shall each pro- 
 vide himself with a team, and wagon with a covered water-tight 
 box, of the capacity of twenty-seven cubic feet, which said box, 
 when filled, shall be deemed a load. Upon each side of said wagon 
 box shall be painted in letters and figures, the name and number 
 of such license; and also a transparent light showing the word 
 “Scavenger,” and the number of the license, in letters, words and 
 figures, so that the sante can be read by all passers by. It shall be 
 the right and duty of such night scavenger so licensed, when re- 
 quested by the owner, agent or occupant of any premises, wherever 
 any privy vault is situated within the city, to cleanse and remove 
 the contents of the vault thereof, as hereinafter provided ; and to 
 deposit the same at such places as may from time to time be desig- 
 nated by the Commissioner of Health of the city : Provided^ no 
 such privy vault shall be opened or contents thereof disturbed or 
 removed between the hours of four o’clock a. m., and ten o’clock 
 p. m. of any day ; nor shall such contents be deposited or buried 
 
REVISED ORDINANCES. 
 
 213 
 
 within the city, except upon the written permission of the Com- 
 missioner of Health of said city ; and in such manner and places 
 as shall be by him directed : And provided^ further^ that if any 
 
 night scavenger shall not dispose of said contents as above pro- 
 vided, and cover the same so as to prevent any smell arising 
 therefrom, his license shall be forfeited ; and may be immediately 
 revoked and annulled by the Mayor of this city. Any owner or 
 driver of any night scavenger wagon, who shall violate any pro- 
 vision of this chapter, or disobey the written order of the Com- 
 missioner of Health, respecting the removal and deposit of the 
 contents of any privy vault shall be fined not less than five nor 
 more than fifty dollars for each offense. 
 
 663. § 27. Owners or occupants of property upon which are 
 
 situated privy vaults within the city, desiring to clean the same 
 and remove the contents thereof themselves without the aid of the 
 night scavengers, as aforesaid, shall not be allowed to do so except 
 upon the written permission of the Commissioner of Health of 
 the city ; and then only in such manner as in said permit be 
 directed : Provided^ the Commissioner of Health shall have no 
 power to permit the contents of any privy vault to be disturbed or 
 removed except between the hours mentioned in the preceding 
 section : Provided^ further^ that no delay or refusal of the Com- 
 missioner of Health to grant such permit shall be an excuse or 
 justification to any party for not cleaning any privy vault when 
 directed to do so by the Board or Commissioner of Health. Any 
 person violating the provisions of this section shall be subject to 
 a penalty of not less than five dollars nor more than fifty dollars. 
 
 , 664. § 28. Such night scavengers licensed as aforesaid, shall 
 
 be allowed to charge and receive for each load by them so taken, 
 removed and buried, a sum not exceeding five dollars : Provided^ 
 such scavenger having undertaken such work on any privy vault, 
 shall, speedily and without delay, proceed with the same, and for 
 no reason abandon it until it is completed, in all cases leaving 
 the privy in as good condition upon the vault as when the work 
 was undertaken. 
 
 665, § 29. No license granted under this chapter shall ex 
 
 tend longer than the thirtieth day of April next after the same is 
 issued ; and quarterly licenses shall expire on the last days of 
 .July, October, January and April of each and every license year. 
 No license, other than yearly licenses, shall be granted for less 
 than the periods mentioned ; and no license shall be granted when 
 a yearly rate only is mentioned, except for one year or the unex- 
 pired portion thereof, beginning on the first day of the (quarter in 
 which application is made for such license : Provided^ no such 
 license shall be granted for a less period than a quarter. 
 
214 • 
 
 REVISED ORDINANCES. 
 
 666. § 30. Tlie following shall be the regular sums to be 
 
 paid for licenses when the same are issued, for the periods men- 
 tioned, or a proportionate sum when granted for an un expired 
 part of a year; and no license shall issue until all of the same is 
 paid, viz ; 
 
 Auctioneers, per quarter, five dollars. 
 
 Auctioneers, per annum, ten dollars. 
 
 Druggists, per annum, fifteen dollars. 
 
 Draymen, per annum, five dollars. 
 
 Dealers in ice, per annum, five dollars. 
 
 Hackmen, per day, one dollar. 
 
 Hackmen, per week, three dollars. 
 
 Hackmen, per annum, twelve dollars. 
 
 Provided, that hackmen who charge only five cents fare, shall 
 pay per annum, five dollars. 
 
 Hawkers, per day, five dollars. 
 
 Junk dealers, per annum, fifteen dollars. 
 
 Keepers of auction stores, per day, ten dollars. 
 
 Keepers of auction stores, per quarter, one hundred dollars. 
 
 Keepers of auction stores, per year, two hundred dollars. 
 
 Keepers of billiard and pool tables, or either, per year, for first 
 table, twenty-five dollars. 
 
 Keepers of billiard and pool tables, per year, for each additional 
 table, fifteen dollars. 
 
 Keepers of soda fountains, per annum, five dollars. 
 
 Keepers of bowling alleys, per annum, twenty-five dollars. 
 
 Keepers of gunpowder, per annum, three dollars. 
 
 Keepers of second-hand stores, per annum, twenty-five dollars. 
 
 Night scavengers, per annum, five dollars. 
 
 Peddlers, except peddlers of meat, fish, milk, ice or bread, per 
 day, one to ten dollars; per week, three to twenty-five dollars; 
 per month, ten to one hundred dollars. 
 
 Pawnbrokers, per annum, one hundred dollars. 
 
 Circus, menagerie, or either, per day, seventy-five dollars. 
 
 Side-shows accompanying circus and menagerie, per da^q each 
 ten dollars. 
 
 Other show’s under canvass, and not in a house, per day, ten to 
 twenty-five dollars. 
 
 Theatrical or musical performances, per day, five dollars. 
 
 Minstrels, per day, five dollars. 
 
 Any other exhibition in a house, and to be licensed, per day, 
 one to five dollars. 
 
 The keeper of any place or stand kept for purposes of ball- 
 throwing or target shooting, or the employer of any other device, 
 for purposes of amusement or recreation, or exhibitions of any 
 
REVISED ORDINANCES. 
 
 215 
 
 kind, not otherwise provided for in this chapter, shall pay as 
 license, per day, one to five dollars; per week, five to ten dollars; 
 per year, twenty to fifty dollars. 
 
 h67. § 31. No license shall be granted to any person who 
 
 shall not be at the time application is made therefor a person of 
 good moral character. 
 
 668. ^ 32. The Clerk shall keep a registry of all licenses, 
 
 showing date of issue, time of expiration, business licensed, and 
 amount paid; and uo license shall be issued until the Treasurer’s 
 receipt for the license fee shall be delivered to the Clerk. And 
 all licenses shall be subject to all ordinances in relation to such 
 licenses which may be in force at the time of issuing the same, 
 or made subsequently; and if any person licensed shall violate 
 any provision of any ordinance in relation to his license, the said 
 license may be revoked in the discretion of the Mayor or City 
 Council; and the party licensed may be proceeded against for such 
 fine or penalty as may be incurred by reason of such violation. 
 No license shall be assignable or transferable except by permis- 
 sion of the Mayor first endorsed thereon; nor shall any person be 
 permitted to act under one license at more than one place at a 
 time, or at any other than the place named, unless so expressly 
 mentioned in his license. 
 
 CHAPTER XXVIII. 
 
 JUSTICES OF THE PEACE. 
 
 Section. 
 
 1. Justices shall keep docket of city cases. 
 
 2. Shall make reports to Council monthly. 
 
 Section. 
 
 3. Shall pay to Treasurer all fines col- 
 lected, etc. 
 
 669. § 1. The several .lustices of the Peace of this city shall 
 keep a full and complete docket of all city cases commenced, 
 tried and disposed of before them, and note' upon the docket so 
 kept what disposition was made as to fines and forfeitures, or 
 steps taken in each and every case. 
 
 670. § 2. The several Justices of the city shall, at the close 
 of every month, make, upon blanks to be furnished them by the 
 City Clerk, reports to the City Council of all cases, fines and for- 
 feitures imposed, collected and paid to them, with the name of 
 the defendant, amount of fine, fees and forfeitures collected or 
 otherwise disposed of. 
 
216 
 
 REVISED ORDINANCES. 
 
 671. § 3. The said several Justices shall with their said re 
 
 port as directed in the preceding section, pay into the city treas- 
 ury all fines and forfeitures for the violation of city ordinances, 
 and all other moneys collected by them for the use of the city. 
 
 CHAPTER XXIX. 
 MISDEMEA.NORH. 
 
 ARTICLE 1.— BOYS. 
 
 Section. 
 
 1. Loitering:, flj'iug of kites, etc. — pen- 
 alty, etc. 
 
 a. Riding velocipede, etc.— penalty for. 
 
 Section. 
 
 3. Discharging rubber gun— penalty for, 
 
 4. Robbing birds’ nests— penalty for. 
 
 672. § 1. Any boy, or other person who shall, in the fre- 
 quented streets, use a bow and arrow, rise or fly a kite, explode or 
 set off any fire-arms, fire-balls, fire-cracker, torpedo, rocket, bal- 
 loon, or other fire- works, or pursue any other amusement calcu- 
 lated to impede travel, or frighten any animal; or endanger any 
 property, or to injure or annoy any person, or shall be found loi- 
 tering or strolling about in a manner tending to produce disturb- 
 ance, mischief'Or crime, and shall refuse to go immediately to his 
 home when so ordered by the Mayor or any police officer, or 
 shall by any loud noises, or offensive behavior, either singly, or 
 when two or more are assembled together, disturb the peace and 
 quiet of any person, family, assembly or congregation, or by 
 climbing up into any wagon, sleigh, carriage or other vehicle, or 
 climbing into trees, or on housetops, or by throwing stones or 
 other missiles, shall disturb or annoy any person, shall, for each 
 offense, be subject to a penalty of not less than one dollar; and 
 in every case in which the parent or guardian shall knowingly 
 and willingly permit such offense, such parent or guardian shall 
 be subject to a penalty of not less than three dollars. 
 
 673. § 2. Whoever upon any sidewalk in any part of the 
 city, shall ride or drive any bicycle or velocipede shall be subject 
 to a penalty of not less than three dollars for each offense. 
 
 674. § 3. Whoever shall within the city discharge any stones, 
 shot, or other missile from any instrument known as, or in the 
 nature of a rubber gun, shall be subject to a penalty of not less 
 than three dollars. 
 
 675. § 4. Whoever within the city shall, by the use of fire- 
 arms, target-guns, rubber-guns, or any missile whatever, kill or 
 
217 
 
 REVISED ORDINANCES. 
 
 maim any wild bird, or rob the nest of any such bird not com- 
 monly known as a game bird, shall be subject to a penalty of not 
 less than three dollars : Provided^ it shall be no violation of this 
 section to kill with fire arms the bird called the English sparrow. 
 
 ARTICLE 2.--CHEATS AND SWINDLERS. 
 
 Section. 
 
 1. False weights and measures. 
 
 2. Altering certificates of City Weigher, 
 
 etc. 
 
 3. Selling adulterated articles. 
 
 Section. 
 
 4. Selling impure butter. 
 
 5. Board of Health may examine adulter- 
 
 ated articles. 
 
 676. § 1. Whoever shall knowingly use any false scale or 
 weight, beam or measure, in the purchase, sale or delivery of any 
 goods, articles or property, or shall use the same in any way 
 about his own business, or the business of another, in buying 
 and selling, or delivering things that may be bought or sold by 
 measure or weight, knowing that such weight, scale, beam or 
 measure is not accurate according to the standard prescribed by 
 law and the ordinances of the city, or shall sell or deliver goods, 
 or any article or property by weight or measure, at weights, 
 amounts or measurements, knowing the same to be less than the 
 true weight, amount or measure for which the same was sold or 
 delivered, shall be subject to a penalty of not less than ten dollars. 
 
 677. § 2. Whoever shall alter any certificate of the City 
 Weigher or City Inspector, pr aoy other city officer authorized 
 to weigh, measure or inspect, or attempt to use the same for any 
 other load or parcel than the one for which it was delivered, or 
 shall after the weighing or measuring, and before the sale or de- 
 livery thereof, diminish the quantity or change the quality of the 
 load or article so weighed or measured, or shall practice any other 
 
 / fraud or deceit in or about the weighing, measuring, sale or de- 
 livery of any load, or article, or parcel of goods or property, shall 
 be subject to a penalty of not less than ten dollars. 
 
 678. § 3. Whoever shall knowingly offer for sale, or sell or 
 dispose by barter, exchange or otherwise, any butter, lard, wax, 
 or like article ; or grain, flour, sugar or like article ; or other 
 thing or things used for commerce and food, in which shall be 
 knowingly and deceitfully mixed any sand, terra alba, stones or 
 other or different and unfit articles, shall be subject to a penalty 
 of not less than twenty-five dollars. 
 
 679. § 4. No person shall sell or offer for sale, or expose to 
 sale in this city, any compound, article or thing as butter, or rep- 
 
218 
 
 REVISED O R D I X A X C E^S . 
 
 resenting or holding out the game to be butter, except when wholly 
 made from pure cream; and every person having in his possession, 
 for the purpose of sale, any compound whatever, in lieu of or as a 
 substitute for butter, shall have the box, vessel or package con- 
 taining the same plainly stamped or marked with the appropriate 
 name of such compound, article or thing, which name shall be 
 other than butter, and any person violating this section shall be 
 subject to a penalty of not less than twenty-five dollars. 
 
 fi80. § 5. The Board of Health, or any member thereof, is 
 
 hereby vested with authority to examine any articles that may be 
 manufactured or otfered for sale, the adulteration of which is pro- 
 hibited by this chapter. 
 
 ARTICLE 3.-DRUXKEXXESS. 
 
 Section. Section. 
 
 1. Penalty for. 2. Supplying prisoners with liquor— pen- 
 
 alty for. 
 
 681. § 1. Whoever shall be found in a state of intoxication 
 in any public place or in any dram shop, or in any place open to 
 public view, shall be subject to a penalty of not less than three 
 dollars. 
 
 682. § 2. Whoever shall supply or attempt to supply any 
 city prisoner, or any person while committed to the city prison, 
 with intoxicating liquor, except upon the written prescription of 
 some respectable physician of the city, shall be subject to a pen- 
 alty of not less than twenty-five dollars. 
 
 ARTICLE 4.— FIRE-ARMS. 
 
 Section. ' Section. 
 
 1. Selling fire-arms to minor penalty for. 4 Minor shall not have in possession. 
 
 2. Discharging fire works— penalty for. 
 
 3. Toy pistols— penalty for keeping. | t)uty of police. 
 
 683. § 1. No person shall, within the limits of tliis city, sell, 
 loan or furnish to any person under the age of eighteen years, 
 any gun, pistol, fowling piece or other fire-arm without the writ- 
 ten consent of his parents, under a penalty of not less than ten 
 dollars. 
 
 684. § 2. No person shall fire, discharge or set olf within 
 this city any rocket, cracker, torpedo, squib or other fire-work, or 
 
REVISED ORDINANCES. 
 
 219 
 
 anything containing any substance of an explosive character, 
 under a penalty of not less than three dollars for each offense: 
 Provided^ that the Mayor may by proclamation permit the use of 
 such fire-arms on the 4th of July and such other occasions as he 
 may deem proper. 
 
 685. § 3. No person shall sell or keep for sale within this 
 city any toy pistol of any sort for the explosion of percussion 
 caps, be the same of metal or paper, and any person violating 
 this section shall be subject to a penalty of not less than twenty- 
 five dollars. 
 
 686. § 4. Any minor or other person found in the possession 
 of any of the articles prohibited in the preceding section shall be 
 subject to a penalty of not less than two dollars. 
 
 687. § 5. It shall be the duty of the police force and every 
 member thereof to see that the provisions of this article are 
 strictly complied with. 
 
 ARTICLE 5.— GAMING. 
 
 Section . 
 
 1. Keeping gambling instruments. 
 
 2. Keeping gaming room, etc. 
 
 3. Playing gambling games. 
 
 4. Duties of police in relation thereto. 
 
 Section. 
 
 5. Possession of gaming implements. 
 
 6. Frequenting, etc., gaming houses. 
 
 7. Destruction of gambling implements. 
 
 688. § 1. Whoever shall set up, keep or maintain, or permit 
 to be set up, kept or maintained in any house, room or place 
 within this city, occupied or controlled by him, any table, instru- 
 ment, device or thing for the purjtose of gambling, or with which 
 money, liquors, or anything of value shall be played for, shall be 
 subject to a penalty of not less than one hundred dollars for each 
 offense. 
 
 689. § 2, Whoever shall keep a room or rooms, or place for 
 the purpose of playing poker, or any other game whatever, with 
 cards, fop the purpose of gambling, and upon which money or 
 anything of value is staked, shall be subject to a penalty of not 
 less than one hundred dollars. 
 
 690. § 8. Whoever shall deal, play or engage in faro, rou- 
 lette, poker, or any other device or game of chance, either as 
 banker, dealer, player, or otherwise, for the purpose of gaming, 
 shall be subject to the penalty of not less than twenty-five dollars 
 for each offense. 
 
 691. § 4. It shall be the duty of the police force to give 
 information to the Mayor of any house, room or place where such 
 
220 
 
 REVISED ORDINANCES. 
 
 games or devices for the purpose of gaming are maintained; and 
 if at any time any police officer has good reason to suspect that 
 this article is being violated in any particular, he shall forthwith 
 make complaint thereof before some Justice of the Peace or 
 Police Magistrate, and obtain a warrant authorizing him to enter 
 such room or place; said police officer shall thereupon have 
 authority to demand entry therein, and any person or persons 
 who shall refuse or neglect to open the door or entrance to such 
 house, room or place, upon application of any police officer having 
 such warrant, shall be subject to a penalty of not less than twenty- 
 five dollars for each offense, and such officer shall have the right 
 to enter said premises by force. 
 
 692. § 5. No person shall bring into this city, or have in his, 
 her or their possession in this city, any table, thing or device of 
 any kind or nature, whereon or with which money or anything of 
 value may in any manner be played for, under a penalty of not 
 less than one hundred dollars. 
 
 693. § 6. Any person who is a frequenter, visitor, inmate or 
 solicitor for any house, room or place in this city kept for the 
 purposes of gaming, or in which any of the games covered by 
 this , article are played for money, liquor, or any other thing of 
 value, shall be subject to a penalty of not less than twenty-five 
 dollars. 
 
 694. § 7. It shall be the duty of any and every member of 
 the police force to sieze any table, instrument, device or thing 
 used for the purposes of gaming; and all such tables, devices, 
 instruments and things shall be destroyed under the supervision 
 of the Mayor in accordance with the provisions of section 3, 
 Chapter LIJI. of this ordinance. 
 
 ARTICLE 6.— GAS AND TELEGRAPH. 
 
 Section. 
 
 1. Defacing or destroying street lamps, lamp posts, telegraph posts or wires. 
 
 695. § 1. Whoever shall willfully, maliciously, or negligently 
 
 break, deface, destroy, or in any wise injure any street lamp or 
 lamp post, or any gas pipe, or telegraph or telephone post, or tele- 
 graph or telephone wire, or without due authority shall light or 
 extinguish any street lamp, or turn on the gas therein, or other- 
 wise disturb or injure any gas pipe, gasoline lamp, telegraph 
 post, wire or gas apparatus, to the injury or inconvenience of any 
 other person, or body corporate or politic, shall be subject to a 
 penalty of not less than five dollars. 
 
REVISED OEDlNAlSrCES. 
 
 221 
 
 ARTICLE 7.— GUNPOWDER, FIRES, FIRE-ARMS. 
 
 Section. 
 
 1. Where powder is to be kept. 
 
 2. Sign to be kept up. 
 
 3. Bringing in powder concealed. 
 
 4. Carrying carelessly in public. 
 
 5. In case of fire, to remove. 
 
 Section. 
 
 6. Firing in streets. 
 
 7. Depositing ashes. 
 
 8. Stacking straw. 
 
 9. Leaving or using fire in careless man 
 
 ner 
 
 696. § 1. The keeping for sale or selling of gunpowder, with- 
 out a license therefor, is prohibited, and no license shall be issued 
 allowing the keeping in store of more than twenty-five pounds of 
 gunpowder at any one time, unless kept in some secure magazine 
 or fire-proof powder-house, located at least one hundred feet from 
 any other occupied building, and when kept in a store or place 
 for retail, it shall be kept in tin or other metallic cannisters or 
 cases, and in a part of the building remote from any fire, lamp, 
 candle or burning matter, liable to produce explosion, and who- 
 ever shall violate this section, or any provision of it, shall be sub- 
 ject to a penalty of twenty dollars. 
 
 697. § 2. Every person licensed to sell gunpowder shall keep 
 a sign with the words, “Gunpowder for Sale,” in plain letters, in 
 some conspicuous place in the front of the building where such 
 powder is kept. And no sales of gunpowder, except in unopened 
 cans, shall be made after night, and any person convicted of vio- 
 lation of any of the provisions of this section shall be subject to a 
 penalty of ten dollars. 
 
 698. § 3. Whoever shall bring or cause to be brought into 
 the city any gunpowder concealed in any box or other package 
 marked as containing other articles, shall be subject to a penalty 
 of twenty-five dollars. 
 
 699. § 4. The carrying of gunpowder through the streets or 
 other public places in a careless or negligent manner, or the 
 remaining with such powder in any public place longer than 
 necessary for the transportation of the same from one place to 
 another, shall subject the party offending to a penalty of not less 
 than five dollars. 
 
 700. § 5. In case any building with gunpowder in it takes 
 fire, the occupant or keeper thereof shall at once remove such 
 powder to some safe place, and if unable to do so he shall at once 
 notify the Mayor, or such officer or person as may be in command 
 at the fire, of the location and quantity of such powder, and on 
 failure to comply with the provisions of this section the party 
 offending shall be subject to a penalty of fifty dollars. 
 
 701. § 6. Whoever shall, in the frequented streets or other 
 inhabited part of the city, fire or discharge any cannon, gun, pis- 
 
REVISED ORDINANCES. 
 
 00-2 
 
 tol, or other fire-arm, or shall set off, fire or explode any torpedo, 
 fire-cracker, fire-ball, rocket or other fire- works whatever, or shall 
 make or kindle any bonfire, save as hereinafter permitted, shall 
 be subject to a penalty of not less than three dollars. But the 
 discharge of fire-arms, the setting off or exploding fire-works and 
 the making of bonfires upon national holidays, and in the cele- 
 bration of other public and general events, or the discharge of fire- 
 arms by the members of a military company when on parade, and 
 under orders of a commanding officer, or by any city officer or 
 other person in the discharge of any duty or lawful act, and not 
 tending to endanger the safety of any person or property, shall 
 not be deemed a violation of this section. It shall be the duty of 
 any person desirous of using and firing a cannon or other fire- 
 works, or making bonfires on lawful occasions, to procure the 
 special consent of the Mayor or City Marshal as to the time and 
 place therefor, that the same may be done with the least inter- 
 ruption or danger. 
 
 702. § 7. No person shall deposit ashes in or near any build- 
 ing not fire-proof, wherein or whereby fire may be likely to ensue, 
 nor in the streets, or elsewhere, uncovered and unprotected from 
 the wind, or any combustible material, until every particle of fire 
 is extinguished, and any violation of this section shall subject the 
 offender to a penalty of not less than five dollars: Provided^ ashes 
 thrown into the street, or on open ground away from the thickly 
 inhabited parts of the city, and not nearer than fifty feet to any 
 other building- or thing likely to take fire, shall not be deemed a 
 violation of this section. 
 
 703. § 8. Whoever shall stack or deposit hay, straw, or other 
 like combustible materials, not in any enclosed stable or build- 
 ing, and within fifty feet of any dwelling house or building where 
 fire is kept, or shall strew or leave shavings, straw, paper, or other 
 like combustible materials, around or near to anv buildino- or 
 property likely to burn, or shall set fire to or burn on the open 
 ground, and near to anv building^ or dwelling, or set fire to anv 
 shavings, straw, paper, rubbish, or other combustible materials, or 
 shall leave any fire in the open ground unextinguished after night, 
 or shall boil any pitch, rosin, tar, oil, or other inflammable liquid 
 or substance, except in some secure and safe building, duly pro- 
 tected against the danger of fire, or if in the open air at least 
 thirty feet from any building likely to burn, or burn out any 
 chimney or flue, unless when raining, or when the roofs and 
 ground are covered with snow; the party so offending against any 
 of the provisions of this section shall be subject to a penalty of 
 not less than five dollars. 
 
 704. i; 9. Whoever shall negligently, carelessly, or willfully 
 
REVISED ORDIIl^AKCES. 
 
 223 
 
 make, kindle, or leave, any coals or fire on any planked sidewalk 
 or crossing, or any fire in the open air, or exposed place, or care- 
 lessly or negligently carry burning coals or other matter from 
 which the flying sparks may be liable to do injury or set fire to 
 other things, or shall leave, deposit or use any hot ashes, or other 
 dangerous or combustible or inflammable thing or material, or 
 carry any light, not protected by a secure lantern, into any stable 
 or building containing straw or other combustible material, or 
 any lighted lamp, candle, gaslight or burning matter, at such a 
 time or in such a manner as to cause or endanger injury to any 
 building or property thereby, shall be subject to a penalty of not 
 less than five dollars. 
 
 ARTICLE 8.— MISCELLANEOUS PRACTICES. 
 
 Section. 
 
 1. Possessing burglars’ tools, etc.; pen- 
 
 alty. 
 
 2. Amusements, etc., on streets; penalty. 
 
 3. Injuring fences, etc. ; penalty. 
 
 4. Throwing rubbish, etc., in streets; 
 
 penalty 
 
 5. Obstructing water in street or sewer, 
 
 etc.; penalty. 
 
 6. Defacing public buildings, etc. ; pen- 
 
 alty. 
 
 7. Throwing stones in street; penalty. 
 
 8. Throwing fruit, rind, or peel on side- 
 
 walk; penalty. 
 
 9. Obstructing post office and public 
 
 places; penalty. | 
 
 10. Removing sods from streets ; penalty 
 
 11. Who are vagrants ; penalty. i 
 
 12. Exhibiting stallion, etc. ; penalty. | 
 
 13. Keeping house of prostitution ; pen- : 
 
 alty. 
 
 14. Indecent exposure, etc. ; penalty. 
 
 15. House of ill-fame ; declared a nuisance. 
 
 16. Who are inmates of. 
 
 17. yelling, etc., of lewd books, etc. ; pen- 
 
 alty. 
 
 18. Indecent act; abusive language, etc. ; 
 
 penalty. i 
 
 19. Disturbing religious or other public { 
 
 assembly; penalty, etc. ! 
 
 Section. 
 
 •20. Jumping on cars, etc. ; penalty for. 
 
 21. Throwing water in street or gutter; 
 
 penalty for. 
 
 22. ytauds, etc., upon sidewalk; penalty. 
 
 23. Leaving unhitched team in street; 
 
 penalty for. 
 
 24. Driving upon and over hose; penalty. 
 
 25. Drawing off or tilling cess-pool, etc. ; 
 
 penalty. 
 
 26. Unhealthy meat, etc. ; penalty for sell- 
 
 iug. 
 
 27. Cleansing slaughter house; penalty. 
 
 28. Board of Health to inspect. 
 
 29. Fruits, etc., to be sold by bushel or 
 
 part thereof; penalty. 
 
 30. False alarm of lire; penalty. 
 
 31. Using fire apparatus for private use; 
 
 penal ty. 
 
 32. Injuring fire apparatus ; penalty. 
 
 33. Spreading small-pox; penalty. 
 
 34. Selling poison without label ; penalty. 
 
 35. Obstructing Cedar Fork or other nat- 
 
 ural drain. 
 
 36. Games of chance — sales by; penalty, 
 
 etc. 
 
 37. Peddlers -offensive conduct of; pen- 
 
 alty. 
 
 ■38. Accessory made principal. 
 
 29. Court trying cause to apportion pen- 
 alty for violation of ordinances. 
 
 705. § 1- It sliall lie uni awful for any person to have in his 
 
 possession any tiippers of the description known as burglars’ 
 nippers, pick- lock, skeleton key, key to be used with bit or bits. 
 
224 
 
 Revised ordinances. 
 
 jimmy or other burg-lar instrument or tool of whatsoever kind 
 or nature, unless it be shown that such possession is innocent, or 
 for a lawful purpose, under the penalty of not less than one hun- 
 dred dollars. 
 
 706. § 2. No person shall engage in any game, sport, amuse- 
 ment, or exhibit any machine, or show any animal, or indulge in 
 any acrobatic feats, or do anything else in the streets or upon the 
 sidewalk which shall have a tendency to frighten horses, or 
 which shall collect any crowd of persons so as to interfere with 
 the passage of teams or vehicles, or persons passing along the 
 streets or sidewalks; and any person violating this section shall 
 be subject to a penalty of not less than three dollars for each 
 olfense. 
 
 707. § 3. No person shall wantonly mar, injure, deface or 
 destroy any fence, sign-board, or sidewalk in any street or public 
 place in the city, under a penalty of not less than one dollar for 
 each olfense. 
 
 708. § 4. No person, except under instructions from the 
 Superintendent of Streets, shall throw, c^st or put into, drop or 
 leave in any street, alley, lane or public place, or in any public 
 uninclosed grounds, any stones, glass, iron or other metals, or any 
 straw, paper, parings of fruit or vegetables, or any rubbish of any 
 sort, under a penalty of not less than one dollar for each olfense. 
 
 709. § 5. No person shall stop or obstruct the passage of the 
 water of any street, gutter or public sewer, culvert, water pipe or 
 hydrant laid by the city, under a penalty of not less than live 
 dollars. 
 
 710. § 6. No person shall cut, injure, mark or deface any 
 public building belonging to the city, or any tree, grass, shrub or 
 walk, in any public square or park, under a penalty of not less 
 than two dollars. 
 
 711. § 7. No person shall throw or cast any stone or other 
 missile in, from or to, any street, public place, or inclosed ground, 
 under a penalty of not less than one dollar, nor more than fifty 
 dollars for each offeTise. 
 
 712. § 8. No person shall cast, throw, lay or place on any 
 sidewalk in this city, the rind or peel of any orange, banana, 
 apple, or other fruit, under a penalty of not less than one dollar 
 for each offense. 
 
 713. § 9. No person shall obstruct or encumber any street 
 
 corner, sidewalk, the post-office, or other public place in the city, 
 by lounging in or about the same; and after being requested to 
 move on by any police officer, and refusal to do so, the person so 
 ofi"ending shall be subject to a penalty of not less than five dollars 
 for each offense. ' 
 
RETISED ORDINANCES. 
 
 225 
 
 714. § 10. No person shall dig, cut or remove any sod or 
 earth from any steet or other public place within the city, without 
 a permit from the Superintendent of Streets, under a penalty of 
 not less than five dollars for each offense. 
 
 715. § 11. All idle persons who, not having visible means of 
 support, live without lawful employment; all persons habitually 
 and idly loitering about, or wandering abroad and visiting or stay- 
 ing about drinking saloons, houses of bad repute, gambling houses, 
 or railroad depots, or lodging in out* houses, sheds, barns, or in 
 the open air, and not giving a good account of themselves; all 
 persons wandering abroad and begging, or who go about from 
 door to door, or place themselves in the streets or other public 
 places to beg or receive alrhs, shall be deemed vagrants, and 
 upon conviction shall be subject to a penalty of not less than five 
 dollars. 
 
 716. § 12. No person shall indecently exhibit any stud horse, 
 jack or bull, or let any such horse or jack to any mare or mares, 
 or aii}'^ bull to any cow or cows, within the limits of this city, 
 unless in some enclosed place out of public view, under a penalty 
 of not less than ten dollars. 
 
 717. § 13. No person shall keep or maintain, or be an inmate 
 of, or in any way be connected with, or in any way contribute to 
 the support of any house of ill-fame, or any house reputed to be 
 a house of ill-fame or assignation, under a penalty of not less 
 than one hundred dollars for each offense : Promded^ that in 
 the case of inmates of such house the penalty upon the first 
 conviction hereunder may be fixed in any sum not less than fifty 
 dollars. 
 
 718. § 14. Any person appearing in a public place in a state 
 of nudity or in a dress not belonging to his or her sex, or in an 
 indecent or lewd dress, or who shall make any indecent exposure 
 of his or her person, or shall be guilty of any lewd or indecent 
 act or behavior, shall be subject to a penalty of not less than 
 twenty dollars. 
 
 719. § 15. Every house of ill-fame or house of assignation, 
 where men and women resort for the purpose of prostitution, is 
 hereby declared to be a nuisance. 
 
 720. § 16. Every person found in any house of ill-fame or 
 assignation, or in a house reputed to be a house of ill-fame or 
 assignation, shall be considered an inmate within the meaning of 
 section thirteen of this article. 
 
 721. § 17. No person shall exhibit, sell, or offer to sell or 
 distribute, any indecent or lewd book, picture, or other thing 
 whatever of an immoral or scandalous nature, nor shall any per- 
 son exhibit or perform any indecent, immoral or lewd play, or 
 
 15 
 
KEVISED ORDINANCES. 
 
 226 
 
 Other representation, under a penalty in either case of not less 
 than twenty-five dollars. 
 
 722. § 18. Any person who shall commit any indecent, lewd 
 or filthy act in any place in the city not specially provided for 
 that purpose, or shall utter any lewd or filthy words, or use any 
 threatening or abusive language in the hearing of other persons 
 publicly, shall be subject to a penalty of not less than five dol- 
 lars. 
 
 723. § 19- Any person who shall willfully disturb any con- 
 gregation or assembly met for religious worship or for any other 
 lawful purpose, by making any noise, or by rude and indecent 
 behavior, or profane talking within their place of worship or 
 assembling, or so near the same as to disturb the order of the 
 meeting, shall be subject to a penalty of not less than ten dollars. 
 
 724. § 20. No person shall get upon or off, or attempt to get 
 upon or off any locomotive engine, tender, car, or train of cars, 
 or any platform or step thereof, while the same or either of them 
 are in motion, without express permission to do so first obtained 
 from those in charge thereof, and any person violating this section 
 shall be subject to a penalty of Jiot loss than three dollars. 
 
 725. § 21. No person shall throw or deposit any water or 
 other licpiid in any part of any street, alley or lane, or public 
 place, except in the side gutter thereof under a penalty of not 
 less than two dollars for each offense. 
 
 726. § 22. No person shall use any sidewalk, street or other 
 public place in the city for the sale of any fruit, notions, or other 
 merchandise, without the written consent of the Mayor first ob- 
 tained, and the Mayor shall require the written consent of all 
 persons owning the premises in front of which it is proposed to 
 locate under such permission. Any violation of this section shall 
 subject the offender to a penalty of not less than three dollars for 
 eacli offense. 
 
 727. § 23. It shall nof be lawful for any person to leave a 
 horse or team standing in the streets of this city without being 
 properly and safeh^ tied. A violation of the provisions of this 
 section shall subject the offender to a penalty of not less than 
 three dollars. 
 
 728. § 24. Whoever, while hose belonging to the city shall 
 be stretched or laid upon the giound, shall drive or ride over and 
 upon said hose, such person not being in the pei-formance of his 
 duty in connection with the fire department, shall be subject to a 
 penalty of not less thaq five dollars. 
 
 720. § 25. No person shall draw off or allow to run off any 
 
 ground, street or place of said city the contents or any ])art 
 thereof, of any vault, privy, cess-pool or sink. Nor shall any 
 
REVISED ORDINANCES. 
 
 owner, tenant or occupant of any building to which any vault, 
 sink, privy or cess-pool, shall appertain or be attached, permit the 
 contents or any part thereof to flow therefrom or to rise within 
 two feet of any part of the top, or said contents to become offen- 
 sive. And no privy or other erection mentioned in this section 
 shall be filled or covered with dirt until its filthy contents shall 
 be emptied. The violation of this section shall subject the offen- 
 der to a penalty of not less than five dollars. 
 
 730. § 26. No meat, fish, birds, fowl, vegetables, or milk, not 
 then being healthful, fresh, sound, wholesome and safe for human 
 food, shall be brought into this city for the purpose of sale, or 
 offered or held for sale in public or private market as food, under 
 a penalty of not less than ten dollars. 
 
 731. § 27. Every butcher and every person owning, leasing 
 or occupying any place, room, or building where cattle, hogs, or 
 other animals are slaughtered, shall cause such place, room or 
 building and their yards and appurtenances to be thoroughly 
 cleansed of all blood, offal, fat, garbage, refuse, and any and all 
 unwholesome matter, at least once in every twenty-four hours 
 after its use for the purposes herein referred to. And any person 
 violating this section shall be subject to a penalty of not less than 
 five dollars. 
 
 732. § 28. Every butcher, grocer, milkman and their clerks 
 and agents shall allow the Board of Health, or any member thereof, 
 or any person authorized by the Board, to freely and fully ij)spect 
 their cattle, meats, milk, fish, fruit and vegetables held, offered 
 or intended for sale, and will be expected to answer all reasonable 
 questions in relation to the condition thereof, and of the places 
 where such articles may be. And any person violating this sec- 
 tion shall be subject to a penalty of not less than five dollars. 
 
 733. § 29. All fruits, vegetables and groceries of every 
 description that are usually sold by measure, shall be sold by the 
 bushel, or in aliquot parts of a bushel. And every person keep- 
 ing or offering for sale any such articles in packages or boxes not 
 representing and containing an aliquot part of a bushel, shall be 
 fined in a sum not less than five dollars for each offense. 
 
 734. § 30. Whoever shall knowingly or willfully make any 
 false alarm of fire, either by the voice or the ringing of bells, or 
 any false cry for assistance, or shall willfully hinder, delay or 
 obstruct any officer, fireman or other person, in the discharge of 
 his duty in the suppression of any fire, or about any other matter 
 of duty, shall be subject to a })enalty of not less than five dollars. 
 
 735. § 31. No person shall use any fire engine, hose or ap})a- 
 ratus belonging to the city or any fire company, for any private 
 purpose, nor remove the same from its proper custody or deposit. 
 
228 
 
 REVISED ORDINANCES. 
 
 and no person having the custody thereof shall permit it to be 
 used for any private purpose, and the party violating any of the 
 provisions of this section shall be subject to a penalty of not less 
 than five dollars. 
 
 73G. § 32. Whoever shall willfully, maliciousl}^ or negligently 
 break, deface, destroy or otherwise injure any fire engine, hose, 
 or other fire apparatus, belonging to the city or any fire company, 
 or shall remove any screws, bolts, or parts thereof, shall be sub- 
 ject to a penalty of not less than twenty dollars. 
 
 737. § 33. Any person having or having had small-pox, or 
 other like malio-nant and infectious disease, who shall sro about 
 in any public place, before, in the opinion of the Commissioner 
 of Health, he shall be past all danger of giving the disease to 
 others, shall be subject to a penalty of not less than twenty-five 
 dollars. Any person attending or being about any other person 
 having the small-pox or other like infectious disease, who shall 
 not change or purify his wearing apparel before going into any 
 public place, or shall otherwise conduct himself as to endanger 
 the spreading of the disease or the giving of it to others, shall be 
 subject to a penalty of not less than twenty-five dollars. 
 
 738. § 34. Whoever shall keep, sell or deliver any poison or 
 
 drug known or used as a deadly poison, without legibly marking 
 the name thereof, and the word upon the phial, wrapper, 
 
 or other enclosure containing the same, or shall sell or deliver any 
 arsenic, strychnine, prussic acid, or other poison, usually known 
 as a deadly poison, to any person known to him, without register- 
 ing the name of such person, and the kind and quantity of the 
 thing sold or delivered, and the purpose for which it was obtained, 
 or shall sell oi‘ deliver any such poison to a person unknown to 
 him, shall be subject to a penalty of not less than five dollars in 
 each case. But the sale or delivery of such poison as a medicine, 
 upon the prescription of a practicing physician, shall not be 
 deemed a violation of this section. 
 
 739. § 35. Whoever shall, without permission of the City 
 Council, obstruct, fill up, or change the channel of Cedar Fork, or 
 any of the l)ranches thereof, or any other natural drain within the 
 city, or any other open drain in any street or alley, whether by 
 diofo'ino- fillino; with earth, or by throwing or leaving in the same 
 any brush, straw, paper, or rubbish or other matter of any kind, 
 shall be subject to a penalty of not less than ten dollars, and a 
 like penalty for each day’s continuance thereof after due notice to 
 remove or reinedv the same. 
 
 740. § 3G. Each and eveiy sale made by any person whether 
 for his own gain or as agent for any person or corporation for 
 private gain, wherein any part of the article received or to be 
 
REVISED ORDINANCES. 
 
 2^Z9 
 
 received by the purchaser, either as to quality or value, shall in 
 any manner depend upon any chance, whether by means of checks, 
 envelopes, numbers, cards, dice, or by any other means whatever, 
 is hereby declared to be unlawful, and any person offending 
 against the provisions of this section shall be subject to a penalty 
 of not less than twenty-five dollars. 
 
 741. § 37. Whoever, as a peddler, shall enter any private 
 dwelling without being admitted into the same, or shall insist 
 upon the showing or sale of his goods or wares to any person after 
 being requested not to do so, or shall annoy any person by impor- 
 tunities to purchase, or shall obstruct any sidewalk or street by 
 the opening of his goods and wares, drugs or other things, shall be 
 subject to a penalty of not less than three dollars for each offense, 
 and the forfeiture of his license in the discretion of the Mayor or 
 City Council. 
 
 742. § 38. Whoever shall aid, abet, or encourage any unlaw- 
 ful act, or violation of any ordinance of the city, shall be deemed 
 a principal and subject to a penalty for the commission of such 
 offense. 
 
 743. § 39. It shall be the duty of the court before whom suits 
 for violations of the city ordinances may be tried, to apportion the 
 penalty according to the degree or character of the offense not 
 less than the least sum that may be provided for each offense, nor 
 more than two hundred dollars. 
 
 CHAPTER XXX. 
 
 NUISANCES. 
 
 Section. 
 
 1. PremifseB iu filthy conditiou declared 
 
 uiiisiince; penalty for maintaining. 
 
 2. Offensive liquid flowing from premises ; 
 
 nuisance. 
 
 3. Nuisances to be abated. Method of 
 
 al)atement, etc. 
 
 4. Stagnant water a nuisance. 
 
 5. Dilapidated wooden structure in fire 
 
 limits a nuisance. 
 
 Section. 
 
 6. Dangerous buildings a nuisance. 
 
 7. Cattle pens, stock yards, etc. ; when 
 
 filthy a nuisance. 
 
 8. Scaffolds to be safely constructed ; pen- 
 
 alty. 
 
 9. Other nuisances; suppression of. 
 to. Clerk to publish notice. 
 
 11. Officer to abate, etc., and report to 
 Council. 
 
 744. § 1. Any premises or jiart thereof, which may be nau- 
 
 seous or offensive to any person or family residing near the same, 
 or persons passing along any street or alley near the same, or 
 which may be in such a condition as to be detrimental or obnox- 
 ious to the public health or comfort, shall be deemed a nuisance; 
 
230 
 
 REVISED ORDINANCES. 
 
 and any owner or occupant of such premises, who shall neglect or 
 refuse to abate such nuisance, after notice thereof by the Super- 
 intendent of Streets, the Marshal, or any policeman, or any mem- 
 ber of the Board of Health, shall be subject to a penalty of not 
 less than three dollars for each day he shall so neglect or refuse. 
 
 745. § 2. Any nauseous, foul, offensive, or putrid liquid or 
 substance, or any liquid or substance likely to become nauseous, 
 foul, offensive, or putrid, which may be discharged, placed or 
 thrown, or flow from or out of any premises, into any street or 
 alley, or into or upon any adjacent premises, is hereby declared a 
 nuisance; and whoever shall permit any such nuisance to be dis- 
 charged, or to flow from or out of any pretnises owned or occu- 
 pied by him or under his control, into any street or alley, or into 
 any adjacent premises, shall be subject to a penalty of not less 
 than three dollars for each day he shall not abate, remedy or 
 remove the same, after notice thereof by the Superintendent of 
 Streets, the Marshal, any policeman or any person aggrieved 
 thereby. 
 
 746. § 3. When any nuisance or any thing likely to become 
 a nuisance, may be found upon any premises, the owner, occupant, 
 or agent of such premises shall be notified by the Marshal or any 
 policeman in writing to abate the same; and if such owner or his 
 agent or occupant, whose duty it is to abate such nuisance, shall 
 not within twenty-four hours thereafter comply with such notice, 
 he shall be subject to a penalty of not less than three dollars, 
 and the officer shall proceed without delay to bring suit in the 
 name of the city against the person liable therefor, for the pen- 
 alty hereby imposed. 
 
 747. § 4. Any lot or premises upon which stagnant water 
 may be standing so as to become or be likely to become putrid, 
 foul or offensive, or detrimental to the health and comfort of per- 
 sons residing in the neighborhood thereof, is hereby declared a 
 nuisance. 
 
 748. § 5. Any wooden building or wooden part of any build- 
 ing in the fire limits, which may be situated within thirty feet of 
 any contiguous building, and which shall be so dilapidated and 
 out of repair as to be untenantable, is hereby declared to be a 
 nuisance. 
 
 749. § 6. Any building, or erection, or part thereof, which 
 shall be in danger of falling, or otherwise in such a condition as 
 to endanger the safety of persons passing under or near the same, 
 or residing adjacent thereto, or to endanger any property con- 
 tiguous thereto, is hereby declared to be a nuisance. 
 
 750. § 7. All cattle-pens, stock lots, stock yards, chutes and 
 places used for receiving, or loading or unloading, or quartering 
 
REVISED O RDI N A ISTCES. 
 
 231 
 
 or shipping any horses, mules, cattle, hogs or sheep, which are 
 detrimental and obnoxious to the health or comfort of persons 
 residing iinthe neighborhood of the same, by reason of the filthy 
 condition thereof, are hereby declared to be nuisances. 
 
 751. § 8. All scaffolds or other erections used in the construc- 
 tion of any building, shall be made secure and sufficiently wide 
 to insure the safety of persons tvorking thereon or passing under 
 the same, against the falling thereof, or of materials that may be 
 placed thereon. Any scaffold or other erection which may be 
 otherwise constructed, shall be deemed a nuisance, and whoever 
 shall erect or use any such insecure or dangerous scaffold or 
 other erection, shall be subject to a penalty of not less than ten 
 dollars. 
 
 752. § 9. When the existence of any nuisance other than 
 those herein specifically set down, not coming within the pro- 
 vince of the Boai'd of Health as provided by chapter XIX. of 
 this ordinance, shall in any manner come to the knowledge of the 
 City Council, the subject shall be referred to an appropriate com- 
 mittee, which committee shall at once proceed to make examina- 
 tion of the locality and character of the supposed nuisance, and 
 make immediate report to the Council of the condition thereof. 
 
 753. § 10. Upon the passage of any order by the City 
 Council for the abatement of any nuisance in this chapter men- 
 tioned, the City Clerk shall cause the same to be published 
 once in any newspaper published in the city, which publication 
 shall be deemed and taken to be a sufficient notice to all per- 
 sons interested therein. If any person, being the owner or occu- 
 pant, or having the control of the premises named in such order, 
 shall neglect or refuse to obey the same by abating the nuisance 
 thereifi named in some effectual manner, within the time therein 
 specified, every such person so offending shall be subject to a 
 penalty of not less than twenty dollars. 
 
 754. § 11. Upon the expiration of the time limited in any 
 such order for the abatement of such nuisances by the owner, 
 occupant or person having control of the premises, the City Clerk 
 shall make out a copy of the order, certifying to its authenticity 
 and its due publication, under liis official signature, and the seal 
 of the city, and shall at once deliver such certified copy to the 
 officer therein required to execute the same; which officer shall 
 at once proceed to execute the said order of the Council in the 
 most speedy and effectual mann«r, and shall thereupon make a 
 written endorsement upon such certified order, of his doings by 
 virtue thereof, including therein a j^articular account of the costs 
 and expense of performing the same; and shall return to the 
 Council, as soon as may be, the said order with his said endorse- 
 ment thereupon, as his report. 
 
CHAPTER XXXI. 
 
 OFFICIAL AUTHORITY. 
 
 Section. 
 
 1. Assisting prisoner to escape, etc. ; pen- 
 
 alty for. 
 
 2. Abusing, supplying liquor to prisoner, 
 
 etc. ; penalty for. 
 
 Section. 
 
 3. Fraudulent receipt of city officer; pen- 
 alty for. 
 
 755 . § 1. Whoever shall rescue or attempt to rescue any 
 person from the custody of an officer or any person having such 
 person legally in custody, or shall molest or interfere with any 
 officer or person so having any person in custody, or shall in any 
 manner aid, abet or encourage the rescue or escape, or the attempt 
 to escape from imprisonment or custody of any person legally 
 committed thereto, or shall supply or attempt to supply any such 
 person with any weapon, or with any implement or means of 
 escape, or for attempting to escape, or shall aid, abet or encour- 
 age any other person to perform any one of the acts hereinbefore 
 mentioned and forbidden, shall be subject to a penalty of not less 
 than twenty-five dollars. 
 
 756. § 2 . The keeper of the prison shall treat all persons 
 committed to his charge with kindness and humanity, and if he 
 shall unnecessarily assault, abuse or maltreat any person in his 
 custody, or shall knowingly suifer it to be done b}’’ others, or shall 
 supply any person in custody with intoxicating liquors as a bev- 
 erage, or knowingly suffer it to be done by others, or be guilty of 
 any lascivious behavior or other improper conduct toward any 
 female in his custody, or knowdngly suffer or permit others to be 
 o;uiltv thereof, whether with or wdthout her encourao’ement or 
 permission, or shall fail to suppply each and any person in his cus- 
 tod}^ with a sufficient quantity of wholesome food and drink, at 
 reasonable and proper intervals, or shall fail to supply each and 
 any person in his custody with sufficient and comfortable bedding, 
 he shall in each case be subject to a penalty of not less than 
 twenty-five dollars, and any other police officer, making like 
 arrests, or having like custody of any person charged with any 
 crime or misdemeanor, who shall be guilty of any like acts of 
 abuse or cruel or improper treatment, or neglect of duty towards 
 any person so in custody, or under arrest, shall be subject to a 
 like penalty of twenty-five dollars. 
 
 757. § 3. Any city weigher or inspector, or other police or 
 civil officer, who shall give any false or fraudulent certificate of 
 weight, or any other matter or thing, to the prejudice of the city. 
 
REVISED ORDINANCES. 
 
 233 
 
 or contrary to the truth and to the duty of such officer in that 
 behalf, shall on conviction be subject to a penalty of not less than 
 ten dollars. 
 
 CHAPTER XXXII. 
 
 OFFICIAL BONDS. 
 
 Section. i Section. 
 
 1. Officers of city shall give bonds. CJity cjfficers shall not be bondsmen for 
 
 I each other. 
 
 2. Condition of, etc. j 4_ Amount of several bonds. 
 
 758. § 1. The several city officers, except aldermen, shall, 
 before entering upon the discharge of the duties of theij office, 
 give bond to the City of Galesburg, in the sum hereinafter named 
 for their respective offices, which bonds shall be signed by the 
 principal thereof, with good and sufficient securities to be ap- 
 proved by the City Council. 
 
 759. § 2. The bond of each such officer shall be conditioned 
 that he will faithfully execute the duties of his office, and account 
 for, pay over and deliver according to law, all moneys and other 
 property received by him on account of the city. 
 
 760. § 3. No member of the City Council or officer of the 
 city shall be received as surety on the official bond of any city 
 officer. 
 
 761. § 4. The several city officers hereinafter named shall 
 give bonds as herein provided, as follows : 
 
 The Mayor in the sum of three thousand dollars. 
 
 The City Clerk in the sum of one thousand dollars. 
 
 The City Attorney in the sum of one thousand dollars. 
 
 The City Treasurer in the sum of sixty thousand dollars. 
 
 The City Engineer and Surveyor in the sum of one thousand 
 dollars. 
 
 The City Superintendent of Streets in the sum of one thousand 
 dollars. 
 
 The City Physician in the sum of one thousand dollars. 
 
 The Poormaster in the sum of one thousand dollars. 
 
 The City Marshal in the sum of one thousand dollars. 
 
 The Commissioner of Health in the sum of one thousand 
 dollars. 
 
 The Superintendent of Street Lighting in the sum of one 
 thousand dollars. 
 
534 
 
 REVISED ORDINANCES. 
 
 The Inspector of Wood and Coal in the sum of five hundred 
 dollars. 
 
 The Sealer of Weio-hts and Measures in the sum of five hun- 
 
 O 
 
 dred dollars. 
 
 The Inspector of Mineral Oils in the sum of five hundred 
 dollars. 
 
 CHAPTER XXXIII. 
 
 PARK COMMISSIONERS. 
 
 Section. 
 
 1. Establishing Board of Park Commis- 
 
 sioners. 
 
 2. How continued. 
 
 • 
 
 [ Section. 
 
 3. Shall serve without compensation. 
 
 4. Shall have control of public grounds 
 
 5. Expenditures of ; how made. 
 
 762. § 1. There shall be a Board of Park Commissioners, to 
 consist of six persons, to be styled “The Board of Park Commis- 
 sioners of the City of Galesburg.” Such persons shall be ap- 
 pointed by the Mayor, with the advice and consent of the City 
 Council, and shall hold their offices for the term of three years 
 from their appointment and confirmation by the City Council, 
 and until their successors are a]tpointed and qualified. 
 
 763. § 2. The Board of Paik Commissioners, as heretofore 
 constituted, is hereby recognized and shall be continued as fol- 
 lows ; Two of said Park Commissioners shall be appointed by the 
 Mayor during the month of April in each year, who shall take 
 the place of the two outgoing Park Commissioners. 
 
 764. § 3. Such Board of Park Commissioners shall serve 
 without compensation and shall perform the duties herein pro- 
 vided for, and such other duties as shall from time to time be 
 imposed upon them by ordinance. 
 
 765. § 4. Such Board of Park Commissioners shall have the 
 supervision and control of all parks and public grounds, and with 
 the consent of the Board of Education of the City of Galesburg, 
 of all gi-ounds surrounding public school buildings, and shall 
 expend such sum or sums of money as shall from time to time be 
 appropriated by the City Council or the Board of Education for 
 such purposes, in enclosing said parks and public grounds, and 
 when necessary in laying out and constructing drives in said 
 parks and public grounds, in setting put, protecting and trimming 
 trees, in laying out and furnishing walks, lawns and ornamental 
 plats in such parks, public grounds and grounds surrounding said 
 
REVISED ORDINANCES. 
 
 235 
 
 public school building's, and in such other manner as shall be 
 deemed by said Co’nimissioners necessai-y in beautifying, improv- 
 ing, protecting and adorning such parks, public grounds and 
 school house premises : Provided^ JiO'wevey\ that in the powers con- 
 ferred by this chaprer over grounds surrounding public school 
 buildings, the Board of Education of the City of Galesburg shall 
 be associated with such Board of Park Commissioners, and shall 
 have an equal voice and vote with said Board of Park Commis- 
 sioners : And provided^ further^ that no money that may be appro- 
 priated by said Board of Education for the purpose aforesaid 
 shall be expended except in and upon the grounds surrounding 
 such public school buildings. 
 
 766. 8 5. Said Board of Park Commissioners shall organize 
 
 immediately after the annual appointment and confii'mation of the 
 new members by electing from their members a president, secre- 
 tary, financial secretary and such committees and other officers as 
 said Board shall deem necessary or expedient, said officers to hold 
 office for the term of one year and until the election of their suc- 
 cessors. All orders upon the City Treasurer for the payment of 
 money exjiended under the provisions of this chapter shall be 
 signed by the president and financial secretary of such Board, and 
 shall be presented to the City Clerk at his office on or before the 
 first Monday of each month, when and where they shall be signed 
 l)y the Mayor and countersigned by the City Clerk ; and said 
 Board of Park Commissioners shall, through their president, make 
 ([uarterly reports to the City Council and Board of Education of 
 the proceedings of said Board of Park Commissioners during the 
 preceding quarter. 
 
236 
 
 REVISED ORDINANCES. 
 
 CHAPTER XXXIV. 
 
 PARKS. 
 
 Section. 
 
 1. Auction or other sales upon prohibited. 
 
 767. § ] . It shall be unlawful for any person or persons, by 
 
 themselves or agents, to offer for sale at auction or otherwise, any 
 goods, wares, merchandise or other property, in or upon any en- 
 closed park or square belonging to the city, or so near the same 
 as to cause it to be occupied to the detriment thereof. And any 
 person or persons violating the provisions of this section shall be 
 subject to a penalty of not less than five dollars ; Provided., how- 
 ever., that it may be lawful to use the city wood and coal yard for 
 the purposes hereinbefore enumerated. 
 
 CHAPTER XXXV. 
 
 PARKS AND PUBLIC GROUNDS. 
 
 Section. 
 
 1. Shall croee parks at usual places. 
 
 2. What forbidden iu parks. 
 
 3. Who may arrest. 
 
 Section. 
 
 4. Penalty for violation. 
 
 5. Park to be opened for public, etc 
 
 768. § 1. No person shall enter or leave any of the public 
 parks of this city except by the usual gateways or passage ways; 
 and no person shall in crossing any such park walk outside of the 
 paths and walks made or designated by the Park Commissioners 
 for that purpose. 
 
 769. § 2. All persons are forbidden to lie down upon the 
 grass in any such park, or to throw within it any stones or mis- 
 siles, or commit any nuisance therein. 
 
 770. § 3. Any person authorized by the ordinances to make 
 arrests shall have power to arrest any person who shall not desist 
 from a violation of this chapter when directed. 
 
 771. § 4. Any person violating the three preceding sections 
 shall be subject to a penalty of not less than five nor more than 
 twenty-five dollars. 
 
 772. § 5. The Board of Park Commissioners, shall on at least 
 two half days in each week, cause certain portions of the city 
 parks, to be designated by said Board, to be opened for the use 
 and enjoyment of the public : Provided, however, that in cases of 
 stormy or muddy weather such privilege shall not be granted. 
 
REVISED ORDINANCES. 
 
 237 
 
 CHAPTER XXXVI. 
 
 0 
 
 PERSONATING AN OFFICER. 
 
 Section. i Section. 
 
 1. Personating an officer ; penalty for. j 2. Resisting officer ; assisting in escape, etc. 
 
 773. § 1. Whoever falsely assumes or pretends to be the 
 City Marshal, a police officer, special constable, constable or any 
 other officer of the city, or county of Knox, or takes upon himself 
 to act as such, or to require any person to aid or assist him in a 
 matter pertaining- to the duty of any such officer, or shall, without 
 due authority, wear any star, badge or other mark puporting to 
 be that of a police officer, or other officer of the city, or of said 
 county, or who shall aid, abet, or encourage any other person to 
 do any of the foregoing acts, or to [)erform any official act without 
 due authority, shall be subject to a penalty of not less than ten 
 dollars. 
 
 774. § 2. Whoever shall knowingly and willfully assault, 
 beat, obstruct, resist, hinder, delay or oppose any police officer or 
 other conservator of the peace of the city, or any peison aiding 
 such officer in the discharge of any official duty, or shall refuse gr 
 neglect to obey any lawful order or direction of such officer, or 
 shall refuse or neglect to aid and assist such officer in taking or 
 arresting or securing any person subject to be arrested in accord- 
 ance with any ordinance of the city or criminal law of the State, 
 or shall neglect or refuse to aid in retaking or securing any 
 person, who, having been lawfully arrested or confined as afore- 
 said, may have escaped from such arrest or imprisonment, or shall 
 neglect or refuse to aid and assist in preventing any breach of the 
 peace, or the commission of any criminal offense, being thereto 
 lawfully required by any police officer, special constable or other 
 conservator of the peace, shall be subject to a penalty of not less 
 than ten dollars. 
 
2:^8 
 
 tlEVlSEt) ORDINA^fCES. 
 
 CHAPTER XXXVII. 
 
 PEACE AND GOOD ORDER. 
 
 Section. 
 
 1. Loitering about churches, etc., forbid- 
 
 den; penalty. 
 
 2, Disorderly conduct, threats, etc. ; pen- 
 
 alty. 
 
 Section. 
 
 3. Places of amusement, etc.; rules for. 
 
 4. Encouraging dog-fighting, etc.; pen- 
 
 alty. 
 
 775. § 1. It shall be unlawful for any person unnecessarily 
 to loiter about the doors or entrance of any hall, church, or other 
 public building’, to the inconvenience of those passing in and 
 out, and any person so loitering or standing about, after being 
 commanded — by any person in charge of any such hall, or other 
 public building, or officers or ushers of any such church or place 
 of worship — to move on, who shall refuse so to do, shall be sub- 
 ject to a penalty of not less than five dollars. 
 
 776. § 2. Whoever shall assault, strike or beat another, or 
 by mutual agreement fight another, or shall disturb the public 
 peace by any violent, tumultuous, offensive or disorderly conduct, 
 or shall be guilty of any act, language, or conduct calculated to 
 provoke a breach of the peace, or shall conduct himself in a riot- 
 ous or disorderly manner at any place of exhibition or amusement, 
 or shall heedlessly or willfully disturb any assembly met for reli- 
 gious worship, or any assembly met for any purpose, shall be 
 subject to a penalty of not less than three dollars. 
 
 777. § 3. Any keeper of a place of amusement who shall 
 suffer or permit any minor to frequent or loiter about the premi- 
 ses occupied by him, or to play any game therein without the writ- 
 ten consent of the parent or guardian of such minor, or shall suffer 
 any loud or boisterous talking, or any obscene or profane lan- 
 guage, or any quarreling, fighting, or other disturbance in or 
 about such place of amusement, or in any place adjacent thereto 
 under his control, or shall suffer or permit any playing or amuse- 
 ment, or assemblage of persons therein or thereabout on Sunday 
 or Sunday night, or shall suffer or permit such place of amuse- 
 ment to be kept open later than eleven o’clock, p. m., at any time 
 of year, and any keeper or proprietor of any dram shop who 
 shall suffer or permit any minor to loiter about the premises 
 occupied or controlled by him, or to drink therein, without the 
 previous written consent of the parent or guardian of such minor, 
 or shall suffer any loud noises, boisterous talking, profane or 
 obscene language, quarreling or fighting, or other disturbance, in 
 his dram shop, or shall suffer or permit any person to have access 
 to or to drink at and in said dram shop on Sunday or Sunday 
 
REVISED ORDINANCES. 
 
 239 
 
 night, or shall fail to close up and debar all access into said saloon 
 after the hour of eleven o’clock p. ni., shall for a violation of any 
 of the provisions of this section, be subject to a penalty of not 
 
 less than twentv-five dollars. 
 
 «/ 
 
 778. § 4. Whoever shall, by gesture or otherwise, encourage 
 
 dogs to fight or to continue fighting, shall be subject to a penalty 
 of not less than three dollars. The police officers shall suppress 
 all dog-fighting, and arrest the parties encouraging the same. 
 
 CHAPTER XXXVIII. 
 
 POLICE MAGISTRATES. 
 
 Section. 
 
 1. Establishing number of Justices, etc. 
 
 779. § 1. There shall be one Police Magistrate and three 
 
 Justices of the Peace in this city and no more. 
 
 CHAPTER XXXIX. 
 
 PRIVATE DRAINS. 
 
 Section. 
 
 1. Permit of Mayor necessary for. 
 
 2. City Engineer to approve plans for. 
 
 Section. 
 
 3. Council to grant permission in case of 
 
 special assessment. 
 
 4. Penalty for violation. 
 
 780. § !• It shall not be lawful for any person to construct, 
 or cause or permit to be constructed, any private drain or sewer 
 leading into any sewer built by the city, except by special permit 
 from the Mayor, and under the supervision of the Superintendent 
 of Streets. 
 
 781. § 2. No such permit shall be granted except after the 
 submission of plans for such drain and connection approved by 
 the City Engineer; and the construction of such drain and con- 
 nection shall conform to such plans. 
 
 782. § 3. Nor shall any such permit be granted to connect 
 any [)remises with any sewer built by the city, either whollv or 
 partially by special assessment, unless such premises were 
 assessed for the construction of such sewer, and the assessment 
 thereon duly paid ; except after application made to the City 
 Council, and approval by the Council. 
 
240 
 
 REVISED ORDINANCES. 
 
 783. § 4. Whoever shall violate any of the provisions of this 
 
 chapter shall be subject to a penalty of not less than ten dollars 
 for each olfense, and shall be also subject to the payment of all 
 damages that may be done by such violation. 
 
 CHAPTER XL. 
 
 
 PORTERS AND RUNNERS. 
 
 Section. 
 
 1. Hotels, etc., to have but one runner. 
 
 2. Runners shall wear badge, etc. 
 
 3. Shall solicit passengers on grounds fur- 
 
 nished by R. R. Co. 
 
 Section. 
 
 4. Shall post ordinance in conveyance 
 
 5. Penalty for violation. 
 
 6. Policemen to attend trains. 
 
 784. § 1. It shall be unlawful for any hotel, or any hack, 
 omnibus or other vehicle for carrying passengers or baggage, to 
 have more than one runner or porter on the grounds of any rail- 
 road company whose depot is located within the limits of this 
 city, to solicit passengers or baggage. The proprietor of any 
 hotel, hack, omnibus, or baggage wagon, if engaged in soliciting 
 passengers or baggage, shall be considered a runner, and subject 
 to the following rules and regulations : 
 
 785. § 2. Every runner or porter is required to wear a metal- 
 lic badge exposed to view, bearing the name of the house if any, 
 and name or number of the hack, omnibus, baggage wagon or 
 other vehicle which he represents; and each proprietor shall be 
 responsible for the acts of his runner or porter. 
 
 786. § 3. It shall be unlawful for any runner, porter or other 
 person to solicit passengers or baggage on the depot grounds at 
 any other place than that provided for such purposes by the com- 
 pany having control of the grounds, and then not in a boisterous 
 tone of voice. 
 
 787. § 4. The owner or driver of any hack, omnibus or other 
 public conveyances shall at all times, keep posted in a conspicu- 
 ous place inside their respective conveyances a printed copy of 
 section 13 of chapter XXVII. of this ordinance. 
 
 788. § 5. Whoever shall violate any of the sections of this 
 chapter shall be subject to a penalty of not less than five dollars. 
 
 789. § 6. The City Marshal, or some policeman, shall attend 
 the arrival and departure of all passenger trains, and preserve 
 peace and good order, and arrest all persons found violating this 
 chapter with or without warrant. 
 
REVISED ORDINANCES. 
 
 241 
 
 CHAPTER XLI. 
 
 PRIVY VAULTS. 
 
 Section. Section. 
 
 1. Consent necessary for digging. 2. Penalty for maintaining. 
 
 790. § 1. No person shall dig or procure to be dug any privy 
 vault on any lot within this city within sixty feet of any dwelling 
 house or well, without having first procured the written consent 
 of the Commissioner of Health. 
 
 791. § 2. Any person violating this chapter shall be subject 
 to a penalty of not less than five dollars; and shall, upon the 
 order of the Commissioner of Health, at once fill up such privy 
 vault, first removing the filthy contents thereof; or in default of 
 so doing shall be subject to a penalty of not less than two dollars 
 for each day’s neglect or refusal to do so. 
 
 CHAPTER XLir. 
 
 PUBLIC HALLS. 
 
 Section. j 
 
 1. Buildings to be provided vrith ladders j 
 
 and supplied with hose. 
 
 2. Doors to swing outward. 
 
 3. Fire extinguishers in halls, hotels and | 
 
 school buildings. 
 
 4., Firemen to attend entertainments. 
 
 6. Stairways in public halls— hand-i’all- i 
 ings. I 
 
 6. Exits from public halls--size and num- ' 
 
 ber of. 
 
 7. Galleries to have exit at each end- 
 
 size and manner of construction. 
 
 8. Stairways in hotels and lodging houses 
 
 — to be at opposite ends— size, etc. 
 
 9. Lodging rooms to be supplied with 
 
 rope, etc. 
 
 10. Keepers of hotels and lodging rooms 
 
 to employ watchmen— regulations. 
 
 11. Board of Fire Commissioners— how 
 
 constituted — no compensation. 
 
 Section. 
 
 12. City Clerk to act as Clerk of Board — 
 
 no compensation. 
 
 13. City Marshal to execute orders, etc., 
 
 of Board — no compensation. 
 
 14. Board of Fire Commissioners to in- 
 
 spect buildings and plans— majority 
 a quorum. 
 
 15. Board of Fire Commissioners to notify 
 
 parties to properly construct build- 
 ings, etc. 
 
 16. Penalty for failure to comply with or- 
 
 ders of Board, in buildings already 
 constructed. 
 
 17. Penalty for failure to comply in cases 
 
 of buildings in process of erection. 
 
 18. Examination of chimneys— manner of 
 
 conducting — order — penalty for vio- 
 lation. 
 
 19. Examinations on complaint— notice- 
 
 penalty. 
 
 20. Penalty for violations of sections. 
 
 792. § 1. All buildings of three or more stories in height 
 
 shall be provided with one or more metallic (iron) ladders, with 
 stand pipe hose attached (of three inch calibre), extending from 
 within ten feet of the ground or walk to the roof, with proper caps 
 16 
 
242 
 
 REVISED O EDINA XCES. 
 
 or cases, and supplied with at least fifty feet of two and one-half 
 inch hose, attached and attachable at the top of stand pipe. The 
 numbers, location and construction to be under direction of the 
 Board of Fire Commissioners. 
 
 793. § 2. All doors of public halls, theatres, hotels, churches, 
 seminaries, school buildings or other rooms, wherein crowds of 
 people occasionally assemble, shall be made to swing outward. 
 
 794. § 3. Every theatre, public hall, hotel, seminary and 
 school building shall, within thirty days after notice by the Board' 
 of Fire Commissioners, be provided with fire extinguishers, in 
 such numbers and of such size and capacity as may meet the 
 approval of the Board of Fire Commissioners. 
 
 795. § 4. The Chief Engineer of the Fire Department shall 
 detail two efficient firemen of the City Fire Department to attend 
 at each theatre and public hall during every public entertainment 
 therein, and remain on duty there during and until the audience 
 passes out at the close of such entertainment. It shall be the 
 duty of such firemen at all times to see to it that all fire prevent- 
 ing and fire extinguishing apparatus provided for such hall or 
 theatre is at all times in g^ood working* order and condition. The 
 Chief Engineer of the Fire Department may temporarily withdraw 
 such firemen from the building in case he requires their services 
 elsewhere at a fire. 
 
 796. § 5. No stairway" to any theatre or public hall hereafter 
 to be erected, shall rise more than ten feet without a platform, 
 and no winders, wheeling or circular steps shall be used. Each 
 stairway and passage way, shall have a strong hand rail on each 
 side thereof through its entire length. 
 
 797. § 6. Every theatre or public hall hereafter to be erected 
 with accommodations for five hundred or more persons shall have 
 at least two separate and distinct exits, to be as far apart as may 
 be found practicable. Those accommodating seven hundred or 
 more persons shall have at least three separate and distinct exits. 
 The exits from all galleries shall be independent of and separate 
 from the exits of the main floor. The egress, openings and stair- 
 ways shall in no case be less than flve feet wide, nor aggegate a 
 less proportion than eighteen inches for each one hundred per- 
 sons such theatre or public hall may accommodate. 
 
 798. § 7. Every public hall heretofore erected having a gal- 
 lery on one or more sides thereof, kept for use at public entertain- 
 ments, shall, within thirty days from the passage of this ordinance, 
 be provided with at least one stairway four feet wide upon each 
 side so occupied, leading from the gallery at the end opposite the 
 principal entrance to such gallery, down to the main floor of the 
 hall. Every such public hall shall also have a stairway not less 
 
REVISED ORDINANCES. 
 
 243 
 
 than six feet wide, leading from the end of the hall opposite the 
 main entrance to the floor of the story below, or to the street walk. 
 In case such stairway opens onto and terminates on the floor of 
 the story below the hall, it shall open into a hallway not less than 
 eight feet in width leading to and opening onto a straight stair- 
 way not less than eight feet in width leading directly to the street 
 or alley. Such stairways and exits shall be firmly and substan- 
 tially constructed, and at all titnes kept in safe and excellent con- 
 dition, affording safe and convenient means of exit in case of fire 
 alarm, and constructed and maintained as directed by the Board 
 of Fire Commissioners from and after thirty days from the pas- 
 sage hereof, and in default thereof the hall shall be closed during 
 such non-compliance. 
 
 799. 8 8. No hotel or other building; more than two stories 
 
 O O 
 
 in height shall be used for lodging persons or used as lodging 
 rooms above tlie second story thereof, unless and until each floor 
 is provided with at least two stairways of such width as the Board 
 of Fire Commissioners may determine, safely and substantially 
 constructed and kept, affording safe and convenient means of exit 
 from such building at all titnes. Such stairways shall be situate 
 as nearly as may be at opposite ends of such building with espe- 
 cial rega.rd to safe egress of all persons in such building in case of 
 fire and at all times. 
 
 800. § 9 Every lodging room above the second floor in any 
 building, shall, previously to being occupied as such, be provided 
 with a good and sufficient rope of not less than one-half inch in 
 diameter at all times firmly attached to a beam, post or timber in 
 the room, and of sufficient length to reach from the window of 
 such bed room to the ground or walk beneath, and so looped or 
 knotted as in the judgment of the Board of Fire Commissioners 
 shall furnish safe escape for the person or persons lodging in such 
 room in case of fire. 
 
 801. § 10. The keeper of each building occupied as a hotel or 
 lodging rooms, capable of accommodating fifty or more persons, 
 shall at all times keep in his employ a night watchman constantly 
 on duty in such building, under such regulations as may from 
 time to time be established by the Board of Fire Commissioners. 
 
 802. § 11. For the pui'pose of carrying out the provisions of 
 this chapter, there is hereby constituted a Board of Fire Com- 
 missioners, to be composed of the Mayor, Chief Engineer of the 
 Fire De})artment, and the Chairman of the Fire Committee, who 
 shall serve upon said Board without extra compensation. 
 
 803. § 12. It shall be the duty of the City Clerk to act as 
 Clerk of the Board of Fire Commissioners without extra compen- 
 sation. 
 
244 
 
 REVISED ORDINANCES. 
 
 804. § 13. It shall be the duty of the City Marshal to exe- 
 cute all orders of and to deliver all notices issued by the Board 
 of Fire Commissioners, without extra compensation. 
 
 805. § 14. A majority of the Board of Fire Commissioners 
 shall constitute a quorum to do business, and it shall be their 
 duty to inspect all buildings now erected, and hereafter to inspect 
 the plans of all new buildings before tiiey are erected, and which 
 are intended to be covered by the provisions of this chapter, for 
 the purpose of ascertaining if the same are constructed and about 
 to be constructed and arranged in accordance with the provisions 
 of this chapter, and of the chapter providing for and regulating 
 the construction of buildings within the fire limits. 
 
 806. § 15. Whenever upon careful examination the Board of 
 Fire Commissioners shall find any building within the provisions 
 of either or both chapters mentioned in section fourteen hereof, 
 not constructed, arranged and provided as therein provided, or 
 not conforming in all respects to the regulations established by 
 such Board thereunder, and in like manner whenever said Board 
 shall find that any building is about to be erected, arranged or 
 equipped without fully conforming to all requirements of such 
 chapter and of the Board of Fire Commissioners thereunder, 
 such Board shall in writing notify the person or party in charge 
 of the same of such defect or fault, and in case of a building 
 already erected requiring the same to be so altered, changed, 
 arranged and provided within such reasonably short time and in 
 such manner as such Board shall therein specify; and in case 
 of any such building about to be constructed or in process of 
 erection, not conforming to such provisions and regulations, for- 
 bidding the further erection and completion thereof, except in 
 accordance with the provisions of such chapters and with the 
 regulations adopted by such Board of Fire Commissioners. 
 
 807. § 16. In case of neglect or refusal to comply with the 
 requisitions of the Board of Fire Commissioners, as to any build- 
 ing already constructed and in use, for thii-ty days after service 
 of notice thereof, under provisions of section fifteen hereof, such 
 building may be by the Board of Fire Commissioners ordered 
 closed, and so kept until the requirements of the Board are fully 
 complied with ; and every person so offending shall be subject to 
 a penalty of not less than ten dollars for each offense, and in like 
 manner subject to a fine of ten dollars for every additional day’s 
 failure so to comply with the requisitions of said Board after ex- 
 piration of thirty days from service of notice thereof. 
 
 808. § 17. Any person, whether proprietor, contractor, lessee, 
 or agent in charge of the construction of any building in process 
 
 I 
 
REVISED ORDINANCES. 
 
 245 
 
 of erection, who, after service of the notice provided for in sec- 
 tion fifteen hereof, shall by himself, his servant, agent or em- 
 ployee proceed further in construction and erection of such 
 building in neglect of or contrary to the requirements of such 
 notice, shall be subject to a penalty of not less than twenty-five 
 dollars for each offense, and the building shall not be allowed to 
 be opened for use until full compliance with such requisitions of 
 said Board. 
 
 809. § 18. It shall be the duty of the Chief Engineer of the 
 Fire Department at stated times, at least twice in each year, to de- 
 tail a member of said department to make a careful personal exam- 
 ination of each chimney and chimney flue in each building within 
 the fire limits, and upon the spot note in writing in a book to be 
 furnished him by the Clerk for that purpose, the date of such 
 examination, the number and location of chimneys in each build- 
 ing — number of flues in each, size and construction of each chim- 
 ney, stating specifically in what condition as to absolute security 
 from danger each was found; and if defective, from what cause, 
 and how, what changes and repairs, if any, are needed to make 
 the same absolutely safe. Such examination shall be by blocks, 
 commencing at the north-east corner and going round with the 
 sun. Each report book shall be promptly returned to the Chief 
 Engineer, who shall carefully note therein the date of its receipt 
 and place, and keep the same on file for convenient reference. 
 Upon receipt of such report, the Chief Engineer shall thereupon 
 draw a list, by blocks, of all buildings so reported as needing 
 attention, and within five days from receipt of such report the 
 Board of Fire Commissioners shall personally exaniine each such 
 building and chimney contained in the list, determining as to 
 each, and noting upon the list what changes and repairs as to 
 chimneys and flues each building requires, and in writing order 
 the owner and occupant promptly to make and cause such re- 
 quired changes and repairs to be made, noting such order upon the 
 list with date thereof. Failure to comply with such order within 
 ten days after service of such order shall subject the offender to 
 a fine of not less than ten dollars, and to a like penalty for each 
 day’s further delay. 
 
 810. § 19. Upon complaint or statement in writing by any 
 reputable resident to the Board of Fire Commissioners that 
 there is reason to doubt the probable safety of any building or 
 chimney, whether already built, or in process of construction, 
 the Board shall at once examine the same, and if they deem 
 it unsafe or dangerous, they shall forthwith in writing notify the 
 owner or person in charge of the same of such defect or faulty 
 construction, stating in just what it consists and what change is 
 
246 
 
 REVISED ORDINANCES. 
 
 required, ordering such person or persons within some short time 
 to be named in such order, to remedy such defect. Failure or 
 refusal to comply with any such order within the time named 
 therein, shall subject the offender to a penalty of not less than 
 ten dollars for each offense, and a like penalty for each day’s 
 furtlier delay. 
 
 811. § 20. Any person violating the provisions of sections 
 
 1, 2, 3, 5, 6, 7, 8, 9 and 10, of this chapter shall be subject to a 
 penalty of not less thanAen dollars for each offense. 
 
 CHAPTER XLllI. 
 
 , RAILROADS. 
 
 Setcion. Section. 
 
 1. Regulating speed of trains. Stoppage ^ 2. Cars to be free from obnoxious smell ; 
 
 of streets, etc. ; penalty. penalty. 
 
 812. § 1. If any railroad company, conductor, engineer, or 
 other employee of a railroad company, or other person managing 
 or controlling any engine, car or train, shall in the inhabited part 
 of the city, run, or suffer or permit to be run any such engine, 
 car or train upon any railroad track, at a speed exceeding eight 
 miles per hour; or shall leave, or place, or permit to be left or 
 placed, any engine or car in or upon any street, or at the crossing 
 of the same by said railroad track, and thereby obstruct the free 
 passage way across thereat, or in any way obstruct the same for 
 any longer time than is reasonably sufficient by prompt and dili- 
 gent attention and labor in the discharge of the business then 
 doing or to be done by and with such engine or car, to remove 
 the same out of the way of such crossing or street; or shall cause 
 to be run over or injured by such engine, car or train, any hose 
 laid across any railroad track for the extinguishing of fire; or 
 shall, by the willful or careless use of such engine or car, or of 
 any locomotive whistle or other alarm or noise, run upon, injure 
 or frighten any team or animal then being rode, led or driven at 
 or upon any street crossing, or along any street or highway, such 
 person so offending shall be subject to a penalty of not less than 
 ten dollars for each offense. 
 
 813. § 2. No cars which have been used for hauling stock 
 shall be left by any railroad company upon tracks owned by them 
 in the inhabited portions of the city without being first thoroughly 
 cleansed and freed from all obnoxious smell. And any person or 
 coiporation violating this section shall be subject to a penalty of 
 not less than twenty-five dollars. 
 
ORDINANCES* 
 
 
 CHAPTER XLIV. 
 
 RINGING OF BELLS, &c. 
 
 Section. 
 
 1. Prohibited without permission of Mayor. 
 
 814. § 1. Any person who shall, for the purposes of business 
 
 or amusement, use or cause to be used any bell, horn, bugle or 
 other sounding instrument, or who shall employ any device, noise 
 or performance tending to the collection of persons in the streets, 
 upon the sidewalks, or other public places in the city, without 
 written permission of the Mayor, or who shall, without such per- 
 mission, by ringing of bells, blowing of horns, bugles or other 
 sounding instruments, call together persons or crowds at auc- 
 tion stores or other places of business in the city, shall, for each 
 offense, be subject to a penalty of not less than three dollars. 
 The Mayor shall have power to revoke, at pleasure, such permis- 
 sion given. 
 
 CHAPTER XLV. 
 
 SALARIES AND FEES. 
 
 Section. 
 
 1. Mayor. 
 
 Aldermen. 
 
 City Clerk. 
 
 City Treasurer. 
 
 City Assessor. 
 
 City Attorney. 
 
 City Engineer and Surveyor. 
 
 City Marshal. 
 
 Overseer of Poor. 
 
 Police Magistrate and Justices of Peace. 
 
 Section. 
 
 Superintendent of Streets. 
 
 Policemen. 
 
 Judges and clerks of election. 
 Commissioner of Health. 
 
 Sealer of Weights and Measures. 
 Inspector of Wood and Coal. 
 
 Chief Engineer. 
 
 2. Officers to report fees and compensa- 
 
 tion received. 
 
 3. Excessive fees— penalty. 
 
 815. § 1. The salaries, fees, and compensation of the city 
 
 officers, and other persons rendering services to the city, when 
 not otherwise specially provided, shall be as follows, to- wit : 
 
 The Mayor, per annum, salary, three hundred dollars. 
 
 The Aldermen, each, two dollars for each meeting actually at- 
 tended by him, and no other compensation. 
 
 The City Clerk, per annum, salary, one thousand dollars. 
 
 The City Treasurer, per annum, salary, twelve hundred dollars. 
 
 The City Assessor, per annum, salary, five hundred dollars. 
 
 The City Attorney, per annum, salary, six hundred dollars. 
 
/ 
 
 248 REVISED ORDIXAXCES. 
 
 The City Engineer and Surveyor, per annum, salary, two hun- 
 dred and fift}’^ dollars. 
 
 The City Marshal, per annum, salary, eight hundred dollars. 
 Fees: for keeping city prisoners, each, per day of twenty-four 
 hours, or for a less time at like rate, to be paid the prisoner on 
 conviction, forty cents; where such prisoner shall not be convicted 
 of the offense for which he is imj)risoned, or if convicted and the 
 costs cannot be collected from him, then said fees shall be paid 
 by the cit}’’ to the Marshal for such keeping; and where a prisoner 
 is arrested and committed to the city prison for any offense for 
 which he shall be afterward convicted, it is hereby made the duty 
 of the City Marshal to prove on the trial the amount of fees due 
 him under this chapter for the arrest and keeping of such person 
 up to that time, and the same shall be by the court included in 
 the judgment against such prisoner for costs; for the service of all 
 process or performance of other duties, the fees allowed by law 
 ill such cases, but in no case to be charged to the city when not 
 collectible from other parties, and in no case is the city to be 
 chargeable for fees unless so specially provided; nor shall tlie 
 Marshal receive or retain fees in any case until he has paid over 
 to the citv the entire amount of the fine. 
 
 The Overseer of the Poor, per annum, salary, seven hundred 
 and twenty dollars. 
 
 The Police Magistrate and Justices of the Peace, for monthly 
 reports to the City Council, each, one dollar. 
 
 The Superintendent of Streets, per annum, nine hundred dol- 
 lars. 
 
 Policemen, sixty dollars, each, per month. 
 
 The judges and clerks of election, such compensation as al- 
 lowed by law at general elections. 
 
 Commissioner of Health, per annum, two hundred dollars. 
 
 Sealer of \Yeights and Measures, salary, per annum, one hun- 
 dred dollars, and fees as provided in Section 6, Chapter XII., of 
 this ordinance. 
 
 The Inspector of Wood and Coal, shall, each year, be enti- 
 tled to retain, as salary, the fees of his office to an amount not 
 exceeding six hundred dollars; and all receipts of his office in 
 excess of such salary shall be paid by him into the city treasury 
 as provided by ordinance. 
 
 Chief Engineer of Fire Department, per annum, two hundred 
 and fifty dollars. 
 
 810. § 2. All salaries herein fixed and provided for shall be 
 
 payable on the express condition that each officer claiming pay- 
 ment of his salary, shall make a detailed report to the City Coun- 
 cil of all fees and compensation received In^ him, by virtue of 
 such office, or for the discharge of any of the duties of such office. 
 
249 
 
 REVISED ORDINANCES. 
 
 817. § 3. Aliy person under this ordinance entitled to charge 
 
 and receive any fees, who shall demand or receive any greater 
 sum than he is entitled to under the provisions hereof, shall, 
 where no other penalty is specially provided, be subject to a 
 penalty of not less than ten dollars. 
 
 CHAPTER XLVI. 
 
 SCAVENGERS. 
 
 Section. 
 
 6. Garbage, etc., to be placed convenient 
 for removal, etc. 
 
 7. Depositing garbage, rubbish, etc., in 
 street. 
 
 8. City Scavenger only to remove garbage 
 —exception— water-tight vehicle. 
 
 9. Penalty. 
 
 818. § 1. For the purpose of collecting garbage and ashes in 
 the city of Galesburg, the said city is hereby divided into two 
 districts, the first district to be composed of all that portion of the 
 city lying north of the centre of Main street ; the second district 
 to consist of that portion lying south of the centre of Main street. 
 
 819. 8 2. At the first meetino; of the Council after the elec- 
 tion in each year, or as soon thereafter as may be, the Mayor shall 
 appoint, with the advice and consent of the City Council, one suit- 
 able person for each district to be known as,day scavenger ; and 
 to act as such during the current' year, and until his successor 
 shall be appointed and qualified. 
 
 820. § 3. It shall be the duty of each day scavenger to visit 
 every building in his district, three times in each week, from the 
 1st of April to October 1st, and twice a week the remaining six 
 months, and collect all garbage, ashes, and house dirt. This gar- 
 
 » bage, ashes and debris, shall be carted to such place or places as 
 the Board of Health may direct, and it is strictly forbidden to 
 deposit such garbage, ashes or debris in any place except where 
 the Board of Health may direct, under a penalty of not less than 
 one dollar for each offense. 
 
 821. § 4. Each day scavenger- shall, before entering upon the 
 duties of his office, provide himself with a water-tight, close box 
 or vehicle, so arranged as to prevent escape of liquids and offen- 
 sive odor therefrom in conveyance of garbage thnjugh the streets, 
 by him and those under him ; and likewise file with the City 
 Clerk a bond in the penal sum of two hundred dollars, with at 
 
 Section. 
 
 1. Districts. 
 
 2. Appoiutments. 
 
 3. Collecting garbage, etc.— place of de- 
 
 posit — penalty. 
 
 4. Kind of vehicle— bond. 
 
 5. Compensation. 
 
250 
 
 jREVISED OEDINANCES. 
 
 least one responsible surety, approved by the Mayor, and condi- 
 tioned for the faithful performance of his duties as such scaven- 
 ger under the provisions of any and all city ordinances in force 
 during his term, and that he will comply with such rules and 
 reg:ulations as may from time to time be prescribed by the Board 
 of Health. 
 
 822. § o. Each day scavenger shall receive for his services 
 the sum of fifteen dollars a month from the first day of April to 
 the first day of December in each year ; and ten dollars a month 
 from the first day of December to the first day of April following. 
 
 823. § 6. The owner of or person occupying, every dwel- 
 ling, shall on each morning when the scavengers call, put his or 
 her garbage and ashes in some convenient place for them to be 
 removed, the garbage and ashes to be kept in separate boxes or 
 barrels, and the one containing garbage to be water-tight. 
 
 824. § 7 . It shall be unlawful for any person to throw or lay 
 any ashes, olfal, vegetables, garbage, cinders, shells, shavings, dirt, 
 old hoops or rubbish of any kind, in any street, lane, alley or pub- 
 lic place in the districts described in section one of this chapter. 
 It shall also be unlawful for any person to turn or upset any tub, 
 box, barrel or other vessel containing garbage or ashes, thereby 
 spilling the contents on any street, lane, alley, or public or private 
 property. 
 
 825. § 8. It shall be unlawful for any person to gather up 
 and take away any slops or garbage from any house or premises 
 not occupied by himself or his employers, without first having 
 been appointed so to do as heretofore provided. It shall, in like 
 manner be unlawful for any person to remove any garbage either 
 from his own or another’s premises through the streets or alleys 
 of the city in any other than a close water-tight vessel or vehicle. 
 
 826. § 9. The violation of any of the provisions of sections 
 seven or eight of this chapter shall be declared a misdemeanor, 
 and the person so violating shall, on conviction, be fined not less 
 than one dollar for each offense and costs of prosecution. 
 
REVISED ORDINANCES. 
 
 251 
 
 CHAPTER XLVir. 
 
 SETTLEMENTS OF OFFICERS. 
 
 Section. 
 
 1. Officers failing to pay over funds. 
 
 2. Notice, etc., to defaulter. 
 
 3. Finance Committee to supervise ac- 
 
 counts of officers. 
 
 Section. 
 
 4. Annual reports of officers. 
 
 Finance Committee to settle with offi- 
 cers. 
 
 6. Fiscal year. 
 
 827. § 1. Whenever any city officer shall neglect or refuse 
 to pay over any moneys, or to make proper settlement of his ac- 
 counts, or of any claim of the city placed in his hands for collec- 
 tion as required by ordinance, or whenever upon the adjustment 
 of the account of any city officer, any moneys shall be found due 
 by him to the city, and the same shall not be paid immediately 
 into the city treasury, and the Treasurer’s receipt therefor filed 
 with the City Clerk, the City Clerk shall forthwith report such 
 officer, with an abstract of his account, to the City Council. 
 
 828. § 2. Notice thei-eof shall be g'iven to such officer, and 
 to his sureties, by the Mayor, and unless such account be ren- 
 dered and the amount due paid within ten days after such notice, 
 suit shall be brought on his official bond for the amount with 
 which he stands charged, or such other measures taken as will 
 secure the city from loss. An abstract of the account of such offi- 
 cer, certified to by the City Clerk, under the corporate seal, shall 
 be delivered to the City Attorney. 
 
 829. § 3. The Committee on Finance shall prescribe the 
 manner in which the books and accounts of all city officers shall 
 be kept, in order to establish uniformity therein. They shall, at 
 least quarterly, examine the books, accounts and papers of all city 
 officers, and see that they are properly, regularly and neatly kept 
 and preserved, and that the books, accounts and papers belong- 
 ing to the offices of the Clerk, Treasurer and Assessor, are secure 
 from loss or accident by fire; and they shall report to the City 
 Council any neglect or refusal on the part of any city officer to 
 keep his books or accounts properly, or to preserve any papers 
 pertaining to his office. 
 
 830. § 4. Every city officer, not required by the general in- 
 corporation act so to do, shall annually, as soon as practicable, 
 after the close of tlie fiscal year, rejiort to the City Council, a com- 
 plete statement of the transactions of his office for the preceding 
 year. 
 
 831. § 5. The Committee on Finance shall make settlement 
 with all city officers at the expiration of their terms of office, and 
 
253 
 
 REVISED ORDINANCES. 
 
 report the same to the City Council. If they shall be unable to 
 make settlement vrith any officer, they shall state the fact, and the 
 causes which prevent such settlement. 
 
 832. § 6. The fiscal year of the city shall commence on the 
 
 first day of April in each year. 
 
 CHAPTER XLVIII. • 
 
 SIGNS AND AWNINGS. 
 
 Section. 
 
 1. Manner of construction. 
 
 2. Penalty for constructing contrary to 
 
 this chapter. 
 
 3. Dangerous awnings declared nuisances 
 
 — removal. 
 
 Section. 
 
 4. Signs across streets and sidewalks— 
 
 removal. 
 
 5. Removal, etc., of signs — penalty. 
 
 833. § 1. All awnings over any sidewalk in the city shall be 
 set not less than seven feet above the sidewalk, and securely sup- 
 ported by iron brackets, or by an iron framework, firmly attached 
 to the building, so as to leave the sidewalk wholly unobstructed; 
 andjio awning shall project over the sidewalk to exceed three- 
 fourths of the width thereof. 
 
 834. § 2. Whoever shall erect, or cause to be erected, any 
 awning, contrary to the requirements hereof, or shall suffer or 
 permit any awning in front of any premises owned or occupied 
 by him to be in such condition as to be insecure, or dangerous to 
 the safety of persons passing under the same, shall be subject to 
 a penalty of not less than five dollars. 
 
 835. § 3. Any awning which may be constructed contrary to the 
 provisions hereof, or which shall not be removed or made to con- 
 form to the requirements hereof, after ten days’ notice, as herein 
 required, or which shall be in such condition as to be insecure, or 
 dangerous to the safety of persons passing under the same, is 
 hereby declared a nuisance, and the Marshal shall remove, or 
 cause the same to be removed, and the costs of such removal mav 
 be collected from the owner of such awning, or persons using the 
 same, or causing it to be erected, and be recovered by suit in the 
 name of the city before any court having jurisdiction. 
 
 836. § 4. No permanent sign or fixture of any kind, whether 
 box, board, flag, or other thing, shall be constructed or suspended 
 across any of the streets or sidewalks, nor shall the same extend 
 more than three feet from the wall of the building where such sign 
 is placed, and no temporary sign or flag shall be placed or sus- 
 pended over a street or sidewalk to the inconvenience of persons 
 
REVISED ORDINANCES. 
 
 253 
 
 or frightening of animals; and all such temporary signs or flags 
 thus suspended or placed shall be immediately removed on request 
 of the Mayor or any police officer. 
 
 837. § 5. Any sign, sign-board or other sign-fixture already 
 
 erected or placed, and not in accordance with this chapter, shall 
 be removed or made conformable to this chapter within five days 
 after notice thereof by the City Mai'shal ; and it is hereby made 
 the special duty of the City Marshal to give such notice without 
 delay to all persons who have erected, or shall hereafter erect or 
 place, any sign contrary to this chaptei’ ; and for any violation of 
 any provision of this chapter the party offending shall be subject 
 to a penalty of not less than five dollars, and also a further penalty 
 of one dollar per day for every day the same shall remain after 
 notice to remove it. 
 
 CHAPTER XLTX. 
 
 SPECIAL ASSESSMENTS. 
 
 Section. 
 
 1. Collector to report delinquent list. 
 
 838. § 1. It shall be the duty of the collector of taxes for 
 
 the city and town embraced within the limits of the city of Gales- 
 burg, at the time when the general tax books are retuiiied to the 
 County Collector each year to make to the County Collector a 
 report in writing of all lands, town lots and real property on which 
 he shall have been unable to collect special assessments — said 
 report to be made in manner and form as provided by law. 
 
254 
 
 REVISED ORDINANCES. 
 
 CHAPTER L. 
 
 STREETS AND SIDEWALKS. 
 
 Section. 
 
 1. Obetructing streets, alleys, sidewalks ; | 
 
 peualty. 
 
 2. Obstructions in streets. Dangerous 
 
 openings, etc. ; peualty. 
 
 .3. Openings in sidewalks to be covered. 
 
 4. Prohibiting excavations in streets, etc.-; 
 
 penalty. 
 
 5. All damage by excavation, etc., to be 
 
 repaired by oftender. 
 
 6. How streets to be protected in case of 
 
 excavation. 
 
 7. Encroachment upon streets prohibited. 
 
 Section. 
 
 8. Superintendent of Streets to remove 
 
 obstruction. 
 
 9. Prohibits stopping of teams in streets, 
 
 etc. 
 
 10. Prohibits throwing of ashes or rub- 
 
 bish in streets; penalty. 
 
 11. Changing corner stone or grade stake; 
 
 penalty. 
 
 12. Sidewalks to be kept free from water; 
 
 penalty. 
 
 13. Obstructing streets with animals ; pen- 
 
 alty. 
 
 839. § 1. No builder or other person shall encumber or ob- 
 struct any street, alley or sidewalk, with building material or 
 other things, without a written permit from the Mayor; nor, ex- 
 cept in cases of urgent necessity and for a reasonable time, obstruct 
 more than one-third of any street or alley, or one-half of the side- 
 walk, nor continue the same longer than necessary in the diligent 
 erection of such building, or the prosecution of the work on hand; 
 nor siiall any person, without like’ permit, remove, cause to be 
 removed, or aid in removing any building through or across any 
 street or alley; nor in making any such removal encumber or ob- 
 struct any street, alley or sidewalk, for a longer time than neces- 
 saiy in the diligent removal thereof ; and for a violation of any of 
 the provisions of this section the party offending shall be subject 
 to a penalty of not less than ten dollars. 
 
 840. § 2. No person shall place, throw or leave, or cause so 
 to be done, any obstruction or incumbrance, not otherwise allowed 
 by ordinance or permit from an authorized officer, in any street, 
 alley or sidewalk, or dig or remove any earth from any street or 
 alley, without written consent of the Superintendent of Streets ; 
 nor obstruct or encumber any street, alley or sidewalk, with mer- 
 chandise, fuel, or other articles of property longer than necessary 
 for the diligent removal of the same, nor leave open any cellar, 
 cellar door, vault, well, cistern, excavation, ditch, coal hole or 
 other like hole, where persons or animals passing by shall be lia- 
 ble to fall in, or suffer damage, without carefully guarding such 
 place against such accidents, or shall leave open the said places 
 after night, and any person violating the provisions of this section 
 shall be subject to a penalty of not less than live dollars. 
 
 841. § 3. Every opening in any vault or coal hole, or aper- 
 
REVISED ORDINANCES. 
 
 255 
 
 ture in the sidewalk over said coal hole or vault, shall be covered 
 with a substantial iron plate with a rough surface so as to pre- 
 vent accident, and the entire construction of such holes or vaults 
 and coverings therefor shall be subject to the approval and direc- 
 tion of the Superintendent of Streets. 
 
 842. § 4. No contractor of public works, or of private 
 buildings, or other person not authorized by ordinance, shall 
 make any excavation in any street, alley or sidewalk, without 
 written authority from the Mayor or Superintendent of Streets, 
 nor remove or tear up any sidewalk, crossing, culvert, or bridge ; 
 and when any such excavation is made, or such sidewalk, bridge, 
 crossing, or culvert is opened with proper leave, it shall be care- 
 fully guarded and speedily restored, or rebuilt, so that persons 
 and animals passing along, and on the same, shall be secure against 
 accident and inconvenience; nor shall any person without written 
 permit from the Superintendent of Streets or Mayor, tear up any 
 planked or paved sidewalk, crossing, bridge or culvert, for any 
 purpose, and for a violation of any of the provisions of this section 
 the party otfending shall be subject to a penalty of not less than 
 five dollars. 
 
 843. § 5. Any person who shall make any excavation in any 
 street, alley, or sidewalk, or who shall tear up any planked or paved 
 street, alley, sidewalk, crossing, bridge or culvert, for any pur- 
 pose, or shall negligently break or injure the same, shall without 
 delay, cause such planked or paved street, alley or sidewalk,, 
 crossing, bridge or culvert, to be repaired and placed in the same 
 condition as before the breaking or injuring thereof, and when 
 necessary, from time to time, to continue to repair the same by 
 refilling until the earth is fully settled, and the repairs made com- 
 plete, and for a failure or refusal to comply with the requirements 
 of this section such person shall be subject to a penalty of not 
 less than five dollars, besides all the expenses and costs required i 
 by the Superintendent of Streets to make such repairs because 
 of such failure or refusal. 
 
 844. § 6. Whenever any owner or occupant of any lot shall 
 cause or permit any excavation to be made on such lot suffi- 
 ciently near the street line to endanger such street by liability to 
 caving of the ground, it shall be the duty of such owner or occu- 
 pant, immediately to construct a solid and substantial wall, suf- 
 ficient for the protection of such street from such liability. Any 
 person who shall neglect to conform to the provisions of this sec- 
 tion shall be held responsible for all damage done to the street, 
 the result of such, neglect, and shall be subject to a penalty of not 
 less than ten dollars. 
 
 845. § 7. No person shall make, or cause to be made any 
 
256 
 
 REVISED ORDINANCES. 
 
 fence, building or other structure, encroaching in whole or in 
 part upon any street, alley or sidewalk. The Superintendent of 
 Streets, when it shall come to his knowledge that any person has 
 made or caused to be made any such structure so Encroaching 
 upon any street, a,lley or sidewalk, shall notify such person to 
 remove the same, which notice shall be a reasonably sufficient 
 time to perform such removal. Any violation of the provisions 
 of this section shall subject the party offending to a penalty of 
 not less than ten dollars for every day he shall suffer the same to 
 remain after such notice by the Superintendent of Streets to 
 remove such structure. 
 
 846. § 8. Upon the failure of the party so notified to remove 
 such obstruction, the Superintendent of Streets shall cause any 
 such incumbrance, obstruction, erection or enclosure in or upon 
 any street, alley or sidewalk to be removed, and the costs of such 
 removal may be collected from the person causing such obstruc- 
 tion, with the penalty, or in a separate suit, in the name of the 
 city. 
 
 847. § 9. Whoever shall obstruct any street, alley or street 
 crossing, by unnecessarily stopping thereon with any team, vehi- 
 cle, animal or other thing, or leave any team, vehicle, car, wagon 
 or animal in the street or alley before or beside any occupied 
 premises, contrary to the wishes of the occupant thereof, and 
 shall not immediately remove the same on request of the per- 
 son aggrieved, or being owner or driver of anv wagon, dray or 
 other vehicle, shall make a permanent stand or place of stopping 
 in front of any premises without the consent of the owner or 
 occupant thereof, or shall lead, ride or drive any team or beast, 
 or drive, or' push any sleigh, carriage or other vehicle, over or 
 upon any paved or planked sidewalk, except at the proper en- 
 trances to and from the premises, shall be subject to a penalty of 
 not less than five dollars. 
 
 848. § 10. Whoever shall throw or deposit any ashes or dirt 
 upon the graveled streets, or place or leave any waste paper, 
 show-bill or paper torn from the bulletin boards, or any dead dog, 
 cat, pig, or any other like offensive thing, or any rubbish of any 
 kind whatever, in or upon any street, alley or sidewalk, or shall 
 knowingly suffer it to be done in front of or adjoining any prem- 
 ises owned or occupied by him, or under his control, and any 
 person owning or occupying any house or lot fronting upon any 
 street in this city, who shall allow may- weed, or grass or weeds 
 of any kind to grow between the front of their premises and the 
 middle of the street, to the inconvenience of persons passing, or 
 to the detriment of the public health, shall be subject to a pen- 
 alty of not less than one dollar, and a like penalty for every hour 
 
KEVISED ORDINANCES. 
 
 251 
 
 any of the articles are suffered to remain after notice by the 
 Superintendent of Streets to remove the same. 
 
 849. § 11. ' Whoever shall purposely change or remove any 
 stake, post or stone, placed or set to designate the corner or line 
 of any lot or land, street or alley, or to show the grade of any 
 street, alley or sidewalk, shall be subject to a penalty of not less 
 than five dollars. 
 
 850. § 12. It shall also be the duty of any person owning 
 or occupying any building, or having the care or control thereof, 
 from which the water may fall to the sidewalk in front thereof, 
 to provide for the escape of such water, so it shall not spread 
 over the sidewalk. Whoever shall violate any provision of this 
 section, shall be subject to a penalty of two dollars, and a like 
 penalty for each day he shall neglect to remedy the same, after 
 notice by the Superintendent of Streets. 
 
 851. § 13. Whoever shall obstruct any street, alley or public 
 ground, by stopping, herding or feeding any herd or drove of 
 swine, cattle, sheep, horses, mules, or .like animals thereon, shall 
 on conviction, be subject to a penalty of not less than three dol- 
 lars. 
 
 CHAPTER LI. 
 
 SEAL. 
 
 852. § 1. The seal heretofore provided and used by and for 
 
 the city of Galesburg, the impression on which is a representation 
 of Knox College building and the words, “The City of Gales- 
 burg,” shall be and is hereby established and declared to have > 
 been and now to be the seal of the city of Galesburg. 
 
 CHAPTER LII. 
 
 SUNDAY. 
 
 Section. > Section. 
 
 1. Keeping open place of business on; 2. Playing at games, etc., upon ; penalty 
 penalty, etc.; exception. I 
 
 853. § 1. It shall be unlawful for any person in this city, on 
 
 the first day of the week, commonly called Sunday, to engage in 
 any ordinary labor, trade or business, or to keep open any house 
 17 
 
258 
 
 REVISED ORDINANCES. 
 
 of trade, shop, saloon, store, grocery or restaurant, or any place of 
 business or amusement, or to sell or traffic in any article, and any 
 person convicted of any of the offenses enumerated in this sec- 
 tion, shall be subject to a penalty of not less than five dollars. 
 Provided^ that this section shall not be construed to prohibit 
 works of necessity or charity. 
 
 854. § 2. It shall be unlawful for any person or persons in 
 
 said city, on the first day of the week, commonly called Sunday, 
 to disturb the peace and good order of the city by engaging in 
 the amusements or exercises of dancing, jumping, skating, run- 
 ning horses, playing at ball, ten-pins, billiards, cards, marbles or 
 other games, wrestling, boxing, pitching quoits, hunting, or any 
 amusements or exercises of like nature; and every person con- 
 victed of anv of the offenses enumerated in this section, shall be 
 subject to a penalty of not less than three dollars. Provided^ 
 that this chapter shall not be construed to prevent the due exer- 
 cise of the rights of conscience by whomever thinks it proper to 
 keep any other day as the Sabbath. 
 
 CHAPTER LIII. 
 
 ' TREES AND HEDGES. 
 
 Section. Section. 
 
 1. Planting trees along sidewalks. 3. Osage hedges prohibited. 
 
 2. Shade trees to he kept trimmed. I 
 
 855. § 1. All shade or ornamental trees, hereafter to be set 
 along any street, shall be planted not less than eight feet from 
 the front line of the lots. Whoever shall plant any tree contrary 
 to this section, shall be subject to a penalty of one dollar for each 
 tree so planted, together with the costs of the removal thereof, 
 and the Superintendent of Streets shall cause such trees to be 
 removed. 
 
 856. § 2. All trees shall be kept trimmed up by the owner 
 or occupant of the premises in front of which they stand, so as to 
 allow a safe, convenient and unobstructed passage of all persons 
 along the sidewalk or in the street, and all trees within the lamp 
 district shall be kept trimmed above the lamps so as not to obstruct 
 the light, and if the owner or occupant of the premises before 
 which such trees stand shall, after due notice by the Superinten- 
 dent of Streets, neglect or refuse to trim such trees, the Superin- 
 tendent of Streets shall cause the same to be done, and the party 
 
REVISED ORDINANCES. 
 
 259 
 
 SO refusing or neglecting shall pay all costs of such labor, together 
 with a penalty of one dollar for each tree, to be recovered as other 
 penalties. 
 
 857. § 3. No person shall hereafter plant or grow any Osage 
 
 orange or other thorny hedge along any street or alley line 
 within the city so that it shall in any degree overhang any side- 
 walk, and it shall be the duty of the owner or occupant of any lot 
 or ground having an Osage orange or other thorny hedge next a 
 sidewalk, street or alley, to keep the same well trimmed and 
 clean, free from all obstruction to the sidewalk, alley or street, 
 and all thorny trimmings or brush removed or destroyed, so as to 
 be wholly out of the way of those passing along such street, alley 
 or sidewalk, either on foot, or by teams and wagons, or other 
 vehicles. And every person offending against the provisions of 
 this section shall be subject to a penalty of not less than twenty 
 dollars, together with all the costs and expenses incurred by the 
 Superintendent of Streets in and about the trimming of such 
 hedge, or the destruction of the brush or trimmings thereof, and 
 said Superintendent of Streets is hereby required to give due 
 notice to such party so required to keep such hedge in order, and 
 on his failure to attend to the same, said Superintendent of Streets 
 shall do so. 
 
 CHAPTER LIV. 
 
 TRESPASS. I 
 
 Section. I Section. 
 
 1. General trespass. ' 2. Posting bills, etc. 
 
 858. § 1. Whoever shall willfully, maliciously or negligently 
 break, deface, destroy, retnove, trespass upon or otherwise injure 
 any public or private property shall, on conviction, be subject to 
 a penalty of not less than two dollars. 
 
 859. § 2. Whoever shall, without the consent of the owner, 
 occupant, or person or corporation having control of the premises, 
 paint, post, put up, stick or place any advertisement, hand- bill, 
 placard, show-bill, circular or other notice or matter, upon any 
 building, tree, box, fence, sidewalk, lamp-post, or awning, or shall 
 mark, cut or scratch, or otherwise deface, any fence, or any part 
 of any building, or other property, shall be subject to a penalty 
 of not less than two dollars. 
 
260 
 
 REVISED ORDT N A X C E S . 
 
 CHAPTER LV. 
 
 VAGRANCY 
 
 Section. | Section. 
 
 1. Vagrants described. ! 3. Gaming instruments, etc , found in 
 
 2. Arrest of vagrants— penalty. possession— destruction of. 
 
 860. § 1. The following named and described persons shall 
 
 be, and they are hereby declared to be vagrants, and they shall 
 be arrested and punished as such in the manner hereinafter pro- 
 vided, to-wit : 
 
 First — All persons in said city able to support themselves in 
 some honest and respectable employment, calling or business, 
 and not having visible means to maintain themselves, and who 
 live idly and without lawful employment or business, or who 
 shall be found loitering or strolling about, frequenting places 
 where liquor of any kind is sold, drank or kept, or staying at 
 or lodging in dram-shops, tippling-houses, beer-houses, eating- 
 houses, or houses of ill-fame, or market-places, ten-pin alleys, 
 billiard rooms, sheds, stables, or in the open air, either during the 
 day time or night. 
 
 Second — All persons in said city able to support themselves in 
 some honest or respectable calling or business, and who, instead 
 thereof, lead an idle, immoral or profligate course of life; and all 
 persons in said city who shall be found trespassing upon the pri- 
 vate premises of other persons, and not giving a good account of 
 themselves, or who shall be found wandering abroad and from 
 place to place in said city, begging, or placing themselves in the 
 streets or other thoroughfares, or in public places, to beg or to 
 receive alms. 
 
 Third — All persons who are gamblers, pickpockets or prosti- 
 tutes, who travel about through the city by day or night, or fre- 
 quent or remain at gambling houses, houses of ill-fame or places 
 where liquor is sold, drank or kept; or who remain on railroad 
 cars or other places, and travel about from place to place, not 
 following any lawful employment or business. 
 
 Fourth — All persons upon whom or upon whose premises shall 
 be found any gambling apparatus or device used for the purposes 
 of gambling, or any slung-shot, colt, or knuckles of lead, brass 
 or other metal, or any instrument, composition or thing, used for 
 the commission . of burglary, arson, or for the picking of locks 
 or pockets, or for the playing of any fraudulent trick or games, 
 or for the manufacture of counterfeit money, or for the com- 
 mission of an}’’ unlawful act, and who cannot give a good and ' 
 satisfactory account of their possession of the same. 
 
REVISED ORDINANCES. 
 
 261 
 
 861. § 2. It shall be the duty of the Police Magistrate, or 
 any Justice of the Peace of the city of Galesburg, on complaint 
 under oath, made by any citizen thereof, to issue a warrant for 
 the arrest of any or all such persons as are described in the 
 foregoing sections, which warrant shall be placed in the hands of 
 some officer of said city authorized to make arrests, who shall 
 thereupon make the arrest of such person or persons as afore- 
 said, and take him or them before a magistrate of said city for 
 trial; and every person deemed guilty and convicted of vagrancy 
 under this chapter, shall forfeit and pay any sum not less than 
 five dollars, and the costs of such proceeding, and in default of 
 payment thereof such person so convicted may, upon the order 
 of the court or Magistrate before whom the conviction is had, 
 be committed to the city prison until such fine and costs are 
 fully paid: Pvomded^ that such person so convicted may, by the 
 City Marshal, be required to work at such labor as his strength 
 will permit, within and without such prison, not to exceed ten 
 hours each working day; and for such work the person so em- 
 ployed or worked shall be allowed, exclusive of his board, the 
 sum of fifty cents for each day’s work on account of such fine 
 and costs. 
 
 862. § 3. It shall be unlawful for any person to liave in his 
 possession or control, any gaming table, check, implement, instru- 
 ment or device, set up or used for the purpose of gaming, or any 
 slung shot, colt, knuckles, implement, instrument, composition or 
 device used for the purposes of counterfeiting, lock-picking, 
 pocket-picking, confidence game, or for the commission of burg- 
 lary or arson, or any implement or device used by cheats or swind- 
 lers for unlawful purposes, with intent to use, or permit any 
 person to use the same in gaming, counterfeiting, lock-picking, 
 pocket-picking, practising the confidence game, house-breaking, 
 commission of burglarly, cheating or swindling, or other unlaw- 
 ful act. Any person so found in possession of any one of the 
 implements, instruments, or devices aforementioned, and failing 
 to give a good and satisfactory account of his possession thereof, 
 may be arrested by the City Marshal, or any policeman, and 
 together with any such implement, instrument or device, taken 
 before the Police Magistrate or any Justice of the Peace of the 
 city, whereupon complaint shall be made that such person was so 
 found in possession of such implement, instrument or device, 
 contrary to the provisions of this chapter, and a warrant shall 
 issue against such person for such alleged offense, and, upon 
 conviction, he shall be fined not less than one hundred dollars, 
 and it may be made a part of the judgment that such imple 
 merit, instrument or device shall be destroyed by the Marshal or 
 any policeman under the supervision of the Mayor. 
 
262 
 
 REVISED ORDINANCES. 
 
 CHAPTER LVI. 
 
 WOODEN BUILDINGS. 
 
 Section. 
 
 1. Limits. 
 
 2. What are wooden buildings. 
 
 3. When damaged by fire, etc. 
 
 4. Extent of damage— how determined. 
 
 Section. 
 
 5. Penalty for erecting. 
 
 6. Removing. 
 
 7. Wooden buildings not to be removed — 
 
 penalty. 
 
 863. § 1. No wooden building shall be erected or placed 
 upon any lot or ground included in either one of the following 
 blocks, viz: Blocks numbered 15, 16, 17, 18, 19, 24,25, 26, 27, 28, 
 29, 30, 31, 32 and 33; and any person who sliall violate this sec- 
 tion shall, on conviction, be subject to a penalty of not less than 
 fifty nor more than one hundred dollars. 
 
 864. § 2. The term “wooden building,” used in the first sec- 
 
 tion of this chapter, shall be understood to embrace and mean 
 all buildings or additions to buildings, tenements, houses, out- 
 houses, sheds, stables, and structures of every description, the 
 outer walls of which are in whole or in part constructed or built of 
 wood, whether the roofs of the same shall rest upon the walls 
 thereof, or upon wooden, iron, stone or brick uprights, posts or 
 pillars, and that all sheds, or other structures, the roofs of which 
 shall be supported, directly or indirectly, by wooden posts, or 
 other fixtures made in whole or in part of wood, be the same in- 
 closed or not, are hereby declared to be within the meaning of 
 the term “wooden buildings,” as used in the first section of this 
 chapter: Provided., that privies, designed and used exclusively 
 
 as such, do not come within the provisions of this chapter. 
 
 865. § 3. No wooden building, within the limits prescribed 
 in the first section of this chapter, which may be damaged here- 
 after, by fire, decay or otherwise, to the extent of fifty per centum 
 of the value thereof, shall be placed, repaired or rebuilt, nor shall 
 any such building, when the damages are less than fifty per cen- 
 tum on its value, be so re}>aired as to be raised higher than the 
 same was in value before the damages sliall have been sustained, 
 or so as to occupy a greater space than before the injury thereto. 
 
 866. § 4. The amount or extent of damages that may be done 
 to any building, shall be determined by three disinterested per- 
 sons residents of said city, one of whom shall be selected by the 
 owner or agent of the building, the second by the Mayor of the 
 city, and the two thus chosen shall select a third, and the decis- 
 ion of the persons so appointed shall be in writing, and shall be 
 final and conclusive, and shall be filed in the office of the City 
 Clerk. 
 
REVISED ORDINANCES. 
 
 263 
 
 867. § 5. Every person who may be duly convicted of the 
 erection or placing, repairing, rebuilding, or attempting to repair 
 or rebuild, any wooden building withiji the purview and mean- 
 ing of this chapter, and in violation of the provisions of this 
 chapter shall, within five days after such conviction, cause such 
 wooden building, for the erection or placing of which he may be 
 convicted as aforesaid to be removed; and on failure, neglect 
 or refusal so to do, he shall be fined not less than ten nor more 
 than one hundred dollars for each day such wooden building shall 
 be suffered to remain after the said five days from and after such 
 conviction as aforesaid. 
 
 868. § 6. When any person shall be convicted as aforesaid, 
 and such wooden building shall not be removed within the said 
 five days after such conviction, as provided in the fifth section of 
 this chapter, it shall be the duty of the Mayor to issue to the 
 Marshal of said city a certificate, under his hand and the seal of 
 said city, stating the fact and the time of said conviction, and 
 designating the building for which such conviction may have 
 been had, and such certificate shall be a sufficient warrant to the 
 Marshal of said city, and it is hereby made his duty to cause such 
 building to be removed and demolished, and the costs and ex- 
 penses thereof shall be recovered by action of debt, in the name 
 of said city, of and from the person or persons so convicted of 
 erecting the same as aforesaid. 
 
 869. § 7. Wooden buildings now within the limits prescribed 
 in this chapter shall not be moved from their present location to 
 any other spot or place within the prescribed limits, without 
 subjecting the party so moving, or directing such removal, to a 
 penalty of not less than twenty dollars in addition to the other 
 remedies given by this chapter for abating the same. 
 
264 
 
 REVISED ORDINANCES. 
 
 CHAPTER LYII. 
 
 WOOD AND COAL 
 
 Section. 
 
 1. Wood, coal, etc., to be inspected and 
 
 weighed. 
 
 2. City Inspector to keep frame, etc., for 
 
 measuring wood. 
 
 3. Prescribing kind of racks for wood 
 
 hauling. 
 
 4. Wood and coal to be sold on day of cer- 
 
 tificate; penalty. 
 
 Section. 
 
 5. Changing weight of load after certifi- 
 
 cate; penalty. 
 
 6. Private contracts of wood and coal in 
 
 large quantities excepted; further ex- 
 ceptions. 
 
 7. Loaded teams to remain at wood yard; 
 
 penalty. 
 
 870. § 1. It shall not be lawful for any person within said 
 city to sell or deliver any hay, wood or coal, without the same 
 being first weighed or measured by the City Inspector at the 
 “City Wood and Coal Yard.” The City Inspector shall there- 
 upon give to such person a certificate of the weight or measure 
 thereof, which certificate shall be delivered by the seller to the 
 purchaser at the time of sale, and when such hay, wood or coal is 
 paid for; and any person selling and delivering any hay, wood or 
 coal (except as hereinafter provided), without having and so 
 delivering such certificate shall be subject to a penalty of not less 
 than five dollars. 
 
 871. § 2. The City Inspector shall provide and keep at the 
 city wood and coal yard a frame for the purpose of measuring 
 wood, which frame shall be made of durable material, and of such 
 size as to hold exactly one cord of wood. 
 
 872. § 3. Every person who shall haul or be engaged in the 
 business of selling wood, in this city, by the cord or aliquot por- 
 tions thereof, shall use a rack with perpendicular posts, so that 
 the number of cubic feet in such load can be easily and correctly 
 ascertained by the City Inspector; and if any load of wood shall 
 be offered for sale within the city without such rack with perpen- 
 dicular posts at the sides and corners thereof, the person so offer- 
 ing it shall be obliged by the City Inspector to unload the wood 
 in the rack mentioned in the preceding section, and if he fail so 
 to do, a certificate shall be refused him by the City Inspector. 
 
 873. § 4. No person shall sell any load of coal, wood or hay, 
 on any other date than the one named in the certificate therefor; 
 and if for any reason he has been unable to sell such load on the 
 day such certificate was obtained, he shall obtain a new certificate 
 from the City Inspector, which certificate shall be granted with- 
 out extra charge; and any person violating this section shall be 
 subject to a penalty of not less than five dollars. 
 
 874. § 5. No person shall, after obtaining any certificate as 
 
265 
 
 REVISED ORDINANCES. 
 
 herein provided, or any certificate of weight from any sealer as 
 hereinafter provided, throw off any portion of his load and not 
 deliver the entire portion thereof to the purcliaser; and any per- 
 son violating this section shall be subject to a penalty of not less 
 than ten dollars. 
 
 875. § 6. The preceding sections shall not apply to sales of 
 
 wood in cpiantities exceeding one cord to any person, where the 
 same is piled and measured at his residence or place of business; 
 nor to sales of hay and coal to owners of private scales, nor to 
 sales of wood and coal by fuel merchants who reside in the city 
 and weigh on their own scales; nor shall this chapter apply to 
 cases where coal is sold on contracts for future delivery, in quan- 
 tities exceeding one load, and scales other than the public scales 
 are expressly agreed on by the parties to the contract. Provided^ 
 however, that in all cases of sales of coal to the city it shall be 
 vveighed upon the city scales, and the exceptions in this section 
 shall not apply. 
 
 87C. § 7. Teams loaded with wood or coal shall not be 
 
 allowed to remain at rest waiting for examination, except at the 
 city wood and coal yard, and any owner or driver of any team 
 who violates the provisions of this section shall be subject to a 
 penalty of three dollars for each offense. 
 
 CHAPTER LVIII. 
 
 CONSTRUCTION 
 
 Section. 
 
 1. Force and effect of a repealing ordi- 
 
 nance. 
 
 2. Rishts and liabilities under ordinance 
 
 after its repeal. 
 
 3. Construction as to number, gender and 
 
 person. 
 
 4. Manner of construing ordinances which 
 
 conffict. 
 
 5. Meaning of court, month, oath, reason- 
 
 able notice, &c. 
 
 6. Power and duty of Mayor, Marshal and 
 
 policemen. 
 
 877. § 1. When any ordina 
 
 shall be repealed or modified by 
 nance or part of ordinance thus 
 tinue in force until ten days afte 
 nance rejiealing or modifying t 
 
 ORDINANCES. 
 
 Section. 
 
 7. Construction of general terms and 
 
 phrases. 
 
 8. Penalty under two sections ; recovery 
 
 under one a bar. 
 
 9. Ordinances to be published and re- 
 
 corded. 
 
 10. Preservation of original ordinances; 
 
 correction of clerical mistakes. 
 
 11. Effect of publication; when not re- 
 
 quired. 
 
 ice, or a part of any ordinance, 
 a subsequent ordinance, the oi’di- 
 repealed or modified, shall con- 
 i’ the due publication of the ordi- 
 he same, when such publication 
 
266 
 
 REVISED ORDINANCES. 
 
 shall be necessary to give elfect to such ordinance, unless it shall 
 be therein otherwise expressly provuded. No ordinance, or part 
 of any ordinance, repealed by another ordinance, shall be revived 
 by the repeal of the repealing oi-dinance, unless it shall be therein 
 so expressly provided. 
 
 878. § 2. No line, forfeiture, penalty, right, action. Suit, 
 debt, or other liability whatever, created, instituted, incurred or 
 accrued by or under any ordinance prior to its repeal or modifica- 
 tion, shall be released, discharged, annulled, repealed or in any- 
 wise affected by the passage of such repealing or modifying ordi- 
 nance; but the same may be prosecuted, recovered or enjoyed, or 
 any suit or other proceeding be commenced or completed thereon, 
 as fully and in the same manner, in all respects, as if such ordi- 
 nance or part thereof had remained in full force, unless it shall 
 be otherwise expressly provided in the ordinance making such 
 repeal or modification. 
 
 879. § 3. When, in any ordinance, words importing the 
 singular number are used, in reference to any person, or subject 
 matter, such words shall be deemed to extend to and embrace 
 several persons, matters or subjects; and words used collectively, 
 or importing the plural number, shall be deemed to extend to and 
 embrace any singular person, matter or subject, as well as sev- 
 eral; and when any person, or subject matter, shall be named, 
 referred to, or described by words importing the masculine gen- 
 der, or by genei’al terms, females as well as males, shall be deemed 
 included in the meaning and terms thereof; and the words ’‘per- 
 son” or “persons,” or words importing any person or persons, shall 
 be deemed to include corporations as well as individuals. 
 
 880. § 4. When the provisions of different ordinances, or of 
 the different portiojis of any ordinance, conflict with or contra- 
 vene each other, the provisions and requirements of each ordi- 
 nance or chajiter, shall prevail as to all subjects, matters and 
 questions arising out of or embraced within the subject-matter 
 thei’eof. But if different or conflicting provisions be found in 
 different sections of the same ordinance, the provisions of the sec- 
 tion which is last in numerical order shall prevail, unless such 
 consti'uction would be repugnant to or inconsistent wuth the mean- 
 ing of such ordinance or chapter. 
 
 881. ^ 5. The w’ord “ court,” when used in any ordinance, 
 shall be construed to mean any court of competent jurisdiction, 
 whether Police Magistrates’ court. Justice of the Peace, or court 
 of record. The word “month,” when used in any ordinance, shall 
 be construed to mean a calendar month, and the word “oath” 
 shall be deemed to include an affirmation, and the word ‘‘sworn” 
 to mean sworn or affirmed. When in any ordinance any act 
 
REVISED ORDINANCES. 
 
 267 
 
 shall be required to be done within a “reasonable time,” or upon 
 a “reasonable notice,” such reasonable time, or reasonable notice, 
 shall be deemed to mean such time only as may be necessary 
 in the prompt execution of such duty or compliance with such 
 notice. 
 
 882. § 6. When any duty shall be required of, or power 
 vested in the Mayor, the same shall be deemed to extend to and 
 embrace, and may be exercised by the acting Mayor also; and 
 vvlien any duty shall be required of, or power vested -in the City 
 Marslial, the same shall be deemed to extend to and to embrace, 
 and may be exercised by policemen, unless such construction 
 would be contrary to the terms of the ordinance, or in derogation 
 of the city charter. 
 
 883. § 7. The rules of construction herein prescribed shall 
 apply in all cases, unless it shall be otherwise specially provided 
 in the ordinance, or unless there be something in the subject-mat- 
 ter, or context thereof, repugnant to such construction. And all 
 general terms, provisions, phrases, or expressions, used in any 
 ordinance, shall be liberally construed, in order that the true 
 meaning and intent of the City Council may be carried out. 
 
 88d. § 8. When any fine or penalty shall be imposed by 
 
 different ordinances, or by different chapters, articles, sections or 
 clauses of the same ordinance, for the same offense, the officer or 
 person prosecuting may choose under which ordinance, chapter, 
 article or section to proceed, and a recovery under the same 
 shall be a bar to further proceedings, under any other provision, 
 for the same offense. 
 
 885. § 9. AH ordinances passed by the City Council shall 
 
 be enrolled by the City Clerk in the record book of ordinances, 
 and shall be properly indexed by their titles and sidqects; and he 
 shall, without delay, cause any ordinance appropriating money, 
 imposing any fine, penalty forfeiture, or imprisonment for a 
 violation of its provisions, to be published once in the newspaper 
 authorized to publish the ordinances of the city, with his cer- 
 tificate under the corporate seal attached, that the same is a 
 “true and authentic copy of the original ordinance, and that it 
 is printed and published by authority of the City Council.” He 
 shall note the fact of publication, the time when, and the news- 
 ]>aper in which published, on the margin of the record of each 
 ordinance. 
 
 880. § 10. The City Clerk shall file and preserve the origi- 
 
 nals of all ordinances in his office, and he may correct any errors 
 in the numbering of any chapter or section of any ordinance, and 
 insert the projier numbers; and he may omit words inserted, or 
 supply, with brackets, words omitted by clerical mistake. He 
 
268 
 
 REVISED ORDINANCES. 
 
 shall attend to the printing of all ordinances requiring publica- 
 tion, or ordered to be published, and see that they are correctly 
 and properly printed and published. 
 
 887. § 11. All ordinances passed by the City Council, and 
 
 by the city charter requiring publication, shall take effect ten 
 days after the due publication thereof, unless it shall be therein 
 otherwise expressly provided. All ordinances not so requiring 
 publication shall take effect and be in force from and after their 
 passage, unless it shall be therein otherwise expressly provided. 
 
 CHAPTER LIX. 
 
 REVISION OF ORDINANCES. 
 
 Section. I Section. 
 
 1. Style of ordinance. Repeal no bar i 2. When take effect, 
 to suit, etc. I 
 
 888. 8 1. The foregfoino* shall constitute and be denomi- 
 
 o o o 
 
 nated “The Revised Ordinances of the City of Galesburg,” and 
 shall be published in book form, properly arranged and divided 
 into chapters, articles and sections, and properly indexed ; and 
 when so published, shall be received in all courts and places 
 without further proof.* All public or general ordinances, or 
 parts thereof, not included herein, are hereby repealed so far 
 as they conflict, or are inconsistent with the provisions hereof, 
 so far only as shall relate to offenses committed from and 
 after the taking effect hereof; but no fine, forfeiture, penalty, 
 right, action, suit, debt, or other liability whatsoever, created, in- 
 stituted, incurred or accrued, by or under the same, shall be 
 released, discharged, annulled, repealed or in anywise affected, 
 but may be prosecuted, recovered or enjoyed, or any suit or 
 other proceeding, be commenced or completed thereon, as fully 
 and in the same manner in all respects as if such ordinance or 
 part thereof had remained in full force. 
 
 889. § 2. This ordinance shall take effect and be in force 
 from and after its passage. 
 
 Passed Ai)ril 30, A. D. 1883. 
 
 Approved ^laj" 1, A. D. 1883 
 
 Published b}' the authority and order of the Cit}' Council of the City of 
 Galesburg, Illinois, Ma}' 2, A. D. 1883. 
 
CERTIFICATE OF AUTHENTICATION. 
 
 STATE OF ILLINOIS, j 
 
 City of Galesburg, ) 
 
 I, W. A. Ryan, City Clerk of said city, hereby certify that the 
 foregoing ordinance is a true copy of an Ordinance in Revision of 
 the Ordinances of the City of Galesburg, passed by the City 
 Council of said city at a meeting held on the thirtieth day of 
 April, A. D. 1883, duly approved by the Mayor of said city, on 
 the first day of May, A. D. 1883, and now in force, the original 
 of which ordinance is on file and duly recorded in the office of 
 said City Clerk ; and that said ordinance is herein published by 
 authority of the City Council of said city. 
 
 In testimony whereof I have hereunto set my hand and affixed 
 the seal of said city this first day of May, A. D. 1883. 
 [seal.] W. a. RYAN, City Clerk. 
 
I N D B X 
 
 TO 
 
 ORiaiNAL Char nr KR. 
 
 A 
 
 C 
 
 SECTION. PACE. 
 
 SECTION. 
 
 Aldermen (see City Council) 
 fire wardens and conservators 
 
 of the v»eace .8 8 
 
 exempt from Jury 8 8 
 
 election, term of office, reside 
 
 in ward 3 4 
 
 Census, of children 9 40 
 
 Attorney, duties 10 9 
 
 Assessor, powers and duties .... 14 10 
 
 Assessments, of damage for 
 
 opening streets 2-7 20, 21 
 
 for public im])rovements 2 2:1 
 
 for removal of nuisances 3 24 
 
 lists to he returned and filed. 1, 2 24, 25 
 
 for schools 8 40 
 
 limit of for schools 1 44 
 
 Annexation of land adjoining 
 
 city >24 35 
 
 15 
 
 City Clerk, term of office, powers 
 
 and duties 9 
 
 Council, who constitute, organi- 
 zation, etc ■•. 1 
 
 meetings 2 
 
 general powers 3 
 
 may establish fire limits 1 
 
 powers in regard to fire depart- 
 ment, fires, etc 2 
 
 l)ower to have lots, blocks and 
 
 streets surveyed 7 
 
 vote, how reconsidered at spe- 
 cial meetings 10 
 
 may borrow inoney for school 
 
 purposes '. 10 
 
 Cemetery, lots exempt from at- 
 tachment and execution 11 
 
 Charter, a public act 28 
 
 act of P>b. 27, 1854, a jiart of. 29 
 amendments to: 37 
 
 Board of Education, officers ot, 
 
 1801 to 1883 
 
 members of and legal name., 
 manage and control ])u 
 
 schools 
 
 powers 
 
 control money borrowed 
 
 loaning funds, collection 
 
 may admit persons 
 
 of 
 
 Board of Health, 
 
 tilted 
 
 visiting the sick. 
 
 how consti 
 
 
 Xlll-XVl 
 
 . 4 
 
 39 
 
 4 
 
 39 
 
 I, 7 
 r 
 
 39 
 
 10 
 
 41 
 
 ,11 
 
 41 
 
 12 
 
 f 
 
 42 
 
 -18 
 
 42, 43 
 
 ;19 
 
 43 
 
 20 
 
 43 
 
 ..1 
 
 1 
 
 ..3 
 
 2 
 
 24 
 
 35 
 
 ..1 
 
 38 
 
 ,.l 
 
 30 
 
 2 
 
 30 
 
 
 30 
 
 r, 5 
 
 31 
 
 ,.6 
 
 31 
 
 1 > 
 
 Default in payment of interest 
 
 on school loans Ifi 
 
 Division, of school ])ro])erty 2 
 
 of towns of Galesburg and 
 
 West Galesburg, act for 
 
 amendment to above act 
 
 of projierty between towns of 
 Galesburg and West Gales- 
 burg 4 
 
 E 
 
 Election, tie 8 
 
 when held — inspectors 1 
 
 officers chosen at 1 
 
 conducting, voting and returns. 2 
 
 who voters — oath 3 
 
 day changed. . . 1 
 
 Engineer or Surveyor, duties 
 and powers .* 13 
 
 PAGE. 
 
 8 
 
 11 
 
 12 
 
 12-18 
 
 28 
 
 28-30 
 
 33 
 
 33 
 
 41 
 
 33 
 
 3(1 
 
 3(1 
 
 47 
 
 42 
 
 38 
 
 45 
 
 47 
 
 45 
 
 5 
 
 5 
 
 5 
 
 5 
 
 6 
 
 44 
 
 9 
 
 
272 
 
 INDEX 
 
 
 F 
 
 SECTION. PAGE. 
 
 Fire Department, ordinance 
 
 thereon 28 
 
 Finances, yearly statement to 
 
 be published 1 31 
 
 Fines and Forfeitures, to be paid 
 
 into treasury 5 32 
 
 how remitted 9 33 
 
 suits for, how brought 13 34 
 
 o 
 
 Graded Schools, act establishing 38 
 
 o 
 
 SECTION. PAGEi 
 
 Officers, of city, 1857 to 1883 vii-xii. 
 
 vacancies 4-6 4 
 
 removed 5 4 
 
 ! qualiflcations 7 i 4 
 
 j oath of office 1 7 
 
 I powers of Council over 16 10 
 
 deliver pajiers to successors . . 17 11 
 
 commission 18 11 
 
 Ordinance, publication, proof of 
 
 etc 12, 22 33, 35 
 
 former not repealed by this 
 
 charter 19 35 
 
 style of 23 33 
 
 digest every five years 27 36 
 
 I 
 
 Inhabitant, of city competent as 
 judge, juror, justice or wit- 
 ness in cases where city is 
 interested 18 35 
 
 J 
 
 Judgment, execution on rendi- 
 tion 16 
 
 prisoner confined one day for 
 each dollar of judgment and 
 
 costs 16 
 
 for school funds draw 12 per 
 cent 17 
 
 F 
 
 License, proviso repealed 1 
 
 Lands, belonging to schools di- 
 vided 2 
 
 Loans, thousand dollar limit, 
 
 etc., for scliool funds 1 
 
 of school funds 13-18 
 
 >x 
 
 ^layor, duties 
 
 ]K)wers in suppressing riots 
 
 and executing laws 3 
 
 may compel otticers to exhibit 
 
 books, ])apers, etc 4 
 
 salary ^ 5 
 
 sign or veto ordinances, ad- 
 minister oaths, take ac- 
 knowledgments, etc 6 
 
 vacancy in office 7 
 
 Marshal,' term of office, how eli- 
 gible, duties and powers 12 
 
 Nuisance, removal of by owner 
 
 of lot 4 
 
 expense of removal 3 
 
 34 
 
 34 
 
 42 
 
 37 
 
 38 
 44 
 
 8 
 
 8 
 
 8 
 
 9 
 
 24 
 
 24 
 
 F 
 
 Preface iii-vi 
 
 Powers, general of citv 2 2 
 
 of Council over officers 16 lU 
 
 improvement of streets, etc 1 23 
 
 Phj^sicians to report certain 
 
 ' cases to Board of Health 6 31 
 
 Proi)erty, public, destruction or 
 
 injury to 17 34 
 
 vested in corporation 21 35 
 
 S 
 
 Street Commissioner, duties 
 
 and powers 15 10 
 
 powers further defined 3 32 
 
 willful neglect of duties 8 8^1 
 
 Streets, opening streets and 
 
 alleys 1-11 19-22 
 
 improvement of, etc 1, 2 21, 37 
 
 Supervisors, election of 4 47 
 
 Suits, how brought 13 34 
 
 first process in 14 34 
 
 Schools, establishment of grad- 
 ed, act for 38 
 
 division of property 2 38 
 
 transfer of funds 3 38 
 
 who admitted 21 43 
 
 grounds and buildings may be 
 
 purchased on credit 22 43 
 
 oflticers, their election, etc 11 41 
 
 controlled by Board of Educa- 
 tion 4 39 
 
 scholars suspended or ex- 
 pelled 21 43 
 
 T 
 
 Treasurer, duties 11 9 
 
 Taxation, general, and street 1 19 
 
 Taxes, warrant for 4 25 
 
 lien on real and personal estate. 3 25 
 
 sales for 7-9 26, 27 
 
 redemption from sales 10 27 
 
 Treasurer, city, powers and, du- 
 ties in collection of taxes . . 5,6 25 
 
 o 
 
 Officers, of city, 1857 to 1883 vii-xiii 
 
 general duties 1 3 
 
 appointment and term of office. 2 3 
 
 w 
 
 Wards, boundaries 3 
 
 power to create additional 3 
 
 •2 
 
INDEX TO PRESENT CHARTER, 
 
 And Miscellaneous 
 
 Statutes Relating 
 
 TO Cities. 
 
 A 
 
 SECTION. 
 
 Aldermen, number of 30 
 
 term of oftice 31 
 
 vacancy in office 32 
 
 qualifications of 33 
 
 at first election — classified. . . .52 
 
 under minority plan .54 
 
 how elected when minority^^ 
 
 plan not adopted 55 
 
 not to hold other office 80 
 
 conservators of peace 83 
 
 com pensation of .85 
 
 Api)ropriation, annual, by ordi- 
 nance 8!) 
 
 .\ssessments,s])ecial, funds kept 
 
 separate 90 
 
 for local improvements llfi 
 
 how made.. 133 
 
 Appeal, bond need not be given 
 
 by city lU 
 
 Annexing and excluding terri- 
 tory, act 
 
 li 
 
 Bond, officers to execute 75 
 
 in appeal, need not oe given 
 
 by city 177 
 
 Bribery t)f officers, etc., penalty. 70 
 
 o 
 
 Clerk, City, to notify persons 
 
 elected, etc 50 
 
 not to hold other office 80 
 
 duties of 81, 82 
 
 may administer oaths 87 
 
 to countersign warrants on 
 
 Treasurer !t8 
 
 appointment of subordinates 109 
 (k)unty Jail, when it may be used 
 
 by city 62 
 
 Constable, may serve city ])ro- 
 
 cess 70 
 
 Conservators of peace, who are, 
 
 powers 83 
 
 tdianging from city to village.. 
 Commission, of officers. ..... . .76 
 
 Commissioners,in assessment — 
 cases for local imi)rovements 
 — api)ointment of and du- 
 ties 138, 142 
 
 Contracts, officers must not be 
 
 inter(‘sted in 78 
 
 C('nsus, number of inhabitants 
 determined by, taking etc. 175 
 
 Charter, how adopted 1, 4 
 
 Courts, take judicial notice of 
 adoption of charter 6 
 
 PAGE. 
 
 54 
 
 54 
 
 54 
 
 .54 
 
 57 
 
 58 
 
 58 
 
 72 
 . 73 
 
 73 
 
 83 
 
 87 
 
 00 
 
 106-110 
 
 71 
 
 99 
 
 .59 
 
 72 
 
 :'3 
 
 74 
 
 80 
 
 65 
 
 o 
 
 SECTION. 
 
 CoriJorate, name, powers 10 
 
 rights retained 12 
 
 Cit}" Council — how composed . . 20 
 judge of election and qualifica- 
 tion of its members 34 
 
 rules, expulsion, bribery 35 
 
 quorum — compelling attend- 
 ance 36 
 
 meetings 37 
 
 chairman pro tern 38 
 
 open doors 39 
 
 journal of proceedings 40 
 
 yeas and nays, record, vote re- 
 quired 41 
 
 when committee report laid 
 
 over 43 
 
 territorial jurisdiction 44 
 
 special meeting 45 
 
 no quorum in office — election. 60 
 
 general powers 62 
 
 control finances and property, 
 a])propriate money, levy 
 
 taxes, etc 62 
 
 fix licenses, etc 62 
 
 borrow money and issue bonds62 
 lay out and imimive streets, 
 
 jiarks, etc 62 
 
 regulate laying of sewers, etc. 62 
 regulate hackmen, peddlers, 
 
 shows, games, etc 62 
 
 jurisdiction over waters 71 
 
 suppress bawdy houses, etc.. 62 
 
 make fire limit 62 
 
 may define duties of Comp- 
 troller 105 
 
 jmivide water supply 169 
 
 what it may jirovide in regard 
 to town and city officers . . .286 
 may regulate number of Jus- 
 tices 287 
 
 fill vacancies in town offices. 288 
 
 69 
 
 73 
 
 104 
 
 71 
 
 88, 89 
 
 71 
 
 98 
 48, 49 
 
 .50 
 
 Collector, City, his duties KKl 
 
 report to Council, publica- 
 tion 101 
 
 not to retain money, ])enalty.l02 
 examination of books, paying 
 
 over money 103 
 
 further duties if required by 
 
 Council 107 
 
 appeal to finance committee 
 in adjustment of accounts. 108 
 appointment of subordinates 109 
 
 Comi)troller, City, powers and 
 
 duties 104 
 
 Council may define duties.. .105 
 keep record of city bonds — 106 
 
 TAGE. 
 
 51 
 
 51 
 
 54 
 
 55 
 55 
 
 5.5 
 
 55 
 
 55 
 
 55 
 
 55 
 
 .53 
 
 56 
 
 56 
 
 56 
 
 .59 
 
 60-68 
 
 60 
 
 60 
 
 60, 61 
 
 61 
 
 61 
 
 63 
 
 69 
 
 63 
 
 65 
 
 79 
 
 97 
 
 129 
 
 129 
 
 129 
 
 77 
 
 78 
 78 
 
 78 
 
 80 
 
 80 
 
 80 
 
 78 
 
 79 
 79 
 
274 
 
 INDEX. 
 
 $ 
 
 13 
 
 SECTION. PAGE. 
 
 Directors of Public Library 301 134 
 
 term of office, removal 302 135 
 
 vacancies — compensation 303 135 
 
 organization — powers 304 135 
 
 annual report 306 136 
 
 E 
 
 Election, for adoption of char- 
 ter, notice, etc 2, 3, 5 49 
 
 of officers 7 50 
 
 when County Judge to give 
 
 notice of.." 8 .50 
 
 record of that adojiting charter 13 51 
 
 annual, when held 48, 1, 1 57,101,103 
 
 of Mayor 49 57 ■ 
 
 who entitled to vote 50 .57 
 
 place of notice .56 59 
 
 manner of conducting- .57 .59 
 
 result, tie 58 .59 
 
 siiecial 60, 61 59 
 
 of Mayor, Clerk, Attorney and 
 
 Treasurer 1 101 
 
 of officers of town within city.^4 129 
 
 time of opening and closing 
 
 polls 292 131 
 
 Expenditures, limited to yearly 
 
 appropriation — proviso ...90 75 
 
 Evidence, records, ordinances, 
 
 etc. — how certified 314 138 
 
 E 
 
 Fines, iiaid to Treasurer 67 .68 
 
 Finance, fiscal year 88 74 
 
 annual apimipriation 89 74 
 
 ex})enditures, limited, borrow- 
 ing money 90 75 
 
 contracting liabilities limited. 91 75 
 
 special assessment fund kept 
 
 separate 99 77 
 
 Ferries and bridges i04 , 106 
 
 Fund, ])olice and firemen’s re- 
 lief 221-226^1 113-116 
 
 for library ,304 135 
 
 Firemen's relief fund 221-226& 113-116 
 
 0 
 
 earning, etc 62 63 
 
 M 
 
 Houses of ill-fame — licensing, 
 
 etc., forbidden .'217 113 
 
 1 
 
 Into.xicating liquor,Council may 
 
 license sale ".62 64 
 
 Incorporation, under former 
 
 laws not allowed 193 99 
 
 under general law 105 
 
 Insurance company, foreign to 
 
 pay license, etc'.— penalty. .110 80 
 
 Improvements, local, power to 
 
 make 116 83 
 
 I 
 
 SECTION. PAGE. 
 
 Improvements, ordinance for.. 117 83 
 
 how property taken for. .118-130 84-87 
 
 by general tax 131 87 
 
 by special tax 132 87 
 
 estimate of cost 135 87 
 
 order for proceeding in court . 1.36 88 
 
 petition to court 137 88 
 
 appointment of Commission- 
 ers and their duties 138-142 88, 89 
 
 proceedings in relation to 133-168 87-96 
 
 Ill-fame, houses of, 'licensing, 
 
 etc., forbidden 217 113 
 
 Inhabitants, of city, competent 
 
 as jurors, etc 174 98 
 
 J 
 
 Jurisdiction, of Justices, etc 69 69 
 
 of city over waters 71, 1 69, 99 
 
 act extending 112 
 
 Justices, Council may regulate 
 
 number ^ 287 129 
 
 Jurors’ certificates 295 132 
 
 E 
 
 Licenses, fixed by Council 62 60, 64 
 
 paid to Treasurer 67 68 
 
 of foreign insurance com- 
 pany... '.110 80 
 
 Library, Public, establishment 
 
 by city, tax, fund 300 134 
 
 directors 301 134 
 
 who may use 305 135 
 
 j)enalty for in j ury 307 1 36 
 
 donations to 308 136 
 
 library association, etc., may 
 sell to public library 311 137 
 
 3X 
 
 iMayor, his qualifications 14 .52 
 
 vacancy in office of 15, 16, 18 .52 
 
 protein 17 .52 
 
 presiding officer, casting vote. 19 .52 
 
 may remove officers 20, 1 .52, 101 
 
 his powers to keep peace 21 .52 
 
 may release iirisoners 22 .53 
 
 general duties and powers. 24-26 53 
 
 messages to Council 25 .53 
 
 to call out militia, riots, etc.. 26 .53 
 
 misconduct — iienalty 27 53 
 
 may appoint revision commit- 
 tee 28 .53 
 
 conservator of peace 83 73 
 
 compensation of 84 73 
 
 may administer oaths 87 74 
 
 to sign warrants on Treasurer. 98 77 
 
 .Minority, representation .53 .57 
 
 Aldermen under plan .54 .58 
 
 Marshal, City, appointment — 
 
 duties 73 70 
 
 conservator of peace 83 73 
 
 Maps, approval of 173 98 
 
 INI unicipal year 176 99 
 
 IV 
 
 Notice, of election .56 .59 
 
 to })erson elected or appointed 59 59 
 
 Name, changing, act 110-112 
 
INDEX 
 
 275 
 
 O 
 
 SECTION. PAGE. 
 
 Orjianization of cities— how city 
 
 may adopt charter 1 48 
 
 from territory not included in 
 
 city or town 5 49 
 
 courts take notice of 6 50 
 
 Officers, term of first 9 50 
 
 when removed by Mayor 20 52 
 
 misconduct — penalty 27 53 
 
 enumerated 72, 73 70 
 
 appointment, duties, powers. 74 70 
 
 oath, bond •. 75 71 
 
 commission, certificate, de- 
 liver hooks,etc., to successor 70 71 
 
 qualifications 77 71 
 
 not to be interested in con- 
 tracts 78 71 
 
 bribery of 79 72 
 
 not to hold other office 80 72 
 
 compensation of 86 73 
 
 Ordinances, prior to charter, in 
 
 force until, etc 11 51 
 
 revising 28 53 
 
 approval — veto 46 56 
 
 reconsideration — passing over 
 
 veto 47 56 
 
 style of 63 68 
 
 publication — when take effect. 64 68 
 
 proof of 65 68 
 
 suits for violation 66 68 
 
 record of liy Clerk 82 73 
 
 levying tax 111,1 81,102 
 
 for sidewalks, owner's rights. 134 87 
 
 Oath, of office 75 71 
 
 r* 
 
 Prisoners, may be released by 
 
 Mayor 22 53 
 
 Publication, of ordinances 64 68 
 
 of Treasurer’s annual report. 97 77 
 
 of Collector’s annual report. 101 78 
 
 Proof, of ordinances 65 68 
 
 Petition, for taking inuvate prop- 
 ertv for public improve 
 
 ment 119-120 84 
 
 Police, relief fund 221-2266 113-116 
 
 Punishment of person violating 
 
 ordinances 290 130 
 
 Plats, laying out towns 317 140 
 
 certidcate of surveyor — ac- 
 knowledgment — record . . . .318 140 
 
 dedication l)y 319 141 
 
 cornerstone 320 141 
 
 penalty for selling without.. 321 141 
 
 vacation of all or jiart. . .322, 323 141 
 
 of liighways 325 142 
 
 cancelling on record 324 142 
 
 in iiroceedmgs in courts 327 143 
 
 effect of 328 143 
 
 cost of 329 143 
 
 rc 
 
 Rights of old corjioratidn vested 
 
 in new 12 51 
 
 Itecord of result of election at 
 
 which charter is adopted.. .13 51 
 
 Release of i)risoners by tlie 
 
 .Mayor 22 .>4 
 
 . SECTION. PAGE. 
 
 Suits, for violating ordinances. 66 68 
 
 how commenced 68, 289 68, 130 
 
 Sheriff, may serve city process. 70 69 
 
 Sidewalks, ordinance for— prop- 
 erty owner’s rights 134 87 
 
 act to {irovide additional 
 means for construction. 276-281 125-128 
 
 Streets, labor on 1, 296 99, 132 
 
 vacation of 139 
 
 Salaries of city officers 241 121 
 
 Sewerage, contract for 274 224 
 
 how contract for made 275 225 
 
 T 
 
 Treasurer, not to hold other 
 
 office 80 72 
 
 duties of 92-97 75-77 
 
 annual report — publication ... 97 77 
 
 deposit of funds 96 76 
 
 Council may require further 
 
 duties of 107 80 
 
 appeal to finance committee in 
 
 adjustment of accounts 108 80 
 
 may appoint subordinates — 
 
 when 109 80 
 
 Territory, annexing or exclud- 
 ing — act in relation to 106-110 
 
 in city organized as town (see 
 township organization) .. .282 129 
 
 Tax, ordinance levying Ill 81 
 
 manner of collecting 112 82 
 
 time of paying over .113 82 
 
 when levied for particular 
 
 purpose 114 82 
 
 uniform 115 82 
 
 rebate 243 122 
 
 reduction, etc 244 122 
 
 for sewerage fund 246 123 
 
 for w'ater fund 247 123 
 
 how- assessed and collected .. 249 124 
 
 Tax-i>ayer, may enforce rights 
 
 in name of city 172 98 
 
 Taxation, act in relation to rate 133 
 
 Townshi]) organization, act 129 
 
 Towniii(dty( 283 129 
 
 Towns, may become cities, how . . 1 101 
 
 V 
 
 Vacancv, in office of Mayor, 1.5, 
 
 16, 18 52 
 
 in office of Alderman 32 54 
 
 what filled by apiiointment . . .74 70 
 
 in town office — how filled . . . .288 129 
 
 A^ote in Council — ayes and nays 
 
 required — record, etc 41 55 
 
 when rescinded at special 
 
 meeting 42 55 
 
 Vacation, of streets and alleys. 139 
 
 of all or ])art of plats . . . .322, 323 141 
 
 w 
 
 Wards, how' formed 51 57 
 
 Warrants, upon Treasurer must 
 b(‘ signed and counhu-signed. .98 77 
 
 when may be draw'ii 293 131 
 
 issued In anticipation of 
 
 taxes 294 132 
 
 Water, power to ])rovide for 
 
 siipply-T-borrow^ money etc. 169 97 
 
 property for works ' 170 97 
 
 Water works, acts for ‘ 117-121 
 
I N D B X 
 
 TO 
 
 REVISEL:) ORDINA-XCES. 
 
 SECTION. 
 
 Abatino; nuisances 10, 11 
 
 Absence ol officers 9 
 
 Accused officers 11, 14 
 
 Additions to city, ordinance on... 
 
 Adulteration of articles 3, 4 
 
 Aiding or abetting unlawful acts 
 Altering, certiticate of weight. ..2 
 Aliciiiot parts of bushel, fruits, 
 
 etc., to he sold hy 29 
 
 Alarms, false :10 
 
 Alleys (see streets'). 
 
 Aldermen, salary of 1 
 
 conservators of peace 18 
 
 powers at tire -. .5, 8 
 
 Amusement, on streets 
 
 places of— keeping open 
 on Sunday prohibltecl. . . 
 Animals, cruelty to 
 
 herding or feeding on stree 
 Appeal, to Council in case 
 condemned fire place, etc 
 Arrests, at depot 
 
 with and without warrant, 
 
 Assignation, "places oi 
 Assessments, special. 
 Assessor, salary of.. . 
 
 PAGE. SECTION. PAGE. 
 
 2;ll Attorney, cit>-, duties of ITO, 171 
 
 11)4 to attend to suits for city 1 170 
 
 lfi.y, Ifiti to advise City Council — exam- 
 
 194 ine tax lists 2 170 
 
 217 to report cases 3 170 
 
 229 to collect executions — appeals.4 170 
 
 217 in case of absence 5 171 
 
 bond of 4 233 
 
 227 salarjof 1 247 
 
 227 Auction store, defined, license. . 0 , 30 208,214 
 Auctioneer, defined, license.. 6, 30 208, 214 
 247 Auction sales, upon parks pro- 
 
 18.5 hi hi ted 1 236 
 
 187, 188 Awnings, construction of 1 2.52 
 
 h, 
 
 o 
 
 224 
 
 insecure or dangerous — nui- 
 
 
 ..3 
 
 238 
 
 sances 
 
 3 
 
 2.52 
 
 o 
 
 2>8 
 
 removal of 
 
 ...3 
 
 252 
 
 ..1 
 
 195 
 
 
 
 
 o 
 
 195 
 
 IS 
 
 
 
 ..3 
 
 195 
 
 
 
 
 ..4 
 
 195 
 
 Badges, of fire officers 
 
 ..11 
 
 189 
 
 . .5 
 
 195 
 
 of runners and porters 
 
 O 
 
 240 
 
 ..6 
 
 19)5 
 
 Bawdy houses i:3, 14, 16 
 
 225 
 
 . . i 
 
 196 
 
 Bells, on cattle prohibited 
 
 ..16 
 
 198 
 
 ..8 
 
 196 
 
 ringing of 
 
 ...1 
 
 247 
 
 10 
 
 196 
 
 Beggars (see vagrants). 
 
 
 
 
 
 Billiard tables, keepers of. 
 
 li- 
 
 
 .11 
 
 197 
 
 cense for 
 
 ..:30 
 
 214 
 
 .12 
 
 197 
 
 Birds, killing prohibited 
 
 ...4 
 
 216 
 
 112 
 
 197 
 
 robbing nests prohibited. . . 
 
 . .4 
 
 216 
 
 13 
 
 198 
 
 sale of unwholesome 
 
 ..26 
 
 227 
 
 15 
 
 198 
 
 Bill-posting 
 
 o 
 
 259 
 
 16 
 
 li»8 
 
 Board of Education, rules of. 
 
 
 144-1.52 
 
 26 
 
 227 
 
 mav give control of grounds to 
 
 
 .13 
 
 257 
 
 Park Commissioners 
 
 . . .4 
 
 •234 
 
 f 
 
 
 Park Commissioners to report 
 
 
 .10 
 
 189 
 
 to 
 
 
 • -235 
 
 ..6 
 
 240 
 
 Boundaries of wards 
 
 
 161 
 
 0 
 
 261 
 
 Books, for registry of deaths . 
 
 ...1 
 
 •2)2 
 
 ,9 
 
 18:3 
 
 of Clerk — how kept 
 
 .6-8 
 
 168, 169 
 
 
 
 of Treasurer — how kept. . . 
 
 .1,3 
 
 171 
 
 .8 
 
 18:3 
 
 of Public Library 
 
 2 3 
 
 193, 194 
 
 ..9 
 
 183 
 
 indecent or obscene 
 
 ..17 
 
 •225 
 
 16 
 
 225 
 
 Bowling alleys, keepers, licen 
 
 se 
 
 
 ..1 
 
 2.5:3 
 
 for 
 
 ..:30 
 
 214 
 
 .1 
 
 247 
 
 Bovs, misconduct bv 
 
 ...1 
 
 •216 
 
 0 
 
 232 
 
 sundry sports prohibited. . . 
 
 ...1 
 
 •216 
 
 19 
 
 226 
 
 Bicycles, on sidewalk prohihited.2 
 
 •216 
 
 , 9 
 
 222, 223 
 
 Board of Health, to examine for 
 
 
 3, 
 
 
 adulteration 
 
 
 •218 
 
 
 249, 250 
 
 authority of for inspection . 
 
 ..28 
 
 •227 
 
INDEX 
 
 277 
 
 SECTION. 
 
 PAGE. 
 
 Board of Health,ho\v constituted. 1 
 
 189 
 
 to order nuisances abated. . . . 
 
 ,.7 
 
 190 
 
 to prevent spread of small pox 10 
 
 191 
 
 to provide pest house 
 
 14 
 
 192 
 
 to be convened by Mayor— 
 
 
 
 when 
 
 15 
 
 192 
 
 ajipeal to 
 
 16 
 
 193 
 
 report of 
 
 18 
 
 193 
 
 Bonfires 
 
 .6 
 
 221 
 
 Bonds, official 
 
 
 233 
 
 who shall give 
 
 .1 
 
 233 
 
 condition of 
 
 .2 
 
 233 
 
 city officer not to be surety . . . 
 
 .3 
 
 233 
 
 amounts of bonds 
 
 .4 
 
 233 
 
 dram shop 
 
 .2 
 
 204 
 
 of defaulting officer 
 
 .2 
 
 251 
 
 to be approved by Council — 
 
 .4 
 
 163 
 
 new bonds 
 
 .4 
 
 163 
 
 Bridges (see streets). 
 
 
 
 Butchers, to cleanse slaughter 
 
 
 
 houses 
 
 27 
 
 227 
 
 to allow' Board of Health to 
 
 
 inspect meats, etc 
 
 28 
 
 227 
 
 Butter, adulteration of 
 
 .4 
 
 217 
 
 Bull, indecent exhibition of . . . . 
 
 12 
 
 225 
 
 Burglars' tools, in possession of 
 
 .1 
 
 223 
 
 Buildings(see w'ooden buildings) 
 
 
 to have fire escapes 
 
 .1 
 
 241 
 
 doors of to swing outward. . . . 
 
 .2 
 
 242 
 
 fire extinguishers in jiublic.. . 
 
 .3 
 
 2-12 
 
 complaint of unsafe 
 
 19 
 
 245 
 
 public, defacing 
 
 .6 
 
 224 
 
 when a nuisance .5. 
 
 , t> 
 
 230 
 
 destruction of in case of fire.. 
 
 .8 
 
 188 
 
 remoA'al 
 
 1 
 
 254 
 
 Burial permits — issuance of 
 
 3 
 
 168 
 
 required before burial 
 
 5 
 
 203 
 
 Business houses, closed on Hun- 
 
 
 
 flay ;...., 
 
 1 
 
 257 
 
 O 
 
 Cars, train of, getting u]K)n 
 
 w'hile in motion 
 
 ....20 
 
 226 
 
 obstructions of streets by, 
 
 1 
 
 246 
 
 Cannon, use of 
 
 6 
 
 221 
 
 Cattle, liens, etc., when a 
 
 nui- 
 
 
 sauce 
 
 7 
 
 231 
 
 not to wear bells 
 
 
 198 
 
 running at large 
 
 8 
 
 196 
 
 Calaboose (see prison) 
 
 ....14 
 
 . 185 
 
 Cemeteries, ordinance on... 
 
 
 199-202 
 
 Linwoo a (lublic (see 
 
 Lin- 
 
 
 wood Cemetery) 
 
 1 
 
 199 
 
 establishment of new 
 
 .... 14 
 
 202 
 
 iniuring iiroperty in 
 
 ....12 
 
 201 
 
 behavior on grounds 
 
 
 201 
 
 private lots in 
 
 ....12 
 
 201 
 
 driving vehicles in 
 
 ....12 
 
 201 
 
 dressing stone on grounds of. 12 
 
 201 
 
 iilucking flowers in 
 
 ....12 
 
 201 
 
 gambling or lewd in actices in. 12 
 
 201 
 
 rules to be printed 
 
 . ... 12 
 
 201 
 
 rules not to interfere with 
 
 iiri- 
 
 
 vate owners 
 
 . ... 12 
 
 201 
 
 permits to he iirocured for luir- 
 
 
 ial in 
 
 ....13 
 
 201 
 
 manner of making graves 
 
 in, 10 
 
 201 
 
 opening of graves in 
 
 ...11 
 
 201 
 
 o 
 
 SECTION. PAGE. 
 
 Cess-pools — contents not to be 
 
 run into street 25 22li 
 
 when a nuisance 25 22(i 
 
 Cedar Fork, obstruction of 35 228 
 
 Certificates, false by officers 3 232 
 
 of Inspector 1 2fi4 
 
 Cellars, etc., leaving open 2 2.54 
 
 Cheats and swindlers 217 
 
 Chimneys, burning out 8 222 
 
 inspection of, § !), p. 188 and. 18 245 
 
 Charg(*s against officers 11-14 lfi5, Ififi 
 
 Chance, sales by 3fi 228 
 
 Chief Engineer to cause inspec- 
 tion of chimneys 18 245 
 
 salary of 1 248 
 
 to detail firemen for entertain- 
 ments 4 242 
 
 duties and powers 2, .5-8 18H-188 
 
 Circus or menagerie, license for.30 214 
 
 Clerk of city, to provide ballot 
 
 boxes, etc 1 168 
 
 to notify Mayor of election re- 
 turns 2 168 
 
 to keej) blanks for physicians 
 
 and record certificates of death . 3 168 
 
 to attest and keej) registry of 
 
 licenses .4 168 
 
 to issue notices 5 168 
 
 to draw warrants 6 168 
 
 to keep accounts with officers. 7 16!) 
 
 to kee]) account of revenue.. ..8 16!) 
 
 to give notice to abate nui- 
 sance 10 231 
 
 bond of 4 233 
 
 to be Clerk of Fire Commis- 
 sioners 12 243 
 
 salary of 1 247 
 
 to enroll and publish ordi- 
 nances !) 267 
 
 to post notice of estrays 11 1!)7 
 
 Council, City, rules and order of 
 
 business of 1.53-1.57 
 
 meetings of 1 167 
 
 com])ensation of members 2 167 
 
 to fill vacancies 14 166 
 
 trial of charges by 11-14 166 
 
 removal of officers by 16 166 
 
 Contagious diseases 13,33 192, 228 
 
 Coal (see wood and coal). 
 
 Confidence game 3 261 
 
 Congregations, disturbing 1!) 226 
 
 Commissioner of Health, bond 
 
 of 4 233 
 
 salary of 1 248 
 
 general powers and duties 189-193 
 
 authority over night scaven- 
 gers 26,27 212,213 
 
 Combustible material 7,8 222 
 
 Corporations, when included in 
 
 ordinances 3 266 
 
 Committee, finance, to examine 
 
 hooks, etc 3 251 
 
 prescribe manner of keei>ing 
 
 accounts '..3 251 
 
 to prefer charges 11 165 
 
 Conllicting jirovisions in ordi- 
 nances 1 266 
 
 Contractor, olistruction of 
 
 streets bv 1 2.54 
 
2?8 
 
 INDEX. 
 
 c 
 
 SECTION. PAGE. 
 
 Contractor, liability of for dam- 
 ages 5 25.5 
 
 Corner stone, removal of 11 257 
 
 Cost of keeping jirisoners 17 185 
 
 Costs when not collectible 1 248 
 
 Court, meaning of in ordinances. 5 25H 
 
 Cows, wlien allowed to run at 
 
 large 8 1% 
 
 Commmissioners, Park, jiowers 
 
 and duties 234, 235 
 
 lire 11-1‘J 243-246 
 
 Crowds on corners,at post otlice, 
 
 etc 9 224 
 
 Crossing, railroad 1 246 
 
 Custody, escape from 1 232 
 
 Damage, by obstructing streets . . 2 2.54 
 
 otticers, when liable to city for. 10 164 
 
 Deaths, ordinancf* on 202 
 
 Clerk to provide lilanks 1 202 
 
 registry of 2 202 
 
 physicians, etc., to presentcer- 
 
 tili cates of ! 3 202 
 
 to be re])orted \\ lien no phvsi- 
 
 cian ‘....4 202 
 
 permits for burial 5 203 
 
 Dead, burial of, permit required. 5 203 
 
 animals in street.. 14, 15 198 
 
 Destruction of gaming imple- 
 ments § 7, 1 ). 22 and 3 261 
 
 Depot, imlice to preserve order at 6 240 
 
 Defaulting otticers, jiroceedings 
 
 against 1,2 2.51 
 
 Disturbances by boys 1 216 
 
 Disturbing public peace 1, 2 238 
 
 Disorderly houses 13, 1.5, 16 225 
 
 Dogs, ordinance on Ill 
 
 trespassing may be killed 1 203 
 
 when not allowed at large 2 203 
 
 Dog-tighting 4 239 
 
 Doors, of public halls, to swing 
 
 outward 2 242 
 
 Dockets, Justices 1 215 
 
 Dramshojis, ordinance on 204 
 
 license for keeping 1 204 
 
 apjilication — bond— rate of li- 
 cense. 2 204 
 
 license for, not transferable. . .3 205 
 
 sale of liquor in one room only. 3 205 
 
 kee])ers of selling to minors, 
 
 etc 4 205 
 
 keepers of giving away 1 iquors . 5 205 
 
 keeping open on Sunday, etc.. 6 205 
 
 g;ames in prohibited 7 205 
 
 obstructing view into 8 205 
 
 accessible to police 8 206 
 
 prosecutions — evidence 9 206 
 
 revocation of license 10 206 
 
 Druggists, license 2, 30 208, 214 
 
 to keep record of sales of poi- 
 sons 34 228 
 
 Draymen, defined, device, char- 
 ges, license 8, 12, 14, 30 208, 214 
 
 may not refuse to carry goods . 1 5 209 
 
 Drunkenness, penalty for public. 1 218 
 
 Drains, changing channel of.. .35 228 
 
 private— permission to con- 
 struct 1 239 
 
 1> 
 
 SECTION, 
 
 Drains, submission of plans for . .2 
 
 conditions of permit 3 
 
 Driving, fast 2 
 
 PAGE. 
 
 239 
 
 239 
 
 195 
 
 E 
 
 Elections, general, dram sho]is 
 
 to be closed 6 2(>5 
 
 returns 2 168 
 
 Plngineerand Surveyor, city, du- 
 ties of 172, 173 
 
 to make jilans for public works. 1 172 
 
 to inspect materials 2 172 
 
 to make surveys of grades, etc. 3 172 
 
 to keeji record of surveys, etc . . 4 172 
 
 to mark grade for structure, etc. 5 172 
 
 to keep tield notes 6 173 
 
 to erect monuments 7 173 
 
 bond of 4 233 
 
 salary of 1 248 
 
 Engine, locomotive, getting iqion 
 
 while in motion 20 226 
 
 Engineers of fire department,2,5-ll 186, 189 
 
 Estrays, Clerk to post 11 197 
 
 Jiroceedings against — sale of. 12 197 
 
 Evidence, in jirosecutions under 
 
 dram shoji ordinance 9 206 
 
 Exits, in jiublic building 6,7 242, 243 
 
 Excavations in streets 4-6 255 
 
 F 
 
 False, alarm of fire 30 227 
 
 representation of officer 1 237 
 
 Fares of hackmen and draimien, 
 
 jirinted lists of ! . . 13, 14 209 
 
 Fees (see salaries and fees). 
 
 for imjiounding animals 13 198 
 
 of Sealer of Weights and Mea- 
 sures r 6 178 
 
 of Inspector of Wood and Coal.2 175 
 
 of Inspector of Mineral Oils. .3 179 
 
 of Sexton 9 200 
 
 of Poundmaster 13 198 
 
 Females in male attire 14 225 
 
 Fences, injury to 3 224 
 
 F'ence or other obstruction in 
 
 streets 7 2.55 
 
 Fire, on sidewalks and ojien 
 
 grounds 9 222 
 
 careless use of 9 222 
 
 false alarm of 30 227 
 
 apparatus, private use of... 6, 31 187, 227 
 
 ajijiaratus, injury to 32 228 
 
 P'ire department, ordinance on. .. 186-189 
 
 officers and members of — com- 
 
 jiensation 1 186 
 
 Chief Engineer — jiowers and 
 
 duties 2,5,6,7-11 186-188 
 
 obstructing members on duty. 3 187 
 
 injuring property of ..3 187 
 
 power to inspect 9, 10 188 
 
 Firemen, neglect or misconduct 
 
 of 4 187 
 
 obstructing on duty 3,30 187, 227 
 
 in public halls 4 242 
 
 Fire wardens, Mayor,Aldermen, 
 
 Chief Engineer. ! 9 188 
 
 Jiowers, duties 9, 10 188 
 
INDEX. 
 
 279 
 
 IT 
 
 SECTION. PAGE. 
 
 Fire arms, selling to minors. . . .1 218 
 
 minors fomid in possession of .4 21!) 
 
 use of in city (i 221 
 
 Fire works, setting off in city, 
 
 permission 2, (5 218, 222 
 
 minors in possession of 4 219 
 
 Fire escapes, buildings to be 
 
 supplied with 1 241 
 
 Fire extinguishers in public 
 
 buildings .' 3 242 
 
 Fire Commissioners, Board of. 11 243 
 
 City Clerk, clerk of 12 243 
 
 City Marshal to execute orders 13 
 
 244 
 
 quorum of 
 
 ... 14 
 
 244 
 
 powers and duties 
 
 14-19 
 
 214-24(5 
 
 Fire limits 
 
 ....1 
 
 2G2 
 
 Fish, sale of unwholesome. . 
 
 . . . 2(5 
 
 
 inspection of by Board 
 
 of 
 
 
 Health 
 
 . ..28 
 
 227 
 
 Fines to be ajiportioned accord- 
 
 
 ing to offense 
 
 
 229 
 
 fixing amount of 
 
 . . . 39 
 
 00(1 
 
 Fhscal year 
 
 ....(5 
 
 252 
 
 Fowl, sale of unwholesome. 
 
 . . . 2(5 
 
 227 
 
 inspection of by Board 
 
 of 
 
 
 Health 
 
 ... 28 
 
 227 
 
 Form, of official bond 
 
 . . ..4 
 
 1(53 
 
 of recognizance 
 
 . . ..9 
 
 183 
 
 F'raud (see cheats) 
 
 
 217 
 
 Fruits to be sold by Imshel 
 
 or 
 
 
 aliquot parts 
 
 . ..29 
 
 007 
 
 Games, of boys 1 21(5 
 
 collecting crowds by — fidglit- 
 
 ening horses, etc 2 2)14 
 
 in dram shops 7 20.7 
 
 on Sunday 2 258 
 
 Gaming, keeping instruments fori 219 
 
 kee[)ing room for 2 219 
 
 engaging in 3 219 
 
 police to give notice of, and 
 
 arrest for 4 219 
 
 having in ])ossession imi)h‘- 
 
 ments 5 220 
 
 inmates of houses (5 220 
 
 destruction of instruments 7 220 
 
 forcible entry of premises 4 220 
 
 Gamblers, when vagrants 3 2(51 
 
 implements of 3 1.58 
 
 Gas and telegrajih, injuring 
 
 lani])s, posts, win*s, etc 1 220 
 
 Garbage, collection of, regula- 
 tions for !M9, 250 
 
 Galleries, in public halls 7 2-12 
 
 Gift enterprise 3(5 228 
 
 Graves, depth of graves, etc, 10 201 
 
 o])ening of 11 201 
 
 (Jrocc'rs to allow Board of Health 
 
 to inspect articles 28 227 
 
 Gun, rubber, use of proliibited . .3 21(5 
 
 Gunjiowder, license for kec’ping. 1 221 
 
 amount of license '30 
 
 ■of 
 
 1,2 
 
 22\ 
 
 conc.eah*d 
 
 . . . 3 
 
 00 1 
 
 of 
 
 . ..4 
 
 221 
 
 * of (in*. . . 
 
 
 00 1 
 
 r 
 
 
 221 
 
 II 
 
 SECTION. PAGE. 
 
 Ilackmen, defined, license. ..7, 30 208 , 214 
 
 charges of 13 209 
 
 shall carry passengers, etc., 
 
 wlien requested 15 209 
 
 device of 12 209 
 
 Hawker, defined, license of.. 9, 30 208, 214 
 
 Hay (see wood and coal) 
 
 stacking in exposed jilaces 8 222 
 
 Halls, })ublic, doors of to swing 
 
 outward 2 242 
 
 fire extinguishers in 3 242 
 
 firemen in 4 )142 
 
 stairways and exits in .5 — 7 242, 243 
 
 fire esca])es on buildings 1 241 
 
 Health, Board of, members of. ..1 189 
 
 th)mmissioner of, appointment 2 189 
 
 Mayor, ex-officio ])resident of. 3 189 
 
 Gouncil to j)rescribe duties of. 4 189 
 
 power-s and duties of Com 
 
 missioners of.- .5-9, 11-12 189, 192 
 
 board of may comiiel vaccin- 
 
 nation . . . 10 191 
 
 board of to provide jiest house. 14 192 
 
 Mayor may suspend action of 
 
 Commissioner 15, 1(5 192 
 
 ap])eal to Board of 1(5 193 
 
 expenditures of Board of 17 193 
 
 Commissioner to report to 
 
 Ch)uncil 18 193 
 
 Hedges, obstructing sidewalk. . . .3 2.59 
 
 trimming of — owner's duty 3 2.59 
 
 Holidays, fireworks, etc., oii.. 2, (5 219, 222 
 
 Houses of ill-fame 13, 15, 1(5 225 
 
 Horses to be tied 23 22(5 
 
 Hose, fire, injury to 21 22(5 
 
 Hotels, stairwaj-s in 8 243 
 
 lodging room to be sui)plied 
 
 with roi)e 9 213 
 
 watchmen in 10 243 
 
 I 
 
 Ice, deahu’s in, license* for 30 214 
 
 Idlers as vagrants, §11, ]).22.5 and 2(50 
 
 Hl-fame,houses of, maintaining, 
 
 inmates of 7 13 225 
 
 a nuisance 15 225 
 
 inmates of defined 1(5 225 
 
 Immorality (see lewdness). 
 
 Impounding, and sale of ani- 
 mals..." 9-12 19(5-198 
 
 maliciously 7 19(5 
 
 Insi)ector, City, duties of 17.5, 17(5 
 
 to have charge of wood and 
 
 coalyard... 1 175 
 
 shall attend to nu'asuring and 
 
 weighing 2 175 
 
 to kee]) account and report to 
 
 Council 3 175 
 
 shall give certificates 4 175 
 
 shall test his scah*s 5 175 
 
 disqualifications of (5 17(5 
 
 bond of 4 234 
 
 salary and fees of 1 248 
 
 Inspector, of mim*ral oil, bond, 
 
 duties, (*tc 179 
 
 Injury to prop(*rty 3 221 
 
 Indec<*nt, (*xhibition of animals. 12 225 
 
 exposure of person 14 225 
 
280 
 
 I^TD EX. 
 
 X 
 
 T. 
 
 SECTION. 
 
 Indecent exhibitions, hooks, pic- 
 
 tures, plays IT 
 
 lansua,"e 18 
 
 Infectious diseases 13, 33 
 
 Indecency (see lewdness). 
 Intoxicating liquors (see dram 
 shops). 
 
 supplying to prisoners 2 
 
 supplying to minors 3 
 
 Intoxication, public 1 
 
 J 
 
 Jack, indecent exhibition of 12 
 
 Junk dealers, defined 18 
 
 license and conditions— bond. 20 
 record of purchases-how keiit 21 
 exhibition of hooks to otticers.22 
 to notify police of suspected 
 
 persons and property 23 
 
 purchases from minors, etc., 
 
 prohibited 24 
 
 ordinance not to apply to 
 
 foundries, etc 24 
 
 amount of license of 30 
 
 Justices of the Peace, to keej) 
 
 docket of cases 1 
 
 to make reports to Council — 2 
 
 to pay fines into treasury 3 
 
 fees of 1 
 
 Judges and clerks of election — 
 
 compensation J 
 
 Jurisdiction — courts 5 
 
 in estray cases 13 
 
 li: 
 
 Keeper of jirison 2 
 
 of animal liable as owner 8 
 
 L 
 
 Lamp posts, injury to 1 
 
 Lewd, behavior 14, 17, 18 
 
 dress — wearing 14 
 
 books, pictures, etc IT 
 
 exhibitions IT 
 
 or filthy acts 18 
 
 obscene or abusive language. 18 
 
 Library, Public, established 1 
 
 directors to provide rooms 2 
 
 defacing books 3 
 
 directors to make rules 4 
 
 Linwood cemetery, ordinance on 
 
 a public cemetery 1 
 
 approval of sales in 2 
 
 price of lots in .3 
 
 Clerk to recei\ e payment and 
 
 keep accounts 3,4 
 
 lots reserved for jioor and 
 
 strangers 5 
 
 sexton, duties fi, T 
 
 where graves may he dug and 
 
 by \\ liom 8 
 
 compensation of sexton 9 
 
 Licenses, general, ordinance on . . 
 
 dram shop 
 
 trades and business requiring.! 
 entertainments when exempt. 1 
 to druggists — what authorized. 2 
 
 PAGE. 
 
 192, 
 
 22.5 
 
 226 
 
 228 
 
 218 
 
 238 
 
 218 
 
 225 
 
 210 
 
 210 
 
 210 
 
 211 
 
 211 
 
 211 
 
 212 
 
 214 
 
 215 
 
 215 
 
 216 
 248 
 
 ;248 
 
 266 
 
 198 
 
 232 
 
 196 
 
 220 
 225, 226 
 225 
 225 
 
 225 
 
 226 
 226. 
 193 
 
 193 
 
 194 
 194 
 
 199, 200 
 199 
 199 
 199 
 
 199 
 
 199 
 2(K) 
 
 200 
 200 
 20T 
 204 
 
 207 
 
 208 
 208 
 
 SECTION. 
 
 Licenses, doing business with- 
 out — liability of agents 3 
 
 to firms 11 
 
 time for which ma}' be granted 29 
 
 charges for ” 30 
 
 not to be granted to immoral 
 
 person . ! 31 
 
 Clerk to keep registry of 32 
 
 transferable and assignable. .32 
 subject to ordinances — revo- 
 cation of 32 
 
 Mayor to decide applications. .2 
 revocation of, § 10, p. 206 and 32 
 Liquors, supplying prisoners 
 
 with intoxicating 2 
 
 selling intoxicating without 
 
 license 1 
 
 Lots and blocks, subdivision of.l 
 Lodging rooms 8, 9, 10 
 
 3X 
 
 Mayor to enforce laws and ordi- 
 nances, and supervise other 
 
 officers 1 
 
 salary of 1 
 
 to decide applications for li- 
 censes 2 
 
 to appoint officers 3 
 
 empowered to offer reward for 
 
 criminals 4 
 
 bond of .... ^ 4 
 
 police under supervision of.. .4 
 shall issue warrants for wit- 
 nesses 12 
 
 conservator of peace 18 
 
 Magistrates, duty of to commit 
 
 prisoners 19 
 
 police — number of 1 
 
 fees of 1 
 
 to pay over moneys received.. 3 
 
 Magazine for gunpowder 1 
 
 Minors, found in possession of 
 
 fireworks, pistols, etc 4 
 
 in dram shops and i>laces of 
 
 amusement 3 
 
 supplying liquor to 3 
 
 keepers of dram shops giving 
 
 liquor to 4 
 
 Maps and plats 1 
 
 Male and female, in ordinance. .3 
 
 Males in female attire 14 
 
 Marshal, City, bond of 4 
 
 to attend trains 6 
 
 to execute orders of Fire Com- 
 missioners 13 
 
 salary and fees of 1 
 
 chief of police 5 
 
 to keep account of police ser- 
 vice 5 
 
 to make reports to Council 5 
 
 duty to jirisoners 2 
 
 to receive prisoners — keep reg- 
 istry of 16 
 
 custodian of jiroperty 6 
 
 fees tor can* of prisoners IT 
 
 general duties 5 
 
 ^lenagerie and circus 30 
 
 Meat, sale of unwholesome 26 
 
 PAGE. 
 
 208 
 
 209 
 
 213 
 
 214 
 
 215 
 
 215 
 
 215 
 
 215 
 
 167 
 
 215 
 
 218 
 
 204 
 
 194 
 
 •213 
 
 166 
 
 217 
 
 167 
 
 167 
 
 167 
 
 233 
 
 181 
 
 165 
 
 185 
 
 185 
 
 ‘239 
 
 •248 
 
 •216 
 
 221 
 
 219 
 
 •238 
 
 2:18 
 
 205 
 
 194 
 
 •266 
 
 225 
 
 233 
 
 •210 
 
 •214 
 
 248 
 
 182 
 
 182 
 
 182 
 
 ‘232 
 
 185 
 
 182 
 
 185 
 
 182 
 
 214 
 
 227 
 
INDEX. 
 
 281 
 
 3X 
 
 SECTION. 
 
 PAGE. 
 
 Meat, inspection of by Board of 
 
 
 Health 
 
 . ... 28 
 
 ‘227 
 
 Merchandise, selling on streets 
 
 
 or sidewalks 
 
 . ... 22 
 
 2‘26 
 
 Misdemeanors, general 
 
 ordi- 
 
 
 nance on 
 
 
 ‘216 
 
 Minstrels, license for 
 
 .. ..80 
 
 ‘211 
 
 Missiles, throwing 
 
 r» 
 
 224 
 
 Milkmen to allow Board 
 
 of 
 
 
 Health to inspect milk. 
 
 ....28 
 
 227 
 
 Milk, sale of unwholesome. 
 
 . ... 26 
 
 227 
 
 inspection of by Board 
 
 of 
 
 
 Health 
 
 ...28 
 
 227 
 
 Mineral oils, ordinance on. 
 
 
 179 
 
 Mischief by bovs 
 
 1 
 
 216 
 
 Money, collected by officers 
 
 6 
 
 164 
 
 
 
 
 Neglect of duty by prison keeper . 2 
 
 ‘282 
 
 Notice to owners of animals — 
 
 
 for sale 
 
 ....12 
 
 197 
 
 Nuisances, general 
 
 
 229-281 
 
 abatement of by owner. . . 
 
 ..1,8 
 
 229, 230 
 
 nuisances defined 
 
 ..1-8 
 
 2*29-281 
 
 not specifically mentioned — 
 
 
 reference to committee.. 
 
 9 
 
 281 
 
 proceedings to abate 
 
 10, 11 
 
 ‘231 
 
 o 
 
 
 
 Obstructing officers 
 
 ....2 
 
 287' 
 
 firemen 
 
 ....8 
 
 187 
 
 Cedar Fork, etc 
 
 
 228 
 
 streets and sidewalks 
 
 
 254-257 
 
 drain or sewer 
 
 . . . . 85 
 
 228 
 
 Obscenity (see lewdness). 
 
 
 
 Obscene language 
 
 ....18 
 
 226 
 
 Officers, ordinance on 
 
 
 1()2-166 
 
 names of 
 
 1 
 
 162 
 
 duration of term of 
 
 2 
 
 168 
 
 of town 
 
 8 
 
 168 
 
 bonds of 4 168 
 
 commissions of 5 168 
 
 to pay over money collected. . .6 164 
 
 salaries of, how payable 7 164 
 
 books open to inspection 8 164 
 
 temporary absence of 9 . 164 
 
 liability of, for neglect or mal- 
 feasance 10 164 
 
 proceedings against 11-18 165, 166 
 
 suspension — removal 14-16 166 
 
 false certificates by 8 28*2 
 
 personating 1 ‘287 
 
 obstructing or resisting 2 287 
 
 refusing to assist 2 287 
 
 defaulting proceedings against 1,2 251 
 
 reports of 4 251 
 
 settlement with 5 ‘251 
 
 Officers of fire de])artment 1 186 
 
 Official bonds 1 ‘288 
 
 Oil (see mineral oils). 
 
 Order of business, of City Coun- 
 cil 158-157 
 
 of Board of Education 144, 145 
 
 Orders of officers, obeying, §5, p, 
 
 187, and 2 287 
 
 Ordinances, construction of ‘265 
 
 force and effect of rej)ealing. . . 1 265 
 
 I SECTION PAGE. 
 
 i Ordinances, rights and liability 
 
 I afterr epeal of 2 2‘26 
 
 construction as to gender, 
 
 number, person 8 ‘266 
 
 conflicting provisions, how 
 
 taken 4 266 
 
 j construction of words in 5 ‘266 
 
 construction of powers vested 
 
 hy ! 6 267 
 
 rules of construction — when 
 
 I api>lied 7 ‘267 
 
 I recovery a har to further pro- 
 
 ' ceedintrs 8 267 
 
 enrollment of — puhlication . . .9 267 
 
 ]H’eservation of original 10 267 
 
 i when take effect. . . ( 11 268 
 
 revised, how published, repeal 
 
 of conflicting 1 ‘268 
 
 revised 1 268 
 
 what constitute revised 1 268 
 
 Overcharges by officers 8 249 
 
 Owners, of animals at large S 196 
 
 of lots in cemetery 5 199 
 
 F 
 
 Pawnbrokers defined 17 210 
 
 application for license 20 210 
 
 bond 20 210 
 
 shall keep record of property 
 
 purchased or pawned ‘21 210 
 
 I record, etc., open to official iii- 
 
 I sped ion ‘22 ‘211 
 
 j to notify police of suspicious 
 
 I property, etc 28 211 
 
 I shall not take property from 
 
 i minors, etc .* ‘24 211 
 
 I amount of license 80 214 
 
 Parks, injuring trees and grass in. 6 ‘224 
 
 auction sales upon pronibited. 1 ‘286 
 
 to be crossed at usual (ilaces . . 1 286 
 
 what forbidden in 2 286 
 
 arrests in 8 286 
 
 open to public 5 286 
 
 Paupers, poormaster to' have sole 
 
 care of, etc 1,2 18u 
 
 Park Commissioners, ])owers 
 
 and duties ‘284, 285 
 
 Pest house. Board of Health to 
 
 provide 14 192 
 
 paupers to be removed to 9 191 
 
 I Peddlers, defined, license. .. 10, 80 209, 214 
 annoyance by, obstructing 
 
 sidewalks, etc ^ 87 229 
 
 Penalties, how apportioned 89 2‘29 
 
 different 8 ‘267 
 
 Peel, orange, etc., thrown on 
 
 sidewalk 8 224 
 
 O ^Tf* O VI 1 0*4*^^ 
 
 Personating an officer 
 
 .1 
 
 287 
 
 Peace and order 
 
 
 238 
 
 disturbing by loitering about 
 
 
 
 doors, etc 
 
 1 
 
 288 
 
 by figliting, disorderly con- 
 
 
 
 duct, etc 
 
 2 
 
 288 
 
 disturbances in jilaces of 
 
 
 
 amusement 
 
 
 288 
 
 encouraging flogs tf> fight 
 
 
 ‘288 
 
 Performances retiuiring license 
 
 .1 
 
 ‘207 
 
 Pbvsician, City, duties of 
 
 
 17() 
 
282 
 
 INDEX. 
 
 / 
 
 F* 
 
 SECTION. PAGE. 
 
 Physician, City, to attend paupers 1 176 
 
 to furnish medicines, etc 2 176 
 
 bond of 4 233 
 
 to report deaths 3 2<)2 
 
 to report infectious diseases.. 13 192 
 
 in case of pauper 3 180 
 
 Physicians, to report infectious 
 
 diseases 13 192 
 
 in case of paupers — compensa- 
 tion 3 180 
 
 Pistols, toy, sale of prohibited . . 3 219 
 
 minors in possession of 4 219 
 
 Pickpockets as vagrants 260 
 
 Pictures, indecent. 17 225 
 
 Plats of additions or subdivis- 
 ions of lots — scale of 1 194 
 
 must conform to streets, etc. . . 1 194 
 
 to be submitted to Council 1 194 
 
 to leave copy of with city 2 194 
 
 Pound master, bond, duties, etc.. 179 
 
 duties in impounding animals 9,13 196-198 
 
 fees 13 198 
 
 Poormaster, duties of 180 
 
 to have sole care of paupers. . . 1 180 
 
 powers of to create expense . . .2 180 
 
 to notify City Physician 3 180 
 
 salary of 1 248 
 
 Police department, ordinance on. 181-186 
 
 how constituted 1 181 
 
 Police, appointment and remo- 
 val of 2 181 
 
 appointment of special 3 181 
 
 mayor to have supervision of. 4 181 
 
 Marshal, chief of — duties 5 182 
 
 property — Marshal custodian. . 6 182 
 
 special for corporations, etc. . . 7 182 
 
 powers of — for arrests 8 183 
 
 may take recognizance, when. 9 183 
 
 rules and regulations for 10 184 
 
 violations of ordinance and 
 
 rules by 11 184 
 
 may call on citizens to assist. 12 ’ 184 
 
 conservators of peace — war- 
 rants 18 185 
 
 to give information and arrest 
 
 for gaming 4 219 
 
 salary of 1 248 
 
 to attend at depot 6 240 
 
 to enforce chapter on fire arms. 5 219 
 
 Police Magistrate, may release 
 
 on recognizance. . 13 184 
 
 to commit prisoners 19 185 
 
 number of 1 239 
 
 fees of 1 248- 
 
 Post office, lounging about 9 224 
 
 Poisons, regulations for sale of. 34 228 
 
 Porters and runners, general 
 
 regulations. 240 
 
 one for each house or vehicle . 1 240 
 
 to wear badge 2 240 
 
 to solicit passengers only on 
 
 grounds provided .* 3 240 
 
 to keep list of fares posted. . . .4 240 
 
 Posse comitatas 12 184 
 
 Pound (see animals). 
 
 Powder (see gun])owder). 
 
 Prison, city, location of 14 185 
 
 keeper of 15 185 
 
 imprisonment in 16 185 
 
 Prisoners, commitment of 16 185 
 
 may give recognizance 9 l.Sl 
 
 P 
 
 SECTION. PAGE. 
 
 Prisoners, expense of keeping . . 17 185 
 
 to work out fines 19 185 
 
 supplying with liquor 2 218 
 
 treatment of 2 212 
 
 Pro\-isions, adulteration of 3 217 
 
 Prosecutions, under dram shop 
 
 ordinance 9 206 
 
 Private drains, ordinance on 239 
 
 Proceedings for collecting fines . 8 267 
 
 Privies . . .^ 25-27 212, 213 
 
 Property, injury by trespass 259 
 
 ^Marshal custodian of police.. .6 182 
 
 Public halls, ordinance on 241 
 
 Publication of ordinances 9 2h7 
 
 12 
 
 Railroads, speed in city 1 246 
 
 obstruction by trains 1 246 
 
 frightening animals 1 246 
 
 cars to be cleansed 2 246 
 
 Rescue of prisoners 1 212 
 
 Reports of officers 4 251 
 
 Revision of ordinances 268 
 
 repeal of former ordinances by.l 268 
 
 when revksed ordinances take 
 
 effect 2 268 
 
 resolution concerning 1.59 
 
 committee on 159 
 
 Repeal of former ordinances by 
 
 revision .1 268 
 
 effect of 1 268 
 
 Recognizance, form, when 
 
 taken, return 9 183 
 
 Record of plats, first approved 
 
 b\' Council 1 194 
 
 Records of city officers — open to 
 
 inspection 8 164 
 
 Registry, of deaths 3 168 
 
 of licenses 4 168 
 
 of burials — sexton to keep 7 200 
 
 of prisoners by Marshal 16 185 
 
 of sales of poison by druggists 34 228 
 
 Religious congregations, disturb- 
 ing ^ 19 226 
 
 Ringing of bells 1 247 
 
 Riof, suppression of, powers in. 12 184 
 
 Rope, lodging rooms to be sup- 
 plied with 9 243 
 
 Rules, of Board of Education 144, 1.52 
 
 of City Council 1.53, 1.57 
 
 for construction of ordinances 265 
 
 Rubber gun, shooting with pro- 
 hibited 3 216 
 
 Rubbish, setting lire to 8 222 
 
 in streets, etc 4 224 
 
 Runners and porters (see port- 
 ers). 
 
 Rubbish in streets and alleys, § 
 
 7, p . 2-50 and 10 2.56 
 
 s 
 
 Sabbath (see Sunday). 
 
 Saloons isee dram shops). 
 
 closed on Sundays 1 2.57 
 
 Sales, by chance . . ! 36 228 
 
 by false weights and meas- 
 ures .“. 1,2 217 
 
 of adulterated articles 3, 4 217 
 
INDEX. 
 
 283 
 
 SECTION. PAGE. 
 
 Sales, of impounded animals.. 12 197 
 
 without license 1 207 
 
 Salaries and fees, ordinance on.. 247 
 
 restrictive provisions 2, 3 248 
 
 Mayor, Aldermen, City Clerk, 
 CityTreasurer, Assessor, City 
 Attorney,City Engineer, City 
 Marshal, Overseer of Poor, 
 
 Police Magistrate, Justices 
 of Peace, Superintendent of 
 Streets, Policemen, Judges 
 and Clerks of Election, Com- 
 missioner of Health, Sealer 
 of Weights and Measures, 
 
 Inspector, Chief Engineer. .'.1 247 
 
 of day scavenger 5 250 ^ 
 
 School building, doors of, fire 
 
 extinguishers in 2, 3 242 
 
 Scales (see wood and coal). 
 
 Scaffolds, when a nuisance 8 231 
 
 Scavengers, night,defined condi- 
 tions of license, bond 25 212 
 
 duties of — regulations 26 212 
 
 owners may clean vaults — per- 
 mission 27 213 
 
 fees of, § 5, p. 2.50, and 28 213 
 
 day scavenger, districts, ap- 
 pointment of, duties of 1-4 249 
 
 Sureties on otticial bonds 4 163 
 
 notice to sureties of defaulting 
 
 officer 2 251 
 
 Suspension of officer 14 166 
 
 salary of suspended officer ... 14 166 
 
 Settlements of officers 251 
 
 Seal of city, authentication 1 257 
 
 Sewers, obstructing fiow of 
 
 water in 5 224 
 
 connection with 1, 2, 3 239 
 
 plans of 239 
 
 Sealer of Weights and Measures, 
 
 duties of 177, 178 
 
 appointment of 1 177 
 
 bond of 2 177 
 
 to keep an office — give certifi- 
 cates 3 177 
 
 to test weights 4 177 
 
 may condemn weights 5 178 
 
 fees of 6 178 
 
 penalty for obstructing 7 178 
 
 salary of 1 248 
 
 Sexton (see cemetery). 
 
 Second hand stores, keepers of 
 
 defined.... 19 210 
 
 license — conditions — bond 20 210 
 
 record of purchases — how 
 
 kept 21 210 
 
 books exhibited to officers 22 211 
 
 keepers to report to police sus- 
 pected persons and property 23 211 
 
 purchases from minors, etc'., 
 
 prohibited 24 211 
 
 amount of license for 30 214 
 
 Shows, license for 1, 30 207, 214 
 
 Shade trees (see trees). 
 
 Signs and awnings, ordinance 
 
 on 252 
 
 manner of constructing 1 252 
 
 dangerous and insecure 2 252 
 
 declared a nuisance removal.. 3 252 
 
 suspended across walk 4 2.52 
 
 notice to remove 5 253 
 
 SECTION. 
 
 Sidewalks (see streets and side- 
 walks). 
 
 injury to 3 
 
 orange peel, etc., thrown on. ..8 
 obstructing by loitering, etc.. .9 
 
 selling merchandise on 22 
 
 obstruction of by builders, etc.l 
 by excavations, merchandise, 
 
 etc 2, 4, 5, 7 
 
 openings, in 2, 3 
 
 riding or driving upon 9 
 
 escape of water upon 12 
 
 Signs, injury to 3 
 
 Slungshot (see vagrancy). 
 Slaughter houses to be kept 
 
 clean 27 
 
 Soda fountains, keepers of, li- 
 cense for 30 
 
 Special assessments 1 
 
 police I P- 1’* 
 
 Speed of railroad trains in city..l 
 Sparrow, English, killing of not 
 
 prohibited ^ 4 
 
 Stoves 9, 10 
 
 Stock yards — when nuisances 7 
 
 Streets and sidewalks, ordinance 
 
 on 
 
 obstruction of by builder or 
 
 contractor 1 
 
 permit to builder 1 
 
 obstruction by excavations, 
 etc ; 2, 4, 5, 
 
 by fences, etc 
 
 obstruction by teams, etc. 
 
 water fallinj 
 
 Stone, casting into street, etc.. 
 
 Streets, 
 
 of. 
 
 PAGE. 
 
 224 
 
 224 
 
 224 
 
 226 
 
 254 
 
 254, 255 
 2.54 
 256 
 2.57 
 224 
 
 227 
 
 214 
 
 253 
 
 182 
 
 246 
 
 216 
 
 188 
 
 230 
 
 2.54-2.57 
 
 2.54 
 
 2.54 
 
 6 254, 255 
 
 Stairways, in public halls, etc. .5-8 
 Surveyor (see Engineer). 
 
 Sunday, suspension of business 
 
 on — exception 1 
 
 amusements on 2 
 
 rights of conscience concern- 
 ing 2 
 
 Superintendent of Streets — Gu- 
 
 ties of 
 
 to sujierintend improvements.! 
 
 may procure materials 2 
 
 shall keej) account of material. 3 
 to keep account of expendi- 
 tures 4 
 
 to rejjort to Council 5 
 
 to keep sidewalks in repair. . . .6 
 
 .3 
 
 2.54 
 
 
 255 
 
 r* 
 
 . i 
 
 255 
 
 .8 
 
 2.56 
 
 .9 
 
 256 
 
 10 
 
 256 
 
 10 
 
 256 
 
 11 
 
 257 
 
 12 
 
 2.57 
 
 13 
 
 257 
 
 ..1 
 
 194 
 
 11 
 
 257 
 
 ..9 
 
 256 
 
 .8 
 
 196 
 
 13 
 
 257 
 
 .8 
 
 222 
 
 .7 
 
 224 
 
 11 
 
 257 
 
 10 
 
 225 
 
 21 
 
 226 
 
 22 
 
 226 
 
 L 
 
 12 - 
 
 225 
 
 242, 243 
 
 2.57 
 
 258 
 
 258 
 
 173, 174 
 173 
 
 173 
 
 174 
 
 174 
 
 174 
 
 174 
 
284 
 
 INDEX. 
 
 SECTION. PAGE. 
 
 Sifrns and awnings, shall enforce 
 
 ordinances T 114 
 
 to give permit for removal of 
 
 soil from streets 10 
 
 bond of 4 233 
 
 salary of 1 ~4« 
 
 Superintendent of Street Light- 
 ing — duties 116, 111 
 
 to sifperintend lamp lighting, 
 
 etc 1 116 
 
 may employ assistants 2 111 
 
 bond of 4 223 
 
 Swindlers (see cheats and swin- 
 dlers). 
 
 Subdivision of lots and block.. 1, 2 194 
 
 T 
 
 Teams to be tied 
 
 23 
 
 226 
 
 obstructing street with 
 
 9 
 
 256 
 
 frightening teams 
 
 .1 
 
 246 
 
 loaded with wood and coal . . . 
 
 . i 
 
 265 
 
 Telephone, injurv to 
 
 .1 
 
 220 
 
 Telegraph, injurv to 
 
 .1 
 
 220 
 
 Theatres, license for 
 
 3U 
 
 214 
 
 doors in — fire extinguishers . 2, 
 
 . 3 
 
 242 
 
 firemen in 
 
 .4 
 
 242 
 
 stairwavs and exits in 5-1 
 
 242, 243 
 
 Toy pistols, sale of prohibited. . 
 
 .3 
 
 219 
 
 minors in possession of 
 
 .4 
 
 219 
 
 Tools, burglars 
 
 .3 
 
 261 
 
 Treasurer, Citv, duties of 
 
 
 111 
 
 to keep accounts of receipts 
 
 and expenditures 
 
 .1 
 
 111 
 
 to report to Council 
 
 \> 
 
 111 
 
 to keep account with Magis- 
 
 trates 
 
 .3 
 
 111 
 
 to collect bills 
 
 .4 
 
 111 
 
 bond of 
 
 .4 
 
 2:33 
 
 salarv of 
 
 .1 
 
 241 
 
 Trees and hedges, ordinance on 
 
 
 2.58 
 
 Trees, injuring 
 
 how planted 
 
 .6 
 
 224 
 
 .1 
 
 2.58 
 
 to be kept trimmed 
 
 .2 
 
 258 
 
 Treatment of prisoners 
 
 .2 
 
 232 
 
 Trespass, injurv to projierty by 
 
 .1 
 
 259 
 
 posting bills 
 
 .2 
 
 259 
 
 Trial of officers 11, 13 
 
 165, 166 
 
 X7 
 
 Unwholesome food, sale of . . . : 
 
 26 
 
 221 
 
 Y 
 
 Vaults, in cemeteries 
 
 10 
 
 201 
 
 privy, contents not to run into 
 
 street, etc 2.5 226 
 
 contents to be removed before 
 
 tilling 25 226 
 
 distance from well or dwelling.l 241 
 
 penalty for 2 241 
 
 Vasrrancy, general regulations 
 
 on...... 260 
 
 Vagrants, idle person detined as. 11 225 
 
 who are 1 260 
 
 arrest of 2 261 
 
 to work out tines 2 261 
 
 gamblers as 3 261 
 
 destruction of gambling im- 
 plements 3 261 
 
 V 
 
 ! SECTION. PAGE. 
 
 I Vacancy in offices 9, 11, 14 164, 166 
 
 I Vegetables.sale of unwholesome 26 221 
 
 I to be sold by bushel or aliquot 
 
 parts 29 221 
 
 Velocipede on sidewalk prohib- 
 ited 2 216 
 
 V'iew, obstruction of in dram 
 
 shops 8 205 
 
 I Wards, boundaries of 161 
 
 First Ward 1 161 
 
 Second Ward 2 161 
 
 Third Ward 3 161 
 
 Fourth Ward 4 162 
 
 I Fifth Ward 5 162 
 
 Sixth Ward 6 162 
 
 Seventh Ward 1 162 
 
 Water, obstructing flow of 5 2 '4 
 
 throwing into streets 21 £ ,d 
 
 stagnant a nuisance 4 230 
 
 Water pipes, obstructing 5 224 
 
 ! Watchmen in hotels 10 243 
 
 I Waste paper and rubbish in 
 
 ! streets 10 256 
 
 I Warrants, for payment of money 
 
 I how drawn 6 168 
 
 payable to claimant or order . .6 168 
 
 for arrests of offenders 8 183 
 
 on treasury, bj’ Park Commis- 
 sioners.. .. .*. 5 235 
 
 Warrants for attendance of wit- 
 
 I nesses 12 165 
 
 1 Weights and measures, false 1 211 
 
 i certificates of, altering or 
 
 i fraudulently using. . .7 .2 211 
 
 ' Weighing, wood, coal7 etc 1 264 
 
 ! Weecls and grass in front of 
 
 . premises 10 2.56 
 
 I Worship, place of — disturbing 
 
 I assembly 19 226 
 
 ; Wooden buildings, ordinance on. 262 
 
 I when a nuisance 5 230 
 
 ! erection within fire limits for- 
 
 , bidden 1 262 
 
 i what constitutes 2 262 
 
 ! damage by fire to 3 262 
 
 i extent of damage, how found. 4 262 
 
 : violation of ordinance, penalty 5 263 
 
 duty of Mayor and Marshal. . .'.6 263 
 
 when a nuisance 5, 6 2:30 
 
 Wood and coal, ordinance on 264 
 
 location of yard 1 264 
 
 Inspector— duties 1,2 264 
 
 I shape of wood rack 3 264 
 
 selling without certificate 4 264 
 
 fraud in selling 5 264 
 
 exceptions 6 265 
 
 loaded teams to stand at yard.. 1 265 
 
 ! Words, as used in ordinances. 3, 5 266 
 
 I singular and plural, males and 
 
 ! females 3 266 
 
 I person or persons, corpora- 
 ! tion, court, etc 3, 5 266 
 
 I 
 
 Y 
 
 I Yard, city wood and coal 1 264