ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPA1GN PRODUCTION NOTE University of Illinois at Urbana-Champaign Library Brittle Books Project, 2012.COPYRIGHT NOTIFICATION In Public Domain. Published prior to 1923. This digital copy was made from the printed version held by the University of Illinois at Urbana-Champaign. It was made in compliance with copyright law. Prepared for the Brittle Books Project, Main Library, University of Illinois at Urbana-Champaign by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2012MUNICIPAL CODE OF THE VILLAGE OF HYDE PARK, TOGETHER WITH GENERAL LAWS AFFECTING MUNICIPAL CORPORATIONS; CHARTERS AND SPECIAL ORDINANCES, GRANTING CERTAIN PRIVILEGES IN THE VILLAGE. Adopted BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HYDE PARK AND APPROVED BY SAID PRESIDENT March 28, A. D. 1887. PRINTED AND PUBLISHED BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HYDE PARK. Revised and Codified BY IIENRY V. FREEMAN, Village Attorney. IIYDE PARK, ILLINOIS: 1887.¿p OEDINANCE % jii sc % JV . 18_, at___' o’clock.. M., to answer the complaint of the Village of Hycie Park, for a failure to pay the said village a certain demand not exceeding two hundred dollars; and hereof make due return as the law directs. Given under my hand this....day of............, A. D. 18__ .............P. M. or J. P. • 7* § 7. Whenever any person shall make complaint in wafting, verified by affidavit, to any police magistrate, or justice of the peace, as aforesaid, having his office in said village, and shall state in said complaint that any ordinance of said village has been violated, and that he, the complainant, has reasonable grounds to believe that the person charged in such complaint with such violation is guilty thereof, said magistrate or justice may issue, in the first instance, a'warrant for the arrest of tlmperson so charged. 8. § 8. War rants may be in the following form:VILLAGE OF HYDE PARK. 3 State of Illinois, } County op Cook, v ss. Village op Hyde Park, ) The People of the State of Illinois, to any captain or sergeant of police, or policeman or special policeman or constable of the village of Hyde Park, or any constable of' said county, Greeting: You are hereby commanded to take the body of A B, and bring him forthwith before me, at my office in said village, to answer the complaint of the village of Hyde Park for a failure to pay said village a certain demand not exceeding two hundred dollars ; and hereof make due return as the law directs. Given under my hand this..........day of.....A. D. 18-- ............P.M. or J. P. Sh § 9. Whenever any person shall be arrested on view without process, and shall be taken before any court, the magistrate or justice shall note upon his docket the cause of such arrest, as stated by the officer making the arrest, and proceed to hear and determine the cause in the same manner as if the defendant had been arrested by warrant. 10# § 10. The captain of police, sergeants of police, special and other police officers, are hereby severally authorized to arrest, on view, with or without process, any person who may break the peace or violate any ordinance of said village, and to take such person before the magistrate, or any justice whose office is located in said village, without unnecessary delay. 31. § 11. In case such arrest is in the night, or on Sun- day, the person arresting may detain the person arrested in custody over night, or over Sunday, in the village calaboose, or any safe place, until such person can be brought before said magistrate or justice for trial, without unnecessary delay. 12. § 12. In all cases of arrest in which detention in custody of the person so arrested shall be authorized, it shall be the duty of the keeper of the village calaboose, or keeper of other place of confinement, provided for violators of said ordinances, to receive, and he is hereby authorized and empowered to receive from any officer legally empowered to make arrests, any such person, and to safely keep him until he can be safely brought before the proper court and be tried for such offense. 13. § 13. If for any cause a continuance is granted a defendant under arrest, he may give special bail for his ap-4 ORDINANCES OF THE pearance before the court by indorsing the same upon the back of the warrant in the following form, to wit: I, C D, acknowledge myself special bail for the within named A B. Witness my hand this.........day of.........A. D. 18__ Approved. C D. Which indorsement shall be signed by one or more sureties, to be approved by the court to whom the writ is returnable or before whom the suit is pending. 14. § 14. In place of special bail, personal property and choses in action, of sufficient value to satisfy the probaWe judgment and costs, may, in the discretion of the court, be taken. In such case the following shall be indorsed upon the back of the warrant: I, A B, pledge the following property....................for my appearance before C D, Esq., J. P., or P. M., on the.day of...... A. D. 18....at.....o’clock.....M. on said day. Witness my hand this....day of..........A. D. 18..... Approved. A B. 15. § 15. Upon the trial of any cause in which special bail shall have been given, if the defendant shall be found guilty, judgment shall be rendered against both principal and surety (in the special bail) for the amount of the fine assessed by the court or jury, and all costs that may have accrued. In case personal property or choses in action were given in lieu of special bail, and judgment is rendered against the defendant, execution shall issue, and said property be sold under it. Exemption rights shall be waived by making such pledge of said property or choses in action. When arrests are made at night, or on Sunday, the captain and sergeants of police may take special bail, in form provided by this chapter. 16. § 16. The manner of conducting trials, granting continuances and changes of venue, subpoenaing witnesses, summoning and impaneling juries, and taking appeals, shall be the same as in civil cases before justices of the peace. 17. § 17. In all cases of trial for violation of any ordinance, either party may have the cause tried by a jury, if he shall so demand before the trial is entered upon, and will first pay the fees of the jurors. The number of jurors shall be six.VILLAGE OF HYDE PARK. 5 or any greater number, not exceeding twelve, as either party may desire. 18. § 18. Officers making arrests shall attend as wit- nesses before the court where the trial may be had, and shall procure all necessary evidence in their power, and furnish a list of witnesses to the court; and no village officer shall be entitled to any witness fee to be taxed against the village in any action for a violation of any ordinance where the village is plaintiff. JSTo costs of any kind shall be taxed against or collected of the village, when said village is plaintiff in any suit brought for the violation of any ordinance; but the court may, in its discretion, tax and give judgment for such costs against the prosecuting witness. 1». § 19. In every case where the trial for the breach of any ordinance shall be by jury, the court shall record the verdict. The amount of the fine, penalty, forfeiture, imprisonment or punishment, the limits of which are provided by any ordinance, shall be found by the jury, if they find the defendant guilty, and the court shall render judgment on such finding and for costs of suit. If the verdict shall be “ not guilty,” and the defendant is in custody, he shall be discharged. 20. § 20. Commitment of any person, as provided in this chapter, shall be by process, under the hand of the court which shall have made the order for such commitment. 21. § 21. In all cases where any person, convicted of a breach of any of said ordinances, shall fail, neglect or refuse forthwith to pay any fine or penalty and costs which may be adjudged against him, it shall be competent and lawful for the court before whom such conviction is had, to order that such person, so convicted as aforesaid, shall be committed to the jail of Cook county, the village calaboose, or other place provided by said village for the incarceration of offenders in such cases, there to remain until such fine, penalty and cost shall be fully paid, or otherwise legally discharged. Provided, that no such imprisonment shall exceed six months for any one offense. In all cases where any person is so committed to the village calaboose, he or she shall be required to work at such labor as6 ORDINANCES OF THE his or her strength will permit, at any place within the village, not exceeding ten hours each working day, and for such work the'person so employed to be allowed, exclusive of his or her board, fifty cents for each day’s work on account of such fine and costs. S3. § 22. No officer, judicial or ministerial, shall, with- out direction of the President of the Board of Trustees, commute, release, remit, suspend, or diminish any judgment or fine rendered or imposed for violation of any ordinance, nor shall give time for the payment of any such judgment or fine; but the officer rendering such judgment shall, unless the same be paid immediately upon the rendition of the same, issue the proper process for the collection of such judgment, or for the committal of the person against whom the same was rendered, 33. § 23. All prosecutions for the violation of any ordinance, or for any fine or forfeiture under the same, shall be commenced within two years from the time of committing the offense or incurring the fine or forfeiture. No period during which the party charged was not publicly resident within the state of Illinois shall he included within the time of limitation. When the proceedings upon any warrant or process for the violation of any village ordinance are reversed on appeal, or writ of error, or quashed, set aside or dismissed without a trial on the merits, the time during such pendency of said proceedings shall not be reckoned within the time limited by this section so as to bar a new proceeding for the same offense. 34. § 24. Every person convicted of a violation of any provision, clause or section of this ordinance, or any ordinance of the Tillage of Hyde Park, shall be fined not to exceed two hundred dollars for each offense.VILLAGE OF HYDE PARK. 7 CHAPTER II. ANIMALS RUNNING AT LARGE. 1. Where prohibited. 2. Penalty. 3. Herding. 4. Pounds. 5. Pound-keeper. 6 and 7. impound animals. 8. Complaint. 9. Summons. 10. Unknown owner. 11. Trial. 13. Notices. 14 and 15. Pees. 16, 17 and 18. Redemption. 19. Who may not purchase. 20. Not to hinder impounding. 21. Pound-keeper’s report. 22. Surplus after sale paid to owner. 23. Pound-keeper’s police powers. 24. Wrongful impounding. 25. Penalty. 12. Execution. 25. Section 1. The running at large of horses, cattle, swine, sheep, goats and geese, within that part of the Village of Hyde Park lying north of the south line of 67th street, and in the territory lying between 67th street on the north, Stoney Island avenue on the east, 87th street on the south, and Cottage Grove avenue on the west, and in the territory lying within the following described boundaries : north by 87th street, west by Aslikum avenue and Hoxie avenue, south by 110th street and east by the Calumet River and Lake Michigan, is hereby prohibited. 26. § 2. No owner of any such animal shall permit the same to run at large contrary to the provisions of section one of this chapter, under a penalty of two dollars for every animal named in said section one, so permitted to run at large. 27. § 3. The herding of any animals, mentioned in sec-tion one of this chajrter, upon uninclosed lands, without the consent of the owner or person having control of said lands, shall be deemed a running at large under this chapter. 28. § 4. The Board of Trustees may, by resolution, establish as many pounds as they may deem proper, each pound to be placed in the charge of a pound-keeper. 29. § 5. The Board of Trustees may appoint pound-keepers for such pounds, or appoint a policeman to do the duties of a pound-keeper for such time as they may see lit, and such appointments shall he revocable at pleasure.8 ORDINANCES OF THE 80. § 6. It shall be the duty of the pound-keeper, and of any policeman, to take up and impound any animal known to him to be running at large contrary to the provision of section one of this chapter. 81. §7. It shall be law'ful for any person, over the age of eighteen years, to take up any animal running at large contrary to the provision of section one of this chapter, and to take the same to any pound in said Village of Hyde Park; and for so doing he shall receive from the treasurer of said village, when collected, an impounding fee for each animal so taken up and impounded by him; and it shall be the duty of the pound-keeper to enter upon his books forthwith the name and residence of the person so taking any such animal to the pound, as provided in section thirteen. 82. § 8. It shall be the duty of the pound-keeper to receive into the pound all animals brought there in pursuance of the provisions of sections six and seven of this chapter; to provide proper sustenance for all animals impounded; and if such animals are not redeemed within three days after the same are impounded, to make complaint, before the police magistrate or any justice of the peace having his office in the Village of Hyde Park, against the owner of such animal, for a violation of section two of this chapter ; which complaint shall contain a description of such animal and when and where impounded. 88. § 9. Upon filing the complaint provided for in the last section, if the name of the owner is given therein, then the magistrate or justice shall issue a summons, as, in case of proceedings for the collection of fines for the violation of other ordinances; and if judgment be given against such owner, said justice shall order a sale of such animal to satisfy the judgment, costs of suit and expenses of impounding and sustenance. 34. § 10. When the owner of any animal impounded shall be unknowm, it shall be the duty of the pound-keeper to make complaint, as provided in section eight, against the unknown owner of said animal, describing the animal; and thereupon the officer before whom said complaint shall be made shall issue a notice in substance as follows, to wit:VILLAGE OF HYDE PAIiK. 9 POUND NOTICE. Whereas, Complaint, has been made before me, this day, that the unknown owner of the following described animals, to wit:..............Impounded at......................................................on the.day of.A. D. 18.., has permitted the same to run at large, contrary to the-ordinances of the Village of Hyde Park, Now, therefore, notice is hereby given that a (rial will be had upon the said complaint, at my office in the village of Hyde Park, on the_day of.........,A. D. 18.., at the hour of.....M., when and where the un- known owner may appear and defend, if he sees fit so to do. Witness my hand this.....day of........... A. D. 18_ .......................J. P. or P. M. The day named in said notice for trial shall not be less than five nor more than fifteen days from the time of issuing the notice; and it shall be the duty of the pound-keeper, upon making the complaint, forthwith to post three copies of said notice: one at the pound where the animal is impounded, one at the office of the justice or police magistrate issuing the same, and one at the door of the village hall, and to return said notice with the time and manner of said posting. 35. § 11. The justice or police magistrate issuing said notice shall enter the cause upon his docket as follows, to wit: “The Tillage of Hyde Park vs. the Unknown Owner of 55 (here specify the animals), and upon the return of the notice prescribed in the last section like proceedings shall be had as in the case of personal service or appearance; except in all cases of unknown owners the trial shall be a jury trial. 38. § 12. Upon the rendition of any judgment, as pro- vided in this chapter, the justice of the peace or police magistrate rendering the same, shall issue to the pound-keeper an order, which shall be in the following form, as nearly as may be: The People of the State of Illinois to............Pound-Keeper. We Command You, That of the following described goods and chattels, to wit.........................the property of..........................you make the sum of........................dollars and.......cents debt, and...................dollars and...............cents costs, which the Village of Hyde Park lately recovered before me, against the said.. ............. and hereof make due return. Given under my hand this..........day of..........A. D. 18____ ...................J. P. orP. M. 37. § IB. Upon the receipt of such order the pound- keeper shall immediately post three notices, in like places as provided in section ten of this chapter, in substance as follows:10 OKDINANCES OF THE POUND NOTICE. Taken up and impounded in the village pound of the Village of Hyde Park, situated at number......................street, the following described animals.............................................. which, unless redeemed, will be sold at public auction, for costs, to the highest bidder, at said pound, at the hour of......o'clock___M. on the..........day of................A. D. 18__ ...........•......... Pound-Keeper. The day of sale mentioned in said notice shall be the third day after posting the same, exclusive of Sundays, holidays and election days; and if said animal is not redeemed, the pound-keeper shall sell the same in accordance with said notice. It shall be the duty of the pound-keeper to return such order within twenty days after" its date, to the officer issuing the same, with an indorsement showing when and how the same was executed. 38. § 14. The pound-keeper shall be entitled to the sum of fifty cents for each horse, head of cattle and swine, and twenty-five cents for each sheep, goat or goose impounded ; and he shall be entitled to receive, for providing sustenance for each day or part of day the same may be impounded, the following sums, to wit: fifty cents for each horse and head of cattle; twenty-five cents for each swune, sheep, goat and goose; and he shall be entitled to one half of all penalties received for all animals taken up and impounded. 39. § 15. The police magistrate or justice shall, after deducting his fees in the case from any money he may receive from the sale of any impounded animal, pay to the pound-keeper of the pound wherein the same was impounded, the amount he may be entitled to receive under the provisions of section fourteen of this chapter, and the balance, if any, he shall pay to the treasurer of the Tillage of Hyde Park within ten days after the receipt thereof. 40. § 16. At any time before judgment, the owner of any impounded animal may redeem the same by paying to the pound-keeper of the pound in which the same is impounded, such sums as he may be entitled to receive for fees and sustenance under the provisions of section fourteen of this chapter. Provided^ that nothing in this section shall authorize theTILLAGE OF HYDE PAKK. 11 pound-keeper to demand any part of the penalty provided foi in section two of this chapter. 41. § 17. At any time after judgment, and before the sale thereof, the owner of any impounded animal may redeem the same by paying to the police magistrate or justice by whom the judgment was rendered, the amount of the judgments and costs, including the amount the pound-keeper maybe entitled to receive under the provisions of section fourteen of this chapter; and the money so paid to the justice shall be by him disposed of as is provided in section fifteen of this chapter. 43. § 18. When any animal shall have been redeemed before judgment* rendered against the owner, such owner shall be liable to the penalty provided in .section two of this chapter, to be collected as other penalties for violation of ordinances. 43. § 19. No person shall purchase, or be interested, directly or indirectly, in the purchase of any animal taken up, impounded or sold by him. 44. § 20. No person shall hinder, delay or obstruct any person engaged in taking to any pound in said village any animal liable to be impounded. 45. § 21. Each pound-keeper shall render to the Board of Trustees, whenever called upon by said board so to do, and at the last meeting of said board during each fiscal year, a full statement, under oath, of all animals by him received into his pound, and of those redeemed by the owners; he shall also keep a record in which he shall enter, from time to time as they occur, all the matters required to be shown in such statement, and upon which he shall take the receipt of the owners for animals redeemed. 46. § 22. When the surplus proceeds of the sale of any animal, as mentioned in section fifteen of this chapter, shall have been paid to the treasurer, the owmer of such animal, upon satisfactory evidence of his right thereto being presented to the Board of Trustees, may have a warrant on the treasurer for such surplus. 47. § 23. Bound-keepers shall possess and exercise the powders and duties of policemen for the preservation of the12 OEDINANCES OF THE public peace, the property of tbe village, and all animals impounded. 48, § 24. No person shall take up, drive or carry to any pound, any animal not legally liable to be impounded. 49. § 25. Any person violating any clause, section or provision of this chapter, shall be fined in a sum not exceeding twenty-five dollars. CHAPTER III. ATTORNEY. 1. Duty in suits. ^ ^ 4. Attend meeting of board—An- 2. Give written opinions. nual report. 3. Keep docket. 50. Section 1. It shall be the duty of the village attorney to give the necessary attention to all suits in every court of record in which the Tillage of Hyde Park is a party or directly interested. He shall appear as the attorney in behalf of any officer of the village in any suit, prosecution or other judicial proceedings brought by or against such officer in his official character, and, as the case may require, shall prosecute or defend to the termination thereof. He shall be the head of the law and special assessment department. 51. § 2. He shall give his legal opinions, in writing, to the Board of Trustees or any member thereof, when requested, on legal questions arising under or concerning the charter or any ordinance of the village, and on legal questions and subjects in which the village shall be legally interested. 52. § 3. He shall keep in proper books, provided for the purpose, a docket of all suits prosecuted or defended by him, in which shall be briefly entered all steps taken in each cause. 53. § 4. He shall attend the meetings of the Board of Trustees when required, and on or before its first meeting in April, of each year, make a report in writing to said board, duly verified by his oath if required, of all suits, prosecutions or actions prosecuted or defended by him during the precedingVILLAGE OF HYDE PAKK. 13 year, of the names of the parties thereto, of the title of the courts in which they were commenced, of their progress or final disposition, and other information concerning the Jegal interests of the village which he may deem necessary or proper. CHAPTER IV. BONDS. 1. Ordinance for Issuing $500,000 in I 2. Ordinance for issuing $10,000 in bonds, March 15, 1875. | bonds, January 11, 1876. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: 54. Section 1. That in order to provide for the pay-merit of the present and future liabilities of said village, interest-bearing coupon bonds, to the aggregate amount of five hundred thousand (500,000) dollars, be issued by the Village of Hyde Park; said bonds to be made of the principal sum of one thousand (1,000) dollars, payable on the first day of Januarv, A. D. one thousand eight hundred and ninety-five (1895); to be numbered consecutively, one to five hundred (500) inclusive; to bear interest at the rate of seven (7) per cent, per annum, from the first day of April, A. D. one thousand eight hundred and seventy-five (1875); the interest to be payable on. the first days of July and January of each year, upon the presentation and surrender of the proper interest coupon; the interest being evidenced by forty (40) coupons attached to each of said bonds, numbered consecutively, each coupon to bear the number of the bond to which it is attached; the first, or No. 1 coupoiPon each bond, to be for the sum of seventeen dollars and fifty cents ($17.50), and each of the remaining coupons to be for the sum of thirty-five (35) dollars; the first, or No. 1 coupon on each bond, to be payable on the first day of July, A. D. one thousand eight hundred and seventy-five (1875); the next, or No. 2 coupon, to be payable on the firstORDINANCES OF THE u day of January, A. D. one thousand eight hundred and seventy-six , (1876); and so on, each succeeding coupon being payable six months after the preceding one; both principal and interest to be payable at the American Exchange National Bank, in the city of New York ; said bonds to be signed by the President of the Board of Trustees, countersigned by the Village Clerk, and attested by the corporate seal of said village ; the coupons to be signed by said President of said Board of Trustees, and countersigned by the Village Clerk. 55. § 2. That said bonds shall be sold at such times and at such rates as the President and Board of Trustees of said village may determine for the best interests of said village, and the proceeds of the same shall be applied in payment of the present and future obligations of said village. 5©. § 3. That an annual tax, sufficient to pay the inter- est upon said bonds, as the interest shall become due and payable thereon according to the terms thereof, and sufficient also to provide an adequate sinking fund for the final payment of the principal sum of said bonds herein provided for, on the first day of January, A. D. one thousand eight hundred and ninety-five (1895), to wit: the sum of $59,562.50 (fifty-nine thousand five hundred and sixty-two dollars and fifty cents), is hereby and shall be assessed annually hereafter, on the taxable property of the Village of Hyde Park, and included in the annual ordinance passed by the President and Board of Trustees of said village, termed the annual appropriation bill, and certified to the County Clerk, to be extended on the proper collection warrant according to law. 57. § 4. That said bonds may be registered at the American Exchange National Bank in the city of New York, and bonds so registered shall be transferred only by the indorsement of the person or persons in whose names such bonds may be registered, or his, her or their administrators, executors or assigns. 58. § 5. It shall be the duty of the President and Board of Trustees of said village, to invest the money belonging to said sinking fund, in this ordinance provided for, in interest-bearing bonds of the United States, or of the State of Illinois,VILLAGE OF HYDE PAI E. 15 or to use the same for the purchase and retirement of bonds herein provided for, and said money shall be used in no other manner whatever. Whenever any of the bonds herein provided shall have been purchased as provided, said bonds so purchased shall be canceled, and the same reported to the Board of Trustees of said village. 59. § 6. That the credit of the Tillage of Hyde Park and its revenues be, and the same are, irrevocably pledged to the payment of any and all of said bonds in this ordinance provided for, and the interest thereon. Passed and approved March 15, 1875. 60. [§ 2. An ordinance passed and approved January 11, 1876, provides for the issue of $10,000 in bonds, payable January 1, 1896, interest seven per cent, per annum, payable semi-annually. (Its language is like the preceding ordinance.) Said bonds were issued to pay for the village hall and lot.] PURCHASE OF BONDS AND PAYMENT OF INTEREST. 1. Application of money. I 3. Tax to pay interest. 2. Investment in other bonds. | 4. Repealing clause. ©1. Section 1. Ho moneys shall hereafter be borrowed and placed to the credit of any other fund, or otherwise used by the village, from moneys in the treasury belonging to the Interest and Sinking Fund of the village, nor from any moneys coming to the treasury and belonging to the Water Pipe Special Assessment Fund, and derived from special assessments for cast-iron water pipe under ordinance passed prior to 1877; but all such moneys coming to said Interest and Sinking Fund and Water Pipe Special Assessment Fund, shall, from time to time, as the same shall accumulate in the treasury, be wholly applied on the payment of interest, or the purchase and retirement of the bonds of the village heretofore issued, until the bonded debt of the village is wholly paid. Provided, the said bonds can be purchased at par and accrued interest. ©a. § 2. In case the bonds of the Village of Hyde Park can not be purchased at par and accrued interest, in accordance with section one of this ordinance, the said fund shall be invested in other bonds of known validity and desirability upon the best terms possible, and said bonds so purchased, and the interest16 ORDINANCES OF THE accumulating tliereon, shall be safely kept and held in the sinking fund (without being used in any way whatever) for the payment of the said bonds of the village as they mature, or for the purchase of said bonds. Provided, that the board may authorize the purchase of said village bonds at a price above par and accrued interest, by a resolution passed by a two-thirds vote of all the members of the board. 63« Section 1. That interest-bearing coupon bonds to the amount of fifty thousand dollars be issued by the Tillage of Hyde Park, said bonds to be each for the principal sum of one thousand dollars, payable on the first day of January, A. D. 1904, to bear date of the first day of February, A. D. 1884, to be numbered consecutively one to fifty inclusive; to bear interest at the rate of five per cent, per annum from the date thereof, the interest to be payable on the first day of January and first day of July in each year upon the presentation and surrender of the proper interest coupons, the interest to be evidenced by forty coupons attached to each bond, to be numbered consecutively, and each coupon to bear the number of the bond to which it is attached. The first (or “ number 1 ”) coupon on each bond to be for the sum of twenty dollars and eighty-three cents, each of the remaining coupons to be for the sum of twenty-five dollars. The first (or number one) coupon on each bond to be payable on the first day of July, 1884, and the next (or number two) coupon on each bond to be payable on the first day of January, 1885, and so on, each succeeding coupon being payable six months after the preceding one, both principal and interest to be payable at the American Exchange National Bank, in the city of New York. Said bonds shall be signed by the President of the Board of Trustees, countersigned by the Tillage Clerk, and attested by the corporate seal of said village, and shall be known and designated as “Tillage of Hyde Park Water Works Bonds.” WATER WORKS BONDS. 1. Issue of. 2. Proceeds, how applied. 3. Appropriation for interest. 4. May be registered. vested. 6. Cancellation of purchased bonds. 7. Credit of village pledged. 5. Money of sinking fund, how in-VILLAGE OF HYDE PAKE. 17 The coupons attached shall be signed by said President of the Board of Trustees, and countersigned by said Village Clerk. 64. § 2. That said bonds shall be sold at such times and at such rates as the President and Board of Trustees of said village may determine for the best interests of said village, and the proceeds arising from the sale of said bonds shall be placed in the treasury of said village to the credit of the “ WaterWorks Fund,” and shall be used for the part payment of the expenses pertaining to the construction of the Water Tunnel and Crib, for furnishing a supply of pure water for said village, and for no other purpose. 65. § 3. That an annual tax sufficient to pay the interest on said bonds as the same shall become due, according to the terms thereof, and sufficient also to provide an adequate sinking fund for the final payment of the principal sum of said bonds herein provided for, on the said first day of January, A. D. 1904, to wit: the sum of ninety-six hundred dollars and ----------- cents, be assessed annually hereafter, on the taxable property of the Village of Hyde Park, and be included in the annual ordinance to be passed by said President and Board of Trustees of said village, termed “The Annual Appropriation Bill,” and certified to the County Clerk to be extended on the proper collection warrants, according to law. 66. § 4. That said bonds may be registered at the American Exchange National Bank, in the city of New York; and bonds so registered will be transferable only by the indorsement of the persons in whose name the same may be so registered, or his, her or their executors, administrators or assigns. 67. § 5. It shall be the duty of the President and Board of Trustees of said village, to invest the money belonging to the sinking fund in this ordinance provided for, in interest-bearing bonds of the United States, or to use the same for the purchase and Retirement of the “ Village of Hyde Park Water Bonds” herein provided for, and said money shall be used in no other manner whatsoever. 68. § 6. W henever any of the said “Village of Hyde Park Water Bonds ” shall have been purchased as provided for in the fifth section of this ordinance, said bonds so purchased shall 218 ORDINANCES OF THE be canceled, and the same reported to the Board of Trustees of said village. 69. § 7. That the credit of the Village of Hyde Park be, and the same is hereby irrevocably pledged to the payment of any and all of said bonds in this ordinance provided for, and the interest thereon. Passed and approved January 26, 1881. CHAPTER V. BOUNDARIES. VO. Section 1. The corporate limits of the Village of Hyde Park,* * * § in the County of Cook, and State of Illinois, embrace and include the following territory, to wit: ' All that part of township thirty-eight north, range fourteen, east of the 3dP. M., lying east of the west line of sections 3, 10, 15, 22, 27 and 31; f also all of township thirty-eight north, of range fifteen, east of the 3d P. M.; also all that part of township thirty-seven north, range fourteen, east of the 3d P. M., lying «east of the west line of sections 3, 10, 15, 22, 27 and 31; also all of township thirty-seven north, range fifteen east of the 3d P. M.J Also the following described territory,§ commencing at the intersection of the Indian boundary line with the west line of section twenty-seven, south of the Indian * The incorporated Town of Hyde Park became the Village of Hyde Park on the 13th day of August, 1872, under the general incorporation law of cities and villages, approved April 10, 1872, by an election held on said day. f The Town of Hyde Park was incorporated on the 20th day of February, 1861, and embraced all that part of T. 38 N., R. 14, E. 3d P. M., lying E. of the center line of sections 3, 10, 15, 22, 27 and 34, Pr. L. 1861 (20th Feb.), 632; act went into force March 31, 1861, and was amended 2 Pr. L. 1865 (6th Feb.), 481. J All the territory above described was embraced in the amended charter of the Town of Hyde Park, on the 5th day of March, 1867. 3 Pr. L. 1867, p. 344. This act was repealed March 26,1869, and a new act of that date included the same boundaries. 4 Pr. L. 1869, p. 294. § Which territory was annexed to the Village of Hyde Park, by an ordinance of said village passed and approved June 1,1874.VILLAGE OF HYDE PARK. 19 boundary line, running tlienee southwesterly along and binding by said Indian boundary line to its intersection with the west line of said section twenty-seven, north of the Indian boundary line; thence south to the center of the Calumet river; thence easterly and southerly along and binding by the center of said Calumet river, to its intersection with the north line of section thirty-three, in said township; thence easterly on said north line of section thirty-three to its intersection with the east line of the Illinois Central Railroad Company’s right of way; thence southerly along said east line of the Illinois Central Railroad Company’s right of way to the center of the Calumet river; thence easterly along and binding by said center line of said Calumet river, to the west line of section thirty-four, in township thirty-seven north, range fourteen, east of the third principal meridian; and thence north along said west line of section thirty-four and the aforesaid west line of section^twenty-seven, south of the Indian boundary line, to the place of beginning; all in township thirty-seven north, range fourteen, east of the 3d P. M. CHAPTER YL BUILDINGS. 1. Churches and halls. 2. Doors to open outward. 3. Width of openings and stairways. 4. Penalty. 5. Buildings to be closed. 6. Permit to erect building. 7. Use of street—Red light. 8. Enforcing ordinance—Penalty. 9. Factories and mills. 10. Application for permit. 11. Penalty. ¥1. Section 1. All brick churches and halls hereafter erected in the Tillage of Hyde Park, the first story having a height of sixteen feet from floor to ceiling, shall be inclosed in outer walls of not less than sixteen inches in thickness for such first story, and twelve inches in thickness for each and every story thereafter. 72. § 2. All buildings for public use now in process of construction, or hereafter to be built or constructed, or here-20 OKDINANCES OF THE tofore constructed, which may or shall be used for churched school houses, operas, theaters, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed, or so altered or changed, that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that such doors shall open outward, and that all means of egress for the public from the main hall or principal room and from the buildings shall be by means of doors which shall open outward from the main hall or building. 78. § 3. The egress, openings and stairways of thea- ters or other rooms wherein crowds of people occasionally assemble, or wherein large numbers of employes are kept at work, shall in no case be less than live feet wide, nor aggregate a less proportion than eighteen inches for each one hundred: persons such theater or other room may contain or accommodate. This provision to apply to the doors of each gallery or compartment of such buildings, as well as to the exterior openings. All doors of such buildings or rooms shall be made to swing outward. 74. § 4. Any person or persons wdio shall fail or refuse to comply with the provisions of the preceding sections of this chapter, shall be fined in any sum not less than $50 nor more than $500 for each and every day lie or they fail to comply with this ordinance after notification. 75. § 5. The President and Board of Trustees of the Tillage of Hyde Park are hereby authorized to close, and prohibit all buildings for public use, hereafter erected or heretofore erected, from being used in violation of this ordinance. 76. § 6„ A permit must be obtained from the Superintendent of Public Works for every building erected within the village limits. The party applying for a permit must give the location by lot, block a d subdivision, on which the building is to be erected, and shall pay a fee of one dollar for each building.VILLAGE OF HYDE PARK. 21 77. § 7. Any person having the use of the street or sidewalk for the purpose of erecting or repairing any building, or for any other purpose, shall place a red light in front of such obstruction, from dark until sunrise, during the time such obstruction remains. A sidewalk or passage at least four feet wide shall be kept in front of any new building as far as lit is practicable, making proper allowance for the handling of materials to be used about such building. 78. § 8. It shall be the duty of the Department of Public Works, the Police Department and Fire Captains to enforce the provisions of this chapter. Any person convicted of violating any of the provisions of sections 6, 7 or 8 of this chapter, shall be fined not to exceed two hundred dollars for each violation. 79. § 9. No planing mill, box manufactory, match factory or other building or business involving great or extraordinary risk of fire, shall be erected or established at any point in the Village of Hyde Park within one hundred and fifty feet of any lumber yard, elevator, warehouse, dwelling house or other property liable to be thereby endangered, except upon special permission from the Board of Trustees. 80. § 10. All applications for permission to erect such buildings shall be in writing, and shall set forth a full description of the proposed location of the building, and it shall be certified to by the applicant, that no building, lumber yard or other property liable to be thereby endangered, as heretofore specified, is situated within one hundred and fifty feet of the location of said proposed building. 81. § 11. Any person who shall violate any of the provisions of sections 10 or 11 of this chapter, shall be subjected to a fine not exceeding two hundred dollars, in the discretion of the court, for the first offense, and to a like fine for every forty-eight hours such person shall fail to comply with the provisions of said sections, or either of them, or shall continue in the violation thereof. Note.—See also chapter XXI, “ Fire Limits.”22 ORDINANCES OF THE CHAPTER YIL CALABOOSE. 1. Calaboose at Village Hall. | 3. May establish others. 2. Keeper of, Captain of Police. j §2. Section 1. The rooms on the ground floor in tlie building known as the Village Hall, and situated on Hyde Park avenue, to wit: on lot three, block nineteen, Hyde Park, are hereby constituted and established a village calaboose, or jail, for said Village of Hyde Park. 8S. § 2. The Captain of Police shall be ex-ojfhdo keeper of said calaboose or jail, and shall haye the custody, rule, charge and keeping of the same, and of all persons committed thereto, under the supervision and direction of the President and Board of Trustees. 84* § 3. The Board of Trustees may, by resolution or ordinance, establish other calabooses in said village, and any officer having any person in arrest at night, or on Sunday, may keep him in any safe place, in his discretion, over night or Sunday, until he can bring such person before the projjer magistrate or justice. CHAPTER VIII. CLERK. 1. Office at Village Hall—Duties. 2. Ordinances—Record and publica- tion. 3. Notice to persons elected or ap- pointed. 4. To tile annual appropriation or- dinance, 5. Filing and indexing documents. 85. Section 1. The Village Clerk shall keep his office at the Village Hall. He shall keep the corporate seal, and affix the same to all papers which require it. He shall keep all records and papers belonging to the village, and attend all meetings of the Board of Trustees, and keep a full record ofVILLAGE OF HYDE PAKK. 23 its proceedings in the journal. He shall prepare all warrants for the payment of money, countersign and deliver the same when called for, after they have been registered by the treasurer, taking a proper receipt for the same. It shall be the duty of the Tillage Clerk to publish, as required by the charter, the treasurer’s and collector’s annual report, tiled with him between the first and tenth of April of each year.* He shall make copies of all papers duly tiled in his office, and transcripts from the journals and other records and tiles of his office, certified by him under the corporate seal, for use in evidence in courts when required. 8H. § 2. All ordinances passed by the Board of Trustees shall be recorded by the clerk in a book to be kept for that purpose, before the next regular meeting after their passage. If the ordinance requires publication, lie shall cause the same to be duly published. The clerk shall note, at the foot of the record of each ordinance, a memorandum of the date of its passage, and the date of its approval (if approved) by the President, and, if published, the date of the publication of such ordinance; which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication of such ordinance for all purposes whatsoever. The original shall be tiled in the office of said clerk, and a certificate of publication attached to ordinances requiring pub-lication. 87. § 3. It shall be the duty of the Tillage Clerk within five days after the result of any election is declared or appointment made, to notify all persons elected or appointed to any village office, of their election or appointment, and unless such persons shall respectively qualify in ten days after such notice the office shall become vacant. 88. § 4. It shall be the duty of the Tillage Clerk, on or before the second Tuesday in August in each year, to tile with the County Clerk of Cook County, Illinois, a certified copy of an ordinance in which the total amount of appropriations for all corporate purposes of the Tillage of Hyde Park, legally made, are levied and assessed. * See Art. VII, Act of Incorporation. Sec. 10 and 14.24 OBDINANCES OF THE 8®. §5, It; shall be the duty of the Tillage Clerk to number, docket and tile in regular order, all official documents coming into his custody and control as. such officer, indexing the same in such manner that they can be readily referred to at all times. CHAPTER IX. COAL. 1. Definition of ton. | 3. Penalty. 2. Certificate of village weigher. [ SO. Section 1. In the sale of coal, the hundred weight shall consist of one hundred pounds avoirdupois, and twenty such hundred weight shall constitute a ton. 91. § 2. Any person or persons engaged in the business of selling coal in the Tillage of Hyde Park, to be delivered in said village, shall deliver to the purchaser at the time of the delivery of the coal purchased, a certificate signed by a village weigher, if there be such officer appointed, showing the weight of the coal so delivered, and the weight of the wagon or cart. 92. § 3. Any person violating any of the provisions of this chapter, or who shall deliver to any purchaser a less quantity than two thousand pounds of coal for each ton purchased (or a proportionate amount for any part of a ton), or who shall practice any fraud or deceit in the sale or delivery of any coal purchased, to be delivered in said village as aforesaid, shall, upon conviction, be fined in a sum not less than twenty dollars nor more than fifty dollars, for each offense.TILLAGE OE HYDE PARK. 25 CHAPTER X. COLLECTOR. 1. Dufy. 2. Monthly report and payment. 3. Yearly report. 4. Report and final settlement. 5. Report under § 39, Art. IX, Chap. 24, Rev. Stats. 9S. Section 1. It shall he the duty of the Collector to execute all special assessment and other warrants, which by law and the ordinances of the Village of Hyde Park, may be directed to him, and he shall perform such other duties as now are, or hereafter may be imposed upon him by law or ordinance. 94. § 2. Said Collector shall keep such books and his accounts in such manner as from time to time required by order or resolution of the Board of Trustees. He shall, as often as required by law, pay over to the Village Treasurer all moneys collected by him from any source whatever, taking the treasurer’s receipt therefor; which receipt he shall immediately file with the Village Comptroller; but the comptroller shall at the time, or on demand, give such tax collector a copy of any such receipt so filed. (See Sec. 13 and 18, Art. VII, Chap. 24, Rev. Stat.) 95. § 3. He shall make a report in writing to the Board of Trustees, through the comptroller, of all moneys collected by him, the account whereon collected, and of any other matter in connection with his office; at the first meeting of said board every month, and as much oftener as required. He shall also, annually, between the 1st and 10th of April, file with the clerk a statement of all the moneys collected by him during the year; the particular warrant, special assessment, or account on which collected; the balance of moneys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he shall have returned during the preceding fiscal year to the clerk. 9©. § 4. It shall be the duty of said Collector to make return and final settlement for the amount of taxes and assess-26 ORDINANCES OF THE merits placed in his hands for collection, on or before the tenth day of March next succeeding his appointment, in the manner provided by law for town and district collectors. 97. § 5. It shall also be the duty of the Tillage Collector, who is hereby made the collector of special assessments, to make a report in writing in the manner and to the person or persons required in section 39, article IX, chapter 24, of the Revised Statutes of the State of Illinois, on or before the first day of April next after such special assessments therein mentioned shall have become due and payable. (See Sec. 13 et seq.. Art. VII. Chap. 24, Rev. Stat.) CHAPTER XI. COMPTROLLER. 1. Papers, etc., in his custody. 2. Accounts with aU funds. 3. Register of village bonds. 4. Estima te for appropriation bill. 5. Supervision over finances. 6. To give bond. 98. Section 1. All accounts, documents, records, deeds, leases, warrants, vouchers, books and papers, belonging to the village, shall be kept at the Village Hall, and such as are not specially placed in the custody and control of some other officer shall be in the charge, custody and control of the Comptroller. 99. § 2. It shall be the duty of the Comptroller to keep a strict, accurate and detailed account of all the moneys and funds of the village, as well as of all the expenses, outlays, disbursements and expenditures thereof; the same to be so systematized and arranged under their proper title or heading, that each separate fund and account will plainly and clearly show its own particular debit and credit, as well as to or from whom, when and on what account the same was received or paid out. He shall receive all moneys for water rents, licenses, special deposits, and all village revenue, except as otherwise provided by law and this municipal code, and give properVILLAGE OF HYDE PAEK. 27 receipts for the moneys so received. He shall pay the same at each meeting of the Board of Trustees, to the Treasurer. 100. § 3. The Comptroller shall keep in his office in a book expressly for that purpose, a correct list of all the outstanding bonds of the village, showing the number and amount of each, for and to whom the said bonds are issued, and when any village bonds are purchased or paid or canceled said book shall show the fact, and in his annual report he shall describe particularly the bonds sold during the year, and the terms of sale, with each and every item of expense thereof. 101. § 4. It shall be the duty of the Comptroller, on or before the 15th day of May in each year, and before the annual appropriations to be made by the Board of Trustees, to submit to said board a report of his estimates, as nearly as may be, of moneys necessary to defray the expenses of the corporation of the Tillage of Hyde Park during the current fiscal year. He shall in said report class the different objects and branches of expenditure, giving as nearly as may be the amount required for each. He shall in said report show the aggregate income of the preceding fiscal year from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable, and in such report he shall give such other information to said board as he may deem necessary to a full understanding of the money exigencies and demands upon the corporation of said Tillage of Hyde Park for the current year. 1©2. § 5. The Comptroller shall exercise a general super- vision over all of the officers of the Tillage of Hyde Park charged in any manner with the receipt, collection or disbursement of corporation revenue, and the collection and return of all such revenue into the treasury. He shall prepare and deliver all licenses and bonds on the receipt of the proper sums of money therefor, and he shall report to the board in writing any neglect of duty of any officer to promptly pay into the treasury any funds due the village, from any source. 103. § 6. It shall be the duty of all village officers charged in any manner with the collection of or receiving public money to file with the Comptroller duplicate receipts28 ORDINANCES OF THE signed By the Tillage Treasurer of all money paid into the treasury by such officers respectively, on the date of every such payment. 1©4. § 7. The Comptroller shall give bond, with security to be approved by the Board of Trustees, in such sum, not less than fifty thousand dollars, as the board may, by resolution, from time to time direct. CHAPTEE XII. CONCEALED WEAPONS. 1. Carrying1 unlawful. 2. Confiscation. 3. Arrest. 4. Procedure. 5. Penalty. 6. Persons exempted. 7. License to carry. 8. Fee. 9. Contents of license* 105. Section 1. It shall be unlawful for any person within the limits of the village to carry or wear under his clothes, or conceal about his person, any pistol, colt or slung shot, cross knuckles or knuckles of lead, brass or other metal, or bowie knife, dirk knife or dirk, razor or dagger, or any other dangerous or deadly weapon. 108. § 2. Any such weapon or weapons duly adjudged by any police magistrate or justice of the peace of said village to have been worn or carried by any person, in violation of the first section of this chapter, shall be forfeited or confiscated to the Tillage of Hyde Park, and shall be so adjudged. I©1?. § 3. Any policeman of the Tillage of Hyde Park may, within the limits of said village, without a warrant, arrest any person or persons whom such policeman may find in the act of carrying or wearing under his or their clothes or concealed about his or their persons, any weapon mentioned in section one of this chapter, and detain him, her or them in the village jail or armory until a summons or warrant can be procured on complaint made (under oath or affirmation) for the trial of such person or persons, and for the seizure and confiscation of such concealed weapons.VILLAGE OF HYDE PARK. 29. 1©S. § 4. Upon complaint made, under oatli or affirma- tion, to any magistrate or justice of the peace in said village, that any person has been guilty of violating any of the provisions of section one of this chapter, a summons or warrant shall issue for the summoning or arrest of the offender or offenders, returnable forthwith; upon the return of such summons or warrant, such magistrate or justice shalliproceed to the hearing and determination of the matter, and if it shall be adjudged that such person or persons has or have incurred any of the penalties fixed by this chapter, such magistrate or justice of the peace shall so adjudge, and order that the weapon or weapons, concerning the carrying or wearing of which such penalty shall have been incurred, shall be confiscated to the Village of Hyde Park. 1©©. § 5. Any person or persons violating any of the provisions of section one of this chapter shall pay a fine of not less than five dollars nor more than two hundred dollars, or be imprisoned for a term not exceeding six months, or both, in the discretion of the magistrate or court before whom such conviction shall be had. 11®. § 6. The prohibitions of this chapter shall not apply to the officers or members of the police force of said village when on duty, nor to any officer of any court whose duty may be to serve warrants or to make arrest ; nor to persons whose business or occupation may seem to require the carrying of weapons for their protection, and who shall have obtained from the President of the Board of Trustees a license so to do, as hereinafter provided. 111. § 7. The President of the Board of Trustees majv grant to so many and such persons as he may think proper, licenses to carry concealed weapons, and may revoke any and all of such licenses at his pleasure. 112. ' § 8. Applications for such licenses shall be made to the President of the Board of Trustees, and the person applying therefor shall pay to the Village Comptroller the sum of two dollars before such license shall be issued. 118. § 9. Every such license shall state the name, age occupation and residence of the person to whom it is granted, and shall expire at the end of the current fiscal year.30 ORDINANCES OF THE CHAPTEK XIII. CONTRACTS. 1. Officers not to be interested in. 2. Contracts, how made. 3. Preventing accidents. 4. Contractors liable for damages. 5. Contractors to give bonds. 6. Contracts under special assessm’t. 114. Section 1. No officer shall be directly or indirectly interested in any contract work or business of the village, or the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation. 115. § 2. 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, after fifteen days’ notice, in such newspaper as the board may by resolution direct. Such notice shall give only a general description of the work, detailed drawings, plans and specifications of which, shall be on file in the Department of Public Works. Such contracts shall be approved by the President of the Board of Trustees. Provided, however, any such contract may be entered into by the proper officer, without advertising for bids, and without such approval, by a vote of two thirds of all the trustees elected. 116. § 3. In the performance of all contracts for paving or grading streets, for constructing sewers, for laying water pipes, and for building and repairing bridges and culverts, or for doing any work whatever whereby accidents or injuries may occur in consequence of any neglect or carelessness on the part of the contractor, it shall be the duty of the contractor or person doing such work to place and maintain a good and suf-ficent fence, railing or barrier around the same, in such a manner as to prevent accidents, and to keep upon such fence,VILLAGE OF HYDE PARK. 31 railing or barrier suitable and sufficient colored lights during the entire night. 117. § 4. In all cases in which any person shall perform any work, either under contract with the village or by virtue of any permission from the Board of Trustees, such person shall be liable to the Village of Hyde Park for any and every loss or damage which said corporation may sustain, and for all sums which it may have to pay to any person by reason of any loss or injury sustained in consequence of any carelessness o^ negligence in doing the work, or by reason of any neglect or failure to comply with any provisions of any ordinance of said village, or otherwise. This section shall apply to all work done for the village, whether expressly so stated in a written contract or not; and the acceptance of any contractor performance of any such work shall be construed as an agreement by the person executing such contract or doing such work, to be bound by and to become liable under this section. 118. § 5. Every contractor with the Village of Hyde Park for work or materials exceeding $500, shall, before his contract shall be binding upon the village, execute a bond, with two or more sureties, in such penal sum as may be satisfactory to the finance committee, conditioned for the faithful performance of the same, and an observance of all ordinances of the village. 119. § 6. Ho contract shall be hereafter entered into by or on behalf of the Village of Hyde Park by the Board of Trustees, or any committee or member thereof, and no expense shall be incurred by any officer or department of said village for or on account of any improvement hereafter to be made, the cost of which, or any portion thereof, other than the cost of levying and making an assessment, is to be provided for by special assessment to be made under Article 9 of an Act to provide for the Incorporation of Cities and Villages, approved April 10, 1872, unless at least seventy per cent, of the amount to be raised by such assessment for said improvement shall first have been collected and paid to the treasurer of the village; or unless such assessment has been confirmed and the warrant for the collection thereof has been returned to the County Collector and is in process of collection. Pro-32 ORDINANCES OF THE mded, that in all contracts awarded for work to be paid for by special assessment in advance of the collection thereof, file contractor shall first agree to receive in full payment of such contract warrants payable from such special assessment fund when collected, and further agree to release the Village of Hyde Park from any and all liability arising from the failure to collect the said special assessment. This section shall not apply to assessments payable in installments, and shall be considered as constituting a part of all contracts in this section mentioned, whether expressly inserted in such contract or not. CHAPTER XIV, DOGS. 1. Fierce or dangerous clog. 2. Prohibiting running unmuzzled. 3. When to be deemed ferae naturae. 4. Impounding—Killing. 5. Penalty when impounded. 6. Dog tax registering. 7. Collar and metal tag. 8. What clogs exempted. 9. Impounding. 10. Penalty. 120. Section 1. Ho owner or possessor of a fierce or dangerous dog shall permit the same to run or be at large. 121. § 2. It shall and may be lawful for the President of the Board of Trustees of the Village of Hyde Park to publish, by causing the same to be published once in some newspaper of general circulation in said village and posted in at least three public places in said village, a notice forbidding the running at large of any dog within the corporate limits of said village, at any period of the year, whenever, in his opinion, the public safety is in danger from such cause, unless such dog be securely muzzled; and it shall thereupon be unlawful to permit any dog to run or be at large without being securely muzzled. 122. § 3. Any dog found running or being at large in any of the streets or highways of said Village of Hyde Park without a muzzle, contrary to the provisions of the preceding section, shall be deemed and considered to be an animal fere®VILLAGE OF HYDE PARK. 33 naturae, or naturally wild, and possession, ownership and title in such dog, shall be deemed to have been abandoned by all persons whomsoever. 123. § 4. It shall be the duty of the police of the Tillage of Hyde Park, whenever the President of the Board of Trustees shall have given notice, as provided in section two of this chapter, forbidding the running or being at large of any dog within the corporate limits of said village, if any dog shall be found ferae naturae or naturally wild, in accordance with section three of this chapter, to capture such dog if practicable, and cause the same to be impounded in any suitable inclosure provided for that purpose, at or near any police station of said village, to which all persons may have access during business hours of the day, for the purpose of identifying or rescuing any dog so impounded, as aforesaid; and in case after four days such dog shall not be claimed or taken possession of by any owner, it shall then be lawful for the Captain of Police to cause such dog to be put to death. And in case it shall not be practicable to seize such dog, to be impounded as aforesaid, when found running at large in violation of the provisions of this chapter, it shall be lawful for the police to kill such dog upon the public highway, in the same manner as any other animal ferae 7iaturce. 124. § 5. The owner of any dog so impounded shall pay the sum of one dollar per day, for each and every day such dog shall have remained impounded as aforesaid, and shall be liable to fine and imprisonment as hereinafter provided. 125. § 6. Every owner, possessor or person who harbors or keeps any dog within the limits of the village, shall, within thirty days after the first of May in each year, pay to the Tillage Comptroller the sum of two dollars for every such dog, and cause such dog to be registered in the office of the Tillage Clerk, in a book to be kept for that purpose; and also obtain from such clerk the metal tag hereinafter required to be furnished said clerk by the Tillage Comptroller. The Tillage Comptroller shall provide, each and every year, such number of metal tags as may be necessary, of such size and shape as 331 ORDINANCES OF THE he may deem expedient, the shape to be changed each year, having stamped thereon numbers indicating the year for which the tax is paid, and the letters H. P. D. T., and deliver the same to the Tillage Clerk to deliver one of such metallic plates to the person so paying a tax on any such dog. 126. § 7. Every dog so licensed shall have a collar around his neck, with the metal tag aforesaid securely fastened to it. All dogs found running at large not licensed shall be seized, captured and delivered, under the direction of the Police Department, at a place to be provided as stated in section .four, where such animals, if not within four days thereafter claimed and redeemed by the owner, or some other person, shall be killed in such manner and by such persons as the President of the Board shall designate. 127. § 8. Tlie provisions of the preceding section shall not apply to dogs owned by non-residents remaining temporarily in or passing through this village, nor to dogs brought into the village for exhibition. 128. § 9. It shall be the duty of the pound-keeper in charge of any place wherein any dog is impounded, if any such dog shall not have been redeemed within four days after such dog shall be impounded and the owner, if found, notified, to cause said dog to be put to death, using, if practicable, such method as shall cause the least possible pain, and without abuse or cruelty. Every pound-keeper is hereby authorized to collect a fee of three dollars upon every dog redeemed, and he shall keep a register of such dogs, and shall account for and pay into the village treasury all moneys received under this article, at the end of each and every month. 12®. § 10. Any person or persons who shall violate or fail, neglect or refuse to comply with any of the foregoing provisions of this article, where no other penalty is prescribed, shall, on conviction, be fined in a sum not less than five dollars nor more than one hundred dollars for each and every offense.VILLAGE OF HYDE FAKE. 35 CHAPTER XV. DRAM SHOPS. 1. License required. 2. Dram shop or saloon. 3. Keeper to be licensed. 4. Liquor or beer wagon. 5. Keeper to be licensed. 6. Licenses, by whom granted. 7. Contents of license. 8 and 9. Bonds to be given. 10., Fee to be paid. 11. Selling or giving to minor, etc. 12. Places not licensed a nuisance. 13. Sale during elections. 14. Sale at unlicensed place—Pen- alty. 15. License to be posted. 16. Saloon, when to be closed. 17. Apothecary, druggist, etc. 18. Attempt to evade. 19. Evidence in prosecutions. 20. Penalty. 21. Territory restricted. 13CV Section 1. The selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor in quantities less than four gallons in any one package, except by persons duly licensed in accordance with the provisions of this ordinance, is hereby prohibited. 131. § 2. A dram shop or saloon is a place where spirituous or vinous or malt liquors are retailed in less quantities than one gallon, and intoxicating liquor shall be deemed to include all such liquors within the meaning of this ordinance. 132. § 3. Ho person without a license to keep a dram shop or saloon, shall, by himself or another, either as principal, agent, clerk or servant, directly or indirectly, sell or give away 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 upon any highway, park, public water or place of public resort. 133. § 4. A liquor or beer wagon is a conveyance from which any intoxicating, malt, vinous, spirituous, mixed or fermented liquor is sold, given away or delivered in quantities less than four gallons in any one package, to persons residing or being within the limits of Hyde Park. 134. § 5. Ho person without a license to keep or maintain a liquor or beer wagon, shall by himself or another, either as principal, agent, clerk or servant, directly or indirectly, sell or give away or deliver any intoxicating liquor in any less quantity than four gallons, by, from or with any liquor or beer36 ORDINANCES OF THE wagon, or employ, control, manage or use any conveyance for such purpose. 135. § 6. The President and Board of Trustees, by resolution, may grant licenses to keep so many dram shops, saloons, or beer wagons in the Tillage of Hyde Park, outside of prohibited districts, as they may think the public good requires ; but they expressly reserve the power to revoke any license at their discretion; and whenever revoked for any violation of the laws of the United States or the State of Illinois or ordinance of the Tillage of Hyde Park, whether passed before or after the date of such,license, the license fee shall be forfeited to the Tillage of Hyde Park. 136. § 7. The President of the Board of Trustees is authorized to issue licenses according to -the resolution provided in section six, and such licenses shall be signed by him and attested by the hand of the Tillage Clerk, and he under the corporate seal of the village. The license shall state the time for which it is granted, which shall not extend beyond the municipal year in which it shall be granted, and the place where the dram shop or saloon is to be kept; it shall not be transferable ; the licensee shall not keep nor in any way be interested in any saloon or dram shop at more than one place at the same time. The license shall state the name of the driver or custodian and the owner of each liquor or beer wagon, and any license granted will at any time be revoked by the President and Board of Trustees whenever they shall be satisfied that the person licensed has violated any of the provisions of this ordinance, or keeps a disorderly or ill-governed house or a place of resort for idle or dissolute persons, or allows any illegal gaming in his dram shop or saloon or in any place adjacent thereto. 13V* § 8. ISTo person shall be licensed to keep a drain shop, saloon or liquor or beer wagon, or to sell intoxicating liquor, without first giving bond in the sum of three thousand dollars, ($3,000) to be approved by the Board of Trustees, payable to the people of the State of Illinois, as required by Chapter 43 of the Bevised Statutes of Illinois, entitled “Dram Shops.’*VILLAGE OP HYDE PARK. 37 138. § 9. No person shall be licensed to keep a saloon, dram shop, or liquor or beer wagon, or sell intoxicating liquor, without first giving, in addition to the bond aforesaid, a bond payable to the Tillage of Hyde Park, with at least two good and sufficient sureties, freeholders of Cook county, Illinois, to be approved by the Board of Trustees, in the penal sum of five hundred dollars ; which bond shall be void upon the condition that such applicant for license, and any and all persons in his employment, or subject to his control, shall comply with every and all resolutions, rules, regulations and ordinances of said President and Board of Trustees, in force during the continuance of such license, which relate in any manner to the subject-matter of this chapter, or to the general peace and good conduct of the inhabitants of said Village of Hyde Park; and further, shall pay any and all fines and costs which may be imposed upon any such licensee, his employe, or any person under his control, by any Police Magistrate, Justice of the Peace, or court of competent j urisdiction, for any violation or breach of any such resolution, regulation or ordinance, as aforesaid. 139. § 10. Ho person shall receive a license to keep or maintain a dram shop, saloon, or liquor or beer wagon, within the limits of the Village of Hyde Park, except upon the payment in advance to the Comptroller of the village, to be by him paid into the village treasury, of a sum at the rate of $500 per annum, for each dram shop, saloon, liquor or beer wagon. 140. §11. Ho person, by himself, his agent or servant, shall sell or give intoxicating liquor to any minor, insane, idiotic or distracted person, without the written order of his parent, guardian, conservator or family physician; or to any person intoxicated, or who is in the habit of getting intoxicated. 141. § 12. All places where intoxicating liquor is sold in violation of any provision of this ordinance, shall be taken, held and are declared to be common nuisances; and all rooms, taverns, eating houses, bazaars, restaurants, drugstores, groceries, coffee houses, liquor or beer wagons, cellars, or other places of public resort, where intoxicating liquors are sold in violation of any provision of this ordinance, shall be deemed38 ORDINANCES OTHE public nuisances, and no person shall keep any such place, as aforesaid, by himself, his agent, or servant; and the same may be abated, as provided in this chapter. 142. § 13. Ho intoxicating liquor shall be sold at retail or given away, nor shall any saloon be open, upon any general or special election day, within one mile of the place of holding an election, until after the polls are closed. 143. § 14. Ho person shall hereafter, by himself, his agent or servant, solicit, ask or take any order, from any person or persons within said village, for the sale or delivery of any spirituous or vinous or malt liquors, in quantities less than one gallon, at any other place than that named in such person’s license, or sell, offer for sale or deliver any such spirituous or vinous or malt liquors at any other place than that named in his license, within the Tillage of Hyde Park, under a penalty of not less than fifteen dollars ($15) nor more than two hundred dollars ($200) for each offense. 144. § 15. Any and all persons licensed under this ordinance or any o,ther ordinance for the sale of liquors shall immediately cause to be and remain posted upon some conspicuous part of the room or bar, or liquor or beer wagon kept or used for such purpose, his or their license. 145. § 16. Ho person shall keep open a saloon after 12 o’clock p. m. nor during any of the hours succeeding until 5 o’clock a. m. Ho person or persons shall be allowed to give any concert or entertainment in any licensed saloon or in any place, the entrance of which shall be through a saloon or grocery within the Tillage of Hyde Park without special permit from the President and Board of Trustees. Any person or persons violating any provision of this section shall be fined, in a sum not less than twenty-five dollars nor more than one hundred dollars, and shall have his or her license revoked in the discretion of the President and Board of Trustees. 14©. § 17. The provisions of this ordinance shall not ap- ply to the selling and giving away of any kind of intoxicating liquors by any apothecary, druggist, or pharmacist in said village, his agents, clerks or servants, for medicinal, mechanical, sacramental and chemical purposes only. Provided, that such apothecary, druggist or pharmacist shall have been granted aVILLAGE OF HYDE PARK. 39 permit for tlie sale of liquors for such purposes. Such permit shall be granted only upon application in writing to the Board of Trustees of said village, and shall he issued in the manner and subject to the conditions provided by ordinance for issuing other than liquor licenses in the Tillage of Hyde Park. Such permit shall authorize such apothecary, druggist or pharmacist to sell liquor for medicinal, mechanical, sacramental and chemical purposes only, and not to be drank upon the premises under any circumstances. Every such apothecary, druggist and pharmacist shall keep a record, in a book which he shall provide for the purpose, of all sales of intoxicating liquors made by him to all persons whomsoever, which record shall show the date of each sale, the name and address of the purchaser, the quantity and kind of liquor, and the purpose for which the same was sold; which book shall be open to the inspection of the police, any member.of the Board of Trustees, and all officers of the law department of said village, at any and all times during business hours. 147. § 18. The giving away of intoxicating liquor, or other shift or device to evade the provisions of this ordinance, shall be held to be an unlawful selling. 148. • § 19. In all prosecutions under this ordinance it shall not be necessary to state the kind of liquor sold, or to describe the place where sold, or to show the knowledge of the principal to convict for the acts of an agent or servant, and in all cases the person to whom intoxicating liquor shall be sold in violation of any provision of this chapter, shall be a competent witness. 149. § 20. Any person violating any clause, section or provision of this chapter shall be subject to a penalty not less than five dollars nor more than two hundred dollars for each offense, and be subject to have his license revoked, as provided in section three. 150. § 21. Hereafter no license shall be issued to keep a saloon or dram shop within the territory described and bounded as follows, to wit: Commencing at the northeast corner of the Tillage of Hyde Park, thence west along the north line of said village to a point two hundred (200) feet east of the east line of State street; thence south and parallel with40 ORDINANCES OF THE State street to the center of Fiftieth street; thence east from a point in center of Fiftieth street two hundred (200) feefc east of State street to center of Cottage Grove avenue; thence south along center line of Cottage Grove avenue to center of Sixty-seventh street; thence east along center line of Sixty-seventh to the center line of Stony Island avenue; thence north along the center of Stony Island avenue to center line of Fifty-sixth street; thence west on center line of Fifty-sixth street to a point one hundred and twenty-five (125) feet east of east line of Jefferson avenue; thence north, parallel to Jefferson avenue, to the center of Fifty-fourth place; thence east to Lake Michigan; thence northwesterly along the shore of Lake Michigan to the point of beginning. And also commencing at the intersection of Seventy-first street and South Chicago avenue ; thence "southeasterly along the center line of South Chicago avenue to the center of Greenwood avenue; thence south along the center of Greenwood avenue to the center of Seventy-fifth street; thence west along the center of Seventy-fifth street to the center of Summit street; thence north along the center of Summit street to the center of Seventy-first street; thence east along the center of Seventy-first street to place of beginning. • Also commencing at the intersection of Seventy-first street and St. Lawrence avenue, thence north along the center line of St. Lawrence avenue to the center of Sixty-seventh street; thence west along the center line of Sixty-seventh street to the center of South Park avenue; thence south along the center line of South Park avenue to the center of Seventy-first street; thence east along the center line of Seventy-first street to the place of beginning. Also the territory described and bounded as follows, to wit: Commencing at the center line of intersection of Sixty-seventh street and Lake Michigan, thence west to a line one hundred and fifty (150) feet west of Jeffery avenue; thence along said line one hundred and fifty feet west of parallel with North Jeffery avenue to center line of Eiglity-third street; thence east on Eighty-third to Lake ^Michigan; thence along said lake to the place of beginning, except that piece of land inclosed and known as the World’s Pastime Exposition grounds.TILLAGE OF HYDE PARK. 41 Also tlie territory bounded on the north by Seventy-first street, on the south by Seventy-fifth street, on the west by Woodlawn avenue, and on the east by Jeffery avenue. The said territory shall be known and treated as prohibited districts, within which it shall not be lawful for such licenses to be granted. CHAPTER XVI. EXECUTIVE DEPARTMENTS. 1. Establishment of. | 2. Officers and duties. 151« Section 1. The following executive departments of the Village of Hyde Park, are hereby constituted and established, to wit: Finance, Fire, Law and Special Assessment, Police, Public Works, and Water Departments. 152. § 2. Said departments shall embrace such officers, and perform such duties, as are now or may hereafter be prescribed by resolution or ordinance. CHAPTER XVII. PEES. 1. Fees. | 2. Penalty. 153. Section 1. That any village officer, upon whom the duty devolves, is hereby authorized to demand and receive as fees, for the use of the village, the following, w wit: For each license, one dollar; for transferring each license, one dollar ; for taking and approving bond on each transfer, one dollar ; for taking and approving each bond for license, one dollar; for each deed for real estate issued by the village, one dollar ; for the use of the corporate seal on any attestation, acknowledgment, or other certificate, twenty-five cents; for each certificate, twenty-five cents; administering oath and attesting42 ORDINANCES OF THE the same, twenty-five cents; for certified copies of any record, eacli one hundred words, twenty-five cents; for certifying any map or plat of ground in the village, two dollars. And all officers whose salaries are fixed by the Board of Trustees shall pay all such fees so collected by them into the village treasury, at the end of each and every month, and shall make a statement to the Board of Trustees at the end of each fiscal year, of any and all fees so received and paid over to the treasury, as hereinbefore provided. 154. § 2. Any officer of said village violating the pro- visions of section one of this ordinance, may,in the discretion* of the President and Board of Trustees, be removed from office, and shall be liable on his official bond to the village for all moneys received by him as fees, as provided in said section one, and not paid into the treasury, and the same may be recovered by an action of debt in the name of the village, in the same manner as fines and penalties are collected. CHAPTEE XVIII. FENCES. 1. Construction. | 2. Penalty. 155. Section 1. That no partition fence shall be constructed in the Village of Hyde Park that shall exceed four feet and six inches in height above the surface of the ground, unless the same shall be constructed of pickets or barbless wire. 156. § 2. Any fence which may be erected, or in process of erection, contrary to the provisions of this chapter, shall be deemed a nuisance, and it shall be the duty of the Captain of Police to abate the Fame; expenses of removing such fences may be collected of the owner of such fence by suit in the name of the Village of Hyde Park. Any persons violating any of the provisions of this chapter shall be fined not less than $5 nor more than $200.VILLAGE OF HYDE 1 ARK. 43 CHAPTER XIX. FISCAL YEAR. 157. Section 1. The fiscal year of the Tillage of Hyde Park is hereby fixed and determined, so that said fiscal year shall commence at the date established by law for the annual elec-tion of municipal officers in said village, to wit: the first Tuesday in April in each year. Note.—See §§1,2 and 3, Article VII, Chap. 24, Revised Statutes. CHAPTER XX. FIRE CAPTAINS. 1. Odice of fire marshal abolished. 2. Division of village into districts. 3. Appointment of lire captains. 4 and 5. Their duties. 6. Control at fires. 7. Bond—Compensation. 8. Volunteer fire and hose compa- nies. 158. Section 1. That the office of Eire Marshal be, and the same is hereby abolished. 159. § 2. That for fire purposes, the village be divided into two fire districts to be known as District Ho. 1 and District Ho. 2 respectively. District Ho. 1 shall comprise all that territory lying north of the center line of Sixty-eighth street, and District Ho. 2 shall comprise all that territory lyingsouth of the center line of Sixty-eighth street. 16®. § 3. That two Fire Captains shall be appointed by the President and Trustees at the beginning of each fiscal year, who shall hold their positions during such fiscal year and until their successors are appointed and qualified. That one of said captains shall be known as Captain of Fire District Ho. 1, and the other of said captains shall be known as Captain of Fire District Ho. 2. 161. § 4. Each of said captains shall have the care and custody of the property of the village pertaining to the fireORDINANCES OF THE 44 department in liis district, and shall be held responsible for all property lost or destroyed. They shall make monthly reports to the board of all fires occurring during each month in their respective districts, all property if any, destroyed by such fires and the value thereof, with a brief statement of the causes of such fires; and shall at the commencement and close of each year report all property belonging to the village in their possession and control. Said fire captains shall have power to see that all chimneys in their respective districts are properly constructed and kept in good order; that ail stoves, furnaces and heating apparatus are properly put up, secured and protected ; and that no straw, hay, or other combustible materials are placed or stacked within the limits of said village, in such manner as they or either of them shall deem dangerous. In the performance of their duties under this section, they shall have the assistance of the police department. 162. § 5. Captain of Fire District ISTo. 1 shall be the captain of the Steam Fire Engine Company in his district, and shall be responsible for the discipline and conduct of the men of said company. Captain of Fire District No. 2 shall be the captain of the Steam Fire Engine Company in his district, and shall be responsible for the discipline and conduct of the men of said company. 168. § 6. In case of a fire, the captain in whose district such fire shall occur, shall have charge of the fire department during the continuance of said fire. 164. § 7. Each of said captains shall subscribe an oath of office, and execute a bond to the village in such sum and with such sureties as the President and Board of Trustees shall direct and approve, conditioned for the faithful performance of his duties. 165. § 8. No volunteer fire or hose company shall be entitled to have the custody, use or control of any property of the village until the membership of the company shall have been submitted to and recognized and approved by the Board of Trustees, nor until some officer or member thereof shall have been appointed by the proper fire captain custodian ofVILLAGE OF HYDE PARK. 45 such property, and such appointee shall have executed his bond to the proper tire captain for the use of the village, for the safe keeping of the same. The board shall determine by resolution the membership of such fire and hose companies, and such number shall be uniform as near as may be. All such companies shall be subject to the orders and control of the fire captain in whose district such companies may be stationed. CHAPTER XXI. .FIRE LIMITS. 1. What are and how to make. 2. Building not to be erected with- out permit. 8. Thickness of walls, etc. 4. Sheds. 5. Ashes. 6. Raise buildings to grade, etc. 7. Moving buildings. 8. Damaged fifty per cent. 9. Violation a nuisance. 10. Chimneys. 11 and 12. Stove pipe. 13. Lanterns in stables. 14. Fire and hose companies. 15. Destroy buildings at fire. 16. Who commands at fires. 17. Interference at fire. 18. Injuring hydrant. 19. Injuring telegraph. 20. Penalty. 166. Sect lion 1. That the following fire limits be, and the same are hereby established as the fire limits of the Tillage of Hyde Park: all that portion of the Tillage of Hyde Park lying north of the center line of Forty-seventh street. On the application in writing of the owners of a majority of the front feet in any block not included in the fire limits, the Board of Trustees may, by resolution, extend to such block the provisions of this ordinance. A block shall be construed to mean a space bounded by three or more streets. 107« §2. Ho building shall hereafter be erected in the Tillage of Hyde Park unless a permit for the erection thereof shall have first been obtained from the Superintendent of Public Works. 168. § 3. Ho building or structure of any kind or description, shall be erected or constructed within said fire limits, unless the outside and party walls thereof shall be composed of brick, stone, iron, or other incombustible material; and all buildings which shall or may be hereafter erected or46 ORDINANCES OF THE constructed within said fire limits, shall have outside walls of not less than one foot in thickness ; and if any building shall be more than two stories in height (above the basement), the outside walls of the basement and first story shall not be less than sixteen inches in thickness; and the walls of the stories above the second, shall not be less than twelve inches in thickness, and with the exception of the front walls, shall extend at least twelve inches above the roof: Provided, that build- ings erected and used as dwellings only, may be constructed with walls in all cases, four inches less in thickness than is hereby above specified: And provided further, that any building, cottage or barn, one story in height, may be built with walls not less than eight inches thick; and that brick buildings of one story, not exceeding sixteen feet in height, with walls resting on wooden sills placed not to exceed one foot above the ground, may be erected cn streets where there are no sewers. All posts, beams and other timbers in outside and party walls of buildings in said fire limits, shall be separated at least eight inches from each other with stone or brick, laid in mortar or cement. 3STo building which may be erected within the fire limits, shall have any bay or oriel window constructed of wood, extending over three feet above the floor of the third story of said building; and no cornice of wood shall be placed on any building over two stories in height, not counting the basement, (if any,) as one story. All chimneys shall be carried at least three feet above the roof. Felt, tar, or composition roofing may be allowed in the construction and erection of buildings within the fire limits: Provided, such felt shall be covered with distilled roofing, cement, or other equally non-inflammable material, and well covered with gravel or other non-combustible material. If a French or Mansard roof be placed on any building, its outside surface shall be constructed of fireproof or non-ignitible material. 169. § 4. Sheds not exceeding twelve feet in height at the peak, or highest part thereof, and privies not exceeding ten feet square and twelve feet in height at the peak, may be constructed of wood, and shall not be subject to the provisions of this chapter. Provided, that the term u shed” be construedVILLAGE OF HYDE I’ARK. 47 to mean a structure with a roof sloping one way, with one or more-sides of such structure entirely open. - l1?®. § 5. All depositories for ashes in said village shall be built of brick or other fireproof material without wood in any part thereof. 171. § 6. The owners or occupants of buildings within the fire limits, shall have the right to raise wooden buildings to the established grade ; also, to build basements and cellars of brick or stone, under said buildings. ITS. § 7. Wooden buildings may be erected, or moved within the fire limits, notwithstanding the provisions of this ordinance, in manner following: The party desiring to erect or move any wooden buildings within the fire limits, shall, in a petition to the President and Board of Trustees of the village, describe by plat, plans and specifications, the place where the building is to be situated, and the work designed to be done; which petition shall, if buildings are to be moved, show the present location of the building and the streets through which the same may be moved ; which petition shall be signed by the owners of a majority of the frontage upon each side of the street upon which the building is to be located, for a distance of 500 feet each way; and the President and Board of Trustees upon the presentation of said petition, may, by resolution, permit or refuse to grant the request of such petition under such conditions and provisions as may be specified in said resolution. 173. § 8. It shall be unlawful to erect or repair any wooden building within the fire limits without a permit as above provided. Any and all 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 thereof, shall be torn down or removed by the owner within forty-eight hours after notice from the Superintendent of Public Works of said village. It shall be sufficient notice to the owner or agent of such building, or the person in charge thereof, to post a written notice upon said premises in some conspicuous place. Provided, however, that a verbal notice to such owner or his agent, or the person in charge of said premises, shall be suf-48 ORDINANCES OF THE ficient without such posting. Such damage shall be ascertained in the manner following: The Superintendent of Public Works, the Fire Captain of the district in which such damaged building is situated and the Captain of Police, are hereby Constituted a Board of Examiners to ascertain the extent of such damage, and for that purpose they shall have power to make such examination and obtain such evidence as shall enable them so to do. Whenever such building shall be adjudged by such board to have been damaged by tire, decay or otherwise to the extent of lift}7 per cent, of its value, such building shall be condemned by the Superintendent of Public Works, and it shall be unlawful to repair the same. 174. § 9. Any wooden building which may be erected, enlarged, removed or repaired, or in any process of erection, enlargement, removal or repair, contrary to the provisions of this chapter, shall be deemed a nuisance. 175. § 10. No chimney shall be built with less than four inches thickness of brick or stone, completely imbedded in lime mortar, and plastered on the inside with a smooth coat of the same. No flue shall, in any case, be less than eight by eight inches; and, if intended for two full stories, not less than eight by twelve inches. Holes for stovepipes shall have a sheet-iron thimble, or other fireproof material, inserted into the chimney, imbedded in mortar, and a tin or sheet-iron stopper, with a flange at least one inch wide outside of the brick. 17©. § 11. No stovepipe shall be less than four inches from any wood or other combustible materials, unless there is a double circle of tin connected together, and air-holes through the connecting tin between said pipe and the combustible substance. 177. § 12. No pipe,of any stove shall be put up within said village, unless it be conducted into a chimney made of brick or stone. 178. § 13. No lighted candle or lamp shall be used in any stable or other place or building where hay, straw, shavings or other combustible materials are kept, unless the same be well secured in a lantern. 179. § 14. Yolunteer fire and hose companies may be or-VILLAGE OF HYDE PARK. 49 ganized to embrace such territory within the limits of the village, and adopt such regulations and by-laws, and possess such powers, and may use the hydrants, hose, hose-carts and tire apparatus of the Tillage of Hyde Park, as the Board of Trustees may by resolution direct. 180. § 15. The President of the Board of Trustees, Fire Captain or Captain of Police, at or during any fire, may cut down and remove any building, erection or fence, for the purpose of checking the progress of any fire. Two trustees may command any policeman, or any member of any fire or hose company to blow up with powder or otherwise, any building or erection, during progress of a fire for the purpose of extinguishing or checking the same. 181. § 16. Every person present at a fire, shall be subject and obedient to the orders of the officer in command of the hose or fire company of the district in which such fire may occur. 182. § 17. Ho person shall willfully hinder or offer hindrance to any one in the performance of his duty at a fire. 183. § 18. Ho person shall willfully in any manner injure, deface, or destroy any hose cart, hydrant, hose or fire apparatus belonging to the Tillage of Hyde Park, or any fire or hose company within said-village. 184. § 19. Ho person shall destroy, break or cut any fire-telegraph pole or wire; nor give a false alarm of fire, unless by permission of a trustee to test the efficiency of fire apparatus, or companies. 185. § 20. Any owner, builder or other person, who shall own, build or aid in the erection of any building, or part of a building, within the said fire limits, contrary to, or in any other manner than authorized by the provisions of this chapter; or, who shall own, remove or assist in removing any wooden building within said fire limits, from one lot to another therein; or, who shall own, remove or assist in removing any such building from without said fire limits into the same; and any person who shall violate any of the provisions of this chapter, shall be subjected to a fine not exceeding two hundred dollars in the discretion of the court for the first offense, and 450 ORDINANCES OF THE to a like fine for every forty-eight hours such persons shall fail to comply with the provisions of this chapter, or continue in the violation thereof. Note.—See Chap. VI, “ Buildings.” CHAPTER XXII. GAS COMPANIES. 1. Street mains. ^ 4. To conform to ordinances. 2. Keep map at village hall. 5. Connection at street line. 3. Not to excavate in carriage way. 186. Section 1. Any company putting in pipes shall be required to lay their street mains at a distance of not less than ten feet from the center of the street in said village, and on the south or west, or southerly or westerly sides of streets; and in all cases so that they will not interfere with sewers or water pipes, and according to any resolution of the Board of Trustees. In case water pipes or sewers are laid in any street so that a compliance with the above will cause gas pipes to be placed on the same side of the street or avenue as the water pipes or sewers, then in such case the gas companies shall obtain special permission as to the location of said gas pipes. 187* § 2. Every gas company that has heretofore laid or shall hereafter lay down gas pipes in any street or alley in said village, shall make and keep on file at the village hall an accurate map, showing the exact location and depth of every line of pipe laid by them, and of every lamp post in the village, which map shall at all times be accessible for public inspection. 188. § 3. No gas company shall make any excavations for the purpose of laying down pipes in the carriage way, or any traveled portion of any street in said village, other than as provided in this ordinance, except for necessary crossings. 189. § 4. Every gas company in said village shall conform to all ordinances of said village, and all orders and resolutions of the Board of Trustees.VILLAGE OF HYDE PARK. 51 190. § 5. Whenever any property owner shall have caused gas pipes to be laid at his own expense upon his property under the supervision of any licensed plumber of said village, and in compliance with the laws and ordinances governing the same, from any dwelling .to the street line of the nearest street containing a gas main, it shall thereupon become the duty of any gas company in said village, and every such company is hereby required to connect such pipe with its street main in said street, upon request in writing filed by such property owner in the office of such gas company, and without expense or charge to exceed the actual cost of making such connection, provided the same is laid at a proper grade. CHAPTER XXIII. GRADES, 1. Base for levels. 13. Grades, straight lines—Sidewalks. 2. Grades, how fixed. 14. Construction. 191. Section 1. The base or datum for the levels of the Tillage of Hyde Park is hereby fixed at the plane of low water mark of Lake Michigan in the year 1847, as established by the trustees of the Illinois and Michigan canal, and being fourteen and eighty-eight one-hundredths (14T8F8F) feet below the outer and upper edge of the water table on the northwest corner of the building on the southeast corner of Hyde Park avenue and Oak or 53d street, in the Tillage of Hyde Park; all grades established shall have reference to the base or datum provided for in this section. 192. § 2. The grade of center surface or crown of streets and the top of curbstones is to be of equal heights, and said grades of center or crown of streets shall be fixed at the intersections of said streets, or at points described and specified in the several ordinances establishing such grades. A table of such grades shall be kept for reference in the office of the Superintendent of Public Works.52 ORDINANCES OE THE .193« § 3. All grades shall form straight lines drawn from point to point. All sidewalks shall incline upward from the outer edge toward the line of buildings or lots at the rate of one inch in three feet. 194. § 4. The establishment of any grade shall not be construed to confer any power on any part}', person or firm to fill, raise or lower any street or sidewalk, without having first obtained permission so to do. CHAPTEE XXIY. HEALTH DEPARTMENT. 1. Doctor report infectious diseases. 2. Such person not to be put into streets. 3. Board may order vaccination. 4 and 5. No one shall put filth in street. 6. Shall not store pow der, etc., with- out permit. 7. Tillage Physician—Appointment. 8. Make returns of birth or death to Health Department. 9. Body not to be removed or in- terred without filing certificate. 10. No interment except in cemetery. 11. Penalty. 12. Offensive vault or cesspool. 13. Night scavengers to be licensed. 14 and 15. Privy vaults, etc. 16. Village Physician—Power. 17. Notice of infectious disease—^ Penalty. 18. Police to aid Village Physician. 19. Penalty. 195. Section 1. Every practicing physician in the village who shall have a patient laboring under scarlet fever, small-pox or other infectious or pestilential disease, shall forthwith make a report thereof in writing to the Tillage Physician, describing the locality of the house or place where the said patient may be. 196* § 2. Xo person shall put out, remove or allow to be put out or removed from the premises or place occupied or owned by him, into any street, alley or other public place in said village, any person having the small-pox or any other pestilential disease ; but each owner or occupant shall immediately report such case to the Village Physician or the President of the Board of Trustees. 197« § 3. Whenever, required, by resolution of theVILLAGE OF HYDE PAKE. 53 Board of Trustees, all the inhabitants of the Village of Hyde Park, or any part thereof, shall be vaccinated within such time as said board may prescribe. Provided, it shall be the duty of said board to provide for the vaccination of such persons as are unable to pay for the same at the expense of the village. 198. § 4. Ho person shall throw, place, or conduct, or suffer his servant, child, or family to throw, place, or conduct into any street, alley, or lot, any putrid or unsound beef, pork, fish, hides, or skins of any kind, or any filth, offal, dung, dead animals, vegetables, or other unsound or offensive matter whatever, or anything liable to become offensive. Hor shall any person allow any such filth, offal, dung, or any other offensive matter as aforesaid to be or remain on their premises, or in any building owned or occupied by them, or in any alley or street in front of said premises, in such manner as to be offensive to the neighborhood. 199. § 5. Ho person shall throw, place, or deposit, or cause to be thrown, placed or deposited any dung, carrion, dead animal, offal or other putrid or unwholesome substance, or any substance liable to become unwholesome, putrid or offensive, or contents of any privy, upon the margin or banks or into the water of Lake Michigan within the limits of said village, or upon the margin or banks, or into the waters of Calumet river, or either of its branches, or upon any public grounds, or upon any lot. 200. § 6. Ho person shall store any gunpowder, dynamite, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, petroleum, or any of the products thereof, or other combustible or explosive material within the village, nor suffer any such material to be and remain within any cars standing on any railroad track within the limits of the village, without a permit therefor from the Board of Trustees, to be in writing, and signed by its President. 201. § 7. A Village Physician shall be appointed by the Board of Trustees, to hold office during the fiscal year for which he shall be appointed, who shall be the head of the Health Department of the Village of Hyde Park. The person appointed to such office shall be a regular practic-54 ORDINANCES OF THE ing physician of good standing in the medlcaT profession, and residing in the Tillage of Hyde Part. The Tillage Physician shall keep his office within convenient and accessible distance of the village hall; shall attend to all cases of sickness or injury to persons confined in the village jail, and supply all neces--sary medicines for such purpose free of cost to said village. He shall receive such compensation as shall be fixed by resolution of the Board of Trustees in the annual appropriation for the fiscal year. ¡808. § 8. Every physician, midwife, or other person who may professionally assist or advise at any birth or death, shall make a return of such birth or death to the Health Department of this village, such as is now required by the State Board of Health, to the County Clerk. Said returns of births shall be made to said Health Department within ten days after the date of such birth, and returns of deaths shall be made to said Health Department within twenty-four hours after such death may occur. It shall be the duty of said Tillage Physician to transmit the returns of births and deaths aforesaid to the County Clerk within the time now prescribed by law. 203- § 9. No remains of any human being having died within the corporate limits of the village, or whose body may have been found within the limits of the same, shall be removed from this village for interment or otherwise, nor shall said remains be interred within the corporate limits of the Tillage of Hyde Park, until the return as required in section eight of this chapter shall have been filed at the office of, the Health Department, and a permit first had and obtained for such removal or interment. 204. § 10. No remains of any human being shall be interred within the corporate limits of this village except in a public cemetery or burial ground set apart for that exclusive purpose. Provided, that in cases where friends of deceased prefer their own or private burial ground, burials therein may be permitted. 205. § 11. Any superintendent of any cemetery or burial ground, public or private, who shall receive for deposit or interment, without burial permit as above required, anyVILLAGE OF HYDE PARK. 55 dead body of any person who has died within the corporate limits of this village, or whose body has been found within the limits of the same, shall be deemed guilty of a violation of section nine of this chapter, and shall be fined not less than five nor more than fifty dollars. 306. § 12. Whenever, in the opinion of the health officer, any privy vault or cesspool shall be offensive and need cleaning, it shall be his duty to notify the owner, occupant or agent to cleanse the same within a period of time mentioned in said notice, and such persons so notified shall comply with said notice, and clean and empty said vault or cesspool within the time specified in said notice. • 207. § 13. No person, company or corporation within the corporate limits of the Tillage of Hyde Park shall empty, remove or cover the contents, or any part thereof, of any privy -vault, or in any manner engage in the business of night scavenger, within said village, without first having obtained a license so to do. Provided, that the owners, occupants or agents of privy vaults within the limits of the Village of Hyde Park, desiring to clean and remove the contents thereof themselves, without the aid of the night scavengers, may be allowed to do so upon the written permission of the health officer or his assistant, and then only in such manner and to such place as he, in said permit, shall direct. 208. §14. No person shall erect, maintain, or cause to be erected or maintained, any privy vault, cistern, cesspool or sink upon any property abutting upon any street or alley in which there is a sewer, without connecting said privy vault, cistern, cesspool or sink with the sewer in such street or alley, such connections to be made with suitable traps and maintained in good sanitary condition. 209. § 15. No-person shall draw off, or allow to run off into any ground, street or alley, the contents, or any part thereof, of any vault, privy, cistern, cesspool or sink, nor shall any owner, tenant or occupant of any building to which any privy vault, cistern, cesspool or sink shall be attached, permit the contents or any part thereof to flow therefrom or to rise within two feet of the top thereof, or allow the contentsr>6 ORDINANCES OF THE thereof to accumulate so as to become offensive, nor shall any privy vault be filled or covered with earth until the contents thereof shall first have been removed and said vault cleaned. 210* § 16. The Village Physician shall, in case of pesti- lence or epidemic disease, or where there is danger of importing pestilence or disease, or in case the sanitary condition of the village should be of such a character as to warrant it, take and adopt such measures as he may from time to time deem necessary to prevent the spread of any pestilential, epidemic or infectious disease. He shall have power to cause any house or premises to be cleaned, disinfected or closed to visitors, and to prevent persons resorting thereto while any person is laboring under any pestilential or infectious disease. 211. § 17. The Village Physician shall cause a notice printed or wu-itten in large letters to be placed upon or near any house in which any person may be affected with “ smallpox,’’ “scarlet fever,53, “diphtheria,” or other infectious, pestilential, or epidemic disease, and any person who shall deface, mutilate, destroy, or tear down such notice without having obtained permission to do so from the Village Physician, shall be liable to a fine of not more than fifty dollars for such offense. The occupant of any house upon which such notice shall be placed or posted as aforesaid, shall be held responsible for the removal of the same, and if the said notice is removed without the consent of the Village Physician, such occupant shall be liable to a like fine of not more than fifty dollars for each offense. 212. § IB. The Village Physician is hereby empowered to require the aid of the Police Department to enforce any of the provisions of this chapter as in his discretion may be deemed advisable. 2IS. § 19. Any person who shall violate any of the provisions of this ordinance shall be fined not less than five dollars nor more than two hundred dollars.VILLAGE OF HYDE PARK. 57 CHAPTER XXV. ICE. 1. Impure—Sale prohibited. I 3. Penalty. 2. Weighing*. | 214. Section 1. No person shall sell, or offer or expose for sale, in the Tillage of Hyde Park, any impure ice or any ice which shall contain filth, or any matter, substance or thing, which, when melted, will render the water impure, or the use of the same unhealthfui, and all ice sold, offered or exposed for sale, shall be sold by avoirdupois weight, except in cases where it may be otherwise agreed upon between buyer and seller. 215. § 2. All sellers of ice at the time of delivery thereof shall be provided with a suitable steelyard, balance or other apparatus for weighing, duly adjusted and sealed by the sealer of weights and measures, in case any such officer shall be appointed, with which to weigh the quantity of ice sold, if required by the buyer. 216. § 3. Any person violating any provision of this chapter shall be subject to a penalty of not less than five dollars, nor more than fifty dollars for each offense. CHAPTER XXTL LAMPS. 1. Post office fasten letter boxes. 1 2. Injury to. 21V. Section 1. The post office department hereby have permission, under the direction of the Board of Trustees, to attach and fasten post office boxes to lamp-posts in the Village of Hyde Park. 218. § 2. Ho person shall carelessly or maliciously break, deface or in any way injure or destroy any public lamp or58 ORDINANCES OF THE ]amp-post in this village, norelimb upon, nor hitch any animal to any lamp-post, nor hang or place any goods or merchandise thereon, nor place any goods, boxes, wood, or any other heavy material upon or against the same, nor shall extinguish or cause to be extinguished, or light, or cause to be lighted, any of said lamps, unless duly authorized so to do. CHAPTEK XXVII. LICENSES. 1. Occupations to be 1 icensed. 2. Application, how made. 3. Duration. 4. Sewer builders or plumbers. '5. Vehicles for hire to be licensed. 6. Bonrl to be given by owner. 7. Vehicles and drivers—Lighted lamps. 8. No driver except licensed. 9. Transfer of. 10. Bond to be given—Fee paid. 11. Forfeiture. 12. Right to forfeit. 219. Section 1. It shall be unlawful for any person to exercise or carry on directly or indirectly within the limits of the village any trade, business, occupation or employment mentioned in this chapter without Hi st procuring a license therefor, to wit: Auctioneers and keepers of auction stores, billiard tables, bowling alleys, gunpowder, livery stables, menageries, paintings, scenic exhibitions, statuary, wax figures, and all theatrical and other exhibitions, shows and performances of every nature and kind; also all draymen, hackmen, traffic wagons, junk dealers, night scavengers, pawnbrokers, peddlers, hawkers, plumbers and sewer builders. It shall also be unlawful for any person to exercise or carry on any trade, business, occupation or employment, for which a license or permit is or may be hereafter required by ordinance or resolution of the Board of Trustees of the village, without first procuring such license or permit. This chapter shall not apply to any entertainment made or held by citizens of the village. 220. § 2. Applications for permits and licenses shall be made to the Board of Trustees, and, when ordered by the board, the same shall be signed by the president, countersigned by theYiLLAGE OF HYDE PAEK. 59 “clerk, and attested by the village seal, upon the payment to the comptroller of the sum required in each case by the board,, as fixed by ordinance or resolution. ‘ 221. § 3. No permit or license issued by the Board of Trustees shall extend beyond the fiscal year in which it shall be granted. 222. § 4. No license shall be granted to any person as sewer builder or plumber unless the applicant shall first furnish to the Board of Trustees satisfactory evidence of his skill, competence and ability as sewer builder or plumber, and a bond payable to the Tillage of Hyde Bark, with one or more sufficient sureties, to be approved by the President of the Board of Trustees, in the penal sum of one thousand dollars, conditioned to pay any and all damages which may occur to any person whomsoever, or to the Tillage of Hyde Park, by reason of any injury to any person, property, sewer or drain in said village, caused by or resulting from any act or omission of such licensee, or of any person in his employ, or acting under liis direction; and further conditioned for the performance of all work on the public streets, or connected with sewers or drains in the village, in a good and workmanlike manner, to the satisfaction of the Superintendent of Public Works and said Board of Trustees. Provided, that nothing in this section shall authorize any person to do any act, connected, with sewers or drains, contrary to the provisions of this chapter. 228. § 5. No person shall hire out, keep or use for hire, or cause to be kept or used for hire, for the purpose of carrying or conveying any person, article or thing whatever, within the Tillage of Hyde Park, any hack, carriage,, dray, cart, wagon or other vehicle of any name or description whatever, without a license so to do from the Board of Trustees. 224. § 6. That upon the granting of the license pro- vided for in section five of this chapter, to any owner of any such hack, carriage, dray, cart, wagon or other vehicle to be hired out, kept or used for hire as aforesaid, such owner shall execute to said village a bond, with sufficient surety, to be approved by the President of said Board of Trustees, in the penal sum of three hundred dollars, conditioned for the pay-60 ORDINANCES OF THE ment of all penalties and damages which the said owner or the driver thereof may incnr or be liable to pay under any ordinance of the said Tillage of Hyde Park, in force at the time of the granting of said license, or at any time during the continuance thereof. 225. § 7. All licensed hacks, carriages, drays, carts, wagons or other vehicles, shall have placed upon them, in a conspicuous manner and place, the number of said license, and the driver thereof shall wear, in a conspicuous manner, a badge bearing the number of his license. No person shall drive or use any public hack or carriage on any street or other place in the Tillage of Hyde Park, after dark, without having lighted lamps on both sides of the driver’s seat. 226. § 8. No owner shall permit any person, except a licensed driver or owner, to drive for him any licensed dray, cart, wagon or vehicle owned or used by him. 227. § 9. All licenses granted under the provision of this chapter may be transferred by order- of the said board; such transfer to be signed by the president of said board and attested by the village clerk. The comptroller shall keep a record of all such licenses so granted or transferred. 228. § 10. No license shall be issued to any person for any purpose whatever, until such person shall have given bond, with sufficient sureties, and paid such fee as the Board of Trustees may from time to time provide. 22®. § 11. Any violation of any of the ordinances, rules, regulations or resolutions of said Board of Trustees, respecting any business in this chapter mentioned, or for which a license or permit is or may be required, by any ordinance of the village, by any person who may obtain a license therefor, or by any person in the employment or under the control of such licensee, shall, in addition to all other penalties imposed, immediately work a forfeiture and revocation of such license. 230. § 12. Every license and permit issued by the Tillage of Hyde Park shall be issued only upon the express condition, whether so stated in the license or permit or not, that the Board of Trustees shall have the right to forfeit and revoke such license or permit by resolution at any time, uponVILLAGE OF HYDE PARK. 61 any violation by the person to whom such license or permit was issued, his servants or agents, of any provision of any ordinance of said village, or for any other good cause appearing to the Board of Trustees. Provided,, that upon the revocation of any such license or permit for any cause other than a violation of any provision of any ordinance, the board may, in its discretion, return a part of the fee already paid for such license or permit, proportionate to the unexpired term of such license or permit. CHAPTER XXVIII. MISDEMEANORS. 1. Assault aud battery. 2. Breach of the peace. 3. Drunkenness. 4. Disorderly conduct. 5. Lewdness. 6. Hunting in streets. 7. Fireworks stored in vault. 8. Firing gun on Sundays. 9. Music on Sundays. 10. Disturbing worship of God. 11. Disturbing school, etc. 12. Disturbing funeral procession. 13. Bowling alleys. 14. Bathing. 15. Exposure of person. 16. Fighting. 17. Indecent show. 18. Indecent writing. 19. Cruelty to animals. 20. Injury to bridge, etc. 21. Obscene books, etc. 22. House of ill-fame. 23. Gambling. 24. Gambling house. 25. Lotteries. 26. Cheating. 27. Pasturing cattle in streets. 28. Hogs at large. 29. Breaking pound. SO. Sport to scare horses. 31. Suffering sidewalk to be broken. 32. Scaffolds. 33. Flying kites. 34. Impure milk. 35. Tainted meal, etc. 36. Advertising boards. 37 and 38. Burning standing hay, etc. 39. Dead animal in street. 40. Vagrants. 41. Penalty. 42. Trespass in garden, etc. 43. Offensive animal matter. 44. Transporting same. 45. Rubbish on improved street. 46. Killing small birds. 47. Misdemeanor defined. 231. Section 1. No person shall be guilty of an assault, nor of an assault and battery. 232. § 2. No person shall provoke a breach of the peace, nor use any violent, threatening profane or indecent language to the disturbance of any person, nor use any threatening or abusive language toward any other person tending to a breach of the peace.62 ORDINANCES OF THE 233. § 3. No. person-.shall be intoxicated in any street, highway, thoroughfare, park or public place, or in any private house or place, to the disturbance of any person. 234. § 4. No person shall be guilty of disorderly conduct, nor make, aid, countenance, or assist in making any improper noise, riot, disturbance, or breach of the peace. 235. § 5. No person shall be guilty of open lewdness, disorderly conduct or act of public indecency. 23®. § 6. No person shall shoot any bird or animal, nor hunt with gun or dog in any street, highway, alley, thoroughfare, park, or public grounds. 237. § 7. No squibs, rockets, crackers, bombs, or fire- works, containing powder, or other combustible or explosive materials, shall be kept or stored within the village, except the same be kept or stored in a fire-proof vault. 238« § 8. No person shall fire, or discharge any cannon, gun, fowling piece, pistol or firearms of any description, or fire, explode, or set off any squib, crackers or other thing containing powder or other explosive substances on Sunday. 23®. § 9. No person shall play any musical instrument on Sunday in any street, highway, alley, thoroughfare, public, or unoccupied ground, garden or saloon, to the disturbance of any person, without written permission so to do from the President of the Board of Trustees. 24®. § 10. No person shall, by any menace, profane , swearing, vulgar language, or any disorderly or unusual conduct, interrupt or disturb any assembly of people met for tlie worship of God. 241. § 11. No person shall willfully interrupt or disturb any school or other assembly of people, met for a lawful purpose. 242. § 12. No person shall willfully interrupt or disturb a funeral assembly or procession. 243. § 13. No bowling saloon or alley shall be kept open on Sunday, or at night between the hours of eleven p. m. and six a. m. 244. § 14. No person thall bathe or swim in any lake, river, pond, ditch or body of water within the corporate limitsTILLAGE OE HYDE PARK. 63 of the village, nor in Lake Michigan, within one mile of the shore, in a naked state, amounting to an indecent exposure of the person, during the period of time commencing at sunrise, and ending one hour after sunset. 245. § 15. No person shall appear in a public place in a state of nudity, nor shall make any indecent exposure of the person. 24®. § 16. No person shall instigate, cause or assist in any dog-fight, prize-fight, cock-fight, or any public or private fighting. 247. § 17. No person shall instigate, cause, or in any manner assist in any indecent or immoral show or exhibition. 248. § 18. No person shall write any obscene or indecent words, or make any obscene or indecent pictures upon any bridge, fence, depot, station house, school house, church, building or public place. 24®. § 19. No person shall overload, overwork, torture, mutilate, or cruelly beat or kill any animal, or knowingly allow the same to be done. 25®. § 20. No person shall injure, destroy, deface or assist in injuring, destroying or defacing any bridge, fence, public or private building, sign, lamp, postoffice box, or hydrant. 251. § 21. No person shall exhibit, sell or offer to sell, give away or offer to give away, or have in his possession, with or without intent to sell or give away, any obscene or indecent book, pamphlet, paper, drawing, lithograph, engraving, picture, daguerreotype, photograph, stereoscopic picture, model, cast, instrument or article of indecent or immoral use. 252. § 22. No person shall keep or maintain a house of ill-fame or assignation, or place for the practice of prostitution or lewdness. No person shall patronize or bean inmate of the same, nor let, own or be interested in any house, room or other premises for any such purpose, nor shall keep a common, ill-governed, disorderly house, to the encouragement of idleness, gaming, drinking, fornication or other misbehavior. Whoever violates any provision of this section shall be guilty of maintaining a nuisance.64 ORDINANCES OF THE 5858. § 23. No person shall play for money, or other val- uable thing, at any game with cards, dice, checks or at billiards, or with any other article, instrument or thing whatever, which may be used for the purpose of playing or betting upon, or winning or losing money, or anything of value, nor shall bet on any game others may be playing. ¡854. § 24. dSTo person shall keep a place for gambling in any building, place, booth, yard, garden, boat or float, by him or his agent used and occupied, nor procure or permit any persons to frequent or to come together to play for money, or other valuable thing, at any game, nor shall keep or suffer to be kept any tables or other apparatus for the purpose of playing at any game or sport for money, or any valuable thing, nor shall keep or rent any such place for any such purpose. 255. § 25. No person shall keep, maintain, direct or manage, or aid in the keeping, maintaining, directing or managing of any lottery for the drawing or disposing of money or any other property or thing whatever. 256. § 26. No person shall manage, use or practice any game or device whatever, with intent to cheat or defraud another. 257. § 27. No person shall suffer or permit any cattle to pasture on any highway, alley, park or public ground, nor shall any cattle be allowed to stop for the purpose of pasturing while the same are being driven in a drove or herd thereon. 258. § 28. No person, being the owner or having the charge of swine, shall suffer the same to run or be at large. 250. § 29. No person shall break open, or in any man- ner, directly or indirectly, aid or assist in, or counsel or advise the breaking open of any pound. 2 m. § 30. No person shall engage in any sport or exercise tending to scare horses, injure passengers, or embarrass the passage of vehicles or foot passengers. 201. § 31. No person shall keep or leave open any cellar door, or grating of any vault, on any highway or sidewalk, or suffer the same to be left or kept open, or suffer any sidewalk in front of his premises to become or continue so out of repair as to endanger life or limb.VILLAGE OF HYDE PAKE. 65 262. § 32. All scaffolds erected in this village shall be well and safely supported, and be of sufficient width and properly secured, so as to insure the safety of persons working thereon, or passing under or by the same, against the falling thereof, or of any materials used, placed or deposited thereon ; any scaffold which may be otherwise erected shall be deemed a nuisance; and any person who shall erect or use, or cause to be erected or used, any scaffold contrary to the provisions hereof, shall be subject to a fine of not less than five dollars, and not exceeding one hundred dollars, and to like fine for every day the same shall remain after notice given by any policeman of said village to remove or reconstruct the same. 263* § 33. No person shall raise or fly a kite, in any part of any street, avenue or alley of this village devoted to business, under a penalty of one dollar for every offense. 264. § 34. Ho person shall sell, offer to sell, or dispose of any impure, unwholesome, adulterated, or diluted milk. 265. § 35. No person shall sell or offer to sell any diseased, tainted, putrid, decayed, or unwholesome meat, fruit, vegetables, or provisions. 266. § 36. No person shall erect, maintain or use, except for the purpose of advertising his own business, any sign or advertising board without a special permit from the Board of Trustees. 267. § 37. No person shall burn any standing hay or grass, nor set fire to or burn any leaves or other combustible matter in any street, alley, park or public ground. 268. § 38. No person shall bum or set fire to any combustible matter within the limits of the village, nearer than one hundred feet to any house, fence, barn, shed, or wooden building, unless by the written permission of the Superintendent of Public Works or Captain of Police. 269. § 39. No person shall allow or suffer any dead or disabled dog, horse, or other animal belonging to him, or in his charge, to lie upon any street, aliey, road, or other ground, or public or private place. 270. § 40. Vagrants, mendicants, idle and dissolute persons, who go about begging, .or place themselves in any 566 OEDIKAKCES OF THE highway to beg or receive alms, persons who use any juggling or unlawful games, common drunkards, prostitutes, lewd, wanton and lascivious persons in speech or behavior, or common raiders and brawlers, persons who habitually neglect their employment or calling, and do not provide for themselves or for the support of their families, and all persons who, not having visible means to maintain themselves, are without employment, and habitually frequent houses of ill-fame, gaming houses, dram-shops or saloons, may be imprisoned not to exceed six months, or fined not to exceed two hundred dollars. *27 IL § 4:1. Every person convicted under the last section, upon whom any fine or penalty shall be imposed, may be, on the order of the court or magistrate before whom the conviction is had, committed to the village calaboose or jail* and shall be required to work at such labor as his strength will permit, not exceeding ten hours each working day ; and for such work the person so employed shall be allowed, exclusive of his board, fifty cents per day for each day’s work on account of such fine and costs. 272. § 42. Whoever willfully enters and passes over any garden, yard, or improved field, after being expressly forbidden so to do by the owner or occupant thereof, shall he fined not exceeding five dollars.* 27Z&. § 43. Any person or persons, company or corpora^ tion, or the agents, servants, or employes of any such company or corporation, who shall bring into or transport through the Tillage of Hyde Park, the body or carcass of any unslaughtered dead animal, or any offal, blood, bones, or tank stuff in a state of decomposition, or any putrid or offensive animal matter, shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court having jurisdiction, shall be fined not less than five dollars nor more than one hundred dollars for each and every offense. 274. § 44. Any person or persons, company or corpora- tion, or the agents, servants, or employes of any such company or corporation, owning or operating any railroad or transfer track, any portion of which runs into or through the Village *See Rev. Stats. Ills., Chap. XXXVIII, Sec. 266.VILLAGE OF HYDE PARK. 67 of Hyde Park,, who shall bring or suffer to be brought into or transported through the Village of Hyde Park over their or its said railroad or transfer track, any cars loaded with the body or carcass of any unslaughtered dead animal, or any offal, blood, bones, or tank stuff in a state of decomposition, or any putrid or offensive animal matter, shall be deemed guilty of a misdemeanor, and on conviction thereof before any court having jurisdiction, shall be fined not less than five dollars nor more than one hundred dollars for each and every car so brought into or transported through the said Village of Hyde Park. S’?5. § 45. Ho person shall throw, place, leave, or suffer to be thrown, placed or left, any coal, ashes, refuse, tins or rubbish of any kind upon any paved, macadamized, or otherwise improved street or highway, in the Village of Hyde Park. 276. § 46. Ho person shall ensnare, injure, kill, or attempt to ensnare, injure or kill any robin or other small bird, by means of any trap, sling-shot, stone, missile, gun or weapon of any kind within the limits of the Village of Hyde Park. 277. § 47. A misdemeanor, is any act or omission forbidden by this chapter« OHAPTEE XXIX. NUISANCES. 1. Twenty things declared to be. 2. Rendering establishments. 3. Refuse matter discharged from. 4. Transportation of animal matter, etc. 5 and 6. Agricultural fertilizers. 7. Grocery in filthy condition. 8. Keeping swine. 9. Keeping cattle. 10. Slaughtering animals. 11. Abating nuisances. 12. Penalty. 278. Section 1. It is hereby declared to be a nuisance: jFirst—To so negligently conduct any business or use any premises as to create such an offensive smell as may taint the air, and render it unwholesome or disagreeable to others. Second— To cause or suffer the carcass of any animal, or68 ORDINANCES OF THE any offal, filth, or noisome substance to be collected, deposited, or to remain in any place. Third—To throw or deposit any offal or other offensive matter, or the carcass of any animal, in any water-course, lake, pond, spring, or well. Fourth—To deposit any night soil, dead animal, or other filthy, offensive, or noisome substance upon any lot, street, alley, highway, park or other place. Fifth—To corrupt, or render unwholesome or impure the water of any spring, river, stream, pond, or lake, to the injury or prejudice of others. Sixth—To obstruct or impede, without legal authority, the passage of any navigable river or waters. Seventh—To obstruct or encroach upon public highways, private ways, streets, alleys, commons, wharves and landing places. Eighth—To establish, maintain or carry on any offensive or unwholesome business within the limits of the Village of Hyde Park, or within one mile of the limits thereof. Ninth—To establish a cemetery within the corporate limits of the Village of Hyde Park, or within one mile of the limits thereof, without first having obtained permission so to do by an ordinance of the Board of Trustees. Tenth—For any person to permit or suffer any offal, filth, refuse animal or vegetable matter, which is liable to become putrid or offensive, or injurious to health, to remain on any premises used or occupied by him for a longer period than four hours at any one time. Eleventh—To keep, or suffer to be kept in a foul, offensive, nauseous or filthy condition, any railroad car, building, yard, grounds or premises. Twelfth—To own, keep or use any railroad car, yard, pen, place or premises, in or upon which cattle or swine shall be confined, or kept, so as to be offensive to those residing in the vicinity, or an annoyance to others. Thirteenth—To erect, continue, or use any building or other place, for the exercise of any trade, employment, or manufacture, wThich by occasioning noxious exhalations, often-VILLAGE OF HYDE PARK. 69 sive smells, or otherwise, is offensive or dangerous to the health of individuals, or of the public. -Fourteenth—To locate, without first having obtained permission of the Board of Trustees to do so, any packing house, rendering establishment, tallow chandlery, bone factory, soap factory, or tannery, within the limits of the village, and within the distance of one mile, outside the village limits. Fifteenth—To locate, without first having obtained permission of the Board of Trustees to do so, any brewery, distillery, livery stable, blacksmith shop or foundry, within the limits of the village. Sixteenth—To bring into or transport through the Village of Hyde Park the body or carcass of any unslaughtered dead animal, offal, blood, bones, tank stuff in a state of decomposition, or any putrid or offensive animal matter. Seventeenth—To throw, place or leave, any coal, ashes, refuse, tins or rubbish of any kind, on any improved, paved or macadamized street or highway in the Village of Hyde Park. Eighteenth—To permit anj swill, brine, urine, or other offensive animal substance, or any stinking, noxious liquid or other filthy matter of any kind, to run or fall from or out of any building, vehicle or erection into or upon any street or public place. Nineteenth—To erect, maintain, own or use any sign or advertising board or structure, higher than five feet above the surface of the ground, or more than four feet in width. Twentieth—To erect, maintain, own or use any fence or similar structure exceeding four feet six inches in height unless constructed of pickets or barbless wire. 279. § 2. All premises within the village, kept, occupied or used for the purposes of steaming, boiling, reducing or rendering in any manner any offal, tainted or damaged lard or tallow, or the steaming or rendering of any animal substances, when the same is, or may be kept, occupied, or used in such manner as to occasion any offensive smell, or to so taint the air as to render it unwholesome or offensive to the smell, are severally declared to be a nuisance. 280. § 3. Ho person owning, using, or occupying any70 ORDINANCES OF THE packing-house, distillery, rendering establishment, tallow chandlery, bone factory, soap factory, or tannery, shall cause or suffer any offal, filth, refuse, foul or nauseous liquor, or other offensive matter, or matter liable to become offensive, to be discharged out of, or flow from any such premises, into Lake Michigan, or into any lake lying in whole or in part within the Village of Hyde Park, or the Calumet river, or either of the branches thereof, or any of the slips or canals connected therewith, or into any slough within the jurisdiction of the said village, or in or upon any highway, street, alley, public square, vacant lot, wharf, dock, river bank, or lake shore. 281. § 4. Any person who shall cause animal matter or offal to be brought into the Village of Hyde Park, for the purpose of manufacturing the same into agricultural fertilizer, or other product, or who shall aid or assist therein, shall transport the same in close, tight and covered cars, or boxes, and shall deposit the same in close, tight and covered bins, so that no unwholesome or offensive odor shall escape therefrom. 282. § 5. Every person engaged in manufacturing animal matter or offal into a fertilizer or other product, within the village, shall, before the rendition thereof, thoroughly deodorize the same, by the application of salts, acids, or other chemicals, so that the same shall not be offensive. 283. § 6. Persons engaged in rendering, reducing or manufacturing animal matter or offal into an agricultural fertilizer or other product, shall not— First—Accumulate at any one place, within the jurisdiction of the village, animal matter or offal exceeding one hundred tons, or blood exceeding one thousand gallons. Second—Deposit within the limits of the Village of Hyde Park any meat or offal in an offensive or putrid condition. Third—Permit or suffer any animal matter or offal to remain on premises occupied or used by them for a longer period than forty-eight hours before the actual rendition or manufacture thereof. Fourth—Use or be employed in any factory or other place for such purpose between the first day of April and the first day of November.VILLAGE OF HTDE PARK. 71 284. § 7. The owner or person in charge or possession of any grocery, cellar, soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer, or premises found to be in a filthy, nauseous, offensive or unwholesome condition, or any other unwholesome or nauseous building or place, shall immediately clean, abate or remove the same upon being notified so to do by any officer or policeman of the Village of Hyde Park. 285« § 8. Ho person shall keep, or suffer to be kept, any swine in any inclosure or pen within the distance of two hundred feet of any dwelling house; and any person so keeping or suffering to be kept, in any pen or inclosure on Iris premises, any swine contrary to the foregoing provision, shall be deemed the author of a nuisance. 286. § 9. Ho person shall keep or suffer to he kept in any barn, shed, stall, stable, yard or premises, any cattle for breeding, dairy or fattening purposes in that portion of the Village of Hyde Park which lies north of Fifty-ninth street. Provided, that the keeping of not more than two milch cows shall not be considered a violation of this section. 28Y. § 10. Ho person shall kill or slaughter any neat cattle, hogs or sheep, or keep, maintain or use any house or place in which the business of slaughtering any of said animals may be carried on, without first having; obtained a license so to do from the Board of Trustees; and every person violating any of the provisions of this section shall be deemed guilty of a nuisance, except the owner of animals may slaughter them for his own use, upon his own premises, without such license. 288. § 11. Whenever any nuisance shall be found on any premises within the village contrary to any ordinance of said village, the President of the Board of Trustees is hereby authorized, in his discretion, to cause the same to be summarily abated, in such manner as he may direct. 289. § 12. Whoever violates any clause, section or provision of this chapter, shall be deemed guilty of causing or maintaining a nuisance and shall be fined not less than five dollars and not exceeding two hundred dollars, and may in addition, in the discretion of the justice or magistrate, be imprisoned not exceeding six months.72 ORDINANCES OF THE CHAPTEE XXX. OFFICERS. 1. Elected officers. 2. Appointed officers. 3. Officers enumerated. 4. Oath of office. 5 and 6. Bonds of officers. 10. Trustees may examine papers,etc. 11. Deliver books, etc., to successor. 12. Board may require extra duties. 7. Qualify within ten days. 8 and 9. Compensation. 290. Section 1. The elective officers of the Village of Hyde Park are a Board of six Trustees, a Village Clerk and a Police Magistrate. The board shall elect one of its members president. A police magistrate shall be elected every four years (or oftener to till vacancy), at a regular, annual election. 291. § 2. The other officers of said village shall be appointed by said Board of Trustees, and shall hold their office during the fiscal year in which they are appointed, and until their successors are appointed and qualified. Any officer so appointed may be suspended or removed from office for good and sufficient cause, and all vacancies may be filled by said board. 292. § 3. Said officers may consist of an Attorney, a Village Collector, a Captain and Sergeants of Police, a Comptroller, two Fire Captains, an Oil Inspector, Pound Keepers, a Superintendent of Special Assessments, a Superintendent of Public Works, of Water Pipes, of Water Works, and a Treasurer. The Board of Trustees may also from time to time appoint such other officers as they deem necessary or expedient. 293. § 4. All officers of the village, whether elected or appointed, shall, before entering upon the duties of their re spective offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of-, according to the best of my ability.TILLAGE OF HYDE PARK. 73 Which oath or affirmation so subscribed shall be filed in the office of the clerk. 294. § 5. The official bonds of officers of the village shall be required in the amounts which the Board of Trustees shall by resolution determine at the beginning of each fiscal year. 295. § 6. Each official bond shall have surety, to be approved by the Board of Trustees, and shall be conditioned for the faithful and legal performance of the duties of the officer giving the bond, and for the payment of all public moneys received by him according to law, and for a compliance with the ordinances, orders and resolutions of the Board of Trustees. 296. § 7» No officer shall enter upon the duties of his office until he has given bond as required by this chapter, and if he shall not take the oath and present said bond to the clerk within ten days after notification by the clerk of his election or appointment, his office shall become vacant. 297. § 8. The President and each member of the Board of Trustees shall receive three dollars for each meeting of the Board of Trustees actually attended by him, and no other compensation than for attendance upon such meetings shall be allowed to any trustee for any services whatever. 298. § 9. The Police Magistrate and Oil Inspector shall receive fees as prescribed in the chapters concerning each of said officers. All other officers may receive a salary, fees or other compensation, to be fixed by ordinance or resolution each year, before the passage of the annual appropriation bill. 299. § 10. All books, papers, vouchers, warrants, entries, accounts and memoranda of each and every officer may be examined at any time, by any member of the Board of Trustees. And the Board of Trustees may, by resolution, call upon any officer to make a report in writing of any subject-matter which said board may designate in such resolution, and within such time as said resolution may prescribe. 300. § 11. Any person having been an officer of the village shall, within five days after notification and request,7é ORDINANCES OF THE deliver to his successor in office all property, books and effects of every description in his possession belonging to said village or appertaining to said office. 301. § 12. Each officer, besides the specific duties which he may be required to do by the various provisions of this chapter, shall also perform such other and further duties, and be subject to such other rules and regulations as the Board of Trustees may from time to time require, or by ordinance provide and establish. CHAPTER XXXI. OIL INSPECTOR. 1. Appointment—Duties. 2. Fees—Deputies. 3. To give bonds. 4. Restricting trading by. 5. Account-Entry in book. 6. Notice to. 7. Compensation. 8. Storage of oil. 9. Penalty. 302« Section 1. There may be appointed by the Board of Trustees an Inspector of Mineral Oils. Said inspector shall be a suitable, qualified person, who is neither directly nor indirectly interested in manufacturing, vending or selling, either as principal or agent, any of the articles mentioned in this chapter. He shall at his own expense provide himself with the necessary instruments and apparatus for testing the quality of said articles named in this chapter. It shall be his duty to examine and test the quality of said oils and other materials therewith or therefrom produced, that he shall be requested to examine, and if upon such testing and examination the material so tested and examined shall meet the requirements of this chapter, he shall brand the same with the date of examination, his name, and this device: “ Approved, the fire test being-------55 on each package, cask or barrel containing it, and it shall be lawful for any dealer to sell the same. But if the oil so tested shall not meet the requirements of this chapter he shall mark upon each package, cask or barrel his name, the date of examination, and this device: “Condemned asTILLAGE OF HYDE PAKE. 75 dangerous for illuminating purposes, tlie fire test being -------and it shall be unlawful for the owner thereof to offer the same for sale within the limits of this village for illuminating purposes. SOU. § 2. The Inspector provided for in this chapter may charge not to exceed six cents for inspecting or examining each package, cask or barrel, and collect the same of the party employing him. He may also, if necessary to the convenient dispatch of his duty, appoint a suitable number of deputies, for whom he shall be accountable, who are hereby empowered to perform the duties of Inspector. 304. § 3. Every appointed Inspector or Deputy Inspector shall, before entering upon the duties of his office, take an oath or affirmation to perform the duties of his office with fidelity; and every Inspector shall file a bond to the Tillage of Hyde Park, with two sureties, in the sum of three thousand dollars, conditioned for the faithful performance of the duties imposed upon him, which bond shall be for the use of all parties damaged by the acts of such Inspector, or his deputies. 305. § 4. No Inspector or Deputy Inspector while in office shall buy, sell, bargain or otherwise trade in any articles which it is his duty to inspect; and for any violation of this chapter he or they shall be liable to the forfeiture of his or their bond. 30®. § 5. Every Inspector shall, within twenty-four hours after inspection of oils heretofore mentioned, return a true and accurate account thereof to the party employing him, and shall make an entry of all oils inspected, in an intelligible manner, in a book prepared for that purpose, which shall be open to inspection by all parties. 3®1?. § 6. It is hereby made the duty of every manu- facturer, refiner, producer, vendor or dealer in any of the oils or products mentioned in this chapter to give notice to the Village Inspector within two days after such oils or products shall be brought into the said village, of the existence of the said oil and products in the said village, and such manufacturer, refiner, producer, vendor or dealer shall thereupon and at the time of giving such notice to the said Inspector, request such76 OBDINANCES OF THE Inspector to at once proceed to test and examine tlie said oils or products. Provided, that when oil is received in bulk, the said Inspector shall not be required to test and examine the same until it has been put in casks, barrels or packages ; but all such oil may be tested and examined by the said Inspector before leaving the said village. 308. § 7. The only compensation of the Oil Inspector of the Tillage of Hyde Park is hereby fixed at sixty-six and two-thirds (66-f) per cent, of the revenue received by said Oil Inspector, as such Inspector, and said Inspector shall make monthly reports to the Board of Trustees of all moneys received by him as such Inspector. 309. § 8. It shall be urdawf ul for any person, persons or corporation to keep for sale or on storage any refined carbon oil, kerosene or other products for illuminating purposes, of coal, rock or earth oils, excepting such refined oils as will stand a fire test of one hundred and ten degrees of Fahrenheit, according to the method and directions of John Tagliabue ; and it shall not be lawful to keep any quantity of such articles exceeding two barrels of forty-five gallons each, in any building, unless such building shall be detached and separate from all other buildings, and at least two hundred feet distant from every other building. 310. § 9. Any person, persons or corporation, who shall violate any of the provisions of this chapter, or who shall use or refill casks, barrels or packages having the Inspector’s brands thereon, for the purpose of fraudulently evading the conditions of this chapter, or shall place the Inspector’s device, or any marks purporting to be marks of inspection on any cask, barrel or package of any of the articles named in this chapter, or shall offer for sale within the village any of said articles that have not been examined by said Inspector or his deputy, shall be subject to a fine of not less than twenty-five dollars nor more than two hundred dollars for each offense, one half of which shall go to the informer; and the penalties for a violation of any of the provisions of this chapter may be recovered in any court of competent jurisdiction.VILLAGE OF HYDE PARK. 77 CHAPTER XXXII. ORDINANCES. 1. Style of* ordinances. 2. Passage of, veto, etc. 3. Reconsideration. 4. Yeas and nays taken. 5. Engrossing. 6. Definition of words, etc. 311. Section 1. The style of ordinances passed shall he as follows: “Be it ordained by the President and Board of Trustees of the Tillage of Hyde Park.” 312. § 2. All ordinances passed by the Board of Trustees shall, before they take effect, be deposited in the office of the Village Clerk; and if the President of the Board of Trustees approves thereof, he shall sign the same, and such as he shall not approve he shall return to the Board of Trustees, with his objection thereto in writing, at the next regular meeting of the Board of Trustees, occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriation, contained in any ordinance making an appropriation, or to the entire ordinance; and, in case the veto only extends to a part of such ordinance, the residue thereof shall take effect and be in force. But in case said President shall fail to return any ordinance with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordinance, and the same shall take effect accordingly. 313. § 3. Upon the return of any ordinance by said President, the vote by which the same was passed, shall be reconsidered by the Board of Trustees; and if, after such reconsideration, two thirds of all the trustees elected, (four trustees) shall agree by yeas and nays, to pass the same it shall go into effect, notwithstanding said President may refuse to approve thereof. The vote to pass the same over the President’s veto, shall be taken by yeas and nays, and entered on the journal. 314. § A The yeas and nays shall be taken upon the 7. Penalty. 8. Publication. 9. Proof of. 10. Repealing. 11. Rights saved.78 ORDINANCES OF THE passage of all ordinances, and on all propositions to create any liability against the village, 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 p and the concurrence of a majority of all the trustees elected shall be necessary to the passage of any such ordinance or proposition. 315. § 5. Prior to the passage of any ordinance, a draft of such ordinance shall be engrossed by the Tillage Clerk in the proper book. No ordinance shall be passed until the same shall have been engrossed, and in no case shall the engrossment be waived. No ordinance shall be passed in any event, at the same meeting at which the said ordinance shall have been ordered to be engrossed. The approval or veto by the President of any -ordinance shall be in writing in connection with said engrossed ordinance. Resolutions having the force or effect of an ordinance shall be subject to veto in like manner as in the case of ordinances. 316. § b. The words and phrases following, whenever used in any ordinance, shall be construed to include in their meaning the definitions set opposite the same, in this section, whenever it shall be necessary to the proper construction of said ordinances: First—Action: suit; prosecution; judicial proceedings. Second—Board : Board of Trustees ; the President and Board of Trustees. Third—Court: Justice of the Peace; Police Magistrate ; Justice ; Magistrate ; any court of record. Fourth—He: male; female; corporation; firm; society; singular or plural number. Fifth—Limits:, corporate limits of the Tillage of Hyde Park. Sixth—Number: the singular number shall include the plural, and the plural number shall include the singular. Seventh—Name of officer: the same as though the words, “of the Tillage of Hyde Park” were added. Jdighth—Person: persons ; male ; female ; corporation ; firm; society ; singular or plural number.VILLAGE OF HYDE PARK. 19 Ninth—Prein ises : pi ace. Tenth—President: President of tlie Board of Trustees. Eleventh—Seal: seal of the Tillage of Hyde Park. Twelfthstreet: alley ; highway ; lane ; avenue ; court ; thoroughfare ; parkway boulevard: public ground. Thirteenth—Tax : taxes; special assessment; special tax ; costs; interest or penalty, imposed upon property. Fourteenth—Tense: words in the present tense shall include the future. Fifteenth—Tillage : Tillage of Hyde Park. 317. §7. Any person who shall violate any section, or any clause or provision of any section of any ordinance, where the penalty is not otherwise provided for, or shall fail to perform or omit to do any act or thing required by any such ordinance, shall, on conviction, be fined not to exceed two hundred dollars, and may be imprisoned in default of payment, until the fine and costs are paid, allowing therefor at the rate of fifty cents per day, for each day so imprisoned. 318. § 8. All ordinances imposing any tine, penalty, imprisonment or forfeiture, or making any appropriation, shall, within one month after they are passed, be published under the supervision of the Tillage Clerk, at least once, in a newspaper published in the village, and no such ordinance shall take effect until ten days after it is so published ; and all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provided therein. 319. § 9. All ordinances, and the date of publication thereof, may be proven by the certificate of the clerk under the seal of the corporation; and when printed in book or pamphlet form and purporting to be published by authority of the Board of Trustees, the same need not be otherwise published, and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances as of the dates mentioned in such book or pamphlet, in all courts and places without further proof. 320. § 10. When any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed to renew such former ordinance,80 ORDINANCES OF THE clause or provision, unless it shall be therein so expressly provided. 331. § 11. No suit, proceeding, right, fine or penalty instituted or created, given, secured or accrued under any ordinance previous to its repeal, shall in any wise be affected, i el eased or discharged, but may be prosecuted, and recovered as fully as if such ordinance had continued in force, unless it shall be therein otherwise expressly provided. See See. 13 et seq., Art. 3, Chap. 24, Rev. Stafc. CHAPTER XXXI1L PARKS. 1. Not break trees, etc. I 3. Grass or turf. 2, 'Not post notices. | 4. Penalty $3 to $100. 333. Section 1. No person shall cut, break or in any way injure or deface any tree, shrub, plant, flower, turf or any of the buildings, fences or other structures, or dig into the soil, or into any road in any park, park way, common or public ground within the jurisdiction of the Village of Hyde Park, without permit from the Board of Trustees. 333. § 2. No person shall post or affix any placard, bill, notice or other paper upon any structure or thing within such parks, park ways or public grounds, nor upon any of the fences or inclosures thereof. 334. § 3. No person shall go upon the grass or turf of such parks or public grounds when forbidden by notice. 335. § 4:. Any person violating any clause, section or provision of this chapter, shall be subject to a penalty of not less than three dollars and not more than one hundred dollars for each offense.VILLAGE OF HYDE PAEK. 81 CHAPTER XXXIY. PETROLEUM, DANGEROUS LIQUIDS AND EXPLOSIVES. Ï. When unlawful to, keep or store. 1 3. Bombs and explosives. 2. Manufacture, when prohibited. | 4. Penalty. 326. Section 1. It shall be unlawful for any person, persons or corporation to store or keep on the premises, any crude petroleum, gasoline, camphene, crude naphtha, crude benzine, spirit gas, burning fluid, or spirits of turpentine, exceeding a quantity of five barrels of forty-five gallons each, within any building or buildings not detached and separate from other buildings and at least one hundred feet from any factory or residence, and no crude petroleum, gasoline, cam-phene, crude naphtha, crude benzine, carbon oil, spirit gas, burning fluid or spirits, or other combustible or explosive material, or turpentine, shall be kept or stored in front of any building, nor be suffered to be and remain on any car or cars standing on any railroad track, and within two hundred feet of any building, for a longer time than is sufficient to receive in store or deliver the same, providing such time shall not exceed twenty-four hours, unless a part of such time shall fall on the first day of the week, commonly called Sunday, and then that shall be excepted from said computation; and provided, further, that nothing in this section contained shall prevent the use of naphtha or benzine in the process of manufacturing oil from seeds by the “Yaryan Adamson5’ process in a mill or manufactory constructed for that purpose, under the restrictions above specified in this section as to location. 327V § 2. The manufacture of naphtha, coal or other inflammable oils, excelsior and all other extra hazardous materials is hereby prohibited within any building or buildings not detached and separate from other buildings, and at least two hundred feet distant from any residence or factory. 328. § 3. It shall be unlawful to manufacture, have, keep, or use any bomb or explosive device, containing dyna- 682 ORDINANCES OF THE mite, intro-glycerine, melanite or other explosive substance, and no such explosive other than gunpowder shall be kept or stored within six hundred feet of any building without a written permit from the Board of Trustees. 329c § 4. Any person, persons, firm or corporation vio- lating any of the provisions of this chapter shall be subject to a fine of not less than fifty dollars nor more than two hundred dollars for each and every offense. CHAPTEE XXXV. PLATS. 1. How approved. 1 3. Recording—Fees. 2. Duplicate to be made. | (See “Special Assessments/’ Chap. XLIII.) 330. Section 1. Each and every map, plat or subdivision of any block, lot, sublot or part thereof, or of any piece or parcel of land located within the corporate limits of the Village of Hyde Park, shall be submitted to the Superintendent of Special Assessments, and ex officio Examiner of Plats and Subdivisions, for his approval. Ho such map, plat or subdivision shall be approved by such officer until the same shall be certified by a competent surveyor and acknowledged by the owner as provided by the general law of this State ; and said owner or owners shall make oath, that they believe that they are the owners in fee of the property described in said plat, and shall furnish the certificate of a reputable attorney that he has examined the title to said property and has found the fee thereof to be in the person making such plat, and that such property is free from incumbrance; or if there is any incumbrance on said property, the persons holding such incumbrance shall join in said plat and consent thereto in writing, such consent being written upon said plat and properly acknowledged. 331. § 2. Said Superintendent of Special Assessments shall require a duplicate copy of such map, plat, or subdivision to be presented to him, which he shall approve in like mannerVILLAGE OF HYDE FARE. 83 as tlie original, and shall file in the office of the clerk of said village. 332. § 3. Said Superintendent of Special Assessments shall require the persons making such map or plat to deposit with him a sum of money sufficient to pay the fees of the Recorder of Cook County, Illinois, for recording the same. Upon the approval of such map or plat, he shall file the same in the said recorder’s office. He shall keep a record of all such maps and plats showing the property subdivided, the date of the said approval, and the date of recording; he shall collect the sum of two dollars for each map or plat so approved, which money shall be paid to the Tillage Treasurer; he shall report to the Board of Trustees once each month a list of the maps and plats so approved by him. CHAPTER XXXYL POLICE DEPARTMENT. 1. Police force. 2. Powers of president, 3. Duties of captain. 4. Sergeants—Appointment. 5. Duties of sergeants. 6. Report of defects in sidewalks, etc. 7. Report of accidents. 8. Comptroller to furnish blanks. 9. Oath to be taken. 10. Appointment of policemen. 11. Committee to visit prison. 12. Duties of policemen. 13. Special policemen to report ar- rests. 14. Aiding policemen. 15. Resisting policemen. 16. Destruction of gambling devices. 17. Entering gambling house, etc. 18. Penalty. 19. Captain to report arrests and col- lect penalties. 20. Representing policeman. 333. Section 1. The President and each member of the Board of Trustees, the Captain and Sergeants of Police, policemen, special policemen and such other officers, detectives and patrolmen as may be prescribed by ordinance, shall constitute the police department of said village. It shall be the duty of said police department to enforce all ordinances relative to the preservation of the peace, health, good order and quiet of said village, and the prosecution of all violations of ordinances of the village.84 OKDINANCES OF THE 334. § 2. The President of the Board of Trustees shall exercise a general supervision and control over the police department, and shall see that the various members thereof are prompt and efficient in the discharge of their duties; and he shall, from time to time, take such measures for the preservation of the public peace and good order, and for the prompt and efficient execution of the laws of the State and ordinances of the village, as he. may deem expedient to accomplish the purposes contemplated. He may, with the concurrence of the Board of Trustees, make and establish rules and regulations to be styled, “Police regulations of the Tillage of Hyde Park.’5 335. § 3. The Captain of Police shall have the immediate charge of the police, and see that all “police regulations” are strictly enforced. He shall keep his office at the village hall. He shall be keeper of the village calaboose. He shall make a monthly report to the Board of Trustees, at their first regular meeting of each month, which shall contain the names of all persons arrested by any member of the police department, the reason for the arrest, the magistrate before whom tried, the fine imposed, and whether satisfied by payment or imprisonment, or appealed. Said report shall contain any other matter concerning the police department which may be of interest to the village. At the last meeting of the Board of Trustees in each fiscal year, he shall make an annual report, which shall be a verified summary of said monthly reports. 336. § 4. The board may, by resolution, appoint as many Sergeants of Police as they deem necessary. They shall be numbered first, second, third, and so on consecutively, and shall rank in such order. 337. § 5. The Sergeants of Police shall have charge of the police force in the event of the absence, death or resignation of the Captain of Police, in the order of their rank respectively. 338. § 6. The Captain, Sergeants of Police and policemen shall devote their entire time to the duties of their office. They shall see that all streets, alleys and vacant grounds are kept clean. All sergeants and policemen shall report to the captain any imperfections in sidewalks, crossings, bridges,VIIXAGE OF HYDE PARK. 85. culverts, drains, ditches and sewers on their respective beats. The captain shall immediately report in writing to the Superintendent of Public Works all such imperfections, giving location and extent. 33D. § 7. It shall be the duty of each and every police officer of the village, whenever any accident shall occur within the municipal limits of which he has or should have notice or knowledge, to report forthwith in writing to the Captain of Police, the place, day and nature of the accident; the hour of the day or night when it occurred; the condition of the weather; if at night, whether cloudy, clear or moonlight, and whether the street lamps near by were or were not lighted; the name of each person injured; the extent and nature of the injury suffered; filenames and residences of tfie principal witnesses; and the name and residence of the examining physician, if any, wh'ch shall be entered in full upon a record to be kept for the purpose in the office of the Captain of Police. 340. § 8. It shall be the duty of the Comptroller upon application of the Captain of Police, to procure and furnish suitable blanks for the reports provided for in the preceding section, and books suitable for such records. Such records and the original reports shall be preserved in the police department, and shall be accessible to the officers of the law department of the village at any and all times, but shall not be open to public inspection. 341. § 9. Each policeman and special policeman shall, before entering upon the discharge of the duties of his office, take and subscribe the oath required of the officers of the village by section 4, chapter 30; and if the Board of Trustees shall by resolution so direct, he shall execute a bond to the village, conditioned as in the case of other village officers, with surety to be approved by the President. 342. §10. The Board of Trustees may from time to time appoint as many policemen and special policemen as they shall deem necessary, who shall hold their offices during the pleasure of the Board of Trustees, but not exceeding the fiscal year in which they are appointed; and in case of emergency, the President of the Board of Trustees may appoint special86 ORDINANCES OF THE policemen to act, subject to the approval of said board, at its next regular meeting. No person shall be employed on the police force who is not strictly temperate; and in case any person shall be intoxicated while on duty, he shall be immediately discharged from the force. 343. § 11. The Committee on Police shall visit the village calaboose or prison at least once in each month, and see that it is kept in good order and condition, and inquire into the treatment of the persons confined therein, and shall report to the Board of Trustees without delay any omission of duty on the part of the keeper thereof. 344. § 12. It shall be the duty of all policemen and special policemen, on request, to furnish, at all times, any and all information which may aid any person in finding any park, place, or the residence of any person, and they shall conduct themselves in a gentlemanly manner. They shall report all violations of ordinances and all crimes to the Captain of Police at the earliest moment. They shall take all property found or stolen to police headquarters. They shall arrest all persons found in the act of violating any ordinance of the village, or committing any crime or misdemeanor, and shall in all cases of arrest take the person arrested immediately before the Police Magistrate, or some Justice of the Peace of Cook county, Illinois, doing business in the Tillage of Hyde Park, and prefer a charge against the party so arrested. In case the arrest is at night or on Sunday, the party shall be confined in the village calaboose or prison, or place of safety provided, until it is practicable to have a trial of such offender, and until the person arrested shall be disposed of according to law. They shall render all necessary assistance at all fires. 345. § 13. Each special policeman shall make report in writing to the Captain of Police, forthwith, of all arrests made by him, slating the name of the person arrested, the offense, and what disposition was made of the offender. 346. § 14. It shall be the duty of every person, when called upon by any member of the police department, to promptly aid and assist him in the execution of his police duties.VILLAGE OF HYDE PARK. 87 347. § 15. bTo person shall resist any member of the police force in the discharge of his duty, or in any way interfere with, hinder or prevent such discharge, or offer or endeavor so to do; nor in any manner assist any person in custody of any member of the police force to escape or attempt to escape, nor rescue or attempt to rescue any person in custody. 348. § 16. Any member of the police force of the village may seize any instrument, device or thing used for the purpose of gaming or gambling, and all such instruments, devices or things shall be demolished or destroyed under the supervision of the Captain of Police. It shall be the duty of the police department to suppress gaming and gambling bouses, lotteries and fraudulent devices or practices for the purpose of gaming or obtaining money or property, 349. § IT. In case the owner or keeper of any gambling house or room, disorderly house, or house of ill-fame, writhin this village, shall refuse to permit any policeman to enter the same, it shall be lawful for such policeman to enter, or cause the same to be entered, by force, by breaking doors or otherwise, and to arrest, with or without warrant, all persons found therein. 35©. § 18. Any violation of sections 13, 14 and 15, or of any provision contained in said sections, shall be punished by a fine not less than three dollars nor exceeding one hundred dollars. 351. § 19. It shall be the duty of the police department to report daily to the Comptroller the names of all persons arrested or committed to the calaboose, jail, bridewell, or house of correction, and the Comptroller shall keep a record of the names of all such persons in a book or books to be provided for that purpose. Such books shall show the date of the arrest, or committal, the number of days imprisoned, the amount of the fine, when and to whom paid, and the date of the discharge or other disposition of such persons. It shall be the duty of the Captain of Police to furnish the Comptroller full data for such record at such times and in such manner that the Comptroller shall be enabled at88 ORDINANCES OF THE all times to keep such record completely posted day by day. The Captain of Police shall collect all dues and penalties imposed by the Police Magistrate for violation of village ordinances, and shall on the first day of each and every month pay to the Tillage Comptroller all moneys in his hands belonging to the village. 352. § 20. Any person who shall falsely represent him- self to be a member of the police department of the Tillage of Hyde Park, or who shall maliciously or with intent to deceive, use or imitate any of the signs, signals or devices used by the department of police, or who shall, without authority, wear the uniform accepted as the police uniform, or a star, or other similar device like that of a policeman, shall be fined not less than ten dollars nor more than one hundred dollars for each and every offense. CHAPTER XXXTIL POLICE MAGISTRATE. 1. Fees. j 2. Payment to Village Treasurer. 353. Section 1. The Police Magistrate shall be allowed the sum of one dollar in each case prosecuted for a violation of an ordinance of the village, when the costs can not be collected, or the party convicted, and it shall be._iu.ll compensation for all costs and fees therein. 354. § 2. The Police Magistrate, on the first day of each month, shall pay to the Tillage Treasurer all moneys in his hands belonging to the village, with a detailed statement from whom and on what account such moneys were received, and said treasurer shall duly receipt for all such moneys so paid to him.VILLAGE OF HYDE PARK. 89 CHAP TEE XXXVIII. PUBLIC WORKS. DEPARTMENT OF. 1 and 2. Duties of superintendent. | 3. Time and pay roll. 355. Section 1. It shall be the duty of the Superintendent of Public Works to take the supervision, charge, and direction of all improvements ordered by the Board of Trustees, and to make and prepare all the necessary plans, specifications and estimates for the same; and also to make proper and complete plats and records of the size and location of all sewers and water pipes belonging to the village, as well as of catch-basins, man-holes, connections, ferrules, gates, hydrants,-and of such other matters and things of like nature as properly belong to a well-regulated sewerage and water department, as well as to keep a complete copy and record of all plats of subdivisions that may be approved of by the Board of Trustees ; have the supervision of the village atlas, and maps of the village, and to do all the surveying and civil engineering of the village. He shall certify, in writing, to the description of any land contained in any ordinance, contract and assessment rolls. He shall keep books of account, in which shall be entered a full and complete record of all items of expenditure, of every nature and kind incurred by his department; said books shall be kept in such manner as to show in detail the amount of money expended on each and every improvement, and each separate item of public work. 356. § 2. It shall also be the duty of the Superintendent of Public Works to take the general care and supervision of all the streets, alleys, roads, bridges, drains, culverts, sidewalks, buildings and public grounds belonging to the village, and to.make such repairs and improvements of the same as the Board of Trustees may from time to time order and direct. He shall make a speedy repair of all sidewalks, bridges, streets90 ORDINANCES OF THE or places, which, from any cause, may be in a dangerous condition. 357. § 3. It shall also be the duty of said superintend- ent to keep time or pay rolls for all work, showing the names of all persons employed by him on behalf of the village, with or without teams, as the case may be, the number of days of labor, price per day, and total amount due each person. The superintendent shall certify to the correctness of such roll, and shall, from time to time, report the same to the Board of Trustees. When any such roll shall have been approved and ordered paid by said board, a warrant on the treasurer shall be drawn on the back thereof, to be signed as other orders for the payment of money, specifying out of what particular fund such roll shall be paid; and it shall be the duty of the treasurer to pay the several persons named in such roll the amounts due them respectively, taking their receipt therefor, and such roll, so paid by him, shall be deemed and taken as the voucher of the treasurer to the extent of the amounts paid by him thereon. CHAPTEK XXXIX. RAILROADS. 1. Board to direct grades, etc. 2. Flagman to be maintained. 3. Grates where Board direct. 4. Not to obstruct street. 5. Lights, head and rear. 6. Whistling restricted. 7. Minors on track—Getting on or off cars in motion. 8. Speed north of 43d street. 9. When engine to precede. 10. Elevation of tracks. 11. Improvement of street. 12. Snow, where removed. 13. Stopping at street crossing. 14. Teams to give way. 15. Penalty. 16. Restriction. 358« Section 1. All railroad companies, and the owner of any railroad track, shall raise or lower their railroad track lying within the limits of the village, so as to conform to any grade which may at any time be established for any street, alley or highway by ordinance of the Board of Trustees, and where said tracks run across or lengthwise of any such street,VILLAGE OF HYDE PAEK. 91 alley or highway, they shall keep their railroad tracks on a level with the surface, so that such tracks may be crossed at any place in such street, alley or highway, and all railroad companies, and the owner of any railroad track, shall make and keep open and keep in repair ditches and side drains, sewers and culverts, along and under their railroad tracks, so that iilthy or stagnant water can not stand on their grounds or right of way, and in such manner that the natural drainage of the adjacent property shall not be impeded. 35®. § 2. All railroad companies, and the owner of any railway track, shall station, keep and maintain at all times, at their own expense, at the crossing of their railroad track with any and all public streets or highways, where they may be directed so to do by order or resolution of the Board of Trustees, a flagman, whose duty it shall be to signal persons traveling in the direction of either of such crossings, and to warn them of an approach of any locomotive engine or other impending danger. 3H®. § 3. All railroad companies, and the owner of any railroad track, shall erect and maintain at the crossing of their railroad track with any and all public streets or highways, where they may be directed so to do by order or resolution of the Board of Trustees of the Village of Hyde Park, a gate, so constructed as to extend when closed entirely across the said railroad track, and when open to extend entirely across the roadway of such street or highway, and further, to keep and maintain at all times, at their own expense, at each of such crossings where gates may be so constructed, a gate-keeper, whose duty it shall be to open said gate for the passage of any locomotive engine, car or train of cars approaching and within eight hundred yards of such gate, and at all other times to keep such gate closed across said track. 361. § 4. Ho railroad company, railroad engineer, train conductor, or other person, shall cause or allow any locomotive engine, car or cars, or train of cars, to stop in or remain upon any street or railroad crossing within said village for a longer period than five minutes at any one time, nor shall any cars be stored on any railroad track in said village except upon the freight and depot grounds of said railroad.92 ORDINANCES OF THE 362. § 5. Every locomotive engine, railroad car, or train of cars, running in the night time on any railroad track in said village, shall have and keep while so running a brilliant and conspicuous light on the forward end, and while backing up, on the rear end of such locomotive engine, car or train of cars. 863. § 6. No railroad company shall cause or allow the whistle of any locomotive engine to be sounded except for necessary brake signals, or in approaching highway crossings? or when the same shall be necessary to prevent injury to person or property, exposed to danger upon or near its track; nor shall any railroad company permit the wdiistle of any of its locomotive engines to be sounded, or the engine bell to be rung, at any place in the village north of Fifty-ninth street, except as may be necessary to prevent accident. 364. § 7. It shall be the duty of the police department to arrest, without process, any and all minors who shall be found trespassing on the tracks or right of wTay of any railroad corporation within the Village of Hyde Park; and to arrest on sight each and every person, other than railroad employes in the performance of their duty, who shall be found getting on or off, or attempting to get on or off, any car or train of cars, while in motion, within the limits of said Village. * 365. § 8. No locomotive engine attached to any rail- road freight car or cars shall be driven, propelled or run upon or along any railroad or transfer track north of Forty-third street and west of the east line of Hyde Park avenue within the Village of Hyde Park, at a greater rate of speed than eight miles per hour. 366. § 9. All railroad freight trains passing through the Village of Hyde Park north of Forty-third street, which shall be hauled or propelled by a locomotive engine, shall be preceded by such locomotive engine, and it shall be unlawful to drive or propel any freight train or trains, as aforesaid, except by a locomotive engine attached to the front car of such train. This section shall not be construed in such manner as to interfere with or prevent the backing of any freight car or cars necessary for switching or side-tracking the same, but saidVILLAGE OF HYDE PARK. 93 switching or side-tracking shall not be construed to mean the transferring of car or cars from one point to another between said switches or side tracks. 367. § 10. No horse, cable or dummy railroad track shall be elevated above the surface of the street or any public ground where laid, but shall conform to the grade thereof, established by the Village of Hyde Park at the time of laying such track, and shall be so laid that carriages and other vehicles can readily and freely cross such track at any point in any and &11 directions without obstruction. The gauge of all such tracks is hereby fixed and established at four feet, eight and one half inches. 368. § If- Every person and corporation owning or operating any horse, cable or dummy railroad in said village, shall improve and pave with granite blocks or cobble stones, when ordered by the Board of Trustees, and keep in repair the portion of any street, or public ground occupied by him or it to the width of eight feet where occupied by one track, and sixteen feet where occupied by two tracks, and in conformity with the grade established, or to be established therefor. 369. § 12. No person or corporation owning or operating any horse, cable or dummy railroad in said village, when removing snow from the track of such railroad, shall place or leave the same on any street, highway or public alley in said village. 370. § 13.' All proprietors, engineers, conductors or drivers of any horse, cable or dummy railroad cars are hereby prohibited from stopping any car at any street crossing, so as to interfere with or interrupt the travel of the several streets which such car is required to cross. In stopping cars for the accommodation of passengers, they shall in all cases pass over the respective cross-streets, and not stop until the rear of the ear shall arrive at the last sidewalk crossing in the direction in which the car shall be moving. 371. § 14. In all cases where a team or vehicle shall meet a car upon any horse, cable or dummy railway upon the street of said village, such team or vehicle shall give way to94 ORDINANCES OF THE sncli car. No person shall willfully or maliciously obstruct, hinder or interfere with any such car, by placing, driving or stopping, or causing to be placed or driven at a slow pace or stopped, any team or vehicle, or other obstacle, in, upon or 'across, along or near to the track of such railway, within the limits of said village, after being notified by the ringing of the car bell. 372. § 15. Any person or corporation who shall violate any of the provisions of sections ten, eleven or twelve of this chapter, shall forfeit and pay a penalty not exceeding two hundred dollars for each offense, and a further penalty not exceeding fifty dollars for every day such violation shall continue. Every day’s continuation of such violation shall constitute a new offense. Every other violation of any of the other provisions of this chapter shall be punished by a fine of not less than five nor more than two hundred dollars. 373. § 16. Nothing in this ordinance contained shall be construed as in any manner releasing or relieving any person or corporation from any duty, obligation or liability heretofore imposed by any special ordinance of the Tillage of Hyde Park, CHAPTER XL. RULES AND ORDER OF BUSINESS. BOARD OF TRUSTEES. 1. Meetings—When held. 2. Order of business—How suspend- ed. 3. Order of business. 4. Questions of order. 5. Addressing the President. 6. Resolutions to be in writing— How voted on. 7. Committees. 8. Reports of committees, 9. Bills to be referred. 10. All members to vote—“ Previous question.” 11. Motions—When in order. 12. Motions to adjourn. 13. Reconsideration of vote. 374. Section 1. The Board of Trustees shall hold regular meetings on Monday afternoon of each week, or at such other times as they may by resolution appoint, at the TillageVILLAGE OF HYDE PAKE* 95 Hall. Special meetings may be called by the President, or by any three members of the board. 875. § 2. The order of business shall be as hereinafter set forth, but the same may be temporarily suspended. 87®. § 3. The roll of members shall be first called, and ab- sentees noted. In the absence of the President, the board may elect a temporary chairman. The meeting being organized, the minutes of proceedings of the last meeting shall be read and if necessary amended, and approved. The order of business shall be as follows: 1. Petitions. 2. Peports from standing committees. 3. Reports of officers. 4. Ordinances. 5* Commissioners’ reports. 6. Reports of special committees. 7. Resolutions. 8. Bids. 9. Unfinished business. 10. Miscellaneous business. 877. § 4. The President shall decide all questions of order, and in cases where these rules are not applicable, the board shall be governed by parliamentary law, as laid down in Cushing’s Manual. 878. § 5. Members discussing a question shall address the President and may rise to their feet, and no member shall be deemed to have the floor until recognized by the President. Ho person, except a member of the board, shall be permitted to address the same, unless by the unanimous consent of the board. 879. § 6. All resolutions, and amendments to the same, shall be reduced to writing, handed to the clerk and read by him. If the question in debate contains several distinct prop» ositions, they shall be voted upon separately at the request of any member. 880. § 7. There shall be nine standing committees, each consisting of three members, of all of which the President shall be ex officio a member. The chairman and remaining96 ORDINANCES OF THE members shall be appointed by the President annually, upon entering upon the duties of his office, together with a Water Commissioner, viz.: 1. Finance. 2. Judiciary and assessments, 3. Streets. 4. Drainage. 5. Sidewalks and street lights. 6. Public grounds, buildings and plats, 7. Police. 8. Fire. 9. Licenses. 10. Water Commissioner. 381. § 8. Standing and select committees, to whom references are made, shall report in writing. Any report of a committee of the Board, of Trustees shall be deferred, for final action thereon, to the next regular meeting of the board after the report is made, upon the request of any two trustees present. 382. § 9. No bill against the village shall be allowed by the board, until the'same has been referred to an appropriate committee for an examination, and the same may lie over for one meeting before final action. 383. § 10. Every member who shall be present when a question is stated from the chair, shall vote thereon unless excused by the board, or unless he be directly interested in the question. When the “previous question” is voted, the question shall be, “Shall the main question now be put? ” 384. § 11. When a question is before the board, no motion shall be in order but these: (1) to adjourn; (2) to lay on the table; (3) the previous question; (4) to postpone indefinitely; (5) to postpone to a certain time; (6) to refer; (7) to amend. These motions shall be privileged, and have precedence in the order above stated. Motions to adjourn, to lay upon the table, and the previous question, shall be decided without debate. 385. § 12. A motion to adjourn shall always be in order, except, (1) when a member has the floor; (2) when theVILLAGE OF HYDE PARK. 97 yeas and nays are being called; (3) when the members are voting ; (4) when a motion to adjourn was the last preceding motion ; or (5) when the previous question shall be voted. 38©. § 13. Ho vote of the board shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as many trustees as when such vote was taken. CHAPTER XLL SEAL. 1. Form of. | 2. Custody and use. 38*7. Section 1. The seal heretofore provided and used by and for the Tillage of Hyde Park, (the impression on which is a scroll through the center, with the word “ Illinois” thereon, and with the inscription around the top of said seal of “Hyde Park,” and around the bottom “ Cook County,”) shall be, and is hereby, established and declared to have been, and now to be, the seal of the Tillage of Hyde Park. 388. § 2. The said Tillage Seal shall be and remain in the custody of the Clerk of said Tillage, to be used by the said Clerk and the President of said Tillage in all cases that have been or shall hereafter be provided by law, and in the performance of their duties as such officers. CHAPTER XLIL SIDEWALKS. 1, How constructed. J 3. Stone screenings. 2. Planting spaces. | 4. Ordinance for. 389. Section 1. Sidewalks shall be constructed by property owners, (unless otherwise specially provided by ordi-798 ORDINANCES OF THE nance,) in proportion to the frontage of their lots or parcels of land upon such sidewalks. Said sidewalk to be six feet wide, of two-inch pine plank, not exceeding six inches in width, planed upon the upper side, laid crosswise, cut to a line on both edges, supported by three bearing pieces of two by six-inch timber, and nailed with five thirty-penny nails to each plank. All lumber to be good common. 39©» § 2. On all “streets,” “avenues,” “places” or “ courts,” the space upon each side thereof, designated for sidewalks and grounds for adornment, outside of which curbstones may be set, may be as follows: on highways one hundred feet wide, twenty-four feet; eighty feet wide, eighteen feet; sixty-six feet wide, fourteen feet. 391. § 3. Said sidewalks when provided by special ordinance for their construction may, in lieu of the plank sidewalks specified in section one, be constructed as follows, to-wit: The outer eight (8) feet in width of the street to be graded uniformly, and the center six feet thereof to be covered writh fine stone screenings, no surface stone of which shall exceed one-half (J) a cubic inch in contents, the upper surface of which shall conform to the grade of the street, and be kept in place by a wooden curb on each side thereof, constructed of lumber one (1) inch in thickness and four (4) inches in width, placed edgewise; said curb to be supported by posts two (2) inches in thickness, four (4) inches in width, and sixteen (16) inches in length, set in the ground at equi-distant points, not to exceed six (6) feet apart, being nailed thereto with not less than two (2) tenpenny nails to each post. The grade of the curb and that of the top of said post to conform to the grade of the street. All lumber to be good common. The whole to be thoroughly rolled wfith a roller of not less than five hundred pounds weight. 392. § 4. Every ordinance for the construction of any sidewalk shall state the section of this chapter in accordance with which the same shall be constructed. Such ordinance shall designate the officer who shall act as collector of the special tax for making said improvement, and the clerk shall issue the warrant accordingly.VILLAGE OF HYDE PARK. 99 CHAPTER XLIIL SPECIAL ASSESSMENT DEPARTMENT AND SUPERINTENDENT. 1. Special assessment department. 2. Superintendent of same. 3. Appointment of superintendent. 4. Duties of superintendent. 5. Surplus after improvement com- pleted. 6. Action of trustees and comp- troller. 7. Rebate docket—Certificate. 8. Certificate, how paid. (See “ Plats ^ Chapter XXXY.) 398. Section 1. There is hereby created an executive department of the Tillage of Hyde Park, to be known as the Special Assessment Department, which department shall be in charge of an officer to be designated the Superintendent of Special Assessments. 894. § 2. There is hereby created the office of Superintendent of Special Assessments, who shall have charge and control of such department, subject to the ordinances of the village, and the rules of the Board of Trustees. 895. § 3. Such officer shall be appointed by the Board of Trustees at the same time, and in the same manner as the other officers of said village are appointed, and he shall be subject to the provisions of all ordinances relating to such appointment, and shall give bond in a sum not less than $1,000. 89®. § 4r. It shall be the duty of the said Superintend- ent to keep a complete record of the work of such department. He shall have charge of all proceedings in reference to Special Assessments, including all assessments for public improvements, subject to the direction of the Tillage Attorney. He shall keep a docket of all assessments, condemnations and sidewalk proceedings, and a record of court proceedings relating thereto. He shall perform such other duties as the Board of Trustees shall from time to time require. 897. § 5. When it shall appear from the records of the Tillage Comptroller’s office, that all the costs and expenses of any improvement, which have been made by special assess-100 ORDINANCES OF THE ment, have been fully paid and satisfied, and that there has been a sum of money collected over and above the entire cost of such improvement, it shall be the duty of the Comptroller to report to the Board of Trustees such fact and state in writing the amount of such excess. 398. § 6. Upon such report being made, the Board of Trustees being satisfied of such fact, shall order a warrant drawn in favor of the Comptroller for said sum of money. When said sum of money has been paid to the Comptroller he shall notify, in writing, the Superintendent of Special Assessments, or person in charge of the department, of the fact of there being such an excess, stating the amount. 399» § 7. The Special Assessment Department, or per- son in charge, shall keep a rebate docket, in which shall be set forth said assessment, with the description of the property and the amount assessed to each and every lot, block, piece or parcel of land. Upon receiving said notice, the person in charge of such Special Assessment Department shall extend opposite each and every lot or parcel of land, its pro rata share of such rebate. Upon the presentation of the tax receipts showing the payment of such special assessment, the person in charge of said department shall issue a certificate to the Comptroller, that the person so paying said assessment is entitled to such rebate, showing in said certificate the description of said property and the amount of the rebate. 4®0i § 8. Upon the presentation of such certificate, the Comptroller shall pay to the person named therein the amount of money so certified to, taking his receipt therefor. It shall be the duty of the Comptroller to keep an account of each and every such assessment, with the sums of money paid out as hereinbefore required, and whenever the full amount of any such rebate has been paid out^ to report such fact to the board.VILLAGE OF HYDE PAhK. 101 CHAPTER XLIV. STREET NAMES AND NUMBERS. 1. Decimal Bystem, 2. Map gives street names, 8. Details. 4. Number—Issue of. 5. Size and place of number. 6. Penalty. 401. Section 1. The decimal system of numbering streets is adopted. Highways running east and west shall be called “streets,” and those running north and south, “avenues.” As near as may be, “streets” and “avenues” shall be one eighth of a mile apart, running on Section, Township and Range lines. Intermediate highways, if running east and wTest, shall be called “places,” and if running north and south, “courts.” The street which forms the west boundary of Hyde Park shall be called “ State,” or “ First Avenue.” The base line for numbering all streets as above described, shall be as follows: From 39th street to and including the south line of 50th street, the west line of the right of way of the Illinois Central Railroad Company. From 50th street to and including the south line of 56 th street, the shore line of Lake Michigan. From the south line of 56th street to the south line of 66th street, the west line of Stony Island avenue. From the south line of 66th street to the point of intersection of the south shore line of Lake Michigan with the eastern boundary line of the State of Illinois, to the south line of the town, said east boundary line of the State of Illinois. The street which forms the north boundary of the village, known as 39th street, shall be the base line for numbering all avenues south of it. 402. § 2. The highways of the Tillage of Hyde Park shall hereafter be known and designated by the names applied thereto respectively on the map of said village, unless otherwise provided by resolution or ordinance of the Board of Trustees. 403. § 3. The space formed by the intersection of streets and avenues shall have one hundred numbers assigned102 ORDINANCES OF THE to it upon avenues, which numbers shall always occupy units and tens places, and the number of the street or avenue prefixed, shall constitute its number. Each twenty feet front, including space formed by street intersections on streets running east and west, shall be entitled to a number. Each twenty feet front on avenues running north and south, shall in like manner be entitled to a number. The east side of avenues and the north side of streets shall be numbered with odd numbers, and the west side of avenues and the south side of streets shall be numbered with even numbers; so that on avenues running south from 39th street, the numbers on the east side shall commence with 3901, and on the west side with 3900; and on streets running east and west, shall commence with 1 on the north side of said streets at the east end thereof, and on the south side with 2. 4©4. § 4. The Superintendent of Public Works shall issue a certificate of number and shall charge such fee as the Board of Trustees may direct. 405. § 5. Each of the figures of every number shall be not less than three inches in length, being so marked as to be easily and distinctly read; said number to be placed in a conspicuous place on the side of, or immediately above, or upon the front door of the building. 406. § 6. Any person being the owner or occupant of any building in the Tillage of Hyde Park, who, after being notified under resolution of the Board of Trustees, shall for sixty days neglect or refuse to number any building owned or occupied by him, in conformity with the provisions of this ordinance, or who shall number such building without having first obtained from the Superintendent of Public Works a certificate designating the proper number of such building, shall be subject to a penalty of not less than five dollars, and a further penalty of not less than five dollars for every thirty days thereafter that he shall neglect or refuse to number said building, or shall maintain thereon an erroneous number, contrary to the provisions of this chapter.VILLAGE OF HYDE PARK. 103 CHAPTER XLV STREETS AND BRIDGES. 1. Walk on bridges. 2. Not write obscene words. 3. Fastening animals. 4. Sign boards. 5. Awnings. H. Immoderate driving. 7. Not drive on sidewalk. 8. Obstructing street. 9. How removed. 10 and 11. Moving buildings. 12. Livery stables. 13. Not erect in streets. 14. Dug up, how replaced. 15. Obstructing improvement. 16. Not to open street, etc., with- out permit. 17. To place barriers. 18. Porch steps, etc. 19. Turning to the right. 20. Minimum width of road bed. 497. Section 1. Ho person shall ride or drive over any bridge faster than a walk. 408. § 2. Ho person shall post or paste any advertisements, without written permission of the owner, upon any bridge, fence, building, depot, station house, school house, church building, or public building or place. 409. § 3. Ho person shall leave any animal unfastened, or shall fasten any animal to or injure any fire hydrant, lamp post, fence, railing, ornamental or shade tree, shrub or any other thing liable to be injured thereby, in or upon any park or highway. 410. § 4. Ho person shall ereet, or cause to be erected, any sign, signboard or other obstruction to the sight, extending more than four (4) feet over any sidewalk, avenue, street, lane or alley within the limits of the Village of Hyde Park. 411. § 5. All awnings in any portion of the streets of the Village of Hyde Park, shall be covered with cloth, leather or other light and pliable substance, and securely attached to the building and properly supported without post, by iron or other metallic fastenings and supports, and shall be elevated at least eight feet at the lowest part thereof above the top of the sidewalk, and shall not project over the sidewalk to exceed three fourths of the width thereof, so as to leave the sidewalk wholly unobstructed thereby, and no such awning shall be erected of or repaired with wood, either wholly or in part. Any person who shall erect or repair any awning contrary to104 ORDINANCES OF THE the provisions hereof, or refuse or neglect forthwith to remove any awning or awning posts heretofore or hereafter erected or repaired, contrary to the provisions hereof, shall he subject to a penalty of five dollars for every offense, and to a further penalty of five dollars for every day he shall fail to comply with a notice, after a lapse of three days from the service thereof, from the Captain of Police to remove the same. 412. § 6. Mo person shall ride or drive any horse, or other animal, in any park, highway, avenue, street or alley, at a rate of speed exceeding seven miles per hour. 413. § 7. No person shall drive any horse, wagon, cart or other vehicle over any sidewalk, or use, ride or drive any horse, wagon or other vehicle thereon. Provided, that the use of a horse and snow plow on any sidewalk, to remove snow therefrom, shall not be deemed a violation hereof. 414. § 8. Any person, company or corporation who shall incumber or obstruct, or cause to be incumbered or obstructed, any street, alley, public landing, wharf, pier or other public place in said village, by placing therein or thereon any building materials, or any article or thing whatsoever, without having first obtained written permission from the Superintendent of Public Works, shall be subject to a penalty of not less than $5 nor more than $50 for each offense, and the further penalty of $10 for each day or part of a day such incumbrance or obstruction shall continue. The party obtaining such permission shall first give bond in such penal sum as the Superintendent of Public Works may direct, conditioned that he shall comply with all the conditions mentioned in said permit, and shall cease to incumber or obstruct said street, alley, or other public place, after the expiration of the time mentioned in said permit, and shall thereupon, without cost to said village, restore said street to as good condition in all respects, as before his use, occupation, incumbrance or obstruction thereof; and shall remove all material and debris from the space so occupied, and shall indemnify and save harmless the said village and its officers against and from all costs, judgments and decrees which may be recovered againstVILLAGE OF HYDE PARK. 105 said village, or any of its officers, in any proceeding arising from or growing out of the use or obstruction of said street as aforesaid, or by reason of any excavation, opening or obstruction, or other impediment left in said street, or by reason of any accident or casualty occurring before the completion of said work in consequence of said obstruction or impediment. The person obtaining such permit shall pay any water tax required by any village ordinance, or resolution of the Board of Trustees, and also a fee of $1 for each month during which said permit shall remain in force. 415. § 9. Any member of the Board of Trustees, the Superintendent of Public Works, Captain of Police, or other police officer, are hereby authorized to order any article or thing whatsoever which may incumber or obstruct any highway, street, alley, public landing, walk or pier within said village, to be removed. Any such incumbrance or obstruction remaining more than six hours in any highway, street, alley, public landing, walk or pier as aforesaid, shall be deemed a nuisance, and it shall be the duty of the Captain of Police to abate the same forthwith. 41®. § 10. No person shall remove, or cause to be re- moved, or aid or assist in removing, any building into, along or across any street, alley or public ground in the village, without first obtaining written permission from the Board of Trustees if within the fire limits, and of the Superintendent of Public Works if elsewhere in the village. 417. § 11. No owner of any building, or the contractor for its removal, or either, or both, shall suffer any building, for the removal of which written permission lias been had in accordance with the foregoing section, to remain in or upon any street, alley, or public ground of the village, for any time longer than may be prescribed and specified in such written permission. 418. § 12. No person shall locate, build, construct or keep any livery stable or barn, or keep or maintain in any livery stable or barn any horses other than those required for his own private use, in that portion of the Tillage of Hyde Park north of 63d street except he shall first obtain a written per-106 OEDIHANCES OF THE mit from the Board of Trustees. Such permit shall be issued in the maimer provided in Chapter 27 of the Municipal Code of Hyde Park. Ho such- permit shall be issued unless the applicant therefor shallfirst file with the Comptroller a petition in writing, showing the written consent to the granting of such permit of all the owners of property within 500 feet of the lot or lots upon which itis proposed to construct or keep such livery stable, on both sides of the street upon which said stable is located. Any livery stable erected or maintained in violation of the provisions of this section is hereby declared a nuisance. Any person maintaining such nuisance shall be fined on conviction not exceeding five nor more than two hundred dollars; and shall be liable for a like penalty for every week such nuisance is maintained after such first conviction. 419. ,§ 13. Ho person shall erect, or place any fence or building, wholly or in part, upon any street, alley, sidewalk, park, or other public ground. Any building, fence, or other obstruction upon any street, alley, sidewalk or public ground in this village, shall be deemed a nuisance; and it shall be lawful for any member of the Board of Trustees, or Superintendent of Public Works, or Captain of Police, to cause the same to be removed or taken down in such manner as they, or either of them, shall deem best; and every person who shall oppose or resist the execution of the orders of said member of the Board of Trustees, or Superintendent of Public Works, or Captain of Police, in the premises, shall forfeit and pay a penalty not exceeding one hundred dollars, nor less than ten dollars. ... 420. § 14. When any part of any street, alley, sidewalk, or other public place in the village, shall be torn or dug up, or taken up for any purpose, the person so tearing, digging or taking up any earth, paving, planking, graveling, or macadamizing, shall, immediately upon the completion of such purpose, and’ as fast as practicable after the accomplishment thereof, return the earth, ram and puddle the same as fast as returned, to a firm and solid bearing, and in a manner that will entirely prevent any settling of such earth, and shall also reday all paving, planking, graveling and macadamizing in a skillfulTILLAGE OF HYDE PARK. 107 and permanent manner, and in every case to the satisfaction of the Superintendent of Public Works. 421. § 15. No person shall injure, dig, or remove any sod, stone, earth, sand or gravel, from any street, alley or public ground in the Tillage of Hyde Park, or cause, or procure the same to be done, or hinder or obstruct the making or repairing of any public improvement, or work, ordered by the Board of Trustees, or being done under the authority of the Superintendent of Public Works. 422. § 16. No person shall injure, tear up, raise or lower, any street, pavement, side or cross walk, or any part thereof, without first having obtained a written permit from the Superintendent of Public Works. No such permit shall be issued until such applicant shall have deposited with the Tillage Comptroller such sum as the Superintendent of Public Works may direct, not less than twenty-five dollars, as security for the replacement of such street, pavement, side or cross walk in as good condition as before the issue of such permit, and to the satisfaction of the Superintendent of Public Works. In case such street, pavement, side or cross walk, or any part thereof, shall not be restored satisfactorily as aforesaid within the time mentioned in such permit, it shall be the duty of the Superintendent of Public Works to cause such restoration to be made forthwith, and the expenses thereof shall be deducted from such deposit. 423. § 17. Whenever any person shall do any work which shall require the digging up, use or occupancy of any street, alley, highway or public ground, such person shall, during the night time, put up and maintain such barriers and lights as will effectually prevent accident in consequence of such digging up, use, or occupancy of said street, alley, highway, or public grounds. 424. § 18. No porch, gallery, stoop, steps, cellar door, stair, rail, or platform erected, or to be erected, within the village, shall be allowed to extend upon or into any sidewalk, and no bow-window shall extend into, or over any sidewalk more than two feet, and shall be atleast eight feet above grade line; nor shall any cellar door, at its outer edge, rise or project above the surface-of the sidewalk.108 ORDINANCES OF THE 425. § 19. Whenever any persons, riding or driving, shall meet on any street or highway, the persons so meeting shall seasonabiy turn to the right of the center of the road, so as to permit each to pass without interference or collision. 42®. § 20. The minimum width of the road beds of the streets shall be thirty-four feet. Every ordinance hereafter to be drawn for the improvement of a street shall provide for a road bed of a width not less than thirty-four feet. Provided, that the foregoing shall not apply to intermediate highways of not more than one block in length and known as places or courts, wherever in the judgment of the Board of Trustees the location of such place or court shall not require a road bed of such minimum width. CHAPTER XLYI. TREASURER. 1. 2. 3. Receive all moneys—keep complete accounts. Money paid from particular funds. Form of warrants. 4. 5. 6. Monthly report. Annual report. Not to be re-appointed. Attendance at village hall. Weekly statements. 42Y. Section 1. The Treasurer shall receive all moneys belonging to the corporation, and shall keep his books and accounts in such manner as may be prescribed by this chapter, and such books and accounts shall always be subject to the inspection of any member of the Board of Trustees. He shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto. He shall give every person paying money into the treasury a receipt in duplicate 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. Said books shall be kept by him, or under his direction, so as to show at all times the exact condition of the moneys under his control, and of each account with the several funds or appropriations, and of all disbursements by him made, and shallVILLAGE OF HYDE PAKE. 109 be by liim handed over to his successor, with the other books and accounts pertaining to his office. Said books shall be balanced at least monthly. Said books, besides such others as said Treasurer may deem it necessary to keep, shall embrace the following: First—A general account book, to be termed the “ Village Treasurer’s Entry Book,” in which the Treasurer shall enter to the credit of the village, as soon as received by him, all sums of money paid over to him, and which shall succinctly and intelligibly show the date when, the amount from whom, and from what source the same is paid into the treasury. To the debit of the village, the Treasurer shall enter therein all disbursements by him made, and on what account, and upon what warrants, giving the date, number and amount of each warrant, from what fund paid, and the name of the person to whom each payment is made. Second—An account book to be styled “ Village Account Book,” in which shall be entered and kept by said Treasurer a separate account of each fund or appropriation, raised by general taxation, and the debits and credits belonging thereto. "Where specific sums of money have been provided for particular items, under the head of any appropriation, said book shall also show the account with each item of such appropriation, wfith its debits and credits. Each account shall also show at its head the amount of the appropriation for such account fixed in the annual appropriation bills, from year to year. The debit and credit entries shall, in an abbreviated form, explain their character, in manner similar to that provided for entries in the “.Village Treasurer’s Entry Book.” Third—A book to be termed the “ Village of Hyde Park Special Assessment Account Book,” in which shall be kept by the Treasurer, an account with each special assessment, under its general description and number, of all moneys received on such assessment, with the debits and credits belonging thereto. The debit and credit entries shall be made in an abbreviated form, in manner similar to that provided for entries in the entry book. Said Assessment Account Book shall also show at the head of each account the amount assessed for public benefits, and also for special benefits.110 ORDINANCES OF THE Fourth—A book to be termed the “Tillage Warrant Register,” in which the Treasurer shall register all warrants redeemed and paid by him, and which shall show the date, amount and number of each warrant so paid, the fund from which, and when the same is paid, and the name of the person to whom paid. 428. § 2. No money shall be paid from the treasury upon any warrant, except from the moneys belonging to the particular fund, or appropriation, or item thereof, upon which such warrant shall be drawn ; nor shall money be transferred by the Treasurer from one fund to another, after it has been received by him, nor appropriated to any other purpose than that for which it has been collected or paid, without the express vote of a majority of the Board of Trustees. 429. § 3. All warrants drawn upon the Treasurer must be signed by the President of the Board of Trustees and countersigned by the Tillage Clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable; and no money shall be otherwise paid upon such warrants so drawn, except as hereinbefore provided. 430. § 4. The Ti •easurer shall at the end of each and every month, and oftener if required, render an account to the Board of Trustees under oath, showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such account with a statement of all moneys received into the treasury, and on what account, together with all warrants redeemed and paid by him; which said warrants, with any and all vouchers held by him, shall be delivered to the Tillage Comptroller upon every day of such settlement. He shall return all warrants paid by him, stamped or marked “ paid.” 431. § 5. The Treasurer shall annually, between the first and tenth of April, make out and file with the Comptroller a full and detailed account of all his receipts, expenditures and transactions as such Treasurer, during the preceding fiscal year, and shall show in such account the state of the treasury at the close of the fiscal year.VILLAGE OF HYDE PAEK. Ill 432. § 6. No person holding, or who may hereafter hold the office of Treasurer of the Village of Hyde Park, shall be eligible for re-appointment as his own successor. 433*. § 7. It shall be the duty of the Treasurer to keep the books and accounts pertaining to his office at the Village Hall, and he shall attend in person or by his duly authorized clerk at the Village Hall at slated hours of each and every day, sufficient for the performance of his duties as said Treasurer. He shall post conspicuously a notice of the hours of such attendance, upon the door of the room occupied by him at the Village Hall as such Treasurer. 434. § 8. The Treasurer shall furnish to the Board of Trustees weekly statements of the balances in the general funds. CHAPTEE XLVII. TREES. 1. Where planted. 13. May be transplanted. 2. Not to be cut. ¡4. Shall be trimmed. 435. Section 1. All shade and ornamental trees shall be planted at least two feet inside of the outer line of the sidewalk, as defined and established by the chapter relative to sidewalks. 43®. § 2. No person shall cut, break, or otherwise in- jure or destroy, any shade or ornamental tree other than his own, upon any sidewalk or elsewhere. 437. § 3. If any tree shall have been heretofore planted without the line established at the time the same was set out, or shall hereafter be planted in violation of this chapter, the Superintendent of Public Works shall have power, in his discretion, to cause the same to be taken up and properly set out. Provided, that in no case shall such discretion be exercised unless such tree shall form a material obstruction to the street or sidewalk; nor unless the season shall be favorable for transplanting the same.112 ORDINANCES OF THE 438. § 4. If trees shall be suffered by the owner or occupant of any premises to grow in such a manner as to obstruct the reflection of the public lamps, or the passage of persons, it shall be the duty of the Superintendent of Public Works to notify the owner or occupant of the premises forthwith to trim the same, in a manner to be specified in the notice. If any person shall refuse or neglect to comply with such notice, it shall be the duty of said Superintendent to cause such trees to be trimmed, and the person so neglecting or refusing shall be subject to a penalty of five dollars for each violation of this section. CHAPTER XLVIIL WAGONS. 439. Section 1. All wagons, trucks, drays, carts or other wheeled vehicles, used for traffic in the Village of Hyde Park, shall pay an annual license fee graduated in accordance with the following table: WEIGHT OF WAGON AND MAXIMUM LOAD. WIDTH OF TIRE IN INCHES AND FRACTIONS. 2 234 &A\ 2% 3 334. 3 M |3M 4 434 over 414 Not exceeding 1000 “ “ 2000 lbs. 8 .50 .50 “ 150 % 1.30 $ 1.12 $ .93 8 .75 $ .50 .50 “ “ 3000 “ 3.00 2.62 2.25 1.87 1.50 1.12 $ .50 .50 « “ 4000 “ 6 00 5 25 4.50 3.75 3 00 2.25 1.50 8 .50 .50 “ “ 5000 12 0o 10 50 9.00 7-5H 6.00 4 50 3 0“ 1.50 8 .50 .50 “ “ 6000 “ 24.00 21.00 18.00 15.00 12.0' 9 00 6 00 3 00 1.50 .50 “ “ 8000 “ 48.00 42 00 36.00 30 0 24.0 18.00 12.00 6 00 3.00 $1 50 .50 CHAPTER XLIX. WATER DEPARTMENT. 1. Establishment of. I 8. Water Works Division. 2. Water Rates Division. | 4. Water Pipes Division. 440. Section 1. That there is hereby established an Executive Department of the Village of Hyde Park, which shall beVILLAGE OF HYDE PAKK. 113 known as the Water Department. The Water Commissioner shall be ex-officio the head of such department. Said department shall be divided into three divisions, to be known respectively as the Water Rates Division, the WaterWorks Division and the Water Pipes Division. 441« § % The Comptroller shall have charge of the Wa- ter Rates Division and of the collection of water rents or assessments. He shall issue all licenses, and receive all deposits for opening the streets in accordance with the ordinances of the Village. 442. § 3. The Superintendent of the Water Works shall have charge of the Water Works Division, and of the water works of the Village, and shall perform such duties as may be required of him by the. Water Commissioner and Board of Trustees, or by the ordinances of the Village. 443. § 4. The Superintendent of Water Pipes shall have charge of the Water Pipes Division, and of all the water pipes, and of the tapping and repairing of the same. He shall act under the direction of the Superintendent of Public Works, who shall issue all water permits, lay all Village water pipes when directed by the Board of Trustees, and perform such other duties in relation thereto as may be required of him by the Water Commissioner and Board of Trustees or by the ordinances of the Village. CHAPTER L. WATER TAKERS. 1. Permit to use water. 2. Not interfere with hydrant, etc. 3. Permit to dig* in streets. 4. Permit to change pipe, etc. 5. Excavations when ground frozen. 6. Penalty $3 to $100. 7. Rules for water takers. 8. Permits revocable. 9. Conditions of permits. 10. Water rates. ~ 11. Penalty. 444. Sectiok 1. No person except a regularly authorized agent of the Board of Trustees shall take water from any public or private hydrant, plug, hose-pipe or fountain, (except for fire purposes or for the use of the fire department in case 8114 OKDIHAHCES OF THE of lire,) nor shall in any way use, or take any water for private use, unless sueli person has first paid for the same and received the usual permit so to do from the Superintendent of Public W orks. 445. § 2. No person shall interfere in any manner with any public or private hydrant, or stop-cock, or deposit any dirt or other materials in any stop-cock box, or turn any public or private stop-cock, or commit any act tending to obstruct the use thereof, or injure in any manner any building, machinery, pipe, apparatus, fixtures, or tools of the water works, without permission from the Superintendent of Public Works. 44S. § 3. No person shall make any excavation in any street for the purpose of laying water pipe, nor tap any water pipe or service pipe laid down, without written permission from the Superintendent of Public Works, and then only such persons as are authorized to perform that work; and the particular person to be employed shall in each case be named in the permit. 447. § 4. No plumber or other person shall make any addition or alteration whatever to any pipe or water fixture connected with the water works distributing pipes, to conduct water into adjoining premises, or into stables, baths, water-closets, wash-basins, cisterns, foun-ains, or for any other purpose whatever, without application having first been made to, and written permission obtained from, the Superintendent of Public Works. 448. § 5. No person shall make any excavation in any street or highway, within four and one-half feet of any laid water pipe, while the ground is frozen, except by special order of the Superintendent of Public Works. 449. § 6. Any person who shall violate either of the foregoing sections, or any clause or provision of either of the foregoing sections of this chapter, shall, on conviction, be fined in a sum of money not less than three dollars, nor more than one hundred dollars, and may be imprisoned in the village jail not exceeding ten days, or both, in the discretion of the court before whom such conviction shall be had; and if committedVILLAGE OF HYDE PAKK. i 15 by any licensed plumber, his license may be revoked in the discretion of said court, or the Board of Trustees. 45©. § 7. The following rules and regulations for the government of water takers and licensed plumbers are hereby adopted and established: First—The President and Board of Trustees shall appoint all necessary officers and agents for furnishing water, collecting water rents, etc., and determine the term of office, salaries, etc., of such officers and agents. Second—All work done on the streets must be done under the supervision of, and subject to the direction and approval of, the Superintendent of Public Works. Third—The ferrule inserted in the distributing pipes, and the service pipe laid, will be of the size specified in the permit and order. The Inspector will report to the Superintendent of Public Works regularly and truly, the exact location and number and sizes of all taps inserted, and the length of service pipe laid. Fourth—Applications for permits to connect service pipe with any supply pipe must be made to the Superintendent of Public Works, and the following sums must be paid for the insertion of the service cocks : % inch pipe......................................... $4.50 inch pipe........................................... 5.00 1 inch pipe..............................................5.50 lJi inch pipe............................................6.00 including the furnishing of the service cock, cast iron cover for said cock, and cover for stop-cock on sidewalk; and no such connection shall be made by any person not regularly authorized by the President and Board of Trustees, and then only after the permit has been issued and paid for as above. In cases where application is made for a supply of water for building purposes, no permit shall be issued except upon payment to the Tillage of the established rates therefor. Fifth—Notice must be left at the office of the Superintendent of Public Works by the plumber about to lay down service pipe, fixing the day on which he wishes the ferrule inserted. This notice must be given at or before 4 o’clock110 ORDIUSTAHCES OF THE p. m., two days previous to the excavation for the insertion of the ferrule. Sixth—In making excavations in streets or highways for the laying of pipe, the planks or paving stones and earth removed must be deposited in a manner that will occasion the least inconvenience to the public, and provide for the passage of water along the gutters. Suitable barricades must be erected around the excavation, and red lights maintained at night. Seventh—Taps must be inserted at or near the top of the pipe, and in no case within six inches of the bell or hub. Eighth—Before filling the trench the service cock in the street main must be covered with a suitable cast-iron box furnished by the village, and the earth must be well rammed under the main to a level with the top thereof; from thence the .triinch must be filled with layers of not more than twelve inches in depth, and each layer thoroughly rammed or puddled to prevent settlement. This work, together with the replacing of sidewalks, ballast and paving, shall be done in all cases by the Village. A sufficient amount must be deposited with the Village Comptroller, before issuing the permit for opening the street, to cover this expense. In all cases where the street to be opened has been recently paved with blocks, sufficient of the paving must be removed so that the foundation boards or planks, if any, can be taken up without cutting. Ninth—No permit shall be granted for the opening of any paved street, for the tapping of mains or laying of service pipes, when the ground is frozen to a depth of twelve inches or more, except when, in the opinion of the Superintendent of Public Works, there is a sufficient emergency to justify it. Tenth—It shall be the duty of the Superintendent of Public Works to supervise and direct these operations, and from time to time to report on the manner the plumbers perforin their work, and the condition in which he finds the parts repaved. Eleventh—No person taking water from the water works of said village, shall permit their service pipe or fixtures connected therewith to be out of good repair, or unprotected from frost.VILLAGE OF HYDE PAKE. 117 Twelfth—Hydrants, taps, hose, water-closets, urinals, baths and other fixtures, will not be permitted to be kept running when not in actual use. Thirteenth—All service pipe must be so laid as to leave at least five (5) feetf of earth over the top of the pipe at every point, and service pipe between the distributing pipe and the stop-cock at the sidewalk must be of lead. .Fourteenth—Stop-cocks must in every case be inserted in the service pipe, and protected with a cast-iron cover, having the letters “H. P. W.” marked thereon, and the same shall be placed by the plumbers one foot inside of the line of the curbstone, visible and even with the sidewalk. Fifteenth—Service pipe of less weight than that known as “extra strong,’5 will not be allowed to be used. All lead pipe used for plumbing houses will be in weight at least equal to the kind known as “ strong.” The weights of these pipes are given in the annexed table marked “A.” All iron pipes used for house service must be submitted to, and withstand a hydraulic pressure of 200 pounds per square inch. Sixteenth—No private hydrant shall be located on the sidewalk, or elsewhere beyond the limits of the lot of the party to whom the permit is issued. Seventeenth—Whenever two. or more distinct buildings, or premises, are to be supplied by means of branch or sub-service pipes supplied by a single tap in the street main, each branch must be independently arranged with stop-cock and box on the curb line, in the manner above prescribed. All cocks used at the sidewalks by licensed plumbers shall be of the kind known as “round water way.” Eighteenth—When it is necessary to break up the sidewalk for putting in water service pipes, there shall be constructed and maintained a walk at least four feet wide in all cases, excepting when the walk is wholly taken up and travel shut off by a substantial barricade. Nineteenth—Water rents shall be due and payable in advance, on the 1st day of May and the 1st day of November of each year. Ten per cent, penalty will be added if not paid in thirty days after the same becomes payable.118 ORDINANCES OF THE Twentieth—No owner or occupant of any building’ into which, water is introduced will be allowed to supply water to other persons or families. If found doing so, the supply of water will be stopped without notice, and the amount of payment forfeited. Twenty-first—Applications for water must state fully-and truly all purposes for which it is required, and when paying the semi-annual charges for it, the parties must truly answer all questions put to them relative to its consumption. And the applicant shall, in his application, agree that in consideration of the insertion of said ferrule, he wTill pay, or cause to be paid, the assessment levied or to be levied on said premises for said water-pipe that is proposed to be tapped. In case of misrepresentation on the part of the applicant, or of uses of the water not embraced in the applicant’s bill, or of willful or unreasonable waste of water, the supply of water shall be cut off, and all payments thereon shall be forfeited to the Village. Twenty-second—The Superintendent of Public Works, the Comptroller, and their authorized agents, shall have free access, at proper hours of the day, to all parts of every building in which the water is delivered and consumed, to examine the pipes and fixtures, and to ascertain whether there is any unnecessary waste of water. Twenty-third—Hose for sprinkling gardens or washing windows, sidewalks, etc., shall be used only from the 1st of May to the 1st of November, and between the hours of 6 and 8 a. m. and 5 and 7 p. m. If allowed to run at other hours, the supply will be cut off without previous notice. Twenty-fourth—-Yard fountains shall not be used more than six hours per day, and between May 1st and November 1st, except by special permission, and upon the payment of additional charges;.and the right is reserved to suspend their use whenever, in the opinion of the Superintendent of Public Works, the public exigency may require it. The rate for the use of fountains will be established, according to the size of the orifice in a thin metal plate fixed in the supply-pipe of the fountain, at its junction with the main or principal pipe from which it is supplied.VILLAGE OF HYDE PAKK. 119 Twenty-fifth—Hose larger than three-quarter inch will not be permitted, except upon payment of an additional charge ; and sprinkling without a nozzle, or through a larger opening than one quarter inch, is forbidden. Twenty-sixth—Ho water meter shall be connected with the water supply pipes of any building or premises, until such meter shall be tested and approved by the Superintendent of Public Works, and a special permit granted therefor. Twenty-semnth—The Tillage reserves the right to order a meter to be applied to any service pipe, whenever the Superintendent of Public Works may deem it advisable. Tioenty-eighth—If proprietors of lumber yards, manufactories, halls, stores, hotels or public buildings, regular customers of water from the works, wish to lay large pipes wfith hydrant and hose couplings to be used only in case of fire, they will be permitted to connect with the street mains at their own expense (upon application to the Superintendent of Public Works, and under his direction), and will be allowed the use of water, for fire purposes only, free of charge. Twenty-ninth—Any plumber or pipefitter who shall be guilty of ,a violation of any of the rules or regulations adopted by the Board of Trustees, shall forfeit his license. A forfeiture of the license of any plumber shall operate as a suspension of the license held by any copartner in the same business, or any person in his employ. Thirtieth—Within forty-eight hours after completing any attachment or connection, the plumber or pipe-fitter shall make a true return in writing on the back of the permit, of the number of rooms in the premises, or other contemplated uses of the water therein, according to the rules and regulations and the tariff of water rates, and file the same in the office of the Superintendent of Public Works, as the wrater will not be turned on to any premises until complete returns are made by the plumber. Thirty first—The water will not be turned into any house or private service pipe, except upon the order of the Comptroller, after the applicant shall have paid his rent for the current term, and plumbers are strictly prohibited from turn-120 ORDINANCES OF. THE ing the water into any service pipe, except upon the order or permission of the Superintendent. This rule shall not he construed to prevent any plumber admitting water to test his pipes, and for that purpose only. Thirty-second—Any plumber intending to do business in the Village of Hyde Park, shall, before commencing woik, file in the office of the Comptroller his petition in writing, giving the name of the firm, and each member thereof, and place of business, asking to become a licensed plumber of the Village of Hyde Park, stating his willingness to be governed in all respects by the Pules and Regulations of the Board of Trustees, together with all rules said Board of Trustees may see fit to enact in the future. Said petition shall be signed by two responsible citizens, vouching for the business capacity and reputation of the applicant, and for his worthiness to receive a license. Before receiving a license the applicant shall tile in the office of the Comptroller a bond, with two or more sureties, to be approved by the Board of Trustees, in the sum of five thousand dollars, conditioned that he will indemnify and save harmless, the Village of Hyde Park and Board of Trustees from all accidents and damages caused by any negligence in protecting his work, or by any unfaithful or inadequate work done by virtue of his license. Thirty-third—Ho hydrant, except fire hydrants and public drinking fountains, shall be placed within the limits of any. street, and no drinking fountain shall be erected for public use which has openings by which it can be used as a source of domestic supply. Thirty-fourth—Water supplied to any place of which the rates and system of measurement is not provided for by other rules, shall be estimated by the Comptroller, and assessed at regular meter rates. Whenever practicable, a meter shall be used as a basis for estimation. Thirty-fifth—All manufacturing and other establishments requiring a large supply of water, shall be required to use a meter, which shall be furnished by the Village at the cost of the consumer. All premises supplied through meters or their equivalents^ shall be assessed on the basis of consumption.TILLAGE OF HYDE PARK. 121 Tlie cost of all repairs to meters sliall be collected of, and paid for, by the consumer, with the regular water bill. Thirty-sixth—All water meters, elevators or other water apparatus, together with the pipes and cocks therewith, shall be kept in good repair and be protected from damage by frost or otherwise at the expense of the owner or occupant of the premises using'the same, and no claim shall be made against the Tillage by reason of breakage of any water service pipe, cock, meter, or any of its attachments or connections. All defects must be reported to the water office in writing. All persons using water for elevators or other power purposes, shall keep the registers in proper working order. In case of failure of any of said registers, the owner or occupant of the premises where such, register is situated shall forthwith have the same repaired and report the fact to the water office in writing. All meters and water registers must at all times be kept accessible for inspection and examination. Thirty-seventh—All water meters used by or for railroad companies and other corporations, or persons using large quantities of water upon streets or other public ground, shall be placed in such suitable location as the Superintendent of Public Works shall direct. Such meters shall be kept under lock and key, and under the sole control of the proper officers of the Village, who shall be the only persons entitled to have access thereto. Thirty-eighth—Pipes of two inches or more shall be made .of iron. Thirty-ninth—In no case shall stop-cocks be placed in vaults under the sidewalk, unless they be so protected or inclosed as to offer no other mode of access, except by the removal of the cover from the box on the sidewalk ; and whenever it becomes necessary to place any stop-cock deeper than five (5) feet below the surface of the sidewalk ; the said stop must be provided with a stationary key, reaching from the stop to within four (4) feet of the top of the box, and terminating with a T handle similar to that on the stop. Fortieth—For a violation of any of these rules and regulations, or such others as the Board of Trustees may hereafter adopt, the Board reserves the right to stop the supply of122 ORDINANCES OF THE water without any preliminary notice, nor will it be restored until all back rent and damages shall be paid, together with one dollar for the expense of turning off the water and turning it on again, and upon a satisfactory understanding with the party that no further cause of complaint shall arise. And the Board of Trustees hereby reserves to kself the full right, power and authority to cut off the supply of water at any time, without incurring any liability or cause of action for damages of any kind, any permit granted or regulation to the contrary notwithstanding. In case of a second violation of any of these rules and regulations by any person, the Comptroller may cause the ferrule to be drawn. Should this be done, a charge of three dollars will be made for re-inserting it. TABLE A—Showing size and weight of street service pipe, and WEIGHT PER FOOT OF LEAD PIPE ALLOWED IN PLUMBING HOUSES. Size of Ferrule. Size of Pipe. Wr. of St. Service Pipe per foot. ‘•Extrastrong" tWt. of House Serv. Pipe per foot “Strong.'’ % inch. % inch 3 lbs. 0 ozs. 2 lbs. 0 ozs. % “ % “ 3 “ 10 “ 2 “ 8 “ % 1 4 “ 12 “ 3 “ 0 “ 1 ik “ 6 “ 0 “ 4 “ 0 “ Ik “ $ :: 7 “ 2 “ 4 “ 8 “ 3J* “ m “ 8 “ 4 “ 5 “ 0 “ 2 9 “ 8 “ 6 « 0 “ 451. § 8. Any and all taps or connections hereafter made in or with any water supply pipe connected with the water works of said Village, for supplying water to premises Lot assessed for the supply pipe, in which said taps, or with which such connections shall be made, shall be continued only at the option of the Board of Trustees, and shall be subject to removal by the Board, at any time, with or without notice to the owner or occupants of said premises. 452. § 9. In all cases of application for a supply of water from the Village Water Works, to be used upon premises not assessed for the water supply pipe, to be tapped for the purpose of supplying said premises with water as aforesaid, the applicant shall, before such permission shall be granted, and before such tap or connection shall be made, sign an agreement to the effect that he will not resist any specialTILLAGE OF HYDE PARK. 123 assessment that may be made thereafter upon said premises, for the laying of water supply pipes on the street or highway on which said premises may abut, and also providing that said Village authorities shall have the right at any and all times, to cut off the water from said premises so supplied, and to remove said tap. 453. § 10. The scale of annual water rents in the Village of Hyde Park shall be such as the Board of Trustees may from time to time adopt. Provided, that all such rents shall be uniform, and that no change in such rents shall be made to take effect prior to the first day of May or of November, next succeeding the making of any such change. 454. § 11. Any person who shall violate any or either of the rules and regulations for the government of water takers or plumbers specified in section seven of this chapter, shall, upon conviction, in addition to the enforcement of the forfeitures, liabilities, stipulations and reservations therein contained, pay a fine 6f not less than three dollars nor more than two hundred dollars. CHAPTER LI. WATERWAYS, SEWERS AND DRAINS. 1. Uncovering, etc. 2. Connections or openings. 3. House drains, etc. 4 and 5. Obstructions, etc. 6. Malicious injury. 7. Opening or tapping drains. 8. Permits to sewer builders. 9. Application for sewer connection. 10. Notice required. 11. Permit necessary. 12 and 13. Licensed sewer builders, sewer. 15. Private receiving basins. 16. Privy vaults—how connected. 17. Junction pieces. etc. 14. Houses to connect with main 18. Deviation from grade. 19. Private sewers and drains. 20. Records open to inspection. 21. Suspension of license. 22. Construction of-house drains. 23. Pipes to be protected. 24. Passing through drain. 25. Standard gradient. 26. Ends and connections. 27. Pipes—how laid. 28. Back filling. 29. Openings to be protected. 30. Mortar, how made. 31. Sewer pipes, quality, etc. 32. Sizes. 33 Penalty. 455. Section 1. No person shall uncover, or excavate124: ORDINANCES OF THE under or around, any brick or pipe sewer laid in the Village of Hyde Park, for any purpose whatever, without-the written consent of the Superintendent of Public Works. 45®. § 2. No person shall make any connection with, or opening into, any brick or pipe or other closed sewer laid in this Village, without first having obtained a written permit in each case from the Superintendent of Public Works. 457. §3. No person shall lay, alter or disturb any part of a house drain, or drains, catch basin, or strainer of said drain, or cess pool, connected with any brick or pipe sewer belonging to said Village, without first having obtained a written permit in each case so to do from the Superintendent of Public Works. 458. § 4. No person shall construct any drain or sewer, connecting or emptying into any brick or pipe sewer belonging to said V illage, without the written permission of the Suoerintendent of Public Works first had and obtained, and then only in conformity with the orders and directions, and under the supervision and. subject to the approval of the said Superintendent. 459. § 5* No person shall in any manner obstruct, or cause to be obstructed, any sewer, drain, ditch, culvert, or other waterway. 460. § 6. No person shall willfully or maliciously damage, injure or obstruct any sewer, house drain, cess-pool or closet pipe, laid or constructed under the direction of the Board of Trustees. 4©1. § '7. No person shall tap any public ditch or open any drain, or conne t any ditch or drain therewith, without the consent in writing of the Superintendent of Public Works. 4©3. § 8. No permit shall be granted to connect with any sewer, under any section or provision of this chapter, to any person not licensed as a sewer builder, under the provisions of Section 4, of Chapiter XXVII, of the Municipal Code of said Village. 463. § 9. Applications for permission to connect with the general sewerage system of the Village, or to make any alteration or extension from connections already made, mustVILLAGE OF HYDE PAEK. 125 be made on the regulation blank by the owner or owners of the property it is designed to drain, or by their duly authorized agent; and it must be accompanied by a clear and exact description of the premises, and plans showing the character and location of the drains it is proposed to put in place, together with the number and location of all water-closets, sinks, bath-tubs, receiving-basins and other sanitary fixtures designed to connect with the same, which description must be left and placed on file in the office of the Superintendent of Public Works for future reference. 464. § 10. At least twenty-four hours previous notice, (exclusive of Sundays and legal holidays), must be given at the office of the Superintendent of Public Works during the hours when said office is open for the transaction of business, before any street or highway can be opened for the purpose of constructing a house drain or private sewer. But should the drain-layer be prevented by bad weather, or by any other good and sufficient cause, from commencing work at the time fixed in such notice, then such facts must be reported to said Superintendent at once, in order that another day may be designated for doing the work. 465. § 11. No house drain or private sewer shall be put in place, nor any of the work in connection therewith commenced or prosecuted, unless the permit granted by the Department of Public Works to construct the drain or sewer is in the possession of the licensed drain-layer, at the site of the proposed work, or one of his employes engaged thereon. 466. § 12. Parties when making application to become licensed drain-layers and sewer builders must be aged twenty-one years or over, and must furnish the Board of Trustees with satisfactory testimonials of their character and standing in the community, as well as of their possession of the requisite mechanical skill, competence and ability to enable them to honestly perform all the duties of a licensed drain-layer and sewer builder; and prior to receiving said license they must file an approved bond in accordance with the provisions of Section 4, of Chapter XXVII, of the Municipal Code of said Village.126 ORDINANCES OF THE 467. § 13. No licensed drain-layer or sewer builder will be permitted to allow bis name as such licensee, to be used by any other person or persons, for any purpose whatsoever in connection with the construction of house drains or private sewers, or for the purpose of obtaining permits to do any such or similar work under his license. 488. § 14. Each and every house must make direct con- nection with the main sewer in the street. Under no circumstances will two or more houses be allowed to make such connection through one pipe, nor to carry their drainage in pipes laid beneath or through adjoining property. 469. § 15. The construction of private receiving basins outside the lot lines and in the public streets will not be permitted, except in isolated instances, where their location in the vaults beneath the sidewalk may be found to improve the sanitary surroundings, or assist in the house drainage. In all other cases they must be placed within the lines of the lots whose drainage they are intended to facilitate. 476. § 16. Privy vaults can only be connected with the sewers through intervening receiving basins, and the outlet pipes from all such vaults must not be less than three feet above their bottoms, so as to return all solid matter and effectually prevent anything but the liquid contents of the vaults from passing into the drainage pipes and receiving basins. All discharge pipes leading from kitchen sinks, or any other receptacles likely to contain grease in any form, shall make direct connection with and discharge their contents into receiving basins, and all bath-tubs, water-closets, hand-basins, stationary washing tubs, etc., shall connect direct with the soil pipe or main drain. 471. § 17. Whenever it may be found necessary to make a connection between a house drain and the main sewer in the street, where no junction piece was originally placed in the latter, the junction piece will be furnished by the Village and put in place under direction of the Department of Public Works. Under no circumstances will drain-layers, or parties other than employes of said department, be allowed to break into the sewers for the purpose of setting junctions, or making any kind of connections whatsoever.VILLAGE OE HYDE PAKK. 127 472. § 18. Should water, gas, or other pipes or drains he encountered in the direct line of a house drain, during its construction, the question of carrying such drain under, over or around such or a similar obstruction, or of doing anything involving a deviation from the proper line or standard grade, can only be decided by the Superintendent of Public Works. 478. § 19. All house drains and private sewers placed in position within the corporate limits of the Tillage, for the purpose of affording drainage facilities to buildings abutting on streets or highways, wherein no public sewers have been constructed, must nevertheless he put in place strictly in accordance with these rules and regulations, except that no permit to do the work wTill be required so far as the Superintendent of Public Works is concerned, until the general sewerage system of the Tillage has reached the immediate neighborhood, and the proper time arrives for effecting the required connection -therewith. But the usual twenty-four hours notice of the intention to construct such drain must be given, as particularly laid down in section ten of this chapter. 474. § 20. Such recorded information as said depart- ment possesses, regarding the location and position of junctions or other openings into the general sewerage- system of the Tillage, will always be placed at the disposal of contractors and drain-layers, or other applicants ; but the Tillage expressly declines to guarantee either the general or approximate accuracy of the same in any way. • 475. § 21. Whenever it becomes necessary to suspend the license of a drain-layer for a palpable violation of any of these rules, regulations, or specifications, such suspension shall not be for a less period than thirty days, unless it can be successfully proven that the charges are false, in which case the person licensed will be at once restored to the full exercise of all the powers and privileges conferred upon him by his license. Willful or ignorant mistakes of employes will not be regarded as sufficient reasons for exonerating drain-layers from suspension of their licenses ; but, on the contrary, they will be held to a strict accountability for all errors or misdeeds of their employes while in the legitimate pursuit of their occupation as drain-layers and sewer builders.128 ORDINANCES OF THE 47©. § 22. All house drains and private sewers shall be constructed in open trenches, carefully excavated in the proper direction and to such width and depth as may be necessary to secure the correct alignment and faithful execution of the work; which work must be vigorously prosecuted so as to cause the least possible inconvenience to the traveling public. If the sides of the trenches will not maintain their vertical position, they shall be sheeted, shored and strongly braced. Prior to commencing the excavation, all materials composing the sidewalks, roadway, paving and other similar improvements, shall be carefully removed and piled in such manner as will insure their safety, and in such place that they will not interfere with the street traffic. The material taken out of the trenches must likewise be so disposed as not to seriously interfere with the legitimate use of the sidewalks and roadways. 477. § 23. Should gas or water mains, or other pipes or drains be encountered during the progress of any excavation, the same shall be carefully and thoroughly protected against injury or settlement, and shall not be disturbed in any way. 478. § 24- Whenever it may be found necessary to pass through, or in any wise disturb, an existing house drain or private sewer in actual use, such drainage pipe or private sewer shall not be interfered with, nor cut through, nor be connected with in any way, without the written consent of the Superintendent of Public Works having been previously obtained. No house drain shall be carried immediately above or through a wooden drain, whether the latter be in use or not, nor through unstable or perishable material of any character unless all such work be carefully placed upon a foundation of concrete, or brick or stone masonry, of such dimensions and method of construction as may be directed by the Superintendent of Public Works. 479. § 25. The standard gradient, on which all house drains shall be laid from the main sewer in the center of the street, to the regulation point immediately within the curb walls, shall be one-fourth of an inch per lineal foot, or twenty-five inches per one hundred feet; which inclination shall notVILLAGE OP HYDE PARK. 129 be reduced, under any circumstances, from the curb wall to any point throughout the premises being drained, so far as regards all pipes intended to convey foecal matter or other solids coim mon .to house sewage or similar drainage. This inclination may be increased to any practical limit, upon the written request of the owner of the property, and the approval in writing of the Superintendent of Public Works, obtained by the drain-layer prior to commencing the work. All such deviations from the standard gradient out, or inclination on which the drain enters the lot, or any changes in the alignment of the pipe in any direction shall be made on true curves with curved pipe only. 480. § 26. The ends of all house drains not at once connected with the interior drainage or other sanitary fixtures, shall be securely closed with vitrified disks or with brick masonry, so as to be rendered absolutely impervious to the surrounding material in which the pipes are imbedded. And all pipes whose ends are left open to facilitate the drainage of cellars, areas, gardens, yards, and other places, shall terminate fin the side of a circular receiving basin, constructed of brick masonry, not less than three feet interior diameter, and the bottom of which must not be less than three feet below the bottom of the end of the drain or the outlet pipe. All connections between the main sewers and slaughtering houses, rendering establishments, butcher shops, packing houses, hotels, restaurants, manufacturing and other establishments, shall be made through intervening receiving basins, built of brick masonry, the number, dimensions, form and structural characteristics of which shall be prescribed by the Superintendent of Public Works. Whenever a drain pipe is connected with a temporary receiving basin for draining excavations made for the foundations of buildings, or for any other purpose, the open ends of all such pipes shall be covered with some form of screen, and the drain-layer will be held strictly responsible for all expenses incurred in removing all sand, gravel or earth, out of the main sewers, which may have entered therein by reason of the negligence of himself or his employes, or of a violation of any provision of this section, to be recovered by 9130 ORDINANCES OF THE suit in the name of the Village in any court having jurisdiction. 481. § 27.. All pipes shall be laid fair and true to line, and upon foundations of assured stability, either natural or artificial, and the ends of each length of pipe shall abut squarely and truly against the adjoining pieces, so as to present an absolute continuity and uniformity in the interior of the drain, particularly at the bottom of the line. The joint rings shall be carefully placed in position concentrically around the pipes, the space between the latter and the rings thoroughly flushed with mortar, and finally as the work progresses, and each length of pipe is permanently fixed in place, the interior shall be thoroughly cleansed and wiped out, and all projecting mortar or other substance carefully removed, so that the internal area of the drain shall be left absolutely unobstructed, smooth and clean throughout, its entire length. 483. § 28. After the foregoing work has been finished and properly inspected, the back filling shall commence without delay, and during its prosecution and as fast as deposited in the trench, it shall be thoroughly puddled and tamped to such an extent as to render subsequent settlement of the surface practically impossible. The drain-layer will be held strictly responsible for any disturbance or displacement to the roadway, ballasting or paving, due to any neglect to faithfully conform to the foregoing requirements. 481?. § 29. All openings made in the sidewalks or road- ways for the purpose of constructing house drains or private sewers, shall be surrounded and efficiently protected at all hours by ample and sufficient barriers, on which red signal lights shall be placed and maintained from sunset to sunrise, together with such additional precautions as may be deemed necessary for the absolute protection of the traveling public. The conditions of this section are imperative, and drain-layers will be held responsible for all damages to person or property, occasioned by neglect or violation 'of any of its provisions, to be recovered in any court having jurisdiction. ' 484. § 30. Mortar used in the construction of house drains, private sewers, receiving basins, or other fixtures appertaining to house drainage, shall in no case be made uponVILLAGE OF HYDE PARK. 131 the sidewalks. Such mortar shall be composed of pure hydraulic cement powder only, mixed wTith clean water and fresh made for the work in hand, and it shall be used immediately after being mixed, and shall not be allowed to stand upon the “mortar boards” until it has “set,” and then be broken down, remixed or “retempered.” Whenever the use of grout may be necessary, it shall be composed of pure cement powder and clean water, mixed to such consistency, with such quantity of water, as shall enable it to thoroughly permeate and effectually reach the most distant parts of the work, wherein its use may be found necessary. All concrete shall be composed of. one part pure cement powder, two parts clean, sharp sand or fine washed gravel, and three parts crushed stone, broken bricks or quarry chips, the mortar being made first, the stone or bricks then added and the whole then immediately deposited in place, in layers not over ten inches deep at a time, and then tamped until the water of the admixture is flushed to the surface. The hydraulic cement manufactured at or near Utica, LaSalle county, Illinois, known as the “Black Ball ” and “James Clark” brands, is hereby made the standard for this work, and any other make of natural American hydraulic cement can only be used after being practically tested and adjudged equal or superior to this standard, by the Superintendent of Public W orks. 485. § 31. All pipe shall be straight, smooth and sound, thoroughly burned and vitrified, salt glazed, free from lumps or other imperfections, and with the least possible variation from the specified dimensions or true cylindrical shape. All straight pipe must be straight in direction of the axis of the cylinder, and the inner and outer surface of the pipe must be concentric. The standard of thickness shall be For 18 inch straight pipe U inches. “ 15 6i u u li a « 12 U « « 1 inch. “ 9 U « a i a with a limit of variation not exceeding one eighth of an inch either way, all to be made with butt joints, square and at right angles with the axis of the pipe, and each piece to be fur-132 ORDINANCES OF THE nished with a “ sleeve ” or “ ring ” not less than four inches wide, and whose internal diameter is not less than two inches greater than the external diameter of the pipe they are intended to encircle and join. The “ curves,” “ slants,” and “ Y ” junctions must conform to all the foregoing requirements as regards quality, form and workmanship, and their thickness shall be equal to that of the pipes of the same caliber into which they are to be worked or joined. All slant junctions to be cut, and all branch junctions to be molded, for an angle of thirty-four degrees with the sewer with which they are to connect. All such pipes shall be subject to the inspection, and approval or rejection of the Superintendent of Public Works, or his duly authorized representatives, and shall be equal in quality to the best pipe heretofore used in the construction of sewers in the Tillage of Hyde Park, and all rejected pipes shall, upon notice, be removed from the place of work by the contractor. 48©. § 32. The standard sizes or interior diameter of pipe for carrying house sewage, the storm water falling upon roofs, yards, etc., in addition to the house sewage, shall be six inches, and any variation from this dimension can only be made upon the written permission of the Superintendent of Public "Works, defining the special sizes to be used in the particular case mentioned in such permission, and specifically stating the reasons for such permission. The use of metallic pipes will be allowed whenever preferred, subject, however, to such restrictions as to diameter, thickness, preparation and material as may be prescribed bvthe Superintendent of Public Works. 487. § 33. Any person who shall violate any section or provision of this chapter, shall be fined in a sum not exceeding two hundred dollars.VILLAGE OF IlYDE PAKK, 133 CHAPTEK LII. WEIGHTS AND MEASURES. 1. State standard. j 1 5- Not alter scales. 2. Superintendent of Public Works j 6. Sale of wood. to procure standards. 7. Fees of sealer. 3. Sealer inspect each year. 8. Office of sealer. 4. Not use unsealed scale, etc. 9. Peddlers and hawkers. 488. Section 1. There shall be a regulation of weights and measures in the Tillage of Hyde Park, and the standard adopted by the State of Illinois shall be the test by wliiclr they shall be compared and determined. 489. § 2. The Superintendent of Public Works, at the' expense of the Village, shall procure correct and approved standards of weights and measures, with their necessary subdivisions, together with the proper beams and scales, for the purpose of testing and proving by said standards the weights and measures in the Village. 490. § 3. It shall be the duty of the Sealer of Weights and Measures, when appointed, at least once in every year, to examine and test the accuracy of all weights, measures, scales, or other instruments or things used by any person for weighing or measuring any article for sale in said Village ; to stamp with a suitable seal all weights, measures, and scales so used which he may find correct, and deliver to the owner thereof a certificate of their accuracy; to condemn all weights, measures and scales which he may find incorrect on such inspection, and to cause the owner thereof to have them immediately corrected and made conformable to said standard. 491* § 4. Ho person shall use any weight, scale, measure, or other instrument or thing, for weighing or measuring any article for sale in the Village, until the same has been examined and sealed by the Sealer of Weights and Measures, if such officer has been appointed, nor after the same has been condemned by said Sealer. Ho person shall refuse to exhibit any weights, measures, scales, instruments, or things for weighing or measuring to the Sealer of WeightsORDINANCES OF THE 134 and Measures, for the purpose of examination and inspection, nor obstruct or hinder him in the performance of his duties. 4!>2. § 5. No person shall alter any weights, measures, scales, or instruments which have been sealed, causing the same to weigh or measure incorrectly. 49S. § 6: No person shall sell for a cord of wood less than one hundred and twenty-eight cubic feet of wood. 4@4. § 7. The Sealer of Weights and Measures shall be allowed to demand and receive of the person for whom he shall perform service the following fees and compensation: For inspecting and sealing hay, coal, dormant, depot and hopper scales, each, one dollar. For inspecting and sealing scales or beams of greater capacity than above enumerated, each, two dollars. For inspecting and sealing any kind of scales or beams other than above enumerated, each, twenty-five cents; and with each scale sealed by him he shall inspect and seal one set of weights, without any additional charge or compensation. For inspecting -and sealing any dry measure, each, five cents. For inspecting and sealing liquid measures of a capacity of five gallons and upwards, each, ten cents; and of less capacity, each, five cents. For inspecting and sealing any board or cloth measure, each, five cents; and in every case where he may, at the request of the owner, employ labor or material in making any scale, weight, or measure accurate, he shall be entitled to compensation for his disbursements therefor. 4©5* § 8. It shall be the duty of the said Sealer of Weights and Measures to establish and keep an office open at least one hour per day, at the Tillage Hall, and to designate by card or otherwise the time during which he may be found in such office ; and it shall be his duty to make a regular register of all weights, measures, scales, beams, instruments, or things inspected by him, in which he shall state the names of the owners, the date of inspection, the fees charged and collected, and the result of such inspection. It shall also be his duty to report to the Board of Trustees the names of all persons whose weights, scales, beams and measures are incorrect, and to deliver a copy of his said register to the Village Clerk.VILLAGE OF HYDE PABK. 135 496. § 9. No. itinerant peddler or hawker shall use any scales, weights, balances, or measures, unless the same shall have been sealed and adjusted within the fiscal year. He shall show his certificate from such Sealer, upon demand of any citizen. BEPEAL. 497. All ordinances and parts of ordinances in conflict with this Municipal Code, or any part thereof, are hereby repealed. Passed by the President and Board of Trustees of the Village of Hyde Park, and approved by said President, the twenty-eighth day of March, A. D. one thousand, eight hundred and eighty-seven.STATUTES AFFECTING MUNICIPAL CORPORATIONS. AN ACT to provide for the incorporation of cities? and villages. Approved April 10, 1872. In force July 1, 1872. (Hurd’s Rev. Stat’s 1885, Chap. 24, p. 218.) ARTICLES. 1. Organization of cities. 2. The mayor. 3. City council. 4. Elections. 5. Powers of city council. 6. Powers and duties of officers. 7. Finance. 8. Assessment and collection of taxes. 9. Special assessments. 10. Miscellaneous provisions. 11. Organization of villages. ARTICLE I. OF THE ORGANIZATION OF CITIES. 498. HOW CITY MAY INCORPORATE UNDER THIS ACT.] §1. Be it enacted by the people of the ¡State of Illinois represented in the General Assembly, that any city now existing in this state may become incorporated under this act in the 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 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. [As amended by act approved and in force February 26, 1881. 499. Notice of election.] § 2. The mayor of such city shall give at least thirty day’s notice of such election, by publishing a notice thereof in one or more newspapers within such city; (137)138 OF THE ORGANIZATION OF CITIES. but if no newspaper is published therein, then by posting at leas^; five copies of such notice in each ward. 5©©. The ballot—result.] § 3. The ballots to be used at such election shall be in the following form : u For city organ- ization under general law;” or, “ Against city organization under general law.” The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns and cause the result of such canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be for city organization under general law, such city shall thenceforth be deemed to be organized under this act; and the city officers then in office shall, thereupon, exercise the powers conferred upon like officers in this act, until their successors shall be elected and qualified. 5® I. How towns may become cities.] § 4. Any incorporated town or village, in this state, having a population of not less than one thousand (1,000) inhabitants, may become incorporated as a city in like manner as hereinbefore provided; but in all such cases the president and trustees of such town or village shall, respectively, perform the same duties relative to such change of organization as is above required to be performed by the mayor and council of cities. [As amended *by act approved May 25, 1877. In force July 1, 1877. 5©3. Organizing a city—petition—election—result.] § 5. Whenever 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 become incorporated as a city in manner following: Any fifty legal voters thereof may file in the office of the clerk of the county court, of the county in which such inhabitants reside, a petition, addressed to the judge of such court; and if the territory described in said petition shall be in more than one county, then the petition shall be addressed to the judge of the court where a greater part of such territory is situated ; which petition shall define the boundaries of such proposed city, and state the number of inhabitants residingwithin such limits, and also state the name of such proposed city, and shall contain & prayer that the question be submitted to the legal voters residing within such limits whether they will organize as a city under this act. It shall be the duty of the county judge to fix a time and place, within the boundaries of such proposed city, at which an election may be held to determine such question ; and such judge shall name the persons to act as judges in holding such election, and shall give notice thereof by causing ten notices to be posted in public places within such proposed city. And the third section of this article shall be applicable to such election : Provided, that the returns of such election shall be made to and canvassed by the county judge and any two justices of the peace whom heOF THE ORGANIZATION OF CITIES. 139 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 this act, and with the name stated in the petition. [See § ©73. 503. Courts to take judicial notice of organization, etc.] § 6. All courts in this state shall take judicial notice of the existence of all villages and cities organized under this act, and of the change of the organization of any town or city from its original organization to its organization under this act; and from the time of such organization, or change of organization, the provisions of this act shall be applicable to such cities and villages, and all laws in conflict therewith shall no longer be applicable. But all laws or parts of laws, not inconsistent with the provisions of this act, shall continue in force and applicable to an}7, such city or village, the same as if such change of organization had not taken place. 5©4. Election of officers.] § 7. It shall be the duty of the president and board of trustees of any town which shall have voted to change its organization to a city, under this act, to call and give notice of an election to elect city officers, and to designate the time and place or places of holding the same. Such notice-shall be published in a newspaper, if there be one, within the town, or posted in ten public places, for at least twenty days before such election. Such president and trustees shall appoint the judges and clerks to hold such election, canvass the returns thereof, and cause the result to be entered upon the records of the town, and the provisions of this act, relative to the election of city officers, shall be applicable thereto; but, at such election, aldermen may be elected on a general ticket. 505. When county judge to give notice of election, etc.] § 8. In case of cities organizing under section five (5) of this article, the county judge shall call and give notice of the election, and perform the same duties relative thereto as is above required to be performed by president and trustees of such •town, and in canvassing such returns shall call to his assistance two justices of the peace. [See § 55©» 5©6. Term of first officers.] § 9. The city officers elected under either of the preceding sections, shall hold their respective offices until the next succeeding regular election for such officers, respectively, and until their successors are elected and qualified, as provided in this act. 507. Corporate name—powers.] § 10. Cities organized under this act shall be bodies politic and corporate, under the name and style of “ City of (name),” and under such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for corporate purposes, have a common140 OF THE ORGANIZATION OF CITIES. seal, and change the same at pleasure, and exercise all the powers hereinafter conferred. 508. Prior ordinances, etc., in force until, etc.] § 11. All ordinances, resolutions and by-laws in force in any city or town when it shall organize under this act, shall continue in full force and effect until repealed or amended, notwithstanding such change of organization; and the making of such change of organization shall not be construed to effect a change in the legal identity, as a corporation, of such city or town. 50®. Rig HTS, ETC., OF OLD CORPORATIONS TO VEST IN NEW.] § 12. All rights and property of every kind and description, which were vested in any municipal corporation under its former organization, shall be deemed and held to be vested in the same municipal incorporation, upon its becoming incorporated under the provisions of this act; but no rights or liabilities, either in favor of or against such corporation, existing at the time of so becoming incorporated under this act, and no suit or prosecution of any kind, shall be affected by such change, but the same shall stand and progress as if no change had been made: Provided, that when a different remedy is given by this act, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this act, the same shall be deemed cumulative to the remedies before provided, and used accordingly. 51®. Record of result of election.] § 13. The corporate authorities of any city or village which may become organized under this act shall, within three months after organization hereunder, cause to be filed in the office of the recorder of deeds, in the county in which such city or village is situated, a certified copy of the entry made upon the records of the city, village or county court, of the canvass of the votes, showing the result of such election, whereby such city or village became so organized—and such recorder of deeds shall record the same. And such corporate authorities shall also cause a like certificate to be filed in the office of the secretary of state, who shall file the same, and keep a registry of cities and villages organized under this act. 511. City register’s office abolished.] § 14. If any city organized or which may hereafter organize under this act, shall have had by the terms and provisions of its special charter a city register’s office or other office in which deeds, mortgages or other instruments were required or authorized by law to be recorded in lieu of recording the same in the recorder’s office in the county where said city was situated, such city register’s office or recorder’s office shall be discontinued under this act, and the city register or recorder or other officer having the custody of the records, books and papers pertaining to such city register or recorder’s office, shall deposit such records and books and papers in the office of the recorder of deeds of the county, in which such dity is situated, and shall take the receipt of the recorder of deedsOF THE MAYOR., 141 therefor, and such records, and books, and papers,.shall from thereafter be deemed and held for all purposes a part of the records of the recorder’s office of such county, and shall have like legal effect as if the same had been originally a part of the records of such county recorder’s office for all purposes whatsoever, and the same or certified transcripts made therefrom shall have like force and effect as evidence as other records of said recorder’s office. [As amended by act approved May 15,1879. In force, July 1, 1879. ARTICLE II. OF THE MAYOR. 512. Mayor—his qualifications.] § 1. The chief executive officer of a city shall be a mayor, who shall be a citizen of the United States, a qualified elector, reside within the city limits, and hold his office for two years, and until his successor is elected and qualified. 5IS. Vacancy one year or oyer.] § 2. Whenever a vacancy shall happen in the office of the mayor, when the unexpired term shall be one vear or over from the date when the vacancy occurs, it shall be filled by an election. 514. Vacancy less than year.] § 3. If the vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until his successor is elected and qualified. 515. Mayor pro teal] § 4. During a temporary absence or disability of the mayor, the city council shall elect one of its number to act as mayor pro tem., who, during such absence or disability, shall possess the powers of mayor. 51©. Vacancy by removal from city.] § 5. If the mayor, at any time during the term of his office, shall remove from the limits of the city, his office shall thereby become vacant. 517. Mayor to preside—casting vote.] § 6. The mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when he shall give the casting vote. 518. When he may remove officers.] § 7. 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 meeting to be held not less than five days nor more than ten days after such removal; and if the mayor shall fail, or refuse to file with the city clerk a statement of the reasons for such removal, or if the council by a two-thirds (§-) vote of all its. members authorized by law to be142 OF THE MAYOR. elected, by yeas and nays, to be entered upon its record, disap-prove of such removal, such officer shall thereupon 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. [As amended by act approved May 31, 1879. In force July 1, 1879. 5IS). His power to keep peace.] § 8. He may exercise, within the city limits, the powers conferred upon sheriffs, to suppress disorder and keep the peace. [See § 581; also, “Sheriffs,” ch. 125, § 17; “Criminal Code,” ch. 38, § 340; Rev. Stat’s. 520. 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. 521. General duties.] § 10. He shall perform all such duties as are or may be prescribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. 522. 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. 528. Messages to council.] § 12. The mayor shall, annually, and from time to time, give the council information relative to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient. 524. 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 ordinancesvand 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-iu-chief of the militia. 525. Misconduct, etc., of 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 willfully and corruptly be guilty of oppression, malconduct or misfeasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding $1,000; and the court in which such conviction shall be had shall enter an order removing such officer from office. [See “ Criminal Code,” ch. 38, §§ 208-219, Rev. Stat’s. 52©. Revising ordinances after change of organization.] § 15. He may appoint, by and with the advice and consent of the city council, immediately after such change of organization, one or more competent persons to prepare and submit to the city council, for their adoption or rejection, anOF THE CITY COUNCIL. 143 ordinance in revision of the ordinances of such city, and for the government of such city, the compensation of such reviser or revisers to be determined and fixed by the city council and paid out of the city treasury. ARTICLE III. OF THE CITY COUNCIL. 52?. Council—how composed.] § 1. The city council shall consist of the mayor and aldermen. 528. Number of aldermen.] § 2. The number of aider-men, when not elected by the minority representation plan, shall be as follows : In cities not exceeding three thousand inhabit- ants, six aldermen; exceeding three thousand, but not exceeding five thousand, eight aldermen; exceeding five thousand and not exceeding ten thousand, ten aldermen ; exceeding ten thousand and not exceeding thirty thousand, fourteen aldermen; and two additional aldermen for every twenty thousand inhabitants over thirty thousand : Provided, hoioever, that in cities of over 100,000 inhabitants, there shall be elected thirty-six aider-men, and no more. [See § @?B. 520. Term of office.] § 3. Aldermen shall hold their office for the term of two years, and until their successors are elected and qualified. 530. 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. 531. 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 anv tax or other liability due to the city; nor shall he be directly or indirectly interested in any contract whatever to which the city is a party; nor shall he be eligible if he shall have been 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 be a member of the city council; nor shall any member of the city council at the same time hold any other office under the city government; nor shall he be either directly or indirectly, individually, or as a member of a firm, engaged in any business transaction (other than official) with such city, through its mayor or any of its authorized boards, agents or attorneys, whereby any money is to be paid, directly or indirectly, out of the city treasury to such member or firms.144 OF THE CITY COUNCIL. 5S2. Council judge of its members.] § 6. The city council shall be judge of the election and qualification of its own members. 533« Rules—expulsion—bribery.] § 7. It shall determine its own rules of proceeding,' punish its members for disorderly conduct, and with the concurrence of two-thirds of the aldermen 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. 534. Quorum—compelling attendance.] § 8. A majority of the aldermen elect shall constitute a quorum to do business, but a smaller number may adjourn lrotn time to time, and may compel the attendance of absentees, under such penalties as may be prescribed by ordinance. 535. 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. 536. Chairman pro tem.] § 10. It may elect a temporary chairman in the absence of the mayor. 537. Open doors.] § 11. It shall sit with open doors. 538. Journal.] § 12. It shall keep a journal of its own proceedings. 539. Yeas and nays—record—vote required.] § 13. The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the city, or for the expenditure or appropriation of its money, and in all other cases at the request of any member, which shall be entered on the journal of its proceedings; and the concurrence of a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance or proposition: Provided, it shall require two-thirds of all the aldermen elect to sell any city or school property. 540. Not to rescind yote at special meeting, unless, etc.] § 14. No vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. 541. When report laid oyer.] § 15. Any report of a committee of the council shall be deferred, for final action thereon, to the next regular meeting of the same after the report is made, upon the request of any two aldermen present. 542. Territorial jurisdiction.] § 16. The city council and board of trustees shall also have jurisdiction in and over all places within one-half mile of the city or village limits, for the purpose of enforcing health and quarantine ordinances and regulations thereof. [See §§ 569* 668* 698* Y15. 543. Special meeting.] § 17. The mayor or any three aldermen may call special meetings of the city council.ELECTIONS. 145 544. Ordinances—approval—veto.] § IB. All ordinances passed by the.city council shall, beiore they take effect, be deposited in the office of the city clerk; and if the mayor approves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objections thereto, in writing, at the next regular meeting of the council occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance making an appropriation, or to the entire ordinance; and in case the veto only extends to a part of such ordinance, the residue thereof shall take effect and be in force. But in case the mayor shall fail to return any ordinance, with his objections thereto, by the time aforesaid, he shall be deemed to have ap-proved such ordinance, and the same shall take effect accordingly. 545. Reconsideration—passing over veto.] § 19. Upon the return of any ordinance by the mayor, the vote by which the same was passed shall be reconsidered by the council; and if, after such reconsideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve thereof. The vote to pass the same over the mayor’s veto shall be taken by yeas and nays, and entered on the journal. ARTICLE IV. ELECTIONS. 546. Annual election.] § 1. A general election for city officers shall be held on the third Tuesday of April, of each year: Provided, that in cities which include wholly within their corporate limits a town or towns, such elections shall be held on the first Tuesday of April. [As amended by act approved and in force March 9, 1877. See §§ '746, 747. 547. Election of mayor, city clerk, attorney and treasurer.] § 2. At the general election held in 1877, and biennially thereafter, a mayor, a city clerk, a city attorney, and a city treasurer shall be elected in each city: Provided., that no person shall be elected to the office of city treasurer for two terms in succession. [As amended by act approved and in force March 26, 1877. 548. Who entitled to vote.] § 3. All persons entitled to vote at any general election for state officers within any city or village, having resided therein thirty days next preceding thereto, may vote at any election for city or village officers. [See “Elections,” ch. 46; §§ 65, 66; Const., Art. 7, § 1, Rev. Stat’s. 10148 ELECTIONS. 54©. Wards.] § 4. The city council may, from time to time, divide the city into one-half as many wards as the total number of aldermen to which the city is entitled; and one aider-man shall, annually, be elected in and for each ward, to hold his office for two years, and until his successor is elected and qualified. In the formation of wards, the population of each shall be as nearly equal and the ward shall be of as compact and contiguous territory as practicable. 55®. Aldermen at first election—classified.] § 5. At the first election under this act, there shall be elected the full number of aldermen to which the city shall be entitled. At the first meeting of the city council after such election, the aldermen elected shall be divided, by lot, into two classes; those of the first class shall continue in office for one year, and those of the second for two years. And upon any increase of the number of aldermen, at their first election, one-half shall be elected for one year, and one-half for two vears. " 551. Minority representation.] §6. Whenever this act shall be submitted to the qualified electors of any city for adoption, there shall be submitted at the same time for adoption or rejection the question of minorit}7 representation in the city council or legislative authority of such city. At the said election the ballot shall be in the following, form: 41 For minority representation in the city council,” or u against minority representation in the city council,” and at any subsequent time on petition of the legal voters equal in number to one-eighth the number of legal votes cast at the next preceding general city election, the city council shall cause the question of minority representation to be submitted to the legal voters of said city, and the ballots shall be in form as provided in this section: Provided, that no such question of representation shall be submitted more than once in every two years. The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns and to cause the result of such canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be for equal representation in the city council, then the members of the'city council, or legislative authority of such city, shall be thereafter elected in the following manner: The council or legislative authority of such city, at least one month before the general election in the year in which this act shall take effect in such city, shall apportion such city by dividing the population thereof, as ascertained by the last Federal Census, by any number not less than two, nor more than six, and the quotient shall be the ratio of representation in the city council. Districts shall be formed of contiguous and compact territory, and contain as near as practicable, an equal number of inhabitants: And, provided,further, that where said council or legislative authority of such city have not fixed a ratio of representation and formed the districts or wards, at the time above specified, the sameELECTIONS. 147 may be done by any subsequent board of aldermen; but all official acts heretofore done, and ordinances heretofore passed by any board of aldermen elected at large by the legal electors of any such city on the minority representation plan, shall be held and taken by all courts in this state to be of as much validity and binding force as if they had been elected from wards or districts. [As amended by act approved and in force April 1, 1883. 552. Aldermen undee minority plan.] § 7. Every such district shall be entitled to three aldermen, who shall hold their office for two years, and until their successors shall be elected and qualified. At the first general election for mayor, after the passage of this act, and every two years thereafter, there shall be elected in each ward as many aldermen as such ward shall be entitled to: Provided, that aldermen elected under this act in wards wherein aldermen were elected for two years at the last previous annual election, shall not take their seats as such until the terms of the aldermen Jast aforesaid shall expire. Vacancies shall be filled at an election to be held by the voters of the district in which such vacancies shall occur, at the time to be designated by the city council. In all elections for aldermen aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same or equal parts thereof,, among the candidates, as he shall see fit, and the candidate highest in votes shall be declared elected. [As amended by act approved and in force April 1, 1883. 55S. Aldermen when minority plan not adopted.] § 8. If a majority of the votes cast at such election shall be “Against minority representation in the city council,” the preceding section shall be null and void, so far as it relates to such city at such election, and the aldermen of such city shall be elected as otherwise provided for in this act. 554. Place op 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. 555. Manner of conducting elections, etc.] § 10. The manner of conducting and voting at elections to be held under this act and contesting the same, the keeping of poll lists and canvassing the votes, shall be the same, as nearly as may be, as in the case of the election of county officers, under the general laws of this state. The judges of election shall appoint clerks, when necessary, to fill vacancies, and the judges and clerks shall take the same oath and have the same powers and authority as the judges and clerks of general state elections. After the closing of the148 OF THE POWERS OF THE CITY COUNCIL. polls, the ballots shall be counted and the returns made out and returned, under seal, to the city or village clerk, as the case may be, within two days after the election; and, thereupon, the city council or board of trustees, as the case may be, shall examine and canvass the same and declare the result of the election, and cause a statement thereof to be entered upon its journals. [See “ Elections,'” ch. 46; § 48 etseq. Rev. Stat’s. 556. Result—tie.] §11. The person having the highest number of votes, for any office, shall be declared elected. In case of a tie in the election of any city or village officer, it shall be determined by lot, in presence of the city council or board of trustees, in such manner as they shall direct, which candidate or candidates shall hold the office. 557. Notice to persons elected or appointed.] § 12. It shall be the duty of the village or city clerk, within five days after the result of the election is declared or appointment made, to notify all persons elected or appointed to office of their election or appointment, and unless such persons shall respectively qualify in ten days after such notice, the office shall become vacant. 558. When no quorum in office—special election.] § 13. If, for any cause, there shall not be a quorum in office of the city council or board of trustees, the mayor, clerk, or any alderman or trustee, as the case may be, may appoint the time and place for holding a special election to supply such vacancy and give notice and appoint the judges thereof. 559. Special elections.] § 14. If there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, the city council or board of trustees may forthwith order a new election therefor; and in all cases, when necessary for the purposes of this act, may call special elections, appoint judges and clerks thereof, canvass the returns thereof, and provide by ordinance for the mode of conducting the same; and shall give notice of such special elections, in which shall be stated the questions to be voted upon, and cause such notices to be published or posted for the same length of time and in the same manner as is required in the case of regular annual elections in such cities or villages. ARTICLE V. OF THE POWERS OF THE CITY COUNCIL. 560. § 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.OF THE POWERS OF THE CITY COUNCIL. 149 Second—To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. Third—To levy and collect taxes for general and special purposes on real and personal property. [See §§,587, 669; 717- 722. Fourth—To fix the amount, terms and manner of issuing and revoking licenses. Fifth—To borrow money on the credit of the corporation for corporate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it shall prescribe, but shall not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate to exceed five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness; and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal 'thereof within twenty years after contracting the same. [See §§ 588, «67, 714. Sixth—To issue bonds in puioe of or to supply means to meet maturing bonds, or for the consolidation or funding of the same. Seventh—To lay out, to establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks and public grounds, and vacate the same. [See §§ 740-745. Eighth—To plant trees upon the same. Ninth—To regulate the use of the same. Tenth—To prevent and remove encroachments or obstructions upon the same. Eleventh—To provide for the lighting of the same. Twelfth—To provide for the cleansing of the same. Thirteenth—To regulate the openings therein for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains, and erecting gas lights: Provided, however, that any company heretofore organized under the general laws of this state, or any association of persons organized, or which may be hereafter organized for the purpose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof, with the same, shall have the right, by consent of the common council (subject to existing rights), to erect gas factories and lay down pipes in the streets or alleys of any city or village in this state, subject to such regulations as any such city or village may by ordinance impose. Fourteenth—To regulate the use of sidewalks and all structures thereunder, and to require the owner or occupant of any premises to keep the sidewalks in front of, or along the same, free from snow and other obstructions.150 OF THE POWERS OF THE CITY COITEOIL. Ft teenth—To regulate and prevent the throwing' or depositing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury to any street, avenue, alley or public ground. Sixteenth—To provide for and regulate crosswalks, curbs and gutters. Seventeenth—To regulate and prevent the use of streets, sidewalks and public grounds for signs, sign posts, awnings, awning posts, telegraph poles, horse troughs, racks, posting handbills and advertisements. Eighteenth—To regulate and prohibit the exhibition or carrying of banners, placards, advertisements or handbills in the streets or public grounds, or upon the sidewalks. Nineteenth—To regulate and prevent the flying of flags, banners or signs across the streets or from houses. Twentieth—To regulate traffic and sales upon the streets, sidewalks and public places. Twenty-first-—To regulate the speed of horses and other animals, vehicles, cars and locomotives within the limits of the corporation. Twenty -second—To regulate the numbering of houses and lots. Twenty-third—To name and change the name of any street, avenue, alley, or other public place. Twenty-fourth—To permit, regulate or prohibit the locating, constructing or laying a track of any horse railroad in any street, alley or public place; but such permission shall not be for a longer time than twenty years. [See UH. and D. Railroads,” §§834- 837. Twenty fifth—To provide for and change the location, grade and crossings of any railroad. Twenty-sixth—To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets and public roads, and keep the same in repair, within the limits of the corporation. In case any railroad company shall fail to comply with any such ordinance, it shall be liable for all damages the owner of any cattle or horses or other domestic animal, may sustain, by reason of injuries thereto while on the track of such railroad, in like manner and extent as under the general laws of this state, relative to the fencing of railroads ; and actions to recover such damages may be instituted before any justice of the peace or other court of competent jurisdiction. Twenty-seventh—To require railroad companies to keep flagman at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. To compel such railroad to raise or lower their railroad tracks to conform to any grade which may, at any time, be established by such city, and where such tracks run lengthwise of any such street, alley or highway, to keep their railroad tracks on a level with theOF THE POWEES OF THE CITY COUNCIL. 151 street surface, and so that such tracks may be crossed at anyplace on such street, alley or highway. To compel and require railroad companies to make and keep open and to keep in repair ditches, drains, sewers and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded. Twenty-eighth—To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof. £ See §§ -693-604., Twenty-ninth—To construct and keep in repair culverts, drains, sewers and cesspools, and to regulate the use thereof. Thirtieth—To deepen, widen, dock, cover, wall, alter or change the channel of water courses. Thirty-first—To construct and keep in repair canals and slips for the accommodation of commerce. Thirty-second—To erect and keep in repair public landing places, wharves, docks, and levees. Thirty-third—To regulate and control the use of public and private landing places, wharves, docks and levees. Thirty-fourth—To control and regulate the anchorage, moorage and landing of all water craft and their cargoes within the jurisdiction of the corporation. Thirty-fifth—To license, regulate and prohibit wharf-boats, tugs and other boats used about the harbor or within such jurisdiction. Thirty-sixth—To fix the rate of wharfage and dockage. Thirty-seventh—To collect wharfage and dockage from all boats, rafts or other craft landing at or using any public landing-place, wharf, dock or levee within the limits of the corporation. Thirty-eighth—To make regulations in. regard to the use of harbors, towing of vessels, opening and passing of bridges. Thirty-ninth—To appoint harbor masters, and define their duties. Fortieth—To provide for the cleansing and purification of waters, 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, exp essmen, and all others pursuing like occupations, and to prescribe their compensation. Forty-third—To license, regulate, tax and restrain runners for stages, cars, public houses, or other things or persons. Forty-]ourth—To license, regulate, tax or prohibit and sup-OF THE PO WEES OF THE CITY COTI FOIE. 152 press billiard, bagatelle, pigeon hole or any other tables or implements kept or used for a similar purpose in any place of public resort, pin alleys and ball alleys. Forty-fifth—To suppress bawdy and disorderly houses, houses of ill-fame or assignation, within the limits of the city, and withm three miles of the outer boundaries of the city; and also to suppress gaming and gambling houses, lotteries, and all fraudulent devises and practices for the purpose of gaming or obtaining money or property; and to prohibit the sale or exhibition of obscene or immoral publications, prints, pictures or illustrations. [ See §§ ©8>8-©SS©. Forty-sixth—To license, regulate and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to he 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, sacramental and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance: Provided, further, that in granting licenses such corporate authorities shall comply with whatever general law of the state may be in force relative to the granting of licenses. [See “ Dram Shops” §§ 77&-7H®. Forty-seventh—The foregoing shall not be construed to affect the provisions of the charter of any literary institution heretofore granted. Forty-eighth—And the city council in cities, and president and board of trustees in villages, shall also have the power to forbid and punish the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice or servant, or insane, idiotic or distracted person, habitual drunkard, or person intoxicated. Forty-ninth—To establish markets and market houses, and provide for the regulation and use thereof. Fiftieth—To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and to provide for place and manner of selling the same. Fifty-first—To prevent and punish forestalling and regrating. Fifty-second—To regulate the sale of bread in the city or village; prescribe the weight and quality of the bread in the loaf. Fifty-third—To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal, and other provisions. Fifty fourth—To regulate the inspection, weighing and measuring of brick, lumber, firewood, coal, hay, and any article of merchandise. Fifty fifth—To provide for the inspection and sealing of weights and measures.OF THE POWERS OF THE CITY COUNCIL. 153 Fifty-sixth—To enforce the keeping and use of proper weights and measures by vendors. Fifty-seventh—To regulate the construction, repairs and use of vaults, cisterns, nreas, hydrants, pumps, sewers and gutters. Fifty-eighth—To regulate places of amusement. Fifty-ninth—To prevent intoxication, fighting, quarreling, dog-fights, cock-fights, and all disorderly conduct. Sixtieth—To regulate partition fences and party walls. Sixty-first—To prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and construction of fire escapes therein. Sixty-second—The city council, and the president and trustees in villages, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected or placed or repaired, without permission, and to direct that all and any buildings within the fire limits, when the same shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent, of the value, shall be torn down or removed, and to prescribe the manner of ascertaining such damage. Sixty-third—To prevent the dangerous construction and condition of chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed or placed in a safe condition, when considered dangerous; to regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires; to prevent the deposit of ashes in unsafe places, and to cause all such buildings and inclosures as may be in a dangerous state to be put in a safe condition. Sixty-fourth—To erect engine houses, and provide fire engines, hose carts, hooks and ladders, and other implements for prevention and extinguishment of fires, and provide for the use and management of the same by voluntary fire companies or otherwise. Sixty fifth—To regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitroglycerine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use of lights in stables, shops and other places, and the building of bonfires; also to regulate and restrain the use of fire-works, fire-crackers, torpedoes, Roman candles, sky-rockets, and other pyrotechnic displays. Sixty-sixth—To regulate the police of the city or village, and pass and enforce all necessary police ordinances. Sixty-seventh—To provide for the inspection of steam boilers. Sixty-eighth—To prescribe the duties and powers of a superintendent of police, policemen and watchmen. Sixty-ninth—To establish and erect calabooses, bridewells, houses of correction and workhouses, for the reformation and confinement of vagrants, idle and disorderly persons, and persons154: OF THE POWERS OF THE CITY COUNCIL. convicted of violating any city or village ordinance, and make rales and regulations for the government of the same, and appoint necessary keepers and assistants. Seventieth—To use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the county board. Seventy-first—To provide by ordinance in regard to the relation between all the officers and employees of the corporation in respect to each other, the corporation and the people. Seventy-second—To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or private place. Seventy-third—To prohibit and punish cruelty to animals. Seventy-fourth—To restrain and punish vagrants, mendicants and prostitutes. Seventy fifth—To declare what shall be a nuisance, and to abate the same; and to impose fines upon parties who may create, continue or suffer nuisances to exist. Seventy-sixth—To appoint aboard of health, and prescribe its powers and duties. Seventy-seventh—To erect and establish hospitals and medical dispensaries, and control and regulate the same. Seventy-eighth—To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. Seventy-ninth—To establish and regulate cemeteries, within or without the corporation, and acquire lands therefor, by purchase or otherwise, and cause cemeteries to be removed, and prohibit their establishment within one mile of the corporation. [See u Cemeteries, ” § î'î'i. Eightieth—To regulate, restrain and prohibit the running at large of horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax on dogs. Eighty first—To direct the location and regulate the management and construction of packing houses, renderies, tallow chandleries, bone factories, soap factories and tanneries, within the limits of the city or village, and within the distance of one mile without the city or village limits. Eighty-second—To direct the location and regulate the use and construction of breweries, distilleries, livery stables, blacksmith shops and founderies within the limits of the city or village. Eighty-third—To prohibit any offensive or unwholesome business or establishment within or within one mile of the limits of the corporation. Eighty fourth—To compel the owner of any grocery, cellar, soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof. Eighty-fifth—The city council, or trustees of a village, shallOF THE POWEKS OF THE CITY COUNCIL. 155 have power to provide for the taking of the city or village census; but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. Eighty-sixth—To provide for the erection and care of all public buildings necessary for the use of the city or village. Eighty-seventh—To establish ferries, toll bridges and license and regulate the same, and, from time to time, fix tolls thereon. [See §693. 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 condemnation or otherwise, to extend any street, alley or highway over or across, or to construct any sewer under or through any railroad track, right of way, or land of any railroad company (within the corporate limits); but where no compensation is made to such railroad company, the city shall restore such railroad track, right of way or land to its former state, or in a sufficient manner not to have impaired its usefulness. Ninetieth—The city council or board of trustees shall have no power to grant the use of, or the right to lay down, any railroad tracks in any street of the city, to any steam or horse railroad company, except upon a petition of the owners of the land representing more than one half of the frontage of the street, or so much thereof as is sought to be used for railroad purposes. [See “ H. and D. E. R,” § 886. Ninety-first—To tax, license and regulate auctioneers, distillers, 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 practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams and horses. Ninety-third—To regulate and prohibit the keeping of any lumber yard, and the placing or piling or selling any lumber, timber, wood or other combustible material, within the fire limits of the city. Ninety-fourth—To provide, by ordinance, that all the paper, printing, stationery, blanks, fuel, and all the supplies needed for the use of the city, shall be furnished by contract, let to the lowest bidder. Ninety-fifth—To tax, license and regulate second-hand and junk stores, and to forbid their purchasing or receiving from minors, without the written consent of their parents or guardians, any article whatsoever. Ninety-sixth—To pass all ordinances, rules, and make all regulations, proper or necessary, to carry into effect the powers granted to cities or villages, with such fines or penalties as the156 OF THE POWERS OF THE CITY COUNCIL. city council or board of trustees shall deem proper: Provided, no fine or penalty shall exceed $200, and no imprisonment shall exceed six months for one offense. 561. Style of ordinances.] § 2. The style of the ordinances in cities shall be: “ Be it ordained by the City Council of 562. Publication of ordinances—when take effect.] § 3. Ail ordinances of cities and villages imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation, shall, within one month after they are passed, be published at least once in a newspaper published in the city or village, or, if no such newspaper is published therein, by posting copies of the same in three public places in the city or village; and no such ordinance shall take effect until ten days after it is so published. And all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provided therein. 563. Proof of ordinances.] § 4. All ordinances, and the date of publication thereof, may be proven by the certificate of the clerk, under the seal of the corporation. And when printed in book or pamphlet form, and purporting to be published by authority of the board of trustees or the city council, the same need not be otherwise published; and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and places without further proof. TSee “ Evidence,” §§ 829-836. 564. Suits for violating ordinances.] § 5. All actions brought to recover any fine, or to enforce any penalty, under any ordinance of any city or village,shall be brought in the corporate name of the city or village as plaintiff; and no prosecution, recovery or acquittal, for the violation of any such ordinance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate. 565. Fines and licenses—paid to treasurer.] § 6. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance. 566. Summons—affidavit—punishment.] § 7. In all actions for the violation of any ordinance, the first process shall be a summons: Provided, however, that a warrant for the arrest of the offender may issue in the first instance upon the affidavit ot' 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. AnyOFFICERS—THEIR POWERS AFD DUTIES. 157 person upon whom any fine or penalty shall be imposed, may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail or the calaboose, city prison, workhouse, house of correction, or other place provided by the city or village for the incarceration of offenders, until such fine, penalty and cost shall be fully paid: Provided, that no such imprisonment shall exceed six months for anyone offense. The city council or board of trustees shall have power to provide, by ordinance, that every person so committed shall be required to work for the corporation, at such labor as his or her strength will permit, within and without such prison, work house, house of correction, or other place provided for the incarceration of such offenders, not exceeding ten hours each working day; and for such work the person so employed to be allowed, exclusive of his or her board, $2 for each day’s work on account of such fine and cost. 567. Jurisdiction of justices, etc.] § 8. Any and all justices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof. 568. Constable or sheriff may serve frocess, 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. 569. Jurisdiction over waters—street labor.] § 10. The city or village government shall have jurisdiction upon all waters within or bordering upon the same, to the extent of three miles beyond the limits of the city or village, but not to exceed the limits of the state; and may, by ordinance, require every able-bodied male inhabitant, of such city or village, above the age of twenty-one years and under the age of fifty years (excepting paupers, idiots, lunatics, and such others as are exempt by law), to labor on the streets and alleys of such city or village, not more than three days in each year, but such ordinance shall provide for commutation of such labor at not more than one dollar and fifty cents per day. [As amended by act approved April 10, 1875. In force July 1, 1875. ARTICLE VI. OFFICERS—THEIR POWERS AND DUTIES. 570. Officers.] § 1. There shall be elected, in all cities organized under this act, the following officers, viz.: a mayor, a city council, a city clerk, city attornev, and a city treasurer. 571. Other officers—duties of city marshal.] § 2. The city council may, in its discretion, from time to time, by or-158 OFFICERS—THEIR POWERS AND DUTIES. dinance passed by a vote of two-thirds of all the aldermen elected, provide for the election by the legal voters of the city, or the appointment by the mayor, with’the approval of the city council, of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other officers as may by said council be deemed necessary or expedient. The city council may, by a like vote, by ordinance or resolution, to take effect at the end of the then fiscal year, discontinue any office so created, and devolve the duties thereof on any other city officer; and no officer filling any such office so discontinued, shall have any claim against the city on account of his salary, after such discontinuance. The city marshal shall perform such duties as shall be prescribed by the city council for the preservation of the public peace, and the 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. 572. Appointments—vacancies—duties—powers.] § 3. All officers of any city, except where herein otherwise provided, shall be appointed by the mayor (and vacancies in all offices except the mayor and aldermen shall be filled by like appointment) by and with the advice and consent of the city council. The city council may, by ordinance, not inconsistent with the provisions of this act, prescribe the duties and define the powers of all such officers, together with the term of any such office: Provided, the term shall not exceed two years. [See §§ 513-51©* 53®. 573. Oath—bond.] § 4. All officers of any city or village, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation: I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of. according to the best of my ability. Which oath or affirmation, so subscribed, shail be filed in the office of the clerk. And all such officers, except aldermen and trustees, shall, before entering upon the duties of their respective offices, execute a bond with security, to be approved by the city council or board of trustees, payable to the city or village, in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city or village: Provided, however, that in no case shall the mayor’s bond be fixed at a less sum than three thousand dollars ($3,000); nor shall the treasurer’s 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).OFFICERS—THEIR POWERS AND DUTIES. 159 574. Commission—certificate—delivery to successors.] § 5. All officers elected or appointed under this act, (except the clerk, aldermen and mayor, and trustees,) shall be commissioned by warrant, under the corporate seal, signed by the clerk and the mayor or presiding officer of the city council or board of trustees. The mayor or president of the board of trustees shall issue a certificate of appointment or election, under the seal of the corporation, to the clerk thereof, and any person having been an officer of the city or village, shall, within five days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession, belonging to the city or village, or appertaining to his said office; and upon his refusal to do so, shall be liable for all the damages caused thereby; and to. such penalty as may by ordinance be prescribed. 575. Qualification of officers.] § 6. No person shall be eligible to any office who is not a qualified elector of the city or village, and who shall not have resided therein at least one year next preceding his election or appointment, nor shall any person be eligible to any office who is a defaulter to the corporation. [See c- Officers,” §§ 841, 848. 57©. Not interested in contracts, etc.] § 7. No officer shall be directly or indirectly interested in any contract, work or business of the city, or the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation. [See u Officers,” §§841, 848. 577. Bribery—penalty.] § 8. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in who'e or in part, to be promised, offered or given to any member of the city council or board of trustees, or any officer of the corporation, after or before his election or appointment as such officer, any moneys, goods, right in action, or other property or anything of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may by law be brought before him in his official capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or undertaking to make the same under any agreement or understanding that his vote, opinion, judgment or action shall be influenced thereby, or shall be given in any question, matter, cause or proceeding then pending, or which may by law be brought before him in his official capacity, shall, upon convict on, be disqualified from holding any public160 OFFICERS—THEIR POWERS AND DUTIES. office, trust or appointment under the city or village, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or by a fine not exceeding $5,000, or both, in the discretion of the court. Every person offending against either of the provisions of this section, shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury or in any court in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. [See “ Criminal Code,” ch. 38, §§ 31, 35, Rev. Stat’s. 578. Mayor, etc., not to hold other office.] § 9. No mayor, alderman, city clerk, or treasurer, shall hold any other office under the city government during his term of office. [See u Officers,” §§ 841,848. 579. Duties of clerk.] § 10. The clerk shall keep the corporate seal, to be provided under the direction of the city council or board of trustees, and all papers belonging to the citv or village; he shall attend all meetings of the city council or board of trustees, and keep a full record of its proceedings in the journal; and copies of all papers duly filed in his office, and transcripts from the journals and other records and files of his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. 58®. Record of ordinances.] § 11. The clerk shall record, in a book to be kept for that purpose, all ordinances passed by the city council or board of trustees, and at the foot of the record of each ordinance so recorded shall make a memorandum of the date of the passage and of the publication or posting of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of such ordinances for all purposes whatsoever. 581. Conservators of the peace—powers of.] § 12. The trustees in villages, the mayor, aldermen, and the marshal and his deputies, policemen and watchmen in cities, if any such be appointed, shall be conservators of the peace, and all officers created conservators of the peace by this act, or authorized by any ordinance, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating 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 overnight or Sunday in the watch house or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers as conservators of the peace as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal warrants to whomsoever directed,OF FINANCE. 161 may be served and executed within the corporate limits of any such city or village by any policeman of such city or-village; such policemen being hereby clothed with all the common law and statutory .power of constables lor such purposes. [As amended by act approved June 14, 1883. In force July 1, 1883. See § 519. 583. Compensation of mayor.] § 13. The mayor of any city shall receive such compensation as the city council may by ordinance direct, but his compensation shall not be changed during his term of office. 58S. Compensation of aldermen and trustees.] § 14. The aldermen and trustees may receive such compensation for their services as shall be fixed-by ordinance: Provided, however, such compensation shall not exceed $3 to each alderman or trustee, for each meeting of the city council, or board of trustees, actually attended by him, and no other compensation than for attendance upon such meetings shall be allowed to any alderman or trustee for any services whatsoever. Such compensation shall not be changed, after it has been once established, so as to take effect as to any alderman or trustee voting for such change, during his term of office. 584. Compensation of other officers.] § 15. All other officers may receive a salary, fees or other compensation to be fixed by ordinance, and after the same has been once fixed, such fees or compensation shall not be increased or diminished, to take effect during the term for which any such officer was elected or appointed\ and every such officer shall make and return to the mayor, or president of the board of trustees, a semi-annual report, verified by affidavit, of all such fees and emoluments received by him. [See “Fees and Salaries,” ch. 53, § 38 Rev. Stat’s. 585. Administering oaths.] § 16. The mayor of any city, and the clerk of any city or village, shall have power to administer oaths and affirmations upon all lawful occasions. ARTICLE VII. OF FINANCE. 586. Fiscal year.] § 1. The fiscal year of each city or village organized under this act shall commence at the date established by law for the annual election of municipal officers therein, or at such other times as may be fixed by ordinance. 587. Annual appropriation ordinance.] §2. The city council of cities, and board of trustees in villages, shall, within the first quarter of each fiscal year, pass an ordinance, to be termed the annual appropriation bill, in which such corporate au- 11162 OF FINANCE. thorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation; andin such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriations 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. 58®. Limitation—emergency—borrowing money.] § 3. Neither the city council nor the board of trustees, nor any department or officer of the corporation, shall add to the corporation expenditures in any one year anything over and above the amount provided for in the annual appropriation bill of that year, except as is herein otherwise specially provided; and no expenditure for a'n improvement to be paid for out of the general fund of the corporation shall exceed, in any one year, the amount provided for such improvement in the annual appropriation bill : Provided, however, that nothing herein contained shall prevent the city council or board of trustees from ordering, by a two-thirds vote, any improvement the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The city council or board of trustees may, by a like vote, order the mayor or president of the board of trustees and finance committee to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improvements the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year—which sum, and the interest, shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. Should any. judgment be obtained against the corporation, the mayor, or president of the board of trustees and finance committee, under the sanction of the city council or board of trustees, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next fiscal year—which sum and interest shall, in like manner, be added to the amount authorized to be raised in the general tax levy of the next year, and embraced therein. 589. Contracting liabilities limited.] § 4. No contract shall be hereafter made by the city council or board of trustees, or any committee or member thereof; and no expense shall be incurred by any of the officers or departments of the corporation, whether the object .of the expenditure shall have been ordered by the city council or board of trustees or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided. [See “Criminal Code,” ch. 38, § 208, Rev. Stat’s.OF FINANCE. 163 590. Duties of treasurer.] § 5. The treasurer shall receive all moneys belonging to the corporation, and shall keep his books and accounts in such manner as may be prescribed by ordinance, and such books and accounts shall always be subject to the inspection of any member of the city council or board of trustees. 591. Separate accounts.] § 6. He shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto. 592. Receipts.] § 7. He shall give every person paying money into the treasury a receipt therefor, specifying the date of payment, and upon what account paid ; and he shall also file copies of such receipts with the clerk, at the date of his monthly reports. 593. Monthly statements—warrants—vouchers—register.] § 8. The treasurer shall, at the end of each and every month, and oftener if required, render an account to the city council or board of trustees, or such officer as may be designated by ordinance (under oath,) showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury, and on what account, together with all warrants redeemed and paid by him; which said warrants, with any and all vouchers held by him, shall be delivered to the clerk, and filed with his said account in the clerk’s office, upon every day of such settlement. He shall return all warrants paid by him stamped or marked u 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. 594. Deposit of funds—separate from his.] § 9. The treasurer may be required to keep all moneys in his hands, belonging to the corporation, in such place or places of deposit as may be designated by ordinance: Provided, however, no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer and deposited elsewhere than in some regularly organized bank, nor without a bond to be taken from such bank, in such penal sum and with such security as the city council or board of trustees shall direct and approve, sufficient to save the corporation from any loss; but such penal sum shall not be less than the estimated receipts for the current year from taxes and special assessments levied, or to be levied, by the corporation. The treasurer shall keep all moneys belonging to the corporation in his hands separate and distinct from his own moneys, and he is hereby expressly prohibited from using, either directly or indirectly, the corporation money or warrants in his custody and keeping, for his own use and benetit, or that of any other person or persons whomsoever; and any violation of this provision shall164 CITY COLLECTOR. 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 “ Criminal Code,” ch. 38, §§ 80, 81, Rev. Stat’s. 595. Treasurer’s annual report—publication.] § 10. The treasurer shall report to the city council or board of trustees, as often as required, a full and detailed account of all receipts and expenditures of the corporation, as shown by his books, up to the time of said report; and he shall, annually, between the first and tenth of April, make out and file with the clerk a full and detailed account of all such receipts and expenditures, and of all his transactions, as such treasurer, during the preceding fiscal year, and shall show in such account the state of the treasury at the close oi the fiscal year; which account the clerk shall immediately cause to be published in a newspaper printed in such city, if there be one, and if not, then by posting the same in a public place in the clerk’s office. 59®. Warrants.] §11. All warrants drawn upon the treasurer must be signed by the mayor and countersigned by the clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable; and no money shall be otherwise paid than upon such warrants so drawn, except as hereinafter provided. 59¥. Special assessment funds kept separate.] § 12. All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever, unless to reimburse such corporation for money expended for such improvement. CITY COLLECTOR. 598. His duties.] § 13. It shall be the duty of the collector, when one is appointed, to preserve all warrants which are returned into his hands, and he shall keep such books and his accounts in such manner as the city council may prescribe. Such warrants, books, and all papers pertaining to his office,shall at all times be open to the inspection of and subject to the examination of the mayor, city clerk, any member of the council, or committee thereof. He shall weekly, and oftener, if required by the council, pay over to the treasurer all moneys collected by him from any source whatever, taking such treasurer’s receipt therefor, which receipt he shall immediately file with the city clerk; but the city clerk shall, at the time, or on demand, give such tax collector a copy of any such receipt so filed. 599. He shall report, etc.—publication.] § 14. HeCITY COMPTROLLER. 165 shall make a report, in writing, to the council, or any officer designated by the council, of all moneys collected by him, the account whereon collected, or of any other matter in connection with his office, when required by the council or by any ordinance of the city. He shall also, annually, between the first and tenth of April, file with the clerk a statement of all the moneys collected by him during the year, the particular warrant, special assessment or account on which collected, the balance of moneys uncollected on ail warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he shall have returned, during the preceding fiscal year, to the city clerk. The city clerk shall publish or post the same, as hereinbefore required to be done in regard to the annual report of the treasurer. [See § 505. 600. Not to detain- money—penalty.] § 15. The collector is hereby expressly prohibited from keeping the moneys of the city in his hands, or in the hands of any person or corporation, to his use, beyond th.e 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 ‘‘Criminal Code,” ch. 38, §§ 80, 81, Rev. Stat’s. 601. Examination op his books—paying over.] § 16. All the city collector’s papers, books, warrants and vouchers may be examined at anytime by 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 treasurer, taking his receipt therefor in duplicate, one of which receipts he shall at once file in the office of the clerk. CITY COMPTROLLER. 60S. His powers and duties.] § 17. The city comptroller (if there shall be any city comptroller appointed, if not, then the clerk) shall exercise a general supervision over all the officers of the corporation charged in any manner with the receipt, collection or disbursement of corporation revenues, and the collection and return of all such revenues into the treasury. He shall have the charge, custody and control of all deeds, leases, warrants, vouchers, books and papers of any kind, the custody and control of which is not herein given to any other officers; and he shall, on or before the fifteenth day of May, in each year, and before the annual appropriations to be made by the city council or the board of trustees, submit to the city council or board of trustees a report of his estimates, as nearly as may be, of moneys necessary to defray the expenses 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, he166 GENERAL PROVISIONS. is authorized to require of all officers their statement of the condition and expenses of their respective offices or departments, with any proposed improvements and the probable expense thereof, all contracts made and unfinished, and the amount of any and all unexpended appropriations of the preceding year. He shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report he shall give such other information to the council or board of trustees as he may deem necessary, to the end that the city council or board of trustees may fully understand the money exigencies and demands upon the corporation for the current year. 6015. Council MAY DEFINE THE DUTIES-----------TRANSFER OF clerk’s financial duties.J § 18. When there shall be appointed in any city a comptroller, the city council may, by ordinance or resolution, confer upon him such powers, and provide for the performance of such duties by him, as the city council shall deem necessary and proper; and all the provisions of this act relating to the duties of city clerk, or the powers of city clerk in connection with the finances, the treasurer and collector, or the receipt and disbursements of the moneys of such city, shall be exercised and performed by such comptroller, if one there shall be appointed; and to that end and purpose, wherever in this act heretofore the word “ clerk” is used, it shall be held to mean “comptroller;” and wherever the “clerk’s office ” is referred to, it shall be held to mean “ comptroller’s office.” 604. Becord 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 books kept expressly for that purpose, a correct list of all the outstanding bonds of the city, showing the number and amount of each, for and to whom the said bonds are issued; and when any city bonds are purchased, or paid, or canceled, said book or books shall show the fact; and in his annual report he shall describe, particularly, the bonds sold during the year, and the terms of sale, with each and every item of expense thereof. GENERAL PROVISIONS. 605. Further duties may re required.] § 20. The collector and treasurer, and all other officers connected with the receipt and expenditure of money, shall perform such other duties, and be subject to such other rules and regulations as the city council or board of trustees may, from time to time, by ordinance, provide and establish. 60S. Appeal 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 ap-GENERAL PROVISIONS. 167 peal to the finance committee of the council or board of trustees, whose decision in all matters of controversy arising between said officers shall be binding, unless the city council or board of trustees shall otherwise direct and provide. ©07. Who may appoint subordinates.] §22. The comptroller (if there shall be one), the clerk, treasurer and collector, shall, severally, appoint such various clerks and subordinates in their respective offices as the city council or board of trustees may authorize, 'and shall be held, severally, responsible for the fidelity of all persons so appointed by them. ©08. Foreign insurance companies—license, etc.—penalties.] § 23. All corporations, companies, or associations not incorporated under the laws of this state, engaged in any city in effecting fire insurance, shall pay to the treasurer the sum of $2 upon the $100 of the net receipts by their agency in such city, and at that rate upon the amount of all premiums which, during the half year ending on every first day of July and January, shall have been received for any insurance effected or agreed to be effected in the city or village, by or with such corporations, companies or associations, respectively. Every person who shall act in any city or village as agent, or otherwise, for or on behalf of any such corporation, company or association, shall, on or before the fifteenth day of July and January, in each year, render to the comptroller (if any there be, if not, to the clerk), a full, true and just account, verified by his oath, of all premiums which, during the half year ending on every first day of July and January preceding such report, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall specify in said account the amounts received for fire insurance. Such agents shall also pay over to the treasurer, at the time of rendering the aforesaid account, the amount of rates for which the company or companies represented by them are severally chargeable by virtue hereof. If such account be not rendered on or before the day hereinbefore designated for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in default to transact any business of insurance in any such city or village, until the said requisitions shall have been fully complied with; but this provision shall not relieve any company from the payment of any risk that may be taken in violation hereof. Any person or persons violating any of the provisions of this section shall be subject to indictment, and upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not exceeding $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. Said rates may also be recovered of such corporation, company or association, or its agent, by action in the name and for the use of any such city or village, as for money had and received for its use: Provided, that this section shall only apply to such cities and villages as have an or-188 OF THE ASSESSMENT AND COLLECTION OF TAXES, ganized fire department, or maintain some organization for the prevention of fires. [See § Y®^ also “Insurance,” ch. 73, § 30, Rev. Stat’s. ARTICLE VIII. OF THE ASSESSMENT AND COLLECTION OF TAXES. 6®®» ORDINANCE LEVYING TAX--------LIMITATION.] § 1. The city council 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 corporate purposes legally made and to be collected from the tax levy of that fiscal year; and, by an ordinance, specifying in detail the purposes lor which such appropriations are made, and the sum or amount appropriated for each purpose, respectively, levy the amount so ascertained upon all' the property subject to taxation within the city or village, as the same is assessed and equalized for state and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk of the proper county, whose duty it shall be to ascertain the rate per cent, which, upon the total valuation of all property subject to taxation within the city or village, as the same is assessed and equalized for state and county purposes, will produce a net amount not less than the amount so directed to be levied; and it shall be the duty of the county clerk to extend such tax in a separate column upon the book or books of the collector or collectors of state and county taxes, within such city or village: 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 ihereon, 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 equa.-ized for state and county taxes of the preceding year. [As amended by act approved May 28, 1879. In force July 1, 1879. See § 612; “Revenue,” ch. 120, § 122. Rev. States. 61®. 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 overby the officers collecting the same to the treasurer of the city or village. 611. Time of paying over.] § 3. It shall be the duty of the officer collecting such tax to settle with and pay over to such treasurer, as often as once in two weeks from the time he shall commence the codec lion thereof, all such taxes as he shall thenSPECIAL ASSpSSMEN 8 FOE LOCAL IMPEDVEMENTS. 169 have collected, till the whole tax collected shall be paid over. [See “Revenue,” ch. 120, §§ 138, 164, 167, 243, 244, Rev. Stat’s. ©13. When tax levied for particular purpose.] § 4. Whenever any city or village is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city council or board of trustees, and certified to the county clerk as aforesaid; but the city council or board of trustees shall determine, in the ordinance making such assessment, what proportion of such total amount shall be applicable to the payment of such particular debt, appropriation or liability; and the city or village treasurer shall set apart such proportion of the tax collected and paid to him for the payment of such particular debt, appropriation or liability, and shall not disburse the same for any other purpose until such debt, appropriation or liability shall have been discharged. ©13. 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. ARTICLE IX. special assessments for local improvements. ©14. Powers conferred.] § 1. That the corporate authorities of cities and villages are hereby vested with power to make local improvements by special assessment or by special taxation, or both, of contiguous property, or general taxation, or otherwise, as they shall by ordinance prescribe. [See Const., Art. 9, § 9; “Plats,” §§873-881. ©15. Ordinance for improvement.] § 2. When any such city or village shall, by ordinance, provide for the making of any local improvement, it shall, by the same ordinance, prescribe whether the same shall be made by special assessment or by special taxation of contiguous property, or general taxation, or both. ©1©. When property is taken, etc.] § 3. Should said ordinance provide for improvements which require the taking or damaging of property, the proceeding for making just compensation therefor shall be as follows: ©17. Petition.] § 4. Whenever any such ordinance shad be passed by the legislative authority of any such city or village, for the making of any improvement mentioned in the first sectionITO SPECIAL ASSESSMENTS FOE LOCAL IMPBOYEMENTS. of this act, or any other local improvement that such city or village is authorized to make, the making of which will require that private property be taken or damaged for public use, such city or village shall file a petition in some court of record of the county in which such city is situated, in the name of the city, praying that uthe just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordinance shall be ascertained by a iury.” fSee Const., § 763. 618. Foem of petition.] § 5. Such petition shall contain a copy of the said ordinance, certified by the cierk, under the corporate seal; a reasonably accurate description of the lots, parcels of land and property which will be taken or damaged, and the names of the owners 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. 619. Summons—publication—notice.] § 6. Upon the filing of the petition aforesaid, a summons, which may be made returnable upon any day in term time, shall be issued and served upon the persons made parties defendant, as in cases in chancery. And in case any of them are unknown, or reside out of this state, the clerk of the court, upon an affidavit being filed showing such fact, shall cause publication to be made in some newspaper printed in his county, or, if there be no newspaper published in his county, then in some newspaper published in this state, containing notice of the pendency of such proceeding, the parties thereto, the title of the court, and the time and place of the return of the summons in the case, arid the nature of said proceeding; such publication to be made for four weeks consecutively, at least once in each week, the first of which shall be at least thirty days before the return day of such summons. Notices so given by publication shall be sufficient to authorize the court to. hear and determine the suit, as though all parties had been sued by their proper names and had been personally served. [As amended bv act approved and in force March 130, 1874. 620. Hearing—jury.] § 7. Upon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall proceed to the hearing of such petition, and shall impanel a jury to ascertain the just compensation to be paid to all of such owners and occupants aforesaid; but if any defendant or party in interest shall demand, or the court shall deem it proper, separate juries may be impaneled as to the compensation or damages to be paid to any one or more of such defendants or parties in interest. [As amended by act approved and in force March 30, 1874. 621. Jury TO ASCERTAIN COMPENSATION--ADMITTING OTHER parties.] § 8. Such jury shall also ascertain the just compen-SPECIAL ASSESSMENTS FOE LOCAL IMPROVEMENTS. 171 satiou to be paid to any person claiming an interest in any lot, parcel of land or property which may bq taken or damaged by such improvement, whether or not such person’s name, or such lot, parcel of land, or other property, is mentioned or described in such petition: Provided, such person shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in and description of the lot, parcel of land, or other property in respect to which he claims compensation. ©22. Viewing premises—ownership, etc.] § 9. The court may, upon the motion of such city or village, or of any person claiming any such compensation, direct that said jury (under the charge of an officer of the court) shall view the premises, which it is claimed by any party to said proceeding will be taken or damaged by said improvement, and in any case, where there is no satisfactory evidence given to the jury as to the ownership of, or as to the extent of the interest of any defendant in the property to be taken or damaged, the jury may return their verdict as to the compensation or damage to be paid for the property or part of property to be taken or damaged, and for the entire interests therein. [x\s amended by act approved and in force March 30, 1874. ©23. Judgment—new parties—further proceedings.] § 10. Upon the return of such verdict, the court shall order the same to be recorded, and shall enter such judgment or decree thereon as the nature of the case may require. The court shall continue or adjourn the cause, from time to time, as to all occupants and owners named in such petition who shall not have been served with process, or brought in by publication, and shall order a new summons to issue and new publication to be made; and upon such occupants or owners being brought into court, shall impanel a jury to ascertain the compensation so to be paid to such defendant or defendants, for private property taken or damaged; and like proceeding shall be had for such purpose as hereinbefore provided for the ascertaining of compensation to other owners. ©24. Powers of court.] § 11. The court shall have power, at any time, upon proof that any such owner or owners named in such petition, who has not been served with process, has ceased to be such owner or owners since the filing of such petition, to impanel a jury and ascertain the just compensation to be made for the property (or the damage thereto) which had been owned by the person or persons so ceasing to own the same; and the court may, upon any finding or findings of any jury or juries, or at any time during the course of such proceedings, enter such order, rule, judgment or decree as the nature of the case may require. ©25. Ownership—further powers of court.] § 12. No delay in making an assessment of compensation shall be occasioned by any doubt or contest which may arise as to the172 SPECIAL ASSESSMENTS FOE LOCAL IMPROVEMENTS. ownership of the property or any part thereof, or as to the interests of the respective owners or claimants, but in such case the court may impanel a jury and ascertain the entire compensation or damage that should be paid for the property, or part of property, and the entire interests of all parties therein, and may require adverse claimants to interplead so as to fully determine their rights and interests in the compensation so ascertained. And the court may make such order as may be necessary in regard to the deposit or payment of such compensation. ©2@. Persons under disability.] § 13. When it shall appear, from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, or insane or distracted person, is interested in any property that is to be taken or damaged, the court shall appoint a guardian, ad litem, for such infant or insane or distracted person, to appear and defend for him, her or them; and the court shall make such order or decree as it shall deem proper to protect and secure the interest of such infant, or insane or distracted person, in such property, or the compensation which shall be awarded therefor. ©27. Judgment—effect—appeal, etc.] § 14. Any final judgment or judgments, rendered by said court, upon any finding or findings of any jury or juries, shall be a lawful and sufficient condemnation of the land or property to be taken upon the payment of the amount of such finding as hereinafter provided. It shall be final and conclusive as to the damages caused by such improvement, unless such judgment or judgments shad be appealed from; but no appeal or writ of error upon the same shall delay proceedings under said ordinance, if such city or village shall deposit, as directed by the court, the amount of the judgment and costs, and shall file a bond in the court in which such judgment was rendered, in a sum to be fixed and with security to be approved by the judge of said court, which shall secure the payment of any future compensation which may at any time be finally awarded to such party so appealing or suing out such writ of error and his or her costs. ©28« Order for possession.] § 15. The court, upon proof that said just compensation so found by the jury has been paid to the person entitled thereto, or has been deposited as directed by the court (and bond given, in case of any appeal or writ of error), shall enter an order that the city or village shall have the right, at any time thereafter, to take possession of or damage the property, in respect to which such compensation shall have been so paid or deposited, as aforesaid. ©29. When improvement made by general tax.] § 16. When the ordinance under which said improvement is ordered to be made shall provide that such improvement shall be made by general taxation, the cost of such improvement shall be added to the general appropriation bill of such city or village, and shall beSPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 173 levied and collected with and as a part of the general taxes of such city or village. 630. Special taxation.] § 17. When said ordinance under which said local improvement shall be ordered shall provide that such improvement shall be made by special taxation of contiguous property, the same shall be levied, assessed and collected, in the way provided in the sections of this act providing for the mode of making, levying, assessing and collecting special assessments. SPECIAL ASSESSMENT. 631. How made.] §18. When the ordinance under which said local improvement is ordered to be made shall provide that such improvement shall be wholly or in part made by special assessment, the proceedings for the making such special assessment shall be in accordance with the sections of this act [article] from 18 to 51, inclusive. 033* Ordinance for—sidewalks—owner’s rights.] § 19. Whenever such local improvements are to be made v? holly or in part bv special assessment, the said council in cities, or board of trustees in villages, shall pass an ordinance to that elfect, specifying therein the nature, character, locality and description of such improvement: Provided, that whenever any such ordinance shall provide only for the building or renewing of any sidewalk, the owner of any lot or piece of land fronting on such sidewalk shall be allowed fifteen days after the time at which such ordinance shall take effect in which to build or renew such sidewalk opposite his land, and thereby relieve the same from assessment: Provided, that the work so to be done shall in all respects conform to the requirements of such ordinance. [See § 560, item 7 and § § Y46-745. 633. Estimate of cost.] § 20. The city council or board of trustees shall appoint three of its members, or any other three competent persons, who shall make an estimate of the cost of the improvement contemplated by such ordinance, including labor, materials, and all other expenses attending the same, and the cost of making and levying the assessment, and shall report the same in writing to said council or board of trustees. 634. Order for proceedings in court.] § 21. On such report being made, and approved by the council or board of trustees, as the case may be, it may order a petition to be filed by such officer as it shall direct, in the county court of its county, for proceedings to assess the cost of such improvement in the manner provided in this act. 635. Petition to court.] § 22. The petition shall be in the name of the corporation, and shall recite the ordinance for the proposed improvement anJ the report of such commission,174 SPECIAL ASSESSMENTS FOE LOCAL IMPROVEMENTS. and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. 6B6. 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. y * ■ We, the undersigned, commissioners, appointed by the county court of......county, to assess the cost of..(here state in general terms the improvement), do solemnly swear (or affirm, as the case may be,) that we will a true and impartial assessment make of the cost of said improvement upon the city (or village) of...and the property benefited by such improvement, to the best-of our ability, and according to law. 637* Duty of commissioners.] § 24. It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made, and the lots, blocks, tracts and parcels of land that will be specially 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 between the city or village and such property, so that each shall bear its relative equitable proportion; and having found said amounts, to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by such improvement: Provided, that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited : And, provided further, that it shall not be necessary for said commissioners to examine the locality except where the ordinance provides for the opening, widening or improvement of streets and allevs. [As amended by act approved and in force March 30, 1874/ [ § 25, repealed by act approved April 25,1873. ©38. Assessment roll—return.] § 26. They shall also make or cause to be made an assessment roll, in which shall appear the names of the owners, so far as known, a description of each lot, block, tract or parcel of land, and the amount assessed as special benefits thereto, and in which they shall set down as against the city or village the amount they shall have found as public benefit, and certify such assessment roll to the court by which they were appointed, at least ten days before the first day of the term at which a final hearing thereon shall be had. [As amended by act approved and in force March 30, 1874. ©B9. Notice by mail—posting and publication.] § 27. It shall also be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing thereon will be had, in the following manner:SPECIAL ASSESSMENTS FOE LOCAL IMPROVEMENTS. 175 First—They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice substantially in the following form: Mr............your (here give a short description of the premises) is assessed $......for public improvement. The assessment roll will be returned to the.term of the..................court of.......county. (Here give date.) .................Commissioners. Second—They shall cause at least ten days’ notice to be given, by posting notices in at least four public places in such city or village, two of which shall be in the neighborhood of such proposed improvement; an 1 when a daily newspaper is published in such city or village, by publishing the same at least five successive days in such daily newspaper, or if no daily newspaper is published in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive weeks, in such weekly newspaper, or if no daily or weekly newspaper is published in such city or village, then at least once in each week for two successive w^eeks 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 given to all persons interested, that the city council (or board of trustees, as the case may be), of..........having ordered that (here insert a brief description of the nature of the improvement), the ordinance for the same being on file in the office of the.....clerk, have ap- plied to the.........court of.......county for an assessment of the cost of said improvements, according to benefits; and an assessment thereof having been made and returned to said court, the final hearing thereon, will be had at the...........term of said court, commencing on the..... day of........ A. D. 18-- All persons desiring, may then and there appear and make their defense. (Here give date.) .................Commissioners. [As amended by act approved June 26, 1885. In force July 1, 1885. 640. Proof of notice.] § 28. On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent or caused to be sent by mail, to the owners whose premises have been assessed, and whose name and place of business are known to them, the notice hereinbefore required to be sent by mail to owners of premisès assessed. They shall also cause to be filed the affidavit of the person who shall have posted the notices required by this act to be posted, setting forth when and in what manner the same were posted. Such affidavits shall be received as prima facie evidence of a compliance with this act in regard to giving such notices. They shall also file a certificate of publication of said176 SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS* notice in like manner as is required in other cases of publication of notices. [As amended by act approved April 25, 1873. In force July 1, 1873. ©41. Continuance when notice not in time.] § 29. If ten days shall not have elapsed between the first publication or the putting up of such notices and the first day of the next term of such court, the hearing shall be continued until the next term of court. 643. 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 may be entered, and the assessment confirmed by the court. ©43. Hearing—jury.] § 31. On the hearing, the report of the commissioners shall be competent evidence, and either party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of the objector are assessed more or less than they will be benefited, or more or less than their proportionate share of the cost of the improvement, the jury shall so find, and also find the amount for which such premises ought to be assessed, and judgment shall be rendered accordingly. 644. Precedence.] § 32. The hearing in all cases arising under this act shall have precedence over all other cases in such court, except criminal cases. 645. 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 returned, as aforesaid, or cause any such assessment to be recast by the same commissioners whenever it shall be necessary for the' attainment of justice, or may appoint other commissioners in the place of all or any of the commissioners first appointed, for thei purpose of making such assessment, or modifying, altering, chang-' ing or recasting the same, and may take all such proceedings and‘ make all such orders as may be necessary to make a true and just assessment of the cost of such improvement according to the principles of this act, and may from time to time, as may be necessary, continue the application for that purpose as to the whole or any part of the premises. 646. Judgment several—appeal, etc.—lien.] §34. The judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment or writ of error shall not invalidate or delay theSPECIAL ASSESSMENTS FOE LOCAL IMPROVEMENTS. 177 judgment, except as to the property concerning which the appeal or writ of error is taken. Such judgment shall be a lien upon the property assessed, from the date thereof until payment shall be made. 64:7. JLTDGMENT CERTIFIED TO CITY CLERK-------FILING---WAR- RANT.] § 35. The clerk of the court in which such judgment is rendered, shall certify the assessment roll and judgment to the clerk of such city or village authorized to collect such special assessments, or if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error, and such certificate shall be filed in his office by the officer receiving the same. With such assessment roll and judgment, the clerk of such court shall also issue a warrant for the collection of such assessment. [As amended by act approved June 26, 1885. In force July 1, 1885. 648. 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. 649. Collector’s notice—form of.] § 37. The collector receiving such warrant shall immediately give notice thereof by publishing such notice in one or more newspapers in such city or village, if such newspaper is there; and if. there is no such newspaper, then by posting four copies thereof in public places along the line of the proposed improvement. Such notices may be substantially in the following form: SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. —. Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment upon property 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 my office; that a warrant for the collection of such assessments is in the hands of the undersigned. All persons interested are hereby notified to call and pay the amounts assessed, at the collector’s office, (here insert location of office) within thirty days from the date hereof. Dated this.....day of........ A. D. 18... ..............Collector. [As amended by act approved June 26, 1885. In force July 1, 1885. 650. Manner of collecting—entry of payment.] § 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- 12178 SPECIAL ASSESSMENTS FOE LOCAL IMPROVEMENTS. dent within the corporation whose names appear on the assessment roll, or the occupants of the property assessed, and personally, or by written or printed notice left at his or her usual place of abode, inform them of such assessment, and request payment of the same. Any such collector omitting so to do, shall be liable to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and obtain judgment for any such special [assessment], shall not be affected by such omission. It shall be the duty of such collector to write the word “ paid ” opposite each tract or lot on which the assessment is paid, together with the name and post office address of the person making the payment, and date of payment. 651« Report of delinquent list to county collector—■ evidence—defense.] § 39. It shall be the duty of the collector of special assessments, within such time as the city council or board of trustees may by ordinance provide, to make a report in writing—to the general officer of the county authorized, or to be designated by the general revenue law of this state, to apply for judgment and sell lands for taxes due the county and state— of all the lands, town lots and real property on which he shall have been unable to collect special assessments, with the amount of special assessments due and unpaid thereon, together with his warrant, or with a brief description of the nature of the warrant or warrants received by him authorizing the collection thereof; which report shall be accompanied with the oath of the collector that the list is a correct return and report of the lands, town lots and real property on which the special assessments levied by authority of* the city of..(or village of....., as the case may be), remain due and unpaid; that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. Said report, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due and unpaid. And, upon the application for judgment upon such assessment, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assessment, or the application for the confirmation thereof. 052. Application for judgment—what laws govern.] § 40. When said general office[r] shall receive the report provided for in the preceding section, he shall proceed to obtain judgment against said lots, parcels of land, and property, for said special assessments remaining due and unpaid, at the same time and in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and unpaid the county and state; and shall in the same manner proceed to sell the same for the said special assessments remaining due and unpaid. In obtaining said judgment and making said sale, the saidSPECIAL ASSESSMENTS FOE LOCAL IMPROVEMENTS. 179 officer shall be governed by the general revenue laws of this state, except when otherwise provided herein. No application for judgment against lands for unpaid special assessments shall be made at a time different from the annual application for judgment against lands upon which general taxes remain due and unpaid. The application for judgment upon delinquent special assessments in each year, shall include onlv such special assessments as shall have been returned as delinquent to the county collector, on or before the first day of April, in the year in which such application is made. [As amended by act approved June 18,1883. In force July 1,1883. See u Re venue,” ch. 120, § 182 et seq., Rev. Stat’s. 6511« Return op sales-—redemption.] § 41. After mak-' ing said sales, the list of lots, parcels of lands 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 u Revenue,” ch. 120, §§ 210-215, Rev. Stat’s. 654« Penalty when lands 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 afterward return the same as unpaid to the state officers authorized to sell lands for taxes, or shall receive the same after making such return, and the same be sold for tax or assessment which has been so paid and receipted for by himself or his clerks, he and his bond shall be liable to the holder of the certificate given to the purchasers at the sale, for double the amount of the face of the certificate, to be demanded in two years from the date of the sale, and recovered in any court having jurisdiction of the amount; and the city or village shall, in no case, be liable to the holder of such certificate. 655. Paying- over—compensation.] § 43. The collector or collectors, and the general officer aforesaid, to whom the said warrant shall be returned, shall pay over to the city or village treasurer to which it shall belong all moneys collected by them, respectively, upon or by virtue of such warrant, or upon any sale for taxes or otherwise, at such time or times, and in such manner as shall be prescribed by ordinance, and shall be allowed such compensation for their services in the collection of such assessment as the ordinances of the city or village may provide, except when such compensation is fixed by general law. 056« General revenue laws apply.] § 44. The general revenue laws of this state, in reference to proceedings to recover judgments for delinquent taxes, the sale of property thereon, the execution of certificates of sale and deeds thereon, the force and effect of such sales and deeds, and all other laws in relation to the enforcement and collection of taxes and redemption from tax sales, except as herein otherwise provided, shall be applicable to proceedings,to collect such special assessment. [See “Revenue,” ch. 120, §§ 191-225, Rev. Stat’s.180 SPECIAL ASSESSMENTS FOB LOCAL IMPBOYEMENTS. 657. City ok tillage may buy in.] § 45. Any city or village interested in the collection of any tax or special assessment, may become a purchaser at any sale of real or personal property to enforce the collection of the same, and may, by ordinance, authorize and make it the duty of one or more city or village officers to attend such sales, and bid thereat in behalf of the corporation. ©58. When assessment set aside—new 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 interest shall have the like rights, and the city council or board of trustees and court shall perform like duties and have like power in relation to any subsequent assessment, as are hereby given in relation to-the first assessment. ©59. Supplemental assessments.] § 47, If, in any case, the first assessment prove insufficient, a second may be made in the same manner, as nearly as may be, and so on, until sufficient moneys shall have been realized to pay for such public improvement. If too large a sum shall, at any time, be raised, the excess shall be refunded ratably to those by whom it was paid. ©©©. New ASSESSMENTS AGAINST DELINQUENTS—LIEN--------LIM- ITATION.] § 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 trustees may, at any time within five years after the confirmation of the original assessment, direct a new assessment io be made upon the delinquent property for the amount of such deficiency, and interest thereon from the date of such original assessment—which assessment shall be made as near as may be, in the same manner as is herein prescribed for the first assessment. In all cases where partial payment shall have been made on such former assessment, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment prove ineffectual, either in whole or in part, the city council or board of trustees may, at any time within said period of five years, order a third, and so on, to be levied in the same manner and for the same purpose; and it shall constitute no legal objection to such assessment that the property may have changed hands or been incumbered, subsequent to the date of the original assessment, it being the true intent and meaning of this section to make the cost and expense of all public improvements, to be paid for by a special assessment, a charge upon the property assessed therefor, for the full period of five years, from the confirmation of the original assessment, and for such longerSPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 181 period as may be required to collect, in due course of law, any new assessment ordered within that period. ©©1. Contracts payable from assessments.] § 49. All persons taking any contracts with the city or village, and who agree to be paid from special assessments, shall have no claim or lien upon the city or village in any event, except from the collections of the special assessments made for the work contracted for. ©1SS. How contracts let—approval.] § 50. All con- tracts for the making of any public improvement, to be paid for in whole or in part by a special assessment, and any work or other public improvement, when the expense thereof shall exceed $500, shall be let to the lowest responsible bidder, in the manner to be prescribed by ordinance—such contracts to be approved by the mayor or president of the board of trustees: Provided, however, any such contract may be entered into by the proper officer without advertising for bids and without such approval, by a vote of two-thirds of all the aldermen or trustees elected. 6©^- Lien.] § 51. All special assessments levied by any city or village under this act, shall, from the date of assessment, be a lien upon the real estate upon which the same may be imposed, and such lien shall continue until such special assessments are paid. And the same proceedings may be resorted to by the collector, upon any warrant or order issued or made for the collection of special assessments, as in the case of the collection of state and county taxes under the general laws of the state. ©©4. 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 suits shall be commenced by petition, and shall state the several amounts of the •special assessments sought to be recovered, and give a general description of the warrant or warrants issued for the collection thereof. Upon the filing of the petition a summons shall be issued, served and returned as in other suits in such court. Upon the return of such summons, duly served, the court shall forthwith proceed to the hearing of said petition without formal pleadings, and may render judgment for all or any part of the special assessments, as the right and justice of the case may require. The original, or a certified copy (by the clerk, under the corporate seal,) of such warrant or warrants and list or lists, or so much thereof as refers to the special assessments sought to be recovered, shall be prima facie evidence of the right of said collector to a judgment in favor of such corporation. Execution shall issue on such judgment as in other cases, but such execution may be first levied upon and collected from any personal property of the defendant; or the court, in which such proceedings were had, may, upon complaint of the city or village,182 MISCELLANEOUS PROVISIONS—WATER. 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. ©©5. Supplemental petition 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 supplemental petition, praying the court to cause that an assessment be made for the purpose of raising the amount necessary to pay the compensation and damages which may be or shall have been awarded for the property taken or damaged, with the costs of the proceeding. The said court shall have power, at any time after any such supplemental petition shall have been filed, to appoint three commissioners to make such assessment, and to ascertain, as near as may be, the costs incurred to the time of such appointment, and the probable further costs of the proceedings, including' therein the estimated costs of making and collecting such assessment, and shall direct such 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 provided in this article in other cases. [As amended by act approved and in force March 30, 1874. ©6©. Adoption 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 proceedings in this article provided for, and have the benefit of all the provisions hereof. ARTICLE X. MISCELLANEOUS PROVISIONS—WATER. ©67. Water—borrow money.] § 1. The city council or board of trustees shall have the power to provide for a supply of water by the boring and sinking of artesian wells, or by the construction and regulation of wells, pumps, cisterns, reservoirs or writer 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 notMISCELLA NEGUS PRO VISIONS'?—WATER. 183 exceeding thirty years; also to prevent the unn ee°ssary waste of water; to prevent the pollution of the water, and injuries to such wells, pumps, cisterns, reservoirs or water works. [See §§ 713- 722. ©©8. Acquiring property for water works-—jurisdiction over.] § 2. For the purpose of establishing or supplying waterworks, 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 private property for public uses; and the jurisdiction of the cifcv 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 § 715; also u Eminent Domain ” post §§ 813-827. 6©®« Regulations—rates, taxation, etc.] § 3. The city council or board of trustees shall have power to make all needful rules and regulations concerning the use of water 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, management or control of the waterworks, and for the levying and collecting of anv water taxes, rates or assessments, as the said city council or board of trustees may deem necessary and expedient ; and such water taxes, rents, rates or assessments may be levied or assessed upon any lot or parcel of ground, having a building or buildings thereon, which shall abut or join any street, avenue or alley in such city or village, through which the distributing pipes of such water works (if any) of said city or village are or may be laid, which can be conveniently supplied with water from said pipes: Provided, [whether] the water shall be used on such lotor 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 construction and maintenance of such water works and appropriate money therefor. ©7®. Tax-payer may enforce rights in name of city, etc.] § 4. A suit may be brought by any tax-payer, in the name and for the benefit of the city or village, against any person or corporation, to recover any money or property belonging to the city or village, or for any money which may [have] been paid, expended, or released without authority of law: Providedr that such tax-payer shall file a bond for all costs, and be liable for all costs incase the city or village be cast in the suit, and judgment shall foe rendered accordingly. 671. Maps—approval of.] § 5. The city council or board of trustees shall have power to provide, by ordinance, that184: OF THE ORGANIZATION OF TILLAGES. any map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or of any piece or parcel of land, shall be submitted to the city council or board of trustees, or to some officer to be designated by such council or board of trustees, for their or his approval; and in such cases no such map, plat or subdivision-shall be entitled to record in the proper county, or have any valid!tv until it shall have been so approved. [See “ Recorders,” ch. 115, § 18, Rev. Stat’s. ©1^* Inhabitants competent as jurors, etc.] § b. 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. ©78. 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 by reference to the latest census taken by authority of the United States or this state, or of such city or village; and it shall be the duty of the secretary of state, upon the publication of any state or United States census, to certify to each city or village the number of inhabitants, as shown by such census. Any city or village may, by ordinance, provide for the taking of a census of the population thereof, in order to determine the number of such population for any and all purposes of this act. And the several courts in this state shall take judicial notice of the population of any city or village, as the same may appear from the latest federal, state, city or village census so taken. ©74. Municipal year.] §8. The term “ municipal year ” shall be construed to mean the period elapsing between the regular annual elections unless otherwise provided by ordinance. 675. City or tillage need not give appeal bond.] § X When in any suit the city or village prays an appeal from the judgment of any court of this state to a higher court, it shall not be required to furnish an appeal bond. ARTICLE XI. OF THE ORGANIZATION OF TILLAGES. ©76. By incorporated towns.] § 1. Any town in this state incorporated either under any general law for the incorporation of towns, and acts amendatory thereof, cr under any special act for the incorporation of any town or village, may become organized as a village, under this act, in the manner following: Whenever any thirty voters in such town shall petition the president and trustees thereof to submit the question whether such town-will become organized as a village, under this act, to the*OF THE ORGANIZAT.ON OF VILLAGES. 185 decision of the legal voters thereof, it shall be the duty of such president and trustees to submit the same accordingly ; and to fix a time and place within such town for holding such election; and to appoint the judges to hold such election; and to give notice of the time, place and purpose of such election by causing at least five notices thereof to be posted in public places iti such town, for at least fifteen days prior to holding such election. GYY. Ballot.] § 2. Each qualified voter, resident within such town or proposed village, shall have the right to cast a ballot at such election, with the words thereon, “ For village organization under the general law,” or “ Against village organization under the general law.” ©yS. Returns—canvass—record.] § 3. The judges of such election shall make returns thereof to the president and trustees of the town, as soon as practicable after such election is held; and it shall be the duty of the president and trustees to canvass such returns, and cause a statement of the result of such election to be entered upon the records of the town. Result—old officers continue until, etc.] § 4. If a majority of the votes cast at such election are for village organization under the general law, such town shall, from thenceforth, be deemed to be duly incorporated as a village under this act; but the town officers then in office shall continue as like officers of such village until their successors shall be elected or appointed under the provisions of this act. 680. New organization—how effected.] § 5. Whenever any area of contiguous territory, not exceeding two square miles, shall have resident thereon a population of at least three hundred inhabitants, and which territory is not included within the limits of any incorporated town, village or city, the same may become incorporated as a village, under this act, in the manner following: Any thirty legal voters resident within the limits of such proposed village may petition the county judge of the county in which they reside, to cause the question to be submitted to the legal voters of such proposed village, whether they will organize as a village under this act. And if the territory described in said petition shall be situated in more than one county, then the petition shall be addressed to the judge of the county court of the county where a greater part of such territory is situated. Such petition shall be addressed to the county judge, contain a definite description of the lands intended to be embraced in such village, the number of inhabitants resident therein, and the name of such proposed village. [See § ©^3. ©81. Petition — election — returns.] § 6. Upon the filing such petition in the office of the county clerk, it shall be the duty of such judge to perform the same duties in reference to fixing the time and place of such election, giving notice appointing judges thereof, as is above required to be performed by the186 OF THE ORGANIZATION OF VILLAGES. president and trustees in towns already incorporated. The returns of such election shall be made to the county judge, who shall call to his assistance any two justices of the peace, and canvass such returns, and cause a statement of the result of such election to be entered upon the records of the county court. The second section of this article shall be applicable to such election. ©82. Result—election, of officers, etc.] § 7. If a majority of the votes cast at such election is for village organization under the general, law, such proposed village, with the .boundaries and name mentioned in the petition, shall, from thenceforth, be deemed an organized village under this act, and the county judge shall, thereupon, call, and fix the time and place of an election to elect village officers, and cause notice Thereof to be posted or published, and perform all other acts in reference to such election, in like manner, as nearly as may be, as he. is. required to perform in reference to the election of officers in newly organized cities. But the term of office of trustees elected at such,election shall terminate as soon as their successors are elected and qualified, at the regular annual election. ©83. Trust* ;es—corporate name—powers.] §. 8. In each village organized under this act, there shall be elected by the qualified electors therein six trustees, who shall hold then-office until their successors are elected and qualified. At the first election held hereafter there shall be elected the full number of trustees. At the first meeting of the'board of trustees held after said first election, the trustees 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 from the date of the annual election for that municipal year, and annually thereafter there shall be elected three trustees, who shall hold their office for the term of two years, and until their successors are elected and qualified. The trustees shall choose one of their own number president; and such village shall from the time of the first election held by it under said act be considered in law and equity, a body corporate and politic, by the name and style of “The village of..................,” and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real and personal property necessary for corporate purposes, adopt a common seal and alter the same at pleasure, and possess all other powers as a corporation in this act conferred upon cities not exceeding five thousand inhabitants, except as herein otherwise expressly provided. And wherever the words “ city council” or “mayor” occur in this act, the same shall be held to apply to the trustees and president of such village, so far as the same may be applicable. TAs amended by act approved May 28,1879. In force July 1, 1879. ©84. Powers and duties of president and trustees.] § 9. The president of the board of trustees shall perform the duties and exercise the powers conferred upon the mayor of aOF THE ORGANIZATION OF VILLAGES. 187 city not exceeding five thousand inhabitants, and shall have the right to, vote as a trustee at any meeting of the trustees; but when he shall have so voted shall not have the right to give the casting vote; and the trustee shall perform the duties and exercise all the powers conferred upon aldermen in cities; and the president and board of trustees may exercise the same powers conferred upon the mayor and city council of cities of not exceeding five thousand inhabitants, and pass ordinances in like manner. The president of the board of trustees may exercise the same veto powers, and with like effect as the mayor of a city ; and the board of trustees may pass ordinances over such veto in like manner as a city council. ©85. Style of ordinances.] § 10. The style of ordinances passed in villages shall be as follows: “Be it ordained by the President and Board of Trustees of the Village of...... (as the case may be). ©8®. Appointment of officers—prescribe ditties and fees.] § 11. The president and board of trustees may appoint a clerk pro tempore, and whenever necessary, to fill vacancies; and may also appoint a treasurer, one or more street commissioners, a village constable, and. such other officers as may be necessary to carry into effect the powers conferred upon villages, to prescribe their duties and fees, and require such officers to execute bonds as may be prescribed by ordinance. ©87. Powers of constable.] § 12. The village constable shall have the same powers to make arrests, execute process and perform other official acts as other constables under the general laws of the state, together with such other powers as may be conferred on him by ordinance. ©88. Annual elections.] § 13. An annual election for three 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 for trustees, and a clerk of villages, shall be held at the same time, and at the same polling places as the annual township 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 purposes. [A-s amended bv act approved and in force March 11, 1881. ©8®. Suits—jurisdiction—fines, etc.] § 14. Suits and prosecutions for the violations of any village ordinance may be prosecuted in the name of “ The Village of.....,” and justices of the peace and police magistrates shall have jurisdiction over such suits; and all fines and money so collected shall be paid into the village treasury. ©90. Police magistrates.] § 15. There may be a police magistrate elected at a regular annual election in each village, who shall give bonds, qualify, and have the same jurisdiction as188 OF THE ORGANIZATION OF VILLAGES. other justices of the peace, and hold his office for four years, and until his successor is elected and qualified. [See § y02. 691- No INCORPORATION ALLOWED UNDER FORMER LAWS.] § 16. 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. ©93. Changing from city to village.] §17. That it shall be the duty of the mayor and common council of any city, upon the petition of one fourth of the legal voters thereof, and upon ten days previous notice of such application by the city clerk published 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 u Against Village Organization? and if there shall 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 meaning of said act under its former name so changed, and shall succeed to all the 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 regular election. Provided, that after one election shall have taken place, no other election for a like purpose until one year shall have elapsed. [This section added to the above act by amendment approved May 29, 1879. In force July 1, 1879.MUNICIPAL CORPORATIONS. 189 FERRIES AND BRIDGES. AN ACT to enable cities and villages to build, acquire and maintain bridges and ferries outside of their corporate limits and to control the same. [Approved and in force May 5, 1879.] 693. Bridges — ferries — limits — toll.] § 1. That it shall be lawful for any city or village within this state to build, or acquire by purchase, lease or gift, and to maintain ferries and bridges, and the approaches thereto, for each ferry or bridge within the corporate limits, or at any point within five (5) miles of the corporate limits of such city or village. That all such ferries and bridges shall be free to the public and no toll shall ever be collected by any such city or village authority: Provided, that where any city or village has become or is the owner of any toll bridges or ferries, and is keeping up and maintaining the same by authority of law, all ownership and rights vested in such city or village shall continue in and be held and exercised by them, and they may from time to time fix the rates of toll on such bridges and ferries: * And, provided, further, that in all cases where a bridge shall hereafter be built, or a ferry acquired across a navigable stream by any city or village, in whole or in part, where the population of such city or village furnishing the principal part of the expenses thereof, shall not exceed five thousand (5,000) inhabitants, and where it is necessary to maintain a draw and lights, and a debt shall be incurred by such city or village for such purpose, then a reasonable toll may be collected by the city or village contracting such indebtedness, to be set apart and appropriated to the payment of such indebtedness, interest thereon and the expenses of keeping such bridge in repair, and of maintaining, opening and closing the proper draws therefor, and lights; or in case of a ferry, of keeping the approaches and boat in repair and operating the same. [As amended by act approved May 25, 1881. In force July 1,1881. 694. Control by city.] § 2. Every bridge and ferry so owned or controlled by such city or village, and the approaches thereto, when outside the corporate limits, shall bo subject to the municipal control and ordinances of such city or village, the same to all intents and purposes, and in effect, as though such bridge or ferry and the approaches thereto, were situated within the corporate limits of such city or village, and in such case, the county may assist in the construction of said bridge, as is now provided by law. 695. Emergency clause. § 3.19Ö STATUTES AFFECTING TRAVEL OF BRIDGES IF CITIES, TOWFS, ETC. AF ACT to regulate the manner of travel upon bridges, the whole or a part of which are owned or controlled by cities, villages and towns of this state, and to provide for the enforcing of the same. [Approved and in force May 13, 1879.J 696. Penat /ty for fast driving, etc.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whoever shall ride or drive faster than a walk, over any bridge in this state, owned or controlled, either the whole or a part thereof, by any city, village or town of this state, shall, for each offense, be fined in a sum not exceeding ten dollars nor less than one dollar: Provided, that a notice shall be posted on such bridge, warning against riding, or driving, on such bridge faster than a walk, such fine to be recovered, with costs, before any justice of the peace or police magistrate of the county where the offense is committed, upon sworn complaint in writing, upon which a warrant for the arrest of the offender shall issue, and it shall be the' duty of every constable of the county, and every marshal, policeman and police constable, and all other officers of such city, village or town, owning or controlling the whole or in part such bridge, having the power to make arrests, whenever aforesaid offense is committed in the view of such officer or officers, to forthwith take in custody the person or persons so committing aforesaid offense, and bring him or them before any justice of the peace or police magistrate of the county, to be dealt with according to law, and such officer so taking in custody such offender, or any officer of such city, village or town, owning or controlling the whole or a part of such bridge where such offense is committed, may make the complaint upon which warrant shall issue against the offender; all fines collected under this act, shall be paid into the common school fund of the county. Whereas, the law is inadequate for the protection of bridges which are owned or controlled, the whole or a part thereof, by cities, villages and towns of this state, therefore an emergency exists, and this act shall take effect from and after its passage. AFFEXIFG AFD EXCLUDING TERRITORY. mr. AF 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. See Hurd's Rev. Stat’s 1885, ch. 24, p. 248.] AF ACT in relation to the disconnection of territory from cities and villages. [Approved and in force May 29, 1879. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 250.]MUNICIPAL CORPORATIONS. 191 CHANGING NAME. AN ACT to enable any city, town or village in this state to change its name. [Approved March 7, 1872. In force July 1, 1872. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 251.] ENFORCING ORDINANCES ON BOATS. ETC. AN ACT to extend the jurisdiction of towns and cities on any river within or on the borders of this state, for the purpose of police regulations. [Approved and in force February 15, 1865.] 698. To ENFORCE ORDINANCES ON BOATS, 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 borders of this state, shall have the right to extend and enforce their ordinances so as to include any boat or other floating structure, which shall be kept within two miles of the city or town limits, as a place for drinking spirituous liquors, or for gaming, or for the purpose of prostitution: Provided, no authority shall be given by this law, beyond what the law now authorizes, to interfere with any steamer or other boat, the usual business of which is the carrying of freight or passengers. [See §§ 542, 569. HOUSES OF ILL-FAME. AN ACT to prevent the licensing of houses of ill-fame, and the official inspection or medical examination of the inmates thereof, in the incorporated cities, towns and villages of this state. [Approved and in force March 27, 1874.] 699. L ICENSING- AND MEDICAL INSPECTION FORBIDDEN,] § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be unlawful for-the corporate authorities of any city, town or village in this state to grant a license to any person, male or female, to keep what is known as a house of ill-fame or house of prostitution. And it shall be unlawiul 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 § 56©* item 45. 700. Emergency clause.] § 2.192 STATUTES AFFECTING LEASING LANDINGS AND LEVEES. 701. AN ACT to authorize incorporated cities, towns or villages in this state, situated upon the banks of navigable rivers, to le;ise parts of their public landings or levees. [Approved March 3.1, 1874. In force July 1, 1874. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 253.] POLICE MAGISTRATES. AN ACT to authorize the election of police magistrates in towns, cities and villages where the same are not now provided for by law. [Approved and in force April 13, 1875.] 702. Election and term of office—jurisdiction.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all towns, cities and villages in the state which have been incorporated under charters granted by special acts, or under a general act, when the law under which they are incorporated does not authorize the election of a police magistrate, be and they are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this act, and quadrennially thereafter. Such police magistrates shall hold their offices for the same term, be commissioned and qualified, and have the same jurisdiction and fees, as police magistrates of villages have under the general law for the incorporation of cities and villages. [See § 690. 70S. Emergency clause.] § 2. POLICE AND FIREMEN'S RELIEF FUND. AN ACT to amend “An Act for the relief of disabled members of the police and fire departments in cities and vilLiges,” approved May 24, 1877, in force July 1, 1877. .[Approved May 10, 1879. In force July 1, 1879.] 704. How fund created.] § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That one-half of all the rates, taxes and license fees which are, or may be hereafter required by law to be paid by corporations, companies or associations not incorporated under the laws of this state, engaged in any village or city in this state effecting fire insurance, and one-fourth of all moneys collected as a tax on dogs, where such city or village contains a population of 10,000 or more [and] has a regularly organized fire department, by such city or village, 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 for vio-MUNICIPAL CORPORATIONS. 193 lation 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 departments of such city or village. [As amended by act approved June 23, 1883. In force July 1, 1883. Mayor, etc., trustees op 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 treasurer 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. 706. Board to control fund.] § 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 departments 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 departments as hereinafter provided, not to exceed the sum of five dollars ($5.00) 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 person 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 assessment 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 organization, and upon his making payment of all delinquent assessments 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 hear and decide all applications for relief under this act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board: Provided, that nothing herein contained shall render the payment of any sum of money or annuity which may be awarded by the board, obligatory on the board, or chargeable against it as a legal right; but the board may, at anv time in its discretion, order that such sums of money 13*'194: STATUTES AFFECTING 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. 707. Treasurer to give bond for fund.] § 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 direction 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 property 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 village, and in ease 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 persons injured by such breach. 708. Warrants drawn 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 authorized by law, to draw warrants upon the treasurer of such city or village, upon request made in writing by said board, to draw warrants 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 (1) sec don hereof. 709. Permanent disability—death—annuity.] § 6. When, in the judgment of the board, a sufficient amount shall have accumulated 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 departments, while in the actual performance of duty, or other person entitled to the benefits of this fund as hereinafter provided, shall become permanently disabled, so as to render proper his retirement from membership, a sum not exceeding six hundred dollars ($600) 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 yearsMUNICIPAL CORPORATIONS. 195 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 dollars ($600) per annum, or such less sum as, in.the judgment of the board, the condition of the fund will jusoify, 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 years. 71®. Who may obtain benefits.] § 7. Any person who shall have served in either the police or fire departments of said city or village 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 regulations 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 organization, and be entitled to the benefits of this fund after he shall have ceased to be a member iti either said police or fire department, by complying with all the provisions of this act, relative to the payment of assessments, etc., 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. 711. How 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 by the president of the board and countersigned by the secretary, and no warrant shall be drawn except 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 by 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 constitute a part of said fund: Provided, that nothing herein contained shall be construed as authorizing the said treasurer to loan the said fund, or any part thereof, unless so authorized by said board. 712. Repealing clause.] § 9. Note.—This act is in place of that of May 24, 1877, on the same subject. R. S. 1877, p. 239. WATER WORKS. AN ACT authorizing cities, incorporated towns and villages to construct and maintain water works. [Approved and in force April 15, 1873.J 713* Power to supply water—letting contract— emergency.] § 1. That all cities, incorporated towns and196 STATUTES AFFECTING villages in this state, be and are hereby authorized and shall have power to provide for a supply of water for the puiposes of fire protection, and for the use of the inhabitants of such cities, incorporated towns or villages by the erection, construction and maintaining of a system of water works or by uniting wTith any adjacent city, incorporated town or village, 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: Provided, that all contracts for the erection or construction of such works or any part thereof, shall be let to the lowest responsible bidder therefor, upon not less than three (6) weeks public notice of the terms and conditions upon which the contract is to be let having been given by publication in a newspaper published in such city, town or village, or if no newspaper is published therein, then in some newspaper published m the county: And, provided,, further, that no member of the city council or board of trustees or mayor shall be directly or indirectly interested in any such contract, and in all cases the council or board of trustees, as the case may be, shall have the right to reject any and all bids that may not be satisfactory to them. Whereas, an emergency exists, therefore this act shall be in force from and after its passage. [As amended by act approved and in force May 14, 1879. 714:» Borrowed money—tax.] § 2. Such cities, incorporated towns and villages may borrow money and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the erection, construction and maintaining of such water works, and appropriate money for the same. [See § £S©®, item 3. 715. May acquire property for works, etc.] § 3. For the purpose of erecting, constructing, locating, maintaining or supplying such water works, any such city, incorporated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or otherwise; and shall also have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, construction and maintaining of such water works, in the manner provided for the taking and condemning of private property for public use; and may also acquire and hold real estate and other property and rights necessary for the location, erection, construction and maintenance of such water works, by purchase or otherwise; and the jurisdiction of such city, town or village to prevent or punish any pollution or injury to the stream or source of water for the supply of such water works, shall extend ten miles beyond its corporate limits. [See § ©SB; also “ Eminent Domain,” §§813-827. 716. Rules—tax—assessment—lien.] § 4. The common council of such cities, or trustees of such towns or villages,MUNICIPAL CORPORATIONS. 197 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 ease 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 § ©®9. 717. Special assessment.] § 5. The expense of locating, erecting and constructing reservoirs and hydrants for the purpose of fire protection, and the expense of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited thereby, if any, m such manner as may be provided for the making of special assessments for other public improvements in such cities, towns or villages. [See § ©31 et seq. 7'18* Separate 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 discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof. And any surplus may be applied in such manner as the common council or board of trustees may direct. 719. When act not apply.] § 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. 720. Emergency clause.] § 8. WATER SUPPLY PIPES. AN ACT to provide for the laying of water supply pipe by bonds and special assessment, payable in installments. [Approved and in force March 17, 1874.] 721. Bonds—assessments payable in installments.] § 1.. Pe it enacted by the People of the /State of Illinois, represented in the General Assembly: That whenever the corporate authorities of any city, town or village shall provide, by ordinance, for the laying of water supply pipes, to t>e 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 the198 STATUTES AFFECTING incorporation of cities and villages,” approved April 10, A. D. 1872, such corporate authorities may, in their discretion, provide in such ordinance, or by an ordinance to be adopted at any time prior to the issuance of the warrant to the collector for the 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 with the provisions contained in said article nine, and that the portion of said estimated cost which shall he assessed upon property specially benefited, shall be payable in such annual installments, not exceeding ten in number, as may in such ordinance 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. 722. 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 one 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 exceeding ten per cent, per annum. 72». Applies to assessments already ordered.] § 3. This act shall apply to assessments already ordered for the purpose set forth in section one of this act, and to the ordinances in relation thereto, as well as to ordinances hereafter to be adopted. 724. Emergency clause.] § 3. 725. 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. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 258.] AN ACT to aid cities owning or operating water works to secure an additional or better supply of pure water. [Approved and in force May 27, 1881. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 258.]MUNICIPAL CORPORATIONS. 199 MAYOR’S BILL. AN ACT concerning the appointment and removal of city officers in all cities in this state, conferring additional powers and duties upon mayors, and concerning appropriation bills or ordinances that may be passed in such cities. (Approved and in force April 10, 1875.] 726. Power of mayor and council—repeal.] § 1. Be it enacted by the People of the State of Illinois represented \n the General Assembly: [Note.—All except the enacting clause of section one of this act is repealed by act approved May 28, 1879. In force July 1, 1879.] 727. Approval and veto of ordinances.] § 2. All ordinances passed by the city council shall, before they take effect, be deposited in the office of the city clerk, and if the mayor approves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objections thereto, in writing, at the next regular meeting of the council occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance, and in case the veto only extends to a part of such ordinance, the residue thereof shall take effect and be in force; but in case the mayor shall fail to return any ordinance with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordinance, and the same shall take effect accordingly. 728. Passage over mayor’s veto.] § 3. Upon the return of any ordinance by the mayor, the vote by which the same was passed shall be reconsidered by the council; and if, after such reconsideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve thereof. The vote to pass the same over the mayor’s veto shall be taken bv veas and nays, and entered on the journal. 729. Emergency clause.] § 4. REBATE AND REDUCTION OF TAXES, ETC. AN ACT to prevent the unjust collection, by incorporated cities and towns, of taxes levied upon property destroyed by fire, and -to authorize the common council of such cities, or board of trustees of such towns, to change or amend appropriation bills, to pass ne w appropriation bills, to reduce taxes and special assessments in certain cases, and to discontinue special improvements. [Approved and in force January 18, 1872.] 730. Rebate when property destroyed.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever, in any incorporated city or200 STATUTES AFFECTING town in this state, any property listed or assessed for municipal taxation, shall have been or shall hereafter be destroyed by fire, in whole or in part, before the levy of the municipal taxes of such city thereon, or before the municipal taxes levied thereon shall have been collected, it shall and may be lawful for the mayor of such city or town—if there be no mayor, then the president of the board of trustees, the city comptroller, if there should be one; and if not, then the city clerk or town clerk, and the tax commissioner, if there should be one; if not, then the chairman of the finance comm ttee of the city councilor board of trustees—-to rebate or remit so much of such tax or taxes, so levied upon such property, as in their opinion should be rebated or remitted by reason of such property having been, in whole or in part, destroyed by fire. 731. Reduce ok release tax or assessment.] § 2. That whenever, in any incorporated city or town in this state, any large portion of the taxable property of such city shall have been or shall hereafter be destroyed by fire, so as to seriously impair or affect the ability of the property owners of such city or town to pay taxes or special assessments thereon, and an 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 appropriation hill, or any part of the same, and to order the discontinuance of said special improvements, or any of the same, or to reduce the amount of taxes or special assessments ordered to be levied, or assessed, or collected for any general or special purpose, and to pass a new appropriation bill; which new appropriation bill shall have the same force and effect as if the same had been passed within the time prescribed by the charter of any such city or such corporate town. 732* Emergency clause.] § 3. SEWERAGE, WATER AND LIGHT TAXES. 738. AN ACT in relation to the levy and collection of taxes for sewerage and water works in cities of this state, that may have established a system of sewerage and water works for such city, and to repeal an act therein named, and to. authorize the cities, villages and incorporated towns of this state to levy and collect taxes to pay for water and light. [Approved June 21, 1883. In force July 1, 1888. See Hurd’s Rev. Staffs 1885, ch. 24, p. 260.] 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.]MUNICIPAL COEPOEATIONS. 201 734. May contract for sewerage, etc.] § 1. Be it enacted by the People. of the State of Illinois, represented in the General Assembly: 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 constructed, or which may be hereafter constructed by the other, and further that any such sewer or drain or system of sewerage or drainage constructed or which may hereafter be constructed by the one, may be extended or furnished to the inhabitants of the other, and they may by 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. 735. How 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 confirmed by the proper corporate authorities of the municipal corporations who are parties thereto, shall be in all respects valid and binding. TAXES. AX ACT in regard to the assessment and collection of municipal taxes. [Approved May 23, 1877. In force July 1, 1877.] 73®. How MAY BE. ASSESSED AND COLLECTED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 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 incorporation 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 acts, inconsistent with the provisions of this act, are hereby repealed. [See §§ ©09-613, also “ Revenue,” ch. 120, § 122, Rev* Stat’s, [Note.—This act in effect repeals that of April 15,1873. See R. S. 1874, p. 254. The act of May 5, 1877, for collection of back taxes, and of May 21, 1877, to cure defects in water assessments, are omitted, being temporary. See the Constitution, Art. IX, §§ 4, 12.]202 STATUTES AFFECTING SURPLUS FUND OP TAX. 737. AN ACT to prohibit any city, town or village in this state from receiving from the county treasury a greater proportion of the surplus fund or tax than shall be received by any other city, town or village within the same county. [Approved May 4, 1877, and in force July 1,1877. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 262.] LABOR ON STREETS. 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.] YSS. Labor on streets, etc.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the city council in all cities and the president and board of trustees in ail villages in this state, may have power, by ordinance, to require 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 bylaw) to labor on the streets and alleys of any such city or village, not more than two (2) days in each year; but such ordinance shall provide for commutation of such labor at seventy-five cents per day. YS9. Fines and 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. SIDEWALKS. AN ACT to provide additional mean's for the construction of sidewalks in cities, towns and villages. [Approved April 15, 1875. In force July 1, 1875.] I?40. Sidewalks by taxation.] § 1. Be it enacted by the People of the State of Illinois, represented 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 shall be ordered, and such special taxation may be either by a levy upon any lot of the whole, or any part of the cost of making any such sidewalk in front of such lot or parcel 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 side-MUNICIPAL CORPORATIONS. 203 walk, 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 for the purpose of state and county taxation; or the whole or any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such sidewalks, or in proportion to their superficial area, as may be provided by ordinance ordering the laying down of 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 appropriated. [See §§ 560, 632. 741. What ordinance may provide.] § 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 publication, and in default thereof, said materials to be furnished and sidewalk 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 the respective owners of said lots or parcels of land as hereinafter provided. 742. In case owner neglects to construct.] § 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 bv 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, certified to by the officer or board designated by said ordinance to take charge of the construction of said sidewalk, together with a list of the lots or parcels of land touching upon the line of said sidewalk, the names of the owners thereof, and the frontage, superficial area, or assessed value as aforesaid, according as said ordinance may provide for the levy of said costs204: STATUTES AFFECTING by frontage, superficial 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 special tax to be charged against each of said lots or parcels and the owners thereof, 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 appearing from said special tax list to be due from the respective owners of the lots or parcels of land touching upon the line of said sidewalk; and such officer shall proceed to collect such warrants in the same manner as constables are authorized to collect executions, and make return thereof, together with the moneys collected, to the clerk of such city, town or village, within sixty days from the date of their issue; and in case any such warrant shall be returned, as to the whole or any part thereof, “no property found,” other warrants may issue, and proceedings by garnishment may be resorted to, as in cases of garnishment in aid of the collection of judgments at law, and all moneys so collected and paid over to said clerk shall be, by him, immediately paid over to the treasurer of said city, town or village. Y43. Special tax—duty of clerk—report.] § 4. Upon failure to collect such speciai tax as heretofore provided in this act, it shall be the duty of said clerk, within such time as such ordinance may provide, to make report of all such special tax, in writing, to such general officer of the county as may be authorized by law to apply for judgment against, and sell lands for taxes due 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 ordinance ordering the construction of said sidewalk, which report shall be accompanied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost (as the case may be) of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports, when so made, shall be pri?na facie evidence that all the forms and requirements of the law in relation to making such return have been complied with, and that the special tax, as mentioned in said report, is due and unpaid. YdtdL General officer to obtain judgment—by what laws governed.] § 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lots or parcels of land for said special tax remainingMUNICIPAL CORPORATIONS. 205 due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid to the county and state, and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided herein, and said general laws shall also be applicable to the execution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds; and all other laws in relation to the enforcement and collection of taxes, and redemption from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided. 745. When constructed by owner 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 part out of any general fund of such city, town or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordinance providing for its construction^ such owner shall file with the clerk of such city, town or village, an itemized statement of the cost of such sidewalk so constructed, by him verified by affi lavit, together with a certificate of the officer or board directed by such ordinance to superintend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town or village, shall thereupon, at its first meeting thereafter, allow and order to be issued to such owner, an order on the treasurer of such city, town or village, for the cost of the construction of such sidewalk, less the amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed. 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.] 746. Time of opening and closing polls.] §1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That in all city, town or village elections in this state, the polls shall remain open from eight (8) o’clock a. m., until seven (7) o’clock p. M. any law in any special charter to the contrary notwithstanding. AN ACT relating to elections, and to fix the time for holding the same, in cities having the same territory as an organized township. [Approved May 6, 1879. In force, July 1, 1879.] 747. Elections.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That206 STATUTES AFFECTING hereafter the regular charter election for the election of city officers of any city having the same territory as an organized township, shall take place on the same day provided by law for the township election, to wit: On the first Tuesday of April, anything in the charter of such city to the contrary notwithstanding, and such charter and township elections may be conducted in all respects as provided in and by an act entitled, u An act to amend section seven (7) of article seven of an act entitled ‘An act to revise the law in relation to township organization, approved.and in force March 4, 1874;’ approved and in force March 9, 1877.” Provided, that this act shall not be so construed as to require any city to hold its charter election oftener than its charter may prescribe. [See § 54©. 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, 1879.1 748. ARREST---IMPRISONMENT---WORK-HOUSE.] § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That in all actions for the violation of any ordinance of any city or village organized under any general or special law of this state, the first process shall be a summons : Provided, however^ that a warrant for the arrest of the offender may issue in the first instance, upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty,thereof; and any person arrested upon such warrant, shall, without unnecessary delay, be taken before the proper officer, to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court or magistrate before whom the conviction is had, he committed to the county jail or the calaboose, city prison, work-house, house of correction, or other place provided by such cities or villages by ordinance for the incarceration of such offenders until such fine, penalty, and cost shall be fully paid : Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees of any such cities or villages shall .have power to provide by ordinance that every person so committed shall be required to work at such labor as his or her strength will permit, within and without such prison, work-house, house of correction or other place provided for the incarceration of such offenders, not to exceed ten hours each working day; and for such work the person so employed, or worked, shall be allowed, exclusive of his or her board, the sum of fifty cents for each day’s work on account of such fine and costs. 749. Repealing clause.] § 2. 750. Emergency clause.] § 3.MUNICIPAL CORPORATIONS. 207 SUITS—HOW BROUGHT. AH ACT entitled “ An act in regard to suits by incorporated cities and villages, and to enforce penalties and recover fines for violating the ordinances thereof.” [Approved May 31, 1879. In force July 1, 1879.] 751. Suits —how brought, etc.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all actions to recover any fine, or to enforce any penalty, under any ordinance of any city or village in this state, shall be brought in the corporate name of the city or village, as plaintiff, and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same party, for any other violation of any such ordinance, 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. REGULATING TENEMENT AND LODGING HOUSES, ETC. 752. AN ACT for the regulation and inspection of tenement and lodging houses, or other places of habitation. [Approved and in force May 30, 1881. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 266.] AUTHORIZED TO PROTECT FROM OVERFLOW AND INUNDATION AND CONTROL PRIVATE LEVEES, ETC. AN ACT to authorize cities, town and villages to protect the site thereof from overflow and inundation, and to regulate and control private levees, private wharves and landing places, or embankments, and to compel the repairs and improvement of such levees! or embankments, and to cause low lots, blocks or parcels of land within the corporate limits to be filled so as tv prevent standing water thereon, and to authorize cities, towns and villages to purchase or condemn lauds, sand banks gravel pits and rock quarries, for any of the purposes above named. [Approved and in force May 19, 1883. See Hurd’s Rev. Stat’s 1885, ch. 24, p. 267.] 753. Stagnant water—nuisance—abatement oe.] § 11. Any city, town or village in this state wherein there are lots, blocks, or places wherein stagnant water is liable to stand, from surface water, or sipe water, or overflow, so that the same becomes a nuisance, or is dangerous to the public health of any such city, town or village, the corporate authorities thereof, may declare such lots, blocks or places of land to' be nuisances, and order the same filled to grade, or to such height as will prevent such standing water, and for the purpose of filling any such lots, blocks or places, such city, town or village may purchase or con-208 STATUTES AFFECTING demn lands, sand banks, or gravel, in the same manner as in other cases under this act. 754. Liability- of proprietors of city subject to oyer- flow FOR DAMAGES—INSUFFICIENT LEVEES.] § 12. * * * 755. Proceedings where land below grade.] § 13. In any city, village or town in this state wherein there are lots, blocks or parcels of land within the district or districts where the grade shall have been established and fixed as provided for in section 11, below such grade whereon water is liable to drain or accumulate from such drainage, or from rains, or sipe water, and stand thereon, thereby endangering the public health, it shall be lawful for the city council in cities, and the board of trustees in towns and villages, by ordinance, to declare all such lots, blocks or parcels of land, a public nuisance, and order notice to be served on the owner or owners of such lots, blocks or parcels of land so declared to be a public nuisance, to fill the same to the grade established for such streets under the provisions of section 11, within ten days. In case the owner' or owners reside without this state, such notice may be served on their agent or agents, if such reside in this state, and if neither the agent nor owner resides in this state, then such notice may be given by publication for twenty days in a newspaper published in the city, town or village; and the specified time for the performance of such work shall begin to run from the date of the last publication. In case the owner or owners of any such lot, block or parcel of land shall fail to comply with the said order, and fill the same within the time allowed for the doing thereof, it shall be lawful for the city, town or village to do said filling at the least possible cost, and the expense thereof shall be a first lien in favor of such city, town or village upon the entire interest of the owner or owners in said lot, block or parcel of land; and for the purpose of enforcing said lien, any city, town or village may file its petition in the circuit court of the county where such city, town or village is situated, which court is hereby given exclusive jurisdiction thereof, stating the passage of the ordinance declaring such lot a nuisance, the giving oh the notice aforesaid, the failure of the owner or owners to comply therewith, the expense incurred by the city, town or village in filling the same, and on proof thereof, and that the owner has been notified of the pendency of the proceedings, in the same manner as now provided by law for notifying defendants of the pendency of chancery causes, the court shall decree the payment of such sum with interest and costs within twenty days, and that such city, town or village have a lien on the lot, etc., therefor, and also that said lot, etc., be sold in the manner and by the officer designated by the court, on failure to pay said sum found due with interest and costs, without redemption, and the court shall direct a deed to be made to the purchaser by the officer so making the sale, which shall vest in the purchaser all the right, title and interest of the owner or owners of any such lot, block orMUNICIPAL CORPORATIONS. 209 parcel of land. Any mortgagee of any such lot, block or parcel of land shall be taken and considered an owner thereof within the meaning of this act, TO DIVIDE CITIES AND VILLAGES SUBJECT TO OVERFLOW INTO IMPROVEMENT DISTRICTS. 756. AN ACT to divide cities and villages subjeefc to overflow and inundation into improvement districts, and to provide ways and means to raise the streets, lots and blocks above the line of overflow. [Approved and in force May 29* 1883. See Hurd’s Rev. Stat’s 1885, ch. 24. p.. 270.] TO AUTHORIZE CITIES, ETC., TO CONSTRUCT AND REPAIR DRAINS, ETC. AN ACT to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes and pumping works for drainage purposes by special assessment upon the property benefited thereby. [Approved June 22, 1885. In force July 1, 1885.] 757. Cities AND VILLAGES EMPOWERED TO CONSTRUCT drains, etc.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the corporate authorities of cities and villages are. hereby vested with power to construct drains, ditches, levees and dykes, to erect pumping works, and to acquire the necessary land and machinery for such purposes, and otherwise to provide for draining any portion of the lands within their corporate limits, by special assessment upon the property benefited thereby. 758. Drainage improvements by special assessments.] § 2. That the corporate authorities of cities and villages are hereby vested with the power to maintain and keep in repair such drains, ditches, levees, dykes, pumping works and machinery and such drainage improvement by special assessment upon the property benefited thereby: Provided, that no- lot, block, tract or parcel of land shall be assessed more than once in any one year for such maintenance and repair. 759. Proceedings in.] § 3. All the proceedings for the making of the improvements in this act mentioned, and for the maintenance and repair thereof, and for the levy and collection of the special assessments to defray the cost of the same, shall be in accordance with the provisions of article nine of the general act for the incorporation of cities and villages, approved April 10, 1872. 14210 STATUTES AFFECTING COMPENSATION TO OFFICERS OF TOWNS, ETC. AN ACT to limit the compensation of officers, agents or employes of incorporated towns or villages. [Approved June 26, 1885. In force July 1, 1885.] YUO. Unlawful to take greater sum than the percentage etc.] § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That, whenever any officer, agent or employe of any incorporated town or village, hereafter to be elected or appointed, is paid by a commission or percentage on the moneys collected, handled or paid over by him, it shall be unlawful for said officer, agent or employe to receive or retain for his compensation for collecting, handling or paying over such moneys, any greater sum than that produced by such percentage or commission, and in no case shall such compensation exceed the sum of five thousand dollars (f>5,Q0Q) per annum. REFUNDING ILLEGAL TAXES. 761. AN ACT to refund illegal taxes. [Approved June 27, 1885. In force July 1, 1885. See Hurdrs Rev. Slat’s 1885, ch. 24, p. 278.] TO AUTHORIZE CITIllS AND VILLAGES TO CONVEY REAL ESTATE. 762. AN ACT to authorize cities and villages to convey real estate held by them for school or academy purposes to the proper school officers. [Approved June 27, 1885. In force July 1, 1885. See Hurd’s Rev. Slat’s 1835, ch. 24, p. 278.]MUNICIPAL CORPORATIONS. 211 CONSTITUTION OF 1870. Adopted in convention May 13, 1870; ratified by the people July 2, 1870; in force August 8, 1870. ARTICLE II. TAKING PRIVATE PROPERTY FOR PUBLIC USE. 763. § 13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the state, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad Tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. ARTICLE YI. JUSTICES OF THE PEACE AND CONSTABLES. 764. § 21. Justices of the peace, police magistrates and constables shall be elected in and for such districts as are or may be provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform. ARTICLE IX. ELIGIBILITY TO OFFICE—COMPENSATION OF OFFICERS. 765. § 11. No person who is in default as collector or cus- todian of money or property belonging to a municipal corporation, shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office shall be increased or diminished during such term. LIMITATION OF INDEBTEDNESS OF CITY, ETC. 766- § 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes, previous to the212 STATUTES AFFECTING incurring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from ihe time of contracting the same. This section shall not be construed to prevent any county, city, township, school district, or other municipal corporation, from issuing their bonds m compliance with any vote of the people which may have been had prior to the adoption of this constitution in pursuance of any law providing therefor., ARTICLE XI. CONSENT OF LOCAL AUTHORITIES NECESSARY FOR CONSTRUCTION, ETC., OF STREET RAILROAD. 7&7. § 4. No law shall be passed by the general assembly granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad» EMINENT DOMAIN. 7m. § 14. The exercise of the power and the right of eminent domain, shall never be so construed or abridged as to prevent the taking, by the general assembly, of the property and franchises of incorporated companies already organized, and subjecting them to the public necessity the same as of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when, in the exercise of the said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right.* SEPARATE SECTIONS. MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS. 76». No county, city, town, township or other municipality, shall ever become subscriber to the capital stock of any railroad or private corporation, or make donation to or loan its credit in aid of such corporation: Provided, however, that the adoption of this article shall not be construed as affecting the right of any * See ‘ ‘Eminent Domain, ’’ §§ 813-827.MUNICIPAL CORPORATIONS. 213 such municipality to make such subscriptions where the same have been authorized, under existing laws, by a vote of the people of such municipalities prior to such adoption. CLASSIFICATION OF COUNTIES. AN ACT concerning fees and salaries, and to classify the several counties of this state with reference thereto. [Approved March 29, 1872. In force July 1, 1872, Title as amended by act approved March 28, 1874. In force July 1, 1874.] % sji % % if! % 77©. Counties classified.] § 13. That for the purpose of fixing the fees and compensation of county and township officers in this state, the several counties therein are hereby divided into three classes according to population, as ascertained by the Federal census of the year 1880, which classes shall be known as the first, second and third, as follows: & # % % % ^ % Counties containing a population exceeding one hundred thousand, to wit: The county of Cook, shall belong to, and be known as counties of the third class. CEMETERIES. 771. AN ACT to provide for the dedication of land for cemetery purposes. [Approved February 15, 1851. In force April 18, 1851.] AN ACT to provide for the removal of cemeteries. [Approved April 24, 1873. In force July 1, 1873.] AN ACT to enable cemetery companies to sell and convey land not required for burial purposes. [Approved February 12, 1874. In force July 1, 1874.J AN ACT to amend an act entitled “An act to enable cities and villages to establish and regulate cemeteries’' approved March 24, 1874, amended by an act approved May 25, 1877, in force July 1, 1877. [Approved and in force June 14, 1883.] AN ACT to enable the mayor and aldermen of certain cities to lease or convey real estate. [Approved April 15, 1875. In force July 1, 1875.] AN ACT to enable cemetery associations to sell and convey lands not required for burial purposes. [Approved April 15, 1875. In force Julyl, 1875. See Hurd’s Rev. Stat’s 1885, ch. 21, pp. 190, 191.]214: STATUTES AFFECTING DRAINS, DITCHES AND LEVEES FOR AGRICULTURAL, SANITARY AND MINING PURPOSES. 772. AN ACT to provide for the construction, reparation and protection of drains, ditches and levees, across the lands of others, for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts. [Approved and in force May 29, 1879.] AN ACT to provide for drainage for agricultural and sanitary purposes, and to repeal certain acts therein named. [Approved June 27, 1885. In force July 1,1885. See Hurd’s Rev. Stat’s 1885, eh. 42, pp. 460-508.] DRAM SHOPS. AN ACT to provide for the licensing of and against the evils arising from the sale of intoxicating liquors. [Approved March 80, 1874. In force July 1, 1874. Hurd’s Rev. Stat’s 1885, p. 513-516.] 773. Dram shop defined.] § 1. Be it enacted by the People of the State of Illinois, represented in the Gevieral Assembly: That a dram shop is a place where spirituous or vinous or malt liquors are retailed by less quantity than one gallon, and intoxicating liquors shall be deemed to include all such liquors within the meaning of this act. 774:. Selling liquor without license.] § 2. Whoever, not having a license to keep a dram shop, shall, by himself or another, either as principal, 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 of public resort, shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100), or imprisoned in the county jail not less than ten nor more than thirty days, or both in the discretion of the court. [As amended by act approved May 18, 1877. In force July 1, 1877. AN ACT to restrict the powers of counties, cities, towns and villages in licensing dram shops to provide for granting a license to retail malt liquors separately, and for punishing persons holding such separate license for unlawful sale and gifts. [Approved June 15, 1883. In force July 1, 1883.] 775. How license may be granted.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That hereafter it shall not be lawful for the corporate authorities of any city, town or village in this state, to grant a license for the keeping of a dram shop, except upon the payment in advance, into the treasury of the city, town or village granting the license, such sum as may be determined by the respective authorities of such city, town or village, not less than at the rate ofMUNICIPAL CORPORATIONS. 215 five hundred dollars ($500) per annum: Provided, that in all cases when a license for the sale of malt liquors only is granted, the city, town or village granting such license, may grant the same, on the payment, in advance, of the sum of not less than at the rate of one hundred and fifty dollars ($150) per annum: And,provided further, that the city councils in cities, the board of trustees in towns, and president and board of trustees in villages, may grant permits to pharmacists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, under such restrictions and regulations as may be provided by ordinance. 77©. How LICENSE MAY BE GRANTED BY COUNTY BOARD.] § 2. The county boards of each county may grant licenses to keep so many dram shops in their county as they may think the public good requires, upon the application, by petition, of a majority of the legal voters of the town, if the county is under township organization, and if not under township organization, then of a majority of the legal voters of the election precinct or district where the same is proposed to be located, and upon the payment into^the county treasury of such sum as the board may require, not less than five hundred dollars ($500) per annum for each license; and upon compliance with the provisions of an act entitled “ An act to provide for the licensing of, and against the evils arising from the sale of intoxicating liquors,^ approved March 3, 1874, in force July 1, 1874: Provided, that in all cases where a license is granted for the sale of malt liquors only, such board may grant the same, upon payment into the county treasury, of a sum not less than one hundred and fifty dollars ($150) per annum for each license: Provided further, such board shall not have power to issue any license to keep a dram shop in any incorporated city, town or village, or within two miles of the same, in which the corporate authorities have authority to license, regulate, restrain or prohibit the sale of liquors, or in any place where the sale of liquors is prohibited bv law. 777. License to sell malt liquor—penalty eor selling other liquors.] § 3. Any person having a license to sell malt liquors only, who shall by himself or another, either is [as] principal, clerk or servant, directly or indirectly, sell or give any intoxicating liquors, other than malt liquors in a less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard, or place of public resort, shall for each offense be fined not less than twenty dollars, nor more than one hundred dollars, or confined in the county jail not less than ten nor more than thirty days, or both in the discretion of the court. The penalties provided for in this section may be enforced by indictment or information in any court of competent jurisdiction, or the fine only may be sued for and recovered before any justice of the peace of the proper county, and in case of conviction, the offender shall stand committed to the county jail until the fine and costs are iully paid. A conviction under216 STATUTES AFFECTING this section shall forfeit the license held by the defendant and the court rendering judgment upon such conviction shall in such judgment declare a forfeiture of such license. 778. Form of license—bights under—may be revoked.] § 4. The license shall state the time for which it is granted, which shall not exceed one year, the place where the dram shop is to be kept, and shall not be transferable, nor shall the person licensed keep a dram shop at more than one place at the same time, and any license granted may be revoked by the county board whenever they shall be satisfied that the person licensed has violated any of the provisions of this act, or keeps a disorderly or ill-governed house or place of resort for idle or dissolute persons, or allows any illegal gaming in his dram shop or any house or place adjacent thereto. 779. Bond—how taken—suit on.] § 5. No person shall be licensed to keep a dram shop, or to sell intoxicating liquors, by any county board, or the authorities of any city, town or village, unless he shall first give bond in the penal sum of $3,000, payable to the People of the State of Illinois, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the officer who may be authorized to issue the license, conditioned that he 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 iicense selling or giving away intoxicating liquors. The officer taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person so licensed, or by his agent or servant. 78®. Selling or giving to minor or drunkard.] § 6. Whoever, by himself, or his agent or servant, shall sell or give intoxicating liquor to any minor without the written order of his parent, guardian, or family physician, or to any person intoxicated, or who is in the habit of getting intoxicated, shall, for each offense, be fined not less than twenty dollars ($20), nor more than one hundred dollars ($100), or imprisoned in the county jail not less than ten nor more than thirty days, or both, according to the nature of the offense: Provided, this act shall not affect any prosecution pending at the time this act takes effect, but in every such prosecution the accused shall, upon conviction, be punished in the same manner in all respects, as if this act had not been passed. [As amended by act approved May 18, 187?. In force July 1, 1877. 781. Nuisances—penalty—bond—evidence.] § ?. All places where intoxicating liquors are sold in violation of this act,MUNICIPAL CORPORATIONS. 217 shall be taken, held and be declared to be common nuisances, and all rooms, taverns, eating houses, bazars, restaurants, drug stores, groceries, coffee houses, cellars, or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be deemed public nuisances; and whoever shall keep any such place, by himself, or his agent or servant, shall, for each offense, be fined not less than $50 nor more than $100, and confined in the county jail not less than twenty nor more than fifty days, and it shall be a part of the judgment, upon the conviction of the keeper, that the place so kept shall be shut up and abated until the keeper shall give bond, with sufficient security to be approved by the court, in the penal sum of $1,000, payable to the People of the State of Illinois, conditioned that he will not sell intoxicating liquors contrary to the laws of this state, and will pay all fines, costs and damages assessed against him for any violation thereof; and in case of a forfeiture of such bond, suit may be brought thereon for the use of the county, city, town or village, in case of a fine due to either of them. It shall not be necessary in any prosecutions under this section to state the name of any person to whom liquor is sold. 782. Liability for support, etc.] § 8. Every person who shall, by the sale of intoxicating liquors, with or without a license, cause the intoxication of any other person, shall be liable for and compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxicated person, and $2 per day in addition thereto for every day such intoxicated person shall be kept in consequence of such intoxication, which sums may be recovered in an action of debt before any court having competent jurisdiction. 788. Suit for damages by husband, wife, child, etc.— forfeiture of lease, FTC.] § 9. Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or m part, of such person or persons; and any person owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, or who having leased the same for other purposes, shall knowingly permit therein the sale of any intoxicating liquors that have caused, in whole or in part, the intoxication of any person, shall be liable, severally or jointly, with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained, and for exemplary damages; and a married woman shall have the same right to bring suits and to control the same and the amount recovered, as a feme sole/ and all damages recovered by a minor under this act shall be paid either218 STATUTES AFFECTING to such minor or to his or her parent, guardian or next friend, as the court shall direct; and the unlawful sale, or giving away, of intoxicating liquors, shall work a forfeiture of all rights of the lessee or tenant, under any lease or contract of rent upon the premises wThere such unlawful sale or giving away shall take place; and all suits for damages under this act may be by any appropriate action in any of the courts of this state having competent jurisdiction. 784. What liable to execution — proceeding to enforce.] § 10. For the payment of any judgment for damages and costs that may be recovered against any person in consequence of the sale of intoxicating liquors under the preceding section, the real estate and personal property of such person, of every kind, except such as may be exempt from levy and sale upon judgment and execution, shall be liable; and such judgment shall be a lien upon such real estate until paid; and in case any person shall rent or lease to another any building or premises to be used or occupied, in whole or in part, for the sale of intoxicating liquors, or shall knowungly permit the same to be so used or occupied, such building or premises so used or occupied shall be held liable for and may be sold to pay any such judgment against any person occupying such building or premises. Proceedings may be had to subject the same to the payment of any such judgment recovered, which remain unpaid, or any part thereof, either before or after execution shall issue against the property of the person against whom such judgment shall have been recovered; and when execution shall issue against the property so leased or rented, the officer shall proceed to satisfy said execution out of the building or premises so leased or occupied, as aforesaid: Provided, that if such building or premises belong to a minor or other person under guardianship, the guardian or conservator of such person, and his real and personal property, shall be held liable instead of such ward, and his property shall be subject to all the provisions of this section relating to the collection of said judgment. 785. When suit may be before justice.] § 11. When the damages claimed under either the eighth or ninth section of this act do not exceed the sum of $200, the action therefor may be prosecuted before a justice of the peace of the proper county and the judgment may be enforced in the same manner as other judgment recovered before justices of the peace. 780. Indictment, or fine.] § 12. Any fine or imprisonment mentioned in this act may be enforced by indictment in any court of record having criminal jurisdiction, or the fine above may be sued for and recovered before any justice of the peace of the proper county, in the name of the People of the State of Illinois; and in case of conviction the offender shall stand committed to the county jail until the judgment and costs are fully paid.MUNICIPAL CORPORATIONS. 219 7S7. Shifts.] § 13. The giving away of intoxicating liquors, or other shift or device to evade the provisions of this act, shall be held to be an unlawful selling. 7m. Evidence.] § 14. In all prosecutions under this act, by indictment or otherwise, it shall not be necessary to state the kind of liquor sold; or to describe the place where sold; nor to show the knowledge of the principal to convict for the acts of an agent or servant; and in all cases the persons to whom intoxicating liquors shall be sold in violation of this act, shall be competent witnesses. 780. City or village ordinance no defense.] § 15. It shall be no objection to a recovery under this act that the offense for which the person is prosecuted is punishable under any city, village or town ordinance. ELECTIONS. 7m. AN ACT in regard to elections, and to provide for filling vacancies in elective offices. [Approved April 3, 1872. In force July 1, 1872. See Hurd’s Rev. Stat’s 1885, eh. 46, pp. 528-544.] 791. AN ACT for the registry of electors and to prevent fraudulent voting. [Approved and in force February 15, 1865. See Hurd’s Rev. Stat’s 1885, ch. 46, pp. 544-547.] CONGRESSIONAL APPORTIONMENT. AN ACT to apportion the state into Twenty Congressional Districts, and establish the same and provide for the election of Representatives therein. [Approved April 29, 1882. In force July 1, 1882. Hard's Rev. Stat’s 1885, ch. 46, pp. 547, 548.] 792. Districts.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the State of Illinois be, and the same is hereby apportioned into twenty Congressional Districts, ar*d that the same are hereby established, and shall be respectively composed as herein set forth, to wit: The First District shall be composed of the First, Second, Third and Fourth Wards in the city of Chicago, and the towns of Riverside, Hyde Park, Lake, Lyons, Calumet, Worth, Palos, Lemont, Thornton, Bremen, Orland, Bloom and Rich, in the county of Cook. SENATORIAL AND REPRESENTATIVE APPORTIONMENT. AN ACT to apportion the State of Illinois into Senatorial Districts; and to repeal an act therein named. [Approved May 6, 1882. In force July 1, 1882. Hurd’s Rev. Stat’s 1885, ch. 46, pp. 548, 549.]220 STATUTES AFFECTING 798. Districts—one senator and three representatives from each.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That, until the taking and return of the next Federal census, and the apportionment thereunder, as provided in the constitution, this state shall be divided into Senatorial districts, each of which shall be entitled to one Senator and three Representatives as follows, to wit: First—The ninth and tenth wards, and all that part of the eleventh ward north of the center line of Van Buren street, in the city of Chicago, in the county of Cook, shall constitute the first district. Second—That part of the fourth ward south of the center line of Twenty-ninth street, in the city of Chicago, and the towns of Hyde Park and Lake, all in the county of Cook, shall constitute the second district. IN CITIES, VILLAGES AND INCORPORATED TOWNS. AN ACT regulating the holding of elections and declaring the result there of in cities, villages and incorporated towns in this state. [Approved June 19, 1885. In force July 1, 1885. Hurd’s Rev. Stat’s 1885, pp. 550-585.] * ARTICLE I. 794. Adoption of act by village or town.] § 15. Any village or incorporated town in this state may adopt this act in like manner, and the same shall, be submitted to a vote of the people of the said village or town upon written application to said county court of 500 electors in such village or town. 795. Effect of adoption of the act.] § 16. After and from the time of the adoption of this act as aforesaid, the provisions of the same shall be applicable to such cities, villages or towns, and all laws in conflict therewith shall no longer be applicable to such cities, villages or towns,. But all laws or parts of laws not inconsistent with the provisions of this act shall continue in force and be applicable to any such city, village or town, the same as if this act had not been adopted. ARTICLE II. 796. Monthly reports of the dead.] § 18. It shall be the duty of the person or officer, having change of the vital * This act was adopted by the Village of Hyde Park, at the general election held in said village, on the second Tuesday of November A. L., 1886.MUNICIPAL CORPORATIONS. 221 statistics of any such city, village or incorporated town, to furnish to such board of election commissioners, monthly, a report of the names and the previous residences of all male persons over twenty-one years of age that have died during the preceding month. 797. Election days—holid4ys.] . § 22. The days upon which the general, state or county or city elections shall hereafter be held in such city, village or incorporated town, shall be holidays, and shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, and as regards days of grace upon commercial paper, be treated and considered as is the first day of the week, commonly called Sunday. ARTICLE V. 798. Canvassers to declare result—make abstract— certificate—force of.] § 2. It shall be the duty of such board of canvassers to canvass, add up and declare the result of every election hereafter held within the boundaries of such city, or incorporated town, and the county court shall thereupon enter of record such abstract and result, and a certified copy of such record shall thereupon be filed with the county clerk of said county. And such abstracts or results shall be treated, by said county clerk in all respects as if made by the canvassing board, now provided by law, and he shall transmit the same to the secretary of state, or other proper officer, as required by law. And such abstracts or results so entered and declared by such county court, and a certified copy thereof, shall be treated everywhere within the state, and by all public officers, with the satne binding force and effect as the abstract of votes now authorized by the general law of the state. 799. County clerk—certificate of election.] §3. The county clerk shall make out a certificate of election to each person having the highest number of votes for the several county and town offices, and deliver such certificate of election to the person entitled to it, on his application. 890. Canvassing board—city or town office-tie vote.] § 5. In the canvass of such votes by the canvassing-board, provided in said act, said board shall declare who is elected to any city or town office. In the case of a tie in the election to any city office or to any office voted for only within the territory of such city, it shall be determined by lot in such manner as such canvassers shall direct, which candidate or candidates shall hold the office, and thereupon the person in whose favor it shall result, shall be declared elected by the order entered in said county court, as aforesaid.222 STATUTES AFFECTING 80 J. Duty OF CANVASSING BOARD UPON INDICATION OF change or fraud.] § 6. If upon opening the various returns so made by the board of canvassers as aforesaid there shall be anything to indicate that a change has been made in such returns since signing the same by the judges or clerks, or of any fraud in any respect touching.such returns, it shall then be the duty of said canvassing board to have all the tallies opened and examined. If there shall then be any doubt as to the genuineness of such returns for any precinct, and as to the actual vote as originally returned, and the truth respecting the same remains uncertain, it shall be the duty of such canvassers to examine any person or persons, who were present at the time of the proclamation so made by the judges of election, in such precinct, about which any doubt arises, and the board shall be permitted to place such parties or witnesses on oath, and examine them touching the same, and it shall be their duty to call such parties who were present at the time of such proclamation to come before them, and a subpoena may be issued by the county court, under the direction of said board, compelling any such witnesses to come before said board and give their evidence touching the matter in controversy; and thereupon it shall be the duty of said board to declare the result of the vote in any such precinct, in regard to which any question arises, as it was proclaimed by the judges of election after the canvass by them in such precinct, which result, when so declared, shall be binding and conclusive. ARTICLE VII. 802. Commissioners’and clerks’fees—how paid.] § 1. Such election commissioners and the chief clerk of the board of election commissioners shall be paid by the county. And for the purpose of fixing their fees and compensation, the several counties of this state are divided into three classes, as they are now classified by law, as to fees and salaries. In counties of the first class said election commissioners shall each receive a salary of $500, and said chief clerk a salary of $400 per annum. In counties of the second class, such election commissioners shall each receive a salary of' $700, and such chief clerk a salary of $600 per annum. In counties of the third class, to wit: in Cook county, such election commissioners shall each receive a salary of $1,500, and such chief clerk a salary of $2,000 per annum. All expenses, incurred by said board of election commissioners shall be paid by such city. Such salaries and expenditures are to be audited by the county judge, and such salaries shall be paid by the county treasurer upon the warrant of such county judge, out of any money in theMUNICIPAL CORPORATIONS. 223 county trej^sury not otherwise appropriated, and such expenditures shall be paid by the city treasurer upon the warrant of such county judge, out of any money in the city treasury not otherwise appropriated. It shall also be the duty of the governing authority of such counties and c:ties respectively to make provision for the prompt payment of such salaries and expenses, as the case may be. 8©3. Judges, etc., paid at rate of $3 per day.] § 2. All judges and clerks of election and official ticket holders, under this act, shall be allowed and paid at the rate of $3 per day. 804. Number of days to be credited judges and clerks.] § 3. Each judge of election who has performed all the duties and services required of him by this act, at the general registration and at the election following, shall be credited with four full days’ service and no more, but at any election prior to which there is only an additional registration and revision, being a registration between the general registrations, he shall be credited with '‘three full days’ service and no more, in case he performs all the duties required of him by this act. At the elections held under this act, where there is no additional registration or revision of registration, each judge or clerk of election shall only be credited with one day’s service each. When any judge or clerk does not perform all the services required by this act, then such board of election commissioners will audit his time, and shall allow him pro rata compensation. Each clerk of election, if he has performed all the services required of him by this act, at the general registration and at the election following, shall be credited with five days’ service, and no more, but at any election prior to which there was only an additional registration and revision, being a registration between the general registrations, he shall be credited with four full days’ service and no more, in case he performs all the duties required of him by this act. 805. .When city to pay judges and clerks.] § 4. At all city elections, general or special, though other than city officers may be elected at the same time with such city officers, and at all special elections in any part of such city, at which a city officer is elected, such city shall pay such judges and clerks of election for their services under this act. 8©©. When county to pay judges and clerks.] § 5. At all general county and state elections, which include officers elected through the whole county, though other than state and county officers are also elected, and at all exclusively judicial elections, and at all special elections for a county or state officer, or member of congress or member of the legislature, such county shall pay such judges and clerks of election and official ticket holders for their services under this act.224 STATUTES AFFECTING ARTICLE VIII. MISCELLANEOUS PROVISIONS. 807. When act adopted.] § 1. Whenever this act is adopted by any village or incorporated town, all its provisions shall be applicable and operative except as hereinafter modified. 8©8. Ex-officio commissioners of village.] §2. Whenever any village or incorporated town, which lies within any county in which a city exists, which may adopt this act, then in such case the commissioners of election appointed, or which may be appointed for said city, shall also be ex-officio commissioners of election for such village or incorporated town, and shall have and exercise the same powers as if specially appointed for such village or town. 8 ©9. Q UADRUPLE RETURNS OF JUDGES, ETC., OF VILLAGE or town—how made.] § 3. The quadruple returns of -the judges and clerks of election of such village or incorporated town, mentioned in the last section, in case of a village or town election for any officer of such village or town, shall be made to the same officer as now required by law, who shall receipt therefor, and all such returns shall be canvassed by the canvassing board of such village or town, as established by law, with the same powers of investigation and examination by such board, as is authorized by this act to the canvassing board of any such city. See a Cities ” etc., § 555. 810. Returns of village or town election.] §4. The returns of the judges and clerks of election of such village or incorporated towns, mentioned in the second section of this article, in case of all other elections therein, shall be made to the same officers, as required by this act, of returns of elections held in a city, and such returns shall be canvassed and the result declared by the same canvassing board. 811. Oaths—commissioners and judges may administer.] § 5. All oaths in writing, provided for in this act, must have a jurat, or certificate of the officer taking the same, attached and signed by him, and said election commissioners, and said judges of election, are hereby empowered to administer all oaths and affirmations, required in the administration of the affairs of their several offices. ART ACT to revise the law in relation to township organization. [Approved and in force March 4, 1874. Hurd’s Rev. Stat’s 1885, ch. 189, p. 1213.]MUNICIPAL CORPORATIONS. 225 ARTICLE VII. TOWN OFFICERS ELECTED BY BALLOT—MODE OF CONDUCTING ELECTIONS FOR TOWN OFFICERS. 813* Ballot boxes—polling places— canvass — town meeting.] § 7. The town shall supply a suitable ballot-box or boxes to be kept and used in like manner as ballot-boxes in other elections. In incorporated towns, or incorporated villages, whose limits are co-extensive with the limits of a town; or in any organized town where the number of voters at the last preceding general election exceeded three hundred, the county board may require one or more additional ballot-boxes and places for the reception of votes to be provided, which places shall be selected with reference to the convenience of the electors of the town, and shall designate at which of said polling places the town clerk shall act as clerk of the election ; and such polling place, when so designated, shall be the place for transacting the miscellaneous business of the town. And when several places are so provided, the electors present shall choose from their number one assistant moderator and one assistant clerk, for each additional ballot-box, to receive the votes therein, who shall take the same oath and be subject to the same penalties as the moderator and clerk, and shall be under the direction of the moderator. At. the closing of the polls all the said ballot-boxes shall be brought together at the polling place where the town clerk acts as clerk of the election, and the votes shall be canvassed at the same time and in the same manner, and return thereof made the same as if all the votes had been cast in the same ballot-box. When there shall be more than one polling place designated in such towns, the general meeting for the transaction of business shall be held at the time hereafter mentioned at the polling place where the town clerk acts as clerk of the town election; or, if there be no town clerk, then at such place as shall be designated by the county clerk. And it shall be the duty of the town clerk, or if there be no town clerk, it shall be the duty of the countv clerk to post up in three of the most public places in the town, a notice of each of the places in the town where the county board have directed and required the election to be held: Provided, however, that in towns which lie wholly within the limits of an incorporated city, and in any. town whose territorial limits are co-extensive with the territorial limits of any incorporated city, village or incorporated town, the common council of such city, or the board of trustees of such village or incorporated town, shall divide such towns into election precincts, and designate the voting places in each precinct; and any elector in such towns shall be entitled to vote for town officers only in the precinct in which he may reside. The common council of such city, or the board of trustees of such village or incor-226 STATUTES AFFECTING porated town, shall also appoint three judges of election for each of such precincts, who may be the same persons as are appointed as judges for an election for city or village officers held on the same day. Such judges of election may choose two clerks of election for each precinct, and such judges and clerks shall take the oath of office now prescribed by the general election law of the state. The ballots cast at such election for town officers shall be deposited in a separate ballot-box, and shall be counted and canvassed by the judges of election separately from any other ballots that may be cast at any other election that may be held on the same day . Said judges of election shall cause to be kept a separate poll list which shall contain the names of all persons voting at such election for town officers, togetherywith their residence. And immediately upon closing the polls they shall canvass, the votes polled in the manner provided by the general election law of the state, and make a written statement or certificate of the number of votes cast at such election for each person voted for, and the office for which such person received such votes; and shall within forty-eight hours thereafter, cause such certificate and the poll list, together with the ballots cast at such election, to be separately sealed up and transmitted to the clerk of the town. The supervisor, together with the assessor and collector shall, within five days thereafter, meet and canvass said returns and declare the result of said election. The town meetings to be held in such towns for the transaction of town business, as now provided by law, shall be held at two o’clock in the afternoon of said day at such voting place in such town as the common council of such city, or the board of trustees of such village or incorporated town, may designate ; at which meeting a moderator shall be chosen to preside by the electors present, and the town clerk shall act as clerk of said meeting, and keep a record of the proceedings thereof. [As amended by act approved June 27, 1885. In force July 1, 1885. EMINENT DOMAIN. SEE CONSTITUTION, AET. XI, § 14: § YdS. AN ACT to provide for the exercise of the right of eminent domain [Approved April 10, 1872. In force July 1, 1872. Hurd’s Rev. Stat’s 1885, ch. 47, p. 589.] 813. Compensation—jury.] §1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That private property shall not be taken or damaged for public use without just compensation; and that in all cases in which compensation is not made by the state in its corporate capacity, such compensation shall be ascertained b}’ a jury, as hereinafter ' prescribed. [See Const., Art. 2, § 13, Art. 11, § 14.MUNICIPAL CORPORATIONS. 227 814. Proceedings—parties.] §2. That in all cases where the right to take private property for public use, without the owner’s consent, or the right to construct or maintain any public road, railroad, plankroad, turnpike road, canal or other public work or improvement, or which may damage property not actually taken, has been heretofore or shall hereafter be conferred by general law or special charter upon any corporate or municipal authority, public body, officer or agent, person, commissioner or corporation, and the compensation to be paid for or in respect of the property sought to be appropriated or damaged for the purposes above mentioned can not be agreed upon by the parties interested, or in case the owner of the property is incapable of consenting, or his name or residence is unknown, or he is a non-resident of the state, it shall be lawful for the party authorized to take or damage the property so required, or to construct, operate and maintain any public road, railroad, plankroad, turnpike road, canal or other public work or improvement, to apply to the judge of the circuit or county court, either in vacation or term time, where the said property or any part thereof is situate, by filing with the clerk a petition, setting forth, by reference, his or their authority in the premises, the purpose for which said property is sought to be taken or damaged, a description of the property, the names of all persons interested therein as owners or otherwise, as appearing of record, if known, or if not known stating that fact, and praying such judge to cause the compensation to be paid to the owner to be assessed. If the proceedings seek to affect the property of persons under guardianship, the guardians, or conservators of persons having conservators, shall be made parties defendant, and if of married women their husbands shall also be made parties. Persons interested, whose names are unknown, may be made parties defendant by the description of the unknown owners; but in all such cases an affidavit shall be-filed by or on behalf of the petitioner, setting forth that the names of such persons are unknown. In cases where the property is sought to be taken or damaged by the state for the purpose of establishing, operating or maintaining any state house or state charitable or other state institutions or improvements, the petition shall be signed by the governor or such other person as he shall direct, or as shall be provided by law. 815. Petition in vacation.] § 3. If such petition be presented to a judge in vacation, the judge shall note thereon the day of presentation, and shall also note thereon the day when he will hear the same, and shall order the issuance of summons to each resident defendant, and the publication of notice as to each non-resident defendant, and the clerk of the court shall at once issue the summons and give the notices accordingly. 816. Service—notice.] § 4. Service of such summons and publication of such notice shall be made as in cases in chancery.223 STATUTES AFFECTING 817. Hearing.] § 5. Causes may be heard by such judges in vacation as well as in term time, but no cause shall be heard earlier than ten days after service upon defendant or upon due publication against non-residents. Several tracts.] Any number of separate parcels of property, situate in the same county, may be included in one petition and the compensation for each shall be assessed separately, by the same or different juries, as the court or judge may direct. Amendments.] Amendments to the petition, or to any paper or record in the cause, may be permitted whenever necessary to a fair trial and final determination of the questions involved. New parties—practice.] Should it become necessary at any stage of the proceedings to bring a new party before the court or judge, the court or judge shall have the power to make such rule or order in relation thereto as may be deemed reasonable and proper; and shall also have power to make all necessary rules and orders for notice to parties of the pendency of the proceeding, and to issue all process necessary to the execution of orders and judgments as may be entered. 818. Jury in vacation.] § 6. In cases fixed for hearing of petition in vacation, it shall be the duty of the clerk of the court in whose office the petition is filed, at the time of issuing summons or making publication, to write the names of each of sixty-four disinterested freeholders of the county on sixty-four slips of paper, and, in presence of two disinterested freeholders, cause to be selected from said sixty-four names twelve of said persons to serve as jurors—such selection to be made by lot and without choice or discrimination; and the said clerk shall thereupon issue venire, directed to the sheriff of his county, commanding him to summon the twelve persons so selected as jurors to appear at the court house in said county, at the time to-be named in the venire. 819. Impaneling jury.] § 7. The petitioner, and every party interested in the ascertaining of compensation, shall have the same right of challenge of jurors as in other civil cases in the circuit courts. If the panel be not full by reason of non-attendance, or be exhausted by challenges, the judge hearing such petition shall designate by name the necessary number of persons, of proper qualification, and the clerk or justice shall issue another venire, returnable instanter, and until the jury be full. 829. Oath of jury.] § 8. When the jury shall have been so selected, the court shall cause the following oath to be administered to said jury: You and each of you do solemnly swear that you will well and truly ascertain and report just compensation to the owner (and each owner) of the property which it is sought to take or damage in this case, and to each person therein interested, according to the facts in the case, as the same may be made to appear by the evidence, and that you will truly report such compensation so ascertained; so help you God. 821. View of premises—verdict.] § 9. Said jury shall, at the request of either party, go upon the land sought to be takenMUNICIPAL CORPORATIONS. 229 or damaged, in person, and examine the same, and after hearing the proof offered make their report in writing, and the same shall be subject to amendment by the jury, under the direction of the court or the judge, as the case may be, so as to clearly set forth and show the compensation ascertained to each person thereto entitled, and the said verdict shall thereupon be recorded: Pro- vided^ that no benefits or advantages which ma}T accrue to lands or property affected shall be set off against or deducted from such comoensation, in any case. 833. Judgment—payment.] § 10. The judge or court shall, upon such report, proceed to adjudge and make such order as to right and justice shall pertain, ordering that petitioner enter upon such property and the use of the same, upon payment of full compensation, as ascertained as aforesaid; and such order, with evidence of such payment, shall constitute complete justification of the taking of such property. 833. Cross -petition.] § 11. Any person not made a party may become such by filing his cross-petition, setting forth that he is the owner or has an interest in property, and which will be taken or damaged by the proposed work; and the rights of such last named petitioner shall thereupon be fully considered and determined. 834. Appeal.] § 12. In all cases, in either the circuit or county court, or before a circuit or county judge, an appeal shall lie to the supreme court. 835. Bond—use of premises.] § 13. In cases in which compensation shall be ascertained as aforesaid, if the party in whose favor the same is ascertained shall appeal such proceeding, the petitioner shall, notwithstanding, have the right to enter upon the use of the property upon entering into bond, with sufficient surety, payable to the party interested in such compensation, conditioned for the payment of such compensation as may be finally adjudged in the case, and in case of appeal by petitioner, petitioner shall enter into like bond with approved surety. Said bonds shall be approved by the judge before whom such proceeding shall be had, and executed and filed within such time as shall be fixed by said judge. 836. Payment to county treasurer, etc.] § 14. Payment of compensation adjudged may, in all cases, be made to the county treasurer, who shall, on demand, pay the same to the party thereto entitled, taking receipt therefor, or payment may be made to the party entitled, his, her or their conservator or guardian. 837. Judgment entered.] § 15. The court or judge shall cause the verdict of the jury and the judgment of the court to be entered upon the records of said court. 838. Repealing clause.] § 16.230 STATUTES AFFECTING EVIDENCE. AN ACT in regard to evidence and depositions in civil cases. [Approved March 29, 1872. In force July 1, 1872. Hurd’s Rev. Star’s 1885, ch. 51, pp. 602, 603.] 839* Records, etc., of cities, etc.—how 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 the keeper thereof, and the corporate seal, if there be any; if not under his hand and private seal. [See “Cities,” etc., § 5©3. 83®. Form of certificate.] § 16. The certificate of any such clerk of a court, city, village, town, county, or secretary, clerk, cashier, or other keeper of any such papers, entries, records or ordinances, shall contain a statement that such person is the keeper of the same, and if there is no seal shall so state. [R. S. 1845, p. 233, § 9; L. 1853, p. 184, § 1. FIRE ESCAPES. AN ACT relating to fire escapes for buildings. [Approved June 29, 1885. In force July 1, 1885. Hurd’s Rev. Stab’s 1885, ch. 55 a, p. 645.] 831. Fire escapes to re put on certain buildings within six months—kind of.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That within six (6) months next after the .passage of this act all buildings in this state which are four or more stories in height, excepting such as are used for private residences exclusively, but including flats and apartment buildings, shall be provided with one or more metallic ladder or stair fire escapes attached to the outer walls thereof and extending from, or suitably near the ground, to the uppermost story thereof, and provided with platforms of such form and dimensions, and in such proximity to one or more windows of each story above the first as to render access to such ladder or stairs from each such story, easy and safe; the number, location, material and construction of such escapes to be subject to the approval of the board of supervisors in counties under township organization, and the board of county commissioners in counties not under township organization, except in villages, towns and cities organized under any general or special law of this state, such approval shall be had by the corporate authorities of such villages, towns and cities: Provided, however, that all buildings more than tw7o stories in height, used for manufacturing purposes or for hotels, dormitories, schools, seminaries, hospitals or asylums, shall have at least one such fire escape for every fifty (50) persons for which, working, sleeping or living accommodations ,are provided above the second stories of said buildings; and thatMUNICIPAL CORPORATIONS. 231 all public halls, which provide seating room above the first or ground story shall be provided with such numbers of said ladder or stair fire escapes as the boards of supervisors or commissioners or corporate authorities aforesaid may direct, 8SS. On certain buildings hereafter erected.] § 2. All buildings of the numbers of stories and used for the purposes set forth in section one (1) of this act, which shall be hereafter erected within this state, shall upon or before their completion, each be provided with fire escapes of the kind and number, and in the manner set forth in said section one (1) of this act. § 3. Owner may be compelled to erect—-proceedings. § 4. Owner failing to erect on notice—penalty. § 5. Fines—how applied. GAMING-. AN ACT to prevent the playing of cards, dice, balls or other article or device used in gaming, by minors in saloons or places where intoxicating ■liquors are sold. [Approved and in force May 20, 1879. Surd’s Rev. Stat’s 1885, eh. 38, § £3 f.| 888. Plating cards, etc., in saloons, by minors.] § 1. Be it enacted by the People of the State of Illinois represented-in the General Assembly: That all saloons or places where intoxicating liquors are sold, in which minors are permitted to play with cards, dice, balls, or any other article or device used in gaming, are hereby declared to be disorderly houses. Every proprietor or keeper of such saloons or places where such gaming or playing shall take place, shall for the first oifense be subjected to a fine of not exceeding fifty dollars, and for any subsequent offense, to a fine not exceeding one hundred dollars, or to imprisonment not exceeding thirty days for the first oifense, and sixty days for any subsequent oifense. HORSE AND DUMMY RAILROADS. AN ACT in regard to horse and dummy railroads. [Approved March 19, 1874. In force July 1, 1874. Hurd’s Rev. States 1885, ch. 66, p. 682.] 884. Eminent domain.] § 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That any company which has been, or shall be incorporated under the general laws of this sfate, for the purpose of constructing, maintaining, or operating any horse or dummy railroad or tramway, may enter upon and appropriate any property necessary for the construction, maintenance and operation of its road, and all necessary siding, side tracks and appurtenances, and may, sub-232 STATUTES AFFECTING jeet to the provisions contained in this act, locate and construct its road upon or over any street, alley, road or highway, or across or over any waters in this state, in such manner as not to unnecessarily obstruct the public use of such street, alley, road or highway, or interrupt the navigation of such waters. 835. Compensation for property taken or damaged.] § 2. When it is necessary for the construction, maintenance or operation of such road, or the necessary sidings, side tracks of appurtenances, to take or damage private property, the same may be done,, and the compensation therefor may be ascertained and made in the manner which may be then provided by law for the exercise of the right of eminent domain. [See u Eminent Domain, ” §§ 813-827. 83®. Location of road—consent—notice—damages.] § 3. No such company shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village, nor upon or along any road or highway, or upon any public ground without any incorporated city, town or village, except upon the consent of the county board. Such consent may be granted for any period, not longer than twenty years, on the petition of the company, upon such terms and conditions, not inconsistent with the provisions of this act, as such corporate authorities or county board, as the case may be, shall deem for the best interests of the public: Provided, no such consent shall be granted, unless at least ten days’public notice of the time and place of presenting such petition shall have been first given by publication in some newspaper published in the city or county where such road is to be constructed, and except upon the condition that the company will pay all damages to owners of property abutting upon the street, alley, road, highway or public ground upon or over which such road is to be constructed, which they may sustain by reason of the location or construction of the road ; the same to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain. 837. Control OF STREETS RESERVED--------POLICE POWER.] § 4. Every grant to any such company of a right to use any street, alley, road, highway or public ground, shall be subject to the right of the proper authorities to control the use, improvement and repair of such street, alley, road, highway or public ground, to the same extent as if no such grant had been made, and to make all necessary police regulations concerning the management and operation of such railroad, whether such right is reserved in the grant or not.MUNICIPAL CORPORATIONS. 233 INSURANCE. AN ACT to incorporate and govern fire, marine and inland navigation insurance companies doing business in the state of Illinois. [Approved and in force March 11, 1879. Hurd’s Rev. Stat’s 1885, eh. 73, p. 715.] 888. Tax on net receipts.] § 30. Every agent of any insurance company, incorporated by the authority of any other state or government, shall return to the proper officer of the county, town or municipality in which the agency is established, in the month of May, annually, the amount of the net receipts of such agency for the preceding year, which shall be entered on the tax lists of the county, town and municipality, and subject to the same rate of taxation, for all purposes—state, county, town and municipal—that other personal property is subject to at the place where located; said tax to be in lieu of all town and municipal licenses; and all laws and parts of laws inconsistent herewith are hereby repealed: Provided, that the provisions of this section shall not be construed to prohibit cities having an organized fire department from levying a tax, or license fee, not exceeding two per cent, in accordance with the provisions of their respective charters, on the gross receipts of such agency, to be applied exclusively to the support of the fire department of such city. [As amended by act approved May 31, 1879. In force July 1, 1879. MARKETING PRODUCTS. AN ACT for the protection of farmers, fruit growers, vine growers and gardeners. [Approved January 13, 1872. In force July 1, 1872. Hurd’s Rev. Stat’s 1885, ch. 5, p. 128.] 889. Farmer, etc., may sell products without license.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every farmer, fruit and vine grower, and gardener, shall have an undisputed right to sell the produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper, without paying any state, county or city tax, or license, for doing so, any law, city or town ordinance to the contrary notwithstanding: Provided, that the corporate authorities of any such city, town or village may prohibit the obstruction of its streets, alleys and public places for any such purpose: And., provided further, that nothing in this act shall be so construed as to authorize the sale of spirituous, vinous or malt liquors, contrary to laws which now are or hereafter may be in force prohibiting the sale thereof.234: STATUTES AFFECTING OFFICERS. AN ACT to prevent fraudulent and corrupt practices in the making or accepting of official appointments and contracts by public officers. [Approved. April 9, 1872. In force July 1, 1872. Hurd’s Rev. Stat’s 1885, ch. 102, p. 843.] 840. Supervisor—county commissioner.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be and is hereby declared unlawful for any supervisor or county commissioner, during the term of office for which he is elected, to be appointed to, accept or hold any office, by appointment or election of the board of which he may be a member; and any and all appointments and elections by the board of supervisors or county commissioners, whereby any member or members of said board, or either of them, may be selected to fill any official position, shall be absolutely null and void. 841. Aldermen of cities—trustees of villages.] § 2. That it shall be and is hereby declared unlawful for any alder-man of any city, or member of the board of trustees of any village of this state, during the term of office for which he is elected, to accept or be appointed to or hold any office, by the appointment of the mayor or president of the board of trustees thereof ; and any and all such election or appointment shall be absolutely null and void. [See “Cities,” etc., § 378« 842. Not to be interested in contracts—not to act as attorney to procure—bribery.] § 3. It shall not be lawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of anv work in the making or letting of which such officer may be called upon to act or vote. And it shall not be lawful for any such officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which such officer may be called upon to vote. Nor shall any such officer take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or a means of influencing his vote or action in his official character ; and any and all contracts made and procured in violation hereof, shall be null and void. [See “ Criminal Code,” ch. 38, §§ 31, 208, 211, Rev. Stat’s. 848. Penalty.] § 4. Any alderman, member of a board of trustees, supervisor or county commissioner, or person now or hereafter holding any office, either by election or appointment under the constitution of this state, or any law now or hereafter in force in this state, who shall violate any of the provisions of the preceding sections, shall be deemed guilty of a misdemeanor, and on conviction thereof may be punished by confine-MUNICIPAL CORPORATIONS. 235 ment in the penitentiary for a term not less than one year nor more than five years or fined in a sum not less than $200 nor more than $1,000, or both, in the discretion of the court before which such conviction shali be had ; and in addition thereto, any office or official position held by any person or persons so convicted shall, by the fact of such conviction, become vacant, and shall be so declared as part of the judgment of court ; and the person or persons so convicted shall be disqualified from holding any office or position of trust and confidence in this state for the period of two years from and after the date of such conviction. PARKS. AN ACT to enable the corporate authorities of two or more towns, for park purposes, to issue bonds in renewal of bonds heretofore issued by them, and to provide for the payment of the same; to make, revise and collect a special assessment on contiguous property, for benefits by reason, of the location of parks and boulevards, and to make necessary changes in their location. [Approved June 16, 1871. In force July 1, 1871. Hurd’s Rev. Stat's 1885, ch. 105, p. 851.] 844. Park commissioners declared to be corporate authorities, etc.] § 1. Be it enacted by tlx e People of the State of Illinois, represented in the General Assembly: That persons who have been appointed or otherwise selected as commissioners or officers, under and in pursuance of any act or acts of the general assembly of this state, which has or have been submitted to the legal voters of one or more towns, and by them respectively adopted, for the purpose of locating, establishing, inclosing, improving or maintaining any public park, boulevard, drive-way, highway or other public work or improvement, are declared to be corporate authorities of such towns for the purposes named in such act or acts, whether such persons are authorized to discharge the duties imposed upon them as a corporation or otherwise. AN ACT in regard to the completion of public parks, and the management thereof. [Approved June 16, 1871. In force July 1, 1871. Hurd’s Rev. Stat’s 1885, ch. 105, p. 856.J 845. Title to lands.] § 14. The title to said lands purchased or condemned under the provisions of this act, shall vest in said commissioners in trust for the use of said towns, but if .at any time any city in which is vested the title to the lands already appropriated for such park, shall reimburse said town, principal and interest, for the cost of said lands, then the title shall be conveyed to and vest in said city. 846. Park police.] § 15. The commissioners of any such park may appoint and support a police force. 847. Proceedings to open drive-way to park.] § 20. If the commissioners of any such park shall wish to establish,236 STATUTES AFFECTING open and construct any drive-way from the park, they shall make application to the board of trustees of the town in which it is proposed to make the same, if there be a board of trustees, and to the supervisor and assessor in case there is no such board (the said board of trustees, and supervisor and assessor being hereby declared corporate authorities for the purpose of this section), tor leave to establish, open and construct such drive-way, describing the proposed location in detail, and if the board of trustees or supervisor and assessor, as the case may be, shall approve of the proposed improvement, authority in writing shall be given for the establishing, opening and construction of the same, in accordance with the ninth article of an act entitled “ An act to provide fcr the incorporation of cities and villages,” approved April 10,1872; and the commissioners shall, in behalf of such town, cause the proceedings to be commenced and prosecuted in accordance with the provisions of that article. When any such drive-way shall be established, it shall form a part of said park and be managed and governed as a part thereof. When any drive-way has been heretofore or shall be hereafter constructed and opened as aforesaid, it shall be lawful to extend the same in the manner aforesaid. If the commissioners of any such park shall think it proper to use any public street or road, or part thereof, for such drive-way, or part thereof, it shall be lawful to take and use such street orpartthere-of, in the discretion of the commissioners, provided the consent of the owners of a majority of the lineal front feet abutting on such street or road or part thereof, proposed to be used by the commissioners, be first obtained in writing, and also the consent of the city council in case the street is within a city, of the trustees in case it is within an incorporated village or town, or of the commissioner of highways in case the street or road is within a township, and the territory is not embraced within an incorporated city, village or town. When the commissioners shall determine to use any street or road or part thereof, and the consent of the authorities having control thereof shall be given as aforesaid, it shall form a part of said park and may be improved, managed and governed as a part thereof. [As amended by act approved May 28, 1881. In force July 1,1881. AH ACT in regard to the completion, improvement and management of public parks and boulevards, and to provide a more efficient remedy for the collection of delinquent assessments. [Approved May 2, 1878. In force July 1, 1873. Hurd’s Rev. Stat’s 1885, ch. 105, pp. 860-866.] 848. Corporate authorities may levy park tax.] § 1. That in any town which is now included within the limits of any city in this state, in which a board of park commissioners shall now exist, having authority by law to acquire land and the appurtenances in trust for the inhabitants of such town, and of a division or part of such city, and for such parties or persons, as mayMUNICIPAL CORPORATIONS. 237 succeed to the rights of such inhabitants, and for the public as a public promenade and pleasure grounds and ways, but not for any other use or purpose without the consent of a majority, by frontage, of the owners of the property fronting the same, and without the power to sell, alienate, mortgage or incumber the same, the corporate authorities of such town shall have the power to levy and collect annually a tax not exceeding two and one-half mills on the dollar of the taxable property in such town, according to the valuation of the same as made for the purpose of state and county taxation, to be used and expended by such park commissioners in governing, maintaining and improving such parks and boulevards, or pleasure ways, and paying other necessary and incidental expenses incurred m and about the management of such parks and boulevards. [As amended by act approved and in force May 31, 1879. 849. Commissioners to estimate—authorities to certify—CLERK TO EXTEND-----COLLECTOR TO COLLECT.] § 2. Such board of park commissioners shall, annually, on or before the first day of Augustin each year, transmit to the corporate authorities of such town an estimate, in writing, of the rate or percentage of tax necessary to raise money sufficient to pay the cost of governing, maintaining and improving such parks and boulevards and the other necessary and incidental expenses to be incurred in and about the management of such parks and boulevards during the next succeeding year; and the corporate authorities of such town, if they, or a majority of them decide to levy such tax, shall immediately certify to the county clerk of the county in which such town shall be located, the rate or percentage of tax by them levied for the purposes herein provided. $ * * * % ifc 850. Proceedings for park improvements.] § 3. In case such board of park commissioners shall desire to improve any boulevard or pleasure wav under their control, or any part thereof, or if such commissioners shall deem it necessary, for drainage purposes, to construct a sewer or sewers through any lands or streets not under their control, to connect with any natural or artificial outlet, they shall make plans and specifications for such contemplated improvement. In case such contemplated improvement is the construction of a sewer, they shall carefully designate the line thereof, and shall prepare estimates of the cost of such contemplated improvement, and transmit such plans, specifications and estimates to the corporate authorities of the town where such improvement will be situated. Such corporate authorities may, upon the receipt of such plans, specifications and estimates, at their next meeting, whether the same be a regular or special meeting, or at any succeeding meeting, or at a special meeting called for that purpose, determine by ordinance to be entered upon the records of such town, whether such improvements shall be made or not; if they shall determine to make the same, they238 STATUTES AFFECTING- shall also prescribe that the same shall be made by special assessment or special taxation of contiguous property: Provided, that the tax authorized by section one of this act shall not exceed the sum of $100,000, annually. If such ordinance shall provide that such improvement shall be wholly or in part made by special assessments, they shall direct the supervisor of such town to file a petition in the name of the town, in the county court of his county, for proceedings to assess the cost of such improvement; such petition shall recite the ordinance for the proposed improvement, and the plans, specifications and estimates of the cost thereof, and pray that the cost thereof may be assessed in the manner prescribed by law. The proceedings to levy and collect such assessment subsequent to the filing of such petition, shall, in all things, as near as may be, conform to the provisions of article nine (9) of an act of the general assembly of this state, entitled “An act to provide for the incorporation of'cities and villages,” approved April 10, 1872, and all of the provisions of said article 9, so far as applicable, shall be in force and apply to any assessment made under this act. The clerk of such town shall perform the duties and possess the powers which are conferred upon the clerks of cities and villages under said article 9: Provided, that no improvement or sewer shall be made or constructed under the provisions of this section, except upon the petition of the owners of a majority of the land fronting on the proposed improvement or sewer: Provided, further, that no sewer shall be constructed under this act through any streets belonging to any incorporated city, or to connect with any sewers within such city, unless the assent of the common council or board of public works of such city having control of the streets and sewers of such city shall be first obtained thereto. 851. Who ARE CORPORATE AUTHORITIES.] § 4. Be it further enacted, that the town supervisor, clerk and assessor of such town be and they are hereby designated and constituted the corporate authorities of such town, and they, or a majority of them, may levy the tax or any of the assessments herein authorized, in the manner and for the purposes herein provided, except in towns or villages which may have, or which shall hereafter become organized as a town or village, under any law of this state, in which case the board of trustees of such town, so organized as a village, may levy the tax, or any of the assessments herein authorized, in the manner and for the purposes herein authorized. 852. Separate estimates where sewer located in two towns.] § 5. In case any sewer or sewers, located as designated in the foregoing section, shall be located in part in two or more towns, such commissioners shall make estimate of the cost of the portion of such sewer or sewers lying within each town, separately, and shall transmit to the proper town the cost of such sewer or sewers lying and being in such town.MUNICIPAL CORPORATIONS. 239 853« Adjoining property owners may use sewer.] § 6. Such sewer or sewers shall be so constructed as to permit owners of property on the line of the same to connect private drains or sewers therewith, under such rules and regulations as the board of public works or other proper authority of the city or town may prescribe, and the same shall be constructed, as near as can be, in conformity to any general plan of sewerage in use in such town. 854. Proceedings to condemn right of way.] § 7. In case of the construction of any sewer or sewers under the provisions of this act, over or through any lands not under the control of such board of park commissioners, if the consent of the owner of the same cannot be obtained, the proceedings to acquire the right of way and for making just compensation therefor shall be in accordance with the provisions of said article nine (9), referred to in section three (3) in this act. The petition therein provided for shall be filed in the name of the town, and the proceedings shall, in all things, as near as may be, conform to the provisions of said article 9, and all of the provisions of said article, so far as applicable, shall apply to and be in force in proceedings under this act. 855. Proceedings to collect delinquent assessment.] § 8. 85®. Notice of assessment to purchasers.] § 9. 85^. Commissioners may negotiate extension of time ON CONTRACT.] § 10. 858. Commissioners to superintend improvements— money paid to whom.] § 11. All improvements made under the provisions of this act shall be done under the immediate superintendence and control of such board of park commissioners, upon contracts to be made with them; and all moneys collected under any proceedings authorized by this act shall be paid to such commissioners by the person or officer collecting the same, on the joint receipt of the treasurer and president of sudi board of park commissioners, or such other officers as they may designate, except in towns or villages organized as towns or villages, in which case the money shall be paid by the treasurer of such town or village to the contractor or person entitled to receive the same, on the order of such park commissioners. 859. Boulevard to connect different parks.] § 12. 860. AN ACT concerning the continuance of towns for park purposes. [Approved May 28, 1879. In force July 1, 1879. See Hurd’s Rev. Slat’s 1885, ch. 105, p. 866.] AIT ACT to enable park commissioners or corporate authorities to take, regulate, control and improve public streets leading to public parks; to pay for the improvement thereof, and in that behalf to make and collect a special assessment, or special tax on contiguous property. [Approved and in force April 9, 1879. Hurd’s Rev. Stat’s 1885, ch. 105, pp. 866, 867.]240 STATUTES AFFECTING 861. Drives to public parks.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every board of park commissioners shall have power to connect any public park, boulevard or drive-way under its control, with any part of any incorporated city, town or village, by selecting and taking any connecting street or streets or part thereof, leading to such park; and shall also have power to accept and add to any such park, any street or part thereof which adjoins and runs parallel with any boundary line of the same: Provided, that the streets so selected and taken, so far as taken, shall lie within the district or territory, the property of which shall be taxable for the maintenance of such parks. And, provided, further, that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in writing of the owners of a ma jority of the frontage of the lots and lands abutting on such street or streets so far as taken, shall be first obtained. [As amended by act approved June 27, 1885. In force July 1, 1885. 862. Taxes—special assessments, etc.] § 2. 863. Control by park commissioners.] § 3. Such park boards shall have the same power and control over the parts of streets taken under this act, as are or may be by law vested in them of and concerning the parks, boulevards or drive-ways under their control. 864. Reversion to corporate authorities—when.] § 4. In case any such streets or parts thereof, shall pass from the control of any such park board, the power and authority over the same, granted or authorized by this act shall revert to the proper corporate authorities of such city, town or village, respectively as aforesaid. 865. City, etc., may grant control to park commissioners.] § 5. Any city, town or village in this state, shall have full power and authority to invest any of such park boards with the right to control, improve and maintain any of the streets of such city, town or village, for the purpose of carrying out the provisions of this act. 866. Emergency clause.] § 6. 867. AN ACT to authorize park commissioners to fake by grant, devise, bequest or conveyance, property for park, drive-way and other purposes therewith connected. [Approved and in force May 31, 1879. See Hurd’s Rev. Stat’s 1885, ch. 105, p. 867.] AN ACT entitled “An act to enable park commissioners having control of parks to take, regulate, control and improve parks now under the control of incorporated cities, villages or towns.” [Approved and in force April 11, 1885. Hurd’s Rev. Stat’s 1885, p. 869.] 868. Power of park commissioners—parks now under control of cities, etc.] § 1. Be it enacted by the People of theMUNICIPAL CORPORATIONS. 211 State of Illinois, represented ' in the General Assembly: That every board of public park commissioners shall have the power to take under its control, and to regulate, control and govern, in the same manner as it may govern other parks or boulevards, under its control, any public park now under the control or jurisdiction of any incorporated city, town or village: Provided, that the park so taken shall lie within the district or territory, the property of which shall be taxable lor the maintenance of the parks or boulevards under the control of any such board of park commissioners. And, provided further, That the consent of the authorities of any city, town or village having control of the park so to be taken, and also the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on the park so to be taken, shall be first obtained. 869. Power of park commissioners op parks taken under this act.] § 2. Such boards of park commissioners shall have the same power and control over the parks taken under this act as are, or may be, by law, vested in them, of and concerning the parks, boulevards or drive-ways now under their control. 870. When such parks pass from control of park board.] § 3. In case any such parks so to be taken, shall pass from the control of any such park board, the power and authority over the same, granted or authorized by this act, shall revert to the proper authorities of such city, town or village, as the case may be, as aforesaid. 871. Power of city or tillage.] § 4. Any city, town or village in this state, shall have full power and authority to vest any such board of public park commissioners with the right to control, improve and maintain any such park within the district over which such board of park commissioners has jurisdiction for the purposes of carrying out the provisions of this act, in accordance with its intent. 872. Emergency clause.] § 5. PLATS. AH ACT to revise the law in relation to plats. [Approved March 21, 1874. In force July 1. 1874. Hurd’s Rev. Stat’s 1885, Ch. 109, p, 895.] 873. Laying out towns, etc.] § 1. 874. Certificate of surveyor—acknowledgment—record.] § 2. 875. Dedication—effect of.] § 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 16248 STATUTES AFFECTING to the public, or any person, religious society, corporation or body politic, and as a general warranty against the donor, his heirs and representatives, to such donee or grantee for 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. 87©. Neglect to plant corner stone, etc.] § 4. 877. Penai YTY FOR SELLING WITHOUT PLAT RECORDED, ETC.] VACATION OF PLATS. 878. Of the whole plat.] § 6. 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 proved, and recorded 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 of lots in such plat joining in the execution of such writing. 879. Of part of 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 or destroy any of the rights or privileges of other proprietors in such plat: And, provided, further, that nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. 880. Canceling plat of record.] § 8. * * * * 881. Plats of highways, etc., to remade and recorded ] § 9. Whenever any highway, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered, it shall be the duty of the commissioners, authorities, officers, persons or corporations, public or private, laving 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 es-tabiished'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 lo-MUNICIPAL CORPORATIONS. 243 mtion 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 effect any law specifically providing for the recording of any such plat, or to require the same to be recorded sooner than is so specifically 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 $25, and the like sum for every month he shall continue in such refusal or neglect 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 county and the other half to the use of the person complaining. VACATION OP STREETS, ALLEYS AND HIGHWAYS. AN ACT to revise the law in relation to the vacation of streets and alleys. [Aoproved March 24, 1874. In force July 1, 1874. Hurd’s Rev, States 1885, ch. 145, p. 1240.] 882. T HREE-FOURTHS VOTE REQUIRED—--DAMAGES.] § 1. JBe it enacted 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 damaged by the vacation or closing of any street or alley, the same shall be ascertained and paid as provided by law. [See “ Eminent Domain.” §§ 813-827. 883. Rights of adjoining owners.] § 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 or244 STATUTES AFFECTING .highway so vacated shall be divided according to the equities of the adjoining owners. PUBLIC BUILDINGS. AN ACT to regulate the means of egress from public buildings. [Ap-proved March 28. 1874. In force July 1, 1874. Hurd’s Rev. Stat’s 1885, ch. Ill, p. 912.] 884. Doors to open outward.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all public buildings now in process of construction or hereafter to be built, or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed that all doors leading from the main bailor place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that said doors shall open outward; and that all means of egress for the public from the main hall or principal room, and from the building, shall be by means of doors which shall open outwards from the main hall nor building. 885. Penalty.] § 2. That any person or persons who shall fail or refuse to comply with the provisions of this act shall be fined in any sum not less than $100 nor more than $1,000. 886. When PUBLIC BUILDINGS MAY BE CLOSED.] § 3. That in all cities and towns having a population of two thousand inhabitants, and upwards, the mayor, or other corporate authorities of said town or chy, shall be empowered and he is hereby authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this act. INCORPORATION OF RAILROAD COMPANIES. AN ACT to provide for the incorporation of associations that may be organized for the purpose of constructing railways, maintaining and operating the same; for prescribing and defining the duties and limiting the powers of such corporations when so organized. [Approved and in force March 1, 1872. Hurd’s Rev. Stat’s 1885, ch. 114, p. 928.] 88Y. Laying out, constructing and using roads—fix rates—borrow money.] § 19. Every corporation formed under this act shall, in addition to the powers hereinbefore conferred, have power: * * * ****** Fifth—To construct its railway across, along or upon anyMUNICIPAL CORPORATIONS. 245 stream of water, watercourse, street, highway, plank road, turnpike or canal which the route of such railway shall intersect or touch; but such corporation shall restore the stream, watercourse, street, highway, plank road and turnpike thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness, and keep such crossing in repair: Provided, that in no case shall any rail- road company construct a road-bed without first constructing the necessary culverts or sluices, as the natural lay of the land requires for the necessary drainage thereof. Nothing in this act contained shall be construed to authorize the erection of any bridge, or any other obstruction, across or over any stream navigated by steamboats, at the place where any bridge or other obstructions may be proposed to be placed, so as to prevent the navigation of such stream; nor to authorize the construction of any railroad upon or across any street in any city, or incorporated town or village, without the assent of the corporation of such city, town, or village: Provided, that in case of the constructing of said railway along highways, plank roads, turnpikes or canals, such railway shall either first obtain the consent of the lawful authorities having control or jurisdiction of the same, or condemn the same under the provisions of any eminent domain law now or hereafter in force in this state. [See §5©0, items 26, 27, 90. FENCING AND OPERATING RAILROADS.' AN ACT in relation to fencing and operating railroads. [Approved March 31,1874. in force July 1, 1874. Hurd’s Rev. Stat’s 1885, ch. 114, p. 941. J 888. Boards at crossings.] § 5. Every railroad corporation shall cause boards, well supported by posts or otherwise, to be placed and constantly maintained upon each public road or street, where the same is crossed by its railroad on the same level. Said boards shall be elevated so as not to obstruct the travel, and to be easily seen by travelers. On each side of said boards shall be painted in capital letters, of at least the size of nine inches each, the words “ railroad crossing,” or u look out for the cars.” This section shall not apply to streets in cities, or incorporated towns or villages, unless such railroad corporation shall be required to put up such boards by the corporate authorities of such cities, towns or villages: Provided, that when warning boards have already been erected, under existing laws, the maintenance of the same shall be a sufficient compliance with the requirements of this section. 889. Bell and whistle—crossings.] § 6. Every railroad corporation shall cause a bell of at least thirty pounds weight, and a steam whistle placed and kept on each locomotive218 STATUTES AFEEOTING engine, and shall cause the same to be rung or whistled by the engineer or fireman, at the distance of at least eighty rods from the place where the railroad crosses or intersects any public highway, and shall be kept ringing or whistling until such highway is reached. 89®. Killing stock—frightening team.] §61. Any engineer, or person having charge of and running any railroad engine or locomotive, who shall willfully or maliciously kill, wound or disfigure any horse, cow, mule, hog, sheep or other useful animal, shall, upon conviction, be fined in the sum of not less than the value of the property so killed, wounded or disfigured, or confined in the county jail for a period of not less than ten days; and any such engineer or fireman, or other person, who shall wantonly or unnecessarily blow the engine whistle, so as to frighten any team, shall be liable to a fine of not less than $10 nor more than $50. 891. Starting train without signal.] § 7. If any engineer on any railroad shall start his train at any station, or within any city, incorporated town or village, without ringing the bell or sounding the whistle a reasonable time before starting, he shall forfeit a sum not less than $10 nor more than $100, to be recovered in an action of debt in the name of the People of the State of Illinois, and such corporation shall also forfeit a like sum, to be recovered in the same manner. 892. Approaches at crossings.] §8. Hereafter, at all of the railroad crossings of highways and streets in this state, the several railroad corporations in this state shall construct and maintain said crossings, and the approaches thereto, within their respective rights of way, so that at all times they shall be safe as to persons and property. 89«$» Neglect to make, etc., crossings—notice.] § 9. Whenever any railroad corporation shall neglect to construct and maintain any of its crossings and approaches, as provided in section 8 of this act, it shall be the duty of the proper public authorities, having the charge of such highways or streets, to notify, in writing, the nearest agent of said railroad corporation of the condition of said crossing or approaches, and uireci the same to be constructed, altered or repaired in such manner as they shall deem necessary for the safety of persons and property. 894. When company neglects, authorizes to construct, etc.] § 10. If any railroad corporation of this state shall, after having been notified, as provided in section 9 of this act, neglect or refuse to construct, alter or repair such crossing or approaches within thirty days after such notice, then said public authorities shall forthwith cause such construction, alteration or repairs to be made. 895. Company to pay expense and $100.] § 11. Said railroad corporation shall be holden for all necessary expenses incurred in making such construction,alteration and repairs, and inMUNICIPAL CORPORATIONS. 247 addition thereto shall be liable to a fine of $100 for such neglect to comply with the requirements of this act,which-fine shall be enforced bj the said public authorities, in the name of the People of the State of Illinois, before any court of competent jurisdiction in the county. Such fine, when collected, to be paid into the treasury of the authorities enforcing the fine. 896. Not to obstruct highway.] § 14. No railroad corporation shall obstruct any public highway by stopping any train upon, or by leaving any car or locomotive engine standing on its track, where the same intersects or crosses such public highways, except for the purpose of receiving or discharging passengers, or to receive the necessary fuel and water, and in no case to exceed ten minutes for each train, car or locomotive engine. Stoning, etc., train.] Any person who shall throw any stone or other hard substance at any railroad car, train or locomotive, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not more than $200, and shall stand committed to the county jail until such fine and costs shall be paid. 897. Penalty.] § 15. Every engineer or conductor violating the provisions of the preceding section shall, for each’ offense, forfeit the sum of not less than $10 nor more than $100, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of any person who may sue for the same, and the corporation on whose road the offense is committed shall be liable for the like sum. 898. Minors to kekp off cars.] § 17. No person or minor shall climb, jump, step, stand upon, cling to or in any way attach himself to any locomotive engine or car, either stationary or in motion, upon any part of the track of any railroad, unless in so doing he shall be acting in compliance with law, or by permission, under the lawful rules and regulations of the corporation then owning or managing such railroad. 899. Speed through cities, etc.-—damages.] § 24. Whenever any railroad corporation shall by itself or agents, rim any train, locomotive engine, or car, at a greater rate of speed in or through the incorporated limits of any city, town or village, than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the person aggrieved for all damages done the person or property by such train, locomotive engine or car; and the same shall be presumed to have been done by the negligence of said corporation or their agents; and in addition to such penalties as may be provided by such city, town or village, the person aggrieved by* the violation of any of the provisions of this section, shall have an action against such corporation, so violating any of the. provisions to recover a penalty of not less than one hundred dollars ($100), nor more than two hundred dollars ($200), to be recovered in any court of competent jurisdiction; said action to be an action of debt, in the name of the People of248 STATUTES AFFECTING the State of Illinois, for the use of the person Aggrieved; but the court or jury trying the case may reduce said penalty to any sum, not less, however, than fifty dollars ($50), where the offense committed by such violation may appear not to be malicious or willful: Provided, that no such ordinance shall limit the rate of speed, in case of passenger trains, to less than ten miles per hour, nor in any other case to less than six miles per hour. [As amended by act approved May 22, 1877. In force July 1, 1877. 900» Flagmen—shelter.] § 35. In all cases where the public authorities having charge of any street over which there shall be a railroad crossing, shall notify any agent of the corporation owning, using or operating such railroad, that a fiagman is necessary at such crossing, it shall be the duty of such railroad company within sixty days thereafter, to place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen; and such flagman is hereby empowered to stop any and all persons from crossing a railroad track when, in his opinion, there is danger from approaching trains or locomotive engines; and any railroad company refusing or neglecting to place flagmen, as required by this section, shail be liable to a fine of $100 per day for every day they shall neglect or refuse to do so; and it is hereby made the duty of such public authorities having charge of such street, to enforce the payment of such fine, by suit, in the name of the town or municipal corporation wherein such crossing shall be situate, before any couit of competent jurisdiction in the county, and the prosecuting attorney shall attend to the prosecution of all suits as directed by said public authorities. All the moneys collected under the provisions of this act shall be paid into the treasury of the town or municipal corporation in whose name such suits shall have been brought: Provided, that when any railroad company is required to keep a flagman at a crossing, it shall have the right to erect and maintain in the highway or street crossed a suitable house for the shelter of such flagman, the same to be so located as to create the lea^t obstruction to the use of such street or highway, and afford the best view of the railroad track in each direction from such crossing. REVENUE. AN ACT for the assessment of property ancl for the levy and collection of taxes. [Approved March 80, 1872. In force July 1, 1872. Hurd's Rev. Stat’s 1885, ch. 120, p. 988.J REVIEW OF ASSESSMENT BY TOWN BOARD, IN COUNTIES UNDER TOWNSHIP ORGANIZATION. 901. Review of assessment—time—proceedings.] § 86. In counties under township organization, the assessor, clerk and supervisor of the town shall meet on the fourth Monday of June,MUNICIPAL CORPORATIONS. 249 for the purpose of reviewing the assessment of property in such town. And on the application of any person considering himseif aggrieved, or who shall complain that the property of another is assessed too low, they shall review the assessment and correct the same, as shall appear to them just. No complaint that another is assessed too low, shall be acted upon until the person so assessed, or his agent, shall be notified in writing of such complaint, if a resident of the county. Any two of said officers meeting are authorized to act, and they may adjourn from day to day, till they shall have finished the hearing of all cases presented on said day. Property assessed after the fourth Monday of June shall be subject to complaint to the county board, subject to the rules specified in this section. [As amended by act approved June 2, 1881. In force July 1, 1881.] 903. Notice oe meeting.] §87. The assessor shall cause at least ten days’ previous notice of the time and place of such meeting to be given, by posting notices in at least three public places in such town. 993« Failure not to vitiate, except, etc.] § 88. The failure to give such notice or hold said meeting, shall not vitiate such assessment, except as to the excess of valuation or tax thereon shown to be unjustly made or levied. TOWNS, CITIES, ETC. 904. Certificate of rates.] § 122. The proper authorities of towns, townships, districts, and incorporated cities, towns and villages, collecting taxes under the provisions of this act; shall annually, on or before the second Tuesday in August, certify to the county clerk the several amounts which they severally require to be raised by taxation, anything in their respective charters, or in acts heretofore passed by the general assembly of this state, to the contrary notwithstanding. [As amended by act approved May 3, 1873. See § @09. AN ACT in relation to the collection of taxes and special assessments. [Approved and in force May 2, 1873. Hurd’s Rev Stat’s 1885, ch. 120, p. 1042.] 905. City, etc., may buy in at sale.] § 3. Any incorporated city, town or village, or corporate authorities, commissioners, or persons interested in any such special assessment or installment thereof, may become purchaser at any sale, and may designate and appoint some officer or person to attend and bid at such sale on its behalf. USE OE STREETS, ETC., BY ELEVATED RAILROADS. AN ACT in regard to the use of streets and alleys in incorporated cities and villages by elevated railroads and elevated ways and conveyors. [Approved June 18, 1883. In force July 1, 1883. Hurd’s Rev. Stat’s 1885, ch. 32, p. 310.]250 STATUTES AFFECTING MUNICIPAL CORPORATIONS. 90S. Petition of land owners.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person or persons, corporation or corporations, shall construct or maintain any elevated railroad or any elevated way or conveyor to be operated by steam power, or animal power or any other motive power, along any street or alley in any incorporated city or village, except by the permission of the city council or board of trustees of such city or village, granted upon a petition of the owners of the lands representing more than one-half of the frontage of the street or alley, or of so much thereof as is sought to be used for such elevated railroad or elevated way or conveyor; and the city council, or board of trustees, shall have no power to grant permission to use any street or alley, or part thereof, for any of the purposes aforesaid, except upon such petition of land owners as is herein provided for.» 907. When STREET MORE THAN ONE MILE.] § 2. When the street or alley, or part thereof, sought to be used for any of the purposes aforesaid, shall be more than one mile in extent, no petition of land owners shall be valid for the purposes of this act, unless the same shall be signed by the owners of the land representing more than one-half of the frontage of each mile and fractional part of a mile, of such street or alley or of the part thereof sought to be used for any of the purposes aforesaid. 908. Repealing clause.] § 3. TELEGRAPH COMPANIES. AN ACT to revise the law in relation to telegraph companies. [Approved March 24, 1874. In force July 1, 1874. Hurd’s Rev. Stat’s 1885, ch. 134, p. 1203.J 909. Consent necessary to erect poles, etc., on roads, STREETS, ETC.-RECORD----ALTERATION.] § 4. No Such Company shall have the right to erect any poles, posts, piers, abutments, wires or other fixtures of their lines along or upon any road, highway, or public ground, outside the corporate limits of a city, town or village, without the consent of the county board of the county in which such road, highway, or public ground is situated, nor upon any street, alley, or other highway or public ground, within any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein required must be in writing, and shall be recorded in the recorder’s office of the county. And such county board, or the city council, or board of trustees of such city, town or village, as the case may be, shall have power to direct any alteration in the location or erection of any such poles, posts, piers or abutments, and also in the height of the wires, having first given the company or its agent opportunity to be heard in regard to such alteration.CHARTERS 0 F Railroads and Other Corporations. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, AN ACT to incorporate the Rock Island and LaSalle Railroad Company. [Pr. Laws 1847 (27th Feb.), 139.] * § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That all such persons as shall become stockholders, agreeably to the provisions of this act, in the corporation hereby created, shall be, and are hereby constituted and declared a body corporate and politic, by the name of “ The Rock Island and LaSalle Railroad Company,” and by that name shall have succession for the term of fifty years from and after the passage of this act, and may by said name sue and be sued, complain and defend, in any court of law or equity, may have and use a common seal, and alter or renew the same at pleasure, may make by-laws, rules and regulations for the management of its property, the regulation of its affairs, and for the transfer of its stock, not inconsistent with the laws and constitution of this state, or of the United States; and may, moreover, appoint such subordinate agents, officers and servants, as the business of the said corporation may require, and allow them a suitable compensation, prescribe their duties, and require bond for the faithful performance thereof, in such penal sums, and with such sureties as they may choose, who shall hold their offices during the pleasure of a majority of the directors of the said corporation. * Amendment, Laws 1852 (22d June), 146, to build to Peru. Amendment, Pr. Laws 1854 (27th Feb.), 88, to construct branch from Sheffield, by way of Prophetstown, to Savannah. Amendment, Pr. Laws 1855 (14th Feb.), 324, to increase capital stock “ to the entire cost of the construction and equipment of its railroad.” (251)CHARTERS OF RAILROADS sr»2 § 2. The said corporation shall have the right to survey, locate and construct, and during its continuance, to maintain and continue a railroad with single or double track, and with such appendages as may be deemed necessary for the convenient use of the same, from the town of Rock Island on the Mississippi river, in the county of Rock Island, to the Illinois river, at the termination of the Illinois and Michigan canal, and to locate and construct the same, on such line, course or way, as may be designated and selected by the directors of said corporation, whereon to construct and make the same; and may also prescribe the manner in which said railroad shall be used, by what force the carriages to be used thereon may be propelled, to regulate the time and manner in which goods, effects and passengers, may be transported and carried on the same, and the rates of toll on the transportation of persons or property thereon:' and it shall also be lawful for the said corporation to unite with any other railroad company already incorporated, or which may be incorporated, upon such terms, and at such points and parts of the said railroads, as may be agreed upon by the directors of said companies; and also to construct such other and lateral routes as may be necessary to connect them with any other route or routes which may be deemed expedient, under the same privileges and restrictions as are herein contained. § 3. The capital stock of the said corporation shall be three hundred thousand dollars, which shall be deemed personal property, and shall be divided into shares of one hundred dollars each. The said capital stock may at any time hereafter be increased to a sum not exceeding one million of dollars, if the same shall be judged necessary, to be subscribed for and taken under the direction of the directors of said corporation, whenever they shall cause one or more books to be opened for that purpose, and in such manner as ma}7- be prescribed by the by-laws of the said corporation. § .4. The following named persons, to-wit: Joseph Knox, F. R. Brunot, N. B. Buford, William Vandever and Nathaniel Belcher, of Rock Island county, Joshua Harper and James G. Bolin er, of Henry county, Cyrus Bryant, Justus Stevens and R. T. Templeton, of Bureau county, John V. A. Hoes and William H. W. Cushman, of LaSalle county, shall be commissioners for receiving subscriptions to the capital stock of said corporation, who shall, within twelve months after the passage of this act, cause books to be opened at such places as they may deem proper, for receiving subscriptions to the said capital stock. Notice of the times and places, when and where the said books will be opened, to be given by publication for at least thirty days previous to opening the same, in some public newspaper, printed and published in each of such places. On opening said books, the commissioners shall attend by themselves or agents, and continue to receive subscriptions to the capital stock of said corporation fromAND OTHER CORPORATIONS. 253 all persons who will subscribe thereto, until the whole amount thereof shall have been subscribed, when the said books shall be closed. Each subscriber shall at the time of subscribing pay to the commissioners the sum of five dollars on each share of the stock subscribed for by him; and the said commissioners shall, as soon as the directors of said corporation are elected, deliver to them the whole amount so received, and also all subscription books and papers belonging to said company. A majority of the commissioners above named may fill any vacancies that may occur in their number by death, resignation or otherwise. § 5. The affairs of said corporation shall be managed by a board of nine directors, to be chosen annually by the stockholders, from among themselves; the first election for directors shall be holden as soon as may be after the stock has been subscribed. The commissioners shall give notice of the time and place at which a meeting of the stockholders will be held, for the choice of directors, and at the time and place appointed for that purpose, the commissioners, or a majority of them, shall attend and act as inspectors of said election. . The stockholders who shall be present either in person or by lawful proxy, shall proceed by ballot to elect their directors, and the commissioners present shall certify the result of such election under their hands, which certificate shall be recorded in the books of the corporation, and shall be sufficient evidence of the election of the directors therein named. All future elections shall be held at the times and in the manner prescribed by the by-laws and regulations of said corporation. Each stockholder shall be entitled to vote in person, or by proxy duly authorized, one vote for every share he may own at the commencement of each election, and a plurality of votes shall determine the choice, but no stockholder shall be allowed to vote at any election after the first, for any stock which shall have been assigned to him within thirty days previous to the day of holding such election. § 6. It shall be lawful for the directors to require payment of the subscriptions to the capital stock at such times and in such proportions, and on such conditions, as they shall deem proper, under the penalty of the forfeiture of the stock and all previous payments thereon, and they shall give notice of the payments thus required, and of the place where, and the time when the same are required to be paid, at least, thirty days previous to the time of requiring said payments, by publication in at least three public newspapers printed in the state. § 7. The said corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the objects for which this incorporation is granted, and may, by their agents, engineers and surveyors, enter upon and take possession of, and use all such lands and real estate as ’may be necessary and indispensable for the construction and maintenance of said railroad, and the appendages25é CHARTERS OF RAILROADS and accommodations requisite and appertaining thereto, and may also receive, take and hold, all such voluntary grants and donations of land and real estate as shall be made to the said corporation for the purposes aforesaid. But whenever any lands, real estate or materials, shall be taken and appropriated by said corporation for the location or construction of said railroad or its appendages, or any work appertaining thereto, and the same shall not be given or granted to said corporation, or the proprietor or proprietors do not agree with said corporation as to the amount of damage or compensation which ought to be allowed and paid therefor, or shall not mutually agree on some person or persons to appraise the same, the damages shall be estimated and assessed in manner following: The said corporation or the owner or owners of said lands may, on giving notice of their intended application and the time and place of making the same, apply by petition to the judge of the circuit court of the county in which said lands may lie, or in the absence of the said judge from the said county, then to the senior county commissioner of said county, particularly describing in said petition the lands to be appraised, and upon proof that reasonable notice has been given, as directed, the said judge, or in case of his absence as aforesaid, the said senior county commissioner, shall, on hearing the said petition, appoint three disinterested persons, freeholders and residents of the county in which said lands may be situate, as commissioners, for the purpose of assessing such damages, and the order in which they are appointed shall specify the lands proposed to be appropriated and occupied by said corporation for the purposes aforesaid. The said appraisers, after being duly sworn before some officer legally authorized to administer oaths, honestly and impartially to assess such damages, shall proceed by viewing said lands, and by such other evidence as the parties may produce before them, to ascertain and assess the damages which each owner will sustain, by the appropriation of his land for the purposes aforesaid, over and above the benefit and advantage which said commissioners shall adjudge will accrue to such owner or owners by the construction of said railroad. The said appraisers shall make a report in writing to the said judge of the circuit court, reciting the order of their appointment and specifying the several parcels of land described therein, the names of the owner or owners of the respective parcels, if known, and if not known, stating that fact and specifying also the damages which the owner of the respective parcels will sustain bv reason of the appropriation of the same for the purposes aforesaid, which said report shall be filed in the office of the clerk of the circuit court of the county in which said lands may lie. In case either of the parties is dissatisfied with said assessment, the said judge may, at the next term of the circuit court in said county, on hearing the parties in interest, or if both shall not appear, on proof of notice being given to the opposite party, modify the said assessment as to him shall appearAND OTHER CORPORATIONS. 255 just. At the said term of the circuit court, holden next after the filing of said report as aforesaid, a record shall be made of the said report, with the order of the said court thereon, accepting or modifying the same. On the payment of the damages, if any, thus assessed, and the expenses of assessment, the said corpora-? tion shall immediately become seized and possessed of the said lands and property, and entitled to the use of the same for the purposes aforesaid. § 8. When the lands or other property or estate of any married woman, infant or person non compos mentis, shall be necessary for the construction of the said railroad or its appendages, the husband of such married woman, or the guardian of such infant or person non compos mentis, may release all damages in relation to the land, property or estate to be taken and appropriated as aforesaid, as fully as they might do if the same were holden in their own rights respectively, or the husband or guardian of any such person whose property shall be taken as aforesaid, may appear and act for and in their behalf, in obtaining an assessment of the damages to the same under this act, and in case any such infant or person non compos mentis, whose property maybe taken as aforesaid, shall be without guardian, the judge of the circuit court or the commissioners shall have power to appoint a guardian ad litem, to act in behalf of such person. § 9. Whenever it shall be necessary under this act of incorporation, for the construction of a single or double track railroad, as herein authorized, to intersect or cross any stream of water or any public road or highway, it shall be lawful for the said corporation to construct across or upon the same: Provided, the said corporation shall restore such stream or water course, or public road or highway, thus intersected, to its former state or in a sufficient manner not to materially impair its usefulness. § 10. If any person shall willfully or negligently do, or cause to be done, any act or acts whatever, whereby the said road or any building, construction or work of said corporation, or any engine, machine or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, weakened or impaired, injured or destroyed, the person or persons so offending shall forfeit and pay, to said corporation, treble the amount of da mages sustained by reason of such offense, to be recovered, with costs of suit, in the name of said corporation, by action of debt; and such offender or offenders shall also be deemed guilty of a misdemeanor, and be subject to indictment and punishment as in other cases. § 11. For the purpose of facilitating the construction of the railroad authorized by this act, the said corporation is and shall be permitted to negotiate a loan or loans of money, to the amount of its capital stock, and to pledge all of its property, real and personal, and all of its rights, credits and franchises, for the payment thereof. § 12. It shall be the duty of the corporation hereby created,256 CHARTERS OF RAILROADS when the railroad contemplated by this act shall have been completed, to keep and maintain the same in good condition and repair; and whenever, from any cause whatsoever, the same shall become injured or out of repair, the said corporation shall immediately proceed to repair the same. § 13. This act shall be deemed and considered a public act, and shall be favorably and justly construed for all purposes therein expressed and declared, in all courts and places whatever. AN ACT to amend an act to incorporate the Rock Island and LaSalle Railroad Company. [Pr. Laws 1851, (7th Feb.), 47.] § 1. Be it enacted by the People of the /State of Illinoisr represented in the General Assembly: That the Rock Island and LaSalle Railroad Company be, and they are hereby authorized to continue their projected railroad from its present termination, by the way of Ottawa and Joliet, to the city of Chicago, under the same powers and privileges, and subject to the same restrictions, that are conferred on said company for the construction of their railroad from the city of Rock Island to its present termination. § 2. The name of said company is hereby changed to the Chicago and Rock Island Railroad Company; that the capital stock may be increased to any sum of money they may deem necessary to construct their entire road, not exceeding three millions of dollars, and the number of their directors to thirteen. § 3. Until the next election of directors for said company, the following persons, to-wit: Elisha S. Wadsworth, William Reddick, Nelson D. Elwood, George Barnett, George Steele, Uri Osgood, Henry G. Loomis and John Y. A. Hoes, are hereby appointed additional directors, and shall have equal rights with the present directors of said company, and no sale or transfer of the rights under this act, or the act to which this is an amendment, shall be made, and no leasing or letting of the entire work upon the road herein provided shall be made without the assent of a majority of the directors herein specially named; that the board of directors hereby created shall constitute the directors of said company until an additional subscription of three hundred thousand dollars shall have been made as prescribed in the act to which this is an amendment. After said additional subscription the stockholders shall meet, as provided in said act, and elect a board of thirteen directors. § 4. If the said company shall fail to commence the construction of said railroad within one year from the passage of this act, and prosecute the same with vigor to completion, the directors herein especially named shall constitute aboard of commissioners, and shall receive subscriptions and organize according to the provisions of the act to which this is an amendment, and when soAND OTHER CORPORATIONS. 257 organized the stockholders under said last named subscription shall constitute the corporation authorized and provided for in this act and the act to which this is an amendment, and snail have all the powers and privileges, and be subject to all the restrictions and conditions in the said act contained; and the present officers of the corporation shall transfer to the new board of directors all the books, papers, property and assets which may be owned by said corporation, and the same shall be vested in the new corporation; and the present stockholders shall constitute stockholders in the new corporation, upon equal terms with the new corporators, and the rights and interests of such as are then stockholders shall be settled by the new board of directors, upon fair, just and equitable terms. § 5. The rights and powers and privileges hereby granted to said corporation are made subject to the following conditions, in order to protect the Illinois and Michigan canal: 1st. Said corporation shall pay the board of trustees of the Illinois and Michigan canal, upon all freights transported upon said railroad, the same rates of toll that now are or hereafter shall be fixed upon like articles of freight carried through the canal. The moneys arising from said tolls shall be applied by said board of trustees in the same manner as the present revenues of xhe canal are required by law to be applied. Said tolls to be paid by said railroad company are subject to the following limitations and restrictions: 1. All live stock transported on said railroad are to be free from tolls of any kind. 2. No tolls are to be paid by said railroad company on any property transported by them, except during the season of canal navigation. 3. No tolls are to be paid by said railroad company during the suspension of navigation upon the canal, by casuality or otherwise. 4. No freight received from or destined to a point upon said road further than a line twenty miles west of the southern termination of the canal shall be subjected to any tolls. § 6. All freights carried on railroads which may hereafter be built, running from Chicago, and which may terminate in the Illinois and Michigan canal, or at any point on the Illinois river, not exceeding twenty miles south from the said termination of the Illinois and Michigan canal, shall be subjected to the same rate of tolls as the freight carried on this road, and whenever the legislature shall grant the right to any other railroad to carry freight without such tolls, then these conditions in relation to tolls shall cease. § 7. As soon as the state shall provide for the payment of the entire interest of the canal indebtedness registered under the act for the completion of the Illinois and Michigan canal, then the toils herein mentioned shall cease. 1725S CHARTERS OF RAILROADS § 8. The said board of trustees, for the consideration aforesaid,, shall, free of cost, grant-to said company the right of wav through all lands owned by them, and held in trust for the canal fund, in such manner as not to injure the navigation of the canal, and the consent of this state is hereby given to such application of so much of said land as shall be necessary for the purposes aforesaid. § 9. If said board of trustees shall refuse to assent to the provisions herein made for the right of way, by the first Monday in June after the passage of this act, the said company shall have the right to build said road, and all restrictions in relation to tolls are and shall be removed. § 10. It shall be the duty of said railroad company to keep correct freight books, showing specifically and particularly the nature, kind and quantity of each and every description of freights carried and transported upon said road, and the place from and to which the same may be received and carried, and at the ex-.piration of each month report to the said board of trustees a true and accurate account of all the various kinds of such freight carried, its place of receipt and destination, and to pay over the amount that may become due on account of the tolls herein provided for. The truth of said accounts shall be verified by the affidavit of the secretary, treasurer or other proper officer of the company. § 11. The said board of trustees or their agent specially authorized, shall have full power and authority to examine all the books, accounts and vouchers of said corporation in relation to freights, for the purpose of ascertaining the truth of said accounts. And if said accounts so rendered shall be found false, the said corporation shall forfeit and pay to said board of trustees three times the amount withheld and not accounted for, and full power is hereby invested in any of the judges of the circuit courts of this state, in term time or vacation, upon application of said board of trustees or their agent, to appoint a proper person to make the examination aforesaid; and the person so appointed shall have the same powers to carry out the objects of his appointment as masters in chancery have in chancery cases; and upon the report of the person so appointed the said judge shall have power to make such order in the premises as he shall deem proper to carry out the provisions of this section; and power is hereby reserved to the legislature to make such rules as they may deem necessary' to enforce the provisions of this section. § 12. The amount of all tolls so collected of said railroad company shall be subject to a deduction of an amount equal to the taxation provided for in the fourteenth section of this act, thereby making the amount paid by said railroad company to the canal fund equal to the whole amount of tolls collected of said company. § 13. The said company shall not be authorized to locate itsAND OTHER CORPORATIONS. 259 track within the city of Chicago without the consent of the common council; nor shall it be permitted to do what is understood to be a warehouse or storage or commission business, in the city of Chicago, or charge or collect storage or commission on any property freighted on said road by such company, and in case of property arriving on any of its trains or otherwise, shall not be called for and removed from said cars or depot within thirty-six hours after its arrival and notice to the owner or consignee, it shall be iawTful for said company to deliver the same to some responsible warehouse keeper, and collect from the same the freight and charges due; which amount shall become a lien, with customary warehouse charges, upon said property. § 14. The property and stock of said railroad company shall be listed by the president, secretary or other proper officer, with the auditor of state, and shall be subject to the same rate of taxation as the property of individuals, and the revenue arising therefrom shall be paid out of the tolls hereinbefore provided for, into the canal fund, on or before the first Monday of December in each and every year, and shall be applied to the discharge of the canal debt, as hereinbefore provided in relation to tods, and a lien upon said road and the appurtenances for all taxes and dues to the state or canal fund, is hereby reserved, and shall have precedence of all taxes, dues, demands, judgments and decrees against said corporation. The said railroad company are hereby prohibited from building a branch or branches from their road to any point east of it, for the purpose of connecting with railroads that now are or may be built in the state of Indiana, between the termination of the Illinois and Michigan canal, at the Illinois river and the city of Chicago. § 15. This act shall take effect and be in force from and after its passage. ILLINOIS CENTRAL RAILROAD COMPANY. AN ACT to incorporate the Illinois Central Railroad Company.* [Pr. Laws 1851 (10th Feb.), 61.] Whereas, in the judgment of this general assembly, the object of incorporating the Central Railroad Company can not be attained under general laws; therefore, § 1. JBe it enacted by the People of the State of Illinois, rep- *The Illinois Central Railroad Company was first chartered by act Jan. 16, 1839, (Laws 1839) by that name. Repealed by act app. Feb. 17, 1851, (Laws 1851, < p. 192)j which act accepted and made obligatory upon the state of Illinois, an act of Congress passed Sept. 20, 1850, 9 U. S. Stat. at Large, p. 466, entitled “An Act granting the right of way, and making a grant of land to the states of Illinois, Mississippi and Alabama, in aid of the construction of a railroad from Chicago to Mobile.” Two acts affected the original charter, as follows: Termination of road in Galena, Laws 1839 (4th Mar.), 99. Survey of Route, lb. (2d March) 242.260' CHARTERS OF RAILROADS resented in the General Assembly: That Robert Schuyler, George Griswold, Gouverneur Morris, Franklin Haven, David A. Neal, Robert Rantoul, junior, Jonathan Sturgis, George W. Ludlow, John F. A. Sanford, Henry Grinnell, William H. Aspinwall, Leroy Wiley and Joseph W. Alsop, and all such persons as shall hereafter become stockholders in the company hereby incorporated, shall be a body politic and corporate, by the name and style of the “Illinois Central Railroad Company,” and under that name and style shall be capable of suing and being sued, impleading and being impleaded, defending and being defended against, in law and equity, in all courts and places whatsoever, in like manner and as iully as natural persons; may make and use a common seal, and alter or renew the same at pleasure; and by their said corporate name and style, shall be capable, in law, of contracting and being contracted with, shall be and are hereby invested with all the powers, privileges, immunities and franchises, and of acquiring, by purchase or otherwise, and of holding and conveying, real and personal estate which may be needful to carry into effect fully the purposes and objects of this act. § 2. The said corporation is hereby authorized and empowered to survey, locate, construct, complete, alter, maintain and operate a railroad, with one or more tracks, or lines of rails, from the southern terminus of the Illinois and Michigan canal, to a point at the city of Cairo, with a branch of the same to the city of Chicago, on Lake Michigan; and also a branch, via the city of Galena, to a point on the Mississippi river, opposite the town of Dubuque, in the state of Iowa. § 3. The said corporation shall have right of way upon, and may appropriate to its sole use and control, for the purposes contemplated herein, land, not exceeding two hundred feet in width through its entire length; may enter upon and take possession of, and use all and singular any lands, streams and materials of every kind, for the location of depots and stopping stages, for the purpose of constructing bridges, dams, embankments, excavations, station grounds, spoil banks, turn-outs, engine houses, shops and other buildings necessary for the construction, completing, altering, maintaining, preserving and complete operation of said road. All such lands, waters, materials and privileges belonging to the state, are hereby granted to said corporation for said purposes; but when owned or belonging to any person, company or corporation, and can not be obtained by voluntary grant or release, the same may be taken and paid for, if any damages are awarded, in the manner provided in “An act to provide for a general system of railroad incorporations,” approved November fifth, one thousand eight hundred and forty-nine; and the final decision or award shall vest in the corporation hereby created all the rights, franchises and immunities in said act contemplated and provided: Provided, that the appeal allowed by the provisions of the aforesaid act, approved the 5th of November, one thou-AND OTHER CORPORATIONS. 261 sand eight hundred and forty-nine, shall not effect the possession, by such company, of the land appraised, and when the appeal is made by others than the company, the same shall not be allowed, except on a stipulation of the party appealing that the said company may enter upon and use the lands described in the petition, for the uses and purposes in said petition set forth, upon said company giving bond and security, to be approved by the clerk of said court, that they will pay all costs and damages that may be awarded against said company, on the hearing of said appeal: Provided, that nothing in this section contained shall be so construed as to authorize the said corporation to interrupt the navigation of said streams. § 4. The capital stock of said corporation shall be one million of dollars, which may be increased, from time to time, to any sum not exceeding the entire amount expended on account of said road, divided into shares of one hundred dollars each, which shall' be deemed personal property, and may be issued and transferred in such manner and at such places as may be ordered and provided by the board of directors, who shall have power to require the payment of sums subscribed by stockholders, in such manner and on such terms as they may deem proper; and on refusal or neglect on the part of stockholders, or any of them, to make payment, on the requisition of the board of directors the shares of such delinquents may, after thirty days’ public notice, be sold at public auction, under such rules as said board of directors may adopt, the surplus money, if any remains, after deducting the payments due, with the interest and the necessary costs of sale, to be paid to such delinquent stockholders. The board of directors hereby appointed shall cause books to be opened for subscriptions to said stock, in such manner and at such time and places, as they shall direct. § 5. All the corporate powers of said company shall be vested in and be exercised by a board of directors and such officers and agents as they shall appoint. The board of directors shall consist of not less than twelve stockholders—three of whom shall be chosen every year by the stockholders—each share having one vote, to be given in person or by proxy—and the governor of the state of Illinois, who shall be a director ex officio, perpetually, voting in person or by proxy; each director successively elected to continue in office until his successor is elected and qualified. Vacancies in the board may be filled by a vote of two-thirds of the directors remaining, such appointees to continue in office until the next regular election of directors; but no person shall be so elected who shall not have been openly nominated at a meeting of the directors, at least one week before the time appointed lor such election. Other officers, agents and servants, whether members of the board or otherwise, may be appointed, employed, paid and dismissed, under such rules and regulations as the board of directors may, from time to time, adopt.282 CHARTERS OF RAILROADS § 6. The following* named persons shall constitute the first board of directors, to-wit: Robert Schuyler, George Griswold, Gouverneur Morris, Franklin Haven, David A. Neal, Robert Rantoul, jr., Jonathan Sturgis, George W. Ludlow, John F. A. Sandford, Henry Grinned, Joseph W. AIsop, Leroy Wiley, with the governor of the state of Illinois, for the time being, whose powers shall commence, and be, in full force from and after the day this act shall be accepted in the manner herein provided. § 7. The president and directors, for the time being, are hereby authorized and empowered, by themselves, their officers orage nts, to execute all the powers herein granted, for the purpose of surveying, locating, constructing, completing, altering, maintaining and operating said road and branches; and for the transportation upon the same of persons, goods, wares and merchandise, with all such powers and authority for the control and management of the affairs of said company, as may be necessary and proper to carry into full and complete effect the meaning and intent of this act. § 8. The said company shall have powder to make, ordain and establish all such by-laws, rules and regulations as may be deemed expedient and necessary to fulfill the purposes and carry into effect the provisions of this act, and for the well ordering, regulating and securing the affairs, business and interests of the company: Provided, that the same be not repugnant to the constitution and laws of the United States or of this state, or repugnant to this act. The board of directors shall have power to establish such rates of toil for the conveyance of persons and property upon the same as they shall, from time to time, by their by-laws, direct and determine, and to levy and collect, the same for the use of the said company. The transportation of persons and property, the width of track, the construction of wheels, the form and size of cars, the weight of loads, and all other matters and things respecting the use of said road, and the conveyance of passengers and property, shall be in conformity to such rules and regulations as said board of directors shall, from time to time, determine. Nothing in this act contained shall authorize said corporation to make a location of their track within any city without the consent of the common council of said city. § 9. If any person shall carelessly, willfully, maliciously, or wantonly delay, hinder, or obstruct the passage of any carriage on said road or branches, or shall place or cause to be placed, any material thereon, or in any way trespass upon, spoil, injure or destroy said road or branches, or any part thereof, or anything belonging or pertaining thereto, or employed or used in connection with its location, survey, construction or management, all persons committing or aiding and abetting in the commission of such trespass or offense, shall forfeit and pay to the said company treble such damages as shall be proved before any court of competent jurisdiction; and further, such offenders shall be liable toAND OTHER CORPORATIONS. 263 Indictment In the county within whose jurisdiction the offense may be committed, and to pay a fine of not less than thirty nor snore than one hundred dollars, to the use of the people of the state of Illinois, or may be imprisoned in the penitentiary for a term not exceeding five years in the discretion of the court before whom the same shall be tried. § 10. Said corporation may construct their said road and branches over or across any stream of water, water course, road, highway, railroad, or canal, which the route of its road shall intersect, but the corporation shall restore the stream or water course, road or highway, thus intersected, to its former state, or in a sufficient manner not to have impaired its usefulness. Whenever the track of said railroad shad cross a road or highway, such road or highway may be carried under or over said track, as may be found most expedient; and in case where an embankment or cutting shall make a change in the line of such road or highway desirable, with a view to a more easy ascent or descent, the said company may take such additional lands for the construction of such roads or highway as may be deemed requisite by said corporation, unless the land so taken shall be purchased, or voluntarily given for the purposes aforesaid. Compensation therefor shall be ascertained in the manner in this act provided, as nearly as may be, and duly made by said corporation to the owners and persons interested in such lands. The same when so taken or compensation made, to become a part of such intersecting road or highway, in such manner and by such tenure as the adjacent parts of the same highway may be held for highway purposes. § 1L And when the route of the said road, or either of its branches, as provided in this act, shall intersect, cross, or connect with, or run along or upon the line of any other railroad now constructing, or now in process of construction, by any other company, the company to be formed under this act shall join with such other company in making all necessary turn-outs, sidelings and switches, and other conveniences necessary to further the objects of such connection; and when the route of any other company shall be occupied as aforesaid, just compensation shall be made to such other company for all expenditures made by them in the location of such road; and all railroads so constructed, or now7 in process of construction, intersected as aforesaid, and connections made with the roads authorized to be built by this act, shall be made, and facilities in the transhipment of freight and passengers, and interchange of cars afforded by each, over the respective roads, upon fair and equitable terms, and in case the said companies can not agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the transhipment of freight and passengers, and interchange of cars, the same shall be ascertained and determined by three commissioners, one to be chosen by each of said companies, and the two so chosen to choose a third, and in case264 CHARTERS OF RAILROADS they can not agree upon the choice of the third person, he shall be appointed by the judge of the district court of the United States for the district of Illinois; and the decis.on of the three, when so chosen, shall be final: Provided, that this corporation shall not take and run on the road or line of any such company which is now being constructed without the consent and agreement of the company whose road or line is proposed so to be used. § 12. Every conductor, baggage master, engineer, brakeman, or other servant of said corporation employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge which shall indicate his office, the initial letters or style of the corporation. No conductor or collector without such badge shall demand or be entitled to receive from any passenger any fare, toll or ticket, or exercise any of the powers of his office, and no other of said officers or servants, without such badge, shall have, any authority to meddle or interfere with any passenger, his baggage or property. In forming passenger trains, baggage, or freight, or merchandise, or lumber cars shall not be placed in rear of passenger cars; and if they, or any of them, shall be so placed, and any accident shall happen to life or limb, the officer or agent who so directed or knowingly suffered such arrangement, and the conductor or engineer of the train, shall each and all be held guilty of a misdemeanor, and be punished accordingly. § 13. A bell of at least thirty pounds weight, or a steam whistle, shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said road shall cross any road or street, and be kept ringing or whistling at intervals, until it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by said corporation, one half thereof to go to the informer, and the other half to the state, and to be liable for all damages which shall be sustained by any person by reason of such neglect. Said corporation shall cause boards to be placed, well supported by posts or otherwise, and constantly maintained across each public road 'or street where the same is crossed by the railroad, on such elevation as not to obstruct the travel, and to be easily seen by travelers, and on each side of said board shall be painted in capital letters, of gt least the size of nine inches each, the words: “Railroad crossing! Look out for the cars!” But this provision shall not apply to streets or cities, or villages, unless the corporation be required to put up such boards by the officers having charge of such streets. § 14. Said corporation shall, within a reasonable time after said road and branches shall have been located, cause to be made a map and profile thereof, and of the land taken and obtained for the use of such road and branches, and file the same in the office of the secretary of state, and also like maps of theAND OTHER CORPORATIONS. 265 parts thereof located in the different counties through which the same may pass, and cause the same to be recorded in the office for recording deeds in the county in which said parts of said road and branches shall lie. § 15. For the purpose of securing the construction of said road.and branches, the right of way and all the lands which may be selected along the lines of said road and branches within this state, under the grant made by the government of the United States to thé state of Illinois, by virtue of “ An act granting the right of way, and making a grant of land to the states of Illinois, Mississippi and Alabama, in aid of the construction of a railroad from Chicago to Mobile,” passed September twentieth (20), eighteen hundred and fifty (1850); and also the right of way which the state of Illinois has heretofore obtained along and on the line of said railroad and branches, as heretofore located and surveyed, for the uses of the same, as well as the lot of ground obtained by the state within the city of Cairo, for a depot, and all the grading, embankments, excavations, surveys, work, materials, personal property, profiles, plats, and papers, constructed, procured, furnished, and done by or in behalf of the state of Illinois, for or on account of said road and branches, also the right of way over and through lands owned by the state, are hereby ceded and granted to said corporation, for the only and sole purpose of surveying, locating, constructing, completing, altering maintaining and operating said road and branches, as in this act provided, and in the manner following—that is to say: Im- mediately upon the organization of said company, and the presentation to the governor of the state of Illinois of a certificate, signed by the corporators hereinbefore named and duly acknowledged, accepting of this act of incorporation, and certifying to the due organization of said corporation, to the subscription to the capital stock thereof by the corporators hereinbefore named and their associates, of the sum of one million of dollars, and the bona fide payment of twenty per cent, therèon to the treasurer of said company, verified by the affidavits of the president and treasurer of said company; (which said certificate shall be filed in the office of the secretary of state,) and after three hundred thousand dollars of registered canal bonds or funded internal improvement bonds of the state of Illinois, or two hundred thousand dollars in specie, or two hundred thousand dollars of six per cent. United States stock, shall have been by the said corporation deposited with the treasurer of the state of Illinois, which shall be safely preserved and kept in the treasury of said state, upon the faith of the same, to be returned to or paid over to the said corporation, upon the full completion and operation of fifty miles of said railroad, by the said corporation, according to the provisions of their said charter, the said governor of the state of Illinois shall, in his official capacity, and in behalf of the state of Illinois, and under the great seal thereof, execute and deliver to the said company a deed, in'266 CHARTERS OF RAILROADS fee simple, of all said lands granted by the government of the United States, under the act of congress aforesaid, said depot lot at Cairo, right of way, grading, embankment, excavation, surveys, work, materials, profiles, plats and papers, hereinafter described and set forth, or in any way appertaining to said road and branches: Provided, that said company shall, simultaneously with the execution of said deed by ¿aid governor, execute a deed of trust to the persons and for the purposes hereinafter named and expressed: And provided., further, that the deed in fee simple to be executed by the governor, as aforesaid, shall recite, at full length, the act of congress aforesaid, this act and the deed of trust aforesaid. Said deed of trust shall be executed to Morris Ketchum, John Moore and Samuel D. Lockwood, as trustees, and shall include and convey to said trustees and their successors, everything included and conveyed in and by said deed in fee simple, and in addition thereto the railroad or railroads which may be built upon or along said track or tracks, line or lines, and materials for the construction thereof, with all and singular the buildings, shops, engine houses, turn-outs, stations and real estate of every nature and description, belonging or to belong to or in anywise appertaining or to appertain to said road and branches, for the uses, trusts and purposes following, that is to say: First. To secure and guarantee to the state of Illinois the first and prior lien on everything conveyed by said deed of trust, of every name, character and description, for security, as follows: Firstly—The constructing, completing and furnishing said road and branches, in the manner and time and upon conditions in this act provided. Secondly—For the faithful application of all money or property arising from the sale of lands, or obtained upon the faith of the same, as hereafter authorized, to the constructing, completing, equipping arid furnishing said road and branches, in accordance with the terms of this act and said act of congress. Thirdly—The indemnification of the state of Illinois against all and every claim of the United States government, for proceeds of sale of lands made by said company, under the provisions of this act, in the event said road^ and branches shall not be completed, as required by the act of congress above referred to. Fourthly—The lien hereby created shall take and have precedence of all demands, incumbrances, mortgages, bonds, judgments and decrees, against said corporation or said property, except so far as the absolute power of selling said lands, or any portion thereof, is herein provided for: Provided, that in case fifty miles of the said road shall not be constructed, according to the provisions of this act, within two years from and after the date of the organization of the company under the same, the bonds or money herein provided to be deposited with the treasurer of the state of Illinois, shall become forfeited to and become the property of the said state, subject to the disposition of the legislature thereof. Second, That on its organization, said company may enterAND OTHER CORPORATIONS. 267 upon, take and receive possession of the said tracks or lines, for the purpose of surveying, locating, working and constructing said road and branches, with the right of way, land, grading, embankments, excavations, surveys, work, materials, property, profiles, plats and papers aforesaid, to be occupied, used and employed for the purposes contemplated by this act, under whosoever control the same may be. Third. That said company shall proceed to locate, survey and lay out, construct and complete said road and branches, through the entire length thereof—the main trunk thereof, or central line, to run from the city of Cairo to the southern termination of the Illinois and Michigan canal, passing not more than five miles from the northeast corner of township twenty-one north, range two, east of the third principal meridian, and nowhere departing more than seventeen miles from a straight line between said city of Cairo and said southern termination of said canal, with a branch running from the last mentioned point, upon the most eligible route, to the city of Galena; thence to a point on the Mississippi river, opposite the city of Dubuque, in the state of Iowa; with a branch also diverging from the main track at a point not north of the parallel of thirty-nine and a half degrees north latitude, and running on the most eligible route into the city of Chicago, on Lake Michigan. That the central road or main track shall be completed, with at least one line of rails, or single track, with the necessary turn-outs, stations, equipments and furnishings, within four years from the date of the execution of said deed of trust, and the branches within six years from the said date. Said roads to be made equal, in all respects, to the road leading from Boston to Albany, usually known as the Great Western Railway, wTith such improvements as experience shall have shown to be expedient—the central or main line to be the first commenced, and 'be continued to completion. Fourth. A portion of said lands so conveyed to said trustees, not exceeding one fourth part thereof in value, to be designated by said company, shall be held by said trustees, free from all incumbrances, for purposes of sale, from time to time, on the requisition of said company, for the purpose of raising funds for the payment of interest on loans, in case of deficiency from other sources, and for such expenditures as the exigencies of the business of the company may require: Provided, that no portion of said fourth part of said lands shall be sold until said road and branches shall have been surveyed and located, and the work actually commenced on the main road: Provided further, that no portion of said lands so held by the said trustees, free from all incumbrances for said purposes, shall be sold or offered for sale until the said trustees shall be satisfied that a sum of money has been actually expended upon the construction of a section of at least fifty miles of said road, adjacent to said lands, equal in amount to the sum of money to be raised from the sale of such portion of said lands,268 CHARTERS OF RAILROADS or until a section of at least fifty miles of said road, adjacent to said lands, shall have been completed—when the lands on said section will be sold—and so on till the said road and branches shall be completed. Fifth. For the purpose of raising funds from time to time, for the construction and completion of said road and branches, and the purchase of iron and other materials to be used thereon, said company may issue its bonds, countersigned by the said trustees, in sums of not less than five hundred nor more than one thousand dollars each, at rates of interest not higher than seven per cent, per annum, payable semi-annually; the principal of said bonds payable in the year one thousand eight hundred and seventy-five, or sooner, at the pleasure of the company, at such place as it shall designate. The payment of said bonds shall be secured by the deed of trust aforesaid of said lands, roads and materials as hereinbefore provided; subject, nevertheless, to the prior lien of the state upon said lands and property, hereinbefore provided for; which said prior lien shall be referred to and recited in said bonds, so to be issued by said company: Provided, that the faith of the state is in nowise pledged for the redemption of said bonds to any extent. § 16. When the said company shall have completed, and put in running order, fifty miles of said road, the said trustees, on the requisition of said company, may proceed to sell the lands lying along and adjacent to such section so completed, (and not reserved free from all incumbrances as aforesaid,) in such manner as the company may direct. Said lands shall be sold for cash in hand, or the bonds of said company at par. All bonds received on such sales shall be cancelled by said trustees, and delivered to said company. The trustees shall invest ail money received on such sales in the bonds of the company, which shall be, in like manner, cancelled and returned. On cancelling said bonds, and before returning them to the company, said trustees shall make a brief memorandum on each bond, specifying for or on what particular tract or tracts of land the same was received. On making such sales, and receiving the price of such lands in money or bonds as aforesaid, said trustees shall convey such tracts, by an absolute title in fee simple, to the purchasers, which conveyance shall operate as a release or an acquittance of the particular tract or tracts so sold, from all liability or incumbrance on account of said bonds, so specified in the preceding section, so as to vest in the purchasers a complete and indefeasible title. Before any sales shall be made of any of said lands, the said trustees shall make a complete record, describing each and every tract of land selected under said act of congress, a copy of which record shall be filed in the office of the auditor of this state; and as sales oflands are made, as provided herein from time to time, the said trustees shall make and keep a record as aforesaid of every and each tract of land so sold, together with the name of the person to whom, and the price forAND OTHER CORPORATIONS. 269 which the same was sold. A copy of which record of sales shall be filed in said auditor’s office semi-annualiy. § 17. The trustees shall not, at any time during the construction of said road and branches, sell or dispose of lands to an amount exceeding the sum which shall then have actually been expended upon the said work, but may, at the request of the company, sell as the work progresses, so as to meet expenditures actually made on the sections of road completed, as far as the receipts from said sales may go towards their liquidation. And all lands remaining unsold at the expiration of ten years after the completion of said road and branches, shall be offered at public sale, annually, until the whole is disposed of, and the avails applied to the payment of the outstanding bonds of the company as aforesaid; or, if no such bonds be outstanding, said avails shall be paid to said company. § 18. In consideration of the grants, privileges and franchises herein conferred upon said company for the, purposes aforesaid, the said company shall, on the first Mondays of December and June, in each year, pay into the treasury of the state of Illinois five per centum on the gross or total proceeds, receipts, or income derived from said road and branches, for the six months then next preceding. The first payment of such per centage on the main trunk of said road to commence four years from the date of said deed of trust, and on the branches, six years from the date aforesaid, unless said road and branches are sooner completed, then from the date of completion. And for the purpose of ascertaining the proceeds, receipts or income aforesaid, an accurate account shall be kept by said company, a copy whereof shall be furnished to the governor of the state of Illinois; the truth of which account shall be verified by the affidavits of the treasurer and secretary of such company. And for the purpose of verifying and ascertaining the accuracy of such account, full power is hereby vested in the governor of the state of Illinois, or any other person by law appointed, to examine the books and papers of said corporation, and to examine, under oath, the officers, agents and employees of said company, and other persons. And if any person, so examined by the governor or other authority, shall, knowingly and willfully, swear falsely, or if the officers making such affidavits shall, knowingly and willfully, swear falsely, every such person shall be subject to the pains and penalties of perjury. § 19. The selection of lands provided for in the act of congress making the grant hereinbefore specified, shall be made by said company, or such agents as it may designate, under the appointment of the governor of this state, subject to the approval in said act specified. Said selection, as well as the survey, location, and completion of said road and branches, and the compensation of such trustees, shall be at the cost and charge of said company, without charge of any kind upon the treasury of the state of Illinois. Said road and branches to be free for the use270 CHARTERS OF RAILROADS of the United States, and tobe employed by the postoffice department as provided in said act of congress. § 20. In case of the death, resignation, removal, or inability to act, of either or all of said trustees, the vacanc}^ or vacancies shall be filled by the governor of the state of Illinois and said company, alternately; the governor filling the first vacancy that may occur. § 21. The corporate authorities of any city or cities on the line of said road or branches, or at either terminus thereof, or any owner or owners of property in any such city, or any association of citizens duly authorized by any such corporation, shall have power to lay down or construct a track or railroad along any of the streets of any such cities, for the purpose of conveying property to and from said railroad, which may be consigned to any of the warehousemen, in any of said cities, that said track or railroad (under the direction of said company,) may intersect the track of said railroad company at or near the main depot in said cities, respectively; and said company shall, at all times, permit the owners or consignees of property in such cities to take the cars containing the property to them consigned, to their respective warehouses upon said track: Provided, that any car so taken shall be returned without any unnecessary delay: And provided, further, that whenever it shall be necessary, for the convenience of the public, or persons receiving or sending property by said railroad, the said company shall permit side tracks to intersect their main road at any depot on or along the line of said road; and that such persons shall be entitled to have any property taken from such side tracks, under the directions and regulations of said company, without unreasonable delay; and for the non-performance by said company of any act of this proviso required to be done, said company shall forfeit and pay to the party aggrieved the sum of fifty .dollars, in each case, to be recovered in an action of debt, before any justice of the peace or any court having jurisdiction thereof. § 22. The lands selected under said act of congress, and hereby authorized to be conveyed, shall be exempt from all taxation under the laws of this state, until sold and conveyed by said corporation or trustees, and the other stock, property and effects of said company shall be in like manner exempt from taxation for the term of six years from the passage of this act. After the expiration of six years, the stock, property and assets belonging to said company shall be listed by the president, secretary or other officer, with the auditor of state, and an annual tax for state purposes shall be assessed by the auditor upon all the property and assets of every name, kind and description belonging to said corporation. Whenever the taxes levied for state purposes shall exceed three-fourths of one per centum per annum, such excess shall be deducted from the gross proceeds or income herein required to be paid by said corporation to the state, and the said corporation is hereby exempted from all taxation of every kind,AND OTHER CORPORATIONS. 271 except as herein provided for. The revenue arising from said taxation, and the said five per cent, of gross or total proceeds, receipts or income aforesaid, shall be paid into the state treasury in money, and applied to the payment of interest-paying state indebtedness, until the extinction thereof: Provided, in case the five per cent, provided to be paid into the state treasury,.and the state taxes to be paid by the corporation, do not amount to seven per cent, of the gross or total proceeds, receipts or income, then the said company shall pay into the state treasury the difference, so as to make the whole amount paid equal at least to seven per cent, of the gross receipts of said corporation. § 23. This act and all grants herein contained, shall cease and be void, unless accepted by said company within sixty days after the passage of this act.; and immediately on such acceptance, made in manner above provided, the deed in fee simple, and the deed of trust aforesaid, shall be made as above provided. All the grants herein contained shall cease and be void unless said road and branches be surveyed and located, and work on the main trunk actually begun, before the first day of January, 1852. § 24. The state shall have a prior lien upon said road and branches, and all the appurtenances and stock thereof, for all penalties, taxes and dues which may accrue to the state from said corporation, as herein provided; which lien of the state shall take precedence of all demands, judgments or decrees against said corporation. § 25. That each and every person, who, on the twentieth day of September, one thousand eight hundred and fifty, was the owner of any improvements made previous to that date, on any lot of land conveyed to the said company, and who became such owner with a view to a residence on, or occupation of such lot of land for agricultural purposes, shall have the right to purchase, at not exceeding two dollars and fifty cents per acre, a quantity of the lot so owned, to be bounded by the legal subdivisions, not exceeding one quarter section, to consist of the quarter quarter, half quarter or quarter section, which will include the improvement aforesaid: Provided, that any person claiming the right to purchase under the provisions of this act, shall, within three months from the date of selecting the lands, file in the clerk’s office of the circuit court of the county in which the land claimed is situated, a notice to the said trustees and corporation, of his, her or their claims, describing the land by its numbers, accompanied with an affidavit, stating the date and object of the improvement, the time and manner when and how he, she or they, became the owner thereof, and also the affidavits of at least two residents of the county, proving the facts in relation to such claim: And provided, further, that the right of way upon and across any lot of land sold under the provisions of this section, not exceeding two hundred feet in width, shall be reserved and retained for the passage of the road, as the same may be located272 CHAPTERS OF EAILKOADS and constructed, and any person claiming the right to purchase as aforesaid, shall, within twelve months from the date of commencing work on the road within the county in which the land is situated, pay the said trustees or the corporation the consideration money for the land claimed; which payment shall entitle him, her, or them, to a deed conveying an estate in fee; but in case of failure to make such payment, the right to make the purchase shall cease. When two or more persons claim the right to purchase the same lot of land, and file the proof of ownership as herein required, the person proving the first residence by himself, or those under whom he claims the improvement, shall have the right to make the purchase, but no sale or conveyance of any lot of land under the provisions of this section shall affect the rights or equities of parties claiming the same, as between each other. § 26. In case the persons incorporated by this act shall fail or neglect to accept the provisions of the same, and comply with its conditions within the time and in. the manner herein prescribed, then the same may be accepted by any other company which shall be approved of by the governor, auditor and treasurer of this state; who, upon complying with the terms and conditions of this act, shall be vested with all the rights, powers and immunities conferred upon the corporators herein named, and shall be subject to all the liabilities in the said act set forth, in as full, ample and complete a manner as if their names were inserted as corporators in this act. § 27. This act shall be deemed a public act, and shall be favorably construed for all purposes therein expressed, and declared in all courts and places whatsoever, and shall be in force from and after its passage. Supplemental Act. [Pr. Laws 1851 (17 Feb.), 276.] Whenever the route of any railroad, now chartered, or hereafter to be chartered in this state, shall intersect or cross the route of the Illinois Central Railroad, or either of its branches, the said company so intersecting or crossing the Central Railroad, shall have full power and authority to construct their said road across the route of the said Central Railroad, upon the same terms, conditions and restrictions as are prescribed by the eleventh section of the act entitled, “An act to incorporate the Illinois Central Railroad Company” : Provided, that the said Central Railroad Company shall not be permitted directly or indirectly, to lay out any town on or near the line of their said road in the interior of this state.* * That so much of said act as provides that the said railroad company shall not be permitted to lay out any towns on or near the line of their said railroad, be and the same is hereby repealed: Provided, hotvever, that the said company shall in nowise be permitted to lay out directly or indirectly any town on or near the line of their road, except at such points on the same, where their depots are already located and established. [As amended Pr. Laws 1855 (14 Feb.), 283.JAND OTHER CORPORATIONS. 273 That the Illinois Central Railroad Company be and is hereby empowered and authorized to locate, construct and operate a lateral branch or track from its eastern branch, as now located at or near Twelfth street, in the city of Chicago, to the south branch of the Chicago river, on such terms and conditions and in such manner as may be stipulated between the common council of said city of Chicago and the said company. That it shall be lawful for said company in any case or suit at law or equity, or upon any issue between the said company and any individuals or parties, to read the certificate made and signed by the corporators of said company, under the fifteenth section of the act incorporating the same, as evidence of the facts therein stated, and the said certificate shall have the same force and effect as if the same had been duly acknowledged and executed in strict accordance with the provisions of said section, and the rights of said company shall not be prejudiced or affected by reason of any defect or informality in said certificate; and the said company shall commence the work upon the main trunk of said road between Cairo and the junction of the Chicago branch therewith, and shall prosecute the same with the like good faith, as upon other parts of the line of said road: Provided, nothing herein contained shall authorize the company to construct the said road in any manner contrary to the provisions of the original charter of the company. [Amendment. Laws 1852 (22 June) 130.] * AN ACT to amend the act incorporating the Illinois Central Railroad Company. [Laws 1854 (28 Feb.), 192.] § 1. Be it enacted by the People of the State of Illinois, rep-resented.in the General Assembly: That so much of section sixteen of the act incorporating the said company as requires tha,t lands in said section mentioned to be sold for cash in hand or bonds of the said company at par, be and the same is hereby repealed, and the said lands may be disposed of upon such credit as may be deemed expedient by contracts for sale and conveyance: Provided, however, no conveyance of the title of any such lands shall be made until the whole purchase money agreed to be paid therefor shall be made either in cash or the bonds of the company at par. § 2. That whenever it has been found necessary from any cause to deviate in the construction of the road of said company, or of the branches thereof, from the line originally designated, the line upon which said road is in process of construction shall be deemed and taken to be the line authorized by its charter, and all the acts and contracts of said company touching the same, * Time of completion extended.—Laws 1852 (23 June), 208. Time of completion of the first fifty miles.—Laws 1853 (12 Feb.), 221, 18CHARTERS OF RAILROADS 274:' and all payments made for the right of way, shall be as valid and effectual as if the said road had been originally located in every respect upon the present line of construction. § 3. In case it shall so happen, from any causes not now foreseen, that the said company should be unable and fail to complete its main line within the period fixed by its charter, it shall not be taken and deemed to be any cause of forfeiture of the franchises and charter of said company, but it shall have the right to complete the said road within six months after the expiration of said time, and thereupon all its corporate rights shall be and remain as if the said road had been completed within the period originally fixed by its charter. § 4. The capital stock of said company shall be fixed and limited at seventeen millions of dollars, and the certificates therefor may be issued as shall be deemed expedient by the board of directors. § 5. In any action at law for any trespass upon any of the lands granted by the state to the said company, or for any other cause, wherein it may become necessary to prove the interest of said company or the trustees in said lands, the certificate of the commissioner of the general land office of the United States, or other proper certifying officer, that the lands in question have been selected and confirmed to the state, or said company, or said trustees, as the case may be, shall be sufficient prima facie evidence of title in all the courts of this state for the maintenance of said actions. § 6. ' This act shall take effect when accepted by a resolution of the board of directors of said company.* MICHIGAN CENTRAL RAILROAD.f AN ACT to authorize the construction and use of the railroad of the Union Railroad Company. [Laws 1852 (22 June), 129.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Union Railroad Company be and is hereby authorized to maintain and use or construct and build a railroad at and from the point on the Indiana line in Cook county, where the New Albany and Salem Railroad terminates; thence in a westerly and northwesterly direction, until it intersects a railroad now built southerly from Chicago, and with which it is now connecting at the point now * Assessments.—Laws 1859 (21 Feb.), 206. Shawneetown Branch.—2 Pr. Laws, 1865 (16 Feb.), 216. Same subject.—lb. (16 Feb.) 218. To amend the constitution as to tax, etc.—Laws 1869 (80 Mar.), 96. First separate section to constitution of 1870, III. Stat. p. 81. | It runs upon the Illinois Central track by contract, from Kensington to Chicago.AND OTHER CORPORATIONS. 275 known as the Junction, and the road above mentioned is hereby declared to be of sufficient public utility to justify the taking of private property for the construction of and maintaining the same; and the acts done by said company are hereby legalized, and the said Union Railroaci Company is authorized to make such contracts and agreements for the transportation of passengers and freight and for the construction, maintenance or use of its said railroad with any road of which it may be an extension, as to the board of directors rnav seem proper. § 2. The said company shall have power, and is hereby authorized to extend its said road to the city of Chicago whenever it shall be deemed expedient so to extend it, and for that purpose enjoy and use all the powers conferred by the preceding section. § 3. The said company shall be and is hereby authorized and empowered to acquire within, or in the vicinity of the city of Chicago, and to hold, use and occupy such lands as it may acquire by purchase, for the purpose of constructing such depots, machine shops, and other proper fixtures and buildings as may be requisite or necessary for the accommodation and transaction of the business which may pass over the road of the said company, and for this purpose, and for the purpose of extending the said road to said city of Chicago, the stock of said company may be increased to such an extent as may be necessary to cover the costs thereof, AN ACT to amend the charter of the Union Railroad Company. [Laws, 1854 (3 March), 215.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be com- petent for the said company to unite with any railroad company, either within or without this state, and consolidate therewith its stock, or to lease its road and franchises to any company with which it may be connected in business and operating arrangements; or such company may become the owner of its stock by purchase of its stockholders; and in either case, the directors of the company with which it may be consolidated, or into whose control it may pass by either of said modes, shall become the directors of said Union Railroad Company, and have the full control and management of the same, and have and enjoy all the rights and privileges now belonging to said company. MICHIGAN SOUTHERN AND LAKE SHORE RAILROAD COMPANY. AN ACT to incorporate the Chicago and Calumet Plank Railroad Company. [Pr. Laws, 1853 (12 Feb.), 9.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all such persons as shall276 CHARTERS OF RAILROADS become stockholders agreeable to the provisions of the corporation hereby created, shall be, and for the term of ninety years from and after the passage of this act shall continue to be, a body corporate and politic, by the name of The Chicago and Calumet Plank Railroad Company,” and by that name shall have succession lor the term of years above specified; may sue and be sued, complain and defend in any court of law or equity; may make and use a common seal, and alter the same at pleasure; may make bylaws, rules and regulations for the management of property, regulation of its affairs, and for the transfer of its stock, not inconsistent with the existing laws of this state and the United States; and may appoint such officers, agents and servants as the business of said company may require, prescribe their duties and require bonds for the faithful performance thereof. § 2. That J. W. Cochran, H. G. Loomis, Charles Cleaver, E. Peck, Henry Myers, Win. B. Egan and James Carney be and they are hereby appointed commissioners for the purpose of procuring subscriptions to the capital stock of said company, whose duty it shall be to open books for subscription to the capital stock of said company, giving notice of the time and place when and where said books will be opened, at least thirty days previous thereto, by publication in some newspaper in Chicago. The said commissioners, or a majority of them, shall attend at the place appointed for the opening of said books, and shall continue to receive subscriptions, either personally or by such agents as they shall appoint for that purpose, until the sum of fifty thousand dollars shall have been subscribed; and as soon as said sum shall be subscribed the said commissioners shall give twenty days’ notice, by publication in two weekly newspapers in Chicago, of an election by said stockholders of a board of directors, as hereinafter provided, for the management of said company; at which time and place so appointed for that purpose said commissioners, or a majority of them, shall attend and act as inspectors of said election; and the stockholders present shall proceed to elect seven directors, by ballot; and the commissioners present shall certify the result of such election, under their hands; which certificate shall be recorded in the record book of said company, and shall be sufficient evidence of the election of the directors therein named. The directors thus elected shall hold their office for one year, and until their successors are elected and qualified. § 3. The capital stock of said company shall be one million of dollars, wffiich shall be divided into shares of one hundred dollars each, and may be increased by the directors of said company to any sum necessary to complete the works herein authorized; and the same shall be subscribed for and taken under the direction of the board of directors of said company, at such time and in such places and manner as the said directors shall from time to time direct. The shares of the capital stock of said company shall be deemed personal property.AND OTHER CORPORATIONS. 277 § 4. The affairs of said company shall be managed by a board of seven directors, to be chosen annually by the stockholders from among themselves. At all elections for directors each stockholder shall be entitled to one vote for each share of stock held by him, and may vote personally or by proxy, and a plurality of the votes given at any election shall determine the choice. The directors shall hold their office as provided in a foregoing section, and shall elect one of their number as president of said board; and in case of any vacancy occurring in said board of directors between elections, the same may be filled by the board at any legal meeting of the directors; and the person so elected to fill the vacancy shall hold his office until the next annual meeting of the stockholders. In case of the absence of the president the board of directors shall have power to elect a president pro tempore, who shall exercise for the time being all the legal powers of the president of said board. § 5. It shall be lawful for the directors to make calls upon the sums subscribed to the capital stock of said company at such times and in such amounts as they shall deem fit, giving at least thirty days’ notice of each of said calls in at least two newspapers published in the city of Chicago; and in case of the failure on the part of any stockholder to make payment of any calls made as aforesaid by the said directors, for sixty days after the same shall have been due, the said board of directors are hereby authorized to declare said stock as in arrear, and all sums paid thereon forfeited to the company. § 6. The said company are hereby authorized to locate, construct and complete and to maintain and operate a plank railroad, with a single or double track, and may change and alter the same to a plank road exclusively, or to a railroad exclusively, at any time that the board of directors of said company may deem it advisable so to do, and may use for the purpose of said road any county or state road or roads within the limits hereinafter provided, having first obtained an order from the board of supervisors of Cook county, authorizing the use of such road or roads, and may operate such plank railroad, plank road or railroad, with such appurtenances as may be deemed necessary by the directors for the convenient use of the same from the city of Chicago to the Calumet river, and within ten miles of the lake shore; and the said company are authorized to use and operate said road, and shall have power and authority to regulate the time and manner in which goods, effects and persons shall be transported on the same, and prescribe the manner in which the same shall be used, and the rate of toll for the transportation of persons and property thereon, and shall have power to provide stock, all necessary material and power for the operation of said road, and shall have power to erect and maintain all necessary depots, stations, shops and other buildings and machinery for the accommodation and operation of said road.273 CHESTERS of railroads § 7. The said company are hereby authorized by their engineers and agents, to enter upon any lands, for the purpose of making the necessary surveys and examinations of said road, and to enter upon and take and hold all lands necessary for the construction of said plank railroad and its appendages, first making just and reasonable compensation to the owners of said lands for any damages that may arise to them from the building of said road; and in case said company shall not be able to obtain the title to the lands through which the said road shall be laid by pur-chise or voluntary cession, the said company are hereby authorized to proceed to ascertain and determine the damages sustained by said owner or owners in the manner provided by the ninety-second chapter of the Revised Statutes of this state, entitled “ Right of Way” : Provided, that after the appraisal of damages as provided in said statute, and upon the deposit of the amount of such appraisal in the circuit court of Cook county, the said company are hereby authorized to enter upon such lands for the construction of said road and its appendages. § 8. The said company are authorized to borrow from time to time such sum or sums of money, not exceeding the amount of the capital stock of said company, as in their discretion may be deemed necessary, to aid in the construction of said road, and to pay any rate of interest thereon, not exceeding ten per cent., and to pledge and mortgage the said road and its appendages, or any part thereof, or any other property or effects, rights, credits or franchises of the said company, as security for any loan of money and interest thereon; and to dispose of the bonds issued for such loan at such rates or on such terms as the board of directors may determine. § 9. Said company shall be bound to repair all public highways that their road may cross, and all bridges and water courses that may be in jured in the construction and using of said road. § 10. It shall be lawful for said company to unite, within the territory above described, and not elsewhere, with any railroad, and to grant to such companies the right [to] use or construct any portion of the road herein authorized to be constructed. § 11. Any person who shall willfully injure or obstruct said road, or any part of its appendages, shall be deemed guilty of a misdemeanor, and shall forfeit to the use of the company threefold the amount of damages occasioned by such injury or obstruction, to he recovered in an action of debt in the name of said company, with costs of suit, before any justice of the peace or before any court having jurisdiction thereof in the state. § 12. Said company shall be allowed three years from the passage of this act for the commencement of the construction of said railroad, and seven years thereafter for the completion of the same. § 13,. This act shall he deemed and taken as a public act, and shall be construed beneficially for all purposes herein specified or intended.AND OTHER CORPORATIONS. 279 § 14. This act to take effect and be in force from and after its passage. AN ACT to enable the Michigan Southern and Northern Indiana Railroad Company to acquire and hold real estate. [2 Pr. Laws 1867 (25 Feb.), 732.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: It shall be competent and lawful for the Michigan Southern and Northern Indiana Railroad Company, to acquire either by purchase, or in the manner provided in the uAct to amend the law condemning right of way for purposes of internal improvements,” approved June 22, 1852, and the acts amendatory thereto, and to hold in fee simple,-or in the manner prescribed in said act, when acquired thereunder, any such real estate which may be necessary and convenient for its stations, grounds, depots and other purposes connected with its business at Chicago, and required for, the easy and convenient transaction of its passage and freight traffic, and for the easy connection of its trains with other railroads, and for such other purposes connected with its business as may require the use and occupancy of real estate; and the title to all such property shall be as good and valid as if the company were a corporation organized and doing business under the laws of this state: Provided, however, that the said company shall not by reason of anything in this act contained, have the right to condemn or use, for right of way or otherwise, any street or alley or part thereof, within the city of Chicago, without first obtaining permission and authority so to do from the common council of said city. § 2. This act shall be deemed a public act, and shall take effect and be in force from and after its passage. PITTSBURG, FORT WAYNE AND CHICAGO RAILROAD, AN ACT to incorporate the Fort Wavne and Chicago Railroad Company. [■Pr. Laws, 1853"(5 Feb-), 105.]" § 1. jBe it enacted by the People of the State of Illinois, represented in the General Assembly: That the Fort Wayne and Chicago Railroad Company, as now organized under the act of the general assembly of the state of Indiana, entitled u An act to provide for the incorporation of railroad companies,” approved May 11, A. D. 1852,.be and they are hereby authorized to locate, construct, maintain and use their said railroad, with either a single or double track, from the western line of the state of Indiana, at and from the point within the county of Cook where the said Fort Wayne and Chicago Railroad shall intersect the same, to the city of Chicago.280 CHARTERS OF RAILROADS § 2. That in all cases when matters of controversy shall originate or arise within the limits of this state, the said company may sue and be sued in like manner as other bodies corporate within this state sue and are sued; and in all matters and things which may. in any way, relate to or concern the exercise or abuse of the rights, privileges, powers and franchises hereby granted, and also, in all things that may relate to or concern a compliance with or a breach of the conditions and provisions of this act, the said company shall be as perfectly subject to and under the control of the proper authorities of Illinois as if the said company had been created by a law of this state; and in any suit, action or proceeding* at law against said company, the process may be served within the proper county or district upon any known officer or agent of said company. § 3. That it shall be the duty of the president and directors of said company, as soon as any portion of their railroad situated between the city of Chicago and the eastern line of the state of Illinois is completed and in use for transportation, to prepare a full and accurate statement of the cost of construction of said portion of their railroad, authenticated by the oath or affirmation of* the president and secretary of said company, and communicate the same to the auditor or other proper officer of Cook county in this state, who shall file the statement in his office. § 4. That the stock of said company to an amount equal to the cost of construction of the said portion of their road shall be subject to state and county taxes in this state, in the same manner and at the same rate as other similar property is subject; and the rolling stock and equipments of said road used in this state on said road by said company shall be considered as part of the stock of said company, subject to taxation in proportion to the length of the line in this state as compared with the distance said rolling stock and equipments are used out of this state: Provided, that nothing in this act shall be so construed as to authorize a greater amount of tax upon this road than is assessed and collected on other roads under the general laws of this state; and it shall be the duty of said company to cause their treasurer, upon the declaration of any dividends after said portion of their railrpad shall have been completed, to retain out of said dividends and pay into the treasury of Cook county the tax to which such portion of stock is liable, and all taxes legally levied upon said road shall be a first lien upon the same. § 5. The said company are hereby authorized to use and exercise all the powers for appropriating and obtaining the right of way for the construction, maintenance and use of said road that are given and expressed bv the act entitled “An act to provide for a general system of railroad incorporations,” approved November oth, 1849; and in case any lands so appropriated shall not be donated to the company, or in case of dis-AND OTHER CORPORATIONS. 281 agreement between the owners thereof and said company as to the fair value thereof, the sum to be paid shall be determined in the manner prescribed by said act. § 6. For the purpose of maintaining said railroad and the work connected therewith, and protecting the same from injury, the said corporation shall have the benefit of the provisions of said act approved November the 5th, 1849, referred to in the previous section. § 7. The said corporation may take and transport upon said railroad any person or persons, merchandise or other property, by the force or power of steam or animals, and may establish and collect such rates of toll for all passengers and property transported upon the same as the said directors shall from time to time establish; and the directors are hereby empowered and authorized to make all necessary rules, by-laws, regulations and ordinances that they may deem necessary and expedient to accomplish the designs and purposes and to carry into effect the provisions of this act, and for the transfer and assignment of its stock, which is hereby declared personal property, and transferable in such manner as shall be provided by the by-laws and ordinances of said company. § 8. Said company is hereby authorized from time to time to borrow such sum or sums of money as may be necessary for completing and furnishing or operating their said railroad, at such rate of interest as may be agreed upon, and to issue and dispose of their bonds in denominations of not less than five hundred dollars ($500), for less than par value, if necessary, for any amount so borrowed, and to mortgage their corporate property or franchises, or convey the same by deed of trust to secure the payment of any debt contracted by the said company, for the purposes aforesaid, and the said directors of said company may confer on any bondholder of any bond issued, for money borrowed, the right to convert the principal due or owing thereon into stock of said company, at any time not exceeding ten years from the date of the bond, under such regulations as the directors of said company may see fit to adopt. § 9. The said company are hereby authorized to construct their road upon »or across any stream or water course, road or highway, railroad or canal, which the route of its road shall intersect, but the corporation shall restore the stream or water course, road or highway, railroad or canal thus intersected, to its former, state, or in a sufficient manner not to have impaired its usefulness. § 10. The said company shall be and are hereby authorized and empowered to acquire within or in the vicinity of the city of Chicago, and to hold, use and occupy such lands or lots as it may acquire by purchase, donation or otherwise, for the purpose of constructing such depots, machine shops and other proper fixtures and buildings as may be requisite or necessary for the accommodation and transaction of the business which may pass over and be connected with the road of said company.282 CHARTERS OE RAILROADS § 11. That two additional directors of said company shall be chosen, who shall be stockholders in said corporation, and citizens of the city of Chicago. § 12. This act shall be in force from and after its passage. § 13. The Fort Wayne & Chicago Railroad Company be and are hereby authorized and empowered in all cases where they may not be able to acquire the right of way through any lands or premises when necessary for the purposes of said railroad by purchase or donation to obtain the same in the mode provided by an act entitled u An act to amend the law condemning* right of way for purposes of internal improvement,” approved June 22d, A. D. 1852, and said company shall be entitled to all the beneficial provisions of that act, or of a subsequent general law on the same subject. [As amended, Laws 185i (22 Feb.), 80.] A-JST ACT to perfect the title of the purchasers of the Pittsburg, Fort Wayne and Chicago Railroad, and to enable them to form a corporation, and defining the powers and duties of such corporation. [Pr. Laws 1861, (8 Feb.) 513.] § 1. JBe it enacted by the People of the State of Illinois, represented in the General Assembly: That in case the railroad of the Pittsburg, Fort Wayne and Chicago Railroad Company, or any part thereof, shall be sold, by virtue of any mortgage or mortgages, deed or deeds of trust, either by foreclosure or other proceedings in law or equity, or in pursuance of a power in such mortgage or mortgages or deed or deeds of trust contained, or by the joint exercise of the said authorities, the purchaser or purchasers of the same, or their survivors or survivor, or they or their or he and his associates, or their or his assigns, may form a corporation, by filing in the office of the secretary of state, under their or his signature, specifying thename of such corporation, the number of directors, the names of the first directors, and the period of their services, not exceeding one year, the amount of the original capital, and the number of shares into which such capital is to be divided; and thereupon the persons who shall have signed such certificate, and their successors, shall be a body politic and corporate, by the name stated in such certificate; and a copy of such certificate, attested by the signature of the secretary of state or his deputy, shall, in all courts and places, be evidence of the due formation and existence of the said corporation and of the facts in the said certificate stated. § 2. The said corporation, formed pursuant to this act, shall have power to acquire, by purchase or otherwise, and to hold, use and enjoy the Pittsburg, Fort Wayne and Chicago railroad and each and every part thereof, whether situate within or without this state, and all equipments, machinery, tools and materials, all lands, property, franchises, rights and things connected therewith or necessary or convenient to the use thereof, together with the tolls, income, rents, issues and profits of the same; and shall haveAND OTHEE COEPOEATIONS. 283 power to maintain and operate the same, as fully as might have been done by the Pittsburg, Fort Wayne and Chicago Railroad Company; and to erect new depots, stations and other buildings and connect the same with the said railroad, and to acquire and hold lands for the said, and other needful purposes. And the said corporation shall also possess all the facilities, powers, authorities, immunities, privileges, and franchises at any time held by the said Pittsburg, Fort Wayne and Chicago Railroad Company, or by any of the corporations heretofore consolidated into the said company, or conferred on the said company, theisaid corporations, or either of them, by any act or law of this state, or either of the states of Ohio, Indiana or Pennsylvania, and shall have power and capacity to hold and exercise, within each and every of the said states, and so far as it may deem necessary to the general objects of its business, within any other of the United States, all the said faculties, powers, authorities, privileges and franchises and all others which may hereafter be conferred upon it by or under any law of this state or of any of the aforesaid states; and to hold meetings of stockholders and directors; and do all corporate acts and all things within any of the aforesaid states as validly as it might do the same within this state; and may consolidate with any corporations of such other states, authorized to hold, maintain and operate the aforesaid railroad; and the said corporation, formed pursuant to this act, shall also have power to create and issue capital stock, in shares of one hundred dollars each, and to such aggregate amount as it shall deem necessary to carry out the objects of this act; and may establish preferences, in respect to dividends, in favor of one or more classes of the said stock, in such order and manner and to such extent and with such securities as it may deem expedient; and may confer on holders of any bonds which it may issue or assume to pay, such rights to vote at all meetings of stockholders, not exceeding one vote for every one hundred dollars oi the par amount of the said bonds, as may by it be deemed advisable; which rights, when once fixed, shall attach to and pass with such bonds, under such regulations as the by-laws may prescribe, to the successive holders thereof, but shall not subject any holder to assessment by the said company or to any liability for its debts, or entitle any holder to dividends. And the said corporation may make and issue its bonds, of not less denomination than one hundred dollars each, payable at such times and places and bearing such rates of interest as it may deem expedient, and may hypothecate or sell such bonds, within or without this state, at such prices as it may deem proper: Provided, nevertheless, that, except within six months after the organization of said company, no bond shall be created, nor shall any debt be contracted exceeding in the aggregate, at any one time, five per cent, on the par amount of the capital stock of the said company, unless the same shall have been previously authorized by a vote of two-thirds in interest of the stock and284 CHARTERS OF RAILROADS bondholders, at a meeting duly held; and the said corporation may receive the payment of any bonds which it may make, issue or assume to pay, by a mortgage or mortgages or deed or deeds of trust of its railroad, or of any part or parts thereof, or of any other of its property, real or personal; and may include in any such mortgage of mortgages or deed or deeds of trust any locomotives, cars and other rolling stock or equipments, and any machinery, tools, implements, fuel and materials or other real or personal estate, whether then held or thereafter to be acquired, for the constructing, operating, repairing or replacing of the said railroad, or any part thereof or of any of its equipments or appurtenances; all of which property and things, so included, whether then possessed or thereafter to be acquired, shall be subject to the lien and operation of every such mortgage or deed of trust, in the same manner and with the like effect as if all such property and things constituted a part of the said railroad; and may also include all franchises, held by the said corporation and connected with or relating to the said railroad and all corporate franchises, which are hereby declared in case of sale by virtue of any such mortgage or mortgages or deed or deeds of trust, to pass to the purchaser or purchasers, so as to enable him or them to form a corporation, in the manner herein described, and to vest in such corporation all the faculties, powders and authorities, immunities, privileges and franchises conferred by this act; and the said corporation may do all things which may be necessary or convenient to carry into full effect the powers hereby granted; and the powers hereby conferred may be exercised by the directors thereof. § 3. That the said corporation, formed pursuant to this act, shall, within six months after its organization, likewise have power to assume such debts, liabilities and claims against the said Pittsburg, Fort Wayne and Chicago Railroad Company, and make such settlements or adjustments with any of the stockholders or other parties interested therein, as it may deem proper; and, for the same purpose, to use such portion of the stock or bonds hereby authorized to be created, and in such manner as it may deem necessary. § 4. That in case the said Pittsburg, Fort Wayne and Chicago railroad, or any part thereof, shall be decreed by any court having jurisdiction, in any state or part of a state composing a judicial district, within which a part of said railroad is situated, to be sold by virtue of any mortgage or mortgages or deed or deeds of trust, upon the same containing a power of sale to the trustee or trustees, it shall be lawfful for the said trustee or trustees to unite with the proper officer in making such sale, or, under the order of the court, to make such sale at the time and place appointed by the court, and with such notices as may be ordered by the court, and to execute a conveyance of the said railroad, or the part thereof which may be so sold; and such sale and convey-AND OTHER CORPORATIONS. 285 ance shall be a valid and effectual execution of the powers of sale and conveyance contained in the said mortgage, mortgages or deed or deeds of trust, and shall operate to invest the purchasers with the title to the railroad, property and things sold, as aforesaid, free and discharged from all rights and equity of redemption by the mortgagor or junior incumbrancer or any other party whatsoever. § 5. That full authority is hereby given to the corporate authorities of the several counties, townships, cities, villages or other municipal corporations, owning or holding stock in the said company, and to all persons holding the same in any fiduciary capacity, to transfer, assign or surrender the same, and to accept and receive, under the reorganization, such portion of the new stock as may be apportioned to the stock so owned and held. § G. That this act shall be a public act, and shall take effect from and after its passage. UNION STOCK YARD AND TRANSIT COMPANY OP CHICAGO. AN ACT to incorporate the Union Stock Yard and Transit Company of Chicago. [2 Pr. Laws 1865 (13 Feb.)* 678.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That John L. Hancock, Virgin- ius A. Turpin, Roselle M. Hough, Sidney A. Kent, Charles M. Culbertson, Lyman Blair, David Kreigh, Joseph Sherwin, Martin L. Sykes, jr., George W. Cass, James F. Joy, John F. Tracy, Timothy B. Blackstone, Joseph H. Moore, John S. Barry, Homer E. Sargent, Burton C. Cook, John B. Drake, William D. Judson and such other persons as may associate with them for that purpose, be, and the same are hereby made a body politic and corporate, by the name and style of 44 The Union Stock Yard and Transit Company of Chicago,” with perpetual succession; and by that name and style may contract and be contracted with, sue and be sued, have a common seal which they may alter and revise at pleasure, and may have and exercise all the rights, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act, as the same are herein set forth. § 2. That said company shall have power to locate, construct and maintain, upon the land purchased for such purpose, in convenient proximity to the southerly limits of the city of Chicago, and west of Wallace street, as the same would be extended in a straight line south from said city limits, all the necessary yards, inclosures, buildings, structures and railway lines, tracks, switches and turn-outs, aqueducts, for the reception, safe keeping, feeding and watering, and for the weighing, delivery and transfer of cattle and live stock of every description, and also dead and undressed animals that may be at, or passing through or near the286 CHARTERS OR RAILROADS city of Chicago, and for the accommodation of the business of a general Union. Stock Yard for cattle and live stock, including the erection and establishment of one or more hotel buildings, and the right to use the same, if deemed expedient, for the convenience of drovers, dealers and the public doing business at the said yards; and shall have power to repair, enlarge, relocate, reconstruct and alter the said yard, structures and buildings, or any of them, as shall become necessary or expedient from time to time; subject, nevertheless, to the restrictions above mentioned as to the location-of the same; and shall have the right and power to make advances of money upon such cattle and live stock, for freight or other purposes, as may become expedient, and for such care, subsistence and handling, and advances made upon such stock, the said company may make and require to be paid such reasonable charges as may be deemed just and proper, and shall have the power to lease the public house or hotel building so erected for the accommodation of those drawn together by the business of such yards, upon such terms and conditions as shall be deemed proper, or to make such other arrangements for the management thereof as maybe deemed advisable, from time to time; and if the same shall be kept and managed by said company, shall have power to fix and require to be paid such reasonable charges for the accommodation afforded by said house or houses, as shall be just and proper. § 3. The said company shall construct a railway, with one or more tracks, as may be expedient, from the grounds which may be selected for its said yards, so as to connect, outside of the city of Chicago, the same with the tracks of all the railroads which terminate in Chicago, the lines of which enter the city on the south, between the lake shore and the south-west corner of said city, and on the west between said last named point and the north line of section number nineteen (19), township number thirty-nine (39) north, range fourteen, east of third principal meridian, and shall have the right and power to make such connections, with such suitable side tracks, switches and connections as to enable all of the trains running upon said railroads easily and conveniently to approach the grounds selected for said yards, and may make such arrangements or contracts with such railroad companies, or either of them, for the use of any part or portion of the track or tracks of such company or companies, which now is or hereafter may be constructed, for the purposes aforesaid, as may be agreed upr>n between the parties; and shall have power and authority to locate, and, from time to time, renovate, change, alter, construct and reconstruct, and fully to finish and maintain its said railroad or roads, side tracks and connections, and to transport, and allow to be transported thereon, between said railroads and cattle yards, all cattle and live stock and persons accompanying the same, to and from said yards; and may also transport, or allow to be transported, between the railroads entering said city, andAND OTHER CORPORATIONS. 2S7 SO connected by the road or roads hereby authorized, by steam or other power, freight and property of every kind, as well as stock and cattle, and may fix and establish, take and receive such rates of toll for all freight and property, so transported between said several railroads, as the directors shall, from time to time, establish: Provided, all fees and charges for freights, hotel bills, feeding, carrying and everything done by reason of the powers herein given, shall be subject to any general law that may be passed by the legislature of this state in reference to stock yards or to railroads; and for the purpose of constructing said railroad and appurtenances, shall have the authority and power to lay out, designate and establish the road, in width not exceeding one hundred feet through the entire line thereof, and to mark out and designate the ground for such yards and other structures, and may acquire such lands, which may be necessary for the purpose of constructing said tracks, either by purchase or in the manner hereinafter provided, with the right to let or demise the real estate and property so acquired, and improvements thereon; and shall also have the right and authority to take a lease or leases of ground for said yards, upon such terms as the directors of said company may deem just and reasonable, and all contracts and agreements made in connection with such lease or leases shall be valid and binding upon the parties thereto; and said company shall have the right, with the consent of the proper authorities having control thereof, to locate or construct its road across any street or highway, doing as little damage and discommoding the public as little as may be consistent with the use of said track so laid. § 4. The said company shall have power and authority to receive, take and hold all such voluntary grants and donations of land and real estate as may be made to said company, for the purpose aforesaid, and may contract and agree with the owners and occupiers of any land which may be necessary for such purposes, or which said company may desire to use in connection therewith, in order to carry out the objects of its organization; and said company is authorized and empowered to receive and take grants and conveyances of all interests and estates in such lands to them and their successors and assigns, in fee or otherwise, and in case the said company can not agree with the owners or occupiers of lands necessary for the railroad tracks herein permitted to be constructed, so as to procure the same by the voluntary deed of such owners or occupiers, or if such owners or occupiers, or any of them, be a femme covert, infant, non compos mentis, unknown or out of the county of Cook, the same may be taken for the purpose of constructing said railroad track, but for no other purpose, and paid for, if any damages are awarded, in the manner provided for an the “Act to amend the law condemning the right of way for purposes of internal improvement,” approved June 22, A. D. 1852, and the acts amendatory thereof, to the benefits of all the28B CHARTERS OF RAILROADS rights, privileges, franchises and immunities contained in the provisions of which said act, and the amendments thereof, said company shall be, and are hereby declared eniitled. § 5. The capital stock of said company shall be one million of dollars, which stock shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and may be taken and held by individuals, and may be issued to such persons, and certified, transferred and registered in such manner and in such places as may be ordered and provided for by the board of directors, who shall have power to require the payment for the stock subscribed, in the manner, at the time, and in such terms as they may direct; and the same may be paid for in real estate or in personal property, under the direction of said board of directors, who shall also have power to declare dividends upon profits earned by said company. On the refusal or neglect of any stockholder to make payment on the requisitions of the board of directors, the share or shares of such delinquent may, after thirty days’ public notice in one of the daily newspapers ol‘ Chicago, be sold at public auction, under such rules as the directors may adopt. § 6. The corporate powers of said company shall be vested in and exercised by a board of directors, to consist of not less than five nor more than nine in number, and such other officers, agents and servants as they shall appoint. The first board of directors shall consist of Martin L. Sykes, John B. McCullough, James F. Joy, John F. Tracy, Timothy B. Blackstone, John L. Hancock, Roselle M. Hough, Charles M. Culbertson, and Yirginus A. Turpin, who shall hold their office until the third Wednesday of January, A. D. 1866, and until their successors are elected and qualified. Vacancies in said board may be filled by a vote of two-thirds of the directors remaining, such appointees to continue in office until the next regular annual election of directors, and which said annual election shall be held on the third Wednesday of January in each year, at such place as the directors may appoint, thirty days’ notice being given in one newspaper in Chicago, of the time and place of such election. § 7. At any election of directors, each share of stock shall be entitled to one vote, to be given either in person or proxy, and the person receiving the largest number of votes to be declared duly elected, and to hold the office until the next annual election, and until their successors shall be duly qualified; and if for any cause the annual election shall fail, the company shall not be dissolved, but the directors in office shall continue to hold their places as directors until an election shall be had and their successors duly elected and qualified. § 8. The directors herein named shall organize their board by electing one of their number president, and by appointing a secretary and treasurer. The said company shall have power toAND OTHER CORPORATIONS. 289 make, ordain and establish by-laws, rules and regulations necessary to fulfill the purposes and carry into effect the provisions of this act, and for the well ordering and securing the affairs, business and interests of the company, provided the same shall not be repugnant to the constitution and laws of the United States, or of this state. § 9. Should it be necessary for the construction of the road or roads, hereby authorized to be built, to cross any water course, stream of water or road, it shall be lawful under the direction of the proper authorities having control thereof, to construct the said road upon or across the same: Provided, the same shall be 30 constructed as not to unnecessarily impair the usefulness of said road or water course. § 10. The said company is hereby authorized from time to time, to borrow such sums of money as it may deem expedient, and to issue and dispose of their bonds therefor in denominations of not less than five hundred dollars each, and to an amount which, in the aggregate, shall not exceed five hundred thousand dollars, and bearing such rate of interest not exceeding ten percent., as the company shall deem expedient, and to secure the payment of the same, may execute a mortgage or deed of trust of all its property of every description, in possession or to be acquired, with such terms, stipulations and conditions as may be deemed expedient. § 11. Nothing in this act contained shall be deemed, taken or construed as conferring upon the company hereby created, any powers or authority to maintainor operate a railroad for the conveyance of passengers or freight in the city of Chicago. And the said company hereby incorporated is hereby expressly prohibited from making any contract, or having any agreement, either expressed or implied, with any railroad company, to receive cattle, hogs, or other freight transported over the road of any such railroad company, to the exclusion of any person or corporation having a stock yard in proximity to said city; and said company hereby incorporated, shall not receive any cattle, hogs, or other stock consigned to any other person or company having a stock yard in proximity to said city; and any willful violation of any of the provisions of this act by the company hereby incorporated, shall work an absolute forfeiture of all the rights, privileges and immunities conferred by this act, and the franchises hereby conferred shall become utterly void. § 12. This act shall be deemed a public act, and shall be in force from and after its passage. § 1. Be it enacted by the People of the ¡State of Illinois, represented in the General Assembly: That the board of directors of the Union Stock Yards and Transit Company of Chicago be, and the same is hereby authorized from time to time, to increase the capital stock of said company five hundred thousand dollars, 19290 CHARTERS OF RAILROADS in addition to its .present capital; but rio stock shall be issued for a less sum or amount than the par value thereof actually paid in9 in cash. [As amended. 3 Pr. Laws 1867 (7th March), 100.] CALUMET AND CHICAGO CANAL AND DOCK COMPANY. AN ACT to incorporate the Calumet and Chicago Canal and Dock Company. [2 Pr. Laws, 1869 (10th Mar.), 866.] § 1. JBe it enacted by the People of the State of Illinois, represented in the General Assembly: That Elam G. Clark, Daniel J. Schuyler, George W. Waite, James H. Woodworth, Charles V. Dyer, John McCaffrey, George Schneider, John V. LeMoyne, and George W. Stanford, and such persons as shall become stockholders in the corporation hereby created, are hereby made and constituted a body corporate aud politic, by the name and style of the Calumet and Chicago Canal and Dock Company, and as such corporation shall have perpetual succession, may contract and be contracted with, may sue and be sued, may plead and be impleaded, may have a common seal, may purchase, possess and occupy real and personal estate, and may sell, lease and employ the same in such manner as it shall determine, and shall have the right to borrow money and pledge their property and franchises to secure the same, and have and exercise all the powers necessary as a corporation to carry out the objects of this act. § 2. The capital stock of said company shall be five hundred thousand dollars, which shall be deemed personal property, and shall be divided into shares of one hundred dollars each, to be paid for at the time and in such installments as the board of directors shall direct, and shall be transferable in such manner as the directors of said company shall determine. The capital stock may be increased from time to time by said company to an amount not exceeding the value of the property and franchises of said company. § 3. The business affairs of said company shall be conducted by a board of not less than seven directors, to be elected by the stockholders from their number, who shall hold their office for one year and until their successors shall be elected and qualified; each share of stock shall entitle the holder thereof to one vote in the election of directors. The said board of directors shall have power to make by-laws for the government and management of said corporation, its affairs, property and officers, and may appoint such officers and agents as they shall deem proper, and prescribe their power and duties. § 4. The principal office of said company shall be located in the city of Chicago, Illinois. § 5. The said company shall have povrer to enter upon and make surveys of any lands and premises between the south branchAND OTHER CORPORATIONS. 291 of the Chicago river, or the Illinois and Michigan canal and the Calumet river, which empties into Lake Michigan at or near section five (5), township thirty-seven (37) north, range fifteen east of the third (3) principal meridian, in Cook county, Illinois, for the purpose of ascertaining and locating the most advantageous route for constructing a canal, and are hereby authorized and empowered to construct and make a canal of such width as they shall determine, from such point on the said Calumet river as said company shall determine, to such point on the south branch of the Chicago river, or the Illinois and Michigan canal, as the said company shall determine. The said company shall have the right to construct and make any part or portion thereof from time to time until the whole is completed, and may construct, use, operate and employ, and maintain such docks, slips, basins, shipyards, dockyards, dry docks, warehouses and piers as said company may deem necessary and proper, and may make such rules and regulations as the company may prescribe for the passage in said canal of all boats, vessels or other watercrafts: Provided, no tolls or dues shall ever be charged or collected for the passage of any vessel, boat or watercraft in said canal. § 6. Said company shall have the right to acquire by condemnation, title to any lands or real estate to the extent of three hundred feet/m each side of the center line of said canal, as the same shall be located and established, under and by virtue of any law or laws of the state of Illinois, authorizing the condemnation of said real estate for public improvements, and when such lands or real estate shall have been so acquired, the fee thereof shall be vested in said company. § 7. Said company shall have the right to intersect any road, highway or railroad with said canal, but the said company shall restore such road or highway or railroad thus intersected, to its former state, so that its usefulness shall not be impaired thereby: Provided, said company shall not be required to construct, maintain and operate bridges for the use of the public along the route of said canal, nearer to each other than one half mile, and the location of which said bridges may be determined by the public authorities of the several towns through which said canal shall be constructed. § 8. Said company shall be required to construct railroad bridges at such points along the line of said canal, where the same may intersect any railroad in operation at the time of the construction of said canal, and such bridges shall be constructed of such kind, and maintained and operated in such manner by said company as shall be agreed upon by the said company and any railroad company whose road is so intersected, and in case the said companies shall be unable to agree as aforesaid, either company shall have the right to petition to the judge of the circuit court of Cook county, in the matter aforesaid, and it shall be the duty of the said judge to appoint three competent persons as commis-292 CHARTERS OF RAILROADS sioners, who shall determine the kind of bridge, and the manner in which the same shall be maintained and operated, and in ease the said Canal and Dock Company shall fail, neglect or refuse within a reasonable time to comply with the determination of said commissioners, the said railroad company may do all things necessary and proper to be done in the premises pursuant to such determination, and may thereupon have and maintain a claim to recover of said Canal and Dock Company all damages, costs and expenses therefor. § 9. Nothing in this act contained shall authorize said company to exercise the right of condemnation within the present limits of the city of Chicago, or within section sixteen (16), township thirty-eight (38) north, range fourteen east of the third principal meridian. § 10. This act shall be a public act, and take effect and be in force from and after its passage. OAK WOODS CEMETERY ASSOCIATION. Pr. Laws, 1853 (12th Feb.), 550. § 1. JBe it enacted by the People of the State of Illinois, represented in the General Assembly: That Joseph B. Wells, William B. Herrick, John Evins, Norman B. Judd, Wm. B. Egan, Ebenezer Peck, J. Young Scammon, R. K. Swift, and Charles N. McKubbin, and their associates and successors, be, and they are hereby created a body corporate and politic, by the name and style of “ The Oak Woods Cemetery Association,’7 near the city of Chicago, in the county of Cook, and by that name and style to have perpetual succession, and all the powers, rights, liabilities and immunities incident to a corporate body. § 2. The officers of said association shall be nine directors, and such other officers as by this act maybe authorized or created, each of whom shall be the owner of one or more lots in the cemetery of said association. Said directors, or a majority of them, in all cases, shall constitute a board for the transaction of all business, and the management of all property of said association, and shall be elected by ballot, on the first Monday in March, in each year, and shall hold their offices until their successors are elected. § 3. Said board of directors shall choose, from their own number, a president and treasurer, and shall appoint, from the members of said association, a secretary, sexton, and such other officers as the interests of said association may require. A bond of security shall betaken by said board from said treasurer, for the faithful discharge of the duties of his office. § 4. At all elections of said association, two of said directors shall act as judges, and the secretary of the board as chief clerkAND OTHER CORPORATIONS. 293 thereof; and said clerk shall, within ten days after each election, give to the persons chosen a certificate of their election. Said board may, on giving ten daj^s’ public notice thereof, hold a special election for filling the vacancy or vacancies occasioned by the death, resignation, or removal of any of said directors. § 5. [Repealed. See § 4, of Amendment hereto, p. 295.] § 6. Said board of directors shall have power to purchase, receive, by grant or otherwise, and hold lands, not exceeding one hundred and sixty acres, for a cemetery, and to survey and lay out the same into lots suitable for the burial of the dead; also, to sell and convey the same, by certificates of purchase, signed and acknowledged by the president, and attested by the secretary, as hereinafter provided, and the purchasers thereof, their heirs and assigns, shall use their said lots for burial purposes only. § 7. The proceeds arising from the sale of said lots shall be applied by said directors in enclosing, protecting and ornamenting said cemetery, and in making such other improvements thereon, and for such other purposes for the interest and objects of said association, as the said directors may deem necessary or appropriate, and said board of directors shall have power to establish and change by-laws, prescribe rules and regulations for the appointment, term of office, duties and fees of their officers, the government of the association, and the general supervision and control of its property. Said board may for cause remove any of the officers of its appointment. § 8. Said association shall have a corporate seal, with such device and inscription thereon as may be determined by said board of directors. All deeds and other writings, made or issued by said association, shall be signed by the president, attested by the secretary, and sealed with said corporate seal. § 9. Said board of directors shall cause to be kept and preserved in a book or books provided by them for that purpose, a full and complete record of all their meetings, proceedings, orders, purchases and sales of property, with the names of parties thereto; also a complete register of the burials in said cemetery, with the names and ages of the dead; which book of record, as well as all other books kept by the board of directors, or their secretary, shall at all times be open for the inspection of the members of the association. § 10. The right of property to any lot or lots in said cemetery shall be vested in the purchaser by certificate of purchase, signed by the president, and attested by the secretary; every transfer of such certificate shall be made by surrendering the same, to the secretary, who shall issue a new certificate to the assignee, and cancel the former. Lots owned by individuals in said cemetery shall not be subject to be sold on execution for debt. § 11. A plat of said cemetery shall be made by some competent surveyor under the direction of said board of directors,294 CHARTERS OE RAILROADS attested by the said surveyor, and acknowledged by the president of said association, before any officer authorized to take acknowledgment of deeds, and when so attested and acknowledged shall be recorded in the recorder’s office of said county of Cook, and state of Illinois, and such recording shall give to the record all the force, effect and virtue that is by law given to records of town plats. § 12. All the property and effects of this association shall be exempted from taxation. § 13. This shall be considered a public act, and shall be construed beneficially for all purposes herein specified or intended, to be in force from and after its passage. Amendment, March 7, 1867. [Pr. Laws, 1867, p. 227.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any person who shall willfully destroy, mutilate, deface, injure, cut,, break, loosen, tear up or remove any tomb, monument, stone, vault, ornament, fence, tree, shrub, flower, plant, railing or building, or object whatever, in or about the said cemetery, or in any avenue, lot, or part thereof, or shall fish, hunt, or shoot or discharge any gun, pistol, or firearms, or fire-works, or other missiles within the limits of said cemetery, or shall cause any shot or missile to be discharged into or over any portion of said [cemetery], or shall violate any of the rules made and established by the board of directors, as hereinafter provided, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof before any justice of the peace in Cook county, be punished by a fine of not less than five dollars, nor more than one hundred dollars, or by such fine and imprisonment in the county jail, for not less than one, nor more than thirty days, and shall stand committed until such fines are paid. One-half of such fines shall go to the cemetery company, and the other half in the manner provided by law for the disposition of fines. Nothing herein contained shall deprive the said association from maintaining an action of trespass for the recovery of damages occasioned by an injury resulting from a violation of the provisions of this act, or of the rules established by the board of directors, which said damages, when recovered, shall be applied in repairing the injuries so made. § 2. The said board of directors are hereby authorized to make rules regarding the driving of buggies, carriages, processions, vehicles and teams, and the speed thereof, the use of the avenues, lots, walks, ponds, lakes, water courses, vaults, buildings or other places, or for the maintenance of good order, quiet and sobriety, in the said cemetery, or in the streets adjoining the same, or about the gates thereof, and all persons found guilty of a violation of such rules shall be punished in the manner provided in the foregoing section, and the said directors shall cause to be posted copies of said rules at each gate, and in two or more public places in the said cemetery. No justice of the peace shall be dis-AND OTHER CORPORATIONS. 295 qualified from hearing any cause that may be brought before him under the provisions of this act, nor shall any person be disqualified from testifying in such cause, or acting as a juror therein by reason of any interest they or either of them shall have in the stock or lots of said association. § 3. The directors are hereby authorized to appoint one or more policemen, who shall be authorized to arrest, on any day of the week, without process, any person suspected of a violation of the provisions of the second section of this act, or of the rules established by the directors, as hereinbefore provided, and carry such offender before any justice of the peace in Cook county, who shall thereupon proceed to hear and determine the case, and in case of guilt, impose such fine and penalty as the nature of the case requires, pursuant to the provisions herein contained. Any such policeman shall have the right to call to his assistance any and all persons whose assistance may be needed in the exercise of his authority. § 4. The capital stock of said company shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each, and deemed personal property, and transferable as such on the books of the association, in such manner and subject to such rules and regulations as the directors shall determine. Each share of stock shall entitle the holder thereof to one vote at the election of directors, or to increase the capital stock, or determination of such other questions as shall be submitted to them by the directors. Nothing herein shall be construed as invalidating the certificates of stock already issued, or interest in said association, or any of the acts of the directors or officers of said association, and the said corporation is deemed fully organized for all the purposes contained in this act, or the act to which this is an amendment. The directors and officers of said association shall be elected by the stockholders, at their annual meeting, and shall hold their offices respectively for one year, and until their successors are chosen and qualified, and the directors may fill vacancies in their number. The said association may, at any annual meeting, or special meeting called for that purpose, increase the capital stock from time to time, to any amount they may deem necessary for the interest and growth of said cemetery. Section five (5) of the act to which this is an amendment, is hereby repealed. § 5. The said board of directors shall have the power to make such improvements in the said cemetery, or the streets adjoining the same, as they shall deem proper, and may regulate and control the manner in which trees and shrubs shall be planted, or the erection of tombs, monuments, vaults, stones and railings, or other improvements or ornaments, in and about any lot that may belong to or be occupied by any person in said cemetery. The said directors shall make a report of their proceedings at each annual meeting of the stockholders.296 CHARTERS OF RAILROADS § 6. The said association may purchase and own lands for their said cemetery, not exceeding in all five hundred acres, and may subdivide the same into lots, and no road, street, alley or thoroughfare shall be laid out or opened through their said grounds, or any part thereof, without the consent of the directors; nor shall any corporation now existing, or hereafter created, be authorized to take, hold or possess any portion of said cemetery by condemnation, without such consent. The said directors shad have power to donate for charitable purposes, one or more lots in said cemetery. § 7. So much of the act to which this is an amendment, as is inconsistent herewith, is hereby repealed, and this act shall be a public act, and be in force from and after its passage. Amendment, March 15, 1869. [1 Pr. Laws 1869, p. 321.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the said cemetery association shall have power and authority to borrow, from time to time, such amount or amounts of money, not to exceed in all the sum of thirty thousand dollars, and at a rate of interest not to exceed ten per cent, per annum, for the purpose of paying any indebtedness of said company, or to carry into effect any of the objects specified in its original act of incorporation; and, for such purpose, the said association shall have power and authority to issue its bonds, or other evidences of indebtedness; and no cash dividend shall be made upon the stock of said association until all of its indebtedness shall be paid and satisfied; after which it may declare and pay, from time to time, such dividends, out of the proceeds of sale of lots, or other sources of income, upon its stock, as its directors shall think proper; but this section shall not be so construed as to prevent dividends in stock being credited to the stockholders yearly; and such stock dividends may be declared, and stock issued for the same. § 2. The real estate of the said association, so long as the same shall remain dedicated to the purposes of a cemetery, and the lots or plats thereof, when conveyed by said association to individual proprietors, for burial purposes, shall be exempt from all assessments whatsoever, except lor drainage, or for road purposes. § 3. All lots sold for burial purposes by said association, when conveyed to individual proprietors, shall be indivisible, but may be held and owned in undivided shares. § 4. The board of directors may, from time to time, set apart and invest such portion of the proceeds of sales of lots for the permanent improvement of and keeping up, in good order, the said cemetery, as they may deem expedient; and the sums thus set apart, shall never be diverted from such use. § 5. This act is declared to be a public act, and shall be in force from and after its passage.AND OTHER CORPORATIONS. 297 CHICAGO AND CALUMET HORSE AND DUMMY RAILROAD. AN ACT to incorporate the Chicago and Calmnet Horse and Dummy Railroad Company. [2 Pr. Laws 1867 (5th March), 80.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That Charles H. Machin, John G. Osborne, John L. Thompson, Benjamin F. Smith and Charles C. Copeland, and their associates and successors, are hereby made a body corporate and politic, by the name and style of “The Chicago and Calumet Horse and Dummy Railroad Company,” and as such corporation, shall exist, with all the powers herein granted, for the period of twenty-five years only; may sue and be sued, have a common seal, may make by-laws, make contracts, and have and enjoy so much real estate as shall he necessary for their business. § 2. It shall be lawful for said company to locate a horse or dummy engine railroad, with one or more branches, and along and upon any of the streets, roads or highways in the county of Cook, outside the limits of the city of Chicago, and east of a line corresponding with the west line of State street, in Chicago, if extended, that shall be designated and approved by the board of supervisors of Cook county. And the said company may extend their railroad or branches, from time to time, subject to the same approval, and may construct and operate the same, with necessary turnouts, switches and side tracks, and run thereon cars drawn by horses, or cars with engines attached, commonly called dummy engines, for the carrying of passengers; and may charge and collect fare therefor. The said road shall not extend into the city of Chicago, nor shall said company have power to condemn lands or lots for the use of their road. § 3. The capital stock of said company shall be one hundred thousand dollars, but the same may be increased, from time to time, by a vote' of the stockholders, to three hundred thousand dollars. The stock shall be divided into shares of one hundred dollars each, to be deemed personal property, and transferable as such on the books of the company, in the manner prescribed by the by-laws. § 4. The business of the company shall be conducted by a board of five directors, who shall have power to appoint officers and agents, and prescribe their duties; to make by-laws, to determine times when, and the installments in which the stock shall be paid. The directors shall be elected annually by the stockholders. Each share of stock shall entitle the holder thereof to one vote in the election of directors, and in increasing the capital stock. § 5. This act shall be a public act, and be in force from and after its passage.298 CHARTERS OF RAILROADS CHICAGO CITY RAILWAY COMPANY. AN ACT to promote the construction of horse railways in the city of Chicago. [Pr. Laws 1859 (14th Feb.), 530.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That Franklin Parmelee, Liberty Bigelow, Henry Fuller, and David A. Gage, and their successors, be, and they are hereby created and constituted a body corporate and politic, by the name of “The Chicago City Railway Company ” (for ninety-nine years, with all the powers and authority hereinafter expressed, or pertaining to corporations, for the purposes hereafter mentioned). [As amended 1 Pr. Laws 1865 (6th Feb.) 597; the original act being twenty-five years.] . § 2. The said corporation is hereby authorized and empowered to construct, maintain and operate a single or double track railway, with all necessary and convenient tracks for turn-outs, side tracks and appendages, in the city of Chicago, and in, on, over and along such street or streets, highway or highways, bridge or bridges, river or rivers, within the present or future limits of the south and west divisions of the city of Chicago, as the common council of said city have authorized said corporations, or any of them, or shall from time to time authorize said corporations, or either of them, so to do, in such manner, and upon such terms and conditions, and with such rights and privileges, immunities and exemptions, as the said common council has, or may, by contract with said parties, or any or either of them, prescribe; and any and all acts or deeds of transfer of rights, privileges or franchises, between the corporations in said several acts named, or any two of them, and all contracts, stipulations, licenses, and undertakings, made, entered into or given, and as made or amended by and between the said common council and any one or more of the said corporations, respecting the location, use or exclusion of railways in or upon the streets, or any of them, of said city, shall be deemed and held and continued in force during the life hereof, as valid and effectual, to all intents and purposes, as if made a part, and the same are hereby made a part of the said several acts: Provided, that it shall be competent for the said common council, with the written consent or concurrence of the other party or parties, or their assigns, to any of said contracts, stipulations, licenses or undertakings, to amend, modify or annul the same. But said corporation shall not, or any or either of them, be liable for the loss of any property or thing carried on said railways, kept in and under the care of its owner, his servant or agent: Provided, that any contract hereafter made by the com- mon council of the city of Chicago with either of the corporations referred to in this act, for a higher rate of fare than five cents, shall be subject to modification or repeal at any regular meetingAND OTHER CORPORATIONS. 299 of said common council, by a majority vote of ail the aldermen elected, or by the general assembly of the state of Illinois. [As amended 1 Pr. Laws 1865 (6th Feb.), 597.] § 3. The capital stock of said corporation shall be one hundred thousand dollars, and may be increased from time to time at the pleasure of said corporation. It shall be divided into shares of one hundred dollars each, and be issued and transferred in such manner and upon such conditions as the board of directors of said corporation may direct. § 4. All the corporate powers of said corporations shall be vested in and exercised by a board of directors, and such officers and agents as said board shall appoint. The first board of directors shall consist of said Franklin Parmelee, Liberty Bigelow, Henry Fuller and David A. Gage, and thereafter of not less than three nor more than seven stockholders, who shall be chosen each and every year by the stockholders, at such time and in such manner as the said corporation shall by its laws prescribe. The said directors shall hold their offices until their successors are elected and qualified, and may fill any vacancies which may happen in the board of directors by death, resignation or otherwise. They may also adopt such by-laws, rules and regulations, for the government of said corporation and the management of its affairs and business, as they may think proper, not inconsistent with the laws of this state. § 5. The said corporation is hereby authorized to extend the said several railways herein authorized to be built, in the manner aforesaid, to any point or points within the county of Cook, in this state; and, to enable said corporation to construct any and all the railways herein authorized, or their appendages, the said corporation is hereby vested with power to take and apply private property for the purposes and in the manner prescribed by an act entitled “An act to amend the law condemning right of way for purposes of internal improvement,” approved June 22, 1852, and the several acts amendatory thereof, and may exercise all the powers conferred upon railroad corporations by the twenty-fifth and twenty-sixth sections of “ An act to provide for a general system of railroad incorporation,” approved November 5, 1849, ascertaining and making recompense for all damages sustained agreeably to the provisions of the act hereinbefore first mentioned. § 6. The said corporation is hereby authorized, with the assent of the supervisor of any township, to lay down and maintain its said railway or railways, in, upon, over and along any common highway in said township, but in such manner as not to obstruct the common travel of the public over the same. In all cases where vehicles shall meet the cars or carriages of said railways, either in the city or country, said vehicles shall give way to the cars or carriages on the railway.300 CHAKTEBS OF EAILEOADS § 7. All the rights and privileges granted, or intended so to be, to said Franklin Parrneiee, Liberty Bigelow, Henry Fuller and their associates, in and by the ordinances of the common council, and the amendments thereto, are hereby, in all things, affirmed, and shall pass to and become vested in the corporation hereby created. § 8. Nothing herein contained shall authorize the construction of more than a single track, with the necessary turn-outs, which shall only be at street crossings, upon State street between Madison and Twelfth streets, except by the consent of the owners of two-thirds of the property, in lineal measurement, lying upon said State street between Madison and Twelfth streets aforesaid, nor shall anything herein contained be construed to authorize the company, hereby incorporated, to permit the cars of any other railroad company whatever, propelled by steam, to be run along or upon the railway of the company hereby incorporated. § 9. The said company hereby incorporated shall, within two years from the passage of this act, erect, maintain and operate two railways; one from Lake street to the southern boundary of the city, and one from the south branch of the Chicago river, on Madison street, to the western boundary of said city; and upon failure to do so, this act, and all the privileges and franchises hereby conferred, shall cease and determine.* (Each of said corporations shall be authorized to purchase, hold and convey real or personal estate, necessary for the use of such corporation, and to manufacture materials, machinery and rolling stock for the use of such corporation.) [§ 4 amendatory act, 1 Pr. L. (6th Feb.) 597.] § 11. This act shall be deemed a public act, and noticed by all courts as such without pleading, and shall take effect from its passage. § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That the Chicago City Railway Company, by and with the consent of the respective boards of trustees of the several towns of Cook county, in any township outside of the city of Chicago, and within which any of its lines may be constructed, may acquire the right to operate and may operate its said lines with steam dummy engines. § 2. This act shall be deemed a public act, and take effect from and after its passage. [2 Pr. Laws 1869 (March 11), 440.] * § 10 incorporates with like powers the North Chicago Railway Company.SPECIAL ORDINANCES. 301 ORDINANCES. Granting Certain Rights and Privileges to Corporations, within the Village of Hyde Park. ILLINOIS CENTRAL RAILROAD COMPANY. Be it ordained by the Board of Trustees of the Town of Hyde Park: That permission is hereby given to the Illinois Central Railroad Company to lay down a single railroad track with necessary turn-outs, and to operate thereon their engines and carson Seventy-first street, in Hyde Park, from the intersection of said street with the right of way of said Company, east to the northeast corner of section twenty-five, town thirty-eight north, range fourteen, east third principal meridian: On condition, that the said Company shall and will erect and maintain platforms and depothouses at the following points, to wit: 1st. On said Seventy-first street, at its intersection with said right of way. 2d. On said Seventy-first street, at its point eighty rods east of the center of Stony Island Avenue. And upon the further condition, that such Company shall and will stop all their regular trains, for passengers, that may run over said track, at the depots aforesaid, in order that persons may get on and off of said trains if any passenger desires to get on or off. Passed and approved August 2, 1869. Whereas, The Village of Hyde Park did on the second day of August, 1869, grant to the Illinois Central Railroad Company the right to construct, maintain and operate a railroad track on 71st street, from the Illinois Central right of way to Railroad avenue; and, whereas, said right was transferred by the Illinois Central Railroad Company to the Chicago and Indiana Railroad Company, said transfer being ratified and confirmed by the Village of Hyde Park, by ordinance bearing date of the 15th of March, 1873. Therefore be it ordained by the President and Board of Trustees of the Village of Hyde Park; § 1. That the said last mentioned ordinance be, and the same is hereby repealed. Passed and approved September 18, 1882. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority are hereby given to the Illinois Central Railroad Company to lay down, maintain and operate for passenger traffic only, a single track commencing at a point on the right of way of the said Railroad Company between Sixtieth and Sixty-first streets; thence southwesterly by a curve302 SPECIAL ORDINANCES OF to the center of Sixty-first street, at a point not less than ten (10) feet east of the east line of Madison avenue; thence westerly, along the center of said Sixty-first street, to a point one thousand (1000) feet west of the west line of Cottage Grove avenue. Also a switch track connecting with the aforesaid track at a point west of the west line of Cottage Grove avenue, and extending west along said Sixty-first street, to a point twelve hundred and eighty (1280) feet west of the west line of said Cottage Grove avenue. § 2. The permission and authority hereby given are upon the following express conditions: That said Company has procured the requisite and necessary consent from owners of property abutting on said Sixty-first street; that said Company will save and keep harmless the said Village of Hyde Park, from all costs and damages in consequence of the laying and operation of said tracks; that said Company will remove said tracks from said Sixty-first street, and restore the said street, and the crossings thereof with other streets, to substantially as good condition as now exists, on or before the first day of November, A. D. eighteen hundred and eighty-five (1885); that said tracks in Sixty-first street, at the intersection of other streets, shall be provided with suitable and proper crossings for vehicles; that said Company will, before it begins to lay said tracks or either of them, execute to the Village of Hyde Park a bond with sureties, to be approved by this Board, in the penal sum of fifty thousand dollars, ($50,000) for the faithful and complete performance of all the conditions aforesaid. Passed and approved, June 13, 1885. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority are hereby given to the Illinois Central Railroad Company to lay down, maintain and operate for passenger traffic only, a single track commencing at a point on the right of way of the said Railroad Company, between Sixtieth and Sixty-first streets; thence southwesterly by a curve to the center line of Sixty-first street, at a point not less than ten (10) feet westerly along the center of said Sixty-first street, to a point one thousand (1000) feet west of the west line of Cottage Grove avenue. Also a switch track connecting with the aforesaid track at a point west of, the west line of Cottage Grove avenue, and extending west along said Sixty-first street, to a point twelve hundred and eighty (1280) feet west of the west line of said Cottage Grove avenue. § 2. The permission and authority hereby given are upon the following express conditions: that said Company has procured the requisite and necessary consent from owners of property abutting on said Sixty-first street; that said Company will save and keep harmless the said Village of Hyde Park from all costsTHE VILLAGE OF HYDE PAKK. 303 and damages in consequence of the laying and operating of said tracks; that said Company will remove said tracks from said Sixty-first street, and restore the said street and the crossings thereof with other streets, to substantially^ as good condition as now exists, on or before the first day of November, A.. D. eighteen hundred and eighty-six (1886); that said tracks in Sixty-first street, at the intersection of other streets, shall be provided with suitable and proper crossings for vehicles; that said Company will, before it begins to lay said tracks, or either of them execute, to the Village of Hyde Park, a bond with sureties to be approved by this Board, in the penal sum of fifty thousand dollars (*150,000) for the faithful and complete performance of all the conditions aforesaid. Passed and approved May 31,1886. LAKE SHORE AND MICHIGAN SOUTHERN RAILROAD COMPANY. Beit ordained by the President and Board of Trustees of the Pillage of Hyde Park: § 1. That the Lake Shore and Michigan Southern Railroad Company have and are hereby granted permission to locate, construct and maintain a curve, connection and tracks from the main line ^ of said Railroad Company at South Chicago, north west of Ninety-fifth street, passing across South Chicago avenue, and from thence to a connection with the .branch line of the Chicago, Rock Island and Pacific Railroad, as shown and set forth in the annexed plat* or sketch of said lines and the connection for which permission is hereby granted. The said Railroad Company to make and maintain a good crossing over all the streets crossed by said tracks, and to pay all damages which may be occasioned to private property by the making of said curve, connection and tracks. Passed and approved Aug. 28,1875. BALTIMORE, PITTSBURG & CHICAGO RAILWAY COMPANY, ILLINOIS DIVISION.! Be it ordained by the President and Board of Trustees of the Pillage of Hyde Park: § 1. That permission be and is hereby granted to the Baltimore, Pittsburg and Chicago Railroad Company, Illinois Division, to construct and lay one or more railroad tracks upon that certain strip of land, not exceeding one hundred feet in width, which said company may acquire in said Village, commencing on the line of *The plat which forms a part of the ordinance is omitted, t This company was organized and incorporated under the general law for the incorporation of Railroad Companies in force March 1, 1872.304 SPECIAL ORDINANCES OF said railway, at a point on the boundary line between the States of Indiana and Illinois, thirty-three feet north of the north line of the right of way of the Lake Shore and Michigan Southern Railway Company; thence running northwesterly, crossing the Calumet river in blocks one hundred and nine and one hundred and eight of the subdivision of the Calumet and Chicago Canal and Dock Company, in sections five and six, south of the Indian boundary line in town thirty-seven north, range fifteen, east third principal meridian; thence northwesterly through block one hundred and seven, and through the center of blocks ninety, eighty-six, sixty-eight, fifty-six, thirty-nine, twenty-six and seven, of said subdivision; thence northwesterly through section thirty-one, town thirty-eight north, range fifteen, east third principal meridian; and thence northwesterly through sections thirty-six and twenty-five, town thirty-eight north, range fourteen, east third principal meridian, crossing Stony Island Avenue, and thence northwesterly through blocks two, seven, eight and nine, of Ingraham’s subdivision of the northeast quarter of section twenty-six, town thirty-eight north, range fourteen, east third principal meridian, known as Oakwood Park; thence through blocks four, five and three, in Scammon and Dickey’s subdivision of west half southeast quarter, section twenty-three, town thirty-eight north, range fourteen, east third principal meridian, to the Illinois Central Railroad right of way south of the center line of section twenty-three and twenty-four in town thirty-eight north, range fourteen, as well as across any street, or alley in their line of road within the boundaries aforesaid: Provided, said Company shall pay any and all damages arising from, or in any way growing out of such taking or using such portion of said streets or alleys or any of them, to any and all persons injured or damaged by the same: And provided, said Railroad Company shall construct and maintain good and convenient crossings and sidewalks, and upon such grade or grades as maybe from time to time required by the Board of Trustees, as well as cattle guards, culverts and warning tables across their tracks and grounds at the intersection of all streets and alleys now existing, or which may hereafter be authorized or opened by said Board, and comply with, and be subject to all laws and ordinances of said Village now in force, or which may hereafter be adopted. § 2. This ordinance shall not take effect until after said Company shall have entered into a bond with, or to said Village of Hyde Park, in the penal sum of one hundred thousand dollars conditioned for the payment of all damages for which the said Village may become liable to any person or persons by reason of the said road entering or running through a portion of said Village, or by reason of said Company constructing, laying down, using or occupying said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, and to any person orTHE VILLAGE OF HYDE PARK. 305 persons whomsoever by reason of said Company constructing, laying down, maintaining, using and occupying said railroad track or tracks, or crossing said streets or alleys within the said Village of Hyde Park. Passed and approved, Aug. 31, 1874. DALTON & SOUTH CHICAGO RAILROAD COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission be and is hereby granted to the Dalton & South Chicago Railroad Company, to construct and operate one or more railroad tracks, in and upon that certain strip of land not exceeding one hundred feet in width, which said company may acquire in said Village, commencing on the line of said railway where the same enters said Village on the south line of section thirty-four (34), town thirty-seven (37) north, range fourteen (14), east of the third principal meridian, and running thence north, crossing the Calumet river, and curving to the east until it reaches the center line of said section thirty-four (34), and thence east through said section thirty-four (34) and section thirty-five (35), and passing thence through sections thirty-six (36), twenty-five (¿5), twenty-four (24) and thirteen (13) in said town thirty-seven (37), range fourteen (14), and through sections eight (8), seventeen (17), eighteen (18) and nineteen (19) in town thirty-seven (37) north, range fifteen (15) east, and also through sections five (5), six (6) and seven (7), both north and south of the Indian boundary line in town thirty-seven (37) north, range fourteen (14) east, as well as across any street or alley in their line of road within the boundaries aforesaid. Provided, said Company shall pay any and all damages arising from, or in any way growing out of such taking and using such portions of such streets or alleys, or any of them, to any and all persons injured or damaged by the same, and provided, said Railroad Company shall construct and maintain good and convenient crossings and sidewalks, and upon such grade or grades as may be from time to time required by the Board of Trustees, as well as cattle guards, culverts and warning tables, across their tracks and grounds at the intersection of all streets and alleys now existing, or which may hereafter be authorized or opened by said Board, and comply with, and be subject to all laws and ordinances of said Village now in force, or which may hereafter be adopted. § 2. This ordinance shall not take effect until after said Company shall have entered into a bond with or to said Village of Hyde Park, in the penal sum of fifty thousand dollars, conditioned for the payment of all damages for which the said Village may become liable, to any person or persons, by reason of the said 20308- special 0KDINA1STCES OF road entering or running through a portion of said village,, or by reason of said Company constructing, laying down, using or occupying said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, and to any person or persons whomsoever, by reason of said Company constructing, laying down, maintaining, using and occupying said railroad track or tracks, or crossing said streets or alleys within the Village of Hyde Park. Passed and approved August 24, 1878. CHICAGO & WESTERN INDIANA RAILROAD COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission be and is hereby granted to the Chicago & Western Indiana Railroad Company to locate, construct, lay down and forever hereafter operate with steam power, a line of railroad with one or more tracks upon the following route, viz.: Commencing on the line of said railroad, at a point on the south boundary line of the Village of Hyde Park in the center of the west half of section thirty-four (34), town thirty-seven (37) north, range fourteen (14) east, third principal meridian, and thence northward to about the center of the northwest quarter of section twenty-seven (27), same town and range, and thence northwestwardly to the east boundary line of the Township of Calumet, Cook County, Illinois, or upon the line aforesaid extended northwardly through the center line of the west halves of sections thirty-four (34), twenty-seven (27), and twenty-two (22), until about half a mile south of Kensington station, and thence northwestwardly to the western boundary line of the Village of Hyde Park, or if the said Railroad Company shall so elect, the line may be located upon and over the center line of the west half section thirty-four (34) as aforesaid to the northern boundary line of the section, and thence northwestwardly through the southwest quarter of section twenty-seven (2?) aforesaid to the eastern boundary line of the Township of Calumet, Cook County, Illinois, with the right on the part of the said Railroad Company to occupy and cross all streets and alleys which are necessary to be occupied or crossed, in pursuing either of the routes aforesaid: Provided, said company shall pay any and all damages arising from, or in any way growing out of, such taking or using such portion of said streets or alleys or any of them, to any and all persons injured or damaged by the same. And provided, said Railroad Company shall construct and maintain good and convenient crossings and sidewalks, and upon such grade or grades as may be from time to time required by the Board of Trustees, as well as cattle guards, culverts and warning tables across their tracks and grounds at theTHE VILLAGE OF HYDE PAEK. 307 intersection of all streets and alleys now existing, or which may hereafter be authorized-or opened by said Board, and comply with, and be subject to all laws and ordinances of said Village now in force or which may hereafter be adopted» § 2. This ordinance shall not take effect until after said Com» panv shall have entered into a bond with or to said Village of Hyde Park, in the penal sum of twenty-five thousand dollars, conditioned for the payment of all damages for which said Village may become liable to any person or persons, by reason of the said road entering or running through a portion of said Village, or by reason of said Company constructing, laying down, using or occupying said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, and to any person or persons whomsoever, by reason of said Company constructing, laying down, maintaining, using and occupying said railroad track or tracks, or crossing said streets or alleys within said Village of Hyde Park Passed and approved August lo, 1879, Be it ordained by the President and Board of Trustees of the Village of Hyde Park; § 1» That permission be and is hereby granted to the South Chicago and Western Indiana Railroad Company to locate, construct, lay down and forever hereafter operate with steam power a line of railroad, with one or more tracks, upon the following route, viz.: Commencing on the west boundary line of said Village of Hyde Park in the northwest quarter of section three, thence southeasterly and across sections two, one and part of six to the right of way of the Lake Shore & Michigan Southern and Pittsburg, Fort Wayne & Chicago Railroad Companies, thence northeasterly to and in section five to the lands of the North Chicago Steel Company, near the Government Lighthouse; such railroad to be built north of and along the right of way of the Chicago, Rock Island & Pacific Railroad Company, across said sections three, two, one and part of six, thence crossing to the southeasterly side of the right of way of said Chicago, Rock Island & Pacific Railroad Company, and thence along the southeasterly line of Harbor avenue to said lands of the North Chicago Steel Company in said section five; also commencing near the southeast corner of said section one, thence southeasterly, crossing the right of way of the Chicago, Rock Island and Pacific Railroad Company, thence southerly, along the east side of the right of way of said Chicago, Rock Island and Pacific Railroad Company, to and across section seven and part of section eighteen to the south line of 106th street; also commencing at the south line of 106th street, about 800 feet east of Torrence avenue, thence northeasterly, along the east side of the right of wav of the Pittsburg, Fort Wayne & Chicago Railroad Company to and across sections seven and six, to an intersection with the right of308 SPECIAL ORDINANCES OF way hereinbefore permitted in said section[s] five and six, with the right on part of said Railroad Company to occupy and cross all streets and alleys which are necessary to be occupied or crossed in pursuing either of the routes aforesaid: Provided, said Company shall pay any and all damages arising from, or in any way growing out of such taking or using such portion of said streets or alleys, or any of them, to any and all persons injured or damaged by the same, and provided, said Railroad Company shall construct and maintain good and convenient crossings and sidewalks, and upon such grade or grades as may be required by the Board of Trustees, as well as cattle guards, culverts and warning tables across their tracks and grgunds, at the intersection of all streets and alleys now existing, or which may hereafter be authorized or opened by said Board, and comply with and be subject to all laws and ordinances of said Village now in force or which may hereafter be adopted. § 2. This ordinance shall not take effect until after said Company shall have entered into a bond with said Village of Hyde Park, in the penal sum of twenty-five thousand dollars, conditioned for the payment of all damages for which said Village may become liable to any person or persons, by reason of the said entering or running through a portion of* said Village, or by reason of said company constructing, laying down, using or occupying said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, and to any person or persons whomsoever, by reason of said Company constructing, laying down, maintaining using .and occupying said railroad track or tracks, or crossing said streets or alleys within the said Village of Hyde Park. § 3. That the rights and privileges granted to the said Railroad Company by the first section of this ordinance, are granted, upon the further conditions contained in this section, to wit: That neither the said Railroad Company, nor the lessee or assignee thereof, shall exact, receive from or charge local passengers who shall purchase and pay for any commutation ticket or tickets, of not less than one hundred miles at a time, more than one and one-half cents per mile for a single passenger fare, for riding upon the said railroad anywhere within the said Village of Hyde Park. Passed and approved May 5, 1880. Be it ordained by the President and Board of Trustees of the ‘Village of Hyde Park: § 1. That permission be and is hereby granted to the South Chicago and Western Indiana Railroad Company to locate, construct, lay down, and forever hereafter operate by steam power, a branch railroad of one or more tracks, from a point on the branch to Brown’s Mill, as located by said South Chicago and Western Indiana Railroad Company, not more than one hundred and fiftyTHE VILLAGE OF HYDE PARK. 309 (150) feet south of Ninty-sixth street, thence making a proper curve in a northwesterly direction so as to connect with a line running southwesterly, parallel to the Pittsburg, Fort Wayne and Chicago Railroad Company’s right of way, and between said right of way and the car axle factory, and extending to the Calumet river, with the right on the part of said Railroad Company to occupy and cross all streets and alleys, which are necessary to be occupied or crossed in pursuing the route aforesaid: Provided, said Railroad Company shall pay any and all damages arising from, or in any way growing out of, such taking or using such portion of said streets or alleys, or any of them, to any and all persons injured or damaged by the same; and provided said Railroad Company shall construct and maintain good and convenient crossings and sidewalks, upon such grade or grades as may be from time to time required by the Board of Trustees, as well as cattle guards, culverts and warning tables, across their tracks and grounds, at the intersection of all streets and alleys now existing, or which may hereafter be authorized or opened by said Board, and comply with, and be subject to, all laws and ordinances of said Village now in force or which may hereafter be adopted. § 2. This ordinance shall not take effect until after said Railroad Company shall have entered into a bond with or to said Village of Hyde Park, in the penal sum of twenty-five thousand dollars, conditioned for its payment of all damages for which said Village may become liable to any person or persons, by reason of said road entering or running through a portion of said Village, or by reason of said Company constructing, iaying down, using or occupying said railroad track or tracks within said Village; and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, and to any person or persons whomsoever, by reason of said Company constructing, laying down, maintaining, using and occupying said streets or alleys within the said Village of Hyde Park. Passed and approved November 26, 1880. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission be and the same is hereby granted to the South Chicago and Western Indiana Railroad Company to locate, construct, lay down, and forever hereafter operate with steam power lines of railroad, with one or more tracks upon the following routes, namely: Commencing at a point on the south line of said town between the center of Sections 31 and 32, near the state line; thence northwesterly between a limit not exceeding one mile in width, crossing the Calumet river between Chittenden bridge and on the point where Torrence avenue would intersect said river, and running in the same direction until an intersection is made with said Torrence avenue; thence north upon Torrence avenue to the south line of One Hundred and Tenth street; thence, bearing to the east, upon such ground as said310 SPECIAL. ORDINANCES OF Railroad Company may acquire, until it intersects with the line of said Railroad Company at a point, authorized by a former ordinance granted by said town to said Company on May 5, 1880, and making a connection from said line on the south side of One Hundred and Sixth street, so as to connect with a branch, authorized by said last named ordinance, extending alongside of the right of way of the Pittsburg, Foft Wayne and Chicago Railway Company. Also a line upon the following route: Commencing on the last named line at Torrence avenue, near One Hundred and Twelfth street, and thence running in a northwesterly direction, within a limit of one mile wide, to< a point near the northwest corner of Section 11, and connecting with the main line of said Railway Company, near where it crosses the Illinois Central Railroad; thence following in about the same direction, until it reaches at or near the northwest corner of said town. Also another line commencing at a point on said first named line in the southwest quarter of section 30, town. 37, range 15, thence in a northeasterly direction between the Calumet river and what is known as Hyde Lake, till it intersects Phillips avenue, at the center of Section 19, thence following on the line of Phillips avenue on such streets as may be on a line therewith, to a point near One Hundred and Seventh street, thence in a northeasterly direction to the north side of One Hundred and Sixth street, about sixty rods east of said Phillips avenue, thence north on avenue to the north side of Ninety-fifth street, thence bearing in a northeasterly direction till it strikes Douglas Slip, thence southeasterly alongside said slip to said Ninety-fifth street, thence along said last named street to Lake Michigan. Also another line along the following route, viz.: Commencing at a point on said last described line, south of where it crosses the right of way of the Pittsburg, Fort Wayne and Chicago Railroad Company, thence northwesterly along the said last named right of way, till it intersects the tracks already laid by the South Chicago and Western Indiana Railroad Company, near Ninety-fifth street; and in connection therewith the further authority and permission at any and all times * hereafter to lay down such turn-outs, “ Y’s ” and sidings on the different lines above set forth as such Railroad Company may deem necessary, in order to enable it to reach any station, depot grounds, manufacturing establishments, elevators, coal and lumber yards, and also maintain proper switching grounds in connection with its lines of railroad, and at any railroad crossing at present or hereafter constructed in the Town of Hyde Park, and which may be crossed or intersected by said Railroad Company. It being understood that said Railroad Company hereby has consent to cross any and all streets, alleys and highways on the different lines aforesaid, as well as in the direction of the different Railroad connections referred to in the last paragraph, and with the further permission and grant to said Railroad Company, the use of the east thirty-six feet of the following streets and ave-THE VILLAGE OF HYDE PAKE. 311 mies lengthwise, for the purpose of laying the said tracks, viz.: Torrence avenue, Phillips avenue and “ M ” avenue, and the north thirty-six (36) feet of 95th street: Provided, the use of said streets and avenues lengthwise are upon the condition that said Railroad Company shall, whenever so directed by the said Board of Trustees, grade the remaining part of said streets and avenues, in such manner as to render that portion of the same passable for teams, and further, that upon Torrence avenue, whenever the travel shall increase so that said Board shall consider it necessary for the best interest of the public to have a board fence erected on the west side of said portion of Torrence avenue, on which said Railroad Company is authorized hereby to lay its tracks; then said Company shall, within sixty (60) days after notice, from said Board, erect such a fence on such line, as may be indicated by said Board, that will permit said Railroad Company to use the strip hereby granted to said Company for the purposes herein stated. § 2. Permission is also hereby granted to the said South Chicago & Western Indiana Railroad Company to erect, and forever thereafter maintain, a telegraph line consisting of one or more lines of wires, with necessary poles, along said line of said Railroad Company, on the different routes before designated, but upon the condition that the poles hereby authorized to be erected shall be placed in such position where they are upon any street, highway or alley, as shall be directed by the Board of Trustees or officers of said town. § 3. The privileges and authority hereby granted to said Company are granted upon the express conditions that said Company, its successors and assigns, will promptly fulfill all obligations or duties that are now, or may hereafter be, imposed by ordinance by its Board upon railroad companies generally in the Town of Hyde Park, and in respect to ditches, drains, culverts, and the suitable and proper maintenance of the street and railway crossings of the tracks of said Company, and in respect to police and sanitary regulations. § 4. The rights and privileges hereby granted are so granted upon the express understanding and condition, that said Railroad Company shall erect over the Calumet river at the two points where it crosses the same, a good and substantial drawbridge, with a draw not less than thirty (30) feet in the clear, and shall forever thereafter maintain the same, and upon the further condition that said Company shall provide for a keeper of said bridge, so that at all seasonable hours the same shall be open, for the passage of such vessels and steamers as may desire to pass through the same. § o. Where said Railroad Company shall construct its tracks lengthwise upon any public street or highway, such tracks shall be by said Company laid in such manner as to interfere as little as practicable with the use of such streets by teams and pedestrians; said Railroad Company shall at all times keep such tracks in such condition as to allow the free and easy passage of vehicles over them. It being“ understood, in granting the privileges here-312 SPECIAL ORDINANCES OF tofore set forth, that said Railroad Company shall have the riVht to acquire from private owners by purchase, donation, condemnation, or otherwise, such a width of right of way on the different routes aforesaid as is authorized by law, and may occupy any street, highway or alley, or part of street, highway or alley, on the different lines upon the routes as indicated aforesaid, lengthwise by their said tracks, where it can be done so as to comply with the conditions aforesaid. § 6. The privileges and authority hereby granted to said Railroad Company are granted upon the express condition, that said Company, its successors, grantees, lessees and assigns shall forever indemnify and save harmless the Town of Hyde Park against and from any and all damages, judgments, decrees, costs and expenses of the same which it may suffer, or which may be obtained against said Town by reason of the granting of said privileges and authority, or for, or by reason, or growing out, or resulting from the passage of this ordinance, or with the exercise by its grantees, lessees and assigns of the privileges hereby granted under or by virtue of the provisions of this ordinance. § 7. This ordinance shall not take effect until after said Company shall have entered into a bond to said Village of Hyde Park, in the penal sum of $25,000, conditioned for the payment of all damages for which said Village may become liable to any person or persons, by reason of the said road entering or running through the portion of said Village aforesaid, or by reason of said Company constructing, laying down or operating said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, or any person or persons whomsoever, by reason of said Company constructing, laying down or operating said railroad track, or the occupation of said streets or alleys within the said Village of Hyde Park. Passed and approved July 18, 1881. Whereas, On the 18th day of July, 1881, an ordinance was passed by the President and Board of Trustees of the Village of Hyde Park, by which the South Chicago and Western Indiana Railroad Company was granted the right, of way on certain routes therein described, and Whereas, It is for the public interest to so amend said ordinance as to change in part the route as therein set forth, and to extend the limits within which some of its lines may be located and constructed, and to grant such other permissions in connection therewith as is necessary to connect the system of tracks thereby provided for, and Whereas, Since the passage of said ordinance, the said South Chicago and Western Indiana Railroad Company has been merged and consolidated with and into the Chicago and Western Indiana Railroad Company,THE VILLAGE OF HYDE PAKE. 313 Now, therefore, for the purpose of amending said ordinance aforesaid, and vesting the rights granted to said South Chicago and Western Indiana Railroad Company to the Chicago and Western Indiana Railroad Company, Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park, that the ordinance passed on the 18th day of July, 1881, be and the same is hereby amended, so as to read as follows: § 1. That permission be and the same is hereby granted to the Chicago and Western Indiana Railroad Company to locate, construct, lay down and forever hereafter to operate with steam power, lines of railroad with one or more tracks upon such right of way as said Company now owns, may hereafter acquire or may by this ordinance be granted to it, within the limits hereafter defined upon the following described routes and connections herewith, namely: Commencing at some point on the south line of said town, between the center of sections 31 and 32, near the State line, thence in a northwesterly direction within a limit not exceeding one mile in width, to some point on the Calumet river between Chittenden bridge and the point on said Calumet river where Torrence avenue would intersect it, if extended; thence continuing in a northerly direction, within a limit not exceeding 250 feet wide, to the south line of One Hundred and Sixth street, at or near Torrence avenue, so as to make an intersection with the line of said Railroad Company, authorized by a former ordinance as granted by the said Village of Hyde Park, to the South Chicago and Western Indiana Railroad Company on May 5, 1880. And also making the connection from said line on the south side of One Hundred and Sixth street, so as to connect with the branch authorized by said last named ordinance, extending alongside of the right of way of the Pittsburg, Fort Wayne and Chicago Railway Company, and with the further right and permission to extend and connect the line on said last named route with the line indicated by the next described route, such connection to be made within a limit bounded north and south by the center of sections 12 and 13, north of the Indian boundary line. Also, upon the following route, commencing on the last named route east of Torrence avenue, between One Hundred and Eleventh, and 200 feet north of One Hundred and Tenth street, thence running within a limit of not over one mile wide in a northeasterly direction, and making a connection with the line of said Railroad Company, running from its main line to South Chicago by suitable “ Y’s ” connections east and west, and all within a space of one quarter of a mile east and west of the northeast quarter of said section eleven: thence continuing in about the same direction as said main line until it reaches at or near the northwest corner of said Town. Also the following route: Commencing at a point on said first named line in the southwest quarter of section 30, township 3?, north, range 15, thence in a northeasterly direction, between the Calumet river and what is known as Hyde314 SPECIAL ORDINANCES OF Park Lake, until it intersects Phillips avenue at or near section 19, thence following along on either side, or upon the line of said Phillips avenue, or such street or streets as may be in a line therewith to a point near One Hundred and Seventh street, thence in a northwesterly direction to the north side of One Hundred and Sixth street, and about 60 rods east of Phillips avenue, thence north on either side, or upon “ M ” avenue, to the north side of Ninety-fifth street, thence bearing in a northeasterly direction, until it strikes Douglas slip, thence southeast alongside of said slip to said Ninety-fifth street, thence along on either side, upon said last named street, to Lake Michigan; also upon the following route, namely: Commencing at a point on said last described line, within 200 feet south of where it crosses the right of way of the Pittsburg, Fort Wayne & Chicago Railway, thence northwesterly, on a route not to exceed 200 feet from the right of way of said last named Company, until it intersects with the tracks already laid by the said South Chicago and Western Indiana Railroad Company near Ninety-fifth street, and connecting therewith; and it is hereby understood that said Railroad Company, at its discretion, is hereby granted the right to locate and establish its said different lines, within a reasonable distance from the line of said routes, upon lots or lands as it, the said Company, now owns or hereafter may acquire, when the route as herein described is upon any avenue, street or streets. And the further authority and permission at any and all times to lay down such turn-outs and sidings on the different lines above set forth, as such Railroad Company may deem necessary in order to enable it to reach any station, depot grounds, manufacturing establishments, elevators, coal or lumber yards, and also to maintain proper switching grounds in connection with the operation of its lines of railroad, and at any railroad crossing at present or hereafter constructed in the Town of Hyde Park, and which maybe crossed or intersected by said Railroad Company. It being further understood that said Railroad Company hereby has consent to cross any and all streets, alleys and highways with its tracks, side-tracks, turn-outs on the different lines aforesaid, as well as on the routes of the different railroads, and other connections referred to herein, and "with the further permission and grant to said Railroad Company, the use of the east 36 feet of the following streets and avenues lengthwise, for the purpose of laying its tracks, namely, Torrence avenue, Phillips avenue, “M” avenue, and the north 36 feet of Ninety-fifth street: Providedr, the use of said streets and avenues length- wise are upon the condition that said Railroad Company shall, whenever so directed by the said Board of Trustees, grade the remaining part of said streets and avenues in such manner as to render that portion of the same passable for teams; and further, that upon Torrence avenue, whenever the travel shall increase so that said Board shall consider it necessary for the best interest ofTHE VILLAGE OE HYDE PAEK. 315 the public to have a board fence erected on the west side of the said portion of Torrence avenue, on which said Railroad Company is authorized hereby to lay its tracks, then said Company shall within sixty days after notice from said Board, erect such fence on such line as may be indicated by said Board, that will permit said Railroad Company to use the strip hereby granted to said Company, for the purpose herein stated. § 2. Permission is also hereby granted to the Chicago and Western Indiana Railroad Company to erect, and forever hereafter maintain, a telegraph line, consisting of one or more lines of wire, with necessary poles, along said lines of said Railroad Company on their different routes before designated, but upon the condition, that the poles hereby authorized to be erected shall be placed in such position where they are upon any street, highway, or alley, as shall be directed by the Board of Trustees, or officers of said Town. § 3. The privileges and authority hereby granted to said Company, are granted upon the express conditions that said Company, its successors and assigns, will promptly fulfill all obligations and duties that are now or may hereafter be imposed by ordinance by the Board, upon railroad companies generally, in the Town of Hyde Park, and in respect to ditches, drains, culverts, and the suitable and proper maintenance of the street and railway crossings of the tracks of said Company and in respect to police and sanitary regulations. § 4. The rights and privileges hereby granted, are so granted upon the express understanding and condition, that said Railroad Company shall erect over the Calumet River, at the two points where it crosses the same, a good substantial drawbridge, with a draw not less than 30 feet in the clear, and shall forever thereafter maintain the same, and upon the further condition that it, said Company, shall provide for a keeper of said bridge, so that at all reasonable hours the same shall be open for the passage of such vessels and steamers, as may desire to pass through the same. § 5. Where said Railroad Company shall construct its tracks lengthwise upon any public street or highway, such tracks shall be, by said Company, laid in such manner as to interfere as little as practicable with the use of such streets by teams and pedestrians. Said Railroad Company shall at all times keep such tracks in such condition as to allow the free and easy passage of vehicles over them, it being understood in granting the privileges heretofore set forth, that said Railroad Company shall have the right to acquire from private owners by purchase, donation, condemnation or otherwise, such a width of right of way on the different routes aforesaid as is authorized by law, and may occupy any street, highway, or alley, or part of street, highway, or alleys on the different lines upon the route as indicated aforesaid, lengthwise by their said tracks, where it can be done so as to comply with the conditions aforesaid.316 SPECIAL ORDINANCES OF § 6. The privileges and authority hereby granted to said Railroad Company, are granted upon the express condition that said Company, its successors, grantees, lessees and assigns, shall forever indemnify and save harmless the Town of Hyde Park against and from any and all damages, judgments, decrees, costs and expenses of the same, which it may suffer, or which may be obtained against said Town, by reason of the granting of said privileges and authority, or for or by reason, or growing out of, or resulting from the passage of this ordinance, or with the exercise by its grantees, lessees and assigns of the privileges hereby granted under or by virtue of the provisions of this ordinance. § 7. This ordinance shall not take effect until after said Company shall have entered into a bond to said Village of Hyde Park, in the penal sum of $25,000, to take the place of a bond lor the same amount heretofore filed by the said South Chicago and Western Indiana Railroad Company, as provided in said ordinance passed July 18, 1881, conditioned for the payment of all damages for which said Village may become liable to any person or persons, by reason of the said road entering or running through the portion of said Village aforesaid, or by reason of said Company constructing, laying down, and operating said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, or any person or persons whomsoever, by reason of said Company constructing, lay in g down, and operating said railroad track or the occupation of said streets or alleys within the said Village of Hyde Park. Passed and approved April 3, 1882. PULLMAN PALACE CAR COMPANY. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park : § 1. That permission be and is hereby granted to the Pullman Palace Car Company, and its assigns, to locate, construct, lay down and forever hereafter operate with steam power, a line of railroad with one or more tracks upon the following route, viz.: Commencing on the line of the South Chicago and West- e*n Indiana Railroad in section two (2), township thirty-seven (37), north of range fourteen (14), east of the third principal meridian, and running south and southeasterly upon sections eleven (11), fourteen (14), fifteen (15) and twenty-two (22), township thirty-seven (37), north of range fourteen (14), east of the third principal meridian, to a point of junction with the tracks of the Michigan Central Railroad Company at Kensington, Illinois, with the right on the part of said Pullman Palace Car Company, and its assigns, to occupy and cross all streets and alleys, which are necessary to be occupied or crossed in the construction and maintenance of the line of railroad.THE TILLAGE OF HYDE PAKE. 317 § 2. This ordinance shall not take effect until after said Company shall have entered into a bond with or to said Village of Hyde Park in the penal sum of five thousand dollars, conditioned for the payment of all damages for which said Village may become liable to any person or persons, by reason of said road entering or running through a portion of said Village, or by reason of said Company constructing, laying down, using, or occupying said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to said Village of Hyde Park, and to any person or persons whomsoever, by reason of said Company constructing, laying down, using and occupying said railroad track or tracks, or crossing said streets or alleys within said Village: Provided, said Company shall pay any and all damages arising or in any way growing out of, such taking or using such portion of said streets or alleys, or any of them, to any and all persons injured or damaged by the same, and provided that said Companyshall construct and maintain good and convenient crossings and sidewalks, and upon such grade or grades as may be from time to time required by the Board of Trustees, as well as cattle guards, culverts, and warning tables across their tracks and grounds, at the intersections of all streets and alleys now existing, or whicli may hereafter be authorized or opened by said Board, and comply with and be subject to all laws and ordinances of said Village now in force, or which may hereafter be adopted. Passed and approved October 15, 1880. CHICAGO AND EASTERN ILLINOIS RAILROAD COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § I. That permission be, and is hereby, granted to the Chicago and Eastern Illinois Railroad Company to locate, construct and lay down, and forever hereafter operate with steam power, a line of railroad, with one or more tracks upon the following routes, namely: commencing at a point in said Village of Hyde Park, on the line of the Chicago and Western Indiana Railroad south of the river Calumet, and run to the distillery on said river and located at Riverdale, and cross the Thornton road at right angles, at a point about one hundred and twenty-one feet south of the south bank of the river Calumet, with the right on the part of said Railroad Company to occupy and cross all streets and alleys, which are necessary to be occupied or crossed in the construction of said railroad: Provided, said Railroad Companyshall pay any and all damages arising from or in any way growing out of Such taking or using such portion of such streets or alleys, or any of them, to any and all persons injured or damaged by the same; and: Provided, said Railroad Company shall construct and main-318 SPECIAL ORDINANCES OP tain good and convenient crossings and sidewalks, and upon such grade or grades as may be from time to time required by the Board of Trustees, as well as cattle guards, culverts and warning boards across the tracks and grounds at the intersection of all streets and alleys now existing, or which may hereafter be authorized or opened by said Board, and comply with, and be subject to, all laws and ordinances of said Village now in force, or which may hereafter be adopted. § 2. This ordinance shall not take effect until after said Railroad Company shall have entered into a bond with said Village of Hyde Park, in the penal sum of twenty-five hundred dollars, conditioned for the payment of all damages for which said Village of Hyde Park may become liable to any person or persons, by reason of the said railroad entering or running through a portion of said Village of Hyde Park, [or] by reason of said Railroad Company constructing, laying down, using, or occupying said railroad track or tracks in said Village of Hyde Park, and conditioned, also, for the payment of all damages which may arise to the said Village of Hyde Park, and to any person or persons whomsoever, by reason of said Railroad Company constructing, laying down, maintaining, using and occupying said railroad track or tracks, or crossing said streets or alleys within said Village of Hyde Park. Passed and approved November 27, 1882. NEW YORK, CHICAGO AND ST. LOUIS RAILWAY COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park : § 1. That permission be, and is hereby, granted to the New York, Chicago and St. Louis Railway Company to construct, lay down, maintain and operate a railroad with one or more tracks, and such switches, sidings and turn-outs as may bo necessary, along and upon the following route in the Village of Hyde Park, Illinois, to wit: Beginning at a point about three hundred and forty (340) feet west of the southeast corner, section thirty-one (31), on the line between township thirty-six (36) and thirty-seven (37); thence north 55° west to a point in the south half of the southeast quarter of section twenty-five (25), where a line of Gillett avenue in Irondale extended south would intersect said line south of the Calumet river; thence north along said line of Gillett avenue extended to a point north of the Calumet river, between lot No. five (5) of Linn and Hawkinson’s subdivision, and lot No. twelve (12) of Wisner’s subdivision, in center of Gillett avenue; thence north in the center of said Gillett avenue to the north line of One Hundred and Sixth (106th), street in the said Village of Irondale; thence north 27° west, crossing One Hundred and Fifth (105th) street at its intersection with Powell avenue, cross-THE VILLAGE .OF HYDE PARK. 319 ihg One Hundred and Fourth (104th) street at its intersection with Hewes avenue, crossing One Hundred and Third (103d) street at its intersection with Scoville avenue, and One Hundred and Second (102d) street at its intersection with Willett avenue, and also the alleys between said streets; thence through the west half of southeast quarter of section twelve (12) north of the Indiana boundary line, also the west half of the northeast quarter of said section twelve (12); thence across Ninety-fifth (95th) street, and the Chicago, Rock Island and Pacific Railroad, and the Chicago and Western Indiana Railroad; thence through the southwest quarter of section one (1), crossing Ninety-third (93d) street in said quarter section, crossing Ninety-first street on north line of said quarter section; thence through a portion of the northwest quarter of section one (1), crossing Ninetieth (90th) street in the south half of said quarter section; thence crossing Stony Island avenue between said section one (1) and northeast quarter of section two (2); thence through northeast quarter of said section two (2); thence crossing Eighty-seventh (87th) street on north line of said quarter section of said section two (2); thence through the southeast quarter of section thirty-five (35) of township thirty-eight (38), crossing Eighty-third (83d) street on north line of said quarter section thirty-five (35); thence through west half of the northeast quarter of section thirty-five (35); thence through a portion of the northwest quarter of section thirty-five (35) to Rhodes avenue; thence north on Rhodes avenue to the Illinois Central Railroad, and all the alleys between said streets. Said Railway Company are hereby authorized and empowered to change or vary its line above described, for the distance of a mile east or west, as shall best subserve the interests of said Company. § 2. The said Railway Company may cross any and all intervening streets, alleys and railroad tracks upon or along the line of the said route, as designated in the first section, said Company to be subject at ail times to the direction of the proper department or officers of said Village, in making the crossings or connections with other roads and the keeping in repair so much of said streets, alleys and crossings, as [may] be occupied by said Railway Company with its tracks, switches and turnouts. § 3. The said Railway Company may, and it is hereby authorized to lay down, maintain and operate, one or more railroad tracks, with such turnouts, sidetracks and switches as it shall deem necessary, over and across any land which it may acquire upon the line of said route by lease, purchase, condemnation or otherwise, and the said Railway Company may use and operate the railroad tracks hereby authorized to be laid, with locomotive engines and cars, subject to all ordinances of the Village of Hyde Park applicable to railroads, which are now, or hereafter may be enforced. This ordinance shall not [take effect] until said Company shall have given a bond in the sum of $25,000.320 special ordinances of § 4. This ordinance shall take effect, and be in force from and after its passage. Passed and approved August 12, 1881. AN ORDINANCE to amend an ordinance entitled “ An ordinance granting permission to the New York, Chicago & St. Louis Railway Company, to lay down certain tracks.1' Passed August 12th, 1881. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That section one of the said ordinance be and is hereby so amended that permission is hereby given the said New York, Chicago & St. Louis Railway Company to extend its tracks into the Village of Hyde Park, Cook County, Illinois, as follows, to wit: Beginning at a point in its line as now constructed south of 81st street; thence northeasterly to and across 81st street; thence northeasterly across Block 123, to and across 80th street; thence northeasterly across Blocks 108 and 109 and across Rhodes avenue, as said Rhodes avenue appears on the plat of Cornell; thence across 79th street and Blocks 93 and 94 to 78th street; thence across 78th'street to and across Block 80; then by a curve to the right across Block 79 to Woodlawn avenue; thence across Wood-lawn avenue and 77th street at or near their intersection to Block 61; thence northeasterly by a tangent to the south line of lot one in said Block 61; thence by a curve to the left across said lot one in Block 61, to the right of way of the Pittsburg, Fort Wayne & Chicago Railway Company; thence across said right of way and 76th street to the Michigan Southern & Lake Shore Railroad. § 2. The said Railway Company may cross any and all intervening streets, alleys or railroad tracks upon or along the line of said route as designated in section one hereof: Provided, that the said Railroad Company shall not construct, operate, or maintain more than two tracks on or across or upon any of the streets and alleys along the line of said route specified in this amended ordinance: and Provided further, that said crossings shall be made at such places, and in such manner as the Superintendent of Public Works shall direct. And said Company shall be subject at all times to the direction of the department of Public Works, or other proper department, or officer of said Village, in the construction of its tracks mentioned in said original, or in this amended ordinance, in making the crossings or connections with other roads and the keeping in repair so much of said streets, alleys and crossings as may be occupied by said Railway Company, with its tracks, switches and turn-outs, and shall also construct and keep in repair under the direction of the department of Public Works, or other proper department, or officer of said Village, all culverts, drains and ditches necessary for carrying off the water on both sides of and under its railroad in the Village of Hyde Park, and to prevent the accumulation of water, by reasonTHE VILLAGE OF HYDE PARK. 321 Of the construction of said railroad, and shall also construct and maintain a ditch or drain on each side of said railroad, continuous through the Village of Hyde Park, of sufficient width and depth to afford free discharge of the water that may accumulate along the line of said railroad; the necessary culverts under and across 77th street and Woodlawn avenue to be finished before September 1, 1883. § 3. Said Railway Company may, and it is hereby authorized to use and operate the railroad tracks hereby authorized to be laid, with its locomotives, engines and cars, subject to all ordinances of the Village of Hyde Park, applicable to railroads, which are now or hereafter may be in force. § 4. The permission, authority and privileges hereby granted are upon the express condition, that the said Railway Company shall erect and maintain viaducts over any of its tracks upon any street or streets of said Village, which may be crossed by its tracks, where and as the Board of Trustees may from time to time require, and under the supervision of the department of Public Works, or other proper department, or officer of said Village, and in making and constructing the approaches to all such viaducts: Provided, however, that when any such viaducts can not be built at any such street crossing without the same be built over the track or tracks of some other company or companies, then the said New York, Chicago & St. Louis Railway Company, shall only be obliged to join with such other last mentioned company or companies in the construction and maintenance of such viaduct or viaducts, and if such other Railroad Company or Companies shall not join in the erection of such viaduct, then, when the proportion of such other company or companies shall be otherwise provided, the said New York, Chicago & St. Louis Railway Company shall pay its fair proportion of the cost of any such viaduct. § 5. The permission and authority hereby granted are upon the further express condition, that the said Railroad Company shall and will forever indemnify and save harmless the Village of Hyde Park, against and from any and all damages, judgments, decrees, and cost and expenses of the same, which it may suffer or which may be recovered or obtained against the said Village, for or by reason of the granting of such privileges and authority, or for or by reason of, or growing out of, or resulting from the passage of this ordinance, or of” the ordinance to which this is amendatory, or any matter or thing connected therewith, or with the exercise by said Company of the privileges hereby granted, or from any act or acts of the said Company under or by virtue of the provisions of this ordinance or of the said original ordinance. § 6. The permission and authority hereby granted are upon the further express condition, to wit: That said Railway Company shall permit any corporation, person or persons duly authorized 21322 SPECIAL ORDINANCES OF by ordinance of said village, to construct sidetracks to intersect any track or tracks of said Railway Company within the limits of said village, for the purpose of conveying property to and from such railroads to any warehouse, lumber-yard, coal-yard, or any manufactory situated within one thousand (1,000) feet of said railroad; and upon reasonable compensation being made therefor shall at all times permit the owners or lessees of any such side track, or the consignee of any property, to take the cars containing such property to him or them consigned to any such warehouse, lumber-yard, coal-yard or manufactory, situated upon any such side track: Provided however, that any cars so taken shall be returned without any unnecessary delay, and that any such owner, lessee, or person conducting or carrying on any such warehouse, lumber-yard, coal-yard, or manufactory, shall be entitled to have any property taken from any such warehouse, lumber-yard, coal-yard or manufactory, over any such sidetrack to and upon the tracks of said Railroad under the directions and regulations of said Railroad Company without unreasonable delay; and., provided further, that the privileges authorized herein are granted upon the express condition, that the New York, Chicago & St. Louis Railway Company shall permit any other Railroad Company[ies], not exceeding two in number, which have not at present any right of entrance into the Village of Hyde Park, to use the said main railroad tracks herein authorized to be laid jointly with the said New York, Chicago & St. Louis Railway Company, upon such fair and equitable terms as may be agreed upon by said Companies, and in event that said Companies can not agree upon said terms, the same shall be settled by three disinterested persons, one to be selected by the New York, Chicago & St. Louis Railway Company, one to be named by such other Company as may desire to use said tracks, and the third by said two persons, and the terms and conditions which shall be fixed and determined by said persons, or a majority of them, shall be the terms and conditions upon which said Companies, respectively shall use and occupy said tracks; and upon the further express condition that said New York, Chicago & St. Louis Railway Company, and any other Railroad Company that shall construct or operate said railroad under this ordinance, or under lease from, or under contract with, the said New York, Chicago & St. Louis Railway Company, shall be held jointly bound to pay all legal damages that may accrue to the owners of property, by reason of the construction or operation of said railroad under this ordinance, or the ordinance to which this is an amendment. § 7. Said Railroad Company shall also build and maintain all crossings and sidewalks at streets and roads, and the approaches thereto, under the direction of the department of Public Works, or other proper department, or officer of said Village, and shall keep a flagman at all such crossings, or construct and maintainTHE VILLAGE OF HYDE PAKE. 323 gates at all such crossings, in such manner and at such places as shall be required bj the Board of Trustees of said Village. § 8. The privileges hereby granted said Railway Company are granted upon the further express condition, that the entire length of the railroad of said Railway Company, in the Village of Hyde Park, shall be subject to all the provisions of this ordinance, and that said New York, Chicago and St. Louis Railway Company shall at all times be subject to all the ordinances now in force, or hereafter to be passed, and a failure on the part of said Railway Company to comply with the provisions of any ordinance now in force, or hereafter to be passed, shall work a forfeiture of the rights and privileges granted by this ordinance, or by the ordinance of which this is an amendment. Passed and approved April 30, 1883. SOUTH CHICAGO RAILROAD COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission be and the same is hereby granted to the South Chicago Railroad Company to locate, construct and forever hereafter maintain, [and] operate with steam power a line of railroad with one or more tracks upon the following route, in the Village of Hyde Park, namely: Beginning at a point on the Illinois Central Railroad, near Seventieth street; thence southeasterly, on a curve to Seventy-first street, and thence east on the center 30 feet of Seventy-first street to Railroad avenue; thence on Railroad avenue, and along that part of said avenue lying within 15 feet on each side of the center line thereof, to the north line of section 31; thence south and southeasterly through sections 31 and 32 to a point on or near the intersection of the s uth line of section 32, with the street in South Chicago platted as The Strand; thence to the shore of Lake Michigan. Also from a point on the line first above described, south of the south line of section 30, to and across the Baltimore and Ohio Railroad, in the southeast quarter of section 31; thence southerly and along the west line of the Baltimore and Ohio Railroad to the Calumet river. Also from a point on the first described line, near the east line of section 24, northerly on a curve to a point near the west line of Yates avenue; thence north on land west of Yates avenue to the Hyde Park Water Works. Said tracks to be laid upon any ground now owned, or that may hereafter be acquired, by said Railroad Company upon the line of said route, and upon and across all streets and alleys on or alongside said route. And authority and permission are also hereby granted to said South Chicago Railroad Company, to lay down at any and all times hereafter such turn-outs, “Y’s” and sidings on the line above set forth, as said Railroad Company may deem necessary to enable it324 SPECIAL ORDINANCES OP to reach any railroad station or depot grounds, elevators, coal and timber yards, manufacturing or other establishments; and also to construct and maintain proper switching tracks in connection with its line of railroad, or at any railroad crossing now or hereafter constructed in the Village of Hyde Park, to construct and maintain proper connections with the railroads which may be crossed or intersected: Provided, that no streets or alleys except as herein expressly authorized and provided, shall be occupied by said railroad without the consent of the Board of Trustees of the Village of Hyde Park, or their successors in authority, first had and obtained thereto; and provided further, thatj in all cases where the tracks of said Company shall be laid lengthwise upon any street, it shall be the duty of said Company, whenever required by the said Board of Xrustees? or their successors in authority, to grade the unoccupied part of said street lying contiguous to its tracks, in such manner as to make the same passable for teams. § 2. Permission is also hereby granted to the South Chicago Railroad Company to erect, and forever thereafter maintain, a telegraph line, consisting of one or more lines of wires, with the necessary poles along said line of railroad along the route above described, but upon the condition that the poles hereby authorized to be erected, shall be placed in such position upon any street, highway or alley as may be directed by the Board of Trustees, or their successors in authority of said Village. § 3. The privileges and authority hereby granted to said Company are granted upon the express condition, that said Company, its successors and assigns, shall promptly fulfill all obligations and duties that are now, or may hereafter be, lawfully imposed by ordinance. § 4. Said Railroad Company may occupy any street, highway or alley, or part of any street, highway or alley upon the route described in the first section of this ordinance, by laying its tracks lengthwise upon the same, but such tracks shall be laid in such manner as to interfere, as little as practicable, with the use of such streets by teams and pedestrians, and said Railroad Company shall at all times keep such tracks in such condition, as to allow the free passage of vehicles crossing them. § 5. The privileges and authority hereby granted to said Railroad Company are granted upon the express condition, that said Company, its successors, grantees, lessees and assignees shall forever indemnify and save harmless the Village of Hyde Park, against and from any and all damages, judgments, decrees, costs and expenses of the same, which it may suffer, or which may be obtained against such Village by reason of granting of said privileges and authority, or by reason of the exercise by said Railroad Company, or by its lessees or assignees, of the privileges so granted. 8 6. This ordinance shall not take effect until after such Com-THE VILLAGE OF HYDE PAEK. 325 pany shall enter into a bond to said Village of Hyde Park, in the penal sum of $25,000, conditioned for the payment of all damages for which said Village may become liable to any person or persons, by reason of the said road entering or running through the portion of said Village as aforesaid, or by reason of said Company constructing, laying down and operating said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park, on account of any judgment obtained against said Village by any person or persons whomsoever, by reason of said Company constructing, laying down or operating said railroad track, or the occupation of said streets or alleys within the said Village of Hyde Park. § 7. Upon the completion of said railroad, passenger trains shall be run regularly upon the same between South Chicago and the Illinois Central Railroad Depot, in Chicago, and passengers shall be transported upon the said line at as low rates, according to distance, as the Illinois Central Railroad Company shall charge, at the same time, on its suburban trains running from the city of Chicago, and said company shall switch to said Water Works, for the Village of Hyde Park, at the usual rates charged for similar services, such coal in car load lots as may be needed for use at said Works in default of which the rights and privileges hereby granted shall cease and be null and void. § 8. Passenger stations shall be established along said railroad at convenient distances, not more than two thirds of a mile apart, at which all passenger trains shall stop to receive and discharge passengers, and one or more tracks shall be laid down and ready for operation from the junction with the Illinois Central Railroad to Chicago, and from that line to the Hyde Park Water Works, within twelve months from the passage of this ordinance: Promoted, however, that if the said Works shall be obstructed or delayed by injunction or other legal proceedings, the time of such delay shall be excluded, and the same time in addition to the period above described, shall be allowed for the laving of said tracks as that during which said Company shall have been so delayed. § 9. Said Railroad Company shall notify this Village within thirty days from the passage of this ordinance, of the acceptance of the privileges and conditions herein provided for. Passed and approved April 3, 1882. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority is hereby granted to the South Chicago Railroad Company to construct, maintain and by steam power operate a single or double sidetrack, commencing at a point on its present line in Railroad avenue between Eighty-first (81st) and Eighty-second (82nd) streets, and extending326 SPECIAL ORDINANCES OF thence southeasterly, on a radius of six hundred and three (603) feet, across said Eighty-second street and Houston avenue, to a point in the west line of Arthur avenue about midway between said Eighty-second (82nd) street and Eighty-third (83d) street; thence east across Arthur, Bond and Ontario avenues to Lake Michigan. § 2. The permission and authority hereby given is upon the express condition, that said Company has obtained the necessary and requisite consent from the owners of property abutting on streets; that said Company shall save and keep harmless the Village of Hyde Park from all costs and damages by reason of the laying, operation and maintenance of said tracks; and that said Company shall be subject to, and shall comply with, the provisions of all ordinances of the Village now in force, or which shall hereafter be passed, concerning the operation of railroads and the maintenance of railroad tracks in the said Village. § 3. In the event of a violation of, or non-compliance with, any of the conditions of this ordinance, and a continuance of such violation for the space of ten days after notice thereof to an y of the officers, agents or servants of said Company, then all the rights and privileges granted by this ordinance shall thereupon immediately cease and determine. Passed and approved June 13, 1885. Be it ordained hy the President and Hoard of Trustees of the Village of Hyde Hark: § 1. That permission and authority be, and the same hereby is granted to the South Chicago Railroad Company to construct, maintain and operate a side track beginning at such points, as said Company shall select, on its main track between the north and south lines extended of lot seventy-five (75), in Division four (4), of the South Shore subdivision, thence southwesterly on a radius of five hundred (500) feet to and across the west line of Railroad avenue. § 2. The permission and authority hereby granted is subject to all the provisions of an ordinance passed April 3, 1882, granting right of way to said Company, and is upon the express condition that said Company shall so construct said side track as not to unnecessarily impair the usefulness of said Railroad avenue, and shall save and keep harmless the said Village of Hyde Park from all expense and damage that may occur by reason of the construction, maintenance or operation of said side track, and shall also comply with the provisions of all general ordinances of the said Village concerning side tracks. Passed and approved June 27, 1885.THE VILLAGE OF HYDE PARK. 327 SOUTH CHICAGO AND SOUTHERN RAILROAD COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission be and is hereby granted to the South Chicago and Southern Railroad Company, to construct and lay one or more railroad tracks upon that certain strip of land, not exceeding one hundred feet in width, which said Company may acquire in said Village, commencing at a point in the north line of One Hundred and Tenth street, at the intersection of the section line, between sections seventeen and eighteen, township thirty-seven (37), north range fifteen (15), east of the Third (3d) P. M., in the Village of Hyde Park; thence south upon and along said section line to the south line of the southwest quarter (J) of section 29, said town; thence to some point in the south line of the southwest quarter of section 32, said town, to be determined by said Company; also commencing at the point of intersection of said section line, between sections nineteen and twenty, with the meander line of the government survey as made on said sections in 1874, thence south by west along, adjacent to and to the east of said meander line as established by the survey of 1874, to the south line of the northeast quarter of section three in said town; thence to connect with the Chicago and Western Indiana, and New York, Chicago and St. Louis railroads, as now established, and also with any belt line railroad or railroads which shall be constructed on any part of section thirty-one (31), said town, over such routes and at such points as maybe determined by said Company; also all such branches, side tracks and switches as the said Company may, from time to time, elect to build on their own land now acquired, or which shall be hereafter acquired, by them on sections nineteen, twenty, twenty-nine, thirty-one and thirty-two in said township, county and State. § 2. The said Railroad Company, within the boundaries aforesaid, may cross any street or alley on their lines of road: Provided, said Company shall pay any and all damages arising from, or in any way growing out of, such taking or using such street or alley crossings or any of them, to any and all persons injured or damaged by the same; and provided further, said Railroad Company shall construct and maintain good and convenient crossings and sidewalks, and upon such grade or grades as may from time to time be required by the Board of Trustees, as well as cattle guards, culverts and warning tables across their tracks and grounds at the intersection of all streets and alleys now existing, or which may hereafter be authorized or opened by said Board, and comply with and be subject to all laws and ordinances of said Village now in force, or which may hereafter be adopted. § 3. This ordinance shall not take effect until after said Company shall have entered into a bond with or to said Village of323 SPECIAL ORDINANCES OF Hyde Park in the penal sum of $5,000, conditioned for the payment of all damages which may arise to the said Village of Hyde Park, and to any person or persons whoever, by reason of said Company constructing, laying down, maintaining, using or occupying said railroad track or tracks, or taking, using or crossing said streets or alleys, within the said Village of Hyde Park. Passed and approved March 31, 1882. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park: § 1. That permission be and is hereby granted to the South Chicago and Southern Railroad Company, its successors or assigns, to construct and lay one or more railroad tracks upon that certain strip of land, not exceeding 100 feet in width, which said Company may acquire in said Village, commencing at the northwest corner of the northeast fractional quarter of section 20, T. 37 N., R. 15, E. of the 3d P. M. at the intersection of the half section line with the north line of said section 20; thence northerly to a point in the north line of 106th street, at the center of a plot or strip of land, known as u private property,” on the northeast fractional quarter of section 8; thence north along the center of said strip of land to the south line of the-right of way of the Baltimore and Ohio Railroad Company, to connect both to the easterly and westerly with said road, the Lake Shore and Michigan Southern Railroad, the Pittsburgh, Ft. Wayne and Chicago Railway, or either of them. § 2. The said Railroad Company in the construction of said line, may construct and operate its road across any street or alley in their said line: Provided, said Company shall pay any and all damages arising from, or in any way growing out of, such taking or using* such street or alley crossings, or any of them, to any and all persons injured or damaged by the same; and provided further, said Railroad Company shall, from time to time, as may be required by the Board of Trustees, construct and maintain good and convenient crossings and sidewalks and suitable cattle-guards and culverts across its tracks and grounds, at the intersection of all streets and alleys which now exist, or which may hereafter be authorized or opened by said Board, and comply with and be Subject to all laws and ordinances of said Village now in force, or which may hereafter be adopted, governing the operation of railways. Provided further, that the said Railroad Company shall construct its road over the said line within one year from the date of the passage of this ordinance, or the same shall become voidable. Passed and approved Feb’v 1, 1886.THE VILLAGE OF HYDE PARK. 329 CALUMET RIVER RAILWAY COMPANY. Be it ordained, by the President and Board of Trustees of the 'Village of Hyde Park: § 1. That permission be and is hereby granted to the Calumet River Railway Company, its successors and assigns, to construct, lay down and forever maintain and operate with steam power, one or more railroad tracks with all necessary branches, sidetracks, switches and turn-outs; Commencing at a point to be hereafter designated by said Company near the present works of the North Chicago Rolling Mill Company, in fractional section five (5), township thirty-seven (37) north, range fifteen (15), east 3d P. M., on the north side of the Calumet river; thence across said river in said fractional section in a southerly direction to the line of Thornton township, passing through in whole or in part sections five (5), six (6), seven (7), eight (8), seventeen (17), eighteen (18), nineteen (19), twenty (20), twenty-nine (29), thirty (30), thirty-one (31), thirty-two (32), or any or either of them, all in township thirty-seven, range fifteen, E. 3d P. M. § 2. That said Company may cross with its said tracks, branches, sidetracks, switches and turn-outs, all intervening Streets and alleys within the boundaries stated in section one of this ordinnace, and may construct, maintain and operate a single or double track, upon and along any street running north and south between avenue u K ” extended north and south and the Calumet river. § 3. The said Company, its successors and assigns, shall construct and keep in repair suitable and proper crossings over its tracks, at the intersection of all streets and alleys. § 4. The permission and right granted by this ordinance is upon the express condition, that said Calumet River Railway Compan}% its successors and assigns, shall forever keep and save harmless the said Village of Hyde Park, from all and every claim for damages consequent upon the laying, operating or maintaining said road or any part of the same, and before this ordinance shall take effect, the said Company shall file in the office of the clerk of the Village a good and sufficient bond, with sureties to be approved by this Board, in the penal sum of fifty thousand dollars, and if the Board of Trustees shall at any time hereafter deem the sureties upon said bond insufficient, or the said bond lacking proper form, the said Company, its successors and assigns, shall upon thirty days’ notice fully remedy such insufficiency. Passed and approved April, — 1883. Note.—An ordinance granting permission to the Calumet River Railway Company to lay down certain tracks, was passed and approved November 2^, 1883; but such ordinance was repealed by another ordinance, passed and approved January 19, 1884. Book 4 of Ordinances, pp. 383-395, 398.330 SPECIAL ORDINANCES OP CALUMET RIVER RAILWAY COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission be and is hereby granted to the Calumet River Railway Company, its successors or assigns, to construct, lay down and forever maintain and operate with steam power one or more railroad tracks, with all necessary branches, sidetracks, switches and turn-outs; Commencing at a point on the line of the right of way of the Pittsburg, Fort Wayne &_ Chicago Railway, Cast of the Calumet river, to be hereafter designated by said Calumet River Railway Company in section six (6), town thirty-seven (37) north, range fifteen (15), east of the third principal meridian; thence in a southerly direction to the line of Thornton township, passing through in whole or in part, section[s] six, seven, eight, seventeen, eighteen, nineteen, twenty, twenty-nine, thirty, thirty-one and thirty-two, or any or either of them, all in township 37, range 15, east of the third principal meridian, and between the point of connection with the right of way of the Pittsburg, Fort Wayne & Chicago Railway and 106th street; said line of rail way shall not be constructed east, of the west line of A venue UL” extended south to 106th street, and within said territory. Said company shall not occupy lengthwise any streets or alleys running north and south now dedicated to public use. § 2. That said Company may cross with its main tracks any of the intervening streets and alleys with railroad tracks within the boundary stated in section one of this ordinance: Provided, however, that before constructing its railway, said Company shall file a plat showing the permanent location of its line with the Board of Public Works of said Village. Said location shall be made and plat filed on or before July 1st, 1884. Work on the construction of said line shall be commenced within one year, and said railway shall be completed within two years from the date of the passage of this ordinance, and provided further, that said Company shall be subject at all times to the reasonable direction of the depart-ment of Public Works, or other proper officer of said Village in the construction of its main tracks with reference to making crossings of streets and alleys, and the keeping in repair so much of said streets and alleys as may be occupied by said Railway Company with-its tracks, switches and turn-outs. And under the like direction shall also construct and keep in good order and repair all culverts, drains and ditches, necessary for carrying off the water on both sides of or under its railroad tracks in the Village of Hyde Park, which may accumulate by reason of the construction of said railway; and to prevent the accumulation of water by reason of the construction of said railway in said Village. § 3. The permission, authority and privileges hereby granted shall be upon the express condition, that said Railway CompanyTHE VILLAGE OF HYDE PARK. 331 shall erect and maintain viaducts over any of its tracks, upon any street or streets of said Village which may be crossed by its tracks, whenever, in the opinion of the Board of Trustees, the public necessity shall require it, under the supervision of the department of the Board of Public Works, or other proper department or officer of said Village: Provided, however, that whenever such viaduct can not be built at any such street crossing without the same be built over the track or tracks of some other Company or Companies, then the said Calumet River Railway Company shall only be obliged to join with such other Company or Companies in the contruction or maintenance of such viaducts, and to pay its fair proportion of the cost of such viaduct or viaducts. And if such other Railway Company or Companies shall not join in the erection of such viaduct or viaducts, then, when the proportion of such other Company or Companies shall be otherwise provided, the said Calumet River Railway Company shall pay its fair proportion of the cost of any such viaducts. § 4. The permission and authority hereby granted shall be upon the further express condition, that said Calumet River Railway ('ompany shali and will forever indemnify and save harmless the Village of Hyde Park, against all and any damages, judgments, decrees and costand expenses of the same, which it may suffer, or which may be recovered or maintained against the said Village for or by reason of the granting of such privileges and authority, or for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected therewith, or with the exercise by said Company of the privileges hereby granted, or through any actor acts of said Company under or by virtue of the privileges of this ordinance. § 5. The permission and authority hereby granted, shall be upon the further express condition, that said Railway Company shall permit any person or persons, duly authorized by ordinance of said Village to construct sidetracks and connect the same with any track or tracks of said Railway Company within the limits of said Village, for the purpose, of having cars conveyed between the railroad of said Railway Company and any warehouse, lumberyard, coal-yard or manufactory, situated within one thousand feet thereof, and upon reasonable compensation being made therefor. The said Calumet River Railway Company shall transport, or permit the owners or lessees of any suck sidetrack to transport cars to and from any such warehouse, lumber-yard, coal-yard or manufactory and the said railroad of the said Calumet River Railway Company: Provided, however, that any cars so taken shall be returned without any unnecessary delay. § 6. Said Railway Company shali also, when required by and under the direction of the Board of Public Works, build and maintain all crossings and sidewalks across its railway tracks, and shall keep a flagman, or shall construct or maintain gates, at such crossings as shall be required by the Board of Trustees of said Village.332 SPECIAL ORDINANCES OF § 7. The privileges hereby granted said Railway Company are upon the further express condition, that said Company shall be subject to all general ordinances now in force, or which may hereafter be passed concerning railroads, and a willful and continued failure on the part of said Company to comply with the provisions hereof, or the provisions of any such general ordinance[s] now in force, or which may hereafter be passed, shall work a forfeiture of the rights and privileges granted by this ordinance. In which event the Trustees of said Village may, by giving thirty days’ notice in writing, to the superintendent in charge of such railway, require the track or tracks laid under the provisions hereof, to. be taken up, and upon a failure of said Company to comply with the requirements of such notice, its said tracks may be removed at the expense of said Company. § 8. This ordinance shall be in force only from and after the written acceptance of the same by the said Calumet River Railway Company, duly executed and filed with the Village Clerk; and unless such acceptance be so filed within thirty days from the date of the passage hereof, this ordinance shall be null and void. Passed and approved January 19, 1884. Whereas by the terms of section one of an ordinance entitled “ An ordinance granting permission to the Calumet River Railway Company to lay down and operate certain tracks/’ passed January 19, 1884, said Company is prohibited from occupying lengthwise any streets or alleys within the territory in said ordinance named: and whereas, the said Company desires to occupy lengthwise with its tracks a portion of Second avenue, in Taylor's First Addition to South Chicago, which said avenue is now occupied by railroad tracks, and the owners of property, representing more than two-thirds of the frontage on said avenue, have consented to said use by said Calumet River Railway Company. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission be and is hereby granted to the Calumet River Railway Company, its successors or assigns, subject to the other provisions of said ordinance, to occupy with its railway tracks the west forty feet of Second avenue in Taylor’s First Addition to South Chicago, between the point of intersection of said avenue with the Pittsburg, Ft. Wayne & Chicago Railway, to a point four hundred feet south of the south line of 100th street: Provided, however, that said Railway Company shall erect and maintain under the direction of the Superintendent of Public Works, in the center of said avenue, within the territory aforesaid, excepting at points of intersection with other streets, a light board fence at least eight feet high, and shall place the east forty feet of said avenue, for the same distance, in good passable con-THE VILLAGE OF HYDE PARK. 333 dition immediately upon the occupation of said street as aforesaid. § 2. This ordinance shall be in force from and after its passage. Passed and approved September 27, 1886. CALUMET AND CHICAGO CANAL AND DOCK COMPANY. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park: § 1. That permission be and is hereby granted to the Calumet and Chicago Canal and Dock Company, its successors and assigns, to construct, lay down, and forever maintain and operate with steam power not to exceed two (2) railroad tracks, with all necessary branches, sidetracks, switches, and turn-outs, commencing at a point in the center line of the Baltimore and Ohio Railroad Company’s tracks, as now located across sections live (5) and six (6), in town thirty-seven (o7), north, range fifteen (15), east of the third P. M., south of Indian boundary line in said Village of Hyde Park, Cook County, Illinois; thence by proper curves tangent to said center line to a tangent point in a line 88.25 feet west of and parallel to the east line of said section six (6), town thirty-seven (37), north range fifteen (15) aforesaid; thence north on said parallel line to a point of curvature situate 88.25 feet west, and 393.2 feet south of the point where the center line of 95th street intersects the east line of said section six (6); thence curving to the east (right) tangent to the last mentioned line, with a radius of 716.8 feet, 417.8 feet to a tangent point; thence on a tangent to the last mentioned curve, 43.53 feet to a point of curvature; thence curving to the right (easterly) with a radius of 478.34 feet, 208.6 feet to a tangent point; thence on a line tangent to the last mentioned curve, and passing through the center of lot fourteen (14) in block two (2) of Taylor’s Second Addition, 800.6 feet to a point of curvature; thence curving to the right (easterly) with a radius of 478.34 feet, 217 feet to a tangent point; thence on a line tangent to the last mentioned curve, to the shore line of Lake Michigan. Provided, that not more than two (2) railroad tracks shall be laid across any street or alley between the termini aforesaid; and provided further, that any Railway Company that now has the right to operate any railway in and through said Village of Hyde Park, and any Railway Company that may hereafter acquire the right to construct and operate its railway in or through said Village, and having the requisite authority to build the same along and across the intervening streets, may, at any time hereafter, connect its track by necessary sidetracks with the tracks of the said Calumet and Chicago Canal and Dock Company, hereby authorized to be constructed, at any convenient point on the line of said tracks, and for the purpose of such connection334 SPECIAL ORDINANCES OP may cross any sidetrack of the said Calumet and Chicago- Canal and Dock Company, without other cost than that of putting in and maintaining the necessary crossings, such connection to be made at the cost of the Company desiring tlie same; and pro-vided further, that any corporation, person or persons owning or leasing any dock, warehouse, lumber-yard, coal-yard, manufactory or other industry within the Village of Hyde Park, and having the permission of said Village of Hyde Park to construct and maintain a track upon or across any intervening streets or alleys, shall have the right to connect any such track leading from said dock, warehouse, lumber-yard, coal-yard, manufactory or other industry, with the tracks of the said Calumet and Chicago Canal and Dock Company, hereby authorized to be constructed and maintained, at the nearest point practicable for such connection to said dock, warehouse, lumber-yard, coal-yard, manufactory or other industry, and at the expense of the party making the same, and for such purpose may cross any intervening sidetrack of the said Calumet, and Chicago Canal and Dock Company, without other cost than that of putting in and maintaining the necessary crossings; and such track so leading from or to any such dock, warehouse, lumber-yard, coal-yard, manufactory or other industry shall be also free for the common use thereof by the said Calumet and Chicago Canal and Dock Company and other companies, and without charge for such use. Any railway at anytime having the right to connect its tracks with the said tracks of the Calumet and Chicago Canal and Dock Company as aforesaid, and having the permission of said Village of Hyde Park to cross the intervening streets, may construct, erect, maintain and operate any sidetrack from any dock, warehouse, lumber-yard, coal-yard, manufactory or other industry in said Village of Hyde Park, to the said tracks of the said Calumet and Chicago Canal and Dock Company, and for the purpose of such connection may cross any intervening sidetracks of said Calumet and Chicago Canal and Dock Company, without other cost than that of putting in and maintaining the necessary crossings. And the said Calumet and Chicago Canal and Dock Company shall have the general management, control and supervision of the said tracks by this ordinance authorized to be constructed by it, and the full and sole control and direction of the management, improvement and repair of the same, and the appointment and supervision of all officers, agents and employes necessary for such purpose. § 2. That said Calumet and Chicago Canal and Dock Company may cross, with not more than two tracks, any and all intervening streets, alleys, and railroad tracks within the boundaries stated in section one of this ordinance: JPrcvided, that before constructing said tracks, said Company shall file a plat, showing’the permanent location of its land, with the Superintendent of Public Works of said Village. Said location shall be made and said plat filed on or before the fifth day of January, A. D. 1886; andTHE TILLAGE OF HYDE PARK. 335 provided further i that said Company shall be subject, as to the said tracks, at all times to the reasonable direction of the Department of Public Works, or other proper department or officer of said Village, in the construction of its said tracks, with respect to making crossings of streets, alleys and railroads, and the keeping in repair of so much of said streets and alleys as may be occupied by said Company with its tracks, and under the like direction shall also construct and keep in good order and repair all culverts, drains and ditches necessary for carrying oif the water on both sides of or under its railway in the Village of Hyde Park, which may.be accumulated by res son. of the construction of said railway, and to prevent the accumulation of water by reason of the construction of said railway in said Village. § 3. The permission and authority hereby granted are upon the further express condition, that the said Calumet and Chicago Canal and Dock Company shall and will forever indemnify and save harmless the Village of Hyde Park against and from any and all claims, damages, judgments, decrees and costs, and expenses of the same, which it may suffer, or which may be recovered or obtained against the said Village for or by reason of the granting of such privileges or authority, or for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected therewith, or with the exercise by said Company of the privileges hereby granted, or from any act or acts of said Company under or by virtue of the provisions of this ordinance. § 4. Said Calumet and Chicago Canal and Dock Company shall also, when required, by and under the direction of the Department of Public Works, build and maintain all crossings and sidewalks over its railway, and shall keep a flagman, and shall construct and maintain gates at such crossings as shall be required by the Board of Trustees of said Village. § 5. The privileges hereby granted are upon the further express condition, that said Calumet and Chicago Canal and Dock Company shall be subject to all general ordinances now in force, or which may be hereafter passed concerning railroads, and a willful or continued failure of said Company to comply with the provisions of any such ordinances now in force or which may hereafter be passed, in regard to the operation of trains or cars or locomotives upon said tracks, shall work a forfeiture of all the rights and privileges granted by this ordinance. § 6. The provisions of this ordinance shall be equally binding upon the Calumet and Chicago Canal and Dock Company, its successors, assigns and lessees. § 7. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Calumet and Chicago Canal and Dock Company, duly signed and under its corporate seal, shall be filed with the Village Clerk, who shall at once spread such acceptance upon the records of the336 SPECIAL ORDINANCES OF Village. And unless such acceptance be so filed within thirty (30) days from the time of the passage hereof, this ordinance shall be null and void. Passed and approved Dec, 21, 1885, CHICAGO CITY RAILWAY COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority is hereby granted to the Chicago City Railway Company, its successors and assigns, to lay down, construct and use a single track for a horse railway, with all necessary and convenient tracks for switches and turn-tables in Egan avenue, or Thirty-ninth street, from the tracks now in Cottage Grove, or Fifteenth avenue, to the tracks now in State street or First avenue, connecting with the various iines of street railways between said avenues. The track shall be laid so that the north rail shall be two feet three inches south of the north boundary of the Village of Hyde Park. § 2. The cars to be used upon said track shall be operated with animal power only; and said track shall not connect with any other railroad on which other power is used; and no railway car or carriage used upon any other railroad in this State shall be used or passed upon said track. § 3. The said track shall be used for no other purpose than to transport passengers and their ordinary baggage, aud the cars and carriages used for that purpose, shall be of the best style and class in use on such railways. The President and Board of Trustees shall have power at all times to make such regulations as to the rate of speed and the time of running said cars or carriages as the public safety or convenience may require. § 4. The track of said railroad shall not be elevated above the surface of the street, and shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said track at any point, and in any and all directions without obstruction. § 5. The rate of. fare for any distance on said track and to the Union Stock Yards, in the Town of Lake, shall not exceed five cents, except where cars or carriages shall be chartered for a specific purpose. § 6. The permission to lay the track is granted subject to all ordinances of the Village of Hyde Park now in force, or that may hereafter be passed in relation to street railroads. § 7. The Chicago City Railway, its successors and assigns, shall keep such portion of said Egan avenue as is occupied by its track and north of its rails, in good repair and condition during the whole time that the privilege hereby granted to said Company shall extend, in accordance with whatever ordinances may be passed by said Village of Hyde Park.THE VILLAGE OF HYDE PAKE. 337 § 8. This ordinance shall take effect only on condition that said Company at the same time build another single track like the one provided for in this ordinance, within the city of Chicago, upon said Thirty-ninth street, between said Cottage Grove avenue and State street, so that said two tracks shall form a complete double track. § 9. Said Company, its assigns and successors, shall forfeit the rights herein granted if at any time and under any circumstances three tracks shall be laid in said Egan avenue, whether in that part of said avenue situated in the Village of Hyde Park, or in the city of Chicago. § 10. It is hereby expressly provided and conditioned, that unless the single track mentioned in this ordinance is built according to the provisions herein contained within a year from the approval of this ordinance by the President of the Board of Trustees, that said Company, its assigns and successors shall take no rights under this ordinance, but the same shall be null, and without effect. § 11. The said Company, its assigns and successors, shall cause cars to be run along the full length of its line frofn said Cottage Grove avenue to State street, on said Egan avenue, as often as once every thirty minutes each way from 6 o’clock A. M., to 6 o’clock p. m., every day. Passed October 30, 1875, and approved November 20, 1875. Be it ordained by the President and Board of Trustees of the Tillage of Hyde Park: § 1. That permission and authority is hereby granted to the Chicago City Railway Company, its successors and assigns, to construct, maintain and operate a double track street railway, with all necessary and convenient sidetracks, switches and turntables in streets and parts of streets, as follows, to wit: Commencing at the intersection of Indiana or Fourth avenue with Egan avenue or Thirty-ninth street, and connecting with the tracks now on those streets; thence south on Indiana or Fourth avenue to Fifty-first street; thence east on Fifty-first street to the Grand Boulevard. Said double tracks shall be placed upon the center sixteen (16) feet of said Indiana or Fourth avenue and Fifty-first street. § 2. The cars to be used upon said tracks shall be used only to transfer passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best style and class in use on street railways. The tracks of said rail ways, shall not be elevated above the surface of the street, and shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said tracks at any point, in any and all directions without obstruction, and the damage, if any, done to private property by the construction and use of said tracks, shall be paid by the Chicago City Railway Company. 22338 SPECIAL ORDINANCES OF § 3. The Chicago City Railway Company, its successors and assigns, shall keep sixteen (16) feet in width, (being the sixteen feet occupied by said tracks,) of said streets and parts of streets so occupied by its said tracks, in good order and condition during the whole-time that said streets, or parts of streets, shall be so occupied by said tracks. § 4. The rate of fare for any distance on said tracks shall not exceed five cents, except when cars or carriages shall be chartered for a specific purpose. § 5. The cars to be used upon said tracks shall be operated with animal power only, and said tracks shall not connect with any other railroad on which other power is used, and no car or carriage used upon any other railroad in this State shall be used or passed upon said tracks. The said Railway Company shall commence operating said road as soon as completed, and after two years from the passage of this ordinance, at least three trips each way shall be made each day over said double tracks, during the term for which these rights and privileges are granted. § 6. The Village of Hyde Park, for itself and its citizens, reserves the right to put in sewerage, gas, water or any other improvements which may be required at any place in said avenue and street, using reasonable care and diligence, without any liability for damages to said Chicago City Railway Company, its successors and assigns, for so doing. § 7. The said Railway Company, its successors and assigns, shall forfeit the rights herein conferred, should said doubletrack road not be completed within six months after the passage and approval of this ordinance. This ordinance shall take effect only after service of notice of acceptance of this charter by the Chicago City Railway Company, upon the Village Clerk, within thirty days after the passage of this ordinance. § 8. The rights and privileges hereby granted shall continue for the time and space of twenty years from the passage and approval of this ordinance, and shall be subject to all the ordinances of the Village of Hyde Park now in force in relation to horse railroads, and to all police regulations now existing, or which may hereafter be passed by said Village. Passed and approved June 4, 1877. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority is hereby granted to the Chicago City Railway Company, its successors and assigns, to construct, maintain and operate a single track street railway, which, with the single track to be constructed by said Company in the Town of Lake, shall form a double track, with all necessary and convenient side-tracks, switches and turn-tables, on State street, from Thirty-ninth street to Fifty-fifth street, connecting with the tracks now on said State street, the tracks to be placed on the center sixteen feet of said State street.THIS VILLAGE OF HYDE PARK. 339 | 2. The cars to be used upon said track shall be used only to transport passengers and their ordinary baggage, and the cars and carriages used for that purpose1 shall be of the best style and class in use on street railways. The tracks of said railway shall not be elevated above the surface of the street, and shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can readily and freely cross said tracks at any point, in any and all directions without obstruction; and the damage, if any, done to private property by the construction and use of said tracks, shall be paid by the Chicago City Railway Company. § 3; The Chicago City Railway Company, its successors and assigns, shall keep sixteen feet in width, being the sixteen feet occupied by said tracks, of said streets and parts of streets so occupied by its said tracks, in good order and condition during the whole term that said street, or part of street, shall be occupied by said tracks, § 4» The rate of fare for any distance on said tracks shall not exceed five cents, except when cars or carriages shall be chartered for a specific purpose. § 5. The cars to be used upon said tracks shall be operated with animal power only, except as is hereafter provided; and said tracks shall not connect with any other railroad on which other power is used, and no car or carriage used upon any other railroad in this State shall be used or passed upon said tracks. The said Railway Company shall commence operating said road as soon as completed, and after the passage of this ordinance, at least three trips each way shall be made each day over said track, during the term for which these rights and privileges are granted. § 6. The Village of Hyde Park, for itself and its citizens, reserves the right to putin sewerage, gas, water or any other improvements which may be required at any place in said street, using reasonable care and diligence, without any liability for damages to said Chicago City Railway Company, its successors and assigns, for so doing; and said Company shall not be liable in any damages for any neglect to operate said railway when prevented from so doing by the works herein set forth. § 7. The said Railway Company, its successors and assigns, shall forfeit the rights herein conferred, should said road not be completed within one year after the passage and approval of this ordinance. This ordinance shall take effect only after service of notice of acceptance of this charter by the Chicago City Railway Company, upon the Village Clerk, within thirty days after the passage of this ordinance. § 8. The rights and privileges hereby granted shall continue for the time and space of twenty years from the passage and approval of this ordinance, and shall be subject to all the ordinances of the Village of Hyde Park now in force in relation to horse railroads, and to all police regulations now existing, or which may hereafter be passed by said Village.340 SPECIAL ORDINANCES OF § 9. That the said Chicago City Railway Company may hereafter operate its various lines of railway by stationary engine or engines not located upon the streets or public places of the Village, and propelled by other than animal power. Said Chicago City Railway Company may, for said purpose, make all neediui and convenient trenches, excavations and sewer connections, and may place all needful and convenient endless cables and machinery therein on any street upon which its railways are or may be constructed: Provided, that said cables and machinery shall be underground, shall not interfere with public travel and shall be constructed in a substantial and workmanlike manner: Provided, also, that if in the constructing of said trenches and excavations any damage or injury shall result to any of the sewers, water pipes or private drains, then said Company shall pay and be held liable therefor; and if at any time, by reason of the permission hereby granted and the making of said trenches and running of said cables, any injury or damage shall result to any person or property, then said company shall be liable therefor. Passed and approved October 28, 1881. Be it ordained by the President and Board of Trustees of the 'Village of Hyde ParJc: § 1. That permission and authority is hereby granted to the Chicago City Railway Company, its successors and assigns, to construct, maintain and operate a single track street railway, which, with the single track to be constructed by said Company, in the Town of Lake, shall form a double track with all necessary and convenient sidetracks, switches and turn-tables, on State street, from Fifty-fifth street to Sixty-third street, on said State street; the said tracks to be placed on the center sixteen feet of said State street. § 2. The cars to be used upon said track, shall be used only to transport passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best style and class in use upon street railways. The tracks of said railway shall not be elevated above the surface of the street, and shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can readily and freely cross said tracks at any point, in any and all directions, without obstruction, and the damage, if any, done to private property by the construction and use of said tracks, shall be paid by the Chicago City Railway Company. § 3. The Chicago City Railway Company, its successors and assigns, shall keep sixteen feet in width of said street, being the sixteen feet occupied by its said tracks in good order and condition, during the whole term that said street or part of street shall be occupied by said tracks. § 4. The rate of fare for any distance on said tracks shall notTHE VILLAGE OF HYDE PARK. 341 exceed five cents, except when cars or carriages shall be chartered for a specific purpose. § 5. The cars to be used upon said tracks shall be operated with animal power only, except as is hereafter provided, and said tracks shall not connect with any other railroad on which other power is used, and no car or carriage used upon any other railroad in this State shall be used or passed upon said tracks. The said Railway Company shall commence operating said road as soon as completed, and after the passage of this ordinance, at least three trips each way shall be made each day over said track, during the term for which these rights and privileges are granted. § 6. The Village of Hyde Park, for itself and its citizens, reserves the right to put in sewerage, gas, water, or any other improvement which may be required at any place in said street, using reasonable care and diligence, without any liability for damages to said Chicago City Railway Company, its successors and assigns, for so doing, and said Company shall not be liable in any damages for any neglect to operate said railways when prevented from so doing by the work herein set forth. § 7. The said Railway Company, its successors and assigns, shall forfeit the rights herein conferred, should said road not be completed within one year after the passage and approval of this ordinance. This ordinance shall take effect only after service of notice of acceptance of this charter by the Chicago City Railway Company, upon the Village Clerk, within thirty days after the passage of this ordinance. § 8. The rights and privileges hereby granted shall continue for the time and space of twenty years, from the passage and approval of this ordinance, and shall be subject to all the ordinances of the Village of Hyde Park now in force in relation to horse railroads, and to all police regulations now existing, or which may hereafter be passed by said Village. § 9. That the said Chicago City Railway Company may hereafter operate its various lines of railway by stationary engine or engines, not located upon the streets or public places of the Village, and propelled by other than animal power. Said Chicago City Railway Company may, for said purpose, make all needful and convenient trenches, excavations and sewer connections, and may place all needful and convenient endless cables and machinery therein, on any street upon which its railways are or may be constructed: Provided, that said cables and machinery shall be under ground, shall not interfere with public travel, and shall be constructed in a substantial and workmanlike manner: Provided, also, that, if in the construction of said trenches and excavations, any damage or injury shall result to any of the sewers, water pipes or private drains, then said Company shall pay and be held liable therefor, and if at any time, by reason of the permission hereby granted, and the making of said trenches and running of.312 SPECIAL ORDINANCES OF said cables, any injury or damage shall result to any person or property, then said Company shall be liable therefor. Passed and approved July 27, 1882. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park: § 1. ^hat permission and authority is hereby granted to the Chicago City Railway Company, its successors and assigns, to lay down, maintain and operate for and during a period of twenty years from the adoption of this ordinance, a double track street railway on Sixty-first street, from and connecting with said Company’s tracks on State street at the intersection of Sixty-first street, thence east on Sixty-first street to a point one thousand feet east of the east line of South Park avenue. § 2. Said tracks shall not occupy more than sixteen feet in width of said street, and shall be laid as near the center of said street as practicable. § 3. The cars to be used on said tracks shall be operated only by animal power, or by underground cables as heretofore provided by ordinance of this Village for other tracks of said Company, adopted on the 27th day of July, A. D. 1882. Said tracks shail be laid with tramway rails, and the cars to be used thereon shall be street cars, and used only for the transportation of passengers and their ordinary baggage. § 4. The said tracks shall not be elevated above the surface of the street, but shall be so laid, and thereafter constantly maintained, that carriages and other vehicles can easily cross said track at any point in any direction without obstruction. The said Chicago City Railway Company shall, at its own cost and expense, keep the portion of said street so occupied by its tracks in good order and condition, and shall at its own cost and expense impr >ve that portion of said Sixty-first street, so occupied with its tracks, in conformity with the improvement by the Village of the portions of said street, along the line of said railway not occupied by said tracks. § 5. The rate of fare to be charged by said Railway Company shall not exceed five (5) cents, between the eastern terminus of said tracks and State and Thirty-ninth streets, or State and Sixty-third streets. § 6. The said tracks herein provided for shall be laid and ready for the running of cars thereon within sixty (60) days from the approval of this ordinance, (unless enjoined by the order of a court of competent jurisdiction,) and shall thereafter be maintained and operated so as to reasonably accommodate the public in the matter of transportation of persons along said line. § 7. The privileges hereby granted are granted upon the express condition, that said Company has obtained from the owners of the property abutting upon said street the necessary and requisite consent; that said Company will pay all damages to own-THE VILLAGE OF HYDE PAKK. 343 ers of property abutting upon said Sixty-first street; that said Company will save and keep harmless the said Village of Hyde Park from ail costs, expenses and damages by reason of the passage of this ordinance, and the construction, operation, and mintenance of said tracks; that said Company will comply with the provisions of all general ordinances of the Village, respecting the maintenance and operation of street railway lines, and will in writing accept of the provisions of this ordinance within thirty (30)days after its approval. § 8. If the said Chicago City Railway Company after the acceptance of this ordinance shall, for a period of sixty (60) days after notice to its officers or employes, fail to comply with any of the provisions of this ordinance, then and in such case all the rights herein granted shall be at an end, and the tracks of said Company on said Sixty-first street shall thereupon be removed by said Company at its own cost and expense, and in the absence of such removal, after notice given so to do as aforesaid, then the said Village shall have the right to take up and remove said tracks at the cost and expense of said Company. Passed and approved June 3, 1885. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority is hereby granted to the Chicago City Railway Company, its successors and assigns, to construct, maintain and operate a double track street railway on Fifty-first street, from State street to Indiana avenue, connecting with the track now laid thereon, the said tracks to be placed on the center sixteen feet of said street. § 2. The tracks of said railway shall not be elevated above the surface of the street, and shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can readily and freely cross said tracks at any point, and in any and all directions without obstruction. § 3. The Chisago City Railway Company, its successors and assigns, shall keep [the] sixteen feet, occupied by said tracks in good order and condition during the whole time that the same shall be occupied by said tracks, and shall pave the same, when the balance of said street is paved, in the manner which may be directed by the said Board of Trustees. § 4. The cars on said tracks shall not be operated by other than animal power, except that said Company may at any time during the term of this ordinance, adopt the so-called cable system thereon, subject to the same requirements and with the same privileges as have been permitted by the Village of Hyde Park on other lines of said Company. § 5. The rights and privileges hereby granted shall continue for the time and space of twenty years from the passage and approval of this ordinance, and it^ acceptance by said Company. Passed and approved May 17, 1886.34:4 SPECIAL ORDINANCES OF Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park: § 1. That consent be, and it is hereby given to the Chicago City Railway Company, its successors* and assigns, to lay down, operate and maintain for the period of twenty (20) years from the passage of this ordinance a double track cable street railway in, over and along Cottage Grove avenue in the Village of Hyde Park, from the north line of said Village to the south line of Sixty-seventh street, and on Fifty-filth street from the center of said Cottage Grove avenue to the center of Lake avenue, in the said Village. § 2. Said railways shall be cable railways, and shall be operated by stationary engine or engines not located upon the streets or public places of the Village, and propelled by other than animal power. Said Chicago City Railway Company may for said purpose make all needful and convenient trenches, excavations and sewer connections, and may place all needful and convenient endless cables and machinery therein, upon any street upon which its railways shall be constructed tiereunder: Pro- vided^ that said cables and machinery shall be underground, and shall not interfere with public travel, and shall be constructed in a substantial and workmanlike manner; Provided, also, that if in the construction of said trenches and excavations any damage or injury shall result to any of the sewers, water pipes or private drains, then said Company shall pay and be held liable therefor. § 3. Said railway tracks provided for in this ordinance, shall occupy the center sixteen (lb) feet of the avenue and street above named. § 4. The cars to be operated upon said tracks shall be used only for the transfer of passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best.style and class in use upon street railways. The tracks of said railway shall not be elevated above the surface of the street, and shall conform to the grades thereof which shall have been established by the Village of Hyde Park at the time of laying said tracks, and shall be laid with Johnson Patent or other improved rails, and shall be so laid that carriages and other vehicles can readily and freely cross said tracks at any point, in any and all directions without unnecessary obstruction. § 5. Said Chicago City Railway Company, its successors and assigns, shall pave with granite blocks and keep in repair the sixteen (16) feet in width of said street occupied by it, durmg the whole time that said streets and avenues shall be occupied by said tracks. § 6. The Village of Hyde Park, for itself and citizens, reserves the right to put in sewerage, gas, water and other improvements which it may deem proper, at any place in said streets and avenues, using reasonable care and diligence, without any liability for damages to said Chicago City Railway Company, itsTHE VILLAGE OF HYDE PARK 345 successors and assigns, for so doing. The said Company shall not be liable to any forfeiture, or for any damages, for any neglect to operate said railways when prevented from so doing by the work in this section provided for. § 7. The said Railway Company, its successors and assigns, shall complete the railways hereby authorized, and shall operate the same as herein contemplated, within eighteen (18) months after the passage and approval of this ordinance: Provided, however', that if said Company shall be delayed by ordinance or resolution of the Village of Hyde Park, or by any suit, injunction or order or decree of any court of competent jurisdiction, then the period of any and all such delays shall be added to said eighteen months. But the Village of Hyde Park shall have the right to intervene at its option in any such suit or proceeding in any court, and become a party thereto and move for the dissolution of any such injunction, or the vacation of any such order or decree. § 8. The rate of fare on said railway tracks hereby authorized shall not (except where cars are'chartered for a specified time and purpose) exceed five (5) cents for one trip or part of trip either way. Said Company shall also sell family tickets at not to exceed the following commutation rates: Twenty (20) rides for $1, good between Madison street, Chicago, and Sixty-seventh street, on Cottage Grove avenue, and on Fifty-fifth street from said Madison street to the terminus, with transfer to Union Stock Yards at Ilalsted and Root streets, which shall be for sale at places convenient for the public. Said company shall operate cars between 39th street and Lake avenue, and between 39th street and 67th street, at intervals of not more than ten minutes from 6:30 to 8:30 a. m. and 4:30 to 6:30 p. m., and at other hours at intervals of not more than thirty minutes from 6 o’clock A. M. to 11 o’clock p. m. Cars shall stop to take on and let off passengers only at the farther crossing of street intersections. § 9. Said Chicago City Railway Company shall, within thirty days after said cable system hereby authorized shall be in regular operation on Cottage Grove Avenue from 39th street to said Fifty-fifth street, and on said Fifty-fifth street, remove and do away with the present dummy tracks and dummies, now being operated by the Chicago and Calumet Horse and Dummy Railway Company, and shall and will hold the Village of Hyde Park forever harmless from said Chicago and Calumet Horse and Dummy Railway Company, and from all claims and demands by it of ail kinds whatsoever. § 10. This ordinance shall take effect and be in force when and as soon as said Company shall file with the Clerk of the Village of Hyde Park its acceptance in writing of this ordinance, and if said Company shall not file such acceptance with said Clerk within sixty (60) days after the passage and approval of this ordinance, then this ordinance shall become and be void.316 SPECIAL ORDINANCES OF § 11. This ordinance shall not in any way or manner impair or take away, or be held to impair or take away any rights and powers which said Chicago City Railway Company may now have or be entitled to on said streets and avenues, and by accepting and acting under this ordinance, said Company shall not waive or lose, or be taken to waive or lose, any right or power which it now possesses nor shall it be construed as in any way a recognition by said Village of any such rights or powers in said Railway Company, except such as are herein and hereby conferred. § 12. The'rights and privileges hereby granted shall be subject to ail police regulations now existing, or which may hereafter be passed by said Village. Should said Company fail or neglect to complete and operate said railways in the manner and within the time herein designated, the Board of Trustees may order said tracks to be taken up and removed by said Company and at said Company’s own cost and expense, and if said Company should fail so to remove said tracks, within ten days after such order being given, then the Village may, at its option, remove the same or cause the same to be removed at the cost and expense of said Company, and thereafter prevent such tracks from being laid or operated upon or along any part of the line aforesaid. § 13. The authority hereby granted is granted upon the further express condition, that the said Company has obtained from the owners of property abutting upon said street and avenue the necessary and requisite consent, and will save and keep harmless the Village from all costs, expenses and damages, by reason of the passage of this ordinance, and the construction and operation and maintenance of said street railway tracks. Passed and approved Nov. 8, 1886. Be it ordained by the President and Board of Trustees of the Village of Hyde ParJc: § 1. That consent be, and is hereby given to the Chicago City Railway Company, its successors and assigns, to lay down, operate and maintain, for the period of twenty years from the passage of this ordinance, a single track cable street railway in, over and along the center eight feet of Jefferson avenue, from the center of Fifty-fifth street, connecting by suitable curves with the south track thereon, to the right of way of said Company, covering the south three feet of lots 37 and 12 and the north thirteen feet of lots 36 and 13 in block 67, connecting by suitable curves with the track to be laid along the center of said right of way, thence easterly from the east line of Jefferson avenue one hundred fifty-one and ninety-seven hundredths feet; thence northeasterly, on a curve having a radius of fifty feet, a distance of forty-two feet; thence northeasterly, wTith a curve of one hundred and four feet radius, a distance of fifty-nime feet; thence northerly on Lake avenue parallel with the center line thereof to Fifty-fifth street, and by suitable curve connect with the north track to be laid on said Fifty-fifth street.THE VILLAGE OF HYDE PARK. 347 § 2. Said railways shall be cable railways, and shall be operated by stationary engine or engines not located upon the streets or public places of the Village, and propelled by other than animal power. Said Chicago City Railway Company may, for said purpose, make all needful and convenient trenches, excavations and sewer connections, and may place all needful and convenient endless cables and machinery therein, upon any street upon which its railways shall be constructed hereunder: Provided, that said cables and machinery shall be under ground, and shall not interfere with public travel, and shall be constructed in a substantial and workmanlike manner: Provided, also, that if in the construction of said trenches and excavations any damage or injury shall result to any of the sewers, water pipes or private drains, then said Company shall pay and be held liable therefor. § 3. The cars to be operated upon said track shall be used only for the transfer of passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best style and class in use upon street railways. The track of said railway shall not be elevated above the surface of the street, and shall conform to the grades thereof which shall have been established by the Village of Hyde Park at the time of laying said track, and shall be laid with Johnson Patent or other improved rails, and shall be so laid that carriages and other vehicles can readily and freely cross said tracks at any point, in any and all directions without unnecessary obstruction. § 4. Said Chicago City Railway Company, its successors and assigns, shall pave with granite blocks and keep in repair, the eight (8) feet in width of sa d street occupied by it, during the whole time that said streets and avenues shall be occupied by said tracks. § 5. The Village of Hyde Park, for itself and citizens, reserves the right to put in sewerage, gas, water or other improvements which it may deem proper at any place in said streets and avenues, using reasonable care and diligence, without any liability for damages to said Chicago City Railway Company, its successors and assigns, for so doing. The said Company shall not be liable to any forfeiture, or for any damages, for any neglect to operate said railways when prevented from so doing by the work in this section provided for. § 6. The said Railway Company, its successors and assigns, shall complete the railway hereby authorized, and shall operate the same as herein contemplated, within eighteen (18) months after the passage and approval of this ordinance: Provided, how- ever, that if said Company shall be delayed by ordinance or resolu-lution of the Village of Hyde Park, or by any suit, injunction or order or decree of any court of competent jurisdiction, then the period of any and all such delays shall be added to said eighteen (18) months. But the Village of Hyde Park shall have the right to intervene, at its option, in such suit or,proceeding in any348 SPECIAL ORDINANCES OF court, and become a party thereto, and move for the dissolution of any such injunction, or the vacation of any such order or decree. § 7. The rate of fare on said railway tracks hereby authorized shall not (except where cars are chartered for a specified time and purpose) exceed five (5) cents for one trip, or part of trip, either way from the southern intersection of said track with Lake avenue to either Thirty-ninth street or Sixty-seventh street on Cottage Grove avenue, and shall also sell family tickets at hot to exceed one dollar for twenty rides between said point on Lake avenue and Madison street, Chicago, with transfer to Union Stock Yards at Halsted and Root streets, which shall be for sale at places convenient for the public. Said Company shall operate cars over the track herein named at intervals of not over ten minutes from 6:30 to 8:30 a. m. and 4:30 to 6:30 p. m., and at all other hours at intervals of not more than thirty minutes from 6 o’clock a. M. to 11 o’clock p. m. Cars shall stop to take on and let off passengers only at farther crossing of street intersections. § 8. This ordinance shall take effect and be in force, when and as soon as said Company shall file with the Clerk of the Village of Hyde Park its acceptance in writing of this ordinance, and if said Company sha’l not file such acceptance with said Clerk within sixty (60) days after the passage and approval of this ordinance, then this ordinance shall become and be void. § 9. This ordinance shall not in any way or manner impair or take away, or be held to impair or take away, any rights and powers which said Chicago City Railway Company may now have or be entitled to on said streets and avenues, and by accepting and acting under this ordinance, said Company shall not waive or lose, or be taken to waive or lose, any right or power which it now possesses, nor shall it be construed as in any wav a recognition by said Village of any such rights or powers in said Railway Company, except such as are herein and hereby granted. § 10. The rights and privileges hereby granted shall be subject to all police regulations now existing, or which may hereafter be passed by said Village. Should said Company fail or neglect to complete and operate said railways in the manner and within the time herein designated, the Board of Trustees may order said tracks to be taken up and removed by said Company and at said Company’s own cost and expense, and if said Company should fail sowto remove said tracks within ten days after such order being given, then the Village may at its option remove the same, or cause the same to be removed, at the cost and expense of said Company, and thereafter prevent such tracks from being laid or operated upon or along any part of the line aforesaid. § 11. The authority hereby granted is granted upon the further express condition, that the said Company has obtained from the owners of property abutting upon said avenues theTHE VILLAGE OF HYDE PARK. 349 necessary and requisite consent, and will save and keep harmless the Village from all costs, expenses and damages by reason of the passage of this ordinance, and the construction and operation and maintenance of said street railway tracks. § 12. The authority hereby granted is upon the further express condition, that the said Chicago City Railway Company, in removing the snow from the tracks hereby authorized, shall not leave the same in such manner as to impede thereby the free and convenient use of such streets for public travel by carriages and other vehicles. And the sidewalk on the east side of Lake avenue, parallel with the line of said railway tracks and the crossings at street intersections, shall, when constructed, be always kept free and clear of obstruction by snow so removed as aforesaid from the tracks of said Company. Passed and approved Jan’y 10, 1887. CHICAGO AND CALUMET HORSE AND DUMMY RAILROAD COMPANY. PROCEEDINGS OF THE BOARD OF TRUSTEES OF THE TOWN OF HYDE PARK, JUNE 1, 1868. Be it Resolved, That the Chicago and Calumet Horse and Dummy Railroad Company may, and is hereby empowered, to locate a horse or dummy engine railroad and branches along and upon the following roads and highways, in the town of Hyde Ptirk, to wit: Forty-first street, from the center of State street to the east line of Cottage Grove avenue; State street, from the limits of the city of Chicago to the southern terminus of said street; Indiana avenue, from the limits of said city to the south line of Forty-first street; Cottage Grove avenue, from the limits of said city to the southern terminus of said avenue; Fifty-fifth street, otherwise known as Elm street, from the center of State street to the eastern terminus of said Fifty-fifth street, or Elm street; Junction avenue, or Sixty-third street, from the center of State street to the eastern terminus of said Junction avenue; Jefferson street,sfrom the north line of Elm street, or Fifty-fifth street to the south line of Willow street; Willow street, from the west line of Jefferson street to its terminus, and from thence any common highway to the Indiana State line, except Hyde Park avenue and Lake avenue, the same to be laid down, constructed and maintained in such manner as not to obstruct the common travel of the public over said highway. The line on Elm street, from Cottage Grove avenue to Hyde Park avenue, is to be constructed within five years from July 1,1868. Resolved by the Board of Trustees of the Town of Hyde Park, That the foregoing resolution, presented by Mr. Hennessy, meets our approval, and we respectfully recommend the board of super-350 SPECIAL OEDIJSTANCES OF visors of Cook county to pass the same. The motion prevailed by the following vote: Ayes—Cady, Clark, Doyle, Ely, Higgins, Waite and Van Wyck, 7. Mr. Van Wyck moved and it was adopted: Resolved, That this board desires and requests that the Chicago and Calumet Horse and Dummy Railroad Company locate their road on Elm street, in Hyde Park, over the ditch at present excavated on said street, on the south side thereof. And also that said Railroad Company proceed to fill said ditch, the cost of same to be paid in town orders on account of Fifty-fifth street sewer fund. The value of such work to be estimated by the superintendent of public works. Be it ordained by the President and Board of Trustees of the Village of Hyde Park; § 1. Subject to the terms and conditions of this ordinance there is hereby granted to the Chicago and Calumet Horse and Dummy Railroad Company the right to lay down, operate and maintain a single track of railway from a point in the line of Cottagfo Grove avenue, distance sixty feet and six inches east of the southwest corner of the lot on the northwest corner of said Cottage Grove avenue and Oakwood boulevard, south across said O ikwood boulevard to a point twenty-seven feet and six inches east of the northeast corner of the lot, on the southwest corner of said Cottage Grove avenue and Oakwood boulevard, and north to 38th street. § 2. The tracks of said railroad shall be laid level with the surface from the said points of beginning and ending aforesaid, and shall be so laid that carriages or vehicles can easily and freely cross said tracks at any and all points, and in any and all directions. § 3. The rights and privileges hereby granted are upon the express condition, that the cars to be used on said tracks shall be operated with animal power only, and upon the further express condition, that permission and consent be first obtained by said Company from the South Park Commission to lay down and maintain said track across said Oakwood boulevard, and upon the further express condition, that the said Company shall remove the switch in use by it in the line of said Cottage Grove avenue, south of Oakwood boulevard, so that the north line, or extension thereof, shall not extend to a point further north than one hundred and eighty feet south of said point, twenty-seven feet and six inches east of the northeast corner of the lot on the southwest corner of said Cottage Grove avenue and Oakwood ^boulevard aforesaid, and upon the further express condition, that said Company shall pave the space between its said track north of said point in the line of Cottage Grove avenue, distant sixty feet and six inches east of the southwest corner of the lot on the north-THE VILLAGE OF HYDE PARK. 351 west corner of said Cottage Grove avenue and Oak wood boulevard, as aforesaid, to 39th street; together with a strip of said Cottage Grove avenue lying immediately east of and adjoining the said track thereon, four feet wide for said distance aforesaid, and shall perpetually maintain the same. Said pavement to be made with granite blocks, and under the supervision of the Superintendent of Public Works of said Village, and upon the further express condition, that animal power only shall be used in operating the railroad of said Company for the distance of one hundred and eighty feet south of said point, twenty-seven feet and six inches east of the northeast corner of the lot on the southwest corner of said Cottage Grove avenue and Oakwood boulevard aforesaid, and the failure to comply with any one of the conditions aforesaid, shall work a forfeiture of the rights and privileges hereby granted. Passed and approved April, 1884. SOUTH CHICAGO HORSE RAILROAD COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park; § 1. That permission and authority is hereby granted to the South Chicago Horse Railroad Company, its successors and assigns, to construct, maintain and operate a single or double track street railway, with all necessary and convenient sidetracks, switches and turntables in streets and parts of streets as follows, to wit: Commencing on Mackinaw avenue from Eighty-seventh street to Harbor avenue^ thence along Harbor avenue to Ninety-second street/thence on Ninety-second street to Exchange avenue, thence on Exchange avenue and Escanaba avenue to Ninety-third street, thence on Ninety-third street to the Stony Island boulevard, thence on Commercial avenue from Eighty-seventh street to Notre Dame avenue, thence on Notre Dame avenue to Muskegon avenue, thence on Muskegon avenue, from Ninety-third street to One Hundred and Sixth street, thence on One Hundred and Sixth street from Indiana avenue to Willett avenue. Torrence avenue from Ninety-fifth street to One Hundred and Fourteenth street. On Ninety-fifth street from State street to Lake Michigan, on Ewing avenue from Ninety-fifth street to One Hundred and Sixth street, and on Indiana boulevard, from Ewing avenue to the State line; said single or double tracks shall be placed upon the center sixteen (16) feet, of said streets above mentioned. § 2. The cars to be used upon said tracks shall be used only to transfer passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best style and class in use on street railways. The tracks of said railways shall not be elevated above the surface of the street, and shall be352 SPECIAL ORDINANCES OF laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said tracks at any point, and in any and all directions, without obstruction, and the damage, if any, done to private property by the construction and use of said tracks, shall be paid by the South Chicago Horse Rail-oad Company. § 3. The South Chicago Horse Railroad Company, its successors and assigns, shall keep sixteen (16) feet in width, being the sixteen (16) feet occupied by said tracks, of said streets and parts of streets, so occupied by its said tracks, in good order and condition during the whole time that said streets, or parts of streets, shall be so occupied by said tracks. § 4. The rate of fare for any distance on said tracks shall not exceed five cents, except when cars or carriages shall be chartered for a specific purpose. § 5. The cars to be used upon said tracks shall be operated with animal power only. Said Railway Company shall commence operating said roads as soon as completed, over said single or double tracks, during the time which these rights and privileges are granted. § 6. The Village of Hyde Park, for itself and its citizens, reserves the right to put in sewerage, gas, water, or any other improvements which may be required at any place in said avenues and streets, using reasonable care and diligence, without any liability for damages to said South Chicago Horse Railroad Company, its successors or assigns, for so doing. § 7. The rights and privileges hereby granted shall continue for the time and space of twenty years from the passage and approval of this ordinance, and shall be subject to all the ordinances of the Village of Hyde Park now in force in relation to horse railroads, and to all police regulations now existing, or which may hereafter be passed by the Village. Passed and approved May 22, 1882. Be it ordained by the President and Board of Trustees of the ‘Village of Hyde Park : That the ordinance passed May 22,1882, entitled “An Ordinance for the South Chicago Horse Railroad Company,” be and the same is hereby repealed. Passed and approved May 12, 1883. EWING AVENUE HORSE RAILWAY COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park; § 1. That in consideration of the acceptance hereof, and the undertaking of the Ewing Avenue Horse Railway Company to comply with the provisions herein contained, authority, permis-THE VILLAGE OF HYDE PARK. 353 sion and consent are hereby given, granted and duly vested in said Company to lay down,>operate and maintain a single or double track railway, with necessary turn-outs, side tracks and switches, in, upon and along Ewing avenue and Ewing avenue bridge from Harbor avenue to 106th street, and in, upon and along 106th street, and 106th street bridge, from Ewing avenue west to Torrence avenue: Provided, that no side track, turn-out or switch shall be laid in, upon or along said bridges; and, provided further, that said Company shall not use or occupy, or have the right to use or occupy with its said tracks, side track, turn-outs or switches, at any point on said street or avenue more than fourteen feet thereof in width. § 2. The tracks of said railway shall be laid as near the center of the street as practicable, with modern improved rails; shall not be elevated above the surface of the street, and shall be so laid that carriages and other vehicles can easily and freely cross said tracks at any and all points, and in any and all directions without obstruction. § 3. No track, turn-out, side track or switch shall be laid within twenty-eight feet of the lot line, except in turning corners, and then no nearer than may be required to make the necessary curves. § 4. The cars to be used on said tracks shall be operated with animal power only, and shall not connect with any other railroad on which other power is used; and no railway car or carriage used upon any other railroad shall be used upon said tracks. § 5. The said track or tracks and the cars operated thereon shall be used for no other purpose than to transport passengers, except that the Company may use its tracks for the transportation of material to be used in the construction of its roadbed and railway; and the said cars shall be of the best style and class. The Board of Trustees shall have power to regulate the running time and number of cars to be run from time to time upon the line of said railway, as the public convenience may require. § 6. The said Company, as respects the grading, paving, macadamizing, filling, planking, repairing or using of said avenue, bridges and street, upon which it is hereby authorized to construct said railway, shall keep sixteen feet in width where two tracks are laid, and eight feet in width where one track is laid, in good repair and condition during all the time to which the privileges hereby granted shall extend, in accordance with whatever order or regulation respecting the ordinary repair thereof maybe passed or adopted by the Board of Trustees ; and when any new improvement, paving, repairing, planking, filling or other improvement of like character, shall be ordered by the Board of Trustees, said Company shall, in the manner required by the Village authorities, make such improvement for the width of sixteen feet where two tracks are laid and eight feet where one track is laid; and if the Company fails to do so, it may be done by the Village and the cost andexpense thereof collected of said Company; 23354; SPECIAL ORDINANCES OF and if the said Company shall neglect to make any necessary repairs for twenty days after notice, the work may be done by the Village, and the cost and expense thereof collected from said Company. § 7. The rate of fare for each passenger over the whole route or any portion thereof, shall not exceed five cents. § 8. The rights and privileges hereby granted to said Company shall be forfeited to the Village of Hyde Park, unless said railway shall be fully completed and in operation within one year from and after the passage of this ordinance. § 9. The rights and privileges hereby granted are granted upon the further condition, that said Company shall keep and save, the Village harmless from all damages, costs and expenses whatever arising out of the use and occupation of said avenue, bridges and street by said Company. § 10. Should the said Company at any time fail to comply with the conditions and provisions of this ordinance, or any of them, or the general ordinances of said Village, the Board of Trustees may order said tracks, switches and turn-outs to be taken up arid removed by said Company, and on its failure to do so within ten days after notice of such order, may direct the same to be taken up at the expense and cost of said Company. § 11. Nothing herein contained shall impair or abridge the right of the Village to dig up or open said street and avenue, or any portion thereof, and to temporarily remove said tracks and roadbed for the purpose of laying sewers or water-pipes, or making any similar improvements, or of repairing the same. §12. The said Company shall have the right to operate the said railway for and during the term of twenty years from the date of the passage of this ordinance, subject to the terms and restrictions herein provided and to the general ordinances now in force, or that may hereafter be passed. Passed and approved September 27,1883. Be it ordained by the President and Board of Trustees of the Village of Hyde Parle: § 1. That the time within which the railway authorized to be laid and operated by the Ewing Avenue Horse Railway, by the ordinance passed September 27, 1883, shall be completed and in operation, is hereby extended one year. § 2. That section eight of the said ordinance entitled “An ordinance for the construction and operation of a horse railway on Ewing avenue and 106th street, is hereby amended so as to read as follows: § 3. The rights and privileges hereby granted to said Company shall be forfeited to the Village of Hyde Park, unless said railway shall be fully completed and in operation within two years after the passage of the ordinance. Passed and approved September 13, 1884.THE VILLAGE OF HYDE PARK. 355 fie it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That in consideration of the acceptance hereof, and a compliance by the Ewing Avenue Horse Railway Company with all the provisions herein contained, authority, permission, and consent are hereby given, and granted to said Company to lay down, operate and maintain, for the period of twenty years from the time of the passage of this ordinance, a single or double track horse railway, with necessary turn-outs, sidetracks and switches, in, upon and along Ninety-second street from the intersection of Harbor avenue and to'Commercial avenue, and in, upon and along Commercial avenue from Ninety-second street to Notre Dame avenue, and in, upon and along Notre Dame avenue from Commercial avenue to One Hundred and Fourth street, and in, upon and along One Hundred and Fourth street from Notre Dame avenue to Torrence avenue, and in, upon and along Torrence avenue from One Hundred and Fourth street to One Hundred and Sixth street: Provided, however, that said Company shall not use, or occupy, or have the right to use or occupy, with its said tracks, sidetracks, turn-outs or switches at any point on said streets or avenues, more than fourteen feet thereof in width. § 2. The tracks of said railway shall be laid as near the center of the said streets and avenues as practicable, with modern improved tramway rails, and shall not be elevated above the surface of the street, and shall be so laid and constantly maintained that carriages and other vehicles can easily and freely cross said tracks at any and all points, and in any and all directions without obstruction. § 3. The cars to be used on said tracks shall be street cars of the best style and class, and operated with animal power only. § 4. The said track or tracks and the cars operated thereon, shall be used for no other purpose than the transportation of passengers, except that the Company may use its said tracks for the transportation of material to be used in the construction and maintenance of its aforesaid line. § 5. The said Company, as respects the grading, paving, macadamizing, planking and repairing, or using of the aforesaid streets and avenues, shall at its own cost and expense keep sixteen feet in width where two tracks are laid, and eight feet in width where one track is laid, in good repair and condition during all the time to which the privilege hereby granted shall extend, in accordance with the orders or regulations of the Board of Trustees of said Village. And wThen any new’ improvement of any character shall be ordered by the Board of Trustees, said Company at its own cost and expense shall, in the manner required by the Village authorities, make such improvement for the width of sixteen feet where two tracks are laid, and eight feet where one track is laid. Said width of sixteen feet and eight feet respectively to include the said tracks, as laid in said streets356 SPECIAL ORDINANCES OE and avenues. And if the said Company shall neglect or fail to make any repairs or improvements as aforesaid, for the space of twenty days after notice so to do from the Superintendent of Public Works, or other proper officer of said Village, to any officer, agent or employe of said Company, then and in such case the Village may at its option do the same at the cost and expense of said Company. § 6. The rate of fare for each passenger over the entire line aforesaid, or any portion thereof, shall not exceed five cents. § 7. The rights and privileges hereby granted to said Company shall be forfeited to the Village of Hyde Park, unless said railway shall be fully completed and in operation upon and along Ninety-second street, with a single track within sixty days, and with double tracks within six months, and the entire line completed and in operation, with single or double tracks as herein provided, within one year from and after the passage of this ordinance. § 8. Should the said Company at any time fail or neglect to comply with the conditions and provisions of this ordinance, or any of them, or the general ordinances of said Village, the Board of Trustees may order said tracks, switches and tunirouts to be taken up and removed by said Company, and at said Company's own cost and expense; and if said Company should fail so to remove said tracks within ten days after such order being given, then the Village may at its option remove the same, or cause the same to be removed, at the cost and expense of said Company, and thereafter to prevent such tracks from being laid, or operated upon, or along any part of the line aforesaid. § 9. Nothing herein contained, shall impair or abridge the right of the Village to make any and all excavations necessary for the purpose of building sewers, or laying water or gas pipes in said streets or avenues, or otherwise improving or repairing the same, and in so doing to temporarily remove said tracks and roadbed at the cost and expense of-said Company. § 10. The authority hereby granted is granted upon the further express condition, that the said Company has obtained from the owners of property abutting upon said streets and avenues the necessary and requisite consent; that said Company has duly published the requisite notice of the time and place of its application for the granting of the authority herein conferred, and that said Company will pay all damages to owners of property abutting upon the streets and avenues aforesaid, consequent upon the laying and operation of said tracks, and will save and keep harmless the Village from all costs, expenses and damages, by reason of the passage of this ordinance, and the construction, operation and maintenance of said street railway tracks. Passed and approved June 1, 1885.THE VILLAGE OF HYDE PARK. 357 HYDE PARK GAS COMPANY. Be it ordained by the Board of Trustees of the Town of Hyde Park: § 1. That permission and authority irrevocable be, and the same are hereby granted to the Hyde Park Gas Company, of the Town of Hyde Park, and State of Illinois, to lay their gas mains, pipes, feeders and service pipes in any and all of the streets, alleys, avenues, highways, parks, squares and public grounds throughout said town, north of the center line of Sixty-seventh (6?) street, upon the following conditions: 1st. Said Company, when they shall open the ground to lay any pipe or for any purpose whatever, shall restore the grounds, streets, pavements and sidewalks to a condition as good as before they opened them, and satisfactory to the Superintendent of Public Works, or such other person as the Board of Trustees may appoint, with all convenient dispatch. 2d. This permission shall be exclusive north of the south line of Sixtieth (60) street, for the period of fifteen years from this date: Promoted, the works of said Company, of sufficient capac- ity to supply said exclusive territory with gas, shall be erected and gas furnished within eighteen months from this date, and the works shall be kept in operation, and gas supplied, and that no more than three dollars and fifty cents per thousand cubic feet shall be charged for gas to consumers. 3d. That no transfer of the privileges hereby granted shall ever be made to any other company or corporation, or to any individuals, except as hereinafter provided, and the general office of said Gas Company shall be forever kept in said territory over which said exclusive jurisdiction is hereby given. § 2. Whenever within the period of fiiteen years from this date, in the opinion of the Board of Trustees of the town of Hyde Park, it shall appear to be for the benefit and interest of the said town that the works, gas mains, pipes, machines fixtures and all other property, real, personal and mixed, belonging to said Hyde Park Gas Company and necessary and convenient for the purpose of manufacturing and supplying the said town and the citizens thereof with gas, should be owned and operated and controlled by the public authorities of said town, the said Hyde Park Gas Company shall surrender ownership, possession and full control to the said Board of Trustees of said town of Hyde Park for the use and benefit of said town, ail of said property, real, personal and mixed, together with all works, machinery fixtures, gas mains, pipes, feeders and materials used in the manufacture of gas, then on hand, upon the payment to said Hyde Park Gas Company of the actual cost thereof, adding thereto the sum of ten per cent, per annum interest, from the time of such ex-358 SPECIAL OKDINAKCES OF penditure until such payment is made, deducting therefrom such sums as may have .been realized by said company as net revenue from said works; such cost, interest and net revenue to be ascertained by three sworn commissioners, one to be appointed by said Board of Trustees, one by said Hyde Park Gas Company, and a third by a Judge of the Circuit Court of the County of Cook, State of Illinois: Provided, that the Board of Trustees shall have no power to accept of this option and make such purchase except for the sole use of the town, and that the works shall be exclusively owned and operated by said town. , § 3. The privileges, grants and franchises contained herein are hereby declared null and void unless the said Hyde Park Gas Company shall, before the expiration of thirty days from this date, file with the Clerk of this Board their written acceptance and assent to the conditions set forth in this ordinance. Passed and approved June 24, 1871. § 6. Be it ordained by the Board of Trustees of the Town of Hyde Park: That section second of the ordinance relating to the Hyde Park Gas Company, adopted by this board on the 24th day of June, A. D. 1871, be, and the same is, hereby repealed. , Passed and approved Nov. 25, 1871. § 7. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: That permission and authority be, and the same are here lay granted to the Hyde Park Gas Company, of the Village of Hyde Park, to lay their gas mains, pipes, feeders and service pipes in any and all of' the streets, alleys, avenues, highways, parks, squares and public grounds throughout said village, south of the center line of Sixty-seventh street, upon the following conditions, to-wit: 1st. Said Company, when they shall open the ground to lay any pipe, or for any other purpose whatever, shall restore the grounds, streets, pavement and sidewalks tou, condition as good in all respects as before they opened them, and satisfactory to the Superintendent of Public Works, or such other person as the President and Board of Trustees of said Village shall from time to time appoint. Such restoration to be made without unreasonable delay, and all excavations to be made in such manner that the public shall not be unnecessarily inconvenienced thereby. 2d. Said Gas Company to be responsible for any and all damages which may be occasioned by or result from the exercise of the permission or authority of this ordinance, conferred to or upon said company. Passed and approved March 15, 1875.THE VILLAGE OF HYDE PAEK. 359 METROPOLITAN GAS COMPANY OF HYDE PARK. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That exclusive permission and authority irrevocable be, and the same are hereby granted to the Metropolitan Gas Company of Hyde Park, Cook County, and State of Illinois, to lay their gas mains, pipe feeders and service pipes in any and all of the streets, alleys, avenues, highways, parks, squares and public grounds throughout said Village of Hyde Park: Provided, that no permanent injury be done to any street, lane or highway in said Village. § 2. Said Company, when they shall open the ground to lay any pipe, or for any other purpose whatever, shall restore the grounds, streets, pavements and sidewalks to a condition as good as before they opened them, with all convenient dispatch. All excavations shall be made in such manner that the public shall not be unnecessarily inconvenienced thereby. § 3. The works of said Company, of a capacity to manufacture and deliver at least three hundred thousand feet of gas per day, shall be commenced within five years from this date, and the price of gas to consumers shall not exceed two dollars and fifty cents per thousand cubic feet. § 4. The said Company is hereby authorized to borrow money, and to mortgage or lease any of its property or franchises. § 5. Nothing herein contained shall extend to the l$.nds within the Village of Hyde Park south of Ninety-fifth street, and west of Stony Island avenue and Lake Calumet. Passed and approved June 26, 1882. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority irrevocable be, and the same are hereby granted to the Metropolitan Gas Company of Hyde Park, Cook County, and State of Illinois, to lay their gas mains, pipes, feeders and service pipes in any and all of the streets, alleys, avenues, highways, parks and public grounds throughout said Village of Hyde Park, and to maintain, use and repair the same: Provided, that no permanent injury or damage shall be done to any street, alley, park or highway in said Village of Hyde Park. § 2. Said Company, when they shall open the ground to lay any pipes, or for any other purpose whatsoever, shall restore the grounds, streets, alleys, pavements and sidewalks to a condition as good as before they opened them, with all convenient dispatch. All excavations shall be made in such manner that the public shall not be unnecessarily inconvenienced thereby. § 3. The works of said Company, of a capacity to manufacture360 SPECIAL OKDINANCES OE and deliver at least three hundred thousand cubic feet of gas per day, shall be commenced within five years from this date, and the price of gas to consumers shall not exceed three dollars per thousand feet, with a rebate to such consumers of fifty cents per thousand cubic feet, in case of payment on or before twelve days next after the expiration of the month in which the gas is use 1 by such consumers: Provided, this rebate shall not apply to street lamps and public buildings, the supply therefor to be subject to special agreement. Passed and approved August 7, 1882«, Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park: That the ordinance passed and approved June 26,1882, entitled “An ordinance concerning the Metropolitan Gas Company of Hyde Park,” and the ordinance passed and approved August 7, 1882, entitled “ Ordinance for the Metropolitan Gas Company of Hyde Park,” be and the .same are hereby repealed. Approved and filed May 12, 1883. CALUMET GAS COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority be and the same is hereby granted to the Calumet Gas Company, a corporation of the State of Illinois, to lay its gas mains, pipes, feeders and service pipes in any and all the streets, alleys, avenues, highways, parks, squares and public grounds throughout the Village of Hyde Park, south of the center line of Sixtv-seventh street, upon the following conditions. § 2. Said Calumet Gas Company, when it shall open the ground to lay any pipes, or for any purpose whatever, shall without delay restore the grounds, streets, pavements and sidewalks to a condition as good as before they opened them, and satisfactory to the Superintendent of Public Works, or such other person as the Board of Trustees may appoint. § 6. The works of said Calumet Gas Company shall be of sufficient capacity to supply said territory, and shall be commenced within six months, and gas furnished within eighteen months from the passage of this ordinance, and no more than two dollars per thousand cubic feet shall be charged to consumers : Provided however, that in case payment shall be made by said consumer on or before the twelfth day next after the month in which the gas shall be consumed, a rebate of twenty-five cents per thousand cubic feet shall be allowed to such consumer. § 4. The works of said Calumet Gas Company shall be located at a point south of the center line of E;ghty-third street.THE VILLAGE OF HYDE HAKE. 361 § 5. The said Calumet Gas Company, shall not have any privileges or rights in the territory bounded on the north by Ninety-fifth street, on the east by the center of Stony Island avenue, and on the south by the south line of Hyde Park, and on the west by the west line of Hyde Park. § 6. The said Calumet Gas Company, its successors and assigns, shall be subject to all the general ordinances of the Village of Hyde Park in relation to Gas Companies, now in force, and which shall hereafter be in force in relation to the government of Gas Companies, and shall save and keep harmless the said Village of and from all claims for damages growing out of any act on the part of said company, its successors or assigns, or their agents or servants. § 7. This ordinance shall be in force from and after its passage. Passed and approved November 9, 1885. CHICAGO TELEPHONE COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That the Chicago Telephone Company, its successors and assigns, be and they are hereby granted the right to erect and maintain, upon and along the streets and alleys of said Village, lines of poles and wires, the location and manner of construction of said poles and wires to be subject to the approval of Board of Trustees of the Village of Hyde Park: Provided, that in consideration hereof, the said Telephone Company shall proceed to rebuild and place upon its own poles the existing police and fire alarm wires of said Village, reserving sufficient space upon the top of its poles to carry such wires as may from time to time be required by the Village, the Village to furnish wire and insulators, the Telephone Company thereafter to maintain said poles and lines in good repair, the Village to furnish wires and insulators for renewals when needed; and further, provided, that the Telephone Company, its successors and assigns, shall furnish the Village Hall with an exchange telephone, connected with the Chicago exchange, free of charge, and shall also furnish the Village with telephones, Edison transmitter, for use upon municipal private lines, for municipal purposes, at the rate of seven dollars and a half per annum rental for each telephone, and for each Edison transmitter so furnished. This ordinance shall be in force from and after its passage. Passed and approved August 3, 1882.362 SPECIAL ORDINANCES OF WESTERN EDISON LIGHT COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: § 1. That permission and authority be and hereby is given to the Western Edison Light Company, its successors or assigns, to lay and maintain its system of electric conductors underground in the streets, alleys, places, tunnels, parks and public grounds of the Village of Hyde Park. § 2. Such electric conductors shall be properly insulated, and shall be laid under the supervision and direction of the department of Public Works. § 3. Whenever in laying or repairing such electric conductors, it shall be found necessary to disturb any pavement, sidewalk, crosswalk, sewer, drain, water pipe or gas pipe, or telegraph or electric wires, cables or pipes, the same shall be forthwith restored to as good condition as before such.disturbance, by and at the expense of said Western Edison Light Company, its successors or assigns, and under the direction and to the satisfaction of the Department of Public Works of said Village: Pro- vided, that if said Company, its successors or assigns, as the case may be, shall fail or refuse to make such restoration, the same may be done by said Village, and it, or its successors or assigns, as the case may be, snail be liable for the cost thereof: Provided further, that said Company, its successors o^ assigns shall not make any excavation in any street, alley or public place without first procuring a permit for that purpose from the department of Public Works of said Village, which permit shall specify the time, place and manner of making such excavation. Before issuing such permit, the comptroller may require from the said Company, its successors or assigns, as the case may be, a deposit not exceeding two hundred and fifty ($250) dollars for each block of improved street, or fifty ($50) for each block of unimproved street, authority to disturb which is granted in said permit. And the deposit so exacted shall be returned to the said Company, or its successors or assigns, as the case may be, on the completion of the work proposed in the permit, to the satisfaction of the department of Public Works. § 4. Said Company, or its successors or assigns, shall not open or encumber more of any street, avenue, alley or public place at any one time, than may be necessary to enable it to proceed with advantage in the laying of such wires or conductors, nor shall it, or its successors or assigns, as the case may be, permit any such street, avenue, alley or public place, to remain open or encumbered for a longer period than necessary to execute the said work, nor without putting up the necessary barriers and lights so as to effectually prevent the happening of any accident in consequence of such opening or encumbering of such street, alley, avenue or public ground.THE VILLAGE OF HYDE PAEK. 363 § 5. Nothing in this ordinance shall be construed as conferring any exclusive rights or privileges on the Western Edison Light Company, its successors or assigns, and this ordinance shall not take effect until the said Company shall execute a bond to the Village of Hyde Park, in the penal sum of ten thousand dollars (110,000), with sureties satisfactory to the President and Board of Trustees, conditioned to indemnify and save harmless the Village of Hyde Park of and from all damages which may be occasioned or which in any way may occur, or arise, or grow out of the exercise by it, or its successors or assigns, of the privileges hereby granted: Provided further, that unless the said Company, its successors or assigns, shall commence work under this ordinance within six months from the passage hereof, then all the rights and privileges herein granted shall be forfeited and of no effect. • § 6. The liability of said Company, or its successors or as- signs, as the case may be, to said Village or any person who may -be injured, by the exercise by it or them of any of the rights or privileges hereb}^ granted, shall not be limited by the penalty of the bond herein required, nor shall such remedy be confined to said bond, it being understood that such remedy is merely cumulative and that said Village of Hyde Park, and any person or persons, shall have the same remedies against it, or its successors or assigns, as the case may be, as it or they would, or might have, if no such bond was given. § 7. This grant shall be subject to any and all general ordinances of the Village of Hyde Park, either now in force, or hereafter coming in force, in relation to the maintenance of underground lines of wire or other electric conductors in the streets, avenues, alleys and tunnels of said Village, and in relation to the inspection of electric lights and their conductors. Passed and approved March 27, 1884. WESTERN ELECTRIC COMPANY. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park: § 1. That permission and authority be and are hereby granted .unto the Western Electric Company, a corporation of the State of Illinois, its successors and assigns, to erect and operate electric lights in the district of South Chicago, Village of Hyde Park, that is to say, within the limits described as follows : 87th street on the north, 106th street on the south, Ashkum avenue on the west, from 87th street to Western Indiana railroad track, and Hoxie avenue from said railroad crossing to 106th street, and Hake Michigan on the east. § 2. The right of way for that purpose is hereby granted to the said Western Electric Company through and across the .streets, alleys and public grounds of said district of South Chi-S 64 SPECIAL ORDINANCES OE cago, for erecting and maintaining the necessary poles, and laying, suspending and maintaining the necessary wires and other appliances for the transmission of electricity in, through, under or over the said streets,alleys and public grounds of said district: Provided, however, that all necessary poles shall be erected in the alleys of said district, and that said streets, alleys and public grounds shall not be unnecessarily obstructed in the erection arid maintenance of said poles, or the suspending and maintenance of said electric conductors; and provided further, that this ordinance is granted upon the express understanding, that the Board of Trustees of Hyde Park may at any time, whenever in their opinion the public safety requires, direct any change in respect to the location and management of the poles and wires, or to wholly discontinue the existence and operation of the same. v § 3. The permission and authority hereby granted shall continue for a period of twenty-five years, unless sooner terminated by the Board of Trustees of the Village of Hyde Park as aforesaid, and in consideration of said grant the said Western Electric Company agrees to indemnify and hold harmless the Village of Hyde Park against all claims for damages on account of the setting and maintenance of poles, and stringing wires, or operating and managing the same, and the acceptance of this ordinance by said company shall constitute a sufficient guarantee to that effect. Passed and approved February 1, 1886. BALTIMORE AND OHIO TELEGRAPH COMPANY. Be it ordained by the President and Board of Trustees of the Village of Hyde Park: That permission be and is hereby granted to the Baltimore and Ohio Telegraph Company, and it is hereby authorized to construct and maintain a line of telegraph through the following streets of the said Village of Hyde Park, Cook County, Illinois, namely: That part of Madison avenue laying between the north line of Seventieth street and the south line of Seventy-sixth street lying between the east line of said Madison avenue and the right of way of the New York, Chicago and St. Louis Railway Company. The line to be constructed along said streets in such a manner as to the kind, position and height of the telegraph poles, the height of the wires above the streets, and in all other particulars as may direct. The said Village of Hyde Park having and reserving the right to use exclusively the top arm and wires thereon, set apart for its use, on any or all of the poles which maybe set and used by said Telegraph Company upon its aforesaid line, for any of its police and fire alarm wires, and continue to use the same for that pur-THE VILLAGE OF HYDE PAKE. 365 pose so long as said line shall be maintained and operated by said Company. The aforesaid right and privileges being consented to and granted by said Telegraph Company in its petition for this ordinance. The privileges hereby granted are upon the further express condition, that said Telegraph Company shall be subject to all general ordinances now in force, or which may hereafter be passed, concerning telegraph lines, and a willful and continued failure on the part of said Company to comply with the privileges of this ordinance, or the provisions of any such general ordinance now in force, or which may hereafter be passed, shall work a forfeiture of the rights granted by this ordinance, in which event the Trustees of said Village may, by thirty days notice in writing to the General Superintendent of the Telegraph Company, require the poles and wires erected under the provisions hereof to be taken down, and upon failure of said Company to comply with the requirements of such notice the said poles and wires may be removed at the expense of the said Company. Passed and approved April 5, 1884. WESTERN UNION TELEGRAPH COMPANY. Be it ordained by the. Board of Trustees of the Village of Hyde Park: § 1. That the Western Union Telegraph Company is hereby authorized to erect telegraph poles and maintain a line of telegraph thereon on Sixty-first street, from State street to a point in rear of the grand stand of the Washington Driving Park. § 2. The whole manner of constructing said telegraph line, as to position and otherwise, shall be as the Village Electrician shall direct. § 3. All the proceedings of said Telegraph Company under this ordinance, shall be subject to any ordinance relative to the same which may hereafter be passed by the Board of Trustees of the Village of Hyde Park. § 4. The Village of Hyde Park shall have the right to string and maintain wires on said poles. Passed and approved June 27, 1884. SOUTH PARK COMMISSIONERS. AN ACT to provide for the location and maintenance of a park for the towns of South Chicago, Hyde Park and Lake. [Pr. Laws, 1869 (24th Feb.) 358.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That five persons, who shall be appointed by the governor of the State of Illinois, together with366' ACT CONSTITUTING their successors, bo, .and they are hereby, constituted a board of public park commissioners, for the towns of South Chicago, Hyde Park and Lake, to be known under the name of the South Park Commissioners; and in case of the failure of any of said persons to accept such appointment, and to qualify thereunder as hereinafter provided, within sixty days after the passage of this act, the place of such person in said commission shall be thereby vacated, and it shall be the duty of a majority of the commissioners so accepting to appoint some suitable person to fill the place thus made vacant, which appointment, when accepted by such nominee, shall constitute such person as a commissioner under this act. And a majority of said commissioners shall so continue to nominate until the board shall consist of five persons. Each of said commissioners, before entering upon the duties of his office, shall take an oath to well and properly discharge the duties of his office for the interest of the public, which oath shall be reduced to writing, subscribed to by him, and filed in the office of the county clerk of Cook county. They shall each give a bond in the* penal sum of fifty thousand dollars, with one or more sureties, to be approved by the judge of the circuit court of Cook county, to the treasurer of Cook county, conditioned for the faithful discharge of their duties under this act. § 2. As soon as convenient after the said board shall be constituted as aforesaid, the members thereof shall decide by lot, at a meeting to be called by any three of them, as to the respective terms for which each member shall hold his office; the number of lots shall equal the number of commissioners, and the person drawing the longest term shall serve for five years from the first day of March, A. D. 1869; the one drawing the next, shall serve for four years from said date; the one drawing the next, shall serve for three years from said date; and so on until the term of* each one of said commissioners shall be definitely determined, each one serving for the length of time inscribed on the lot drawn by him—the last of said commissioners serving for the term of one year only from said first day of March, A, D. 1869. As soon as the term of office of each of said commissioners shall be determined as aforesaid, said board shall organize by electing one of their number as president, and one of their number as auditor; they shall also appoint a treasurer, prescribe his duties, and fix his compensation, who shall give bond for the faithful discharge of his duties in the penal sum of .five hundred thousand dollars, with not less than three sufficient sureties, to be approved by the judge of the circuit court of Cook county. They shall also choose a secretary, who shall not necessarily be a commissioner, and who shall hold his office until his successor shall be appointed as hereinafter provided; and all officers appointed by the board shall be subject to removal at the pleasure of the board. The said board shall adopt a seal, and alter the same at pleasure; they shall keep a complete record of all their proceedings, which shallSOUTH PARK COMMISSIONERS. m be open at all times for the inspection of the public. The said commissioners shall receive no compensation for their services, except the president, who may, in the discretion of said board, have and receive such compensation as may be fixed as hereinafter provided, not to exceed three thousand dollars per annum. All vacancies occurring in said board shall be filled by the appointment of the judge of the circuit court of Cook county, when such vacancy or vacancies shall occur. Said board of commissioners shall be a body politic and corporate, and shall have and enjoy all the powers necessary for the purposes of this act. § 3. The president, auditor, treasurer and secretary shall be elected annually by said board, at the annual meeting thereof, and shall receive such salary for their services as said board shall from time to time determine, not exceeding for each of said officers, the sum of three thousand dollars per annum. § 4. The said commissioners, by this act, are authorized and empowered to, and they shall, within ninety days after their organization, as aforesaid, or as soon thereafter as practicable, select the following described lands, situated in the towns of South Chicago, Hyde Park and Lake, in Cook county, Illinois, to-wit: commencing at the southwest corner of Fifty-first street and Cottage G-rove avenue, running thence south along the west side of Cottage Grove avenue to the south line of Fifty-ninth street; thence east along the south line of Fifty-ninth street, to the east line of Hyde Park avenue; thence north on Hyde Park avenue to Fifty-sixth street; thence east along the south line of Fifty-sixth street to Lake Michigan, thence southerly along the shore of the lake to a point due east of the center of section twenty-four (24) in township thirty-eight (38) north, range fourteen (14); thence west through the center of said section twenty-four (24) to Hyde Park avenue; thence north on the east line of Hyde Park avenue to the north line of Sixtieth street, so called; thence west on the north line of Sixtieth street, so called,' to Kankakee avenue; thence north on the east line of Kankakee avenue to Fifty-first street; thence east to a point to the place of beginning; also a piece of land commencing at the southeast corner of Kankakee avenue and Fifty-fifth street, running thence west a strip two hundred feet wide adjoining the north line of Fifty-fifth street; along said Fifty-fifth street to the line between ranges thirteen (13) and fourteen (14) east; thence north, east of and adjoining said line, a strip 200 feet wide, to the Illinois and Michigan Canal; also a parcel of land beginning at the southwest corner of Douglas place and Kankakee avenue, running thence south a strip of land 132 feet wide, along the west side of said Kankakee avenue, to a point 150 feet south of the south line of Fifty-first street; also a strip of land commencing at the intersection of Cottage Grove avenue and Fifty-first street, running thence east 100 feet in width on each side of the center line of Fifty-first street, to a point 100 feet east of the center line of368 ACT CONSTITUTING Drexel avenue; also a strip of land extending north from the intersection of Fifty-first street with Drexel avenue, 100 feet in width on each side of the center line of said avenue to the north line of Forty-third street; thence northerly, a strip of land 200 feet in width, till it meets or intersects with Elm street in Cleaver-ville; thence northerly along said Elm street, 200 feet in width, west from the east line of said street, to its intersection with Oak-wood avenue; which said land and premises, when acquired by said commissioners as provided by this act, shall be held, managed and controlled by them and their successors, as a public park, for the recreation, health and benefit of the public, and free to all persons forever, subject to such necessary rules and regulations as shall, from time to time, be adopted by said commissioners and their successors for the well ordering and government of the same. § 5. In case the said commissioners cannot agree with the owner or owners, lessees or occupants of any of the said real estate selected by them as aforesaid, they may proceed to procure the condemnation of the same in the manner prescribed in the act of the General Assembly of the State of Illinois, entitled “An Act to amend the law condemning right of way for the purpose of internal improvements,” approved June 22, 1852, and the acts amendatory thereof, the provisions of which said act, and the several acts amendatory thereof, are hereby extended to the park and park commissioners to be created by virtue of this act. § 6. When the title to the land selected for such park as herein provided, shall have been acquired by said commissioners, by gift, condemnation or otherwise, it shall be the duty of such commissioners to make, acknowledge, and file for record in the office of the recorder of deeds for Cook county, a map, showing the said land, with a correct description, including section, township and range. § 7. As soon as the amount required for the condemnation of the grounds selected for said park shall have been ascertained, by said commissioners, with reasonable certainty, they shall apply to the judge of the circuit court of Cook county, for the appointment of three freeholders of the county of Cook as park assessors. The commissioners shall give notice in one or more of the daily newspapers published in the city of Chicago, of the time when such application will be made, and all parties interested may appear and be heard by the said judge, touching such appointment. At the time fixed for such application, the court, after hearing such persons as shall desire to be heard, touching such appointment, shall nominate and appoint three assessors for the purposes provided in this act. The said assessors shall proceed to assess the amount so ascertained upon property in the towns of South Chicago, Hyde Park and Lake, in Cook county, deemed benefited by reason of the improvement occasioned by the location of said park, as near as may be in proportion to the benefits resultingSOUTH PARK COMMISSIONERS. 369 thereto’: Provided, that the aggregate of said benefits is equal to or greater than the amount of said damages, and in case the aggregate of the benefits is less than the damages, then the balance of the damages over the benefits shall be paid from the fund provided for in section eight of this act. Upon entering on the duties of their office, the said assessors shall make oath before the clerk of the said circuit court faithfully and impartially to discharge the duties of their office. They shall give at least ten days notice in one of the said daily papers, of the time and place of their meeting for the purpose of making said assessment, and may adjourn such meeting from time to time until the same shall be completed. In making the said assessment the said assessors shall estimate the value of the several lots, blocks or parcels of land deemed benefited by them as aforesaid, and shall include the same, together with the amount assessed as benefits, in the assessment roll. All parties interested may appear before said assessors, and may be heard touching any matter connected with the assessment. When the same shall be completed, it shall be signed by the assessors, and returned to the said circuit court, and shall be filed by the clerk thereof. The assessors shall thereupon give at least ten days notice in one of the said daily papers, of the filing of said assessment roll, and they will on a day therein named, apply to the said circuit court for confirmation of* the same, which said notice shall be published at least ten days before the time fixed for such application. Said circuit court shall have power to revise, correct, amend or confirm said assessment, in whole or in part, and may make or order a new assessment in whole or in part, and the same revise and confirm upon like notice. All parties interested may appear before said circuit court, either in person or by attorney, when such application shall be made, and may object to said assessment, either in whole or in part, provided all objections shall be in writing, and shall be filed at least three days before the time fixed for the application, and shall specify the lot, block or parcels ofland on behalf of which objection is made. After the confirmation of such assessment, the clerk of said circuit court shall file a copy thereof, under the seal of his said court, with the clerk of the county court of Cook county, and said assessment shall be a lien upon the several lots, blocks or parcels of land assessed for the benefits as aforesaid. Ten per cent, of the amount so ascertained shall be due and payable annually, and the clerk of said Cook county court shall include in the general tax warrants for each year, until the whole sum shall be paid, for the collection of State and county taxes in the said towns of South Chicago, Hyde Park and Lake, ten per cent, of the said assessments, in an appropriate column, to be termed “ South Park Assessment,” with the amount to be collected opposite the several lots, blocks or parcels ofland assessed as aforesaid; and like proceedings in all respects shall be had for enforcing the collection of the same as is now provided by law for the collec-24370 ACT CONSTITUTING tion of State and county taxes. The money collected under the provisions of this section shall be paid to the treasurer of Cook county, for which he and his sureties shall be responsible, as fully as for any other moneys by him received as treasurer of Cook county, and be held by him in the same manner and be subject to the same control and direction, as provided in this act for other moneys belonging to said corporation; and the treasurer of Cook county shall be entitled to receive one half of one per cent, and no more, of said moneys as a full compensation for receiving and disbursing the same. § 8. For any deficiency arising through acquiring a title to said park, and for the payment of expenses of enclosing, maintaining and improving the park herein provided for, and the expenses, disbursements and charges in the premises, the said commissioners shall have power to loan or borrow, from time to time, for such time as they shall deem expedient, a sum of money not exceeding two millions of dollars, and shall have authority to issue bonds, secured upon the said park and improvements, which bonds shall issue under the seal of said commissioners, and shall be signed by said commissioners, and countersigned by the secretary of said board, and bear interest not exceeding seven per cent, per annum; and it shall be the duty of said commissioners to keep an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and to whom the same was issued, and said register shall at all times be open to the investigation of the public; and for the payment of the principal and interest of said bonds, the said park and improvements shall be irrevocably pledged, and the towns of South Chicago, Hyde Park and Lake, shall be irrevocably bound; and said bonds may be sold by said commissioners, upon such terms and for such prices as, in the judgment of said commissioners, can be obtained for the same in cash. § 9. The said board of park commissioners shall annually, on or before the 1st day of December in each year, transmit to the clerk of the county court of Cook county, an estimate, in writing, of the amount of money, not exceeding in anyone year, three hundred thousand dollars, necessary for the payment of the interest on the bonds issued by said board, and that in addition thereto will be required for the improvement, maintenance and government of said park during the current year; and the said clerk shall proceed to determine what per cent, said sum is on the taxable property of said towns, according to the several assessor’s returns for the respective year, and shall, in the next general tax warrants for the collection of State and county taxes in said several towns, set down the amount chargeable to the several persons, corporation, lots or parcels of ground, in a separate or appropriate column, and shall receive such compensation as now allowed by law; and the collectors respectively shall proceed to collect the same in the manner now provided by law for the col-SOUTH PARK COMMISSIONERS. 871 lection of State and county taxes; and all the provisions of law, in respect to the collection of State and county taxes, and proceedings to enforce the same, so far as applicable, shall apply to said assessments and taxes. The said sum of money shall be placed by the treasurer of the said county of Cook, to the credit of said board of park commissioners, and shall be drawn by said board from the county treasury by warrant, signed by the president and secretary of the board, and countersigned by the auditor, to be appointed as aforesaid, and in no other way; the appointment of such auditor or comptroller having been first duly certified by such president and secretary, and filed in the office of said treasurer of Cook county. § 10. It shall be lawful for said commissioners to vacate and close up any and all public roads and highways, excepting railroads, which may pass through, divide or separate any lands selected or appropriated by them for the purpose of a park; and no such road shall be laid out through said park, except as the said commissioners shall lay out and construct. § 11. No one of the said commissioners shall be interested, either directly or indirectly, in any contract entered into by them with any other person, nor shall they be interested directly or indirectly, in the purchase of any material to be used or applied in and about the uses and purposes contemplated in this act. And it shall be a .misdemeanor for any commissioner to be directly or indirectly interested, or in any way pecuniarily interested in any contract or any work of any kind whatever, connected with said park. j § 12. The said commissioners, or either of them may be rer moved from office by the judge of the circuit court of Cook county, upon the petition presented to him in term time or in vacation, by one hundred freeholders of said towns of South Chicago, Hyde Park and Lake, if it shall appear, after hearing the proof before said judge, that the said commissioners or either of them, have been guilty of misdemeanor or malfeasance in office under this act; and if the said judge shall remove any two or more of said commissioners from office for any cause, before the expiration of their term of office, he is hereby empowered to appoint others in their stead, who shall fill such offices for and during the unexpired term of such commissioners so removed. § 13. The said board shall have the full and exclusive power to govern, manage and direct said park; to lay out and regulate the same; to pass ordinances for the regulation and government thereof; t'o appoint such engineer, surveyors, clerks and other officers, including a police force as may be necessary; to define and prescribe their respective duties and authority; fix the amount of their compensation, and generally, in regard to said park, they shall possess all the power and authority now by law conferred upon or possessed by the common council of372 ACT CONSTITTJTr&rG the city of Chicago, in respect to the public squares and places in said city; and it shall be lawful for them to commence the improvement of said park as soon as they have obtained one hundred acres of the premises herein described. § 14. The office of anv commissioner under this act, who shall not attend the meetings of the board for three successive months, after having been duly notified of said meetings, without leave of absence from said board, may, by said board, be declared vacant. § 15. The real estate and personal property of said corporation shall be exempted from taxation and assessment. § 16. All moneys belonging or to belong to any park fund now in existence or hereafter to be created, and all bonds, and the proceeds from sales thereof now authorized or hereafter to be authorized to be issued by the city of Chicago for park purposes, in or to which the South Division of the city of Chicago may now or shall hereafter be entitled to a distributive share, shall be devoted and applied to the purchase or maintenance and improvement of the park contemplated and created by this act, under the direction and control of the commissioners provided for in this act. § 17. The bonds to be issued under this act may be received in payment of any assessment, whether such bond or assessment shall have become due or not upon such terms as shall be fair, just and equitable; and upon the payment of any assessment, the land upon which the same is assessed shall be free from any lien or liability to pay the same; and such payment shall be reported to the county clerk of Cook county, and entered upon the record of assessment. § 18. There shall be an election held in the towns of South Chicago, Hyde Park and Lake, on the fourth Tuesday in March next, after the passage of this act, at which election the legal voters voting at such election shall vote for or against this act. The tickets shall be printed or written, “For Park” or “Against Park;” and if a majority of the votes cast on the subject of park shall be “For Park,” then this act shall take effect and be in force, but not otherwise. The clerk of the county court of Cook county shall designate the places of holding such election, and give notice thereof in one or more of the daily papers published in the county of Cook, at least six days preceding such election, and shall supply the judges thereof with the necessary books, papers and boxes as in other cases of election, and there shall be one polling or voting place in each voting precinct in said towns, as the same were fixed at the last general election in the county of Cook. The persons who acted as judges or inspectors of election in the Several precincts of said towns, at the last general election in Cook county, shall be the judges or inspectors of this election. In case the judges or inspectors of election shall not attend at the time for opening the polls, such judges or inspectors shall be chosen by the legal voters present. The clerks shall beSOUTH PARK COMMISSIONERS. 373 appointed as provided in elections for county officers. The polls shall be opened and closed, and the election conducted as elections for county officers. All legal voters of said towns shall be entitled to vote at such election, without any new registration; and the judges or inspectors of such election shall use the registry list made for the general election in November, 1868 : Provided, that whenever any person whose name is not on the registry list shall offer his vote at such election, the judges or inspectors shall require the same evidence of his qualifications as now provided by law. The said judges of election shall immediately after tlie closing of the polls, count the ballots, fill out and sign the returns and tally-sheets, as now provided by law in all other elections, and return the poll books and ballots to the clerk of the county court, as in other cases of election. The votes shall be canvassed in the manner provided by law for the election of State and county officers. The clerk of the county court of Cook county, shall immediately after such convass, cause a certificate of the result of such election to be filed in the office of the secretary of state, which shall be conclusive evidence of the result of said election. § 19. This act shall be a public act, and shall take effect and be in force from and after its passage. Amendment April 16, 1869. [1 Pr. Laws 1869, p. 366.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the portion of the fourth section of the act to which this is amendatory and supplemental, which is in the words “ A piece of land commencing at the southeast corner of Kankakee avenue and Fifty-fifth street; running thence west, a strip two hundred feet wide adjoining the north line of Fifty-fifth street,” is hereby amended by substituting in lieu thereof the words “A piece of land commencing at the northeast corner of Kankakee avenue and Fifty-fifth street, running thence west a strip two hundred feet wide south of and adjoining the north line of said Fifty-fifth street. § 2. The bonds authorized to be issued by the act of which this is amendatory and supplemental, may be issued, sold, and the proceeds applied for acquiring said lands, and for any and all purposes in the said act mentioned. Siaid bonds shall be retired and canceled as fast as the money for that purpose can be obtained, by the collection of the money due upon the special assessment provided for in section seven of the act hereinbefore mentioned, and a sufficient amount of any bonds that may be issued by the city of Chicago under any law now in force or hereinafter enacted, and received by said commissioners, shall be applied to the purpose of retiring the bonds authorized by said act. § 3. The ninth section of said act is hereby so amended that the words “during the current year,” shall read u during the next succeeding year.” § 4, That the twelfth section of said act be and the same is874 SPECIAL ORDINANCES OF hereby amended so as to read as follows: The said commissioners, or either of them, may be removed from office by the judge of the circuit court of Cook county, upon the petition presented to him in term time, or in vacation, by one hundred freeholders of said towns of South Chicago, Hyde Park and Lake, if it shall appear after hearing proof before said judge, that the said commissioners, or either of them, have been guilty of misdemeanor or malfeasance in office under this act; and if the said judge shall remove anyone or more of said commissioners from office for any cause before the expiration of their term of office, he is hereby authorized and empowered to fill the vacancy or .vacancies thus created by appointing other commissioners in their place, who shall serve during the unexpired terms of the commissioners so removed. § 5. The commissioners to be appointed under said act are hereby vested with the same powers and duties as are conferred by said act in relation to lands designated for parks, over all streets running longitudinally along and adjoining any and all of the proposed parks, or strips of land designated in said original act, as are conferred by said act in.relation to such parks and strips of land, as may be necessary to improve and keep in repair the same, in connection with the said parks or strips of land without obstructing the fences or other structures, free access to the said streets from existing roads and streets, and by owners of land abutting on the same. § 6, The elections held in the towns of South Chicago, Hyde Park and Lake, on the twenty-third day of March, A. D. 1869, under and by virtue of the eighteenth section of the act to which this is an' amendment, are hereby legalized and confirmed, and said act shall be held and deemed to have been regularly and legally adopted by the legal voters of said towns, and shall remain in full force arid effect, and shall be liberally construed in all courts, with a view to carry out and enforce the intent and meaning of the same. § 7. This act is hereby declared a public act, and shall take effect and be in force from and after its passage. ORDINANCES OF THE VILLAGE OF HYDE PARK CONCERNING MICHIGAN AVENUE AND FORTY-SEVENTH STREET. Be it ordained by the President and Board of Trustees of the Village of Hyde Park; § 1. That whereas the General Assembly has passed a certain act which was duly approved April 9th, A. D. 3879, and which, with the title thereto, is in the words and figures following: “An Act to enable Park Commissioners and corporate authorities to take, regulate, control and improve public streets leadingSOUTH PARK COMMISSIONERS. 375 to public parks; to pay for the improvement thereof, and in that behalf to make and collect a special assessment, or special tax on contiguous property. § 1. J3e it enacted by the People of the State of Illinois represented in the General Assembly, That every Board of Park Commissioners shall have power to connect any public park, boulevard or driveway under its control, with any part of any incorporated city, town or village, by selecting and taking any connecting street or streets, or parts thereof, leading to such park: Provided, that the street so selected and taken, so far as taken, shall be within the district or territory, the property of which shall be taxable for the maintenance of such park : and provided further, that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on such street or streets, so far as taken, shall be first obtained: and provided further, that such connection or improvement shall embrace only such street or streets as are necessary to form one continuous improvement. § 2. That such Board of Park Commissioners or such corporate authorities, as are by law authorized to levy taxes or assessments for the maintenance of such parks, shall have power to improve such street or streets as they may deem best; and for that purpose they are hereby authorized to pay for the improvement thereof, and from time to time, to levy or cause to be levied and collected a special tax or assessment on contiguous property abutting upon such street so improved, for'a sum of raonej not exceeding the estimated cost of such first improvement or improvements, as shall be ordered and estimated by such Board of Park Commissioners,, but not for any subsequent repairs thereof. And to that end such beard or corporate authorities shall have all the power and authority now or hereafter granted to them respectively, relative to the levy, assessment and collection of taxes or assessments for corporate purposes. And such special taxes or assessments as are hereby authorized, may be divided into not exceeding four annual installments, bearing interest at the rate of six per cent, per annum from the date of confirmation until paid; and the said assessments or installments thereof shall be collected and enforced in the same manner as is provided by law for the collection and enforcement of other taxes or assessments, for, or on account of such corporate bodies, or boards, as aforesaid, so far as the same are applicable. § 3. Such park boards shall have the same power and control over the parts of streets taken under this act, as are or may be by law vested in them of, and concerning the parks, boulevards or driveways under their control. § 4. In case any such streets or parts thereof shall pass from the control of any such park board, the power aiad authority over the same, granted or authorized by this act,37 & SPECIAL ORDINANCES OF shall revert to the proper corporate authorities of such city, town or village, respectively as aforesaid. § 5. Any city, town or village in this State, shall have full power and authority to invest any of such park boards with the right to control, improve ¿in d maintain any of the streets of such city, town or village for the purpose of carrying out the provisions of this act. § 6. Whereas, there is a necessity for the immediate construction of the improvement contemplated in this act, therefore an emergency exists and this act shall take effect and be in force from and after its passage.” Approved April 9, 1879. § 1. And whereas the Board of South Park Commissioners are about selecting and taking, for the uses and purposes in the said act mentioned, that part of Michigan avenue extending from the center line of Thirty-ninth street to the north line of Fifty-fifth street or Garfield boulevard, and the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on said Michigan avenue, so far as taken or proposed to be taken by said board, having been obtained, consent is hereby given and granted to the said Board of South Park Commissioners to take, regulate and control and improve the before described part of Michigan avenue, in manner and form provided in the said Act of the General Assembly: Provided, however, that nothing in this ordi- nance contained, shall be construed as a waiver or relinquishment by or on the part of said Village of any of its rights or powers in relation to the laying of water or gas mains and pipes, and the building and repairing of sewers in said street, and the regulating of openings for the same. All powers which said Village now has in relation to water and gas pipes and sewers and their connections, and the regulation of the same, and the openings for the same in streets and alleys of said Village, being hereby expressly reserved as to the said part of Michigan avenue in as ample a manner as if the aforesaid consent were not given: jProvided, that the estimated cost of said first improvement shall include a su*p sufficient to lay a pavement of the best quality stone curbing, a permanent sidewalk of uniform width, and such shade trees, shrubbery, additional lamp-posts, and other additions as may be deemed necessary to make the same in every respect a thoroughly finished boulevard: Provided'farther, that said Board of South Park Commissioners shall not, in any one year, make an assessment for the improvement hereby contemplated of more than half a mile in length of said portion of said Michigan avenue, and said improvement to be commenced at 39th street. And provided further, that no improvement shall be made on any portion of said avenue described herein, until the sewers, gas pipes and water pipes shall have been constructed and laid. And provided f urther, that no assessment shall be made for the^SOUTH PAUK COMMISSIONERS. 377 improvement of any portion of said avenue south of 39th street, until an assessment shall have been made for the improvement thereof between 35th and 39th streets. § 2. Unless the said Board of Park Commissioners shall, within six months from the approval hereof, select and take the said part of said street for the purposes aforesaid, this ordinance shall cease to be of any force or effect, and the consent hereby given by section one aforesaid shall be deemed to be withdrawn. Passed and approved July 26, 1884. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park: § 1. That whereas the General Assembly of the State of Illinois heretofore passed a certain act entitled “ An act to enable Park Commissioners and corporate authorities to take, regulate, control and improve public streets leading to public parks; to pay for the improvement thereof, and in that behalf to make and collect a special assessment, or special tax on contiguous property,” which said act was duly approved April 9, 1879; and whereas the General Assembly also passed an act entitled “An act to amend sections one and two of an act to enable Park Commissioners and corporate authorities to take, regulate, control and improve public streets leading to public parks; to pay for the improvement thereof, and in that behalf to make and collect a special assessment, or special tax on contiguous property,” which was duly approved June 27, 1885. Which said act of 1879 as amended by said act of 1885 is in words and figures following: § 1. Be it enacted by the People of the Stale of Illinois, represented in the General Assembly, That every Board of Park Commissioners shall have power to connect any public park, boulevard or driveway under its control, with any part of any incorporated city, town or village, by selecting and taking any connecting street or streets, or part thereof, leading to such park; “and shall also have power to accept and add to any such park any street or part thereof which adjoins and runs parallel with any boundary line of the same: Provided, that the streets so selected and taken, so far as taken, shall lie within the district or territory, the property of which shall be taxable for the maintenance of such parks; and provided f urther, that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in writing, of the owners of a majority of the frontage of the lots and lands abutting on such street or streets so far as taken, shall be first obtained. § 2. That such Board of Park Commissioners, or such corporate authorities as are hereby authorized to levy taxes or assessments for the maintenance of such parks, shall have power to improve, maintain and repair such street or streets in such manner as they may deem best; and for that purpose they are hereby au-378 SPECIAL ORDINANCES OF thorized to pay for the improvement thereof,, and from time to time to levy or cause to be levied and collected a special tax or assessment on contiguous property abutting upon such street so improved, for a sum of money not exceeding the estimated cost of such improvement or improvements, and for the future maintain and repair thereof, as shall be ordered and estimated by such Board of Park Commissioners. And to that end such board or corporate authorities shall have all the power and authority now or hereafter granted to them respectively relative to the levy, assessment and collection of taxes or assessments for corporate purposes, and such special taxes or assessments as are hereby authorized may be divided into not exceeding four annual installments, bearing interest at the rate of six per cent, per annum from the date of confirmation until paid; and the assessment or installments thereof shall be collected and enforced in the same manner as is provided by law, for the collection and enforcement of oilier taxes or assessments for, or on account of such corporate bodies, or boards as aforesaid, so far as the same are applicable. . § 3. Such park boards shall have the same power and control over the parts of streets taken under this act, as are or may be by law vested in them of and concerning the parks, boulevards or driveways under their control. § 4. In case any such streets or parts thereof, shall pass from the control of any such park board, the power and authority over the same, granted or authorized by this act shall revert to the proper corporate authorities of such city, town or village, respectively as aforesaid. § 5. Any city, town or village in this State, shall have full power and authority to invest any of such park boards with the right to control, improve and maintain any of the streets of such city, town or village, for the purpose of carrying out the provisions of this act. § 6. Whereas, there is a necessity for the immediate construction of the improvements contemplated in this act, therefore an emergency exists and this act shall take effect and be in force from and after its passage.” x\nd, whereas, the consent in writing has been obtained of the owners of a majority of the frontage of the lots and lands abutting on that part of 47th street, which extends from the west line of the right of way of the Illinois Central Railroad Company to the east line of Drexel boulevard; that the South Park Commissioners may select and take the above described part of 47th street, and add the same to the public park under their control, for the purposes and under the provisions of said act of 1879, as amended by said act of 1885. § 1. Consent is hereby given and granted to the said South Park Commissioners, to select and take that part of 47th street which extends from the west line of the right of way of the Illinois Central Railroad Company to the east line of Drexel boulevard,south: park commissioners. 879 and add the same to the public park under their control, and the said South Park Commissioners are hereby invested with the right to control, improve and maintain the said part of 47th street, for the purpose of carrying out the provisions of said amended act: Provided, however, that nothing in this ordinance contained shall be construed as a waiver or relinquishment, by or on the part of the said Village of Hyde Park of any of its rights and powers in relation to the laying of water or gas mains or pipes, and the building and repairing of sewers in said street and the regulating of openings for the same; all powers which the said Village now has in relation of water and gas mains, and sewers, and their connections, and the regulation of the same, and the openings of the same in the streets and alleys of said Village, being hereby expressly reserved as to said part of 47th street, in as ample a manner as if the aforesaid consent had not been given. § 2. Unless the said South Park Commissioners shall within six months from the approval hereof, select and take the said part of said street for the purpose aforesaid, this ordinance shall cease to be of any force or effect, and the consent hereby given by section one aforesaid, shall be deemed to be withdrawn. Passed and approved March 7, 1887. SOUTH PARK ORDINANCES. Whereas, by an act of the General Assembly of the State of Illinois, entitled an act to provide for the location and maintenance of a park for the towns of South Chicago, Hyde Park and Lake, it is provided as follows, to wit: “The said board shall have full and exclusive powers to govern, manage and direct said park ; to lay out and regulate the same; to pass ordinances for the regulation and government thereof; to appoint such engineers, surveyors, clerks, and other officers, including a police force, as may be necessary; to define and prescribe their respective duties and authority; to fix the amount of their compensation; and, generally, in regard to said p irk, they shall possess all the powers and’authority now by law conferred upon or possessed by the common council of’ the city of Chicago, in respect to public squares and places in said city.” Therefore, be it ordained by the South Park Commissioners as follows: § 1. The said park, which is under the management and direction of the South Park Commissioners, shall be, and the same is hereby, designated as the South Park. § 2. No person shall, without the consent of the superintendent, play at ball, cricket, or any other game or play whatever, in said park.380 SPECIAL OBDINANCES OF § 3. No person shall climb or walk upon any wall or fence of said park. § 4. Cattle, horses, goats, swine, or other animals, or domestic fowls, shall not be turned into said park, or allowed to run at large, therein. § 5. No dog or bitch, or domestic fowl, belonging to any officer or employee of said commissioners residing within the limits of said park, shall be permitted to run at large. § 6. A'l persons are forbidden to carry fire-arms, or to throw stones or other missiles within said park. All persons are forbidden to cut, break, or in any way injure or deface the trees, shrubs, plants, turf, or any of the buildings, fences, bridges, or other construction or property within or upon said park. § 7. No person shall converse with, or in any manner hinder, those engaged in constructing or repairing said park. § 8. No animal shall be driven or ridden in said park, at a rate of speed exceeding eight miles per hour. § 9. No vehicle, or horse, or other animal, shall be permitted on the foot walks, the same being assigned exclusively to pedestrians; nor shall any vehicle, or horse or other animal of burden, go or be taken upon any part of said park, except upon the carriage drives and upon such places as are appropriated for carriages at rest. § 10. No vehicles or animals shall be permitted to stand upon the drive or carriage roads of said park, or of any part thereof, to the obstruction of the way, or the inconvenience of travel; nor shall any person solicit passengers within said park without consent of the board. § 11. No person shall, within said park, expose for sale any article or thing, nor shall any hawking or peddling be allowed therein. 12. No omnibus, wagon, cart, dray, truck, or other vehicle for carrying goods, merchandise, manure, or other articles, except such as are engaged in repairing or constructing said park, shall be allowed to enter the same. § 13. No language, abusive, insulting, obscene, or calculated to occasion a breach of the peace, shall be permitted in said park, nor shall persons tell fortunes, play at any game of chance, at any table or instrument, be drunk or do any indecent acts therein. § 14. No person shall bathe or fish, or go or send, or ride an v animals into the waters of said park, nor shall any person disturb any jxsh, fowl or other animals kept therein, or throw or place any article or thing into the waters or upon the grounds thereof. | 15. No person shall discharge, or set, or touch off, or enkindle, or operate any manner of fire, or fireworks in the said park. § 16. No person shall, in the said park, post or fix any notice or bill; nor shall such be posted or fixed on any tree, fence, or any place therein. § 17. No person shall in the said park, play any musical in-SOUTH PAKE COMMISSIONERS. 3S1 Strument, nor carry or display any flags, banners, transparencies, or target. § 18. No band or company shall be permitted to parade, drill, or perform any movements, evolutions or ceremony in said park without the consent of the park commissioners. § 19. No funeral procession, or hearse carrying a deceased body, shall be in the said park permitted. § 20. No horse or other animal shall be permitted to go upon any grass or lawn, nor shall any person be permitted to go thereon except where the word “common” shall be posted to indicate the permission so to do. § 21. Any member of the South Park police shall have power to arrest, and commit for examination, any person who shall not, when directed, desist from any violation thereof. § 22. Any person who shall disobey, or neglect, fail, or refuse to comply with this ordinance, or any section thereof, except when otherwise, herein provided, shall, on conviction thereof, pay a fine of not less than five, nor more than one hundred dollars. § 23. The police force of said South Park Commissioners, shall consist of one captain, three sergeants, and such number of policemen as shall from time to time be appointed, and they shall hold their respective offices during the pleasure of the park commissioners. The captain of police shall have the general charge of the police force, subject to such rules and regulations as shall from time to time be established, and it shall be his duty to report to the commissioners, in writing, the delinquency of any member of the police force, and may suspend any such member, until such delinquency shall be acted upon by the commissioners.. § 24. The several members of the police force, when on duty, shall devote their time and attention to discharge of the duties of their station according to the ordinance, rules, and regulations and directions of the superintendent, and it shall be their duty, to the best of their ability, to preserve order, peace, and quiet, and to enforce the laws and the ordinances of said commissioners, and they shall not engage in conversation with an employee of the park during working hours, except in the line of duty; they shall have power to arrest any persons in the park found in the act of violating any law or ordinance, or abetting and aiding in any such violation, and shall take all such persons so arrested, as follows, to wit : when the offense is committed in that portion of the park situated in the town of Hyde Park, to some justice or magistrate in Hyde Park; when the offense is committed in that portion of the park situated in the town of Lake, to some justice or magistrate in said town of Lake; and when the offense is committed in that portion of the park situated in the town of South Chicago, to some justice of the peace in said town of South Chicago. § 25. Whoever, in said park, shall resist any member of the police force in the discharge of his duty, or shall in any way interféré with, or hinder or prevent him from discharging his382 SPECIAL ORDINANCES OF duty, as such member, or shall offer or endeavor to do so; and; whoever shall in any manner assist any person in custody of any member of the police force to escape, or attempt to escape, from such custody, or shall rescue or attempt to rescue, any person in custody, shall be fined not less than five dollars, nor more than one* hundred dollars. § 26. The superintendent, in cases of emergency, is hereby authorized and empowered to appoint special policemen, and such special policemen shall have the same power and authority of regular policemen, provided the appointment of such special policemen shall in no case continue for a period exceeding twenty-four hours. § 27. The sergeant of police shall perform the duties of the captain when the latter shall be absent from duty. § 28. The police force shall be uniformed as follows: Gray frock coat, pants and vest, and cap with brass buttons, and black cord on leg of the pants. § 29. Any person who shall falsely represent or personate any of the members of the police force, or who shall maliciously, with intent to deceive, use or imitate any of the signs, signals, or devices adopted and used by the police department, or shall wear in public the uniform adopted as the police uniform, after having been removed or suspended, shall be subject to a fine of not less than five* dollars nor more than one hundred. § 30. These ordinances shall take effect and be in force from and after the 19 th day of November, 1875. 13e it ordained by the South Park Commissioners: Section one. That the use of so much and such part of Michigan avenue and Thirty-fifth street, in the city of Chicago, as were ceded to the South Park Commissioners by the city council of the city of Chicago, by ordinance passed June 23, 1879, shall be subject to the following rules and regulations: I. No person shall play thereon at any game, or engage in any sport or exercise likely to frighten horses, injure passengers, or embarrass the passage of vehicles thereon. II. No person shall walk or travel on the grass plots or planting places, or in any way cut, break, injure or deface any of the trees, lamp-posts, or other ornamental or useful parts thereof. III. No person shall expose any article or thing for sale, or do any hawking or peddling thereon. IV. No person shall use abusive, insulting or obscene language, or tell fortunes, play at any game of chance, or induce others to play at any game of chance, at any table or instrument, be drunk, or do any indecent acts thereon. V. No person shall ride or use any velocipede or bicycle thereon. VI. No person shall fire or discharge any gun or pistol, orSOUTH PARK COMMISSIONERS. 3S3 discharge, set or touch off, or enkindle or operate any manner of fire or fire-works thereon. VII. No person shall post or fix any notice, bill or other writing or printing on any tree, lamp-post, hydrant, curbstone, coping or flagstone thereon. VIII. No person shall play any musical instrument, carry or display any flag, banner, transparency or target, or do or perform any act tending to the congregating together of persons thereon. IX. No band, company or association of people shall be permitted to parade, drill, or to perform any evolutions, movements or ceremony thereon without the written consent of the Board of South Park Commissioners. X. No animal shall be driven or ridden thereon at a rate of speed exceeding eight miles per hour. XL No vehicles or animals shall be permitted to stand thereon, to the obstruction of the way or the inconvenience of travel; nor shall any person solicit passengers for hire thereon without the written consent of the said board. XII. No cattle, swine, goats, sheep or other domesticated animals, other than beasts of burden, shall be permitted thereon, or to pass on or along the same whether in charge of any person or not, and any such animal found trespassing thereon will be taken up and impounded under the laws relating thereto. XIII. No funeral procession or hearse carrying a deceased body, nor any omnibus, wagon, cart, dray, truck, or other vehicle for carrying goods, merchandise, manure, or other articles, except such as are engaged in repairing said roadways, shall be allowed thereon: Provided, however, that nothing* herein shall be construed to prevent the removal of any deceased body from any house or place along such parts of said avenue and street, and the forming of a procession therefrom, but such deceased body, hearse or procession shall not be permitted to proceed further thereon than the nearest cross-Street in the direction in which said procession or hearse shall move; and provided further, that wagons or other vehicles in use for the carrying of goods, merchandise or other articles to or from any house or premises fronting on such parts of said street and avenue, shall be permitted to enter on such parts thereof at the cross-street nearest said house or premises in the direction in which the same are moving, and deliver or receive such goods, merchandise or other articles, but shall not proceed thereon farther than the next cross-street thereafter. XIV. No person shall be permitted to tear up the sidewalk, planting.spaces or roadbed thereof, for the purpose of connecting with or repairing the sewers, or gas or water pipes in such street and avenue, or for any other purpose without the written permission so to do, from the said board. XV. No person shall be permitted to move any house, or other building, on or along said street-or avenue without the written permission of the said board.384 SPECIAL ORDINANCES OF XVI. No person shall be guilty of disorderly conduct, or make, aid, countenance or assist in making’ any improper noise, riot, disturbance, or breach of the peace on or upon such parts of said street and avenue. Section Two, Any person who shall disobey or neglect, fail or refuse to comply with any of the foregoing provisions of this ordinance, shall on conviction thereof pay a fine of not less than five dollars, nor more than one hundred dollars. Section Three, Where the term “ person ” is used in this ordinance, it shall be construed to include corporations. Section Four, The powers of the police officers of said South Park Commissioners heretofore prescribed shall be and are hereby extended to all matters relating to the enforcement of the terms of this ordinance. Section Five. Whoever upon such parts of said avenue and street shall resist any member of the police force in the discharge of his duty, or shall in any way interfere with, or hinder or prevent him from discharging his duty, as such member, or shall offer or endeavor so to do, and whoever shall in any manner assist any person in custody of any member of the police force to escape, or attempt to escape, from such custody, or shall rescue, or attempt to rescue, any person in custody, shall be fined not less than five dollars nor more than one hundred dollars. Section Six. No person shall place or deposit or allow to be placed or deposited, on any such parts of said street and avenue, any building material whatever or any article or thing which will obstruct or hinder travel thereon, without the written permission of the said board so to do, which said permission shall state how great a space will be allowed on which to so deposit, and the length of time during which said permission shall be in force, and any person or persons violating the provisions of this section, shall, upon conviction thereof, be fined in a sum not less thail ten dollars nor more than one hundred dollars; and every day such building material, article or thing shall be permitted to remain thereon, without such permission, shall be and constitute a separate offense under this ordinance. Provided, however, that no such material, article or thing shall be deposited on any part of the driveway of said street and avenue, and that the person or persons to whom such permission shall be given shall construct, and continuously maintain, a good and safe plank sidewalk around such obstruction, which sidewalk shall be at least two feet wide. Adopted May 25, 1881. Be it ordained by the South Park Commissioners: Section 1. That all railroad companies now using and maintaining, or who shall hereafter use and maintain railroad tracks across or intersecting with any of the streets, avenues, boulevards, drives or parks under the control of the South Park Com mis-SOUTH PARK COMMISSIONERS. 385 sioners, shall station, keep and maintain at all times, at their own expense, at each and every of said street, avenue, boulevard, drive or park and railroad crossing a flagman, whose duty it shall be to signal persons traveling in the- direction of any or either of such crossings and warn them of the approach of any locomotive, engine, car, or any impending danger. Section 2. Any railroad company or railroad corporation who shall fail to observe the foregoing provisions of this ordinance, shall for each such failure upon conviction of the same, be fined in a sum not less than twenty-five dollars, nor exceeding one hundred dollars, to be recovered in any court of competent jurisdiction, and each and every day of such failure after due notifica-1 tion of the passage of this ordinance, shall be deemed to be and constitute a separate offense. Adopted June 8, 1881. Be it ordained by the South Parle Commissioners: Section 1. That the thirteenth clause of section one of an ordinance, adopted by said South Park Commissioners and in force May 25th, 1881, be and the same is hereby amended by adding thereto the following words, to wit: “Provided, however, that at any time before the hour of two o’clock in the afternoon of each day, delivery wagons, having wheels with tires not less than three and one half inches m width, and drawn by but one horse, shall be allowed to proceed on and along said boulevard, but at no other time, nor under any othet, conditions.” KS$ction 2. This ordinance shall take effect and be in force from 'and after its passage and due publication. Amendment adopted Dec. 13, 1882. Be it ordained by the South Parh Commissioners : That hereafter no person shall be permitted to move any house or other building on, along or across any of the parks, boulevards, or driveways, under the jurisdiction and control of the board, and all ordinances and resolutions of this board inconsistent herewith are hereby repealed. Adopted August 9, i886. I hereby certify that the foregoing is a true copy of the ordinances adopted for the government and direction of the parks and boulevards. In witness whereof I have attached my hand and seal of said Commissioners, this 10th day of February, 1887. H. O. Harmon, Sec. 25386 SPECIAL ORDINANCES OF SPECIAL ORDINANCES PASSED SUBSEQUENT TO THE ADOPTION OF THE MUNICIPAL CODE OF HYDE PARK. AN ORDINANCE authorizing the Illinois Central Railroad Company to construct a track to the Washington Driving Park. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park : § 1. That permission be and the same is hereby granted to the Illinois Central Railroad Company to locate, construct and forever hereafter maintain and operate with steam power one or more railroad tracks upon the following route in the Village of Hyde Park, namely : Beginning at a point on the Illinois Central Rail- road about two (2) feet south of Sixtieth (60th) street, thence south-westerly on a curve to the east line of Madison avenue opposite lot one (1) in block' one (1) in Keith’s subdivision of the Southwest quarter of the southeast quarter in section fourteen (14) township thirty-eight (38), range fourteen (14) east of the third principal meridian; thence after crossing said avenue, westerly on and along a strip of ground from forty to fifty feet in width lying south of and adjoining Sixty-first (61st) street, and across the intervening streets to the grounds of the Washington Park Club lying on the west side of Cottage Grove avenue, said tracks to be laid upon any grounds now owned or that may hereafter be acquired by said Railroad Company upon the route above described, and across all streets and alleys on or along said route. And authority and permission are also hereby granted to said Illinois Central Railroad Company to lay down at any and all times hereafter such turn-outs, “Y’s” and sidings on the line above described as-said Railroad Company may deem necessary to enable it to reach any manufacturing or other establishments, and also to construct and maintain proper switching tracks in connection with said line of railroad. § 2. Permission is also hereby granted to the Illinois Central Railroad Company to erect and forever thereafter maintain a telegraph line, consisting of one.or more lines of wires with the necessary poles upon the said line of railroad along the route above described, but upon the condition that the poles hereby authorized to be erected shall be placed in such position upon any street, highway or alley, as may be directed by the Board of Trustees of said Village or their successors in authority. § 3. The privileges and authority hereby granted to said Company are granted upon the express condition that said Company, its successors and assigns, shall in respect of the railroad line herein authorized to be built, promptly fulfill all obligations and duties that are now or may hereafter be lawfully imposed by ordinance. § 4. The tracks laid across the intervening streets upon theTHE TILLAGE OF HYDE PARK. 387 route above described shall be laid in such manner as to interfere as little as practicable with the use of such streets by teams and pedestrians, and said Railroad Company shall at all times keep such tracks in proper condition, to allow the free passage of vehicles crossing them. § 5. The privileges and authority hereby granted to said Railroad Company are granted upon the express condition that said Company, its successors and assigns, shall forever indemnify and save harmless the Village of Hyde Park against all damages, judgments, decrees, costs and expenses of the same, which it may sutler or which may be obtained against such Village by reason of the granting of said privileges and authority, or by reason of the exercise by said Railroad Company or by its successors of the privileges so granted. § 6. This ordinance shall not take effect until after such Company shall enter into bdnd to said Village of Hyde Park in the penal sum of $25,000, conditioned for the payment of all damages for which said Village may become liable to any person or persons by reason of said Company constructing, laying down and operating said railroad track or tracks within said Village, and conditioned also for the payment of all damages which may arise to the said Village of Hyde Park on account of any judgment obtained against said Village by any person or persons whomsoever, by reason of said Company constructing, laying down or operating said railroad track or tracks, or the crossing of said streets or alleys within the said Village of Hyde Park. § 7. Said Railroad Company shall notify this Village within thirty days from the passage of this ordinance of the acceptance of the privileges and conditions herein provided for. § 8. The rights and privileges hereby granted are upon the express condition that said Railroad Company shall use said tracks only for the conveyance of passengers, and such freight as may be required for the uses and purposes of the Washington Park Club. Passed and approved April 4, 1887. AN ORDINANCE authorizing the Chicago City Railway Company to construct a Street Railway on State Street. Be it ordained by the President and Board of Trustees of the 'Village of Hyde Park, Illinois, as follows : § 1. That consent be and it is hereby given to the Chicago City Railway Company, its successors and assigns, to lay down, maintain and operate for the period of twenty (20) years from the passage of this ordinance, a single track street railway in, over and along State street, in the Village of Hyde Park, from Sixty-third street to the center of Vincennes avenue, but nothing herein shall require said Company to operate its cars across the steam railway tracks immediately south of Sixty-third street.3S§ SPECIAL ORDINANCES. OF § 2. The cars used upon said tracks shall be operated only by animal or cable power, and said Company shall have the right at any time to adopt its so-called Cable System on the said tracks. Said Chicago City Railway Company may for said purpose make all needful and convenient trenches, excavations and sewer connections, and may place all needful and convenient endless cables and machinery therein upon said street, upon which its railway shall be constructed hereunder: Provided, that said cables and machinery shall be underground, and shall not interfere with public travel, and shall be constructed in a substantial and workmanlike manner: Provided also, that if in the construction of said trenches and excavations, any damage or injury shall result to any of the, sewers, water pipes or private drains, then said Company shall pay and be held liable therefor. § 3. Said railway track provided for in this ordinance shall occupy with a single track to be laid in the Town of Lake, the center sixteen (16) feet of the street above named. § 4. The cars to be operated upon said tracks shall be used only for the transfer of passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best style and class in use upon street railways. The track of said railway shall not be elevated above the surface of the street, and shall conform to the grades thereof, which shall have been established by the Village of Hyde Park at the time of laying said track, and shall be so laid that carriages and other vehicles can readily and freely cross said track at any point in any and all directions without unnecessary obstruction. § 5. Said Chicago City Railway Company, its successors and assigns, shall improve and keep in repair the sixteen (16) feet in width of said street occupied,by it, during the whole time that said street shall be occupied by said track, using stone in so doing. § 6. The Village of Hyde Park, for itself and citizens, reserves the right to putin sewerage, gas, water or other improvements, which it may deem proper, at any place in said street, using reasonable care and diligence, without any liability for damages to said Chicago City Railway Company, its successors and assigns, for so doing. The said Company shall not be liable to any forfeiture, or for any damages for any neglect to operate said railway, when prevented from so doing by the work in this section provided for. § ?. The said Railway Company, its successors and assigns, shall complete the railway hereby authorized within twelve (12) months after the passage and approval of this ordinance: Provided how- ever, that if said Company shall be delayed by ordinance or resolution of the Village of Hyde Park, or by any injunction or order or decree of any court of competent jurisdiction, then the period of any and all such delays shall be added to said twelve (12) months.THE VILLAGE OF HYDE PARE. 389 § 8. The rate of fare on said railway track hereby authorized shall not (except where cars are chartered for a specified time arid-purpose) exceed five (5) cents for one (1) trip or part of trip either way. Said Company shall also transfer passengers without additional fare north to Thirty-ninth street. Said Company shall operate cars at intervals of not more than one (1) hour from, 6:30 a. m. to 6:30 p. m. Cars shall stop to take on and let off passengers only at the farther crossing of street intersections. § 9. This ordinance shall take effect and be in force when, and as soon as said Company shall file with the clerk of the Village of Hyde Park its acceptance in writing of this ordinance, and if said Company shall not file such acceptance with said clerk within sixty (60) days after the passage and approval of this ordinance* then this ordinance shali become and be void. Passed and approved April 4, 1887. AN ORDINANCE authorizing the Chicago City Railway Company to construct a Street Railway on Sixty-first and Sixty-third Streets. Be it ordained by the President and Board of Trustees of the Village of Hyde Park, Illinois, as follows : § 1. That consent be and it is hereby given to the Chicago City Railway Company, its successors and assigns, to lay down, maintain and operate for the period of twenty (20) years from the passage of this ordinance a double track street railway in, over and along Sixty-third street in the Village of Hyde Park, from the right of way of the Illinois Central Railroad Company, to the center of Cottage Grove avenue, and Sixty-first street from the center of Cottage Grove avenue west to the present terminus of said Company’s tracks on said Sixty-first street. § 2. The cars used upon said tracks shall be operated only by animal or cable power, and said Company shall have the right at any time to adopt its so-called Cable System on the said tracks. Said Chicago City Railway Company may for said purpose make, all needful and convenient trenches, excavations and sewer connections and may place all needful and convenient endless cables and machinery therein upon said street, upon which its railways shall be constructed hereunder; Provided, that said cables and machinery shall be underground, and shall not interfere with public travel, and shall be constructed in a substantial and workmanlike manner: Provided also, that if in the. construction of said trenches and excavations, any damage or injury shall result to any of the sewers, water pipes or private drains, then said Company shall pay and be held liable therefor. § 3. Said railway tracks provided for in this ordinance shall occupy the center sixteen (16) feet of the street above named. § 4. The cars to be operated upon said tracks shall be used only for the transfer of passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best style390 SI'EOIAL ORDINANCES OF and class in use upon street railways. The tracks of said railway shall not be elevated above the surface of the street, and shall conform to the grades thereof, which shall have been established by the Village of Hyde Park at the time of laying said tracks, and shall be so laid that carriages and other vehicles can readily and freely cross said tracks at any point in any and all directions without unnecessary obstruction. § 5. Said Chicago City Railway Company, its successors and assigns, shall improve and keep in repair the sixteen (16) feet in width of said street occupied by it, during the whole time that said street shall be occupied by said tracks, using stone in so doing. § 6. The Village of Hyde Park, for itself and citizens, reserves the right to put in sewerage, gas, water or other improvements, which it may deem proper, at any place in said street, using reasonable care and diligence, without any liability for damages to said Chicago City Railway Company, its successors and assigns, for so doing. The said Company shall not be liable to any forfeiture, or for any damages for any neglect to operate said railway, when prevented from so doing by the work in this section provided for. § 7. The said Railway Company, its successors and assigns, shall complete the railway hereby authorized within twelve (12) months after the passage and approval of this ordinance. Pro-vided hoviever, that if said Company shall be delayed by ordinance or resolution of the Village of Hyde Park, or by any injunction, or order or decree of any court of competent jurisdiction, then the period of any and all such delays shall be added to said twelve (12) months. § 8. The rate of fare on said railway tracks hereby authorized shall not (except where cars are chartered for a specified time and purpose) exceed five (5) cents for one (1) trip or part of trip either way. Said Company shall also transfer passengers without additional fare to the North and South lines of said Company, which may be crossed by the tracks herein authorized (and the extension thereof in the Town of Lake) good as far north as Thirty-ninth street. Said Company shall operate cars at intervals of not more than one (1) hour irom 6:30 A. m. to 6:30 p. M. Cars shall stop to take on and let off passengers only at farther crossing of street intersections. § 9. This ordinance shall take effect and be in force when, and as soon as said Company shall file with the Clerk of the Village of Hyde Park, its acceptance in writing of this ordinance, and if said Company shall not file such acceptance with said Clerk within sixty (60) days after the passage and approval of this ordinance, then this ordinance shall become and be void. Passed and approved April 4, 1887.THE VILLAGE OF HIDE PARK. 091 AN ORDINANCE authorizing the Chicago City Railway Company to construct a Street Railway on Forty-third Street. Be it ordained by the President and Board of Trustees of the Village rf Hyde Park, Illinois, as follows : § 1. That consent be and it is hereby given to the Chicago City Railway Company, its successors and assigns, to lay down, maintain and operate for the period of twenty (20) years from the passage of this ordinance, a double track street railway in, over and along Forty-third street in the Village of Hyde Park, from the right of way of the Illinois Central Railroad Company to the center of State street. § 2. The cars used upon said tracks shall be operated only by animator cable power, and said Company shall have the right at any time to adopt its so-called Cable System on the said tracks. Said Chicago City Railway Company may for said purpose make all needful and convenient trenches, excavations and sewer connections, and may place all needful and convenient endless cables and machinery therein upon said street, upon which its railway shall be constructed hereunder: Provided, that.-said» cables and machinery shall be underground, and shall not interfere with public travel, and shall be constructed in a substantial and workman like manner; Provided alsor that if in, the, construction of said trenches and excavations any damage or injury shall result to any of the sewers, water pipes or private drains, then said Company shall pay and be held liable therefor. § 3. Said railway tracks provided for in this ordinance shall occupy the center sixteen (16) feet of the street above named, and shall be sprinkled in the summer and cleared of snow in the winter. § 4. The cars to be operated upon said tracks shall be used only for the transfer of passengers and their ordinary baggage, and the cars and carriages used for that purpose shall be of the best style and class in use upon street railways, and shall be warmed in the winter. The tracks of said railway shall not be elevated above the surface of the street, and shall conform to the grades thereof, which shall have been established by the Village of Hyde Park at .the time of laying said tracks, and shall be laid with Johnson Patent, or other improved rails, and shall be so laid that carriages and other vehicles can readily and freely cross said tracks at any point in any and all directions without unnecessary obstruction. § 5. Said Chicago City Railway Company, its successors and assigns, shall improve and keep in repair the sixteen (16) feet in width of said street occupied by it, duriug the whole time that said street shall be occupied by said tracks, using stone in so doing. § 6. The Village of Hyde Park, for itself and citizens, reserves the right to put in sewerage, gas, water, or other improvements, which it may deem proper, at any place in said street, using reason-392 SPECIAL ORDINANCES OF able care and diligence, without any liability for damages to said Chicago City Railway Company, its successors and assigns, for so doing. The, said Company shall not be liable to any forfeiture or for any damages for any neglect to operate said railway when prevented from so doing by the work in this section provided for. § 7. The said Railway Company, its successors and assigns, shall complete the railway hereby authorized within twelve (12) months after the passage and approval of this ordinance: Provided how- ever, that if said Company shall be delayed by ordinance or resolution of the Village of Hyde Park, or bv any injunction, or order or decree of any court of competent jurisdiction, then the period of any and all such delays shall be added to said twelve (12) months. § 8. The rate of fare on said railway tracks hereby authorized shall not (except where cars are chartered for a specified time and purpose) exceed five (5) cents for one (1) trip or part of trip either way. Said Company shall also transfer passengers without additional fare to the North and South lines of said Company, which may be crossed by the tracks herein authorized, good to Madison street in the City of Chicago, or the Stock Yards at Halsted and Root streets, to holders of twenty (20) ride family tickets. Said Company shall operate cars at intervals of not more than ten (10) minutes from 6:30 to 8:30 a. m. and 4:30 to 6:30 p. m. and at other hours at intervals of not more than thirty (30) minutes from 6 o’clock A. m. to 11 o’clock p. m. Cars shall stop to take on and let off passengers only at the farther crossing of street intersections. § 9. This ordinance shall take effect and be in force when, and as soon as said Company shall file with the Clerk of the Village of Hyder Park its acceptance, in writing of this ordinance, and if said Company shall not file such acceptance with said Clerk within sixty (60) days after the passage and approval of this ordinance, then this ordinance shall become and be void. Passed and approved April 4, 1887. AN ORDINANCE granting rights to the Burdett Loomis Gas and Electric Light Company in the Village of Hyde Park. Be it ordained by the President and Board of Trustees of the Village of Hyde Park : § 1. That permission and authority be and the same is hereby granted to the Burdett Loomis Gas and Electric Light Company, a corporation of the State of Illinois in process of organization, to lay its gas mains, pipes* feeders and service pipes, for light, heat, or power, in any and all of the streets, alleys, avenues, highways, parks, squares and public grounds throughout the Village of Hyde Park, south of the center line of Sixtieth (60th) street, and north of the center line of Ninety-fifth (95th) street, and west of Stony Island avenue, south of Sixty-seventh (67th) street.THE TILLAGE OF HYDE FAEK £93 § 2. Said Burdett Loomis Gas and Electric Light; Company when it shall open the ground to lay any pipes (or for any purpose whatever) shall without delay restore the ground, streets, pavements and sidewalks to a condition as good as before they opened them, and satisfactory to the Superintendent of Public Works, or such other persons as the Board of Trustees may appoint. § 3. The Burdett Loomis Gas and Electric Light Company’s works shall be of sufficient capacity to supply said territory, and shall be commenced within three months and light furnished, and the works of said Company be in full operation within twelve months from the passage of this ordinance, and no more than two (2) dollars per thousand cubic feet shall be charged to consumers of gas.: Provided however, that in case payment shall be made by such consumer on or before t^he twelfth (12th) day next after the month in which the gas shall be consumed, a rebate of twenty-five (25) cents per thousand cubic feet shall be allowed to such consumers. § 4. The works of said Burdett Loomis Gas and Electric Light Company shall be located at a point south of Sixty-seventh ((57th) street. § 5. The said Burdett Loomis Gas and Electric Light Company, its successors and assigns, shall be subject to all the general ordinances of the Village of Hyde Park in relation to gas and electric light companies now in force, or which shall hereafter be in force in relation to the government of gas and electric light companies, and acceptance, of this ordinance, shall be deemed as an agreement and consent of and by said Company, to save and keep harmless the said Village of Hyde Park from any and all claims for damages, of every nature and kind, growing out of any act on the part of said Company, its successors or assigns, or their agents or servants. § 6. The rights and privileges hereby granted are upon the express condition that the said Company snail, before the expiration of thirty days from the date of the passage hereof, file with the Village Clerk their acceptance in writing of the terms and conditions of this ordinance. § 7. This ordinance shall be in force from and after its passage, and a failure to comply with the terms and conditions of this ordinance shall work a forfeiture of the rights and privileges hereby granted. Passed and approved April 4,1887.SUPPLEMENT LAWS. AFFECTING MUNICIPAL CORPORATIONS PASSED AT THE SESSION ENDING JUNE 15TH, 1887, —BY THE— GENERAL ASSEMBLY OF THE STATE OF ILLINOIS. CITIES, VILLAGES AND TOWNS. OF THE ORGANIZATION OF CITIES. AN ACT to amend section one (1) of an act entitled “An act to revise the jaw in relation to the incorporation of cities and villages, approved April 10, 1872, in force July 1, 1872. Approved June 17, 1887. In force July 1,1887. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section one (1) of an act entitled “ An act to revise the law in relation to the incorporation 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 : HOW CITY MAY INCORPORATE UNDER THIS ACT.] § 1. That any city now existing in this State may become incorporated under this act in the manner following : Whenever one eighth of the legal voters of such city, voting at the last preceding municipal election, shall petition the mayor and council thereof to submit the question, as to whether such city shall become incorporated under this act, to a vote of the electors in such city, it shall be the duty of such mayor and council to submit such question to a vote of the electors of said city at the next ensuing municipal election of said city or at a special election, and to give the notice required by law. [This act is in place of section 1, on page 216 of Hurd’s Revised Statutes. —Ed.J396 SUPPLEMENT. ARTICLE III. OF THE CITY COUNCIL. AN ACT to amend section two (2) of article three (3) of an act entitle! u An act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872. Approved May 20,1887. In force July 1,1887. Section 1. Be it enacted by the People of the State of Illinois% represented in the General Assembly, That section two (2) of article (3), of an act entitled w An act to provide for the incorporation 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: Number 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 thousand, eight aldermen; exceeding five thousand and not exceeding ten thousand, ten aldermen; exceeding ten thousand and not exceeding thirty thousand, fourteen aldermen; and two additional aldermen for every twenty thousand inhabitants over thirty thousand: Provided, however, that in cities of over 350,000 inhabitants, there shall be elected forty-eight aldermen and no more, unless additional territory shall be annexed to such city after such city shall have been divided into wards on the basis of forty-eight aldermen, in which case and as often as new territory shall be annexed to $uch city as aforesaid, containing or which shall afterwards contain, fifteen thousand inhabitants or more, the city council of such city may authorize the legal voters of such newly annexed territory to elect two aldermen, who shall be additional to said forty-eight aldermen, and who shall possess all the qualifications of and be elected at .the time and in the manner provided in the said act of which this is an amendment, and may designate said new territory as a ward of said city, and if any such annexed territory has less than ten thousand inhabitants then the common council shall annex it to any ward or wards which it adjoins: Provided, further, that whenever, after such new territory shall have been annexed as aforesaid, said city shall be re-districted, the number of wards at the time said city is re-districted shall be preserved and the city council thereof may, in its discretion, change the boundary between such new ward and the original territory of the city, and make said new ward larger or smaller to comply with.the requirements of said act as to compactness and equality of inhabitants: Andpromded further, if it shall appear, from any census heretofore or hereafter taken, that any city has the req-LAWS OF 1887* 397 uisite number of inhabitants to authorize it to increase the number of aldermen, it shall be the duty of the city council thereof to proceed without delay and re-district such city in accordance with the provisions hereof, and to call and hold its next city election in accordance with such, new re-districting: Provided, that at such election the aldermen who hold over shall be considered aldermen for the new wards respectively in which their residence shall be.” [This act is in place of section 30 on page 219, Hurd’s Revised Statutes, .1885.—Ed.] ARTICLE IV. ELECTIONS. AN ACT to amanci section four (4), of article four (4), of chapter twenty-four (24), of the Revised Statutes of Illinois, entitled “An act to provide for the incorporation of cities and villages,” approved April 10, 1872. Approved June 17, 1887. In force July 1, 1887. Section 3. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section four (4) of article four (4) of an act entitled, “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, be and the same is hereby amended so as to read as follows, to-wit: Wards.] “§ 4. [Wards.] The city council of any city in this State, whether organized under this act or under any special law of this State, may, from time to time, divide the city into one half as many wards as the total number of aldermen to which the city is entitled; and one alderman shall, annually, be elected in and for each ward, to hold his office for two years, and until his successor is elected and qualified. In the formation of wards the population of each shall be as nearly equal, and the ward shall be of as compact and contiguous territory, as practicable.” [This act is in place of section 4 on page 221 of Hurd’s Revised Statutes.—Ed.] ELECTION OF PRESIDENT. AN ACT concerning villages and incorporated towns. Approved June 9, 1887. In force July 1, 1887. Election of president—powers of.] § 1. Be it enacted b'/ the People of the State of Illinois, represented in the General • Assembly, That in addition to the trustees and officers required by law, a president of each and every village and incorporated town shall hereafter, be elected annually by the voters of such398 SUPPLEMENT. village or town, at the regular election of such village or town, commencing with the election of , such village or town held in the year A. D. 18^8, and such president of any village or incorporated town shall hold his office for the term of one year and until his successor is elected and qualified. The president of any village or incorporated town shall be president of the board of trustees thereof and shall preside at all meetings of said board and shall have the same powers and perform the same duties as are and may be given by law to the president of boards of trustees in villages, but he, also, shall not vote except in case of a tie, when he shall give the casting vote. Repeal.] § 2. All acts and pnrts of acts in conflict with, the provisions of this act are hereby repealed. ARTICLE V. OF THE POWERS OF THE CITY COUNCIL. AN ACT to amend section one of article five of “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, and in force July 1, 1872.. Approved and in force March 30, 1887. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, as follotos: That sec- tion one of article five of an act entitled “An act to provide lor the incorporation of cities and villages,” be amended so as to read as follows, viz.: § 1. The city council in cities, and president and the board of trustees in villages, shall have the following powers: Ninetieth—The city council or board of trustees shall have no power to grant, the use of or the right to lay down any railroad tracks in any street of the city to any steam, dummy, electric, cable, horse or other railroad company, whether the same shall be incorporated under any general or special law of the State, now or hereafter in force, except upon the petition of the owners of the land representing more than one half of the frontage of the street, or so much thereof as is sought to be used for railroad purposes, and when the street or part thereof sought to be used shall be more than one mile in extent, no petition of land owners shall be valid unless the same shall be signed by the owners of the land representing more than one half of the frontage of each mile and of the fraction of a mile, if any, in excess of the whole miles measuring from the initial point named in such petition, of such street or of the part thereof sought to be used for railroad purposes.LAWS OF 1887. 399 Emergency.] § 2. Whereas, some question exists as to the necessity of a petition signed by the property owners to authorize the granting to companies organized under what is known as the Horse and Dummy Act, the right to use> streets ^therefore, an emergency exists, and this act shall take effect and be in force from and after its passage. [This act is in place of section 62, commencing on page 223 Hurd’s Revised Statutes, 1885.—Ed.] ARTICLE Y. OF THE ROWERS OF THE CITY COUNCIL. AN iCT to extend the powers of the city council in cities, and the president and board of trustees in villag e: and incorporated towns, ap-fjroved June 16, 1887. In force July 1, 1887. . Power to license, tax, etc., itinerant merchants, etc.] § 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly, That the city council in cities, and the president and board of trustees in villages and incorporated towns, shall have power to license, tax, regulate, suppress or prohibit itinerant merchants and transient vendors of merchandise. ARTICLE IX. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. AN ACT to amend section 19 of article 9, of “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872. Approved June 17, 1887. In force July 1, 1887. Section 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly, That section nineteen (19) of article nine (9) ot an act entitled “An act to provide for the incorporation 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: Ordinance for — sidewalks — owner’s rights.] § 19. Whenever such local improvements are to be made wholly or in part by special assessment, the said council in cities, or board of trustees in villages, shall pass an ordinance to that effect, speci-fying therein the nature, character, locality and description of such improvement, either by setting forth the same in the ordi*40 Q SUPPLEMENT. nance itself, or by reference to maps, plats, plans, profiles or specifications thereof on file in the office of the proper clerk, or both : 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 landJronting on such sidewalk shall be allowed fifteen days after the time at which such ordinance shall take effect in which to build or renew such sidewalk opposite his land, and thereby relieve the same from assessment.: Provided, that the work so to be done shall in. all respects .conform to the requirements of such ordinance.” [This act is in place of section 19, on page 238, Hard’s Revised Statutes, —Ed.] ARTICLE IX. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. AN ACT to amend article nine of an act entitled “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872, by adding thereto the following sections: Approved and m force April 29, 1837. Section 1. Pe it enacted by the People of the State of Illinois, represented in the General Assembly, That article nine of an act entitled 44 An act to provide for the incorporation of Cities and Villages,” approved April 10,1872, in force July 1, 1872, be and the same is hereby amended by adding thereto the following sections, viz.: May be divided into installments.] § 55. That the amount of any special assessment for any local improvement in any city, incorporated town or village may be divided into installments, when so provided by the ordinance providing for the said improvement, the first of which shall not exceed the sum of twenty-five per cent, of the total of said assessment,,and which shall be due and payable from and after confirmation of said assessment. The remaining portion of said assessment, after deducting the said first installment, shall be divided into four equal annual installments, which said installments shall be payable annually thereafter, and collected in the same manner that other assessments are now collected. Each of said four last named installments shall bear interest at the rate of six per cent, per annum from and after the first day of July next succeeding the confirmation of said assessment: Provided, that when said confirmation shall not be had before the first day of March in any year that said four last named installments shall not bear interest until the first day of July in the following year after the said confirmation : Provided^ that in cities containing a population of fifty thousandLAWS OF 1887. 401 Or more this and the following sections shall not apply except in cases where any such special assessments shali exceed in the aggregate the sum of fifteen thousand dollars. May be paid before maturity—interest.] § 56. That any installment or installments which may be assessed ag dnst any tract, lot, block or piece of land may be paid at any time before maturity, in which case interest shall be charged only to the time of payment, and upon such payment the property for which said payment is made shall be discharged from the lien to the extent of such payment. When by installment—ordinance.] § 57. Whenever any city, incorporated town or village desires to make the collection of any special assessment, as aforesaid, by installments under the provision of this act, the ordinance providing for said improvement shall also state that the same shall be collected by installments, and fix the amount of the first installment. Assessment roll—what to contain.] § 58. Upon the assessment roll to be returned by the commissioners shall be designated, in appropriate columns, first the amount of each installment, second the total amount of the assessment, which said items shall be carried out and set opposite each tract, lot or piece of property so assessed. Notice—what to contain.] § 59. The notice to be given by the collector as now provided for by law when the assessment is under the provisions of this act,'in addition to what is now required shall contain the amount of each installment, the rate of interest deferred installments bear, the date of payment and that the whole of said assessment, or any installment thereof, may be paid at any time at the option of the owner or owners of said lot, block, piece or tract. Order of confirmation.] § 60. The order of confirmation that shall be entered upon the return of any such assessment roll shall apply to all of the installments thereof, and may be entered in one order. Warrant for collection.] § 61. The warrant for the collection of any such special assessment to be made hereunder shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts or parcels of lands assessed and the respective amounts assessed upon each lot, tract, piece or parcel of land, and the year in which each installment is payable. Proi eedings for judgment.] § 62. Proceedings for judgment and sale against lots, tracts, pieces and parcels of land for which the assessment has not been paid shall be had in the same manner as now provided upon each installment in the respective years in which they become due and payable, and the laws now in force in so far as they are applicable shall apply. Payment for improvement done—voucher.] § 63. Payment for any improvement done or performed under the provis-26402. SUPPLEMENT» ions of this act shall be made in the following manner: From the, amount of the first payment, when it shall be collected, shall first be paid all the costs of making the said assessment, including, court costs. The remainder of said payment shall then be paid to the person or persons entitled thereto on the contract for said: work. The amount remaining due upon the contract for said improvement shall then be divided into four equal parts, and the authorities of any city, incorporated town or village shall issue a voucher to the person or persons entitled thereto for each part payable in same order and manner that the installments are payable, and said vouchers shall bear the same rate of interest per annum that the said installments bear. Said vouchers shall be. made payable to the order of the person or persons entitled, thereto, and state the improvement and the installment for which they are issued. They shall also contain the following: In consideration of the issuing of this voucher I hereby for.. sel............heirs, executors, administrators and assigns, accept the same in full paymeut of the amount herein stated and relinquish any and all claims or liens I may have against the (city, incorporated town or village) of...........«... for the work mentioned herein, or for the pay- ment of this voucher, except from the collection of the installment herein named. , (Signature of person receiving the same.) Person accepting vouchers.] § 64. Any person or persons accepting the vouchers, as provided herein, for work done or performed upon any local or public improvement shall have no claim or lien upon the city, incorporated town or village in any event for the payment of said vouchers or the interest, except from the collection of the installments for which said vouchers are issued, and provided, that this section shall apply to all holders of any of said vouchers, whether the original contractor or their assigns. Surplus remaining—notice.] § 65. If upon the payment of the money and issuance of the vouchers, as provided for in the last section hereof, there shall be any surplus remaining of said special assessment over and above the payment aforesaid, it shall be the duty of the proper authorities of said city, incorporated town or village to at once cause the respective installments to be credited with their respective proportion of said surplus, and in case any person or persons have, before said credit has been entered, paid his assessment or any part thereof, without having received the benefit of said credit, the proper authorities shall at once cause notice of such overpayment to be sent by mail to the person by whom such over-payment was made, and upon proper proofs the same shall be repaid. Special assessment—when city may advance to pay damages.] § 66. In case said special assessment shall be made for the purpose of paying the compensation awarded for the taking or damaging of private property lor public use, payments may be made as provided herein, in the case of contracts let and the accept-LAWS OF 1887. 403: ance by the owner of any lob piece or tract taken or damaged of the vouchers issued shall be deemed payment to said owner or-owners of said compensation, and upon proof thereof, an order of possession may be entered, as is now provided : Provided, that after a special assessment has been confirmed to pay for property taken or damaged for public use, the city council in cities and the> president and board of trustees m villages may appropriate and advance a sufficient amount to pay the compensation awarded, or so much of the same as shall not have been paid by acceptance of vouchers as herein provided : Providedr, however, that such ap- propriation and advancement shall in no way affect the collection of said assessment, but the same shall be collected in the same manner, as though said appropriation had not been made : And, provided, however, that when such assessment shall have been collected, that the same, together with the interest thereon, shall be paid into the general fund of said city, incorporated town or village in liquidation of the amount so advanced. When collected by installment.] § 67* In all cases where special assessments shall have been made* but not confirmed, it shall be lawful for any city, incorporated town or village, through its legislative body, to provide by ordinance that; said assessment may be collected by installments, under the provisions of this act. Emergency.] “§ 68. It is hereby declared that an emergency exists, and therefore this act shall be in force , from and. after its passage.” FORMATION AND DISBURSEMENT OF POLICE PENSION FUND. AN ACT to provide for the setting apart, formation and disbursement of a police pension fund, in cities, villages and incorporated towns* Approved April 29, 1887. In force July 1, 1887. How fund created.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly* That in each city, village, or incorporated town in this State, having a population of fifty thousand inhabitants or more, there shall Be paid to the treasurer thereof, and by him and the comptroller (if there be one), set apart, the following moneys, to constitute a Police Pension Fund, viz. : First—Two per centum of all moneys received from licenses for the keeping of saloons or dram shops. Second—Three fourths of all moneys received for taxes or from licenses upon dogs. Third—All moneys received from fines imposed upon members of the police force of said city, village or town, for violation of the rules and regulations of the police department. Fourth—All proceeds of sales of unclaimed stolen property.494- supplement* Fifth—-0\ie fourth of all moneys received from licenses granted to pawnbrokers, secoi d-hand dealers and junk stores. Sixth—All moneys received as fees and from fines for carrying concealed weapons. Seventh—One half of all costs collected in money for violation of city ordinances. Eighth—All rewards given or paid to members of such police force, except such as shall be excepted by the chief officer of police. Ninth—One per centum per month, which shall be paid by, or deducted from the salary of each and every member of the police force of such city, village or town: Provided^ no such members shall be compelled to pay more than two dollars per month from his salar\\ Board of police pension fund commissioners.] § 2. The president of the board of trustees, the comptroller, the city, village or town clerk, the superintendent or chief officer, or in his absence or inability to act, then the officer next in authority to him of the police department, the city village or town treasurer, and the-city village or town attorney of any such city, village or town, shall ex-officio be and constitute a board of commissioners, to provide for the disbursement of said fund or funds, and designate the beneficiaries thereof as herein directed,, which hoard shall be known as the Board of Police Pension Fund Commissioners of such city, v 11 age or town. Who shall be pensioned—service for twenty years, etc.] § 3. Whenever any person, at the time of the taking effect of this act or thereafter, shall have been duly appointed and sworn, and have served for the period of twenty years or more, up >n the regularly constituted police force of any such city, village or town of this State, which now is or hereafter may be, subject to the provisions of this act, said board shall order and direct that such persons, shall, after becoming fifty years of age and his service upon such police force shall have ceased, be paid from such fund a yearly pension equal to one half of the amount of the salarv attached to the rank which he may have held on said police force for one year next preceding the expiration of said term of twenty years. Physical disability—retiring from active service.] § 4. Whenever any person, while serving as a policeman in any such city, village or town, shall become physically disabled while in and in consequence of the performance of his duty as such policeman, said board sh 11, upon his written request, or without such request, if it deem it for the good of said police force, retire such person from active service and order and direct that he be paid from said fund a yearly pension, not exceeding one half the amount of the salary attached to the rank which he may have held on said police force for one year next preceding suchLAWS OF 1887. 4:05 retirement: Provided, that whenever such disability shall cease such pensions shall cease. Certificate of disability.] § 5. No person shall be retired as provided in the n6xt preceding section or receive any benefit from said fund, unless there shall be filed with said board certificates of his di ability, which certificates shall be subscribed and sworn to by said person and by the police surgeon (if there be one) and two practicing physicians of such city, village or town, and such board may require other evidence of disability1 before orderingsuch retirement and payment as aforesaid. Death in performance of duty:—pension to widow—death in service.] § 0. Whenever any member of the police force ol such city, village or town shall lose his life while in the performance of his duty, or receive injuries from which he shall thereafter die, Reaving a widow or child or children under the age of sixteen years, then upon satisfactory proof of such facts made to it such board shall order and direct that a yearly pension, equal to one half the amount of the salary attached to the rank which such member held on said police force at the time of his death, shall be paid to such widow during her life, or if no widow, then to such child or children, until they shall be sixteen years of age: Provided, if such widow or child or children shall marry, then such persons so marrying shall thereafter receive no further pension from such fund. Whenever any member of the police force shall die after ten-years’service therein, and while still in the service of such city, village or town, as such policeman, leaving a widow or child or children under the age of sixteen years, then upon satisfactory proof of such facts made to it, said board may order and direct that such pension as said board may deem proper, not exceeding one half the amount of the salary attached to the rank which he held at the time of his death, shall be paid to such widow, or if there be no widow, then to such child or children, until they shall be sixteen years of age, said pension to cease upon marriage as provided above. Reporting to chief for examination—service in cases of •emergency.] § 7. Any person retired for disability under this act, may be summoned to appear before the board herein provided for, a,t any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide the decision and order of such board with reference thereto. And all members of the police force who may be retired under the provisions of this act, except those who voluntarily retire alter twenty years’ service shall report to the chief of police of the city, village or town where so retired, on the second Tuesday of each and every month, and in cases of emergency may be assigned to, and shall perform such duty as said chief of police may direct, and such persons shall have no claim against the city, village or town for payment for such duty so performed.SUPPLEMENT, 406 Pension lost by crime, misdemeanor, etc.] § 8. When-ever any person who shall have received any benefit from said fund shall be convicted of any crime or misdemeanor, or shall become an habitual drunkard, or shall become a non-resident of this State, or shall fail to report himself for examination for duty as required herein, unless excused by the board, or shall disobey the requirements of said board undnr this act, in respect to said examination or duty, then such board shall order that such pension allowance as may have been granted to such person shall immediately cease and determine, and such person shall receive no further pension, allowance or benefit, under this act. ‘ Meetings op board—officers—certificate—record—list of pensioners—-quorum.] § 9. The board herein provided for shall hold quarterly meetings on the second Tuesdays of April, July, October and January of each year, and upon the call of its president; it shall select from its members a president and secretary, who shall hold such respective positions until their succesL-ors are elected; it shall issue certificates, signed by its president and secretary, to the persons entitled thereto, of the amount of money ordered paid to such persons from such fund by said board, which certificates shall state for what purpose such payment is to be made; it shall keep a record of all its proceedings, which record shall be a public record; it shall, on the Tuesday named above, or at each quarterly meeting, send to the treasurer of its city, village or town, and to the comptroller, or city, village or town clerk, a written or printed list of all persons entitled to payments, from the fund herein provided for, stating the amount of such payments and for what granted, as ordered by such board, which list shall be certified and signed by the president ^nd secretary of such bo^rd, and by the secretary thereof, attested under oath. A majority of all the members of said board shall constitute a quorum and have power to transact business: Provided, that no resolution shall be passed, or order made by such board, for the payment of money, unless by the affirmative •vote of a majority of all the members thereof. Powers of board.] § 10. The board herein provided for shall, in addition to other powers herein granted, have power: First—To compel witnesses to attend and testify before it, upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking of testimony before masters in chancery, and its president, or any member of said board, may administer oaths to such witnesses. Second—To appoint a clerk and define his duties. Third—To provide for the payment from said fund of all its necessary expenses, including clerk hire, printing, and witness fees : Provided, that no compensation or emolument shall be paid to any member of said board for any duty required or performed under this act.LAWS OF 1887. m Fourth—To make all needFul rules and regulations for its guidance in conformity with the provisions of this act. Report to board by treasurer.] §11. On the third Tuesday of April of each year the treasurer of every such city, village or town shall make a sworn report to the board herein provided for, and to the mayor and city council of such city, or the president of, and the board of trustees of such city, village or town, of all moneys received and paid out by him on account of said fund, during the previous year, and of the amount of said fund then in his hands; and all surplus of said fund then remaining in his hands, exceeding the average amount per year paid out by him on account of said fund during the three years next preceding, shall be by him transferred to, and become a part of, the funds of every such city, village or town, and no longer under the control of said board or subject to its order; and whenever this act shall take effect in any such city, village or town, the treasurer thereof shall give a new bond the same as now is, or hereafter may be, required bylaw, which new bond, when so given and the sureties thereon, shall be for the security of such fund, the same as other funds belonging to any such city, village or town. Payments provided for in this act shall be madejby such treasurer quarterly, upon proper vouchers. Beneficiaries under prior act—when not sufficient money.] § 12. All members of the police force, and any widow or child or children of such members of any such city, village or .town, who, upon the taking effect of this act, shall be entitled to receive any benefit under an act entitled u An Act to amend an act for the relief of disabled members of the police and fire departments in cities and villages,” approved May 24, 1877, in force July 1, 1877, as amended by act approved May 10, 1879, in force July 1, 1879, shall receive no payments or benefits under said act, but shall, in lieu thereof, be entitled to the benefits provided for in this act. But if at any time there shall not be sufficient moneys belonging to such fund to pay the allowances of such board to its beneficiaries, then they shall be paid pro rata from such fund, but no allowance or order of such board shall be held to create any liability against any such city, village or town, except upon the fund so set apart as aforesaid for the payment thereof.40$ SUPPLEMENT. CREATION OF BOARD OF TRUSTEES OF FIREMEN’S PENSION FUND AND THE FORMATION AND DISBURSEMENT OF THE FUND. AN ACT to create a board of trustees of the firemen’s pension fund; to provide and distribute such fund for the pensioning of disabled firemen, and the widows and minor children of deceased firemen; to authorize the retirement from service and the pensioning of members of the fire department, and for other purposes connected therewith, in .cities, villages or incorporated towns, whose population exceeds fifty thousand inhabitants, having a paid fire department. Approved May 13, 1887. In force July 1, 1887. Fund, how created—treasurers of fund.] § 1. Be it enacted by the Peovle of the State of Illinois, represented in the General Assembly, That in all cities, villages or incorporated towns whose population exceeds fifty thousand, having a paid fire department, one (1) per centum of all revenues collected or received by such cities, villages or incorporated towns from licenses issued by such cities, villages or incorporated towns shall be set apart by the treasurer of such cities, villages or incorporated towns to whom the same shall be paid, as a fund for the pensioning of disabled and superannuated members ef the fire departments^ and of the widows arid orphans of deceased members of the fire departments of such cities, villages or incorporated towns. The treasurers of such cities, villages or incorporated towns shall be ex-officio treasurers of such fund. Board of trustees of firemen's pension fund.] § 2. The treasurer, clerk, attorney, marshal or chief officer of the fire depaitment, and the comptroller of 3uch city, village or incorporated town, shall constitute and be a board by the name of the u Board of Trustees of the Firemen’s Pension Fund.” The said board shall select from their number a president and secretary: Provided, that in villages and incorporated towns the “ Board of Trustees of the Firemen’s Pension Fund” shall consist of the president of the board of trustees, the town or village clerk, the town or village attorney, and the chief officer of the fire department* Management of fund—assessment of members—deciding upon applications—record of meetings.] § 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 or pensioning of disabled or superannuated firemen, their widows or orphans, and shall assess each member of the fire department not to exceed one per centum of the salary of such member : Provided, said one per centum shall not exceed twenty dollars per annum, to be deductedLAWS OF 1887. 409 and withheld from the monthly pay of each member so assessed, the same to be placed by the treasurer of such city, village or incorporated town, who shall be ex-officio treasurer of such hoard, to the credit of such fund, subject to the orders of such board. The said board shalPmake all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications for relief or pensions under this act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board : Provided, that nothing herein contained shall render the payment of any sum of money or annuity which may be awarded by the board obligatory on the board or chargeable against it as a leg il right. The board shall cause to be kept a record of all its meetings and proceedings. Rewards—gifts, devises, etc.—permanent fund.] § 4. All reward in moneys, fees, gifts and emoluments, that may be paid or given for or on account of extraordinary services by said fire department or any member thereof (except when allowed to be retained by said member, or given to endow a medal or other permanent or competitive award), shall be paid into said pension fund. And the said board of trustees may take by gift, grant, devise or bequest, any pioney, real estate, personal property, right of property or other valuable thing, the annual income of which shall not exceed one hundred thousand dollars in the whole;, and such money, real estate, personal property, right of property, or other valuable thing so obtained, shall, in like manner, be paid into said pension fund and treated as a part thereof: Provided, that the sum of two hundred thousand dollars, which may be received and accumulated under the provisions of this act (aside from such gifts, grants, devises or bequests), shall be, when so received and accumulated, retained as a permanent fund, the annual income of which may be made available for the uses and purposes of such pension fund. Power of board to draw fund- -investing same—deposit of securities.] § 5. The said board of trustees shall have power to draw such pension fund from the treasury of such city, village or incorporated town, and may invest such fund, or any part thereof, in the name of the u Board of Trustees of the Firemen’s Pension Fund,” in interest-bearing bonds of the Unite 1 States, of the State of Illinois, of any county of this State, or o: any township or any municipal corporation of the State of Illinois. And all such securities shall be deposited with the treasurer of said city, village or incorporated town as ex-officio treasurer of said board, and shall be subject to the order of said board. Interest from investment of fund — diminishing rate from licenses.] § 6. The interest received from any such investment of said fund, after said fund shall have reached the sum of two hundred thousand dollars, shall be applicable to the payment of pensions under this act. And when such interest shall410 SUPPLEMENT. become so applicable, it shall be in the power of the council of said city, village or incorporated town to diminish such annual rate of one (1) per centum from licenses, so that said income from interest and from licenses shall meet the requirements of the pension lists, as provided by this act. Retirement on account op physical or mental disability.] § 7. If any member of the fire department of any such city, village or incorporated town shall, while in the performance of his duty, become, and be found, upon an examination by a medical officer ordered by said board of trustees, to be physically or mentally permanently disabled so as to render necessary his retirement from all service in said fire department, such board of trustees shall ha' e the power to retire such permanently disabled member from all service in such fire department: Provided, no such retirement on account of disability shall occur unless said member has contracted said disability while in the service of said department, or unless he shall have, at the time of said retirement on account of such disability, have served for ten years continuously, and upon such retirement the said board of trustees may order the payment to such permanently disabled member monthly, from said pension fund, of a sum equal to one half of the monthly compensation allowed such member as salary at the date of his retirement: Provided, that no pension paid under this act shall exceed the sum of one thousand dollars per annum. Death while in performance of duty, etc.—pension to widow—when fund ixsufficient.] § 8. If any member of such lire department shall, while in the performance of his duty, be killed, or die from the effects of any injury thus received, or of any disease thus contracted; or if any member of such fire department shall, after ten years continuous service therein, die from any cause contracted in the service, and such member so killed or dying from said injuries or disease, or after said term of continuous service, or during retirement as hereto provided, shall leave a widow, or minor child or children under sixteen years of age, said board of trustees may authorize and direct the payment from said pension fund of the following sums monthly, to-wit: To such widow, while unmarried, thirty dollars; to the guardian of such minor child or children, six dollars for each of said children while under the age of sixteen years: Provided, that there shall not be paid into the family of any deceased member more than one half of the amount of the monthly salary of such deceased member at the time of his decease, or if retired, at the time of his retirement: Provided, the total payments to any one family shall not exceed an amount equal to one half of the amount attached to the rank the deceased member held; aud in no case shall exceed the amount of one thousand dollars per annum: And provided further, that if at any time there shall not be sufficient money to the credit of said pension fund to pay to each person entitled to the benefit thereof the full iimount perLAWS OF 1887. ill month as hereinbefore stated, then and in that event an equal percentage of said monthly payment shall be made to each beneficiary thereof, until said fund shall be so replenished as to warrant the renewal of payments in lull to each of said beneficiaries. Beneficiaries under prior act.] § 9. The widows and orphans of deceased firemen and retired members of the fire department, who are now entitled to pension or annuity under the provisions of an act entitled “ An Act for the relief of disabled members of the police and fire departments in cities and villages,” approved May 24, 1877, as amended, shall be entitled to the benefits, pensions and annuities provided for by this act: jProvided, such persons shall thereupon cease to receive pensions, relief or benefits under said act of May 24,1877. - Retirement after twenty-five years’service, etc.] § 10. Any member of the fire department of any such city, village or incorporated town, after having served twenty-five years of consecutive service in such fire department, and having arrived at the age of fifty years, may make application to said board of trustees to be retired from active service in said fire department; and it shall be the duty of said board of trustees, upon an examination and recommendation of a medical officer appointed by said board, and their finding that such member is disqualified, physically or mentally, for further active service, to order said member to be retired; and upon such retirement, said board of trustees may authorize the payment to such retired member, monthly, from said pension fund, of a sum equal to one half of the monthly compensation allowed such member as salary at the date of his retirement: Provided, no such payment shall exceed the sum of one thousand dollars per annum, or such less sum in proportion to the number of members so retired as the condition of said fund will warrant. And said board shall have the power to assign such applicants for retirement to the performance of light duty upon full pay, in lieu of such retirement upon half pay. And after the death of such member, his widow and children under sixteen years of age, if any surviving him, shall be entitled to the pensions provided in this act; but nothing in this or any other section of this act shall warrant the payment of any annuity to any widow of a deceased member of said department after she shall have remarried. To wtiom act applies.] § 11. This act shall apply to all persons who are now, or shall hereafter become, members of such fire departments, and all such persons shall be eligible to the benefits secured by this act. Treasurer of board, custodian of fund—books and accounts—bond.] § 12. The treasurer of the board shall be the custodian of said pension fund, and shall secure and safely keep the same, subject to the control and direction of the board;412 SUPPLEMENT. and shall keep his books and accounts concerning said fund in 'such manner as may be prescribed by the board; and the said books and accounts 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, village or incorporated town, with good and sufficient securities, in such penal sum as the board shall direct, to be approved by the board, conditioned for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all inonëys and property which may come into 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 property which may have come to his hand as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, village or incorporated town, 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, village or incorporated town, for the use of said board, or of any person or persons injured by such breach. Duty op mayor, or etc., to draw warrants.] § 13. It shall be the duty of thé mayor, or the president of the board of trustees and clerk, or the comptroller, if there be one*and the officer or officers of such city, village or incorporated town who are or may be authorized by law to draw warrants upon the treasurer of such city, village or incorporated town, upon request made in writing by said board, to draw warrants upon the treasurer of such city, village or incorporated town, payable to the treasurer of the board, for all funds in the hands of the treasurer of such city, village or incorporated town belonging to said pension fund. Money paid only upon warrants signed, etc,—interest from fund.] § 14. All moneys ordered to be paid from said pension fund to any person or persons shall be paid by the treasurer of said board only upon warrants signed by the president of the board and countersigned by the secretary thereof; and no warrant shall be drawn except by order of the board duly entered in the records of the proceedings of the board. In case the said pension fund or any part thereof shall, by order of said board or otherwise, be deposited in any bank, or loaned, all interest or money which may be paid or agreed to be paid on account of any such loan or deposit, shall belong to and constitute a part of said fund: Provided, that nothing herein contained shall be con- strued as■ authorizing said treasurer to loan or deposit said fund or anv part thereof, unless so authorized by the board. Report of board of conditions of fund.] § 15. The board of trustees shall make report to the council of said city, village or incorporated town, of the conditions of said pension fund On the first day of January in each and every year. Fund not subject to levy either before or after order of distribution, etc.] § 10. No portion of said pension fundlaws of 1887 413 shall, either before or after its order of distribution by said board to such disabled members of said fire department, or to the widow or guardian of such minor child or children, or a deceased or retired member of such department, be held* seized, taken, subjected to, or detained or levied on bv virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or any process or proceeding whatever issued out of or by any court of this State for the payment or satisfaction in whole or in part of any debt, damages, claim, demand or judgment against such member, or his said widow, or the guardian of said minor child or children of any deceased member; but the said fund shall be sacredly held, kept, secured and distributed for the purpose of pensioning the persons named in this act, and for no other purpose whatever. Repeal.] § 19. All acts or parts of acts inconsistent with this act are hereby repealed. POLICE DISTRICTS AND THE POWERS AND DUTIES OF POLICE THEREIN. AN ACT to define police districts, and the powers and the duties of the police therein. Approved May 13, 1887. In force May 13, 1887. What shall be a police district.] § 1. JBe it enacted by the People of the State of Illinois, represented in the General Assembly, That the territory which is embraced within the limits of adjoining cities, villages and incorporated towns, within any county in this State shall be a police district. Police may go into any part of such district to suppress riot, etc.—duty of mayor.] § 2. It shall be lawful for the police of any city, village or incorporated town in such district to go into any part of such district to suppress riot, to preserve the peace and protect the lives, rights and property of citizens, and for such purposes it shall be the duty of the mayor of any city, the president or the president and board of trustees of any village or incorporated town in such district, and the chiefs of police therein, to use the police forces under their control anywhere m such district. Emergency.] § 3. Whereas, an emergency exists this act shall be in force from and after its passage.INDEX. SEC. PACE. ABATEMENT OF NUISANCE.............................. 288 71 ACCIDENTS. Report by police................................. 389 85 ACTIONS. How brought..................................... 1 1 Statement of.................................... 2-3 1 No dismissal when................................ 2-3 1 Amendments...................................... 3 2 ACQUITTAL. No bar when...................................... 5 2 ADVERTISING BOARD—(See “Sign Boards.”) AGRICULTURAL FERTILIZER............................. 283 70 ALDERMEN—(See “ Citv Council.”) ANIMALS. Where prohibited................................. 25 7 Running at large—penalty.......................... 26 7 Herding of same.................................. 27 7 Pounds"......................................... 28 7 Pound keepers......................-............ 29 7 Impounded animals...............................30-31 8 Complaint........................................ 32 8 Summons......................................... 33 8 Unknown owner of—notice......................... 34 8 Trials of......................................... 35 9 Execution....................................... 36 9 Fees for im pou ndin g..........................38-39 10 Redeemed from pound........................ 40-41-42 10-11 Who may not purchase............................. 43 11 Not to hinder impounding.......................... 44 11~ Pound keeper's report......................... 45 11 Pound keeper's police powers..................... 47 11 Sale of—surplus................................... 46 11 Wrongful impounding.............................. 48 12 Penalty......................................... 49 12 Leaving animal unfastened, etc................. 409 103 (415)416 INDEX. ANIMALS—Continued. Cruelty to................................ Dead or disabled—on street, etc........... Keeping1 of, when nuisance................ Slaughtering.......................*...... (See “Dogs.”) ANIMAL MATTER, OFFENSIVE..................... Transporting same......................... ANNEXING AND EXCLUDING TERRITORY. Acts in relation to....................... APOTHECARY, DRUGGIST, ETC. Permit necessary to sell, etc.—intoxicating liquors APPEALS...................................... Village need not give appeal bond—........ APPOINTED OFFICERS........................... Sergeants of Police....................... Special police and police................. (See “Officers..”) APPROPRIATION ORDINANCE. Copy to be filed with County Clerk........ Report of estimates by comptroller........ APPROVAL. Of bonds of officers........................ Of ordinances by President................ Of plats by Supt. of special assessments.. ARREST. For carrying concealed weapons............ Complaint for warrant..................... Without process........................... On view................................... Sunday or night........................... Who may make.............................. Imprisonment—workhouse..................... ASHES. Throwing on improved street, etc.......... Declared a nuisance....................... ASSAULT AND BATTERY. Prohibited................................ ASSESSMENT—(See “ Special Assessments “ ATTORNEY. Duty in suits............................. Written opinions.......................... Shall keep docket......................... Shall attend meetings of board............ Make annual reports....................... Appointed................................. SEC. PAGE .... 249 63 .... 269 65 .... 286 71 .... 287 ' 71 .... 273 66 .... 274 66 .... 697 190 .... 146 38 .... 16 4 .... 675 184 ..291-292 72 .... 336 84 .... 342 85 ........ 88 28 .......... 101 27 .......... 295 73 .......... 312 77 .......... 330 82 ........ 107 28 ........ 7 2 ............ 9 3 ........... 10 3 ........... 11 3 ........... 10 3 .......... 748 206 .......... 275 67 .......... 278 69 .......... 231 61 Taxes.”) ........... 50 12 ........... 51 12 ........ 52 12 ........... 58 12 ........... 53 12 ......291-292 72INDEX. 417 SEC. PAGE AUCTIONEERS. Power to .license................................... 560 151 Must have license................................... 219 58 AWNINGS. How constructed and placed........................ 411 103 BAIL. .. Special....t...........?-----s.................. 13 3 Form of............................................ 14 4 BALTIMORE, PITTSBURGH & CHICAGO R. R. CO., ILLINOIS DIVISION. - Ordinance in relation to........................... 303 BALTIMORE & OHIO TELEGRAPH CO. Ordinance in relation to........................... _ 364 BARNS. (See “Livery Stables.”) BATHING. " In naked state, prohibited.......................... 244 62 BILLIARD TABLES. Must have license................................. 219 58 BIRDS. Killing of, prohibited............................. 276 67 BIRTHS. To be reported to Health Department................ 202 54 BLACKSMITH SHOP. Locating without permission, a nuisance............. 278 €9 BOARD OF TRUSTEES. Meetings, when held............................... 374 94 Order of business—how suspended.................... 375 95- Order of business.................................. 376 95 • Questions of order................................... 377 95 Addressing the president.........'................. 378 95 Resolutions to be in writing—how voted on.......... 379 95 Committees........................................ 380 95 Reports of committees............................... 381 96 Bills to be referred................................ 382 96 .Allmembers to vote—previous question............... 383 ,96 Motions—when in order............................... 384 96 Motions to adjourn.................................. 385 96' Reconsideration of vote............................. 386 97 Territorial jurisdiction........................... 542 144 Compensation........................................ 583 161 (560 148 - Powers and duties of president and board. ......... -j 683 186 (684 186. Appoint officers, prescribe duties, etc............. 686 1871 Annual election of three trustees................... 688 187 27418 INDEX. SEC. PAGE BOARD OF TRUSTEES—Continued. To provide for approval of maps, plats, etc.......... 671 183 May license or prohibit itinerant merchants, etc... supp. 399 (See “Trustees,” “Officers.”) BOATS. Enforcing ordinances on.............................. 698 191 BOMBS AND EXPLOSIVES. Unlawful to keep, etc., without permit.............. 328 81 Penalty.............................................. 329 82 BOND. Village need'not give appeal bond.................... 675 184 BONDS. Issuing $500,000 by village.......................... 54 13 Sale of............................................... 55 14 Tax to pay interest.................................. 56 14 Sinking fund........................................ 56 14 Register and transfer of same......................... 57 14 Invest sinking fund.................................. 58 14 Credit of village pledged, etc....................... 59 15 Issuing $10,000 by village........................... 60 15 Purchase of and paying interest....................... 61 15 Investment in other bonds............................. 62 15 Purchase of by two thirds vote of board............... 62 15 Village bonds, register of......................... 100 27 Contractors to give................................. 118 31 Of officers......................................... 294 73 Official bonds to have surety—approval by board..... 295 73 BOULEVARDS. (See “ Parks,” “Michigan Avenue,” “ Forty-seventh Street.” BOUNDARIES. Of Village of Hyde Park............................ 70 18 Fire limits...................................... 166 45 Pound limits.........*............................ 25 7 BOWLING ALLEY. Must have license................................ 219 58 • Kept open when................................. 243 62 BREACH OF PEACE. Provoking, prohibited............................. 232 61 BREAKING POUND. Prohibited........................................ 259 64 BREWERY. Locating without permission a nuisance............ 278 69 BRIBERY. Of trustee or officer............................ 577 159 Penalty........................................... 843 234INDEX. 419 SEC. PAGE BRIDGES. Injury to, etc................................... 250 62 Driving faster than a walk ......................... 407 103 Posting advertisements on.......................... 408 103 And ferries—limits—tolls............................. 693 189 Control by city or village........................... 694 189 Penalty for fast driving over........................ 696 190 BUILDINGS. Churches and halls—walls, thickness of............... 71 19 Doors to open outward................................ 72 19 Openings and stairways................................ 73 20 Penalty............................................... 74 20 Buildings to be closed.'............................. 75 20 Permits to erect...................................... 76 20 Use of street—red light............................... 77 21 Enforcing ordinance—penalty........................... 78 21 Factories and mills................................. 79 21 Application for permit............................... 80 21 Penalty............................................... 81 21 Keeping in offensive condition, a nuisance........... 278 68 Carrying on noxious trade in, a nuisance............. 278 68 Permit for erection.................................. 167 47 Numbering of......................................... 403 101 Thickness of walls.................................. 168 45 Public doors open outward............................ 884 244 Penalty.............................................. 885 244 When public buildings may be closed.................. 886 244 (See “Fire Limits.”) BURDETT-LOOMIS GAS & ELECTRIC LIGHT CO. Ordinance in relation to............................ 392 BURIALS. Where permitted.................................. 204 54 Permit required...................................... 205 54 BURNING STANDING HAY, ETC. Prohibited in street, etc........................... 267 65 CALABOOSE. At village hall....................................... 82 22 Keeper of—Captain of Police........................... 83 22 May establish others.................................. 84 22 Custody of prisoners............................... 11-12 3 CALUMET’ RIYER RAILWAY CO. Ordinances in relation to................................ 329-333 CALUMET GAS COMPANY. Ordinance in relation to..................................... 360 CALUMET & CHICAGO CANAL AND DOCK COMPANY. Act of Incorporation......................................... 290 Ordinance in relation to................................... 333420 INDEX. SEC. PAGE CAPTAIN OF POLICE. Duties of......................................... 335 84 To report arrests and collect penalty................ 351 87 Appointed..........................................291-292 72 CATTLE. Running at large....................................... 25 7 Keeping of, when nuisance............................. 286 71 Slaughtering, when nuisance........................... 287 71 CEMETERIES. Nuisance to establish without permission.............. 278 68 Various acts concerning.........'.................... 771 213 Oakwoods Cemetery Association................................. 292 CHEATING. By game or device.................................... 256 64 CHICAGO; ROCK ISLAND & PACIFIC R. R. CO. Act of incorporation.......................................... 251 CHICAGO & CALUMET HORSE & DUMMY R. R. CO. Act of incorporation.......................................... 297 Ordinance in relation to...................................... 349 CHICAGO CITY RAILWAY CO. Act of incorporation......................................... 298 Ordinances in relation to................................. 336-349 Ordinances in relation to................................. 387-391 CHICAGO & EASTERN ILLINOIS R. R. CO. Ordinance in relation to...................................... 317 CHICAGO & WESTERN INDIANA R. R. CO. Ordinances in relation to................................. 306-316 CHICAGO TELEPHONE COMPANY. Ordinance in relation to...................................... 361 CHIMNEYS AND FLUES How to be built....................................... 175 48 CITIES, VILLAGES AND TOWNS. How city may incorporate.............................. 498 137 How city may incorporate............................. stjpp. 395 < Notice of election.................................... 499 137 The ballot—result..................................... 500 138 How towns may become cities.......................... 501 138 Organizing a city—petition—election—result............ 502 138 Court to take judicial notice of organization......... 503 138 Election of officers.................................. 504 139 When County Judge to give notice of election.......... 505 139 Term of first officers.................'............. 506 139 Corporate name—powers................................ 507 139 Prior ordinances, etc.—in force until, etc............ 508 140 Rights, etc., of old corporation to vest in new....... 509 140 Record of result of election......................... 510 140 City Register’s office abolished...................... 511 140INDEX. SEC. PAGE CITIES, VILLAGES AND TOWNS-Continued. Taxpayer may enforce rights in name of city.......... 670 183 Inhabitants competent as jurors, etc................. 672 184 Population—census.................................... 673 184 Municipal year....................................... 674 184 City or village need not give appeal bond............ 675 184 Annexing and excluding territory..................... 697 190 Enforcing ordinances on boats, etc................... 698 191 Leasing landings and levees.......................... 701 192 Organization of Villages. By incorporated towns................................. 676 184 Ballot................................................ 677 185 Returns—canvass—record................................ 678 185 Result—old officers continue until, etc.............. 679 185 New organization—how effected......................... 680 185 Petition—election—return.............................. 681 185 Result—election of officers, etc...................... 682 186 Trustees—corporate name—powers....................... 683 186 Powers and duties of president and trustees........... 684 186 Style of ordinances................................. 685 187 Appointment of officers—prescribe duties and fees..... 686 187 Power of constable................................... ( 87 187 Annual election....................................... 688 187 Suits—jurisdiction, fines, etc..................... 689 187 Police magistrates.................................... 690 187 No incorporation allowed under former laws........... 691 188 Changing from city to village....................... 692 188 Changing name...................................... 697 191 Police magistrate—election of........................ 702 192 May protect from overflow, etc........................ 753 207 Division into improvement districts................... 756 209 May construct drains................................. 757 209 Refunding illegal taxes.............................. 761 210 Conveyance of real estate............................ 762 210 Limitation of indebtedness of......................... 766 211 Municipal subscriptions to railroads or private corporations. 769 212 CITY COLLECTOR. His duties............................................ 598 164 He shall report, etc.—publication..................... 599 164 Not to detain money—penalty.......................... 600 165 Examination of his books—paying over................. 601 165 (See ‘‘ Collector. 1;) CITY COMPTROLLER. His powers and duties.............................. 602 165 Council may define the duties—transfer of clerk’s financial duties........................................... 603 166422 INDEX. SEC. PAGE CITY COMPTROLLER—Con tin ued. Record of bonds issued by city......................... 604 166 (See “ Comptroller.”) CITY COUNCIL. Council, liow composed................................. 527 148 Number of aldermen..................................... 528 143 Term of office......................................... 529 143 Vacancy............................................... 530 143 Qualification of aldermen.............................. 531 143 Council judge of its members........................... 532 144 Rules—expulsion—bribery................................ 533 144 Quorum—compelling attendance........................... 534 144 Meetings............................................... 535 144 Chairman pro tem....................................... 536 144 Open doors............................................. 537 144 Journal..............................................i. 538 144 Yeas and nays—record—vote required..................... 539 144 Not to rescind vote at special meeting, unless, etc.... 540 144 When report laid over.................................. 541 144 Territorial jurisdiction.............................. 542 144 Special meeting........................................ 543 144 Ordinances— approval-—veto............................. 544 145 Reconsideration—passing over veto..................... .545 145 Powers of.............................................. 560 148-156 Number of aldermen.................................... stjpp. 896 Powers of city council.................................. u 898-9 Not to grant use of street to railroad, etc., except upon petition, etc............................................... u 398 To license or prohibit itinerant merchants.............. “ 399 (“See Elections.”) CLERK. Office at village hall—duties........................... 85 22 To file copy of annual appropriation ordinance with county clerk...............'.............................. 88 23 Notify persons elected or appointed to office.......... 87 23 Record and publish ordinances.......................... 86 23 Duties of............................................. 579 160 May administer oaths---------------------------------- 585 161 COAL. Definition of ton...................................... 90 24 Certificate of village weigher.......................— 91 24 Penalty................................................ 92 24 Placing on improved street, etc........................ 275 67 Declared a nuisance.........—........................ 278 69 COLLECTOR. Appointed............................................ 292 72 Duties of............................................... 93 25INDEX 423 SEC. PAGE COLLECTOR—Continued. Monthly report and payment......................... 94 25 Yearly report..................................... 95 25 Report and final settlement............................ 96 25 Report under section 39, article IX, chapter 24, Revised Statutes.......................................... 97 26 (See “ City Collector.”) COMMITMENT. By process........................................ 20 5 COMPENSATION TO OFFICERS OF TOWNS, ETC. Unlawful to take greater sum than percentage...... 760 210 COMPROMISE. ■ Of fine, etc....................................... 22 6 COMPLAINT. For warrant....................................... 7 2 Against owner of animal impounded.................. 82 8 COMPTROLLER. Papers, etc., in his custody....................... 98 26 Accounts with all funds............................ 99 26 Register of village bond............................... 100 27 Estimate for appropriation bill......................... 101 27 Supervision over finances........................ 102 27 To give bond........................................... 104 28 Payment to comptroller................................. 103 27 Appointed.............................................. 292 72 Charge of water rate division, etc..................... 441 113 To furnish blanks to police....................... 340 85 (See 1‘ City Comptroller. ’1 ) CONCEALED WEAPONS. Carrying unlawful.................................. 105 28 Confiscation of................................... 106 28 Arrest................................................. 107 28 Procedure.............................................. 108 29 Penalty................................................ 109 29 Persons exempted................................... 110 29 License to carry................................... Ill 29 Fee.................................................... 112 29 Contents of license.................................... 113 29 CONDEMNATION. (See u Special Assessments.”) (See “ Eminent Domain.”) CONGRESSIONAL APPORTIONMENT............................... 792 219 CONSENT OF LOCAL AUTHORITIES. Necessary for construction, etc., of street railroad... 767 212 Necessary to erect poles, etc., on roads, streets, etc. 909 250 CONSTABLE. Powers of.............................................. 687 187424 INDEX. SEC. PAGE CONST ABLE—CWÍJ? tied. May serve process, etc............................ 568 157 Election of....................................... 764 211 CONSTITUTION OF 1870. Taking private property for public use............. 763 211 Justices of the Peace and Constables............... 764 211 Eligibility to office—compensation of officers..... 765 211 Limitation of indebtedness of city, etc............ 766 211 Consent necessary for construction, etc., of street railroad.. 767 212 Eminent domain................................. 768 212 Municipal subscriptions to railroads, etc.......... 769 212 CONTINUANCES. How granted......................................... 16 4 CONTRACTS. Officers not to be interested in................. 114 30 How made........................................... 115 30 Preventing accidents............................. 116 30 Contractors liable for damages..................... 117 31 Contractors to give bonds......................... 118 31 Under special assessments.......................... 119 31 COUNTIES. Classified......................................... 770 213 CRUELTY TO ANIMALS................................... 249 63 COSTS. When to be taxed.................................... 18 5 DALTON & SOUTH CHICAGO R. R. CO. Ordinance in relation to.......................... 305 DAMAGES. When recoverable from contractor................... 117 31 DEAD OR DISABLED ANIMAL. Upon any street, alley, etc., prohibited........... 269 65 DEATHS. To be reported to health department................ 202 54 To be reported to Election Commissioners........... 796 220 DEFINITION. Of words and phrases in ordinances................. 316 78 DEPARTMENT OF PUBLIC WORKS. Duty concerning buildings.......................... 77 21 DIFFERENT CAUSES OF ACTION. Prosecution of one no defense to other............... 5 2 DISORDERLY CONDUCT. Prohibited........................................ 234 62 DISTILLERY. Locating without permission, a nuisance............ 278 69 DISTURBANCE. Of funeral procession.............................. 242 62 Of schopl, etc..................................... 241 62INDEX. 425 SEC. PAGE DISTURBANCE—Continued. Of worship of God............................................. 240 62 DOGS. Fierce or dangerous not to run at large....................... 120 82 Prohibiting running unmuzzled................................. 121 82 When to be deemed ferce naturw..................... 1552 82 Impounding—killing........................................... 128 38 Penalty when impounded...................................... 124 33 Registering tax............................................. 125 83 Collar and metal tag.......................................... 126 34 What dogs exempted........................................... 127 34 Impounding................................................ 128 34 Penalty to persons owning..................................... 129 84 DRAINS. Cities and villages empowered to construct................... 757 209 Drainage—improvements by special assessments.................. 758 209 Proceedings in............................................... 759 209 (See “Water-ways, Sewers and Drains.”) DRAINS, DITCHES AND LEVELS, FOR AGRICULTURAL, SANITARY AND MINING PURPOSES........................ 772 244 DRAM SHOPS. Require license under ordinance............................. 130 85 Defined....................................................... 131 85 Keeper to be licensed......................................... 132 35 Liquor or beer wagon ...................................... 133 85 Keeper of liquor or beer wagon to be licensed................. 134 £5 License of—by whom granted.................................... 135 36 Contents of license........................................... 136 36 Bonds to be given................................137, 138 36, 87 Fee to be paid................................................ 139 37 Liquor not to be sold or given to minors...................... 140 37 Places not licensed a nuisance................................ 141 37 Sale during elec ions.............................. 142 £8 Sale at unlicensed places—penalty............................ 143 88 License to be posted.......................................... 144 £8 Saloon, when to be closed..................................... 145 88 Attempt to evade............................................. 147 39 Evidence in prosecutions................................... 148 39 Penalty...................................................... 149 39 Territory restricted......................................... 150 89 Dram shops—defined, etc., by statute.......................... 773 214 Selling liquor without license............................... 774 214 How license may be granted.................................... 775 214 How license may be granted by comity board.................... 776 215 License to sell malt liquor—penalty for selling other liquor.. 777 215 Form of license—rights under—may be revoked......... 778 216 Bond—how taken—sued on....................................... 779 • 216428 TNDEX. SEC. PAGE DRAM SHOPS—Continued. Selling or giving to minor or drunkard................ 780 216 Nuisance—penalty—bond—evidence........................ 781 216 Liability for support, etc............................ 782 217 Suit for damages by husband, wife, child, etc.—forfeiture of bond............................................ 783 217 What liable to execution—proceedings to enforce....... 784 218 When suit may be before justice....................... 785 218 Indictment or line.................................... 786 218 Giving away liquors, etc............................. 787 219 Evidence................................................. 788 219 City or village ordinance no defense.................. 789 219 DRAYMEN. Must have license..................................... 219 58 DRIVING. Speed over bridges................................... 407 103 Speed on highways, park, etc......-................... 412 104 DRUNKENNESS. Where prohibited ..................................... 233 62 DUMMY RAILROADS. (See u Horse and Dummy Railroads ” and u Railroads.”) ELECTIONS AND. APPOINTMENTS. Clerk to notify persons elected or appointed........... 87 23 ELECTIONS. General election of city officers..................... 546 145 Election of mayor, city clerk, attorney and treasurer. 547 145 Who entitled to vote.................................. 548 145 Wards................................................. 549 146 Wards.................................................. supp. 897 Aldermen at first election--classified................ 550 146 Minority representation............................... 551 146 Aldermen under minority plan.......................... 552 147 Aldermen when minority plan not adopted............... 553 147 Place of election—notice.............................. 554 147 Manner of conducting elections, etc................... 555 147 Result—tie............................................ 556 148 Notice to persons elected or appointed................ 557 148 When no quorum in office—special election............. 558 148 Special election...................................... 559 148 Time of opening and closing polls..................... 746 205 Time for holding same in cities, etc.................. 747 205 Fill vacancies in elective offices.................... 790 219 Registry of electors and prevent fraudulent voting.... 791 219 Congressional apportionment—districts................. 792 219 Senatorial and representative apportionment—districts— one senator and three representatives from each..... 793 220 Adoption of act by village or town.................... 794 220INDEX. 427 SEC. PAGE ELECTION’S—Continued. Effect of adoption of act.............................. 795 220 Monthly reports of the dead............................ 796 220 Days of, holidays...................................... 797 221 Canvassers to declare result—make abstract—certificate—• force of............................................. 798 221 County clerk—certificate of election................... 799 221 Canvassing- board—city or town office—tie vote......... 890 221 Duty of canvassing board upon indication of fraud...... 801 222 Commissioners’ and clerks’ fees—how paid............... 802 222 Judges, etc., paid at rate $3.......................... 803 223 Number of days to be credited judges and clerks........ 804 223 When city to pay judges and clerks..................... 805 223 When county to pay judges and clerks................... 806 223 When act adopted....................................... 807 224 Ex-officio commissioners of village.................. 808 224 Quadruple returns of judges, etc. of village or town—how made............................................... 809 224 Returns of village or town election.................. 810 224 Oaths—-commissioners and judges may administer....... 811 224 Ballot boxes—polling places—canvass—town meeting_____ 812 225 ELEVATED RAILROADS. Petition of land owners.............................. 906 250 When street more than one mile......................... 907 250 Repealing clause........................................ 908 250 EMINENT DOMAIN. Compensation—jury.................................... 813 226 Proceedings—parties.................................. 814' 227 Petition in vacation................................... 815 227 Service—notice......................................... 816 227 Hearing.............................................. 817 227 Jury in vacation..................................... 818 228 Impaneling jury...................................... 819 228 Oath of jury......................................... 820 228 View of premises—verdict............................. 821 228 Judgment—payment...................................... 822 229 Cross-petition.................................... 823 229 Appeal............................................... 824 229 Bond—use of premises................................. 825 229 Payment to county treasurer, etc..................... 826 229 Judgment entered..................................... 827 229 Repealing clause..................................... 828 229 Horse and dummy railroads............................ 834 231 Compensation for property taken or damaged........... 835 232 Vacation of road—consent—notice—-damage................ 836 232 Control of streets reserved—police power............. 837 232 (See “Constitution of 1870.”)428 INDEX. SEC. PAGE ENGROSSING ORDINANCE BEFORE PASSAGE.................. 315 77 EVIDENCE. In prosecutions for selling liquor................. 148 39 Book of ordinances received as........................... 319 29 Records, etc., of cities, etc.—how certified............. 829 230 Form of certificate...................................... 830 230 EWING AVENUE HORSE RAILWAY COMPANY. Ordinances in relation to......................... 352-356 EXCAVATIONS. Permission to make, required............................. 446 114 EXECUTION. In case of animal impounded............................... 34 9 EXECUTIVE DEPARTMENTS. Establishment of.................................. 151 41 EXECUTIVE OFFICERS AND DUTIES......................... 152 41 EXEMPTIONS WAIVED...................................... 15 4 ^EXHIBITIONS. Must have license................................. 219 58 EXPLOSIVES. When unlawful to keep............................. 326 81 Manufacture, when prohibited............................. 327 81 Permit from board of trustees...................... 328 81 Penalty.................................................. 329 82 EXPOSURE OF PERSON. Prohibited............................................... 245 63 FACTORIES AND MILLS. Restriction on erection of............................... 79 21 Application to erect...................................... 80 21 Penalty........................................... 81 21 FEES. Of village officers...................................... 153 41 Penalty for violation of § 153........................... 154 42 Of pound keepers.............................. 38, 39 10 Of sealer of weights and measures........................ 494 134 For permits to connect service pipe...................... 450 115 FENCES. Construction—height...................................... 155 42 Penalty for violation.................................... 156 42 When declared a nuisance................................. 278 69 FERRIES. (See “Bridges.”) FERTILIZER. Bringing animal matter into village for manufacture of... 281 70 Before rendition to be deodorized........................ 282 70 Rules for manufacturing.................................. 283 70 FIGHTING. Of all kinds prohibited................................. 246 63INDEX. 429 SEC. FILING. Official documents by clerk............................ 89 FINANCE. Fiscal year........................................... 586 Annual appropriation ordinance........................ 587 Limitation—emergency—borrowing money.................. 588 Contracting liabilities, limited..................... 589 Duties of* treasurer..... 590 Separate account...................................... 591 Receipts............................................ 592 Monthly statements—warrants—vouchers—register...... 598 Deposit of funds—separate from his.................... 594 Treasurer’s annual report—publication....,............ 595 Warrants.............................................. 596 Special assessment funds kept separate................ 597 Supervision of comptroller........................... 102 Duplicate receipts for money.......................... 103 Further duties may be required of officers............ 605 7 Appeal to finance committee............................ 606 FINES, PENALTIES, ETC. How collected........................................... 4 To be paid to treasurer................................. 4 Imprisonment til l paid................................ 21 FIRE CAPTAINS........................................... 77 Two appointed........................................ 292 Marshal abolished................................... 158 Division of village into districts.................... 159 Appointment of........................................ 160 Their duties.......................................161,162 Control at fires................................... 16el Bond of............................................... 164 Volunteer fire and hose companies.................... 165 FIRE ESCAPES. To Re put on certain buildings within six months—kind of 831 On certain buildings hereafter erected................ 832 FIRE LIMITS AND FIRES. Limits defined—how extended....................... 166 Permit required for building......................... 167 Thickness of walls and construction................... 168 Sheds, how constructed................................ 169 Depositories for ashes................................ 170 Raising building to grade............................. 171 Moving buildings..................................... 172 Buildings—damaged 50 per cent......................... 173 Violation, a nuisance..............................— 174 Chimneys, etc., how built.....................-....... 175 PAGE 24 161 161 162 162 163 163 163 163 163 164 164 164 27 27 166 166 2 2 5 21 72 43 43 43 43, 44 44 44 44 230 231 45 45 45 46 47 47 47 47 48 48430 INDEX. SEC. PAGIj FIRE LIMITS AND FIRES-Co^/m^. Stove pipe, how placed........................... 176-177 48 Lanterns in stables.................................. 178 48 Fire and hose companies.............................. 179 48 Destroy buildings at fire............................ 180 49 Who commands at fire................................. 181 49 Interference at fire................................. 182 49 Injuring hydrant, etc................................ 183 49 Injuring telegraph, etc.............................. 184 49 Penalty.............................................. 185 49 FIREMEN’S PENSION FUND. Fund, how created—treasurer of fund................. supp. 408 Board of Trustees of Firemen’s Pension Fund............ “ 408 Management of fund—assessment of members—deciding upon applications—record of meetings................. “ 408 Rewards, gifts, devises, etc.—permanent fund........... “ 409 Power of board to draw fund—investing same—deposit of securities....................................... ^ 409 Interest from investment of fund—diminishing rate from licenses......................’...................... “ 409 Retirement on account of physical or mental disability_ “ 410 Death while in performance of duty, etc.—pension to widow—when fund insufficient...................... ** 410 Beneficiaries under prior act.......................... “ 411 Retirement after twenty-five years’service, etc........ “ 411 To whom act applies................................ u 411 Treasurer of board, custodian of fund—books and accounts................................................ u 411 Duty of Mayor or President, etc., to draw warrants..... “ 412 Money paid only upon warrants signed, etc.—interest from fund............................................... “ 412. Report of board of conditions of fund.................. “ 412 Fund not subject to levy either before or after order of distribution, etc........................................ “ 412 Repealing clause....................................... u 413 (See “ Police and Firemen’s Relief Fund/’) FIREWORKS. To be stored in vault................................ 237 62 FIRING! GUN ON SUNDAYS. Prohibited......................................... 233 62 FISCAL YEAR. When commences...................................... 157 43 FLAGMAN. Maintenance at R. R. crossing........................ 359 91 FLYING KITES. In business street prohibited....................... 263 65INDEX. 431 SEC. PAGE FOREIGN INSURANCE COMPANIES. License—penalties—accounts......................... 60S 167 FORTY-SEVENTH STREET. Ordinance in relation to.......................... 377 FOUNDRY. Locating without permission, a nuisance............ 278 69 FUNERAL PROCESSION. Disturbing......................................... 242 62 GAMBLING. Prohibited......................................... 253 64 House.............................................. 254 64 Police may destroy gambling devices................ 343 87 GAMING. Playing at cards, etc., in saloons by minors..... 883 231 GAS COMPANIES. Street mains....................................... 186 50 Keep map at village hall........................... 187 50 Not to excavate in carriage way.................... 188 50 To conform to ordinances.......................... 184 50 Ordinances in relation ....-:..................... 357-361. 392 GRADES. Base for levels.................................... 191 51 How fixed.......................................... 192 51 Straight lines—sidewalks........................... 193 52 Constructions................................... 194 52 (“See Stagnant Water.”) GROCERY. When a nuisance.................................... 284 71 GUNPOWDER. Permit to store.................................. 200 53 HACKS AND HACKMEN. (See “ Licenses.”) HAY STANDING, ETC. Not to be -burned on streets, etc................. 267 65 No fires without permission, etc................... 268 65 HEALTH DEPARTMENT. Infectious disease tobe reported................... 195 52 Infected person not to be put into street, etc..... 193 52 Board may order vaccination.........'............. 197 52 No one shall put filth in the street...........198, 199 53 Shall not store powder, etc.—permit................ 200 53 Village physician, appointment..................... 201 53 Make return of births and deaths to health department.... 202 54 Body not to be removed or interred without filing certificate .............................................. 203 54 No interment except in cemetery.................... 204 54 Penalty......................................... 205 54432 INDEX. SEC. PAGE HEALTH DEPARTMENT—Continued. Offensive vault or cess pool........................ 206 55 Night Scavenger to be licensed...................... 207 55 Privy vaults, etc................................208, 209 55 Power of village physician.......................... 210 59 Notice of. infectious disease—penalty............. 211 56 Tillage physician to have aid of police......'.....212 56 Penalty ......................................... 213 56 HOGS. Running at large prohibited......................... 258 64 (“See Animals.”) HOLIDAYS. Election days....................................... 797 221 HORSE AND DUMMY RAILROADS. Eminent domain..................................... 834 231 Compensation for property taken or damaged......... 835' 232 Location of road—consent—notice—damages............. 836 232 Control of streets reserved—police power............ 837 232 (See “Railroads.”) HOUSE OF ILL-FAME. (See “ Ill-fame, Houses of.”) HUNTING IN STREETS. Prohibited......................................... 236 62 HYDE PARK GAS COMPANY. Ordinance in relation to.......................... 357 ICE. Sale of impure, prohibited......................... 214 57 Weighing......................................... 215 57 Penalty........................................... 216 57 ILL-FAME, HOUSES OF Keeping, patronizing, etc., prohibited.............. 252 63 Licensing and inspection of, prohibited............ 699 190 ILLINOIS CENTRAL RAILROAD CO. Act of incorporation...................................... 259 Ordinances in relation to.............................. 301-303 Ordinances in relation to.................................. 386 IMPRISONMENT. Until fine paid..................................... 21 5 IMPURE ICE—(See “Ice.”) IMPURE MILK—(See “Milk.”) INCORPORATION (See “Boundaries/’ “Cities, Villages and Towns.”) INDEBTEDNESS OF CITY, ETC. Limitation of............................... 766 211 INDECENT SHOW. Prohibited.................................. 247 63INDEX* 433 SEC. PAGE INDECENT WORDS OR PICTURES. Prohibited on bridge., etc........................ 248 63 INFECTIOUS DISEASE. ' To be reported to village physician.....•......... 195 53 INJURY. To bridge, fence, building, etc., prohibited... *. 250 63 INSURANCE COMPANIES. Tax on net receipts................................. 868 233 (See “Foreign Insurance Companies.“) JAIL—(See “Calaboose.”) JUDGMENT. When defendant found guilty......................... 15 4; On verdict.......•................................ 19 5 Animals at large—impounded.....................— 36 9 License, revocation of for violation of ordinance. 229 60 JUNK DEALERS. Must have license................................ 219 85 JURORS. inhabitants of, competent incase city or village.party in in terest.................................... 672 184 JURY. Trial by, if demanded............................... 17 4 JUSTICES OF THE PEACE AND CONSTABLES; Jurisdiction under village ordinances................. 1 1 Jurisdiction of.................................... 567 157 Constable may serve process, etc................... 568 157 Election and jurisdiction........................... 763 211 KILLING SMALL BIRDS.................................. 276 67. KITES—(“ See Flying Kites.”) LABOR ON STREET. Who may be required to—ordinance................... 738 , 202 Fines and penalties................................ 739 202 LAMPS. Fastening animals to, prohibited.................. 409 103 P. O. fasten letter boxes....*.................... 217 57 Injury to.......................................... 218 57 LAKE SHORE & MICHIGAN SOUTHERN R. R. CO.............. 303 LANDINGS AND LEVEES. Leasing......................................... 701 192 LANGUAGE. Profane, indecent,’etc., prohibited................ 232 61 LEWDNESS............................................. 235 62 LICENSES. Occupations to be licensed.......................... 219 58 Application, how made, by whom signed............... 220 58 Duration of........................................ 221 59 2843é INDEX, SEC. PAGE LICENSES—Continued. {Sewer builders or plumbers........................ 222 59 Vehicles for hire to be licensed................... 223 59 Owner of vehicles to giife bond...................... 224 59 Drivers, lighted lamps............................. 225 60 No driver except licensed........................... 226 60 Transfer of......................................... 227 60 Bond to be given—fee paid........................ 228 60 Violation of ordinance works forfeiture of........... 229 60 Right to forfeit................................... 230 60 Livery stable, must have license..................... 219 58 LIMITATIONS. Of suits for violation of ordinance, etc.............. 23 6 LIMITS—(See “Boundaries,” “Fire Limits.”) LIQUOR—(See “Dram Shops.”) License, by whom granted............................. 135 86 Bonds to be given.............................. 137-138 36-37 Fee to be paid....................................... 139 37 Not sold or given to minors.......................... 140 37 Sale during elections..............................• 142 88 Sale at unlicensed place—penalty.................... 143 38 License to be posted................................. 144 38 Sale of by apothecary, druggist, etc................. 146 38 Attempt to evade..................................... 147 39 LIVERY STABLES. Permit required for................................. 418 105 Locating without, a nuisance......................... 278 69 MENAGERIES Must have license................................... 219 58 MAPS. (See “Plats.”) MARKETING PRODUCTS. Farmers, etc., may sell products without license..... 839 233 MATCH FACTORY. Where to be erected................................. 79 21 Application for permission to erect................... 80 21 MAYOR. His qualifications................................... 512 141 Vacancy, one year or over....................... 513 141 Vacancy, less than a year............................ 514 141 Mayor pro tem....................................... 515 141 Vacancy by removal from city................‘...... 516 141 To preside—casting vote........................... 517 141 When he may remove officers.......................... 518 141 His power to keep peace.............................. 519 142 Release of prisoners........................... 520 142INDEX. 435 SEC. PAGE MAYOR—Continued. General duties................................... 521 142 Power to examine records, etc................\ — 522 142 Messages to council............................. 523 142 To call out militia, etc.—riots, etc............... 524 142 Misconduct, etc., of Mayor or other officers—penalty. 525 142 Revising ordinances after change of organization... 526 142 Mayor’s bill—power of Mayor and council—repeal....... 726 199 Approval and veto of ordinances__________________ 727 199 Passage over Mayor's veto......................... 728 199 MEASURES. (See “Weights and Measukes.”)...................... 488 133 MEAT, FRUIT, ETC. Sale of „when tainted etc., prohibited........... 265 65 METROPOLITAN GAS CO. Ordinances in relation to............................ 359 MICHIGAN AVENUE. Ordinance in relation to............................. 874 MICHIGAN CENTRAL RAILROAD. Acts in relation to....................................... 274 MICHIGAN SOUTHERN & LAKE SHORE R. R. CO. Act of incorporation....................................... 275 MILK. Sale of impure, prohibited........................ 264 65 MISCONDUCT. Of Mayor or other officers......................... 525 142 MISDEMEANORS. See Chap. XXVIII........................................... 61 Defined............................................ 277 67 Penalty........................................... 273 66 MITTIMUS. (See “ Commitment.”) MUNICIPAL YEAR. Meaning of........................................... 674 184 MUSIC. Prohibited on Sunday in street, etc................ 239 62 NEW YORK, CHICAGO & ST. LOUIS RY. CO. Ordinance in relation to................................... 308 NUISANCES. Twenty things declared to be..................... 278 67 When rendering establishments are................. 279 69 Refuse matter from rendering establishments........ 280 69 Transportation of animal matter, etc...'........... 281 70 Fertilizers.................................... 282,283 70 Grocery, etc., in a filthy condition.............. 284 71 Keeping swine...................................... 285 71436 INDEX; SEC. PAGE NUISANCES—Continued. Keeping* cattle.................................... 286 71 Slaughtering animals, when nuisance.................. 287 71 Abating..........................■................. 288 71 Penalty......................................... 289 71 Obstructions in street............................... 419 105 (See “Dram Shops,” “Fire Limits and Fires”) OAK WOODS CEMETERY ASSOCIATION. Acts in relation to................................... 292 OATH. Village officers to take and subscribe............... 293 72 (See “Clerk.’7) OBSCENE BOOKS, ETC. Exhibiting, selling, etc., prohibited.............. 251 63 OBSTRUCTION. ' Of navigable river, etc., a nuisance................. 278 68 Of highway, etc., a nuisance......................... 278 68 OFFAL. Throwing, etc., into watercourse, etc., a nuisance... 278 68 OFFENSIVE ANIMAL MATTER. Bringing into village a misdemeanor.................. 273 66 Transporting through village a misdemeanor........... 274 66 Permitting same to accumulate, a nuisance............ 278 , 68 OFFENSIVE BUSINESS. Carrying on, a nuisance.............................. 278 68 OFFICERS. Elective............................................ 290 72 Appointed............................................ 291 72 Clerk to notify within five days.i................. ,87 ' 23 Enumerated.........................................v 292 72 Oath of office....................................... 293 72 Bonds of—approval................................ . 294, 295 73 Qualify within ten days.......................,....87, 296 23-73 Compensation.......................................297, 298 73 Trustees may examine papers, etc................... 299 . 73 Deliver books, etc., to successor.................... 300 73 Board may require extra duties....................... 301 74 Sealer of weights and measures...................... 489 133 Misconduct of—indictment—fine........................ 525 142 Compensation to, of village...................,.... 760 210 Supervisor—county commissioner...................... 840 234 Aldermen of cities—trustees of villages.............. 841 234 Not to be interested in contracts—not to act as attorney to procure—bribery................................. 842 234 Penalty.............................................. 843 234INDEX. 437 SEC. PAGE OFFICERS—Continued. As witnesses.................................... 18 5 Officers of cities.................................. 570 157 Other officers—duties of city marshal. ,............. 571 157 Appointments—vacancies—duties—powers................. 572 158 Oath—bond............................................ 573 158 Commission—certificate—delivery.to successors ........ 574 159 Qualifications of officers............................ 575 159 Hot interested in contracts, etc...................... 576 159 Bribery-penalty.................................... 57? 159 Mayor, etc., not to hold other office................. 578 160 Duties of clerk..................................... 579 160 Record of ordinances................................. 580 160 Conservators, of the peace—powers, of................ 581 160 Compensation of mayor............................... 582 161 Compensation of aldermen and trustees................. 583 161 Compensation of other officers. ...................... 584 161 Administering oaths................................... 585 161 Who may appoint subordinates—......................... 607 167 Compensation when paid by percentage; etc............. 760 210 Eligibility to office—compensation of officers......... 765 211 OIL INSPECTOR. To be appointed....................................... 292 72 To receive fees....................................... 298 73 Appointment—duties................................... 302 74 Fees—deputies......................................... 303 75 To give bond........................................ 304 75 Restricting trading by...............................* 305 75 Account—entry in book................................ 306 75 Notice to..................*......................... 307 75 Compensation—reports................................. 308 76 Storage of oil....................................... 309 76 Penalty.............................................. 310 76 ORDINANCES. Record and publication............................... 86 23 Style of............................................... 311 77 Style of...,......................................... 561 156 Passage of—veto—signed by president.................... 312 77 Reconsideration of................................... 313 77 Yeas and nays taken.................................. 314 77 Engrossing of......................................... 315 77 Definition of words, etc.............................. 316 78 Penalty—when not provided for...................... 317 79 Publication of......................................... 818 79 Proof of...............................:............. 319 79438 INDEX* SEC. PAGE ORDINANCES—Continued. Repealing............................................ 320 79 Rights saved when ordinance repealed.................. 321 80 Enforcing on boats, etc.............................. 698 11 1 Revising after change of organization................. 526 142 Publication of ordinances—when take effect.......... 562 156 Proof of ordinances................................... 563 156 Suits for violating ordinances................... 564 156 Fines and licenses—paid to treasurer...................565 156 Summons—affidavit—punishment........................ 566 156 Jurisdiction of justices, etc........................ 567 157 Constable or sheriff may serve process, etc.......... 568 157 Jurisdiction over water—street labor.................. 569 157 Punishment for violations............................ 748 206 Suits, how brought................................... 751 207 South Park ordinances.........................'........ 379 (See “ Repeal.”) OVERFLOW. Protection from..................................... 753 207 Stagnant water—nuisance—abatement of—................. 753 207 Liability of proprietors of cities liable to overflow for damages—insufficient levees........................... 754 208 Proceedings where land below grade................... 755 208 OWNER UNKNOWN. Of animal impounded—proceedings against..............34-35 8-9 PACKING HOUSE, ETC. Locating without permission, a nuisance--........... 278 69 PARKS. Breaking, etc., trees, etc., prohibited.............. 322 80 Notices not to be posted in........................... 323 80 Grass or turf, going upon............................ 324 80 Penalty............................................... 325 80 Park commissioners declared to be corporate authorities 844 235 Title to lands....................................... 845 235 Park police.......................................... 846 235 Proceedings to open cl rive-way to park............... 847 235 Corporate authorities,may levy park tax.............. 848 236 Commissioners to estimate—authorities.to certify—clerk to extend—collector to collect...................... 849 237 Proceedings for park improvements.................... 850 237 Who are corporate authorities....................... 851 238 Separate estimates where sewer located in two towns.. 852 238 Adjoining property owners may use sewer............... 853 239 Proceedings to collect delinquen ^assessment.......... 855 239 Notice of assessment to purchasers.................... 856 239 Commissioners may negotiate extension of time on contracts.............................................. 857 239INDEX. 439 SEC. PAGE PARKS—Continued. Commissioners to superintend improvements—money paid' to whom................................................ 858 239 Boulevard to connect different parks..................... 859 239, Continuance of towns for park purposes................ 860 239 Drivek to public parks.................................. 881 240 Taxes—special assessments, etc........................... 862 240 Control by park commissioners................1..... 863 240 Reversion to corporate authorities—when............... 864 240 City, etc., may grant control to park commissioners...... 865 240 Emergency clause................. .................. 886 240 Park owners to grant property for park drive-ways, etc. .. 867 240 Powers of park commissioners—parks now under control of cities, etc ....................................... 868 240 Power of park commissioners of parks taken under act... 869 241 When such parks pass from control of park board ........ 870 241 Power of city or village................................ 871 241 Emergency clause................................... 872 241 PARLIAMENTARY LAW. Boatd of trustees governed by......................... 377 95 PASSAGE OF ORDINANCES. (See “ Ordinances.”) PASTURING. Of cattle in street prohibited.... ................* ■ 257 64 PAWNBROKERS. To have license.......................................... 219 58 PAY ROLLS. To be kept by Superintendent of Public Works............. 357 90 PEDDLERS. To have license....................................... 219 58 May be prohibited........................................supp. 399 PENALTIES. Where no penalty is provided............................. 317 79 General penalty.......................................... 24 6 Permitting animals to run at large....................... 26 7 Resisting, etc/, policemen, etc.................— 350 87 Violating fire limits ordinance.......................... 185 49 Permitting nuisance...................................... 287 71 Violating building ordinance............................. 73 20 Violating coal ordinance................................ 92 24 Carrying concealed weapons............................... 109 29 Owners of dogs impounded................................. 124 33 Violating ordinance concerning dogs...................... 129 34 Violating dram shop ordinance............................ 149 39 Violating ordinance concerning factories and mills........ 81 21 Violating ordinance concerning fees...................... 154 42440 INDEX. SEC. PAGE. PENALTIES—Continued. Erecting fences contrary to ordinance..................... 156 42 Burial without permit...............................4. 205 54 Violating ordinance concerning Health Department.... 213 56 Violating ordinance concerning ice........................ 216 57 Violating ordinance concerning dram shops................. 149 39 Committing misdemeanors.............................. 273 66 Using oil before inspection.....• • • • ............ 610 76 Violating ordinance concerning petroleum, explosives, etc. 329 82 Violating ordinance concerning railroads.................. 372 94 Violating ordinance concerning street numbers.... 406 102 Vagrancy, begging, etc.................................. 270 66 Violating ordinance concerning water takers...... 449 114 Violating ordinance concerning water takers or plumbers. 454 123 Violating ordinance concerning water ways, sewers and drains................................................ 487 132 PENSIONS. (See “Police Pension Fund,” “Firemen’s Pension Fund.”) PERMITS. To take water for private use............................. 444 113 To dig in streets........................................ 446 114 To change pipe, etc....................................... 447 114 Revocable................................................. 451 122 PERSON. Exposure of, prohibited............................. 215 63 PETROLEUM. When unlawful to keep.........»..................... 326 81 Penalty................................................... 329 82 PHYSICIANS. To report infectious diseases....................... 195 52 PITTSBURG, FT. WAYNE & CHICAGO R. R. Act of incorporation................................ 279 PLANING MILLS. Where to be erected........................................ 79 21 Applications for permission to erect....................... 80 21 PLANTING SPACES. On streets, etc........................................... 390 98 PLATS. How approved.............................................. 330 82 Duplicate to be made...................................... 331 82 Recording fees............................................ 332 83 Approval by Board of Trusiees........................... 671 183 Laying out towns, etc..................................... 873 241 Certificate of surveyor—acknowledgment—record............. 874 241 Dedication—effect of...................................... 875 241INDEX. 441 SEC. PAGE PLATS—Continued. Neglect to plant corner stone, etc..................... 876 242 Penalty for selling without plat recorded, etc......... 877 242 Vacation of the whol,e plat............................. 878 242 Vacation of part of plat................................ 879 242 Canceling plat of record............................... 880 242 Plats of highway, etc.,to be made and recorded.......... 881 242 PLUMBERS. Must be licensed....................................... 219 58 Must furnish bonds..................................... 222 59 Must furnish evidence of skill.......................... 222 59 POLICE DEPARTMENT. Power to arrest........................................ 10 8 To aid village physician............................. 212 56 Regulations............................................ 285 84 Who constitute......................................... 838 83 Powers of president.................................... 334 84 Captain* duties of................................... 835 84 Sergeants—appointment.................................. 336 84 Duties of sergeants..................................... 837 84 Report of defective sidewalks, etc..................... 838 81 Report of accidents.................................... 839 85 Comptroller to furnish blanks for....................... 310 85 Oath to be taken....................................... 341 85 Appointment of.........x............................... 342 85 Committee to visit prison............................... 343 86 Duties of.............................................. 344 86 Specials to report arrests.............................. 845 86 Aiding policemen....................................... 346 86 Resisting policemen.................................... 847 87 May destroy gambling devices............................ 348 87 Entering gambling houses, etc........................... 349 87 Break open doors when................................... 849 87 Penalty................................................ 850 87 To report arrests to comptroller and collect penalties. 351 87 Representing policeman.................................. 352 88 To arrest minors, etc., on railroad track............... 364 92 (See “Police Districts.'*1) POLICE-DISTRICTS. ! What shall be a police district........................ supp. 413 Police may go into any part of such district to suppress riot, etc.—duty of Mayor............................... “ 413 Emergency................................................ “ 413 POLICE MAGISTRATES Suits for violation of ordinances before................. 1 1 Election and term of office—jurisdiction................ 702 192442 INDEX. BEC. PAGE POLICE MAGISTRATES—Continued. Justices and constables....................,......... 764 211 Jurisdiction of........................................ 567 157 Elected............................................... 290 72 To receive fees.................................... 298 73 Fees of................................................ 853 88 Payment to village treasurer........................... 354 88 Elected at annual election in village, etc........... 690 187 Election and jurisdiction.............................. 764 211 POLICE PENSION FUND. How fund created...................................... supp. 408 Board of Police Pension Fund Commissioners........... 404 Who shall be pensioned—service for 20 yea’\s, etc.... 404 Physical disability—retiring from active service..... 404 Certificate of disability................................. 405 Death in performance of duty—pension to widow—death in service................................................. 405 Reporting to chief for examination—service in cases of emergency............................................. 405 Pension lost by crime, misdemeanor, etc.............. 406 Meetings of Board—officers—certificate—record—list of pensioners—quorum ......................................... 406 Powers of Board.............................................. 406 Report to Board by Treasurer.....................— . 407 Beneficiaries under prior act—when not sufficient money.. 407 POLICE AND FIREMEN’S RELIEF FUND. How created.......................................... 704 192 Mayor, etc.—Trustees of fund........................... 705 193 Board to control fund................................. 706 193 Treasurer to give bond for fund........................ 707 194 Warrants drawn on Treasurer........................... 708 194 Permanent disability—death—annuity..................... 709 194 Who may obtain benefits............................. 710 195 How money paid out..................................... 711 195 POPULATION. Census of............................................. 673 184 POWERS. (See “City Council,” “Board op Trustees/’ “Mayor.”) POUND KEEPERS. Appointed...........:..........I.....................29, 292 7, 72 Duties of............................................80, 31 8 Notice of sale......................................... 37 9 Report of............................................ 45 11 Police powers......................................... 47 11 POUNDS Establishment of......................-.............. 28 7 Breaking open......................................... 259 64INDEX. 443 SEC. PAGE PRESIDENT OP BOARD OF TRUSTEES. Election of......................................... 290 72 When may veto...................................... 312 77 Approval or veto in writing.......................... 315 78 Power over police................................... 334 84 ■May appoint police when............................ 342 85 ¡May calL special meeting of Board.................. 374 94 May cause nuisances to be abated................... 288 71 Decide questions of order............................ 377 95 Ordinances—approval of.............................. 312 77 Sign licenses...................................... 220 518 Powers and duties of................................. 684 186 |3ign warrants....................................... 429 110 jElection of President-—powers of.................. stjpp 397 Repeals............................................... “ 397 (See “Board of Trustees.”) PRISONS. Custody of.........................................11, 12 3 PROOF. Of ordinances........................................ 319 79 (See “ Evidence.”) PROSECUTIONS. For violating ordinances........................... 1 1 PUBLICATION. (See '* Ordinances.”) PUBLIC WORKS. Duties of superintendent.........................; .355—356 89 Time and pay rolls................................... 357 90 PULLMAN PALACE CAR COMPANY. Ordinance in relation to........................... 316 PUNISHMENT OF PERSONS VIOLATING ORDINANCES. Imprisonment—may be required to work.................. 21 5 Arrest—imprisonment—workhouse...................... 748 206 RAILROADS. Car, yard, etc., in offensive condition, a nuisance.. 278 68 Board to direct grades.............................. 358 90 Flagman to be maintained....—........................ 359 91 Gates where Board direct............................. 360 91 Not to obstruct street.............................. 361 91 Lights, head and rear................................ 362 92 Whistling prohibited................................. 363 92 Minors on track—getting, on or off cars in motion.... 364 92 Speed north of 43d street........................... 365 92 When engine to precede............................... 366 92 Elevation of tracks..................J................ 367 93 Improvement of streets............................... 368 93444 INDEX. SEC. PAGE RAILROADS— Continued. Snow, when removed, not to be left on street, etc.... 369 93 Stopping at street crossings........................ 370 93 Teams to give way................................... 371 93 Penalty............................................. 372 94 Restrictions.............'......................... 373 94 Laying out, constructing and using roads—fix rates—borrow money............................................... 887 244 Boards at crossings.................................. 888 245 Killing stock—frightening teams...................... 890 246 Starting train without signal........................ 891 246 Approaches at crossings.............................. 892 246 Neglect to make, etc. crossing—notice............... 893 246 When company neglects, authorities to construct...... 894 246 Company to pay expenses and $100.................... 895 246 Use of streets not to be granted to, except upon petition* etc................................................ supp. 398 Not to obstruct highway............................. 896 247 Stoning, etc. trains................................. 896 247 Penalty...........................................\. 898 247 Minors to keep off cars.............................. 898 247 Speed through cities, etc.—damages................... 899 247 Flagman—shelter...................................... 900 248 (See “ Horse and Dummy Railroads.”) RATES. Water takers......................................... 453 123 REBATE AND REDUCTION OF TAXES, ETC.-(See “ Taxes.”) RECOVERY. Prior, when no bar to prosecution..................... 5 2 REFUSE MATTER. Throwing, etc., into street, alley or lot........... 198 53 Throwing, etc., into Lake Michigan, etc.............. 199 53 From rendering establishment, etc................... 280 69 RENDERING ES f ABLISHMENTS. How to be kept....................................... 279 69 Establishing without permission, a nuisance.......... 278 69 REPEAL. Of ordinances conflicting with Municipal Code........ 497 135 Of ordinance repealing prior ordinance—construction... 320 79 (See “Rights Saved.”) RESOLUTIONS. Subject to veto when................................. 315 78 REVENUE. Review of assessment—time—proceedings........-_____ 901 248 Notice of meeting.................................... 902 249INDEX. 445 SEC. PACE REVENUE—Continued. Failure not to vitiate, except, etc............... 903 249 Certificate of rates.............................. 904 249 City, etc., may buy in at sale...................... 905 249 (See “ Taxes.’0 RIGHTS SAVED. Under repealed ordinance......................... 821 80 RUBBISH. Placing on improved street, etc.................... 275 67 Constitutes a nuisance.......................... 278 69 RULES AND ORDER OE BUSINESS. Of Board of Trustees..........................---- 376 95 RULES. * . . For water takers................................... 450 115 SALARIES. Of officers..................................... 297,298 73 SALOONS. Defined........................................... 131 35 When to be closed.............................. 145 38 Territory restricted............................. 150 39 (See ‘4 Dram Shops. 1 ’) SCAVENGERS. To be licensed.................................... 207 55 SCHOOL. Disturbing prohibited............................... 241 62 SCAFFOLDS. To be safely supported, etc................... 262 65 SEAL. . . . , Of village, form of................................ 387 97 Custody and use.................................... 388 97 SEALER OF WEIGHTS AND MEASURES. (See ‘‘Weights and Measures.”) SENATORIAL AND REPRESENTATIVE APPORTIONMENT.................................................. 793 220 SERGEANTS OF POLICE. Power to arrest..................................... 10 3 Officers of the village........................... 292 72 Appointment of................................ 836 84 Duties of......................................... 337 84 SEWERS AND DRAINS. Licensing sewer builders............................ 222 59 Uncovering.......................................... 455 123 Connections or openings in........................ 456 124 House drains........................................ 457 124 Obstructions to................................. 458,459 124 Malicious injury to...... ... .................... 460 124m INDEX. SEC. PAGE SEWERS AND DRAINS—Con tin ued. Opening or tapping drain............................... 461 124 Permits to sewer builders.............................. 462 124- Application for sewer connections...................... 463 124 Notice required..............................*■...... 464 125 Permit necessary..........................1.......... 465 125 Application for license to sewer builders, etc......... 466 125 Not to allow use of name by other person, etc.......... 467 126 Houses to connect with main sewer...................... 468 126 Private receiving basins—............................ 469 126 Privy vaults—how connected............................. 470 126 Junction pieces.................................... 471 126 Deviations from grade................................. 472 127 Private sewers- and drains............................. 473 127 Records open to inspection............................. 474 127 Suspension of license.................................. 475 127 Construction of house drains.......................... 476 128 Pipes to be protected.................................. 477 128 Passing through drains................................. 478 128 Standard gradient..................................... ,479 128 Ends and connections................................... 480 129 Pipes, how laid....................................... 481 130 Backfilling........................................... 482 130 Opening to be protected............................... 483 130 Mortar, how made...................................... 484 130 Sewer pipes, quality, etc.............................. 485 131 Sizes of......................................... 486 132 Penalty............................................... 487 132 SEWER-BUILDERS.—(See “Sewers and Drains.“) SEWERAGE. Levy and collection of taxes for....................... 733 200 Village may contract for sewerage, etc................ 734 201 How contract made................................... 785 201 SHOWS. License for, required.................................. 219 58 Indecent, prohibited................................... 247 63 SIDEWALKS. How constructed................................... 193-389 52-97 Suffering to be broken................................ 261 64 Planting spaces........................................ 390 98 Stone screenings...................................... 391 98 Ordinance for—......................................... 392 98 Driving on, prohibited................................ 413 104 By taxation............................................ 740 202 What ordinance may provide............................ 741 203INDEX. 447 SEC. PAGE SIDEWALKS—Continued. In case owner neglects to construct....................... 742 203 Special tax—duty of clerk—report.......................... 743 204 General officer to obtain judgment—by what, laws governed. 744 204 When constructed by owner, may obtain order............... 745 205 (See “ Special Assessments for Local Improvements.”) SIGN BOARDS. Where to be located.................................... 410 103 When a nuisance.......................................... 278 69 SIGNING LICENSE. By president, countersigned by clerk, etc................ 220 58 SINKING FUND. Annual tax to provide...................................... 56 14 Money of fund, how invested................................ 58 14 SMELL, OFFENSIVE. From negligently conducted business, a nuisance........... 278 67 SOAP FACTORY. Establishing without permission, a nuisance............... 278 69 Permitting flowage into lake, etc......................... 280 69 SOUTH CHICAGO RAILROAD CO. Ordinances in relation to......................... 323-328 SOUTH CHICAGO & SOUTHERN R. R. CO. Ordinances in rel ation to........................... 327-328 SOUTH CHICAGO HORSE RY. CO. Ordinance in relation to.......................... 351 SOUTH PARK. Act for location and maintenance................. 365 South Park ordinances............................. 379 SPECIAL ASSESSMENTS. Contracts under................................... 119 31 Supt, of, to approve plats............................... 330 82 Supt. of, to require duplicate of maps----------------- 331 82 Supt. of, to require recording fees...................... 332 85 Department of............................................ 393 99 Superintendent of same.................................... 394 99 Appointment of superintendent...................... 395 99 Duties of superintendent.................................. 396 99 Surplus after improvement completed....................... 397 99 Action of trustees and comptroller........................ 398 100 Rebate docket, certificate of............................. 399 100 Certificate of, how paid.................................. 400 100 SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMEN.i S. Powers conferred......................................... 614 169 Ordinance for improvement................................. 615 169 When property is taken, etc............................... 616 169 Petitions................................................. 617 169 Form of petition........................................ 618 170INDEX. 448- sec. PAGE SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS— Continued, Summons—publication—notice.............................. 619 170 H earing—j ary...................................... 620 170 Jury to ascertain compensation—admitting other parties.. 621 170 Viewing premises—ownership, etc........................ 622 171 Judgment—new parties—further proceedings................ 623 171 Powers of court.................................... 624 171 Ownership—further powers of court..... .^........... 625 171 Persons upder disability.............................. 626 172 Judgment—effect—appeal, etc............................. 627 172 Order for possession.................................... 628 172 When improvement made by general tax .................. 629 172 Special taxation.................................... 630 173 Special assessment—how made............................ 631 178 Ordinance for—sidewalks—owner’s rights.................. 632 173 Estimate of cost........................................ 633 173 Order for proceedings in court......................... 634 173 Petition to court.................................... 635 173 Appointment of commissioners—oath...................... 636 174 Duties of commissioners................................. 187 174 Assessment roll—return............................... 688 174 Notice by mail—posting and publication.................. 689 174 Proof of notice......................................... 640 175 Continuance when notice notin time....... .............. 641 176 Objections—judgment by default.......................... 642 176 Hearing—jury.......................................... 643 176 Precedence.............................................. 644 176 Court may modify, etc., the assessment.................. 645 176 Judgment several—appeal, etc.—lien.................... 646 176 Judgments certified to city clerk—filing warrant........ 647 177 Form of warrant......................................... 648 177 Collector’s notice—form of............................. 649 177 Manner of collecting—entry of payment............ — 650 177 Report of delinquent list to county collector—evidence— defense............................................... 651 178 Application for. judgment—what laws govern.............. 652 178 Return of sale—redemption............................... 653 179 Penalty when lands are sold for tax, etc................ 654 179 Paying over—compensation.............;.............. 655 179 General revenue laws apply.............................. 656 179 City or village may buy in............................ 657 180 When assessment set aside—new assessment................ 658 180 Supplemental assessments............................. 659 180 New assessment against delinquents—lien—limitation__ 660 180 Contracts, payable from assessments..................... 661 181 How contracts let—approval............................ 662 181INDEX. 449 SEC. PAGE SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS— Continued. Lien............................................... 663 181 Collection by suit................................. 664 181 Supplemental petition to assess benefits in condemnation cases............................................ 665 182 Adoption ot the foregoing provisions............... 666 182 Ordinance for—sidewalks—owner's rights............. supp. 399 May be divided into installments................... “ 400 May be paid before maturity—interest............... “ 401 When by installment—ordinance...................... li 401 Assessment roll—what to contain.................... u 401 Notice—what to contain............................. “ 401 Order of confirmation.............................. u 401 Confirmation to apply to all installments.......... u 401 Warrant for collection—what to contain............... u 401 Proceedings for judgment............................. “ 401 Payment for improvement done—voucher............... “ 401 Acceptance of voucher—effect....................... lt 402 Surplus remaining—notice............................. u 402 When city, etc., may advance to pay damages........ 11 402 When collected by installment...................... u 403 (See u Sidewalks.”) SPECIAL BAIL. How given.......................................... 13 3 Personal property in place of...................... 14 4 SPECIAL POLICEMAN. Appointment of..................................... 342 85 Oath to be taken................................... 341 85 To report arrests.................................... 345 86 SPORT. To scare horses, prohibited........................... 260 64 STABLES—(See “ Livery Stables.”) STAGNANT WATER. Abatement of....................................*__ 753 207 Liability of proprietors of city subject to overflow for damages—insufficient levees........................... 754 208 Proceedings when land below grade. .................. 755 208 STATEMENT. In writing by person prosecuting, to be filed...... 2 1 Whom to include—amendment of....................... 3 1 STOVE PIPES. Holes for, how protected............................. 175 48 Not less than four inches from wood, etc.......... 176 48 To be conducted into brick chimney................. 177 48 29450 INDEX. SEC. PAGE STREETS. Use of, for erecting building, etc.—red light........ 77 21 Throwing rubbish on.................................. 275 67 Decimal system of numbering.......................... 401 101 Street names, map of village......................... 402 101 Street numbers, how assigned......................... 403 101 Issue of certificate of number....................... 404 102 Size and place of numbers............................ 405 102 Penalty.............................................. 406 102 Labor on............................................. 738 202 Pines and penalties to enforce....................... 739 202 Posting advertisements in............................ 408 103 Leaving animals unfastened in........................ 409 103 Fastening animals in................................. 409 103 Signboards............................................. 410 103 Awnings,............................................. 411 103 Immoderate driving................................... 412 104 Not drive oh sidewalk................................ 413 104 Obstructing street.................................... 414 104 Obstructions, how removed....,....................... 415 105 Moving buildings....................................416,417 105 Building or fence in street, etc...................... 419 106 Dug up, how replaced................................... 420 106 Not to dig up without permission..............v...... 421 107 Not to open street, etc. without permit................ 422 107 To place barriers and lights, where.................... 423 107 Porch steps, etc .................................— 424 107 Turning to the right................................... 425 108 Minimum width of road bed.............................. 426 108 (See u Bridges.”) STREETS, ALLEYS AND HIGHWAYS. Vacation of—three fourths vote required—damages......8S2 243 Rights of adjoining owners.........................;. 883 243 Throwing offal, etc., on same, a nuisance.............. 278 68 Obstructing or encroaching on, a nuisance.............. 278 68 STREET LAMPS. P. 0. fasten letter boxes.............................. 217 57 Fastening animal to.................................... 409 103 Injury to.............................................. 218 57 SUITS. For fines, penalties, etc................................ 4 2 Attorney to keep docket of............................. 52 12 Jurisdiction—fines, etc................................ 689 187 How brought............................................ 751 207 SUMMONS. When first process...................................... 4 2INDEX. 451 SEC. PAGE SUMMONS—Continued. Form of............................................ 6 2 Who to serve....................................... 6 2 Constable or sheriff may serve.................... 568 157 SUNDAY, Firing guns on.................................... 238 62 Music on.......................................... 239 62 Arrests on..................................... 344 86 SUPERINTENDENT OF SPECIAL ASSESSMENTS. Appointment of................................. 292 72 (See “ Special Assessments.”) SUPERINTENDENT OF WATER WORKS. Appointment of................................. 292 72 Charge of water works division, etc............. 442 113 SUPERINTENDENT OF WATER PIPES. Appointment of................................. 292 72 Charge of water pipes division, etc. under direction of Supt. of Public Works.......................... 443 113 SUPERINTENDENT OF PUBLIC WORKS. Appointment of............................... 292 72 Duties of.................................... 355, 356 89 Charg-e of water pipes division................... 443 113 To procure standards of weights and measures.... 489 133 SWINE. Not to run at large........................... 258 64 When a nuisance................................. 285 71 TAINTED MEAT, ETC. Sale of, prohibited.......................... 265 65 TALLOW CHANDLERY AND TANNERY. Establishing without permission, a nuisance....... 278 69 How to be kept............................... 280 69 TAXES. Assessment and collection of taxes—ordinance levying tax —limitation.................................. 609 168 Manner of collection............................ 610 168 Time of paying over............................... 611 168 When tax levied for particular purpose...,....... 612 169 Uniformity...................................... 613 169 Refunding illegal taxes.......................... 761 210 Rebate and reduction of—rebate when property destroyed. 730 199 Reduce or release tax or assessment............. 731 200 Emergency clause.................................. 732 200 Sewerage, water and light taxes.................. 733 200 Municipal—how may be assessed and collected....... 736 201 Surplus fund of tax............................... 737 202 Review of assessment—time—proceedings............ 901 248 Notice of meeting............................. 902 249452 INDEX. 8EC. PAGE TAXES—Continued. Failure not to vitiate, except, etc................. 903 249 Certificate of rates................................ 904 249 City, etc., may buy in at sale...................... 905 249 (See “ Revenue. TAX PAYER. May enforce rights in name of city................. 670 183 TELEGRAPH COMPANIES. Consent necessary to erect poles, etc., on roads, streets, etc. —record—alteration................................ 909 250 TENEMENT AND LODGING HOUSES. Regulation and inspection........................ 752 207 TERRITORY. Annexing or excluding............................... 697 190 THEATRES. Must have license................................... 219 58 (See “Buildings.”) TIME AND PAY ROLLS. To* be kept by superintendent of public works....... 357 90 TRANSPORTATION OF ANIMAL MATTER, ETC. How to be transported............................... 281 70 When decomposed, a nuisance....................... 278 69 TREASURER. * Appointment of.................................... 292 72 To receive all moneys—keep complete accounts........ 427 108 Money paid from particular fund................... 428 110 Form of warrants.................................. 429 110 Monthly reports.................................. 430 110 Annual report....................................... 431 110 Not to be re-appointed.............................. 432 111 Attendance at village hall.......................... 433 111 Weekly statements................................... 434 111 (See “ Officers.”) TREES. Fastening animal to in highway, etc................. 409 103 Where planted....................................... 435 111 Not to be cut....................................... 436 111 Not to be transplanted.............................. 437 111 Shall be trimmed—not to obstruct street lamps....... 438 112 TRESPASS. In garden, yard, etc.—penalty.................. 272 66 TRIAL. Before magistrate, etc............................ 9-11 3 Manner of............................................ 16 4 TRUSTEES. To be elected....................................... 290 72 Appoint officers................................ 291 72IKDEX. 4:53 SEC. PAGE TRUSTEES—Conti nned. Suspend or remove officers......................... 291 72 To take and subscribe oath.......................... 293 72 Determine the amount of official bonds............ 294 73 Approve surety on official bonds.................... 295 73 Compensation........................................ 297 73 Examiné papers, etc................................ 299 73 •Not to be interested in contracts—not to act as attorney to procure—bribery.............................. 842 234 (See “Board op Trustees,” “ Officers.”) UNION STOCK YARDS AND TRANSIT CO. Act of incorporation............................... 285 VACATION OF PLATS. Of the whole plat............................. 878 242 Of part of plat.........7.......................... 879 242 i Canceling plat of record............................ 880 242 Plats of highways, etc., to be made and recorded---- 881 242 VACATION OF STREETS, ALLEYS AND HIGHWAYS. Three fourths vote required—damages............... 882 243 Rights of adjoining owners.......................... 883 242 VACCINATION. May be required by Board of Trustees................ 197 52 VAGRANTS, BEGGARS, ETC. May be imprisoned or fined.......................... 270 65 ■’ May be required to work............................ 271 66 VEHICLES. For hire to be licensed............................. 223 59 Owner to give bond.................................. 224 59 Drivers, lighted lamps.............................. 225 CO v No driver except licensed........................... 226 60 VENUE. Manner of taking change of......................... 16 4 VERDICT. Recording and rendering judgment on................ 19 5 VETO. When president may.................................. 312 77 (See “ President of Board of Trustees.”) VILLAGE ACCOUNT BOOK. To be kept by treasurer............................. 427 108 VILLAGE CLERK. Election of......................................... 290 72 Keeper of seal...................................... 388 97 Office at village hall, duties...................... 85 22 Engross ordinance before passed..................... 315 78 (Sep “ Clerk.”}454 INDEX. SEC. PAGE VILLAGE COLLECTOR. Appointment of............................................ 292 72 (See “ Collector.”) VILLAGE SPECIAL ASSESSMENT BOOK. To be kept by treasurer................................. 427 108 VILLAGE OFFICERS. To file receipts of treasurer with comptroller........... 103 27 Liable for fees received, etc.......................... 154 42 VILLAGE PHYSICIAN. Appointment............................................. 201 53 Power of.................................................. 210 56 (See “Health Department.”) VILLAGE TREASURER’S ENTRY BOOK. To be kept by treasurer................................... 427 109 VILLAGE WARRANT REGISTER. To be kept by treasurer................................. 427 110 VILLAGE WEIGHER. Certificate of weight of coal............................. 91 24 VILLAGES. Organization of—by incorporated towns..................... 676 184 Ballot................................................... 677 185 Returns—canvass—record................................... 678 185 Result—old officers continue until, etc.................. 679 185 New organization—how effected............................. 680 185 Petition—election—returns................................ 681 185 Result—election of officers, etc.......................... 682 186 Powers and duties of president and trustees.......683, 684 186 Style of ordinances...................................... 685 187 Appointment of officers—prescribe duties and fees......... 686 187 Powers of constable—...................................... 687 187 Annual elections.......................................... 688 187 Suits, jurisdiction—fines, etc............................ 689 187 Police Magistrates...................................... 690 187 No incorporation allowed under former laws................ 691 188 Changing from city to village............................. 692 188 Authorized to convey real estate.......................... 762 210 Subject to overflow, divided into improvement districts... 756 209 VOLUNTEER FIRE AND HOSE COMPANIES. (See “Fire Captains.”) WAGONS, TRUCKS, ETC. For traffic, to be licensed............................. 439 112 WATER DEPARTMENT. Establishment of—water commissioner....................... 440 112 Water rates division.................................... 441 113 Water works division.................................... 442 113 Water pipes division.................................... 443 113INDEX. 455 SEC. WARRANT. For arrest........................................... 7 Form of.............................................. 8 On village treasurer................................. 429 Signed by president, countersigned by clerk......... 429 Warrant register..................................... 427 WATER. Corrupting spring, lake, etc., a nuisance. —......... 278 WATER AND WATER WORKS Power to supply—borrowing money...................... 667 Acquiring prop rty for water works—jurisdiction over_ 668 Regulations—rates, taxation, etc..................... 669 Power to supply water—letting contract............... 718 To contract for supply of water............—......... 725 Borrowed money—tax.................................. 714 May acquire property for works, etc.................. 715 Rules—tax—assessment—lien............................ 716 Special assessment................................... 717 Separate fund........................................ 718 WATER SUPPLY. By city or village—borrow money............„......... 667 Acquiring property for water works—jurisdiction over- 668 - Regulations—rates—taxation, etc....................... 669 (See'‘Water Takers.1’) WATER SUPPLY PIPES. Bonds—assessments payable in installments............ 721 When installments payable—interest................... 722 Applies to assessments already ordered............... 723 Emergency clause..................................... 724 WATER TAKERS. Permit to use water.................................. 444 Not to interfere with hydrants, etc.................. 445 Permit to dig in streets............................. 446 Permit to change pipe, etc........................ 447 Excavations when ground frozen.................... 448 Penalty $3 to $100.................................. 449 Rules for water takers............................. 450 Permits revocable................................... 451 Conditions of permit............................... 452 Water rates.......................................... 453 Penalty, general................................... 454 WATER WAYS, SEWERS AND DRAINS. Sewers and drains—uncovering, etc.................. 455 Connections or openings____: ........................ 456 House drains, etc.................................... 457 Obstructions, etc............................. 458-459 PAGE 2 2 110 110 110 68 182 183 183 195 198 196 196 196 197 197 182 183 183 197 198 198 19S 113 114 114 114 114 114 115 122 122 123 123 123 124 124 124456 INDEX. SEC. PACE WATER WAYS, ETC .—Continued. Malicious injury......................................... 460 124 Opening or tapping drains................................ 461 124 Permits to sewer builders................................ 462 124 Application for sewer connections........................ 463 124 «Notice required........................f............... 464 125 Permit necessary......................................... 465 125 Licensed sewer builders, etc......................... 466-467 125-126 Houses to connect with main sewer........................ 468 126 Private receiving basins................................. 464 120 Privy vaults—how connected............................... 470 -12(-■ Junction pieces........................................ 471 120 Deviation from grade..................................... 472 127 Private sewers and drains................................ 473 T27 Records open to inspection............................... 474 127 Suspension of license.................................... 475 L.7 Construction of house drains............................. 476 128 Pipes to be protected............................'...... 477 128 Passing through drains................................... 478 128 Standard gradient........................................ 479 128 Ends and connections..................................... 480 129 Pipes, how laid.......................................... 481 130 Back filling............................................. 482 130. Openings to be protected................................. 483 130 Mortar, how laid....................................... 484 130 Sewer pipes, quality, etc................................ 485 131 Sizes................................................ 485 132 Penalty.:................................................ 487 132 WATER WORKS BONDS. Issue of........................................... 63 1-3 Sale of same and proceeds................................. 64 17 Appropriation for interest and sinking fund............... 65 IV May. be registered...,.................................... 66 17 Sinking fund invested..................................... 67 17 Cancellation of purchased bonds........................... 68 17 Credit of village pledged............................... 69 18 WEAPONS—(See “Concealed Weapons.”) WEIGHTS AND MEASURES. State standard adopted................................. 488 133 Supt. of Public Works to procure standards............... 489 133 Sealer to inspect each year.".".......................... 490 133 Unsealed scale, etc., not to be used..................... 491 133 Sealed scales, etc. y not to be altered.................. 492 134index. 457 SEC. PAGE WEIGHTS AND MEASURES—Continued. Sale of cord of wood.............................. 493 134 Fees of sealer..................................... 494 134 Office of sealer................................... 495 134 Peddlers and hawkers............................... 496 135 WESTERN ELECTRIC COMPANY. Ordinance in relation to................................ 363 WESTERN UNION TELEGRAPH COMPANY. Ordinance in relation to................................ 365 WITNESSES. Officers as...................................... 18 5 No fee for to be charged village................... 18 5 WORSHIP OF GOD. Disturbance of, prohibited......................... 240 62This book is a preservation facsimile produced for the University of Illinois, Urbana-Champaign. It is made in compliance with copyright law and produced on acid-lfee archival 60# book weight paper which meets the requirements of ANSI/NISO Z39.48-1992 (permanence of paper). Preservation facsimile printing and binding by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2012