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subject to the rights of lot owners, or others, owning any interest in such cemetery; and all persons found guilty of a violation of such rules shall be punished by a fine of not less than five dollars nor more than one hundred dollars for each offense. No justice of the peace shall be disqnalified from hearing any cause that may be brought before him under the provisions of this act, nor shall any person be disqualified from acting as a juror in such cause, by reason of any interest or ownership they, or either of them, may have in the lots of such cemetery. § 3.
The directors of any cemetery society or cemetery association may appoint policemen to protect such cemetery and preserve order therein, and such policemen shall have the same power in respect to any offenses committed in such cemetery, or any violation of this act, that city marshals or policemen in cities have in respect to maintaining order in such cities or arresting for offenses committed therein.
§ 4. The board of directors of such cemetery society or cemetery association may set apart such portion as they see fit of the moneys received from the sale of lots in such cemetery, which sums shall be kept separate from all other assets of the association or society as an especial trust fund, and they shall keep the same invested in safe interest or income paying securities for the purpose of keeping said cemetery, and the lots therein, permanently in good order and repair, and the interest or income derived from such trust fund shall be applied only to that purpose, and shall not be diverted from such use. Such trust fund shall be exempt from taxation when held by any cemetery society or cemetery association organized not for pecuniary profit. Every such society or association may also take and hold, in trust, money or other property, for the purpose of expending the income arising therefrom, or the proceeds thereof, in embellishing and keeping in repair such lot or lots and the surroundings thereto in its cemetery as the donor may designate.
APPROVED June 29, 1885.
CITIES, TOWNS AND VILLAGES.
COMPENSATION OF OFFICERS IN TOWNS OR VILLAGES. § 1. Fixes the compensation of officers, agents, or employés allowed a commission for
An Act to limit the compensation of officers, agents or employes of incor
poratell towns or villages. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That, whenever any officer, agent or employé 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 bim, it shall be unlawful for said officer, agent or employé 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 ($5,000) per annum.
APPROVED June 27, 1885.
CONVEYING REAL ESTATE TO SCHOOL OFFICERS.
§ 1. School property held by cities or vil
lages shall be conveyed to schools. § 2. Re-conveyance for non-user.
§ 3. Report of trustees under tbis act.
An Act to authorize cities and villages to convey real estate held by them
for school or academy purposes to the proper school officers. SECTION 1. Be it enacted by the People of the State of Minois, represented in the General Assembly: That any city or village incorporated under any general or special law of this State, which shall hold any real or personal estate which shall have been conveyed to such city or village, by virtue of any general or special law of this State, or otherwise, for school or academy purposes, is hereby authorized and empowered, by ordinance or resolution of the city council of any such city, and of the president and board of trustees of any such village, to cause such real or personal estate to be conveyed and transferred to the proper school officers authorized to hold the same, for the use of the district in which such real or personal estate shall be situated, by proper deed or deeds of conveyance executed by the proper officers of such city or village, under the common seal thereof.
§ 2. That if any real estate, conveyed by virtue of this act, shall, at any time, cease to be used for school purposes for a period of three years, then it shall be the duty of the school officers, holding the title to such real estate, to convey the same back to said city or village, to be by it thereafterwards held, enjoyed and disposed of as other corporate property, which condition shall be inserted in any deed made by any such city or village by virtue of this act. Said reconveyance, in case of the non-use of such real estate for the period aforesaid, may be compelled and enforced by any tax payer of said city or village, by proper proceedings, to be instituted by him for that purpose.
§ 3. That in all cases where any such real or personal estate shall have been under the control of any trustees, appointed or elected by virtue of any general or special law of this State, that whenever such estate shall be conveyed, as aforesaid, that the duties of such trustees, in relation thereto, shall cease and determine, and it shall be their duty to immediately settle and adjust all matters relating to such trust or estate and make report to the proper authority of their acts and doings, upon the approval of which said trustees will be released and discharged from the further performance of duty in that behalf. All moneys which may remain in the treasury of such city or village, to the credit of an
fund connected with the use of such real or personal estate, while so held by such city or village, shall be used by such city or village for any lawful corporate purpose.
§ 4. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.
APPROVED June 27, 1885.
$1 Corporate authorities vested with power
to construct drains, ditches, levees,
etc., and to erect pumping works. § 2. Authorizes special assessments upon
§ 3. Proceedings under this act confined to
art. 9, for the incorporation of cities and villages.
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. SECTION 1. Be it enacted by the People of the State of Illinois, rep resented in the General Assembly: That the corporate authorities of cities and viliages 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.
§ 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.
§ 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.
APPROVED June 22, 1885.
CITIES, TOWNS AND VILLAGES.
INCORPORATION UNDER GENERAL LAW.
$ 2. Emergency.
§ 1. Provides remedy for failure to record
or return result of election or in or-
An Act to legalize certain elections held under "An act to provide for
the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That whenever any city, town or village, since the amendment of section 1, article 1, of chapter 24 of the Revised Statutes, approved February 26, 1881, bas held an election to incorporate as a village or city under the general law, and such election has been held on some other day than the days in said section 1, of said statute, provided, or if the returns of any election heretofore held to incorporate any city or village under the general law, have not been entered upon the records of such city or village or the county court, showing the canvass of votes and the result of such election, and a certified copy of such records tiled and recorded in the office of recorder of deeds, in the county in which such city or village is situated, and filed in the office of the Secretary of State, such elections so held by any such vi lage, city or town, if in other respects in compliance with the law, are hereby declared legal and valid: ' Provided, such returns of such elections are i ow or shall be made within three months from the date upon which this act becomes effective and certified copies of the same filed and recorded as required in section 13 of the act to which this bill [act] refers; and all elections of officers and organizations of any cities or villages in the State under and by virtue of any such elections, if otherwise according to law, are hereby legalized and made effective, and all the acts of any such cities or villages, if otherwise legal, are also hereby made valid and binding.
$ 2. Whereas the election for city and village officers, under said statute, will occur on the third Tuesday of April, wherefore an gency exists, therefore this act shall be in force from and after its passage.
APPROVED June 22, 1885.
REFUNDING ILLEGAL TAXES. $1. Cities shall refund taxes illegally collected when certificates therefor have been issued by the city councils ; certificates shall be exchanged for warrants within two years.
An Act to refund illegal taxes. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That, whenever, in any of the cities of this State, any taxes for city purposes have been collected and paid into the city treasury without authority of law, and the city council of such cities have caused certificates to be issued to the persons or corporations who have paid such illegal taxes, certifying that such taxes were
illegally assessed and collected, the city council of such cities are hereby authorized to make an appropriation as as possible after this act shall take effect, for the purpose of refunding such illegal taxes, with six per cent. interest per annum from the date of such certificates; and warrants shall be drawn for the payment of such sums and interest, out of the fund so appropriated, to the persons or corporations who obtained such certificates, or their assignees or legal representatives, in the usual manner prescribed by the charter of said cities, or by the general law: Provided, such certificates are presented to the comptroller of such cities for exchange for warrants within two years after this act shall go into effect. And the treasurers of any such cities shall pay said warrants out of said appropriations.
APPROVED June 27, 1885.
§ 1. Amends sec. 27, art. 9, by changing form of notice for publication. An Act to amend section twenty-seven (27) of article nine (9) of an act en
titled “ An act for the incorporation of cities and villages," approved April 10, 1872
. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section twenty-seven (27), of article nine (9), of an act entitled "An act for the incorporation of cities and villages," approved April 10, 1872, be and is hereby amended so as to read as follows:
“Section 27. It shall also be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing thereon will be had, in the following manner:
First—They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice substantially in the following form: Mr.....
Your (here given 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; and when a daily newspaper is published in such city or village, by publishing the same at least five successive days in such daily newspaper, or if no daily newspaper is published in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive weeks, in such weekly newspaper, or if no daily or weekly newspaper is published in such city or village, then at least once in each