ing acts to be $96. All acts or parts of acts in conflict herewith, are Prior conflict hereby expressly repealed; but all actions, rights, fines, repealed. penalties and forfeitures in suit or otherwise, which have accrued under any provision of the city charter or ordinances of the city of Lincoln, in conflict herewith, shall not abate, but shall be prosecuted, enforced, imposed and collected, the same as if such provision or provisions of the city charter and ordinances had not been repealed, annulled or modified, and all ordinances, orders and resolutions of the city council shall remain in full force and effect until altered, modified or repealed by the city council. from taxation. 97. All property described in this section, and which Exemption may be within the limits of the city or belong to the city, shall be exempt from taxation of all kinds, whether state, county or municipal, that is to say perty. First.--All public school houses, houses used for public School houses. worship, the books and furniture therein, and the grounds Books and proattached to such buildings, necessary for the proper occupancy, use and enjoyment of the same, and not leased or otherwise used with a view to profit. All colleges, academies or other institutions of learning, all endowments made for their support, all buildings, books, furniture, and other apparatus connected with the same; also, the libraries, books, Apparatus. furniture and other apparatus belonging to all scientific and literary societies; also, all lands connected with such insti- Lands. tutions and not used with a view to profit. Second. All lands used exclusively as cemeteries or Cemeteries. grounds for burying the dead. Third. All buildings belonging to the city with the Real property. grounds on which such buildings are erected; also, all other real property belonging to the city. Fourth. All personal property belonging to the city. Personal pro $98. This act shall be deemed a public act, and may be Evidence of act. read in evidence without proof, and judicial notice shall be taken thereof in all courts and places, and shall take effect and be in force from and after its passage. APPROVED February 21, 1867. AN ACT granting a new charter to the city of Decatur, and to reduce the In force Feb several acts incorporating said city, into one act. ARTICLE I. 21, 1867. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the following district of country shall be included within the boundaries of the said city of Decatur, namely: The south- Boundaries. east quarter and the east half of the southwest quarter of Name and style. Wards. section ten (10), and the southwest quarter and the west half of the southeast quarter and the southeast quarter of the southeast quarter and the southwest quarter of the northeast quarter and the south half of the northwest quarter of section eleven (11), and the west half and the west half of the northeast quarter and the west half of the southeast quarter and the southeast quarter of the northeast quarter and the northeast quarter of the southeast quarter of section fourteen (14), and the east half and the east balf of the northwest quarter and the north half of the southwest quarter and the southeast quarter of the southwest quarter of section fifteen, and the west half of the northeast quarter of the northwest quarter of section twentythree, all in township sixteen north, range two cast of the third principal meridian, together with such other additions of land as may hereafter be joined and annexed to said city. § 2. The inhabitants of said city shall be a corporation by the name and style of the "City of Decatur," and by that name shall have perpetual succession, sue and be sued, and complain and defend in any court, may make and use a common seal and alter and change it at pleasure; may take, hold and purchase such real, personal or mixed estate as the purposes of the corporation may require, within or without the limits of the city, and may sell, lease or dispose of the same for the benefit of the city. 3. The city of Decatur shall be divided into four wards, the boundaries of which shall be fixed by the city council, and may be by the city council changed from time to time as they shall see fit, having regard to the number of her free white male inhabitants, so that each ward shall contain, as near as may be, the same number of free white male inhabitants. The city council may make and create additional wards as occasion may require and fix the boundaries thereof. Government. City officers. ARTICLE II. OFFICERS THEIR ELECTION AND APPOINTMENT. § 1. The municipal government of the city shall consist of a city council, to be composed of the mayor and two aldermen from each ward, the other officers of the corporation shall be as follows: A city marshal, a city treasurer, a city assessor, a city collector, a city surveyor and engineer, who shall be elected at the time and in the manner of the election of mayor and aldermen. There shall also be appointed by the city council, a city register and a city supervisor, and such other servants and agents of the corporation as may be provided by ordinance, to be appointed by the mayor, subject to the confirmation of the city council, and to perform such duties as may be prescribed by ordinance. § 2. All officers elected under this act, except aldermen, Term of office. shall hold their offices for one year and until the election and qualification of their successors respectively. All other officers mentioned in this act and not otherwise specially provided for shall be appointed by the city council, as aforesaid on the third meeting of the council in each year after the regular election, or as soon thereafter as may be, but the city council may specially authorize the appointment of watchmen and policemen, by the mayor, to continue in office during the pleasure of the city council: Provided, the mayor may remove them from office for good cause shown. All officers elected or appointed to fill vacancies, shall hold for the unexpired term only and until the election or appointment and qualification of their respective successors. 3. The several wards of the city shall be represented Representation in the city council by two aldermen from each ward, who shall be bona fide residents thereof and hold their offices for two years from and after their election, and until the election and qualification of their successors: Provided, that each alderman shall be a freeholder in the city. They shall be divided into two classes, consisting of one from each ward, so that one from each ward shall be annually elected. At the first meeting of the city council after the first election held under this act, the aldermen shall be di- Division of alvided into two classes by lot. The terms of office of those of the first class shall expire in one year, and those of the second class in two years; and at every annual election after the first held under this act, there shall be one alderman elected in each ward to represent such ward in the city council. dermen. tion. § 4. If from any cause there shall not be a quorum of Place of elecaldermen, the register shall appoint the time and place of holding a special election to supply such vacancies, and to appoint judges thereof if necessary. If any alderman shall remove from the ward represented by him, his office shall thereby become vacant. If there should be a failure by the people to elect any officers herein required to be elected, the city council may forth with order a new election. office. 5. Any officer elected or appointed to any office may Removals from be removed from such office by a vote of two-thirds of all the aldermen authorized by law to be elected, but no officer shall be removed except for good cause unless first furnished with the charges against him and heard in his own defense, and the city council shall have power to compel the attendance of witnesses and the production of papers, when necessary for the purpose of such trial, and shall proceed Trials, etc. within ten days, to hear and determine the merits of the case, and if such officers shall neglect to appear and answer to such charges, then the city council may declare the office vacant: Provided, this section shall not apply to any officer New election in case of vacancy Qualifications of office holders. Defaulters Ties. appointed by the city council, such officers may be removed at any time by a two-thirds vote, as aforesaid, in their discretion; but any officer may be suspended until the disposition of all charges preferred, and during such suspension the city council shall fill the vacancy by appointment: Provided, further, that this section shall not apply to, nor be construed so as to lessen the powers of the mayor as to the removal of watchmen and policemen. § 6. Whenever any vacancy shall occur in the office of mayor or alderman, such vacancy shall be filled by a new election, and the city council shall order special elections within ten days after the vacancy shall occur. Any vacancy occurring in any other office may be filled by appointment of the city council, but no special election shall be held to fill vacancies if more than nine months of the time have expired. § 7. All citizens of the United States qualified to vote at any election held under this act shall be qualified to hold any office created by this act, but no person shall be eligible to any office under this act, or any other act in relation to said city, who is now, or may hereafter be a defaulter to said city or to the state of Illinois or to any other city or county thereof. And any person shall be considered a defaulter who has refused or neglected or may hereafter refuse or neglect for thirty days after demand to account for and pay over to the party authorized to receive the same, any public money which may have come into his possession, and if any such person holding any such office or place within this city shall become a defaulter whilst in office, the office or place shall thereupon become vacant. § 8. When two or more candidates for any elective office shall have an equal number of votes for such office, the election shall be determined by the casting of lots in the presence of the city council. Elections. ARTICLE III. OF CITY ELECTIONS. § 1. A general election for all the officers of the corporation, required to be elected by this act or any ordinance of the city, shall be held in each of the wards of the city on the first Tuesday of March in each year, at such place as the city council may appoint, and of which at least six days' previous public notice shall be given by written or printed notices in three public places in each ward, or by publication in the newspaper publishing the ordinances of the city, by the city register: Provided, that nothing in this act contained shall be construed in any manner to interfere with the official relations of the council and officers now exercising their functions, as to the duration of their term of service, but the same shall continue until it expires, or such officer is removed for cause, and the present clerk and attorney shall give notice of the first election to be held under the provisions of this act. Oaths of judges § 2. The manner of conducting and voting at the elec- Manner of votions held under this act, and contesting the same, the keep- ting. ing of the poll lists, canvassing the votes and certifying the returns, shall be the same, as nearly as may be, as is now or may hereafter be provided by law at general state elections. The voting shall be by ballot and the judges of election shall take the same oath and have the same power and authority as the judges of general elections. After the closing of the polls the ballots shall be counted in the manner provided by law, and the returns shall be returned sealed to the city register within three days after the election, and thereupon the city council shall meet and canvass the same and declare the result of the election. The persons having the highest number of votes for any office shall be declared elected. It shall be the duty of the Notifications. city register to notify all persons elected or appointed to office of their election or appointment, and unless such persons shall, within twenty days thereafter, qualify, the office shall become vacant: Provided, that the city council shall Appointment of have power, by ordinance, to regulate elections and the appointment of judges thereof, and that the general law of this state requiring the registration of voters' names prior to elections, shall not apply in elections under this charter. judges. § 3. No person shall be entitled to vote at any election Who may vote. under this act who is not entitled to vote at state elections, and has not been a resident of said city at least six months next preceding said election; he shall have been, moreover, an actual resident of the ward in which he proposes to vote, for ten days previous to such election, and, if required by any judge or qualified voter, shall take the following oath before he be permitted to vote: "I swear (or affirm) that I am of the age of twenty-one years, that I am a citizen of the United States, or was a resident of this state at the time of the adoption of the constitution, and have been a resident of this state one year and a resident of this city six months next preceding this election, and am now a resident and have been for ten days last past, of this ward, and have not voted at this election:" Provided, the voter shall be deemed a resident of the ward in which he is accustomed to lodge. $4. No election shall be held in any place where intoxi- Places of eleccating liquors are vended by retail. § 5. The persons entitled to vote at any election under this act shall not be arrested on any civil process within said city upon the day on which such election is held, and tion. No civil arrest elec during |