of former acts. Publication nances. the watch-house, or other safe place, or until they can be brought before a magistrate, and shall have and exercise such other powers as conservators of the peace as the city council may prescribe. § 26. Nothing in this act contained shall be so construed as to deprive the city council of said city of any power or authority conferred upon the same by the act incorporating said city, and which is hereby repealed, but the city shall possess and enjoy all the powers and authority heretofore conferred upon the same, except so far as such power and authority are expressly modified or repealed by this act or the act heretofore mentioned. of 8 27. There shall be a digest of the ordinances of the digest of ordi- city, which are of a general nature, published within two years after the passage of this act, and a like digest within every period of eight years thereafter. Former acts repealed. Valid in law. Evidence of act $28. That an act entitled "An act to repeal an act entitled 'an act to incorporate the city of Decatur,' and to recharter the same," approved January 26th, 1857, and all acts amendatory thereof, be and the same are hereby repealed: Provided, that this act shall not in any manner invalidate any of the acts done or ordinances passed and approved by the city council of Decatur under the charter hereby repealed, and that any and all the acts done by said council in conformity to said charter shall be good and valid in law, and all the rights secured to said city council under said act may be retained and enforced by the corporation hereby created, except so far as they conflict herewith, in which case they may be modified in conformity hereto. 29. This act shall be deemed a public act, and may be read in evidence without proof, and judicial notice shall be taken thereof in all courts and places, and shall take effect from and after its passage. APPROVED February 21, 1867. In force Feb. 21, 1867. tles. AN ACT to incorporate the city of Jerseyville. CHAPTER I. BOUNDARIES AND TITLE. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Boundaries. ti- district of land in the county of Jersey, and state of Illinois, known and described as follows, to-wit: Beginning at the center of the south-west quarter of section number fifteen (15), township number eight (8) north, of range number eleven (11) west of the third principal meridian; thence running west two (2) miles to the center of the south-west quarter of section number seventeen (17); thence south two (2) miles to the center of the south-west quarter of section number twenty-nine (29); thence east two (2) miles to the centre of the south-west quarter of section number twentyseven (27); thence north two (2) miles to the place of beginning, be and the same is hereby incorporated and erected into a city, by the name of "The City of Jersey ville." § 2. That the resident inhabitants of said city shall be and they are hereby constituted and shall hereafter continue forever to be a body politic and corporate, by the name and style of "The City of Jersey ville;" and by that name Name and style. shall be known in law, and have perpetual succession, and may sue and be sued, plead and be impleaded, defend and be defended in all courts of law and equity, and in all actions and matters whatsoever; may purchase, receive, hold Powers, etc. and enjoy real and personal property, and choses in action, within and without the limits of said city, for the use of the inhabitants thereof, and may sell, lease, convey and dispose of the same for the benefit of said city or the inhabitants thereof, and may improve and protect such property; and may have and use a common seal, and alter the same at pleasure; may do all other acts as natural persons which may be necessary to carry out the powers hereby granted. 83. The city of Jerseyville shall be and is hereby divided into four (4) wards, as follows, to-wit: First ward.-All that portion of said city which lies Wards. north of Pearl street and the Fielden road, and lying and being west of State street and the state road leading north, shall be and is hereby established as and denominated the first ward. Second ward.-All that portion of said city that lies north of Pearl street and the Carlinville road, and lying and being east of State street and the state road, shall be and is hereby established as and denominated the second ward. Third ward.-All that portion of said city lying south of Pearl street and the Carlinville road, and lying and being east of State street and the Alton road, shall be established as and denominated the third ward. Fourth ward.-All that portion of said city lying south of Pearl street and the Fielden road, and lying and being west of State street and the Alton road, shall be and is hereby established as and denominated the fourth ward: Provided, always, that the city council shall have, and they are hereby vested with the power and authority to alter the boundaries of the wards of said city, and to create additional wards, and fix the boundaries thereof. Government. CHAPTER II. GOVERNMENT. 1. The corporate powers of said city shall be vested. in a city council, to be composed of the mayor of said city and one alderman from each of the wards thereof. The other officers of said city shall be as follows, to wit: A clerk, who shall be, ex officio, treasurer and assessor; a surveyor and constable, who shall be, ex officio, collector; an attorney, fire warden and a marshal, who shall be, ex officio, street commissioner. The mayor and aldermen shall be elected by the qualified voters of the city, and hold their respective offices for one year, and until their successors are elected and qualified: Provided, that no person shall be eligible to any of the aforesaid offices unless a citizen of the United States, and of this state, and who shall have had at least one year's residence in said city previous to his election: Provided, further, that the city council may elect or appoint such other officers of the city as they may deem advisable, and by ordinance prescribe their powers and duties. $ 2. If any person, having been an officer in said city, fice property. who shall not within ten days after notification and request, deliver to his successor in office, all money, property, papers and effects of every description, in his possession, belonging to said city or appertaining to the office held by him he shall forfeit and pay, for the use of the city, the sum of one hundred dollars, besides all damages caused by his neglect or refusal so to deliver; and such successor shall and may recover possession of the books, papers, property, etc., appertaining to his office, in the manner prescribed by the laws of this state for the recovery of the possession of personal property. Delivery of of Mayor and aldermen. Fees and emol. uments. Vacancies. 3. The mayor, constable, marshal and aldermen of said city are hereby created conservators of the peace, within and for said city, and shall, and they are hereby declared to be exempt from all jury duty, and from the payment of street or poll tax during their continuance in office. § 4. The emoluments, salaries and fees of all city officers shall be fixed and regulated by the city council, by ordinance, and the same shall not be changed or altered so as to affect any officer during his term of office. $5. When a vacancy shall occur in any elective office, either by a failure of the people to elect, or by the death, removal or resignation of any incumbent, the city council shall forthwith declare said office or offices vacant, and order a new election; and if from any cause there shall not be a sufficient number of aldermen of the city left to form a quorum, it shall be the duty of the clerk to order such election. cer. § 6. In case of a vacancy occurring in the office of mayor, Designation of or if the mayor be unable to perform the duties of his office, presiding offiby reason of temporary absence or sickness, the city council shall appoint, by ballot, one of their number to act as mayor, whose official designation shall be "acting mayor," and the alderman so appointed shall be and he is hereby vested with all the powers and shall perform all the duties and be subject to all the liabilities of the mayor, until the mayor shall resume the duties of his office, or the vacancy be filled by a new election. 87. Whenever a vacancy shall occur in the office of any Vacancy. person elected or appointed by the city council, by death, resignation or from any other cause, the city council shall immediately declare such office vacant and fill the same by a new election or appointment. § 8. Whenever a tie shall occur in the election of any Ties. person to any office created by section one (1) of this chapter, the judges of election shall certify the same to the mayor of said city, who shall determine the same by lot, in such manner as may be prescribed by ordinance. office. § 9. Any person elected to any office under this act may Removals from be removed from such office by a two-thirds vote of all the aldermen of said city, but no person shall be so removed except for good cause, nor until first furnished with the charges preferred against him, in writing, and heard in his own defense; and the city council shall have power to compel the attendance of witnesses and the production of papers for the purpose of such hearing, and shall proceed in a summary manner to hear and determine the merits of the case. And if such officer shall refuse or neglect to appear at the time appointed for a hearing, and neglect to make answer to the charge or charges preferred against him, the council may declare his office vacant, and the city council may suspend any officer until a final disposition of the charges preferred: Provided, that the provisions of this section shall not apply to officers appointed under this act by the city council, such officers may be removed at any time, at the discretion of the council, by a two-thirds vote of all the aldermen. $10. All persons elected or appointed to office under oath of office. this act shall, before they enter upon the duties of their respective offices, take and subscribe the oath of office prescribed in the constitution of this state, and within ten days after notice of such election or appointment, file the same duly certified by the officer before whom it was taken, with the clerk of the city; and any person neglecting so to do shall be considered as having refused to accept the office, and such office may immediately be declared vacant. The mayor, before entering upon the duties of his office, shall, in addition to the above oath, make oath or affirm that he Vol. I-32 Bonds. will devote so much of his time to the duties of his office Elections. elected. CHAPTER III. ELECTIONS. § 1. An annual election for all the officers of said city required to be elected by this act, or by any ordinance of said city shall be held in the said city on the third Tuesday in April in each year, at such place or places as the city council may appoint. Six days' previous public notice of the time and place of holding such election shall be given by the clerk, by posting up notices of the same in three public places in each ward. Officers to be § 2. At such annual election there shall be elected by the voters of said city, a mayor and one alderman from each ward, and the person receiving the highest number of votes for either of said offices shall be declared elected. Judges of election. Oath of judges. § 3. When two or more candidates for an elective office shall receive an equal number of votes, the election shall be determined as prescribed in chapter, number two (2), section five (5) of this charter. § 4. There shall annually be appointed two judges of election, and one clerk for each poll opened, who shall hold their offices until their successors are appointed. If no judge be present at the time appointed for opening the polls, or if the judges being present refuse to act, the voters may elect two of their own number to act as judges, and if the clerk be absent the judges may appoint a person to act as clerk. § 5. The judges and clerks of all elections held under this act shall take the same oath and have the same powers and authority as the judges and clerks of general state elections have; and the manner of voting at, conducting and contesting said elections, the opening and closing of the polls and keeping of the poll lists, canvassing of the votes and certifying the return shall be the same, or nearly as may |