Annual finan ARTICLE VIII. MISCELLANEOUS PROVISIONS. 1. The inhabitants of the city of Sterling are hereby exempted from working on any road beyond the limits of the city and from paying any tax to procure laborers to work on the same: Provided, that the city council may cause one-fourth of the labor tax to be laid out on roads leading into said city, and may expend a portion of the city tax upon the same, not to exceed one-fourth of the amount annually assessed. § 2. The city council shall have power, for the purpose of keeping the streets, sidewalks, lanes, avenues and alleys in repair, to require every male inhabitant of said city, between the ages of twenty-one and fifty years of age, to labor on said streets, lanes, avenues and alleys, not exceeding four days in each and every year; and any person failing to perform such labor, when duly notified by the street commissioner or those acting under him, shall forfeit and pay the sum of one dollar for every day so neglected or refused. § 3. The common conucil of said city shall have power, and they are hereby authorized to provide and maintain, a city jail or lock up, for the use of said city; and shall have power to provide by ordinance, for the punishment of offenders, by imprisonment therein, in all cases where such offenders shall fail or refuse to pay the fines and forfeitures which may be recorded against them, as hereinafter pro vided. § 4. The city council shall cause to be published, annucial statement. ally, a full and complete statement of all moneys received and expended by the city council during the preceding year, and on what account received and expended. Suits at law. Appeals. Vacation of office of mayor. § 5. All suits, actions and prosecutions instituted, commenced or brought by the corporation hereby created, shall be instituted, commenced and prosecuted in the name of the "City of Sterling." 86. Appeals shall be allowed from decisions in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof, to the circuit court of said Whiteside county; and every such appeal shall be taken and granted in the same manner and with like effect, as appeals are taken from and granted by justices of the peace to the circuit court, under the laws of this state. § 7. When the mayor shall absent himself from the city, or shall resign, or die, or his office shall otherwise be vacated, the board of aldermen shall immediately proceed to elect one of their number president, who shall be mayor Mayor pro tem. pro tem., until the office shall be filled by election, as herein provided. sioned. commis 8. The police justice, elected in pursuance of the pro- Police justice. visions of this act, shall be commissioned by the governor as How a justice of the peace for said city, and, as such, shall have power and authority to administer oaths, issue writs and pro- Official powers. cesses, to take depositions, acknowledgments of deeds, mortgages and other instruments of writing. He shall have Jurisdiction. jurisdiction in all cases arising under ordinances of the city, and concurrent jurisdiction with all other justices of the peace in all civil and criminal cases within the county of Whiteside aforesaid, arising under the laws of this state, and shall receive the same fees and compensation for his services as other justices of the peace of the county. ers of marshal. § 9. The city marshal, or any constables of the said Duties and pow town of Sterling, shall be authorized and have power to execute, anywhere within the county of Whiteside, all processes issued by the said police justice of said city or other magistrates within said city; and the said marshal and constables shall have power to do all acts that constables may do, and shall receive such fees as are allowed to constables in similar cases; and said marshal shall give bond as constables are required by law to give, which bond shall be filed in the office of the county clerk. § 10. All actions brought to recover any penalty or forfeiture under this act or any ordinance, by-law or police regulations made in pursuance thereof, shall be brought in the corporate name of the said city; and it shall be lawful to declare, generally, in debt for such penalty, fine or forfeiture, stating the clause or section of this act, by-law, ordinance or police regulation, under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it. Actions for the fines and penalties, etc. recovery of factors. § 11. The city marshal, and such other officers as may Arrests of male be 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 threaten to break the peace, or be found violating any ordinance of the city, commit for examination, and, if necessary, to detain such person in custody over night, or the Sabbath, or until he can be brought before a magistrate; and shall have and exercise such other powers, as conservators of the peace, as the city may prescribe. § 12. In all proceedings for any violations of any ordi- Summons. nance, by-law or other regulations of said city, the first process shall be by summons, unless oath or affirmation be made for a warrant, as hereinafter provided. in actions for recovery nes, etc. of 13. In any action to be brought for the recovery of Justices' duties any penalty incurred under this act or the act to which this is an amendment, or any ordinance, by-law or police regulation made in pursuance of such acts, if oath or affirmation shall be made and filed with the justice having jurisdiction of such offences. that said defendant is a non-resident Vol. I-63 Executions. Incompetent. Security for costs. justices Town tion. of the county of Whiteside, or that whatever judgment may be obtained against such offender will be in danger of being lost, stating the cause of such danger, so as to satisfy the justice that there is reason to apprehend such loss, the justice shall issue a warrant for the arrest of such offender; which warrant may be in the same form, and the proceedings thereon conducted in the same manner and with the same effect, as to principal and security, as nearly as the case will admit of, as the warrant and proceedings provided for in sections twenty-two and twenty-three of chapter fifty-nine of the Revised Statutes, entitled "Justices of the Peace and Constables." 14. In any action commenced by the city for the recovery of any penalty as aforesaid, execution may issue immediately on the rendition of judgment against the defendant, which execution may require the said defendant to be imprisoned in close custody in the city jail or lock up, one day for each fifty cents of such judgment and costs, in case the said defendants do not pay or turn out property to secure such judgment; and in such case the officer having such execution, shall forthwith arrest and imprison such offender, according to the mandate of such writ or execution. 15. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant of the said city of Sterling, in any action or proceeding in which said city is a party in interest; and the said city of Sterling shall not be required to give security for costs on the institution of any suit commenced under the provisions of this act or of the act to which this is an amendment or under any ordinance, by-law or police regulation made in pursuance thereof. $ 16. The common council of said city shall have power rent jurisdic to designate one or more justices of the said town of Sterling, who shall have concurrent jurisdiction with the police justice of said city in any action or proceeding for the recovery of any fine or penalty accruing under this act, or the act to which this is amendatory, or under any ordinance, by-law or police regulation made in pursuance thereof. Evidence of le § 17. The affidavit of the printer or publisher of any gal publication newspaper in which any ordinance shall be published, as required by this act, taken before any officer authorized to administer oath, and filed with the city clerk, shall be conclusive evidence of the legal publication of such ordinance in all courts and places. Railroad tracks, bridges, etc. $18. The city council shall have power to direct and control the laying and constructing of railroad track, bridges, turn outs and switches in the streets and alleys and the location of depot grounds within the city; to require that railroad tracks, bridges, turn outs and switches, shall be so constructed and laid as to interfere as little as possible with ordinary travel and use of the streets and alleys, and that levying and sufficient space shall be left on either side of said track for the sate and convenient passage of teams and persons; to require railroad companies to keep in repair the streets through which the tracks may run, and to construct and keep in repair suitable crossings at the intersections of streets, alleys and ditches, sewers and culverts, when the city council shall deem necessary; to direct and prohibit the use, and regulate the speed of locomotive engines within the city. The city council shall have power to provide, by Provision for ordinance, that all taxes levied, assessed and collected under collecting and by virtue of the provisions of this act, shall be assessed taxes. and collected by the same assessor and collector, whose duty it shall by general law to assess and collect the state and county tax for township twenty-one north, of range seven east, north of Rock river, in said Whiteside county. If said city council shall wish to have said city taxes so assessed and collected, it shall be their duty to inform the clerk of the county court, on or before the first day of September of each year, of the rate per cent. of the taxation levied by them for city purposes for said year; and it shall thereupon be the duty of the county clerk to carry out each and extend said tax upon the books of the collector, in the same manner that he is now required by law to carry out and extend the district school tax against the name of each tax payer, whether resident or non-resident, owning property in said city; and said city tax shall be collected in every respect and the collection thereof enforced in like manner and with like remedies as the state and county tax, and shall be paid over by the collector to the treasurer of said city at the same time that the county revenue is required to be paid over to the county. Any court which shall render judg ment in said Whiteside county, against lands and lots in said city for non-payment of taxes due the state and county, shall, at the same time, include in the same judgment any and all taxes which may be due said city on any such property, for his services in carrying out, adding and extending said tax in the books of the collector. Said county clerk shall receive one-half cent for each lot or tract, and one-half cent on each person's name assessed for personal property, to be paid out of said city tax, when collected. The collector shall receive the same compensation which may be allowed by law for the collection of state and county taxes, and shall be liable on his official bond for the payment of all such city tax by him collected; the fees of the collector to be paid out of the taxes, when collected. $ 19. This act is hereby declared to be a public act, and Evidence and may be read in evidence in all courts of law or equity with- proof of act. out proof, and shall be submitted to a vote of the legal voters Adoption to of said town at the next general election, and, if ratified by a majority of said voters, then this act shall be in full force from and after such ratification, otherwise to be void determined vote, etc. and of no effect; said election to be conducted in conformity with the general laws of election now in force in this state. APPROVED March 5, 1867. In force March AN ACT in amendment of, and supplementary to an act entitled, "An act 6, 1867. to reduce the charter of the city of Chicago, and the several acts amendatory thereof, into one act, and to revise the same," approved February 13, 1863, and the act amendatory thereof, approved February 15, lines, etc. 1865. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, The common Change of dock council of the city of Chicago shall have power to establish or change the dock lines of Chicago river and of Chicago harbor so as to facilitate navigation on the same; to cause lamp posts to be erected upon any of the streets of said city, and to cause water and gas service pipes, with their necessary stop cocks and other fixtures, to be constructed and laid so as to connect with the gas or water mains in the streets of said city. Application of provision of act. Applications for improvements. therein. § 2. The provisions of the acts to which this is supplementary and amendatory, as to the manner of making application for any improvement to be executed by said city, are hereby made to apply to the improvements specified in the foregoing section. § 3. Upon receiving an application for the making of any improvement, the doing of which is within the discretion and control of the municipal government of said city, Duty of board excepting sewers and main water pipes, the said board shall proceed to investigate the same; and it they shall determine that such improvement is necessary and proper, they shall report the same to the common council, accompanied with a statement of the expense thereof, and a proper ordinance or order directing the work, and shall in such estimate specify how much of said expense, in their opinion, may be properly chargeable to real estate especially benefited by such improvement, and how much thereof may be properly chargeable to and paid out of the general fund or out of the proceeds of any general tax authorized to be levied by said city. Having reported on such application, and recommending that the improvement be made, or disapproving of the doing of it, as is provided for in the above mentioned act, the common council may then, in either case, order the doing of such work or the making of such public improvement, after having first obtained from said board an estimate of the expense thereof, and in such order specify what amount of said estimated expense shall be assessed upon the property deemed specially benefited, and what amount |