tem. until the office shall be filled by election, as herein provided. § 7. This act is hereby declared to be a public act, and Public act. may be read in evidence in all courts of law or equity within this state without proof. 88. All acts or parts of acts coming within the provisions Inconsistency. of this charter, or contrary to or inconsistent with its provisions, are hereby repealed. 89. The city marshal or any other officer authorized to City marshal. execute writs or any other process issued by any judicial officer in said city, shall have power to execute the same anywhere within the limits of the county of De Witt, and Limits. shall be entitled to the same fees for traveling as are allowed to constables in similar cases. The said city marshal, by virtue of his office, shall be a constable of De Witt county, with power to serve process and do all other acts Powers speci that a constable may lawfully do, and receive the same fees as are allowed to other constables by law, and shall hold his office for one year, and shall give bond as other constables are required by law to give, which bond shall be filed in the office of the county clerk. fied. cers. 10. The members of the city council shall be, ex officio, Ex officio offifire wardens and conservators of the peace within the city, and are hereby authorized and it is made their duty to arrest all persons who are violating or have violated any ordinance of the city or any law of the state, with or without process, and have them prosecuted therefor; and any person or persons who shall willfully interrupt or oppose them in discharge of the requirement hereof, shall be subject to the same penalties as though they had opposed or inter- Penalties. rupted a marshal, sheriff or constable in the legal discharge of their duties. They shall moreover be exempt from jury Exemption. duty and street labor or the payment of street taxes during their term of office. years trate. § 11. There shall be elected, at the first election for city Police magisofficers, and every four years thereafter, one police magistrate, who shall hold his office for the term of four and until his successor shall be elected and qualified. The mayor of the city, ex officio, and the said police magistrate shall have in their county the same jurisdiction, powers Powers. and emoluments as justices of the peace in this state, except when the city of Clinton shall be plaintiff, in which case their jurisdiction shall extend to any sum not exceeding the sum of two hundred and fifty dollars. The gover- How nor shall commission said mayor and the police magistrate, sioned. and each one shall execute and deliver unto the city clerk, within twenty days after his election, a bond to be approved by said clerk, with one or more good and sufficient securities, in the sum of not less than two thousand dollars, conditioned that he will justly and fairly account for and over all money that may come into his hands under any judgment or otherwise by virtue of his said office, and that pay commis he will well and truly perform every act and duty enjoined on him by this charter or the laws of this state to the best of his skill and abilities; said bond shall be made payable to the city council of the city of Clinton for the use of the people of the state of Illinois, and be held for the security and benefit of all suitors and others who may be aggrieved or injured by the magisterial acts or misconduct of said police magistrate, or of said mayor while Change of venue acting as a police magistrate; change of venue may in all cases be taken from the police magistrate to the mayor as, ex officio, police magistrate and from the mayor to the said police magistrate as aforesaid, and the practice and usages of the same shall be as in the justice's court. Ex officio jus- Powers. § 12. The police magistrate and mayor of said city shall the be, ex officio, justices of the peace of said county of De Witt, and shall have jurisdiction over the same matters and receive the same fees as are prescribed by law for other justices of the peace, but the extent of said jurisdiction as to the amount in controversy shall be governed by the act incorporating the city. Sale of liquors. 13. No provisions of this act shall be construed as to authorize the sale of ardent spirits in less quantities than now provided by law, unless licensed so to do by the city council. 14. This act to take effect and be in force from and after its passage. APPROVED March 8, 1867. In force March AN ACT to amend "An act to incorporate the city of Sparta, in Randolph 8, 1867. railroad stock. county," approved February 24th, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Subscription to city council be and they are hereby authorized to subscribe for shares of stock in any railroad company now chartered and organized or that may hereafter be chartered and organized under the laws of the state of Illinois, in any sum or sums, the aggregate of which shall not exceed the sum of one hundred thousand dollars, and which stock, so subscribed, shall be under the control of said city council or of any agent or agents that said city council may duly appoint, in all respects as stock subscribed by individuals: Provided, that when any stock is subscribed to any railroad company under this act, the time of the payment of the same shall be so fixed that not exceeding the sum of fifteen thousand dollars, of principal and interest, shall fall due in any one year. Proviso. Payment of stock. 82. That for the payment of stock so subscribed the said city council is hereby authorized to issue to the railroad company, the stock of which is so subscribed for, the bonds of said city of Sparta, at par, bearing interest not exceeding ten per cent. per annum, payable annually, with interest coupons annexed, and executed by the mayor of said city of Sparta, and countersigned by the clerk of said city council, to an amount equal to the par value of the shares of stock subscribed, and to pledge the faith of the said city of Sparta for the annual payment of the interest and ultimate redemption of the principal; which bonds may run any period, not exceeding ten years, that the said city council may determine; said bonds to be payable on the first Monday of April, in whatever year they may be made payable. § 3. Said city council is hereby authorized and required Special taxes. to levy and collect a special tax upon all the taxable property in said city sufficient to pay the accruing interest annually, on any sum or sums said city council may subscribe to any railroad company and to pay the said subscription as it may become due, at a rate not exceeding fifteen thousand dollars, principal and interest, in any one year; said special tax to be levied and collected at the same time and in the same manner that other taxes of said city are levied and collected; and, when collected, shall be applied to the payment of the amount, interest and principal, of said bonds as fast as they shall fall due, and to no other purpose whatever, until the whole of said bonds, so issued, with the interest due thereon, are paid in full. And the said city council. shall have the same rights, powers and remedies to enforce the collection of said special tax, by the sale of property, and otherwise, as is now provided for the collection of other taxes for revenue and other purposes. subscriptions. § 4. That before the stock aforesaid shall be subscribed Elections for or any part thereof, an election shall be held to ascertain whether the citizens of the said city of Sparta are desirous that such subscription be made, which said election shall be called by the city clerk, when so directed by the city council, and shall be held and conducted and the returns thereof made in like manner as is now provided for the election of the officers of the said city. road) $ 5. The vote at said election shall be by ballot, upon Manner of which shall be printed or written, or partly printed and voting. partly written, "For railroad, (specifying what rail(specifying how much), or, "Against the (specifying what) railroad." If it shall be found that a majority of the legal voters of said city voting upon the questions have voted for the railroad the amount to be subscribed to such railroad company shall be the greatest sum for which there shall be the greatest plurality of votes in the ballot so taken. And in case there shall be no affirmative majority vote for the railroad at the first election called for such purpose, other elections may be called for a like purpose, whenever the mayor and city council shall be Petitions for elections. Bonds. Section 16, of article 5, amen ded. petitioned so to do by at least fifty of the legal voters of said city, not exceeding three times in each year, until an affirmative vote may be had for the railroad voted for by a majority, as aforesaid. Such subsequent elections, when called, shall be conducted in the manner herein provided for the first election. In case a majority of the voters voting at any such subsequent election for the railroad voted for, the amount to be subscribed shall be ascertained, as aforesaid; and such sum shall be the true amount authorized by said city to be subscribed to such railroad company; which subscription, when thus ascertained, the mayor of said city shall duly subscribe for such stock to said railroad company; and, when so made, such subscription shall be binding upon said city of Sparta forever. 6. The bonds which shall be issued under the provisions of this act shall be issued for any sum not less than one hundred dollars each, and, in the aggregate, not to exceed the amount of stock subscribed to said railroad company under this act. $7. That section (16) sixteen, of article (5) five, of said act, be amended, by striking out the words "one-half of," so that said section will read "not exceeding one per cent. per annum upon the assessed value thereof," etc. 8. That this act shall be deemed and taken as a public act, and shall be in force from and after its passage. APPROVED March 8, 1867. In force February 27, 1867. Boundaries. Additions. AN ACT to incorporate the city of El Paso. ARTICLE FIRST. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the corporate limits of the city of El Paso shall embrace and include within said city, subject to its jurisdiction, charter and ordinances, the following lands and territory, to-wit: All of section five (5), east half of the northeast quarter of section six (6), east half of the southeast quarter of section six (6), east half of the northeast quarter section seven (7), north half of section eight (8), west half of the northwest quarter of section nine (9), west half of the southwest quarter of section four (4), and west half of the northwest quarter of section four (4); all in township number twentysix (26) north, of range number two (2) east of the third (3d) principal meridian, in the county of Woodford and state of Illinois, with such other additions of land as may be in corporated with and come under the jurisdiction of said city. poration. $ 2. The inhabitants of said city shall be a corporation, Name and style by the name of the "City of El Paso ;" and by that name shall have perpetual succession; sue and be sued, and com- Powers of corplain and defend in any court; may make and use a coramon 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 El Paso shall be divided into two (2) Wards, wards, the boundaries of which shall be fixed by the city council, and shall be by the city council changed, from time Changes. to time as they shall see fit, having regard to the number of free white male inhabitants, so that each ward shall contain, as near as may be, the same number of white male inhabitants. The city council may create additional wards, as occasion may require, and fix the boundaries thereof. ARTICLE SECOND. Additional wards. § 1. The municipal government of the city shall consist of a city council, to be composed of the mayor and two City council. aldermen from each ward. The other officers of the corporation shall be as follows: A city clerk, a city marshal, a city treasurer, a city attorney, a city assessor and collector, City officers. a city surveyor and engineer and a city supervisor, who, in supervisor. addition to the duties prescribed by this article, shall perform such duties as may be prescribed by ordinance, and who, in addition to the township supervisor, to which the township of El Paso is now entitled, under the general township organization laws, shall be a member of the board of supervisors of Woodford county, and shall have, possess and enjoy all the rights, powers and privileges that are now or hereafter shall be possessed and enjoyed by the several Powers of. township supervisors of the said county of Woodford. There shall also be such other officers, servants and agents cers. of the corporation as may be provided by ordinance, to be Additional offiappointed by the city council, and to perform such duties as may be prescribed by ordinance. tion. 82. The annual charter election of the city of El Paso, of all officers of said corporation required to be elected by Charter elec the charter of said city or any ordinance thereof, shall be held on the first Monday of April, in each year, and upon that day the mayor, the city clerk, the city marshal, the city assessor and collector, the city treasurer, and supervisor, and the city attorney, shall be elected by the qualified voters of said city. There shall also be elected, at the same time, in each ward, by the qualified voters thereof, two Vol. I-70 |