Tenth: To authorize the mayor, fire wardens or other offcers of said city, to keep away from the vicinity of any fire all idle or suspicious persons, and to compel all officers of the city and all other persons to aid in the extinguishment of fires and in the preservation of property exposed to danger thereat, and in preventing goods from being stolen.

Eleventh: And, generally, to establish such regulations for the prevention and extinguishment of fires as the city council may deem expedient.

fire companies.

§3. The city council may procure fire engines and all Fire engines and other apparatus used for the extinguishment of fires, and have the charge and control of the same, and provide fit and secure houses and other places for keeping and preserving the same, and shall have power,

First: To organize fire, hook, hose, ax and ladder companies.

Second: To appoint, during their pleasure, a competent number of able and respectable inhabitants of the city firemen, to take the care and management of the engines and other apparatus and implements used and provided for the extinguishment of fires.

Third: To prescribe the duties of firemen, and to make rules and regulations for their government, and to impose reasonable penalties upon them for a violation of the same, and, for incapacity, neglect of duty or misconduct, to remove them.

Fourth: The city council shall have power to appoint a chief and assistant engineers of the fire department, and they, with the other firemen, shall take the care and management of the engines and other apparatus and implements provided and used for the extinguishment of fires; and their powers and duties shall be prescribed and defined by the city council.

jury service.

§ 4. The members of the city council and firemen shall, Exemption from during their terms of service as such, be exempted from serving on juries, in the militia, or working on the streets, or paying any tax for the same. The name of each fireman shall be registered with the clerk of the city; and the evidence to entitle him to the exemption provided in this section shall be the certificate of the clerk, under the corporate seal, for the year in which exemption is claimed.

ARTICLE XI.

MISCELLANEOUS PROVISIONS.

1. The city council shall, at least ten days before the annual election, in each year, cause to be published in the newspaper publishing the ordinances of the city, a correct and full statement of the receipts and expenditures, from the date of the last annual report, together with the sources from whence the former are derived, and the mode of dis

Annual report of receipts and ex

penditures.

Road labor.

Names of streets.

Additions to the city.

bursement, and also a distinct statement of the whole amount assessed, received and expended in the respective wards and divisions, for making and repairing streets, highways and bridges, for the same period, together with such information as may be necessary to a full understanding of the financial concerns of the city.

be

§ 2. The inhabitants of the city of Champaign are hereby exempted from working upon any road or highway, yond the limits of the city, and from paying the tax in lieu thereof, without said limits.

3. The supervisor shall demand the services of all persons, who are required to labor on the streets and alleys of the city, at such time and place and in such manner as the city council may direct, or the supervisor shall deem necessary. He shall deliver or cause to be delivered, or left at the usual place of abode or business of any person, so required to labor as aforesaid, a written or printed notice, or partly written or partly printed notice, in such form as the city council shall prescribe; which notice shall be given at least five days previous to the first day on which he or they are required to labor, requiring such person to appear at such time and place as may be designated, for the purpose of laboring upon the streets and alleys. But a similar notice, published for ten days in the newspaper publishing the ordinances of the city, by the supervisor, or posted up in three of the public places of the ward or district, shall be deemed a sufficient notice to require all persons to appear and labor, as aforesaid. Upon the neglect of any person to appear and labor, as aforesaid, or to pay the tax, the collector shall collect from each person, in the same manner as other taxes, the sum of three dollars, with his commission for collecting the same added thereto; or the same may be recovered, by suit, with costs, as in other cases.

§ 4. The city council shall have power to establish, make and declare the boundaries and names of streets and alleys.

§ 5. All fines, forfeitures and penalties, collected for offenses committed within said city, shall be paid into the treasury of said city, by the officer collecting the same; and all fines and forfeitures, collected of any citizen of said city, for any conviction in the circuit court, shall be paid over in

like manner.

86. The city council shall have power to require that all additions, hereafter made to said city, or all lands adjoining or within the came, laid out into blocks or lots, shall be so laid out or patted as to correspond and conform to the regular blocks, streets and alleys, already laid out and established within the city.

7. The city council shall, in all expenditures for purposes strictly local, expend, annually, in the several natural divisions of the city, such proportion, as near as may be, of the whole expenditures for like purposes during the same

period as will correspond to the several sums contributed by each division to the general fund. Street taxes shall be expended in the several wards or districts where the persons paying the same may respectively reside.

sor, and punish

8. The supervisor, in addition to the penalties prescribed Duty of superviby ordinance, shall, for willful neglect of duty, be liable to ment for neglect indictment and fine, in the same manner as supervisors under the laws of the state.

§ 9. Neither the city council or mayor shall remit any fine or penalty, imposed upon any person for a violation of any laws or ordinances of said city, or release from confinement, unless two-thirds of all the aldermen elected shall vote for such release or remission; nor shall anything in this act be so construed as to oust any court of jurisdiction to abate and remove nuisances within its jurisdiction, by indictment or otherwise.

votes.

10. No vote of the city council shall be reconsidered Reconsidering of or rescinded at a special meeting, unless the meeting be called, in whole or in part, for that purpose, and the aldermen be so notified, and unless at such special meeting there shall be present as large a number of aldermen as was present when the vote was taken.

§ 11. Every ordinance, regulation and by-law, imposing Publication of or any penalty, fine, imprisonment or forfeiture, for a violation dinances. of its provisions, shall, after the passage thereof, be published three days in the newspaper publishing the ordinances of the city; and proof of such publication, by the affidavit of the printer or publisher of such newspaper, taken before any officer authorized to administer oaths, and filed with the clerk, or any other competent proof of such publication, shall be conclusive evidence of the legal publication and promulgation of such ordinance, regulation or by-law, in all courts and places.

§ 12. All actions brought to recover any penalty or for Manner of bringfeiture incurred under this act or any ordinance, by-law or ing suits, police regulation made in pursuance thereof, shall be brought in the corporate name. It shall be lawful to declare, generally, in debt, for such penalty, fine or forfeiture, stating the clause of this act or the by-law or ordinance under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it.

§13. In all prosecutions for the violation of any ordinance, by law or other regulation, the first process shall be a summons, unless oath or affirmation be made for a warrant, as in other cases.

14. Execution may be issued immediately on rendition of judgment. If the defendant has no goods or chattels or real estate, within the county of Champaign, whereof the judgment can be collected, the execution shall require the defendant to be confined in the county jail or workhouse or city prison, for a term not exceeding six months, in the dis

force.

cretion of the court rendering judgment; and all persons who may be committed under this section shall be confined one day for each one dollar of such judgment and costs. All expenses incurred in any execution for the recovery of any fine, penalty or forfeiture, when collected, shall be paid into the city treasury.

§ 15. No person shall be an incompetent judge, justice, witnesses or juror, by reason of his being an inhabitant or freeholder in the city of Champaign, in any action or proceeding in which said city may be a party in interest. Former laws in § 16. All ordinances, regulations and resolutions, now in force in the city of Champaign, and not inconsistent with this act, shall remain in force, under this act, until altered, modified or repealed by the city council, after this act shall take effect; and all said ordinances, regulations and resolutions, and all acts, proceedings, matters and things, of any and every name and notice, [nature] whatsover, done or provided to be done by the city council of the city of Champaign, before this act shall take effect, are hereby made and declared to be valid.

§ 17. All rights, actions, fines, penalties and forfeitures, in suit or otherwise, which have heretofore accrued to the city, at any time, shall be vested in and prosecuted by the corporation hereby created.

§ 18. All property, real, personal or mixed, belonging to the city of Champaign, is hereby vested in the corporation created by this act. And the officers of said corporation, now in office, shall, respectively, continue in the same until superseded in conformity to the provisions hereof, but shall be governed by this act, which shall take effect from and er its passage.

§ 19. All ordinances of the city, when printed and published by authority of the city council, shall be received, in all courts and places, without further proof.

$20. The style of all ordinances sliall be, "Be it ordained by the city council of the city of Champaign."

§ 21. Any tract of land, adjoining such city, which may be laid off into lots or blocks, and duly platted, according to law, and any tract of land, adjoining the city, with the consent of the owner thereof, shall and may be annexed to said city form a part thereof.

§ 22. his act shall not invalidate any legal act done by the city council of the city of Champaign or by its officers, nor divest their successors, under this act, of any rights of property, or otherwise, or liability, which may have accrued to or been created by said corporation prior to the passage of this act.

§ 23. All officers of the city, created conservators of peace by this act or 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 this city, commit for examination, and, if necessary, detain such persons in custody over night or the Sabbath, in 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.

nances.

24. There shall be a digest of the ordinances of the Digest of ordicity, which are of a [public] nature, published within five years after the passage of this act, and a like digest within every period of five years thereafter.

§ 25. The city council shall have power to make regulations to secure the general health of the inhabitants; to declare what shall be a nuisance, and to prevent and remove the same.

upon the

charter.

§ 26. This act shall not take effect, as the charter of the Vote city of Champaign, unless a majority of the legal voters of said city, voting at an election, hereinafter provided, shali cast their votes for the adoption of the same. Said election to be held on the last Monday in the month of March, A. D. 1861, as other elections are now held in said city, upon notice, to be given by the clerk or attorney of the present board. Said notices to be posted up in five public places in said city. The returns of said election, held as aforesaid, shall be certified by the officers of the election and placed on file in the office of the circuit clerk of the county of Champaign, Illinois. And it shall not be necessary, in any proceeding, either at law or in equity, to prove that this charter was adopted by the people; but such proof shall be a matter of defense, in showing that this charter was not adopted by a vote of the people, by reference to the returns of the election, as in this section provided for.

This act shall be a public act, and shall take effect from and after its passage.

APPROVED February 21, 1861.

AN ACT to incorporate the City of Carlyle.

ARTICLE FIRST.

OF BOUNDARIES.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in [the] General Assembly, That the inhabitants of the town of Carlyle, in Clinton county, be and are hereby constituted a body politic and corporate, by the name and style of "The City of Carlyle," and by that name shall have perpetual succession, may sue and be sued, plead

In force February 22, 1861.