cents: Provided, the same shall be paid on or before the first day of the three days upon which he may be notified to labor, as aforesaid, by the street commissioner. In default of payment, or labor as aforesaid, the sum of three dollars may be collected, and no offset shall be allowed.

commis

sioner's duty.

§ 2. It shall be the duty of the street commissioner to Street report to the city council the name of every person who shall neglect or refuse to labor or pay as aforesaid, within thirty days after neglect or refusal, together with the time and manner of notification; and the city council shall forthwith pass an order, authorizing and directing that a warrant shall issue, signed by the mayor or acting mayor and city clerk, with the corporate seal attached thereto, directed to the marshal, commanding him to collect said sum of three Collars, with costs, of each and every individual whose name shall appear on the list returned by the street commissioner as having so refused or neglected to pay or labor. The oath of the street commissioner shall be deemed sufficient evidence of the notice required by this chapter.

§ 3. And the city marshal is hereby authorized and empowered and required, after receiving said warrant, to collect said poll or street tax, in the same manner and with the same authority as is given by this act to collectors to collect other taxes of the city.

$ 4. All money collected for poll or street tax, either by the street commissioner or marshal, shall be immediately paid over to the city clerk, the clerk giving his receipt therefor and entering the same upon the city books.

CHAPTER 8.

STREETS AND ALLEYS.

§ 1. The city council shall have power to establish, open, vacate, alter, widen, extend, straighten, grade, pave, plank or otherwise improve and keep in repair streets, alleys, avenues and lanes, in said city.

$ 2. When it shall be necessary to take private pro- Condemnation of perty for opening, widening or altering any public street, property. lane, avenue or alley, the city shall make a just compensation to the person or persons whose property is taken; and if the amount of such compensation, cannot be agreed on the city council shall cause the same to be ascertained, by a jury of six disinterested freeholders of the city: Provided, that when the owners of all the property on a street, lane or avenue or alley, proposed to be opened, widened or altered, shall petition therefor, no compensation shall be made to those whose property shall be taken.

3. The venire for a jury, in any case under this chapter, shall be issued by the city clerk, and directed to the marshal, who shall execute and return the same, with his indorsement thereon how and in what manner he served the same.

Amount of damages,

Special taxes,

Ordinances,

Approval of the

mayor.

Reconsidering of votes.

4. All jurors empanneled to inquire into the amoun of benefits or damages which shall happen to the owner or owners of property proposed to be taken for opening, widening or altering any street, lane or alley, shall first be sworn to that effect, and shall return to the city clerk their inquest, in writing, signed by each juror.

§ 5. In ascertaining the amount of compensation to be made to the owners of any property taken for opening, widening or altering any street, lane, avenue or alley, the jury shall take into consideration the benefits as well as the injury accruing to such property or the owner thereof.

6. The city council shall have power, for good cause shown, within thirty days after any inquest shall have been returned, as aforesaid, to set the same aside and cause a new inquest to be made.

7. Each public road within the limits of the city shall be considered and treated as a street.

§ 8. The city council shall have power, by ordinance, to levy a special tax on the lands or lots situated on any or part of any street, lane, avenue or alley, according to their respective fronts, for the purpose of paving, grading, planking or lighting said streets, lanes, alleys or avenues, in front of the same, and to collect said tax in the same manner as other city taxes are collected.

CHAPTER 9.

MISCELLANEOUS PROVISIONS.

§ 1. The style of all ordinances passed by the city council, shall be, "Be it ordained by the city council of Morris," and shall be read three times before their final passage. Upon the final passage of all ordinances the ayes and noes shall be taken and recorded.

§ 2. All ordinances shall, before they take effect, be placed in the office of the city clerk, and if the mayor approve thereof he shall sign the same, and such as he shall not approve he shall return to the city council, with his objections thereto. Upon the return of any ordinance by the mayor the vote by which the same was passed shall be reconsidered, and, if after such reconsideration, a majority of all the members of the city council shall agree, by the ayes and noes, (which shall be entered on the journal,) to pass the same, it shall go into effect; and if the mayor shall neglect to approve or object to any such ordinance, for a longer period than three days, after the same shall be placed in the clerk's office, as aforesaid, the same shall go into effect the same as if he signed it.

3. No vote of the city council shall be reconsidered or rescinded, at a special meeting, unless the meeting be called, in whole or in part, for that purpose, nor unless at such

special meeting there be present as large a number of aldermen as were present when the vote was taken.

4. Neither the mayor nor the city council 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.

laws.

§ 5. Every ordinance, regulation or by-law, imposing Publication any penalty, fine, imprisonment or forfeiture, for a violation of its provisions, shall, after the passage thereof, be published once 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 city clerk, or any other competent proof of such publication, shall be conclusive evidence of the fact of publication and promulgation of such ordinance, regulation or by-law, in all courts or places.

§ 6. The city of Morris shall not be required to give security for costs in any appeal or other suits to which said city may be a party.

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7. The members of the fire department shall, during Fire department. their term of service as such, be exempt from serving on juries in all courts of this state, and from working out or paying any poll or street tax. 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 said clerk, made within the year the exemption is claimed.

88. No member of the city council shall, during the period for which he was elected, receive any compensation for his services or be appointed to or be competent to hold any office, of which the emoluments are paid from the city treasury, or paid by fees directed to be paid, by any act or ordinance of the city council, or be directly or indirectly interested in any contract, the expenses or consideration whereof are to be paid under any ordinance of the city council.

laws.

9. The city council shall designate one newspaper, Publication printed and published within said city, in which shall be published all ordinances and laws and all other matters, the publication of which are required by this act or the ordinances and laws of the city.

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§ 10. The city council shall have power to designate two Recovery of fines. or more justices of the peace, in said city, who shall have jurisdiction in any actions for the recovery of any fine or penalty under this act or any ordinance, by-law or police regulation of the city council, any thing in the laws of this state to the contrary notwithstanding. Such justices shall have power to fine or imprison, or both, in their discretion,

Form of action.

Former laws.

where discretion may be vested in them, by the ordinance, or regulation, or by this act.

§ 11. Execution may issue immediately on the rendition of judgment. If the defendant have no goods or chattels, lands or tenements whereof the judgment can be collected the execution shall require the defendant to be imprisoned in the jail of Grundy county, for a term not exceeding six months, in the discretion of the magistrate or court rendering judgment; and all persons who may be committed under this section shall be confined one day for each fifty cents of such judgment and cost.

§ 12. All fines collected for and on behalf of the city shall be forthwith paid to the city clerk by the person collecting the same.

13. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant or freeholder in the city of Morris, in any action or proceeding in which the said city shall be a party in interest.

§14. All actions brought to recover any penalty or forfeiture incurred under this act or the ordinances, by-laws or police regulations, made in pursuance of it, shall be brought in the corporate name. It shall be lawful to declare, generally, in debt, for such penalty or forfeiture, stating the clause of this act or the ordinance, by-laws or police regulations under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it.

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

§ 16. All officers of the city, created conservators of the peace by this act, shall have power to arrest, or cause to be arrested, with or without process, all persons who shall break or threaten to break the peace, and commit them to the county jail, and there detain them until an examination can be had before the proper officer, and shall have and exercise such other powers, as conservators of the peace, as the city council may prescribe.

§ 17. All ordinances, by-laws, regulations and resolutions, now in force in the city of Morris, and not inconsistent with this act, shall remain in force, under this act, until altered, modified or repealed by the city council created by this act, after this act shall take effect. And all actions, rights, fines, penalties, and forfeitures, in suit or otherwise, which have accrued under the act incorporating the city of Morris, shall be vested in and prosecuted by the corporation hereby created. And all property, real, personal or mixed, or choses in action, belonging to the city of Morris, is hereby vested in the corporation created by this act.

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

§ 19. All officers of the city of Morris, now in office, shall, respectively, continue in the same, until superseded in conformity to the provisions hereof, but shall be governed by the provisions of this act.

20. This act shall not invalidate any legal act done the common council of the city of Morris, 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.

§ 21. 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.

§ 22. The act entitled "An act to incorporate the city of Morris, in Grundy county," passed February 18th, 1857, be and the same is hereby repealed, on the adoption of this act, as hereinafter provided.

charter.

§ 23. This act shall not become a law, until it shall first vote upon be submitted to the legal voters of the city of Morris, for their adoption or rejection, in the manner following: The city council of the city of Morris shall, at the earliest opportunity, after the passage of this act, appoint a time for the holding of an election of the legal voters of said city; of which ten days' notice shall be given in the newspaper in said city in which the official acts and proceedings of said city are published. Said election to be held and conducted in other respects, in accordance with the ordinances of said city regulating elections. Those voting for this act, shall vote a written or printed ballot, on which shall be the words "For New Charter," and those voting against it shall vote a written or printed ballot, on which shall be the words, "Against New Charter." If a majority of the votes at said election be "For New Charter," then this act to become a law from and after said election; but if a majority of the votes at said election shall be "Against New Charter," then this act shall not become a law.

APPROVED February 18, 1861.

this

AN ACT to amend the charter of the City of Metropolis.

In force February 21, 1861.

Qualification

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all white male citizens of the state of Illinois, over the age of twenty- voters. one years, who have been residents of said city, three months prior to any election, and all white male inhabitants over the age of twenty-one years, who have resided in said city twelve months prior to any election, shall be legal voters:

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