120. Semi-annual meeting. § 3. Said board of auditors shall meet at the town clerk's office for the purpose of examining and auditing the town accounts, semi-annually, on the Tuesday next preceding the annual meeting of the county board, and on the Tuesday next preceding the annual town meeting. [L. 1861, p. 232, § 3.

121. Auditing accounts. § 4. The board of auditors shall, at the same time and place as stated in section 3, examine the accounts of the supervisor, overseer of the poor, (where the town sustains its own poor,) and the commissioners of highways of such town, for all moneys received and disbursed by them, and shall also examine and audit all charges and claims against their town, and the compensation of all town officers, except the compensation of supervisors for county services. [L. 1861, p. 232, 88 1, 5; Supervisors v. South Ottawa, 12 Ill. 480.

122. Accounts filed with town clerk, etc. § 5. The accounts so audited, and those rejected, if any, shall be delivered, with the certificate of the auditors, or a majority of them, to the town clerk, to be by him kept on file for the inspection of any of the inhabitants of the town. They shall also be produced by the town clerk at the next annual meeting, and shall be there read by him. [L. 1861, p. 232, § 4.

123. Accounts verified. § 6. The board of auditors may require any account presented to be verified by affidavit, setting forth that the same is correct and just, and is unpaid, or, if any part thereof has been paid, setting forth how much. [L. 1861, p. 232, § 6.

124. Certificate of audit-tax, 7. The board shall make a certificate, to be signed by a majority of the said board, specifying the nature of the claim or demand, and to whom the amount is allowed, and shall cause such certificate to be delivered to the town clerk of said town, to be by him kept on file for the inspection of any of the inhabitants of said town; and the aggregate amount thereof shall be certified to the county clerk at the same time and in the same manner as other [*1082] amounts required to be raised for town purposes, which shall be levied and collected as other town taxes, except that in towns mentioned in section four (4), article 4, of this act, the amount shall be certified to the county board, who shall include the same in their estimate of town expenses. [L. 1861, p. 232, $7.

125. Town charges. § 8. The following shall be deemed town charges:

1. The compensation of town officers for services rendered their respective towns.

2. Contingent expenses necessarily incurred for the use and benefit of the town.

3. The moneys authorized to be raised by the vote of a town meeting, for any town purposes.

4. Every sum directed by law to be raised for any town purposes. [L. 1861, p. 233, § 8.

126. How taxes raised. 9. The moneys necessary to defray the town charges of each town shall be levied on the taxable property in such town in the manner prescribed in the act for raising revenue and other moneys for State and county purposes and expenses. [See "Rev. enue," ch. 120. L. 1861, p. 233, 9.

126a. Town clerk to be clerk of board. IO. The town clerk shall act as clerk of the board of town auditors, and shall record the proceedings of each meeting of the board in a book which he shall provide for that purpose at the expense of the town; such record shall include all certificates of accounts audited by the board. Accounts audited shall be paid by the supervisor on presentation of a certificate of the town clerk, stating the amount and to whom allowed; the date when audited and on what account, which certificate before payment of the amount shall be countersigned by the supervisor. [Added by amendment by act approved May 29, 1879. In force July 1, 1879. L. 1879, p. 316.

ARTICLE XIV.

BOARD OF HEALTH.

127. Who constitute-powers, SEC. 1. The supervisors, assessor and town clerk of every town shall constitute a board of health, and on the breaking out of any contagious disease in their town or immediate vicinity, they shall have power to make and enforce any rules and regulations tending to check the spreading of such disease within the limits of such town, as they may think proper; and for this purpose they shall have power to shut up any house or place where any infected persons may be, and cause notices of warning to be put thereon, or remove such person to any pest house within the limits of said town, at the expense of the party so moved, if he be of sufficient ability to pay, or otherwise at the expense of said town: Provided, that nothing in this section shall apply to any town, or any part thereof, lying within the corporate limits of any incorporated city or village.

[L. 1865, p. 75, § 1; see 40 N. Y. 273.

128. Record-report. § 2. The town clerk shall keep a full record of all the doings of said board, and report the same to the annual meeting of such town. [L. 1865, p. 76, 2.

129. Compensation. 3. The members of said board shall be allowed for their time spent in the performance of their said duties each the sum of $1.50 per day, which, together with all bills by them contracted, and all sums of money by them expended, shall be audited by the board of auditors of such town, and be paid in the same manner as other town expenses. [L. 1865, p. 76, § 2.

ARTICLE XV.

THE COMPENSATION OF TOWN OFFICERS

130. Fees. SEC. 1. The following town officers shall be entitled to compensation at the following rates for each day necessarily devoted by them to the service of the town in the duties of their respective offices: 1. The town clerk and supervisor shall receive for their ser vices two and a half dollars per day when attending to town business out of town; one dollar and fifty cents for town business in their town: Provided, that the town clerk shall receive fees, and not a per diem, for the following services :

For serving notices of election upon town officers, as required by law, twenty-five cents each.

For filing any paper required by law to be filed in his office, ten cents each.

For posting up notices required by law, twenty-five cents each.

For recording any order or instrument of writing authorized by law, eight cents for each one hundred words.

For copying any record in his office and certifying to the same, eight cents for every one hundred words, to be paid by the person

[*1083] applying for the same.

For copying by-laws for posting or publication, eight cents for each one hundred words, to be paid by the town.

The town assessor shall receive for his services as assessor two and a half dollars per day.

2. The pound master shall be allowed the following fees for his services, to-wit:

For taking into the pound and discharging therefrom horses, asses, mules and neat cattle, ten cents each; sheep or lambs, three cents each; and swine, large or small, five cents each.

He may also be allowed to receive his reasonable charges for the keeping of such animals. The amount which he shall charge therefor may be regulated by the town meeting.

3. The officers composing the board of appointment in case of vacancy, when they shall meet for that purpose, and the officers composing the board of town auditors, shall each be entitled to one dollar and fifty cents a day for their services.

4. No justice of the peace or town officer shall be entitled to any fee or compensation from any individual elected or appointed to a town office, for administering to him the oath of office.

[See Fees and Salaries," ch. 53. § 36. L. 1861, p. 233, §§ 1, 2, 3, 4, 5; People v. Rockwell, 2 Scam 3; People v. Harlow, 29 Ill. 43.

131. Emergency. 2. Whereas the constitution requires that the day of holding the annual township meeting shall be uniform throughout the State; and whereas, in the county of Cook, the day of election, as fixed by law, is not the same as that in the majority of the counties in this State, and there is doubt whether any election can legally be held in such county for town officers, an emergency exists that this act shall take immediate effect; therefore, this act shall take effect and be in force from and after its passage.

AN ACT to provide for the election of commissioners of highways in counties under township organization, and to legalize the election and official acts of such as were elected in the year 1874 and 1875, and to fix the compensation of the treasurer of such commissioners. Approved and in force April 15, 1875. L. 1875, p. 111.] *132. Election of highway commissioners. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in counties under township organization there shall be elected in each town, at the annual town meeting each year, one commissioner of highways, who shall hold his office three years, and until his successor is elected and qualified.

*133. Legalizing acts. § 2. In all cases where, during the year A. D. 1874 or 1875, commissioners of highways were elected and have qualified and entered, or may hereafter qualify and enter upon the discharge of their official duties, such elections and official acts shall be considered as lawful and be of full legal force and effect.

*134. Compensation of treasurer.

3. The treasurer of the board of highway commissioners shall receive for his services as such treasurer, such compensation as may be agreed upon by said board, not exceeding two per cent. on all moneys he may receive and pay out, except such moneys as he may pay over to his successor in office, such compensation to be fixed by resolution of the board at the time such treasurer is appointed, and no other and different sum shall be allowed such treasurer during his term of office. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. 215.

*135. Emergency. §4. Whereas, no law is now in force providing for the election of commissioners of highways, therefore an emergency exists, and this law shall be in force from and after its passage.

AN ACT to authorize county boards in counties under township organization to organize certain territory situated therein as a town. [Approved May 23, 1877. In force July 1, 1877. Laws 1877, p. 212.]

*136. Territory of city organized as town. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county board, in any county under township organization, may provide that the territory embraced within any city in such county shall be organized as a town: Provided, such territory shall have a population of not less than three thousand: And, provided, the city council in such city shall by resolution request such action by the county board.

[People v Brayton. 94 III. 342.

*137. Town in city. § 2. The territory of any city now organized, within the limits of any county under township organization, and not situated within any town, shall be deemed to be a town.

*138. Election of officers. 3. All town officers within any town organized as aforesaid shall be elected at the annual charter election of such city. All general elections held in such city and town shall be held at the same voting places as the city elections, with judges and clerks appointed in like manner as for the city elections.

*139. Powers exercised by council. 4. The powers vested in such town shall be exercised by the city council.

*140. What city council may provide. 5. The city council in such city and town may by ordinance provide that the officers of city and town clerk shall be united in the same person; that the officers of treasurer and town collector shall be united in the same person; that the election of highway commissioners shall be discontinued; that the offices of supervisor and poormaster shall be separated and the poormaster appointed by the city council. [As amended by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 174.

*141. May regulate the number of justices. § 6. The city council in such city and town may from time to time regulate the number of justices of the peace, police magistrates and constables to be elected within such city and town; but the number elected to either of

such offices shall not exceed the number allowed by law to other towns

of like population.

*142. Vacancies.

7. Vacancies in any of the town offices

within such city and town may be filled by the city council.

AN ACT to protect manufacturers, bottlers and dealers in ale, porter, lager beer, soda mineral water and other beverages, from the loss of their casks, barrels, kegs, bot tles and boxes. [Approved May 2, 1873. In force July 1, 1873.]

1. Certificate of mark or stamp filed, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General As sembly, That all persons engaged in the manufacture, bottling or selling of ale, porter, lager beer, soda, mineral water or other beverages, in casks, barrels, kegs, bottles or boxes, with their names or other marks of ownership stamped or marked thereon, may file in the office of the secretary of State, and also in the office of the county clerk of the county in which such articles are manufactured, bottled or sold, a description of the names or marks so used by them, and cause the same to be printed for six successive weeks in a weekly newspaper, printed in the English language, in counties where no daily newspaper is printed or published; and in counties where a daily newspaper is printed and published, the same shall also be published in a daily newspaper of general circulation, printed in the English language, six times a week, for six successive weeks, in counties where such articles are manufactured, bottled or sold. 2. Penalty for using or destroying. § 2. It is hereby declared to be unlawful for any person or persons, hereafter, without the written consent of the owner or owners thereof, to fill with ale, porter, lager beer, soda, mineral water or other beverage, or any other articles of merchandise, medicine, compound or preparation, for sale or to be furnished to customers, any such casks, barrels, kegs, bottles or boxes so marked or stamped, or to sell, dispose of, buy or traffic in, or wantonly destroy any such cask, barrel, keg, bottle or box so marked or stamped by the owner or owners thereof, after such owner or owners shall have complied with the provisions of the first section of this act. Any person or persons who shall violate any provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or police magistrate in this State, shall be fined $5 for each and every cask, barrel, keg or box, and 50 cents for each and every bottle so by him, her or them filled, bought, sold, used, trafficked