as to render necessary his retirement from all service in said fire department, such board of trustees shall have the power to retire such permanently disabled member from all service in such fire department: Provided, no such retirement on account of disability shall occur unless said member has contracted said disability while in the service of said department, or unless he shall have, at the time of said retirement on account of such disability, served for ten years continuously, and upon such retirement the said board of trustees may order the payment to such permanently disabled member monthly, from said pension fund, of a sum equal to one-half of the monthly compensation allowed such member as salary at the date of his retirement: Provided, that no pension paid under this act shall exceed the sum of one thousand dollars per annum.

241t. Death while in the performance of duty, etc. §. 8 If any member of such fire department shall, while in the performance of his duty, be killed, or die from the effects of any injury thus received, or of any disease thus contracted; or if any member of such fire department shall, after ten years' continuous service therein, die from any cause contracted in the service, and such member so killed or dying from said injuries or disease, or after said term of continuous service, or during retirement as hereto provided, shall leave a widow, or minor child or children under sixteen years of age, said board of trustees may authorize and direct the payment from said pension fund of the following sums monthly, to-wit: To such widow, while unmarried, thirty dollars; to the guardian of such minor child or children, six dollars for each of said children while under the age of sixteen years: Provided, that there shall not be paid into the family of any deceased member more than one-half of the amount of the monthly salary of such deceased member at the time of his decease, or if retired, at the time of his retirement: Provided, the total payments to any one family shall not exceed an amount equal to one-half of the amount attached to the rank the deceased member held; and in no case shall exceed the amount of one thousand dollars per annum: And provided further, that if at any time there shall not be sufficient money to the credit of said pension fund to pay to each person entitled to the benefit thereof the full amount per month as hereinbefore stated, then and in that event an equal percentage of said monthly payment shall be made to each beneficiary thereof, until said fund shall be so replenished as to warrant the renewal of payments in full to each of said beneficiaries.

241u. Beneficiaries under act of 1877. §9. The widows and orphans of deceased firemen and retired members of the fire department, who are now entitled to pension or annuity under the provisions of an act entitled "An act for the relief of disabled members of the police and fire departments in cities and villages," approved May twenty-four, eighteen hundred and seventy-seven, as amended, shall be entitled to the benefits, pensions and annuities provided for by this act: Provided, such persons shall thereupon cease to receive pensions, relief or benefits under said act of May twenty-four, eighteen hundred and seventy-seven.

241v. Retirement after twenty-five years' service, etc. 10. Any member of the fire department of any such city, village or incorporated town, after having served twenty-five years of consecutive service in such fire department, and having arrived at the age of fifty years, may make application to said board of trustees to be retired from active service in said fire department; and it shall be the duty of said board of trustees, upon an examination and recommendation of a medical officer appointed by said board, and their finding that such member is disqualified, physically or mentally, for further active service, to order said member to be retired; and upon such retirement, said board of trustees may authorize the payment to such retired mem ber, monthly, from said pension fund, of a sum equal to one-half of the monthly compensation allowed such member as salary at the date of his retirement: Provided, no such payment shall exceed the sum of one thousand dollars per annum, or such less sum in proportion to the number of members so retired as the condition of said fund will warrant. And said board shall have the power to assign such applicants for retirement to the performance of light duty upon full pay, in lieu of such retirement upon half pay. And after the death of such member, his widow and children under sixteen years of age, if any surviving him, shall be entitled to the pensions provided in this act: but nothing in this or any other section of this act shall warrant the payment of any annuity to any widow of a deceased member of said department after she shall have remarried.

241w. Application of the act. 11. This act shall apply to all persons who are now, or shall hereafter become, members of such fire departments, and all such persons shall be eligible to the benefits secured by this act.

241x. Custodian of fund - books and accounts bond. $12. The treasurer of the board shall be the custodian of said pension fund, and shall secure and safely keep the same, subject to the control and direction of the board; and shall keep his books and accounts concerning said fund in such manner as may be prescribed by the board; and the said books and accounts shall always be subject to the inspection of the board or any member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city, village or incorporated town, with good and sufficient securities, in such penal sum as the board shall direct, to be approved by the board, conditioned for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and property which may come into his hands as such treasurer; and that on the expiration of his term of office he will surrender and deliver over to his successor all unexpended moneys and all property which may have come to his hands as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, village or incorporated town, and in case of a breach of the same, or the conditions thereof, suit may be brought on the same in the name of such city, village or incorporated town, for the use of said board, or of any person or persons injured by such breach.

241y. Mayor, etc., to draw warrants. § 13. It shall be the duty of the mayor, or the president of the board of trustees and clerk, or the comptroller, if there be one, and the officer or officers of such city, village or incorporated town who are or may be authorized by law to draw warrants upon the treasurer of such city, village or incorporated town, upon request made in writing by said board, to draw warrants upon the treasurer of such city, village or incorporated town, payable to the treasurer of said board, for all funds in the hands of the treasurer of such city, village or incorporated town belonging to said pension fund.

241z. Money paid only on warrants signed, etc. interest from fund. § 14. All moneys ordered to be paid from said pension fund to any person or persons shall be paid by the treasurer of said board only upon warrants signed by the president of the board and countersigned by the secretary thereof; and no warrant shall be drawn except by order of the board duly entered in the records of the proceedings of the board. In case the said pension fund or any part thereof shall, by order of said board or otherwise, be deposited in any bank, or loaned, all interest or money which may be paid or agreed to be paid on account of any such loan or deposit, shall belong to and constitute a part of said fund: Provided, that nothing herein contained shall be construed as authorizing said treasurer to loan or deposit said fund, or any part thereof, unless so authorized by the board.

241aa. Report of condition of fund. § 15. The board of trustees shall make report to the council of said city, village or incorporated town, of the condition of said pension fund on the first day of January in each and every year.

241ab. Fund not subject to levy. § 16. No portion of said pension fund shall, either before or after its order of distribution by said board to such disabled members of said fire department, or to the widow or guardian of such minor child or children, or a deceased or retired member of such department, be held, seized, taken, subjected to, or detained or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or any process or proceeding whatever issued out of or by any court of this State for the payment or satisfaction in whole or in part of any debt, damages, claim, demand or judgment against such member, or his said widow, or the guardian of said minor child or children of any deceased member; but the said fund shall be sacredly held, kept, secured and distributed for the purpose of pensioning the persons named in this act, and for no other purpose whatever.

241ac. Repealing clause. § 19. All acts or parts of acts inconsistent with this act are hereby repealed.

AN ACT authorizing cities, incorporated towns and villages to construct and maintain water works. [Approved and iu force April 15, 1873.]

242. Power to supply water-letting contract. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all cities, incorporated towns and villages in this State, be and are hereby authorized and shall have power to provide for a supply of water for the purposes of fire protection, and for the use of the inhabitants of such cities, incorporated towns or villages by the erection, construction and maintaining of a system of water works or by uniting with any adjacent city, incorporated town or village, in the erection, construction and maintaining of a system of water works for the joint use of such cities, incorporated towns or villages, or by procuring such supply of water from any adjacent city, incorporated town or village already having water works: Provided, that all contracts for the erection or construction of such works, or any part thereof, shall be let to the lowest responsible bidder therefor, upon not less than three (3) weeks' public notice of the terms and conditions upon which the contract is to be let having been given by publication in a newspaper published in such city, town or village, or if no newspaper is published therein, then in some newspaper published in the county: And, provided further, that no member of the city council or board of trustees or mayor shall be directly or indirectly interested in any such contract, and in all cases the council or board of trustees, as the case may be, shall have the right to reject any and all bids that may not be satisfactory to them. [As amended by act approved and in force May 14, 1879. L. 1879, p. 64.

243, Borrowed money-tax. § 2. Such cities, incorporated towns and villages may borrow money and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the erection, construction and maintaining of such waterworks, and appropriate money for the same. [See § 62, item 3.

244. May acquire property for works, etc. § 3. For the purpose of erecting, constructing, locating, maintaining or supplying such water works, any such city, incorporated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or otherwise; and shall also have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, construction and maintaining of such water works, in the manner provided for the taking and condemning of private property for public use; and may also acquire and hold real estate and other property and rights necessary for the location, erection, construction and maintenance of such water works, by purchase or otherwise; and the jurisdiction of such city, town or village to prevent or punish any pollution or injury to the stream or source of water for the supply of such water works, shall extend ten miles beyond its corporate limits. [See § 170; also "Eminent Domain," ch. 47.

245. Rules - tax assessment - lien. § 4. The common council of such cities, or trustees of such towns or villages, shall have power to make and enforce all needful rules and regulations in the erection, construction and management of such water works, and for the use of water supplied by the same. And such cities, towns and villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent cr rates for the use and benefit of water used or supplied to them by such water works, as the common council or board of trustees, as the case may be, shall deem just and expedient. And all such water taxes, rates or rents shall be a lien upon the premises and real estate upon or for which the same is used or supplied. [#251] And suchtaxes, rents or rates shall be paid and collected, and such lienenforced, in such manner as the common council shall, by ordinance, direct and provide. [See § 171.

[People v. Sherman, 83 Ill. 165.

246. Special assessment. $5. The expense of locating, erecting and constructing reservoirs and hydrants for the purpose of fire protection, and the expense of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited thereby, if any, in such manner as may be provided for the making of special assessments for other public improvements in such cities, towns or villages. [See § 133 et seq.

247. Separate fund. 6. All the income received by such cities, towns or villages from such water works, from the payment and collection of water taxes, rents or rates, shall be kept in a separate fund, and shall first be applied in the payment and discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof. And any surplus may be applied in such manner as the common council or board of trustees may direct.

248. When act not apply. § 7. The provisions of this act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works.

249. Emergency. 8. Whereas many of the cities embraced in this act are entirely without adequate protection from fires, and are without lawful authority to provide the necessary means of protection authorized by this act; therefore an emergency exists that this act should take effect immediately; therefore, this act shall take effect and be in force from and after its passage.

AN ACT to provide for the laying of water supply pipe by bonds and special assessment, payable in installments. [Approved and in force March 17, 1874.] 250. Bonds- assessments payable by installments. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the corporate authorities of any city, town or village shall provide, by ordinance, for the laying of water supply pipes, to be paid for by a special assessment to be made under the provisions of article nine of the act of the general assembly, entitled