claim, demand, or right of action existed, for the payment, liquidation, or settlement thereof, or of any judgment found thereon; Provided, however, That the terms of consolidation may make other provisions for the payment of such demands, liabilities and judgments. taxes as prior to consolidation. SEC. 18. The county treasurer shall proceed to collect Collection of all taxes assessed against persons or property, within the limits of the towns or cities consolidating, prior to such consolidation, in the same manner as if no such consolidation had taken place; and all moneys in the hands of the county treasurer at the date of consolidation belonging to either of the consolidating cities or towns, and all moneys thereafter collected by him on account of either such consolidating cities or towns, shall be turned over by him to the proper officers of the consolidated city or town; and in the same manner, if there is, at the date of consolidation, any money in the hands of any officer of any of the consolidating cities or towns, belonging to such city or town, he shall forthwith, upon the accomplishment of consolidation, turn over such money to the proper officers of the consolidated city or town, and the moneys thus obtained shall be applied to the payment of the indebtedness of the city or town from which they were derived, and the balance, if any, shall be used for the purpose of the consolidated town or city, unless the terms of consolidation shall otherwise provide. lands for parks. SEC. 19. Any incorporated city may acquire, by pur- May purchase chase or gift, lands to be used by such city as a public park or parks. Such lands may be either within or without the corporate limits of the city, but no lands shall be purchased for such purposes unless it be within at least six miles of the corporate limits, and no lands shall be purchased for such purpose until the question shall have been submitted. to the qualified electors of such city at a general election, or a special election to be held for that purpose, and shall be approved by a majority of those voting thereon. The city council of such city, in submitting the question to the qualified electors, shall state in the call the location of the land proposed to be acquired, describing it by legal subdivision, giving the price to be paid and the manner of payment. If a majority of those voting at such election shall vote to approve of such purchase, the city council shall proceed to complete the same. Whenever any incorporated city shall acquire lands for the purpose aforesaid, it shall have power to exercise police control over such park, and may whether the same be within the city limits or not, SEC. 20. towns. Approved April 10, 1885. TOWNS AND CITIES. (H. B. 352.) AN ACT TO ENABLE ANY CITY OR TOWN IN THIS STATE TO CHANGE ITS NAME. How name of city or town Be it enacted by the General Assembly of the State of SECTION I. That whenever a petition, signed by the may be changed. qualified electors of any city or incorporated town of this State, equal in number to one-half of those who voted for the officers therein, at the last election, shall be presented to the corporate authorities of such city or town, praying that the name of such city or town may be changed, it shall be lawful for such corporate authorities to make such change in the manner hereinafter prescribed. Proposed name shall be filed state. SEC. 2. Previous to the presentation of the petition in with secretary of the preceding section mentioned, the name proposed to be given to such city or town shall be filed in the office of the Secretary of State, to be there retained for the period of at least sixty days, and, upon application, the Secretary of State shall, at any time after the filing of such name, grant a certificate, stating that such name has not been given to any other city or incorporated town or municipality in this State, if such be the fact; but, if such name has been adopted by any other city or town, or municipality, as appears from information in his office, the Secretary of State shall so notify the party or parties making such application, in which case another name shall be filed in his office, which name shall likewise remain for the like period of sixty days; and no petition shall be acted upon by said corporate authorities unless accompanied by the certificates of the Secretary of State, setting forth that such name has not been adopted elsewhere in this State. state shall keep alphabetical list of towns, etc. SEC. 3. The Secretary of State shall, as soon as prac- Secretary of ticable after the passage of this act, communicate with the clerks of the several counties of this State, and ascertain the names of all the cities, towns, or other municipal corporations therein, and arrange such names in alphabetical order for convenient reference; such list of names shall be kept filed in his office, and shall be changed whenever a change of name shall be effected under the provisions of this act. and petition to SEC. 4. At any meeting of the corporate authorities of Notice of action. any city or incorporated town, after the presentation of the change name of petition herein provided, such corporate authorities shall city or town. fix the time when such petition shall be considered, and order notice of the presentation thereof to be given, by publishing such notice for three successive weeks in some newspaper having a general circulation in such city or town; if there be no such newspaper therein, then such notice shall be posted in three of the most public places in such city or town for three successive weeks; such notice shall state that a change of the name of such city or town has been prayed for, and the time when action on said petition will be had, at which time remonstrances, if any, will be heard. postponed, SEC. 5. At the time fixed in the notice provided for in Action may be the preceding section, or if from any cause action thereon is not taken, such petition praying for a change of name shall be, with all remonstrances, heard at any subsequent meeting of the corporate authorities of any such city or town; and if said corporate authorities are satisfied that such change of name is necessary and proper, they shall thereupon make an order changing the name of such city or town and adopting the name prayed for in such petition. state shall give SEC. 6. If said change of name is made, or if any new Secretary of town should be incorporated, the corporate authorities of notice of change any such city or town shall cause a copy of the order of name. Change of name does not affect making such change, or fixing the name of such new town, to be filed in the office of the Secretary of State, who shall thereupon make known the fact of such change by publication in some newspaper of the county in which such city or town is situated. SEC. 7. Nothing in this act contained shall effect the legal liability. rights, privileges or liabilities of such city or town, or those of any person, as the same existed before such change of name; and all proceedings pending in any court or place in favor of, or against said city or town, may be con tinued to final consummation under the name in which the same was commenced. Approved March 28, 1885. TOWN SITES. (S. B. 126.) AN ACT TO AMEND AN ACT, ENTITLED "AN ACT TO PROVIDE FOR THE DIS- Be it enacted by the General Assembly of the State of SECTION I. That section 1, of an act entitled “An act to provide for the disposal of town lots, and the proceeds of sale in town sites entered on the public lands," approved March 1st, 1881, be, and hereby is, amended so as to read as follows: SECTION 1. That, when the corporate authorities of any town, or the judge of the county court for any county in this State in which any town may be situated, shall have entered, at the proper land office, the land, or any part of the land, settled and occupied as the site of such town, pursuant to, and by virtue of, the act of congress, entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March 2d, 1867. (Revised Statutes, U. S., section 2387.) Also, an act of congress, entitled "An act respecting the limits pose of lots, etc. of reservations for town sites upon the public domain," and any amendments that may be made thereto, it shall be the duty of such corporate authorities or judge (as the case may be), and they are hereby directed and required, to dis- Who shall dispose of and convey the title to such land, or the several blocks, lots, parcels or shares thereof, to the persons hereinafter described, and to apply the proceeds of sale thereof in the manner hereinafter specified, and this section shall have the same force and effect, as to all acts performed and all deeds made and executed by such corporate authorities or judge, in conformity with said act of March 1st, 1881, as if said act had read as herein amended; and all titles conveyed by such deeds, together with all such acts so performed, are hereby ratified and confirmed. SEC. 2. It is the sense of the General Assembly that Emergency. an emergency exists; therefore, this act shall take effect on and after its passage. Approved April 2, 1885. TRESPASS. (S. B. 60.) AN ACT TO PROVIDE A PUNISHMENT FOR THE COMMISSION OF WILFUL TRES- Be it enacted by the General Assembly of the State of gardens, SECTION 1. Every person, who shall wilfully commit Penalty for any trespass by entering upon the garden, orchard, or other trespassing upon improved and enclosed land of another, without the permis- orchards, etc. sion of the owner thereof, and shall wilfully cut, or otherwise dissever, and take and carry away, or destroy or injure the grain, grass, hay, fruit or vegetables there growing or being, shall, upon conviction thereof, be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars, or both. Approved April 1, 1885. |
