Sale of property

rents.

assessments, or the amounts with which such lots are chargeable may be collected out of the personal property of the owners of the lots, or of the buildings, as is herein before provided, by the issue of the warrants of the board to any constable in said city.

8 26. For the collection of all water rents or assessments to collect water remaining unpaid on the first day of May, A. D. 1863, the said board may issue their warrants as is provided in section twenty three of this chapter, and such warrants shall authorize the sale of any house or building, on which any lien shall have attached by reason of such water rent or assessment, if the building and lot on which the same is situated are owned by different persons; or if the building and lot on which it is situated, against which such water rent is assessed, are owned by the same person, the said board may as soon after the first day of May, A. D. 1863, as shall be practicable, report to the common council of said city, the lots on which there shall remain unpaid such water rents or assessments, and the common council shall thereupon take the same proceedings for the collection of such water rents or assessments, as are provided in this act for the collection of assessments for the repair of sidewalks; but any amount collected under these proceedings shall be paid over to said board, and certificates of sale of lots struck off to the city shall be issued as provided in the twenty-fourth section of this chapter.

Regulations for

$ 27. It shall be the duty of the board to make all needusing of water. ful rules and regulations, concerning the use of water supplied by the water works of said city, which regulations shall be printed in the water permits issued by said board, and if rules and regulations are needed other than what are now provided for in the ordinances of said city, it shall be the duty of the board to report to the common council the regulations which shall be adopted by them, to provide for such necessity, and the common council shall thereupon pass an ordinance establishing such rules and regulations, and providing penalties for their violation; which penalties may be enforced in any court having jurisdiction of any of fenses against any of the ordinances of said city. In all cases where said rules are not complied with, the said board shall have the right to stop or cut off the supply of water from premises where compliance with such rules is refused or neglected, and the shutting off of the water from such premises shall not make void the assessment thereon, but they shall be held for the assessment, as in the case of lots which are not supplied with water, but which abut upon a street or alley where the water pipe is laid.

Water for cleaning sewers.

§ 28. The said board are empowered to make connections between the water pipes and sewers of said city, and to furnish such amount of water for the purpose of cleaning out such sewers, as shall be required, so far as the water can

be conveniently supplied by the water works of said city, without lessening the supply needed for the use of its in

habitants.

§ 29. If there shall be an annual income or revenue in any way from the water works of said city, greater than is needed to pay the interest of the bonds issued for their construction, and to pay the current expenses of the works, and for maintaining them in thorough repair, then the said board shall have the power to direct such excess of revenue to be used in the purchase of the outstanding water loan bonds, or in making such additions to the water works of said city as shall have been approved by the common council, or to direct such surplus funds to be invested in the purchase of other bonds of the city of Chicago. The annual report of said board shall specify in full what amount of surplus funds shall have been invested, and the nature and amount of the respective securities held by them. The annual report of said board shall also show the amount of water loan bonds outstanding, and all debts outstanding on account of the water works, and the amounts due from parties to the city for the water works, and shall accurately and clearly exhibit all the expenditures of the said board on account of the same, which statement shall be certified by the commissioners of said board under oath.

§ 30. It shall be the duty of the said board, on or before the first day of May in each year, to report to the comptroller, what, if any, sum will be needed by said board, over and above the revenue of said water works, to meet the payment of interest or principal of the said water loan bonds, which said report shall be laid by the comptroller before the common council with his annual estimate, and it shall be the duty of the common council to raise said amount, if approved by them, by a special tax, in the same manner as general taxes, to be designated water tax, or in such other way as the said common council shall direct, and the said amount shall be paid over to the city treasurer, to be applied to the payment of the interest or principal of the water Ioan bonds.

to pay.

§ 31. The said board shall have power to authorize the Raising of money comptroller of said city to raise by temporary loan upon the credit of said city of Chicago, with the approval of the common council, such sums of money as may be needed for the payment of the interest on the said bonds or the outstanding obligations of the said city, on account of the water works, and for which there shall be no funds in the hands of the treasurer of the said city; but in all cases such temporary loans shall be provided for out of the first revenue received from the water works into the city treasury.

§ 32. All accounts pertaining to the water works of said city shall be kept separate and distinct from the accounts pertaining to other departments of said board; and all mon

Injury done to property.

eys deposited with the city treasurer on account of the water works, shall be by him kept separate and distinct from all other moneys, as the water fund, and shall only be applied for the uses and purposes for which the same were received; and such moneys shall be held by the treasurer of the city as a special fund, separate and distinct from other funds; and he shall be deemed guilty of embezzlement if he shall pay out such moneys for any account other than that belonging to such water fund, and shall be liable to indictment for so doing.

§ 33. If any person shall willfully do or cause to be done any act, whereby any work, material or property whatever, constructed, provided or used within the city of Chicago or elsewhere, by the said board, or by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be injured, or if any person shall willfully pollute the water, such person shall be subject to indictment, and upon conviction thereof shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both, in the discretion of the court.

§ 34. All acts or parts of acts inconsistent with the provisions of this chapter are hereby repealed.

Drainage of soil and cellars.

Books and charts

CHAPTER XVI.

CHICAGO SEWERAGE WORKS.

1. The board of public works of the city of Chicago shall have charge and superintendence of the sewers of said city, and of all works pertaining thereto.

§ 2. It shall be the duty of the said board to examine and consider all matters relative to the thorough, systematic and effectual drainage of the city of Chicago, not only of surface water and filth, but also of the soil on which said city is situated, to a sufficient depth to secure dryness in cellars, and entire freedom from stagnant water, and in such manner as best to promote the healthfulness of said city.

3. The said board shall have power to purchase such books, charts and other works as may be found necessary or useful, and to cause such surveys to be made within said city, and outside of its limits, as may be required in carrying out the objects of this chapter.

§ 4. The said board shall have power to construct reservoirs, and to lay sewers or drains, in and through all the alleys and streets of the said city, and in any highway in Cook county, and also across all rivers and streams, not interfering with the navigation of the same, and through any or all breakwaters into Lake Michigan, whether within the limits of said city or not.

cago river.

§ 5. The said board are hereby empowered, with the Canals from Chiapproval of the common council of said city, to construct canals or sewers connecting Lake Michigan with Chicago river or its branches, and such other canals, ditches, dams, sewers, embankments, reservoirs, pumping works or other works, and such buildings, machinery and fixtures, as they may find necessary or useful for the carrying out of the purpose of this chapter, whether the same are made within or without the limits of said city.

and

owning of real

§ 6. The said board shall have power to purchase, hold Purchase and convey, any personal and real estate which may be estate. necessary and proper to carry out the intention and objects of this chapter; but the title to all real estate purchased shall be taken in the name of the city of Chicago, and no such purchase shall be made without the approval of the common council being first had thereto.

land, etc.

7. The said board are hereby authorized to enter upon Entering upon any land or water, for the purpose of making surveys or constructing any of the works authorized by this act, and to agree with the owners of any property which may be required for the purpose of this act, as to the amount of compensation to be paid to such owners for the property so taken, or the amount of damages to be paid to such owner or owners by reason of the construction of any of the works hereby authorized, but no such agreement shall be binding on said city until first approved by the common council

thereof.

§ 8. In case of disagreement between the board and the owners of property, which may in the judgment of said board be required for any of the purposes specified in this chapter, as to the amount of compensation to be paid to such owners, or in case such owner shall be an infant, a married woman, or insane, or absent from this State, or in case of disagreement between the said board and any owner or owners of property, touching the amount of damages arising from the construction of any part of the work hereby authorized, the said board shall have the right to condemn said property, or to have the amount of such damages ascertained, or both, and the proceedings for the condemnation of such property, or the ascertainment of such damages, or Damages in using both, shall conform as nearly as may be to those specified land. and provided in the act entitled "An act to amend the law condemning right of way for purposes of internal improvement," approved June 22, 1852, and the act or acts of which the same is an amendment.

§ 9. It is hereby made the duty of the said board to Grading streets. report to the common council what grade or changes of grade of the streets and alleys of said city are necessary to secure their thorough drainage and sewerage, as is contemplated by this chapter, and the common council may thereupon by ordinance establish or alter such grades. The said

Private

and sewers.

board may make such arrangements or alterations of the gutters along the streets and alleys included in those parts of the city the drainage from which can be conveniently introduced into the sewers, as shall be necessary to cause a rapid aud effectual removal of the surface water from the same; and to this end may enter upon, use and obstruct the said streets for such time as may be necessary to effect said object. drains 10. The said board, while constructing the said drains or sewers as herein provided, may construct such additions to the same as they shall deem expedient, to furnish the proper plans of connection with the private drains or sewers to be thereafter constructed, and the cost of such additions may be charged and assessed as a part of the expenses of said private drains or sewers connecting therewith, when such private drains or sewers shall be constructed, and shall be chargeable to the lot or lots for the benefit of which the same are constructed, and collected, in the same manner as hereinbefore in this act provided for the collection of the cost of such private drains or sewers.

Mode of connect

public drains.

§ 11. The cost of the private drains and sewers, connecting the respective lots in said city with the public sewers, shall not be included in the cost of the general plan of sewerage, but the same shall be a special charge upon the lot or lots for whose benefit such private drain or sewer shall be constructed, and shall be collected as herein before in this act provided.

§ 12. It shall be the duty of said board to prescribe the ing private with location, arrangement, form, material and construction of every private drain or sewer emptying into the said public drains or sewers, and to determine the manner and plan of such connection; and the work of constructing the same, shall be in all cases subject to the superintendence and control of the said board, and shall be executed strictly in compliance with their orders.

§ 13. It shall be the duty of the said board to construct or provide for the construction of private drains or sewers to communicate with the public drains or sewers, from every lot in the said city, which in their judgment requires it; and whenever the said board, by virtue of this act, are authorized to construct any such private drain or sewer, it shall be lawful for the said board, or their agents, to enter upon any of said lots and to construct thereon such drain or sewer, and for that purpose to have free ingress and egress upon said lot or lots, with men and teams, and to deposit all the necessary building materials, and generally to do and perform all things necessary to a complete execution of the work.

§ 14. The said board shall have power to regulate the construction of privies, and the manner of cleaning the same, and to construct and regulate the construction of