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Previous laws in force.
magistrate, to the jail of Cook county, for any offense punishable under the statutes of this State.
§ 11. When in any suit the city of Chicago prays an apAppeals taken by
peal from the judgment of any court in this State to a higher court, it shall not be required to furnish an appeal bund; nor shall any affidavit of merits be required of said city in any suit to which it is a party defendant, to entitle it to defend the same. No suit shall be brought against the city except in a court of record ; nor shall any writ of execution be issued for the collection of any judgment recovered against said city.
$ 12. All ordinances of the city, when printed and published by authority of the common council, shall be received in all courts and places without further proof.
§ 13. 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.
$ 14. Nothing in this act contained shall be held to repeal either of the following acts, to-wit: “An act to adjust and settle the title to the wharfing privileges in Chicago, and for other purposes," approved February 27th, 1845, and “ An act to amend an act entitled “ An act to adjust and settle the title to the wharfing privileges in Chicago, and for other purposes,' approved February 27th, 1847, and in relation to wharves and docks in said city,” approved February 11th, 1853; but both of said acts, with the exception of the fifth section of the first mentioned act, are hereby ratified and continued in force.
§ 15. Section sixty-six and a half of the act amendatory of the city charter, approved February 18th, 1861, constituting a board of claims' commissioners in and for said city, is hereby repealed.
$ 16. All aldermen now in office, and whose terms by ing over in office virtue of previously existing laws will not expire until the
year 1864, shall represent in the common council the respective wards in which they reside, as the same are hereby established, to the end of the term for which they were chosen ; but if, in any case, more than two such aldermen shall happen to reside in the same ward, two of them, to be designated by lot, shall retain their seats as above provided, and the other or others shall retire from office on the first Monday of May next. Two aldermen shall be chosen, at the next annual election, in each of said wards which would not otherwise be fully represented in the common council. But no alderman shall be then chosen in any ward which, by virtue of the provisions of this section, will be fully represented in the common council during the ensuing municipal year.
$ 17. One commissioner of the board of public works board her publice shall be elected at the next annual election to succeed the
commissioner whose term of office will expire on the first
Claims' commis. sionei s.
Election of com
Monday of May next. That one of the other two commissioners, now in office, having the shortest term to serve, shall continue in office until the first Monday of May, 1865, and the one having the longest term to serve shall continue in office until the first Monday of May, 1867, at which several times their respective terms of office shall expire. The provisions of this section shall also extend to and include the commissioners of the board of police, except as to the time of their continuance in office, which shall be until the first Monday of May, 1864, for the one having the shortest term to serve, and until the first Monday of May, 1866, for the one having the longest term to serve.
§ 18. Any vacancy now existing in the office of police justice, or which may occur before the first Monday of May next, may be filled in the manner prescribed by present laws; but the police justices then in office shall hold only until the election and qualification of their successors. § 19. The two guardians of the reform school, now in Reform
guardians. office, having the longest term to serve, shall continue in office until the first Monday of June, 1865; the two guardians having the next longest term to serve shall continue in office until the first Monday of June, 1864; the other three guardians shall continue in office until the first Monday of June next; at which several times their respective terms of office shall expire.
$ 20. The supervisors now in office, who were elected Ward supervifrom the different wards of the city of Chicago as they were heretofore constituted, shall continue in office until the expiration of the term for which they were chosen. At all future elections for town officers, one supervisor shall be elected in each of the wards of said city, as the same are hereby established.
§ 21. The offices of overseer of the poor, commissioner ofices abolished. of highways, overseer of highways, and pound master, in and for the towns of North Chicago, South Chicago and West Chicago, respectively, are hereby abolished ; and hereafter the town clerk of neither of the said towns shall receive for his official services a compensation exceeding one hundred dollars a year; nor shall it hereafter be lawful to raise a tax for town purposes in either of said towns exceeding one thousand dollars a year in any one year. All Transfer ofschool school property and all other public property of every de- property. scription in the towns of North Chicago, South Chicago and West Chicago, shall belong and be forthwith transferred to the city of Chicago. All moneys in the hands of the treasurer of Cook county or in the hands of any town officer or agent collected or raised for school purposes, or for the construction or repair of highways or bridges, in either of said towns, including money received for licenses, and all such moneys as shall hereafter come into the hands of said treasurer or other officer, shall be paid over to the treasurer of
cuit co urt for leave.
the city of Chicago, and said moneys shall be applied by said city to the purposes for which the same were collected or raised.
§ 22. The first election of all city officers to be chosen by the people, shall be held, except as is herein otherwise provided, on the third Tuesday of April next.
§ 23. This act shall not operate or be construed to extend to any railroad company any rights, privileges or benefits which they do not now possess under their respective
acts of incorporation or existing laws. Railroads in city.
$ 24. Whenever any railroad or railway company which has been heretofore or may hereafter be authorized to extend its railway track along the streets and alleys and across and over the waters controlled by the city within the limits of said city, shall desire to use the track or tracks of any other railroad or railway company in said streets and alleys and across the waters controlled by said city within said limits for the passage of their cars and engines and the
transaction of their business or either, it shall be lawful for
of such company to apply by petition to the judge of the cirny to judge cir- cuit court of Cook county, for such leave, and the owner or
owners of such track or tracks so desired to be used having been first notified to appear and answer to such petition, it shall be the duty of said court to appoint three commissioners to determine the time or times, mode, manner, extent, and rates, at which such track or tracks may be used as aforesaid, and the said commissioners shall grant a certificate to the party or parties so applying, setting forth in such certificate their decision, and the party applying as aforesaid, acting in pursuance of such certificate, shall be
authorized to use such track or tracks, in compliance with Appeals from de- such certificate. An appeal may be taken by either party cision of circuit to the circuit court of Cook county from such decision. All
proceedings in said court and before said commissioners when so appointed shall be conducted in the manner provided for the condemnation of rights of way, in an act to amend an act for the condemnation of rights of way, entitled “ An act to amend the law condemning right of way for purposes of internal improvement," approved June 22d,
A. D., 1852, and the amendments thereto. The provisions Running of regu- of this section shall not authorize the use of the railway interfered track of any party for the running of the regular trains of
another party, or in such manner as in any way to interfere with the running of the regular trains, or materially with the general business of the party owning such railway track, and such use of such railway track, and the cars and the engines passing over the same, shall be under the exclusive direction and control of the superintendent of the railway the track of which is so used, and shall be limited to the railway tracks laid down in, along, and over, the streets, alleys and waters of said city, as hereinbefore stated.
Whenever by the use of any such track ander any decision made as above specified, either party shall deem the terms of said use unjust, or inequitable, or to require revision, he or they may have a readjustment of the same upon application and hearing in the manner herein above provided.
8 25. This act shall take effect from and after its passage. APPROVED February 13, 1863.
AN ACT to incorporate the city of Shelbyville, in Shelby county.
OF THE BOUNDARIES.
SECTION 1. Be it enacted by the People of the State of Nlinois, represented in the General Assembly, That the inhabitants of the town of Shelbyville, in the county of Shelby, and State of Illinois, be and they are hereby constituted a body politic and corporate, by the name and style of the "City of Shelbyville," and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity; and may have and use a common seal, and alter the same at pleasure.
§ 2. The following district of country shall be included Boundaries. within the boundaries of said city of Shelbyville, to wit: One half of a mile north, west, and south from the southeast corner of lot number one, in block number ten, in the original town of Shelbyville, and one-fourth of a mile east from the south-east corner of said lot one; and also, Thomas Lewis* addition, Charles C. Scovil's addition, Earp & Tackett's addition, and Crane & Stevenson's addition to said town of Shelbyville.
§ 3. Any tract of land adjoining said city of Shelbyville, Addition to city. which has been laid off into town lots and duly recorded as an addition to the town of Shelbyville, and any tract which may hereafter be so laid out and duly recorded, shall be annexed to and forin a part of the city of Shelbyville.
§ 4. The inhabitants of said city, by the name and style Corporate powof the "City of Shelbyville,” shall have power to sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever, and to purchase, receive and hold property, both real and personal, in said city; and to purchase, and hold real property, beyond the limits of said city, for burial grounds for the use of the said inhabitants, and to sell, lease, convey, and improve property, both real and personal, for the use of said city, and to do all things in relation thereto as nat
OF THE CITY COUNCIL.
Qualification of councilmen.
§ 1. There shall be a city council, to consist of a president and four councilmen.
§ 2. The board of councilmen shall be elected by the qualified voters of the city, and shall serve for one year.
§ 3. No person shall be a member of the city council who is not, at the time of his election, a resident of the city, twenty one years of age, a citizen of the United States, or who shall not, at the time of his election, have been a resident of the State for twelve months, and be a freeholder in said city.
§ 4. The city council shall judge of the qualifications, elections and returns of its own members, and shall determine all contested elections, and a majority shall constitute a quorum.
§ 5. The city council shall have power to determine the rule of its proceedings, panish its members for disorderly conduct, and shall keep a complete record of its proceedings; and the yeas and nays, when demanded by any member, shall be entered on the record.
$ 6. All vacancies that may occur in the city council, during the year of service, shall be filled by the council.
§ 7. The president and council shall take an oath, before entering upon the duties of office, that they will well and truly perform the duties of their office, to the best of their skill and ability, and such other oath as the constitution and laws of the State may require.
$ 8. The city council shall meet at such times and places as may be prescribed by ordinance.
Rules and records
OF THE PRESIDENT.
$ 1. The chief executive officer of the city shall be a president, who shall be elected by the qualified voters of the city, and shall hold his office for two years, and until his successor shall be elected and qualified.
$ 2. No person shall be eligible to the office of president who shall not have been a resident of the city for one year next preceding the election; who shall not be at least twenty-five years of age ; who shall not be a citizen of the United States and who shall not be a freeholder in said city.
§ 3. Whenever any vacancy shall occur in the office of president, it shall be filled by election, as may be prescribed by ordinance; and in all contests, as to the election of president, the council shall decide.
Filling of vacancies.