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of said clerk to pay over said moneys and make such report to the satisfaction of said comptroller, he shall be suspended and removed from office by the mayor, with the concurrence of the board of councilors, as herein before provided for the removal of officers.
FIRE COMMISSIONER. § 46. It shall be the duty of the fire commissioner, subject to all general ordinances of such city, to assume and exercise the entire control of the fire department of the city, and he shall possess full power and authority over its property and equipments, organization, government, appointments and discipline within the city.
§ 47. He shall have power to appoint one or more fire marshals and assistant fire marshals, and as many competent and respectable citizens, to be known as the fire police, as may be autborized by the common council. He shall promulgate all regulations and orders relating to the fire department, and it shall be the duty of all subordinate officers and the fire police to respect and obey said commissioner as the head and chief of the department.
§ 48. Said commissioner shall have power to make all the rules and regulations necessary for the government and discipline of said fire dedepartment, and to remove or suspend at will any member of said department whenever in his judgment the interests of the department requires such suspension or removal, and every such order of suspension or removal shall be final and conclusive. But such commissioner shall not remove any member of said department except for incompetency, neglect of duty or other cause affecting his fitness to perform the duties of such office; and such commissioner shall, within ten days after such removal, report in writing to the common council the name or names of the person or persons so removed and the reasons for such removal.
MISCELLANEOUS PROVISIONS. SECTION 1. Whenever any city in the state shall re-organize under this act, in the manner and form as herein provided, and whenever, by the former charter or ordinances of such city, or both, the duties of any officer named in this act shall have been prescribed and defined, every such officer shall do and perform all and singular the duties as prescribed and defined in such former charter and ordinances of such city except as otherwise provided in this act, and subject to the limitations and restrictions contained in such charter or ordinances; and whenever, under the old organization of such city, any duties were to be performed, or any powers were to be exercised by any board or officers of such city, not inconsistent with the provisions of this act, and provision is not fully made in this act for some officer or officers to discharge such duties and exercise such powers, the mayor may designate what officer or officers respectively provided for in this act, shall perform such duties, or exercise such powers, until such duties and powers respectively shall be assigned by ordinance to some officer or officers under the new organization.
§ 2. When the legislative authority of any city, prior to the passage of this act, has appointed a time after April 1, 1875, and prior to the taking effect of this act, for holding an election to determine the question as to whether such city shall become organized under the act of the general assembly, entitled “An act for the incorporation of cities and villages,” and approved April 10, 1872, and when at such election such question shall have been determined against such organization, there shall be held in such city on the tenth day of August, A. D. 1875, an election, at which shall be submitted to the voters of said city the question whether such city shall re-organize under this act, and that without further petition from the voters.
§ 3. Nothing in this act contained shall repeal or in anywise modify the provisions of au act approved April 10, 1872, entitled "An act to provide for the incorporation of cities and villages,” but this and that act shall each be in force as a general law, and any city may organize or re-organize, as provided in either, at the will of the voters.
APPROVED April 8, 1875.
CITIES AND VILLAGES.
$1. Amend section 10 article 5, general act-Jurisdiction over waters-Street labor. In force'
July 1, 1875.
AN ACT to amend section ten (10), of article five (5), of "An act to pro
vide for the incorporation of cities and villages," approved April 10, 1872.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 10, of article 5, of said act, be amended so as to read as follows, viz:
"10. The city or village government shall have jurisdiction upon all waters within or bordering on the saine, to the extent of three miles beyond the limits of the city or village, but not to exceed the limits of the state; and may, by ordinance, require every able bodied male inhabitant of such city or village, above the age of twenty-one years and under the age of fifty years, (excepting paupers, idiots, lunatics, and such others as are exempt by law,) to labor on the streets and alleys of such city or village, not more than three days in each year, but such ordinance shall provide for commutation of such labor at not more than one dollar and fifty cents per day.”
APPROVED April 10, 1875.
$1. Sidewalks by taxation.
1 § 5. General officer to obtain judgment – by
what law governed. 6. When constructed by owner, may obtain
In force July 1, 1875.
AN ACT to provide additional means for the construction of sidewalks in
cities, towns and villages.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in addition to the mode now authorized by law, any city or incorporated town or village may by ordinance provide for the construction of sidewalks therein, or along or upon any street or part of street therein, and may, by such ordinance, provide for the payment of the whole or any part of the cost thereof by special taxation of the lot, lots or parcels of land touching upon the line where any such sidewalk is ordered, and such special taxation may be either by a levy on any lot of the whole, or any part of the cost of making any such sidewalk in front of such lot or parcel of land, or by levying the whole or any part of the cost upon each of the lots or parcels of land touching upon the line of such sidewalk, pro rata, upon each of said lots or parcels, according to their respective values—the values to be determined by the last preceding assessment thereof for the purpose of state and county taxation; or the whole or any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such sidewalks, or in proportion to their superficial area, as may be provided by the ordinance ordering the laying down of such sidewalk; and in case such ordinance shall only require the payment of a part of the cost of such sidewalk to be paid by a special tax as aforesaid, then the residue of such cost shall be paid out of any fund of such city, town or village raised by general taxation upon the property thereof, and not otherwise appropriated.
§ 2. Said ordinance shall define the location of such proposed sidewalk with reasonable certainty, shall prescribe its width, the materials of which it shall be constructed, and the manner of its constructiou, and may provide that the materials and construction shall be under the supervision of, and subject to the approval of some officer or board of officers of such city, town or village, to be designated in said ordipance. Said ordinance shall be published as required by law for other ordinances of said city, town or village, and may require all owners of lots or parcels of land touching the line of said proposed sidewalk, to construct a sidewalk in front of their respective lots or parcels in accordance with the specifications of said ordinance, within thirty days after such publi. cation, and in default thereof, said materials to be furnished and sidewalk to be constructed by said city, town or village, and the cost, or such part thereof as may be fixed in said ordinance, may be collected from the respective owners of said lots or parcels of land as hereinafter provided.
$ 3. In case of the default of any lot owner or owners to construct the sidewalks, as required by ordinance, and the same shall be constructed by the city, town or village, the cost thereof, or such part of the cost thereof as may have been fixed by said ordinance, may be recovered of
the owners so in default, by an action of debt in the name of the city, town or village, against such owners respectively, in any court of com. petent jurisdiction, or upon the completion of the work by such city, town or village. Such ordinance may provide that a bill of the cost of such sidewalk, showing in separate items the cost of grading, materials, laying down and supervision, shall be filed in the office of the clerk of such city, town or village, certified to by the officer or board designated by said ordinance to take charge of the construction of such sidewalk, together with a list of the lots or parcels of land touching upon the line of said sidewalk, the names of the owners thereof, and the frontage, superficial area, or assessed value as aforesaid, according as said ordipance may provide for the levy of said cost by frontage, superficial area or assessed value; whereupon said clerk shall proceed to prepare a special tax list agaiust said lots or parcels, and the owners thereof, ascertaining by computation the amount of special tax to be charged against each of said lots or parcels and the owners thereof, on account of the construction of said sidewalk, according to the rule fixed for the levy of such special tax by said ordinance, which special tax list shall be filed in the office of said clerk; and said clerk shall thereupon issue warrants directed to such officer as may be designated in such ordinance, for the collection of the amount of special tax so ascertained and appearing from said special tax list to be due from the respective owners of the lots or parcels of land touching upon the line of said sidewalk; and such officer shall proceed to collect such warrants in the same manner as constables are authorized to collect executions, and make return thereof, together with the moneys collected, to the clerk of such city, town or village, within sixty days from the date of their issue; and in case any such warrant sball be returned, as to the whole or any part thereof, “no property found," other warrants may issue, and proceedings by garnishment may be resorted to as in cases of garnishment in aid of collection of judgments at law, and all moneys so collected and paid over to said clerk, shall be, by him, immediately paid over to the treasurer of said city, town or village.
$ 4. Upon tne failure to collect such special tax as heretofore provided in this act, it shall be the duty of said clerk, within such time as said ordinance may provide, to make report of all such special tax, in writing, to such general officer of the county as may be authorized by law to apply for judgment against, and sell lands for taxes due the county or state, of all the lots or parcels of land upon which such special tax shall be so unpaid, with the names of the respective owners thereof, so far as the same are known to said clerk, and the amount due and unpaid upon each tract, together with a copy of the ordinance ordering the construction of said sidewalk, which report shall be accompanied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost (as the case may be) of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making such return have been complied with, and that the special tax as mentioned in said report, is due and unpaid.
§ 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid the county and state, and shall in 'the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided herein, and said general laws shall also be applicable to the execution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds; and all other laws in relation to the enforcement and collection of taxes, and redemption from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided.
§ 6. Whenever payment of the costs of any such sidewalk is required to be inade iu part by special tax, and in part out of the general fund of such city, town or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordinance pro. viding for its construction, such owner shall file with the clerk of such city, town or village, an itemized statement of the cost of such sidewalk so constructed by him, verified by affidavit, together with a certificate of the officer or board directed by such ordinance to superintend the coustruction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town or village shall thereupon, at its first meeting thereafter, allow and order to be issued to such owner an order on the treasurer of such city, town or village, for the cost of the construction of such sidewalk, less the amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed.
APPROVED April 15, 1875.
$ 1. May loan money-take security on real es.
tate in Illinois, and acquire title thereto.
In force July 1, 1875
AN ACT to enable corporations in other states and countries to lend money
in Illinois, to enforce their securities and acquire title to real estate as security.
SECTION 1. Be it enacted by the People of the State of Illinois, repre. sented in the General Assembly, That any corporation formed under the laws of any other state or country, and authorized by its charter to in. vest or loan money, may invest or loan money in this state. And any such corporation that may have invested or lent money, as aforesaid, may have the same rights and powers for the recovery thereof, subject to the same penalties for usury, as private persons, citizens of this state;