To account for fees.

ers and jurisdictions as are herein vested in such justices of the peace as may be designated by the common council under this act, and be entitled to like fees. But he shall account for and pay over to the city treasurer, when required, all fines, fees, or other moneys received by him in his judicial capacity, and keep a docket, subject at all times to the To sign ordi- inspection of the common council. All ordinances and

nances.

Veto.

8

Vacancy in of

resolutions shall, before they take effect, be placed in the office of the city clerk, and if the mayor approves thereof, he shall sign the same; and such as he shall not sign he shall return to the council, with his objections thereto. Upon the return of any ordinance or resolution by the mayor, the vote by which the same was passed shall be reconsidered; and if, after such reconsideration, a majority of all the members elected to the council shall agree, by ayes and noes, which shall be entered of record, to pass the same, it shall go into effect. And if the mayor shall neglect to approve or object to any such proceedings for a longer period than three days after the same shall be placed in the clerk's office, as aforesaid, the same shall go into effect. The mayor shall likewise have power, ex officio, to administer any oath required to be taken by this act.

§ 3. In case of a vacancy in the office of mayor, or of fice of mayor. his being unable to perform the duties of his office, by reason of temporary or continued absence or sickness, the common council shall appoint by ballot one of their number to preside over their meetings, whose official designation shall be, acting mayor.' And the alderman so appointed shall be vested with all the powers and perform all the duties of mayor, except in regard to qualifying as justice of the peace, until the mayor shall resume his office, or the vacancy be filled by a new election.

Members of council.

Clerk.

His duty.

§ 4. The members of the common council shall be fire wardens and conservators of the peace, and shall be exempt from jury duty and the payment of street taxes during their term of office.

§ 5. The clerk shall keep the corporate seal and all papers belonging to said city, and make a record of the proceedings of the common council, at whose meetings it shall be his duty to attend; and copies of all papers duly filed in his office, and transcripts from the records of the proceedings of the common council, certified by him under the corporate seal, shall be evidence in all courts, in like manner as if the originals were produced. He shall likewise draw all warrants on the treasury and countersign the same, and keep an accurate account thereof in a book to be provided for that purpose; he shall also have power to administer any oath required to be taken by this act.

§ 6. It shall be the duty of the city attorney to perform Duty of city at all professional services incident to the office, and when re

torney.

rer.

quired furnish written opinions upon subjects submitted to him by the mayor or the common council, or its committees. § 7. The treasurer shall receive all moneys belonging Duty of treasuto the city, and keep an accurate account of all receipts and expenditures, in such manner as the common council shall direct. All moneys shall be drawn from the treasury in pursuance of an order from the common council, by warrant signed by the mayor or presiding officer of the common council, and countersigned by the clerk; such warrant shall specify for what purpose the amount specified therein is to be paid. The treasurer shall exhibit to the common council, at least fifteen days before the annual elec- Account. tion of each year, and oftener if required, a full and detailed account of all receipts and expenditures after the date of the last annual report, and also of the state of the treasury; which account shall be filed in the office of the clerk. § 8. The marshal shall perform such duties as shall be prescribed by the common council, for the preservation of the public peace, the collection of license money and fines, or otherwise. He shall possess the power and authority of His duties. a constable at common law and under the statutes of this state, and receive like fees, but shall not serve civil process without first entering into bonds as such constable, to be approved by the common council as in other cases.

Marshal.

§ 9. The city surveyor or surveyors shall have the Surveyor. sole under the direction or control of the common power, council, to survey within the city limits, and he and they shall be governed by such rules and ordinances, and receive such fees and emoluments, for his or their services, as the common council shall appoint and direct. He shall possess the same powers in making surveys and plats, within Powers and duthe city, as is given by law to county surveyors, and the ties. like effect and validity shall be given to his acts, and to all plats and surveys heretofore or hereafter made by any such surveyor, as are or may be given by law to the acts, plats, and surveys of county surveyors.

§ 10. It shall be the duty of the collector or collectors Collectors. to collect all taxes and assessments which may be levied by said city, and perform such other duties as may be herein prescribed or ordained by the common council.

§ 11. Assessors shall perform all the duties in relation Assessors. to the assessing of property, for the purpose of levying the taxes imposed by the common council. In the performance of their duties they shall have the same powers as are or may be given by law to county or town assessors, and be

subject to the same liabilities. On completing their assess- Powers and dument rolls, they shall meet together and revise and correct ties. the same, and having completed the revision, they shall sign the several rolls and return the same to the common council.

Harbor master.

§ 12. It shall be the duty of the harbor master to enforce all ordinances and provisions of this act, in relation to the harbor.

§ 13. It shall be the duty of the street commissioners Street commis- to superintend all local improvements in their respective

sioners.

Constables.

Bond.

Limitation.

mon council.

divisions, and carry into effect all orders of the common council in relation thereto. They shall keep accurate account of all expenditures made by them, and render monthly accounts thereof to the common council.

§ 14. Every person appointed or elected to the office of constable, shall, before he enters upon the duties of his office, with two or more sureties to be approved by the common council, execute, in presence of the clerk of the city, an instrument in writing, by which such constable and sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may be liable to pay by reason or on account of any summons, execution, distress warrant, or other process which shall be delivered to him for collection. The clerk shall certify the approval of the common council on such instrument and file the same; and a copy certified by the clerk, under the corporate seal, shall be presumptive evidence, in all courts, of the execution thereof by such constable and his sureties; and all actions thereon shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been appointed or elected, and may be brought in the name of the person or persons entitled to the money collected by virtue of such instruments. No constable appointed or elected under this act shall have power to serve any civil process out of the city limits, except in cases of persons fleeing therefrom, and to commit on execution where the defendant shall have been arrested within the city.

§ 15. The common council shall have power, from time Power of com- to time, to require further and other duties of all officers whose duties are herein prescribed, and prescribe the powers and duties of all officers appointed or elected to any office under this act, whose duties are not herein specifically mentioned, and fix their compensation. They may also require bonds to be given to the city of Chicago by all officers, for the faithful performance of their duties.

Bonds.

§ 16. The treasurer, collectors, marshal, street commissioners, and school agent, shall severally, before they enter on the duties of their respective offices, execute a bond to the city of Chicago, in such sum, and with such sureties, as the common council shall approve, conditioned that they shall faithfully execute the duties of their offices, and account for and pay over all moneys and other property received by them; which bonds, with the approval of the

common council, certified thereon by the clerk, shall be filed with the clerk.

Penalty for re

17. The common council, at their annual meeting on Corporation the second Tuesday in March, in each year, or within not newspaper. to exceed thirty days thereafter, shall designate one public newspaper printed in said city, in which shall be published all ordinances and other proceedings and matters required in any case by this act, or by the by-laws and ordinances of the common council, to be published in a public newspaper. § 18. If any person, having been an officer in said city, shall not, within ten days after notification and request, deliver to his successor in office all the property, papers, and effects of every description in his possession belonging to said city, or appertaining to the office he held, he shall forfeit and pay, for the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver. And such successor shall and may recover possession of the books, &c., appertaining to his office, in the manner prescribed by the laws of this state.

§ 19. All appointments to fill a vacancy in an elective office under this act, and all appointments of clerk, marshal, city superintendent, assessors and surveyors, and all elections of treasurer, attorney, collectors, constables and street commissioners shall be by warrant, under the corporate seal, signed by the mayor or presiding officer of the common council, and clerk.

fusal to deliver books and pa

pers.

§ 20. All persons elected or appointed, under this act, Commissioners. to the office of clerk, marshal, attorney, treasurer, collector, assessor, surveyor, street commissioner, or constable, shall be commissioned by warrant under the corporate seal, signed by the mayor or presiding officer of the common council, and clerk.

CHAPTER IV.-Of the Common Council: its General
Powers and Duties.

§ 1. The and aldermen shall constitute the com- Common counmayor mon council of said city. The common council shall meet cil. at such times and places as they shall by resolution direct. The mayor, when present, shall preside at all meetings of the common council, and shall have only a casting vote. In his absence any one of the aldermen may be appointed to preside. A majority of the persons elected as aldermen Quorum. shall constitute a quorum.

§ 2. No member of the common council shall, during the Restriction. period for which he was elected, receive any compensation for his services, or be appointed to, or be competent to hold, any office of which the emoluments are paid from the city treasury, or paid by fees directed to be paid by any act or ordinance of the common council, or be directly or indi

Meetings.

Powers.

leges.

Proviso.

rectly interested in any contract, the expenses or consideration whereof are to be paid under any ordinance of the common council.

3. The common council shall hold stated meetings, and the mayor or any two aldermen may call special meetings, by notice to each of the members of said council, served personally, or left at their usual place of abode. Petitions and remonstrances may be presented to the common council, and the council shall determine the rules of its own proceedings, and be the judge of the election and qualifications of its own members, and have power to compel the attendance of absent members.

§ 4. The common council shall have the management and control of the finances, and all property, real, personal and mixed, belonging to the corporation, and shall likewise have power within the jurisdiction of the city, by ordinance:

First. To lease the wharfing privileges of the river, at Wharfing privi- the ends of streets, upon such terms and conditions as may be usual in the leasing of other real estate, reserving such rents as may be agreed upon, and employing such remedies, in case of non-performance of any covenants in such lease, as are given by law in other cases. But no buildings shall be erected thereon: Provided, no lease for a longer period than three years shall at any time be executed, and the owner or owners of the adjoining lot or lots shall, in all cases, have the preference in leasing such property; but a free passage over the same for all persons with their baggage shall be reserved in such lease: Provided, further, nothing in this section shall be so construed as to impair or prejudice any rights which any person may have acquired by the acceptance of any proposition heretofore made by said city respecting the wharfing privileges.

Waters.

Frauds.

Gaming.

spirits.

Second. To remove and prevent all obstructions in the waters which are public highways in said city, and to widen, straighten, and deepen the same.

Third. To prevent and punish forestalling and regrating, and to prevent and restrain every kind of fraudulent. device and practice.

Fourth. To restrain and prohibit all descriptions of gaming and fraudulent devices, and all playing of dice, cards and other games of chance, with or without betting.

Fifth. To regulate the selling or giving away of any Sale of ardent ardent spirits by any shop keeper, trader or grocer, to be drunk in any shop, store or grocery, outhouse, yard, garden, or other place within the city, except by inn-keepers duly licensed.'"

Sixth. To forbid the selling or giving away of ardent Power to pro- spirits or other intoxicating liquors, to any child, apprentice or servant, without the consent of his or her parent, guardian, master or mistress, or to any Indian.

hibit.