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of voters

made as may be provided for by the ordinances of the city

council.

SEC. 7. All free white male inhabitants who are of the age Qualification of twenty-one years, who are entitled to vote for State officers, and who shall have been actual residents of said city sixty days next preceding said election, shall be entitled to vote for city officers.

purposes

SEC. 8. The city council shall have authority to levy and Taxes for city collect taxes for city purposes, upon all property, real and personal, within the limits of the city, not exceeding one half per cent. per annum upon the assessed value thereof, and may enforce the payment of the same in any manner to be provided by ordinance, not repugnant to the Constitution of the United States or of this State.

SEC. 9. The city council shall have power to appoint a Additional of- recorder, treasurer, assessor, marshal, supervisor of streets, and all such other officers as may be necessary, and to prescribe their duties and remove then, from office at pleasure.

ficers

SEC. 10. The city council shall have power to require of all officers, appointed in pursuance of this act, bonds with Bonds of offi- penalty and security, for the faithful performance of their

cers

Ordinances

Vacancies how filled

respective duties, such as may be deemed expedient; and also, to require all officers appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices.

SEC. 11. The city council shall have power and authority to make, ordain, establish and execute all such ordinances, and by-laws not repugnant to the Constitution of the United States or of this State, as they may deem necessary for the peace, benefit, good order, regulation, convenience and cleanliness of said city; for the protection of property therein from destruction by fire or otherwise, and for the health and happiness thereof, they shall have power to fill all vacancies that may happen by death, resignation or removal, in any of the offices herein made elective; to fix and establish all the fees of the officers of the said corporation not herein established; to imFines and for- pose such fines, not exceeding one hundred dollars for each offence, as they may deem just, for refusing to accept any of fice in or under the corporation, or for misconduct therein; Divided into to divide the city into wards; to add to the number of aldermen and councillors, and apportion them among the several wards, as may be most just and conducive to the interests of the city.

feitures

wards

Power to license auc

tions, &c

Police

SEC. 12. To licenses, tax, and regulate auctions, merchants, retailers, grocers, hawkers, pedlars, brokers, pawn brokers and money changers.

SEC. 13. The city council shall have exclusive power within the city, by ordinance, to license, regulate and restrain the keeping of ferries; to regulate the police of the city; to impose fines, forfeitures and penalties for the breach of any ordinance, and provide for the recovery of such fines and for

feitures, and the enforcement of such penalties, and to pass
such ordinances as may be necessary and proper for carrying
into execution the powers specified in this act: Provided, Proviso
Such ordinances are not repugnant to the Constitution of the
United States or of this State; and in fine to exercise such
other legislative powers as are conferred on the city council
of the city of Springfield, by an act entitled "An act to incor-
porate the city of Springfield, approved February third, one
thousand eight hundred and forty."

SEC. 14. All ordinances passed by the city council shall Ordinance within one month after they shall have been passed, be pub- when in force lished in some newspaper printed in the city, or certified co

pies thereof be posted up in three of the most public places

in the city.

SEC. 15. All ordinances of the city may be proven by the How proven seal of the corporation, and when printed or published in book or pamphlet form, purporting to be printed or published by authority of the corporation, the same shall be received in evidence in all courts or places without further proof.

SEC. 16. The mayor and aldermen shall be conservators City council of the peace within the limits of said city, and shall have all to act as justithe powers of justices of the peace therein, both in civil and ces of peace criminal cases, arising under the laws of the State; they shall as justices of the peace within the limits of said city, perform the same duties, be governed by the same laws, give the same bonds and security as other justices of the peace, and be commissioned as justices of the peace in and for said city by the Governor.

SEC. 17. The mayor shall have exclusive jurisdiction in Jurisdiction of all cases arising under the ordinances of the corporation, and mayor shall issue such process as may be necessary to carry said ordinances into execution and effect, appeals may be had Appeals from any decision or judgment of said mayor or aldermen, arising under the city ordinances, to the municipal court, under Municipal such regulations as may be presented by ordinance. Which court court shall be composed of the mayor or chief justice, and the aldermen as associate justices, and from the final judgment of the municipal court to the circuit court of Hancock county, in the same manner as appeals are taken from the judgments of justices of the peace: Provided, That the parties Proviso litigant shall have a right to a trial by a jury of twelve men in all cases before the municipal court. The municipal court shall have power to grant writs of habeas corpus in all May grant cases arising under the ordinances of the city council.

SEC. 18. The municipal court shall sit on the first Monday of every month, and the city council at such times and place as may be prescribed by city ordinance. Special meetings of which may at any time be called by the mayor or any two aldermen.

SEC. 19. All process issued by the mayor, aldermen, or municipal court shall be directed to the marshal, and in the

writs

Terms of

court

Marshal to execute pro

cess

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execution thereof he shall be governed by the same laws as are or may be prescribed for the direction and compensation of constables in similar cases. The marshal shall also perform Duties of mar- such other duties as may be required of him under the ordinances of said city, and shall be the principal ministerial

shal

der

officer.

SEC. 20. It shall be the duty of the recorder to make and Duty of recor- keep accurate records of all ordinances made by the city council, and of all their proceedings in their corporate capacity; which record shall at all times be open to the inspection of the electors of said city, and shall perform such other duties as may be required of him by the ordinances of the city council, and shall serve as clerk of the municipal court.

Private prop

taken

SEC. 21. When it shall be necessary to take private proerty may be perty for opening, widening, or altering any public street, lane, avenue or alley, the corporation shall make a just compensation therefor to the person whose property is so taken, and if the amount of such compensation cannot be agreed upon, the mayor shall cause the same to be ascertained by a jury of six disinterested freeholders of the city.

Jurors to as

SEC. 22. All jurors empanneled to enquire into the sess damages amount of benefits or damages that shall happen to the owners of property so proposed to be taken, shall first be sworn to that effect, and shall return to the mayor their inquest in writing, signed by each juror.

In case of

of mayor

SEC. 23. In case the mayor shall at any time be guilty malconduct of a palpable omission of duty, or shall wilfully and corruptly be guilty of oppression, malconduct or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the circuit court of Hancock county, and on conviction he shall be fined not more than two hundred dollars, and the court shall have power, on the recommendation of the jury, to add to the judgment of the court, that he be removed from office.

May establish a university

Officers of university

Powers

Proviso

Proviso

SEC. 24. The city council may establish and organize an institution of learning within the limits of the city for the teaching of the arts, sciences and learned professions, to be called the "University of the city of Nauvoo," which institution shall be under the control and management of a board of trustees, consisting of a chancellor, registrar, and twentythree regents, which board shall thereafter be a body corporate and politic, with perpetual succession, by the name of the "Chancellor and Regents of the University of the City of Nauvoo," and shall have full power to pass, ordain, establish, and execute all such laws and ordinances as they may consider necessary for the welfare and prosperity of said university, its officers and students: Provided, That the said laws and ordinances shall not be the Constitution of the United States or of this State, and repugnant to Provided, also, That the trustees shall at all times be appointed by the city council, and shall have all the powers and privileges for the advancement of the cause of education

which appertain to the trustees of any other college or university of this State.

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SEC. 25. The city council may organize the inhabitants Militia, name of said city subject to military duty into a body of indepen-of dent military men, to be called the "Nauvoo Legion," the court mai tial of which shall be composed of the commission- Court martial ed officers of said legion, and constitute the law making department, with full powers and authority to make, ordain, establish and execute all such laws and ordinances as may be considered necessary for the benefit, government, and reguI ation of said legion: Provided, Said court martial shall pass no law or act repugnant to, or inconsistent with the Constitution of the United States, or of this State, and, Provided, al- Proviso so, That the officers of the legion shall be commissioned by the Governor of the State. The said legion shall perform the same amount of military duty as is now, or may be hereafter required of the regular militia of the State, and shall Military duty be at the disposal of the mayor in executing the laws and ordinances of the city corporation, and the laws of the State, At disposal of and at the disposal of the Governor for the public defence, mayor and and the execution of the laws of the State, or of the United Governor States, and shall be entitled to their proportion of the public arms, and, Provided, also, That said legion shall be exempt Proviso from all other military duty."

SEC. 26. The inhabitants of the "City of Nauvoo" are Exempt from hereby exempt from working on any road beyond the limits road labor of the city, and for the purpose of keeping the streets, lanes, avenues, and alleys in repair, to require of the male inhabitants of said city, over the age of twenty-one and under fifty

years, to labor on said streets, lanes, avenues, and alleys, not Street labor exceeding three days in each year; any person failing to per- in city 3 days form such labors when duly notified by the supervisor, shall

forfeit and pay the sum of one dollar per day for each day so neglected or refused.

SEC. 27. The city council shall have power to provide for Punishment the punishment of offenders, by imprisonment in the county of offenders or city jail, in all cases when such offenders shall fail or refuse to pay the fines and forfeitures which may be recovered against them.

SEC. 28. This act is hereby declared to be a public act, and shall take effect on the first Monday of February next. Approved, December 16, 1840.

1

An ACT to amend an act entitled "An act to incorporate the city of
Quincy," approved, February 3, 1840.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That at all elections of mayor and aldermen within and for said city, all white male inhabitants above the age of twenty-one years, who have re

In force, Jan.

7. 1841.

Qualifications sided in the State six months next preceding the election, of electors. and who actually reside in the said city, shall enjoy the right of electors, but no person shall be entitled to vote for aldermen except in the ward in which he shall actually reside at the time of the election.

City to support paupers.

Citizens

pay tax.

to

SEC. 2. The county shall be exempt from the support of paupers within the limits of said city, but the city council shall provide such means and pass such ordinances as they shall deem proper for the support of their own paupers.

SEC. 3. The inhabitants of the city of Quincy shall, the county same as other citizens of the county, pay a county tax on all their property situate without the limits of the city.

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Part of act repealed.

SEC. 4. So much of the act to which this is an amendment, as requires the mayor of the city to be a freeholder, be, and the same is hereby repealed.

SEC. 5. The city council shall pass no ordinance contrary to, or which in any manner conflicts with, the laws of the United States or of this State, and any such ordinance which the city council may have passed, shall be void and of no effect.

Mayor shall SEC. 6. The person elected to the office of mayor shall, give bond as before being commissioned by the Governor as a justice of justice of the peace, give bond as is now required by law of justices of the peace, and on failure to do so, another election shall be ordered, as is now required by the act to which this is an amendment. Approved, January 7, 1841.

peace.

In force, Mar. 1, 1841.

Part of repealed.

of voters.

act

An ACT to amend "An act to incorporate the city of Chicago," approved the fourth day of March, one thousand eight hundred and thirty-seven, and for other purposes.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of the fourth section of the act to which this is an amendment, as provides that the mayor, aldermen and assessors of the city of Chicago, shall be freeholders in the said city; and section nine of said act, and so much of section twenty-six of said act as allows an annual salary of five hundred dollars to the mayor of said city; and section fifty-two of said act, be, and the same are hereby repealed.

SEC. 2. Every person voting at the election for mayor, Qualifications aldermen, assessors, and other officers of said city, shall be an actual resident of the ward in which he so votes, and shall have resided in said city at least six months next preceding such election, and shall moreover, if required by any person qualified to vote thereat, before he is permitted to vote, take Oath of voter. the following oath: "I swear, (or affirm) that I am of the age of twenty-one years, that I have been a resident of this city for six months immediately preceding this election, that I am now a resident of this ward, and have not voted at this election.

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