legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and places without further proof.

[See Evidence," etc., ch. 51, § 14; C. & A. R. R. Co. v. Engle, 76 Ill. 317; Teft v. Size, 5 Gilm. 432; Newlan v. Aurora, 14 Ill. 364; Elizabethtown v. Lefler, 23 Ill. 90; Barnett v. Newark, 28 11. 62; Block v Jacksonville, 36 11. 301; Tisdale v. Minonk, 46 Ill. 1o; Stevens v. City of Chicago, 48 Ill. 498; Byars v. Mt. Vernon, 77 Ill. 467; Alton v. Hartford Fire Ins. Co., 72 Ill. 328; Schott v. People, 89 Ill. 198.

66. Suits for violating ordinances.] § 5. All actions brought to recover any fine, or to enforce any penalty, under any ordinance of any city or village, shall be brought in the corporate name of the city or village as plaintiff; and no prosecution, recovery or acquittal, for the violation of any such ordinance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate.

[Whalen v McComb, 76 Ill. 50; Mendota v. Thompson, 20 Ill. 197; Hamilton v. Carthage, 24 Ill, 22; Tisdale v. Minonk, 46 Ill. 10; Kettering v. Jacksonville, 50 Ill. 39; Lewiston v. Proctor, 23 Ill. 533; Quincy v. Ballance, 30 Ill. 185: Jacksonville v. Block, 36 Ill. 507; Lucas v. LeCompte, 42 Ill. 303; Thompson v. Sutton, 51 Ill. 213.

67. Fines and licenses - paid to treasurer.] § 6. All fines and forfeitures for the violation of ordinances, when collected, and all money's collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance.

[Mt. Carmel v. Wabash Co., 50 Ill. 69.

68. Summons — affidavit - punishment.] § 7. In all actions for the violation of any ordinance, the first process shall be [*224] a summons; Provided, however, that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail or the calaboose, city prison, work-house, house of correction, or other place provided by the city or village for the incarceration of offenders, until such fine, penalty and cost shall be fully paid; Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees shall have power to provide, by ordinance, that every person so committed shall be required to work for the corporation, at such labor as his or her strength will permit, within and without such prison, work-house, house of correction, or other place provided for the incarceration of such offenders, not exceeding ten hours each working day; and for such work the person so employed to be allowed, exclusive of his or her board, $2 for each day's work on account of such fine and cost.

[People v. Cotton, 14 Ill. 414; McKindley v. Rising, 28 Ill. 337; Poople v. Greer,

43 Ill. 213; Ex parte Bollig, 31 Ill. 88; Ewbanks v. Ashley, 36 Ill. 177; Jacksonville v Cone, 36 Ill. 507; Tisdale v. Minonk, 46 Ill. 9.

69. Jurisdiction of justices, etc.] § 8. Any and all justices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof.

70. Constable or sheriff may serve process, etc.] $ 9. Any constable or sheriff of the county may serve any process, or make any arrests authorized to be made by any city officer.

71. Jurisdiction over waters-street labor.] § 10. The city or village government shall have jurisdiction upon all waters within or bordering upon the same, 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 not more than one dollar and fifty cents per day. [As amended by act approved April 10, 1875. In force July 1, 1875. L. 1875, p. 62. See SS 44, 215, 216.

ARTICLE VI.

OFFICERS - THEIR POWERS AND DUTIES.

72. Officers.] SEC. 1. There shall be elected, in all cities organized under this act, the following officers, viz.: a mayor, a city council, a city clerk, city attorney, and a city treasurer.

73. Other officers – duties of city marshal.] 2. The city council may, in its discretion, from time to time, by ordinance passed by a vote of two-thirds of all the aldermen elected, provide for the election by the legal voters of the city, or the appointment by the mayor, with the approval of the city council, of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other officers as may by said council be deemed necessary or expedient. The city council may, by a like vote, by ordinance or resolution, to take effect at the end of the then fiscal year, discontinue any office so created, and devolve the duties thereof on any other city officer; and no officer filling any such office so discontinued shall have any claim against the city on account of his salary, after such discontinuance. The city marshal shall perform such duties as shall be prescribed by the city council for the preservation of the public peace, and the observance and enforcement of the ordinances and laws; he shall possess the power and authority of a constable at common law, and under the statutes of this State.

[Sheridan v. Colvin, 78 Ill. 237.

74. Appointments- vacancies – duties - powers.] § 3. All officers of any city, except where herein otherwise provided, shall be appointed by the mayor (and vacancies in all offices except the mayor

and aldermen shall be filled by like appointment) by and with the advice and consent of the city council. The city council may, by ordinance not inconsistent with the provisions of this act, prescribe the duties and define the powers of all such officers, together with the term of [*225] any such office; Provided, the term shall not exceed two years. [See SS 15-18, 32.

75. Oath-bond.] § 4. All officers of any city or village, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability.

Which oath or affirmation, so subscribed, shall be filed in the office of the clerk. And all such officers, except aldermen and trustees, shall, before entering upon the duties of their respective offices, execute a bond with security, to be approved by the city council or board of trustees, payable to the city or village, in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city or village; Provided, however, that in no case shall the mayor's bond be fixed at a less sum than three thousand dollars ($3,000); nor shall the treasurer's bond be fixed at a less sum than the amount of the estimated tax and special assessments for the current year- which bonds shall be filed with the clerk (except the bond of the clerk, which shall be filed with the treasurer).

76.

Commission-certificate-delivery to successors.] 5. All officers elected or appointed under this act (except the clerk, aldermen and mayor, and trustees) shall be commissioned by warrant, under the corporate seal, signed by the clerk and the mayor or presiding officer of the city council or board of trustees. The mayor or president of the board of trustees shall issue a certificate of appointment or election, under the seal of the corporation, to the clerk thereof, and any person having been an officer of the city or village shall, within five days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession, belonging to the city or village, or appertaining to his said office; and upon his refusal to do so, shall be liable for all the damages caused thereby, and to such penalty as may by ordinance be prescribed.

77. Qualification of officers.] § 6. No person shall be eligible to any office who is not a qualified elector of the city or village, and who shall not have resided therein at least one year next preceding his election or appointment, nor shall any person be eligible to any office who is a defaulter to the corporation. [See Officers," ch. 102, 2, 4. 78. Not interested in contracts, etc.] 7. No officer shall be directly or indirectly interested in any contract, work or business of the city, or the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance; nor in the purchase of any real estate or other property

belonging to the corporation, or which shall be sold for taxes or assess ments, or by virtue of legal process at the suit of said corporation.

[See "Officer," ch. 102, §§ 3, 4; Village of Dwight v. Palmer, 74 Ill. 295.

79. Bribery-penalty.] § 8. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in whole or in part, to be promised, offered or given to any member of the city council or board of trustees, or any officer of the corporation, after or before his election or appointment as such officer, any moneys, goods, right in action, or other property or any thing of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may by law be brought before him in his official capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or undertaking to make the same under any agreement or understanding that his vote, opinion, judgment or action shall [*226] be influenced thereby, or shall be given in any question, matter, cause or proceeding then pending, or which may by law be brought before him in his official capacity, shall, upon conviction, be disqualified from holding any public office, trust or appointment under the city or village, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or by a fine not exceeding $5,000, or both, in the discretion of the court. Every person offending against either of the provisions of this section shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury or in any court in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. [See Criminal Code," ch. 38, 31, 35. 80. Mayor, etc., not to hold other office.] 9. No mayor, alderman, city clerk, or treasurer, shall hold any other office under the city government during his term of office. [See "Officer," ch. 102, $2, 4.

81. Duties of clerk.] § 10. The clerk shall keep the corporate seal, to be provided under the direction of the city council or board of trustees, and all papers belonging to the city or village; he shall attend all meetings of the city council or board of trustees, and keep a full record of its proceedings in the journal; and copies of all papers duly filed in his office, and transcripts from the journals and other records and files of his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced.

82. Record of ordinances.] § 11. The clerk shall record, in a book to be kept for that purpose, all ordinances passed by the city council or board of trustees, and at the foot of the record of each ordinance so recorded shall make a memorandum of the date of the passage and of the publication or posting of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the

passage and legal publication or posting of such ordinances for all purposes whatsoever.

Bar v Village of Auburn, 89 Ill. 361.

83. Conservators of the peace-powers.] $12. The trustees in villages, the mayor, aldermen and the marshal and his deputies, policemen and watchmen, in cities, if any such be appointed, shall be conservators of the peace; and all officers created conservators of the peace by this act, or authorized by any ordinance, shall have power to arrest, or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance of the city or village, or any criminal law of the State, commit for examination, and if necessary, detain such persons in custody over night or Sunday in the watch house, or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers as conservators of the peace, as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal warrants to whomsoever directed, may be served and executed within the corporate limits of any such city or village by any policemen of such city or village; such policemen being hereby clothed with all the common law and statutory power of constables for such purposes. [As amended by act approved June 14, 1883. In force July 1, 1883. L. 1883, p. 58.

49

[See § 21; Bryan v. Bates, 15 Ill. 87; Main v. McCarty, 15 Ill. 441; Marsh v. Smith, Ill. 396; Schlencker v. Risley, 3 Scam. 483; Case v. Hall, 21 Ill. 635.

84. Compensation of mayor.] § 13. The mayor of any city shall receive such compensation as the city council may by ordinance direct, but his compensation shall not be changed during his term of office. [See § 244.

85. Compensation of aldermen and trustees.] § 14. The aldermen and trustees may receive such compensation for their services as shall be fixed by ordinance; Provided, however, such compensation shall not exceed three dollars to each alderman or trustee for each meeting of the city council, or board of trustees, actually attended by him, and no other compensation than for attendance upon such meetings shall be allowed to any aiderman or trustee for any services whatsoever. Such compensation shall not be changed, after it has been once established, so as to take effect as to any alderman or trustee voting for such change, during his term of office. [See $244.

86. Compensation of other officers.] § 15. All other officers may receive a salary, fees or other compensation to be fixed by ordinance, and after the same has been once fixed, such fees or compensation shall not be increased or diminished, to take effect during the term for which [*227] any such officer was elected or appointed; and every such officer shall make and return to the mayor, or president of the board of trustees, a semi-annual report, verified by affidavit, of all such fees and emoluments received by him. [See "Fees and Salaries," ch. 53, § 38.

87. Administering oaths.] § 16. The mayor of any city, and the clerk of any city or village, shall have power to administer oaths and affirmations upon all lawful occasions.

ARTICLE VII.

OF FINANCE.

88. Fiscal year.] SEC. I. The fiscal year of each city or village organized under this act shall commence at the date established by law