Monthly report.

with, all taxes and moneys appropriated, raised or received for each fund of the corporation, and shall keep a separate account of each fund, and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund raised for the purpose for which the warrant was issued.

SEC. 10. The treasurer shall render to the clerk on the first Monday of every month, if required, a report of the amounts received and credited by him to each fund, and on what account received, and the amounts paid out by him from each fund during the preceding month, and the amount of money remaining in Annual report. each fund on the day of his report. He shall also exhibit to the council annually on the first Monday in March, and as often and for such period as the council shall require, a full and detailed account of the receipts and disbursements of the treasury since the date of his last annual report, classifying them therein by the funds to which such receipts are credited and out of which such disbursements are made, and the balances remaining in each fund; Filing and pub- which account shall be filed in the office of the clerk, and shall be published in one of the newspapers of the village if any be published therein.

lication of the

same.

Treasurer's vouchers.

Not to use public moneys for

SEC. 11. Said treasurer shall take vouchers for all money paid from the treasury, showing the amount and fund from which payment was made, which vouchers upon settlement with the proper officers of the village shall be surrendered and filed with the village clerk.

SEC. 12. The treasurer shall keep all moneys in his hands beprivate purposes longing to the village separate and distinct from his own moneys, and he is hereby prohibited from using, either directly or indirectly, the corporation moneys, warrants, or evidences of debt in his custody or keeping, for his own use or benefit, or that of any other person; any violation of the provisions of this section shall work a forfeiture of his office, and the council, on proof of the fact, are authorized to declare the office vacant and appoint his successor for the remainder of his term.

Penalty.

Powers and duties of marshal.

Shall keep record of arrests, etc.

SEC. 13. The village marshal shall be the chief of the police of the village. As police officer he shall be subject to the direction of the president and council. It shall be his duty to see that all the ordinances and regulations of the council, made for the preservation of quiet, good order, and for the safety and protection of the in habitants of the village, are promptly enforced. As peace officer he shall within said village be vested with all the powers conferred upon sheriffs for the preservation of quiet and good order. He shall serve and execute all process directed or delivered to him, in all proceedings for violations of the ordinances of the village. Such process may be served any where within the county in which said village is located.

SEC. 14. The marshal shall keep a record of all arrests and the cause thereof, and shall enter therein, within twenty-four hours after any person shall be arrested, the name of the person so arrested, the cause of the arrest, the age and nationality of the person arrested, and if discharged without being taken before a court, the

reason for such discharge, which record shall be the property of the village.

SEC. 15. The marshal shall report in writing and on oath to the Monthly report. council at their first meeting in each month, all arrests made by him and the cause thereof, and all persons discharged from arrest during the month; also the number remaining in confinement for breaches of the ordinances of the village; the amount of all fines and fees collected by him. All moneys collected or received by the Weekly payment marshal, unless otherwise directed by this act, shall be paid into received. the village treasury during the same week when received, and the treasurer's receipt therefor shall be filed with the clerk.

of moneys

SEC. 16. The marshal may collect and receive the same fees for Fees. services performed by him as are allowed to constables for like services.

duties of sur

veyor.

SEC. 17. The village surveyor shall have and exercise within the Powers and village, the like powers and duties as are conferred by law upon county surveyors; and the like effect and validity shall be given to his official acts, surveys, and plats as are given by law to the acts and surveys of county surveyors. He shall make all necessary plats, maps, surveys, diagrams, and estimates required by the council or officers of the village, relating to the public improvements, buildings, grounds, and streets of the village; and all plats, maps, surveys, and diagrams made by him as such surveyor shall be the property of the village, and shail be delivered by him to his successor in office.

duties of street

SEC. 18. It shall be the duty of the street commissioner to per- Powers and form, or cause to be performed, all such labor, repairs, and improve commissioner. ments upon the highways, streets, sidewalks, alleys, bridges, reservoirs, drains, culverts, sewers, public grounds, and parks, within the village, as the council shall direct to be done by or under his supervision; and to oversee and do whatever may be required of him in relation thereto by the council.

SEC. 19. He shall make a report to the council, in writing and Monthly report. on oath, once in each month, giving an exact statement of all labor performed by him, or under his supervision, and the charges therefor; the amount of material used, and the expense thereof, and the street or place where such material was used, or labor performed; and further showing the items and purpose of all expenses incurred since his last preceding report.

constable.

SEC. 20. The constable of the village shall have the like powers Powers and and authority in matters of civil and criminal nature, and in rela- authority of tion to the service of all manner of process, as are conferred by law upon constables in townships, and shall receive the like fees for his services. He shall have the power also to serve all process issued for breaches of the ordinances of the village; and shall be subject to the same liabilities and duties as constables elected in townships.

SEC. 21. The assessor shall perform such duties in relation to as- Duties of assesssessing property and levying taxes in the village as are prescribed or. by this act.

SEC. 22. The president and trustees shall serve without compen- compensation of sation. All other officers, except where other provision is made officers.

herein or by law regulating fees for services, shall receive such compensation as the council shall prescribe.

CHAPTER V.

1877 рго

Authority, and
of whom com-

posed.

President.

President pro
tempore.

Stated meetings.

VILLAGE COUNCIL.

SECTION 1. The legislative authority of villages subject to the provisions of this act shall be vested in a council consisting of the president and trustees.

SEC. 2. The president of the village shall be president of the council, and preside at the meetings thereof.

SEC. 3. On the second Monday in April in each year, or as soon thereafter as may be, the council shall appoint one of their number president pro tempore of the council, who in the absence of the president shall preside at the meetings thereof, and exercise the powers and duties of president. In the absence of the president and president pro tem., the council shall appoint one of their number to preside.

SEC. 4. The council shall hold regular stated meetings for the transaction of business, at such times as it shall prescribe, not less than one of which shall be held in each month. The president or Special meetings. any three members of the council may appoint special meetings thereof, notice of which, in writing, shall be given to each trustee, or be left at his place of residence, at least twenty-four hours before the meeting.

Quorum.

SEC. 5. All meetings and sessions of the council shall be public. A majority of the council shall make a quorum for the transaction of business; a less number may adjourn from time to time, and compel the attendance of absent members in such manner as shall be prescribed by ordinance. But no office shall be created or abolof trustees elect. ished, nor any tax or assessment be imposed; street, alley, or public ground be vacated, real estate or any interest therein sold or disposed of, unless by a concurring vote of two-thirds of all the Vote on appro trustees elect. No money shall be appropriated except by ordi

Acts requiring a
two-thirds vote

priations.

Manner of con-
ducting business
of council.

Officers prohibi-
ted from being

interested in any
contract.
Proviso.

Penalty.

Style, vote on
passage, etc,

nance or resolution of the council; nor shall any ordinance be passed, nor any resolution appropriating money be adopted, except by a concurring vote of all the trustees elect.

SEC. 6. The council shall prescribe the rules of its own proceedings, and keep a record thereof. All votes for special improvements, or appropriating money, shall be taken by yeas and nays, and shall be so entered upon the journal.

SEC. 7. No member of the council, nor any officer of the corporation, shall be directly or indirectly interested in any contract or service made by, or to be performed for the corporation: Provided, That this shall not prevent officers receiving compensation authorized by this act. Any violation of the provisions of this section shall work forfeiture of the office, and on proof thereof, the council may declare the office vacant.

CHAPTER VI.

ORDINANCES.

SECTION 1. The style of all ordinances shall be: "The village of ordains." All ordinances shall require, for their passage,

the concurrence of a majority of the council. No ordinance imposing a penalty shall take effect in less than twenty days after its passage.

violation.

SEC. 2. The council may impose penalties for violating the ordi- Penalties for nances of the village, but no fine shall exceed one hundred dollars, nor imprisonment exceeding ninety days; and if imprisonment be adjudged in any case, it may be in the village prison, or in the county jail of the county in which the village is located, in the discretion of the court.

SEC. 3. All ordinances, when regularly enacted, shall be recorded Record of ordiby the clerk of the council, in a book to be called "the record of nances, etc. ordinances," and it shall be the duty of the president and clerk to authenticate the same by their official signatures upon such record.

publication.

SEC. 4. Within one week after the passage of any ordinance, the Publication. same shall be published in a newspaper printed in the village, if any is published therein, otherwise copies of the ordinance shall, within the same time, be posted in three of the most public places in the village; and the clerk shall, immediately after such publi- Certificate of cation or posting, enter in the record of ordinances, in a blank space to be left for such purpose under the record of the ordinance, a certificate under his hand, stating the time and place or places of such publication or posting. Such certificates [certificate] shall Legal value of be prima facie evidence of the due publication and posting of the same. ordinance.

court.

SEC. 5. Whenever it shall be necessary to prove any of the laws, Proof of ordiregulations, or ordinances of any village, or any resolution adopted nances, etc., in by the council thereof, the same may be read in all courts of justice and in all proceedings:

First, From a record thereof kept by the village clerk; Second, From a copy of the ordinance, or of the record thereof, certified by the clerk under the corporate seal of the village;

Third, From any volume of ordinances purporting to have been written or printed by authority of the council.

suits for viola

SEC. 6. Any justice of the peace of the village, or of the town- Who may try ship in which the village or some part of it is situated, shall have tion of ordiauthority to hear, try, and determine all causes and suits aris- nances. ing under the ordinances of the village, and to inflict punishments for violations thereof, as provided in the ordinances.

SEC. 7. Whenever a penalty shall be incurred for the violation of Recovery of any ordinance, and no provision shall be made for the imprison- penalties. ment of the offender upon conviction therefor, such penalty may be recovered in an action of debt, or in assumpsit. And when a corporation shall incur a penalty for the violation of any such ordinance, the same shall be sued for in one of the actions aforesaid.

may be confined

SEC. 8. Every village shall be allowed the use of the jail of the Village prisoners county in which it is located, for the confinement of all persons in county jail. liable to imprisonment under the ordinance thereof, or under any of the provisions of this act; and the sheriff, or other keeper of such jail, or other place of confinement or imprisonment, shall receive and safely keep any person committed thereto as aforesaid, until lawfully discharged. In all cases of imprisonment for

Expenses of

same.

Setting forth of ordinance in complaint, pleadings, etc.

Statement of

breaches of the penal laws of this State, such receiving and keeping in such jail shall be at the expense of the county in which the village is located; in all other cases it shall be at the expense of the village.

SEC. 9. It shall not be necessary in any suit, proceeding, or prosecution for the violation of any ordinance to state or set forth such ordinance or any of the provisions thereof, in any complaint, warrant, process, or pleading therein; but the same shall be deemed sufficiently set forth or stated by receiving [reciting] its title and the date of its passage or approval. And it shall be a sufficient statein complaint, etc. ment of the cause of action in any such complaint or warrant, to set forth substantially, and with reasonable certainty as to time and place, the act or offense complained of, and to allege the same to be in violation of an ordinance of the village, referring thereto by its title and the date of its passage or approval.

cause of action

Appeal to circuit court.

Village prison, etc.

Security for

costs in certain cases.

Powers and authority, and exercise thereof.

SEC. 10. Any person convicted of a violation of any ordinance of the village may appeal to the circuit court for the county in which the village is located, which appeal shall be taken within the same time and in the same manner as is provided by law for appeals from judgments rendered by justices of the peace.

SEC. 11. The council shall have power to provide and maintain a village prison, and such watch or station houses as may be

necessary.

SEC. 12. In all prosecutions for violations of the ordinance of the village, commenced by any person other than the [an] officer of the village, the court may require the prosecutor to file security for the payment of the costs of the proceedings, in case the defendant is acquitted.

CHAPTER VII.

POWERS OF COUNCIL.

SECTION 1. Every village subject to the provisions of this act shall, in addition to such other powers as are conferred, have the general power and authority granted in this chapter, and the council may pass such ordinances in relation thereto as they may deem proper, namely:

First, To restrain and prevent vice and immorality;

Second, To punish vagrants, disorderly persons, and common prostitutes;

Third, To abate nuisances, and preserve the public health; Fourth, To prohibit and suppress disorderly and gaming houses; Fifth, To regulate, license, or suppress billiard tables and ball alleys;

Sixth, To suppress gaming;

Seventh, To license saloons, taverns, and eating-houses; Eighth, To regulate and license public shows and exhibitions; Ninth, To license auctioneers, and to regulate or prohibit sales of property at auction, except sales made pursuant to some of order of court or public law;

Tenth, To license and regulate hacks and other public vehicles;