Eleventh, To provide for and regulate the inspection of provision, firewood, and hay, on the public markets;

Twelfth, To provide for the inspection of weights and measures; Thirteenth, To prohibit bathing in [the] public waters of the village;

Fourteenth, To regulate or prohibit the selling or storing of combustible or explosive materials within the village, and to regulate and restrain the making of fires in the streets or other open spaces in the village;

Fifteenth, To purchase and regulate cemeteries;

Sixteenth, To make ordinances for the organization and regulation of the fire department, and for the prevention and extinguishment of fires;

ity to enact ordi

Seventeenth, To enact all ordinances and make all such regula- General authortions, not in violation of the constitution and general laws of the nances. State, as may be necessary for the safety and good government of the village and the general welfare of its inhabitants.

SEC. 2. The council of any village may make such provisions as support of poor. they shall deem expedient, for the support and relief of poor per

sons residing in the village.

masters, etc.

SEC. 3. The council may provide and maintain one or more Pounds, poundpounds within the village, and may appoint poundmasters, prescribe their powers and duties, and fix their compensation, and shall have the same authority concerning pounds, as township boards have by the general law, except as herein otherwise provided.

SEC. 4. Any village may acquire, purchase, and erect such pub- Public buildings, lic buildings as may be required for the use of the corporation, and real estate, etc. may purchase, appropriate, and own such real estate as may be necessary for public grounds, parks, markets, public buildings, and other purposes necessary or convenient for the public good, and for the execution of the powers conferred in this act; and such buildings and grounds, or any part thereof, may be sold at public sale, or leased, as occasion may require.

house, etc.,

SEC. 5. When the council shall deem it for the public interest, Prison, pestgrounds and buildings for the village prison, hospital, pest-house, beyond corporate cemetery, and water-works may be purchased, erected, and main- limits. tained beyond the corporate limits of the village; and in such cases the council shall have authority to enforce beyond the corporate limits of the village, and over such lands, buildings, and property, in the same manner and to the same extent as if they were within the village, all such ordinances and police regulations as may be necessary for the care and protection thereof, and for the management and control of the persons kept or confined in such prison, pest-house, or hospital.

SEC. 6. The council shall have authority to lay out, establish, or Council may lay vacate and discontinue public parks and grounds within the village, out and control and to improve, light, and ornament the same, and to regulate the use thereof, and to protect the same and the appurtenances thereof from obstruction, encroachment, and injury.

SEC. 7. The council shall have supervision and control of all Supervision of public highways, public highways, bridges, streets, avenues, alleys, sidewalks, and Bridges, etc.

Construction of sidewalks and cross-walks.

Council may require owners

of lots to con

public grounds within the village, and shall have the like authority over the same as is given by the general laws of this State.

SEC. 8. The council shall have control of all sidewalks in the public streets and alleys of the village, and may prescribe the grade thereof, and change the same when deemed necessary. They shall have the power to construct and maintain sidewalks and cross-walks in the public streets and alleys, and charge the expense of the sidewalks upon the lots and premises adjacent to and abutting upon such walks.

SEC. 9. The council shall also have authority to require the owners and occupants of lots and premises to construct and mainadjacent thereto, tain sidewalks in the public streets adjacent to and abutting upon such lots and premises, and to keep them in repair at all times, and to construct and lay the same upon such lines and grades, and of such width, materials, and manner of construction, and within such time, as the council shall by ordinance or resolution prescribe, and to keep the same free from obstructions, snow, ice, filth, or any nuisance.

In case of fail

construct.

Expense of

SEC. 10. If the owner or occupant of any lot or premises shall ure council may fail to construct or maintain any particular sidewalk as mentioned and prescribed in the last section, the council may cause such sidewalk to be constructed or repaired at the expense of such owner or occupant, and the amount of all expenses incurred by the council thereby shall be levied as a special assessment upon the lot or premises adjacent to and abutting upon such sidewalk.

same.

Signs, awnings, etc.

Council may establish streets,

etc.

Manner of acquiring private property for such purpose.

SEC. 11. The council shall have power to regulate and prohibit the placing of signs, awnings, awning-posts, and of other things upon or over sidewalks, and to regulate or prohibit the construction and use of openings in the sidewalks, and of all vaults, structures, and excavations under the same.

SEC. 12. The council shall have power to lay out and establish, sidewalks, open, make, and alter such streets, lanes, and alleys, sidewalks, water-courses, highways, water-courses, and bridges as they may deem necessary for the public convenience; and if they shall require the lands of any person for such purpose, the said president and trustees shall give notice to the owner or party interested, his, her, or their agent or attorney, either by personal service or by written notice posted in at least three public places in said village, three weeks next preceding the meeting of the said president and trustees for the purpose aforesaid, and the said council are hereby authorized to contract for and purchase such lands of such owners for the purpose aforesaid; and in case such owner or owners refuse to sell cannot be made. Or convey such lands or premises for the purpose aforesaid, or the

Council may purchase.

Proceedings when purchase

Jury.

parties fail to agree, it shall and may be lawful for the council to order and direct the clerk to issue a venire facias, directed to the marshal, or to any constable of the county in which said village or any part thereof may be situate, commanding him to summon and return a jury of twelve disinterested freeholders, residing without the limits of said village, to appear before any justice of the peace of said village at a time to be therein stated, to inquire into the necessity of using such grounds or premises, and the just compen

premises, assess

sation to be made therefor to the owner or owners of or to the person or persons interested in such lands or premises; which jury Jury to view being first duly sworn by said justice faithfully and impartially to damages, etc. inquire into the necessity of using such lands or premises, and the just compensation to be made therefor, and after having viewed the premises, if they shall deem it necessary for the village to use said lands, shall inquire and assess such damages and recompense as they may think proper to award to the owner or owners of such lands and premises according to their respective estates and interests therein; and the said justice shall, upon the return of such Judgment. assessment or verdict, render judgment therefor, confirming the same; and such sum or sums so assessed, together with the costs, Payment of shall be paid or tendered, or, in case the party entitled to such damages. damages and compensation is not a resident of such village, then upon deposit of the amount for his benefit with the treasurer of said village, before such street, lane, alley, or highway shall be opened, established, or altered, to the claimant or claimants thereof. It shall thereupon be lawful for the president and trustees to cause the said lands and premises to be occupied and used for the purposes aforesaid: Provided, That any party claiming Proviso—appeal damages as aforesaid may have the right to remove such proceed- to circuit court. ings by appeal to the circuit court for the county in which such proceedings were had, upon giving notice of his, her, or their intention so to do, to said justice, in writing, within ten days, or in case such party does not reside in said village, then within thirty days after the rendition of such verdict and the judgment thereon as aforesaid; and, upon filing a transcript of the proceedings aforesaid, duly certified by said justice, within forty days after the verdict and judgment as aforesaid in the said circuit court, the same proceedings shall thereafter be had thereon as is prescribed by law in other cases of appeal: Provided, That if the final judg- Proviso relative ment of said court shall not exceed the damages assessed before to costs. the said justice at least five dollars the party appealing shall pay the costs occasioned by such appeal.

CHAPTER VIII.

IMPROVEMENTS AND ASSESSMENTS.

ments to be paid

SECTION 1. The cost and expense of the following improvements, Certain improveincluding the necessary lands therefor, viz: for public buildings for from general and offices for the use of the village officers, engine-houses, and fund. structures for the fire department, for water-works, cemeteries, and parks, watch-houses, village prisons, and lands appropriated for streets, shall be paid from the proper general funds of the village. When, by the provisions of this law, the cost and expenses of any Making of local or public improvement may be defrayed in whole or in part special assessby special assessment upon lands abutting upon and adjacent to, or otherwise benefited by the improvement, such assessment may be made as in this chapter provided.

ments.

SEC. 2. There shall be a board of assessors in every village, con- Board of assesssisting of three members, who shall be freeholders and electors in ors, their comthe village, to be appointed by the council. They shall take the duties.

pensation aud

Amount of special assess

ment to be

lution of coun

cil.

constitutional oath of office. The compensation shall be prescribed by the council. Special assessments, authorized by this act, shall be made by such board. If a member of the board shall be interested in any special assessment directed by the council, they shall appoint some other person to act in his stead in making the assessment, who, for the purposes of that assessment, shall be a member of the board.

SEC. 3. When the council shall determine to make any public improvement and defray the whole or any part of the cost and exdeclared by reso- penses thereof by special assessment, they shall so declare by resolution stating the improvement, and what part or proportion of the expenses thereof shall be paid by special assessment, and what part, if any, from the general funds of the village, and shall designate the district or lands and premises upon which the special assessments shall be levied.

Estimates, plats, etc., deposited with village

clerk.

Notice thereof.

What cost and expense shall include, and

assessments.

per

SEC. 4. Before ordering any public improvement, any part of the expense of which is to be defrayed by special assessment, the council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the village clerk for public examination; and they shall give notice thereof and of the proposed improvement or work, and of the district to be assessed, by publication for two weeks at least in one of the newspapers of the village, if any be published therein, or if not, by posting notices in three public places in the village.

SEC. 5. The costs and expenses of any improvement which may be defrayed by special assessment shall include the costs of surveys, cent of special plans, assessments, and costs of construction. In no case shall the whole amount to be levied by special assessment upon any lot or premises for any one improvement exceed twenty-five per cent of the value of such lot or land, as valued and assessed for State and county taxation in the last preceding tax roll. Any cost exceeding that per cent, which would otherwise be chargeable on such lot or premises, shall be paid from the general funds of the village.

Special assessments, when levied.

Assessment roll.

SEC. 6. Special assessments, to defray the estimated cost of any improvement, shall be levied or collected before the making of the improvement.

SEC. 7. When any special assessment is ordered, the board of assessors shall make out an assessment roll, entering and describing therein all lots, premises, and parcels of land to be assessed, with the names of the persons (if known) chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in proportion to the benefits such property shall receive from the making such local improvement, Report of com- and when such assessment is completed the board shall report the same to the council.

pletion.

Special assessment filed with village clerk.

Notice of meet. ing to review.

SEC. 8. When any special assessment shall be reported by the board of assessors to the council, as in this chapter directed, the same shall be filed in the office of the village clerk, and numbered. Before adopting the assessment, the council shall cause notice to be published for two weeks at least in some newspaper of the vil

lage, if any be published therein, or if not, to be posted in three public places for the same length of time, of the filing of the same with the clerk, and appointing a time when the council and board of assessors will meet to review the assessment. Any person ob- Objections filed jecting to the assessment may file his objections thereto with the clerk.

with clerk.

disposition of

SEC. 9. At the time appointed for that purpose as aforesaid, the Review, corcouncil and board of assessors shall meet, and there, or at some ad-rection and journed meeting, review the assessment; and the council shall roll. correct the same if necessary, and confirm it as reported or as corrected; or they may refer the assessment back to the board for revision, or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed, the Certificate of village clerk shall indorse a certificate thereof upon the roll, show- tion. ing the date of confirmation.

date of confirma

final.

SEC. 10. When any special assessment shall be confirmed by the Confirmation council, it shall be final and conclusive; but no such assessment shall be confirmed, except by the concurrence of two-thirds of the Vote thereon. council.

lien on land and

SEC. 11. All special assessments shall, from the date of the con- Assessments a firmation thereof, constitute a lien upon the respective lots or par- charge against cels of land assessed, and shall be a charge against the persons to persons. whom assessed until paid.

assessments to

SEC. 12. Should any special assessment prove insufficient to pay Additional for the improvement or work for which it was levied, and the ex- supply deficiency penses incident thereto, the council may, within the limitations prescribed for such assessments, make an additional pro rata assessment to supply the deficiency; and in case a larger amount Surplus refunded shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.

to be made in

SEC. 13. Whenever any special assessment shall, in the opinion New assessments of the council, be invalid by reason of irregularity or informality case of irregularin the proceedings, or if any court of competent jurisdiction shall ity. adjudge such assessment to be illegal, the council shall, whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which

the former assessment was made. All the proceedings on such re- Proceedings. assessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment, and whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the re-assessment on said premises, and the re-assessment shall to that extent be deemed satisfied.

direct collection

SEC. 14. When any special assessment shall be confirmed, and be Council may payable as herein before provided, the council may direct the assess- of such assessment so made in the special assessment roll to be collected; and ment. thereupon, the village clerk shall attach his warrant to a certified copy of said special assessment roll, therein commanding the village marshal to collect from each of the persons assessed in said roll the amount of money assessed to and set opposite his name