be sent by mail to the person by whom such overpayment was made, and upon proper proofs the same shall be repaid. 1681. Special assessment — when city may advance to pay damages. $66. In case said special assessment shall be made for the purpose of paying the compensation awarded for the taking or damaging of private property for public use, payments may be made as provided herein in the case of contracts let, and the acceptance by the owner of any lot, piece or tract taken or damaged of the vouchers issued shall be deemed paymeut to said owner or owners of said compensation, and upon proof thereof, an order of possession may be entered as is now provided: Provided, that after a special assessment has been confirmed to pay for property' taken or damaged for public use, the city council in cities, and the president and board of trustees in villages may appropriate and advance a sufficient amount to pay the compensation awarded, or so much of the same as shall not have been paid by acceptance of vouchers as herein provided. Provided, however, that such appropriation and advancement shall in no way affect the collection of said assessment, but the same shall be collected in the same manner as though said appropriation had not been made: And provided, further, that when such assessment shall have been collected, that the same, together with the interest thereon, shall be paid into the general fund of said city, incorporated town or village, in liquidation of the amount so advanced. 168m. When collected by instalment. § 67. In all cases where special assessments have been made, but not confirmed, it shall be lawful for any city, incorporated town or village, through its legislative body, to provide by ordinance that said assessment may be collected by instalments under the provisions of this act. 168n. Emergency. 68. It is hereby declared that an emergency exists, and therefore this act shall be in force from and after its passage. ARTICLE X. (MISCELLANEOUS PROVISIONS.) — WATER. 169. Water-borrow money. SEC. 1. The city council or board of trustees shall have the power to provide for a supply of water by the boring and sinking of artesian wells, or by the construction and regulation of wells, pumps, cisterns, reservoirs or water works, and to borrow money therefor, and to authorize any person or private corporation to construct and maintain the same at such rates as may be fixed by ordinance, and for a period not exceeding thirty years; also to prevent the unnecessary waste of water; to prevent the pollution of the water, and injuries to such wells, pumps, cisterns, reservoirs or water works. [See § 242-249. 170. Acquiring property for water works — jurisdiction over. 2. For the purpose of establishing or supplying water works, any city or village may go beyond its territorial limits, and may take, hold and acquire property by purchase or otherwise; shall have power [*241] to take and condemn all necessary lands or property therefor, in the manner provided for the taking or injuring private property for public uses; and the jurisdiction of the city or village to prevent or punish any pollution or injury to the stream or source of water, or to such water works, shall extend five miles beyond its corporate limits, or so far as such water works may extend. [See § 214; also "Eminent Domain," ch. 47. 171. Regulations-rates, taxation, etc. 3. The city council or board of trustees shall have power to make all needful rules and regulations concerning the use of water supplied by the water works of said city or village, and to do al! acts and make such rules and regulations for the construction, completion, management or control of the water works, and for the levying and collecting of any water taxes, rates or assessments, as the said city council or board of trustees may deem necessary and expedient; and such water taxes, rents, rates or assessments may be levied or assessed upon any lot or parcel of ground, having a building or buildings thereon, which shall abut or adjoin any street, avenue or alley in such city or village through which the distributing pipes of such water works (if any) of said city or village are or may be laid, which can be convenie ntly supplied with water from said pipes; Provided [whether], the water shall be used on such lot or parcel of ground or not; and the same, when so levied or assessed, shall become a continuing lien or charge upon such lot or parcel of ground, building or buildings, situated thereon, and such lien or charge may be collected or enforced in such manner as the city council may, by ordinance, prescribe. And the corporate authorities may levy a general tax for the construction and maintenance of such water-works, and appropriate money therefor. [Prindiville v. Jackson, 79 Ill. 337. 172. Tax payer may enforce rights in name of city, etc. 4. A suit may be brought by any tax payer, in the name and for the benefit of the city or village, against any person or corporation, to recover any money or property belonging to the city or village, or for any money which may have been paid, expended, or released without authority of law; Provided, that such tax payer shall file a bond for all costs, and be liable for all costs in case the city or village be cast in the suit, and judgment shall be rendered accordingly. 173. Maps-approval of. 5. The city council or board of trustees shall have power to provide, by ordinance, that any map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or of any piece or parcel of land, shall be submitted to the city council or board of trustees, or to some officer to be designated by such council or board of trustees, for their or his approval; and in such cases no such map, plat or subdivision shall be entitled to record in the proper county, or have any validity until it shall have been so approved. [See "Recorders," ch. 115, § 13. 174. Inhabitants competent as jurors, etc. § 6. No person shall be an incompetent judge, justice or juror, by reason of his being an inhabitant or freeholder in said city or village, in any action or proceeding in which said city or village may be a party in interest. 175. Population-census. § 7. Whenever in this act any provision thereof is based upon the number of inhabitants [the number of inhabitants] of the city or village shall be determined by reference to the latest census taken by authority of the United States, or this State, or of such city or village; and it shall be the duty of the secretary of State, upon the publication of any State or United States census, to certify to each city or village the number of inhabitants, as shown by such census. Any city or village may, by ordinance, provide for the taking of a census of the population thereof, in order to determine the number of such population for any and all purposes of this act. And the several courts in this State shall take judicial notice of the population of any city or village, as the same may appear from the latest Federal, State, city or village census so taken. 176. Municipal year. § 8. The term "municipa! year" shall be construed to mean the period elapsing between the regular [* 242] annual elections unless otherwise provided by ordinance. 177. City or village need not give appeal bond. § 9. When in any suit the city or village prays an appeal from the judgment of any court of this State to a higher court, it shall not be required to furnish an appeal bond. ARTICLE XI. OF THE ORGANIZATION OF VILLAGES. 178. By incorporated towns. SEC. 1. Any town in this State incorporated either under any general law for the incorporation of towns, and acts amendatory thereof, or under any special act for the incorporation of any town or village, may become organized as a village, under this act, in the manner following: Whenever any thirty voters in such town shall petition the president and trustees thereof to submit the question whether such town will become organized as a village, under this act, to the decision of the legal voters thereof, it shall be the duty of such president and trustees to submit the same accordingly; and to fix a time and place within such town for holding such election; and to appoint the judges to hold such election; and to give notice of the time, place and purpose of such election by causing at least five notices thereof to be posted in public places in such town, for at least fifteen days prior to holding such election. [Village of Glencoe v. People, 78 Ill. 382. 179. Ballot. § 2. Each qualified voter, resident within such town or proposed village, shall have the right to cast a ballot at such election, with the words thereon, For village organization under the general law," or "Against village organization under the general law." 180. Returns-canvass-record. 3. The judges of such election shall make returns thereof to the president and trustees of the town, as soon as practicable after such election is held; and it shall be the duty of the president and trustees to canvass such returns, and cause a statement of the result of such election to be entered upon the records of the town. 181. Result-old officers continue until, etc. § 4. If a majority of the votes cast at such election are for village organization under the general law, such town shall, from thenceforth, be deemed to be duly incorporated as a village under this act; but the town officers then in office shall continue as like officers of such village until their successors shall be elected or appointed under the provisions of this act. 182. New organization—how effected. § 5. Whenever any area of contiguous territory, not exceeding two square miles, shall have resident thereon a population of at least three hundred inhabitants, and which territory is not included within the limits of any incorporated town, village or city, the same may become incorporated as a village, under this act, in the manner following: Any thirty legal voters resident within the limits of such proposed village may petition the county judge of the county in which they reside, to cause the question to be submitted to the legal voters of such proposed village, whether they will organize as a village under this act. And if the territory described in said petition shall be situated in more than one county, then the petition shall be addressed to the judge of the county court of the county where a greater part of such territory is situated. Such petition shall be addressed to the county judge, contain a definite description of the lands intended to be embraced in such village, the number of inhabitants resident therein, and the name of such proposed village. [See $ 175. 183. Petition-election-returns. § 6. Upon the filing such petition in the office of the county clerk, it shall be the duty of such judge to perform the same duties in reference to fixing the time and place of such election, giving notice appointing judges thereof, as is above required to be performed by the president and trustees in towns already incorporated. The returns of such election shall be made to the county judge, who shall call to his assistance any two justices of the peace, and canvass such returns, and cause a statement of the result of such election to be entered upon the records of the county [*243] court. The second section of this article shall be applicable to such election. 184. Result - election of officers, etc. § 7. If a majority of the votes cast at such election is for village organization under the general law, such proposed village, with the boundaries and name mentioned in the petition, shall from thenceforth be deemed an organized village under this act, and the county judge shall, thereupon, call and fix the time and place of an election to elect village officers, and cause notice thereof to be posted or published, and perform all other acts in reference to such election, in like manner, as nearly as may be, as he is required to perform in reference to the election of officers in newly-organized cities. But the term of office of trustees elected at such election shall terminate as soon as their successors are elected and qualified, at the regular annual election. 185. Trustees - corporate name-powers. 8. In each village organized under this act, there shall be elected by the qualified electors therein six trustees, who shall hold their office until their successors are elected and qualified. At the first election held hereafter there shall be elected the full number of trustees. At the first meeting of the board of trustees held after said first election, the trustees elected shall be divided by lot into two classes; those of the first class shall continue in office for one year, and those of the second for two years, from the date of the annual election for that municipal year, and annually thereafter there shall be elected three trustees, who shall hold their office for the term of two years, and until their successors are elected and qualified. The trustees shall choose one of their own number president; and such village shall, from the time of the first election held by it, under said act, be considered in law and equity a body corporate and politic, by the name and style of "The village of and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real and personal property necessary for corporate purposes, adopt a common seal and alter the same at pleasure, and possess all other powers as a corporation in this act conferred upon cities not exceeding five thousand inhabitants, except as herein otherwise expressly provided. And wherever the words city council" or " mayor in this act, the same shall be held to apply to the trustees and president of such village, so far as the same may be applicable. [As amended by act approved May 25, 1879. In force July 1, 1879. L. 1879, p. 67. . occur 186. Powers and duties of president and trustees. § 9. The president of the board of trustees shall perform the duties and exercise the powers conferred upon the mayor of a city not exceeding five thousand inhabitants, and shall have the right to vote as a trustee at any meeting of the trustees; but when he shall have so voted shall not have the right to give the casting vote; and the trustee shall perform the duties and exercise all the powers conferred upon aldermen in cities; and the president and board of trustees may exercise the same powers conferred upon the mayor and city council of cities of not exceeding five thousand inhabitants, and pass ordinances in like manner. The president of the board of trustees may exercise the same veto powers, and with like effect, as the mayor of a city; and the board of trustees may pass ordinances over such veto in like manner as a city council. 187. Style of ordinances. § 10. The style of ordinances passed in villages shall be as follows: "Be it ordained by the president and board of trustees of the village of ," (as the case may be). 188. Appointment of officers - prescribe duties and fees. 11. The president and board of trustees may appoint a clerk pro tempore, and whenever necessary to fill vacancies; and may also appoint a treasurer, one or more street commissioners, a village constable, and such other officers as may be necessary to carry into effect the powers conferred upon villages, to prescribe their duties and fees, and require such officers to execute bonds as may be prescribed by ordinance. 189. Powers of constable. § 12. The village constable shall have the same powers to make arrests, execute process, and perform other official acts as other constables under the general laws of the State, together with such other powers as may be conferred on him by ordi nance. 190. Annual election. 13. An annual election for three trustees and a clerk of villages shall be held on the third Tuesday of April in each year; Provided, that in villages the territorial limits of which coincide with the territorial limits of any township, an election for trustees and a clerk of villages shall be held at the same time and at the same polling places as the annual township election, to wit: On the first Tuesday of April in each year. Special elections may be held, under such regulations as may be provided by ordinance, to fill vacancies and for other purposes. [As amended by act approved and in force March II, 1881. L. 1881, p. 59. *Annual election. § 13. The annual election for trustees as provided in section eight, and for a clerk of the village, shall be held on the third Tuesday in April of each year, and special elections may be held, under such regulations as may be provided for by ordinance, to fill vacancies in any office elective at the annual election, and for other purposes. [As amended by act approved May 28, 1879. In force July 1, 1879. L. 1879, p. 67. [NOTE-The editor conceived it to be his duty to give both of these acts precisely as he found them, without comment.] 191. Suits-jurisdiction-fines, etc. § 14. Suits and prosecutions for the violations of any village ordinance may be prosecuted in |