[244]

the name of "The village of ," and justices of the peace and police magistrates shall have jurisdiction over such suits; and all fines and money so collected shall be paid into the village treasury.

192. Police magistrates. 15. There may be a police magistrate elected at a regular annual election in each village, who shall give bonds, qualify, and have the same jurisdiction as other justices of the peace, and hold his office for four years, and until his successor is elected and qualified.

[See 221; Ticknor v. McClelland, 84 Ill. 475.

193. No incorporation allowed under former laws. $16. After the taking effect of this act, no town or city shall become incorporated under any other general law then in force for the incorporation of towns or cities.

CHANGING FROM CITY TO VILLAGE.

AN ACT to amend an act entitled "An Act to provide for the incorporation of cities and villages," approved April 10th, A. D. 1872, in force July 1, 1872. [Approved May 29, 1879. In force July 1, 1879. L. 1879, p. 68.]

194. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the said act entitled, "An act to provide for the incorporation of cities and villages," be amended by adding the following section thereto :

Changing from city to village. §2. That it shall be the duty of the mayor and common council of any city, upon the petition of onefourth of the legal voters thereof, and upon ten days previous notice of such application by the city clerk published in some newspaper printed in said city, or by posting such notices in five of the most public places within said city, for said period in case no such newspaper is printed in said city, to fix the time and call an election to decide whether said city shall be organized into a village. That said election shall be governed by the provisions of sections fifty (50), fifty-six (56) and fifty-seven (57) of said act, and the legal voters at said election shall vote for or against the organization of said city into a village, and the tickets shall be written or printed "For Village Órganization,' or Against Village Organization," and if there shall be a majority of the votes cast at said election in favor of the organization of said city into a village, then said city shall be a village within the meaning of said act under its former name so changed, and shall succeed to all the rights and be liable for all the debts and legal liabilities of said city, and the mayor of said city shall, within ten days after said election, give notice of the time and place for the election of trustees as near as may be, as provided for under sections one hundred and eighty-four (184) and one hundred and eighty-five (185) of said act, who shall hold their offices until the next regular election; Provided, that after one election shall have taken place, no other election for a like purpose until one year shall have elapsed.

FERRIES AND BRIDGES.

AN ACT to enable cities and villages, incorporated under any general or special law of this State, to acquire by purchase, lease or gift, establish, maintain, license and regulate ferries, bridges, the approaches thereto and tolls thereon. [Approved May 22, 1877. In force July 1, 1877. L. 1877, p. 61.]

*195. License and regulate. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be lawful for the corporate authorities of any city or village, now or hereafter incorporated under any special or general law of this State, to acquire by purchase, lease or gift, and maintain, license and regulate ferries and bridges, so acquired, and the approaches thereto, not exceeding four acres of land for each ferry or bridge, within the corporate limits or within five miles of the corporate limits thereof, and from time to time fix the tolls thereon. [See § 62, items 28, 87.

[NOTE.This act supersedes the one on same subject, approved March 27, 1874. See R. S. 1874, P. 244]

BRIDGES, ETC., OUTSIDE OF CITY LIMITS.

AN ACT to enable cities and villages to build, acquire and maintain bridges and ferries outside of their corporate limits and to control the same. Approved and in force May 5, 1879 L. 1879, p. 71.]

*196. Cities and villages may construct, etc., ferries and bridges. SEC. 1. That it shall be lawful for any city or village within this State to build or acquire by purchase, lease or gift, and to maintain ferries and bridges and the approaches thereto, for each ferry or bridge within the corporate limits, or at any point within five (5) miles of the corporate limits, of such city or vil lage. That all such ferries and bridges shall be free to the public, and no toll shall ever be collected by any such city or village authority: Provided, that where any city or village has become or is the owner of any toll bridges or ferries, and is keeping up and maintaining the same by authority of law, all ownership and rights vested in such city or village shall continue in, and be held and exercised by them, and they may from time to time fix the rates of toll on such bridges and ferries: nd provided further, that in all cases where a bridge shall hereafter be built or a ferry acquired across a navigable stream by any city or village, in whole or in part, where the population of such city or village furnishing the principal part of the expenses thereof shall not exceed five thousand (5,000) inhabitants, and where it is necessary to maintain a draw and lights, and a debt shall be incurred by such city or village for such purpose, then a reasonable toll may be collected by the city or village contracting such indebtedness, to be set apart and appropriated to the payment of such indebtedness, interest thereon and the expenses of keeping such bridge in repair, and of maintaining, opening and closing the proper draws therefor, and lights: or in case of a terry, of keeping the approaches and boat in repair and operating the same. As amended by act approved May 25, 1881. In force July 1, 1881. L. 1881, p. 57.

TRAVEL ON BRIDGES IN CITIES, TOWNS, ETC.

AN ACT to regulate the manner of travel upon bridges, the whole or a part of which are owned or controlled by cities, villages, and towns of this State, and to provide for the enforcing of the same. [Approved and in force May 13, 1879. L. 1879, P. 75.] *199. Penalty for fast driving on such bridges. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whoever shall ride or drive faster than a walk,

over any bridge in this State, owned or controlled, either the whole or a part thereof, by any city, village or town of this State, shall, for each offense, be fined in a sum not exceeding ten dollars nor less than one dollar; Provided, that a notice shall be posted on such bridge, warning against riding, or driving, on such bridge faster than a walk, such fine to be recovered, with costs, before any justice of the peace or police magistrate of the county where the offense is committed, upon sworn complaint in writing, upon which a warrant for the arrest of the offender shall issue, and it shall be the duty of every constable of the county, and every marshal, policeman and police constable, and all other officers of such city, village or town, owning or controlling the whole or in part such bridge having the power to make arrests, whenever aforesaid offense is committed in the view of such officer or officers, to forthwith take in custody the person or persons so committing aforesaid offense, and bring him or them before any justice of the peace or police magistrate of the county, to be dealt with according to law, and such officer so taking in custody such offender, or any officer of such city, village or town, owning or controlling the whole or a part of such bridge where such offense is committed, may make the complaint upon which warrant shall issue against the offender, all fines collected under this act, shall be paid into the common school fund of the county. WHEREAS, the law is inadequate for the protection of bridges which are owned or controlled, the whole or a part thereof, by cities, villages and towns of this State, therefore an emergency exists, and this act shall take effect from and after its passage.

ANNEXING AND EXCLUDING TERRITORY.

AN ACT to provide for annexing and excluding territory to and from cities, towns and villages, and to unite cities, towns and villages. [Approved April 10, 1872. In force July 1, 1872. L. 1871-2, p. 264.]

[City of Galesburg v. Hawkinson, 75 Ill. 152; Covington v. City of St. Louis, 78 III. 548.

200. Petition to be annexed-annexing. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That on petition, in writing, signed by not less than three-fourths of the legal voters, and by the owners of not less than three-fourths (in value) of the property in any territory contiguous to any city or incorporated village or town, and not embraced within its limits, the city council or board of trustees of said city, village or town (as the case may be) may, by ordinance, annex such territory to such city, village or town, upon filing a copy of such ordinance, with an accurate map of the territory annexed (duly certified by the mayor of the city or president of the board of trustees of the village or town), in the office of the recorder of deeds in the county where the annexed territory is situated, and having the same recorded therein; Provided, that no portion, less than the whole of an incorporated city, town or village, shall be annexed to another incorporated city, town or village, except in the mode provided in this act for the annexation of the whole of an incorporated city, town or village, to another city, town or village.

201. Annexing one corporation to another. § 2. Any incorporated city, village or town may be annexed to another incorpo

rated city, village or town, by ordinance passed by a two-thirds vote of all the aldermen or trustees elect of each corporation desiring annexation; Provided, such annexation shall not affect or impair any rights or liabili ties either in favor of or against such corporations; and suits founded upon such rights and liabilities may be commenced, and pending suits may be prosecuted and carried to final judgments and execution, the same as if such annexation had not taken place. In making such [*245] annexation, the corporations so uniting may, by ordinance, fix the terms of the annexation, which shall have the force and effect of a binding contract; Provided, however, that no such ordinance shall be of any binding force or effect until submitted to a vote of the legal voters of such city, town or village at a general election thereof, and adopted by a majority of all the voters voting thereon at such'election, notice of which shall be given at the same time and in the same manner as required for the election of the officers of such city, town or village; And, provided, also, that the vote shall be by ballot, which shall be "for union ordinance," or "against union ordinance," and shall be received, canvassed and returned the same as ballots for municipal officers of such city, town or village.

202. Proceedings by corporation to annex territory. 3. When any incorporated city, village or town shall desire to annex any contiguous territory thereto, and the same shall not have been petitioned for as provided in section one of this article, it shall be lawful for the city council or board of trustees of such city, village or town, by a two-thirds vote of all the aldermen or trustees elect, by ordinance or resolution, to authorize the mayor of such city or the president of the board of trustees of such village or town, to petition the circuit court of the county in which the territory desired to be annexed or a major part thereof is situated, praying such annexation to be made. The petition shall contain a copy of such ordinance or resolution, and an accurate map of the territory which it is desired to annex, showing all such subdivisions that shall have been made therein. Such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard; Provided, that nothing in this section contained shall authorize said petition to be filed unless the territory so sought to be annexed (except territory intervening between a city and town, or two or more cities or towns, desiring to become united under this act), shall contain an actual resident population of at least one hundred and fifteen inhabitants to each section or fractional part of a section so sought to be annexed-which said fact shall be alleged in said petition and proved on the hearing thereof, the same as any other allegation in said petition.

[City of Galesburg v. Hawkinson, 75 Ill. 152.

203. Notice of proceedings. 4. When it shall be determined to present such petition, the mayor or president of the board of trustees (as the case may be) shall cause notice of the time and place where and when the petition will be or has been filed, and at what term of court the hearing thereof will be had, and setting forth the boundaries or a general description of the territory proposed to be annexed-to be

given by publication at least once in each week, for two successive weeks, in some newspaper published in the county where the petition is filed or to be filed (or, if no newspaper is published in such county, then in the nearest newspaper published in this State), and by posting up notices at least fourteen days before such time of hearing, in at least three of the most public places in the territory proposed to be annexed, and a like number in the city, village or town to which it is desired to annex such territory.

204. Objection to annexation— trial. § 5. The legal voters resident upon the territory thus proposed to be annexed, or any of them, or any owner of land therein, or any voter of such city, village or town, may appear at such hearing and show cause why such annexation should not be made; and the court, or a jury impaneled for that purpose (no member of the jury so impaneled shall be a resident of the corporation or territory to be annexed, nor of the town or towns in which said corporation or territory may be situated), shall hear all competent evidence that may be offered by either party; and the court may continue the hearing from time to time, for any cause, and make all proper orders in regard to the hearing, giving of notices and other disposition of the

case.

205. Finding-costs, etc. § 6. If, upon the hearing, the court or the jury shall find that such territory ought to be annexed to such city, village or town, and can be so done without injustice to the inhabitants or persons interested, the court shall so order. If the court or jury shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners; and no subsequent petition [*246] shall be presented for the annexation of any of the territory embraced in such petition, within one year from the time of entering such order; Provided, that new trials may be granted as in other jury cases.

206. Proceedings by owner to be annexed. § 7. When not less than a majority in number of the legal voters or the owner or owners of any tract or tracts of land, contiguous to any incorporated city, village or town, shall, by petition, in writing, signed by them, and filed in the circuit court of the county where such territory or a major part thereof is situated, pray to be annexed to such city, village or town, the like proceedings may be had thereon, and with the like effect, as in case of a petition by a city, village or town; Provided, a copy of the notice required to be given shall be left with the mayor of such city, or president of such village or town, at least ten days before such petition is heard.

207. Proceedings to disconnect. § 8. Whenever a majority of the legal voters of any territory within any city, town or village, and being upon the border and within the boundary thereof, shall petition the circuit court of the county in which such city, town or village is situated, praying to be disconnected therefrom, such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard, and like proceeding shall be had as is required by sections four, five and six of the act for the annexation of territory to such city, town or village; Provided, that the provisions of