such street, lane, alley or highway. Such order shall specify what part thereof is to be altered, straightened or widened; and after the passage of such resolution said council shall give notice, by publication in some public newspaper published in said city of Pekin, of their intention to appropriate and take land, necessary for such improvement. At any time, after publishing such notice, as aforesaid, for three successive times, it shall be lawful for said council to choose, by ballot, three disinterested freeholders, residing in said city, as commissioners, to ascertain and assess the damage and recompense due the owners of such land, respectively; and at the same time determine what property will be benefited by such improvement, and assess the damage and expense thereof on the real estate so benefited, in proportion, as nearly as may be, to the benefits resulting to each lot or parcel of property.

duty.

§ 3. The commissioners shall be sworn faithfully to exe- Commissioner' cute their duty, to the best of their ability; and, before entering upon their duties, shall give five days' notiee to all persons who are residents of said city and who are known to them to be interested in the proceedings; which notice may be given to such person or persons personally or by leaving the same at his, her or their usual place of abode, of the time and place of their meeting for the purpose of viewing said premises. But if any person or persons, known to said commissioners, are not residents of said city, notice of the time and place of their meeting shall be published twice in some newspaper published in said city; the first publication to be at least twenty days before the time of meeting. Said commissioners shall view the premises and receive any legal evidence, and may, if necessary, adjourn from day to day. § 4. The commissioners, in making their assessment, Appraisement. shall determine and appraise to the owner or owners the value of the real estate appropriated for such improvement and the injury arising to them, respectively, from the condemnation thereof; which shall be awarded to such owner or owners, respectively, as damages, after allowing therefrom for any benefit which such owner or owners may derive from such improvement. In estimating such damage the commissioners shall include the value of the buildings, (if the property of the owner of such land.) If the damage estimated to any person be greater than the benefits received from such improvement, or if such benefit be greater than such damage, in either case the commissioners shall strike a balance and carry the difference forward to another column, so that the assessment may show what is to be received or paid by the owner or owners, respectively, and the difference only shall, in any case, be collectable of them or paid to them.

§ 5. If the lands and buildings belong to different persons, or, if the land be subject to lease or mortgage, the

Award of ommissioners.

Removal of build. ings.

Notice of confir

cll.

injury done to such person or persons, respectively, may be awarded to them by the commissioners, less the benefits resulting to them, respectively, from the improvement.

86. Having ascertained the damages and expense of such improvement, as aforesaid, the commissioners shall thereupon apportion and assess the same, together with the costs of the proceedings, upon the real estate by them deemed benefited, in proportion to the benefits resulting thereto from the improvements, as nearly as may be, and shall describe the real estate upon which their assessment shall be made. When completed the commissioners shall sign and return the same to the common council of said city, within forty days after their appointment.

7. If there should be any building standing, in whole or in part, upon the land to be taken, the commissioners shall also estimate the value of the building to the owner, aside from the value of the land, and the injury in having such building taken from him, and the value of such building to him to remove; and if such owner shall be willing to remove such building he shall be allowed such time for that purpose as the commissioners shall allow; but if the owner shall refuse to remove the building or take it at the value put upon it by the commissioners, for the purpose of removal, said commissioners shall sell such building, at public or private sale, for cash; and the proceeds shall be paid to the owner or deposited to his use; and the amount for which such building shall be sold shall be paid to him or deposited to his use; the same shall be deducted from the amount of damages assessed to him for lands and building, both, as specified in the 4th section of this act, and the difference only shall be paid to such owner or owners.

87. When the assessment has been returned by the mation by coun- commissioners the clerk of said city shall give notice, by at least two publications in some newspaper published in said city, that said assessment has been returned, and that on a certain day, in said notice to be named, said assessment will be confirmed by the common council of said city, unless objection be made by some person interested. Objections may be heard before the council, and they may adjourn the hearing, from day to day, and shall have power to annul said assessment, in whole or in part. If the whole is annulled, or the whole proceedings, if confirmed, an order to that effect shall be entered. If annulled, in part or confirmed in part, an order to that effect.shall be entered; and said council may refer said matter back to said commissioners, or any part thereof; and in such case the commissioners shall proceed, in all respects, as upon their first appointment; and upon notice, as above required, the council may confirm or annul, as in this act specified in regard to the first return of the commissioners. Said council shall have power to remove commissioners, and, from time to time, appoint others in the

place of such as may be removed, refuse or neglect or be unable, from any cause, to serve.

§ 8. Any person interested may appeal from any final Right of appeal order confirming the assessment of such commissioners, in whole or in part, of any final order directing the opening or widening or straightening any street, lane, alley or highway, to the circuit court of Tazewell county, by notice, in writing, to the mayor or clerk, at any time. before the expiration of thirty days from the passage of such final order. In case of appeal the common council shall, within thirty days after notice of such appeal, make a return of all the proceedings. And the court shall, at the next term after the return filed in the office of the circuit clerk of said county, hear and determine such appeal, and confirm or annul the proceedings. When such assessment shall be confirmed, in whole or in part, by the common council of said city, and no appeal shall be taken, or when such assessment, upon appeal, shall be confirmed, in whole or in part, upon such appeal, it shall be the duty of said council to cause the amount, as assessed against each lot, to be certified to the clerk of the county court of said county, whose duty it shall be to extend the amount so assessed upon the lots and parcels of land specified; and it shall be the duty of the collector of taxes for the state and county to collect such tax and assessment and to enforce the payment thereof, in the same manner, with all the rights, power and authority he has to collect state and county taxes, and shall be required to pay over the same to the corporate order of said city, at the same time he is required to pay over the county revenue. And the county court of said county shall render judgment and order sale of any lot or track, for the nonpayment of the tax or assessment, as returned by said common council, as is now or may be provided for state and county taxes; and judgments and sale shall be rendered for the aggregate amount due for county, state and town or city taxes. The collector shall collect or't feeF. receive the same compensation for collecting such assessment or tax as for collecting other taxes, and shall be subject to the same liabilities. No land shall be appropriated, by virtue of this act, until the damages awarded therefor to any owner thereof shall be paid or tendered to such owner, or, in case such owner cannot be found in the city, deposited to his or her credit in some place of deposit.

APPROVED February 20, 1861.

In force February AN ACT to amend an act entitled "An act to incorporate the City of Peo20, 1881. ria," in force December 3d, 1844, and the several acts amendatory thereto.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Time of holding time for holding the annual charter election in the city of

election.

Continuance

&c.

in

Peoria, for mayor, aldermen and other city officers of said city, shall be and the same is hereby changed from the last Monday in November, of each year, to the second Tuesday of March, of each and every year, and that the first election for said officers, under this act, shall take place and be held on the second Tuesday of March, A. D., 1862, and forever thereafter, on the second Tuesday of March, of each and every year.

2. That the mayor of said city, who was elected on office of mayor, the 26th day of November, A. D., 1860, shall hold over and remain in said office until the third Tuesday of March, A. D., 1862, and until his successor shall be qualified; and that the aldermen of said city, whose term of office will expire, under the ordinances of said city on the first Tuesday in December, A. D., 1861, shall hold over and remain in office until the third Tuesday in March, A. D., 1862; and the aldermen of said city whose term of office will expire, under the ordinances of said city, on the first Tuesday in December, A. D., 1862, shall hold over and remain in office until the third Tuesday of March, A. D., 1863; and the clerk, attorney, assessor, treasurer, collector, marshal, deputy marshal and the two police constables of said city, who were elected on the twenty-sixth day of November, A. D., 1860, shall hold over and remain in their respective offices until the third Tuesday of March, A. D., 1862, and until their successors shall be elected and qualified.

Clerk, attorney and other ofticera

§ 3. The clerk, attorney, assessor, treasurer, collector and marshal of said city, who may be elected on the second Tuesday of March, A. D., 1862, and those who may be elected to said offices every year thereafter, shall hold their respective offices for one year, from the first Tuesday following their said election, which will be the third Tuesday of March, and until their successors shall be elected and qualified. And in case a vacancy, from any cause, shall occur in any of the offices mentioned in this section, the same shall be immediately filled by an election or appointment by the city council of said city; and the officer thus elected or appointed, shall serve out the unexpired term of the officer in whose place he may be chosen, and shall be subject to all the laws, rules and liabilities regulating other city officers.

8 4. In case of a tie vote between any two or more candidates for any one of the said offices, at any election of the qualified voters of the said city, or in case the election of any of said officers shall be contested, the same shall be de

termined by the city council of said city, in the same manner as is or may be provided by the ordinances of said city for determining a tie vote or a contested election of mayor or aldermen of said city.

Removal from of

5. That the said city council shall have power to pro- fice. vide, by ordinance, for the removal from office of any officer of said city, elected either by the qualified voters of said city or by the said city council, for incompetency, negligence, dereliction or violation of duty; and whenever the said council shall deem it the interest of said city to make such. removal. And the ordinance and ordinances of said city, now in force in regard to the subject matter of this section, and applicable to such officers as may be elected by the said city council, shall and the same are hereby made applicable to officers elected by the qualified voters of said city; and the said ordinance and ordinances shall remain and continue in force, without repassing, until the same be changed or amended by the said city council: Provided, that this section shall not apply to mayor or aldermen of said city.

6. That the office of deputy marshal of the said city Deputy marshal. be and the same is hereby abolished, from and after the third Tuesday of March, A. D., 1862.

§ 7. That from and after the third Tuesday of March, Police. A. D., 1862, the mayor of said city shall have power and authority, and it is hereby made his duty, to appoint such number of police constables, on the day and night police, as said city council shall deem necessary, with power to remove the same from office, at pleasure, or whenever, in the opinion of the said mayor, the interests of said city require such removal, and to appoint others in their places. Said appointments to continue in force until the removal from office or the death or resignation of said officers.

§ 8. That so much of any act of the general assembly. or any ordinance of the city of Peoria as provides for the election or appointment of any of said police constables, by the qualified voters of said city, or by the city council of said city, be and the same is hereby repealed, from and after the third Tuesday of March, 1862.

9. That the city council of said city shall have power official bonds. to prescribe the duties of all city officers, and shall, whenever they deem the interest of the said city require it, compel any city officer to give such additional security on his official bond as may be approved of by the said city council, and shall have power to remove him from office, in case he fails or refuses to comply with any such requirement.

etc.

§ 10. That the said city council shall have power, by Houses of ill fame, ordinance, to restrain, suppress and abate houses of ill fame, bawdy houses and houses of assignation, within the limits. of said city of Peoria, and within five miles from the outer boundaries of said city; and shall have power to impose fines and penalties upon any person or persons for keeping,