Road labor.

Failure to work on streets.

Suits and prosecations.

Serving of procens.

at any regular election the said city council shall have power to appoint one in his stead, to act until his successor is elected and qualified.

§ 10. The inhabitants of the city of Shawneetown are hereby exempted from working on any road extending outside the city limits. And the city council shall provide for all the resident paupers.

11. The city council shall have power, for the purpose of keeping the streets and alleys and wharf in repair, to require, by ordinance, every able bodied male inhabitant in said city, over twenty-one years of age, to work on said streets, alleys and roads, not exceeding five days in each and every year.

§ 12. Whenever any inhabitant of said city, liable to do road labor, shall violate any ordinance requiring him to perform such labor, by failing or refusing to perform the same, after due notice, the street commissioner shall report his name to the city judge, who shall forthwith issue his warrant, commanding the city marshal to bring such inhabitant before the said judge, who shall try him, as in other cases, for violating a city ordinance; and, if convicted, he shall be fined one dollar for each day he shall fail to work on said streets or alleys or wharf.

§ 13. The city council shall cause to be published in the newspaper in said city having the largest circulation or by posting a written notice in each ward, annually, on the first Monday in May, a complete statement of all moneys received and expended; and said statement shall be certified to be correct by the mayor and city treasurer.

§ 14. All suits and prosecutions, instituted by the corporation hereby created, shall be instituted and prosecuted in the name of the city of Shawneetown; and all actions commenced by and all fines and forfeitures which have accrued to the president and trustees of Shawneetown shall be vested in and prosecuted by the corporation hereby created; and all the rights which have accrued to said president and trustees and all their property, held for the use of the inhabitants of Shawneetown, shall be vested in the corporation hereby created.

15. The city council shall have power to levy a poll tax, of not exceeding one dollar, against each legal voter of said city, for city purposes.

16. Whenever the city marshal is unable or refuses to serve any process issued by the city judge the same may be served by the sheriff or any constable of Gallatin county.

§ 17. All fines and forfeitures, recoverable by indictment or action, for any offense committed within the limits of said city, shall be paid into the city treasury, for the use of the city.

18. This act is hereby declared to be a public act; to be in force from and after its passage, and may be read, in evidence, in all the courts of this state, without proof.

§ 19. No money shall ever be borrowed by the city council, unless the ordinance therefor shall first be submitted and voted for by a majority of the voters voting at an election for that purpose, except for constructing or repairing a levee.

jurors.

ter.

and

§ 20. No person shall be incompetent to serve as a wit- Witnesses ness or juror in any suit when the city of Shawneetown is a party, by reason of his being an inhabitant of said city; and all ordinances of the president and trustees of Shawneetown shall remain in force till repealed by the city council. § [21.] The president and trustees of the town of Shaw- Vote upon char neetown shall cause an election to be held in said town, giving ten days' notice thereof, on the second Monday in March next; at which time all legal voters residing within the limits described in section second, of the first article of this act, shall vote for or against the adoption of this charter; and if a majority of the votes polled at such election are in favor of the adoption of said charter it shall immediately take effect as law; otherwise it shall be of no legal effect. But if a majority of said legal voters, at said election, shall not be in favor of the adoption of this charter, it may be submitted for adoption by said voters at any time within twelve months-the said president and trustees giving ten days' notice of an election to be held for that purpose.

[22.] It is hereby made the duty of the said president and trustees to open and examine the poll books, and to announce the result of all elections under this charter, until the said city council shall be elected and qualified; and it is hereby made the duty of the town clerk, and the city clerk thereafter, to certify to the county clerk of Gallatin county the election of said city judge; and the county clerk shall thereupon, without delay, certify the election of said city judge to the governor of the state, as in cases of certifying the elections of justices of the peace; and all acts or parts of acts or laws in any wise conflicting with this act are repealed from and after the passage and adoption of this charter. APPROVED February 22, 1851.

AN ACT to amend the charter of the City of Springfield.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section two of article two, and section one of article three of the charter of the city of Springfield, and also section two of "An act

In force February 21, 1861.

to amend the charter of the city of Springfield," approved February the eighteenth, A. D. eighteen hundred and fiftynine, be and the same are hereby so amended, that the annual charter election of the city of Springfield of all officers of said corporation, required to be elected by the charter of said city, or any ordinance thereof, shall hereafter be held on the second Tuesday of April in each year; and upon that day, the mayor, the city clerk, the city attorney, the city marshal, the city assessor and collector, the city treasurer, and city supervisor, shall be elected by the qualified voters of said city. There shall also be elected at the same time, in each ward, by the qualified voters thereof, one alderman, to represent such ward in the city council. All officers elected or appointed under said charter, except aldermen, shall hold their offices for one year, and until the election or appointment and qualification of their successors respectively. All other officers mentioned in said charter, and not otherwise Appointment of specially provided for, shall be appointed by the city council, by ballot, on the third Monday of April, in each year, or as soon thereafter as may be; but the city council may specially authorize the appointment of watchmen and policemen by the mayor, to continue in office during the pleasure of the city council, and subject to removal from office by the mayor, for good cause. All officers elected or appointed to fill vacancies, shall hold for the unexpired term only, and until the election or appointment and qualification of their

officers.

City engineer.

Petitions.

Town Branch.

successors.

§ 2. So much of section seven of article two, or any provision of the city charter, or of the amendments thereof, as requires all officers of the city, or persons elected to office under the provisions of the charter of the city of Springfield, to be qualified voters, at city elections, shall not be held to apply to the office of city engineer; but the city council of said city may appoint any person to fill said office of engineer or surveyor, who may be a citizen of the United States, and who shall have resided in this state one year previous to his appointment to said office.

§ 3. So much of section three of article eight of the charter of the city of Springfield, as provides that a petition shall be presented to the city council, by a majority of the owners of real estate before the levy and collection of a special tax on the real estate, for the purpose of constructing any sewer or drain within any district, shall not be held to apply to the sewering of the Town Branch in said city. In such case, no petition shall be necessary.

Be it further enacted, that the 22nd section of an act entitled "An act to amend the charter of the city of Springfield," approved February 18th, 1859, be and the same is hereby so amended as to give to the city council of said city the power to sewer the water course in said city, known as the "Town Branch," by sections. The power is hereby

expressly conferred to lay off said Town Branch into as many sections and sewer districts, as to said city council may seem proper, and to build a sewer in any one of said sections and sewer districts, in pursuance of the provisions of said act.

TREASURY DEPARTMENT.

§ 4. There shall be, after the next annual election, and Controller. there is hereby established in the city of Springfield, an executive department of the municipal government of said city, to be known and styled the "Treasury Department," which shall embrace a city controller, the city treasurer, and the city collector or collectors, and all or any receivers of the city revenues, which are now or may be appointed by law, and all such clerks and assistants, including an auditor, as the city council may, by ordinance, see fit to prescribe and establish.

5. The said treasury department shall have control of all the fiscal concerns of the said corporation, and shall prescribe the forms of keeping and rendering all city accounts whatever; and all accounts rendered to or kept in the several departments of the city government, shall be subject to the revision and inspection of the officers of this department. It shall settle and adjust all claims whatever for the corporation or against them, and all accounts whatsoever, in which the corporation is concerned, either as debtor or cred

itor.

Business of the

city treasury de.

partment.

CITY CONTROLLER.

§ 6. There shall, after the next annual election in said official bond. city, be appointed, by a vote of a majority of all the aldermen elected to the city council, some discreet and able accountant, to be styled the "City Controller," who shall be chief of said treasury department and hold his office until removed or a successor be appointed; who shall receive such compensation for his services as may be established by law, and who shall be removable at all times by vote of twothirds of all the aldermen elected to the city council; and he shall give bonds, with securities, to the amount of not less than ten thousand dollars; and the amount of his bond may be increased to such sum as may be fixed by the city council; said bond to be approved by the mayor and city council and filed in the city clerk's office, and entered on record. He shall also be sworn the same as other officers to the faithful discharge of the duties of his office.

ties.

7. The controller shall, immediately after his appoint- Controller's dument, open and keep in a neat, methodical manner, a complete set of books, under the direction of the mayor and finance committee, wherein shall be stated, among other

Adjustment claims.

Warrants treasurer.

of

on

things, the appropriations of the year for each distinct object and branch of expenditure, and also the receipts from each and every source of revenue so far as he can ascertain the same. Said books, and all papers, vouchers, contracts, bonds, receipts, and other things kept in said office, shall be subject to the examination of the mayor, the members of the city council, or any committee or committees thereof.

8. The controller shall be charged with, and shall exercise a general supervision over all the officers of the city charged in any manner with the receipt, collection or disbursement of the city revenues, and the collection and return of such revenues into the city treasury. He shall be the fiscal agent of said city, and as such shall have charge of all deeds, mortgages, contracts, judgments, notes, bonds, debts, or choses in action, belonging to said city, and shall possess and carefully preserve all assessments and tax warrants, and the returns therof made by any collector or receiver of taxes and assessments, and all leases of markets, and other public property of said city. He shall also have supervision over the city debts, contracts, bonds, obligations, loans and liabilities of the city, the payment of interest, and over all the property of the city, and the sale or the disposition thereof; over all legal or other proceedings, in which the interests of the city are involved, and, with the approval of the mayor, to institute or discontinue such proceedings, and to employ additional counsel, where he thinks the interests of the city require it, and, generally, in subordination to the mayor and city council, to exercise such supervision over all interests of said city as in any manner may concern or relate to the city finances, revenues and property.

It shall be the controller's duty to examine, adjust, and audit all accounts, claims and demands, for or against the city; and no money shall, after his appointment, as aforesaid, be drawn from the treasury, or paid by the city to any person or persons unless the balance due or payable be first established and adjusted by the said controller; and for the purpose of ascertaining the true state of any balance or balances so due, he shall have and he is hereby clothed with full power and authority to administer an oath or oaths to the claimant or claimants or any other person or persons whom he may think proper to examine as to any fact, matter or thing concerning the correctness of any account, claim or demand presented, and the person so sworn shall, if he swear falsely, be deemed guilty of willful and corrupt perjury, and be subject to punishment accordingly, the same as in all other cases.

§ 10. All money found to be due and payable by the controller to any person or persons, shall be drawn for by said controller by warrant on the treasurer, which shall be countersigned by the mayor, stating therein the particular fund or appropriation to which the same is chargeable and