a copy thereof to be filed in said court of which he is judge, and notice of the filing thereof to be issued forthwith by the clerk of said court to said commissioner, and that the same would be taken up at the next term of said court after the service of such notice upon said commissioner. The said judge shall sit as a special commissioner to try said charges, and the course of proceedings in said trial shall be governed by the general rules of procedure in the trial of misdemeanors in the courts of this state, excepting that no jury shall be allowed. Evidence may be given, either orally or by deposition, as in civil cases, and the said commissioners may each be interrogated upon oath, touching the matter contained in said charges; and if it shall appear to the satisfaction of such judge that the said commissioner or commissioners, charged as aforesaid, have been guilty of malfeasance in office, or of any breach of duty, either of commission or omission, under this act, which shall have been charged as aforesaid, the said judge shall order the removal of any one or more of said commissioners; and if the said judge shall, for any cause, remove any one or more of said commissioners from office before the expiration of the term of office, the city council shall thereupon appoint a commissioner or commissioners in the stead of those so removed, who shall fill such office for and during the unexpired term of the commissioner or commissioners so removed. terests. § 21. It shall be the duty of said commissioners, at least Taxes to pay inthirty days before the time fixed by the city ordinance for assessing city taxes, to make a special report to the city council of said city what, if any, sum will be needed by said commissioners, over and above the revenue of said corporation, to meet the payment of interest or principal of the bonds issued as aforesaid; and it shall be the duty of the city council to raise said amount by a special tax in the same manner as general taxes, to be designated water tax; and the said amount shall be paid over to the said corporation by the collector of said city. § 22. The said commissioners are hereby authorized to Right of way. enter upon any land or water for the purpose of making surveys, and to agree with the owner of any property which may be required for the purposes of this act, as to the amount of compensation to be paid to such owner. 23. In case of disagreement between the commissioners and owners of property which may, in the judgment of the commissioners, be required for any of the purposes specified in this act, as to the amount of compensation to be paid such owners, or in case any such owner shall be an infant, a married woman, or insane, or absent from this state; or in case of disagreement between the said commissioners and any owner or owners of property, touching the amount of damages arising from the construction of any Custody of fund«, part of the work authorized by this act, the said commissioners shall have the right to condemn said property, or to have the amount of such damages ascertained, or both; and the proceedings of the condemnation of such property, or the ascertainment of such damages, or both, shall conform as nearly as may be to those specified and provided in the act entitled "An act to amend the law condemning right of way for purposes of internal improvements," approved June 22, 1852, and the act or acts of which the same is an amendment. § 24. No account or claim against the said board shall be allowed, except by the vote of a majority of the said board. 25. No member or other officer of said board, and no member of the city council, shall, either directly or indirectly, receive any interest or profit whatsoever on account of the deposit of any of the funds belonging to the said commissioners, nor shall any member or other officer of the said board, or any member of the city council, either directly or indirectly, make use of or borrow any of the funds of the said commissioners for his own private benefit or advantage. The funds of the said commissioners remaining on hand shall, at all times, until disposed of, be kept deposited in such place or places of deposit as shall, by an order of said board, be directed-which order shall be entered upon the records of the said board. The said commissioners shall be liable upon their bond for the loss of any or all money coming into their possession or control as such commissioners. § 26. The funds of the said board shall be drawn out upon checks or drafts, regularly numbered, and payable to the order of the respective person or persons for whose benefit the same are intended, and briefly specifying for what purposes or account the same are drawn. A careful register of the checks or drafts shall be kept in the office of said board, and the original checks or drafts, when returned to said board, shall be carefully filed and preserved among the vouchers of the said board; and the said register and the said returned checks or drafts shall always be subject to the examination of the finance or any other committee appointed by the city council for such purpose; and it shall be the duty of the said finance committee, or some other committee, or of such other person or persons as may be appointed by the city council for such purpose, to examine the said register, and the cash accounts and the checks and drafts of the said board, at least once in three months, and oftener if the city council shall deem it expedient. Records and ac- § 27. It shall be the duty of the said commissioners to keep books of account, showing with entire accuracy the a mount of the receipts and expenditures of such board, in such manner as to enable the same to be readily understood counts. and investigated, and also to carefully preserve on file in their office vouchers for all their expenditures--which books and vouchers shall at all times be open to the examination of the finance committee of the city council, or any other committee, person or persons appointed by the city council for such purpose; and it shall be the duty of the said finance committee, or any special committee appointed for such purpose, at the time of the presentation of the semiannual reports of the said board to the council, as herein provided, to make a thorough examination of the books, accounts and vouchers of the said corporation, and to report, in writing, to the city council, the results of said investigation. 28. The said commissioners, as soon as they shall have Superintendent. decided by lot their respective terms, they and their successors annually thereafter, on the first Monday of May, shall elect a superintendent, who shall perform all such duties and acts as they, the said commissioners, have the power to perform by virtue of this act, and as they may adopt, by written order, and assign to such commissioner. The superintendent so elected may be removed at any time by a vote of all the members of the board. § 29. All contracts made and entered into by and with Contracts. the said board shall be made in writing, and of each contract two copies shall be taken, which shall be numbered and indorsed with the date of the contract, and with the name of the contractors, and a summary of the work to be done or materials to be furnished, one copy of which shall be retained by the said commissioners, and the other copy of which shall be filed with and kept and preserved by the clerk of said city among the files of said office. $30. The said commissioners, after they shall have decided by lot their respective terms, shall succeed to and take the control of the Springfield water works, (contract for the building of which has been entered into by and between the city of Springfield and Ennis & Eastman,) and also to succed to and take the control of such lot or lots of land as have been or may be purchased or procured for the use of said works. Said commissioners shall have the same powers, rights and privileges with respect to and to the control and regulation of said lands and works that said board would have had, had the lot or lots referred to been purchased by said commissioners, and the work contracted for with them and by their authority under this act: Provided, that nothing in this act shall be construed so as to interfere with or invalidate said contract; nor shall any thing contained in this act release or impair any of the obligations or provisions of that or any other contract by and with the said city of Springfield in relation to said water works. Superintendent's salary. Official bonds. Preservation of property. Proposals for contracts. § 31. The salary of said commissioners and superintendent shall be fixed by the city council of said city from time to time, as soon as may be after the passage of this act, and after each election as herein provided; and the amount of such salary shall not be reduced during the term for which said commissioners shall be elected. 32. Each commissioner, before entering upon the duties of his office, shall give bond to said city in such sum and with surety to the satisfaction of the city council of said city, conditioned for the faithful performance of his duties as such commissioner-the amount of which bond may be increased at any time, as the said city council may deem expedient; and the city council shall have the power to require the superintendent to give such bond to said city as it shall deem necessary and expedient. § 33. The city council may pass such ordinances as they shall deem necessary for the preservation of the property of said board and the water procured by said corporation, and annex such penalties in such amounts as they shall deem appropriate, not exceeding the sum of one hundred dollars. Said penalties may be collected before any police magistrate of said city, as other penalties are collected for violations of the ordinances of said city, whether said injury to said property or water shall be to the property or water within or without the city limits, and within the county of Sangamon: Provided, that nothing contained in this section, or in any ordinance passed in pursuance thereof, shall deprive the proper party of the right to have and maintain the proper action for damages caused by said injury or of any person to prosecute the offender for a violation of the criminal code of this state in its commission. § 34. Public notice shall be given of the time and place at which sealed proposals will be received for entering into all contracts with said corporation. All proposals for contracts shall be sealed, and be for sum certain as to the price to be paid or received, and no proposition which is not thus definite and certain shall be received or acted upon. § 35. Every person who shall enter into any contract shall give satisfactory security to the commissioners for the faithful performance of his contract according to its terms. $ 36. All acts or parts of acts heretofore in force, and inconsistent with the provisions of this act, are hereby repealed. 837. 21, 1861. AN ACT providing for the submission of the act incorporating the Springfield In force February Water Works Company of the City of Springfield to the qualified voters thereof. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That at a special election, hereby ordered to be held on Tuesday, the Special election. 12th day of March, A. D. 1861, the qualified voters of the said city of Springfield may vote for or against "An act to incorporate the Springfield Water Works Company," passed the 20th day of February, A. D. 1861. § 2. The question shall be submitted to the qualified voters, aforesaid, by ballot, to be written or printed or partly written or partly printed, "For the Act incorporating the Springfield Water Works Company," or "Against the Act incorporating the Springfield Water Works Company;" to be canvassed and returned in like manner as votes for city officers of said city. §3. If a majority of the votes cast at said election shall be found for the act incorporating the Springfield Water Works Company, then the said act shall be and remain in full force and effect. And if a majority of the votes cast at said election shall be found against the act incorporating the Springfield Water Works Company, then said act shall be null and void. $4. § 4. The city council of said city shall have power to designate the judges and clerks, and the place in each ward of said city for holding the said election; and the city clerk of said city shall give notice of said election, as soon after the passage of this act as may be, by publication in two of the newspapers published in said city until the day of said election. § 5. This act shall take effect and be in force from and Places of voting. after its passage. And the said act to incorporate the Sringfield Water Works Company shall not take effect or in no wise be in force unless approved by a majority of the voters at the election hereby provided. APPROVED February 21, 1861. 22, 1861. AN ACT to authorize the Governor and Secretary to contract with the Wa- In force February ter Commissioners of the City of Springfield and with said City for the purposes herein named. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the governor and secretary are hereby authorized to contract with Price to be pald the board of water commissioners of the city of Springfield for an adequate supply of water for the public buildings in for water, |