liabilities; he shall keep a complete set of books, exhibiting the financial condition of the corporation in all its departments, funds, resources, and liabilities, with a proper classification thereof, and showing the purpose for which each fund was raised; he shall also keep an account with the treasurer, in which he shall charge him with all the moneys received for each of the several funds of the village, and credit him with all warrants drawn thereon, keeping an account with each fund. council financial SEC. 8. The clerk shall report to the council, whenever To report to required, a detailed statement of the receipts, expenditures, condition of and financial condition of the village, of the debts to be paid, village. and moneys necessary to meet the estimated expenses of the corporation, and shall perform such other duties pertaining to his office as the council may require. TREASURER. SEC. 9. The treasurer shall have the custody of all moneys, Treasurer, bonds other than official, mortgages, notes, leases, and evi- duties of. dences of value belonging to the village; he shall receive all moneys belonging to, and receivable by the corporation, and keep an account of all receipts and expenditures thereof; he shall pay no money out of the treasury, except in pursuance of, and by authority of law, and upon warrants signed by the clerk and president, which shall specify the purpose for which the amounts thereof are to be paid; he shall collect and keep an account of and be charged with all taxes and moneys appropriated, raised, or received for each fund of the corporation, and shall keep a separate account of each fund, and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund raised for the purpose for which the warrant was issued; but no person shall be eligible to the office of village treasurer for more than two years in succession. cil. SEC. 10. The treasurer shall render to the clerk on the first To report to Monday of every month, if required, a report of the amounts clerk. received and credited by him to each fund, and on what account received, and the amounts paid out by him from each fund during the preceding month, and the amount of money remaining in each fund on the day of his report. He shall also exhibit to the council annually on the first Monday in Make financial March, and as often and for such period as the council shall exhibit to counrequire, a full and detailed account of the receipts and disbursements of the treasury since the date of his last annual report, classifying them therein by the funds to which such receipts are credited and out of which such disbursements are made, and the balance remaining in each fund; which account shall be filed in the office of the clerk, and shall be published in one of the newspapers of the village, if any be published therein. To take vouchers from treasury. SEC. 11. Said treasurer shall take vouchers for all money for money paid paid from the treasury, showing the amount and fund from which payment was made, which vouchers upon settlement with the proper officers of the village shall be surrendered and filed with the clerk. To keep moneys separate. Marshal to be SEC. 12. The treasurer shall keep all moneys in his hands belonging to the village separate and distinct from his own moneys, and he is hereby prohibited from using, either directly or indirectly, the corporation moneys, warrants, or evidences of debt in his custody or keeping, for his own use or benefit, or that of any other person; any violation of the provisions of this section shall work a forfeiture of his office, and the council, on proof of the fact, are authorized to declare the office vacant and appoint his successor for the remainder of his term. MARSHAL. SEC. 13. The marshal shall be the chief of the police of chief of police. the village. As police officer he shall be subject to the direction of the president and council. It shall be his duty to see that all the ordinances and regulations of the council, made for the preservation of quiet, good order, and for the safety and protection of the inhabitants of the village, are promptly enforced. As peace officer he shall, within said village, be vested with all the powers conferred upon sheriffs for the preservation of quiet and good order. He shall have power to serve and execute all process directed or delivered to him, in all proceedings for violations of the ordinances of the vil. lage. Such process may be served anywhere within the county in which said village is located. To keep record of arrests. To report in cil. SEC. 14. The marshal shall keep a record of all arrests and the cause thereof, and shall enter therein, within twenty-four hours after any person shall be arrested, the name of the person so arrested, the cause of the arrest, the age and nationality of the person arrested, and if discharged without being taken before a court, the reason for such discharge, which record shall be the property of the village. SEC. 15. The marshal shall report in writing and on oath writing to coun- to the council at their first meeting in each month, all arrests made by him and the cause thereof, and all persons discharged from arrest during the month; also the number remaining in confinement for breaches of the ordinances of the village; the amount of all fines and fees collected by him. All moneys collected or received by the marshal, unless otherwise directed by this act, shall be paid into the village treasury during the same week when received, and the treasurer's receipt therefor shall be filed with the clerk. To collect fees for service performed. SEC. 16. The marshal may collect and receive the same fees for services performed by him as are allowed to constables for like services. SURVEYOR. duties of surveyor. SEC. 17. The village surveyor, if one is appointed, shall Powers and have and exercise within the village, the like powers and duties as are conferred by law upon county surveyors; and the like effect and validity shall be given to his official acts, surveys and plats as are given by law to the acts and surveys of county surveyors. He shall make all necessary plats, maps, surveys, diagrams, and estimates required by the council or officers of the village, relating to the public improvements, buildings, grounds, and streets of the village; and all plats, maps, surveys and diagrams made by him as such surveyor shall be the property of the village, and shall at the expiration of his term of office be delivered by him to his successor in office. SEC. 18. It shall be the duty of the street commissioner to Duties of street perform, or cause to be performed, all such labor, repairs, and commissioner. improvements upon the highways, streets, sidewalks, alleys, bridges, reservoirs, drains, culverts, sewers, public grounds, and parks within the village, as the council shall direct to be done by or under his supervision; and to oversee and do whatever may be required of him in relation thereto by the council. SEC. 19. He shall make a report to the council, in writing To make report and on oath once in each month giving an exact statement of writing to all labor performed by him or under his supervision and the charges therefor; the amount of material used and the expense thereof and the street or place where such material was used or labor performed; and further showing the items and purpose of all expenses incurred since his last preceding report. ASSESSOR. council. SEC. 20. The assessor shall perform such duties in relation Duties of to assessing property and levying taxes in the village as are assessor. prescribed by this act. COMPENSATION. SEC. 21. The president and trustees shall serve without Compensation compensation. All other officers except where other provision of officers. is made herein or by law regulating fees for services shall receive such compensation as the council shall prescribe. CHAPTER V. VILLAGE COUNCIL. SECTION 1. The legislative authority of villages shall be village council. vested in a council consisting of the president and trustees. 102 300 President of. President pro Council to hold ings, Proviso. To prescribe lations. SEC. 2. The president shall be president of the council, and preside at the meetings thereof. SEC. 3. On the second Monday in April in each year, or as soon thereafter as may be, the council shall appoint one of their number president pro tempore of the council, who in the absence of the president shall preside at the meetings thereof, and exercise the powers and duties of president. In the absence of the president and president pro tem., the council shall appoint one of their number to preside. SEC. 4. The council shall hold regular stated meetings for the transaction of business, at such times as it shall prescribe, not less than one of which shall be held in each month. The president or any three members of the council may appoint special meetings thereof, notice of which, in writing, shall be given to each trustee, or be left at his place of residence at least six hours before the meeting: Provided, That if all the members of the council shall be present at any special meeting without proper notice, such notice shall be deemed to have been waived. SEC. 5. The council shall prescribe the rules of its own rules and regu- proceedings, and shall keep a record thereof. All meetings and sessions of the council shall be public. A majority of the trustees shall be a quorum for the transaction of business; a less number may adjourn from time to time and compel the attendance of absent members in such manner as shall be prescribed by ordinance. But no office shall be created or abolished nor any tax or assessment be imposed; street, alley or public ground be vacated, real estate or any interest therein purchased, leased, sold, or disposed of, or any public improvement ordered, unless by a concurring vote of two-thirds of all the trustees elect, which vote shall be taken by yeas and nays, and entered upon the journal; no money shall be appropriated except by ordinance or resolution of the council, nor shall any such ordinance be passed, nor any resolution appropriating money be adopted, except by a concurring yea and nay vote of two-thirds of all the trustees elect. Appropriation Members of interested in contracts. Proviso. Council to audit SEC. 6. No member of the council, nor any officer of the council not to be corporation, shall be directly or indirectly interested in any contract or service made by, or to be performed for the corporation: Provided, That this shall not prevent officers receiving compensation authorized by this act. Any violation of the provisions of this section shall work forfeiture of the office, and on proof thereof the council may declare the office vacant. SEC. 7. The council shall audit and allow all accounts chargeable against the village; but no account or claim or contract shall be received for audit or allowance, unless it shall be accompanied with a certificate of an officer of the corporation, or an affidavit of the person rendering it, to the effect that he verily believes that the services therein charged have been actually performed or the property delivered for the village, that the sums charged therefor are reasonable and just, and that to the best of his knowledge and belief, no set-off exists, nor payment has been made on account thereof, except such accounts against itemized. as are endorsed or referred to in such account or claim. And Accounts to be every such account shall exhibit in detail all the items making up the amount claimed, and the true date of each. It shall be a sufficient defense in any court, to any action or proceeding for the collection of any demand or claim against the village for personal injuries or otherwise that it has never been presented, certified to or verified as aforesaid, to the council for allowance; or if such claim is founded on contract, that the same was presented without the certificate or affidavit aforesaid and rejected for that reason; or, that the action or proceeding was brought before the council had a reasonable time to investigate and pass upon it. CHAPTER VI. ORDINANCES. SECTION 1. The style of all ordinances shall be: "The vil- Style of ordilage of ordains." All ordinances except as herein nances. otherwise provided shall require, for their passage, the concurrence of a majority of the council. No ordinance imposing a penalty shall take effect in less than twenty days after its passage. pose fines and SEC. 2. When by the provisions of this act the council of Authority to im any village has authority to pass ordinances for any purpose, penalties. they may prescribe fines, penalties and forfeitures not exceeding one hundred dollars, unless a greater fine or penalty is herein authorized, or imprisonment not exceeding ninety days, or both, in the discretion of the court, together with the costs of the prosecution, for each violation of any of said ordinances, and may provide that the offender on failing to pay such fine, penalty or forfeiture and the costs of prosecution, may be imprisoned for any time not exceeding ninety days, unless payment thereof be sooner made, and also that the offender be kept at labor during such imprisonment. Such fine, penalty or forfeiture and imprisonment for the violation of any ordinance, shall be prescribed in the ordinance, and if imprisonment be adjudged in any case, it may be in the village prison or in the county jail of the county in which the village is located, or in any other place of confinement provided by the village for such purpose, in the discretion of the court. SEC. 3. All ordinances, when regularly enacted, shall be ordinances to recorded by the clerk of the council, in a book to be called be recorded. "the record of ordinances," and it shall be the duty of the president and clerk to authenticate the same by their official signatures upon such record. SEC. 4. Within one week after the passage of any ordi- To be published. nance, the same shall be published in a newspaper printed in the village, [if] in any is published therein, otherwise copies of the ordinance shall, within the same time, be posted in three of the most public places in the village; and the clerk shall, immediately after such publication or posting, enter in the record of ordinances, in a blank space to be left for such pur |