POUNDS.

provide pounds

SEC. 3. The council may provide and maintain one or Council may more pounds within the village, and may appoint pound and appoint masters, prescribe their powers and duties, and fix their com- pound masters. pensation, and may authorize the impounding of all beasts and fowls found in the streets or otherwise at large, contrary to any ordinance of the village; and if there shall be no pound or pound master they may provide for the impounding of such beasts and fowls by the village marshal, in some suitable place, under his immediate care and inspection and may confer on him the powers and duties of pound master. The coun- Fees for imcil may also prescribe the fees for impounding, and the pounding. amount or rate of expenses for keeping, and the charges to be paid by the owner or keeper of the beasts or fowls impounded; and may authorize the sale of such beasts and fowls for the payment of such fees, expenses and charges, and for penalties incurred, and may impose penalties for rescuing any beast or fowl impounded.

PUBLIC BUILDINGS, GROUNDS AND PARKS.

quire buildings

SEC. 4. Any village may acquire, purchase, and erect such village may acpublic buildings, as may be required for the use of the corpora- and real estate. tion, and may purchase, appropriate, and own such real estate as may be necessary for public grounds, parks, markets, public buildings, and other purposes necessary or convenient for the public good, and for the execution of the powers conferred in this act; and such buildings and grounds, or any part thereof, may be sold at public sale, or leased, as occasion may require: Provided, however, That no public parks shall be sold without Proviso as to the consent of a majority of the qualified electors of the sale of park. village.

may be main

SEC. 5. When the council shall deem it for the public Prison, etc., interest, grounds and buildings for the village prison, hospital tained beyond and pest-house, may be purchased, erected and maintained village limits. beyond the corporate limits of the village; and in such cases the council shall have authority to enforce beyond the corporate limits of the village, and over such lands, buildings and property, in the same manner and to the same extent as if they were within the village, all such ordinances and police regulations as may be necessary for the care and protection thereof, and for the management and control of the persons kept or confined in such prison, pest-house or hospital.

provement of

SEC. 6. The council shall have authority to lay out, estab- Care and imlish, or vacate and discontinue public parks and grounds public parks, within the village, and to improve, light and ornament the same, and to regulate the use thereof, and to protect the same and the appurtenances thereof from obstruction, encroachment and injury.

Supervision of

and public grounds.

Liability for damages sustained on.

STREETS AND SIDEWALKS.

SEC. 7. The council shall have supervision and control of streets, bridges, all public highways, bridges, streets, avenues, alleys, sidewalks and public grounds within the village, and shall have the like authority over the same as is given by the general laws of the State. No village subject to the provisions of this act shall be liable in damages sustained by any person in such village, either to his person or property, by reason of any defective street, sidewalk, cross walk, or public highway, or by reason of any obstruction, ice, snow or other incumbrance upon such street, sidewalk, cross walk or public highway situated in such village unless such person shall serve or cause to be served within sixty days after such injury shall have occurred a notice in writing upon the clerk or deputy clerk of such village which notice shall set forth substantially the time when and place where such injury took place, the manner in which it occurred and the extent of such injury as far as the same has become known, and that the person receiving such injury intends to hold such village liable for such damages as may have been sustained by him: Provided. That care of bridges. the bridges within the limits of any village in the highways leading into or through said village which have been or shall hereafter be laid out by the commissioners of highways of the township or townships in which said village may be located or established by any other lawful authority, except the authority of such village, shall be built, controlled and kept in repair by the township or townships in which they may be located, the same as if said village were not incorporated, and all the other bridges in said village shall be built, controlled and kept in repair by said village.

Proviso as to

Grade of streets and alleys.

Repair of and cost of.

Owners of prop

erty may be re

quired to build

sidewalks ac cording to specifications,

SEC. 8. The council shall have control of all sidewalks in the public streets and alleys of the village, and may prescribe the grade thereof, and change the same when deemed necessary. They shall have power to build, maintain and keep in repair sidewalks and cross walks in the public streets and alleys, and to charge the expense of constructing and [maintaining such sidewalks upon the lots and premises adjacent to and abutting upon such walks. The council shall also have authority to require the owners and occupants of lots and premises to build, rebuild and maintain sidewalks in the public streets adjacent to and abutting upon such lots and premises and to keep them in repair at all times, and to construct and lay the same upon such lines and grades, and of such width, materials, and manner of construction, and within such time as the council shall, by ordinance or resolution prescribe, the expense thereof to be paid by such owner or occupant; or the council may by a two-thirds vote of all the trustees elect pay such part of the expense of building or rebuilding such walk as they may deem proper from the general street fund or from the street district fund of any street district in which such walk may be located.

owners.

same work being

SEC. 9. The council shall also have power either by ordi- Removal of snow nance or resolution to cause and require the owners and occu. and ice by proppants of any lot or premises to remove all snow and ice from the sidewalks in front of or adjacent to such lot and premises, and to keep the same free from obstructions, encroachments, incumbrances, filth and other nuisances: Provided, That the Proviso as to council may, by a two-thirds vote of all the trustees elect, pro- done by village. vide by ordinance for the rebuilding, maintaining and keeping in repair of all sidewalks within the village, and for the removing of all ice and snow therefrom, and for keeping the same free from incumbrances, and pay the expense thereof from the general street fund, or from the street district fund of any street district in which such sidewalk may be located.

owner to repair,
village may do

assessed against
property.

SEC. 10. If the owner or occupant of any lot or premises on failure of shall fail to construct or maintain any particular sidewalk, as mentioned and prescribed in the last section, or shall fail to work. keep the same in repair, or to remove the snow, ice and filth therefrom, or to remove and keep the same free from obstructions, encroachments, incumbrances, or other nuisances, or shall fail to perform any other duty required by the council in respect to such sidewalks, within such time and such manner as the council shall require, the council may cause the same to be done, and such sidewalk to be constructed or repaired, at the expense of such owner or occupant, and the council may Cost of to be cause the amount of all expenses incurred thereby, together with a penalty of ten per cent in addition thereto, to be reported to the board of special assessors, to be levied by them as a special tax or assessment upon the lot or premises adjacent to and abutting upon such sidewalk, which special assessment shall be subject to review after proper notice has been given as in all other cases of special assessments provided for by this act; and such tax when confirmed shall be a lien upon such lot or premises the same as other special assessments, and the council shall order the assessor of the village to spread said amount, together with such penalty, upon his roll as a special assessment upon such lot or premises, and the same shall be collected in the same manner as other village taxes; or the village may collect such amount, together with the penalty aforesaid, from the owner or occupant of such premises in an action of assumpsit, together with costs of suit. SEC. 11. The council shall have power to regulate and pro- signs and awn hibit the placing of signs, awnings, awning posts and other Ings over sidethings upon or over sidewalks, and to regulate or prohibit the construction and use of openings in the sidewalks, and of all vaults, structures and excavations under the same.

walks.

for public im.

SEC. 12. The council shall have power to lay out, estab- Taking of prilish, open, make, widen, extend, straighten, alter, close, vacate vate property or abolish any highway, street, lane, alley, sidewalk, sewer, provement, drain, water course, bridge, or culvert in the village whenever they shall deem the same a public improvement, or necessary for the public convenience; and if in so doing it shall be necessary to take or use private property, the same may be taken in the manner provided in this act. The expense of

To be paid for by special assessment.

Resolution of

council as to

ment.

such improvement may be paid by special assessments upon the property adjacent to or benefited by such improvement, in the manner in this act provided for levying and collecting special assessments, or in the discretion of the council, a portion of such costs and expenses may be paid by special assessments as aforesaid, and the balance from the general highway fund.

SEC. 13. When the council shall deem it advisable to public Improve- vacate, discontinue, or abolish any highway, street, lane, alley or public ground, or any part thereof, they shall by resolution so declare, and in the same resolution shall appoint a time not less than four weeks thereafter when they will meet and hear objections thereto; notice of such meeting, with a copy of said resolution, shall be given in such manner as shall be prescribed by ordinance or resolution. Objections to such proposed action of the council may be filed with the clerk in writing, and if any such shall be filed, the street, alley or public ground, or any part therof, shall not be vacated or discontinued, except by a vote of two-thirds of the trustees elect.

Objections to,

Survey of streets and grounds.

Recording of.

Resolution

vacating to be prima facie evidence.

Conformity of buildings to street grades.

Diagram of

grades to be recorded.

Compensation to owner of prop. erty for change of grade.

SEC. 14. The council may cause all public streets, alleys, and public grounds to be surveyed, and may determine and establish the boundaries thereof, and cause the surveys and descriptions thereof to be recorded in the office of the clerk in a book of street records, and they shall cause surveys and descriptions of all streets, alleys and public grounds opened, laid out, altered, extended, or accepted and confirmed by them to be recorded in like manner, and such record shall be prima facie evidence of the existence of such streets, alleys or public grounds, as in the records described. Every resolution or ordinance discontinuing or vacating any street, alley or public ground shall also be recorded in said book of street records and the record shall be prima facie evidence of all matters therein set forth.

SEC. 15. The council shall have authority to determine and establish the grade of all streets, avenues, alleys and public grounds within the village, and to require improvements and buildings, adjacent to, or abutting upon such streets, alleys or grounds to be made and constructed in conformity with such grade; and the council may change or alter the grade of any street, alley or public ground, or of any part thereof whenever in their opinion the public convenience will be promoted thereby. Whenever a grade shall be established or altered a record and diagram thereof shall be made in the book of street records in the office of the clerk.

SEC. 16. Whenever the grade of any street or sidewalk shall have been heretofore or shall hereafter be established, and improvements shall thereafter be made by the owner or occupant of the adjacent property in conformity to such grade, such grade shall not be changed without compensation to the owner for all damages to such property resulting therefrom, to be ascertained by a jury as provided in chapter thirteen of this act or said damages may be ascertained and agreed upon by

erty owners

and between such village and the owner or occupant of such premises. Whenever such damage shall be ascertained or To be paid by agreed upon, as heretofore provided, such damages or such village and proppart thereof as the council shall deem equitable and just, shall benefited. be paid by the village, or the council may cause such damages, or such part thereof as may be just and proper, to be assessed upon such real estate as may be benefited by reason of the change of such grade, and whenever the council shall determine to assess such damages, or any part thereof, upon the property benefited, it shall determine and define a district in said village which in its judgment is benefited by the improvement out of which said damages arise, and shall cause the same to be assessed upon such district, which said assessment shall be upon the owners or occupants of the taxable real estate in said district, in proportion as nearly as may be to the advantage or benefit each lot, parcel, or subdivision is deemed to acquire by the improvement out of which such damages arise; but the property on account of which such damages were awarded shall not be included in said district. The assess- Manner of makment shall be made, and the amount levied and collected in ing assessment. the same manner as other assessments on a district deemed to be benefited, in the grading and improvement of streets, as provided for in this act; and all of the provisions of chapter eight of this act relative to special assessments and the collection thereof, shall apply thereto. Such damages, when collected as aforesaid, or when determined upon by the village, shall be paid to the person entitled thereto.

PAVING AND IMPROVEMENTS.

bridges, culverts

SEC. 17. The council shall have authority to construct and Construction of maintain bridges and culverts where needed; and to grade, and paving. pave, curb, gravel, plank, and otherwise improve and repair the highways, streets, lanes, avenues and alleys of the village.

paid from gen

divided into

SEC. 18. The expense of constructing and maintaining Expense of bridges, and the whole, or such part as the council shall deter- bridges may be mine, of the expense of improving and working, including eral fund. grading and graveling upon the streets and highways, may be paid from the general highway fund, to be raised by tax upon all the property in the village; or, the village may be divided city may be into street districts, and a part of the whole expense of improv- street districts. ing and working the streets, in each district may be paid from a street district fund, to be raised by a tax upon the property in the district. The expense of grading, paving, graveling Expense of pav and planking any street may be defrayed by a special assess- etc., streets. ment upon the lots and premises abutting upon such improvement, in proportion to their number of feet front upon the street; or a part of such expense may be so paid and the remainder may be paid from the general highway fund, or from the street district fund, as the council may decide. The lots and premises to be assessed according to their frontage upon a street improvement as aforesaid, shall constitute a special assessment district. The term paving shall

ing, grading,