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the sewerage works of said city, shall be kept separate and distinct from the accounts pertaining to other departments of said board; and all moneys deposited with the city treasurer, on account of the sewerage works, shall be by him kept separate and distinct from all other moneys, as the sewerage fund, and shall only be applied for the uses and purposes for which the same were received.

29. SEWERS-INJURY TO-PENALTY-REGULATIONS CONCERNING.] Ibid. SEC. 29. If any person shall willfully or maliciously obstruct, damage or injure any public or private sewer or drain in said city, or willfully injure any of the materials employed, provided or used in said city for the purposes specified in this act, he shall be subject to indictment, and upon conviction thereof, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both, in the discretion of the court.

30. BOARD MAKE RULES, AND COUNCIL ENFORCE, FOR GOVERNMENT OF SEWERS, ETC.] Ibid. SEC. 30. It shall be the duty of the board to make all necessary rules, regulations and restrictions concerning the public and private sewers or drains of said city, and to report to the common council the regulations which shall be adopted by them; and the common council shall, thereupon, pass an ordinance establishing such rules and regulations, and providing penalties for their violation; which penalties may be enforced in any court having jurisdiction of any offenses against any of the ordinances of said city.

31. SINKING FUND-PROVISION FOR-PART OF CONTRACT WITH BOND BUYERS.] Ibid. SEC. 31. The provisions hereinbefore contained, for the establishment of a sinking fund, shall be deemed and taken as a part of the contract with the parties purchasing said bonds, and shall not be repealed or modified, so as in any manner to impair the security thereby afforded to the said bondholders.

32. INCONSISTENT ACTS REPEALED.] Ibid. SEC. 32. All acts, or parts of acts, inconsistent with the provisions of this chapter, are hereby repealed. 33. TUNNELS-POWER TO BUILD.] Act February 15, 1865. SEC. 20. The common council shall have power to cause or authorize the building of one or more tunnels under the Chicago river and its branches, at the intersection of any street, or at such other points, as, in their opinion, the public good may require, and the said city shall have power to purchase and hold all such real estate as may be necessary for constructing said tunnels and the approaches thereto; and in case of disagreement, between the said city and the owners of any property which may be required for the purposes aforesaid, as to the amount of compensation to be paid such owners, or in case such owner shall be an infant, a married woman, or insane, or absent from the state, the said city shall have the right to condemn said property; and the proceedings, for the condemnation of such property, shall conform to those specified or provided by the act above mentioned, in the case of the condemnation of land for a public street in said city, as far as the same are applicable.

* Act February 13, 1863, ante, chpater 6.

34. TO LEVY TAXES FOR TUNnels and BondS FOR MONEY BORROWED.] Ibid. SEC. 21. To defray any expense that may be incurred pursuant to the power and authority granted by the preceding section, the common council shall have power annually to levy and collect a tax not exceeding two mills on the dollar, on the assessed value of all real and personal estate in the city, made taxable by the laws of this state; and in case the entire revenue derivable from said two mill tax shall be insufficient to cover the expense of constructing any tunnel that may be ordered by the common council, the deficiency may be supplied by a temporary loan, to be made for a space of time not exceeding the close of the next municipal year, and said loan shall be provided for in the tax levy of that year, by a tax levied pursuant to the authority conferred by this section. And said city shall also have power and authority to issue and sell bonds for said purposes, not exceeding one hundred thousand dollars, in any one year. Said bonds to be issued, and to become due, at such times as the common council may by ordinance determine.

35. PRECEDING SECTION AMENDED.] Act March 10, 1869. SEC. 7. Section twenty-one of an act approved February 15, 1865, entitled "An act to amend an act to reduce the charter of the city of Chicago, and the several acts amendatory thereof into one act and to revise the same," approved February 13, 1863, be, and the same is hereby so amended, that the city of Chicago may, by resolution or order of the common council, issue and sell bonds for the purpose specified in said section, not exceeding the sum of three hundred thousand dollars in any one year.

[Provisions of acts in regard to widening and deepening the Illinois and Michigan canal, issuing bonds therefor, providing a sinking fund for the same, etc.]

36. RIVER-PLAN FOR CLEANSING.] Act February 15, 1865. SEC. 11. That the board of public works of the city of Chicago be, and they are hereby, authorized, required and empowered to devise, and, with the approval of the common council of said city, or otherwise as hereinafter provided, to adopt and execute a plan for cleansing the Chicago river and its branches, and keeping the same in a pure and healthy condition, and also, by contract with the trustees of the Illinois and Michigan canal, or otherwise, for changing the water in said river and branches; but if the consent of said trustees can be had, and in the judgment of said board it is expedient, the experiment of cleansing said river by using the pumping works of said canal, shall be first thoroughly tried, before any expenditure for constructing any other canal or conduit shall be incurred.

37. SAME-MAY CONTRACT WITH CANAL TRUSTEES.] Ibid. SEC. 12. If, in the judgment of said board, it shall be found that permanent and complete drainage of said river and branches can be best effected by constructing a channel from some point on the Chicago river or its branches, southwardly toward or near Lockport, or by widening and deepening the Illinois and Michigan canal, the said board are hereby authorized and empowered to devise a plan for that purpose, with the consent of the common council, or otherwise as hereinafter provided, to make any eontract necessary to carry into effect such purpose, in conformity with and subject to the general provisions of the city charter, with the trustees of the Illinois and Michigan canal, or with the United States, or the state of Illinois, or with any party or parties, and to construct a canal, or to widen or deepen the Illinois and Michigan canal, or otherwise to remove and change the waters of the Chicago river and its branches; and the said trustees of the Illinois and Michigan canal are hereby authorized and empowered to make such contract as they may deem just and proper, with the said board or the city of Chicago, for said purposes or any of them.*

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38. POWER TO BORROW MONEY NOT EXCEEDING $2,000,000-ISSUE BONDS THEREFOR.] Ibid. SEC. 13. For the purpose of carrying out the improvements contemplated by the eleventh, twelfth, fourteenth and eighteenth sections of this act,* and sections five, six, seven and eight, of chapter sixteen, of the act of which this is an amendment,† the said city shall have power to borrow, from time to time as the board of public works and common council shall deem expedient, an additional sum of money, not exceeding two million dollars,‡ upon the credit of said city of Chicago, and to issue bonds therefor, in the manner authorized by section sixteen of said chapter; and all the provisions, in said chapter contained, respecting the issue and sale of sewerage loan bonds, the custody and expenditure of the proceeds thereof, and the payment of the principal and the interest to become due thereon, and providing for a sinking fund for the liquidation of the same, shall in like manner apply to the bonds hereby authorized; and the said fund so raised shall constitute a special fund, to be held and used for the purposes of such improvement and for no other purpose whatsoever.

39. CANAL-DEEPENING OF-POWER TO CONTRIBUTE TO.] Ibid. SEC. 14. Should the work of enlarging and deepening the said canal for a ship or steamboat canal be prosecuted by the United States, or by the state of Illinois, or the trustees of the Illinois and Michigan canal, the common council of the city of Chicago are hereby authorized and empowered to make a contribution toward such improvement, of such sum of money or bonds, or part of the bonds in the preceding section of this act provided for, or their proceeds, not exceeding two millions of dollars, as they shall deem proper.

40. BOARD OF Engineers, may bE APPOINTED FOR.] Ibid. SEC. 15. Upon application of the board of public works, the mayor, by advice and consent of the common council, may appoint a consulting board, of not less than three nor more than five competent engineers, to aid in devising the plans and arranging details rendered necessary by this act.

41. BOARD-ADDITIONAL MEMBERS APPOINTED for River IMPROVEMENT.] Ibid. Sɛc. 16. For the purpose of cleansing the Chicago river and its branches, as in this act provided, Roswell B. Mason and William Gooding are hereby appointed additional members of the board of public works, who shall each receive the same salary as the other members of said board, which is hereby ffxed at three thousand dollars per annum for each, and when the work herein contemplated shall be completed, they shall cease to be members of the said board: Provided, that the said additional members shall have no power or authority in the said board, save and except in reference to the said work: And provided, also, that in no event shall their term of office extend longer than six years from and after May 1st, 1865. In case of the death, resignation or removal from this state of either of said additional members of said board, the vacancy caused thereby shall be filled by the governor of the state of Illinois.

42. RIVER-PLAN AND ESTIMATE FOR CLEANSING APPROPRIATIONS FOR, under ContrOL OF COUNCIL.] Ibid. SEC. 17. The said board of public works, after they shall have agreed upon a plan for cleansing the Chicago river, shall forthwith report the said plan to the common council, with a statement of its probable cost, and the said council shall examine the said plan and if they shall approve the same, it shall be and continue the plan of said work, except so far as it may be changed by the board of public works, in matters of detail, or be otherwise changed or abandoned, as hereinafter provided. If the common couneil shall disapprove the said plan, they shall refer the same back to said board of public works, with a statement of the reasons for such disapproval. If the said board of public works shall, after considering such objections, adhere to the said plan, by a vote of the majority of all the members of said board, they shall report the same back to the common council, and, after the expiration of thirty days, the said plan, unless withdrawn by said board, shall be and continue the plan of said work, with the exception as to details aforesaid, and the contracts entered into in reference to the same by said board shall be in accordance with and subject to the general provisions of the city charter: Provided, however, that said plan may be afterwards abandoned or changed for a different plan, if the said board and the common council, by a majority of all the members of each of said boards, consent [t]hereto: Provided, also, that the appropriation of money and the issuing and sale of bonds for said work shall be and remain under the control of the common council; and the general provisions of the city charter relating to appropriations, to the custody and sale of city bonds and the custody and disbursement of the city moneys, shall, and they are hereby intended to apply to the appropriations, the custody and sale of the bonds, and the custody and disbursements of the moneys, for the prosecution of said work.

* Sections 36, 37, 39 and 43 of this chapter.

↑ Sections 5, 6, 7 and 8 of this chapter.

See ante, sections 5, 6, 7 and 8; ante, chapter 5, section 54.

43. CANAL BETWEEN RIVER AND LAKE-CONDEMNATION OF LAND FOR.] Ibid. SEC. 18. If the said board and the common council shall, in their judgment, deem it desirable to effect the object of this act, by the construction of one or more canals, to or from the Chicago river or either of its branches to Lake Michigan or elsewhere, it shall be lawful for the said commissioners to condemn such land as shall be necessary for the bed of such canal or canals, and the deposit of the material thereon out of the same, and the proper use and control thereof, not exceeding three hundred feet on each side of said canal or canals: Provided, that in case, said board shall widen or deepen the Illinois and Michigan canal, then, and in that case only so much land shall be taken as is necessary for that purpose; and when, in the opinion of said board and the common council, it shall be needful, for the interest of said works hereby authorized, that the fee in any real estate acquired for right of way or for other purposes by said board, shall be vested in said city, such real estate shall, upon payment for the same as aforesaid, become the property of said city in fee simple absolute.

44. ORDINANCES TO PROTECT WORK TO BE PASSED-DRAINAGE INTO RIVER PROHIBITED WITHOUT PERMIT.] Ibid. SEC. 19. The common council is hereby authorized and empowered to pass all such ordinances as they may deem necessary for the protection, preservation and use of the work, hereby authorized, and the property which may be obtained or possessed under this act, and provide such penalties for the infraction thereof as they may deem expedient, not to exceed the penalties now provided by law for the protection of the Illinois and Michigan canal, or other public works or property of the state; and it shall not be lawful for any person to drain from any point within the limits of Chicago into the Chicago river or either of its branches or into any canal or canals constructed under the authority of this act without first obtaining a permit for such drainage from the board of public works; and the said board are hereby authorized to grant such permits and to exact license fees for the same proportioned to the amount and kind of drainage.

45. ILLINOIS AND MICHIGAN Canal to be Deepened-PREAMBLE, ETC.] Act February 16, 1865. WHEREAS: It has been represented that the city of Chicago, in order to purify or cleanse the Chicago river, by drawing a sufficient quantity of water from Lake Michigan directly through it and through the summit division of the Illinois and Michigan canal, would advance a sufficient amount of funds to accomplish this desirable object; and,

WHEREAS: The original plan of the said canal was to cut down the summit so as to draw a supply of water for navigation directly from Lake Michigan, which plan, was abandoned for the time being, after a large part of the work had been executed, only in consequence of the inability of the state to procure funds for its further prosecution; and,

WHEREAS: Under the law creating the trust, the plan of the summit division of the canal was changed, the level being raised so as to require the principal supply of water to be obtained through the Calumet feeder, subject to serious contingencies, and by pumping on to the summit with the hydraulic works at Bridgeport: Now, therefore,

SECTION 1. Be it enacted by the People of the state of Illinois, represented in the General Assembly, That to secure the completion of the summit division of the Illinois and Michigan canal upon the original "deep cut" plan, with such modifications and change of line, if necessary, as will most effectually secure the thorough cleansing or purification of the Chicago river and facilitate the execution of the work, the city of Chicago, through its constituted authorities, may at once enter into an arrangement with the board of trustees of said canal with a view to the speedy accomplishment of the work.

46. NAVIGATION CAPACITY NOT TO BE OBSTRUCTED.] Ibid. SEC. 2. The canal shall not be constructed of a less capacity than the plan adopted by the canal commissioners in 1836, nor shall the work of deepening it be prosecuted so as to materially interfere with the navigation. By consent of the board of trustees, however, the navigation may be opened later and closed earlier than usual in former years, but it shall never be diminished to a less time than six months.

47. CONDEMNATION FOR.] Ibid. SEC. 3. It shall be lawful for the city of Chicago to enter upon and use any lands which may be necessary for the right of way for said canal, if the route should in any part vary from the present line of canal, and to take and use any materials of any description necessary for the prosecution of the work contemplated, along the line thereof, the value of the same to be determined in the mode provided by the general laws of this state.

48. MONEY EXPENDED, A LIEN ON CANAL.] Ibid. SEC. 4. The amount expended by the city of Chicago in deepening the summit division of the canal, according to the plan adopted by the canal commissioners in 1836, shall be a vested lien upon the Illinois and Michigan canal and its revenues, after the payment of the present canal debt, and the next

revenue of the canal shall all, thereafter, be applied to the payment of the principal and interest of the sum expended in accomplishing the object of this act, until the whole amount is reimbursed to the city: Provided, the cost shall not exceed two and a half million of dollars.

49. STATE MAY Refund AmounT.] Ibid. SEC. 5. The state of Illinois may, at any time, relieve this lien upon the canal and revenue, by refunding to the city of Chicago the amount expended in making the contemplated improvement and the interest thereon.*

CHAPTER 17.

BOARD OF HEALTH.

duties.

salary.

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4. Board to report each year the condition and expenditures of department.

SECTION.

17. Infected persons, not residents of the city, may be removed beyond city limits-Infected goods.

18. Infected vessels may be removed to quarantine-Punishment for refusal to comply with orders.

5. President and secretary to be elected-Their 19. Council may prescribe other powers and du

6. Sanitary superintendent to be appointed-His

ties to be exercised for sanitary purposesPower to enter and examine houses, boats and vessels.

7. Police patrolmen may be appointed to act as a sanitary squad.

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8. Annual estimate of expenses to be submitted to comptroller-Tax for expenses-Warrants on fund, how drawn.

21.

Rendering dead animals and offensive matter prohibited.

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23.

Drains and privies upon private lots.

24.

Health officer, duties and salary of

10. Council may borrow money to meet such contingency.

25.

Penalty for violation of section 20.

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11. Penalties for violation of by-laws, rules or regulations of board.

27.

Penalty for violation of section 22.

28.

Penalties, how recovered.

12.

Prior laws as to health department, not inconsistent with act March 9, 1867, continued

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attorney to file information-Injunction when to issue.

14. Board to take measures to prevent spread of 31. Further proceedings authorized in case of infectious disease-Reports of mortality to be made.

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1. BOARD OF HEALTH, HOW CONSTITUTED.] Act March 9, 1867, chap. 4. SECTION 1. The mayor of the city of Chicago, with six other persons, to be appointed on the passage of this act by the judges of the superior court of Chicago, each of whom shall be a resident of said city, and three of whom, and no more, shall be physicians, shall constitute the board of health of the city of Chicago.t Said board of health shall have, and there is hereby conferred on said board, such powers and duties as may be necessary to promote or preserve the safety or health of the city, or improve its sanitary condition.

For act to relieve the lien of the city and refund moneys expended, see chapter 22, section 29, post. + Ante, chapter 3, section 3.

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