*309. Liabilities of proprietors of city subject to overflow for damages - insufficient levees. § 12. In all cases where any person or persons, trustees, company or corporation, has heretofore, or shall hereafter lay out any city, town or village, within this State, the site whereof is liable to overflow, and is surrounded in whole, or in part by a levee or embankment, and the owner or proprietors of the site of such city, town or village shall, or shall have, in laying out and platting the same, reserve or reserved, retain or retained, as private property, a strip or strips of land surrounding the site thereof for the purpose of building such levees or embankments thereon, and shall actually build such levees or embankments, and such persons or owners so laying out such city, town or village as aforesaid, shall, after the building of such levees or embankments to protect the site of any such city, town or village from overflow, sell, lease or convey by quit-claim or deed in fee, or otherwise, any lots, blocks or lands within the district or territory surrounded by such levees or embankments, it shall, from thenceforward, become the duty of any such owner or person and their agents, representatives or assigns, to keep and maintain in good repair such levees and embankments, and upon their failure so to do such persons, owners or assigns shall be liable to the owner or owners of any lots, blocks or lands lying within such levees, whether held by the original purchaser or his assigns, and such persons or owners of such levees or embankments shall be liable in damages to the owners of any personal property that may be injured by the giving away or insufficiency of any such levees or embankments, and may have their action on the case for any damage they may suffer by reason of the insufficiency, impairment or giving away of any such levees or embankment; or any number of such owners of lots, blocks or land, and owners of personal property damaged as aforesaid, may join in a petition to any court of record of competent jurisdiction in this State for redress of grievances under this section, setting forth the claims of each, and the aggregate of such claims; and such claims shall be a lien upon such levees or embankments, and all the unsold lands or lots of the proprietors of such city, town or village within such levee inclosure, from the date of the filing of such petition; and the proceedings shall be the same as in mechanics' lien. *310. Proceedings where land below grade. § 13. In any city, village or town in this State wherein there are lots, blocks or parcels of land within the district or districts where the grade shall have been established and fixed as provided for in section II, below such grade whereon water is liable to drain or accumulate from such drainage, or from rains or sipe water, and stand thereon, thereby endangering the public health, it shall be lawful for the city council in cities, and the board of trusees in towns and villages, by ordinance, to declare all such lots, blocks or parcels of land, a public nuisance and order notice to be served on the owner or owners of such lots, blocks or parcels of land so declared to be a public nuisance, to fill the same to the grade established for such streets under the provision of section II, within ten days. In case the owner or owners reside without this State, such notice may be served on their agent or agents, if such reside in this State, and if neither the agent nor owner resides in this State, then such notice may be given

by publication for twenty days in a newspaper published in the city, town or village; and the specified time for the performance of such work shall begin to run from the date of the last publication. In case the owner or owners of any such lot, block or parcel of land shall fail to comply with the said order, and fill the same within the time allowed for the doing thereof, it shall be lawful for the city, town or village to do the said filling at the least possible cost, and the expense thereof shall be a first lien in favor of such city, town or village upon the entire interest of the owner or owners in said lot, block or parcel of land; and for the purpose of enforcing said lien, any city, town or village may file its petition in the circuit court of the county where such city, town or village is situated, which court is hereby given exclusive jurisdiction thereof, stating the passage of the ordinance declaring such lot a nuisance, the giving of the notice aforesaid, the failure of the owner or owners to comply therewith, the expense incurred by the city, town or village in filling the same, and on proof thereof, and that the owner has been notified on the pendency of the proceedings, in the same manner as now provided by law for notifying defendants of the pendency of chancery causes, the court shall decree the payment of such sum with interest and costs within twenty days, and that such city, town or village have a lien on the lot, etc., therefor, and also that said lot, etc., be sold in the manner and by the officer designated by the court, on failure to pay said sum found due with interest and costs, without redemption, and the court shall direct a deed to be made to the purchaser by the officer so making the sale, which shall vest in the purchaser all the right, title and interest of the owner or owners of any such lot, block or parcel of land. Any mortgagee of any such lot, block or parcel of land shall be taken and considered an owner thereof within the meaning of this act.

*311. Emergency. § 14. (Omitted.)

TO DIVIDE CITIES AND VILLAGES SUBJECT TO OVERFLOW INTO IMPROVEMENT DISTRICTS.

AN ACT to divide cities and villages subject to overflow and inundation into improvement districts, and to provide ways and means to raise the streets, lots and blocks above the line of overflow. [Approved and in force May 29, 1883. L. 1883, p 60.

*312. Improvement districts—grade special assessments. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Any city or village of this State incorporated under the general law for the incorporation of cities and villages, or under any special charter, the site of which is wholly or partially subject to overflow, and which site is or may be surrounded in whole or in part by levees, dykes or embankments to prevent overflow, may lay off such city or village, or any part thereof into what shall be known or called improvement districts, and may fix the grade of the streets, avenues, alleys or public grounds within such improvement district or districts, at a height above the natural surface of the earth to correspond with the height of the levees, dykes or embankments surrounding or partially surrounding such city or village, or above if deemed necessary,

in such manner and to such height as will give a surface drainage from such improvement district to the river or rivers which cause such overflow, and may require low lots, blocks or parts of blocks or lots, within such improvement district, to be filled in such manner, as to prevent water from standing thereon, and so as to prevent the same from becoming a nuisance or injurious to the public health, in the judgment of the corporate authorities of such city or village. The work hereby authorized shall be done by special assessment or special taxation, and all the power in relation to special assessments or special taxation heretofore granted to any city or village in this State, or to any drainage or improvement district in this State, is hereby granted to such cities and villages under this act.

$313. Corporate authorities-duty of-survey-costs of work. § 2. When any such improvement district shall be created by ordinance under this act, it shall be the duty of the corporate authorities to cause an accurate survey of the work contemplated to be done or made, to be made by a competent civil engineer, and cause plats, profiles, and estimates of the work to be done, including the cost of all walls or other structures necessary to be built or constructed to hold the earth to its proper place, and the cost of the work opposite to, or adjacent to each lot in such district and the cost of the fill upon each and every lot within such district necessary to be filled to be used in estimating the benefits to be charged against the lot or block, or parts thereof, within such improvement district; and in estimating such benefits it shall be proper to take into consideration the benefit any such lot, block or parts thereof, will receive by reason of being secured from overflow, or sipe water.

*314. Improvement district may issue bonds - style and manner of proceeding. 3. When any such improvement district or districts has or have been laid out and defined by any such city of village, and the cost of the improvement estimated and ascertained by a competent engineer, and the benefits to the lots, blocks or parts thereof have been assessed, then such city or village may cause a series of bonds to be issued, sufficient to pay the special assessments, or special tax, so ascertained for such district, and which bonds when so issued and indorsed as hereinafter provided for, shall be a lien upon the lots, blocks or parts thereof, which shall be designated in such bond or bonds, such bond or bonds to bear interest at a rate not exceeding six per cent, and may run for any term not exceeding twenty years, the style of the bond to be fixed and designated by ordinance; but before any bond shall issue, or be put in circulation, the owner or owners of any such lot or lots to be charged with such special assessment or assessments, or special tax, shall indorse upon the back of such bond or bonds, his or her consent thereto, in words in substance as follows:

"I hereby indorse the within bond, and consent that the lot or lots, or parts thereof therein designated, shall become liable for the interest and principal therein named, and the same shall be a lien upon said property from this date until paid off and discharged. This 188-.

-day of

[SEAL.]

Said bond when prepared and executed by such city or village, and indorsed by the owner or owners of the property to be charged with the

special assessment or special tax, shall be recorded in the recorder's office of the county in which such city or village is located, and when so recorded such record shall be notice of the lien thereby created, to the same extent that records of mortgages are notices of the mortgage lien, and shall have the same force and effect. No coupon need be recorded;

the face of the bond and indorsement shall be sufficient.

*315. Interest and principal of such bonds – how to be paid. §4. It shall be the duty of any city or village, issuing bonds under this act, to provide by ordinance for the collection of the interest and principal of such bonds from the property so charged with the special assessment or special tax, and shall be placed upon the tax books in the same manner that special assessments or special taxes now are, for collection, and shall be treated in the same manner, and have the same effect as special assessments or special tax now have under the statute-and such city or village shall not be liable for the interest or principal of any such bond or bonds, out of any fund except the special fund of the improvement district, to which the bond or bonds apply, and for the faithful enforcement of the ordinances providing for the collection of the interest and principal thereof.

*316. When railroad company to pay a portion of the work. 5. If any steam or horse railroad shall be located upon, or across any street in any such improvement district, then, in estimating the cost of the work, such railroad shall be charged with the fill upon such street or crossing in the proportion or amount that it would require or cost such railroad to make an independent embankment of the same height to receive its track or tracks upon such street or crossing: Provided, that any such railroad shall have the same right to build its embankment, or make its proportion of the improvement as is allowed to individuals. If any such steam or horse railroad shall fail, or refuse to comply with the ordinances of any such city or village, in this regard, the track or tracks of any such delinquent railroad shall be taken and deemed to be a nuisance, and all rights of any such railroad upon any such street or crossing shall be forfeited, and the rails and ties removed as the work progresses. *317. When property belongs to minors. § 6. If any property within any improvement district created under this act, shall belong to minor heirs, idiots, lunatics, or any person otherwise incapacitated to contract, the guardian, conservator or other person in charge of any such estate, may apply to the circuit court of the county in which such city or village is located, by petition, for leave to indorse such bond or bonds, and when indorsed by order of the court, such indorsement shall have full force and effect in law.

*318. How powers granted, exercised and how construed. 7. All the powers hereby granted to the corporate authorities of such cities and villages may be put into full force and effect by proper ordinances, and the powers hereby granted shall be liberally construed by all courts in this State in order that full force and effect shall be given to this act.

*319. Rights of the holders of such bonds. § 8. The owner or holder of any such bond may, in addition to the powers hereby given to the cities or villages, under this act, to collect the interest and

principal, have his or her personal remedy in any court upon the indorser upon his indorsement, for failure to pay interest or principal, and in case of two successive failures by any person liable to pay the interest on any such bond, such bond shall be held to be due, and the holder may enforce his lien for interest and principal by foreclosure in any court of this State of competent jurisdiction.

*320. Emergency. § 9. (Omitted.)

USE OF STREETS, ETC., BY ELEVATED RAILROADS. AN ACT in regard to the use of streets and alleys in incorporated cities and villages by elevated railroads and elevated ways and conveyors. [Approved June 18, 1883. In force July 1, 1883. L. 1883, p. 126.

*321. Petition of land-owners. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person or persons, corporation or corporations, shall construct or maintain any elevated railroad or any elevated way or conveyor to be operated by steam power, or animal power or any other motive power, along any street or alley in any incorporated city or village, except by the permission of the city council or board of trustees of such city or village, granted upon a petition of the owners of the lands representing more than one-half of the frontage of the street or alley, or of so much thereof as is sought to be used for such elevated railroad or elevated way or conveyor; and the city council, or board of trustees, shall have no power to grant permission to use any street or alley, or part thereof, for any of the purposes aforesaid, except upon such petition of land-owners as is herein provided for.

*322. When street more than one mile. § 2. When the street or alley, or part thereof, sought to be used for any of the purposes aforesaid, shall be more than one mile in extent, no petition of land owners shall be valid for the purposes of this act, unless the same shall be signed by the owners of the land representing more than one-half of the frontage of each mile and fractional part of a mile, of such street or alley, or of the part thereof sought to be used for any of the purposes aforesaid.

*323. Repeal. § 3. All acts and parts of acts inconsistent here. with are hereby repealed.

CONSTRUCTION AND REPAIR OF DRAINS, ETC.

AN ACT to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes and pumping works for drainage purposes by special assessment upon the property benefited thereby [Approved June 22, 1885 in force July 1, 1885. L 1885 p.

*324. Grant of power to erect drainage works, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the corporate authorities of cities and villages are hereby vested with power to construct drains, ditches, levees and dykes. to erect pumping works, and to acquire the necessary land and machinery for such purposes, and otherwise to provide for draining any portion of the lands within their corporate limits, by special assessment upon the property benefited thereby.