USA > Illinois > Gallatin County > Shawneetown > Directory, charter and ordinances of the city of Shawneetown, with a brief reference to the resources of Gallatin County, 1872 > Part 8
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§ 16. Any person or persons who shall be present at the com- mission of any offence mentioned in sections two or three of this ordinance, and who shall by word, act, or gesture, encourage, aid, abet, or assist any person in the commission of any of said offences, shall, upon conviction, forfeit and pay not less than two dollars ($2) nor more than one hundred dollars ($100) for every offence.
$ 17. It shall not be lawful for any person or persons, in said city, under the age of eighteen years. to be found upon any of the streets, alleys, or public grounds of said city after the hour of 8 o'clock P. M., between the first day of November and the first day of April, or after the hour of 9 o'clock P. M. between the first day of April and the first day of November, unless accompanied by their parents or guardians, or able to give a satisfactory reason for absence from their homes ; and every person violating this section shall be arrested by the city marshal or his deputy and taken to his home ; and if he shall be arrested a second time for a similar offence, he shall, on conviction, for- feit and pay not less than one dollar ($1) nor more than ten dollars ($10) for each offence.
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$ 18. Any person who shall, in said city. have upon him any pistol. gun, knife, dirk, bludgeon. or other offensive weapon, with intent to assault any person, or threaten, intimidate, or provoke any person, every such person shall, on conviction, forfeit and pay not less than ten dollars ($10) nor more than one hundred dollars ($100) for every offence.
Passed March 26, 1872.
NUMBER XIX.
AN ORDINANCE IN RELATION TO ARRESTS, COMMITMENT, AND BAIL. be confined till sober.
§ 1. Who may arrest, and without a war- rant.
§ 2. Refusing to assist officers in arrest- ing-Penalty.
§ 3. Arrests regulated-Appearance, etc.
§ 4. When person arrested is drunk, must
§ 5. Judge may continue cause and take bond.
§ G. If defendant makes default suit to be instituted on bond.
SECTION 1. Be it ordained by the City of Shawneetown, That in all cases under any of the ordinances of said city, the mayor, city attorney, city marshal, and any deputy marshal are hereby authorized, and it shall be their duty, to notify parties ignorant of the ordinances regulating the use of streets, alleys, and side- walks, that they are violating the law, and if such offenders shall persist in so offending, to arrest, without process, and take
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CHARTER AND ORDINANCES.
them before the city court, or detain them till a complaint for such offence can be made before said court ; and said officers, or any of them, are hereby authorized, and it shall be their duty, to arrest, without process, and take before said city court any person or persons for an actual or alleged violation of any ordi- nance of said city. where, in the judgment of the officer making the arrest, there is danger of the offender escaping before a writ can be procured.
$ 2. It shall be the duty of every person, in said city, above the age of twenty-one years, when called upon by any offleer authorized to make arrests, to render prompt aid and assistance to such officer in the execution of his duties ; and any person or persons who shall neglect or refuse to give such aid and assistance when called upon as aforesaid, shall, on conviction, forfeit and pay not less than ten dollars ($10) nor more than one hundred dollars ($100) for every offence.
§ 3. If any arrest be made in pursuance of the foregoing sections, after the hour of 7 o'clock P. M., between the first day of April and the first day of October, or after the hour of 6 o'clock P. M., between the first day of October and the first day of April, the person or persons so arrested shall be confined in the city calaboose or county jail of Gallatin County, until the hour of 9 o'clock of the succeeding day, unless such succeeding day be Sunday, in which case such confinement shall continue until 9 o'clock of the forenoon of the Monday next following, when such person or persons shall be taken before the city court and be dealt with according to law and the ordinances of said city.
§ 4. Any person or persons hereafter arrested, either with or without process, for a violation of any ordinance of said city, who shall be drunk at the time of his or her arrest, shall be taken to the city calaboose, or some other safe place in said city, by the officer making the arrest, and there detained till perfectly sober, and the officer making the arrest shall then take such person or persons before the city court for trial.
§ 5. Whenever any person is brought before the city court, charged with a breach of any ordinance of said city, the city judge may, in his discretion. continue the hearing of the case for any time not exceeding three days at any one time, in which event the defendant shall give a bond for his appearance before said city court at the time to which the hearing of the case shall be continued. And in default of entering into such bond, when required as aforesaid, the defendant shall be committed to the city calaboose or county jail by order of the city judge, there to remain until the day fixed for the further hearing of the case. unless before that time such bond be entered into.
§ 6. If the defendant shall fail to appear as required by said bond, the city judge shall enter the default on his docket and certify the same on the back of said bond ; and the city attor-
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CHARTER AND ORDINANCES.
ney shall immediately institute suit on said bond before said city court, or any court of competent jurisdiction, and the amount, when collected, shall be paid into the city treasury as provided by ordinance.
Passed March 26. 1872.
NUMBER XX.
AN ORDINANCE PROVIDING FOR THE RECOVERY AND APPROPRIATION OF FINES AND THE ENFORCEMENT OF PENALTIES.
§ 1. Suits must be commenced by com- plaint.
§ 2. Duty of city judge-Warrant.
§ 3. Corporations-how to be sned.
$ 4. Defendant may secure fine-What proceedings when not satisfied.
§ 5. When defendant must work out fine -Form of order.
§ 6. Officer may restrain defendant.
§ 7. If defendant refuses to work, duty of officer.
§ 8. Officers competent witnesses-Can-
not charge witness fees.
§ 9. Trial by jury may be had.
§ 10. Fees of jurors and witnesses.
§ 11. Judge must tax fees.
§ 12. Fees of city judge-When paid by the city.
§ 13. Marshal must inform the city attor- ney of the institution of suits.
§ 14. Fees of city attorney.
§ 15. Fines-To whom paid.
§ 16. Fees of city marshal.
SECTION 1. Be it ordained by the City of Shawneetown, That hereafter all suits, actions, or prosecutions brought for the recovery of any fine, forfeiture, or penalty for a violation of any ordinance that is now or may hereafter be in force, in said city, shall be commenced before the city court of said city by com- plaint, briefly setting forth the breach of any ordinance, and shall be in the following form as near as may be, to-wit :
State of Illinois, Gallatin County, { ss. City of Shawneetown.
I. A. B., mayor [or other officer], by way of complaint before the city court of the city of Shawneetown, state that C. D. has been guilty of [here state the offence]. in the City of Shawneetown and County and State aforesaid, contrary to the ordi- nances of said city, between the - day of --. 187-, and the - day of -, 187 -.
Shawneetown, Illinois. -, 187 -.
A. B., Mayor.
Which complaint may be written or printed, or partly written and partly printed ; and no objection to the form or words of such complaint shall be allowed, if it substantially sets forth the nature of the offence charged, so as to give the defendant notice of what he will be called upon to answer. Such com- plaint shall be signed by the officer making it ; and if it be made by any other person than a city officer, the same may be verified by affidavit in the usual way of making complaint on oath.
$ 2. Whenever any complaint is made before the city court, as aforesaid, the city judge shall thereupon issue his warrant, reciting therein the breach of the ordinance as set forth in the complaint, which warrant shall authorize and require the city marshal, or other officer authorized to execute the same, forth- with and without delay to arrest the offender and bring him or her before the city court for trial, unless special bail be given ;
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CHARTER AND ORDINANCES.
and in case the defendant shall offer to the officer making the arrest good and sufficient special bail for his apperance before the city court, at such time as may be mentioned in said writ, not to be less than five nor more than fifteen days from the date thereof, to answer to said action or proceeding, then such special bail may be taken and returned by the officer, and may be taken in the same way, and shall have the same force and effect as is provided by law in regard to special bail taken in cases com- menced before justices of the peace in this State.
§ 3. In all suits brought against any incorporated company for a violation of any ordinance of said city, it shall be the duty of the city judge, upon complaint being made as herein provided, to issue a summons against said incorporated company, notify- ing the same of the nature of such suit, which summons shall be returnable in not less than five nor more than fifteen days after the date thereof, and may be served on the president of such incorporated company by reading it to him, by the proper officer, and if the president be not found. then by leaving a copy thereof with any cashier, secretary, agent, clerk, or super- intendent of such company, which service shall be at least three days before the day for trial ; and it shall be the duty of the city judge, on the day fixed for trial in such summons, to pro- ceed as in other cases when warrants are executed and returned served on natural persons. And if the said company fail to appear and defend. by any of its officers or agents, at the time the suit or proceeding is set for trial, the city judge shall pro- ceed to hear the testimony in the case and render such judgment against said company as the facts in the case shall warrant under the ordinances.
§ 4. Any person adjudged to pay any fine for a breach of any ordinance of said city may replevy the same by giving security, satisfactory to the city judge, for the payment of the fine with full costs of suit within three months from the assessment of the fine ; and if such fine with all costs be not satisfied at the expiration of three months, the city judge shall render judg- ment against the principal and his security or securities and forthwith issue execution.
§ 5. In case the person convicted for a violation of any ordi- nance shall not pay the amount of the fine and costs of suit, and shall not, within twenty-four hours after rendition of judg- ment, replevy them as provided in the foregoing section, he shall be required to pay the same by labor on the streets or other public works of improvement of said city, under the direction and control of the street commissioner, at the rate of one dol- lar and fifty cents ($1.50) per day, until such fine and all costs shall be fully satisfied ; and, immediately upon the rendition of judgment, it shall be the duty of the city judge to issue an order to the city marshal to the foregoing effect, which may be in the following form, to-wit :
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CHARTER AND ORDINANCES.
State of Illinois. Gallatin County, ?
City of Shawneetown. Ss .
The people of the State of Illinois, to the city marshal of said city, greeting :
Whereas, the City of Shawneetown has this day obtained judgment before the city court of said eity against C. D., for a violation of an ordinance of said city, for the sum of - dollars fine, and- - dollars costs of prosecution; these are. therefore, to command you to take the body of the said C. D., and him safely keep in your charge and control by virtue hereof; and in default of payment of said judgment, or security therefor, as provided in section four of ordinance number twenty, you are hereby required to cause and compel the said C. D. to labor on the streets or other public works of improvement of said city, under your direction and control, at the rate of one dollar and fifty cents ($1.50) per day, until the whole amount of said fine and all costs are paid, and make due return hereof as you are commanded by the ordinances of said city.
Given under my hand and the seal of said court, at the City of Shawneetown. this - day of . 187 -.
[L. S.]
E. F., City Judge.
Provided, however, that the city judge may, in his discretion. issue an execution against the defendant in the same manner as justices of the peace are required to do under the laws of this State, and if the same be returned. "no property found," the said city judge shall issue a ca. sa. against the body of said defend- ant, and the city marshal, or other officer, shall arrest and com- mit him to the city calaboose or county jail of Gallatin County, there to remain one day for every one dollar ($1) of such judg- ment until the same be fully discharged : And provided, further, that after the return of the execution, "no property found," and before the issuing of the ca. sa., the said city judge shall have power to issue garnishee process and collect the amount of said judgment in the same manner that justices of the peace are authorized to do by the laws of this State.
§ 6. It shall be the duty of the city marshal, or other city officer having in charge any person required to work out his fine and costs under this ordinance, to see that such person faith- fully perform the amount of labor required by this ordinance ; and said officer shall have power and authority to place and impose such restraints upon such person as may be necessary and proper to prevent him from escaping during the time he is required to labor as aforesaid ; and if the street commissioner, or other officer, shall suffer or permit any person so committed to their custody, under this ordinance, to escape by reason of their indulgence or negligence, they shall be held personally responsible for the amount due from such prisoner, on the exe- cution, and the same shall be deducted from their salary falling due next thereafter. The city marshal may, in his discretion, prepare a place to board said person while working out said fine and costs ; or such person, if he be a resident and have a family living in the City of Shawneetown, may board himself, for which he shall be allowed fifty cents (50c) per day in addition to the one dollar and fifty cents ($1.50) for his labor ; and when the said person shall have worked out the amount of said judgment, or fine and costs, and all accruing costs and charges, on the streets or other public works of said city, he shall be immediately discharged from custody, and the officer shall make return to the city judge that the judgment is satisfied by labor.
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CHARTER AND ORDINANCES.
§ 7. Whenever any defendant required to work out his fine and costs, under this ordinance, shall refuse or neglect to labor diligently, as above required, at least ten hours per day, and until the judgment so rendered against him is paid, by said labor at the rate of one dollar and fifty cents ($1.50) per day. or two dollars ($2) per day if he board himself, as aforesaid, it shall be the duty of the city judge to commit such defendant to the jail of Gallatin County, in case no city prison is provided ; and whenever it may become necessary to board and lodge such defendant at the county jail of Gallatin County, the city judge shall give the officer having the control of such defendant an order of commitment in addition to the order mentioned in sec- tion four of this ordinance.
§ 8. In all suits and prosecutions in behalf of said city, for a violation of a city ordinance, any officer of said city is hereby made a competent witness ; but no officer shall be entitled to receive any witness fee in any such case.
§ 9. The City of Shawneetown, by the city attorney, or any person charged with having violated any ordinance, now in force, or that may be in force hereafter. in said city, may have the cause tried by a jury of six lawful men, and if desired, by a full jury of twelve, who shall be summoned to try the cause ; and if the jury find the defendant guilty, they shall assess and state the amount of the fine, upon which the court shall give judg- ment for the fine and costs and proceed to collect the same as herein required.
§ 10. Each juror and witness shall be entitled to the sum of fifty cents (50c) in each case tried before the city court for a breach of a city ordinance ; and the plaintiff or defendant call- ing for the jury shall advance the jury fee before the issuing of the venire.
§ 11. All fees due any keeper of a prison or jailor, under or by virtue of this ordinance or any other ordinance of said city. shall be taxed as part of the costs; and where the defendant is acquitted, the complainant or prosecutor may be adjudged to pay the costs, if it appears to the city judge that the prosecution was instituted maliciously or without probable cause.
§ 12. Whenever the person convicted is unable to pay the fees to which the city judge is entitled by the city charter, the same shall be paid out of the city treasury. The officer making an arrest, under the ordinances of said city, without a warrant, shall be allowed the same fee's as though he had made the arrest with a warrant; but no city officer, except the city judge, as aforesaid, shall be paid any of said fees unless the same be col- lected of the defendant in the suit or paid by labor, or where the complainant has been ordered to pay the costs.
§ 13. It shall be the duty of the city judge, through the city marshal or his deputies, to inform the city attorney of any and all complaints or affidavits made before him, for a violation of any ordinance of said city : and it is hereby made his duty to
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CHARTER AND ORDINANCES.
appear, in person or by deputy, on behalf of the city and prose- cute all suits commenced for a breach of ordinances.
§ 14. In all cases where the accused is convicted, under the city ordinances, the city attorney shall receive two dollars and fifty cents ($2.50) as a conviction fee ; and the city judge shall tax said fee as a part of the costs ; said fec, when collected, shall be paid over to the city attorney, who shall receipt therefor : Provided, that the city attorney shall not be entitled to such fee unless the fine and costs be paid or worked out on the streets or other public works of said city ; and in no case shall such fee be allowed unless the city attorney or his deputy shall appear and prosecute.
$ 15. All fines, forfeitures, and penalties imposed by virtue of any ordinance of said city now in force, or that may hereafter be in force, for a breach of the same, shall, when collected, be paid over, by the person who shall collect the same, to the city treasurer, for the use of said city, and shall form a part of the revenues thereof.
§ 16. The city marshal shall be entitled to the same fees in all cases arising under the ordinances of said city as are now allowed to constables in criminal cases by the laws of this State.
Passed April 29, 1872.
NUMBER XXI.
AN ORDINANCE REGULATING THE STORAGE OF GUNPOWDER.
§ 1. Certain quantity may be kept in on what terms.
place of business, and how and | § 2. Gunpowder, how and where stored.
SECTION 1. Be it ordained by the City of Shawneetown, That no person or persons shall keep or store in any house, store, warehouse, or other place of business, in said city, a greater quantity of gunpowder than twenty-five pounds at one time ; and the same shall be kept in close tin or copper canisters or cases, and in a situation remote from fires, or lighted lamps, or candles, from which they may easily be removed in case of fire. Nor shall any person or persons be permitted to sell, retail, or give away any gunpowder in said city after candle lighting in the evening ; and every person violating the provisions of this section shall be subject to the penalty of ten dollars ($10) for every offence.
§ 2. That no person or persons shall keep or store gunpowder, in any quantity, within the corporate limits of said city, except as provided in the first section of this ordinance, nearer than six hundred feet from any house or building ; and any person vio- lating this section shall forfeit and pay not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for every offence, and the further sum of five dollars for every day such offence is continued.
Passed April 29, 1872. .
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CHARTER AND ORDINANCES.
NUMBER XXII.
AN ORDINANCE GRANTING THE RIGHT OF WAY AND CERTAIN
WHARF PRIVILEGES TO THE ST. LOUIS AND SOUTHEASTERN
RAILWAY COMPANY.
. SECTION 1. Be it ordained by the City of Shawneetown, That the City of Shawneetown hereby grants and conveys to the St. Louis and Southeastern Railway Company the right of way over the alley north of the line of in-lots numbered 621, 788, and 909, and along the alley east of in-lots 909, 910, and 912, also over, along, and across any streets and alleys within the city limits between the old Alton and Shawneetown grade, now owned and occupied by the said St. Louis and Southeastern Railway Company, to the north side of the street next south- wardly of said old grade, and east of the west line of Locust Street, and west of the low-water mark of the Ohio River, and the right of way across said street next southwardly of the old railroad grade, and over the streets and alleys below the same, and along the Ohio River front southwardly as far as the said company may desire, for one or more inclined tracks to low-water mark of the Ohio River, with the right to use and occupy the public grounds on the river front between the old railroad grade and the north side of the first street southwardly thereof, with such railroad tracks, machinery, elevators, piers, inclines, and other engineering devices and buildings as said railway company shall construct for the purpose of receiving, storing, delivering, and transferring freight and passengers, with the right to use and occupy said river front by such transfer boats, barges, and floating docks as said railway company shall deem necessary and adequate to the transaction of its business ; the said rail- way company shall build and maintain, at its own cost, good and convenient bridges or crossings at all points where its rail- way shall cross a street or alley crossing, and shall grade, and pave, and keep in good repair such part of the river front between the old grade and the first street southwardly ; and in consider- ation of this grant, the St. Louis and Southeastern Railway Company agree to build that part of the high-water levee, here- after to be constructed, from the corner of in-lot 1176 south- wardly along the Ohio River front to the point of intersection with the lower line of said levee north of the big ditch, when the front levee shall have been built to that point: Provided, that nothing in this grant shall give to the said railway company exclusive use of the river front ; nor shall any of the railway approaches or grades built over the said streets or alleys at any time be allowed to obstruct or interfere with any high-water levee hereafter to be built around the city ; and the grade and level of said railroad to the river Ohio, where it crosses or inter- sects the high-water levee, shall be made to conform to the grade and level of such high-water levee as may be hereafter
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CHARTER AND ORDINANCES.
built ; and if at any time the Springfield and Illinois South- eastern Railway shall desire to use the right of way herein granted, it is agreed they may use the same upon paying to the St. Louis and Southeastern Railway Company one-half the entire cost of the work done on the same and one-half the cost of its repairs and maintenance, and also one-half of the cost of constructing such part of the front or river high-water levee as may be included in the consideration above named for the grant, and one-half of the cost of the work done on the river front and of keeping the same in good repair: Provided, that this grant shall not be construed to prevent the city authorities from collecting wharfage, uniform with the other wharves of the city, from steamboats and other water-crafts landing at the wharves built by said railway company under this grant ; but all steam- boats and other water-crafts connected with the transfer of freights or passengers, from or to said railway, across the Ohio River, to or from a point opposite said city, and the company's barges and floating docks, shall be exempt from wharfage, and none others. And any other railroad hereafter constructed, other than the two herein mentioned, shall be entitled to equal privileges within the limits herein specified upon its paying its pro rata of the cost of constructing the approaches, &c., and keeping the same in repair.
Passed August 19, 1871.
NUMBER XXIII.
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