ORGANIZATION AND ACTS-VALIDATION.

§ 1. Organization and acts of certain § 2. Emergency. muincipalities validated.

(HOUSE BILL No. 479. APPROVED JUNE 27, 1923.)

AN ACT to legalize the organization and corporate acts of certain cities, towns and villages.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Whenever any city, town or village has held an election to incorporate as a city or village under the general law, and the returns of such election have not been entered upon the records of such village or of the County Court, showing the canvass of votes and the result of the election for first officials, and a certified copy of such records, filed and recorded in the office of the recorder of deeds in the county in which such city or village is situated, and filed in the office of the Secretary of State, such elections so heretofore held by any such city, town or village are, if otherwise legal, hereby declared legal and valid: Provided, such returns of such elections have now been made, or shall be made within six months from the date when this Act becomes effective, and certified copies of the same are filed and recorded as required by section 13 of "An Act to provide for the incorporation of cities and villages," approved April 10, 1872, as amended, within said six months, and all elections of officers and organization of any city or village in this State under and by virtue of any such election, if otherwise according to law are hereby legalized and made effective, and all the acts of any such city or village, if otherwise legal, are also hereby made legal and binding; and upon the filing and recording as aforesaid, the Secretary of State shall charter said city or village by his certificate duly authenticated under his hand and the great seal of the State.

§ 2. Certain cities, towns and villages which have been improperly or incompletely organized because of some failure to carry out the provisions of law relative to organization, are exercising the corporate powers and functions of properly organized cities, towns and villages without lawful authority, including the levying of taxes and the expenditure of money. It is important to provide for completing the organization of such cities, towns and villages, at the earliest possible moment; therefore, an emergency exists, and this Act shall take effect upon its passage.

APPROVED June 27, 1923.

(SENATE BILL NO. 30. APPROVED JUNE 26, 1923.)

AN ACT to amend section 5 of Article XI of “An Act to provide for the incorporation of cities and villages," approved April 10, 1872, as amended.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Section 5 of Article XI of "An Act to provide for the incorporation of cities and villages," approved April 10, 1872, as amended, is amended to read as follows:

§ 5. Whenever any area of contiguous territory, not exceeding two square miles, shall have resident thereon a population of at least two hundred inhabitants, and which territory is not included within the limits of any incorporated town, village or city, the same may become incorporated as a village, under this Act, in the manner following: Any thirty legal voters resident within the limits of such proposed village may petition the county judge of the county in which they reside, to cause the question to be submitted to the legal voters of such proposed village whether they will organize as a village under this Act. And if the territory described in said petition shall be situated in more than one county, then the petition shall be addressed to the judge of the County Court of the county where a greater part of such territory is situated. Such petition shall be addressed to the county judge, contain a definite description of the lands intended to be embraced in such village, the number of inhabitants resident therein, and the name of such proposed village.

APPROVED June 26, 1923.

AN ACT to amend section 1 of "An Act to authorize the election of police magistrates in towns, cities and villages where the same are not now provided for by law," approved April 13, 1875, as amended. Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Section 1 of "An Act to authorize the election of police magistrates in towns, cities and villages where the same are not now provided for by law," approved April 13, 1875, as amended, is amended to read as follows:

§ 1. All towns, cities and villages in the State which have been incorporated under charters granted by special Acts or under a general

Act, when the law under which they are incorporated does not authorize the election of a police magistrate, be and they are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this Act, and quadrennially thereafter. Such police magistrate shall hold their offices for the same term, be commissioned and qualified, and have the same jurisdiction and fees as police magistrates of villages have under the general law for the incorporation of cities and villages: Provided, that in all cities, towns and villages in this State where a police magistrate is now elected at a time when no regular city election is held for other city officers, the police magistrate elected at the last election shall hold his office until the next regular election of city officers which shall occur after the expiration of the term of office for which the magistrate now holding office is elected, and every four years thereafter: Provided, however, that in all cities and villages which have adopted "The Commission Form of Municipal Government," provided by the statutes of this State, where a police magistrate is now elected at a time when no regular city election is held for the election of a mayor and commissioners the police magistrate elected at the last election shall hold his office until the next regular election of mayor and commissioners, which shall occur after the expiration of the present term for which such police magistrate has been elected, and such cities and villages be, and they are hereby authorized to elect one police magistrate at the first regular election for mayor and commissioners which shall occur after the expiration of the term of office for which the police magistrate now holding office is elected, and every four years thereafter.

After July 1, 1923, in cities and villages that have adopted the Commission Form of Municipal Government, candidates for the office. of police magistrate shall be nominated and elected in the manner provided in Article XIII of "An Act to provide for the incorporation of cities and villages," approved April 10, 1872, as amended, for the nomination and election of candidates for the office of mayor.

(SENATE BILL No. 328. APPROVED JUNE 28, 1923.)

AN ACT to amend an Act entitled, "An Act to provide for the setting apart, formation and disbursement of a police pension fund in cities, villages and incorporated towns in the State of Illinois having a population of not less than 5,000 and not more than 200000 inhabitants," approved June 14, 1909, in force July 1, 1909, as subsequently amended, by amending sections 1 and 6 thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act

to provide for the setting apart, formation and disbursement of a police pension fund in cities, villages and incorporated towns in the State of Illinois having a population of not less than 5,000 and not more than 200,000 inhabitants," approved June 14, 1909, in force July 1, 1909, as subsequently amended, be, and the same is hereby amended by amending sections 1 and 6 thereof to read as follows:

§ 1. That in all cities, villages and incorporated towns having a population of not less than 5,000 and not more than 200,000 inhabitants, said population to be determined by the United States government statistics, there shall be set apart the following moneys to constitute a police pension fund:

First: Three-fourths of all moneys received for licenses upon dogs.

Second: All moneys received for special detail of police officers. Third: Ten (10%) per cent of all fines collected for violation of city ordinances.

Fourth: One (1%) per cent per month, which shall be paid or deducted from the pension of every police pensioner of such city, village, or incorporated town.

Fifth: All moneys received from fines imposed upon members of the police department of such city, village or incorporated town for violation of the rules and regulations of the police department.

Sixth: All rewards given or paid to members of such police force except such as shall be excepted by the board of trustees of the police pension fund.

Seventh: One (1%) per cent per month, which shall be paid or deducted from the salary of each and every member of the police department, of such city, village or incorporated town: Provided, however, the sum so received shall not exceed two ($2.00) dollars per month.

Eight: Ten (10%) per cent of all revenue collected from licenses by such city, village or incorporated town not heretofore mentioned in this bill.

Ninth All moneys that may have accumulated by such city, village or incorporated town in conformity with any previous legislation establishing a fund for the benefit of disabled or superannuated policemen, and one-half of all the funds accumulated by any such city, village or incorporated town for the benefit of disabled or superannuated police or firemen by virtue of any previous legislation. Provided however, there shall not be collected by any city, village or incorporated town in any year more than five thousand ($5,000.00) dollars from all sources heretofore mentioned in this section, and should it be necessary to reduce the collections as above provided, the reduction shall be made from the amount collected for fines for violation of city ordinances.

Tenth: The city council or board of trustees of any such city, village or incorporated town shall levy a tax annually of three-tenths of a mill on the dollar on all taxable property of such city, village or incorporated town. Such tax shall be levied and collected in like manner with the general taxes of such city, village or incorporated

town and shall be in addition to all other taxes which such city, village or incorporated town is now or hereafter may be authorized to levy upon the aggregate valuation of all property within such city. village or incorporated town, and shall not in any event be included within any limitation of rate for general corporate purposes, as now or hereafter provided by law, but shall be excluded therefrom and be in addition thereto. The county clerk in reducing tax levies under the provisions of section 2 of an Act entitled, "An Act concerning the levy and extension of taxes," approved May 9, 1901, in force July 1, 1901, and subsequently amended, shall not consider the tax herein authorized as a part of the general taxes levied for city, village or incorporated town purposes and shall not include the same in the limitation of three per cent of the assessed valuation upon which taxes are required to be extended. Said tax, when collected, shall be paid to the police pension fund as a part thereof."

§ 6. Whenever any member of the police force of any city, village or town shall lose his life while in the performance of his duty or receive injuries from which he shall thereafter die, leaving a widow, or child, or children under the age of sixteen years, or parent who is dependent upon such policeman for maintenance and support, then, upon satisfactory proof of such facts made to it, such board shall order and direct that a yearly pension equal to one-half the salary received by said member, not to exceed $1,250.00 per year, shall be paid to such widow during her life, or if there be no widow then to such child or children until they shall be sixteen years of age or if there be no widow or child under the age of sixteen years then to such parent, if such there be, as is dependent upon such policeman for their support: Provided, if such widow, child or children or dependent parent shall marry, then such person so marrying shall thereafter receive no pension from this fund: And, provided, further, that whenever any member of the police force of such city, village or town shall have retired or shall have been retired after twenty years service or on account of being physically disabled, shall then marry, such wife or child, or children or dependent parent of such policeman, shall after his death, receive no pension from said fund. Whenever any member of a police force shall die after ten years service therein and while still in the service of such city, village or town, leaving a widow or child or children under the age of sixteen years or dependent parent upon such policeman for their maintenance and support, then upon satisfactory proof of such fact made to it, said board shall order and direct that a pension equal to one-half of the salary of such policeman: Provided, however, that the sum shall not be more than $1,250.00 per year, shall be paid to such widow, or, if there be no widow, then to such child or children until they shall be sixteen years of age, or if there be no widow, or child under the age of sixteen years, then to such parent or parents as is or are dependent upon such policeman for their support, said pension to cease upon the marriage, as is heretofore provided.

APPROVED June 28, 1923.