Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly,2 That the inhabitants and residents of the town of Galena, in the county of Jo Daviess, shall be and continue a body politic and corporate, in fact and name, under the style of the City of Galena, and as such, and by that name, shall have perpetual succession in law, may contract and be contracted with, sue and be sued, complain and defend in any and all places and courts whatsoever, may have and use a common seal, and alter the same at pleasure, and do all acts as natural persons, and may have, exercise, and enjoy all powers, rights and privileges, and be subject to all the duties and obligations now pertaining to or incumbent upon said town, except so far as the same be altered, modified, enlarged, or restrained by this act. The limits and boundaries of the town of Galena, as laid out by the commissioners, appointed by the General Government, under the act of Congress, passed July 2, 1836, shall be the limits and boundaries of the city of Galena.

Sec. 2. The corporate powers and duties of said city, and the government and administration of all fiscal, prudential, or municipal affairs thereof, shall be vested in a mayor and a board of aldermen, to be chosen in manner hereinafter provided, and who shall constitute the city council.

Sec. 3. The president and trustees of the town of Galena shall, as soon as practicable, after the passage of this act, cause said town to be divided into wards, in such a manner as to include an equal number of inhabitants in each ward, as nearly as may be conveniently done, regard being had to streets, or other well defined bounds of such wards; and the same shall be entered upon the records of the town, and published in the same manner as corporation ordinances of said town are now required to be published; and it shall thereafter be lawful for the city council, not oftener than once in each year, to alter such divisions or wards, or to increase the number thereof, preserving, as nearly as may be conveniently done, an equal number of inhabitants in each ward.

Sec. 4. The city council shall, ten days before any annual election, appoint three judges of election for each ward, who shall remain in office one year, and have the same power as judges of general elections in this State: Provided, That the president and trustees of the town of Galena shall appoint the judges for the first election under this act.

Sec. 5. The president and trustees of the town of Galena, as soon as practicable after the acceptance of this act, shall, by ordinance, fix and determine the day of the first election, and also the day on which the mayor and aldermen first elected shall enter upon the duties of their offices; and on the day so to be fixed for the first election, and on the first Monday in March in each subsequent year, the white male citizens of

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Galena shall, in their respective wards, and at such hour, and place, or places, as shall be ordered by the president and trustees for the first election, and by the city council for all subsequent elections, proceed to elect, in such manner as the president and trustees for the time being, or the city council, shall ordain, some person to be mayor of said city, and two persons in each ward, who shall be residents in the ward for which they may be elected, to be aldermen: Provided, That no person shall be eligible to the office of mayor or alderman, who shall not have resided within said town or city for at least one year next immediately preceding his election, or who shall be under the age of twenty-one years, or who shall not, at the time of his election, be a house-holder in said town or city, and a citizen of the United States, and no other qualifications shall be required.

Sec. 6. No person shall vote at any election under this act, except in the ward in which he resides at the time of such election, nor unless he shall have attained the age of twenty-one years, and shall have resided within said town or city for at least six months next immediately preceding such election, and shall be a citizen of the United States; and every person shall, if required by any qualified voter, before he shall be permitted to vote, take the following oath or affirmation before the judges of election, or any one of them:—“You swear (or affirm) that you are twenty-one years old; that you have resided in the town or city of Galena, for six months next immediately preceding this day; that you are now a resident of this ward, and a citizen of the United States; and that you have not voted at this election.”

Sec. 7. In all elections under this act, poll-books shall be kept by the judges of elections in their respective wards in the manner in which poll-books of State elections are required to be kept; one copy whereof, certified by said judges, shall be returned forthwith to the clerk of the city, who, upon the receipt thereof, shall file the same; and the said city council shall, on the day after such election, meet and examine and compare all said returns; and that person who shall have received the greatest number of all the legal votes cast for mayor, in all the wards of said city, shall be mayor for the ensuing year, and until his successor shall be elected and qualified; and those two persons in each ward, who shall have received the greatest number of all the votes cast in the respective wards for aldermen, shall be aldermen for such wards for one year, and until their successors be chosen and qualified; and the said city council shall issue certificates of election, under the seal of the corporation, to each person so elected, and in said certificate shall specify a time, not less than three days, nor more than seven days after such election, and a place within said corporation, when and where the persons elected shall attend and take the oath or affirmation of office: Provided, In the first election under this act, all the

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duties required to be performed by the city council, and by the clerk of the city, shall be performed by the president and trustees of the town of Galena, and by their clerk, respectively: Provided, In case the first election under this act shall not take place on or before the first Monday in March, 1839, the mayor and aldermen chosen at said first election shall hold their office till their successors be chosen and qualified under this act.

Sec. 8. Vacancies in the office of mayor or aldermen shall be filled by special election, to be called by the city council, and to be conducted in the same manner as annual elections: Provided, In case, after the first election under this act, it shall ever happen that all the offices of mayor and aldermen be vacant, the clerk of the city shall perform all the duties required to be performed by the city council in relation to elections: And further provided, That not less than ten days’ notice shall be given of any annual or special election.

Sec. 9. After the first election under this act, the mayor and aldermen shall enter upon the duties of their offices on the second Monday in March, in each year, or as soon after as practicable; previous to which, the mayor elect shall be sworn or affirmed by some judge, or justice of the peace within the county of Jo Daviess, to support the constitution of the United States and of the State of Illinois, and well and truly, to the best of his ability, to discharge the duties of his office; and the mayor, or such judge or justice, shall administer the like oath or affirmation to the several aldermen; and certificates of all such oaths or affirmations shall be entered upon the journal of proceedings.

Sec. 10. In case the mayor shall at any time be guilty of a palpable omission of duty, or shall wilfully and corruptly be guilty of oppression mal-conduct or partiality in the discharge of his office, he shall be liable to indictment in the circuit court for Jo Daviess county, and on conviction he shall be fined not less than two hundred dollars; and the court shall have power, on the recommendation of the jury, to add to the judgment of the court that he be removed from his office.

Sec. 11. The mayor shall preside at all meetings of the city council, and shall have a casting vote and no other: in case of non-attendance of the mayor at any meetings, the aldermen shall appoint a chairman, who shall preside at that meeting.

Sec. 12. The mayor or any two alderman may call special meetings of the city council.

Sec. 13. The mayor shall at all times be active and vigilant in enforcing the laws and ordinances for the government of said city; he shall inspect the conduct of all subordinate officers of said city, and cause negligence and positive violation of duty to be prosecuted and punished; he shall from time to time communicate to the alderman such information, and recommend all such measures, as in his opinion

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may tend to the improvement of the finances, the police, the health, security, comfort, and ornament of the city. He is hereby authorized to call on every male inhabitant of said city, over the age of eighteen years, to aid in enforcing the laws and ordinances, and, in case of a riot, to call out the militia to aid him in suppressing the same, or in carrying into effect any law or ordinance. Any person who shall not obey such call of the mayor or his agent, shall forfeit to the said city a fine not exceeding fifteen dollars. The mayor shall have power, whenever he may deem it necessary, to require of any of the officers of the said city, an exhibit of his books and papers. He shall have power to do all that may be required of him by any ordinance made in pursuance of this act. He shall also be a justice of the peace in said city, and as such he shall have power and authority to administer oaths, issue writs and process under the seal of the city: he shall have concurrent jurisdiction with all other justices in all civil and criminal cases within the limits of said city, and shall receive the same fees and compensation for his services. He shall have power and authority to take the acknowledgments of deeds, mortgages, and all other instruments and certify the same under the seal of the city, all of which shall be good and valid in law. He shall also have such jurisdiction as may be vested in him by ordinance of the city in and over all places within six miles of the boundaries of the city, for the purpose of enforcing the health and quarantine ordinances and regulations thereof: and he shall receive for his services such salary as shall be fixed by an ordinance of the city.

Sec. 14. The mayor and alderman shall be commissioned by the Governor as justices of the peace, and as such shall be conservators of the peace within the city (of) Galena, and shall severally have all the jurisdiction and powers of justices of the peace in criminal and civil matters.

Sec. 15. In case the mayor shall remove from said city, his office shall thereby be vacated. In case any alderman shall remove from the ward in and for which he was elected, his office shall thereby be vacated. In case the mayor elect, or any alderman elect, shall refuse or neglect to attend at the time and place specified in his certificate of election to take the oath or affirmation of office, and shall not, within seven days after his election, offer a reasonable excuse for such non-attendance, or shall refuse to take the said oath or affirmation, his office shall be thereby vacated.

Sec. 16. At all meetings of the city council, a majority of all the alderman elected shall constitute a quorum to do business, but a minority may adjourn from day to day, and compel the attendance of absent members, in manner to be provided by the city council.

Sec. 17. The city council are hereby declared to be the successors in office of the president and trustees of the town of Galena, and may take and hold property in trust or otherwise.

Sec. 18. The city council shall be judges of the qualifications, elections and returns of their members, and shall have power to make and enforce rules of proceeding; to compel the attendance of absent members; to punish for disorderly conduct; and, by a vote of two-thirds of the alderman elected, to expel any alderman. But if such alderman be re-elected, to fill the vacancy occasioned by his expulsion, he shall not be again expelled for the same offence.

Sec. 19. The city council shall have full power and authority to assess, levy, and collect taxes upon all property, real and personal, within the limits of said city, except the wearing apparel of any person, and the necessary implements and tools of any person used in the exercise of his or her profession, trade or calling, and to regulate by ordinance the mode of collecting the same: Provided, That no tax shall exceed the yearly rate of one-half per centum upon the assessed value of the property taxed.

Sec. 20. All taxes may be collected by distress and sale of the property taxed, and, if there be no purchaser, the same may be bought by the city of Galena.

Sec. 21. Whenever, after paying all taxes due and all costs of sale and collection, there shall remain any overplus of the money received from such sale of any property for tax or taxes, such overplus shall be paid, without interest, to the owner or owners of the property sold, his, her, or their representatives, on demand: Provided, That no greater amount of real estate shall at any time be sold than will be sufficient to pay the taxes and costs due from such person.

Sec. 22. All real property sold for any tax or taxes, by the city council, shall be subject to the same right of redemption, and the same terms as now are or may hereafter be provided by the laws of this State for the redemption of real estate sold for taxes due the State.

Sec. 23. The said city council shall have full and exclusive power and authority to license, tax, and regulate merchants, vendors of goods of merchandize, tavern keepers, ordinaries, auctioneers, pedlers, hackney carriages, wagons, carts and drays, brokers of all kinds, common carriers, common porters, and all ferries within said city; to tax, license, regulate, and restrain or prohibit theatrical or other shows, groceries, retailers, tipling-houses, houses of entertainment, and the going at large of dogs, horses, cattle, swine, sheep and goats; to prohibit steam locomotives from being run upon any road or railroad within the inhabited parts of said city; to prohibit and restrain gaming and gaming-houses; to prohibit the firing or discharge of any fire-works within said city, or of any gun or fire-arm in said city, except in defence

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of the person or family, or property of any citizen, and except by any military company; to establish night watches and patrols; to erect lamps, sink wells, and erect and repair and maintain pumps in the public squares, streets and places; to construct, widen, alter, preserve, or discontinue streets, lanes, ways, squares, drains, and wharves; to pave, Mcadamize, and grade the same, and remove obstructions therefrom; to construct side-walks at the expense of the owners of lots in front of which the same shall be constructed, or at the expense of the city; to regulate weights and measures to be used in said city, and seal the same; to regulate, parapet and partition walls, and fences; to regulate the anchorage and mooring of vessels; to regulate the erection of public and private wharves, and the rates of wharfage thereat; to inspect wood, building materials, coal, lime, and provisions of all kinds; to regulate guaging, the weighing of hay, the measure of coal, wood, and lime; to prevent forestalling; to prevent and remove nuisances; to prevent the introduction of contagious diseases, and for this purpose to make health and quarantine regulations, and enforce the same in all places within six miles of the boundaries of said city; to provide for preventing and extinguishment of fires; to organize fire companies, and appoint fire wards; to regulate the storage, sale, and transportation of all combustible materials, and burial grounds owned by said city; to license, tax, or prohibit the sale of any lottery tickets within said city; to borrow, upon the faith and pledge of the city, so much money as they may deem necessary and expedient, not exceeding twenty-thousand dollars in any one year, and to issue bonds, scrip, or certificates therefor; the money so borrowed to be expended and applied in liquidation of the debts of said town or city, and in the permanent and useful improvements thereof; to take, purchase, and hold estate, real and personal, and to lease or sell the same.

Sec. 24. The said city council shall have power and authority to prevent and punish riots, disturbances, disorderly assemblages, and disorderly houses; any open indecencies, breaches of the peace, horse-racing, obstructing the streets, side-walks, or public high-ways; and, generally, to regulate and maintain the police of said city.

Sec. 25. That upon the application of the owners of two-thirds of the front of the lots on any street or parts of a street, it shall be lawful for the city council to levy and collect a special tax on the owners of the lots on said street or parts of streets, according to their respective fronts, for the purpose of grading and paving the side-walks on said street: and, upon similar application, to levy and collect a tax in the same manner, for the purpose of erecting lamps and lighting the same.

Sec. 26. Upon complaint made, on oath, by any alderman or fire-ward to the mayor, or any justice of the peace resid-

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ing within the said city, that he has reason to suspect, and does suspect, that combustible materials are stored in an unsafe way, or that any stove-pipe, flue of any chimney, is in an unsafe condition, so that the safety of any buildings is endangered thereby, said mayor or justice shall issue his warrant, directed to the marshal or his deputy, ordering him, after demand of entry, in the name of the city, at the door of the building, and there search for such cumbustible materials, and examine such stove-pipe, flue or chimney, and make return forthwith of his doings to the said mayor or justice; and if, upon examination of such return, the said justice shall find that the said complaint was true in substance, the matters complained of shall be abated or removed, as nuisances, in manner to be provided by ordinance, and the occupant of the building dealt with in manner to be provided by ordinance.

Sec. 27. The said city council, whenever, in their opinion, the safety or convenience of the inhabitants of said city shall require it, are hereby empowered and authorized to alter or discontinue any street, lane, alley, way, square, wharf or drain, or to lay out, open or construct any new street, lane, way, square, wharf or drain, and for that purpose may take any land that may be required for the same, and remove any building whatever, upon giving twenty days’ notice thereof in any newspaper published in said city of Galena; and the said street, lane, way, square, wharf, or drain, being recorded in the records of said city, shall thereby be established as such; and the owner or owners, or tenant for years, of any lands, tenements, or buildings that may be injured by such discontinuance or alteration, or that may be taken or removed, shall receive such recompense for any damages sustained thereby as the parties interested therein and the said city council shall agree upon, or as shall be awarded by arbitration; in case the parties shall submit the same to arbitration, such submission in all cases to be made a rule of court in the circuit court for Jo Daviess county; or, in case of disagreement and refusal of any party to submit to arbitration, such recompense as shall be ordered and decreed by the said circuit court, sitting as a court of chancery, and which recompense or amount of damages shall be ascertained by said court in the following manner: Application to said court, either by said city of Galena, or any party interested in any lands, tenements or buildings, taken, removed, or injured, as owner or tenant for years, shall (be) by petition, addressed to said court, sitting as a court of chancery; which petition shall be filed with the clerk as bills in chancery are, and shall state the facts of the case, and the redress prayed for; and the said court shall have power to make all necessary rules and orders, and to bring all proper persons as parties before said court, in order to make a final decree in and concerning the premises; and said court shall proceed, by the

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examination of witnesses, in open court, and by depositions taken in the cause, to make a final decree and assessment of damages, if any; or, on the application of said city, or any party, may cause the quantum of, or right to, any damages to be assessed by a jury in said court, without formal pleadings, and render a decree accordingly.

Sec. 28. Whenever any person or persons shall apply to the city council, praying for any alteration of any street, or for the opening of any new street, way, lane, square, wharf or drain, and the said council shall see fit to grant such application, in whole, or in part, it shall be lawful for said city council to settle and adjust, with any person whatever, the amount which shall be assessed and paid to the city of Galena, upon his or their property, by reason of any benefit resulting from such alteration or improvement; and all contracts whatever, in relation to the same, shall be good and valid.

Sec. 29. No street, lane, way, square, wharf or drain, shall be laid out or constructed in, upon, or through any enclosure used or appropriated to the burial of the dead, unless, if the same belong to the city, the consent of the inhabitants be first had and obtained; or, if the same belong to any religious, or other society, unless the consent of such society be had and obtained.

Sec. 30. The said city council shall have power and authority to erect, purchase, acquire, hold, maintain, and regulate hospitals, jails, houses of correction, work-houses, markets and other public buildings and places, and shall also have power and authority to construct, or cause to be constructed, aqueducts, or other water-works, for the purposes of bringing water within the said city, and to regulate and maintain the same; for which purposes, private property may be taken and entered upon; compensation for damages actually sustained thereby to be made and adjusted as provided in section twenty-seven.

Sec. 31. The said city council shall have power and authority to build and construct, or cause to be constructed, and to keep in repair and maintain so many public free bridges over and across Fever river and the branches thereof, within said city, as to them shall seem necessary and expedient, any law of this State to the contrary notwithstanding; and lands and buildings may be taken or removed therefor in manner provided in the twenty-seventh section of this act; and they shall have power to regulate the manner in which said bridge or bridges shall be used so as to preserve the same: Provided, Nothing in this act shall authorize said city council, or any other person, to ask, demand, or receive any rate or toll of or from any passenger over said bridge or bridges, or of or from any vessel or boat passing the same: And further provided, That the said city council shall be holden to make compensation to any person whose land may be appropriated to the use of said bridge or bridges over

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and across the main river—shall be constructed either with an arch not less than forty-five feet high above ordinary high water, by not less than one hundred feet span, or with a draw not less than sixty feet wide: And further provided, That said city council shall afford all necessary and proper accommodation to vessels and boats that have occasion to pass such bridge or bridges by night or day; and if any vessel or boat be unreasonably delayed or hindered in passing the draw of any such bridge or bridges, by the negligence of the said city council, or of their agents, in discharging the duties enjoined upon them by this section, the owner or commander of such vessel shall recover reasonable damage therefor of said city, in action upon the case.

Sec. 32. The said city council shall, by virtue of their offices, be trustees of common schools in and for the said city of Galena, and they shall also have full power and authority to establish, maintain, and regulate such schools as they may think proper and expedient; and all money arising from any fund for the support of schools, or for educational purposes, either from the Government of the United States or from the State of Illinois, and to which the inhabitants of Galena may now or hereafter be entitled, shall be paid to the treasurer of the city of Galena, to be expended by said city council, for purposes of education, within the limits of said city, and for no other purpose.

Sec. 33. No member of the city council shall, during the period for which he was elected, be directly or indirectly interested in any contract, the expenses or consideration of which are to be paid from the city treasury, under any ordinance of said council: Provided, Nothing herein contained shall be construed to prohibit the mayor or any officer of said city from receiving his salary or fee as such officer.

Sec. 34. The city council shall, at least ten days before any annual election under this act, publish, in one or more newspapers in Galena, a full and correct statement of the receipts and expenditures of the city, from the date of the last annual statement, and therein shall set forth the particular amounts received, and from what sources, and the purposes for which the same have been expended, and the amounts due to, and the amounts owned by, said city, together with a particular statement of all city property, and such other information as may be necessary for a full and perfect understanding of the financial concerns of the city.

Sec. 35. The city council shall, in each year, appoint one or more assessors, a treasurer, a collector, an attorney and solicitor, a city marshal, a superintendent of ways and bridges, and a city clerk, and such other officers as they may deem proper and expedient, and shall define their several duties and tenure of office, regulate and prescribe the mode of appointing deputies, fix and regulate their salaries and fees, and require all persons intrusted with the collection,

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custody, or disbursement of the public money or property, to give such bond and sureties as may be necessary to secure accountability in the affairs of said city. And all persons appointed to any office by the city council shall, before, entering upon the duties thereof, be sworn or affirmed to the faithful discharge of the duties of said office; and which oath or affirmation shall be made before the mayor of said city, or some judge, or justice of the peace, residing in the county of Jo Daviess, and a certificate of said oath entered upon the journal of proceedings. The city marshal and his deputies, appointed in the manner to be prescribed by the city council, shall possess the same powers and perform the same duties, within the limits of the city, as the constables in the different counties possess and perform, and shall have such further powers, and perform such other duties, as may be prescribed by any ordinance of said city under this act; and, in addition to the fees now chargeable by the constables, said marshal and his deputies may be allowed fifty per cent. thereon.

Sec. 36. The said city council shall have power and authority to pass all ordinances, or by-laws, and to do all other acts and things necessary to give effect and operation to the powers vested in the said city by this or any former act, or vested in said city, as a municipal corporation, by common law: Provided, Such ordinances be not repugnant to the constitution of the United States, nor to the constitution or laws of this State.

Sec. 37. The enacting style of all ordinances or by-laws, shall be as follows:

Be it ordained by the mayor and aldermen of the city council of Galena, in council. And all such ordinances and by-laws shall be signed by the mayor, or, in case of his absence from the city, by the chairman of the meeting, and the clerk of the city shall countersign the same, and certify the day of the passage thereof; and such ordinances shall not take effect till the tenth day after the same have been published in some newspaper in Galena, or posted up in three of the most public places of said city. And all ordinances and by-laws, so passed and published, shall be binding upon and against all persons coming within the limits of said city, as well as upon the inhabitants thereof.

Sec. 38. All copies of such ordinances or by-laws, certified by the clerk or mayor, under the seal of said corporation, and all printed copies of the same, purporting to be printed by authority of the city council, shall be evidence in all courts whatever; and all transcripts from the record or journal of the proceedings of the said city council, or of the said president and trustees of the town of Galena, certified by the mayor or clerk of the city, under the seal of the corporation, shall be evidence in all courts whatever, in the same manner as if the original were produced.

Sec. 39. The said city council may impose a fine or forfeiture, not exceeding one hundred dollars for any one offence, upon the breach or violation of any ordinance or by-law of said city, or upon the neglect or violation of any duty imposed by such by-law or ordinance, and may also punish such violation or neglect by imprisonment, not exceeding ten days, either in lieu of or in addition to such fine or forfeiture; and all fines, forfeitures or penalties imposed by this act, or by this ordinance or by-laws of said city, may be sued for and recovered in the name of the said city, before any justice of the peace residing within the limits of said city, by action of debt, or otherwise; and it shall be the duty of any justice of the peace residing in said city, and he is hereby authorized and empowered, on complaint being made to him, on oath, of the violation of any law or ordinance of said city, or of the neglect or violation of any duty imposed thereby, to issue his warrant, directed to the city marshal or his deputy, or, in their absence, to any authorized county officer, to apprehend the offender or offenders, and bring him or them forthwith before him; and if after hearing the evidence it shall appear that the accused has been guilty of the violation of any such law or ordinance of said city, of neglect or violation of any duty imposed thereby, to impose such fine or imprisonment as may be pointed out in such by-law or ordinance. And in all cases, execution for the amount of such fine, forfeiture, or pecuniary penalty, with costs, shall issue forthwith against the goods, chattels, and body of the person or persons convicted; which execution shall be levied on the goods and chattels of the offender or offenders; and if no such goods or chattels be found, he or they may be taken and imprisoned, in addition to any imprisonment imposed by such ordinance or by-law, or by the court or magistrates as above provided, in the county or city jail, forty-eight hours for the first ten dollars of such fine, forfeiture, or pecuniary penalty, and twenty-four hours for each additional ten dollars thereof: Provided, however, That writs of certiorari and appeals shall be granted from judgments under this act, as in other civil cases; and in all cases under this act, the defendant shall be entitled to an appeal to the circuit court, by entering into bond or recognizance, as the case may require, before the clerk of the circuit court of Jo Daviess county, within twenty days after the rendition of the judgment, with such security and in such an amount as the clerk may think right and proper.

Sec. 40. In all cases where the penalty shall be pecuniary alone, and shall not exceed twenty dollars, the matter shall be tried and determined by the magistrate; in all other cases, either party shall be entitled to a jury.

Sec. 41. No trial shall be continued on the application of the defendant, unless the defendant enter into recognizance to the said city, with one or more sufficient securities, inhab-

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itants of said city, conditioned for said defendant’s appearance pursuant to such continuance.

Sec. 42. No person shall be disqualified from being a judge, juror, witness, or officer, in any suit or action whatever under this act, or under any ordinance of the city council, by reason of any interest he may have as an inhabitant of said city, or as an officer thereof, in common with other inhabitants of said city, in any money or property to be recovered thereby.

Sec. 43. The said city council shall keep in repair all necessary public roads within the limits of said city, and one mile from the centre thereof; and for that purpose shall have full and exclusive power and authority to call on all able-bodied men, over the age of twenty-0ne years, residing in said city, to perform three days’ labor on the roads and ways of the said city, and within one mile of the centre thereof, or to pay into the city treasury the sum of one dollar for each day any person shall omit or refuse to labor; and said city shall have power to sue for and collect the same.

Sec. 44. Whenever, from any cause, the annual election of mayor and aldermen shall not be duly held on the first Monday of March, it shall be lawful for said inhabitants to hold the same at any day thereafter, upon the required notice being given.

Sec. 45. This act to be a public act, and to take effect from and after the time the same shall be accepted by a vote of the majority of the inhabitants of said city. And the president and trustees of the town of Galena shall, at as early a day as practicable after the passage of this act, cause the same to be published in all the newspapers in Galena, and, by at least ten days notice, call upon voters qualified by this act to vote, at such time and place, and in such manner as shall be directed in said notice, for or against acceptance of this act. And the said president and trustees shall appoint judges of said election, as in other elections; and the said president and trustees shall forthwith, by public notice, declare the result of said election, and, if this act be accepted, shall fix and declare a day of election for city officers, and a day for the organization of city government.3

Approved, 15th February 1839.4