to reconvene.

office of president shall nevertheless be a de facto officer of such village, until a president for such village is elected and qualified pursuant to a charter of which the electors have approved, and the president so elected shall, after the lapse Commission of ten days within which petitions for the selection of a new charter commission may be filed as hereinafter stated, if such petition has not been filed with him, by notice, require the said charter commission to reconvene and upon such notice the said charter commission shall reconvene and within sixty days after such notice, provide such revision, amendment or Revisions, . amendments to the original draft of the charter previously etc. prepared by them as to them shall seem fit. The proposed Resubmission. charter, with such amendment or amendments, shall be resubmitted to the qualified electors of said village in the same manner and with like notice and proceedings as required in the first instance, which proceedings shall continue until the qualified electors of said village have, by a majority vote, approved a charter for said village.

president.

Notice of

SEC. 13. In cases where the qualified electors of a village May petition shall reject a proposed charter, any one hundred electors of de facto said village may petition the de facto president for the selection of a new charter commission, and if said petition shall be Filing of. filed with the de facto president of said village on or before the expiration of ten days from the canvass and determination of the vote on said charter, the de facto president of said village shall, if said petition is signed by the requisite number of electors, certify such fact upon said petition and forthwith file the same with the county clerk or Secretary of State, depending upon the office in which the original petition was filed, and such county clerk or Secretary of State as the case may be, shall give notice of the filing of such petition in the filing. same manner as upon the filing of the original petition and an election shall be called and held and a new charter commission shall be elected in the same manner as in the first instance. The duties of the new charter commission shall be New comthe same as those of the former commission, and as many such mission, successive commissions as necessary may be held in like manner until a charter for such village is framed and approved by the electors thereof. All persons who have served Ineligibility. on previous charter commissions within one year, shall be ineligible as members of every such commission. The first Expenses, legislative body assembled pursuant to a charter adopted by payment of. the electors of such village, shall provide for the payment of the necessary expenses incurred by the county and by the members of such commission or commissions, but the members of the commission shall receive no compensation for their services. The territory constituting the village shall remain Territory, under the control and management of the respective cities, control, villages and townships from which it was taken and the authority of the officers of such cities, villages and townships shall continue until the charter of the new village has

duties of.

etc., of.

Revision of charter.

been adopted and the officers have been elected and qualified as herein provided.

SEC. 14. Any village desiring to revise its charter shall do so in the following manner, unless otherwise provided by charter: When its legislative body shall by a two-thirds vote of the members elect, declare for a general revision of the charter, or when an initiatory petition signed by qualified electors equal to at least twenty per centum of the total vote cast for president at the last preceding election, and verified by the person or persons who obtained such signatures, shall be presented therefor, the question of having a general charter revision shall be submitted to the electors for adoption or Commission, rejection at the next municipal election. In case the electors how selected. shall, by a majority vote, declare in favor of such revision, a charter commission shall be selected consisting of five electors who are freeholders, to be elected at large on a nonpartisan ballot, having a residence of at least two years in the municipality. The five candidates having the greatest number of votes shall be elected.

Nomination, etc., of.

Quorum.

Amendment,

how submitted.

Prosecuting attorneys, duty of.

Governor to examine charter.

SEC. 15. The legislative body of the municipality, unless it is otherwise provided, shall fix in advance of the election of a charter commission, the manner of nominating and electing the same, the place of its meeting, the compensation, if any, of its members, the money for the expense thereof, and provide the ballots for election.

SEC. 16. A majority of those elected shall constitute a quorum of the commission and its powers and duties shall be the same as those prescribed in section eleven of this act.

SEC. 17. Any amendment to the existing charter may be submitted to the electors by a two-thirds vote of the legisla tive body of the village, or may be petitioned for by not less than twenty per centum of the number of electors voting for president at the last preceding election, which petition shall be verified by the oath of the party or parties securing the same and filed with the village clerk. Every such amendment shall be submitted to the electors at the next municipal election occurring not less than forty days thereafter.

SEC. 18. It shall be the duty of the prosecuting attorneys of the several counties to give advice to any and all charter commissions of this State as to whether proposed charters contravene the constitution and general laws of the State and such other information in relation to the formation or revision of charters as they may require. Every charter framed or revised by a charter commission shall, before presentation by the charter commission to a vote of the electors, be presented to the Governor who shall examine the same and append thereto a certificate setting forth that the same has been examined by him, and he may transmit to the charter commission submitting the same any information or recommendations that he may see fit and all such information and recommendations shall be delivered by said charter com

mission with a complete draft of said charter to the legislative body of the village.

SEC. 19. Every charter and amendment thereto before sub- Charter, etc., mission to the electors, shall be published as provided in sec- published.

tion eleven of this act.

become law.

SEC. 20. If the charter, or any amendment thereto, be ap- When to proved, then two printed copies thereof, with the vote for and against duly certified by the village clerk, shall, within thirty days after the vote is taken, be filed with the Secretary of State and a like number with the county clerk, and shall thereupon become law.

SEC. 21. All elections held hereunder shall be paid for by Elections. the locality where held, and except as otherwise provided herein shall receive such publication and notice as the legislative body may determine, and shall be arranged for, held and conducted by the same officers and in the same manner, as near as may be, as general biennial fall elections.

SEC. 22. When any person has committed or is suspected Crime, etc. of having committed any crime or misdemeanor within a village, or has escaped from any village prison, the police officers of the village shall have the same right to pursue, arrest and detain such person without the village limits as the sheriff of the county.

SEC. 23. Each village charter as hereafter adopted or Compulsory amended shall provide:

(a) For the election of a president who shall be the executive head, a clerk, and a commission or other body vested with legislative power, and shall fix their compensation;

(b) For the election or appointment of such other officers or administrative boards as may be deemed necessary; (c) For the levying and collection of village taxes;

(d) That the subjects of taxation for municipal purposes shall be the same as for State, county and school purposes under the general law;

(e) For an annual appropriation of money for municipal purposes;

(f) For the public peace and health, and for the safety of persons and property;

(g) For one or more election districts, the time, place and means of holding elections and the registration of electors;

(h) For keeping in the English language a written or printed journal of all proceedings of the legislative body; (i) For the publication of ordinances before they become operative;

(j) For all sessions of the legislative body and all records of the municipality to be public;

(k) For adopting, continuing, amending or repealing village ordinances;

(1) And for a system of accounts which shall conform to any uniform system required by law.

charter provisions.

Permissible charter provisions.

SEC. 24. Each village may in its charter provide:

(a) For the regulation of trade, occupations and amusements within its boundaries, including the sale of intoxicating liquors and the number of licenses to be issued therefor, but no charter shall permit the sale of such liquors in any county where such sale is prohibited by operation of the general local option law of the State, but may suppress saloons for the sale of spirituous and intoxicating liquors; (b) For the punishment by proper penalties of those who violate its laws or ordinances, no such penalty, however, to exceed a fine of one hundred dollars and ninety days imprisonment in the county jail or village prison, or in any workhouse in the State authorized by ordinance to receive prisoners from such village;

For the establishment of any department that it may deem necessary for the general welfare of the village and for the separate incorporation thereof: Provided, however, That these provisions shall not be construed to extend to public schools;

(d) For the use and enjoyment of the surface of its streets and of the space above and beneath them;

(e) For assessing and reassessing the cost, or any portion thereof, of any public improvement to a special district; (f) For the purchase of private property for any public use or purpose within the scope of its powers;

For selling and delivering water, heat, power and light without its corporate limits to an amount not to exceed twenty-five per centum of that furnished by it within the corporate limits;

For acquiring by purchase, land without its corporate limits necessary for the disposal of sewage and garbage, or for any purpose authorized by the constitution or general laws;

(i) For the use upon the payment of reasonable compensation by others than the owner, of property located in streets, alleys and public places and used in the operation of a public utility;

(j) For a plan of streets and alleys within its limits; (k) For the use, control and regulation of streams, waters and water courses within its boundaries, but not so as to conflict with the laws or action thereunder where a navigable stream is bridged or dammed;

(1) For the enforcement of all such local, police, sanitary and other regulations as are not in conflict with the general law;

(m) For exercising all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be herein expressly enumerated or not; for any act to advance the interest of the village, the good government and prosperity of the municipality and its inhabitants; and for

making all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the constitution in villages, except where forbidden, or where the subject is covered exclusively by a general law.

adoption of.

SEC. 25. Each village may adopt as its charter or any Statutory part of the same, any chapter, act or section of the statutes provisions, of this State in force at the time of such adoption and not inconsistent with the provisions of this act, which relates to the powers or government of villages generally, either by reciting the same in such charter or by appropriate reference thereto.

SEC. 26. No village shall have power:

(a) To submit to the electors a charter or any revision thereof oftener than once in every two years nor unless it shall be filed with the village clerk ninety days before the election: Provided, however, That this provision shall not apply to the submission and resubmission of charters to villages which may be incorporated under this act until they shall have first adopted a charter;

(b) To call more than two special elections within one year: Provided, however, That this prohibition shall not apply to elections which may be held in the submission and resubmission of charters to villages which may be incorporated under this act until they shall have first adopted a charter;

(c) To change the salary or emoluments of any public. official after his election or appointment, or during his term of office, where such office is held for a fixed term, nor shall the term of any public official be shortened or extended beyond the period for which he was elected or appointed, unless he be removed for cause;

(d) To adopt any charter or amendment thereto, unless approved by a majority of the electors voting thereon at any general or special election;

(e) To sell any property of the value in excess of ten cents per capita according to the last preceding United States census or any park, cemetery or any real estate used in carrying on a public utility, or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front or engage in any business enterprise requiring an investment of money in excess of ten cents per capita or authorize any issue of bonds, except emergency bonds as defined by this act, unless approved by three-fifths of the electors voting thereon at any general or special election;

(f) To adopt any scheme for exemption from municipal taxation;

(g) Any village may acquire by purchase or condemnation proceedings land without its corporate limits necessary for the disposal of sewage or the obtaining or protecting of

Restrictions.