in the park for the maintenance of order, to prevent nuisances, and to make and establish all necessary police regulations governing the same (ch. 15, art. 9).

Sale of park lands. Whenever a petition signed by a majority of the electors is presented for the sale of any of the commons, parks, or public grounds, the governing body must consider the same and authorize the sale. No sale may be made of any land upon which a public building has been erected, or which has been improved for park purposes and is generally used by the public, or where owners of lots facing upon such commons, parks, or public grounds have erected business houses or other permanent buildings, without the written con sent of the owners of such lots. A conveyance vests in the purchaser a free simple title freed from all trusts (ibid.).

Commission form of government. In cities of the third class operating under the commission form of government, the mayor has under his special charge the public parks of the city (ch. 15, art. 14).

CITIES GENERALLY

PARKS

Acquisition of land; disposal; election.-Cities may purchase or lease land within or without the corporate limits to be used as public parks or squares for the benefit of the people. Any park or square owned may be sold, and the money derived applied to the purchase of parks or squares or the equipment necessary to make the same of the greatest benefit to the people. However, no purchase or sale may be made until authorized by a majority of all votes cast at an election held for the purpose. In cities located in counties having a prescribed population and valuation and bordering upon another State, where the expenditure or the purchase is less than $2,000, no election need be held (ch. 12, art. 13).

Bonds; levy; park tax.-For the purpose of purchasing land for park purposes, or for the erection of buildings thereon, or for improvements, bonds may be issued or a special levy made when the proposition is approved by a majority vote at any general or special election. Where the expenditure is less than $2,000 no election need be held. A park tax may also be levied for the maintenance of the parks (ibid.).

Control and regulation.-Parks so established are to be under the control of the governing body, which must provide for the establishment and care of the same out of the funds raised as aforesaid; also make suitable regulation for their care and government (ibid.). Condemnation. The city may condemn or appropriate any private property for park purposes, either within or without the city limits (ibid.).

Tourist camps in parks; receipts. If deemed expedient and proper by the governing body, tourist camps may be maintained in any city park. Receipts from the operation of tourist camps are to be used to defray the expense of such camps, and any surplus therefrom is to be paid into the general fund or park fund, as the governing body may direct (ibid.).

Cemetery land for park purposes.-Any city may set aside for park purposes any portion of cemetery land owned that is unsuit

able for burial purposes; and when thus set aside is to be deemed and held to be public park and not cemetery land (ibid.).

Adverse possession. Whenever by gift or donation from any fee title owner any city has received and taken possession of any ground and used the same for a public park for 15 years or longer, and during such time has been in undisputed possession of the same, the title to any such ground so used vests in such city although no formal deed of conveyance by the grantor was ever executed or recorded (ch. 67, art. 2).

COUNTIES

PARKS AND RECREATION GROUNDS

Authority; land acquisition.-Any county may establish and maintain a park and recreation ground within the county, and may take and acquire title to lands, including any and all rights therein, by condemnation, gift, purchase, or otherwise (ch. 19, art. 28).

Referendum; bonds; tax.-The commissioners may submit the question of the establishment of such a park to the electors, and if petitioned for by not less than 20 percent of the electors, they must submit the question. At the same election there must also be submitted the question of whether the fund to pay for such purposes be raised by the issuance of bonds or by special levy therefor. The cost of real estate, establishing and improving the park, may not exceed $15,000, exclusive of donations and gifts (ibid.).

Donations; regulations; supervisors. The county may receive donations and bequests of either money or property for park purposes. The commissioners are required to make all regulations necessary for supervision and conduct in the park, and may employ supervisors and such other assistants as may be necessary to care for and manage the park properly (ibid.).

Tax levy; amount. The commissioners may levy a tax not to exceed one-tenth of 1 mill for the creation of a park fund to be used for supervision, maintenance, and further improvement of the parks (ibid.).

Additional parks; certain counties.-When any county having a population of 135,000 or more has established a county park_and recreation ground, and there is also located in such county a State educational institution or industrial school, the county commissioners may acquire by gift, devise, purchase, or condemnation proceedings one additional park and recreation ground adjoining or in close proximity to such institution or school. The county commissioners may issue and sell county bonds in an amount not exceeding onethirtieth of 1 percent of the total amount of assessed valuation of such county for the fiscal year next preceding such issuance for such purpose (ibid.).

Parks in certain counties.-The commissioners of any county having a population between 22,500 and 23,000, and having an assessed valuation of $35,500,000, and less than $40,000,000, may establish parks and recreation grounds within the county, and may purchase or acquire title to necessary lands or property by donation, devise, bequest, or condemnation for the purpose (ibid.).

Same; improvement.-Upon the acquisition of lands, the commissioners may adopt a plan for the improvement of same, including lakes,

recreational facilities, reforestation, roads and roadways, and such other improvements as may be conducive to the recreation, convenience, and comfort of the public. An engineer may be employed to prepare plans and specifications for such improvements and to make estimates of the cost of same (ibid.).

Same; cooperation with State commission.--The board of county commissioners and the State forestry, fish, and game commission may enter into an agreement to provide for the construction of one or more reservoirs, lakes, dams, or embankments for impounding water in the parks, and providing for the use, control, and maintenance of the parks. Nothing in such agreement is to be construed to prohibit the forestry, fish, and game commission and the fish and game warden from the right to exercise the same functions, rights, and authority as though the lands had been acquired by said commission. The agreement must expressly provide that notwithstanding the title to the lands is vested in the county, all rights therein and thereon, the water and water rights, and the keeping, improving, and maintaining of the same for the use of the commission shall not be impaired, and shall likewise be public park and recreation grounds for the use and enjoyment of the public (ibid.).

Same; bonds; petition; tax. The board of county commissioners may sell the bonds of the county in an amount not exceeding onefifteenth of 1 percent of the total amount of assessed valuation of the county without the necessity of an election, upon the filing with the county clerk of a petition signed by not less than 25 percent of the electors, asking that the commissioners acquire and improve lands for park and recreational purposes (ibid.).

NOTE. The provisions of the four preceding paragraphs are applicable to other counties of prescribed valuations and/or populations, excepting that bonds may be issued in an amount not exceeding one-tenth of 1 percent of the assessed valuation without the necessity of an election, unless a petition in opposition to the bond issue signed by not less than 20 percent of the electors is filed, in which event the question of the bond issue must be submitted to the voters. Also, adjoining counties of prescribed populations may join for the foregoing purposes.

Certain counties assist State commission.-Counties having a population of not less than 11,000 or more than 14,000 inhabitants may similarly acquire lands for parks and recreational grounds. The commissioners of any such county may aid, assist, furnish, and pay for a part or the whole of any real estate or property or for constructing the whole or a part of a dam or construction work deemed by them necessary or proper in aiding the State forestry, fish, and game commission in the acquisition of a lake, park, and recreational site or sites, and in the construction of dams, lakes, and reservoirs or construction work thereon, so as to insure the completeness of a lake, park, or recreational ground in such county. The control and direction of the work is to be as determined by the commissioners and the State commission should the latter be in whole or in part interested in the project. Title to real estate paid for exclusively by the commissioners is to be taken either in the name of the county or of the State, as the commissioners and State commission may agree, but the real estate paid for by the county is to revert to the county should the project ever be abandoned as a park or recreational project (ibid.).

Same; plans.-Before the county commissioners may proceed there must be filed with them under the certificate of the engineer of the

commissioners or of the county maps, plans, and specifications showing: (1) the description or outline of the land to be in the project; (2) the portion of such land, if any, owned by the State or the commission; (3) the portion of the land to be purchased by the county, if any; (4) the probable acre surface area of water to be impounded, estimated at low water time; (5) a brief outline of the proposed plan of construction and estimated cost, including the estimated part of the cost, if any, to be borne by the county, commission, or by any other State or Federal agencies or individuals (ibid.).

Same; petition; election. Upon the presentation to the commissioners of the maps, plans, and specifications, and information called for in the preceding paragraph, and petitions (a) specifying that bonds may be issued in a definite amount not in excess of 20 percent of the estimated cost to the county for the items it undertakes to be responsible for; and (b) signed by at least 25 percent of the electors; and (c) showing the precinct and residence address of each signer; and (d) certification by an elector, under oath, that he believes each signer is a qualified elector of the precinct designated, then the commissioners must call a special election within 30 days after the filing of the petition to submit to the voters the question of issuing such bonds. If a majority of the votes cast are in favor of the question submitted, the commissioners may issue bonds in the amount stated in the question submitted, but in no event exceeding the sum of $60,000 (ibid.).

TOWNSHIPS

PUBLIC PARKS

Establishment. Any municipal township in any county may provide and secure to its inhabitants, either by purchase or by acquisition, from any person, organization, corporation, or association a park or parks within the township (ch. 80, art. 9).

Bonds; tax; levy.-In order to pay any expenditures for the purpose contemplated, the township may issue its bonds in an amount not to exceed 2 percent of its assessed valuation, and in an amount not exceeding $20,000. When bonds are issued, there must annually be levied a tax sufficient to pay the interest thereon, and after 5 years an amount sufficient to create a sinking fund to pay the principal at maturity. An annual tax not in excess of 2 mills on the dollar may be levied to meet the annual expense of the park or parks (ibid.).

Election. No grounds may be acquired until 25 percent of the resident taxpayers petition the board of county commissioners to submit to the voters of the township a proposition to purchase or to secure and maintain a public park or parks and issue bonds of the township or levy a tax in payment therefor. The petition must particularly describe the land to be purchased or secured and maintained, or if paid for by taxation, the number of annual installments into which the whole tax is to be divided. The commissioners must thereupon cause an election to be held. Where parks already in existence and operation by an organization, corporation, or association are to be taken over and acquired, the petition may not be acted upon until there has been filed a written proposition stating

the price, terms, and conditions upon which the organization agrees to convey the areas to the township (ibid.).

Joint acquisition; trustees.-Two or more townships in any county may combine in acquiring park property as above. When joint action is taken, the township boards of the townships are to constitute a board of trustees with full power and control of the parks, which is required to determine annually the tax to be levied by the respective townships (ibid.).

Park improvement bonds.-Any township located in a county having a population of not less than 8,500, and not more than 9,500 inhabitants, and an assessed tangible valuation of not less than $11,000,000 or more than $13,000,000, and which township has voted bonds and has purchased and acquired a park, may issue park improvement bonds in an amount not to exceed $3,000 for the purpose of improving the same without being authorized at an election (ibid.). Limit on tax levy.-A tax of 1 mill on the dollar may be annually levied to acquire park property, and an additional tax of one-fourth mill on the dollar may be levied for maintenance (ch. 79, art. 19).

CITIES AND COUNTIES

MEMORIAL PARKS AND BOULEVARDS

Authority. The various counties and cities may vote bonds or incur indebtedness for the erection of such memorials as may be petitioned for as suitable and proper to commemorate the valorous achievements of the citizens of the respective cities or counties who as soldiers, sailors, and marines entered the services of the United States during the War with Mexico, the Indian wars, the War between the States, the Spanish-American War, and the World War, including therein women of the corps of the Red Cross nurses attached to the services of the United States, and also those citizens of the county or municipality who enlisted in the military, naval, or Red Cross service during the World War. Such memorial may consist of a building, monument, arch, or other structure, or improved highway, park, or boulevard (ch. 73, art. 4).

Monuments; location in parks.—In grateful recognition of the services, sacrifices, and sufferings of persons who honorably served in the War between the States, the commissioners of the several counties and governing body of any city of the first, second, or third class may appropriate money or issue bonds for the purpose of erecting and maintaining monuments to the memory of the deceased Union soldiers of the War between the States. Such monuments are to be located within some public park or cemetery of the county when erected by the county; and when erected by a city are to be located within some public park or cemetery located in or near the city (ibid.).

CITIES AND TOWNSHIPS

JOINT PARKS

Authority; trustees. Whenever any cities of the second or third class located within the county desire to cooperate with any township or townships in the establishment of parks as provided above

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