^s *^ '£«'■',- (Jnrnpll ICaiu irl^nnl ICibraty Cornell University Library KFO 431.A3 1871 Law of municipal corporations in he Sta 3 1924 024 702 205 Cornell University Library The original of tiiis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024702205 ^Oify^ ^drd THE LA-^vV MUNICIPAL CORPORATIONS STA.TE OF OHIO, EMBBACINO ALL THE STATUTES IN FORCE JULY, 1871, NOTES OP THE DECISIONS OP THE SUPREME AND OTHER COURTS OP THE STATE RELATING THERETO. Bx J. BRYAN'T JZ:ALKER, Late Oity Solicitor ofG,ncinnati. CINCINNATI : Robert Clarke & Co. 1871. Entered according to Act of Congress, in the year 1871, By EOBEKT CLARKE & CO., In the office of the Librarian of Congress, at Washington. PREFACE. I have attempted to gather into this book all the laws in force in Ohio conferring any power upon municipal corporations. It was necessary to adopt some rule to decide upon what should be put in, and what should be excluded, and any other rule seemed to admit too much extraneous matter. Consequently, the general election laws, although they govern municipal elections, the state criminal laws, although it is the duty of city officers to enforce them, the town plat laws, although city streets may be dedicated under them, and many similar ones are not included. Where a section has been amended the original section will be found in the notes, and the difference between them shown by the use of italics, except in cases where the addition of the words in italics constitutes the only difference, when this fact is stated. The references in brackets at the end of the sections show the previous law on the same subject. These insertions were made to facilitate the tracing of the course of legislation with reference to a subject, which is often important. I have inserted in the notes references to cases in the Supreme Court which seemed to throw light upon various questions, and also decisions ions of the local courts. These latter, while not binding authority, are often of weight, and will, I think, be found useful as guides, to a certain extent, in the examination of questions. Their publication will also tend to produce greater uniformity in practice through the State. My thanks are due to Hon. Moses M. Granger, Judge of the Muskingum Common Pleas, and A. J. Andrews, City Solicitor of Zanesville, for notes of cases. I have endeavored to make such a book as my experience in connection with the municipal affairs of Cincinnati made me think would be gener- ally useful. Errors and omissions have undoubtedly been made, and I shall be much obliged to any one noticing any who will send me a note of them. If this book shall be found to have lessened, in some degree, the labors of those connected with the administration of municipal cor- porations, which play such an important, and constantly increasing, part in our system of local government, it will have attained its object. Cincinnati, September, 1871. CONTENTS. PKELIMINAEY— '■'^o^ Existing Municipal Corporations 1 OHAPTEK I.— Classification of Municipal Corporations 1 CHAPTER II.— Creation of Incorporated Villages — General and Special 4 CHAPTER III.— Of the manner Incorporated Villages for Special Purposes may 1)6 advanced to the grade of Incorporated Villages 9 " CHAPTER IV — Of the manner in which Incorporated Villages may be ad- vanced to Cities of the Second Class, and Cities of the Second Class advanced to Cities of the First Class 11 CHAPTER v.— Incorporated Villages for Special Purposes , 13 CHAPTER VI.— Officers of Municipal Corporations 16 CHAPTER VII.— Election of Officers 23 CHAPTER VIII.— Qualifications, Oath and Bond of Officers 25 CHAPTER IX.— Council of the Corporation 26 CHAPTER X.— Ordinances, Resolutions and By-Laws — How adopted and passed 31 CHAPTER XI.— Ordinances — How enforced 34 CHAPTER XII.— Powers and duties of Municipal Officers 37 The Mayor 37 The Clerk 40 The Auditor 43 The Marshal 43 Chief of Police 44 The Treasurer 54 The Solicitor 46 Street Commissioner, Eire Engineer, Civil Engineer and Su- perintendent of Markets 48 Vi CONTENTS. CHAPTER XIII.— ""^ Jurisdiction and powers of Police Court Police Judge Clerk of Police Court ^^ Prosecuting Attorney of Police Court ^^ CHAPTER XIV.— The Mayor's Court ^* CHAPTER XV.— General powers of Municipal Corporations 55 CHAPTER XVI.— Vagrants, Criminals, and Suspicious Characters 60 CHAPTER XVII.— Police 61 CHAPTER XVIII.— Corporation Prison 64 CHAPTER XIX.— House of Refuge and Correction 65 CHAPTER XX.— "Work-Houses 77 CHAPTER XXI.— Hospitals 80 CHAPTER XXII.— Infirmaries 83 CHAPTER XXIII.— Board of Health 85 CHAPTER XXIV.— Fire Department 90 CHAPTER XXV.— Water- Works 92 CHAPTER XXVI.— Public Cemeteries and Burial Grounds 99 CHAPTER XXVII.— Public Grounds and Parks 106 CHAPTER XXVIII.— Public Halls 107 CHAPTER XXIX.— Division into Wards 108 CHAPTER XXX.— Street Railroads 109 CHAPTER XXXI.— Gas Companies 112 CHAPTER XXXII.— Lighting Bridges and Railways 116 CHAPTER XXXIII.— Sprinkling Streets Hg CHAPTER 2XXIV.— ''ao» Control of Streets, Bridges and Vehicles 119 CHAPTER XXXV.— Wharves, Docks and Harbor Masters 130 CHAPTER XXXVI.— ' - Ferries 131 CHAPTER XXXVII.— Licensing Shows, Auctioneers, etc 131 CHAPTER XXXVIII.— Pawnbrokers 133 CHAPTER XXXIX.— Filling up Lots and Removal of offensive Substances... 134 CHAPTER XL.— Markets 135 CHAPTER XLI— Inspectors of Provisions and other Articles 137 CHAPTER XLII.— Identity of Corporation and Township Lines — Change of Township Boundaries 140 CHAPTER XLIIL— Two Days' Labor on the Streets — Road Tax 143 CHAPTER XLIV— Vacating Street or Alley.. 145 CHAPTER XLV.— Damages for Excavations , 146 CHAPTER XLVL— Board of Improvements 147 CHAPTER XL VII.— Appropriation of Private Property by Municipal Corpora- tions for public uses 150 CHAPTER XLVIII.— General Rules relative to Improvements and Special Assess- ments 160 CHAPTER LXIX.— Damages and Assessments for Public Improvements 174 Kotice of Proposed Improvement 174 Claims for Damages , 175 Special Assessments « 178 Sidewalks 181 Turnpikes, Flank Roads and Watercourses 183 CHAPTER L— Sewers, Drains and Ditches 184 CHAPTER LI.— Finance and Taxation „ 195 CHAPTER LII.— The Power to Borrow Money and Issue Bonds...... 206 .11 UUlMTJiiJNTS. H AFTER LIII.— ""^ Sinking I'und ^"^ BAPTEK LIV.— Lease or Sale of Corporate Property ^^ SAPTEE LV.— Annexation of territory to a City or Incorporated Village on the application of citizens residing thereon 211 HAPTEE LVI.— Annexation on the application of the Corporation 213 HAPTEE LVII.— Annexation of one Municipal Corporation to another Munici- pal Corporation 215 HAPTEE LVIII— Surrender of Municipal Eights 217 HAPTEE LIX.— Duties of State Officers and Eight of Visitation 220 HAPTEE LX Saving of Existing Eights 222 HAPTEE LXI.— Acts Eepealed 224 NNEXATION 241 PPBOPKIATION OF PRIVATE PkOPEBTY 241 5SESS0BS 243 3NrS, OTriCIAL 244 )NDS, NkGOTIABLB, AND STOCKS 246 TILDINGS 257 SMETEKIBS 259 )UNCIL 261 otrsES OP Ebfttge 265 [CENSES ; 273 IPHAN ASYLTTMS 273 fFICKES 274 IKKS 278 )LICE 281 )0K 305 ilLEOADS , 306 4.ILR0ADS, Street 317 HOOLS 319 beets and Eoads 324 icond-hand stores 337 *^3:ks 338 yyrnf Halls 342 lEASTTRBBS : 345 'OEK-HOUSES 34g THE MUNICIPAL CODE OF 1869, AS AMENDED. An Act to provide for ihe organization and government of municipal corpo- rations. Be it enacted by the General Assembly of the State of Ohio, as follows : PEBLIMIKAET PROVISIOlir. Section 1. Application to^all municipal corporations. All mu- nicipal corporations in this state now existing, or which may here- after be created, shall be governed by the provisions of this act, and the territorial limits and wards of existing municipal cor- porations shall remain as they now are until changed in the man- ner herein provided.' [S. & C, p. 1493, sec. 1.] CHAPTBE I. CLASSIFICATION OF MUNICIPAL CORPORATIONS. Section Section 2. Classification. 6, Villages for special pnrposes . 3. Cities of first class . _ 7. Population requisite for cities and vil- 4. Cities of second class. lages. 5. Villages. 8. Bodies politic and corporate. Sec. 2. Classification. Municipal corporations shall be divided into cities of the first class, cities of the second class, incorporated 1 The general act of May 3, 1852, did not annihilate and re-creata the pre- existing municipal corporations of the state, but reorganized and continued them, leaving their corporate identity unaffected. " Neither the corporate llages, and incorporated villages for special purposes. [S. & C, 1508, sec. 40.] Sec. 3. Cities of the first class. All existing municipal eorpora- )n8, organized as cities of the first class, shall be deemed cities the fir^t class. Sec. 4. Cities of the second class. All existing municipal corpo- tions, organized as cities of the second class, shall be deemed ties of the second class until advanced to the grade of cities of e first class, in the manner provided in this act. Sec. 5. Villages. All existing municipal corporations, organ- sd as incorporated villages, shall be deemed incorporated vil- ^es until advanced to the grade of cities of the second class, in e manner provided in this act. Sec. 6. Villages for special purposes. All existing municipal cor- irations, organized as special road districts, shall be deemed incor- irated villages for special purposes until advanced to the grade incorporated villages, in the manner provided in this act. Sec 7. [As amended, April 20, 1871, 68 L. 73.] Requisite popu- tion of cities and villages. No city of the second class shall be ad- ,nced to the grade of a city of the first class until it shall have tained a population of twenty thousand; no incorporated village all be advanced to the grade of a city of the second class until shall have attained a population of five thousand; no incorpo- ted village for special purposes shall be advanced to the grade an incorporated village until it shall have attained a population five hundred; and no incorporated village shall hereafter be or- mized until the inhabitants to be embraced in it are five hundred number.^ [S. & C, p. 1508, sec. 41.] istence nor the corporate identity of the municipal corporations of the lie were affected hy the general act for the organization of cities and vil- ;es. Some of them took, under its operation, a different legal designation — incorporated villages, instead of towns. The particular mode of their ganization was somewhat changed, and their powers, privileges, rights, d duties were restricted, enlarged, or modified ; but their territorial limits mained the same as before. Legal obligations incurred by or to them re- lined unchanged, and their corporate identity was no more affected by a organization, under the general law, than is the personal identity of a feme \e by marriage, in virtue of which her name is changed, and her powers, ivileges, rights, and duties are in law enlarged, restricted, and modified. le corporate life of the village of Perrysburg was a continuation of the life the town of Perrysburg. It was a continuation, not an annihilation and re-creation." [Per Brinkerhoff, J., Fosdick v. The Village of Perrysburg, 14 hio St. 472, 482.] • As originally passed the number of inhabitants was to exceed one thousand. MUNICIPAL CORPOKATIONS. Sec. 8. Bodies politic and corporate. All municipal corporations now organized and established, including special road districts, and all municipal corporations organized under the provisions of this act, shall be and they are hereby declared to be bodies politic and corporate, under the name and style of the city of ; the incor- porated village of ; the village of , incorporated for special purposes, as the case may be,' and as such capable to sue and be sued, to contract and be contracted with, to acquire, hold, and pos- sess property, real and personal,' and to have a common seal, and to change or alter the same at pleasure, and to exercise such other powers and have such other privileges as are conferred by this act. [S. & C, p. 1498, sec. 18.] 'A mere misnomer does not invalidate any act or contract. When bonds were issued in the name of "the town of Perrysburg," instead of the name of "the incorporated village of Perrysburg," which was the proper legal desig- nation of the corporation, the validity or obligation of the bonds was not affected thereby. \^Fosdick v. The Village o/ Perrysburg, 14 Ohio St. 472.] 'A corporation which has power to take property has incidental power to dispose of it. If expressly subject to uses, they may, perhaps, be enforced by holding the purchaser a trustee; but if held only for general corporate pur- poses, the power to alien is absolute. In this case, land had been conveyed to the commissioners to hold for the use of the county, thereon to erect a court house, offices, etc., and for no other purpose, with a proviso that the deed should be void if the lot should be appropriated to any other purpose. The grantor subsequently released all his right in reversion in the lot to the com- missioners, and they made a contract for a perpetual lease, with the privilege of making the rent nominal by payment of a certain sum. The court com- pelled the specific performance of the contract. [Heirs of Reynolds v. Gom'rs of Stark Co., 5 Ohio, 204.] When there is no restraining clause in the charter of a corporation, it may dispose of any property which it may acquire. When restrained from sell- ing at less than par, it may Bell on credit, provided the sales amount to par. [Newark v. Elliott, 5 Ohio St. 113.] A corporation can not do indirectly what it is forbidden to do directly. When a statute forbids the county commissioners from making a charge upon the county, they have no authority to make a contract which tends to that result, nor to agree to an arbitration or reference of the question, when suit is brought, so as to effect the same purpose. [Jenifer v. Gom'rs of Ham. Co., 2 Disney, 189.] When a municipal corporation purchases or leases property, it is not neces- sary that it should declare in the resolution the purpose for which the prop- erty is acquired. It is sufficient if it appear from all the circumstances that tbe purposes for which it sought to secure the property were legitimate. [Morrill v. Cincinnati, Superior Court of Cincinnati, Q-eneral Term, MS. Opin., by Taft, J.] CHAPTBE II. CREATION OF INCORPORATED VILLAGES — GENERAL AND SPECIAL. CTiON Section 9. Organization of incorporated villages. 20. Application for injunction. 0. Application therefor. 21. Notification to recorder, etc. 1. Character of petition. 22. Kecoider to transmit papers to clerk. .2. Preaentation, etc., of petition. 23. Duty of court or judge, etp. ,3. Proceedings on petition. 24. First election of officers. 4. Duty of commissioners. 25. Procedure when territory lies in two or ,5. Transcript of proceedings. more counties. 6. Duty of recorder. 26. The same. .7. Transcripts to be certified, etc. 27. Jurisdiction of officers. .8. Corporation complete. 28. Fees of officers. .9. Kecord thereof. *Sec. 9. [As amended, April 18, 1870, 67 L. 68.] Organization of corporated villages. The inhabitants residing on any territory, a at of which has been made and recorded, and which is not ad- ining any city, may be organized into an incorporated village, • an incorporated village for special purposes, in the following anner: [S. & C, p. 1493, sec. 2.J Sec. 10. Application therefor. Application for such purpose shall } made by petition, in writing, signed by not less than thirty of le legal voters of this state residing on such territory, addressed • the commissioners of the county in which such territory shall 3 located. [S. & C, p. 1493, sec. 2.] Sec. 11. Character of petition. Such petition shall accurately ascribe the territory to be embraced in the proposed corporation, 3d may include adjacent territory not laid off into lots; it shall rate the supposed number of inhabitants residing thereon, and )e kind of corporation they desire should be established. It shall [so contain the name or names of some person or persons author- ;ed to act in behalf of the petitioners, as their agent or agents, in le premises, and the name proposed for such corporation, and it lall be accompanied by an accurate map of the territory therein escribed. [S. & C, p. 1493, sec. 2.] Sec. 12. Presentation, etc., of petition. Such petition shall be pre- snted to the board of commissioners at a regular session thereof «Seo. 9. [Ab originally paBBod.] Organuation of incorporated villager. The inhabitants residing 1 any territory laid of iiUo town or village lole, a plat of which has been made, acknomlatged, and icorded, and which territory is not adjoining any city or incorporated village, may be organized ito an incorporated village, or an incorporated village for special purposes, in the following lanner. MUNICIPAL CORPORATIONS. and when so presented such board shall cause the same to be filed in the office of the county auditor, to be there kept, subject to the inspection of any person or persons interested. The commission- ers shall also, at the time of the filing of such petition, determine upon and communicate to the agent or agents of such petitioners, the time and place for the hearing thereof, which time shall be not less than sixty days after the date of such filing. Thereupon the said agent or agents shall immediately cause a notice, containing the substance of said petition, and stating the time and place where the same will be heard, to be pnblished in some newspaper published and of general circulation in the county, for the period of six consecutive weeks, and also a copy of the said notice to be posted up in some conspicuous place within the limits of the pro- posed corporation not less than six weeks prior to the time fixed for the hearing of said petition. [3. & C, p. 1494, sec. 3.] Sec. 13. Proceedings on petition. Every such hearing shall be public, and maybe adjourned from time to lime and from place to place, according to the discretion of the commissioners, and any person interested may appear, in person or by attorney, and con- test the granting of the prayer of said petition, and affidavits in support of or against the prayer of the petition, which may be pre- pared and submitted, shall be examined by said commissioners, and they may, in their discretion, permit the agent or agents of the said petitioners to amend said petition or change the same, except that no amendment shall be permitted whereby territory not before embraced shall be added, without appointing another time for hear- ing and requiring new notices to be given as above provided. [S. & C, p. 1494, sec. 4.] Sec. 14. Duty of commissioners. If the commissioners, upon the hearing of the petition, shall find that it contains all the mat- ters required and that its statements are true; that the name pro- posed for such corporation is appropriate; that the limits thereof have been accurately described, and that the same are not unrea- sonably large or small, and the map or plat thereof is accurately made; that the persons whose names are subscribed thereto are legal voters residing on said territory, and shall be further satisfied that the said notice has been given by the said agent or agents as required, and, if the petition be for an incorporated village, that there is the requisite population for such corporation, or, if the petition be for an incorporated village for special purposes, that at least fifty qualified voters reside on said territory, and if, more- over, it shall be deemed right and proper, in the discretion of said commissioners, that such petition be granted, they^shall cause an ier to be entered upon their journal, to the effect that the cor- ration as named and asked for in the petition may be organized. , & C, p. 1494, sec. 5.] 3ec. 15. Transcript of proceedings. The commisssoners shall 3n cause a complete certified transcript of all their proceedings d orders to be made out, which transcript they or a majority of 3m shall sign and cause to be delivered, together with the peti-' n and map accompanying said petition, and all the other papers file, to the recorder of the county. [S. & C, p. 1494, sec. 5.] 3ec. 16. Duty of recorder. The said recorder shall file the same his office, and immediately after the expiration of sixty days er such filing, unless enjoined as hereinafter provided, ho shall ike a record of the said petition, transcript and map, in the Dper book of records in his office, and preserve in his office the ginal papers as delivered to him by the commissioners, having ■tified thereon that the said transcript and map are properly !orded. • [S. & C, p. 1494, sec. 5.] Sec. 17. Transcripts to he certified. As soon as said record is ide, the recorder shall make out and certify, under his official il, two transcripts thereof, one of which he shall forward to the iretary of state, and the other he shall, on demand, deliver to 3 agent or agents of said petitioners, with a certificate thereon it the duplicate thereof has been forwarded to the secretary of ,te as above provided. ,[S. & C, p. 1494, sec. 5.] 3ec. 18. Corporation complete. So soon as said record shall be idc, the inhabitants residing within the limits of the territory 3cribed in the petition, shall be deemed and held to be an "incor- rated village for special purposes," or "an incorporated village," the case may be, to be organized and governed under the pro- iions of this act ; and so soon as such corporation shall be organ- id by the election of officers as hereinafter provided, notice of its istence as such shall be taken in all judicial proceedings in this ,te. [S. & C, pp. 1494, 1495, sec. 6.] 3eo. 19. Secord thereof. The commissioners shall cause to be tered upon their journal a full and complete record of all their lers and proceedings in relation to the incorporation of villages herein provided. 3eo. 20. Application for injunction. Any person interested ly, at any time within the period of sixty days from the day of ng the said transcript of the commissioners and papers with the jorder as before provided, make application, by petition, to the art of common pleas of the county, or to the judge thereof if in cation, setting forth in such petition the errors complained of, MUNICIPAL CORPORATIONS. or the inaccuracy of said boundaries, or both, and praying an injunction restraining said recorder from making the said record and certifying the transcripts above required. [S. & C, p. 1495, sec. 7.] Sec. 21. Notification to recorder, etc. He shall also, immediately upon the filing of such petition, give notice in writing thereof to said recorder, and to the agent or agents of the said petitioners; "and the recorder, on receiving such notice, shall not record said transcript and map, or certify the same as above provided, until after the final hearing and disposition by the court or jadge of the said petition. [S. & C, p. 1495, sec. 7.] Sec. 22. Hecorder to transmit papers to clerk. On receiving notice as above provided, the recorder shall forthwith transmit to the clerk of the court where the petition is pending all the papers relating to said proceeding filed with him as required by section fifteen, to be used on the hearing of said petition. Sec. 23. Duty of court or judge, etc. It shall be the duty of the said court or judge to hear said petition in a summary manner, and, at his discretion, to hear evidence ; and if no error shall be found in said proceedings, and no inaccuracy in the boundaries of such pro- posed corporation, the court or judge shall dismiss said petition, and thereupon the clerk of the court shall return the papers to the recorder, with a transcript of the order of the court, and the recorder shall then immediately record the said certified transcript, petition, map and order of the court, and forward and deliver the same as above provided. But if error shall be found in the said proceedings, or the boundaries are so inaccurately described as to render indefinite and uncertain the limits or extent of such pro- posed corporation, then the court or judge shall make an order enjoining said recorder from making a record of the said transcript or map, but such order shall be no bar to any subsequent applica- tion for the foregoing purpose to the county commissioners. [S. & C, p. 1495, sec. 7.] Sec. 24. First election of officers. The first election of officers of such corporation shall be at the first annual spring election after the same has been created, and the place for holding such election shall be fixed by said agent or agents, and notice thereof shall be by them given by posters, printed or in writing, at three or more public places within the limits of the corporation. Said election shall be conducted and the officers thereof chosen and qualified in the same manner prescribed by law for the election of township officers. [S. & C, p. 1495, sec. 7.] THE LAWS OF Seo. 25. Procedure when territory lies in two or more counties. "When the inhabitants residing upon adjacent portions of territory, in two or more counties, laid off into town lots, a plat or plats of which have been made, acknowledged and recorded, desire to be organized into an incorporated village or into an incorporated vil- lage for special purposes, the petition therefor shall be made to the commissioners [of the county] in which the largest number of the qualified voters of the proposed village shall reside at the time of the filing of such petition, and a statement to that effect shall be set forth in the petition. The transcript of the proceedings of the commissioners and the map or plat accompanying the same, shall be recorded in the county in which the petition is filed, at the time and in the manner provided for in other cases; and the recorder of such county shall, within ten days thereafter, make a certified transcript of such record for each of the counties in which any portion of the territory is situated, and forward the same to the respective recorders thereof, to be by them recorded in the manner that the original papers are required to be re- corded. [S. & C, p. 1552, sees. 193, 194.] Sec. 26. The same. In all other respects the proceedings to establish such corporation, or to review the action of the commis- sioners, shall be as provided in cases where all the inhabitants re- siding on the territory to be organized into such corporation re- side in one county. [S. & 0., p. 1552, sec. 195.] Sec. 27. Jurisdiction of officers. In all cases in which the juris- diction of officers of municipal corporations is made co-extensive with the county in which such corporations are situated, the juris- diction of the like officers of any municipal corporation embrac- ing territory situated in two or more counties, shall be co-extensive with each of the counties in which any part of such territory shall be located. [S. & C, p. 1552, sec. 195.] Sec. 28. Fees of officers. Every officer shall be entitled to re- ceive, for the services required to be performed by him under the preceding sections of this chapter, the same fees he would be entitled to receive for similar services in other cases, and unless paid in advance, upon demand of the agent or agents of said pe- titioners, he shall not be required to perform the said services. MUNICIPAL CORPORATIONS. CHAPTER III. OF THE MANNER INCORPORATED VILLAGES FOR SPECIAL PURPOSES MAT BE ADVANCED TO THE GRADE OP INCORPORATED VILLAGES. Section Section 29. Advance of grade, to incorporatecl village. 35. Procedure on affirmative vote. 30. Application therefor. 36. Record of proceedings, transcript, etc. 31. What petition shall contain. 37. Duty of recorder, judge, etc., same as 32. Trustees to fix time of holding election. in case of incorporated village. 33. Conduct of the election, etc. 38. Corporation complete. 34. Effect of negative vote. 39. First election of officers, etc. Sec. 29. Advance of grade. Whenever the inhabitants of any- incorporated village for special purposes, or any portion thereof, desire to be advanced to an incorporated village, they may pro- ceed in the following manner : [S. & S., p. 900, sec. 339.] Sec. 30. Application therefor. Application for sucfr purpose shall be made to the trustees of such incorporated village for special purposes, by petition, in writing, signed by at least fifty of the legal voters of such incorporated village for special pur- poses, a majority of whom shall be freeholders. [S. & S., p. 900, sec. 339.] Sec 31. What fetition shall contain. Such petition shall set forth that such incorporated village for special purposes, contains the required population for an' incorporated village, and that it is the desire of the inhabitants to be advanced to the grade of an in- corporated village, and it shall ask that an election be held to ob- tain the sense of the electors upon such advancement. [S. & S., p. 900, sec. 339.] Sec 32. Trustees to fix time of holding election. The trustees upon receiving such petition, and being satisfied that the persons whose signatures are thereto are electors and reside within such corporation, and that a majority of them are freeholders, shall fix upon the time and place for holding such election, and shall cause notice thereof to be given, by posters, printed or in writing, for the period of at least three weeks prior to such election, in three or more of the most public places within such corporation. [S. & S., p. 900, sec. 340.] Sec 33. Conduct of the election, etc. The trustees of such cor- poration shall be the judges of said election, and the said election, in all respects, shall be conducted in the same manner, so far as 10 THE LAWS OF practicable, as is prescribed for the conduct of elections for town- ship officers, and the ballots shall contain in writing or in print, or both, the words " for incorporated village," or the words " against incorporated village." [S. & S., p. 900, sec. 340.] Sec. 34. Effect of negative vote. If it shall appear that the number of votes cast " for incorporated village" is not a majority of all the votes cast at said election, then no further proceedings shall be had ; but such result shall not be a bar to any future peti- tion to the trustees in relation to the same subject. [S. & S., p. 900, sec. 340.] Sec. 35, Procedure on affirmative vote. If it shall appear that the number of votes cast " for incorporated village " Is a majority of all the votes cast at said election, the trustees sha-11 then, within a reasonable time, cause a census to be taken, by some suitable person to be by them appointed for such purpose, of all the inhab- itants of such corporation. The person taking such census shall make and subscribe a certificate that he believes the same is cor- rect, and he shall be sworn or affirmed thereto by one of the said trustees or justice of the peace of the county. [S. & S., p. 900, sec. 340.] Sec. 36. Record of proceedings, transcript, etc. The said trustees shall cause to be entered on their journal an accurate minute of all their proceedings, together with the number of votes cast at said election "for incorporated village" and "against incorporated vil- lage," and the whole number of votes cast, and also the whole number of inhabitants of such corporation as ascertained by such census. They shall also, in case the census taken shows that such corporation contains the required population for an incorporated village, make out a complete certified transcript of all journal entries and proceedings by them had in the premises, and shall sign their names, or a majority of them, thereto, and deliver the same, together with the said census and poll-book and tally sheet, to the recorder of the county. [S. & S., p. 900, see. 340.] Sec. 37. Duty of recorder^ judge, etc., same as in case of incorpo- rated village. The duty of the recorder in relation thereto, and in case of petition by the prosecuting attorney to prevent such advancement being completed, the duly of the prosecuting attorney and the court or judge, shall be the same, and the same proceed- ings shall be had, so far as applicable, as in the case of the organi- zation of an incorporated village, or an incorporated village for special purposes, under chapter two of this act. [S. & S., p. 900, sec. 340.] Sec. 38. Corporation complete. So soon as the recorder shall MUNICIPAL CORPORATIONS, 11 make the record and certify and forward to the secretary of state a transcript of the same, such corporation shall be deemed and held to be an incorporated village, bearing the name of the said incorporated village for special purposes, to be organized and gov- erned under the provisions of this act, and so soon as such incor- porated village shall be actually organized by the election and qualification of its officers, as hereinafter provided, notice of its existence as such shall be taken in all judicial proceedings in this state. [S. & S., p. 900, sec. 340.] Sec. 39. First election of officers, eta. The first election of offi- cers of such incorporated village shall be at the first annual spring election next ensuing the certifying and forwarding of the tran- script by the county recorder, and the said trustees of such incor- porated village for special purposes shall remain in office until the officers of the new corporation are elected and qualified, and by- laws, regulations, and ordinances, adopted for the government of such incorporated village for special purposes, shall remain in force so far as may be consistent with the provisions of this act, until annulled or repealed by the council of such incorporated vil- lage ; and the said trustees shall, upon demand, after the expira- tion of their term of office, deliver to the clerk of such incorporated village all the books of record, documents and papers in their pos- session as the trustees of such incorporated village for special j)ur- poses. [S. & S., p. 900, sec. 340.] CHAPTEE IV. OF THE MANNER IN WHICH INCOEPORATED VILLAGES MAT BE AD- VANCED TO CITIES OP THE SECOND CLASS, AND CITIES OP THE SECOND GLASS ADVANCED TO CITIES OP THE FIRST CLASS. Section Section 40. AdTancemGnt of villages and citioa of sec- 44, Declaration of council on afiBrmatlvo ond class, vote, etc. 41. Certificate of clerks and judges. 45. Record, etc., same as in creation of in- 42. Census to be taken, etc. corporated villages. 43. Efi"ect of negative vote, etc. 46. First election of oflflcers. Sec. 40. Advancement of villages and cities of second class. Whenever one hundred resident freeholders of any incorporated village, or two hundred resident freeholders of any city of the sec- 12 THE LAWS OF ond class, shall petition the council of the corporation in which they reside, setting forth that they desire such village to be advanced to the grade of a city of the second class, or such city of the second class to be advanced to the grade of a city of the first class, and that they have the requisite population for such advance- ment, the council shall cause notice to bo given by the mayor as in other cases, that at the next annual election for officers of such city or village, the electors thereof may vote for or against the advancement by writing or printing, or both, on their ballots the words "for advancement," or the words " against advancement." [S. & C, p. 1508, sec. 42; lb., p. 1553, sec. 196.] Sec. 41. Gertificate of clerks and judges. The clerks and judges of the election shall forthwith certify in duplicate to the clerk of the corporation the whole number of votes given at such election; the number of votes given " for advancement " and number of votes "against advancement." Sec. 42. Census to be taken, etc. If a majority of all votes cast at such election shall be in favor of such advancement, the coun- cil, if such corporation shall not have the required population according to the last federal census taken prior to the election, shall forthwith cause a census to be taken by one or more suitable persons, of all the inhabitants of such city or village, in which cen- sus the full name of each person shall be plainly written, alpha- betically arranged and regularly numbered in one complete series; which list shall be certified and sworn or affirmed to by the person or persons taking the same, and filed with the clerk of the corpo- ration. Sec. 43. Effect of negative vote, etc. The clerk shall lay the said certificates of election and census before the council at their next regular meeting after the same shall have been filed in his office, and if it shall appear that all the votes cast at such election "for advancement" are not a majority of all the votes cast at said elec- tion, or that the corporation does not contain the requisite number of inhabitants to be advanced in grade, then no further proceedings shall be had. Sec. 44. Declaration of council on affirmative vote, etc. If it shall appear that the corporation contains the requisite number of inhab- itants, to be advanced, the council shall thereupon, by resolution, declare that the inhabitants of the corporation have decided to be advanced to a corporation of the next higher grade, and direct the clerk to "certify said resolution to the recorder of the county. Sec. 45. Record, etc., same as in creation of incorporated villages. The duty of the recorder in relation thereto shall be the same, soYar MUNICIPAL CORPORATIONS. 13 is applicable, as provided in chapter two, in the case of the creation if an incorporated village or an incorporated village for special pur- )08e8 ; and so soon as the recorder shall make the record and cer- ify and forward to the secretary of state a transcript of the same, he said corporation shall be deemed and held to be a city of the econd or first class, as the case may be, to be organized and gov- srned under the provisions of this act; and so soon as such corpo- •ation shall be actually organized, by the election and qualification )f officers, notice of its existence as such, shall be taken in all udioial proceedings in this state. Sec. 46. First election of officers. The first election of ofiScers if the new corporation shall be at the first annual spring election lext ensuing the proceedings had as aforesaid, and the oflScers of he old corporation shall remain in office until the officers of the iew corporation are elected and qualified; and the ordinances, by- awB and regulations adopted by the old corporation shall continue n force, so far as may be consistent with the provisions of this act, intil annulled or repealed by the council of the new corporation ; md the council and officers of the old corporation shall, upon iemand, after the expiration of their term of office, deliver to the )roper officers of the new corporation all the books of record, doc- iments and papers in their possession belonging to the old corpo- ration . ' CHAPTER V. INCORPORATED VILLAGES FOR SPECIAL PrRPOSES. ECTioN Section 47. Trustees of villageB for special purposes. 64. Powers as to by-laws, etc. 48. Their term of service. 55. Compensation of marshal. 49. Their powers and duties. 56. Jurisdiction of justices of the peace. 50. Vacancy, how filled, etc. 57. Perpetuity of existing oflScers, ordi- 51. Duty of trustees. nances, etc. 52. Limitation of power. 58. Duty of clerk as treasurer; oath of 53. Further powers of trustees. office. Sec. 47. Trustees of village for special purposes. The corporate uthority of incorporated villages for special purposes shall be ested in three trustees, who shall be qualified electors residing rithin the limits of such corporation, and who shall hold their ffice for three years, except as herein provided, and until their accessors are elected and qualified. [S. & C, p. 1509, sec. 44.] 14 THE LAWS or Sec. 48. At the .first meeting of the trustees elected under the provisions of this act, they shall detei'mine, by lot, the term of service of each trustee so elected, so that one shall serve for one year, one for two years, and one for three years, and at every succeeding annual election one trustee shall be' elected to serve for three years. [S. & C, p. 1509, sec. 44.] Sec. 49. Their power sand duties. The said trustees shall have power to appoint,, either from their own body or from the electors of the corporation, a clerk, who shall act as treasurer, and a mar- shal, who shall act as supervisor, and such other police officers as shall be necessary, and by proper by-laws, resolutions and ordi- nances prescribe the duties and compensation of the officers so appointed, and may remove any such officers and appoint others at their discretion. [S. & C, p. 1509, sec. 44.] Sec. 50. Vacancy, how filled, etc. The said trustees shall have power to fill any vacancy which may happen in their own body from the qualified electors of the corporation, and the person so appointed shall continue in office until the next regular election and until his successor is elected and qualified ; any two of said trustees may transact business; but notice of any meeting for the transaction of business must be given to all. [S. & C, p. 1509, sec. 44.] Sec. 51. Buty of trustees The said trustees shall have the exclu- sive jurisdiction of all public roads, streets, alleys, sewers and drains, constructed or to be constructed, within the limits of the corporation ; and they shall have power to construct and keep in repair bridges and sidewalks; to lay out, establish, open, widen, improve, straighten, keep in order and repair roads, streets and alleys; to open and construct and keep in order and repair sewers and drains ; to enter upon and take for the purposes aforesaid, when necessary, land and material, and to assess and collect a charge for the construction, improvement and repair of any such road, street or alley. [S. & C, p. 1509, sec. 45.] Sec. 52. Limitation of power. N"o order directing the opening of any new road, street or alley, or the taking of any land for the improvement, straightening or changing any road, street or alley, shall be made by said trustees, nor shall any ordinance be passed for such purpose, unless they shall all concur therein; and no order shall be made for the improvement or repair of any road, street or alley, except on the petition of two-thirds of the owners of the lots or land through or by which such road, street or alley, or part thereof to be improved or repaired, shall pass. [S. &. C, p. 1509, sec. 46.] MUNICIPAL CORPOEATIONS. 15 Sec. 53. Further powers of trustees. The said trustees shall have )Ower to provide as follows: 1. To protect the property and per- ons of the inhabitants against injuries and destruction by fire, hieves, robbers, burglars, and all other persons violating the pub- ic peace. 2. To suppress riots, noise and disturbance, gambling, Irunkenness, and indecent and disorderly assemblages and con- luct. 3. To punish all lewd and lascivious behavior in the streets, illeys and other public places. 4. To suppress and restrain dis- irderly houses and houses of ill-fame. 5. To regulate, restrain md prohibit ale, beer and porter houses or shops, and houses and )laces of notorious and habitual resort for tippling and intemper- Luce. 6. To regulate taverns and other houses of public entertain- nent. 7. To regulate or prohibit theatrical exhibitions and public ihows, and all exhibitions of whatever name or nature for which noney is demanded or received ; but public lectures on historic, iterary or scientific subjects shall not come within the provisions )f this section. 8. To prevent injury or annoyance from anything iangerous, offensive or unhealthy, and to cause any nuisance to be ibated. 9. To acquire real estate for public halls and school houses md to erect the necessary buildings thereon. 10. To protect all jublie buildings and property within or owned by the coi'poration. [1. To provide public cemeteries and for the improvement and )rotection thereof, and to regulate the burial of the dead; and, 12. Do provide for the comfort, convenience and safety, preserve the lealth and peace, promote the good order and prosperity, and im- )rove the morals of the inhabitants of the corporation. [S. & C, p. .50-4, sec. 34.] Sec. 54. Powers as to by-laws, etc. The said trustees shall have )0wer to make and publish, in the same manner as other corpora- ions, such by-laws, resolutions and ordinances, as to them shall eem necessary to carry into efifect the foregoing powers; and shall )ave, in all respects, the like rights and remedies in the enforce- nent of such by-laws, resolutions and ordinances, as are herein jiven to other municipal corporations. All by-laws and ordi- lances shall require for their adoption the concurrence of all the rustees. [S. & C, p. 1509, sec. 45.] Sec. 55. Compensation of marshal. The services performed by he marshal in his capacity of supervisor, under the direction of he trustees, shall be settled and paid for by the trustees of the iroper township or townships as in other cases; and for his serv- ces as marshal he shall receive the same fees as marshals in other aunicipal corporations for like services. The trustees, in their apacity as trustees, shall not receive any compensation. [S. & C, I. 1509, sec. 45;] 16 THE LAWS OF Sec. 56. Jurisdiction of justices of the peace. Any justice of the peace of the township or townships in which the corporation may- be situated shall have jurisdiction in all prosecutions for the vio- lation of any ordinance thereof, with full power to hear and deter- mine the same and impose the prescribed penalty ; and all fines, penalties and forfeitures collected by any justice of the peace for the violation of any ordinance, shall be by him paid over to the clerk of the corporation. [S. & C, p. 1507, sec. 37.] Sec. 57. Perpetuity of existing officers, ordinances, etc. All trus- tees and oflScers of corporations heretofore organized and now existing as special road districts, shall continue in office as trustees and officers of incorporated villages for special purposes, as herein established, until their successors are elected and qualified; and all by-laws, resolutions and ordinances of such special road dis- tricts shall continue in force as by-laws, resolutions and ordinances of the incorporated village for special purposes, until .repealed. [S. & C, p. 1526, sec. 105.] Sec. 58. Duty of clerk as treasurer; oath of office. The clerk, in his capacity as treasurer, shall be entitled to demand and receive all moneys due or belonging to the corporation, and shall disburse the same on the order of the trustees ; and the clerk and marshal shall each give bond to the corporation for the faithful performance of their duties, in such sum asi:the trustees may require. The trustees and other officers shall, before entering on their duties, take an oath of office. CHAPTEE VI. OFFICERS OF MUNICIPAL CORPORATIONS.^ Section Section 69. Village officers to be elected. 66. Duties not defined in this act. 60. Officers of cities of second class. 6G. Vacancies, how filled. 61. Officers of cities of first class. 67. Vacancy on removal. 62. Their term of office. 68. Council to prescribe compensation. 63. Other requisite officers. 69. No change of emoluments during term 64. Appointments, how made. of office. Sec. 59. Village officers to be elected. The officers of incorpo- rated villages shall consist of a mayor, clerk, treasurer and mar- LiabiUty of municipal corporation for acts of officer or employe. "When, in the progress of a local improvement, the municipal corporation by its con- tract reserves to its officers control over the mode and manner of doing the MUNICIPAL CORPORATIONS. 17 hal, all of whom shall be elected ; and the council shall have lower, whenever deemed expedient, to create, by ordinance, the fflce of solicitor and street commissioner, and provide for their ?ork, the principle of respondeat superior applies, and it will be liable like n individual for the negligence of the contractor in the performance of the 'ork. [Cincinnati v. Stone, 5 Ohio St. 38.] Municipal corporations are liable for injuries to third persons, resulting rom the negligence of subordinate officers or agents acting under their uthority and direction in the construction of public improvements belonging such corporation. \_Dayton v. Pease, i Ohio St. 80.] In such cases the principle of respondeat superior properly applies in the ime manner and to the same extent as in its application to the liabilities of rivato individuals, llbid.} But when such agent or officer, although appointed by the corporation, erforms duties for or between individuals, in which the corporation has no iterest, no such liability arises, and the corporation alone is responsible. Ibid.'] But while the duty performed is that properly appertaining to an adminis- rative and legislative body, acting in the government of a city — the making 3gulations, by-laws, and ordinances for the purposes specified, to be enforced y the appointment of officers — the municipal corporation is not responsible )r the negligence of its officers. The regulation of the police belongs to lis class. [Western College v. Cleveland, 12 Ohio St. 375.] "It is obvious that there is a distinction between those powers delegated to lunicipal corporations to preserve the peace and protect persons and property, hether exercised by legislation or the appointment of proper officers, and lose powers and privileges which are to be exercised for the improvement of le territory comprised within the limits of the corporation, and its adapta- on to the purposes of residence and business. As to the first, the municipal irporation represents the state — discharging duties incumbent on the state; to the second, the municipal corporation represents the pecuniary and ■oprietary interests of individuals. As to the first, responsibility for acts me or omitted is governed by the same rule of responsibility which applies like delegations of power ; as to the second, the rules which govern the sponsibility of individuals are properly applicable." [Ibid. 311.] The power of organizing and regulating fire companies, and providing en- , nes, etc., for extinguishing fires, is in its nature legislative and govern- ental ; and a city is not liable to individuals for damage resulting from a ilure to provide the necessary agencies for extinguishing fires, or from the gligence of officers or other persons connected with the fire department. Vheeler v. Cincinnati, 19 Ohio St. 19.] When the rule of respondeat superior does apply, the action can not be lintained jointly against the principal and the agent; the former, in case of !overy against him, having a right of action against the latter for his loss lulting from the wrongful act. [Clark v. Fry, 8 Ohio St. 359.] ''Ordinary care is not defined in the charge copied in the bill of exceptions, t is well known to mean that degree of care which persons of ordinary 18 •- THE LAWS OF election in the same manner the other officers of. the corporation are elected. [S. & C, p. 1509, sec. 47; S. & S., p. 792, sees. 3, 5.] *Sec. 60. [As amended, April 18, 1870,67 L. 68.] Officers of cities of the second class. The officers of cities of the second class shall consist of a mayor, treasurer, city commissioner, who shall be superintendent of streets and highways; marshal and solicitor; all of whom shall be elected by the qualified electors of the city ; and a clerk, who shall be chosen by the council ; provided, that all clerks heretofore chosen or elected shall hold their office until the expi- ration of the term for which they were chosen or elected. And the council shall have power, whenever deemed expedient, to create by ordinance the office of auditor, civil engineer, fire engineer, and superintendent of markets, and to provide for their election or appointment, and their compensation. [S. & C, p. 1511, sec. 51; S. & 8., p. 794, sec. 8.] Sec. 61. [As amended, April 20, 1871, 68 L. 69.] Officers to be elected, appointed, etc., in cities; exceptions as to treasurers — care and prudence are accustomed to use and employ under the same or simi- lar circumstances, in order to conduct the enterprise in which they are en- gaged to a safe and successful termination, having due regard to the rights of others and the objects to be accomplished. " It is obvious from this definition that the ordinary care required by the rule has not only an absolute but also a relative signification. It is to be such care 89 prudent persons are accustomed to exercise under the peculiar circum- etanees of each case. If called into exercise under circumstances of peculiar peril, a greater amount of care is required than when the circumstances are less perilous; because prudent and careful persons, having in view the object to be attained, and the just rights of others, are, in such cases, accustomed to exercise more care than in cases less perilous. The amount of care is indeed increased, but the standard is still the same. It is still nothing more than ordinary care under the circumstances of that particular case." [C G. 4i G. R. B. Co. v. Terry, 8 Ohio St. 570, 581.] Public agents acting within the scope of their authority are liable only for an injury resulting from a corrupt motive, or from their knowingly employ- ing incompetent persons. [^Ramsej/v. Riley, 13 Ohio, 157; Conwellv. Voorhees, 13 Ohio, 523; Stewart v. Southard, 17 Ohio, 402.] Officers acting in good faith, under an order regularly made by town trustees for grading a street, are not liable for injuries sustained by individuals in euch grading. [^Scovill v. Qeddings, 7 Ohio, 562.] * Sec. 60. [A8 originally paased.] Officers of cities of the second class. The oillcerB of cities of tlie lecond clasB shall consist of a mayor, clerh, treasurer, city commissioner, who shall be superin- tendent of streets, marshal and solicitor, all of whom shall be elected ; and the council shall have power, whenever deemed expedient, to create, by ordinance, the offlce of auditor, civil engineer, fire engineer, and superintendent of markets, and provide for their election in the same manner the other officers of the corporation are elected. MITNICIPAL CORPORATIONS. 19 Its to engineers.^ The officers of cities of the first class shall con- gist of a mayor, solicitor, treasurer, street commissioner, police judge, prosecuting attorney of the police court, clerk of the police court, all of whom shall be elected ; and a civil engineer, a fire engineer, superintendent of the markets ,and chief of police, to be appointed by the mayor, with the assent of the council, and the clerk and auditor to be elected by the council; and the council shall have power to provide by ordinance, for the appointment by the mayor, of as many lieutenants of police as may be deemed necessary ; provided, that in cities of the first and second class having a population of less than fifty thousand, embracing a county seat, no election for city treasurer shall be held, but the county treasurer shall in such cases act as city treasurer, at a rate of compensation not exceeding ^ve hundred dollars per annum ; and provided further, that all city treasurers now in office shall remain in office, and discharge the duties thereof until the expiration of the terms for which they respectively may have been elected; and provided further, that in cities having a population exceeding one hun- dred and eighty thousand inhabitants, the common council shall have *Sec. 61. [As originally passed.] O^iceri of cUies of firet class. The officers of cities of tho first class shall consist of a mayor, solicitor, treasurer, street commissioner, police judge, prosecuting attorney of the police court, clerk of tho police court, all of whom shall be elected ; md a fire engineer, superintendent of markets, civil engineer and chief of police, to be appointed t)y the mayor with the assent of the council ; and a clerk and auditor, to be elected by the jouncil ; and the council shall have power to provide, by ordinance, for 'the election or aiipoint- nent by the mayor, of as many lieutenants of police as may be deemed necessary. Sec. 61. [As amended, April 2, 1870, 67 L. 32.] O^ffioers of cilies of the first class. The officers of cities »f the first class shall consist of a mayor, solicitor, treasurer, street commissioner, police judge, jrosecutlng attorney of police court, clerk of police court, all of whom shall be elected, and L civil engineer, fire engineer, superintendent of markets, and chief of police, to be appointed )y the mayor, with the assent of the council, and a clerk and auditor, to be elected by the coun- ;11 ; and the council shall have power to provide by ordinance for the appointment by the mayor »f as many lieutenants of police as mny be deemed necessary : ^ovided^ that in cities of ike first and econd class having a population of less tJian fifty thousand^ embracing a county seat, no election for city treas- irer shall be lield, hit the county treasurer sltalt, in such cases, act as cUy treasurer^ al a rate of compensation 'or his services to be fixed by tlie city council, not exceeding five hundred dollars per annum; and provided 'wtJieTy that all city treasurers now in office shall reinain in office, and discharge tlie duties thereof until tha txpiraiion qfOie terms for which they respectively may have been elected. Sec. 61. [As amended, April 18, 1870, 67 L. 69.] Officers of cUies of the first class. The officers >f cities of the first class shall consist of a mayor, solicitor, treasurer, street commissioner, )oUce judge, prosecuting attorney of the police court, clerk of the police court, all of whom ihall be elected ; and a civil engineer, a fire engineer, superintendent of the markets, and chief )f police, to be appointed by the mayor, with the assent of the council ; and the clerk and au- iitor to be elected by the council ; and the council shall have power to provide, by ordinance, for ;he appointment by the mayor of as many lieutenants of police as may be deemed necessary ; »rovided, that in cities of the first and second class, having a population of less than fifty thou- land, embracing a county seat, no election for city treasurer shall be held, but the county tress- irer shall, in such cases, act as city treasurer, at a rate of compensation not exceeding five lundred dollars per annum; and provided further, that all city treasurers now in office shall emain in office, and discharge the duties thereof, until the expiration of the terms for which hey respectively miay have been elected. 20 THE LAWS or jiower to elect or provide by ordinance for the apjwintment of a fire engineer, to be known as the chief engineer of the fire department, and such assistant engineers, firemen and other employes as may be deemed necessary for the efficiencg and good government of the department ; the term of office of said chief and assistant engineers shall be two years, and until their successors shall be chosen and qualified. [S. & C, p. 1517, sees. 71, 72 ; S. & S., p. 826, sec. 1.] Sec. 62. Their term of office. All oflScers who are elected shall serve for two years, and until their successors are elected and qualified, and all officers who are appointed shall serve for one j'ear and until their successors are appointed and qualified. Sec. 63. Other requisite officers. The council shall have power to provide for the appointment, or election by the qualified electors of the corporation, wards or districts, as the case may require, of all such other officers as shall be deemed necessary for the good government of the corporation and the full execution of its cor- porate powers. [S. & 0., p. 1513, sec. 61 ; S. & S., p. 793, sec. 7.] ' Sec. 64. [As amended, April 18, 1870, 67 L. 69.] Appointment of corporation officers; how made. All appointments of ofiicers of municipal corporations created by law or ordinance shall be made by the mayor, by and with the advice and consent of the council, and the concurrence of a majority of all the members elected shall be required to confirm any such appointment; and the names of those voting, and for whom they voted, on the vote resulting in an appointment, shall be recorded; provided, that in the case of assistants in the offices of auditor, city clerks, solicitor, treasurer, clerk of police court and city civil engineer, in cities of the first class, the heads of the department shall have power to appoint, subject to the confirmation of the council; provided, nothing herein contained shall in any manner be so construed as to effect or repeal the act. of May 6, 1869, entitled "an act to amend section 1 of an act entitled ' an act to repeal an act entitled an act supplementary to an act entitled an act authorizing the appointment of metropolitan police commissioners in cities of the first class, with a population of less than one hundred thousand inhabitants at the last federal census,' passed April 5, 1866, passed March 29, 1867 (0. L., p. 80), and to provide a police for cities of the second class, passed April 16, 1868." [S. & C, p. 1525, sec. 9,9.] Sec. 65. Duties not defined in this act. All officers, whose powers and duties are not defined in this act, shall perform such duties, 1 The section as originally passed was that portion of the present section not in Italics. MUNICIPAL CORPORATIONS. 21 ind exercise such powers, as shall be prescribed by ordinance. ;S. & C, p. 1513, sec. 61.] Sec. 66. Vacancies, how filled; vacancy on removal. All vacan- cies in offices filled by appointment, and all other vacancies occur- ring within sixty days prior to the annual corporation election, shall be filled by appointment, as in other cases; and such appointment shall be for the unexpired term and until a successor is elected and qualified ; and all elections to fill vacancies shall be for the unex- pired term.' All vacancies in any other office created by this act shall be filled in the manner above provided. [S. & C, p. 1513, sec. 61; S. & S., p. 793, sec. 7.] 'Sec. 67. [As amended, May 1, 1871, 68 L. 115.] Removal to create a vacancy; exceptions. When any officer shall remove with- out the limits of the corporation, such removal shall be deemed a vacating of the office, and the vacancy shall be filled as in other cases ; provided, hoioever, that the provisions of this section shall not be held to apply to either the city solicitor or police judge. [S. & C, p. 1511, sec. 53.] Sec. 68. JVo change of emolument during term of office. Officers of municipal corporations, who are not prohibited from receiving compensation, or whoso compensation is not by law provided for, shall receive such fees or compensation for their services as the council may prescribe.' [S. & S., p. 793, sec. 7.] 'Where a new office was created by the municipal corporation act of 1869, which took effect July 1, 1869, it was competent for council to direct that the officer then elected should hold only until the next annual municipal election. 'State, ex rel. Chambers, v. Cook, 20 Ohio St.] 'The only change made in this section was the addition of the words in italics. ' When the duties of a public officer entitled to an annual salary continue ihrough the entire year, the salary accrues and becomes payable for the space af time only during which the duties are required to be performed, and a repeal of the law creating the office before the expiration of the year would itop the accruing compensation at the time when the duties of the office leased. But when the duties of an officer entitled to an annual salary are of such a mature that all his duties for the year maybe performed and completed within ess time than the year, the compensation for the entire year would be paya- ble, in case the duties required by law for the year are performed, although ihe office might be abolished before the end of the yeai*; and in such case, when there is only a partial performance before the abolishment of the office, ;he compensation should be apportioned to the duties performed, and not to ;he lapse of time. '^Lawrence ex parte, 1 Ohio St. 431.] 22 THE LAWS OF •Sec. 69. [As amended, April 18,,1870, 67 L. 69.] Emoluments of officers. The emoluments of no officer whose election or appoint- ment is required by this act, shall be increased or diminished dur- ing the term for which he may have been elected or appointed ; nor shall any change of compensation affect any officer whose offl,ce ehall be created under authority of this act, during his existing term, unless the office be abolished;^ and no person who shall have resigned or vacated any office shall be eligible to the same, during the time for which he was elected or appointed to serve, when during the same time the emoluments have been increased. No member of council shall be eligible to any other office, or to any position on any board provided for in this chapter, or created by any law or ordinance of council save as provided in chapter 46 of this act. [S. & C, p. 1521, sec. 86.] ' The only change made in this section was the insertion of the words in italics. 'It is an indietahle oflfense for a puhlie officer to exact and receive anything more for the performance of his legal duty than the fees allowed hy statute. [Gilmore v. Lewis, 12 Ohio, 281.] When a city officer receiving a fixed salary is directed hy council to do certain things in his line of duty, he can not recover any extra pay therefor. \^Halpin v. Cincinnati, 2 Weekly Law Gazette, 281.] When a county treasurer was required by statute to perform also the duties of township treasurer, and the law was silent as to his compensation, he could not claim the fees allowed by law to township treasurers. Pees are not allowed on implication. [Debolt v. Trustees of Cincinnati Township, 7 Ohio St. 237.] When an ordinance in one section directs that the mayor for each license granted shall "receive the fee of one dollar," and a subsequent section pro- vides that his salary shall be "two thousand dollars per annum, payable quarterly, and he shall not be allowed to receive any perquisites or fees for any services performed, except in such cases as are provided for in the laws of the State of Ohio," the proper construction of the ordinance is that the one dollar license fee is to be collected for the benefit of the city, and paid over into the treasury. [^Haich v. Cincinnati, 17 Ohio St. 48.] When under the statutes an officer is to receive such salary as may be pro- vided by ordinance, and no ordinance whatever has been passed, he may recover under a quantum meruit, though had council fixed a sum, however small, he would have been bound by it. IBuckmaster v. Zanesville, Muskingum Com. Pleas, per Granger, J.] MUNICIPAL CORPORATIONS. 23 CHAPTER VII. ELECTION OF OFFICERS. Section Section 70. Elections first Monday of April. 75. Returns of elections. 71. Special elections. 76. Clerk to make out abatract of votes. 72. Council to designate places of election. 77. Judges and clerk of election. 73. Mayor to issue proclamation. 78. Tie rote to bo decided by lot. 74. Who are qualified voters. • Sec. 70. Elections first Monday of April. The first Monday in April shall be the regular annual period for the election of all municipal officers whose election is provided for in this act. [S. & C, p. 1524, sec. 95.] iSec. 71. [As amended, April 18, 1870, 67 L. 70.] Special elec- tions. Special elections of members of the council, or of any officer chosen by the electors, shall be held within twenty days after a vacancy happens, or an elective office is created, unless the regular day for municipal elections shall occur within sixty days after such vacancy, at such time and place as the mayor shall direct, so that ten days' notice of such election be first given. [S. & C, p. 1524, sec. 95.] • Sec. 72. [As amended, April 18, 1870, 67 L. 70.] Council to designate places of election. The council of every municipal corpo- ration shall designate the place or places for holding the regular elections ; and in all corporations divided into wards, there shall be a place or places in each ward designated for holding elections. [S. & 0., p. 1524, sec. 95.] Sec. 73. Mayor to issue proclamation of election. It shall be the duty of the mayor, in all elections for municipal officers, to issue a proclamation to the qualified voters of the corporation, or of the respective wards or districts, as the case may require, setting forth the time and places of election, and the officers to be chosen, and io cause such proclamation to be published in some newspaper 3rinted in such corporation at least ten days previous to the eleo- ;ion ; or if no newspaper be published in the corporation, such, lotiee may be given by posters. [S. & C, p. 1524, sec. 95.] Sec. 74. Who are qualified voters. Any person who, at the time )f any election of municipal officers, would be a qualified voter, inder the laws of the State, for county officers, and shall actually ' The only change made in these sections was the insertion of the words in talics. 24 THE LAWS OF reside in the corporation or ward in which he offers to vote, shall be deemed a qualified voter; and all elections shall, in all respects, be held and conducted in the manner prescribed by law in case of township elections. ' [S. & C, p. 1524, sec. 95.] Sec. 75. Beturns of elections. The returns of all municipal elections in corporations which are divided into election districts or wards, shall be made to the clerk of the corporation, and shall be opened by him within the time prescribed as to the clerk of the court of common pleas in county elections. [S. & 0., p. 1524, sec. 96.] Sec. 76. Glerk to make out abstract of votes. The clerk, or in his absence or disability, some person to be selected by the council, shall call to his assistance the mayor of the corporation, or if there be no mayor, or the mayor be absent, disabled, or shall have been a candidate at such election, then any justice of the peace of the county, and shall, in his presence, make out an abstract and ascer- tain the candidates elected, in all respects as required by law of the clerk of the court of common pleas; and he shall, in like man- ner, make out a certificate as to each candidate so elected, and cause the same to be delivered to him, or to be left at his usual place of abode. [S. & C, p. 1524, sec. 96.] Sec 77. Judges and clerk of election. At all elections in corpo- rations which are not divided into election districts or wards, the mayor and council, any three of whom shall be a quorum, shall serve as judges, and the clerk shall serve as clerk ; and after can- vassing the votes which may be given at such election, shall declare the result, and the clerk shall make out and deliver to each person elected to any ofiice in such corporation a certificate of such election. [S. & C, p. 1524, sec. 96.] 'Sec. 78. [As amended, April 18, 1870, 67 L. 70.] Tie vote to he decided by lot. If more than the number of persons to be elected have an equal number of votes for the same office, then the officers whose duty it is to ascertain the persons elected as above pro- vided, shall determine, by lot, which of the persons receiving such equal number of votes, shall be declared elected ; and the election of any municipal officer, except a member of the council, may be contested in the manner provided by law for contesting the election of justices of the peace, except in cities of the first class, having a population of one hundred thousand and upward, where such election may be con- tested only in the manner provided for the contesting the election of county officers. 1 The only change made in this section was the addition of the words in italics. MUNICIPAL CORPORATIONS. 25 CHA.PTEE VIII. QUALIFICATIONS, OATH, AND BOND OF OFFICE. Section Section 79. Electors only eligible ; oath of office. 81. Bond and oath required within ten days. 80. Bond of officers. Sec. 79. Electors only eligible ; oath of office. AW officers shall be electors of the corporation in which they may be elected or appointed ; and before entering upon the duties of their office shall take an oath or affirmation to support the constitution of the United States, and the state of Ohio, and also an oath or affirma- tion of offlce.i [S. & C, p. 1525, sec. 97.] *Seo. 80. [As amended, April 18, 1870, 67 L. 70.] Bonds of officers. Each officer named in chapter six, shall, before entering upon the duties of his office, execute a bond,^ to be approved by 'The taking of the oath of oflBce is a mere ministerial act, and not a condi- tion precedent to entering upon the duties of the oflBce in a suit on the official bond, though it might be available in quo warranto. [State v. Findley, 10 Ohio, 51.] 2 A mistake in the obligee will not avoid an official bond. Thus, when I constable's bond is made out to the township trustees instead of the town- ihip treasurer, the bond is good. \_Barrett v. Reed, 2 Ohio, 409, 412.] Nor is a formal acceptance of the bond necessary. Receiving it, and filing t without objection is equivalent to an acceptance. [Ibid.'] The fact that the trustees of a township rejected and disapproved of a bond may be shown by parol, where there is no mention of it in the records. \ Wfisterhaven v. Clive, 5 Ohio, 136.] A bond that does not follow the statute requiring it exactly, is good so far 13 it covers the requisites of the statute, though void as to the residue. [State 7. Findley, 10 Ohio, 51.] The sureties on an official bond are liable even though their principal never iigned nor sealed the bond. [State of Ohio v. Bowman, 10 Ohio, 445.] The sureties on an official bond are liable for the failure of the personal •epresentatives of a deceased officer to pay over moneys which come into lis hands in the course of his official duty. [Peabody v. Ohio, 4 Ohio St. 387.] * Sec 80. [As originally passed.] Bond of officers. Each officer named in chapter six, shall, lefore entering upon the duties of his office, execute a hond, to be approved by the mayor, except the bond of the mayor shall be approved by lite council,) in such amount as the council shall, ty ordinance, prescribe, conditioned for the faithful performance of the duties of his office, ^hich bond (except the bond of the clerk) shall be deposited with the clerk of the corporation, ind be by him, with the approval Indorsed thereon, recorded and filed and preserved in his itEce, and the bond of the clerk shall, after being by him recorded, be deposited with the mayor. 26 THE LAWS OP the council, in such amount as the council shall, by ordinance, pre- scribe, conditioned for the faithful performance of the duties of his oflSce ; which bond (except the bond of the clerk) shall be deposited with the clerk of the corporation, and be by him, with the ap- proval indorsed thereon, filed and preserved in his office, and the bond of the clerk shall be deposited with the mayor. And the council may, from time to time, make such provision, by order or reso- lution, for recording all such bonds, as they may deem expedient. Sec. 81. Bond and oath required within ten days. The council may require from each officer whose appointment is provided for in section sixty-three, a bond, with proper penalty and surety, for the faithful discharge of the duties of his office; and shall have power to declare the office of any person appointed or elected to any office who shall fail to take the oath of office, or give bond when required, for ten days after he shall have been notified of his appointment or election, vacant, and such vacancy shall be filled as in other cases of vacancy. [S. & C, p. 1525, sec. 97.] CHAPTEK IX. COUNCIL OE THE CORPORATION. Section Section 82. The council. 90. Times and place of meetinp;. 83. Members must be residenta. 91. Compensation of members. 84. Prerogative. 92. Members shall not be interested in con- 85. First election ; terms of oflBce. tracts; penalty, etc. 86. Firs* meeting of council. 93. Who ineligible. 87. Organization of council. 94. Expulsion and removal. 88. Bights, duties, etc., of council, 95. Process to compel attendance. 89. Ex-officio members of council. 96. Administration of oaths. Sec. 82. The council. The legislative authority of all incor- porated villages shall be vested in a council consisting of six mem- If a bond be presented to the city council for approval, and no objection is taken within the time within which the officer is required to give bond, and no action taken in ordering a new election, it must be considered that the bond has been approved. [Rogers v. Pugh, 1 Disney, 443.] If, under such circumstances, the officer enters upon the discharge of his duties, the fact that a formal approval is shown on the record at a subsequent period can not affect intermediate acts. [Ibid.'] "Where a bond is tendered for the acceptance of the city council, which is not objectionable for any good cause, such as defect of form, insufficiency of sureties, etc., the council have no discretion left them, and will be compelled by mandamus to accept the bond. [Bellows v. Cincinnati, 11 Ohio St. 544.] MUNICIPAL CORPORATIONS. 27* bers, except in incorporated villages divided into three or more wards, when such authority shall be vested in a council composed Df two members from each ward. The legislative authority of all sities shall be vested in a council consisting of two members from each of the wards.^ [S. & C, p. 1509, sec. 47, and p. 1512, sec. 59.] *Sec. 83. [As amended, April 18, 1870, 67 L. 70.] Members must be residents, etc. The members of the council shall be residents of the corporation from which they shall be elected, and if the cor- poration be divided into wards or districts, then residents of the wards or districts for which they shall be elected,* and when, by rea- son of any alterations in the boundaries of a ward or district, the resi- dence of a member, whose term of office has not expired, shall be found in a ward or district of a different number than the one for which he was elected, he shall, nevertheless, in such case, be deemed and taken to represent the ward or district which at the time of his election included his residence ; provided, that if any ward or district, by annexation or 1 Where the city council have discretionary power In a case, their decision will not be interfered with by the court unless it be clearly shown to be founded in mistake, fraud, or a wanton spirit. \_Sargent v. 0. Sf M. M. R. Co., 1 Handy, 52, 63.] Where the city council is vested with power to regulate the price of gas, the power must be exercised in good faith ; if for a fraudulent purpose they fix a price at which they well know it can not be manufactured and sold with- out loss, such ordinance would impose no obligations upon the gas company. In such a case the good faith of the members of the city council who passed the ordinance may be inquired into. \_The State of Ohio, ex rel. the Attorney Gen- eral, V. The Cincinnati Gas Light and Coke Co., 18 Ohio St. 262.] Quere, whether inquiry could be made into the motives of council in case of an ordinance passed in the exercise of the legislative powers conferred upon it for the purposes of police regulation or municipal government. [TJirf. 262, 301.] 'Where the legislature changed the number of wards in a city, and the number of councilmen in a ward, so that some of the councilmen were thrown out of the wards in which they were elected. The charter required the coun- cilmen of each ward to "reside therein." Held, that the provisions of the law, though in terms taking effect immedi- ately, were to be postponed in operation until the election of a new council. But that even if this were otherwise, yet that while the members of the council continued to act de facto their proceedings would be valid. An assess- ment based on an ordinance passed under such circumstances was sustained. [Scovill V. Cleveland, 1 Ohio St. 126.] * Sec. 83. [As originally passed.] Memi>erB mmt be rmdenU. The members of the council shall be residents of the corporation from which they shall be elected , and if the corporation be di- vided into wards, then residents of the ward for which they shall be elected. 28 THE LAWS OF Otherwise, shall be entirely absorbed, and its identity destroyed, the office of the alderman, councilmen or trustee thereof shall cease} Sec. 84. Prerogative. The council shall have the management and control of the finances, and of all the property, real and per- sonal, of the corporation, except as may be otherwise provided for by law. [S. & C, p. 1513, sec. 61 ; S. & S., p. 794, sec. 8.] Sec. 85. First election ; terms of office. At the first election for council of incorporated villages under this act, three of the mem- bers shall be elected, to serve for one year, and three for two years ; and in such incorporated villages as may be divided into three or more wards, one of the members of the council for each of the wards shall be elected to serve for one year,and one for two years ; and thereafter, in all incorporated villages, the members of the council shall be elected to serve for two years. [S. & S., p. 792, sec. 3.] Sec. 86. First meeting of council. It shall be the duty of the mayor, or in his absence or inability, then the clerk, at the hour of the first regular meeting of the council after the second Mon- day of April in each year, to call the members elect to that body and the members holding over, who may be assembled, to order, and as the members elect are called, they shall present their certifi- cates and take the required oath or affirmation. In incorporated villages, the mayor shall be the president of the city council, but shall have no vote except in cases of a tie. In case of his ab- sence from any meeting, the council shall appoint one of their number to perform his duties for the time being. [S. & C, p. 1512, sec. 59, and p. 1510, sec. 49.] Sec. 87. Organization of council. In all cities, if the members elect of the council and the members holding over, then present, shall constitute a quorum, they shall forthwith proceed to organ- ize by electing, from their own number, a president, and a presi- dent jpro tern., and such other officers necessary to perfect their organization as, by ordinance, may be provided, and no business shall be transacted until such organization is efi'ected. [S. & C, p. 1512, sec. 59, and p. 1510, sec. 49.] Sec. 88. Bights, duties, etc., of council. The council shall be the judge of the election, returns, and qualifications of its own mem- bers, and shall determine the rule of its proceedings and keep a journal thereof, and may compel the attendance of absent mem- 'The original provision on this subject will be found in section 410. MUNICIPAL CORPORATIONS. 29 ters in such manner and under such pfcnalties as may, by ordi- nance, be prescribed. [S. & C, p. 1512, sec. 59, and p. 1510, sec. 49.] ' Sec. 89. [As amended, April 18, 1870, 67 L. 70.] Ex-officio members of council. The mayor, the city auditor, the city civil engineer, and the city solicitor, shall have seats in the council, and be entitled to take part in its proceedings and deliberations on all questions relating to their respective departments, subject to such rules as the council shall, from time to time, prescribe, but without the right to vote. Said ofiicfers may be compelled to attend meet- ing of the council in the same manner as the members. [S. & C, p. 1550, sec. 188.] Sec 90. Times and place of meeting. The council shall not be required to hold more than one regular meeting in each week ; and the meeting of such council may be held at such time and place as may be by ordinance prescribed, and shall, at all times, be opened to the public. The mayor, or any three members may call special meetings by notice to each member served personallj^, or left at his usual place of abode. [S. & S., p. 794, sec. 8, and p. 827, sec. 106; S. & C, p. 1513, sec. 61.] *Sec. 91. [As amended, April 18, 1870, 67 L. 71.] Compensa- tion of members of council. No member of the council or alderman shall receive any compensation for his services, either as council- man, alderman, committeeman or otherwise, except when acting as judge of election, when he shall receive such compensation as is provided by law for a judge of election. [S. & S., p. 794, sec. 8, and p. 827, sec. 106; S. & 0., p. 1513, sec. 61.] Sec. 92. Members shall not be interested in contracts ; penalty, etc. No member of the council or any officer of the corporation shall be interested, directly or indirectly, in the profits of any contract, job, work, or services (other than oSacisA services to be performed for the corporation), nor shall any member or officer act as com- missioner, architect, superintendent or engineer in any work undertaken or prosecuted by the corporation during the term for ' The only alterations in tliis section are the insertion of " the mayor " and the omission of the word "are" at the end. * Sec. 91. [ Afl originaUy pasaed, May 1, 1869, 66 L. 165.] tCompeneation of members. The members of the council shall not receive any compensation for tlieir services, except when acting as judges of election, when they shall receive such compensation as is provided by law for judges of election. 30 THE LAWS OF which he was elected in- appointed, or for one year thereafter.' Any member of any city council or officer herein specified, offend- ing against the provisions of this section, shall, upon conviction thereof in any court of competent jurisdiction, be fined in any sum not less than five hundred nor more than one thousand dol- lars, or be imprisoned in the county jail not less than thirty days nor more than six months, or both, at the discretion of the court, and shall, in addition thereto, forfeit his office as such member of the council or officer of the corporation. [S. & 0., p. 1522, sec. 86, and p. 1559, sec. 217.] Sec. 93. Who ineligible. No person shall be eligible as a member of the council, who, at the same time, holds any municipal office, or is an employe under the government of the corporation. [S. & S., p. 827, sec. 104.] Sec. 94. Expulsion and removal. Any member of the council may be expelled or removed from office by a concurrent vote of two-thirds of all the members elected, but not a second time for the same cause; any officer or agent, appointed by authority of this act, may be removed from office at the pleasure of the council by the vote of a majority thereof; any officer elected may be re- moved from office by a concurrent vote of two-thirds of all the members of the council elected. In case of elective officers, pro- vision shall be made by ordinance for preferring charges and try- ing the same ; but in no case shall such removal be made unless a charge in writing is preferred and an opportunity given to make defense. [S. & C, p. 1510, sec. 53, and p. 1515, sec. 67.] Sec. 95. Process to compel attendance. To enable the council fully to investigate charges against the members thereof, or other officers, or such other matters as they may deem proper, the mayor or police judge, at the request of the council, are hereby empow- ered to issue subpena or compulsory process, to compel the attendance of persons, and the production of books and papers before the council or any committee of the same. [S. & C, p. 1510, sec. 53, and p. 1515, sec. 67.] ' A board of public officers can not appoint one of their members to an office. [_State of Ohio, ex rel. Louihan, v. Taylor, 12 Ohio St. 130.] This section does not prevent a member of council from being elected as street commissioner, although he may not be able to superintend work ordered while he was in council. The mayor will be compelled by mandamus to ac- cept the bond of such a person. {State, ex rel. Flinn, v. Mayor of Cummina- lept lille, ville, Hamilton District Court, per Cox, J.] MUNICIPAL CORPORATIONS. 31 * Sec. 96. [As amended, April 18, 1870, 67 L. 71.] . Oaths of wit- nesses. In all cases in which the council, or any committee of the members thereof, are authorized to compel the attendance of wit- nesses for the investigation of matters which may come before them, the presiding officer of the council, or chairman of such com- mittee for the time being, shall have power to administer the requisite oaths; and such council or committee shall have such power to compel the giving of testimony by the attending wit- nesses as is conferred on courts of justice. [S. & C, p. 1544, sec. 167.] CHAPTER X. ORDINANCES, RESOLUTIONS, AND BY-LAWS — HOW ADOPTED AND PASSED.' Section Section 97. Adoption of ordinances, etc, 101. Statement as to publication. 98. Must be read tbree times, unless, etc, 102. Mode of publication. 99. Subject, and amendment, of by-laws, etc. 103. Effect of non-publication. 100. Ilecording and publisbing of by-laws, or- 104. By-laws, ordinances, etc., as evidence, dinances, etc. Sec 97. Adoption of ordinances, etc. All ordinances and resolu- tions, and all by-laws for the government of the council, shall require for their passage or adoption the concurrence of a majority of all the members elected, and the vote on their passage or adoption shall be taken by yeas and nays and recorded on the journal; and no money shall be appropriated except by ordinance. [S. & C, p. 1521, sec. 86, and S. & C, p. 1525, sec. 99.] ' The difference between an ordinance and a resolution is indicated by the court in Blanchard v. Biasell. The question here was as to the validity of an ordinance assessing a tax which had not been signed by the president. The court say, Scott, J., delivering the opinion: " We are strongly inclined to think that the signature of the presiding offi- cer was not essential to the validity of an ordinance of this kind. It is admitted to have been regularly passed by the proper body, and to have been duly recorded by the proper officer; and though it be true that the statute directs him to authenticate all ordinances by his signature, it does not follow *Seo. 96. [Ab originally passed.] Administration of oaths. In all cases in which the council are LUthorized to compel the attendance of witnesses for the inyestigation of matters which may iome before them, the presiding officer for the time being shall have power to administer the equlsite oaths ; and such council shall have such power to compel the giving of testimony by he attending witnesses as is conferred on courts of justice. 32 THE LAWS OP Sec. 98. Must be read three times, unless, etc. All by-laws, reso- lutions and ordinances, of a general or permanent nature, shall be fully and distinctly read on three different days, unless three- fourths of all the members elected shall dispense with the rule ; and the vote on such suspension shall be taken by yeas and nays and entered on the journal. [S. & C, p. 1521, sec. 86.] Sec. 99. Subject and amendment of by-laws, etc. No by-law or ordinance shall contain more than one subject, which shall be clearly expressed in its title ;^ and no by-law, or ordinance, or sec- tion thereof, shall be revived or amended unless the new by-law or ordinance contain the entire by-law or ordinance, or section revived or amended; and the by-law or ordinance, section or sec- tions, so amended, shall bo repealed. [S. & C, p. 1521, sec. 86.] * Sec. 100. [As amended, April 18, 1870, 67 L. 71.] Record- ing and publishing by-laws, ordinances, etc. All by-laws, resolu- tions and ordinances, shall, as soon as may be after their passage, be recorded in a book kept for that purpose, and be authenti- that his signature is essential to their validity. Besides, we are not aware of any provision in the statute which requires a town council to levy taxes solely by ordinance. Such an act, by whatever name it may be called, is properly in the nature of a resolution. It is of a tenaporary character, and prescribes no permanent rule of government; and though clothed in the form of an ordinance, it may well have the effect of a resolution without the signature of the presiding officer." [Blanchard v. Bissell, 11 Ohio St. 96, 103.] Ordinances and by-laws of municipal corporations bind strangers coming ■within their territorial limits. [Marietta v. Fearing, 4 Ohio, 427.] An ordinance or by-law inconsistent with or repugnant to the policy of the constitution or laws of the State is void. [lb.; Cincinnati v. Rice, 15 Ohio, 225; (My o/ Canton v. Nist, 9 Ohio St. 439; Thompson v. Mt. Vernon, 11 Ohio St. 688; Dodge-7. Gridley, 10 Ohio, 1'73.] Where a special title is set up in a declaration, depending on an ordinance of a city corporation, it must be set out in terms. [Cincinnati Water Co. v. Cin- cinnati, 4 Ohio, 443.] The delegation of authority to a municipal corporation to pass ordinances is not a violation of the article of the constitution vesting all legislative au- thority in the general assembly. [Markle v. Akron, 14 Ohio, 586, 590.] ^ This provision in the charter is only directory. Pirn y: Nicholson, 6 Ohio St., is decisive on this point. [Barton v. Huntington, Superior Court of Cin- cinnati, Opinion by Storer, J.] * Sec. 100. [Aa originally passed.] Recoi-duLg and puhlkhmg of hij~laws, ordinances, etc. All by- laws, resolutions, and ordinances shall, as soon as may be after their passage, be recorded in a book kept for that purpose, and be authenticated by the signature of the presiding officer and clerk of the council, and all ordinances shall be published in some newspaper of general circula- tion in the corporation — if a daily, six times, and if a weekly, twice, before going into opera- tion. MUNICIPAL CORPOBATIONS. 33 lated by the signature of the presiding offlcer'^ and clerk of he council, and all ordinances of a general nature or providing of improvements^ shall be published in some newspaper of general irculatioa in the corporation ; if a daily, twice, and if a weekly, mce, before going into operation.^ And no ordinance shall take •ffect until the expiration of ten days after the first publication of such wtice. [S. & C, p. 1525, sec. 98 ; S. & S., p. 797, sec. 16.] Sec. 101. Statement as to publication. The clerk shall, imme- liately after the expiration of the period of such publication, inter, on the record book of ordinances, in a blank space to be eft for such purpose under the recorded ordinance, a certificate tating in what newspaper and of what dates such publication was aade, and sign his name thereto officially, and such certificate hall be prima facie evidence that legal publication of such ordi- lance has been made. Sec. 102. Mode of publication. In all corporations in which here is no newspaper published, publication may be made by )08ting up written copies of all ordinances at not less than five of he most public places in the corporation, for a period of not less han fifteen days prior to the taking effect thereof; and the clerk hall make a certificate of such posting and the times when, and he places where, in the same manner as provided in the preced- ag section, and such certificate shall be prima facie evidence lat such copies were posted up as required. [S. & S., p. 797, 3C. 16.] Sec. 103. Effect of non-publication. It shall be deemed a suffi- ient defense to any suit or prosecution under any ordinance, to low that no such publication or posting as herein required, was lade, [S. & S., p. 797, sec 16.] ^ The omission by the presiding oiHcer of council to sign an ordinance, it lems, does not invalidate an ordinance, though he is required ty the statute to ithenticate it with his signature. "But if, as plaintiff below avers in his jtition, this ordinance was in fact regularly passed by the council, and re- irded among their proceedings by the proper officer, we would be unwilling hold that the omission of the presiding officer to attach to it his signature ould render the election held pursuant to its provisions wholly void. Its tality depends, as we think, upon the fact that it was regularly passed by e council, and this fact may be shown by the record." [Blanchard v. Bissell, Ohio St. 96, 100, 102.] ^This provision fixes only a minimum. Council must publish in one news- iper; if, in their discretion, they think proper to publish in more than e, the court can not, on the application of a tax-payer, enjoin them from ing so. [ Wasem v. Cincinnati, Superior Court of Cincinnati, Special Term, ift, J.] 34 THE LAWS OF Sec. 104. By-laws, ordinances, etc., as evidence. The printed copies of the by-laws or ordinances of any corporation, published under its authority, and transcripts of any by-laws or ordinances, or of any act or proceeding of any municipal corporation, recorded in any book, or entered on any minutes or journal, kept under the direction of such corporation, and certified by its clerk, shall be received in evidence for any purpose for which the original books, ordinances, minutes or journal, would be received, and with as mufih effect. [S. & 0., p. 1508, sec. 39.] CHAPTER XI. OEDINANOES — HOW ENFORCED. 105. How ordinances, etc., enforced. 110. Party to be committed in default of lOfi. Amount of fines, etc. payment. 107. Imprisonment. 111. Imprisonment, where to be made. 108. How flne&, etc., recovered. 112. Irapriaonment in county jail may be 109. Suits must be commenced within one prohibited. year. 113. Limit of such prohibition. Sec. 105. How ordinances, etc., enforced. By-laws and ordi- nances of municipal corporations may be enforced by the imposi- tion of fines, forfeitures and penalties,' on any person or persons offending against or violating such by-laws or ordinances, or any ' The power to create forfeitures must be expressly granted to a corporation to authorize them to exercise it. Authority, "to impose fines, forfeitures, and penalties" is such an express grant. \_Coter v. Doty, 5 Ohio, 394, 398.] A forfeiture can not be imposed by a city ordinance without a legal adjudi- cation. Authority can not be given to the marshal to seize gunpowder stored contrary to the provisions of an ordinance, and after three days' notice by publication to sell it to the highest bidder for the benefit of the corporation. [Ibid.-] Nor can the marshal be authorized to seize hogs running at large in the streets and sell them to the highest bidder. "The mischief, and it is un- doubtedly one, which was intended to be guarded against, might be prevented as effectually by a different proceeding. Unless there be a special custom, or express legislative authority for it, the penalty of a by-law can not be en- forced in this way. There can be no custom in this case, and the legislative authority which is contained in the charter does not necessarily or naturally import the exercise of the power. The ordinance commands the marshal to seize and impound the property, and then without any reserve, without any notice to the party, by means of which he might be enabled to exculpate him- MUNICIPAL CORPORATIONS. 35 of them; and the fine, penalty or forfeiture, may be prescribed in each particular by-law or ordinance, or by a general by-law or ordinance, made for that purpose; and municipal corporations shall have power to provide, in like manner, for the prosecution, recovery and collection of such fines, penalties or forfeitures. [S. & C, p. 1507, sec. 35.] Sec. 106. Amount of fines, etc. Fines, penalties and forfeitures which shall not exceed the sum of fifty dollars for any one speci- fied oflfease, or violation of the by-law or ordinance, or double that sum for each repetition of such oifense or violation, or which shall not exceed ten dollars for each day where the thing prohibited or rendered unlawful is in its nature continuous in respect to time, shall be deemed reasonable; but where in any by-law or ordi- nance a greater fine, penalty or forfeiture, is imposed than as above specified, it shall be lawful for the court or magistrate, in any suit or prosecution for the recovery thereof, to reduce the same to such amount as shall be deemed reasonable and proper, and to permit a recovery or render judgment accordingly. [S. & C, p. 1507, sec. 36.] Sec. 107. Imprisonment, and hard labor. In addition to the fines and penalties above specified, the council may provide for a further penalty of imprisonment for any term not exceeding thirty days, and for keeping persons convicted at hard labor during their term of imprisonment, at such time and place, and in such manner as may be prescribed by ordinance. [S. & C, p. 1507, sec. 36.] Sec. 108. Sow fines, etc., recovered. Fines, penalties and for- feitures may, in all cases, and in addition to any other mode pro- vided, be recovered by suit or action- before any justice of the peace or other court of competent jurisdiction, in the name of the proper municipal corporation, and for its use; and in any suit or self, directs it to be sold and the proceeds to be placed in the city treasury. Such an ordinance is as contrary to the general spirit of the charter as it is alien from the general genius of our institutions." [Per Grimke, J. Roae- haugh v. Saffin, 10 Ohio, 31, 36.] Where jurisdiction is conferred upon a municipal corporation over a par- ticular subject, this does not vest this jurisdiction exclusively in the council, and exempt the inhabitants of the corporation from the operation of the gen- eral law of the State, when it is not shown that the council has exercised such power. [ Wightman v. The State, 10 Ohio, 452.] Semhle, that a fine assessed by either jurisdiction would be a bar to a prose- cution for the same offense in the other jurisdiction. [Dictum by "Wood, J. Ibid, 454.] But the fact that a party has received a license under a state law does not exempt him from the provision of a town ordinance. \^Thomas v. Mt. Vernon, 9 Ohio, 290.] 36 THE LAWS OP action where pleading is necessary, it shall be sufficient if the petition set forth generally the amount claimed to be due in re- spect of the violation of the by-law or ordinance, referring to its title, and the date of its adoption or passage, and showing, as near as may be, the true time of the alleged violation. [S. & C, p. 1507, sec. 37.] Sec. 109. Suits must be commenced within one year. All suits or prosecutions for the recovery of fines, penalties or forfeitures, or for the commission of any oifense made punishable by any by-law or ordinance of any municipal corporation, shall be commenced within one year after the violation of the ordinance, or commis- sion of the offense, and not afterward. [S. & C, p. 1507, sec. 38.] Sec. 110. Party to be committed in default of payment. When any fine shall be imposed for the violation of any ordinance of the corporation, and the same is not paid, the party convicted shall, by order of the mayor or other proper authority, or on pro- cess issued for the purpose, be committed until such fine and the costs of prosecution shall be paid, or the party discharged by due process of law. [S. & C, p. 1553, sec. 198.] Sec. 111. Imprisonment, where to be made. When any person shall be imprisoned under the provisions of this act, such impris- onment shall be in the jail of the corporation, if the corporation be provided with a jail ; and any corporation not provided with a jail, shall be allowed, for the purpose of imprisonment, the use of the jail of the county, at the expense of the corporation, until such corporation shall have provided a prison, house of correction, or work-house; and all persona so imprisoned in the county jail shall be under the charge of the sheriff of the county, who shall receive and hold such persons in such manner as shall be pre- scribed by the ordinances of the corporation, until discharged by due course of law. [S. & 0., p. 1554, sec. 199, and p. 1511, sec. 55.] Sec. 112. Imprisonment in county jail may be prohibited. The county commissioners may, at their discretion, on giving to the council of any corporation written notice of their intention so to do at least ninety days prior thereto, prohibit the use of the county jail for the purpose authorized in this chapter. [S. & C, p, 1554, sec. 199.] Sec. 113. Limit of such prohibition. If, within ninety days after such notice shall have been given, the council of such corpo- ration shall have efficiently provided, by the passage of appro- priate ordinances, and the making of the necessary contracts, for the immediate erection of a prison, work-house, or house of cor- MUNICIPAL CORPORATIONS. 37 rection, for the purpose of imprisonment authorized by this act, the said corporation shall continue, notwithstanding the notice and prohibition provided for in the preceding section, to have the use of the county jail, for the purpose of imprisonment, until such prison, work-house, or house of correction, shall be erected and ready for use. [S. & C, p. 1554, sec. 199.] CHAPTER XII. POTHERS AND DUTIES OF MUNICIPAL OFFICERS. Section 114. Mayor — his jurisdiction, powers, etc. 115. Duties, fees, office, etc. 116. Further duties. 117. Jurisdiction. 118. Duties in suppreBsion of disorder, etc. 119. Supervision of conduct of oflScers. 120. Supervision of prisons, etc. 121. Suspension of officers for neglect, etc. 122. Shall report to council annually. 123. Disposition of fines, etc. 124^. Mayor as police judge. 125. Appeal from decisions of mayor. 126. Bond, salary, etc., of mayor. 127. Vacancy, how filled. 128. Clerk — his duties, etc. 129. He shall make a record, etc. 130. And post or publish it. 131. Shall report to state auditor, etc. 132. Shall certify to court. 133. Clerk of court shall record, etc. 134. Penalty for neglect. 135. When clerk shall perform duties of auditor. 136. Shall deliver books, etc., to city auditor. 137. Corporation seal. , 138. Aitdiior—hiB powers and duties. 139. The same. 140. Marshal — his deputies. I.— The Section 141. His duties, etc. 142. The same. 143,. Powers, responsibility, fees, etc. 144. Disposition of fines, etc. 145. Chief of police. 146. Duties of chief of police. 147. Powers, etc., same as marshal, 148. Compensation. 149. Shall receive no perquisites. 150. Disposition of fines, etc. 151. IVeosttrer— his powers and duties. 152. Further duties. 153. The same. 154. Compensation. 165." Duty of county treasurer. 156. Ex-officio corporation treasurer. 157. Solicitor — his duties. 158. The same. 159. The same. 160. When tax-payer may institute suit. 161. Duty of the court. 162. Solicitor's report. 163. His salary. 164. Street commiasioner, civil engineer, and su- perintendent of police — their duties . 165. Their compensation. Mayor. Sec. 114. Jurisdiction , powers, etc,^ of mayor. The mayor shall be a conservator of the peace throughout the corporation; and within the limits of the same shall have all the jurisdiction and powers of a justice of the peace, in all matters, civil and crimi- nal, arising under the laws of the State, and for crimes and offenses his jurisdiction shall be co-extensive with the county. [S. & C, p. 1510, sec. 51; p. 1511, sec. 57; p. 1516, sec. 68, and p. 1517, sec. 71.] Sec. 115. Duties^ fees, office, etc. The mayor shall keep a docket, and shall be entitled to receive the same fees that are or may be 38 THE LAWS OF allowed justices of the peace for similar services; and he shall keep an office at some convenient place, to be provided by the council, in the corporation, and shall be furnished by the council with the corporate seal of the corporation, in the center of which shall be the words, "mayor of the city of ," or " mayor of the incorporated village of ," as the case may be. [S. & C, p. 1510, sec. 51 ; p. 1511, sec. 57 ; p. 1516, sec. 68, and p. 1517, sec. 71.] Sec. 116. Further duties. The mayor shall perform all the duties by the by-laws and ordinances of the council prescribed ; and it shall be his special duty to see that all ordinances, by-laws and resolutions of the council are faithfully obeyed and enforced; and be shall sign all commissions, licenses and permits granted by authority of the council or authorized by this act, and such other instruments as by law or ordinance may require his certificate. [S. & C, p. 1510, sec. 51 ; p. 1511, sec. 57; p. 1516, sec. 68, and p. 1517, sec. 71.] Sec. 117. Jurisdiction. The mayor shall have exclusive juris- diction of all prosecutions for violations of ordinances of the cor- poration, with full power to hear and determine the same, in all corporations where no police court has been or shall be estab- lished. His jui'isdiction shall extend to cases where the defendant is entitled to a trial by jury, if a jury be not demanded, and he shall perform such other duties compatible with the nature of his office as the council may, from time to time, require. [S. & S., p. 823, sec. 97, and p. 825, sec. 101.] Sec. 118. Duties in suppression of. disorder, etc. The mayor shall have and exercise within the corporation limits, all the powers conferred upon sherift's of the counties, to suppress dis- order and keep the peace; and shall award and issue all such writs or process as may be neeessarj' to enforce the administration of justice throughout the corporation, and for the lawful exercise of his jurisdiction according to the usages and principles of law; and to writs, process, transcripts and official papers, of whatso- ever kind, he shall subscribe his name and aflBx his seal of oflSce. [S. & S., p. 825, sec. 101.] Sec. 119. Supervision of conduct of officers, etc. The mayor shall supervise the conduct of all the officers of the corporation, inquire into and examine the grounds of all reasonable complaints against any of them, and cause all their violations or neglect of duty to be promptly punished or reported to the proper authority for correction. [S. & C, p. 1511, sec. 57.] Sec 120. Supervision of prison, etc. The mayor shall also have power, and in his absence, the president of the council, to grant MUNICIPAL CORPORATIONS. 39 to the magistrates of adjoining or contiguous townships the tem- porary use of the corporation prison, station or watch houses, to confine criminals or other persons dangerous to the peace of the community, until they can safely be removed therefrom to the county jail, or other place of security. [S. & S., p. 825, sec. 101.] Sec. 121. Suspension of officers for neglect, ?tc. The mayor shall have power to suspend from office any lieutenants of police, or any officer appointed by him under the authority of any law or ordinance, for neglect of duty, misconduct in office, or other suffi- cient cause ; and may appoint other persons to fill the temporary vacancy occasioned thereby ; and all such suspensions, and the cause thereof, and all appointments, shall be by him reported to the council for their action at the next regular meeting thereafter. [S. & C, p. 1517, sec. 71.] Sec 122. Annual report to council. The mayor shall, at the first regular meeting of the council in April of each year, and at such other times as he may deem expedient, report to the council concerning the affairs of the corporation, and recommend such measures as to him may seem proper. [S. &. C, p. 1517, sec. 71.] Sec. 123. Disposition of fines, etc. All fines, penalties and for- feitures which may be collected by the mayor, or which may in any manner come into his hands, and all moneys which may be received by him in his official capacity, other than his fees of office, shall be by him weekly paid over to the treasurer of the corporation ; and at the first regular meeting of the council in each and every month, he shall submit a full statement of all such moneys received, and from whom and for what purposes received, and when paid over. [S. & C, p. 1517, sec. 73.] Sec. 124. Mayor as police judge. In all cities in which there is a police judge, the mayor shall not, except in cases of urgency or necessity, be required to hear or examine into any criminal charge or case, and any warrants issued by the mayor of such cities shall be made returnable before the judge of the police court; and in the unavoidable absence of the police judge, the mayor shall, if no acting police judge be by him appointed, have power to sit in the police court and perform the duties of the judge thereof. [S. & C, p. 1517, sec. 71.] Sec 125. Appeal from decisions of mayor. Appeals may be taken from the decision of the mayor, in the same manner as from decisions of justices of the peace; and any final sentence or con- viction before the mayor, may be exar&ined and revised in the same manner and by the same tribunal as is provided for the ex- 40 THE LAWS OP amination and revision of any final sentence or conviction in the police court. [S. & C, p. 1510, sec. 51, and p.'1521, sec. 84.] Sec. 126. Bond, salary, etc., ofmayor. The mayor shall give bond and security as is required by law of justices of the peace, to be approved by the council; and he shall, in addition to the fees he may be entitled to, receive such salary, payable quarterly out of the corporation treasury, as may be provided by ordinance -^ but the amount of such salary shall neither be increased nor diminished during his term of office. [S. & C, p. 1511. sec. 57.]^ Sec. 127. Vacancy, how filled. In the case of the death, resig- nation, disability or other vacation of his office, the council may, by the vote of a majority of all the members elected, appoint some suitable person within the corporation to act as mayor and dis- charge the duties of such officer until such vacancy be filled or the disability be removed. [S. & C, p. 1511, sec. 57 ; S. & S., p. 823i sec. 95.] II. — The Clerk. Sec. 128. Buties of clerk, etc. The clerk shall attend all the meet- ings of the council, and make a fair and accurate record of all its proceedings, and of all rules, by-laws, resolutions and ordinances passed by the council; and the same shall be subject to the inspec- tion of all persons interested. In case of his absence from any meeting, the council shall appoint one of their own number to perform his duties for the time being. [S, & C, p. 1510, sec. 48, and p. 1512, sec. 59 ; S. & S., p. 792, sec. 4.] *Seo. 129. [As amended, April 18, 1870, 67 L. 71.] Buties of city clerk as to record of receipts and expenditures. The clerk shall, on or before the third Monday in March of each year, make and enter in the record book of the corporation an account of all the receipts and expenditures of the corporation of the preceding year, stating from what sources the money was received, and for 1 Where a section of a city ordinance provides, that "for each and every license granted " by the mayor "he shall receive the sum of one dollar," and a subsequent section of the same ordinance provides that "the salary of the mayor shall he two thousand dollars, payable quarterly, and he shall not be allowed to receive any perquisites or fees for any service performed, except in such cases as are provided for in the laws of the state of Ohio," the fees received by the mayor under the former section of the ordinance are for the benefit of the city, and not for the benefit of the mayor, in addition to the salary payable to him under the latter section. [Hatc/i v. Cincinnati, 17 Ohio St. 48.] • ? * Sbc, 129. [Ab originaUy passed.] He shall make a rectyrd^ etc. The clerk Bhall, on or before the firat Monday in March of each year, make and enter in the record hook of the corporation, an account of all the receipts and expenditures of the corporation of the preceding year, stating from what sources the money was received, and for what purpose expended. MUNICIPAL CORPORATIONS." 41 whai purposes expended, and showing the exact condition of the several funds of the corporation. [S. & S., p. 792, sec. 4.] * Sec. 130. [As amended, April 18, 1870, 67 L. 71.] Statement to be posted. He shall cause a condensed statement of such account, which shall be approved and certified to by the mayor, to be posted up at the places of holding elections for officers of the corporation on the first Monday of April annually ; and the clerk shall publish the same in seme newspaper published or of general circulation in the corporation at least five days prior to the first Monday of April ; and upon the order of the council, the clerk shall at any time furnish to them a detailed statement of all receipts and disbursements for such period as they may require. [S. & S., p. 792, sec. 4.] fSEO. 131. [As amended, April 18, 1870, 67 L. 71.] Report to state auditor, etc. He shall, on or before the first Monday in June in each year, report to the auditor of state the aggregate expenses of such corporation for the preceding year, under the following heads : school, police, streets, bridges, fire department, lights, poor, salaries and interest; and also the amount of the general corpora- tion tax for all the preceding objects, and for any others not enumerated, and the special taxes levied and collected by the cor- poration for the same period; any corporation clerk who shall neglect to make report as above provided, shall forfeit and pay the sum of one hundred dollars, to be recovered before any court hav- ing jurisdiction of the subject matter, in the name and for the use of the corporation; provided, that in cities where there are city auditors, they shall perform the duties imposed upon the clerks in sections 129, 130 and 131. [S. & C, p. 1543, sec. 165.] Sec. 132. Shall certify to the court. The clerk shall certify to the court of common pleas of the county in which the corporation is situate, the election of every officer within the corporation having power to discharge the duties of a justice of the peace, or to take the acknowledgment of deeds, or to certify to depositions or * Sec. 130. [As originally passed.] And post or publish it. He shall cause a coj?;/ of such account to be posted up, at the places of holding elections for oflBcers of the corporation, on the morning of the first Monday of April, annually ; or the coanoil may, hy resolution, auOiorize him to pub- lish the same in some newspaper published in the corporation, as soon after the first Monday of April as may be practicable. t Sec. 131. [As originally passed.] Shall report to state auditor, etc. He shall, on or before the first Monday in June iu^each year, report to the auditor of state the aggregate expenses of such corporation for the preceding year, under the following heads : school, police, streets, bridges, fire department, lights, poor, salariei^and interest ; and also the amount of the general corpora- tion tax for all the preceding objects, and for any others not enumerated, and the special taxes of the corporation for the same period ; any corporation clerk who shall neglect to make report as above provided, shall forfeit and pay the sum of one hundred dollars, to be recovered before any court having jurisdiction of the subject matter, in the name and for the use of the corpora- tion. 42 THE LAWS OF aflSdavits to be used without the limits of such corporation, with the date of such election, and the time when such ofScer became legally qualified to discharge the duties of such office; which cer- tificate shall be made within ten days after such qualification. [S. & C, p. 1536, sec. 136.] Sec. 133. Clerk of court shall record, etc.. It shall be the duty of the clerk of the court of common pleas to record the same in the book in which the record of the elections and qualifications of justices of the peace are kept ; and the same fees shall be allowed to the officers certifying and recording the same, as are allowed for certifying and recording the election and qualification of jus- tices of the peace. £S. & 0., p. 1536, sec. 136.] Sec. 134. Penalty for neglect. Every clerk whose duty it shall be to make such certificate, or to record the same when presented for record, who shall neglect or refuse to perform the duties en- joined by this chapter, shall pay to the treasurer of the corpora- tion, the election of whose officer shall thereby remain uncertified or unrecorded, the sum of fifteen dollars, to be recovered in an action of debt at the suit of said corporation ; and also be liable for all damages arising from such neglect or refusal. [S. & C, p, 1536, see. 137.] Sec. 135. When clerk shall perform duties of auditor, etc. In all corporations in which there is no city auditor the clerk shall per- form the duties of auditor, under the direction of the council, and all such other duties pertaining to his office as shall by the council be prescribed; and he shall have the charge and custody of all the laws and ordinances, and the books, records and papers of the corporation, and shall carefully keep and preserve the same in his office, and shall certify all transcripts that may be required of any record or papers in his office, and shall be entitled to receive therefor the same fees as other officers for similar services. [S. & S., p. 794, sec. 8; S. & C, p. 1512, sec. 59,] Sec. 136. Shall deliver hooks, etc., to city auditor. Upon the creation of the office of city auditor, the clerk shall, upon demand, deliver to the incumbent of such office, when duly qualified, all the records, books, papers, vouchers and documents of every descrip- tion, in his possession, pertaining to the duties of such auditor. Sec 137. Corporation seal. The council shall cause to be pro- vided for its clerk's office, a seal, in the center of which shall be the name of the corporation, and around the margin the words, " City Clerk," or in case of an incorporated village the wordsj " Corporation Clerk ;" which seal shall be affixed to all transcripts, orders, certificates or other papers which it may be necessary or MUNICIPAL CORPORATIONS. 43 proper to authenticate under the provision of this act, or of any ordinances of the corporation. [S. & C, p. 1513, sec. 60.] III. — The Auditor. Sec 138. Poioers and duties of auditor. The auditor shall have power to administer oaths, and take affidavits, and such other powers, and shall perform such duties, as may be prescribed by law or any ordinance of the corporation not inconsistent with the ccuistitution and laws of the state, and not incompatible with the nature of his oflce. [S. & S., p. 801, sec. 22.] Sec. 139. The same. He shall have charge of all books, records and papers connected with his office, and shall carefully keep and preserve the same in his office, and the same shall be subject to the inspection of all persons interested. IV- — The Marshal. Sec. 140. The marshal ; his deputies. The marshal shall be the principal ministerial officer of the corporation, and ho shall have power to appoint one or more deputies, for whose official acts he shall be responsible, and by whom he may execute all writs, pro- cess and orders to him directed. [S. & C, p. 1510, sec. 52 ; p. 1516, sec. 70, and p. 1517, sec. 73.] Sec. m. Jlis duties. He shall execute and return all writs and process to him directed by the mayor, and shall, by himself or deputy, attend on the sittings of said courts to execute the orders and process thereof, and to preserve order therein ; and his juris- diction and that of his deputies, in the execution of all such writs and process, and in criminal cases and in cases of a violation of the ordinances of the corporation, shall be co-extensive with the county. [S. & C, p. 1510, sec. 52; p. 1516, sec. 70, and p. 1517, sec. 73.] Sec 142. The same. He shall suppress all riots, disturbances and breaches of the peace, and to that end may call upon the citi- zens to aid him; he shall arrest all disorderly persons in the cor- poration, and pursue and arrest any person fleeing from justice in any part of the state; he shall arrest any person in the act of com- mitting any offense against the laws of the state or the ordinances of the corporation, and forthwith bring such person before the mayor, or other competent authority, for examination or trial; and he shall receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or states. [S. & C, p. 1510, sec. 52; p. 1516, sec. 70, and p. 1517, sec. 73.] Sec 143. Powers, responsibilities, fees, etc. He shall have, in the 44 THE LAWS OP discharge of his proper duties, like powers, be subject to like re- sponsibilities, and shall receive the same fees as sheriffs and consta- bles in similar cases, for services actually performed by himself or his deputies, and such additional compensation as the council may prescribe;^ but in no case shall he receive any fees or compensa- tion for services rendered by any watchman or other officer, nor shall he receive for guarding,' safe keeping or conducting into the mayor's or police court, any person arrested by himself or depu- ties, or by any other officer, a greater compensation than twenty cents. [S. & C. p. 1510, sec. 52 ; p. 1516, sec. 70, and p. 1517, sec. 73.] Sec. 144. Disposition of fines, etc. All fees, costs, fines and pen- alties by him collected, shall immediately be paid over to the mayor, and he shall report to the council monthly the amount thereof, and from whence and for what purpose collected and when paid over. [S. & C, p. 1517, sec. 73.] V. — Chief of Police. Sec. 145. Chief of police. In all corporations in which there is no marshal, the duties imposed on that officer by this act shall be performed by the chief of police. [S. & C, p. 1518, sec. 74, and p. 1556, sec. 204.] Sec. 146. His duties. He shall be under the direction of the mayor, and shall execute all process to him directed by the mayor or judge of the police court, and shall by himself, or some lieuten- ant of the police to be by him designated, attend on the sittings of said courts to execute the orders and process thereof, and preserve order therein. [S. & C, p. 1518, sec. 74, and p. 1556, sec. 204.] Sec 147. Powers, etc., same as marshal. He shall have the same powers, perform the same duties, and be subject to the same responsibilities as are imposed on the marshal in the preceding di- vision of this chapter. [S. & C, p. 1518, sec. 74, and p. 1556, sec. 204.] Sec 148. Compensation. He shall receive for his compensation from the corporation such sum, payable quarterly, as the council may by ordinance prescribe, not exceeding fifteen hundred dollars per annum, and from the county, in state cases, not exceeding five hundred dollars per annum, to be allowed by the county commis- sioners. [S. & C, p. 1518, sec. 74, and p. 1556, sec. 204.] Sec. 149. Shall receive no perquisites. In no case shall he, or the lieutenant or watchman who may be detailed by him to attend on the police court, demand or receivt any perquisite, fee or reward 1 The salary of the marshal, or any other officer may be garnished like any other debt due him. \_Newark v. Funk, 15 Ohio St. 462.] MrNICIPAL CORPORATIONS. 45 )ther than is authorized by law. [S. & C, p. 1518, sec. 74, and p. 1556, sec. 204.] Sec. 150. Disposition of fines, etc. All fines, penalties and costs iollected by the chief of police, lieutenant or watchman, shall be paid over to the clerk of the police court, and the same fees shall be charged and collected by the chief of police from persons con- victed, as the marshal is herein authorized to charge and collect for similar services. [S. & C, p. 1618, sec. 74, and p. 1556, sec. 204.] YI. — The Treasurer. Sec. 151. Powers and dxities of treasurer. The treasurer, in ad- dition to the ordinary and usual duties of such officer, shall have such powers and perform such duties as are prescribed in this act or may be required by any ordinance of the corporation, not incon- sistent with this act and not incompatible with the nature of his office. [S. & C, p. 1517, sec. 72 ; S. & S., p. 795, sec. 12.] Sec. 152. Further duties of treasurer. He shall demand and receive from the county treasurer all taxes levied and assess- ments made and certified to the county auditor by authority of the council, and by said auditor placed on the tax duplicate for Bollection, and from all persons authorized to collect or required to pay the same, all moneys accruing to the corporation from judg- ments, fines, penalties, forfeitures, licenses, and costs taxed in the mayor's and police courts, and all debts, ot whatever kind, due the corporation, and disburse the same on order of such person or persons as may be authorized by ordinance to issue orders for the same. [S. & C, p. 1523, sec. 90, and p. 1546, sec. 173; S. & S., p. B94, sec. 321.] Sec. 153. The same. The treasurer shall settle and account yith the council quarterly, and as much oftener as the council shall 3y resolution or ordinance requii-e; and he shall report annually ;o the council, at the first regular meeting thereof, in April, the jondition of the finances of the corporation- and the amount re- jeived by him and the sources whence received, and the disburse- nents by him made and on what account, during the year pre- jeding the first day of April, and such account shall exhibit the )alancedue on each particular fund which may have come into his lands during the year. Sec. 154. Compensation. The treasurer shall be allowed as com- )ensation for the disbursement of all moneys, other than school unds, which shall come into his hands under the provisions of .his act, such sum as the council may allow, not exceeding the fol- owing in any one year : 46 THE LAWS OP On the first five thousand dollars, two per centum. On the next five thousand dollars, one and a half per centum. On the next ten thousand dollars, one-half of one per centum. And on all sums that may be disbursed by him in excess of the above amounts, one-fifth of one per centum, payable out of any money in the corporation treasury not otherwise appropriated, and no other compensation shall be allowed corporation treasur- ers for services performed under this act. [S. & S., p. 795, sec. 12.] Seo. 155. Duty of county treasurer. The county treasurer shall, on the first Monday of February and August in each year, pay over to the treasurer of the corporation all moneys received by him up to said dates, arising from taxes levied and assessments made belonging to the corporation. [S. & C, p. 1523, sec. 90.] *Sec. 156. [As amended, April 18, 1870, 67 L. 72.] Duty of ex- officio corporation treasurer. In all corporations in which the county treasurer is by law made ex-oflScio the corporation treasurer, except when under the provisions of section sixty-one of this act he may be appointed city treasurer, such county treasurer, if he has alreadj' entered upon the duties of his office, shall con- tinue to act aa such corporation treasurer until the expiration of his term of office; all moneys in the hands of such county treas- urer, acting ex-officio as corporation treasurer, shall, upon the termination of hia office, be transferred to the corporatioa treas- urer. [S. & S., p. 794, sees. 8, 9, 10, 11, 12.] VII. — The Solicitor. Sec. 157. Duties of solicitor. The solicitor shall, whenever re- quired so to do by resolution of the council, prosecute for and in behalf of the corporation all complaints, suits and controversies in which the corjDoration is a party, except cases before the police court where there is a prosecuting attorney for such court, and such other suits, matters and controversies as shall, by resolution or ordinance be directed. Sec. 158. llie same. He shall pay over to the treasurer all moneys which may come into his hands belonging to the corpora- tion, or which may come into his hands by way of fines, for- feittires, costs or otherwise, and take the treasurer's duplicate re- ceijats therefor, one of which he shall file with the clerk of the corporation, or in case there be an auditor, then with such auditor. * Sec. 156. [As originaUy pisaad.] The aama aa ez-o//icio cor^ovalion treasurer. In all corpora- tions in which the county treaguror is by law made ex-officio the corporation treasurer, such county treasurer, if lie has already entered upon the duties of his office, shall coutiuue to act as such coi-poration treasurer until the expiration of his term of office ; all moneys in the hands of such county treasurer acting ox-officio as corporation treasurer, shall, upon the termination of his office, bo transferred to the corporation treasurer. MUNICIPAL COKPORATIONS. 47 Sec. 159. The same. He shall apply to a court of competent jurisdiction for an order or injunction to restrain the misapplica- tion of the funds of the corporation, or the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the corporation in contravention of the laws or ordi- nances governing the same, or which was procured by fraud or corruption.! [S. & C, p. 1559; sec. 219.] * Sec. 160. [As amended, ApriilS, 1870, 67 L. 72.] Whentax- payer may institute suit. In case the solicitor shall fail, upon the request of any of the tax-payers thereof, to make the application provided for in the preceding section, it shall be lawful for such 'tax-payer to institute a suit in his own name, on behalf of the corporation ; provided, that no such suit or proceeding shall be en- tertained by any court, until such request shall have first been made in writing. [S. & U., p. 1559, sec. 219.] Sec. 161. Duty of the court. If the court hearing such case shall be satisfied that such tax-payer had good cause to believe that his allegations were well founded, or if the same are suf- ficient in law, it shall make such order as the equity and justice of the ease shall demand ; and in such case he shall be allowed his costs, including a reasonable comj>ensation to his attorney.^ [S. & C, p. 1559, sec. 219] Sec. 162. Solicitor's report. The solicitor shall make a report annually to the council, at their first regular meeting in April, of the business of his office and the moneys by him collected during the year preceding the first day of April, and such other matters as he may think proper in order to promote the good govern- ment and welfare of the corporation. Sec. 163. His salary. He shall receive such stated salary, pay- ^TTiider this section, when the solicitor maltes application, it is most properly to be done in his own name on behalf of the city, while the application by the tax-payer, upon the failure of the solicitor to malce the application, should be in the name of the tax-payer on behalf of the city. [Miller ei al. v. The Trustees of the Water-works, Superior Court of Cincinnati, Special Term, MS. per Taft, J.] 2 When the solicitor files the application at the request both of a tax-payer and of the board, who desire an investigation, and files the answer of the board, and the counsel retained by the tax-payers assist, by his consent, in the trial of the case, such services are, under the statute, in the discretion of the court, to be paid for by the city. \_MiUer v. Trustees of the Water-works, Su- perior Court of Cincinnati, Special Term, per Taft, J.] *Sec. IGO. [As originally passed.] When tax-payer maj/ institute suit. In case the solicitor sball fail, upon the request of any of the tax-payers thereof, to make the application provided for in the preceding section, it shall be lawful for such tax-payer to institute a suit in his own name on behalf of the corporation. 48 THE LAWS OF able quarterly out of the corporation treasury, and such fees or compensation for particular services as the council may prescribe. VIII. — Street Commissioner, Fire Engineer, Civil Engineer AND Superintendent of Markets. Sec. 164. Duties of street commissioner, civil engineer and super- intendent of market. The street commissioner, fire engineer, civil engineer, and superintendent of markets, shall each severally per- form the duties prescribed by this act, and such other duties not incompatible with the nature of their office, as the council may by ordinance require. [S. & C, p. 1517, sec. 72, and p. 1542, sec. 159; S. &S., p. 826, sec. 103.] Sec. 165. Their compensation. They shall each receive such compensation for their services, by fees or salary, or both, as may be provided by ordinance. CHAPTEE XIII. jurisdiction and powers oe police courts. Section Section 166. Police judge — his powers, ISO. Return on such writ. 167. His jurisdiction. 181. Wliat common pleaa court may do. 168. The police court. 182. Clerh of police court — his duties. 169. Prosecutions, how brought, 183. His oath and bond. 170. Compensation of police judge. 184, His salary, etc. 171. Police court always open, etc. 185. His powers. 172. Jurors in police court. 186. Substitute for clerk. 173. Rules of practice, etc. 187. Further duties of clerk. 174. Substitute for police judge. 188. Shall not be concerned as counsel. 175. His oath. 189. Shall account for fines, etc. 176. Record of proceedings. 190. Disposition of surplus fees. 177. Fees. 191. Prosecuting aitomey of police court — duties. 178. Fees of witnesses. 192. His salary. 179. Writ of error to common pleas. 193. Substitute for prosecuting attorney. I. — Police Judge. Sec. 166. Powers of police judge. The police judge shall have in all criminal cases the same power and jurisdiction that are or may be by law vested in justices of the peace of the county; he shall also have power to take acknowledgments of deeds and other instruments of writing; to administer oaths, and take and certify depositions. [S. & S., p. 797, sec. 17.] Sec. 167. His jurisdiction. He shall have jurisdiction of all violations of the ordinances of the city, and of all cases of petit larceny and of inferior offenses which do not require an indict- ment by a grand jury, committed within the limits of the city or ■ MTINICIPAL CORPORATIONS. 49 within four miles tiiereof.' The power, to hear and determine such oifenses shall extend to cases where the accused is entitled to a trial by jury, if a jury be waived. [S. & S., p. 797, sec. 17.] Sec. 168. The police court. He shall have power to hold a court, to be styled " The Police Court," which shall be a court of record ; it shall have a seal to be provided by the city council, with the name of the state in the center, and the style of the court around the margin. He shall have power to issue process, to preserve order and punish contempts; to summon and impanel jurors, and such further powers incident to a court of common pleas, as may be necessary for the exercise of the jurisdiction herein con- ferred. [S. & S.,' p. 798, sec. 17.] Sec. 169. Prosecutions, how brought. Prosecutions in said court for offenses against the laws of the state, shall be brought and conducted in the name of the state, and prosecutions for the vio- lation of city ordinances shall be brought and conducted in the name of the city. [S. & S., p. 798, sec. 17.] Sec. 170. Compensation of police judge. The judge of the police court shall receive no fees or perquisites whatever, but shall receive such annual compensation, to be paid quarterly out of the city treasury, not exceeding two thousand dollars, as the council may prescribe, and such further compensation payable out of the county treasury, as the county commissioners may deem proper; but in cities of the first class, having a population of one hundred thousand inhabitants, such judge shall receive not less than fifteen hundred dollars per annum from the city treasury, and not less than fifteen hundred dollars per annum from the county treasury ; nothing in this section shall prohibit said judge from receiving the fees for taking acknowledgment of deeds, depositions and affi- davits, allowed to justices of the peace for like purposes. [S. & S., p. 798, sec. 18.] Sec. 171. Police court always open, etc. The police court shall always be open for business ; but may adjourn from day to day or from time to time; and the mode in which business shall be 1 The police court has power to hear and determine any case in which no indictment is required by the laws of the state at the time when the jurisdic- tion is entertained. [Dillingham v. The State, 5 Ohio St. 280; ex parte Scott, 19 Ohio St. 581.] The act of February 1, 1853, providing for the discharge before the com- missioner of insolvents of persons imprisoned for non-payment of fines for more than sixty days, is constitutional, and applies to prisoners fined in the police courts, and compliance therewith will be enforced by mandamus. Ha- beas corpus is not the proper remedy. {Ex parte Scott, 19 Ohio St. 581.] 50 THE LAWS OF brought before the court shall be fixed by ordinance of the city council or rule of the court. [S. & S., p. 799, sec. 19.] Sec. 172. Jurors in police court, etc. The jurors in said court shall have the qualifications of jurors in the court of common pleas, and shall be summoned and impaneled in accordance with an ordinance of the city council, or in ease the council shall fail to pass such ordinance, in accordance with a rule of court, and said court shall have power to compel the attendance of witnesses, jurors and parties.^ [S. & C, p. 1520, sec. 81.] Sec. 173. Bules of practice, etc. The judge shall adopt such rules of practice and procedure as will give all parties a proper statement of any charge' against them, and a full opportunity of being heard; but shall at the same time dispatch the business with all convenient speed ; and all rules of the court shall be written or printed, and posted in the room in which it holds its sittings. [S. & S., p. 799, sec. 19.] Sec. 174. Substitute for police judge. In the absence, inability or disability of the judge, it shall be lawful for the mayor to select a reputable member of the bar, residing within the city,' to hold said court, and for the time being such person shall have the jurisdiction and powers conferred upon judges of police courts, and' shall be styled, " acting police judge," in which style he shall sign all process and records during the time he shall serve, and shall perform all other oflScial acts pertaining to said office.' [S. & S., p. 800, sec. 20.] Sec. 175. Before the person so appointed shall enter upon the duties of acting judge, he shall take an oath to support the con- stitution of the United States, the constitution and laws of the state of Ohio, the charter and ordinances of the city, and an oath of office. [S. & S., p. 800, sec. 20.] Sec. 176. Record of proceedings. In cases where the police Courtis required to recognize the defendant to appear before any other court, the proceedings and recognizance shall be recorded as is required of justices of the peace in like cases. [S. & C, p. 1537, sec. 141.] 'A trial of a person charged with an offense punishahle with Imprisonment and sentence to imprisonment, will he illegal unless means are provided by which any person so charged can be tried by a jury if he do not waive such a trial. \_Thom.as v. Ashland, 12 Ohio St. 124.] 'There are conflicting decisions as to this section. It was held unconstitu- tional by Cox, J., on certiorari (Nesmith v. Cincinnati, Ham. Com. Pleas), and subsequently constitutional by Storer, J., on habeas corpus. [Steie, ex rel. McAllister, v. Weber, Sheriff, Superior Court of Cincinnati, Special Term.] MUNICIPAL CORPORATIONS. 51 ■ ■ Sec. 177. Fees. The fees in said police court shall be the same in state cases as are or may be allowed by law to justices of the peace, or in the probate court in like cases ; and in cases for the violation of ordinances, such fees not exceeding fees for services of a like nature in state prosecutions, as the council shall by ordinance prescribe. [S. & C, p. 1537, sec. 139.] Sec. 178. Fees of witnesses. Witnesses in the police court shall be allowed the same fees in cases arising from a violation of the ordinances, as are allowed in like cases before justices of the peace, which shall be paid' in the same manner; and in state cases the same fees, which shall be paid in the same manner as in like cases in the court of common pleas. [S. & C, p. 1537, sec 140.] >Sec. 179. [As amended, April 18, 1871, 67 L. 72.] Writ of error to common pleas. Any final conviction or sentence of the police court, may be examined into by the court of common pleas on writ of error, which may be allowed by such court or judge thereof, for sufficient cause, and proceedings may be stayed as may be deemed reasonable, and the revising courts shall, in such proceed- ings, take judicial notice of all ordinances, by-laws or resolutions of the city or village, the judgment of whose mayor or police judge said court may he examining. [S. & C, p. 1521, sec. 84.] Sec. ISO. Meturn on such writ. The police court shall return on such writ of error all matters of record or on file touching the proceedings, or a transcript thereof, and any facts which may have been noted by the judge or certified in the nature of a bill of exceptions at the time of trial. Sec. 181. What common pleas court may do. On such return the court of common pleas may make such order as right and justice may require, and may either discharge the party or set aside the conviction and order another trial, or dismiss the writ of error and order a procedendo ; but no conviction or sentence of any police judge' shall be set aside or disregarded for the want of any technical averment that any matter or thing is within his jurisdiction. II. — Clerk of Police Court. Sec. 182. Duties of clerk of police court. The clerk of the police court shall perform like duties as the clerk of the court of common pleas in like cases. [S. & S., p. 799, sec. 19.] Sec." 183. Mis oath and bond. He shall, before entering upon the duties of his office, take an oath of office, and execute bonds, 'The amendment consists simply in the addition of the words in italics.. 52 THE LAWS OF with sufficient surety, to the city and county commissionera of the county in which said court is situated, in such sums as the council of said city and the county commissioners of said county may prescribe, conditioned for the faithful performance of the duties of his office. [S. & S., p. 799, sec. 19.] Sec. 184. His salary. He shall receive for his services in city cases a fixed salary, to be prescribed by ordinance of the council, and for state cases prosecuted in said court, such further allow- ance, not exceeding eight hundred dollars per annum, as the county commissioners of such county may deem proper. [S. & S., p. 799, sec. 19.] iSeo. 185. [Asaraended,Aprill8, 1870, 67L.72.] Powers of clerk of police court. He shall have power to administer oaths, and to appoint two or more deputies, to be approved by the council, who shall receive such reasonable compensation, not exceeding fifteen hundred dollars per annum, as the council shall prescribe. Such clerk is also authorized, in the absence of the judge or mayor, to admit to bail any person or persons who may be under an arrest for any mis- demeanor or minor offense, or for the violation of any ordinance, for his, her or their appearance before the judge or mayor, as the case may be, for any period not exceeding twenty-four hours. [S. & S., p. 799, sec. 19.] Sec. 186. Substitute for clerk. In case of temporary inability of the clerk, when no deputy shall have been appointed, the judge may appoint some competent person, who, upon giving bond and taking the oath prescribed, shall perform all the duties, and have all the powers imposed upon said clerk; and he shall be paid out of the city treasury, on the order of the council, at the same rate as the clerk is paid for similar services; but such appointment shall be valid only until the inability of the clerk is removed. [S. & S., p., 799, sec. 19.] Sec. 187. Further duties of clerk. The clerk shall file and pre- serve all informations, process, motions and papers of every description, used in said court, and keep a journal of all the doings of the court, which shall be read each day, and, if necessary, cor- rected and signed by the judge; and in all cases where final judg- ment is given, the, journal entry of each case, with the papers filed shall be deemed the record of that case. [S. & C, p. 1537, sec. 141.] Sec. 188. Shall not be concerned as counsel. He shall not be concerned as counsel or agent in the prosecution or defense of any case before the court. [S. & S., p. 800, sec. 19.] ' The amendment consisted simply in the addition of the words in italics. MUNICIPAL CORPORATIONS. 53 Sec. 189. Shall account for fines, etc. He sliall, on the first day of every month, or within three days thereafter, account, under oath, for all fines, penalties, fees and costs, imposed by the court in city cases, to the city auditor, and in state cases, to the county auditor, and shall pay into the city and count}' treasuries, respect- ively, the amount' then received by him. [S. & C, p. 1537, sec. 139.] Sec. 190. Disposition of surplus fees. If there be any surplus of such foes, collected for the city after payment of the expenses of the police court required to be paid by such city, such surplus shall be appropriated by the council for the benefit of the common schools of the city. [S. & C, p. 1537, sec. 139.] III. — Prosecuting Attorney of Police Court. Sec. 191. Duties of prosecuting attorney. It shall be the duty of the prosecuting attorney of the police court, to prosecute all city and state cases brought before said court, and he shall perform like duties, as far as the same are applicable to such police courts, as are required by prosecuting attorneys of this state. [S. & C, p. 1537, sec. 138.] Sec. 192. His salary, etc. He shall receive for his services in city cases, such salary, to be paid out of the city treasury, as the council shall prescribe, and the county commissioners of any county in which there is or may be a police court established, shall allow him such further compensation, not to exceed eight hundred dollars per annum, as may be deemed right and proper, which shall be paid out of the county treasury. [S. & C, p. 1537, sec. 138.] Sec. 193. Substitute for prosecuting attorney. In case of the temporary inability of the prosecuting attorney of the police court, the judge shall appoint some competent member of the bar to per- form the duties of the oflice until such disability is removed, and no longer, and he shall be paid out of the city and county treas- uries, a compensation proportionate to the time he may serve, and the amount so paid may, at the discretion of the judge, be deducted from the salary of the prosecuting attorney. 54 THE LAWS OF CHAPTEE 2IV. THE MAYOR S COURT. Section Section 194. Juries in mayor's court. 197. Costs and fees. 195. Talesmen. 198. Powers of mayors same as justices. 196. Duties and compensation of jurors. Sec. 194. Juries in mayor's court. The council of any city or incorporated village shall have power to provide, by ordinance, for the summoning and impaneling of juries by the mayor. Such jurors shall have the qualifications of jurors in the court of com- mon pleas, and may be impaneled to try such cases arising from violations of ordinances as may be prescribed by the council. [S. & C, p. 1516, sec. 68; S. & S., p. 823, sec. 97, and p. 825, sec. 101.] Sec. 195. Talesman. When any juror so summoned shall, upon challenge or inquiry, be found incompetent, he may be dismissed, and a- talesman called by the marshal or officer attending the may- or's court at the time, and the panel filled in the same manner as panels are filled in the court of common pleas. [S. & C, p. 1516, sec. 68; S. & S., p. 823, sec. 97, and p. 825, sec. 101.] Sec. 196. Duties and compensation of jurors. Jurors summoned to serve in the mayor's court, shall perform like duties and be subject to like rules and penalties as jurors before justices of the peace ; and witnesses subpoenaed to give testimony in said court, and jurors, shall receive the same compensation as witnesses be- fore justices of the peace. In cases for the violation of ordinances, their fees shall bo paid, on the certificate of the mayor, out of the corporation treasury, and in state cases, on like certificate, out of the county treasury. [S. & C, p. 1516, sec. 68, and p. 1520, sec. 81 ; S. & S., p. 823, sees. 96, 97.] Sec. 197. Costs and fees. The costs of the mayor and marshal, in all cases for the violation of ordinances, shall be fixed by ordi- nance, but in no case greater than the fees for similar services be- fore justices of the peace ; and their fees, including the fees of jurorg and witnesses, shall, in case of conviction, be taxed against the party or parties convicted, and in case of acquittal, except the fees of mayor and marshal, against the corporation. [S. & C, p. 1516, sec. 68, and p. 1520, sec. 81 ; S. & S., p. 823, sees. 96, 97.] Sec. 198. Powers of mayors same as justices. The mayor shall have like power to punish contempts and compel the attendance of jurors and witnesses, and to establish rules for the examination MUNICIPAL CORPORATIONS. and trial of all cases brought before him, as is or may be conferred upon justices of the peace. [S. & C, p. 1516, sec. 68, and p. 1520, sec. 81 ; S. & S., p. 823, sees. 96, 97.] CHAPTEE XV. GENERAL POWERS OF MUNICIPAL CORPORATIONS. Section 199. General sanitary and other powers of municipal corporations. 'Sec. 199. [As amended, April 18, 1870, 67 L. 72.] General powers of cities and villages. All cities and incorporated villages shall have the general powers" hereinafter mentioned and may provide by ordinance for the exercise of the same. 1. Riots, gambling, etc. To prevent riots, gambling, noise and disturbance, indecent or disorderly conduct or assemblages, pre- serve peace and good order, and to protect the property of the municipal corporation and its inhabitants. [S. & C, p. 1499, sec. 20, and p. 1507, sec. 34.] 2. Nuisances. To prevent injury or annoyance from anything dangerous, oflfensive or unhealthy, and to cause any nuisance to be abated.' [S. & C, p. 1499, sec. 20, and p. 1507, sec. 34.] 'This section differs from the section as originally passed only in the addi- tion of paragraphs 39, 40, and 41, which are in italics. 2 Where power is given to the council by charter to prevent huckstering, they can not hy an ordinance define that term so as to include matters not properly included in it. \_Mays v. Cincinnati, 1 Ohio St. 268.] 'An ordinance of a city declaring a certain thing a nuisance does not con- trol the liability of the party doing it in a civil actiofl. He would only incur a liability to the penalty. [Adm'r of Chambers v. Ohio Life Ins. and Trust Co., 1 Disney, 327.] A city ordinance requiring the property owner to remove snow and ice from his pavement does not create such a positive duty on the property holder as to render him answerable for the consequences to such as may suffer there- from. - It imposes a duty to the public alone, which can only be enforced by the penalty prescribed. [Vandyke v. Cincinnati et al., 1 Disney, 532.] Under section 62 of the municipal corporation act of 1852, council have power to make all needful regulations to promote the public health and pre- vent the prevalence of disease ; the council have power to prohibit any per- sons from carrying through the streets any dead animal or offal, unless they have obtained from the president of the board of health a permit to do so, 56 THE LAWS OP 3. Billiard tables. To suppress billiard tables, fline or ten pin alleys or tables, and ball alleys; and to authorize the destruction of all instruments or devices-used for the purpose of gaming. [S. & C, p. 1499, sec. 20, and p. 1507, sec. 34.] 4. Brothels, etc. To suppress and restrain disorderly houses and houses of ill-fame, and provide for the punishment of all lewd and lascivious behavior in the streets and other public places. [S. & C, p. 1499, sec. 20, and p. 1507, sec. 34.] 5. Porter houses, etc. To regulate, restrain and prohibit ale, beer and porter houses or shops ; and houses and places of noto- rious or habitual resort for tippling or intemperance. [S. & C, p. 1500, sec. 25.] 6. Taverns. To regulate taverns and other houses for public en- tertainment. [S. & C, p. 1500, sec. 25.] 7. Theaters, lectures, etc. To regulate or prohibit all theatrical exhibitions and public shows, and all exhibitions of whatever name or nature for which money or other reward is in any manner de- manded or received; but lectures on historic, literary or scientific subjects shall not come within the provisions of this section. [S. & 0., p. 1500, sec. 25.] 8. Animals at auction. To regulate or prohibit the sale of live specifying the conditions of removal. [Morgan v. Cincinnaii, Superior Court of Cincinnati, Special Term, per Storer, J.] In pursuance of this object, the council have a right to make a contract ■with a single individual to remove all animal offal and dead animals without the city limits ; and the fact that this privilege is valuable, and that the con- tractor pays the city for it instead of charging it for the labor, does not dimin- ish the right. [Ibid.'] When the contract contains an agreement not to grant permits to any other person to remove such matter, this is legal, except, perhaps, that the owner of such matter may claim a permit to remove it himself beyond the city limits upon complying with thg required conditions. [Tiid.] It is not necessary that the matter should have become actually offensive before the city can exercise power over it. In all such cases preventive meas- ures are necessary. It is enough thai it will become offensive if not disposed of. [Ibid.} When the owner applied for a permit, offering to comply with the condi- tions, but was refused on the ground of the contract, and removed the animals without a permit, and was arrested and convicted of a violation of the ordi- nance before the police court for so doing, on certiorari to the common pleas court it was held that the ordinance was valid, and that the plaintiff was prop- erly fined for disobedience, the court not finding it necessary to say whether the mayor was justified in refusing, or what the plaintifi^s remedy for the refusal was, if the refusal was unjustifiable. [Morgan v. Cincinnati, Hamilton Common Pleas, per Murdock, J.] MUNICIPAL CORPORATIONS. 57 domestic animals at public auction, on the streets, alleys, high- ways, or any public ground within the corporation. [S. & C, p. 1500, sec. 25.] 9. Auctioneering. To regulate, license, or prohibit, the auction- eering of goods, wares and merchandise, imported into the cor- poration for the purpose of being sold at auction. [S. & C, p. 1500, sec. 25.] 10. Carriages. To regulate the use of all carts, drays, wagons, hackney-coaches, omnibuses, and every description of carriages which may be kept for hire, and all livery stables. [S. & C, p. 1500, sec. 25.] 11. Running at large of cattle, etc. To regulate and restrain the running at large, within the limits of the corporation, of cattle, horses, swine, sheep, goats, geese and other animals, and to im- pound and hold the same, and, on notice to the owners, to author- ize the sale of the same, or any portion thereof, for the penalty imposed by any ordinance and the costs and expenses of the pro- ceeding.' [S. & C, p. 1500, sec. 24.] 12. Dogs. To prevent the running at large of dogs, and injuries and annoyances therefrom, and to authorize the destruction of the same when running at large contrary to the provisions of any or- dinance to that effect. [S. & C, p. 1500, sec. 24.] 13. Fast driving, etc. To prevent and punish fast driving or riding of animals, or fast driving or propelling of vehicles, through or on the public highways. [S. & C, p. 1499, sec. 20.] 14. Gunpowder, etc. To regulate the transportation and keeping of gunpowder and other combustibles and explosives, and provide or license magazines for the same. [S. & C, p. 1499, sec. 20.] 15. Transportation. To regulate the transportation of articles through the streets, and prevent injuries to the streets from over- loaded vehicles. [S. & C, p. 1499, sec. 20.] 16. Weighing, etc. To regulate the weighing and measuring of hay, wood, coal, and all other articles exposed for sale." [S. & C, p. 1499, sec. 20.] ' Under the power to pasa such by-laws or ordinances "as they shall deem necessary for the well regulation, interest, health, cleanliness, convenience, and advantage " of the town, the council can not pass a by-law to restrain the running at large of horses, cattle, etc. Nor is such by-law authorized by the power to cause all nuisances to be abated. It can only be exercised where specially granted by the charter. ]_Collins v. Hatch, 18 Ohio, 523.] 'The council may pass an ordinance requiring all weights and measures to be sealed by the city sealer, and punish the use of unsealed weights or meas- ures. \_Huddleston v. Ruffin, 6 Ohio St. 604.] °^ THE LAWS OP 17. Fire. To guard against injuries by fire. [S. & C, p. 1499, sec. 21.] 18. Gas lights, etc. To provide for the laying down of gas pipes; to lay off, establish, open, widen, straighten, extend, improve, keep in order and repair, and to light streets, alleys, public grounds and buildings, wharves, landing places, bridges and market spaces within the corporation, including any portion of any turnpike or plank road thereia, surrendered to, or condemned by the corpora- tion. [S. & C, p. 1501, sec. 26; S. & S., p. 841, sees. 141, 142, and p. 842, sec. 148.] 19. Canals, etc. To construct, open, enlarge, excavate, improve, deepen, straighten or extend, any canal, ship canal, or water course, located in whole or in part within the corporation. [S. & C, p. 1532, sec. 120; S. & S., p. 844, sec. 156, and p. 845, sec. 160.] 20 Sprinkling streets, etc. To -regulate the cleaning and sprink- ling of streets, alleys and public grounds. [S. & S., p. 903, sec. 352.] 21. Sewers, etc. To open, construct, keep in order and repair, sewers, drains and ditches. [S. & C, p. 1501, sec. 26; S. & S., p. 863, sec. 211.] 22. Privies, etc. To establish, repair and regulate, public water closets and privies. 23. Hospitals, etc. To erect, establish, regulate and repair, pest-houses and hospitals. 24. Board of health. To establish a board of health, and to invest it with such powers, and impose upon it such duties, as may be necessary to secure the inhabitants from the evils of conta- gious, malignant and infectious diseases. [S. & C, p. 1513, sec. 62.] 25. Jails, etc. To build jails, or other places of confinement, and to regulate the same. [S. & C, p. 1520, sec. 81.] 26. Markets. To erect market houses, and establish and regu- late markets. [S. & C, p. 1499, sec. 20, and p. 1548, sec. 148.] 27. Erection of Buildings. To regulate the erection of build- ings and other structures within the corporate limits. [S. & C, p. 1499, sec. 21.] 28. Cemeteries. To provide public cemeteries, and for the im- provement and protection thereof, and to regulate the burial of the dead. [S. & C, p. 1499, sec. 23.] 29. Police. To organize and maintain a police department. [S. & C, p. 1513, sec. 62.] 30. Fire department. To organize and maintain a fire depart- ment, erect necessary buildings therefor, and to purchase and hold all necessary hose, engines, carts, ladders, carriages, tools MUNICIPAL CORPORATIONS. 59 and implements therefor.', [S. & C, p. 1513, sec. 62; S. & S., pp. 824, 825, sec. 100.] 31. Supply of water. To provide for a supply of water, by the construction of wells, pumps, cisterns, aqueducts, water pipes, reservoirs and water works, and for the protection thereof; to prevent unnecessary waste of water, and the pollution thereof. [S. & C, p. 1499, sec. 22; S. & S., p. 858, sec. 194, and p. 862, sec. 209.] 32. Parks, etc. To hold and improve public grounds and parks, and to provide for the protection and preservation of the same. [S. & S., p. 888, sees. 303-305.] 33. Appropriation of private property. To appropriate private property for the uses of the corporation. [S. & C, p. 1501, sec. 26.'] 34. Real estate. To acquire, by purchase, or otherwise, and hold real estate, or any interest therein, and other property, for the uses of the corporation, and to sell or lease the same. [S. & C, p. 1498, sec. 18; p. 1529, sec. 112, and p. 1530, sec. 118; S. & S., p. 875, sec. 254, and p. 877, sec. 257.] 35. Schools. To erect and maintain buildings for public schools. [S. & C, p. 1530, sec. 118.] 36. Public halls. To erect and maintain public halls. [S. & S., pp. 824, 825, sec. 100.] 37. Libraries and reading room. To establish and maintain free public libraries and reading rooms ; to purchase books, papers, maps and manuscripts therefor ; and to receive donations and be- quests of money or property for the same in trust, or otherwise. The council may appoint such trustees or officers, and confer upon them such authority as may be necessary to render any library or reading room so established of public utility. They may also pass necessary by-laws and regulations for the protection and govern- ment of the same. [S. & S., p. 722, sec. 50.] 38. Ferries. To license and regulate ferries within the corpo- rate limits. [S. & C, p. 1515, sec. 65.] 39. Justices of the peace. To fix and determine the number of justices of the peace in the township whose limits are within or co- extensive with any city or incorporated village. 1 The powers given in both this and the prebeding section are in their nature legislative and governmental, and the city, in respect to these matters, exer- cises a delegated quasi sovereignty, which excludes responsibility to individuals for the neglect or nonfeasance of an officer or agent charged with the per- formance of duties. [Western College Y. Cleveland, 12 Ohio St. 375; Wheeler V. Cincinnati, 19 Ohio St. 19.] 60 THE LAWS OF 40. Intelligence offices. To regulate and prohibit intelligence and employment offices. 41. Erection of buildings. To prevent the erection and mainte- nance of insecure buildings. CHiiPTEE XVI. VAGRANTS, CRIMINALS, AND SUSPICIOUS CHARACTERS. Section Section 200. Public peace and morals. 202. Imprisonment therefor. 201. Punishment for breaches of the peace, > 203. Regulation of labor. etc. 204. Hospitals, etc. Sec. 200. Public peace and morals. The council of any city or incorporated village shall have power to provide for the punish- ment of persons disturbing the good order and quiet of the vil- lage, by clamor and noise in the night season, by intoxication, drunkenness, fighting, using obscene or profane language in the streets and other public places, to the annoyance of its citizens, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior ; and they shall have power, in like manner, to provide for the punishment of vagrants, common street beggars, common prostitutes, habitual disturbers of the peace, known pickpockets, gamblers, burglars and thieves, watch stuffers, ball-game players, persons who practice any trick. game or device with intent to swindle, persons who abuse their families, and suspicious persons who can not give reasonable ac- count of themselves. [S. & C, p. 1554, sec. 201 ; S. & S., p. 806, sec. 30 ; p. 824, sec. 98, and p. 826, sec. 102.] Sec 201. Punishment for breaches of the peace, etc. Such pun- ishment may be either by imposing and collecting fines, or by imprisonment in the proper jail at hard labor, or both, at the dis- cretion of the court ; but no such person shall be fined for a single offense to exceed fifty dollars, and such imprisonment and hard labor shall, for the first offense, not exceed thirty days, for the second offense, ninety days, for the third offense, six months, and for the fourth or any further repetition of the offense, one year. [S. & S., p. 806, sec. 30.] Sec. 202. Imprisonment therefor. The council shall have power to provide that all such persons who shall refuse or neglect to pay the fine imposed on conviction of any such offense, and the costs MUNICIPAL CORPORATIONS. 61 of prosecution, shall be imprisoned and kept at hard labor, until, at the rate of seventy-five cents for each day's labor, exclusive of Sundays, they shall have earned an amount equal to such fine and costs. [S. & C, p. 1555, sec. 201 ; S. & S., p. 806, sec. 30.] 1 Sec. 203. [As amended, April 18, 1870, 67 L. 72.] Begulation of labor. The council shall have power to make suitable regula- tions to conduct such labor to the best advantage, and in a manner consistent with the age, sex and health of the prisoners ; and such labor may be done at the corporation prison, work house, or else- where, and under the charge of such ofiiccrs or other persons as the council may select. [S. & C, p. 1555, sec. 201 ; S. &' S., p. 806, sec. 30.] Seo. 204. Hospitals, etc. The council may provide suitable hospitals for the reception and care of such prisoners as may be diseased or disabled, the same to be under such regulations and under the charge of such person as the council may direct. [S. & C, p. 1555, sec. 201 ; S. & S., p. 806, sec. 30.] CHAPTER XVII. POLICE. Section Section 205. Appointment of police, etc. 211. Suspension of policemen for cauae. 206. Equal number in the several wards. 212. Special policemen. 207. Policemen's bonds. 213. Compensation of policemen. 208. Officers of police. 214, Exemption of certain cities f^om pro- 209. Organization of police. Tisions of this act concerning police. 210. Duties and powers of policemen. Sec. 205. Appointment of police, etc. The council of cities and incorporated villages shall have power to provide by ordinance for the appointment by the mayor, by and with the consent of the council, of such number of police and night watchmen'' as they may think necessary for the good government of the corporation, who shall hold their ofiice for one year unless sooner removed. [S. & C, p. 1517, sec. 71 ; S. & S., p. 793, sec. 5.] Sec 206. Equal number in the several wards. In corporations 'The original section differed only in containing, after the worda " prison, work house, or elsewhere," the words "if within a suitable inclosure." 2 A municipal corporation is not liable for the negligence of the police. [Western Medical College v. Cleveland, 12 Ohio St. 375.] 62 THE LAWS or divided into wards, an equal number of police and night watch- men Bhall be provided for the several wards. [S. & C, p. 1517, sec. 71] Sec. 207. Policemen's bonds. The night watchmen and police shall, before entering upon their duties, give bond with good and Buflacient surety to the satisfaction of the mayor, for the faithful performance of their duties. [S. & C, p. 1517, sec. 71.] Sec. 208. Officers of police, etc. The council shall also have power to provide by ordinance for the appointment of subordinate officers of the police and night watchmen, and to prescribe the number of such officers. Thej' may also provide, in addition to the regular watch, for the appointment of a reserved watch, to consist of a suitable number of persons in each ward, when the cor- poration is divided into wards, to be called intoduty in whole or in part, in such manner and on such occasions as the council may prescribe, and by the mayor, or the officers of the police under his direction, and in special cases, or in cases of emergency. [S. & C, p. 1518, sec. 74.] Sec. 209. Organization of police. The police and night watch- men shall be organized by the council under the general superin- tendence of the mayor, marshal, chief of police, or other officers of the police, and the council shall prescribe their duties, and define their powers, in such manner as will most effectually pre- serve the peace of the corporation, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations. [S. & C, p. 1513, sec. 62.] Sec. 210. Duties and powers of policemen. It shall be the duty of the police and night watchmen and the officers thereof, under the direction of'the mayor, and in conformity with the ordinances of the corporation, to suppress all riots, disturbances and breaches of the peace; to pursue and arrest any person fleeing from justice, in any part of the state;' to apprehend any and all persons in the act of committing any offense against the laws of the state, or the ordinances of the corporation, and forthwith bring such person or persons before the police court, or other competent authority, for examination; and at all times diligently and faithfully to enforce 'As a general rule, the detection, arrest, and conviction of a felon or the discovery and seizure or return of stolen property, is a good consideration to sustain a promise made on such condition. But a public officer stands in a different situation. A reward offered for the apprehension of a thief and money, can not be claimed by a constable wha arrests the thief by virtue of a "warrant delivered to him for that purpose. [Oilmore v. Lewis, 12 Ohio, 281.] See also Rea v. Smith, 2 Handy, 193, where numerous cases are cited. 'municipal corporations. 63 all such laws, ordinances and regulations, for the preservation of good order and the public welfare, as the council may ordain, and for such purpose they shall have all the power of constables; they may, upon view, arrest any person or persons who may be guilty of a breach of the ordinances of the corporation, or of any crime against the laws of the state; and may, upon reasonable informa- tion, supported by affidavit, procure process for the arrest of any person or persons who may be charged with a breach of any of the ordinances of the corporation. [S. & C, p. 1518, sec. 74] Sec. 211. Suspension of policemen for cause. The mayor shall have power to suspend anj' policeman or night watchman for neglect of duty, misconduct, or other sufficient cause, and may appoint other persons to fill the temporary vacancy caused thereby; and such action shall thereafter be taken as is provided in section one hundred and twenty-one. [S. & C, p. 1517, sec. 71 ; S. & S., p. 793, sec. 5.] Sec. 212. Special policemen. The mayor, in cities of the first class, may appoint such persons, not exceeding eight in number, with the pay and powers of police in such city, as may be neces- sary to attend the sittings and execute the orders of the police court, and perform, duty at the city prison. [S. & S., p. 807, sec. 31.] Sec. 213. Compensation of policemen. The council shall fix the compensation or fees the policemen and night watchmen, and the officers thereof shall receive for their services, and they shall not demand or receive any other fee, perquisite, or reward. [S. & C, p. 1557, sec. 204; S. & S., p. 793, sec. 5.] Sec. 214. 'Exemption of certain cities from provisions of this act concerning police. The provisions of this act, in respect to police and night watchmen, shall not apply to cities governed by the following acts : An act entitled "an act authorizing the appointment of metro- politan police commissioners in cities of the first class, with a pop- ulation of less than one hundred thousand inhabitants at the last federal census," passed April 5, 1866. Also, an act entitled "an act to amend 'an act authorizing the appointment of metropolitan police commissioners in cities of the first class, with a population less than one hundred thousand inhabitants at the last federal census,' passed April 5, 1866," passed April 2, 1868. Also, an act entitled "an act to provide for the organization, regulation, and more efficient government of the police in cities 64 THE LAWS OF of the first class, which have been advanced to that grade be- tween decennial periods," passed May 6, 1868. [S. & S., p. 816, sees. 66-85; p. 811, sees. 50-65; p. 807, sees. 32-35; p. 808. sees. 36-49.] CHAPTER XVIII. CORPORATION PRISON. Section Seotiok 216. Prisons, station houses, etc. 218. Cnstody of prisoners where there is no 216. Sustenance, etc., for prisoners. work house. 217. Provision therefor by council. Sec. 215. Prisons, station houses, etc. The council of any city or incorporated village shall have power to erect, establish, and maintain a prison and one or more watch or station houses, as shall be necessary; and such prison, watch or station houses shall be under the control of the marshal, or chief of police, under such rules and regulations as the council may prescribe. [S. & C, p. 1520, sec. 81, and p. 1557, sec. 205 ; S. & S., p. 823, sec. 96 ; p. 824, sec. 99, and p. 825, sec. 100.] Sec. 216. Sustenance, etc., for prisoners. It shall be the duty of the marshal or chief of police to provide all persons confined in such prison, watch or station houses, with necessary food during such confinement, and to see that such places of confinement are kept clean and made comfortable for the inmates thereof [S. & C, p. 1520, sec. 81, and p. 1557, sec. 205 ; S. & S., p. 823, sec. 96 ; p. 824, sec. 99, and p. 825, sec. 100.] Sec. 217. Provision therefor by council. The council shall pro- vide, by ordinance, for sustaining all persons sentenced to or con- fined in such prison, at the expense of the corporation ; and on the presentation of bills for food, sustenance and necessary supplies, to the proper oflScer, certified to by such person or persons as the council may designate, not exceeding forty cents a day, such officer shall audit the same, under such rules and regulations as the council may prescribe, and draw his order on the treasurer of the corporation in favor of the officer presenting such bill. [S. & C, p. 1520, sec. 81, and p. 1557, sec. 205 ; S. & S., p. 823, sec. 96 ; p. 824, sec. 99, and p. 825, sec. 100.] Sec. 218. Custody of prisoners where there is no work house. In corporations in which there is no work house, the council may, by MUNICIPAL CORPORATIONS. 65 ordinance provide for the keeping of persons convicted and sen- tenced to hard labor during the term of their imprisonment, at such place or places within the corporation as the council may determine. [S. & S., p. 823, sec. 96.]' CHAPTER XIX. HOUSES OF REFUGE AND CORRECTION. Section 219. Houses of refuge and correction. 220. Directors of houses of refuge and correc- tion. 221. Their appointment, terms of office, etc. 222. Election of president, clerk, etc. 223. Kecord of proceedings, etc. 224. Powers in erection of buildings, etc. 225. Male and female apartments to be sep- arate. 226. Separate buildings for males and females. 227. Appointment of superintendent and sub- ordinate oflBcers. 228. Kules and regulations. 229. Rules, etc., to be approved by council. 230. How books shall be kept. 231. Quarterly statement to be made to coun- cil. 232. Accounts to be balanced and reported annually. 233. Superintendent to have control, etc. 234. His responsibility. 235. Deputy superintendent. 236. Notice of completion of building to be published. 237. Removal of oflBcers for cause. 238. When infants may be received, etc. 239. Custody and confinement of infants. 240. When they may be put to labor. 241. Disposition of infants until of age. 242. Commitment to refuge on recommenda- tion of grand jury. 243. Commitment to refuge by court in cer- tain cases. 244. Infants entitled to private examination and trial. 245. Infants to be placed in refuge instead of jail. Section 246. Disposition of infants when refuge is full. 247. Statement of age, residence, cause, etc., must be furnished. 248. What record of commitment shall con- tain. 249. Term of commitment, etc. 250. Employment of infants in refuge, 251. Board may bind them as apprentices. 252. Committee of indentures, etc. 253. When indenture to be canceled. 254. When indentured infant may be re- claimed. 255. Arrest, etc., of fugitives from refuge or apprenticeship. 256. Disposition of stubborn and irreclaim* able infants. 257. Duty of sheriff to notify prosecuting at- torney, etc. "' 25S. Final disposition of such stubborn in- fant , 259. How expenses shall be paid. 200. How excess of expenses shall be raised,. 261. What return to writ of habeas corpus shall contain. 262. Circumstances of commitment, how £ar examinable. 263. Application of aggrieved party for re- view of commitment. 264. When infant shall be delivered to ap- plicant. 265. Applicant may bring action in conrt. 266. Costs of such action. 267. When real estate may be sold> 268. Deed, and proceeds of sale. 269. Action against directors, how broaght, 270. This act not to affect refuges heretofoj^ established. Sec 219. Souses of refuge and correction. The council of any city or incorporated village shall have power to establish, erect and maintain houses of refuge and correction. 66 THE LAWS OP Seo. 220. Directors of houses of refuge and correction. The man- agement of houses of refuge and correction, established or which may hereafter be established, and the management and care of the inmates thereof, the erection and enlargement of any building as a house of refuge and correction, or any addition or additions thereto, repairs and furnishing thereof, erection of any work shops and furnishing the same with the necessary machinery and tools, and the cultivation and improvement of any grounds therewith connected, shall be vested in a board of five directors, to be called the " Board of Directors of the House of Eefuge and Correction." [S. & C, p. 688, sees. 1, 2.] Sec. 221. Their appointment, term of office, etc. The said direct- ors shall be freehold electors of the corporation ; they shall be ap- pointed by the mayor^ with the consent of the council ; and shall hold their office for the term of five years, except that at the first appointment one of the said directors shall be chosen to serve for one year, one for two years, one for three years, one for four years, and one for five years ; and annually thereafter one director shall be appointed; and a majority of the directors shall constitute a quorum. They shall not receive any compensation for their services. [S. & C, p. 688, sees. 1, 2 ; S. & S., p. 869, sec. 236.] »Sec. 222. [As amended, April 18, 1870, 67 L. 75.] Officers of houses of refuge. Said board shall elect, annually at the first regu- lar meeting in May, one of their members as president ; and, at the same meeting, it shall appoint a secretary, and clerk, and such other officers as may be necessary, and fix the compensation for their services ; such compensation to he subject to the approval of the council. [S. & C, p. 688, sec. 3.] Sec. 223. Becord of proceedings, etc. The said board shall keep a complete record of all its proceedings ; and it shall be necessary to the validity of every contract It may authorize to be made, that the same has been assented to at a regular meeting, by a majority of all the members, and a minute thereof entered on the journal of its proceedings. Sec. 224. Powers in erection of buildings, etc. In the erection of any building as a house of refuge and correction, or of any addition or additions thereto, or any enlargement thereof, and in the repair and furnishing the same, and in the erection of any shops and providing the same with machinery and tools, the said board shall have the same powers, be governed by the same regu- lations and perform the same duties, so far as ajiplicable, as are ' This seotion differs from the one originally passed only in the insertion of the words in italics. MUNICIPAL COEPOKATIONS. 67 prescribed for the government of trustees of hospitals in chapter twenty -one ; and the power of the council in relation to the erec- tion and repair of said buildings, and the conduct of the board, shall be the same, so far as applicable, as prescribed in said chap- ter, in relation to the erection and repair of buildings for hospital purposes. Sec. 225. Male and female apartments to be separate. In the erection of any such buildings, and in any addition or additions thereto, or any enlargement thereof, the said board shall have power to so construct the same that the male and female inmates shall be provided with separate departments and accommodations; and that the grounds therewith connected shall be so separated, by partition walla or fences, that the males and females may be enabled to occupy separate portions thereof. [S. & C, p. 688, sec. 1.] Sec. 226. Separate buildings for males and females. "Whenever, in the opinion of the board, it shall be deemed advisable to pro- vide separate buildings for the accommodation of males and females, such buildings shall be erected at least one-fourth of a mile apart, and th6 grounds around each shall be inclosed by suit- able walls or fences. [S. & C, p. 688, sec. 1.] Sec. 227. Appointment of superintendent and subordinate officers. The said board shall have power to appoint a superintendent, deputy superintendent, and such other subordinate officers, guards and employes as may be necessary, and fix their compensation and prescribe their duties, and to make all such regulations for their management and government as they shall deem expedient. [S. & S., p. 870, sec. 2i0, and p. 869, sec. 237.] Sec. 228. Bules and regulations. The said board shall have power to make, establish and enforce rules and regulations for its own government, and the government and control of such institu- tion, its oflScers and inmates, and make contracts for supplies and the labor of its inmates. [S. & S., p. 869, sec. 237.] *Sec. 229. [As amended, April 18, 1870, 67 L. 75.] Appropria- tions, etc., to be approved by council. Ko appropriation of money for any purpose other than the ordinary and necessary expenses and repairs of the institution, and no by-law, rule or regulation said board may establish, shall be of any validity until approved by the council. [S. & S., p. 870, sec. 237.] * Seo. 229. [Ab originally passed.] Biilee, etc., to Ije approved by council. No resolution or act of mid hoard making any appointment or fixing the compenmlitm of appointee, and no appropriation of money for any purpose, other than the ordinary and necessary expenses and repairs of the insti- tution, and no by-law, rule, or regulation U may establish, shall be of any validity until ap- proved by the council. 68 THE LAWS OP Sec. 230. How hooks shall he kept. The books of said institu- tion shall be so kept as to clearly exhibit the true state and con- dition of the inmates, the number received and discharged, and for what cause committed, the number employed as servants or in cultivating the premises, the number employed in each branch of industry carried on, and the receipts from, and expenditures for and on account of each department of business, or for the im- provement of the premises. [S. & S., p. 870, sec. 238.] Sec. 231. Quarterly statement to he made to council. Said board shall cause a quarterly statement to be made out, specifying mi- nutely all receipts and expenditures, from whom and for what purpose received, and to whom and for what purpose paid, with proper vouchers for each item, and shall submit such statement, properly certified, to the council for examination and approval. [S. & S., p. 870, sec. 238.] Sec. 232. Accounts to he balanced and reported annually. The accounts of said institution shall be annually closed and balanced on the first Monday of January in each year, and full reports of the preceding year shall then be made and submitted to the coun- cil, and shall be published in the ofBcial paper of the corporation, or in such other form as said council may direct; and the council may require such other and further reports and exhibits of the condition and management of such institution as to them shall seem necessary and proper. [S. & S., p. 870, sec. 238.] Sec. 233. Superintendent to have control, etc. The superintend- ent of said institution shall have the entire control and manage- ment of its affairs, subject to the laws and ordinances of the corporation, and the rules and regulations adopted by the board for its government ; and it shall be his duty to obey and carry out all written orders and instructions of the board not inconsistent with the laws, rules and regulations relating to the government of said institution. [S. & S., p. 870, sec. 240.] Sec^ 234. Sis responsihility, etc. He shall be responsible for the manner in which said institution is managed and conducted, shall reside at the same, devote his time and attention to the proper business thereof, and shall visit and examine into the condition of every department thereof, and of each person confined therein, daily, or as often as good order or necessity may require, and he shall exercise a general supervision and direction in regard to all matters of discipline, police regulation and business of said institu- tion. [S. & S., p. 870, sec. 240.] Sec. 235. Deputy superintendent. In the absence or inability of the superintendent, the deputy superintendent of said institution MUNICIPAL CORPORATIONS. 69 shall, 80 far aa relates to the discipline thereof, perform the duties of the superiDtendent. [S. & S., p. 870, sec. 240.] Sec. 236. Notice of completion of building to he published. When any house of refuge and correction has been erected, as is pro- vided herein, and is so far complete as to insure the safe confine- ment and employment of the persons intended to be confined therein, the said board shall cause notice of that fact to be pub- lished in some newspaper of general circulation in the corporation and county. [S. & S., p. 871, sec. 241.] Sec. 237. Removal of officers for cause. The board may, for misconduct or willful neglect of duty, and upon sufiicient proof thereof, remove any officer or employe of said institution, except the superintendent thereof, who shall be removable for the causes and in the manner provided for the removal of city officers, and any employe of the superintendent may be discharged at his dis- cretion. [S. & S., p. 870, sec. 239.] Sec. 238. When, infants may be received into refuge. The board may, at their discretion, receive into such institution infants under the age of sixteen years, committed to their custody in either of the following modes, to wit: 1. Infants committed by any justice of the peace within the county, by the mayor of the corporation, the judge of the police or other municipal court, any judge of the court of common pleas of the county, the probate judge of the county, and in those coun- ties in which there may be a superior court, by any judge of such superior court, on the complaint and due proof thereof by the parent, guardian, or next friend of such infant, that, by reason of incorrigible or vicious conduct, such infant has rendered his or her control beyond the power of such parent, guardian, or next friend, and made it manifestly requisite that, from regard to the future welfare of such infant, and for the protection of society, he or she should be placed under the guardianship of the board of directors of such house of refuge and correction. 2. Infants committed by the authorities aforesaid, where com- plaint and due proof have been made that such infant is a proper subject for the guardianship of the directors of such institution, in consequence of vagrancy, or of incorrigible or vicious conduct, and that from the moral depravity, or otherwise, of the parent or guardian, or next friend, in whose custody such infant may be, such parent, guardian, or next friend is incapable or unwilling to exercise the proper care and discipline over such incorrigible or vicious infant. 3. Infants who are destitute of a suitable home and of adequate 70 THE LAWS OP means of obtaining an honest living, or who are in danger of being brought up to lead an idle and immoral life, may be committed to the guardianship of the directors of such institution, by the trus- tees of any township within the county in which such institution may be situated, or by the mother, when the father is dead, or has abandoned his family, or does not provide for their support, or who is an habitual drunkard. [S. & C, p. 689, sec. G.] * Sec. 239. [As amended, April! 8, 1870, 67 L. 75.] Custody and confinement of infants or minors. Any infant under the age of six- teen years, who shall be convicted of any offense made punish- able by imprisonment under any ordinance of the city or any law of the state, not punishable by imprisonment in the penitentiary, or who shall be ordered to be committed in the manner prescribed by sec- tion two hundred and thirty-eight of this act, may be confined in such house of refuge and correction, under such rules and regula- tions as the directors may prescribe ; and it shall be lawful for the directors of such institution to receive and take charge of any children who may be committed to their custody by the court of common pleas, or any judge, justice of the peace, or other officer, under any law of the state. [S. & C, p. 1519, sec. 77.] Sec. 240. When infants may be put to hard labor. Any infant over the age of sixteen years, convicted of a violation of any ordinance, and liable to be punished therefor by imprisonment, or who may be liable to imprisonment for neglect or refusal to pay a fine imposed for the violation of any ordinance, may, in lieu thereof, be committed to the house of refuge and correction, and put to hard labor, in such manner as may be prescribed by ordi- nance of the council. [S. & C, p. 1519, sec. 77.] Sec. 241. Disposition of infants until of age. Any infant under the age of sixteen years, who shall be liable to confinement in the jail in any county in which a house of refuge and correction may be situated, or in the penitentiary of the state from any such county, may, at the discretion of the court, or magistrate giving sentence, be placed in such institution until of legal age, under the exclusive control and guardianship of the directors of such insti- tution. [S. & C, p. 689, sec. 7.] Sec. 242. Commitment to refuge on recommendation of grand jury. * Sec. 239. [As originally paBsed.] Custody ai}d confinemmt of infants. Any infant under the age of sixteen yearB, who ahaU be convicted of any olfenge made punishable by imprisonment, under any ordinance of the city, or who sltall he liable to he commitled to prison wider any mch ordi^ nance, may be confined in such house of refuge and correction, under such rules and regulations as the directors may prescribe ; and it shall be lawful for the directors of such institution to re- ceive and take charge of any children who may be committed to their custody by the court of common pleas, or any judge, justice of the peace, or other officer, under any law of the state. M0NICIPAL CORPOEATIONS. 71 If any accusation of the commission of any crime shall be made against any infant under the age of sixteen years, before the grand jury of the county in which such house of refuge and cor- rection may be situated, and the charge appears to be supported by evidence sufficient to put the accused upon a trial, the grand jurors may, in their discretion, instead of finding an indictment against the accused, return to the court that it appears to them that the accused is a suitable person to be committed to the guardianship of the directors of the house of refuge and correc- tion, and the court shall thereupon order such commitment.' [S. & C, p. 690, sec. 8.] Sec. 243. Commitment to refuge by court in certain cases. If any infant under the age of sixteen years shall be arraigned for trial in any court having criminal jurisdiction in any county in which a house of refuge and correction may be situated, on a charge of any violation of any criminal law in this state, or ordinance of the corporation, the judge may, with the consent of the accused, ar- rest, at any stage of the cause, any further proceedings upon the part of the prosecution, and commit the accused to the guardian- ship of the directors of such institution. [S. & C, p. 690, sec. 9.] Sec. 244. Infants entitled to private examination and trial. All infants under the age of sixteen years, who may be accused of any offense punishable by imprisonment, in any county in which a house of refuge and correction may be situated, shall be entitled to a private examination and trial, to which only the parties shall be admitted, unless one of the parents, the guardian or other legal representative, demand a public trial, in which case all proceedings shall be in the usual form. [S & 0., p. 690, sec. 10.] Sec. 245. Infants to be placed in refuge instead of jail. Any infant under the age of sixteen years, who may be committed, in any county in which a house of refuge and correction may be situ- ated, for trial, or as a witness, shall be placed in such institution, subject to the order of the court making such commitment, and in no case in the county jail. [S. & C, p. 690, sec. 11.] Sec. 246. Disposition of infants when refuge is full, etc. If, at any time, any house of refuge and correction shall have as many infants under its charge as can be conveniently accommodated therein, or as many as the funds of such institution are adequate 'Section 8 of the act of April 16, 1857, to anthorize the establishment of houses of refuge (S. & C, 690), from which this is a copy, was held constitu- tional. It does not deprive the party of his liberty without due process of law, nor infringe on the right of trial by jury. IPrescoU v. The State, 19 Ohio St. 184.] 72 THE LAWS OF to maintain, the board shall not be required to receive other infants, but shall order their chief officer to return that fact to any magis- trate, court or person authorized to commit, who shall have sent an infant to such institution; and thereupon the case of such in- fent shall be disposed of as if this chapter had not been enacted, and as if no proceedings had taken place under it. [S. & C, p. 690, sec. 12.] Sec. 247. Statement of age, residence, cause, etc., must he furnished. Jn all cases where an infant is committed to the instruction and discipline of a house of refuge and correction under the guardian- ship of the directors thereof, the person ordering such commit- ment shall, at the same time, furnish to the directors or officers of such institution a true statement, in writing, of the age of such infant, and the reason for such commitment; and until such state- ment is furnished, the directors or officers aforesaid may decline receiving such infant. [S. & C, p. 690, sec. 13.] Sec. 248. What record of commitment shall contain. In all cases where the commitment is ordered by any official person whose pro- ceedings are usually evidenced by a record, or where the occasion of the commitment is a criminal charge against the infant, no other record shall be made, unless demanded by the infant, or his parents, or guardian, than that, in substance, such infant (naming him), who, on a day therein named, was of the age of — years, having been brought before such court or officer, and the court or officer having ascertained by the testimony of the witnesses therein . named that such infant was a suitable person to be committed to the discipline and instruction of the house of refuge and correction under the guardianship of the directors thereof, such infant was so committed, and delivered to the charge of such directors. [S. & C, p. 690, sec. 14.] Sec. 249. Term of commitment, etc. Ko commitment of an in- fant to a house of refuge and correction shall be for a shorter period than till such infant shall be reformed or attain the age of majority, except in case of infants committed to await their trial, or as witnesses, and except in such case as the board may, by their general rules, provide ; but any infant, by whomsoever committed,, or for whatever cause committed, may at any time be discharged upon the order of the board, duly entered upon their minutes. [S. & C, p. 691, sec. 15.] Seo. 250. Employment of infants in refuge. The board shall have power to place infants committed to their care, during their minority, at such employment, for account of the institution or otherwise, and cause them to be instructed in such branches of MUNICIPAL CORPORATIONS. 73 useful knowledge, as may be suited to their years and capacities. [S. & C, p. 691, see. 15.] Sec. 251. Board may hind them as apprentices, etc. Said board shall have power, at discretion, to bind out the said infants com- mitted to their care, with thfeir consent, as apprentices during their minority, to such persons and at such places, to learn such proper trades and employments, as in their judgment will be most conducive to their reformation and amendment, and as will tend to the future benefit and advantage of such infants. [S. & 0., p. 691, sec. 15.] Seo. 252. Committee of indentures. The said board shall, for such purpose, have power to appoint a committee of one or more of their number, with power to execute and deliver, on behalf of the board, indentures of apprenticeship for any infant in such in- stitution whom they may deem a proper person for an apprentice- ship; and such indentures shall have the like force and effect as other indentures of apprenticeship under the laws of Ohio, and the indentures shall be filed and kept in the office of such institu- tion, and it shall not be necessary to file or record them in any other place or office. [S. & 0., p. 691, sec. 15, and p. 1519, sec. 78.] Sec. 253. When indenture to be canceled. In case any infant so apprenticed shall prove untrustwoi-thy and unreformed, the board may, at their discretion, permit such infant to be returned to such house of refuge and correction, to be held in the same manner as before said apprenticeship, and may, thereupon, order the inden- tures for such infant to be canceled. [S. & 0., p. 691, sec. 16, and p. 1520, sec. 80.] Sec. 254. When indentured infant may he reclaimed. If, in the opinion of the board, any infant apprenticed out by them shall have an unsuitable home, or if the person to whom said infant is indentured shall become unfit or incapable to properly raise or take care of such infant, the directors may, at their discretion, return such infant to the institution from which it was indentured. [S. & C, p. 691, sec. 16.] Sec. 255. Arrest, etc., of fugitives from refuge or apprenticeship. Any fugitive from a house of refuge and correction, or a fugitive from apprenticeship under indentures executed as above provided, maybe arrested and returned to such institution by a sheriff or constable of any county in this state, or police ofiicer of the corpo- ration, or officer of such institution, on the written order of any two directors of such institution, directed to such officer or officers, and may be delivered to the custody of such officer of a house of 74 THE LAWS OP refuge and correction, as the directors may name. [S. & C, p. 691, sec. 17.] Sec. 256. Disposition of stubborn and irreclaimable infants. When any infant shall be convicted of any offense against the laws of this state, punishable with imprisonment in the penitentiary, or in the jail of the county where such house of refuge and correction may be situate, and shall, under existing laws, be sent to the house of refuge and correction instead of the penitentiary or jail, and shall refuse to submit to the rules of said institution, and prove to be stubborn and irreclaimable in the opinion of a majority of said board, such infant may, by their order, be delivered into the custody of the sheriff of said county, with a written statement of the cause of commitment, and of the conduct and character of such infant, as exhibited in said institution, which statement shall be prepared and signed by the superintendent of the institution. [S. & C, p. 1519, sec. 79.] Sec. 257. Duty of sheriff to notify prosecuting attorney. It shall be the duty of the sheriff to receive such infant into his custody, and file said statement in the office of the clerk of the court of common pleas, or in the office of the clerk of the court in which such infant shall have been tried, and to notify the prosecuting attorney of the county thereof. [S. & C, p. 1519, sec. 79.] Sec. 258. I^inal disposition of such stubborn infant. Thereupon, the prosecuting attorney shall cause such infant to be brought be- fore the court of common pleas, or before the court in which such infant may have been tried, to receive the sentence which the court shall deem just, according to the law, for the offense of which such infant shall have been convicted, as aforesaid. [S. & C, p. 1519, sec. 79.] Sec. 259. How expenses shall be paid. The expenses of maintain- ing infants committed to any house of refuge and correction, by a court or magistrate of the county in which such institution may be situated, or by the police or other court of the corporation, for offenses against any law of the state, or for trial, or as a witness, shall be paid by the county; the expenses of infants committed by township trustees shall be paid by the township, and of those committed by parents and guardians, shall be paid by them, unless in cases where the board shall otherwise determine, all of which expenses shall be ascertained and fixed by the board. [S. & C, p. 691, sec. 18.] Sec. 260. How excess of expenses shall be raised. The expense of maintaining and administering the affairs of houses of refuge and correction, over and above the receipts thereof, shall be audited MUNICIPAL OORPOKATIONS. 75 and paid, from time to time, by the council of the corporation, and a tax for said expenses shall be levied and collected as a part of the ordinary expenses of the corporation. [S. & S., p. 871, sec. 244.] Sec. 261. What return to writ of habeas corpus shall contain. It shall be a sufficient return to any writ of habeas corpus, directed to any pei'son or officer inquiring into the cause of the detention of any infant committed to a house of refuge and correction, that the infant named in the writ was, on a day therein named, com- mitted to the guardianship of the directors of the house of refuge and correction in the city or incorporated village of (as the case may be), by the person or officer who executed the commit- ment, naming him, until such infant should arrive at legal age, and that that period has not arrived. [S. & 0., p. 692, sec. 19.] Sec. 262. Circumstances of commitment, how far examinable. Where a commitment has, in fact, been executed by a person authorized by this chapter to execute it, the existence of the cir- cumstances justifying its execution, shall not be otherwise exam- inable than in an action against the directors of such institution, as provided in this chapter. [S. & C, p. 692, sec. 19.] Sec. 263. Application of aggrieved party for review of commitment. If any parent, guardian, master to whom an infant has been ap- prenticed, any person occupying the position of parent, protector or guardian in fact, or any relative by blood or marriage, not fur- ther remote than first cousin to such infant, shall feel aggrieved by the commitment of any infant to the directors of a house of refuge and correction, by any person authorized by this act to commit such infant, he shall make a written application to the board at such time as the directors may, by rule or resolution, provide for hearing applications, not later than the next regular meeting of the board, to have the infant delivered to him, which application shall state the ground of the applicant's claim to the custody of such infant, and the reasons for claiming such custody. [S. & C, p. 692, sec. 20.] Sec. 264. When infant shall be delivered to applicant. Within ten days after hearing such application, the directors shall decide; and if they shall be of opinion that the welfare of such infant will be promoted by granting the application, they shall make an order to that effect, otherwise they shall decline the application. [S. & C, p. 692, sec. 20.] Sec. 265, Applicant may bring action in court, etc. The appli- cant may, if the application be declined, upon first giving security for the payment of all costs, commence an action in the court of common pleas of the county, or, in counties in which there may be 76 THE LAWS OP a superior court, in the superior court, for the recovery of the infant, against the directors of the house of refuge and correction ; which action shall be conducted in all respects as actions under the code of civil procedure. [S. & C, p. 692, sec. 20.] Sec. 266. Costs of such action. The costs of such action shall be paid by the applicant, unless the court shall certify, in the jour- nal entry of the judgment, that the refusal of the directors to grant the application of the plaintiil was plainly unreasonable, or the original commitment manifestly improper and unnecessary. [S. & C, p. 692, sec. 20.] Sec. 267. When real estate may he sold, etc. The directors of any house of refuge and correction, shall have power to negotiate for the sale of any real estate owned or held by donation or pur- chase, or either, for the use and benefit of such house of refuge and correction, when such real estate shall not be necessary for the accommodation of the inmates of such institution ; and upon the completion of such negotiations and their approval by the council, the directors shall present to the council the terms and conditions of the sale agreed upon. [8. & C, p. 692, sec. 21.] Sec. 268. Deed and proceeds of sale. The council shall, there- upon, order the execution of a deed or deeds, for such real estate, to the parties named by the directors in conformity to the terms agreed upon ; and the proceeds of such sale or sales shall be placed in the corporation treasury to the credit of the house of refuge and correction fund, and be held and disbursed as other funds are held and disbursed for such institution. [S. & C, p. 692, sec. 21.] Sec. 269. Action against directors, how brought. Actions may be brought by and against the directors of the house of refuge and correction, before any court of competent jurisdiction ; and pro- cess may be served by leaving a copy of the writ with any direc- tor, or at the office of such institution, with any officer thereof. [S. & 0., p. 692, sec. 22.] Sec. 270. This act not to affect refuges heretofore established. Any house of refuge and correction heretofore established and gov- erned under the provisions of an act entitled " an act to authorize the establishment of houses of refuge," passed April 16, 1857, shall continue to be governed, in all respects under said act, as though this act had not been passed. [S. & C, p. 687.] MUNICIPAL CORPORATIONS. 77 CHAPTEE XX. WORK HOUSES. Section Section 271. Establishment and government of work 277. Prompt commitment, and fees. houses. 278, Discharge, and record thereof. 272. Direction and management thereof. 279. Punishment for escape, or attempt to 273. Appointment and term of office of direct- escape. ors. 280. Excess of expenses, bow raised. 274. Powers and duties of the board. 281. Officers to have police powers. 275. Commitment of violators of law. 282. Infants received, where there is no house 270. Confinement and labor. of refuge. ^Sec. 271. [As amended, April 18, 1870, 67 L. 75. An amend- ment in identically the same words was passed on April 2, 1870, 67 L. 32.] I Establishment and government of loork houses. The council of any city or incorporated village shall have power to establish, erect and maintain a work house, and such work house, and any work house heretofore established, shall be governed by the provisions of this chapter; provided, that any city which has erected or may have in process of erection a " house of correction," as provided by an act of the general assembly of the state of Ohio, passed April 13, 1867, may organise and govern the same under the provisions of this chapter or chapter nineteen as the city council may determine. [S. & C, p. 1519, sec. 77; S. & S., p. 867, sec. 226, and p. 868, sec. 230.] Sec. 272. Direction and management thereof. The direction, management and control of any work house, and the maintenance and care of the convicts therein, shall be vested in a board of five directors, who shall be called " The Board of Work-house Direc- tors;" and said directors shall be freehold electors of the cor- poration, and serve without compensation. [S. & S., p. 868, sec. -231.] Sec. 273. Appointment and term of office of directors. Said direc- tors shall be appointed by the mayor, with the consent of the council, and shall hold their oflSce for five years, except at the first appointment one shall be appointed to serve for one year, one for two years, one for three years, one for four years, and one for five years, and thereafter one shall be appointed annually. [S. & S., p. 868, sec. 231.] Sec. 274. Powers and duties of the board. The said board shall 1 This section differs from the section as originally passed only in the addi- tion of the words in italics. 78 THE LAWS OF have the same powers, perform the same duties, and be governed by the same regulations, so far as applicable, in the maintaining, erecting or enlarging any buildings for work-house purposes, or of any adidition or additions thereto, or of the shops and grounds therewith connected, and of the management of the affairs thereof and care of the convicts therein, as are conferred upon and re- quired of the board of directors of houses of refuge and correc- tion, as provided in chapter nineteen; and the powers and duties of the council in respect to such board shall be the same, so far as applicable, as are provided in said chapter. Sec. 275. Commitment of violators of law. As soon as any work house shall be established and notice thereof published, as re- quired in chapter nineteen, in respect to houses of refuge and cor- rection, it shall thereafter be the duty of any court, magistrate or mayor, in the county where such work house is established, au- thorized by law to sentence or commit to the county jail or cor- poration prison, any person over the age of sixteen years, con- victed of a violation of the laws of this state or of the ordinances of the corporation, to sentence such person to imprisonment in such work house. [S. & 0., p. 1519, sec. 77 ; S. & S., p. 867, sec. 227, and p. 871, sec. 241.] Sec. 276. Confinement and labor. Any person so sentenced shall be received into such work-house, and shall be there kept and confined at labor, and shall be subject to the rules, regulations and discipline thereof until the expiration of such sentence, when such party shall be discharged. [S. & C, p. 1519, sec. 77 ; S. & S., p. 867, sec. 227, and p. 871, sec. 241.] Sec. 277. Prompt commitment, and fees It shall be the duty of all officers having the execution of the final sentence of any court, magistrate or mayor, sentencing convicted persons to such work house, to cause such convicts to be conveyed to the same as soon as practicable after the sentence is pronounced ; and all officers shall be paid the fees therefor allowed by law for similar services in other cases, such fees to be paid, when the sentence is by the court, out of the county treasury, and when by the magistrate, out of the township treasury .'^ [S. & C.,p. 1519, sec. 77; S. & S., p. 867, sec. 227, and p. 871, sec. 241.] Sec. 278. Discharge, and record thereof. The said board shall have power to discharge, for good and sufficient cause, any person committed to such work house ; but a record of all such discharges 'The county commissioners are not bound to pay for prisoners sentenced to the work house for a violation of the laws of the state. [CSnciranoii v. Com'ra of Hamilton County, Force, J., Ham. Com. Pleas, MS.] MUNICIPAL CORPORATIONS. 79 Bhall be kept and reported to the council in the annual report of the board, giving a brief statement of the reasons therefor. [S. & S., p. 868, sec. 233.] Sec. 279. Punishment for escape, or attempt to escape. Any per- son lawfully committed to said work house, who shall escape there- from, or break the same with intent to escape therefrom, or who shall attempt by force or violence, or in any other way, to escape from said work house, whether such escape be effected or not, shall, upon conviction thereof, before the police court or court of common pleas for the proper county, be punished by confinement in said work house, for a term not exceeding double the term for which such person was so sentenced, to commence from and after the expiration of his or her former sentence. [ S. & S., p. 871, sec. 242.] Sec 280. Excess of expenses, how raised. The expense of main- taining and administering .the affairs of said work house, over and above all receipts for the labor of persons confined therein, shall be audited and paid, from time to time, by the council of the cor- poration, and a tax for said expenses shall be levied and collected as a part of the ordinary expenses of the corporation. [S. & S., p. 871, sec. 244.] Sec. 281. Officers to have police powers. The superintendent, assistant superintendent and guards of said work house, shall have such powers of policemen as may be necessary for the proper performance of the duties of their position. [S. & S., p. 869, sec 234.] Sec 282. Infants received, where there is no house of refuge. The council of any corporation owning a work house, but not owning a house of refuge and correction, shall have power to pro- vide for receiving into such work house, infants in the manner prescribed in chapter nineteen ; and the board of directors of such work house shall have the power to make such rules and regula- tions, in regard to the admission of such infants and their manage- ment, as are provided in said chapter for the government and management of the inmates of houses of refuge and correction. [S. & S., p. 867, sec. 228.] 80 THE LAWS OF CHAPTBE XXI. HOSPITALS. Section Section 283. Board of hoBpital commissioners. 291. Contracts to be advertised, and given to 284. Who shall compose the board. lowest bidder. 285. Their term of office. 292. Bids to be accompanied by bond; etc. 286. Their powers, compensation of appointees, 293. Contract with lowest bidder. etc. 294. Bids to be sealed, indorsed, etc. 287. Regular meetings, and record thereof. 295. Board to have management and control 288. No expenditure without authority of of hospitals. board ; no member to be interested, etc. 296. Council may enter into agreement with 289. Plans, specifications, etc. any corporation, etc. 290. Terms of contracts, etc. 297. Applicability to existing hospitals. Sec. 283. Board of hospital commissioners. Whenever the coun- cil of any city or incorporated village shall enter upon and take possession of any grounds purchased, appropriated, or otherwise obtained for hospital purposes, and shall, by resolution or ordi- nance, determine to erect thereon or rebuild a hospital, the erec- tion and repair thereof, or any addition or additions thereto, and the management, direction and control of the same, shall be vested in a board of five commissioners, to be called the Board of Hos- pital Commissioners of such corporation. [S. & S., p. 884, sees. 287, 288.] Sec. 284. Who shall compose the hoard. Such board shall con- sist of the mayor of the corporation, who shall, by virtue of his ofSce, be the president of the board, and four trustees, to be ap- pointed by the mayor with the consent of the council, who shall be resident freehold electors of the corporation, and such commis- sioners shall not receive any compensation for their services. [S. & C, p. 1558, sees. 209-215.] Sec 286. Their term of office. The term of office of the ap- pointed members of said board, shall be four years, but the mem- bers first appointed shall hold their office, respectively, as shall be determined by lot, at the first meeting of said board, for the period of one, two, three and four years, and thereafter one member shall be appointed each year for the full term of four years, and a ma- jority of said board shall constitute a quorum. Sec. 286. Their powers, compensation of appointees, etc. Such board shall have power to appoint a clerk, an architect and a su- perintendent, and other necessary employes, and fix their compen- sation, and adopt a suitable plan for such hosijital, and make all contracts for the erection and furnishing the same ; but the salary MUNICIPAL CORPORATIONS. 81 of such appointees, and the plan of such hospital, before any eon- tract for the erection of the same is entered into, shall be submitted to and approved by the council. [ S. & S., p. 884, sec. 288.] Sec. 287. Regular meetings and record thereof. The said board shall hold regular meetings at such time and place as may be agreed upon, and shall cause to be kept a full record of all their proceedings ; and no contract entered into by them shall be valid until assented to at a regular meeting of the board, and concurred in by a majority of all the members hereof, and such assent be entered on the minutes of their proB^dings. [S. & S., p. 884, sec. 289.] Sec. 288. No expenditure without authority of hoard; no member to be interested, etc. No money shall be paid for the erection, re- building or repair of any hospital, or of any addition or additions thereto, or for supplies therefor, unless first authorized by said board, and upon the warrant of the proper officer of the corpora- tion, and no member of said board shall be interested, directly or indirectly, in any contract concerning said institution. [S. & S., p. 884, sec. 289.] Sec. 289. Plans, specifications, etc. It shall be the duty of said board, before entering into any contract for the erection of any hospital building, to cause plans, specifications, detailed drawings and forms of bids to be prepared; and when adopted by them they may, at their discretion, cause the said plans and drawings to be lithographed, and the specifications and forms of bids, and a form of contract and bond, to be prepared by the attorney of the cor- poration, and have the same printed for distribution among the bidders. [S. & S., p. 884, sec. 290.] Seo. 290. Terms of contracts, etc. All contracts shall be made in the name of the corporation, and it shall be stipulated therein that the contractors will not execute any extra work, or make any modifications or alterations of the work mentioned in the specifi- cations and plans, unless ordered in writing by the board; and that they will not claim any pay for the same unless such written order is given, and the extra price of compensation fixed and agreed upon; and copies of the said plans and drawings, attested by the contractor, and the original bids, specifications and eon- tracts, shall be deposited in the office of the clerk of the corpo- ration. [S. & S., p. 884, sec. 291.] Sec. 291. Contracts to be advertised and given to lowest bidder. The said board shall not enter into any contract for work or ma- terials, except as relates to procuring plans, drawings, specifica- tions and forms of bids, without first causing thirty days' notice to be given in one or more newspapers of general circulation in the 82 THE LAWS OF corporation, that sealed proposals will be received for doing the work or furnishing the materials; and they shall enter into con- tract with the lowest bidder, for the whole or any part of the work, upon his giving bond to the corporation, with security to be ap- proved by the board, that he will perform such work or furnish the materials in accordance with his contract.^ [S. & S., p. 885j sec. 292.] Sec. 292. Bids to he accompanied by bonds, etc. All bids shall be accompanied with a bond^igned by sufficient sureties for the ac- ceptance of the contractM| awarded by the board, to fully secure any amount of difference^etween the amount of such bid and the next higher bid, and such amount shall "be collected by the board and paid into the hospital fund in case of refusal by the bidder to enter into contract according to his bid, within such reasonable time as said board may determine. [S. & S., p. 885, sec. 292.] Sec. 293. Contract with lowest bidder. The board shall enter into contract with the lowest responsible bidder upon his giving bond to the corporation, with such surety as the said board shall approve, that he will perform such work and furnish materials in accordance with his contract; and on failure of such bidder, within a reasonable time, to be fixed by said board, to enter into bond with the surety before provided, then a contract may be made with, the next lowest responsible bidder, and so on, until a contract is completed by the contractor giving bond as aforesaid. [S. & C, p. 1558, sec. 215.] Sec. 294. Bids to be sealed, indorsed, etc. All bids shall be in- closed in a sealed envelope and deposited with the clerk of the board, and such sealed envelope shall have indorsed thereon the nature of the same, and all bids shall be opened at a regular meet- ing of the board. ''Sec. 295. [As amended, April 18, 1870, 67 L. 75.] Board to control hospital, etc. The said board shall have the entire manage- ment and control of such hospital when the same has been com- pleted and ready for use, and of the furnishing thereof, subject to the ordinances of the council, and shall establish such rules for its gov- ernment and the admission of persons to its privileges as they may deem expedient; and it shall also have power to employ a super- •See note to section 346. ''This section differs from the section as originally passed only in the inser- tion of the words in italics. MUNICIPAL CORPOBATIONS. 83 intendent, steward, physicians, nurses, and such other employes as they may deem necessary, and to fix the compensation of all per- sons so employed; such compensation to be subject to the approval of the council. Sec. 296. Gouncil may enter into agreement with any corporation, etc. The council may enter into an agreement with the corpora- tion or association organized for charitable purposes in such mu- nicipal corporation, for the erection and management of a hospital for the sick and disabled, and for a permanent interest therein, to such extent and upon such terms and conditions as may be agreed upon between the council and such corporation or association; and the council shall provide for the payment of the amount agreed upon for any interest so acquired, either in one payment or in- stallments, or so much, from year to year, as the parties may stip- ulate. [S. & S., p: 886, sec. 298.] 'Sec. 297. [As amended, April 6, 1870, 67 L. 33.] Exception of application as to Commercial Hospital of Cincinnati. The provisions of this chapter shall, so far as applicable, govern hospitals hereto- fore established and erected, except that nothing in this act contained, or in this chapter, shall he taken or construed as in any manner re- pealing or suspending, by implication or otherwise, an act entitled " an act regulating the Commercial Hospital of Cincinnati," passed March 11, 1861, or any of the acts amendatory thereof or supplementary thereto. CHAPTEE XXII. INPIRMAKIES. Section Section 298. Board of infirmary directors. 301. Their care for the inmates, separation 299. Their election, term, and compensation. of the sexes, etc. 300. To be governed by regulations applicable 302. Overseers of the poor to be appointed. to hospitals. Sec. 298. Board of infirmary directors. The management of affairs of all corporation infirmaries now existing, or which may hereafter be established, and the care of the inmates thereof; the erection and enlargement of all infirmary buildings and of all additions thereto, and the repair and furnishing thereof and im- ' This section differs from the section as originally passed only in the addi- tion of the words in italics. 84 THE LAWS or provement of the grounds therewith connected; and the granting of out-door relief to the poor, shall be vested in a board of three directors, which shall be called "The Board of Infirmary Direct- ors." [S. & C, pp. 1518, 1519, sec. 76, and p. 1542, see. 158.] Sec. 299. Their election, term, and compensation. The said di- rectors shall be electors and be elected by the qualified voters of the corporation, and shall hold their office for three years, except that at the first election one of the said directors shall be chosen to serve for one year, one for two years, and one for three years, and thereafter one shall be elected annually. They shall not re- ceive any compensation for their services; provided, that in cities of the first class having a population of over one hundred thousand inhabitants, such directors shall receive such compensation as the city council may by ordinance provide. [S. & S., p. 801, sees. 24, 25.] Sec. 300. To he governed by regulations applicable to hospitals. In the management of any infirmary, in the care and treatment of the inmates thereof, in the erection, enlargement or repair of any building for infirmary purposes, or of any addition or addi- tions thereto, the said directors shall 'have the same powers, be governed by the same regulations, and perform the same duties, so far as applicable, as are vested in and imposed on the commis- sioners of hospitals, as provided in chapter twenty-one ; and the power of the council in relation to such infirmaries, and the con- duct of the directors thereof, shall be the same, so far as applicable, as provided in said chapter in relation to hospitals. Sec. 301. Their care for the inmates, separation of sexes, etc. The said directors shall further see that the inmates of such in- firmary are comfortably provided for and kindly treated, and they may, whenever deemed necessary, provide for the care and sup- port of the males and females in separate buildings, or in separate departments of the same building. Sec. 302. Overseers of the poor to be appointed. The council shall provide, by ordinance, for the appointment by the mayor, subject to the approval of the council, of such number of persons as may be deemed necessary, not to exceed one in each ward, to act as overseers of the poor, and shall prescribe the duties of such persons in relation to the care of the poor, and their removal when necessary, to the infirmary, but such persons shall not re- ceive any compensation for their services. [S. & C, p. 1519, sec. 76.] MUNICIPAL CORPORATIONS. 85 CHAPTBE XXIII. BOARD OF HEALTH. Section Section 303. Board of health. 315. Nuisance to be abated. 304. Term of oflQce of members. 316. Temporary suspension of order of abate- 305. May appoint health officer, clerk, etc. @ieiit. 306. Powers and duties of board. 317. Modification or reaffirmation of order. 307. May restrain persons infected, etc. 318. Sanitary police to be assigned . 308. Punishment of infected person for escap- 319, When such police shall be dismissed. ing, etc. 320. Taccination to be encouraged and pro- > 309. Kegulations to secure public health. Tided for. 310. Duties as to brothels. 321. Sanitary report; its contents, etc. 311. Disposition of minor prostitutes. 322. Penalty for violation of order of board 312. When female shall be treated as a va- of health. grant. 323. Violation by a corporation, 313. Treatment of diseased female; expense 324, Prosecutions, how instituted. thereof. 325. Provision for expenses of board of 314. Suit for recovery of such expense. health. Sec. 303. Board of health. Whenever the council of any city or incorporated village shall establish a board of health, such board shall be composed of the mayor, who. shall be president by virtue of his oflSce, and six members, to be appointed by the coun- cil, who shall serve without compensation, and a majority of whom shall be a quorum, [S, & C, p. 1513, sec. 62.] Sec, 304, Term of office of members. The term of oflSce of the members of such board shall be three years from the date of ap- pointment, except that those first appointed shall be classified as follows : Two to serve for three years, two for two years, and two ^ for one year, and thereafter two shall be appointed annually. [S, &S., p. 828, sec. 108.] Sec. 305. May appoint health officer, clerk, etc. Such board shall have power to appoint a health officer, a clerk, as many ward or district physicians as they may deem necessary for the care of the sick poor, and such other persons as may be in need, and to define their duties and salaries; and all such appointees shall serve dur- ing the pleasure of the board. [S. & S., p. 828, sec. 109.] •Sec. 306. [As amended, April 18, 1870, 67 L. 76.] Powers and duties of board of health. The council may grant such board power to abate and remove all nuisances in the corporation, and assess •The section origiDally passed differed from this only In containing the words "situate therein," in the place of the words "wherein such nuisance is situated," in italics. THE LAWS OF the costs and expense of the same upon the property wherein such nuisance is situated, which assessment, when duly certified by the president of the board to the county auditor, shall become a lien, to be collected the same as any other tax in favor of the corpora- tion, and to compel the proprietors or owners, agents or assignees, occupants or tenants of the lot or property, house or building, upon or in which any nuisance mg,y he, to abate and remove the same, to regulate the construction and arrangement of all water- closets and privy-vaults, and the'emptying and cleaning of such vaults ; to create a complete and accurate system of registration of births, deaths and interments, occurring in or near such corpo- ration, for purposes of legal and genealogical investigations, and to furnish facts for statistical, scientific, and particularly for sani- tary inquiries ; and when complaint is made, or a reasonable belief exists, that an infectious or contagious disease prevails in any locality or house, to visit such locality or house, make all neces- sary investigations by inspection, and on discovering that such infectious or contagious diseases exist, to send the person or per- sons so diseased to the pest-house or hospital. [S. & S., p. 828, sec. 110.] Sec. 307. 'May restrain persons infected, etc. "When any person, is found afflicted with infectious or contagious disease, and is re- moved to a pest-house or hospital, the board of health is empow- ered to use all necessary means to restrain such patient of his or her liberty until the danger of infection or contagion from said disease shall have ceased. Sec. 308. Punishment of infected person for escaping, etc. If any person so removed to any pest-house or hospital shall willfully leave or escape therefrom before the physician of such pest-house or hospital shall give a certificate of restored health, the person so offending, shall, upon conviction thereof before the mayor or police judge, be fined in any sum not less than five nor more than fifty dollars, or be imprisoned not less than one nor more than ten days, as the mayor or judge may determine. Sec. 309. Regulations to secure public health. The council may grant power to such board to make and pass all such orders and regulations as they shall, from time to time, deem necessary and proper for the public health and for the prevention of diseases; and such orders and regulations, when adopted, shall have all the force and effect of ordinances of such corporation.^ [S. & S., p. 828, sec. 110.] 'See cases in note to section 199, paragraph 2. MUNICIPAL CORPORATIONS. 87 Seo. 310. Duties as to brothels, etc. The board of health in cities of the first class, and, whenever required by resolution of the council, in cities of the second class, are tiuthorized and di- rected to enter brothels and houses of assignation, and make enumerations, as often as they may deem necessary, of the female inmates therein, and make a record of the same, and of the age of such female inmates, in a book to be kept in the ofSce of said board of health, to be open to the inspection of the members of the board, the police, and others: [S. & S., p. 831, sec. 120.] Sec. 311. Disposition of minor prostitutes. When any female under the age of eighteen years, or believed to be under that age, is found in such brothel or house of assignation, it shall be the duty of the board of health to return such female to her home, if she have any, and if such female have no home, then she shall be consigned to the house of refuge and correction of the corpora- tion, or such benevolent association established for the reformation of abandoned females, as the board of health may select. [S. & S., p. 831, sec. 121.] Sec. 312. When female shall be treated as a vagrant. Ko female shall be consigned to a house of refuge and correction, or benevo- lent institution, against her will; but in case she declines the care and protection tendered her, it shall be the duty of the board to turn said female over to the mayor or police court to be tried as a vagrant. [S. & S., p. 831, sec. 122.] Sec 313. Treatment of diseased female ; expense thereof . When- ever any female is found in any house of ill-fame or assignation, affected with contagious or infectious disease, and is removed to, or if such person shall apply for admission to any hospital or pest- hoase for treatment, the costs of such removal, and the expense of boarding and washing, while in such hospital or pest-house, shall be paid by the proprietor or proprietors of the house of ill-fame or assignation from which such patient was removed, or in which she was last an inmate; and such payment shall be made before such patient is discharged from such hospital or pest-house ; and such expense of boarding, washing, and medical attendance shall be a lien upon the house and premises in which such female shall have been so found, which lien may bo enforced as other liens for the security of money. Sec. 314. Suit for recovery of such expense. If the proprietor or proprietors of such house of ill-fame or assignation shall fail or re- fuse to pay such expense, legal proceedings shall be immediately instituted against such propi'ietor or proprietors of such house of 88 THE LAWS OF ill-fame or assignation, and such patient shall be held as a witness in the case. Sec. 315. Nuisances to he abated. Whenever any building, erec- tion, excavation, premises, business, pursuit, matter or thing, or the sewerage, drainage, or ventilation thereof, in the opinion of said board of health, whether in whole or in part, be in a condi- tion or in effect dangerous to life or health, the said board may declare the same, to the extent it may specify, a public nuisance, or dangerous to life and health ; and the said board may order the same to be removed, abated, suspended, altered, or otherwise im- proved or purified, as said order shall specify, and shall cause said order, before its execution, to be served on the agent, owner, oc- cupant or tenant, or such of them as are in the corporation and can be found. [S. & S., p. 829, sec. lll.j Sec. 316. Temporary suspension of order or abatement. If any party so served shall, before the execution of the order is com- menced, apply to said board to have said order or its execution stayed or modified, it shall be the duty of the board to temporarily suspend or modify said order, and to give such party or parties, as the case, in the opinion of the board, may require, a reasonable and fair opportunity to be heard before said board, and to present proofs and facts against said declaration and the execution of said order, or in favor of its modification.^ Sec. 317. Modification or reaffirmation of order. The board shall enter upon its minutes such facts and proofs as it may receive, and its proceedings on such hearing, and thereafter may rescind, modify or reaffirm its said declaration and order, and require ex- ecution of said original, or of a new or modified order to be made, in such form and effect as it may finally determine. Sec. 318. Sanitary police to be assigned. The mayor shall have power, and it shall be his duty to detail a portion of the regular police force of the corporation for sanitary duty, or to make new appointments for that purpose, whenever in the opinion of the board the public health and sanitary condition of the corporation may require. And such policemen, when so detailed, or when ap- pointed, shall be known as the " Sanitary Police ;" the number comprising the said sanitary police to be determined by the board 'When the board of health have declared any husiness estahlishment a nuisance, and order it to he abated, and no application is made to them to review their decision by the owner, if their decision is not conclusive, it will require a very strong case to induce a court to interfere by injunction. [SAer- lock V. Cincinnati, Hamilton Common Pleas, MS.] MUNICIPAL CORPORATIONS. 89 of health, according to the exigencies of the case ; and said sani- tary police shall be subject to the exclusive direction and control of said board for the enforcement of proper sanitary measures, and for the promotion of the public health. [S. & S., p. 829, sec. 112.] Sec. 319. When such police shall be dismissed. Whenever, in the opinion of the board of health, the services of the sanitary police are no longer required, they shall, on recommendation of the board of health, be returned to duty as regular policemen, or be dismissed, as the mayor may direct. [S. & S., p. 829, sec. 112.] Sec. 320. Vaccination to be encouraged and provided for. Said board may take measures and supply agents, and afiford induce- ments and facilities for gratuitous vaccination and disinfection; and may afford medical relief to and among the poor of the cor- poration, as in its opinion the protection of the public health may require; and during the prevalence of any epidemic disease, may provide temporary hospitals for such purposes. [S. & S., p. 829, sec. 113.] Sec 321. Sanitary report; its contents, etc. It shall be the duty of said board, on or before the first Monday of March in each year, to make a report, in writing, to the council of the corpora- tion, upon the sanitary condition and prospects thereof; and such report shall set forth generally the statistics of deaths, the action of said board and of its officers and agents, and the names thereof for the past year; and may contain other useful information, and shall suggest any further legislative action deemed proper for the better protection of life and health. [S. & S., p. 829, sec. 114.] Sec. 322. Penalty for violation of order of hoard of health. Any person violating any provision of this chapter, or any order of the board of health made in pursuance thereof, or obstructing or inter- fering with the execution of any such order, or willfully and illegally omitting to obey any such order, shall, on conviction, be fined in any sum not exceeding one hundred dollars, or imprisoned for any time not exceeding ninety days, or both, at the discretion of the court; but no person shall be imprisoned under this sec- tion for the first offense. [S. & S., p. 830, sec. 115.] Sec. 323. Violation by a corporation. If such violation, obstruc- tion, interference or omission be by a corporation, such corporation shall forfeit and pay to the proper city or village any sum, not exceeding one hundred dollars, at the discretion of the court, to bo collected in civil action brought in the name of such city or village ; and any officer of such corporation consenting thereto shall be 90 THE LAWS OF subject to imprisonment as above provided. [S. & S., p. 830, sec. 115.] Sec. 324. Prosecutions, how instituted. Prosecutions and the civil action provided for in section three hundred and twenty-three under this chapter, shall be instituted before any tribunal within the municipal corporation having jurisdiction thereof. [S. &. S., p. 830, see. 115.] Sec. 325. Provision for expenses of board of health. "Where ex- penses shall be incurred by the board of health, under the pro- visions of this act, it shall be the duty of the council, upon appli- cation and certificate from said board of health, to pass the neces- sary appropriating ordinances to pay the expenses so incurred and certified. [S. & S., p. 830, sec. 117.] CHAPTER XXIV. FIRE DEPARTMENT. Section Section 326. Council sbaU have power to establish fife 330. To invest fire engineer with power, etc. department. 331. Engineer may administer oaths, etc. 327. To purchase fire engines, etc. 332. His compensation. 328. To erect necessary buildings, etc. 333. Councilmay prohibit erection of wooden 329. To regulate the erection of structures, buildings, etc. etc. ' Sec. 326-. [As amended, April 18, 1870, 67 L. 76.] Powers of council as to fire department. The council of any city or incorpo- rated village shall have power to establish all necessary regulations to guard against the occurrence of fires, and protect the property and lives of the citizens against damage and accidents resulting therefrom ; and for this purpose to establish and maintain a fire department, and provide for the establishment and organization of fire engine and hose companies, and provide such by-laws and regulations for the government of such comiDanies as may be deemed necessary and proper f provided, that no active volunteer iThis section differs from the section as originally passed only in the addi- tion of the words in italics. ^ A municipal corporation is not liable to an individual for damage resulting from a failure to provide the necessary agencies for extinguishing fires, or from negligence of oflEioers or other persons connected with the fire depart- ment ; the power is in its nature legislative and -governmental. [ Wheeler v. Cincinnati, 19 Ohio St. 19.] MUNICIPAL CORPORATIONS. 91 fireman, or one who has served five years consecutively as a volunteer fireman, shall be required to serve on juries, or perform military duty in time of peace. [8. & C, p. 1499, sec. 21, and p. 1513, sec. 62 ; S. & S., p. 791, sec. 2.] Sec. 327. To purchase fire engines, etc. Th■^ council shall also have power to purchase for its own use, or for the use of such companies, all necessary firo engines (either steam or hand), hose carriages and hose, and all such other apparatus and instruments as shall be deemed necessary to the extinguishment of fires, and to establish lines of fire-alarm telegraph within the limits of the cor- poration. [S. & C, p. 1513, sec. 62.] Sec. 328. To erect necessary buildings, etc. The council shall also have power to provide or erect all necessary and suitable buildings containing rooms for fire engines, hose carriages, fire apparacus and instruments, and for the meetings of the fire and hose companies. Sec. 329. To regulate the erection of structures, etc. The council shall have power to regulate the erection of houses and business structures, and, on the petition of the owners of not less than two- thirds of the ground included in any square, to prohibit the erec- tion on any such square of any building, or of any addition to any building, more than ten feet high, unless the outer walls be made of brick and mortar, or of stone and mortar, or of iron, or stone or brick and mortar, and to provide for the removal of any build- ings or additions erected contrary to such pi-ohibition. [S. & S., p. 791, sec. 2.] Sec. 330. To invest fire engineer with power, etc. The council shall have power to invest the fire engineer, or any other officer of the fire or police department, with the power, and impose on him the duty, to be present at all fires, investigate the cause thereof, examine witnesses and papers, and compel the appearance and pro- duction of the same, and to do and perform all such other acta as may be necessary to the effective discharge of such duties. [S. & S., p. 791, sec. 2.] Sec 331. Engineer, etc., may administer oaths, etc. Such officer shall have power to administer oaths, make arrests, and enter any building for the purpose of examination, which, in his opinion, is in danger from fire ; and he shall report his proceedings to the council at such times as may be required. [S. & S., p. 791, sec. 2.] Sec. 332. His compensation. For his services herein specified, such fire engineer or other officer shall receive such compensation as the council may prescribe. [S. & S., p. 791, sec. 2.] Sec 333. Council may prohibit erection of wooden buildings, etc. In 92 THE LAWS or all cities of the first class, the council shall have power to prohibit, within sttch limits as may be deemed proper, the erection of any building, unless the outer walls thereof be constructed of iron, brick and mortar, or stone and brick and mortar. CHAPTER XXY. « WATER WORKS. Section Section 334. Council may construct and regulate water 349. Construction and regulation thereof. works. 350. Water works in contiguous cities or vil- 335. Trustees of water works. lages. 336. Their salary and duty. , ,351. Construction and regulation thereof. 337. By-laws, etc. 352. Contracts to supply contiguous cities or 338. Water rents. villages . 339. Disposition of surplus. 353. Cost thereof, how raised . 340. Monthly reports, and weekly deposits. 354. Works to be joint property, etc. 341. Money to he kept as a distinct fund. 355. Termination of contract upon annexa- 342. Trustees to make contracts, etc. tion. 343. Annual investigation. 356, Tax to he levied for payment of inter- 344. No charge for water to extinguish fires, etc. est. 345. Protection of attachments, etc. 357. Payment of interest on loans. 346. Kulesas to contracts. 358. Tax to be a lien upon property. 347. Contractors must give bond, etc. 359. Laying of water pipes in highways. 348. Extension of aqueducts, etc., beyond cor- 360. Extent of jurisdiction. poration limits. Sec. 334. Council may construct and regulate water works. The council of any city or incorporated village shall have power to enter upon and take possession of any land obtained for the construction or extension of water woi-ks, reservoirs, or the laying down of pifie, and also any water rights or easements connected with the use of water ; and any land, water right or easement so taken possession of for water-works purposes, shall not be used for any other pur- pose, except by authority of the trustees and consent of the coun- cil. [S. & C, p. 1529, sec. 114.J 1 Sec. 335. [As amended, April 18, 1870, 67 L. 76.] Trustees of water works. The council of any city or incorporated village in which water works are or may be situated, or in progress of con- struction,'' or when water works shall he ordered to he constructed by 1 This section differs from the one originally passed only in the addition of the words in italics. ' When a city has no water works situated therein, and has done no more than to authorize the borrowing of money for the purpose of constructing water works, an' ordinance establishing a board of trustees is premature and unwarranted, and such board may be legally abolished by the repeal of the ordinance. The act in question in this case followed the words of the original MUNICIPAL CORPORATIONS. 93 the council, shall establish a board of three trustees, to be known as the Trustees of the Water Works, who shall bo elected by the qualified electors of the corporation, and hold their office for the term of three years; except that at the first election under this act one shall be chosen for one year, one for two years, and one for three years; and thereafter one of the trustees shall be elected annually. [S. & C, p. 1528, sec. 112.] Sec. 336. Their salary and duties. Said trustees shall receive a fixed salary, to be determined by the council, and they shall man- age, conduct and control the works,' furnish supplies of water, col- lect water rents, and appoint all necessary officers and agents, and determine the term of office and the amount of the salaries of the officers and agents so appointed. [S. & C, p. 1528, sec. 112.] Sec. 337. By-laws, etc. Said trustees shall be authorized to make such by-laws and regulations as they may deem necessary for the safe, economical and efficient management and protection of the water works, and such by-laws and regulations shall have the same validity as ordinances, when not repugnant thereto, or to the constitution and laws of the state. [S. & C, p. 1528, sec. 112.] Sec. 338. Water rents. For the purpose of paying the expenses of conducting and managing the water works, the trustees of water works shall have power to assess and collect, from time to time, a water rent of sufficient amount, in such manner as they may deem most equitable, upon all tenements and premises supplied with water. [S. & C, p. 1528, sec. 111.] Sec. 339. Disposition of surplus. Should there be any. surplus, after paying the expenses of conducting and managing the water works, the same may be applied to the repair, enlargement or ex- tension of the works, or of the reservoirs, the payment of the interest of any loan made for their construction, or for the creation of a sinking fund for the liquidation of the debt; and the amount authorized to be levied and assessed for water-works purposes, shall be applied by the council to the creation of a sinking fund for the payment of the indebtedness incurred for the construction and extension of water works, and for no other purpose whatever. [S. & C, p. 1528, sec. 111.] section (sec, 335) authorizing the council of any city in which water works are or may he situated, or in progress of construction, to estahlish a hoard of trus- tees. {State V. Hnto, 7 Ohio St. 3|5.] 1 The corporation is liahle for injuries to one of the employes of the water works, caused by the neglis;ence and carelessness of the trustees in not furnish- ing proper machinery. [SterUy's Adm'r v. Zanesville, Muskingum Common Pleas, per Granger, J.] 94 THE LAWS OF Seo. 340. Monthly reports and weekly deposits. Said trustees shall make monthly reports to the council of the receipts and disbursements of money belonging to the water works, and an annual report of the condition of the same, which report the coun- cil may cause to be published in some newspaper of general circu- lation in the corporation ; and all money collected for water-works purposes they shall cause to be deposited weekly, by the collectors thereof, with the treasurer of the corporation, and the receipt there- for shall be by such collectors deposited with said trustees or their authorized agent. [S. & C, p. 1528, sec. 112.] Sec. 341. Money to be kept as a distinct fund. All money so deposited shall be kept a separate and distinct fund, subject to the order of said trustees ; and all orders drawn by said trustees on the treasurer of the corporation, shall be signed by one of the trustees, and countersigned by the clerk of the water works. [S. & C, p. 1528, sec. 112.] Sec. ,342. Trustees may make contracts, etc. The said trustees shall be authorized to make contracts for the building of machin- ery, water -works buildings, reservoirs, and the enlargement and repair thereof, and the manufacture and laying down of pipe, and for all other necessary purposes to the full and efScient manage- ment and construction of water works. [S. & C, p. 1528, sec. 112.] Sec. 343. Annual investigation. The council of any corporation in which water works are or maybe situated, or in progress of construction, shall be authorized to appoint a committee for the investigation of all books and papers, together with all matters pertaining to the management of the water works, at least once a year, and oftener if necessary by reason of any neglect of duty or malfeasance on the part of any officer of the works ; and any offi- cer of the works, found by said committee so offending shall be liable to removal from office by the council. [S. & C, p. 1529, sec. 113.] Sec. 344. No charge for water to extinguish fires, etc. No charge shall be made by the trustees of water works for supplying water for the extinguishing of fires, or cleaning of fire apparatus, or the cleaning of market houses, or for the use of any of the public buildings belonging to the corporation. [S. & C, p. 1529, sec. 113.] Sec. 345. Protection of attachments, etc. All attachments of what- ever nature made to the water pipes, or other fixtures belonging to the water works, and intended for public use, shall be subject to the same supervision, rules and regulations, as are made for the protection of water works against abuse, destruction, and inordi- nate or unneccessary use or waste of water, or the trustees may MUNICIPAL CORPORATIONS. 95 make general or special rules and regulations for such jDurpose. [S. & C, p. 1529, sec. 113.] Sec. 346. Rules as to contracts. Said trustees, before entering into any contract for work to be done, the estimated cost of which shall exceed five hundred dollars, shall cause at least two weeks' notice to be given,^ in one or more daily newspapers of general circulation in the corporation, that proposals will be received by said trustees for the performing of the work specified in said no- tice; and the trustees shall contract with the lowest bidder,^ if, in their opinion, said lowest bidder can be depended on to do the work with ability, promptness and fidelity, and if such be not the case, said trustees may give the contract to the next lowest bidder, or decline to contract, and advertise again. [S. & C, p. 1529 sec. 115.] Sec 347. Contractors must give bond, etc. Said trustees shall re- quire bond to be given, with good and sufficient security, for the faithful performance of the work ; but no member of said board of trustees shall be such security ; nor shall any trustee be a con- tractor, or in any wise, either directly or indirectly, interested in any such work to be contracted for; provided, that in case of emergency, the council may, by a vote of two-thirds of all the members elected, authorize said trustees to enter into such con- tracts without advertising. [S. & C, p. 1529, sec 115.] Sec. 348. Extension of aqueducts, etc., beyond the corporation limits. The council of any corporation owning water works may, on the written request of any number of citizens living outside of the limits thereof, extend, construct, lay down, and maintain ^The provision of this section as to advertising is mandatory, and when a contract is let without the first advertisement appearing two full weeks before the letting, the progress of work under it will be enjoined at the instance of the solicitor, acting by request of tax-payers. [AfiKer v. The Trustees of the Water Works, Superior Court of Cincinnati, Special Term, Taft, J.] The plans and specifications must be definite enough to enable careful bid- ders to estimate the cost of the work. Small defects will not be regarded, but where there is an evident defect, which would prevent any intelligent bid- ding, this of itself will be a ground for enjoining the performance of the contract. [/Sirf.] 'After bids have been received and opened, under the act of May 6, 1869 (66 L. 128), the trustees have no right to allow any amendment or alteration of any proposal on account of an alleged mistake therein, unless the fact of such mistake, and the requisite data for its correction, were apparent on the face of the proposal. A mandamus was issued to compel them to contract with the lowest bidder. [^Beaver ^ Butt v. The Trustees of the Blind Asylum, 19 Ohio St. 97.] 96 THE LAWS OF aqueducts and water pipes to any distance outside the corporation limits, not exceeding three miles, and for this purpose shall have the right to make use of such of the public streets, roads, alleys, and public grounds, as shall be necessary therefor. [S. & S., p. 866, sec. 224.] Sec. 349. Construction and regulation thereof. Such aqueducts and pipes shall be so constructed and laid as not to interfere un- necessarily with the use of such streets, roads, alleys, and public grounds, as public highways and public grounds ; and the cor- poration so extending and establishing any part of its water works outside of its limits, shall have the same power and jurisdiction to prevent or punish any pollution of or injury to the water so con- veyed, or any injury to the works, or any portion thereof, as they may have within the limits of the corporation. [S. & S., p. 866, sec. 224.] Sec. 350. Water works in contiguous cities or villages. Any city or incorporated village owning water works, whose territory is contiguous to that of another city or incorporated village, may, with the assent of such other city or incorported village, estab- lish and maintain such portion of its water works as it shall deem advisable, within the limits of such other city or incorporated vil- lage, and shall have the right to make use of such of the public streets, alleys, and public grounds of such other city or incorporated village, as shall be necessary therefor, for the purpose' of con- structing, laying down, and maintaining all such aqueducts and water pipes as shall be required in connection with such water works, for the conveyance of water along and across such streets, alleys, and public grounds. [S. & C, p. 1538, sec. 146 ; S. & S., p. 866, sec. 224.] Sec. 351. Construction and regulation thereof. Such aqueducts and pipes shall be so constructed and laid as not to interfere un- necessarily with the use of such streets, alleys, and public grounds, as public highways and public grounds ; and the city or incor- porated village so establishing any part of its water works within the limits of such other city or incorporated village, shall have juris- diction to prevent or punish any pollution of, or Injury to the water so conveyed, or of the stream or source from which the same shall be obtained, or any injury to any portion of said water works so located within the limits of such other city or incorporated village. [S. & C, p. 1538, sec. 146; S. & S., p. 866, sec. 224.] Sec. 352. Contracts to supply contiguous cities or villages. Any city or incorporated village which shall have established, or shall be about to establish water works, is hereby authorized to enter into a contract with any contiguous city or incorporated MUNICIPAL CORPORATIONS. 97 village, for the supply of the latter with water, upon such terms as shall be mutually agreed upon by the board of trustees of water works of the respective cities, or of the city and incorporated vil- lage, or of the incorporated villages.' [S. & C, p. 1539, sec. 147.] Sec. 353. Cost thereof, how raised. The amount to be paid for such supply shall be raised by such city or incorporated village, in the manner provided for the payment of the expense of con- ducting and managing water works constructed wholly by a city or incorporated village; and the amount so received by the city or incorporated village furnishing such supply, shall be applied to the payment of the interest on the sum borrowed for the con- struction of such water works, or to defray the expense of their management, as the board of trustees for water works shall direct. [S. & C, p. 1539, sec. 147.] Sec 354. Works to he joint property, etc. Upon the annexation of one municipal corporation to another municipal corporation, the water works theretofore constructed by either corporation, shall thereby become the joint property of the united corporation, and shall thereafter be managed by the board of trustees of the cor- poration to which such annexation shall have been made. [S. & C, p. 1539, sec. 148.] Sec. 355. Termination of contract upon annexation. Any con- tract entered into, by one municipal corporation for the supply of water to the other, as above provided, shall be terminated by such annexation ; and so much of the debt incurred by either, in the construction of water works, as remains unpaid, shall thereafter be a charge upon the united corporation, to the same extent that the separate debt of either, incurred as aforesaid, was, before such union, a charge upon the corporation which constructed the same. [S. &. C, p. 1539, sec. 148.] Sec. 356. Tax to he levied for payment of interest. For the pur- pose of paying the interest on the money borrowed for the erec- tion and completion of water works, during the erection and com- pletion thereof, and before they shall have been put in operation, a tax of sufficient amount shall be assessed and collected each and every year, in the usual manner of levying and collecting taxes in 'The provisions of this section apply only to cities within the state, and do not authorize a municipal corporation within the state to contract to furnish one without the state with water. Nor is such a contract valid under the general power given to contract. The performance of such a contract will he enjoined on the application of a tax-payer, when the solicitor declines to pro- ceed. [Kleiner ^ Br'o. v. Cincinnati, Hamilton District Court, MS.] 98 THE LAWS OF the corporation, upon all taxable property thereof. [S. & C, p. 1527, sec. 108.] Sec. 357. Payment of interest on loans. For the purpose of pay- ing the interest on any loan which any city or incorporated village may have heretofore made, or may hereafter make, for 'the erec- tion or extension of water works, and after they shall have been put in operation, and for the building of machinery, a tax of suf- ficient amount may be assessed and collected by the council in each and every year, in such manner as the council may deem most equitable and proper, as may be directed by ordinance, upon all the taxable property adjoining, abutting to, or bounding upon any street, lane, alley, public ground, square, block or premises through which water pipe has been laid. [S. & C, p. 1539, sec. 149.] Sec. 358. Tax to he a lien upon property. The said tax, when levied and assessed, shall be a lien upon the property upon which the same is levied, and a charge against the owners thereof, and shall be certified to the auditor of the county, and placed upon the county duplicate in a separate column thereof, and be collected as other taxes, and the same shall be paid to and be under the control of the trustees of the water works. Sec. 359. Laying of water pipes in highways. The council may prescribe, by ordinance, for the laying down of water pipes in all highways about to be paved, macadamized, or otherwise per- manently improved, and for the assessment of the cost and ex- pense thereof upon the lots or parcels of land adjoining or abut- ting upon the highways in which the same are laid ; but in no case,- excepting as a sanitary measure, shall the council require any house connections to be built further from the main pipe than the outer line of the curb stone. [S. & S., p. 858, sec. 19-1, and p. 862, sec. 209.] Seo. 360. Extent of jurisdiction. The jurisdiction of any cor- poration owning water works, to prevent or punish any pollution of the water, shall extend five miles beyond the corporation lim- its. [S. & C, p. 1499, sec. 22.] MUNICIPAL CORPORATIONS. 99 CHAPTEE XXYT. PUBLIC CEMETERIES AND BURIAL GROUNDS. , I 361. Cemeteries to be proTided. 362. Title to be vested Id corporation. 363. Board of trustees to be elected. 304. Their term of office, etc. 365. Vacancies, how filled. 366. Duties of trustees. 367. Their powers. 368. May institute suits, etc. 369. Shall make by-laws, etc. 370. Shall fix price of lots and terms of pay- ment. 371. Price of lots limited. 372. Sale of lots, etc. 373. Clerk, and quarterly report. 374. Annual report to council. 375. Statement as to funds, etc. 376. Enlargement of grounds. 377. Union of cities, etc., for cemetery pur- 378. How appropriations shall be made. 379. Titles, how vested. 380. Expenses, etc., to be pro rata. Section 381. Control and management. 382. Power to enforce ordinances, etc. 383. Discrimination forbidden. 384. Joint meeting of council and trustees. 385. Joint meeting to make rules, etc. 386. Vote, and record thereof. 387. Public burial grounds may be appropri- ated. 388. Purchase of lands, improyements, etc. 389. Bights and titles inviolate. 390. Adjoining townships may be admitted to participation, etc. 391. Clerk shall record plat of grounds, etc. 392. Power of council over burial grounds, etc. 393. Burials may be prohibited within cor- poration limits. 394. Power limited as to villages. 395. Bond may be required of disbursing trustee. 396. Applicability to existing cemeteries. Sec. 361. Cemeteries to be provided. The council shall have power to provide, without the limits of the corporation, places for the interment of the dead. [S. & C, p. 1499, sec. 23.] Sec. 362. Title to be vested in corporation. The title to, and right of possession of all public graveyards and burial grounds located within any city or incorporated village, which have been set apart and dedicated as public graveyards or burial grounds, and grounds which have been used as such by the public but not dedicated, ex- cept such as may be owned or under the care of any religious or benevolent society, or any incorporated company or association, shall be and the same are hereby vested in the corporation where such public graveyard or burial ground is located. [S. & S,, p. 876, sec. 255.] Sec. 363. Board of trustees to be elected. The qualified electors of any city or incorporated village, in which there shall be such grounds, or which shall now or may hereafter, by purchase or otherwise, own a public cemetery or burial ground, shall elect, at the annual election for corporation officers, a board of three trustees, each of whom shall be qualified freehold electors of the corporation, who shall be known as the trustees of cemeteries. [S. & S., p. 872, sec. 247, and p. 879, sec. 272.] 100, THE LAWS OF Sec. 364. Their term of office. Such trustees shall serve without compensation, and they shall hold their office for three years, and until their successors are elected and qualified, except that at the first election under this act, one of said trustees shall be elected for one year, one for two years, and one' for three years, and thereafter one shall be elected annually, and a majority shall constitute a quorum. [S. & S., p. 872, sec. 247, and p. 879, see. 272.] Sec. 365. Vacancies, how filled. All vacancies which may occur in said board shall be filled by appointment of the council, and the person so appointed shall hold his office until the next regular election; and the council shall have power to remove any trustee for inattention to his duties, want of proper judgment, skill or taste for the due discharge of the duties required of him, or other good cause. [S. & S., p. 873, sec. 248.] Sec. 366. Duties of trustees. Said trustees shall take possession and charge, and have the entire management, control and regula- tion of all public graveyards, burial grounds and cemeteries located in or belonging to the corporation, subject to its ordinances, and they shall direct, whenever they may deem it necessary, the lay- ing out of such grounds and cemeteries, into lots, avenues, walks and paths, or other subdivisions, which lots shall be numbered, and the avenues named, and a plat thereof made so as to exhibit a fair and distinct outline of the grounds; and the same shall be kept in the office of the clerk of the corporation for the use of the public. [S. & C, p. 1562, sec. 234; S. & S., p. 874, sec. 252, and p. 876, sec. 255.] Sec. 367. Their powers, etc. Said trustees shall have power to direct all the improvements and embellishments of the grounds and lots, and shall protect and preserve the same, and to appoint, subject to the approval of the council, all necessary superintendents, employes and agents, and determine their term of office and the amount of their compensation. [S. & S., p. 876, sec. 255.] Sec. 368. May institute suits, etc. Said trustees are authorized and required, when necessary, to institute suits in the name of the corporation, to recover the possession of all such grounds, remove trespassers therefrom and recover damages for injuries thereto, or to any tombstone or monument therein, and they shall see that all laws and ordinances passed for the protection of public burial grounds and cemeteries, and the burial of the dead, are enforced. [S. & S., p. 876, sec. 255.] Sec. 369. Shall make by-laws, etc. Said trustees shall make all such by-laws and regulations, not inconsistent with the ordinances of the corporation and the constitution and laws of the state, as MUNICIPAL CORPORATIONS. 101 they shall deem useful and necessary for the management and pro- tection of all such burial grounds and cemeteries, and the burial of the dead therein ; and such by-laws and regulations shall have the same validity as the ordinances of the corporation, and they shall perform all such other duties pertaining to their ofB.ce as the coan- cil of the corporation may, by ordinance, prescribe. [S. & S., p. 880, sec. 273.] Sec. 370. Shall fix price of lots and terms of payment Said trus- tees shall determine the size and price of lots, and terms of pay- ment therefor, and shall give to each purchaser a receipt, showing the amount paid and a pertinent description of the lot or lots sold; and upon producing such receipt to the proper officer, such pur- chaser shall be entitled to a deed for the lot or lots described therein. [S. & S., p. 873, sec. 249.] ^Sec. 371. [As amended. May 2, 1871, 68 L. 130.] Charge for cemetery lots limited. No more shall be charged for 16t8 than shall be necessary to reimburse the corporation for the cost of lands pur- chased or appropriated for cemetery purposes, And to keep in order and embellish the grounds, and provision shall be made for the in- terment in such cemetery of all persons buried at the expense of the corporation. [S. & S., p. 873, sec. 249.] Sec. 372. Sale of lots, etc. Said trustees shall have the entire charge and control of the receipts arising from the sale of lots, and of the laying off and embellishing the grounds; and they may ap- point one of their number to sell lots, receive payment therefor, direct the improvements, and make the expenditures under such rules and orders as they shall prescribe, but notice of such appoint- ment shall, upon being made, be communicated to the council. [S. & S., p. 873, sec. 249.] Sec. 373. Olerk and quarterly report. Said trustees shall appoint a clerk, and keep an accurate minute of all their proceedings, and report quarterly to the council all the moneys received and dis- bursed by them as such trustees. [S. & S., p. 873, sec. 249.] Sec. 374. Annual report to council. Said trustees shall, annually, on the first Monday of April, or as soon thereafter as may be prac- ticable, report in writing to the council the number of lots sold, to whom sold, and the amount received therefor during the year preceding said date, and a detailed statement of the expenditures during the same period, showing the time and purpose of each payment, and to whom made. [S. & S., p. 873, sec. 249.] Sec. 375. Statement as to funds, etc. Such report shall also contain iTMs section differs from the section as originally passed only in the inser- tio n of the words in italics. 102 THE LAWS OP a pertinent statement whether the funds, if any on hand, are in- vested, and the character of the securities therefor, and such other matters as the trustees may deem expedient or the council may require. [S. & S., p. 873, sec. 249.] Sec. 376. Enlargement of grounds. Whenever, in their judg- ment, an enlargement of any burial or cemetery grounds has be- come necessary, or grounds for additional cemeteries should be provided, the trustees shall report the fact to the council, and re- commend such action as they may deem most expedient. Sec. 377. Union of cities, etc., and townships for cemetery purposes. It shall be lawful for the council of any city or incorporated village and the trustees of any township adjacent to or in which such city or incorporated village is situated, to unite in the establishment of a cemetery by the purchase or appropriation of land therefor, not exceeding in extent one hundred acres, to be paid for as hereinafter provided. [§. & S., p. 877, sec. 260.] Sec. 378. JIow appropriations shall be made. When any appro- priation of land for such purpose shall be necessary, such appro- priation shall be made by the corporation for itself and the town- ship interested therein, and the proceedings therefor shall be the same as required by this act where the appropriation is to be made for the use of the corporation alone. Sec. 379. Title, how vested. The title to such cemetery grounds, whether by purchase or otherwise, shall vest in and be held by such corporation in trust for the use of the inhabitants of the cor- poration and township in common, and provision shall be made for the interment in such cemetery of all persons buried at the expense of the corporation or the township. [S. & S., p. 878, sec. 264.] Sec. 380. Expenses, etc., to be pro rata. The expense of such purchase, or of the proceedings in case of appropriation, and the damages awarded, or both, shall be borne by the corporation and township in proportion to the property of each on the duplicate for taxation, and the amount of bonds issued by each in any case, for such cemetery purposes, shall be in the same proportion, and the percentage of taxation for all such cemetery purposes shall be the same in the corporation and the township. Sec. 381. Control and management. The cemetery so owned in common by the corporation and township, shall be under the con- trol and management of the trustees of cemeteries, and their authority over the same and their duties in relation thereto, shall be the same as where the cemetery is the exclusive property of the corporation. [S. & S., p. 878, sec. 267.] MUNICIPAL CORPOEATIONS. 103 Sec. 382. Power to enforce ordinances, etc. The council of any city or incorporated village owning a cemetery in common with any township as aforesaid, shall have full power and authority to pass and enforce all ordinances necessary to carry into effect the provisions herein contained, and such as may be deemed necessary for the preservation and regulation of such cemetery and the pro- tection thereof, and for the punishment of any person or persons violating the ordinances, rules and regulations relating to such cemetery; and the mayor and police officers of such corporation shall have full and complete jurisdiction and authority to enforce all such ordinances, rules and regulations, as if such cemetery grounds were located within or owned exclusively by the corpora- tion. [S. & S., p. 878, sees. 265, 267.] Sec. 383. Discrimination forbidden. !N"o distinction or discrimi- nation of any kind shall be made by the trustees of such cemetery owned in common, in fa,vor of the corporation and against the township, or in favor of the township and against the corporation, but the affairs of the said cemetery shall in all respects be man- aged as though the same were owned and governed in the interests of the corporation or the township alone. Sec. 384. Joint meeting of council and trustees. The council of the corporation and the trustees of the township shall have a joint meeting at the council chamber of the corporation, on the day of the first regular meeting of the council in the month of May of each year, for the purpose of determining the rate of tax to be levied upon the taxable property of the corporation and the town- ship for the purposes herein required ; and upon the passage of a joint resolution by a majority of the members of the council and the trustees, fixing the rate of taxation, it shall be the duty of the clerk of the corporation to certify the said rate to the auditor of ^he county for assessment and collection. [S. & S., p. 878, sec. 263.] Sec. 385. Joint meeting to make rules, etc. The trustees of such township or the council of such corporation may at any time call a joint meeting of the trustees and council, on a reasonable notice given by either, for the purpose of making joint rules and regula- tions for the government of such cemetery, or changing the same, and making such orders as may be found necessary for the appli- cation of the moneys arising from the sale of lots, and from taxes, or otherwise. [S. & S., p. 879, sec. 269.] Sec. 386. Vote and record thereof. In all joint meetings each member of the council and each of the trustees shall .have one vote in determining all questions ; and the proceedings of all joint 104 THE LAWS OF meetings shall be recorded by the corporation clerk. [S. & S., p. 879, sec. 269.] Sec. 387. Public burial ground, etc., may be appropriated. In the establishment of cemeteries as herein provided, any city or incor- porated village and any township may make use of any public burial ground or cemetery ground which may be held by such city, incorporated village or township, and may make use of any land which such city, incorporated village or township may have acquired by dedication, gift or devise for burial purposes. [S. & S., p. 881, sec. 275.] Sec. 388. Purchase of lands, improvements, etc. The council of any city or incorporated village, and the said trustees of any town- ship, may purchase of any cemetery association incorporated under existing laws, the lands, lots, and improvements of such cemetery association remaining unsold, for cemetery purposes, and take a conveyance thereof; but the purchase money in such cases shall be applied to the payment of the legal debts of such association, and to the embellishment and preservation of the land purchased, and such other purposes as the trustees of the cemetery may di- rect. [S. & S., p. 881, sec. 275.] Sec. 389. Bights and titles inviolate. The rights and titles of lot owners, purchased prior to such sale and conveyance, shall not be questioned; and such lot owners shall continue to hold and occupy their lots under such rules and regulations as shall be adopted for the government and regulation of such cemetery by the authorities making such purchase. [S. & S., p. 880, sec. 274.] Sec. 390. Adjoining townships may be admitted to participation, etc. Any township adjoining one in which a cemetery may be established by a municipal corporation and township, may, by consent of the trustees of such township and of the council of the corporation, be admitted to an equal participation with the inhab- itants thereof in the rights and privileges in said cemetery, and upon such terms as may be mutually agreed upon ; but the title and control of said cemetery shall continue vested in the corpora- tion as above provided. [S. & C, p. 1564, sec. 242.] Sec 391. Clerk shall record plat of grounds, etc. It shall be the duty of the clerk of the corpoi'ation to record, in a book to be provided for that purpose, a plat of all grounds for cemetery pur- poses laid out into avenues, walks, paths and lots, and he shall execute to the purchasers of lots such conveyance as may be nec- essary to carry into effect the contracts of sale ; and such convey- ance shall, at the expense of the person receiving it, be recorded MUNICIPAL CORPORATIONS. 105 in a book to be kept for that purpose, by the clerk of the corpo- ration. [S. &. C, p. 1562, sec. 235.] Sec. 392. Power of council over burial grounds, etc. The council of any city or incorporated village owning a public burial ground or cemetery, whether within or without the corporation, shall have full power to pass all ordinances necessary to carry into effect the provisions herein contained, and to regulate such public burial grounds and cemeteries, the improvement of the same and the burial of the dead therein, to define the tenure and conditions on whicli lots therein shall be held; to protect such public burial grounds and cemeteries and all fixtures thereon ; and to provide for the punishment of all violations of such ordinances. [S. & C, p. 1563, sec. 237.] Sec. 393. Burials may he prohibited within corporate limits. The council may prohibit the interment of the dead within the corpo- ration limits, and, for the purpose of making such prohibition effective, may not only impose proper fines and penalties, but shall also have power to cause any body, interred contrary thereto, to be taken up and buried without the limits of the corporation. [S. & C, p. 1499, sec. 23.] Sec 394. Power limited as to villages. Incorporated villages shall not have the power to prohibit the interment of the dead in any cemetery in use at the time of the incorporation of such vil- lage, except in such portions thereof as may not now be used for such interment. [S. & S., p. 791, sec. 1.] Sec. 395. Bond may be required of disbursing trustee. The coun- cil shall have power, in their discretion, to require the trustee who may be authorized to receive and disburse the moneys arising from the sale of lots, or otherwise, to enter into a bond to the cor- poration, with sufficient sureties, conditioned for the faithful per- formance of his duty as such trustee, and to pay over all moneys by him received, which, shall be filed in the office of the corpora- tion clerk. Sec. 396. Appplicability to existing cemeteries. The provisions of this chapter relating to the establishment of cemeteries by mu- nicipal corporations and township trustees, shall govern cemeteries already so established, so far as the same may be applicable. 106 THE LAWS OP CHAPTBE XXVII. PUBLIC GROUNDS AND TARKS. Section Section 397. Appointment of park commiBsioners. 399. Their powers and duties. 398. To serve without compensation, etc. 400. Police jurisdiction over parks, etc. Sec. 397. Appointment of park commissioners. Whenever the council of any city or incorporated village shall, by resolution, determine to lay out and improve any public grounds or park, it shall be the duty of the mayor to appoint, with the consent of the council, three resident freehold electors of the corporation as com- missioners for that purpose, one of whom shall be appointed to serve for one year, one for two years, and one for three years, and thereafter one commissioner annually to serve for three years. [S. & C, p. 1558, sees. 209-215, and p. 1559, sec. 216.] Sec. 398. To serve without compensation, etc. Said commissioners shall constitute a board to be called the "Park Commissioners," and they shall serve without compensation, and in incorporated villages, whenever the council may deem expedient so to declare by resolution, one or more of the said commissioners may be ap- pointed from the members of such council. ' Sec. 399. [As amended, April 18, 1870, 67 L. 76.] Officers of public grounds and parks. Said commissioners shall have power to appoint a superintendent and all other necessary employes, and fix their compensation, such compensation to be subject to the ap- proval of the council, and prescribe their duties, and generally they shall have the same powers and perform the same duties, so far as applicable, as are vested in and required to be performed by the trustees of cemeteries, as provided in chapter twenty-six. [S. & C, p. 1558, sec. 210.] Sec. 400. Felice jurisdiction over parks, etc. When such park or public grounds shall be situated without the limits of the city or incorporated village, the council shall have power, and may by ordinance extend the police jurisdiction of the corporation own- ing such park or grounds, over the same, in the same manner and to the same extent as if situated within the limits of the corpora- tion. [S. &. C, p. 1549, sec. 183.] 1 This section differs from the section origirially passed only in the insertion of the words in italics. MUNICIPAL CORPORATIONS. 107 CHAPTEE XXVIII. PUBLIC HALLS. Section Section 401. Councils may erect public halls. 403, Appointment of superintendent, etc. 402. Enlargement, etc., of public halls. 404. Council to have control of balls. Sec. 401. Councils may erect public halls. The couacil of any- city or incorporated village shall have power to erect, enlarge, im- prove and complete any public hall, which shall be used for the public oflSces of the corporation, and such public and other pur- poses as the council may authorize. [S. & S., p. 783, sees. 1, 2, 8, and p. 887, sec. 300.] Sec. 402. Enlargement, etc., of public halls. All the power herein conferred on any council, in relation to the erection, en- largement, improvement and completion of any public hall, shall apply to and be conferred on any council in the erection, enlarg- ing, improving and completing any addition or additions to any public hall, now owned by the corporation, or which maj'^ be here- after erected. Sec. 403. Appointment of superintendent, etc. For the complete execution of the powers in this chapter granted, the council shall have power to appoint a superintendent or architect, or both, and Buch other persons as may be deemed necessary, and to provide for the making of all necessary contracts, and prescribe rules and regulations for the government of all such employes. Sec 404. Council to have control of halls. Such hall, when completed, shall be under the control of the council, and the coun- cil shall haVe the same power in relation to the preservation and repair thereof as in its original construction or improvement. 108 THE LAWS OF CHAPTBE XXIX. DIVISION INTO WARDS. Section Section 405. Boundaries, etc., of wards to be established 408. Boundaries of wards by streets, alleys, by ordinance. etc. 406. Publication of notice of ordinance. 409. Electionof representatives of new wards. 407. Wards in annexed territory. 410. Effect of change of wards on members of council. Sec. 405. Boundaries, etc., of wards to be established by ordinance. Whenever the corporate limits of any city or incorporated village shall hereafter bo altered, extended or reduced, or the population thereof, or of any ward or wards thereof, has been or may be so increased or diminished as to render, in the opinion of the coun- cil, a division or re-districting of the corporation into wards, or a change in the boundary of any ward or wards necessary, the same may be done by ordinance at' any regular meeting of the council. [S. & S., p. 891, sees. 313, 314.] Sec. 406. Publication of notice of ordinance. Upon such ordi- nance being introduced, the council shall, by resolution, require the clerk to give notice of the pendency of the same, and of the proposed change, increase or reduction of boundaries, in some newspaper published and of general circulation in the corporation, for the period of three consecutive weeks prior to any action being taken thereon. Sec. 407. Wards in annexed territory. When territory is an- nexed to any corporation, or one corporation is annexed to an- other corporation, such territory or corporation so annexed may be organized into a new ward or wards, or attached to any existing ward or wards, as the council may deem proper. Sec. 408. Boundaries of wards by streets, alleys, etc. All wards which may hereafter be established, and all changes in existing wards, shall be bounded by streets, alleys, avenues, public groundsi or corporation lines, and be composed of adjacent and compact ter- ritory; and the several wards, at the time of re-districting, shall contain as nearly an equal number of inhabitatnts as may be practicable. Sec. 409. Election of representatives of new wards. Whenever any change in the number of wards or alteration in the bounda- ries of any ward shall be made, or new wards shall be established, there shall be no election for members of council or ward officers MUNICIPAL CORPORATIONS. 109 until the next ensuing annual election for corporation officers. [S. & S., p. 891, sec. 313.] *Sec. 410. [As amended, April 1, 1871, 68 L. 53.] Election of members of council, and term of office. The members of councils of cities shall be elected, one in each ward, one in each alternate year, ea^cept in case of vacancy or the creation of new wards; and when at the first election in a new ward two members are to be elected, the mayor in his proclamation shall require, and the electors shall vote for one member for one year and for one member for two years, des- ignating the term on their ballots. Nothing in this chapter shall he construed to limit or abridge the term of office of any member of the council. [S. & S., p. 891, sec. 314.] CHAPTEK XXX. STREET RAILROADS. Section » Section 411. street railroads authorized by ordinance. 413. Grade of streets rfMB^ railroads are con- 412. Notice of application for ordinance to be structeil. 'wS| published. 414. Pavement of strofts where railroads are constructed. Sec. 411. Street railroads authorized by ordinance. The council, on the written application of any corporation, individual or indi- viduals, desiring to construct any street railroad in any city or in- corporated village, before the work of constructing such road be commenced, shall, by ordinance, grant permission therefor, and prescribe the terms and condition upon, and the manner in which such road shall be constructed and operated, and the streets and ave- nues which shall be used and occupied therefor.' [S. & S., p. 137, sec. 105.] * Sec. 410. [As originally pasBed.] Effect of change of wards on members of council. ^Nothing in this chapter contained shall be coiiBtrned to limit or abridge tlic term of office of any member of the council ; and whenever u shnM so happen thai, hij reason of the alteration of any boundary of any ward or wards, or change in the number of the wards, tlie number or nvmbers of the ward in which any member or mmn- bers may reside shall be changed, he or they shall he deemed and taken to represent that ward in which he or tJiey may, after such change, reside during the remainder of his or their term of office. Sec. 410. [As amended, April 18, 1870, G7 L. 77.] Term of office of members ofccnncil. Nothing in this chapter contained shall be construed to limit or abridge the term of office of any member of the council. 1 Section 5 of tho act of April 10, 1861 {58 L. 66), which provides "that hereafter no' street railroad shall be constructed or commenced until the consent of the city council or corporate authorities of the city^ ioivn, or vil- lage wherein such road is to be constructed, shall have been first ob- 110 THE LAWS OF ^Seo. 412. [As amended, April 18, 1870, 67 L. 77.] Relative to street railroads. No ordinance for such purpose shall be passed until public notice of the application therefor has been given by the clerk of the corporation, in one or more of the daily papers, if there be such, and if not, then in one or more of the weekly papers published in the corporation, for the period of at least three con- secutive weeks; and no such grant shall be given except to the corporation, individual or individuals that will agree to carry pas- 'This section differs from the section as originally passed only in the addi- tion of the words in italics. tained ; and it shall be competent for the city council or corporate authori- ties of any city, town, or village, to agree with any street railroad company organized in pursuance of this act, or with any individual or company of individuals desiring to construct a street railroad in such city, town, or vil- lage, uopn the manner and upon the terms and conditions upon which such corporation, individual, or company of individuals, shall construct and operate a street railroad in such city, town, or village; provided," etc. (relating to cer- tain cities of the firstclass), does not apply to incorporated villages for special purposes, hut ijlme are governed by section 1. Where a street railroad com- pany agreed MB a turnpike company upon the terms and conditions on which their traoiifeould be laid on the turnpike, they complied with this law. [The Cincinnati and Spring Grove Avenue Street Railway Go. v. The Incorporated Village of Cumminsville et al., 14 Ohio St. 523.] The legislature may authorize the use of the streets or highways in any manner calculated to further the general objects of the acquisition, but not to purposes which exclude the original uses, and a street railroad does further such general objects, provided the private rights of the adjoining proprietors are not infringed upon. [Ibid. 523, 544.] When the public authorities or a turnpike company have established the grade of and improved the road, and the lot owners have conformed their improvements thereto, the authorities or company could legally make no change which destroyed or impaired access to their buildings, without making full compensation for the injury; and they can confer no greater rights on the street railroad than they have themselves. [Ibid. 523, 549.] If such injury will result from laying the track on the side of the street, it is an infringement of private rights, though it be found by the court that when the interests of the company and of the general public are taken into the account, the location would be as little injurious as in any other part of the highway. [Ibid. 524, 550.] A city council which has control of the streets is the judge of what is most beneficial to the public, and may authorize their use for purposes not incom- patible with the public use of the street, as for a railroad, if no private rights are interfered with. [Sargent v. 0. and M. R. R. Co., 1 Handy, 52.] Such an obstruction of the streets, so authorized, is not a nuisance. [Ibid.] Under section 12 of the general railroad act of 1852, a municipal corpora- tion, in agreeing with a railroad company on the terms and conditions on MUNICIPAL CORPORATIONS. Ill sengers upon such proposed railroad at the lowest rates of fare, and shall have previously obtained the written consent of a majority of the property holders on the line of the proposed street railroad repre- sented by the feet front of lots abutting on the street along which such road is proposed to be constructed} [S. & S., p. 137, sec. 106.] which said company may occupy the public grounds, may demand and receiye compensation for the injury to the general puhlio use resulting from such occupation. [TAe City of Cincinnati v. The Pendleton and Fifth Street Market Space Passenger R. P. Co., No. 575, Superior Court of Cincinnati, General Term, Hoadly, Storer, and CoflBn, JJ.; Hoadly, J., delivering the opinion of the court.] Such compensation may he fixed by agreement, and made to depend on the amount of business transacted by the company, as by a payment of one cent for each passenger carried. [^Ibid.'\ Where street railroad companies and the city council of a city, under sec- tion 12 of the general corporation act of 1852, entered into a contract to sell tickets in packages of twenty-five for a dollar, and also to abide by and per- form the provisions of a certain specified ordinance, and of all the resolutions and ordinances thereafter passed by the city council on the subject : Held, that such contracts were valid under said section, and that the stipu- lations as lo the sale of twenty-five tickets for one dollar was one which the city had a right to make, under the power therein contained to agree "upon the manner and upon the terms and conditions upon which" the streets could be occupied. That were it not so, the companies having been reorganized under the street railroad act of 1861, and having obtained from the city council several modi- fications of the contracts and enjoyed the benefits thereof, had ratified and confirmed them, and could not now be permitted to repudiate them. Under the power to pass subsequent ordinances, the council could require the tickets to be kept for sale on the cars. Under the revenue acts of congress, the companies were bound to sell these packages of twenty-five for one dollar and three cents. The city had a right to have the performance of the contract enforced by a decree for specific performance, and also to a provisional injunction. [The City of Cincinnati v. The Street Railroad Companies, Superior Court of Cin- cinnati, Opinion of Taft, J., at Chambers; Storer and Fox, JJ., assisting and concurring. This decision has been affirmed at General Term, and the case is now in the Supreme Court.] But the city has no right to enforce compliance with the terms of the con- tract by the police, or order the track torn up, or the running of the cars stopped, if it thinks the company is violating them. The stipulations are in the nature of a contract, and the city must resort to the courts like any other party, if it desires to enforce them. If it threatens to use the police, it will be restrained by injunction. [3%e Cincinnati Street R. R. Co. v. The City of Cincinnati, Hamilton District Court.] lUnder a statute which provided that; "Sec. 15. That the said city council shall not hereafter permit to be constructed, in either of the streets or avenues of the said city, a street railroad for the transportation of passengers, without 112 THE LAWS OF Sec. 413. Grade of streets where railroads are constructed. Before any street railroad shall be constructed on any street of lees width than sixty-seven feet, with a roadway of forty feet or under, the council shall provide that the crown of the street shall be made a nearly flat uniform curve from curb to curb, without ditch gutters, and in such manner as to give all wheeled vehicles the full use of the roadway up to the face of the curb, after the plan of the streets now adopted in the cities of Philadelphia and New York. [S. & S., p. 139, sec. 114.J Sec. 414. Pavement of streets where railroads are constructed. The council shall have power to require any part or all of the track between the rails of any street railroad, constructed within the corporate limits, to be paved with gravel, boulders or the Nicholson wooden pavement, as may be deemed proper; but with- out the corporate limits, paving between the rails with boulders, or the Nicholson wooden pavement, shall not be required. CHAPTER XXXI. GAS COMPANIES. Section Section 415. Councils may regulate price of gas, etc. 420, A temporary failure sliall work no for- 416. Minimum not to be reduced during terra feiture. agreed upon. 421. Gas measurers may be appointed. 417. When council may occupy streets for gas 422. Exclusive monopoly shall not be allowed purposes, etc. to gas companies, etc. 418. Gas companies may be permitted to oc- 423, Council may erect or purchase gas works. cupy streets. , 424. Trustees of gas works. 419. Forfeiture of charter for neglect to fur- 425. To be elected at annual election. nish gas, etc. 426. Powers of board of trustees. 427. Laying of gas pipes, and expense thereof. Sec. 415. Councils may regulate price of gas, etc. The council of any city or incorporated village, in which gas companies or gas the consent of a majority in interest of the owners of property upon the street or avenue in which such railroad is to he constructed being first had and obtained ;" such consent is a prerequisite to the power of council to grant such permission, and the action of the council in granting such permission is not conclusive, against the property owners on the street, of the fact that the requisite majority have given their consent to the construction of the railroad proposed. [^Roberts v. Easton, 19 Ohio St. 78.] Consent to the laying of a single track can_not be counted as consent to the laying of a double track. [TSirf.] When a grant has been made without the consent of the owners of prop- erty, they may enjoin the construction of the road, llbid.'] MUNICIPAL CORPORATIONS. 113 light and coke companies may be established, are hereby empow- ered to regulate from time to time the price which such gas or gas light and coije companies may charge for gas furnished by such companies to the citizens, public grounds and buildings, streets, lanes, alleys, avenues, wharves and landing places; and said gas light or gas light and coke companies shall in no event charge more for any gas furnished to such corporation or individuals than the price specified by ordinance of such council ; and such council shall also have power to regula,te and fix the price which such companies may charge for the rent of their meters. [S. & C, p. 1534, sec. 129.] Sec. 416. Minimumnot to be reduced during term agreed upon. In case the council fix the minimum price at which they shall require any company to furnish gas to the citizens or public buildings, or for the purpose of lighting the streets, alleys, avenues, wharves, landing places and public grounds, for a period not exceeding ten years, and the company assents thereto by written acceptance filed in the office of the clerk of the corporation, it shall not be lawful for the council to require said company to furnish gas at a less price during the period of time agreed on, not exceeding ten years as aforesaid. [S. & C, p. 1537, sec. 142.] Sec. 417. When council may occupy streets for gas purposes, etc. If such companies shall at any time be required by the council to lay pipes and light any street, alley, avenue, wharf, landing place, public ground or building, and shall refuse or neglect for six months after being notified by authority of the council to comply with such requirement, the council may lay pipes and erect gas works for the lighting of said streets, alleys or public grounds, and all other streets, alleys and public grounds not already lighted ; and said gas companies, or gas light and coke companies, shall thereafter be precluded from using or occupying any of the streets, alleys, public grounds or buildings not already furnished with gas pipes of such companies, and the council may open any street for the purpose of conveying gas as aforesaid. [S. & C, p. 1534, sec. 130.] Sec. 418. Gas companies may be permitted to occupy streets. The council may at any time after the default mentioned in the pre- ceding section, permit such gas companies to use and occupy the streets, alleys and public grounds of such corporation for the pur- pose of lighting the same, and furnishing gas to the citizens and public buildings. [S. & C, p. 1538, sec. 143.] Sec. 419. Forfeiture of charter for neglect to furnish gas, etc. A neglect to furnish gas to the citizens and other consumers of gas, 114 THE LAWS OF or to the corporation, by any company, in accordance with the prices fixed and established by the council from time to time, shall forfeit all rights of such company under the charter by which it has been established; and the council may proceed to erect, or by ordinance empower any person or persons to erect gas works for the supply of gas to such corporation and its citizens; provided, that nothing in this section, or in sections 416 and 417, shall oper- ate to impair or affect any contract heretofore made between any municipal corporation and any gas light and coke company. [S. & C, p. 1535, sec. 131.J Sec. 420. A temporary failure shall work no forfeiture. A tem- porary failure to furnish gas shall not operate as a forfeiture, unless such failure shall be through the neglect or misconduct of such gas light or gas light and coke company. [S. & 0., p. 1538, sec. 144.] Sec. 421. Gas measurers may be appointed. The council of any corporation in which gas works may be constructed, may provide by ordinance for the appointment of one or more gas measurers, whose duty it shall be to inspect all gas meters and certify the correctness of all bills made against the consumers of gas, and perform such other duties as may be prescribed by ordinance. [S. & C, p. 1535, sec. 132.] Sec. 422. Exclusive monopoly shall not be allowed to gas companies, etc. It shall not be lawful for any council to agree by ordinance, contract or otherwise, with any person or persons, for the con- struction or extension of gas works for manufacturing or supplying the corporation or its inhabitants with gas, which shall give or continue to any person or persons making such agreement with the council, the exclusive privilege of using the streets, lanes, com- mons, or alleys, for the purpose' of conveying gas to the corpora- tion or the citizens thereof, or which shall deprive the council of the right to designate the kind of meter to be used for the correct 'The city council of Cincinnati could not, without clear legislative author- ity, grant to any person or corporation an exclusive right to use the streets and alleys of the city for the purpose of laying down pipes for conveying gas to he used in lighting the city, for a term of twenty-five years, and thereafter until the gas works, pipes, fixtures, etc., of the grantee should he purchased by the city. To enable the city council to grant such an exclusive right by ordinance, in the nature of a contract, the power must be shown to have been expressly granted, or to be so far necessary to the proper execution of the powers which are expressly granted, as to make its existence free from doubt. No such grant of power to the city council is to be found, either in the city charter of March 1, 1834 (32 0. L. L. 244), or in the third section of the amendatory act of March 16, 1839 (37 O. L. L. 297). The right to such use MUNICIPAL COEPORATIONS. 115 measurement of the gas furnished under such agreement and to provide for inspecting or regulating the same, or which shall not specify the exact quality of the gas to be furnished, and reserve to the council the right to enforce an exact compliance with such specification, under such rules as the council may prescribe; nor shall the council make any such agreement which shall not secure to the council the right to purchase such works and all the appur- tenances belonging thereto, at any time within the existence of such contract or agreement. [S. & S., p. 902, sec. 347.] Sec. 423. Council may erect or purchase gas works. The council of any city or incorporated village shall have power, whenever it may be deemed expedient and for the public good, to erect gas works at the expense of the corporation, or to purchase any gas works already erected therein. [S. & C. 1534, sec. 130; S. & S., p. 902, sec. 348.] Sec. 424. Trustees of gas works. When such purchase shall have been made, said council shall appoint a board of five trustees, who shall manage the said gas works and supply said corporation and the citizens thereof with gas, until their successors shall be elected and qualified, as hereinafter provided. [S. & S., p. 903, sec. 349.] Sec. 425. To he elected at annual election. At the annual election of the public streets is a franchise, and must emanate, either directly or indi- rectly, from the legislature. [The State of Ohio, ex rel. the Attorney General, v. The Cincinnati Gas Light and Coke Co., 18 Ohio St. 262.] The use of the streets for such purposes for twenty years does not bar an inquiry into the right of their exclusiye use. [76i(?.] A previous judgment in favor of the defendant, upon information in the nature of a quo warranto, filed by the prosecuting attorney of Hamilton county, upon an individual relation, is not a bar to a subsequent information of a similar character, filed by the attorney general in the exorcise of the dis- cretion given him by statute, llbid.'] Sections 30, 31, and 32, of the act of March 11, 1853 (S. & C. 1534), and the supplementary act of April 5, 1854 (S. & 0. 1537), which authorize city councils to fix the price to be charged for gas, operate as amendments to the defendants' charter. [Ibid.J An injunction against the city of Cincinnati's enforcement of such an ordi- nance will not prevent proceedings by the state in quo warranto for disobedi- ence thereof, [lbid.1 The act of 1854 did not so modify the acts of 1853 as to require the consent of the defendant to enable council to fix the price. The only effect of the consent was to change a repealable ordinance into a contract. [Ibid.'] The good faith of the members of council in the passage of the ordinance may be inquired into. [Ibid."] [The laws construed in this case, except the provisions in the original char- ter, are re-enacted almost verbatim in this and the two following sections of the Code.] 116 THE LAWS OP occurring next after such purchase, the qualified voters of the cor- poration shall elect a board of five trustees, to be known as the Trustees of Gas Works, who shall hold their oflSco for the term of five years, except that at the first election one trustee shall be chosen for one year, one for two years, one for three years, one for four years, and one for five years; and thereafter one trustee shall be elected annually; and said trustees shall not receive any com- pensation for their services. [S. & S., p. 903, sec. 350.] Sec. 426. JPowers of hoard of trustees. The said board shall have power to construct gas works, extend gas pipes, manufac- ture and sell gas and coke, collect gas bills and other moneys due for gas, coke, or other material sold by them, and disburse the same; to manage, conduct and control said gas works; to pre- scribe by by-laws the price of gas and coke, under such rules and regulations as, by ordinance, the council may prescribe, and the manner of using gas; and to carry into effect the provisions of this section, shall also have power to purchase material, employ laborers, appoint officers, purchase or lease the necessary real estate, and erect buildings thereon ; and they shall be required to report to the council as often as said council may deem proper. [S. & S., p. 903, sec. 351.] Sec. 427. Laying of gas pipe, and expense thereof. The council may prescribe, by ordinance, for the laying down of gas pipes in all highways about to be paved, macadamized, or otherwise per- manently improved, and for the assessment of the cost and ex- pense thereof upon the lots or parcels of land adjoining or abut- ting upon the highways in which the same are laid ; but in no case excepting as a sanitary measure, shall the council require any house connections to be built further from the main pipe than the outer line of the curb stone. [S. & S., p. 858, sec. 194, and p. 862, sec. 209,] CHAPTEE XXXII. LIGHTING BRIDGES AND RAILWAYS. Section Section 428. Council may provide for lighting bridges. 432. When council may cause lighting to be 429. Ordinance for that purpose. done. 430. Character of the ordinance. 433. Expense to be a lien upon bridge. 431. Notice of requirement to light bridge to 434. How lien may be enforced. be given. Sec. 428. Council may provide for lighting bridges. The council of any city or incorporated village may provide for lighting any MUNICIPAL CORPORATIONS. 117 bridge located in whole or in part in the corporation, owned by any individual, company, association or corporation, and also for lighting any portion of any railway within the same. [S. & C, p. 1502, sec. 26; S. & S., p. 890, sec. 310.] Sec 429. Ordinance for that purpose. Whenever it shall be deemed necessary by the council of any city or incorporated vil- lage to have such bridge or railway lighted, the council shall pass an ordinance for that purpose, requiring the individual, company, association or corporation owning the same, to light such bridge or railway within a specified time. [S. & C, p. 1502, sec. 26 ; S. & S., p. 890, sec. 311.J Sec. 430. Character of the ordinance. The ordinance shall specify the manner in which such bridge or railway shall be lighted, and the number and style of lamp posts and lights and fixtures, and the time such lights shall be kept burning in each twenty-four hours. [S. & C, p. 1502, sec. 26 ; S. & S., p. 890, sees. 310, 311. Sec. 431. Notice of requirement to light bridge to be given. Notice of such requirement to light any bridge or railway, shall be given at least twenty days before any penalty or charge shall be im- posed for default. Such notice may be given by delivering to any owner, or part owner, or any person having possession, charge or management of such bridge or railway, a written or printed copy of the ordinance. [S. & S., p. 890, sees. 310, 311.J Sec 432. When council may cause lighting to be done. Should the owner or owners of such bridge or railway neglect or fail to do said lighting, in conformity with the provisions of such ordi- nance, for twenty days after notice, as aforesaid, the council may immediately proceed to cause such lighting to be done at the ex- pense of the owner or owners of such bridge or railway. [S. & 0., p. 1502, sec 26; S. & S., p. 890, sees. 310, 311.J Sec 433. Expense to be a lien upon bridge. The council may direct the manner in which the expense of such lighting shall be assessed ; and when assessed the amount shall be due and payable, and shall be a lien on such bridge and the land on which the same is built, or upon the real estate of the railway company, as the case may be. [S. & C, p. 1502, sec. 26 ; S. & S., p. 890, sees. 310, 311.J Sec 434. JIow lien may be enforced. Such charge may be col- lected or the lien enforced, in the manner pointed out in the chap- ter providing for the assessment of damages and expenses for making public improvements. [S. & C, 1502, sec. 26; S. & S., p. 890, sees. 310, 311. 118 THE LAWS OF CHAPTBE XXXIII. SPRINKLING STREETS. Section Section 435. When council may order Bprinkling of 437. Assessment a lien on lands charged. streets. 438. Expense of collecting to be added to as- 436, Assessment for expense of sprinkling. scssment. ^Sec. 435. [As amended, May 18, 1870, 67 L. 77.] When coun- cil may order sprinkling of streets. On written petition of not less ■th&n two-thirds of the owners of feet front of the land fronting on any street, or any specified part thereof, the council of any city or in- corporated village may order such street, or specified part thereof, to be sprinkled with water, at such time or times as the council may deem proper, and such sprinkling may be done by contract in each case, or for the entire city or specified district thereof, or may be performed by the city in connection with the street cleaning depart- ment. [S. & S., p. 903, sec. 552.] Sec. 436. Assessment for expense of sprinkling. To pay the ex- pense of such sprinkling, they may make assessments on the lands abutting on such street, or specified part thereof, either on the valuation thereof, as listed for taxation, or by the foot front, and such assessments may be enforced by suit against the owner or occupant of such land, or part thereof, or certified to the county auditor, and by him placed on the county duplicate, s^nd collected by the county treasurer as other taxes are or may be collected ; provided, that this section shall not apply to premises held and used by any religious society exclusively as a place for public worship, unless such society shall have joined in the petition men- tioned in the last preceding section. [S. & S., p. 903, sec. 552.] Sec. 437. Assessment a lien on lands charged. All such assess- ments shall be a lien on the lands charged, from the time the council determine the amount assessed against each parcel of land. [S. & S., p. 903, sec. 552.] Seo, 438. Expenses of collecting to be added to assessment. In placing such assessment on the duplicate, the county auditor is hereby authorized and required ta add to each assessment such additional per centum as he may deem necessary to defray the ex- penses of collecting the same. 1 This section differs from the section as originally passed only in the require- ment of a petition by two-thirds of the owners, instead of one-half, and the addition of the words in italics. MUNICIPAL OOKPORATIONS. 119 CHAPTER XXXIV. CONTROL OF STREETS, BRIDGES, AND VEHICLES.' Section Section 439. Council to have control of streets, public 441. Council may prescribe width of tires, fix grounds, etc. rates of transportation, etc. 440, Acceptance of dedication of streets by council. Sec 439. Council to have control of streets, public grounds, etc. The council shall have the care, supervision and control of all public highways, bridges, streets, avenues, alleys, sidewalks and public grounds within the corporation, and shall cause the same to be kept open and in repair, and free from nuisance. [S. & C, p. 1514, sec. 63.] Sec 440. Acceptance of dedication of streets by council. Wo street or alley, which has been or may be dedicated to p,ublic use by the proprietor of ground in any corporation, shall be deemed a public street or alley, or to be under the care or control of the council, unless the dedication shall be accepted and confirmed by an ordinance specially passed for such purpose.^ [S. & C, p. 1514, sec. 63.] Sec 441. Council may prescribe width of tires, fix rates of trans- portation, etc. The council shall have power to prescribe the width of the tires of all wagons, carts, drays, and other vehicles, used in the transportation of persons from one part of the cor- poration to another, or in the transportation of coal, wood, stone, lumber or iron, or other articles in the corporation; to establish ' See note at end of chapter. ^Section 63 of the municipal corporation act, which contained a provision differing only verbally from this (S. & C. 1514), is not intended as a limitation upon the general powers of the corporation for opening and improving streets, but as a restriction to prevent proprietors, who may lay out ground into lots within the limits of the corporation, from vesting in the corporation the title to streets and alleys, and thus charging the corporation, without its consent, with the duty of keeping them open and in repair. [ Wisby v. Bonte, 19 Ohio St. 238.] When the city council, in an ordinance, recognize the street by name, and ordered its improvement as a public way, and the improvement was made, these acts necessarily constituted an acceptance or adoption of the street by the city, and the right of the city to its care, supervision and control is not impaired by the section referred to. ^Ibid. 238, 247.] 120 THE LAWS OP stands for hackney coaches, cabs, omnibuses, and enforce the ob- servance and use thereof, and to fix the rates and prices for the transportation of persons and property in such coaches and other vehicles, from one part of the corporation to another. [S. & C, p. 1514, sec. 63.] County commissioners have power to establish county roads, though one or hoth of the termini are within a municipal corporation, unless the charter of the corporation expressly limits the power of the commissioners within its limits. IWells y. McLaughlin, 17 Ohio, 99; JButman v. Fowler, 11 Ohio, 101.] ■WHO CAN DEDICATE LAND. A dedication, by the equitable owners of a town, of a parcel of ground for public uses, is valid, and their trustee, holding but a naked legal title, is hound to respect such dedication. [ Williama v. tirat Presbyterian Church, 1 Ohio St. 478.] A wife can not claim dower in land which her husband during her lifetime dedicated to public use. [^Qwynne v. Cincinnati, 3 Ohio, 24.] TO WHOM IT CAN BE DEDICATED. Such a dedication can be made, although there is no grantee in esse at the time capable of taking the fee. [Williams v. The First Presbyterian Church, 1 Ohio St. 478, 509 ; Le Clercq v. Oallipolis, 7 Ohio, part 1, p..218 ; Brown v. Man- ning, 6 Ohio, 298 ; Lessee of Bryant v. McCandless, 7 Ohio, part 2, p. 135.] Land can be dedicated only to a strictly public use. It can not be dedi- cated for a railroad depot where the direct beneficiary is a private corpora- tion. The public must be the direct beneficiary. [Todd v. Pittsburg, Ft. Wayne and Chicago R. R. Co., 19 Ohio St. 514.] HOW IT MAT BE DEDICATED. Before the statute required town plats to be recorded, a valid dedication could be made by plat without record. [ Williams v. The First Presbyterian Church, 1 Ohio St. 478.] When an agent has recorded a town plat, and the principal has recognized it by referring to it in his deeds and describing land by reference to it, it is a valid dedication, and neither parol evidence of declarations of the donor, nor presumed intentions, can be received to direct it to a different purpose. [Brown V. Manning, 6 Ohio, 298.] "When lots are marked on a plat for "public uses," and the county authori- ties occupy them for some years for a court house and jail, and then lease them out to private individuals, reserving rent to the county, and a jury find in a special verdict that the occupancy by the county authorities was with the consent and approbation of the inhabitants of the town, and in strict accord- ance with the objects had in view by the original donors, the town has no such interest in the lots as will enable them to sustain ejectment against the commissioners, though the jury find that in appropriating the property to private use the object of the original grant was departed from. [Lessee of Cincinnati v. Com'rs of Hamilton Co., 7 Ohio, part 1, p. 88.] No particular words or ceremonies or forms of conveyance are necessary to render the act of dedicating land to public uses effectual. Anything which MUNICIPAL CORPORATIONS. 121 fully demonstrates the intention of the donor or (and) the acceptance by the public works the effect. [Le Clercqv. OallipoUs, 1 Ohio, part 1, p. 218.] Property marked on a town plat as public ground will be presumed, in the absence of explanatory evidence, tp be a public square for the use of the town. ]_Lebanon v. Com'rs of Warren Co., 9 Ohio, 80.] When the words of dedication are ambiguous, contemporaneous acts and declarations of the donors may be admitted to explain them; but a deed to the commissioners, made six years after the recording of the plat, and sub- scriptions made for the erection of a court house two years after, but not paid until six years after, such record, and the erection of a court house at the same time, are too long after the grant to explain its meaning. [74irf.] The occupation of lots by a court house and jail is not inconsistent with the use of the property being in the town. [Ibid.'] The town can enjoin the commissioners from leasing the lands under such circumstances. [Ibid.2 When a road has been laid out and used for many years, it is not necessary that every preliminary step directed to be taken in establishing it should be proven by existing papers or records. lArnold v. Flaitery, 5 Ohio, 271.] When a street parallel to a river is contained between two parallel lines, and the words written on it, "width, 66 feet,'' the plat negatives an intention at that time to dedicate the ground between the lower line of the street and the river to the public. \_McLaughlin v. Stevens, 18 Ohio, 94.] The recording of a plat not executed and acknowledged in accordance with the statute is not authorized, and consequently such record is not per se evi- dence. Nor is it made evidence by proof that some persons regarded it in building and some did not. \_Satchell v. Doram, 4 Ohio St. 542.] Proof of an alley provided for the use of the adjoining proprietors is not proof of a public alley. [Ibid.] A deed calling for an alley at a distance of seventy feet, more or less, from a street, does not estop the grantee from denying the existence of an alley sixty feet from the street. [Ibid-I A dedication of ground for public uses may be made in Ohio either under the statute or according to the rules of the common law. [Fulton v. Mehren- feld, 8 Ohio St. 440.] When a valid dedication of a street has been made in eithe-r form, an action may be maintained by the proper municipal corporation to recover the posses- sion from one who wrongfully withholds it. [Ibid.] A statutory dedication, under the statute of February 14, 1805 (22 L. 301), operated to transfer the estate by way of grant, requiring no assent on the part of the public, and to be effective as a statutory dedication, the forms required by the statute, as to acknowledgment and recording, must be com- plied with. [Ibid.] To constitute a valid dedication at common law, there must be not only an intention to dedicate, and an actual dedication to public uses by the owneri but also an acceptance of such dedication by the public. All these may be shown by the acts of the parties and the surrounding circumstances. [Ibid.] A defective dedication, under the statute, is evidence as an act in pais of a dedication at common law by the owner. [Ibid.] The public may accept a portion of a street dedicated at common law, 122 THE LAWS OF without the whole. As to each poi'tion, the question of an acceptance is a question of fact, to be determined from the surrounding circumstances. [J4M.] [This case in the court below will be found in 1 Disney, 151.] Mere silent acquiescence of the owner of land in the use of a public road across it for a period of less than twenty-one years is not conclusive proof of a dedication thereof to public uses, but only evidence, more or less significant, tending to prove such dedication. • [Penquite v. Lawrence, 11 Ohio St. 274.] It is error in a court to charge the jury, "substantially, that such use was, as a matter of law, a dedication, and not mere evidence of a dedication to be weighed and considered by them." [Ibid. 277.] Use, by a municipal corporation, of property which it holds by absolute title in tee, for a period of forty years as a market space, does not constitute a dedication of the land to the public for market purposes. The corporation was simply exercising its proprietary rights therein. IQall v. Cincinnati, 18 Ohio St. 563.] When commissioners in partition lay out grounds in a city into lots abut- ting on a street, which they also declare, in their report, to be dedicated and set apart for public use forever, and the parties take possession of their respective allotments under the petition, the parties and thdir privies, as be- tween themselves, while the partition subsists will be estopped from question- ing the existence of the street; and after they have allowed the city to take possession and improve it, the estoppel becomes equally effective between them and the city. [ Wisby v. Bonie, 19 Ohio St. 238.] Making a plat of lots and alleys with a design of recording it as an addi- tion to a town will not, of itself, make a dedication of the streets and alleys to the public. [Bailey v. Copeland, Wright, 150.] When a road has been laid out from point to point, and opened and used for a long time, upon ground different from that upon which the line of the road was actually run, the traveled road is the public highway. {Taylof v. Bailey, Wright, 646.] Appropriating property by the exercise of the right of eminent domain for a street, is a dedication of it to that special use, which can not afterward be recklessly rescinded. \_Strader and Hart v. Cincinnati, 1 Handy, 446.] Where a subdivision of lots is made and recorded without acknowledgment, and lots sold and conveyed by the numbers on the plat, which shows the lots so numbered to be bounded by a street or alley, though the fee would not vest in the city, such acts would be suflScient evidence of an intention to dedicate such streets and alleys, which intention, when accepted by the city, or by use on the part of the public, would become complete. \_Doren v. Horton, 1 Disney, 401.] Where an old road ran through property, and the owners in a partition plat have straightened the lines of the road, and have stood by and seen an im- provement made in accordance with the lines so laid down, they are estopped afterward to set up such variation from the old road as a defense to the assess- ment. [Sirohman v. Hutchins, Hamilton District Court, MS.] When the owner of land dedicates a strip of ground twenty-five feet wide, adjoining the land of his neighbor, on condition that his neighbor shall dedi- cate a like strip from his land, so as to make a street fifty feet in width, and immediately opens his part of the street to- public use, and permits it to be used by the public as a street for eighteen years, the condition is waived, MUNICIPAL CORPORATIONS. 123 and the dedication absolute, although the neighbor had refused to dedicate ; and the council had a right to improve it as a street, and assess the cost of the improvement upon the property abutting thereon. [Lloyd v. Hulbert, 1 Cincinnati Superior Court Eeporler, 228.] HOW IT MAT BB FOKFEITED OE LOST. Misuser of dedicated property does not work a forfeiture. A forfeiture only occurs when the uses are obsolete, or impossible of execution. "The uses declared by the alleged dedication are neither obsolete or impossible of execu- tion. They are perpetual uses, and the right is vested in a perpetual corpora- tion or corporations. Neither the county nor the city are temporary creations. They yet exist, and must continue to exist. They must have a court house and jail, not only now but forever, and the people must always have churches and schools." " Misuser or nonuser does not, in a case like this, work a forfeiture, as we have already shown." [ Williams v. First Presbyterian Church, 1 Ohio St. il8, 496, 510; Board of Education v. Edson, 18 Ohio St. 221; Doren v. Horion, 1 Handy, 401, 404.] Municipal corporations are subject to the operation of the statute of limita- tions in the same manner, and to the same' extent, as private individuals. \_Cincinnati v. The First Presbyterian Church, 8 Ohio, 298; Williams v. The First Presbyterian Church, 1 0. St, 478, 510 ; Cincinnati v. Evans, 5 O. St. 594.] Notorious and uninterrupted possession, for more than twenty-one years, by a private individual, under a claim of right, of land dedicated to a city for streets or public squares, will bar the claim of the city to its use. \_Ci71cin- nati v. Evans, supra ; Cincinnati v. The First Presbyterian Church, supra^ But the possession of land adverse there must have been an intention on the part of the person in possession to claim title, so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment, or a surrender of his claim. The mere inclosing of a part of a highway, not used or traveled by the public, with a fence is not such a claim, though the erection, within the lines of the street, of a per- manent building would be. \_Lane v. Kennedy, 13 Ohio St. 42.] BIGHTS or CITY IN STREETS. A municipal corporation has private rights in streets, which can not be taken without compensation. \_City of Cincinnati v. Com'rs of Hamilton Co., 1 Disney, 4.] "Where a city has fixed its grades so that certain territory is drained through gutters along a certain street, and that street is vacated, the city is entitled to compensation therefor. "In respect to the public streets, the rights and duties of the city government partake of two characters, in one of which the general public interest is represented; in the other, a corporate or, so to speak, individual interest. In one character, order is preserved, nuisances are punished, etc.; in the other, grades are fixed, pavements laid down and kept in repair. It has been repeatedly held in this state that, in the latter char- acter, the city government assumes duties of such a description that what may be termed individual liabilities ensue. If the grade is changed, or if the street be out of repair, and an injury ensue, there is a liability to make the damage sustained good. Now, where, in the construction of works rendered necessary by such a duty, responsibility is incurred, and the' benefit derived therefrom is destroyed by the act of an individual, or of the county, or the state, I can see no just reason why compensation should not be made. Upon 124 THE LAWS or thia principle, I feol entirely satisfied that the city should be compensated for any alteration in the grade of the streets, or for any construction of a water- way, which may be rendered necessary by the improvement to be constructed by the county in the part of the street which has been vacated." [Gholson, J., Ibid. 6, 7.] An order was framed, that the plaintiff should execute the necessary work to secure the drainage, the defendant undertaking to pay for it under further order of the court. [Ibid-I Under section 12 of the general corporation act of 1852, one of the terms and conditions which a municipal corporation may require for the use of the streets by a railroad company, is the payment of money. \_CUy oj Cincinnati V. Pendleton and Fifth Street Market Space Passenger Street E. R. Co., No. 575, Superior Court of Cincinnati, General Term, MS.] The measure of damages in such a case is the injury to the public use of the street by putting and operating the railroad thereon. If the public use of the street were entirely put an end to, it might be the sum of money necessary to enable the city to furnish equal facilities to the public in some other way. {Ibid.; Storrs Township N. Ji. and C. U. J. D. R. B. Co. v. Cincinnati, Hamilton Probate Court.] POWBR OF THE CITY OVEK STKEBTS. Under sections 63 and 20 of the act of 1852 (substantially the same as sec- tions 439 and 199, par. 1 of the present act), the council may prohibit sales at auction upon the streets, alleys, sidewalks, and public grounds of said city. [White V. Kent, 11 Ohio St. 550.] The city council have power to grant to a railroad company the right to lay a track in. a street, and owners of property abutting thereon can not interfere, unless private rights are interfered with. [Sargent v. 0. and M. R. R. Co., 1 Handy, 62.] A municipal corporation may, in a proper case and within a reasonable time after it is erected, summarily abate a nuisance erected upon a public street, if it be such as interferes with and prevents the free exercise of the right on the part of the public to the use of the easement. Even then the delay of the public authorities may operate as a waiver of the right to do so. In such a case, the public must resort to their action to recover the possession of the street, and to abate the nuisance also. [Evans v. Cincinnati, 2 Handy, 236.] In no case, however, unless the obstruction impedes the free use of the streets, can the public resort to this summary mode of abatement without pro- cess. [Ibid."] In an action of trespass for injury to a building occupied by the plaintiff as a store, resulting in an injury to his business, he may recover, in addition to the damages done to the building, such further sum as will compensate him for a loss of its enjoyment while the interruption continued, and for this pur- pose may show the nature and extent of the business, the necessity of using the building for its prosecution, and the value of such use to him during the period of the interruption. [ Cincinnati v. Evans, 5 Ohio St. 594.] But in the absence of fraud or malice, or other circumstances justifying exemplary damages, the amount of profits which might have been realized by employing his personal services and capital in the prosecution of his business in the injured building can not be recovered. [TJirf.] MUNICIPAL CORPORATIONS. 125 In such case, the loss of profit does not form a proper criterion for estimating the damages; hut the loss of the user of the property, and the value of such use to the injured party, is all that can he recovered. [i5trf.] Where, by annexation of contiguous territory, a county road is brought within the limits of a municipal corporation, the exclusive control over it vests at once in the corporation. \_Ridenour v. Saffin, 1 Handy, 464.] When a municipal corporation has condemned and taken land for a street, it will he restrained from disposing of the land for other purposes on the application of one of the owners of adjoining property. [^Strader v. dncin- naii, 1 Handy, 446.] The special interest of a person who has surrendered or acquired a valuable private right under -such an appropriation will enable him to maintain a suit against the corporation, though the wrong is a public injury, [/fitrf.] A city has no power to let out the privilege of using the lamp posts in the streets for advertising purposes, and such a contract is void, and the execution of it will he enjoined. \^Shillito v. Cincinnati, Superior Court of Cincinnati, General Term, MSS.] After a grade of a street has been established and the improvement made in accordance therewith, a city has no right to make an excavation in the street for the purpose of laying a sewer, so as to damage the property of the indi- vidual. [.4«6 V. Cincinnati and Penny v. Cincinnati, Superior Court of Cincin- nati, General Term ; Storer and Hagans, J J., MSS.] Putting sewers in a street is a lawful use, and a city in making such improve- ments is in the same situation as an individual making a lawful use of his own property, and as such an individual would not be liable for taking away the support of his neighbor's house under such circumstances, the city is not liable either. [/Sirf., per Taft, J., dissenting; see also Boylan v. Cincinnati, Superior Court of Cincinnati, Special Term.] It was conceded by all the judges that the law regulating the excavation of cellars did not apply to cases of this sort, the majority holding the city liable and the minority not liable, without reference to the excavation exceeding twelve feet or not. Leave to file a petition in error was granted by the Supreme Court in Bank in the Penny case, and it is now pending there. [See cases in note to section 411.] LIABILITY or THE CITY FOB STREETS. Where the statute requires that a municipal corporation " shall cause the streets to he kept open and in repair, and free from nuisances,'' a duty is imposed upon the corporation ; it will be liable to any person sustaining injury by reason of a breach of such duty. \_Vandyke v. Cincinnati, 1 Disney, 532, 536, Spencer, J.] The negligence must be such as would have warranted an indictment at com- mon law. " Trifling obstructions or want of repairs may occasionally work a serious harm ; yet such accidents can not ordinarily be foreseen or guarded against, and do not lay the foundation of an action. To require the city, at all hazards, to remove or correct them, or be liable for their consequences, would be not only to make the city an insurer of the lives and safety of all its people who pass on the streets, but to ask the performance of an impossible duty. llbid. 537.] Permitting snow and ice to remain on the pavement is not a violation of this duty. \_Ibid. 537.] 126 THE LAWS OF Nor does the fact that it was allowed to remain in violation of an ordinance requiring the property holder to remove the snow or ice, or sprinkle it with sand or some other substance, under a penalty, render either thecity or the per- son in default liable to the party sustaining the injury. [Ibid. 533, 534.] In an action for damages sustained by a public nuisance, special damages must be shown, differing not merely in degree, but in kind, from the rest of the community. Merely enhanced suffering of the same kind will not answer. [Farrelly v. Cincinnati, 2 Disney, 516.] , Damages can not be claimed for the injury suffered from continued use of a highway known to be out of repair, unless it is shown to be the only road that could be resorted to. [ifiirf.] The fact that a traveler is obliged to adopt a circuitous route to his destina- tion, whereby he suffers injury to business, does not constitute special damage. llbid.] Nor does the fact that an omnibus proprietor, has lost custom by being forced to change his route. [Ibid.^ Where, in an action for damages, by the neglect of a city to keep a street in repair, by which the plaintiff sustained a severe personal injury, the jury find a verdict for a substantial sura, so that it is evident that they found negligence, but the sum is plainly insufficient, the court will set the verdict aside. [Baiii/ V. Cincinnati, 1 Handy, 438.] But when the jury And one cent damages in such a case, it is a substantial finding for the defendant, and the verdict will not be set aside, when negli- gence on the part of the city was not plainly shown. [McMahon v. Cincinnati, Superior Court of Cincinnati, General Term; Hagans, J., Storer and Taft, JJ., concurring. MSS.] RIGHTS OF PROPERTY OWNKK, ABUTTING ON STREET, IN STREET. A municipal corporation is liable to the owner of a house fronting on a street for maliciously and illegally digging down a street to the injury of a house. \Goodloe V. Cincinnati, 4 Ohio, 500.] A corporation is liable in such a case, in the absence of malice, if its acts were illegal. [Smith v. Cincinnati, 4 Ohio, 514.] Officials acting under the orders of the municipal authorities, are not liable for injuries to a house and lot by grading a street, which the authorities had power to do. [Scovil v. Qeddings, 7 Ohio, part 2, p. 211.] "Where improvements had been made on a street, with express reference to its existing grade, and the grade was changed, although the change of grade was within the scope of their authority, the corporation was held liable. [McComb V. Akron, 15 Ohio, 474; Akron v. McGomb, 18 Ohio, 229.] The owners of unimproved lots can not recover damages from a municipal corporation for filling, ditching, or c|atting streets, being presumed to pur- chase with a view to a reasonable improvement of the streets. [Crawford v. Delaware, 7 Ohio St. 459.] The owners of lots upon a street, the grade of which has not been estab- lished, must use reasonable care and judgment in making improvements with a view to a reasonable and proper grade; and the town or city will not be responsible for injuries to such improvements by afterward grading the street, if the grade, by ordinary care, could have been anticipated. [Ibid.'\ If erections are made upon a lot in accordance with an established grade, MUNICIPAL CORPORATIONS. 127 and the grade is afterward altered, and a substantial injury is thereby done to the owner of a lot, he is entitled to compensation. \_Ibid,'] Laying a street railroad track near the sidewalk, so as to obstruct the con- venient access to the improvement, made with reference to a highway, as improved by the authorities in charge (in this case a turnpike corporation), is an injury for which compensation must be made. [Street Railway v. Cum- minsville, 14 Ohio St. 523.] But an alteration in a road which merely renders it less convenient for travel, without directly impairing the access to the road from the improve- ments on the land, does not entitle the owner to recover damages. IJackson V. Jackson, 16 Ohio St. 163.] A change of grade of a street upon which the lot and improvements do not abut, but which renders the street less convenient for travel to the plaintiff, is not an injury for which compensation can be made. The private right of the owner of property abutting on a street to the street is simply a right of access from his improvements to the street, and if that be not affected by the change, the injury that he suffers is that common to all the public who use the street, and does not form a basis for a private action. [Eagle White Lead Co. v. Cin- cinnati, 1 Cincinnati Superior Court Reporter, 154.] The same rule applies to a railroad track on a street not directly in front of plaintiffs property. [Sargent v. 0. and M. R. R. Co., 1 Handy, 52, 59.] When a railroad is constructed in a street, the owner of a house and lot is entitled to damages for an obstruction to the street by earth, gravel, timber, or rail, substantially affecting his use of such street as an appurtenance of his premises. But in respect of the noises, smoke, vapor, or other discomforts arising from the ordinary use of the railroad by the company, the occupant and owner of such lot and dwelling-house has no more right to recover damages of the com- pany than any citizen who resides, or may have occasion to pass, so near the street and railroad as to be subjected to like discomforts. A railroad author- ized by law, and lawfully operated, can not he deemed a private nuisance. [Parrott v. O. H. and D. R. R. Co., 10 Ohio St. 624.] "When a mode is prescribed by statute for the assessment of damages, that mode must be followed, and the party injured is bound to appear. If he does not do so, he must he held to have waived his claim. [Hic/cox v. Cleveland, 8 Ohio, 543. See also Hueston v. Eaton and Hamilton R. R. Co., 4 Ohio St. 685, 689, and Little Miami R. R. Go. v. Whitacre, 8 Ohio St. 590.] A land owner failing to make application within the time limited by the act, will be deemed and held to have waivad his right, though he had no actual notice of the proceeding. [Cupp v. Commissioners of Seneca County, 19 Ohio St. 173.] A property owner has a right of action against any person obstructing his access from his lot to the street, by erecting a building therein. [Bingham v. Doane, 9 Ohio, 165.] When the title runs to the center of the road, trespass may be maintained; but when it extends only to the line, case is the only remedy. [Ibid.'\ A person may lawfully dig a cellar on his own premises, and may lawfully dig in the street, by the license of the proper authority. Neither of these acts is a direct forcible invasion of the plaintiffs premises. Their wrongful char- acter arises solely from the careless and negligent manner in which they were 128 THE LAWS OF performed ; from a want of such precautionary measures as the lawldemanded under the circumstances, in order to prevent consequential injury to the plaintiff's property. For this want of care and consequential injury, the remedy is hy action on the case, and the liability of the defendants must he determined by the rules governing cases of negligence, and not by those appli- cable to trespass. [Henshaw v. Noble, 7 Ohio St. 226, 232.] The agent can not properly be joined with the principal in such an action. [Ibid.; Clarke v. Fry, 8 Ohio St. 358.] The right of transit in the use of public highways is subject- to such inci- dental, temporary, or partial obstructions, as manifest necessity requires, and among these are the temporary impediments necessarily occasioned in the building or repair of houses on lots fronting upon the streets of a city, and in the construction of sewers, cellar drains, etc. These are not invasions, but qualifications of the right of transit on a public highway, and the limitation on them is, that they must not be unnecessarily and unreasonably interposed and prolonged. [Clarke v. Fry, 8 Ohio St. 358.] Such temporary obstructions upon the highway, when guarded with due care to prevent danger to the public, and not unnecessarily extended or con- tinued, are not nuisances, and do not require a license from the municipal authorities to legalize them ; although suitable regulations by the public authorities requiring such obstructions to be properly guarded, and to prevent them from being made in an improper manner, or continued unreasonably, are highly proper. [Tiirf.] A city ordinance, imposing, in general terms, a penalty on any person for incumbering or obstructing any part of any street, lane, or alley, etc., ration- ally construed, has manifest reference to nuisances; in other words, to incum- brances or obstructions which, but for some special license, would be unlawful. [Ibid.] Any obstruction in a public thoroughfare, calculated to produce an injury to persons passing, is in itself a nuisance. The object of the obstruction, and the precautions taken to prevent injury, may prevent the character of a nuisance attaching; but if the object be illegal, or the proper precautions are not taken, then that is its character. [Mellvaine and Wife v. Wood, 2 Handy, 166.] When an obstruction is created in a sidewalk, such as an area, though the object is legal, it is a nuisance, unless the proper precautions are taken in its construction to prevent injury; and if this defect is in the construction, and not in the mode of use, the landlord is responsible. [Ibid.'] When a plat of subdivision is made, showing streets and alleys, and recorded but not properly acknowledged, and the lots are sold as lots on such a plat, the alienee of a lot bounded upon a street or alley, has a right to the use and enjoyment of the unobstructed street or alley, of which the original owner, or those claiming under him, can not deprive him, without his consent, [Doren v. Horton, 1 Disney, 401.] •Obstructions to such street or alley will be ordered to be removed on the application of the vendee or alienee of one of the lots abutting on it. [Ibid.] When a road has been laid out in the manner prescribed by law, opened, and used for many years, the owner of the land through which it passes can not suddenly close it up, on the hypothesis that the road used does not exactly follow the courses and distances of the recorded survey. [Arnold v. Flattery, 5 Ohio, 271.] MUNICIPAL CORPORATIONS. 129 When a railroad illegally changes the location of its track in the street, it is liahle for all damages occasioned thereby, although the property of the com- plainant was not touched by the track, but the change was only in the street in front of his house. [L. M. R. R. Co. v. Naylor, 2 Ohio St. 235.] RIGHTS OP ABUTTING OWNERS ON PUBLIC GKOUNDS. "When property was conveyed to the commissioners of the county of Butler, in pursuance of a proposal made to the commissioners appointed to locate a county seat, /or the use of county buildings for the inhabitants of the county of Butler, the owners of lots fronting on such property can not enjoin the leas- ing of the corners of the square by the commissioners for private purposes. If any rights are violated by such procedure, they are the rights of the pub- lic, and are to be enforced in the name of the state, or of the officer intrusted with the conduct of public suits. {Smith v. Heusion et al. Com'rs of Butler Co., 6 Ohio, 101.] But when land was marked upon a plat "P. Square,'' and some of the lots on the plat are described as lying next the public square, the owner of one of the lots can maintain a bill against the heirs of the grantor to prevent them from inclosing it and selling it out. {Brown v. Manning, 6 Ohio, 298.] When land was conveyed to county commissioners for the erection of a court house, etc., and for no other purpose, and the grantor subsequently released to the commissioners uU his right and interest in the land, they can dispose of it as individuals can, and will be decreed to specifically perform a contract of sale or lease. [ Widow and Heirs of Reynolds v. Com'rs of Stark Co., 5 Ohio, 204.] "When it was declared that the Public Place "shall remain free, and never be alienated or obstructed on the bank of the river by any kind of buildings," and the lots fronting on "the place" are appraised higher because they are "a source of wealth by their situation," the owners of such lots can maintain a bill to restrain the public authorities from leasing the ground and applying the money received to the improvement of the wharf. {Le Clercq v. Gallipolis, 7 Ohio, part 1, p. 218.] The legislature can not authorize the public authorities to change the use of such property. {Ibid.} The owner of lots adjoining ground marked " public square," can enjoin parties claiming under the original proprietors from entering upon and occu- pying. {Ruber v. Gazley, 18 Ohio, 18; S. C. 13 Ohio St. 399.] Such purchaser can not set up a defense of want of notice, and has no claim for improvements. {Ibid.'] When the terms of the declaration of use were, "Resolved (or agreed), that for the public good (or convenience) and the interest of the Inhabitants, the streets and 'la place' shall remain free, and never be alienated.^r obstructed on the bank of the river by any kind of buildings," the owner of an abutting lot can not restrain the municipal authorities from inclosing "la place" for the purposes of improvement and ornament. {Langley v. Qallipolis, 2 Ohio St. lor.] 130 THE LAWS or CHAPTER XXXV. WHARVES, DOCKS, AND HARBOR MASTER. Section Section 442. Council may eetablieh wharves, docks, 444, Control of shore, appointment of harbor etc, masters, etc. 443, "Wharves, etc., must have uniform grade. 445. Copies of surveys to be prima facie evi- dence, etc. Sec, 442. Council may establish wharves, docks, etc. The council of any city or incorporated village shall have power to establish, construct, repair, control and regulate landing places, wharves, docks, piers and basins; to establish, control and regulate the grades of wharves and landing places, and to fix the rates of land- ing, wharfage and dockage, and to use, for the purpose aforesaid, any public lauding or any property belonging to or under the control of the corporation. [S. & C, p. 1515, sec. 64 ; S. & S., p. 842, sec. 149.] Sec. 443. Whdfms, etc., must have uniform grade. All wharves or landing places hereafter constructed shall conform to a uniform grade to be established by the council ; and it shall be unlawful for the owner, lessee or occupant of such property to construct any wharf or landing place without first obtaining the consent of the council, and conforming to the established grade. [S. & S., p. 843, sec. 150'.] Sec. 444. Control of shore, appointment of harbor masters, etc. The council shall have the use and control, for the above pur- pose, of the shore or bank of any lake or river, not the property of individuals, to the extent-and in any manner that the state can grant such use or control; and the power to appoint harbor masters, wharf masters, port wardens, and other officers usual or proper for regulation of the navigation, trade or commerce of the corporation, to define their duties and powers, and fix their com- pensation. [S. & C, p. 1515, sec. 64.] Sec. 445. Copies of surveys to be prima facie evidence, etc. Copies of examinations and surveys, and of the proceedings of any port warden, in the discharge of the duties of his office, certified under his hand and seal, shall be prima facie evidence of the matters therein stated. [S. & C, p. 1515, sec. 64.] MUNICIPAL CORPORATIONS. 131 CHA.PTBE XXXVI. FERRIES. Section 446. License, regulation, etc., of ferries. Sec. 446. License, regulation, etc., of ferries. The council of any city or incorporated village shall have the exclusive power to establish, regulate and license ferries, from such corporation or any landing therein to the opposite shore, or from one part of the corporation to another ; and in granting such license, to impose such reasonable terms and restrictions, in relation to the keeping of such ferries, and the time, manner and rates of the carriage and transportation of persons and projierty, as may be proper, and to provide for the revocation of any such license, and for the pun- ishment, by proper fines and penalties, of the violation of any ordinance prohibiting unlicensed ferries, or regulating those estab- lished and licensed. [S. & C, p. 1515, sec. 65.] CHAPTBE XXXVII. LICENSING SHOWS, AUCTIONEERS, ETC. Section Section 447. Generallicensing powers of council. 448, Licensing of veliicles, uudertal^ers, etc. Sec. 447. General licensing powers of council. The council of any city or incorporated village shall have power to license' all exhibitors of shows and performances of every kind not pro- ' The power to license and regulate includes the right to require a reasonable sum in compensation for the special privileges given. Such compensation is not a tax. [^Cincinnati v. Bryson, 15 Ohio, 625.] "Where the amount required for a license is unreasonable, this does not excuse the defendant for acting without a license. The party can not take the law into his own hands and assume the whole ordinance to be void. If the sum demanded were unreasonable, the appropriate and reasonable sum should have been tendered, and the license demanded. Or, the fee might have been paid under protest and the license taken, and the question whether the amount was reasonable or unreasonable contested in a suit to recover back 132 THE LAWS or hibited by law ; all hawkers and peddlers ; all auctioneers of horses and other animals in the highways or public grounds of the corporation ; all venders of gunpowder and other explosives ; all taverns and houses of public entertainment; all hucksters in the public streets or markets ; and in granting such license, may exact and receive such sum or sums of money as the council may think expedient. [S. & C, p. 1523, sec. 93.] Sec. 448. Licensing of vehicles, undertakers, etc. The council shall also have power to license the owners of all vehicles of every description used for the transportation of persons and property, for hire in the corporation, and all undertakers and owners of hearses ; but the owner of any such vehicle may be made liable for the breach of any ordinance regulating the conduct of the drivers thereof. [S. & C, p. 1523, sec. 93.] the excess. But the defendant having taken neither of these courses, hut chosen to run his dray without any license, was rightfully convicted. [Ibid.'] "When a town is put to expense hy the exercise of particular employments it is reasonahle that the charge for a license should cover compensation for this expense, as well as for the expense of issuing the license. [Ibid.'] The case of Cincinnati v. Bryson is not incorrect, as the majority of the court held that it was not sufficiently shown that the sum demanded exceeded the necessary expenses Incident to the issuing of the license. But if the sum demanded goes further than this, if it is made a means of supplying money to the public treasury, that it " is a tax is too palpable for discussion." [Maya T. Cincinnati, 1 Ohio St. 268, 2Y4.] But when payment is made of the tax demanded, without objection or pro- test, it is a voluntary payment in the legal sense, and suit can not be main- tained to recover it back. [Ibid.] When, however, the payment is^made under protest, and the position of the party is such as to require from another the performance of a duty enjoined upon him hy law, and he is illegally compelled to pay the money to induce such performance, the payment is not voluntary, and suit may be maintained to recover it back. [Baker v. Cincinnati, 11 Ohio St. 634.] Under section 96 of the act of 1852 (S. & C. 1523), which provided that the council, "in granting such license, may exact and receive such sum or sums of money as the council shall think fit and expedient," a charge of $63.50 for a license for theatrical exhibitions for six months, and one dollar for issu- ing the license, is not in violation of the constitution. The power to license and charge for doing so is not taken away by the constitution, and a charge may justly be made for the expense of regulation and supervision, beyond the mere expense of filling up a blank license. [Ibid.] MUNICIPAL CORPORATIONS. 133 CHAPTBE XXXVIII. PAWNBROKERS. Section Section 4.49. Pawnbrokers must be licensed. 451. Penalty for failure to keep and refusal 450. Tbey must keep an open record of all to exhibit record, etc. their transactions. Sec. 449. Pawnbrokes must he licensed. Any person or persons carrying on the business of pawnbroker, or of loaning money on jewelry or other personal property, in an^ city or incorporated village, shall take out a license from the city or incorporated vil- lage in which he or they do business, which license shall be fixed by ordinance at a cost not to exceed two hundred dollars per an- num. [S. & S., p. 821, sec. 90.] Sec. 450. They must keep an open record of all their transactions. The person or persons so licensed shall keep a correct list and de- scription, in a book for that purpose, of all articles pledged or deposited with them, or on which advances of money have been made, or which may be purchased by him or them, which list and description shall at all times be open to the inspection of the chief of police of the corporation, or of a police oflScer deputed by him or by the mayor to make such inspection ; and he or they shall, at all times, when required by the police officer or mayor aforesaid, produce and show any article so listed and described, which may be in his or their possession ; and he or they shall also register in such book the name and place of residence of the depositor. [S. & S., p. 821, sec. 91.] Sec. 451. Penalty for failure to keep and refusal to exhibit rec- ord, etc. Any person or persons carrying on the business of pawn- broker, who shall fail to take out a license therefor, or shall receive and advance money on any article or property pledged, and shall fail to keep a list, description and register as provided above, or who shall refuse to submit the same to the inspection of the chief of police or police officer deputed as aforesaid, or shall refuse to show the article or property when so required, shall, upon conviction thereof, before the police court or mayor of the Eorporation, be fined in any sum not less than ten dollars, nor more than one hundred dollars. [S. & S., p. 822, sec. 92.] 134 THE LAWS OF CHAPTEE XXXIX. FILLING UP LOTS AND REMOVAL OF OFFENSIVE SUBSTANCES. Sectioh Seotios 462. Power of corporation to fill lota, remove 454. In case of refnsal or neglect, work to be nnisanceB, etc. done at expense of owner, etc. 453. Dnty of owners to comply witli directions. Sec. 452. Power of corporation to fill lots, remove nuisances, etc. . All municipal corporations shall bave power to cause any lot or lots of land within their limits, on which water shall at any time become stagnant, to be filled up, or drained, and to cause all putrid substances to be removed from any lot or lots ; and may, from time to time, direct that such lot or lots be filled up or drained, or that such putrid substances be removed by the owner or owners in such reasonable time, and in such manner, as may be directed by a resolution of the council or trustees of the corporation." [S. & C, p. 1506, sec 32.] Sec. 453. Duty of owners to comply with directions. It shall be the duty of such owner or owners, his, her or their agent or attor- ney, after service of a copy of said resolution, or after a publica- tion of the same in some newspaper of general circulation in such corporation for four consecutive weeks, to comply with the direc- tions of such resolution within the time therein specified. [S. & C, p. 1506, sec. 32.] 'The power of creating municipal corporations necessarily implies authority to confer upon them such police powers as may be necessary for their inter- nal government, and a resolution directing lot owners " to fill and drain their lots in such a manner as shall be necessary to remove all stagnant water," being a reasonable sanitary measure for preserving the health of the inhab- itants, is not in conflict with the constitution. \_Bliss v. Kraus, 16 Ohio St. 54.] Such resolution requires, by reasonable construction, not merely the removal of the water then on the lots, but the work to be so done as to prevent the recurrence of stagnant water from the same causes. [Ibid.'] Such a resolution must be reasonably certain in Its requirements ; but when the work to be done is clearly defined in general terms, the fact of leaving to the owner, who bears the expense, the choice of the means of accomplishing the required result, will not render the resolution invalid. [Ibid.} When the description in such a resolution clearly identifies the premises, the fact that the wrong township is called for will not invalidate the pro- ceedings. The maxim, "falsa demonstratio non nocet," is applicable, and the false part of the description will be rejected. [Poland v. Connelly, 16 Ohio St. 64.] MUNICIPAL CORPORATIONS. 135 Jec. 454. In case of refusal or neglect, to he done at expense of ner, etc. In case of a failure or refusal to comply with such olution, the work required thereby may be done at the expense the corporation, and the amount of money so expended shall be iovered from the respective owners before a justice of the peace, other court of competent jurisdiction ; and such expense shall, m the time of the adoption of such resolution, be a lien on such or lots, which may be enforced by suit in the court of common sas of the -proper county ; and like proceedings may be had as ■ected in relation to the improvement of streets. [S. & C, p. )6, sec. 32.] CHAPTER XL. MARKETS. riON Section i5. Power to establish markets, erect market 457. No charge to be made for occupancy of houses, etc. ^ market space, etc. '6. Power to regulate markets and market- 458. No authority to prevent sale of produce ing. at any time or place. 3eo. 455. Power to establish markets, erect market houses, etc. The incil of any city or incorporated village shall have power to erect trket houses, establish and regulate markets' and market places, the sale of meats, fish, provisions, vegetables, and other articles A. municipal market consists : . In a place for the sale of provisions and articles of daily consump- 1. . Convenient fixtures. . A system of police regulations, fixing market hours, making provisions lighting, watching, cleaning, detecting false weights and unwholesome d, and other arrangements calculated to facilitate the intercourse and in- e the honesty of buyer and seller. . Proper oflicers to preserve order and enforce obedience to rules. L sum demanded from persons occupying a stand in the market place is tier the price demanded for accommodations provided to the frequenters of market by the city authorities than a tax. It is a market toll, and is perly exacted. l^Cineinnaii v. Buckingham, 10 Ohio, 257.] 'rompt and strong enforcement of market regulations is necessary, and has ays been provided for from the earliest times. An ordinance authorizing nders to be taken at once before the mayor and fined is not oppressive. ;d] 'he power to establish and regulate markets and market places is a contin- g power, and its exercise at one period by establishing a market and 136 THE LAWS OF necessary for the sustenance, convenience and comfort of the in- habitants; to prescribe the times for opening and closing the same, the kind and description of articles which may be sold therein, and the stands or places to be occupied by the venders. [S. & C, p. 1513, sec. 62.] Sec. 456. Power to regulate markets and marketing. The council shall also have power to prevent forestalling the markets, to pro- hibit or regulate huckstering' in the markets, and to adopt such rules and regulations as are necessary to prevent fraud, and to preserve order in the markets; and they may authorize the im- mediate seizure, arrest and removal from any market, of any per- son or persons violating its regulations, together with any article in his or their possession, and the immediate seizure and destruc- tion of tainted or unsound meat or other provisions. [S. & C, p. 1513, sec 62.] Sec. 457. No charge to he made for occupancy of market spaces, etc. No charge or assessment of any kind shall be levied upon any farmer or producer of vegetables or provisions bringing the same to market, for occupying a place, with or without horses and wag- ons used in bringing such produce to the toarket, in any of the market spaces, or in the streets contiguous thereto, on market days or evenings previous thereto. [S. & 0., p. 1514, sec. 62.] removing a market house in a particular locality will not prevent the city council from removing such building, or abandoning such locality for market purposes. \^Qall v. Cincmnati, 18 Ohio St. 563.] An order for such removal or abandonment by the city, in the reasonable exercise of the discretion vested in it by law, constitutes no ground for tax- payers, as such, to prevent by injunction the execution of such order. [Ibid.'\ When a municipal corporation acquired real estate by absolute title in fee, the fact that the property was purchased for the purpose of establishing a market space and of erecting thereon a market house, and the further fact that the property was accordingly so used, will not make it trust property, to be used only for market purposes. [Ibid.'] Nor will a use of the property for market purposes, although it may have continued for forty years, constitute a dedication of the land to the public for market purposes. [Ibid.'] A municipal corporation has a right to demand rent for stalls in market houses beyond the expenses of keeping them in repair, but for purposes of revenue. [Cincinnati v. Beresford, Superior Court of Cincinnati, Special Term ; MS., per Storer, J.] 'The word "huckster" signifies a petty dealer, a retailer of small articles of provisions, meats, etc. The legislature must be presumed to have intended what the common and ordinary Import of the language used would indicate, and the city council can not, by ordinance, define the word to include things Bubstantially different. [Maya v. Cincinnati, 1 Ohio St. 268.] MUNICIPAL CORPORATIONS. 137 *Sec. 458. [As amended, April 18, 1870, 67 L. 77.] Farmers, etc., not to he prohibited selling their productions. Nothing herein contained shall be so construed as to authori/.e the council to pass an ordinance for the purpose of assessing or imposing any fine or punishment upon any farmer or producer for selling at any time, within the corporation, during market hours, any article of pro- vision or vegetables grown or produced by him or her. [S. & C, p. 1514, sec. 62.] CHAPTER XLI. INSPECTORS OP PROVISIONS AND OTHER ARTICLES. Section 469. Licensing of gaugers, inspectors, etc. 4G0. Amount of license to be fixed by ordi- nance. 461. License to be for one year ; vacancy. 462. Extent of license. 463. Powers, penalties, etc., of inspectors. 464. Inspectors may appoint deputies. 465. Oath, bond, etc., of inspectors. 466. Injury from neglect or incapacity to be recovered on bond. 467. Kemoval of inspector for cause. Section 468, Provisions of former act applicable to inspectors of oils. 469. Fees for inspection. 47i>. Inspectors of beef, cattle, sheep, bogs, etc. 471. Rules for inspectors to be prescribed by ordinance. 472. Oath of office, bond, etc., of inspectors. 473. Compensation of inspectors. 474. Inspectors for other purposes may be appointed. ^ Sec. 459. [As amended, April 18, 1870, 67 L. 77.] Licensing yf gaugers, inspectors, etc. The council of any city shall have power, whenever deemed necessary, to appoint and license one of ihe resident freehold electors of the corporation, possessing the accessary qualifications, to act within and for the corporation, as ganger and inspector of domestic and foreign spirits, linseed oil, ard oil, and carbon or mineral oils ; one inspector of flour, meal, bread and biscuit; one inspector of beef, pork, lard and butter; )ne inspector of pot and pearl ashes; one inspector of fish, -when jxposed for sale in barrels or half barrels. [S. & C, p. 731, sec. 18; p. 718, sec. 1 ; p. 723, sec. 29, and p. 732, sec. 82.] * Skc. 458. [As originally passed.] No authority to prevent sale of produce at arty time or place. Nothing herein contained shall be so construed as to authorize the council to pass an ordinance or the purpose of assessing or imposing any fine or punishmoDt on any farmer or producer, for elling at any time within the corporation, any article of provision or vegetables in any street or ireeta, or market spaces, during market hours. ^This section differs from the section as originally passed by the insertion if the word in italics. 138 THE LAWS OF Sec. 460. Amount of license to he fixed by ordinance. The amount of the said license shall be fixed by ordinance, and shall be limited as follows : To inspect beef, pork, butter and lard, not less than fifty nor more than one hundred dollars; to inspect fish, not less than two hundred and fifty nor more than five hundred dollars; and to inspect foreign and domestic spirits, linseed oil, lard and car- bon or mineral oils, not less than seventy-five nor more than one hundred dollars. [S. & C, p. 732, sec. 82.] Sec. 461. License to be for one year ; vacancy. Upon the license fee, as required in the preceding section, being paid, the person named therein shall be authorized to act as such inspector for the period of one year from the date thereof; and in case of vacancy occurring by death or otherwise, during the term for which any inspector may have been licensed, the council may fill such vacancy by granting a license for such sum as may be deemed proper. [S. & C, p. 732, sec. 82.] Sec. 462. Extent of license. The said license may authorize the inspector or inspectors, or any one or more of them, to inspect any one or more of the articles named in the preceding section. [S. & C, p. 731, sec. 79.] Sec. 463. Powers, penalties, etc., of inspectors. The inspectors shall, within and for said corporation, have the same powers, per- form the same duties, take the same oaths or affirmations, be gov- erned by the same rules, and liable to the same penalties, as are prescribed in the act entitled " an act for the inspection of certain articles therein enumerated," passed March ninth, one thousand eight hundred and thirty-one, and the act entitled " an act to amend the act entitled an act for the inspection of certain articles therein enumerated," passed February eleventh, one thousand eight hun- dred and thirty-two. [S. & C, p. 731, sec. 78.] Sec. 464. Inspectors may appoint deputies. Said inspectors, shall have the power of appointing as many deputies to act under them as their respective duties in office may require, and for the conduct of the deputy, the principal shall be accountable and held liable. [S. & C, p. 718, sec. 1.] Sec. 465. Oath, bond, etc., of inspectors. Every person so licensed as an inspector, shall, before entering upon the duties of his office, take an oath or affirmation that he will faithfully and impartially execute the duties required of him by law, and shall enter into bond conditioned for the faithful performance of his duties as such officer, with sufficient security, to be approved by the council, as follows : For inspectors of beef, pork, butter and lard, the bond shall be three thousand dollars; and for inspectors offish, MUNICIPAL COEPORATIONS. 139 foreign and domestic spirits, linseed, lard and carbon or mineral oils, one thousand dollars; which bond shall be filed in the office of the city clerk and made payable to the treasurer of the corpo- ration, and shall be renewed, from year to year, as the council may require. [S. & C, p. 731, sec. 85.] Sec. 466. Injury from neglect or incapacity to he recovered. Any person injured by the misconduct, neglect or incapacity of any inspector, may, within one year after the cause of action shall have accrued, institute suit on such official bond, but the corporation shall not be liable for the costs of such suit ; the said bond shall continue in force until the full amount of the penalty has been recovered, and any party obtaining judgment shall have execution as in other cases. [S. & C, p. 732, sec. 81.] Sec. 467. . Removal of inspector for cause. The council shall have full power and authority, on complaint and sufficient cause shown, to remove from office any inspector; but no inspector shall be removed unless upon the vote of two-thirds of all the members elected. [S. & C, p. 732, sec. 84.] Sec. 468. Provisions of former act applicable to inspectors of oils. The council in the lieensing of inspectors of carbon or mineral oils, and the inspectors of those oils, shall be governed by the pro- visions of an act entitled "an act toprovide for the inspection of mineral oils for illuminating purposes, and to repeal acts therein named," passed April 16, 1867; and the said inspectors shall be liable to the penalties in said act now prescribed. [S. & S., p. 402.] Sec. 469. Fees for inspection. The said inspectors shall be enti- tled to the following fees for their services, to be paid, on demand, by the party calling upon them, viz: For packing and inspecting every barrel of pork or beef, eighteen cents, and for every half bar- rel, thirteen cents; for every package or keg of butter or lard, ten cents; for packing and inspecting every barrel of fish, twenty 3ents, and for every half barrel, fifteen cents ; and for inspecting md gauging foreign and domestic spirits, linseed oil, lard and car- bon or mineral oils, where there are less than twenty packages, ;en cents each, and more than twentj', the sum of five cents each. ;S. & C, p. 732, sec. 85 ; S. & S., p. 403, sec. 8.] Sec. 470. Inspectors of beef, cattle, sheep, hogs, etc. The council )f any city or incorporated village, whenever it may be deemed lecessary, shall have the further power to appoint one inspector, md, if required, one or more assistant inspectors, of beef cattle, iheep, hogs, poultry, game, milk, milk cows, fresh meat and fresh ish. [S. & S., p. 822, sec. 93.] Sec. 471. Bules for inspectors to he prescribed by ordinance. The 140 THE LAWS OP council shall prescribe, by ordinance, the duties of said inspectors, define their powers and fix their terra of ofiice ; and they are hereby authorized to prescribe penalties for the violation of ordinances passed in pursuance of this chapter, and determine the disposition of the above-named articles when upon inspection they, or either of them, are found to be foul, tainted, or otherwise unfit for food. [S. & S., p. 822, sec. 93.J Sec. 472. Oath of office, bond, etc., of inspectors. Before any such inspector or assistant inspector shall enter upon the discharge of the duties of his office, he shall take an oath or affirmation that he will faithfully and impartially execute the duties required of him by law; and such inspector shall, moreover, enter into bond with sufficient security to be approved by the council, in such sum as the council may require, not less than one thousand dollars, made payable to the- corporation where such inspector is appointed ; which bond shall be deposited with the clerk, conditioned for the faithful and impartial performance of the duties required of him by law. [S. & S., p. 822, sec. 94.] Sec. 473. Compensation of inspectors. Said inspectors shall be paid such compensation, not exceeding the sum of fifteen hundred dollars each, per annum, in such manner and at such times as the council may determine. [S. & S., p. 822, sec. 94.] Sec. 474. Inspectors for other purposes may be appointed. The council of any city or incorporated village may provide by ordi- nance for the appointment of a suitable number of inspectors, for all such purposes as are not provided for by law, who shall hold their office for the term of three years; and for issuing licenses to such inspectors, and to regulate the fees to be paid them for their services. [S. & C, p. 1530, sec. 116.] CHAPTER XLII. IDENTITY OP CORPORATION AND TOWNSHIP LINES — CHANGE OF TOWN- SHIP BOUNDARIES. Section Section 475. When office of township trustees, etc., 480. Change of boundaries in certain cases. shall be abolished ; infirmary directors. 481. Annexation of surplus territory, etc. 476. Powers and duties of infirmary directors. 482. When limits of two or more townships 477. Duties of corporation treasurer and clerk. shall constitute but one, etc. 478. Township property to vest in council, etc. 483. Application for change of boundaries in 479. Suits, judgments, etc., to bo transferred certain cases. to corporation. Sec. 475. When office of township trustee, etc., shall be abolished; infirmary directors. Whenever the corporate limits of any city or MUNICIPAL CORPORATIONS. 141 ncorporated village become identical ■with those of any township,' (hen and thereafter the office of township trustees, township treas- urer, and township clerk, shall be abolished and cease; and all of the powers and duties of trustees of townships, conferred or pre- scribed by law, shall vest in and be performed by the council, 3xcept as to binding out apprentices and administering relief to bhe poor; and if such corporation is not already provided with an infirmary, the council shall forthwith, and from year to year, appoint one or more, and not exceeding three, directors of the infirmary, and prescribe their duties by ordinance. [S. & C, p. 1547, see. 175.] Sec. 476. Powers and duties of infirmary directors. Such directors shall be clothed with all the powers and perform all the duties of township trustees, as to binding out and protecting apprentices, in relieving and removing paupers, and in counties having county infirmaries to make orders relative to paupers ; which orders shall have the same validity, and be treated the same as like orders made by township trustees; and they shall have the power of recovering, in the name of the corporation, such expense as may be chargeable to other municipal corporations or persons. [S. & C, p. 1547,'sec. 175.] ' Under section 7 of an act supplementary of an act entitled " an act to pro- ride for the organization of cities and incorporated villages, passed May 3, 1852," passed April 8, 1856 (S. & C. 1547), on the organization of a city of bhe second class, divided into wards, the houndaries of which city were not sonterninous with those of any township, the territory within such city does not cease to be a part of the township or townships within the limits of which it is situate. \_State of Ohio, ex rel. Halsey, v. Ward et al., 17 Ohio St. 543.] The inhabitants of such a city are entitled to vote for township trustees, clerk, treasurer, justices of the peace and constables, but must vote at the township or precinct polls. When special city officers exist, charged with the duties performed by township officers outside of the city, as in the case of assessors and supervisors of highways, this right is by implication taken away. [Ibid.'] But where the commissioners had power to create election precincts, and it appears in a quo warranto that the votes of city electors were cast for township trustees within their respective wards, "at the places properly fixed and desig- nated for holding such election," it will be presumed that the commissioners created precincts corresponding in boundaries with the wards, llbid.} Where the boundaries of a city and a township become identical, the city is [iable to an action by the directors of a county infirmary for relief afforded ;o a pauper having a legal settlement in such city. Such action may be brought either in the county by which the relief was furnished, or in the county where the defendant is situated. [Directors Muskingum Co. Infirmary v. ToUdo, 15 Ohio St. 409.] 142 THE LAWS OF Seo. 477. Duties of corporation treasurer and clerk. The duties of treasurer and clerk of such township shall be performed by the clerk and treasurer of the corporation ; and all moneys collected or authorized by law to be paid to the township treasurer shall be paid to such coi-poration treasurer. [S. & C, p. 1548, sec. 175.] Sec. 478. Township property to vest in council, etc. All property, real and personal, together with all moneys and credits, books, vouchers, records, flies, accounts, documents and bonds of an official character, in the possession or under the control of said township trustees, township clerk or township treasurer, or either of them, whose offices are thus abolished, shall vest in the council; and such township officers shall, when their offices have ceased by operation of this act, forthwith deliver over to the council of the corporation a full statement of their accounts, together with the property, moneys, credits, books, records, accounts, files, vouchers, official bonds and documents aforesaid. [S. & C, p. 1548, sec. 176.] 8ec. 479. Suits, judgments, etc., to be transferred to corporation. All suits pending and judgments recovered by or against any such township, together with all rights, interests, claims and demands, in favor of and against the same, may be continued, prosecuted, collected or enforced by or against the corporation ; and all suits authorized by law to be brought by or against such township or township trustees, not caused by their non-compliance with this act, shall be prosecuted by or against the corporation. [S. & C, p. 1548, sec. 176.] Sec. 480. Change of boundaries in certain cases. If the limits of any corporation do not comprise the whole territory of any estab- lished township in which the same is situate, or if they include territory comprised in more than one township, and the council of such corporation shall in either case, by a vote of a majority of the members thereof, petition the board of county commissioners of the proper county for a change of township boundaries, such county commissioners may, on the presentation of such petition with the proceedings of the council duly authenticated, at any regular or adjourned session, so change the boundaries of the township or townships in which the principal part of the corporation is situated, as to make the same identical, in all respects, with the boundaries of the corporation. [S. & C, p. 1548, sec. 177.] Sec. 481. Annexation of surplus territory, etc. In making such change, said board of county commissioners shall annex the sur- plus territory, if any, so cut off from the township thus reduced to limits identical with the corporation, to any township or townships contiguous ; or if such surplus shall contain sufficient territory, MtTNICIPAI. CORPORATIONS. 143 nay erect the same into a new township, as in their opinion will )est promote justice and the public convenience. [S. & C, p. 1548, iCc. 177.] Sec. 482. When limits of two or more townships shall constitute but me, etc. Where the limits of more than one township, portions of svhich are comprised within the corporation limits, have been re- duced in the manner above provided, the territory embraced "within the corporation limits shall thereafter constitute one township, and bear the name of that township within the corporation limits having the largest area of territory. Sec. 483. Application for change of boundaries in certain cases. Where the corporation is situate in two or more counties, the ap- plication authorized by section four hundred and eighty, may be made to the county commissionersof the county in which the largest portion of the territory of the corporation is contained. CHAPTBE XLIII. TWO days' labor on the streets — ROAD TAX. Seotioh Section 484. Labor on streets, who are liable, etc. 488. Attachment of contiguous territory for 485. Penalty, etc., for refusal to perform labor. road purposes. 486. Bead districts and street commissioners. 489. Collection of fines, forfeitures, etc. 487. .Road taxes, how collected and applied. 400. Exemption from proyisions of this chap- ter. ^Seo. 484. [As amended, April 18, 1870, 67 L. 77.] labor on streets; who liable, etc. The council of any incorporated village or city shall have power to require each able-bodied male person, be- tween the ages of twenty-one and fifty-five years, resident within the corporation, or within any contiguous territory that shall be attached thereto, for the purpose of this chapter, as hereinafter provided, to perform by himself or substitute, in each and every year, two days' labor upon the streets and alleys of such corj)oration, and upon the public roads or highways, or parts thereof that lie within the contiguous territory so attached as aforesaid, which labor shall be in lieu of the two days' labor required under the present laws regulating roads and highways; provided, that active volunteer firemen shall be exempt from performing said two days' labor; ' This section differs from the section as originally passed only in the addi- tion of the words in italics, and the substitution of "purpose," in the fifth line of this section, for " purposes " in the original. 144 THE LAWS OF and provided further, that such labor when so required, may be com- muted by the payment of a sum not exceeding three dollars, to be ex- pended upon the streets where such labor would have been applied. [S. & C, p. 1555, sec. 202; S. & S., p. 839, sec. 138.] Sec. 485. Penalty, etc., for refusal to perform labor. Upon refusal to perform such work under the proper street commissioner, or other officer appointed by the council, the delinquent sTiall be liable to the same fines, penalties and forfeitures as are provided by law against persons refusing to perform the two days' labor upon the roads and highways in other cases ; and the same shall be recovered in the name of the corporation before the mayor thereof. [S. & C, p. 1555, sec. 202 ; S. & S., p. 839, sec. 138.] Sec. 486. Jtoad districts and street commissioners. The council shall have power to form road districts within the limits of the corporation and contiguous territory attached as aforesaid, and to appoint suitable street commissioners, or other proper officers, for any length of time, not exceeding two years, for such districts, or for the whole limits of such corporation and the contiguous terri- tory attached as aforesaid, who shall be governed in the perform- ance of their duties by the by-laws and ordinances of the corpora- tion. [S. & C, p. 1555, sec. 202 ; S. & S., p. 839, sec. 138.] Sec. 487. Boad taxes, how collected and applied. No tax assessed upon property within the territory attached to any corporation as aforesaid, shall be applied otherwise than within the territory in which the same is assessed; and all taxes charged for road pur- poses on the property within the limits of the corporation, or the territory so attached, and collected by the county treasurer, shall be paid over to the corporation treasurer, to be specially appropri- ated by the council to street and road purposes within the corporate limits and territory so attached ; and the trustees of the township in which said territory is located and the council may agree upon a different distribution or division of said funds. [S. & C, p. 1555, sec. 202; S. & S., p. 839, sec. 138.] •Sec. 488. [As amended, April 18, 1870, 67 L. 78.] Attachment of contiguous territory for road purposes. It shall be the duty of the council and the trustees of townships, respectively, in which any Buch corporation shall be situated, as soon after the passage of this act as practicable, and when from the sparseness of population the public interest shall require it, to attach to the corporation any territory lying contiguous thereto for the purposes mentioned in this chapter, and any portion of territory so attached may be detached iThis section differs from the original section only in the addition of the 'WOTds in italics. MUNICIPAL CORPORATIONS. 145 and replaced under the control of the township trustees for road pur- poses, by the council, with the concurrence of the township trustees. [S. & S., p. 840, sec. 139.] Sec. 489. Collection of fines, forfeitures, etc. The said street com- missioners, or other proper officers, shall have power to collect by suit, all fines, forfeitures and penalties arising under the provisions of this chapter; and they are hereby authorized and required, be- fore their annual settlement with the council, to prosecute to final judgment all persons neglecting or refusing to comply with the provisions of this chapter, from whom, in the opinion of such street commissioners, or other proper officers, such fine, penalty or for- feiture can be collected. [S. & S., p. 840, sec. 140.] Sec. 490. Exemption from provisions of this chapter. All persons who are, or may be exempt from performing labor on the public highways by any law of this state, shall not be subject to the pro- visions of this chapter. CHAPTER XLIV. VAOATINQ STREET OR ALLEY. Section , Section 491. Streets, may be vacated on petition, etc. 493. Effect of order of vacation, etc. 492. Notice of petition to be published. 1 Sec 491. [As amended, April 18, 1870, 67 L. 78.] Vacation of streets, change of name, etc. The council of any city or incorporated village, on petition filed by any person or persons owning any lot or lots in the corporation, praying that any street or streets, alley or alleys, in the immediate vicinity of such lot or lots, may be va- cated or narrowed, or a change of the name thereof, may, upon hear- ing, and being satisfied that there is good cause for such vacation or narrowing, or change of name, and that it will not be detrimental to the general interest, and that the same should be made, declare by ordinance such street or streets, alley or alleys, vacated, nar- rowed, or the name thereof changed. [S. & C, p. 1531, sec. 119.] * Sec 492. [As amended, April 18, 1870, 67 L. 78.] Notice thereof ^This section differs from the one originally passed only in the insertion of the words in italics, and the omission of "or" before "narrowed" in" the last line but one. ^ Sec. 492. [As originally passed.] Notice of pelilion to be published. No street or alley shall )e vacated or narrowed as aforesaid, unless notice of the pendency and prayer of the petition shall be given by publishing the same in some newspaper, published in such corporation, for six consecutive weeks immediately -pTeceding action on such petition ; or in case no newspaper is pub- ishod in the corporation, by posting such notice in three public places therein, six weeks imme- VuUely preceding such action. 146 THE LAWS OP to be published, etc. No street or alley shall be vacated or nai^owed as aforesaid, unless notice of the pendency and prayer of the pe- tition shall be given by publishing the same in some newspaper published or of general circulation in such corporation for six con- secutive weeks preceding action on such petition ; or in case no newspaper is published in the corporation, by posting such notice in three public places therein six weeks preceding such action ; and such action shall take place within three months after the comple- tion of such notice. [S. & C, p. 1531, sec. 119.] Sec. 493. JSffect of order of vacation, etc. The order of the coun- cil, vacating or narrowing any street or alley which has been dedicated to public use by the proprietor, shall, to the extent to which the same is vacated or narrowed, operate as a revocation of the acceptance thereof by the council ; but the right of way and easement therein of any lot owner shall not be impaired thereby. CHAPTER XLV. DAMAGES FOR EXCAVATION* Section Section 494. Damages by excavation to be recovered by 495. Depth of excavation allowable, civil action. Sec. 494. Damage by excavation to be recovered by civil action. If the owner or possessor of any lot or land in any city or incorpo- rated village shall dig, or causfe to be dug, any cellar, pit, vault or excavation, to a greater depth than nine feet below the curb of the street on which such lot or land abuts, or if there be no curb, below the surface of the adjoining lots ; and shall, by such excava- tion, cause any damage to any wall, house or other building, upon the lots adjoining thereto, the said owner or possessor shall be liable, in a civil action, to the party injured, to the full amount of the damage aforesaid. [S. & C, p. 1538, sec. 145. j Sec. 495. Depth of excavation allowable. Such owner or pos- sessor may dig, or cause to be dug, any such cellar, pit or excava- tion, to the full depth of any foundation walls of any buildings upon the adjoining lots, or to the full depth of nine feet below the established grade of the street whereon such lot abuts, without reference to the depth of adjoining foundation walls, without in- curring the liability prescribed in this chapter. [S. & C, p. 1538, sec. 145.] MTTNIOIPAL CORPORATIONS. 147 CHAPTER XLYI. BOARD OF IMPROVEMENTS. Section Section 496. Composition of board of improvemeutB. 602. Powers and duties of board. 497. Duties of board of improvements. 503. Petitions to be presented to board, etc. 498. Powers of the board. 604. Special boards of improvements in vil- 499. Clerk of board, his duties, etc. lages. 500. Superintendents of improvements. 605, Powers and duties thereof. 601. No improvements without recommenda- 506. No compensation allowed. tion of board. 'Sec. 496. [As amended, April 18, 1870, 67 L. 78.] Board of city improvements. Whenever the council of any city shall estab- lish a board of improvements, such board shall be composed of the mayor, the civil engineer, the street commissioner, the chair- man of the committee on streets of the city council, and one resi- dent freehold elector of the corporation, to be appointed by the mayor, with the consent of the council, for such time as may, by ordinance, be A&ievm.\'D.eiA ; provided, however, that in cities of the first class having a population exceeding one hundred thousand at the last federal census, such board shall be composed of the mayor, the civil engineer, the street commissioner, two resident freehold electors of the corporation, to be elected by the council, and the chairman of the com- mitttee on streets of the board of aldermen and the board of councilmen. [S. & C, p. 1518, sec. 75; S. & S., p. 832, sec. 128.] *Sec. 497. [As amended, April 18, 1870, 67 L. 78.] Duties of board. It shall be th«jlutyof the^ board to supervise the cleaning, repairing and improving of all streets, alleys, avenues, lanes, pub- lic wharves and landings, market houses and spaces, bridges, sew- ers, drains, ditches, culverts, ship channels, streams and water courses, and the lighting of all such public places as mny be deemed necessary, within the corporation, under the control of the council of the city. [S. & S., p. 831, sec. 123.] Sec. 498. Powers of the board. It shall have power to adopt 3uch rules and regulations for its government as it may deem necessary and expedient to effect the purpose of its organzation, iThis section diflfers from the section as originally passed only in tlie addi-. tion of the words in italics, and the substitution of " determined," in the seventh line, for "provided," in the original section. * Sec. 497. [Ab origiuaUy passed.] XhiHesofhoardofvm^ovements. It shaU be the duty of the board to supervise the lighting, cleaniog, repairing and improving of all streets, alleys, avenne^- iane'b, public aqitares and parka, public wharves and landings, market houses and spaces, bridges, lewers, culverts and ship channels, navigabU streams, and water courses, within the corporation, r the control of the council thereof. 148 THE LAWS OF not inconsistent with the ordinances of the corporation oc consti- tution or laws of the state. [S. & S., p. 832, sec. 127.] Sec. 499. Clerk of the hoard, his duties, etc. It shall have power to appoint a clerk, whose duty it shall be to attend all meetings of the board, and keep a complete journal of all its proceedings, orders and resolutions, which journal shall be at all times open for public inspection. It shall also be the duty of the clerk to per- form such other duties as the board shall, from time to time, re- quire; and he shall be entitled to receive such compensation for his services as the council, upon the recommendation of the board, may determine. [S. & S., p. 832, sec. 126.] Sec. 500. Superintendents of improvements. Such board shall also have power to employ such person or persons to superintend and perform the work of making improvements as the interests of the corpotation demand ; and the services of such employes shall be paid, on recommendation of the board, in such manner as the council may determine. [S. & S., p. 832, sec. 126.] * Sec. 501. [As amended, April 18, 1870, 67 L. 79.] No improve- ments without recommendation of board. No improvement or re- pairs shall be ordered or directed by the council in any corporation where such board has been created, for any street, lane, alley, avenue, market houses or spaces, bridges, sewers, drains or ditches, culverts, navigable streams, water courses, ship channels, public wharves or landings of the corporation, except on the recommendation of the board of improvements.' [S. & C, p. 1526, sec. 101; S. & S., p. 831, sec. 124.] '!'Sec. 501. [As originally passed.] Ab improvcTnents vjUlimit recommendtUion of hoard. No im- proTement or repairs shall be ordered or directed by the council for any street, lane, alley, ave- nue, jparlCf ywblic grounds, market houses or spaces, bridges, sewers, culTerts, navigable streams, water courses, ship channels, public wharves or landings of the corporation, except on the report and recommendation of the board of improvements. ' When the minutes of the board of city improvements showed that the hoard, on the 21st day of August, 1863, adopted a resolution "that the clerk prepare and transmit to the city council an ordinance to grade and macadam- ize" a certain street, and the minutes of council showed that such an ordi- nance, with a written report and recommendation annexed, hut not signed by the clerk, was, on the same day, presented to them as coming from the board of city improvements, and passed. Held, that this was a sufScient report and recommendation, under section 105 of the municipal corporation act of 1852. (8. & C. 1526.) [^Fisher v. Graham, 1 Cincinnati Superior Court Eeporter, 113; Taft and Hagans, JJ. ; Storer, J., dissenting.] But where the minutes of the board of city improvement read that a peti- tion was presented " at a joint session of the board of city improvements, and committee of public improvements of the city council, held this day — in MUNICIPAL CORPORATIONS. 149 Sec. 502. Powers and duties of board. The board shall ex- ercise such powers and perform such duties in the superintend- ence and construction of public works and improvements con- structed by authority of the council or owned by the corporation, and perform such other duties relating to the public improvements and the enforcement of ordinances relating to the streets of the corporation, as the council may from time to time prescribe. [S. & C, p. 1518, sec. 75; S. & S., p. 832, sec. 128.] Sec. 503. Petitions to be presented to board, etc. All petitions for improvements from owners of property shall be presented to the board, who shall report from time to time to the council when any such improvement is necessary or proper; and when any as- sessment is required, they shall report the same, and an estimate of the amount to be assessed, and the council shall take such action thereon as may be deemed proper. [S. & 0., p. 1526, sec. 101 ; S. & S., p. 832, sec. 125.] Sec. 504. Special boards of improvement in villages. The coun- cil of any incorporated village, in which there is no civil engineer or street commissioner chosen by the electors, shall have the power to appoint two resident freehold electors of the corporation, who shall hold their office for two years, and who, with the mayor, shall constitute the board of improvements of such corporation. Sec. 505. Powers and duties thereof. Such board shall have the same powers and perform the same duties in respect to the incor- attendanoe, John Horton, Frederick Stagge, Jeremiah Kiersted, city commis- sioner, and A. W. Gilbert, city civil engineer; committee of public improve- ments of the city council, present J. M. Noble, chairman," for the improvement; and on motion the clerk was directed to prepare and transmit to council an ordinance for the improvement. " The joint session then closed, and the board of city improvements proceeded to regular business." No report appearing with the ordinance, but the record of council showing that the ordinance was presented as coming from the board of city improvements. Held, that oral evidence was not admissible to supply defects in tho record, and that the record did not show a recommendation by the board sufficient to give council urisdiction, and therefore the assessment was void. [^Reynolds and Ahem v. Schweinefus, 1 Cincinnati Superior Court Keporter, 215; Hagans and Storer, JJ.] Taft, J., dissenting, held that presumptions must be in favor of public officers ; that as the council would have committed a breach of their publio luty in passing the ordinance without recommendation, it must be presumed o have been recommended; that the record showed a recommendation suffi- iiently, and that parol evidence could be received of the acts of the board, he statute not prescribing a record at all, much less making it the only evi- lence. [/Jirf.] See note to section 550. 150 THE LAWS OF porated village as are invested in and required of the board of city improvements under the preceding section of this cjhapter. Sec. 506. No compensation allowed. The board of improvements shall not be entitled to receive any compensation for their services. CHAPTEE XliVII. APPROPRIATION OF PRIVATE PROPERTY BT MUNICIPAL CORPORATIONS FOR PUBLIC USES. Section Section 507. PnrpoBes for which private property may 624. Order as to payment or deposit. be appropriated. 525. Time and manner of delivery of prop- 608. Appropriations for right of way, etc. erty. 609. Definitions. 526. Costs, bow to be paid. 610. Appropriation of turnpikes or plank 527. No delay from doubt of ownership. roads. 528. Interested parties may give bond, etc. 511. Concurrence of two-thirds of conncil nee- 529. Review, when and how it may be had. essary for condemnation, etc . 530. When execution of order may be sns- 512. Declaration of purpose to appropriate, pended. etc. 531. Appeal to court of common pleas. 513. Application to court, etc. 532. Notice of appeal, and guaranty. 614. Personal service of notice to owners, etc. 633. As to appeal by gnardian, married 615. Court to set a time for inquiry, etc. woman, etc. 616. Special term of court may be held . 534. Probate judge shall furnish transcript, 617. Jurors in probate court, how drawn, etc. etc. 618. Inquiry, etc., to be at time appointed. 535. Original papers maybe used. 619. A view of the premises may be required. 536. Corporation shall not appeal. 620. Guardian ad litem for infants, etc. 537. Effect of neglect to take possession in 621. Fuller description of property may be re- six months. quired. 538. Provisions of this chapter applicable to 622. Assessment, how made. villages. 523. Verdict in whole or in part. 'Sec 507. [As amended, April 17, 1870, 67 L. 79.] Purposes for which private property may be appropriated. Each city and incor- porated village shall have power to appropriate, enter upon and hold real estate within its corporate limits, for the following pur- poses ; but no more shall be taken or appropriated than is reason- ably necessary for the purpose to which it is to be applied :' [S. & C, p. 1501, sec. 26.] 'This section differs from the section originally passed only in the insertion of the words in italics, and in the omission between paragraphs 8 and 9 of the following clause : "For the four purposes last above named the right to appropriate may be exer- cised anywhere within the county in which the corporation or any part thereof is located;" and the substitution of "buildings," in the first line of the third paragraph, for "building," in the original section. ' Under section 26 of the act of 1852, governing municipal corporations, the discretion of determining the quantity of ground required by the municipal cor- poration is vested in the corporation, and the court can not interfere with this MUNICIPAL CORPORATIONS. 151 1. Streets, markets, etc. For opening, widening, straightening and extending streets, alleys and avenues. 2. For market spaces. 3. Engine houses, prisons, etc. For building and structures re- quired for the use of the fire department. 4. For public halls and necessary offices. 5. For prisons. 6. For infirmaries. 7. For work houses. 8. For houses of refuge and correction. 9. For public hospitals. 10. Parks. For public parks ; and for this purpose the right to appropriate shall not be limited to lands lying within the limits of the corporation. [S. & S., p. 884, sec. 287.] 11. Gas and water works. Foi'gas works. 12. For water works ; and Jbr this purpose the right to appro- priate shall not be limited to lands lying within the limits of the corporation. 13. School houses. For school house sites and grounds, the same having been recommended and the site selected by the Jioard of education. [S. & S., p. 720, sec. '44.] 14. Cemeteries. For public cemeteries ; and for this purpose the right to appropriate shall not be limited to lands lying within the corporation. But no land shall be appropriated under this pro- vision until the court shall be satisfied that suitable premises can not be obtained by contract upon reasonable terms ; and no lands shall be appropriated upon which there may be any dwelling house, barn, stable, or other farm building, or upon which there shall be any orchard or nursery, or any valuable mineral or other medicinal spring ; or any well actually yielding oil or salt water ; nor shall any land be appropriated within two hundred yards of any dwelling house. [S. & S., p. 874, sec. 251.] 15. Wharves, levees, etc. For public wharves and landings on navigable waters. 16. For levees to protect against floods; and for this purpose the corporation shall have power to appropriate, enter upon, and take private property lying outside of the corporate limits; and oaay extend and strengthen its levees and embankments along any ietermination, in the absence of proof of fraud, or bad faith, or that the property is intended to be used for purposes other than that for which it is ippropriated. \^Iron B. R. Co. v. Ironion, 19 Ohio St. 299.] Where fraud or bad faith in the exercise of the power is shown, the courts will interfere. [iSid.; Oiesy v. C. W. and Z. R. R. Co., 4 Ohio St. 308.] 152 THE LAWS OF river or stream adjacent to the limits of the corporation ; and may ■widen the channel of such river or stream. [S. & S., p. 843, sec. 151.] 17. Bridges, canals, etc. For necessary bridges. 18. For constructing, opening, excavating, improving, deepen- ing, enlarging, straightening or extending any canal, ship canal, or water course, located in whole or in part within the limits of the corporation, which is not owned in whole or in part by the state, or by any company or individual authorized by law to make such improvement. [S. & C, pp. 1531, 1532, sec. 120; S. & S., p. 845, sec. 160.] 19. Sewers, privies, etc. For sewers, drains and ditches. [S. & C, p. 1501, sec. 26 ; S. & S., p. 850, sec. 173, and p. 863, sec. 212.] 20. For public water closets and privies. 21. For lighting any public use. [S. & C, p. 1501, sec. 26.] Sec. 508. Appropriation for right of way, etc. The power to ap- propriate may also be exercised where it is necessary to acquire the right of way to, or additional grounds for the enlargement or improvement of any public use herein specified. And whenever material is required for the construction, improvement, or repair of any such use, the corporate authorities are empowered to enter, appropriate and take the same ; and for this purpose they may go outside the corporate limits. [S. & C, p. 1501, sec. 26.] Sec. 509. Definitions. The terms "land" and "real estate," as used in this chapter, shall be regarded as including rights and easements of any incorporeal nature. Sec. 510. Appropriation of turnpikes and plank roads. When any turnpike or plank road terminates within the corporate limits, any portion of such turnpike or plank road so included therein, shall become a public street of the corporation, and shall be maintained and kept in repair as other streets; and the council may cause the same to be condemned and appropriated for use as such, according to the provisions of this chapter. [S. & S., p. 841, sec. 141.] Sec. 511. Concurrence of two-thirds of council necessary for con- demnation, etc. ISo improvement requiring proceedings for the condemnation of private property, shall be made without the con- currence, in the by-law, ordinance or resolution directing the same, of two-thirds of the whole number of the members elected to the council. [S. & C, p. 1525, sec. 100 ; S. & S., p. 846, sec. 161.] Sec. 512. Declaration of purpose to appropriate, etc. When it shall be deemed necessary by any municipal corporation to appro- priate private property, as above provided, the council shall, by resolution, declare such intent, defining therein the purpose of the appropriation, and setting out a pertinent description of the prop- MUNICIPAL CORPORATIONS. 153 3rty designed to be appropriated.' On the passage of such resolu- tion, the yeas and nays shall be taken and entered ou the record of the proceedings of the council. [S. & C, p. 1503, sec, 27.] Sec. 513. Application ta court, etc. Upon the passage of tho resolution by the requisite majority, application in writing shall be made to the court of common pleas of the proper county, or to the judge thereof, in vacation, or to the probate court of the proper county, which application shall describe as correctly as may be the property to be taken, the object proposed, and shall Dame the owners of the property, and of each lot or parcel thereof, known. [S. & C, p. 1503, sec. 27, and p. 1553, sec. 197.] Sec. 514. Personal service of notice to owners. Notice of the time and place of such application shall be given personally, in the or- dinary manner of serving legal process, to all the owners of the property sought to be appropriated, resident in the state, whose place of residence is known ; and to all others, by publishing a copy of the application, with a statement of the time and place at which it is to be made, for three weeks next preceding the time of the application, in some newspaper of general circulation in the county.^ [S. & C, p. 1503, sec. 27.] Sec. 515. Court shall set a time for inquiry, etc. If it shall ap- pear to the court or judge that such notice has been served five days before the time of the application, or has been published as above provided, and that such notice is reasonably specific and certain, the court or judge may set a time for the inquiry into and assessment of compensation, by a jury of twelve men, unless all the parties shall agree upon a less number, who shall be duly sworn to discharge that duty. [S. & C, p. 1503, sec. 27.] Sec. 516. Special term of court may be held. If the application be in the court of common pleas, and such court shall not be in session on the day fixed for the inquiry and assessment of com- pensation, the judge of the court of common pleas of the subdi- ' As to what is a sufficient description of the property taken, see Cleveland and Toledo R. B. Co. v. Prentice, 13 Ohio St. 373.] When land is appropriated for an embankment, a necessary consequence of which is the diversion of a water course, the latter falls within the appropria- ;ion for which compensation was made. [Huesion v. Eaton and Hamilton R. R. Co., 4 Ohio St. 685, 689 ; see also Ward v. Marietta and N. T. and B. Co., 6 Dhio St. 15.] 'Under section 27 of the municipal corporation act of 1852 (which was in this respect the same as the present section), it was held that it was not suffi- iient to publish a statement of the appropriation, and a description of the ands to be taken, substantially as set forth in the application, but a full copy if the application must be published. [^Hurheck v. Toledo, 11 Ohio St., 219.] 154 THE LAWS OP vision in which the property is situated, or in case of his absence, interest or disability, any other judge of said court within the dis- trict shall hold a special term of said court, for the purpose of hearing and determining such inquiry and assessment, and shall direct a jury to be summoned for the purpose of making such in- quiry, in the same manner that petit jurors are summoned in the court of common pleas for other purposes. [S. & C, p. 1503, sec. 27.] Sec. 517. Jurors in probate court, how drawn,, etc. If the appli- cation be in the probate court, the clerk of the court of common pleas of the county shall, on the day fixed for the application, in the presence of the probate judge, draw twev-e names, or such less number as may be agreed upon by the parties, from the box con- taining the names of persons selected as jurors for the county; and the persons so drawn shall be summoned and serve as the jury, unless excused or set aside by the court for good cause shown. If, for any cause, the panel is not full, the probate judge shallflll the same from the bystanders. [S. & C, p. 1503, sec. 27.] Sec. 518. Inquiry, etc., to he at the time appointed. The inquiry and assessment shall be made at the time appointed, unless, for good cause, continued to another day.' [S. & C, p. 1503, sec. 27.] ' In proceedings in the probate court, under the act of April 30, 1852, a jury is to be impaneled to try all the oases, but each party has a right to his chal- lenges, as if the trials were separate. [GHeay v. C. W. and Z. R. R. Co., 4 Ohio St. 308.] Under the act of 1852, regulating the proceedings of private corporations, each party, after the jury is impaneled, has a right to a separate trial, [/iicf.] But under the municipal corporation act of 1852, it is held in the probate court and in the court of common pleas of Hamilton county, that a party has not a right to a separate trial, but the cases are to be heard together in such numbers as in the discretion of the court may seem proper. In the court of common pleas of Hamilton county, the opening and close is given to the municipal corporation. The point was distinctly ruled in Oin- cinnati v. Bates. But in the probate court the opening and close was, in Cin- cinnaii v. Starrs Turnpike Co., given to the property owner, and I am Informed the same ruling was mad'e in the Muskingum common pleas. The owner is entitled to receive the fair cash value of the property at the time it is taken, so much as he might fairly expect to sell it to others for if it was not' taken ; and this amount is not to be increased from the necessity of it to the corporation on the one hand, nor diminished from any necessity to sell it on the other; it is to be valued precisely as it would be appraised for sale upon execution, or by an executor or guardian ; and without any regard to the exterior causes that may have contributed to make up its present value. The jury are not required to consider how much, nor permitted to make any use of the fact that it may been increased iu value by the proposal or construe- MrNICIPAL CORPORATIONS. 155 Sec. 519. A view of the premises may be required. A view of the premises shall be ordered, when desired by the jury, or demanded tion of the work for which it is taken. \_OiesT/ v. C. W. and Z. R. B,. Co., 4 Ohio St. 308.] ( The owner of property is a competent witness on his own behalf. Sections 604 and 605 of the Code have reference only to the forms of proceeding, and not to the competency of witnesses. \_Atlantic and Q. W. E. B. Co. v. Campbell, 4 Ohio St. 583.] A witness can not state his opinion of the damage ; that is the question that the jury are to determine from the . facts. He can describe the manner in which the property is affected, and state his opinion as to the value of the property, \_lbid.; C. and P. R. R. Co. v. Ball, 5 Ohio St. 568.] Whore land is valued, the limits of compensation may be comprehended in the following: first, the abstract value of the quantity of ground taken; second, the value arising -from the relative situation of the land taken, in con- nection with the residue of the owner's land from which it is severed; and third, the effect upon the residue of the owner's land, arising from the uses for which the appropriation is made. [C and P. R. R. Co. v. Ball, 5 Ohio St. 5687 575.] Whether local incidental benefits can be set off against local incidental damages, see Ibid., and lAUle Miami B. B. Co. v. Collett, 6 Ohio St. 182. Sales of neighboring property are not competent on direct examination, at least unless the sale be of precisely similar property very near and very recent, and perhaps not even then, but on cross-examination they may be inquired into to test the witnesses' knowledge. [Cincinnatiy. Bates, Hamilton District Court; see also McCracken v. West, 17 Ohio, 16, 24.] Where land originally taken for one public use is. transferred to another, >he measure of compensation to the owner is compensation for such additional burden and inconvenience, not common to the general public, as accrues to him and his entire tract on which the easement is imposed, by reason of the change of uses to which the lands appropriated have been subjected. [Hatch V. C. and I. E. R. Co., 18 Ohio St. 92.] Where land once taken for canal purposes is appropriated from the canal by a railroad, its value is not what the property is worth for canal purposes alone, or for any other particular use, but what it was worth generally for any and all uses for which it might be suitable. [Qoodin v. Cincinnati and Whitewater Canal Co., 18 Ohio St. 169.] Where a strip of land was used in common by a canal and turnpike, and it is taken by a railroad, and a track constructed thereon, the measure of dam- iges to the turnpike company is the diminution of the productive value of its property, caused by reason of the change of the canal to a railroad, excluding, bowever, all diminution arising merely from competition between the two roads IS means of transportation and travel. [C and I. R.R.Co. v. Zinn., 18 O.St. 417.] A motion for a new trial, when the verdict is unsatisfactory, is neither neo- issary nor proper. The remedy is by petition and report to the district court. Bates V. Cincinnati, Hamilton District Court.] The corporation appropriating land may decline to take it, and judgment ;an not be entered against them for the price. [^State, ex rel. Hayes, v. dncin- naii and Ind. R. R. Co., 17 Ohio St. 103.] 156 THE LAWS OF by any party interested in the proceeding. [S. & 0., p. 1503, sec. 27.] Sec. 520. Guardian ad litem for infants, etc. If, at the time of such application, it shall appear that any of the owners of the property sought to bo appropriated arS infants, or insane, and that they have no guardian, a guardian ad litem, shall be appointed to act in their behalf.' [S. & C, p. 1502, see. 27.] Sec. 521. Fuller description of property may he required. The corporation may be required to file a more full and accurate de- scription of the property to be taken, and the object proposed, and maps, plats and surveys, if, in the opinion of the court, the same shall be necessarj- and proper. [S. & C, p. 1503, sec. 27.] Sec. 522. Assessment, how made. The assessment shall be in writing, signed by the jury, and shall be made so the amount pay- able to each owner may be ascertained, either by allotting it to each owner by name, or on each lot or parcel of land;' and the inquiry and assessment shall, in other respects, be made by the jury, under such rules and regulations as shall be given by the court. [S. & C, p. 1503, see. 27.] Sec. 523. Verdict in whole or in part. The jury shall be sworn to make the whole inquiry and assessment, but may be allowed to return a verdict as to part, and be discharged as to the rest, in the discretion of the court; and in case a jury shall be discharged from rendering a verdict in whole or in part, another shall be drawn and impaneled at the earliest convenient time, who shall make the whole inquiry and assessment, or the part not made, as the case may be. [S. & C, p. 1504, sec. 27.] Sec 524. Order as to payment or deposit. So soon as the amount of compensation which may be due to the owners of the property to be taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its pa^-ment or its de- posit, as shall be deemed right and proper in respect to the time and place of payment or deposit, or to the persons entitled to receive I Under the act of 1852, it was held that proceedings to assess the compen- sation for property belonging to a minor are invalid unless a guardian ad litem is appointed, although the minor is actually represented in the case by an attorney employed by his actual guardian, and the fact of minority is not made known until after the trial. [ Wewell v. Cincinnati, Hamilton District Court, MS.] '' Where the jury in allotting the sum upon the lots set a gross sum upon two lots belonging to different owners, it is error in the court to apportion the Bum, but if the jury has been dismissed before the error is noticed, another jury must be impaneled. [ Wewell v. Cincinnati, Hamilton District Court, MS.] MUNICIPAL CORPORATIONS. ' 157 payment, and the proportion payable to each,' and may require adverse claimants for any part of the money or property, to inter- plead, so as fully to settle and determine their right and interests iccording to equity and justice.' [S. & C, p. 1504, sec. 28.] Sec. 525. Time and manner of delivery of property. The court may direct the time and manner in which jjossession of the prop- erty condemned shall be taken or delivered, and may, if necessary, enforce any ordejf giving possession. [S. & C, p. 1504, sec. 28.] Sec. 526. Costs, how paid. The costs occasioned by the inquiry and assessment shall be paid by the corporation, and the other costs which may arise shall be charged or taxed as the court in its discretion may direct. [S. & C, p. 1504, sec. 28.] Sec. 527. I^o delay from doubt of ownership. No delay in mak- ing an assessment of compensation, or in taking possession, shall be occasioned by any doubt which may arise as to the ownership of the property, or any part thereof, or as to the interests of the respective owners; but in such cases the court shall require a deposit of the money allowed as compensation for the whole property, or the part in dispute; and in all cases, as soon as the corporation shall have paid the compensation assessed, or secured its payment by a deposit of money under the order of the court, possession of the property may be taken, and the public work or iftiprovement progress. [S. & C, p. 1504, sec. 28.] Sec. 528. Interested parties may give bond, etc. Any person or persons interested in the appropriation of private land for any street, alley or public highway, may, before or after the passage of an ordinance for the opening of such street, alley, or public highway, or before or after application to the court, execute his, her or their bond, payable to the corporation, to the acceptance of the council, conditioned for the payment of all damages which may be assessed by the jury ; and such bond shall be good in law, and if such bondsmen shall make payment or deposit according to the order of the court, then such street, alley, or'highway shall be opened ; or the corporation may, at its discretion, make such ' The liability of a lessee to payment is not extinguished by the appropria- tion of the leased ground for public uses, and he Is entitled to be compensated by the city for this liability. [^Fooie v. (Hncinnati, 11 Ohio, 408.] ' Where the city claims title to a portion of the ground required for some public use which is in the possession of third parties, it is not bound to await the tedious progress of an ejectment, but may condemn the property, have its value assessed, pay the money into court, and litigate its rights by a claim to the money. The appropriation does not estop it. \_WeweU v. Cincinnati, Hamilton District Court, MS.] 158 THE LAWS OF payment or deposit, and collect by law the amount of such dam- ages of such bondsmen, with or without costs, as the court may direct. [S. & C, p. 1504, sec. 28.] Sec. 529. Beview, when and how it may be had. "Where the pro- ceeding was in the court of common pleas, whether upon an origi- nal application therein, or upon an appeal from the probate court, any party interested in such inquiry and assessment, who shall feel aggrieved by the finding of the jury, or the order of the court, may have the part thereof in which such party may bo interested and feel aggrieved, reviewed in the district court, by filing a peti- tion for that purpose in the court of common pleas during the term at which the finding or decision complained of shall have been made; and it shall be the duly of the court of common pleas to report, in the nature of a bill of exceptions, the facts necessary to show the ground of the finding or decision; and said petition and report, or a transcript thereof, being filed in the district court (which shall be done on or before the first day of the next term thereof), the matter shall be heard and determined ; and if the court sh^ll find that right and justice has not been done, a new assessment may be ordered by a jury in that court, which shall be made without delay, at the same term, if practicable; or such other final order or judgment shall be made as may be deemed proper and equitable. [S. & C, p. 1505, sec. 29.] « Sec. 530. When execution of order may be suspended. When such petition shall be filed, the court of common pleas may suspend the execution of any order which may have been made, on such terms as may be deemed proper, and may require a bond, with security for the payment of any damages or costs which may be thereby occasioned ; but in all cases where the municipal corporation shall pay, or secure by a deposit of money, the compensation assessed by the jury, and shall give such security as may be deemed ade- quate to pay any further compensation, and all damages and costs which may be adjudged in the district court, the right to take and hold the property condemned shall not be affected by any such review. [S. & C, p. 1505, sec. 29.] Sec. 531. Appeal to court of common pleas. Where the pro- ceeding was had in the probate court, any party interested in the inquiry and assessment may take an appeal to the court of com- mon pleas ; and thereupon the same proceedings shall be had as if the application had been originally made in that court, except that the corporation shall not be required to give notice of its ap- plication, and the inquiry and assessment shall be limited to the case of the party taking the appeal. The court shall make such MUNICIPAL OORPOBATIONS. 159 )rder for the payment of the costs accruing upon the appeal as may ieem equitable and j ust. [S. & C, p. 1218, sec. 37 ; S. & S., p. 620, sec. 1 .] Seo. 532. Nature of appeal and guaranty. The party desirous Df appealing, shall, within ten days after the date of the final 3rder determining the rights of such party, file with the probate judge notice of his or her intention to appeal ; and shall further, within twenty days after the making of said order, give a written undertaking to the adverse party, with one or more sufficient sure- ties to be approved by the probate judge, conaitioned that the party appealing shall abide by and perform the order, judgment or decree of the appellate court, and pay all costs or moneys which may be awarded against said party by such court. [S. & C, p. 1218, sec. 38.] Sec. 533. As to appeal by guardian, married woman, etc. "When the appeal is taken by anj' person as guardian, executor or admin- istrator, who has given bond as such to the state, no undertaking shall be required from such guardian, executor or administrator. When an appeal is taken by a married woman, it shall be suf- ficient if the undertaking is signed by her surety or sureties. [S. & C, p. 1218, sec. 40.] Sec. 534. Probate judge shall furnish transcript, etc. The pro- bate judge shall, upon the giving of the undertaking as above provided, or upon the filing of notice of the intention to appeal where no undertaking is required, make out an authenticated transcript of the docket or journal entries and of the order or decision appealed from, which shall be forthwith filed with the clerk of the court of common pleas by the person appealing, and the appeal shall thereupon be considered perfected. If the tran- script is not filed within thirty days after the date of the under- taking, or of the filing of the notice of intention to appeal where no undertaking is required, the party shall be deemed to have waived an appeal. [S. & C, p. 1218, sec. 39 ] Sec. 535. Original papers may be used. The original papers pertaining to the proceeding may be used upon the hearing or inquiry in the court of common pleas, and shall be transmitted by the probate judge for that purpose. [S. & C, p. 1218, sec. 39.] Sec. 536. Corporation shall not appeal. The municipal corpora- tion shall have no right of review or appeal. Sec. 537. Effect of neglect to take possession in six months. When- ever a municipal corporation shall make an appropriation of land for any purpose specified in this chapter, and shall fail to pay for or take possession of the same within six months after the assess- ment of compensation shall have been made, as above provided, the right of such corporation to make such appropriation on the 160 THE LAWS 01" terms of the assessment so made, shall cease and determine; and any land so appropriated shall be relieved from all incumbrance on account of the proceeding in such case or the resolution of the council making the appropriation ; and the judgment or order of the court, directing such assessment to be paid, shall cease to be of any effect, except as to the costs adjudged against the corpora- tion. [S. & S., p. 894, sec. 323.] Sec. 533. Provisions of this chapter applicable to villages. In cases in which incorporated villages for special purposes are authorized to appropriate private property, the proceedings shall conform, as far as practicable, to the provisions of this chapter. [See ante, chap. 5.] CHAPTEE XLYIII. GENERAL RULES RELATIVE TO IMPROVEMENTS AND SPECIAL ASSESS- MENTS.' Section Sectios 539. For what improvements general tax shall 660. Costs in case of error or defect in pro- be levied. ceedings. 640. Where concurrence of two^thirds of coun- 551. When re-assessment may be ordered, cil requisite. 552. Proceedings upon re-assessment. 541. Assessments on owner of life estate, etc. 553. Special duty of court of common pleas. 542. Kules of assessment. 554. Certiiicate and collection of unpaid as- 543. Assessment never to exceed fifty per cent. sessment. of value. 555. Payment and application of assess- 544. What shall bo estimated as cost of im- ments. provement. 556. Duration of lien, etc. 545. Lien from date of assessment. 557. Where new action may he commenced, ^ 546. Amount of assessment and penalty recov- 558. Collection of assessment in advance. erable by suit, etc. 559. As to deficiency or excess of assessment. 547. How lien may be enforced. 560. As to change of grade, after being once 548. Lien as to non-resident owner. established. 549. Lien may be enforced against all owners, 561. As to added territory. or a part. 562. Proceedings in making improvements or repairs. *Sec. 539. [As amended, April 18, 1870, 67 L. 80.] Taxes for city improvements. For the payment of the cost of the following ^ The general grant of legislative power under the constitution of 1851 -in- cludes the power to authorize assessments. {^Rill v. Higdon, 5 Ohio St. 243; * Sec. 539. [As originally passed.] For what improvemenia general tax gJiall be levied. For the pay- ment of tho cost of the following improvements^ including the necessary real estate, the council shall levy and assess a tax upon the general duplicate of all the real and personal property sub- ject to taxation witliin tho limits of the corporation, which levy and assessment shall Be by tho clerk Of the corporation certified to the auditor of the county, and by tho auditor charged in the duplicate against aaid taxable property, and collected as other taxes ; that is to say, for public halls and necessary othces, for structures for the fire department, for water works, market houses and spaces, cemeteries, parks, infirmaries, hospitals, gas woiks, prisons, houses of refuge and correction, work houses, public privies, and rights of way, wharves and landings on navigable waters, levees and embankments. MUNICIPAL CORPORATIONS. 161 improvements, including the nece'fesary real estate, the council shall levy and assess a tax upon the general duplicate of all the real and personal property subject to taxation within the limits of the corporation, which levy and assessment shall be by the clerk Ernst v. Kunkle, 5 Ohio St. 520; Reeves v. Treasurer of Wood Co., 8 Ohio St. 333]. An assessment is not a taking of private property for public use, hut a species of taxation. {Seovill v. Cleveland, 1 Ohio St. 126.] Assessments are not withi n the purview of the word taxing in the clause of sec- tion 2, article 12, of the constitution of 1851, requiring all property to be taxed by a uniform rule, according to its true value in money. This section is only applicable to, and furnishes the general principle for, all laws levying taxes for general revenue, whether for state, county, township, or corporation purposes. In the exercise of the power of assessment by municipal corporations, legis- lative discretion in apportioning the burden according to benefit, is left as broad and unfettered as under the constitution of 1802. It may be laid in proportion to the feet front as well as in proportion to the value of tbe lands assessed. \_HUl v. Higdon, 5 Ohio St. 243; Ernst v. Kunkle, 6 Ohio St. 520; Reeves v. Treasurer of Wood Co., 8 Ohio St. 333.] Whatever rule is adopted, the assessment must be uniform, and the fact that one or more tracts have not been benefited by the assessment will not render it invalid. [^Ibid. See also Northern Ind. R. R. Co. v. Connelly, 10 Ohio St. 159.] The formalities required in making assessments, under the act of 1853, con- stitute a restriction upon the power of council such as is required by the con- stitution. Whether it is a sufficient restriction or not is a question for the leg- islature, not for the courts. IMaloy v. Marietta, 11 Ohio St. 636.] When in the improvement of a street, squares formed by the intersection of other streets are crossed and improved, the city council, may, if the object of improving the intersections is the improvement of such street, assess the ex- pense of such intersection upon the property abutting on the street. [ Creigh- ton V. Scott, 14 Ohio St. 438. See also note to sec. 559 ; but see sec. 590.] Under a charter providing that the expenses of an improvement may_be paid for by a discriminating assessment upon the land and ground hounding and abutting on said road, etc., or near thereto, the expense of improving a portion of a street is properly assessed upon the ground on or near the portion of the street so improved, not on that abutting on the whole of the street. {SeovUl V. Cleveland, 1 Ohio St. 126.] Under the language of the act of 1852, the same rule applies. lOreighfon V. Scott, 14 Ohio St. 438 ; Northern Ind. R. R. Co. v. Connelly, 10 Ohio St. 159.] Where the boundary line of a municipal corporation is in the center of a !ixty foot street, the city may improve that portion of the street lying within its limits, and assess the costs and expenses thereof upon the property within the iity abutting on the portion of the street improved. [^Scully v. Cincinnati, L Cincinnati Superior Court Reporter, 183.] The fact that the incorporated village within which the other half of the 162 THE LAWS OP of the corporation certified to' the auditor of the county, and by the auditor charged in the duplicate against such taxable property, and collected as other taxes ; that is to say, for public halls and necessary offices, for structures for the fire department, for water street lay, proceeded at the same time to improve that portion of the street ■which lay within its limits, and that the assessments made by the corporations differed in amount, does not affect the validity of the assessment for want of uniformity, the assessment of each corporation being uniform upon the prop- erty embraced within its limits. [Ibid.'] That an estimate of the expense and assessment made thereon were too large does not affect the validity of the assessment, in the absence of fraud or bad faith on the part of the person making it, though, as was held in Reed v. Toledo, 18 Ohio, 161, and Jones v. Cincinnati, 18 Ohio, 318, the fact that a portion of the assessment was for purposes not authorized in the charter would have done so. [ Scovill v. Cleveland, 1 Ohio St- 126.] "Where the attempt to appropriate property for a street was void from a de- fect in the notice to the owners of the property, the assessment for the expenses of making the street is a fortiori invalid. The remedy of the contractor, if any, is against the city, not against the individual owners of the lands covered by or abutting upon the improvement. [Harbeck v. Connelly, 11 Ohio St. 227.] When the work has been done by the city authorities and an assessment made therefor, the property holder can not, in a suit on the assessment, object that the city has not paid the contractor, nor that the contractor has agreed to take the assessment in payment for the work. IBliss v. Kraus, 16 Ohio St. 54.] But when the contractor proposed to do the work for a certain price in cash, or for a certain other and greater price if paid in assessments, and the con- tract was made at the last-named price, the contractor agreeing to take the assessments, the amount recovered was properly reduced to the cash price. lIbid.-\ One who contracts with a municipal corporation to do certain work, and to take the assessment in payment therefor, has no recourse upon the city if the assessment can not be recovered in full on account of a deficiency in the value of the land. " He has bound himself in writing never to bring the action. He entered into the contract with his eyes open. He must be presumed to have known the law in relation to assessments, and he was bound to know the facts in relation to the value of the lots, the cost of the work, and the language of the contract." [Creighion v. Toledo, 18 Ohio St. 447; Welkery. Toledo, 18 Ohio St. 452, 455; Byan v. Cincinnati, 1 Cincinnati Superior Court Eeporter, 245.] [In the first of these cases, which was before the amount of the assessment was limited to fifty per cent., the contract stipulated that he should be paid " in the following manner ;" then reciting the making and delivery of the assessment ; in the second, the contract expressly stipulated that if the assess- ment proved to be beyond fifty per cent, of the value of the lots, no recourse should be had upon the city, the contractor agreeing to take and collect the assessment at his own risk. In the third, the contract stipulated that the con- tractor should take the assessment, and that the city should not in any event MUNICIPAL CORPORATIONS. 163 works, market houses and spaces, cemeteries, parks, infirmaries, hospitals, gas works, prisons, houses of refuge and correction, work hQuses, public privies and urinals, lands appropriated fon be liable to pay for any part of the work or materials used for the same, ex- cept such as might properly be chargeable on the city property bounding and abutting on the street.] An ordinance to grade a street "from Western avenue to Milloreek bridge " will be held to include the avenue, if the action of the authorities show that to have been the intention, and will justify an assessment made by another ordinance including the avenue. \^Ridenour v. Safiin, 1 Handy, 464.] A defendant can not set up in defense to an assessment an error which di- minishes his assessment. [/Sicf.] "Where the boundary line of a corporation is the center of a sixty foot street known as McMillan street, and the ordinance to improve orders the im- provement of McMillan street, and the assessing ordinance assesses the prop- erty on one side of McMillan street only, the assessment is valid, as the first ordinance, though speaking of McMillan street generally, must be held to re- fer to the McMillan street in the city of Cincinnati, which was thirty feet wide. [^Scully V. Cineinnaii, 1 Cincinnati Superior Court Beporter, 183.] Under sections 26 and 30 of the municipal corporation act of 1852, it was competent for council, by a general ordinance, to declare that the expenses of an improvement should be levied on the abutting property in proportion to the number of feet front, and an ordinance for an improvement, passed while such general ordinance was in force, and declaring that the expenses should be assessed in accordance with the laws and ordinances of the city on the subject of special taxes, is not obnoxious to the objection that it does not sufficiently determine which mode of assessment is to be followed. [Hamhold v. Barton, Hamilton District Court, "White, J., delivering the opinion; Reynolds v. Ham- mond, Superior Court of Cincinnati, General Term; but see sec. 576.] Under the same sections, where a general ordinance of the same kind exists, though the ordinance for the improvement contain s no reference to such gen- eral ordinance, it must be presumed that the general ordinance was in the contemplation of council at the time, and as they did not choose to except this improvement from its operation, it must be held that they determined that the assessment should be made in accordance with the rule prescribed in the general ordinance. [Strohman v. Hutchins, Hamilton District Court, MS.] Under the Cincinnati charter of 1839, when there was a general ordinance in force directing the mode in which assessments should be collected, an ordi- nance for an improvement providing that " a special tax should be assessed and collected, etc., according to the ordinances in such case made and pro- jrided," is a sufficient basis for an assessment. \_Lowden v. Cincinnati, 2 Disney, 203.] "When the contract stipulates that the contractor is to take an assessment n pay, the city will be liable to him if it refuses to give him an assessment, 3ut it is entitled to a reasonable time, after the completion of the work, to ssue the assessment. \^lbid.'\ The certificate of the city civil engineer that the work was done in accord- 164 THE LAWS OF streets or rights of way, and wharves and landings on navigable waters, levees and embankments. [S. & S., p. 804, sec. 28.] ance with the contract, is conclusive against the property holder in the absence of fraud and collusion. [^Ridenour v. Saffin, 1 Handy, 464.] A mere variation in the grade of the street from that fixed by ordinance, which does not materially aifect the amount of the assessment, will not invali- date it. \_Strohman v. Sutchins, Hamilton District Court.] When a valid resolution to contract for certain work was passed, and the work done under it, hut no sufficient declaration was made of the intention to charge the expense of the improvement upon the property, the city is liable for the work done. [Foliz v. Oincinnati, 2 Handy, 261.] Under the act of 1852, in a suit on an assessment, a statement of the requi- site facts in a general form was good on demurrer. IBurns v. Patterson, 2 Handy, 270.] When property owners have a good defense to a portion of the assessment, and no way to avail themselves of it, except to contest the whole, no penalty should be allowed upon the amount of the assessment. But when the assess- ment is sustained the court has no discretion, but must allow the contractor his penalty. [Erwin v. Champlin, Hamilton District Court; opinion by Scott, J.] When one of the conditions on which the use of a certain street was granted to a street railroad company, was that it should boulder the street and keep it in repair, and the city had subsequently, for a valuable consider- ation, released the company from this obligation, the property owner had no such interest in the first arrangement, though the effect of it was to relieve him from the payment of assessments, as to enable him to throw future assessments upon the city. \_Foltz v. Lyons, Superior Court of Cincinnati, General Term ; Taft, J., delivering the opinion ; Storer and Hagans, J J., con- ourringl; MS.] No such consideration moved from the property holders, even though the consent of & majority of them had been requisite to enable the council to make the grant, as to entitle them to the benefit of the contract between the railroad company and the city. [TiiA] [Leave to file petition in error was refused by the Supreme Court in this case.] Under the Cleveland charter, of March, 1836, requiring the assessing com- mittee to give notice to claimants for damages, one who had no claim can not ■object that no such notice was given. \_Scovill v. Cleveland, 1 Ohio St. 126.] Authority to assess the damages awarded to property owners for property itaken to open a street upon the property benefited thereby, does not warrant an assessment for the expense of improving the street. \_Reed v. Toledo, 18 Ohio, 161.] To render an assessment valid, it is not necessary that there should be any immediate or obvious benefit to .the property abutting on the street. [North- ■ern Ind. R. R. Co. v. Connelly, 10 Ohio St. 1 59; Cottle v. King, Superior Court of Cincinnati, General Term.] When real estate is about to be sold under a proceeding altogether illegal and void, but nevertheless under legal color, the court will restrain the pro- MUNICIPAL CORPORATIONS. 165 ^Seo. 540. [As amended, April 18, 1870, 67 L. 80.] When two- ■Mrds vote requisite. No public improvement provided for in chap- ters forty-nine and fifty, tlie cost or part of the cost of which is to be specially assessed on the owners of adjacent property, and no srder appointing assessors of damages or confirming their report, 3hall be made without the concurrence of two-thirds of the whole Qumber of the members elected to the council, unless two-thirds of the owners to be charged shall petition in writing therefor ; and in incorporated villages having a less population than four thousand, no special assessment shall be made except for sidewalks, unless first having received the assent of a majority of the owners to he charged therewith. [S. & C, p. 1525, sec. 100 ; p. 1532, sec. 120 ; p. 1547, sec. 174, and p. 1552, sec. 189; S. & S., p. 847, sec. 161, and p. 858, sec. 196.] *Seo. 541. [As amended, April 18, 1870, 67 L. 80.] Belativeto tax on life estates. Where a special assessment is made on real es- tate subject to a life estate, such assessment shall he payable by the ceedings \>y injunction. [Burnet v. Cincinnati, 3 Ohio, T3 ; Culiertson v. Cincinnati, 16 Ohio, 574.] But a court of equity will not interfere hy injunction to prevent the collec- tion of a tax assessed in the ordinary way, and unaccompanied by any cir- cumstances of peculiar injury, even if the law authorizing the tax is uncon- stitutional. [McCoy V. Chillicothe, 3 Ohio, 370.] There must be circumstances of peculiar hardship to justify the interposi- tion of a court of equity. It is not enous;h that the appraisers, in assessing compensation, made a mistake in the quantity of land taken, for their proceed- ings can be reviewed in a proper manner, nor that there were errors in the assessment, for these can be corrected at law. [Armstrong v. Cincinnati, 5 Ohio, 223.] The fact that the city council have failed to provide for any mode of reviewing the proceedings of the assessors is suflScient ground for the interfer- ence of a court of equity. [Culbertson v. Cincinnati, supra.'\ Where a tax is assessed without authority of law its collection will enjoined. [Jonas V. Cincinnati, 18 Ohio, 318.] Where a person has stood by and seen an improvement made on his land, and failed to resort to any remedy, legal or equitable, until after the improve- ment is completed, a court ef equity will not interfere to restrain the collec- tion of the assessment, even though it be assumed that the commissioners have 30 far failed to conform to the provisions of the statute, as to render their pro- ceedings wholly void at law. [Kellogg v. Ely, 15 Ohio St. 64.] 'This section differs from the section as originally passed only in the addi- tion of the words in italics. * Sec 541. [As originally passed,] Aseessmetits on owner of life estate, etc. Where a special assess- tnent is made on real estate subject to a life estate, such assessment shall be apportioned between the owner of the life estate and the owner of the fee in proportion to the relative value of their reapectiv < estates, suck proportion to be ascertained upon the principles applicable to life annuitiss. 166 THE LAWS OP tenant for life, hut upon application by said life tenant to a court of proper jurisdiction, by action against the owners of the estate in fee, such court may apportion cost of said assessment between said life ten- ant and owner in fee in proportion to the relative value of said im- provement to their estates respectively; to be ascertained and determined by said court on principles of equity. [S. & S., p. 676, sec. 51.] Sec. 542. Mules of assessment. In making a special assessment according to valuation, the council shall be governed by the as- sessed value of lots where the land is subdivided and the lots are numbered and recorded. Where there are lots which are not as- sessed for taxation, or there is land which is in bulk and not sub- divided into such lots, the council shall fix the value of such lots or the front of such land to the usual depth of lots, by the average of two blocks, one of which shall be next adjoining, on each side. If there are no blocks so adjoining, the council shall fix the value thereof, so that it will be a fair average of the assessed value of other lots in the neighborhood. *Sec. 543. [As amended. May 2, 1871, 68 L. 125.] Limitation of taxation. In no case shall the tax or assessment specially levied and assessed upon any lot or land for any improvement, amount to more than twenty -five per centum of the value of such lot or land as assessed for taxation; the cost exceeding the said per centum that would otherwise be chargeable on such lot or land, shall be paid by the corporation out of its general revenues : Pro- vided, that in cities of the first class the tax or assessment specially levied and assessed upon any lot or land for any improvement, may amount to twenty -five per centum of the value of such lot or land after such improvement is made, the cost exceeding the said per centum that would otherwise he chargeable on such lot or land shall be paid by the corporation out of its general revenues} fS. & S., p. 805, sec. 28, and p. 836, sec. 131.] Sec, 544. What shall he estimated as cost of improvement. The * Sec. 543. [As originally passed.] Assessment not to exceed fifty ^er cent, of value. In no case shall the tax specially levied and aesessed upon any lot or land for any improvement, amount to more than fifty per centum of the value of such lot or land, after the improvement has heen viade, and all the coat thereof exceeding the said per centum that would otherwise be chargeable on such lot or land, shall be paid by the corporation out of its general revenue. Sec. 543. [As amended, April 18, 1870, 67 L. 80.] Limit of taai'alion for improvements. In no case shall the tax or assessment specially levied and assessed upon any lot or land for any improve, ment amount to more than twenty-five per centum of the value of such lot or land as assessed for taxation^ the cost exceeding the said per centum that would otherwise be chargeable on such lot or land, shall be paid by the corporation out of its general revenue. 1 See cases cited in first note to chapter XLVIII. MUNICIPAL CORPORATIONS. 167 josti of any improvement contemplated in this chapter, and in jhapters forty-nine and fifty, shall , include the expense of con- struction, the purchase money of real estate or of any interest therein, where the same has been acquired by purchase ; or the value thereof as found by the jury, where the same has been ap- propriated, together with the costs and expenses of the proceeding. It shall embrace the damages assessed in favor of any owner of adjoining lands, and the costs and expenses of the assessment; also, the expense of the preliminary and other surveys; of all printing, and of publishing the notices and ordinances required, including notice of assessment; and any other necessary expendi- ture. [S. & C, p. 1532, sec. 120 ; S. & S., p. 833, sec. 129 ; pp. 803, 804, sec. 28 ; pp. 835, 836, sec. 131, and p. 805, see. 29.] Sec. 545. Lien from date of assessment. All special assessments shall be payable by the owner or owners of the property assessed personally, by the time stipulated in the ordinance making the same, and'shall be a lien from the date of the assessment, upon the respective lots or parcels of land assessed. [S. & C, p. 1505, sec. 30; S. & S., p. 835, sec. 131; p. 844, sec. 156.] Sec. 546. Amount of assessment and penalty recoverable by suit, etc. If payment be not made by the time stipulated, the amount assessed, may, together with interest, and a penalty of five per cent, thereon, be recovered by suit^ before a justice of the peace, or other court of competent jurisdiction, in the name of the corpora- tion, against the owner or owners. [S. & C, p. 1505, sec. 30 ; S. & S., p. 835, sec. 131 ; p. 844, sec. 156.] Sec. 547. How lien may be enforced. The lien upon real estate may be enforced in any court having general jurisdiction, in the name of the corporation. [S. & C, p. 1505, sec. 30.] Sec. 548. JJien as to non-resident owner. In proceedings to en- ^ An assessment upo?i lands fronting on a street, to reimburse the amount of compensation paid the owner for his other land, taken for the use of the street, is authorized by the statute (S. & S. 834, sec. 1), and is not in violation of the constitutional provision, which guarantees to owners of land so taken a full compensation, "without deduction for benefits." lOleveland v. Wick, 18 Ohio St. 303 ; compare sees. 539 and 583 of this act.] Work, extending into cross streets, done to render the improvement useful md available, is properly included in the assessment for an improvement. [Builer v. Toledo, 5 Ohio St. 225.] 2 Payment of an assessment, which can only be enforced by suit, though made under protest, is a voluntary payment, and can not be recovered back. 'Marietta v. Slocumb, 6 Ohio St. 471.] 168 THE LAWS OF force the lien, when the owner of any lot or land assessed, is a non- resident of the state, or unknown, notice shall be given by publi- cation in the manner prescribed by law in similar cases. [S. & C, p. 1505, sec 30.] Sec. 549. Lien may be enforced against all owners or a part, etc. Proceedings for the recovery of the assessment may be instituted against all the owners, or each or any number of them ;^ or, to en- fbrce the lien, against all the lots or lands, or each lot or parcel, or any number of them embraced in any one assessment ; but the judgment or decree shall be rendered severally or separately, for the amount assessed ; and any proceeding may be severed, in the discretion of the court, for the purpose of trial, review, or appeal. [S. & C, p. 1505, sec. 30.] Sec. 550. Costs in case of error or defect in proceedings. If in any such action it shall appear that by reason of any irregularity or defect," whether in the proceedings of the board of iraprove- ' Where a contractor sued the property owners separately, on a paving assess- ment, judgment in one case is not conclusive as to the rate of compensation in the others. [Leonard y. O'Hara, 1 Cincinnati Superior Court Reporter, 42.] But where there were a number of cases, all depending upon the same state of facts, and the defendant in one of them hy cross-petition prayed for a con- solidation, the court allowed it. ILeonard v. O'Hara, Superior Court of Cin- cinnati, General Term.] 'When a statute directs that the engineer surveying a ditch "shall set forth in his return a description of the proposed route, its availability and necessity, etc.," and that the commissioners of the county shall, "if they find such ditch, etc., to be necessary, and that the same is demanded by, or will be conducive to, the public health, convenience, or welfare, » * » shall proceed to locate, etc.," the want of the particulars in the engineer's return, or of such a finding by the commissioners, is such a defect and error as is fatal to the validity of the proceedings. [Miller v. Graham, 17 Ohio St. 1.] Such defects are not technically errors and irregularities, but are jurisdic- tional defects. But when the legislature has required the courts in such cases, instead of finally declaring the proceedings void, or perpetually enjoining the collection of the assessment, to simply set the proceedings aside and allow the plaintiff to show wherein he has been injured, and make such order as jus- tice will require (act of March 24, 1864, 61 L. 57), it evidently did not intend to employ the words in a sense so narrow and technical, but the remedial pro- visions of the statute were in fact in the nature of proceedings de novo, in which the party on whose land an assessment has been laid is permitted to make every claim, and every showing which he might have made, if the pro- ceedings by and before the commissioners had been regular, and he had been personally notified from the beginning. [Ibid.'] Such a provision, even when applied to pending proceedings in court, is not unconstitutional, but is authorized by the clause in the twenty-eighth section of the second article in the constitution, providing that the general assembly MUNICIPAL CORPORATIONS. 169 ments or of the council, or of any other officer of the corporation, or in the plans or estimates, the assessment has not been properly made against any defendant, or upon any lot or parcel of land sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred which is a proper charge against such defendant, or the lot, or parcel of land in question, render judgment for the amount properly chargeable against such defendant, or on such lot of land ; but in such cases the court shall make such order for the payment of the costs as may be deemed equitable and proper. [S. & C, p. 1506, sec. 31 ; S. & S., p. 844, sec. 156.] Sec. 551. When re-assessment may be ordered. Whenever it shall appear to the council that any special assessment is invalid by reason of informalities or irregularities in the proceedings, ori when any court of competent jurisdiction shall adjudge any such assessment to be illegal, the council, whether the improvement has been made, or not, shall have power to order a re-assessment. [S. & S., p. 853, sec. 180.] Sec 552. Proceedings upon re-assessment. All proceedings upon such re-assessment, and for the collection thereof, shall be con- ducted in the same manner as is provided for the original assess- ment. [S. & S., p. 853, sec. 180.] Sec. 553. Special duty of court of common pleas. It shall be the duty of the court of common pleas of the proper county to exer- cise the jurisdiction authorized by this chapter, for the collection may, by general laws, authorize courts to carry into effect, upon such terms as shall he just and equitahle, the manifest intention of * * * officers, by curing omissions, defects and errors, in proceedings, arising out of their want of conformity to the laws of the state.'' {^Ibid.; see also cases in note to sec. 563.] In order to make a valid assessment under the act of 1853, the council must, before the improvement is actually made, determine both to do the work, and to charge it upon the owners of the property. These are jurisdictional facts, the want of which invalidates the assessments in toto. \^Foltz v. (XneinnaU, 2 Handy, 261.] • The recommendation of the board of city improvements was also a juris- Jictional fact under section 60 of the act of 1852, and without it the proceed- ings are entirely void. \_Fisher v. Graham, 1 Cincinnati Superior Court Reporter, 113; Reynolds v. Schweinefus, 1 Ibid. 215; as to what is a sufficient recommendation, see note to section 501.] Under the Cleveland charter of March, 1836, providing that the expenses of m improvement may be paid for by an assessment, " and that the council ihall appoint a committee to assess the expenses, etc," such assessing commit- ,ee need not be appointed prior to the passage of the ordinance ordering ;ho improvement. [^Scovill v. Cleveland, 1 Ohio St. 126.] 170 THE LAWS OP of any charge or debt, or the enforcement of any lien, notwith- standing the amount involved shall be less than that to which tho jurisdiction of the court may be limited in other cases; and any court of common pleas may make such special rules as to the class of cases authorized to be brought under this chapter, as will tend to expedite their disposition, and prevent unnecessary costs. [S. & C, p. 1506, sec. 33.] •Sec. 554'. Certificate of unpaid assessment. The council may order the clerk or other proper officer of the corporation to cer- tify under his official seal any unpaid assessment or tax to the auditor of the countj' in which the corporation is situated, and the amount of such assessment or tax so certified shall be placed upon the grand tax duplicate of the county by the county auditor, and shall with ten per cent, penalty, to cover the interest and ex- pense of collection, be collected with and in the same manner as state and county taxes, and credited to the corporation. [S. & C, p. 1532, sec. 121 ; S. & S., p. 805 sec. 29.] Sec. 555. Payment and application of assessments. All assess- ments placed upon the duplicate of the county under the pro- visions of this chapter, shall, when collected, be paid to the treasurer of the corporation, and shall be applied by the council only for the purposes of the improvement for which they were made. [S. & C, p. 1532, sec. 121 ; S. & S., p. 804, sec. 28.] Sec. 556. Duration of lien, etc. The lien of any such assessment shall continue for the term of two years from and after the time the same is payable and no longer, unless the corporation shall, before the expiration of such time, have caused the same to be certified to the auditor of the proper county, for entry upon the tax duplicate for collection, or shall have caused the proper action to be commenced in some court having jurisdiction thereof, to en- force such liens against such lots or lands; in which ease the lien shall continue and be in force so long as such assessment shall re- main on the tax duplicate uncollected, or so long as such action shall be pending, and any judgment obtained under and by virtue thereof, shall remain in force and unsatisfied. [S. & S., p. 837, sec. 132.] Sec. 557. When new action may be commenced. If an action be commenced within due time, and a judgment therein for the plain- tiff be reversed, or if the plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, a new action may be commenced within one year after such reversal or failure. [S. & S., p. 837, sec. 133.] Sec. 558. Collection of assessment in advance. The council may, MTTNIOIPAL CORPORATIONS. 171 if they deem expedient, cause the assessments to be collected be- fore the work is done or contracted for. [S. & S., p. 851, sec. 174, and p. 852, sec. 176.] Sec. 559. As to deficiency or excess of assessments. Should any as- sessment prove insufficient to pay for the improvement and ex- penses incident thereto, the council may, under the limitations prescribed for such assessment, make an additional pro rata as- sessment to supply such deficiency ;' and in case a larger amount shall have been collected than shall prove necessary, the same shall be returned to the persons from whom it was collected, in proportion to the amounts collected from such persons respectively. [S. & C, p. 1547, sec. 174 ; S. & S., p. 845, sec. 158, and p. 851, sec. 175.] Sec. 560. As to change of grade after being once established. Whenever any street, alley, public highway, wharf or landing, within the corporation, shall have been graded, or pavements shall have been constructed in conformity to grades established by the authorities of the corporation, and the expense thereof shall have been assessed on the lots or lands bounded by or abutting upon such street, alley, public highway, wharf or landing, the owner or owners of such lots or lands shall not be subject to any special assessment occasioned by any subsequent change of grade in such pavement, street, alley, public highway, wharf or landing, unless such change is asked for by a majority of the owners of such lots or lands, but the expense of all improvements occasioned by such change of grade shall be chargeable to the general fund of the corporation. [S. & S., p. 838, sec. 135.] Sec. 561. As to added territory. The provisions of chapters forty-nine and fifty shall embrace territory added to the corpora- ;ion at any time by annexation or otherwise. [S. & S., p. 859, sec. 198.] ' The following Items were held to be properly included in a re-assessment to make up the deficiency in the original assessment : 1. Orders outstanding given in payment for the work. 2. Interest accrued and estimated to accrue before the assessment can be collected. 3. Amount For reimbursement of the general fund for payments made out of it on expenses of this improvement, and interest. 4. Costs and law expenses. 5. Printing. 6. Compensation to the city officers for services in the making of said improvements, in the litigation growing out of them, and in the levying md collection of the assessment and re-assessment. ^Butler v. Toledo, 5 Ohio 3t. 225 230.] Such an eiaotment applies to past contracts, and does not contravene any provision of the constitution, llbid."] 172 THE LAWS OP *Sec. 562. [As amended, April 18, 1870, G7 L. 80, 81.] Froceed- ings in making improvements or repairs. When the corporation shall make any improvement or repair, provided for in this chaj>- ter and in chapters forty-nine and fifty, the cost of which will ex- ceed five hundred dollars, it shall proceed as follows:^ 1. It shall advertise for bids for the period of ^w^o weeks in some new sip&i^er published or of general circulation in said corporation, and two if there are so many; and if no newspaper is published therein, then by posting up such advertisement in three public places therein, and if the estimated cost exceeds five thousand dol- lars, then four weeks. 2. The bids shall be filed with the clerk, or with the board of im- provements where such board exists, sealed up by 12 o'clock at noon, on the last day, as stated in the advertisement. 3. The bids shall be opened at the next regular meeting of .the council or board of improvements, as the case may be, and publicly read by the clerk and filed, 4. Each bid shall contain the full name of every person inter- ested in the same, and shall be accompanied by a sufficient *Sec. 662. [As originally passed.] When the corporation shall make any improvement or repair, provided for in this chapter and in chapters forty-nine and fifty, the cost of which will exceed five hundred dollars, it shall proceed as follows : 1 . It shall advertise for bids for the period of four weeks in some newspaper in general circula- tion in said corporation, and two, if there are so many ; and if no newspaper is published therein then by posting up such advertisement Id three public places therein ; which advertisement shall be entered in full on tJte joumai of the corporation. 2. The bids shall be filed with the clerk, sealed up, by 12 o'clock at noon o/ the last day as stated in the advertisement. 3. The bids shall be opened at the next regular meeting of the council, and publicly read by the clerk and entered in full on his joumai. 4. Each bid shall contain the full name of every person interested in the same, and shall be accompanied by a sufficient guaranty of some disinterested person, that if the bid is accepted a contract will be entered into, and the performance of it properly secured. 5. If the work bid for embraces both labor and materials, each must be separately stated, with the price thereof. 6. None but the lowest responsible bid shall be accepted, when such bids are for the labor or materials separately ; but the council may, in its discretion, reject all the bids, or it may, in its discretion, accept any bid for both labor and material, which shall be the lowest aggregate cost of such improvement or repairs. 7. Any part of a bid which is lower than Oie satne part of any other, shall be accepted^ wliether the residue of the bid is higher or not, and if it is higher mch residue shall he rejecled. 8. The contract shall be between the corporation and the bidder, and the corporation shall pay the contract price for the work, when it is completed, in cash. 9. If two or more bids are equal in the whole or any part thereof, and are lower than any others, either may be accepted, but in no case shall the work bo divided between them. 10. When there is reason to believe that there is any collusion or combination among the bid- ders, or any number of them, the bids of those concerned therein shall be regected. 1 See note to section 346. MUNICIPAL CORPORATIONS. 173 guaranty of some disinterested person, that if the bid is accepted, a. contract will be entered into, and the performance of it properly- secured. 5. If the work bid for embraces both labor and materials, each shall be separately stated, with the price thereof. 6. None but the lowest responsible bid shall be accepted, when such bids are for the labor or materials separately ; but the coun- cil may, at its discretion, reject all the bids, or it may, at its dis- cretion, accept any bid for both labor and material, which shall be the lowest aggregate cost of such improvement or repairs.' 7. The contract^ shall be between the corporation and the bidder, and the corporation shall pay the contract price for the work, in cash ; provided, however, that in cities of the first and second class the contract price may be paid in assessments, as the council, in its discretion, may have previously determined. 8. If two or more bids are equal in the whole or any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided between them. 9. When there is reason to believe there is any collusion or combination among the bidders, or any number of them, the bids of those concerned therein shall be rejected. 'After tids have teen received and opened, under the act of May 6, 1869 (66 0. L. 128), the trustees had no discretion to allow an amendment or alter- ation of any proposal on account of an alleged mistake therein, unless the fact of such mistake, and the requisite data for its correction, were apparent on the face of the proposal. [^Beaver ^ Butt v. Trustees of the Blind Asylum, 19 Ohio St. 97.] ^When the contract is silent on the suhject, it is not competent to show by evidence a custom for contractors making repairs on the streets to take the old material. {Butler v. Cincinnati, Superior Court of Cincinnati, General Term, MS.] 174 THE LAWS OF CHAPTER XLIX. DAMAGES AND ASSESSMENTS FOR PUBLIC IMPROVEMENTS. Section 563. Publication of notice of propoaed improve- ment. 564. Filing claims for damages. 665. Determination of council as to claims for damages. 566. Jury to assess damages. 667. Proceedings of jury. 568. Finding final. 569. Costs of inquiry. 570. Assessment of damages after completion of improvement. 571. Assessment of damages in special cases. 572. Oath of assessors of damages. 573. Duty of assessors of damages. 574. Costs in certain cases. 575. Time allowed for proceedings. 576. How costs for improvements shall be as- 677. Payable in one or more installments. 578. Ordinance to specify time of payment. 579. Assessment on lots not abutting on im- provement. 680. As to costs for repaving; streets, etc. 581. When costs may be raised by general levy. 582. Such levy to be certified to county auditor. 683. Damages for land appropriated. Section 584. Report of estimate of assessments. 585. Notice of assessment to be published. 586. Objections to assessments to be filed,etc. 687. Duties of equalizing board. 588. Confirmed assessment final. 689. Concurrence of two-thirds requisite. 690. Ab to costs for street crossings, etc. 591. Provision for sidewalks. 592. Notice to be served on owners, etc. 593. Construction of sidewalks to turnpikes, etc. 694. Construction of sidewalks on one side only. 695. Exemption from taxation in certain cases . 596. Cost of sidewalks along wharves, parks, etc. 597. Cost of turnpikes, etc., owned or con- trolled by corporation. 598. Remedy for neglect of corporation to keep roads in repair. 699. Adaptation of turnpikes to corporation improvements, etc. 600. Right of toll not to be impaired. 601. Cost of constructing, etc., water courses. I. — Notice of Proposed Improvement. *Sec. 563. [As amended, April 18, 1870, 67 L. 81.] Notice of proposed improvements to he published. When it shall be deemed necessary by any city or incorporated village to make any public improvement, not otherwise specially provided for, it shall be the duty of the council to declare, by resolution, the necessity of such improvement,^ and to publish such resolution for not less than two nor more than four consecutive v^reeks, in some *Sec. 563. [As originally passed.] Publication of notice of proposed improvement. When it shall be deemed necessary, by any city or incorporated village, to make any public improvement not otherwise specially provided for, it shall be the duty of the council to declare, by resolution, the necessity of such improvement, and to publish such resolution for four consecutive weeks in some newspaper published or of general circulation in the corporation, hri^ly deacri}>ing the char- acter of tlw proposed improvement, and referring to the plant and profiles thereof. 1 Under the act of April 5, 1866 (63 O. L. 133, S. *fe S. 834), the adoption of the resolutions declaring the work to be necessary, and the publication of the same as required, are conditions precedent to the exercise of the authority to MrNICIPAL CORPORATIONS. 175 newspaper published or of general circulation in the corporation, and all plans and profiles relating thereto shall be recorded and kept on file in the office of the city civil engineer or clerk, and open to the in- spection of all parties interested, [S. & S., p. 803, sec. 28, and p. 834, sees. 130, 131. II. — Claims for Damages. Sec. 564. Filing claims for damages. Any owner or owners of lots or lands bounding or abutting upon the proposed improve- ment, claiming damages therefor, shall file a claim, in writing, with the clerk of the corporation, setting forth the amount of damages claimed, together with a description of the property owned for which the claim is made, within two weeks after the expiration of the time required for the publication of said notice ; and all such owners as shall fail or neglect to file their claims for damages aforesaid, within the time aforesaid, shall be deemed to have waived the same, and be forever barred from filing any claim or receiving any damages therefor.^ [S. & S., p. 803, sec. 28, and p. 834, sees. 130, 131.] Sec. 565. Determination of council as to claims for damages. Upon the expiration of the time limited for filing claims for damages as above provided, the council shall determine whether they will proceed with the proposed improvement or not ; and also pass a valid ordinance for the improvements, or make an assessment on the adjoining property to pay for them. [Welker v. Potter, 18 Ohio St. 85.] A failure to comply with such conditions precedent is not merely an irreg- ularity or defect in the proceedings, provided for in the curative portion of the act ; the irregularity or defect thus provided for is such as occurs in the exercise of lawful authority by the council. [76id.] Under the act of Pehruary 1, 1866 (63 L. 22, S. & S. 803), the passage and publication of such a resolution is not a condition precedent to power to make an assessment, in cases where damages consequent on the proposed improve- ment are not included in the assessment as a part of the cost of the improve- ment. [Finnell v. Kates, 19 Ohio St. 405.] [The present law is almost exactly similar to that under consideration in Welker v. Potter.'] lAn act providing that notice of the pendency and prayer of a petition for the appropriation of property to public uses might be given by publication ; that claims should be filed in a certain way within a certain time, and that persons failing tb make their claims within the time specified shall be deemed and held to have waived their right to such compensation and damages, is constitutional ; and a land owner failing to make application within the time limited by the act, will be deemed and held to have waived his right, though he had no actual notice of the proceeding. [Cupp v. The Com'rs of Seneca Co., 19 Ohio St. 173.] 176 THE LAWS OP whether the claims for damages, filed as aforesaid, shall be judicially inquired into as hereinafter provided, before commencing or after the completion of the proposed improvement; and if they §hall de- cide to proceed therewith, they shall then provide, by ordinance, for the same. [S. & S., p. 835, sec. 131.J *Seo. 566. [As amended, April 2, 1370, 67 L. 32, and April 18, 1870, 67 L. 81.] Jury to assess damages. Upon the passage of an or- dinance for making the improvement, it shall be the duty of the mayor or solicitor of the corporation, in cases where claims for damages have been filed within the time above limited, and the council shall have determined to have the damages assessed before commencing the improvement, to make application, in writing, to the court of common pleas, or a judge thereof in vacation, or the pro- bate judge of the county within which the corporation is situated, to summon a jury ; and it shall be the duty of such court, judge, (fr probate judge, to direct the summoning of a jury as aforesaid, in the manner pointed out in chapter forty-seven, and fix the time and place for the inquiry and assessments of such damages where claims have been filed as aforesaid} [S. & S., pp. 804, sec. 28, and p. 835, sec. 131.] Sec. 567. Proceedings of Jury. The jury shall be sworn to in- quire into and assess the actual damages in each case separately, under such rules and instructions as shall be given them by the court, and when the jury can not agree they may be discharged, in the discretion of the court, and a new jury summoned, which shall bo sworn as aforesaid. [S. & S., pp. 804, 836.] Sec. 568. Finding final. The finding of the jury shall be final, and there shall be no appeal. [S. & S., p. 804, 836.] Sec. 569. Costs of inquiry. In all cases in which the jury shall find no damages, the costs of the inquiry shall be taxed against the claimant, and be collected on execution. In all other cases the court shall furnish to the clerk of the corporation, on application, the amount of damages and costs in each case. [S. & S., pp. 804, 836.] *Sec.566. [As originally passed.] Jury to aseess damages. Upon the passage of ^cA ordinnnce providing for making the improTement, it shall be the duty of the mayor of the corporation, in cases where claims for damages have been filed within the time above limited, and the council shall have determined to have the damages assessed before commencing the improvement, to make wriUen application to the probate judge of the county within which the corporation is situated, to summon a jury of twelve diamterestcd Jreekold^B, resident within Qie corporation, to atsesa the amount of damages in each particular case wJtere claims have been filed as aforesaid; and it shall be the duty of such probate judge to direct the l^ummoning of a jury as aforesaid, in the manner pointed out in chapter forty-seven, and fix the time and place for the inquiry and assessment of such damages. 'Same section, word for word, passed April 2, 1870, 67 L. 32. MUNICIPAL CORPORATIONS. 177 *Sec. 570. [As amended, April 2, 1870, 67 L. 33, and April L8, 1870, 67 L. 82.] Assessment after completion of improvement. En all cases when the council shall have determined to assess the damages after the completion of any improvement provided for by this act, for which claims for damages have been filed as hereinbefore provided, it shall be the duty of the mayor or solicitor, within ten days after the completion of such improve- ment, to make written application to the court of common pleas, or a judge thereof in vacation, or the probate judge of the county in which the corporation is situated, to summon a jury in the manner pointed out in chapter forty-seven, to assess the amount of damage in each particular case where claims have been filed as aforesaid; and it shall be the duty of such court, judge, or probate judge, to fix the time and place for the inquiry and assessment of damages, in the same manner as above provided.^ Sec. 571. Assessment of damages in special cases. Where, by reason of any defect or omission, in the proceedings herein pro- vided for, the corporation shall be liable in an action for damages to any lot or land, occasioned by making any improvement; such damages shall be ascertained and assessed by three disinterested freeholders of the corporation, to be appointed by the council. [S. & C, p. 1540, sec. 151.J Sec. 572. Oath of assessors of damages. The assessors, before entering upon their ofiicial duties, shall take and subscribe an oath beibrc a justice of the peace, or mayor, that they will well and truly, to the best of their knowledge and ability, appraise the damages which the claimants shall have suffered by reason of such improvement, and for which the corporation is liable ; which oath shall be filed in the office of the clerk. [S. & C, p. 1541, sec. 151.^ Sec. 573. Duty of assessors of damages. They shall, within thirty days after their appointment, make said assessment, and file the same in the oflS.ce of the clerk, where it shall be subject to the inspection of all claimants for damages, and all such damages shall be paid out of the corporation treasury, and within twenty '^ Sec. 570, [Ab originally passed.] Asaesamenl of damages after completion of improvement. In all cases, when the council shall have determined to assess the damages after the completion of any improvement provided for hy this act, for which claims for damages have been filed as Jieretofore provided, it shall be the duty of the mayor, within ten days after the completion of such im- provement, to make written application to the probate judge of the county, to summon a jury in the manner pointed out in chapter forty-seven, to assess the amount of damage in each par- ticular case where claims have been filed as aforesaid ; and it shall be the duty of such probate judge, to fix the time and place for the inquiry and assessment of damages, and he shall proceed in the same manner as above provided. 'The same section, word for word, was enacted April 2, 1870, 67 L. 33, ex- jept that in the first line the word " where " was suhstituted for the word " when " in the present, and there were some variations in punctuation.] 178 THE LAWS OF days thereafter shall be by the treasurer paid or tendered to the party in whose favor the same were assessed. [S. & C, p. 1541, sec. 151. J Sec. 574. Costs in certain cases. If any person shall neglect or refuse to accept the amount so assessed, and shall prosecute the corporation, and shall not recover more than the amount allowed by said assessors, such party shall pay all costs of suit. [S. & C, p. 1541, sec. 152.] Sec. 575. Time allowed for proceedings. No claimant for dam- ages shall commence any suit until ho shall have filed a claim therefor with the clerk of the corporation, and sixty days shall have elapsed thereafter, to enable such corporation to appoint as- sessors to assess such damages, return the same to the proper oflS- cers, and sufficient further time shall have elapsed, not exceeding twenty days after the return of such appraisal, to enable the cor- poration to pay the assessment. [S. & C, p. 1541, sec. 152.] III. — Special Assessments. iSec. 576. [As amended, April 18, 1870, 67 L. 82] Eow coitsfor improvements shall be assessed. For the payment of the cost of making said improvements and the cost of lighting the corporation, the council may, by ordinance, levy and assess a tax on all the lots or lands' bounding or abutting on the proposed improvement, or on the streets lighted ; such tax for lighting the corporation to he in proportion to the foot front of the lots or lands so bounding or abutting, and such tax for improvements to be assessed either in proportion to the foot front of the lots or lands so bounding or abutting, or according to the value of such lots or lands as assessed for taxa- tion under the general law of the state, as may be equitable, and as the council may in each case determine. [S. & C, pp. 1501, 1502, 1 This section diflfera from the original section only In the addition of the words in italics. 2 Land appropriated by a railroad company for its track, and used exclu- sively for that purpose, is land within the meaning of section 26 of the act for the organization of cities and villages (S. & C. 1501, sec. 985), authorizing an assessment on "the owners of any lots or lands abutting on such street," etc., " or on the lots or lands through or by which such street, etc., shall pass." ^Northern Ind. R. R. Co. v. Connelly, 10 Ohio St. 159; followed in Baltimore and Ohio R. R. Co. y. Com'rs of Belmont Co., 19 Ohio St. 589.] So is wharf property on a navigable river, though from the nature of its use it is thrown open to the public, who have liberty to pass freely over it, the owner collecting wharfage from the boats which land there. [Boeres v. Strader, 1 Cincinnati Superior Court Reporter, 57.] The term "lots and lands " held to include all real property, whether platted or not. [Barker v. The State, 18 Ohio, 514.] MUNICIPAL CORPORATIONS. 179 3ec. 26 ; p. 1505, sec. 30, and p. 1531, sec. 120 ; S. & S., p. 804, sec. 28; p. 834, sec. 130; pp. 835, 836, sec. 131; p. 842, sec. 148; p. S44, sec, 156, and p. 845, sec. 160.] Sec. 577. Payable in one of more installments. The amount as- sessed may be made payable in one installment, or in such num- bers of annual installments as the ordinance shall provide. Sec. 578. Ordinance to specify time of payment. If the council shall determine that the costs and expense of the improvements shall be payable on the completion of the same, the ordinance shall specify the time when the assessment shall be paid. Sec. 579. Assessment on lots not abutting on improvement. If, in the opinion of the council or board of improvements, the same would be equitable, a proportion of the cost of making the im- provement may be assessed as herein provided, upon such other lots or lands within the corporation, not bounding or abutting upon the improvement, as will, in the opinion of the council or board, be specially accommodated and benefited thereby ; and said board or council shall fix the amount to be so assessed. [S. & S., p. 834, sec. 130; p. 836, sec 131, and p. 845, sec. 160.] Sec 580. As to cost for repaving streets, etc. Whenever in the opinion of the council it shall be deemed necessary to repave any street, alley or public highway, the grade remaining unchanged, and the cost and expense thereof having been paid by the abut- ting property, it shall be lawful for the council to provide therefor in accordance with the provisions of this chapter; and whenever in the opinion of the council the same would be just and equitable, they shall have power to provide for the payment of one-half of the cost and expense of repaving such street, alley, or public highway, by levying and assessing upon the general duplicate of all the real and personal property subject to taxation within the limits of the corporation, an amount suflicient to pay one-half the estimated cost and expense of said improvement, and the said amount shall be certified and entered upon the general duplicate and collected the same as provided in chapter forty-eight. S. & S., p. 838, sec. 135.] 'Sec. 581. [As amended, April 18, 1870, 67 L. 82.] When costs may be paid by general levy. If, in the opinion of the council or board of improvements, it would be equitable, the whole or a pro- Dortion of the cost of the improvement, as may be fixed by the jouncil or board, may be raised by the levy and assessment by the jouncil of a tax upon the general duplicate of all the real and per- ^This section differs from the section as originally passed only in the inser- ;ion of the words in italics. 180 THE LAWS OP sonal property subject to taxation within the limits of the corpora- tion ; which levy and assessment shall be certified, charged and collected as provided in chapter forty-eight; provided, that the cor- poration at large shall pay not less than one-fiftieth part of all ex- penses and costs for improving all public streets and ways, excepting sidewalks, in addition to the pay for street intersections, as provided for in section 591. [S. & C, p. 1532, sec. 120, (II).] Sec. .582. Such levy to be certified to county auditor, etc. When- ever the whole or any portion of any improvement authorized by this act shall pass by or through any public wharves, market spaces, parks, cemeteries, public grounds, structures for the fire department, for water works, school buildings, infirmaries, market buildings, work houses, hospitals, houses of refuge and correction, gas works, public prisons or any other public structure within the limits of and belonging to such municipal corporation, it shall be lawful for the council to authorize the proper proportion of the estimated cost of such improvement to be certified to the county auditor, and entered for taxation upon the general duplicate of all the real and personal property subject to taxation within the limits of the corporation. [S. & S., p. 804, and p. 845, sees. 159, 160.] Sec. 583. Damages for land appropriated. Where any part of any lot or parcel of land is taken or appropriated for any street, alley, or other highway, or public improvement, the damages as- sessed to the owner therefor shall be certified and entered for tax- ation on the general duplicate, and collected as provided in the preceding section. Sec. 584. Beport of estimate of assessments. In all cases in which it is determined to assess the whole or any part of the cost of any improvement upon the lots or lands bounding or abutting upon the same, or upon other lots or lands benefited thereby, the council may require the board of improvements, or may appoint three dis- interested freeholders of the corporation, or vicinity, to report to the council an estimated assessment of such cost on the lots or lands to be chfarged therewith, in proportion, as nearly as may be, to the benefits which may result from the improvement to the sev- eral lots or parcels of land so assessed, a copy of which assess- ment shall be filed in the office of the clerk of the corporation for public inspection. [S. & S., pp. 833, 834, sec. 130 ; p. 836, and p. 844, sec. 158.] Sec. 585. Notice of assessment to be published. Before adopting the assessment so made, the council shall publish notice for three weeks consecutively, in some newspaper of general circulation in the corporation, that such assessment has been made, and that the MUNICIPAL CORPORATIONS. 181 same is on file in the office of the cleric for the inspection and exam- ination of any person interested therein. [S. & S., pp. 833, 834, sec. 130 ; p. 836, and p. 844, sec. 158.] Sec. 586. Objections to assessment ^to [be filed, etc. Any person objecting to such assessment shall file his objections, in writing, with the clerk within two weeks after the expiration of said notice; and thereupon the council shall appoint three disinter- ested freeholders of the corporation to act as an equalizing board. [S. & S., pp. 833, 834, 836, 837; p. 834, sec 130, and p. 844, sec. 158.] Sec. 587. Duties of equalizing board. On a day appointed by the council for that parpose, the said board, after taking an oath before the mayor or other proper officer, honestly and impartially to discharge their duties, shall hear and determine all objections to the assessment, and shall equalize the same, as they shall think proper; which equalized assessment they shall report to the coun- cil, who shall have power to confirm the same, or set the same aside and cause a new assessment to be made, and appoint a new equalizing board possessing the same qualifications, who shall pro- ceed in the same manner above provided. [S. & S., p. 834, sec. 129, and p. 837, sec. 131.J Sec. 588. Confirmed assessment final. When such assessment is confirmed by the council the same shall be complete and final. [S. & S., p. 834, sec. 129, and p. 837, sec. 131.] Sec. 589. Concurrence of two-thirds requisite. A concurrence of two-thirds of the members of the council shall be necessary in appointing the equalizing board, and in confirming their assess- ment. [S. & S., p. 834, sec. 129.] Sec. 590. As to costs for street crossings, etc. Whenever the council shall determine to grade, pave, or otherwise improve any street, alley, or other highway, and such improvement crosses or intersects any other street, alley, or other highway, the council shall levy and assess a tax upon the general duplicate of all the real and personal property subject to taxation within the limits of the corporation, for the amount of the estimated cost of so much of such improvement as may be included and contained in the crossing or intersection of such street, alley, or other highway, to be by the clerk certified to the auditor of the proper county, and by the auditor charged in said duplicate against said taxable property and collected as other taxes. [S. & S., p. 838, sec. 134.] lY. — Sidewalks. Sec. 591. Provision for sidewalks. The council shall provide by ordinance for the construction and repair of all necessary side- 182 THE LAWS OF walks within the limits of the corporation. [S. & C, p. 1311, sec. 94, and p. 805, sec. 29.] Sec. 592. Notice to he served on owners, etc. Whenever the coun- cil or board of improvements declare, by resolution, that certain specified sidewalks should be constructed or repaired, the mayor, upon being advised thereof, shall cause a notice to be served upon the owner or owners or agent of the owner or owners of the property bounding or abutting on such sidewalk, of the passage of such resolution, and if such sidewalks are not constructed or re- paired within sixty days from service of such notice, the council or board of improvements may have the same done at the expense of the owner or owners thereof, and such expense shall constitute a lien upon the property bounding or abutting thereon, and shall be collected in the same manner and with like penalty and inter- est after demand and non-payment as in other cases of improve- ment.i [S. & S., p. 805.] Sec. 593. Construction of sidewalks to turnpikes, etc. The council or trustees of any municipal corporation, through or into which any turnpike or plank road passes or enters, may, with the con- sent of the authority having control or direction thereof, cause to be constructed on the sides of such road, sidewalks not exceeding twelve feet in width, and gutters for the passage of water; and may also cause the same when constructed to be kept in proper order and repair, and the council or trustees shall have power and authority, for the purpose of the construction or repair of such sidewalks or gutters, to assess and collect the charges and expenses thereof on the owners of lots and lands abutting on such road, and to supervise and control the said sidewalks and gutters in all respects as if said road were a street of the corporation. [S. & S., p. 839, sec. 137.] Sec. 594. Construction of sidewalks on one side only. If the board of improvements, council or trustees of any municipal corporation, shall deem it necessary to construct a sidewalk on one side only of any street, alley, turnpike or plank road, with proper crossings from one side to the other, it shall be lawful to assess and collect the charge for constructing or repairing such sidewalk and cross- ings on the owners of the lots or lands abutting on both sides of ^It is no violation of the constitution for tlie general assembly to provide, in the charter of a town, that the town council may impose the duty of making sidewalks upon the lot owners, and if any one neglects to perform the duty, the council may cause the work to he done for him, and assess the amount expended as a tax upon the lot. [^Bonsall v. Lebanon, 19 Ohio, 418.] MUNICIPAL CORPORATIONS. 183 such street, alley or road, in like manner as if said sidewalk had been constructed on both sides ; but after a sidewalk shall have been so constructed, and the charge therefor so assessed, if it shall be deemed necessary to construct a sidewalk on the other or cor- responding side of any such street, alley or road, the charge there- for shall also be assessed on the owners of lots and lands on both sides. [S. & S., p. 838, sec. 136.] Sec. 595. Exemption from taxation in certain cases. Nothing in this chapter shall be so construed as to tax property for the pur- pose of constructing any sidewalk the owners of which have al- ready constructed and maintained a suflftcient sidewalk in front of such property. Sec. 596. Cost of sidewalks along wharves, parks, etc. In all cases where it shall be deemed necessary by any municipal corpo- ration to build or repair sidewalks along that portion of any street, alley or public highway which passes by or through any public wharves, market spaces, parks, cemeteries, public grounds or buildings, the proper proportion of the estimated expense thereof shall be by the council of such corporation levied, certi- fied and collected in the same manner as is provided in chapter forty-eight. [S. & S., p. 805.] V. — Turnpikes, Plank Eoads, and Water Courses. Sec. 597. Cost of turnpikes, etc., owned or controlled by corporation. When any portion of any turnpike or plank road, or the control thereof, is required by any municipal corporation, or when any arrangement is made with the company owning the same for the improvement or repair thereof, the cost thereof, and of improv- ing and keeping the same in repair, shall be provided for in the the same manner as the streets and other highways of the corpo- ration. [S & S., p. 841, secs.l-tl, 142, and p. 842, sec. 148.] Sec. 598. Remedy for neglect of corporation to keep roads in repair. If a municipal corporation shall condemn any portion of a turn- pike or plank road, and fail to keep the portion so condemned in as good condition and repair as is required by the charter of the company, the directors of the company may, by writ of man- iamus, compel the corporation to perform that duty. [S. & S., p. 341, sec. 143.] Seo. 599. Adaptation of turnpikes to corporation improvements, itc. Whenever the road of any turnpike or plank road company shall pass through or terminate in any municipal corporation, the jouncil or trustees shall have power, with the consent of the com- Dany, to make any improvement or repair of such road as shall 184 THE LAWS OF be additional to the improvement or repair required by law of the company, and as, in the opinion of the council or trustees, will better adapt such road to use as a street of the corporation. [S. & S., p. 842, sec. 148.] Sec. 600. Eight of toll not to he impaired. The right of any company to take toll at any toll-gate established in the corpora- tion, shall not be impaired by anything in this act contained. Sec. 601. Cost of constructing^ ete.^ water courses. The expense of constructing, opening, enlarging, excavating, improving, deepening, or extending any canal, ship channel, or water course, as authorized by this act, shall be assessed and collected in the manner pointed out in this chapter. [S. & C, pp. 1531, 1532, sec. 120; S. & S., p. 844, sec, 156, and p. 845, sec. 160.] CHAPTEE L. SEWERS, DRAINS, AND DITCHES. 602. Plans for sewerage and drainage. 620, Notice of aBsessment to be published. 603. Sewer districts. 621. Filing of objections to asseBBnient. 604. Main or trunk sewers. 622. Action of council thereon. 605. AascBsment by districts. 623. New assessment provided for. 606. Discrimination as to improvements. 624. Errors to be corrected. 607. Plans and specifications. 625. Order to county auditor to place assess- 608. Ten days' notice to be given, etc. raent on duplicate. 609. Amendments of plans, etc. 626. Assessments to be a lien on lands. 610. Engineer to estimate costs, etc. 627. Proceedings for recovery of assessments. 611. Construction of sewers, ordinance, etc. 628. Assessments in new sewer districts. 612. Assessment of cost of main sewers. 629. Subdivision of main sewer districts. 613. Limit of such assessment. 630. Assessments pro rata, etc. 614. Assessment of cost of local Bewerage. 631. Construction of branch or local sewers. 616. Rule of assessment, etc. 632. Proceedings therefor. 616. Discrimination in assessment in certain 633. Division of lots after first assessment. cases. 634. House connections and branches. 617. Assessment not to exceed two dollars per 635. Cost of branch sewers, how assessed. front foot. 636. Tapping sewers for private use. 618. Assessment according to benefits. 637. Ditches for drainage. G19. Report of assessments. 038. Repairs of ditches, sewers, etc. ' Sec. 602. [As amended, April 18, 1870, 67 L. 82.] Belative to sewerage and drainage; commissioners of sewers. Whenever it may become necessary, in the opinion of the council of any city or in- corporated village, to provide a system of sewerage and'drain- ' This section differs from the one originally passed only in the insertion of the words in italics. MrNIOIPAL CORPORATIONS. 185 age for such city or incorporated village, or any part or parts thereof, it shall be the duty of the board of improvements to devise and form, or cause to be devised or formed a plan of sewer- age and drainage for the whole city or incorporated village, or such part or parts thereof as may be designated by the council ;' 'provided, that in all cities of the first class, having a population ex- 'The duty of a municipal corporation to provide a general system of sew- erage is of a judicial, legislative, or discretionary character, and no action lies for an omission so to do. But when the system has been adopted and the con- struction entered upon, the duty becomes ministerial, and the corporation will be liable for want of ordinary care and skill in the design or execution of the work. [^Boetger v. Cincinnati, Superior Court of Cincinnati, Special Term, February, 1862, Hoadly, J.; Procter ^ Oamble v. Cincinnati, Superior Court of Cincinnati, General Term, February, 1865, per Hoadly, J., Fox and Storer, JJ., concurring.] A municipal corporation is not to use extraordinary foresight or extraordi- nary skill in the construction of sewers. If the storm which caused the injury was of a character that would not be ordinarily contemplated by a man making an improvement, the corporation is not liable; if it was such only as a reasonable man would provide against, it is liable. ]_Boetger v. Cincinnati, supra.l After a sewer is constructed, the duty of a municipal corporation is of a ministerial character. It is its duty to keep it clean, and if damage happens by reason of its being obstructed, it is liable; or if the corporation, by new grades, increase the water-shed, after the construction of the sewer, beyond its capacity, it will be liable for damage caused thereby. [TSicf.] When a natural water course runs through the boundaries of a municipal corporation, the right of any owner is to make such use of the water, and erect such structures over the stream, as will not interfere with the rights of the owners above or below. If a portion of the city through which the stream runs is subdivided into lots, and streets are laid out and dedicated, running to or across the natural water course, a right to the use of the streets in connec- tion with the water course, for the discharge of water from lots fronting upon the streets; would be created. [iVis/es' Works v. Cincinnati, 2 Disney, 400.] If the owner of land through which such a water course flows in its natural channel chooses to substitute an artificial one, it is his duty to see that it is sufficient for all the purposes of the natural one. He must see that he does not prevent the accustomed flow of water in the natural channel from above, or injuriously increase it, or change its course below. [Ibid.^ [See also Hoffman ^ Moser v. Winslow, Superior Court of Cincinnati, Gen- eral Term, which is now pending in the Supreme Court.] If he does throw the water on the adjoining proprietor below him in a dif- ferent place, and his neighbor continues the sewer, the neighbor is liable for jnly ordinary care and diligence in its construction. [^Ibid.'] If the city carelessly or Improperly brought into the sewer, by means of jpenings in the streets, a large quantity of water, a liability might result for my injury caused to the sewer of the defendants, but if the connection wag jroperly made, and the increase was simply caused by improvements, tha city 186 THE LAWS OP ceeding 100,000 inhabitants by the federal census of 1860, and in all other cities where council may by ordinance so declare, the construction, maintenance and cleaning of the sewers shall be under the care of a board, to be called the commissio7iers of sewers, who shall appoint an engineer and such other employes as they may deem necessary ; the compensation of said engineer and employes to be fixed bg council; ■would not be liable. The property owner should have anticipated such an increase when constructing his sewer, [JStrf.] Evidence that the flow of water in the water course had been increased by change of grades of streets prior to the building of the sewer is incompetent and irrelevant, the owner being obliged to build in view of the grades as they existed at the time. [Ibid.} Evidence that the flow of water has been increased, since the construction of the sewer, by the paving or improving of streets in portions of the city at that time partially or entirely unimproved, is incompetent and irrelevant, inasmuch as the plaintifl' building on a lot in a city subdivision was bound to contem- plate the usual and ordinary improvements of the streets, and also of the lots fronting upon the streets, and the increase in the flow of water thus necessa- rily occasioned. [^Ibid.'J The fact that the sewerage in a portion of the city is insufficient to carry off the water of all very heavy rains that occasionally happen in this latitude does not, of itself, as a matter of law constitute negligence. It is a question of fact, for the jury to determine, whether there was negligence upon consid- ering whether a man of ordinary prudence, having at his command the resources, and with the experience of the city, would deem the danger suffi- ciently great to require action. [Citing G. O. and C. R. R. Co. v. Terry, 8 Ohio St. 581 ; Procter ^ Gamble v. Cincinnati, No. 19,809, Superior Court of Cincinnati, General Term, per Hoadly, J., Storer and Eox, JJ., concurring, February, 1865.] The city is not bound to see that sewers constructed by privarte individuals on their own property in the line of a natural water course, with which city sewers connect, are properly constructed. [Kirf.] The city is responsible for all damages caused by an excess of water turned into the channel, after the construction of the sewer, beyond the quantity that flowed there then, provided the sewer was built with reasonable reference to the probabilities at the time of its construction. A person constructing a private sewer through a natural water course, within the boundary lines of a munici- pal corporation, in advance of sewerage by the corporation, must exercise reasonable forecast with reference to the alterations of the surface likely to be occasioned by the growth of the city, and the probable increase of water in the channel. [/Krf.] A charge that if the jury "find that a very large portion of the damage, and not all of it, was done within a half hour, and that rains of that length and equal force have occasionally occurred within twenty-five years, then, for so much damage as was done within that time, they will return a verdict for the plaintifl's, though the rain was of longer continuance, and did other and great damage," is properly refused. Eirst, because the city is not bound, as a matter of law, to measure its diligence by the fact of occasional rains, the MUNICIPAL CORPORATIONS. 187 said board shall have all the powers, and perform all the duties now required of the board of improvements, as provided in this chapter, or elsewhere in this act, in respect to sewers, drains and ditches ; and the said engineer appointed by said board, shall have all the powers and perform all the duties provided for the city engineer in this chapter, or elsewhere in this act, in respect to sewers, drains and ditches ; such board shall consist of five members appointed by the mayor, subject to the confirmation of council, who shall be appointed, one for one year, one for two years, one for three years, one for four years, and one for five years, and thereafter one shall be appointed each year, to serve for a term of five years, and they shall serve without compensation ; pro- vided further, that in cities of the second class, where the council of such city shall fail to establish a board of improvements, it shall be the duty of the city council to perform all the duties now required of said board by this act. [S. & C, p. 15-i6, sec. 174; S. & S., p. 847, sec. 163.] Sec. 603. Sewer districts. The plan so devised shall, in the dis- cretion of the council, be formed, with the view of the division of the corporation into as many sewer districts as may be deemed question being a question for the jury as to whether they occurred so fre- quently as to .put a prudent man on his guard. Second, because it attempts to malce partition of a tempest. [/5irf.] The fact that the city engineer told the plaintiffs to hold on as they were, as the city would build a new sewer, and remedy the whole matter, will not render the city liable, or estop it from setting up the condition of the plain- tiff's sewer as a defense, unless he was expressly authorized by council to give such notice. No ministerial officer of a city has power to pledge its revenues without authority from the legislative department of the corporation. [Jiirf.] "Nor is it (the city) responsible for the defective sewers which private per- sons may choose to erect on their own property. The city is not liable for the defaults of its citizens; they are liable to each other for the wrongs they may commit, and the city is only liable, like one of them, for its own acts or omissions, and the extent of its liability is measured by the same rules of law." [Ibid.] If the storm was so severe that the loss would have occurred by reason of its extraordinary severity, unless extraordinary precautions had been taken to prevent it, then the city is not liable, although you find that it did not, in fact, exercise ordinary care and prudence. For in the case supposed the loss would be attributed to inevitable accident, or the act of God, as it is termed, and no liability attaches for the want of ordinary care and prudence, unless the loss Is attributable to that neglect. [Citing Bellefontaine and Ind. R. R. Go. v. Bailey, 11 Ohio St. 333.] [Ibid.'] If the neglect of the plaintiff in the construction of his own private sewer, contributed materially and substantially to the injury, then the plaintiff can not recover, although the defendant was also guilty of negligence. inid.^ 188 THE LAWS OP necessary for securing eflScient drainage and sewerage; each of the districts to be designated by name or number, and to consist of one or, more main or principal sewers, with the necessary branches and connections, the main or principal sewers having their outlet in a river or other proper place; the districts to be so arranged as to be independent of one another so far as prac- ticable. [S. & C, p. 1560, sec. 226; S. & S., p. 847, sec. 163; p. 851, sec. 176 ; p. 852, sec. 177 ; p. 853, sec. 178 ; p. 854, sec. 183, and p. 861, sec. 205.] Sec. 604. Main or trunk sewers. The council may, if they deem expedientj provide for the construction of main or trunk sewers without regard to districts. [S. & S., p. 861, sec. 205.] Sec. 605. Assessments by districts. Where the corporation is divided into sewer districts, the assessment provided for in this chapter, shall be by districts. [S, & C, p. 1561, sees. 228, 229 ; S. & S., p. 851, sec. 176 ; p. 854, sec. 184, and p. 855, sec. 185.] Sec. 606. Discrimination as to improvements. After such plan shall have been prepared and adopted by the board of improve- ments, it shall be their duty to designate such portions of the work as may be required for immediate use. Where the corpora- tion is divided into districts, such designation shall be by districts, and shall show what district or districts, or part or parts thereof, are to be improved. [S. & S., p. 847, sec. 164.] Sec. 607. Plans and specifications. It shall be the duty of the board to have plans and specifications prepared for the construc- tion of the proposed main sewers, showing the size, location and inclination thereof, and the depth of the same below the surface. [S. & S., p. 847, sec. 164.] Sec. 608. Ten days' notice to be given, etc. When plans and specifications for the main sewers have been prepared, it shall be the duty of the board of improvements to give at least ten days' notice in one or more newspapers of general circulation in the corporation, stating that such plans have been prepared, and are filed in the office of the board for examination and inspection by parties interested. The notice shall also show the portions of the work proposed to be done; and, where main sewer districts are provided for, shall give the boundaries thereof [S. & S., p. 847, sec. 164.] Sec. 609. Amendment of plans, etc. At the time specified in the notice, or at any adjourned meeting, the board of improvements shall hear the parties interested, and may, if they see proper, amend or correct the plans ; and they shall thereupon file the plans, as amended, or, if no amendment be made, then the original MUNICIPAL CORPORATIONS. 189 plans, duly certified by them, in the office of the civil engineer of the corporation. [S. & S., p. 847, sec; 164.J Sec 610. Engineer to estimate costs, etc. After the plan of sewerage for the corporation, or any part thereof, shall have been approved by the board of improvements, and duly filed in the manner above provided, the council may direct the civil engineer to make an estimate of the cost and expense of constructing the work according to such plan, and to report to the council what portion of the same will be required for main sewerage, and what portion for local sewerage for any lots and lands to which any portion of such main sewer shall serve as local sewer. [S. & C, p. 1551, sec. 189 ; S. & S., p. 851, sec. 176.] Sec. 611. Construction of sewers, ordinances, etc. The council shall, on the recommendation of the board of improvements, cause to be constructed such sewer or sewers, specified in said plan, as shall be designated by the board; and the ordinance shall specify the street, lane, alley, highway, market space, public landings or commons, or part or parts thereof, to be sewered and drained, in such manner that an examination or survey will show what lot or lots of land bound or abut on the same; and the council upon the passage of such ordinance, shall cause a plat to be made and filed in the office of the clerk of the corporation, of the lots so bound- ing or abutting, and the number of the feet front of each lot. [S. & S., p. 848, sec. 165, and p. 849, sec. 167.] Sec. 612. Assessment of cost of main sewers. The council shall pro- vide for assessing the costs and expenses of constructing main sew- ers upon the lots and lands bounding or abutting upon the streets, lanes, alleys, highways, market spaces, public landings and com- mons, in or along which.the same shall pass, upon the feet front, or according to the valuation of the same on the county duplicate,' or according to benefits, as they shall determine in each case. [S. & C, pp. 1546, 1547, sec. 174, and p. 1551, sec. 189 ; S. &. S., p. 848, sec. 165 ; p. 851, sec. 176 ; p. 852, sec. 177 ; p. 861, sec. 205, and p. 864, sec. 216.] 'The fact that a lot was in connection with a sewer built in the street in front of it, or that a further sum is required to be paid to tap it, or that the sewer is not of any special benefit to the lot, does not render the assessment invalid. l_CotUe v. King, Superior Court of Cincinnati, General Term ; opinion by Storer, J.] But under the act of March, 1864, there is only power given to assess for sewers, which are upon the regular plan of sewerage of the city, and an assessment for a sewer not on the regular plan, will be void. IBarton v. Hunt- ington, Superior Court of Cincinnati, General Term; opinion by Storer, J.] A lot owned and improved as a wharf, on the bank of a river, though from the nature of its use necessarily left open to passage by the public, is within 190 THE LAWS OF Sec. 613. Limit of such assessment. Such assesBment shall not exceed the sum that would, in the opinion of the council, be re- quired to construct an ordinary street sewer or drain of sufficient capacity to drain or sewer said lots or lands ; nor shall any lots or lands be assessed that do not need local drainage, or are already provided therewith. The excess of the cost, if any, over the as- sessment herein authorized shall be paid out of the sewer fund of the corporation. [S. & 0., p. 1561, sec. 229; S. & S., p. 848, sec. 166; p. 855, sec. 186; p. 857, see. 191, and p. 861, sec. 207.] Sec. 614. Assessment of cost of local sewerage. The council shall also provide for assessing the expenses of local sewerage upon the feet front of lots and lands by or through which any portion of the main sewer may pass, or according to the valuation of the same upon the duplicate, or in proportion to benefits, as they shall deter- mine in each case. [S. & C, p. 1547, sec. 174, and p. 1551, sec. 189 ; S. & S., p. 848, sec. 166, and p. 851, sec. 176.] Sec. 615. Rule of assessment, etc. If the assessment is upon the feet front, the basis shall be determined by taking the total cost of constructing the main and lateral sewers and drains, and the nec- essary appurtenances and inlets, and dividing such gross amount by the number of feet front subject to assessment as herein pro- vided for, on each side of the street, lane, alley, highway, common, market place or public landing, through or in which said sewers and dra.ins may be laid, the quotient forming the amount to be assessed per foot front for each side of said street, lane, alley, high- way, common, market space or public landing aforesaid, as a charge for the cost and expenses of constructing said sewers and drains, and their necessary appurtenances. [S. & S., p. 848, sec. 166.] Sec. 616. Discrimination in assessment in certain cases. The council may exempt from assessment such portion of the frontage of any lot having a greater frontage than its average depth, and so much of any frontage of corner lots as to them may seem equit- able, and charge the deficiency caused by such exemption on the whole frontage,taxed pro rata ; but in so doing they shall specially set forth in the ordinance making such assessment each lot so ex- empted ; which ordinance, when passed, shall be binding upon the parties interested. [S. & S., p. 846, sec. 162, p. 857, sec. 191; p. 858, sec. 196. and p. 861, sec. 207.] the words, "lots and land.s abutting,'' etc., and is properly assessed for sewer- age purposes. \^Boeres v. Sirader, 1 Cincinnati Superior Court Reporter, 57.] Nor does the fact that no huildings are to be erected on it render the assess- ment for sewerage invalid. [Ibid.'^ MUNICIPAL OORPOEATIONS. 191 Sec. 617. Assessment not to exceed two dollars per foot front. In no case shall the assessment exceed the sum of two dollars per foot front on the property assessed ; and when the amount of the quo- tient exceed this sum, the excess shall be paid out of the sewer fund of the corporation. [S. & S., p. 848, sec. 166.] Sec. 618. Assessment according to benefits. If the assessment is according to benefits, the council shall appoint three judicious freeholders of the corporation, or its vicinity, who shall assess the estimated expense of the main sewerage upon the lots or lands along which the same shall pass, in the manner above provided, in proportion to benefits ; and the estimated expense of the local sewerage where such local sewerage shall be provided for by this chapter, on such lots and lands as will, in their opinion, be bene- fited thereby, whether fronting on the public ground in which the local sewer is to be constructed or not, in proportion, as nearly as may be, to the benefits which may result to each lot or parcel (Jf land. [S. & C, p. 1547, sec. 174, and p. 1551, sec. 189; S. & S., p. 851, sec. 176.] Sec 619. Report of assessments. The assessors shall make a report in writing, specifying the amounts assessed by them upon each lot or parcel of land for main or local sewerage separately, and file the same with the clerk of the corporation within such time as the council shall direct. [S. & C, p. 1547, sec. 174; S. & S., p. 852, sec. 176.] Sec. 620. Notice of assessment to be published. After the report is filed, the council shall cause not less than ten days' notice to be given in some newspaper of general circulation in the corporation, of the object of such assessment, and that the same will come be- fore the council for confirmation at a time to be specified in the notice. [S. & C, p. 1547, sec. 174 ; S. & S., p., 852, sec. 176.] Sec. 621. Filing of objections to assessment. Objections to the assessment shall be in writing and filed with the clerk within two weeks after the expiration of the notice, and persons object- ing may be heard before the council at the time specified in the notice. [S. & C, p. 1547, sec. 174, and p. 1551, sec. 189; S. & S., p. 852, sec. 176.] Sec. 622. Action of council thereon. The council m.ay set aside the assessment on their own motion, or they may, after hearing objections, confirm the same. [S. & C, p. 1547, sec. 174, and p. 1551, sec. 189 ; S. & S., p. 852, sec. 176.] Sec. 623. New assessment provided for. If the council set the *first or any other assessment aside, they may appoint other assess- ors possessing the same qualifications as hereinbefore provided, 192 THE LAWS OF cause new assessments to be made, and the proceedings shall be the same as is provided for in the first assessment. [S. & 0., p. 1547, sec. 174, and p. 1551, sec. 189; S. & S., p. 852, sec. 176.] Sec. 624. Errors to be corrected. In confirming any assessment, the council may correct any errors in description of any lots or lands made by the assessors. [S. & S., p. 850 sec. 172.] Sec. 625. Order to county auditor to place assessment on duplicate. After making an assessment for main or local sewerage accord- ing to valuation, or according to feet front, or after the confirma- tion of any assessment for main or local sewerage according to benefits, the council may order such percentage of the assessment for main sewerage as may be necessary to pay the estimated cost of such portion of any main sewer, as provided for in this chapter, as they may determine to construct, together with the total assess- ment for local sewerage for such portion of any main sewer, •v^hether the assessment bo by valuation, by benefits or by the feet front, to be certified to the county auditor of the county in which the corporation is situate, to be placed on the county dupli- cate and collected as other taxes. [S. & S,, p. 852, sec. 176.] Sec. 626. Assessments to be a lien on lands. All assessments made under the provisions of this chapter shall be a lien on the lots or lands assessed. They shall be transferable, and may be col- lected against the owners personally, or by an enforcement of the lien upon the property subject thereto. [S. & C, p. 1547, sec. 174, and p. 1551, sec. 189; S. & S., p. 848, sec. 165; p. 849, sec. 167, and p. 852, sees. 176, 177.] Sec. 627. Proceedings for recovery of assessments. Proce«ding8 for the recovery of the assessments or the enforcement of the lien, shall be as directed in chapter forty -eight. Sec. 628. Assessments in new sewer districts. Whenever a sewer district shall be set ofi', or established, the main sewer of which shall be a continuation of, or drain through, or into, the main sewer of any other district, the council, in providing for assessing the cost and expenses of the main sewer in such new sewer district, may provide for assessing upon the lots and lands in such new sewer district such proportion as said council shall determine to be just, of the cost and expenses of constructing any unconstructed part of the main sewer, in the district through which said new main sewer shall drain ; such assessment, when the proportion thereof shall be so determined, shall be made in the manner that other assessments are herein directed to be made. [S. & S., p. 853, sec. 181.J • • Sec. 629. Subdivision of main sewer districts. The council shall MUNICIPAL CORPORATIONS. 193 have power to subdivide any main sewer district into sub-main sewer districts, or lateral or branch sewer districts, in the manner in which the establishment of main sewer districts is provided for; and to lay out and construct in such sub-main, or lateral or branch sewer districts, sub-main, lateral or branch sewors having a com- mon outlet into a main sewer, and to assess and collect the cost of such construction upon the lots and lands in such sub-main, or lat- eral or branch sewer district, in all respects, as directed in thia chapter for the assessment and collection of the cost of construct- ing main sewers. [S. & S., p. 853, sec. 179 ; p. 857, sec. 193, and p. 858, sec. 196.] Sec. 630. Assessments pro rata, etc. If the council shall deter- mine to build only a portion of the sewer or sewers in such sub- main, lateral or branch sewer districts, it shall be lawfuj in such case to levy and assess the pro rata cost of constructing the whole of the sewer or sewers in such districts, upon the lots or parcels of land bounding or abutting upon the streets or public highways through or by which said portion of such sewer or sewers may be constructed, and the excess in the cost of the sewer or sewers so built, over and above the estimated pro rata cost for the whole dis- trict, shall be levied and assessed pro rata upon all the lots or par- cels of land bounding or abutting upon the streets or public high- ways in such districts in which the sewer or sewers are not at that time completed. Sec. 631. Construction of branch or local sewers. The council may provide for the construction of branch or local sewers, upon any street or other public ground within the corporation, wherein a main sewer is not established or built, which local sewers ihall connect with a main sewer convenient thereto, as the council may direct. If the corporation be laid off into districts, the connection shall be with a main sewer in the district wherein the local sewers are constructed. [S. & S., p. 863, sec. 214.] Seo. 632. Proceedings therefor. Proceedings for the establish- ment and construction of local sewers, as provided for in the pre- ceding section, and for the assessment and collection of the cost and expenses thereof, shall be as directed in the previous sections of this chapter regulating the establishment and construction of local sewers in connection with main sewers. [S. & S., pp. 863, 864, sees. 215, 216.] Sec. 633. Division of lots after first assessment. Should any division or subdivision of lots or lands assessed for sewerage pur- poses occur after the first assessment has been made and confirmed, the council may require the same, or such other assessors as they 194 THE LAWS OP shall select, to apportion the original amount assessed upon the ^ several parts of lots or lands so divided, whose report, when con- firmed by the council, shall be conclusive upon all parties ; and all assessments thereafter made upon such lots or lands, shall be according to such division, and collected in the same manner as upon the original assessment. [S. & S., p. 850, sec. 172.] Sec. 634. House connections and branches. The council, upon the recommendation of the board of improvements, may provide for the construction of proper house connections and branches, leading into all main or branch sewers, and for the assessment of the cost and expense thereof upon the lots or parcels of land, for the accommodation of which such connections and branches may be constructed. In no case, except as a sanitary measure, shall the council require such house connections to be built further from the sewer than to the inner line of the curbstone of the street or high- way in which the same may be constructed. [S. & S., p. 858, sec. 194, and p. 862, sec. 209.] Sec. 635. Cost of branch sewers, how assessed. When any im- provement provided for in the preceding section has been made, and the assessment therefor has not previously been ordered, the council shall pass an ordinance assessing the cost thereof upon the lots or parcels of ground for the accommodation of which such improvement was made, and such ordinance shall declare the time within which said assessment shall be paid into the treasury. [S. & S., p. 862, sec. 210.] Sec. 636. Tapping sewers for private use. Parties owning property abutting upon any street or public highway, in or on through which any public sewer or drain may be constructed, shall have the privilege of tapping and using the same for the pur- pose of draining their premises, under such rules and regulations as may be prescribed by the board of improvements; and the council may, by ordinance, require such persons contracting to build such house connections to procure a license from said board, and may charge therefor such sum as maybe deemed just. [S. & S., p. 849, sec. 168; p. 858, sec. 195, and p. 862, sec. 208.] Sec. 637. Ditches for drainage. The council of any city or incorporated village shall also have power to provide for the con- struction of ditches for necessary drainage within the corporation, under the restrictions and regulations, so far as applicable, con- tained in this chapter.' [S. & S., p. 863, sec. 211. J 'A municipal corporation is liable for cutting ditches and water courses in «uch a way as to wash away the plaintiff's land, although the work was legally done. They are liable for consequential damage resulting from the exercise of their legal powers. IBhodea t. Cleveland, 10 Ohio, 159.] MUNICIPAL CORPORATIONS. 195 Sec. 638. Repair of sewers^ ditches^ etc. The council may, when- ever it shall be deemed necessary, provide for the repair or recon- struction of any sewer, ditch or drain. The proceedings for that purpose shall be the same, so far as applicable, as are herein required for the original construction thereof. [S. & C, p. 15*i6, sec. 174; S. & S., p. 853, sees. 179, 180.] CHAPTER LI. finance and taxation. '' Section Section 639. Taxation in villagea for special purpoaea. 652. Delinquent taxes to be certified to 610. Bates of taxation in cities and viUagea county auditor, etc. for general purposes. 653. CoUectiou of taxes to pay bonds, etc., 641. Kates of levy for special purposes. issued for public imp rove men ta. 642. Construction of limitatioDS. 654. Collection to pay bonds issued for sew- 643. Anticipation of tax in certain cases. erage purposes. 644. Kates of levy for special purposes. 655. Taxes on lands laid oif into lota, etc. 645. Levy for payment of bonds. 656. Debts not to exceed taxes and other rev- 646. Levy for a greater tax to be submitted to euue. vote. 657. Mayor to record hia protest against ex- 647. Levy of tax for public buildings. cess of expenditure. 648. Maximum of tax allowable. 668. Board uf revision, its duties. 649. Percentage of tax to be certified to county 659. Services and supplies to be in pursuance auditor. of contracts. 650. Corporation taxes, bow collected. 660, Council restricted as to contracts. 651. Levy and collection of taxes within cor- poration. Sec. 639. Taxation in villages for special purposes* The trustees of incorporated villages for special purposes, shall have power to levy annually, upon the taxable property therein, such rate of taxes as may be necessary for the purposes mentioned in chapter ^ve, not exceeding ten mills on the dollar, for all purposes in any one year. The taxes so levied shall be collected in the same man- ner as the taxes of other municipal corporations. *Sec. 640. [As amended, May 2, 1871, 68 L. 133.] Bates of taxation by cities and villages. The city council of any city or incor- porated village shall have power to levy, annually, for the general purposes of the corporation, such amount of taxes on each dollar of valuation of taxable property of the corporation on the grand * Seo. 640. [As originally passed,] Bates of taxfxiion in cities and villages for general pttrposes. The council of any city or incorporated village shall have power to levy, annually, for the general purposes of the corporation, such amount of taxes on each dollar of valuatioa of taxable prop- 196 THE LAWS OF duplicate, as may be determined upon by them, uot exceeding the following rates : For each incorporated village, one-half of one milL For each city of the seconfi dass^ having a population of over thirty thousand and less than eighty thousand, one mill; every city of the second class, having a population over ten thousand and less than thirty thousand, two mills ; every other city of the second class^ two mills; for each city of the first class, having a population over one hundred and fifty thousand, four and one-half mills; every city of the first class, having a population over eighty and less than one hundred and fifty thousand inhabitants, one -half of one mill; every city of the first class, having a population over thirty and less than nighty thoU' sand inhabitants, two mills. [S. & S., p. 772, sec. 55.] ^i'SEO. 641. [As amended, May 2, 1871, 68 L. 133.] Each city and incorporated village shall also have power to levy annually, in erty of the corporation on the grand duplicate, as may be determined upon hy them, not exceed- ing the following rates: 1. For each incorporated village, five mills, 2. For each city of the second class, six mills. 3. For each city of the first cIom^ seven mills. Sec. 640. [As amended, April 18, 1870, 67 L. 83;] Bafefl of taxation in cities arid villages for general corporation purposes. The council of any city or incorporated village shall have power to levy, an- nually, for general purposes of the corporation, such amount of taxes on each dollar valaation of taxable property of the corporation on the grand duplicate, as may be determined upon by them, Tioi exceeding two mills on the dollar; provided, that in cities of the first class, liaving a population exceeding one hundred thomand inhabitants at the Icist federal census, ilie council may levy, for general pur' poses, a tax on all real and personal property in said city, not to exceed four mills on the dollar. *Sec. 641. [As originally passed.] Rates of levy for special purposes. Each city and incorpo- rated village shall also have power to levy annually, in addition to the above, the following rates : 1. For sanitary and street -cleaning purposes, otic mill. 2. For the maintenance of the infirmary of the corporation, and the support of the out door poor, three-fourths of a mill. 3. For keeping in repair steam or other fire engines, gradfed wharves or landings on navigable waters, graded, macadamized, or paved streets, corporation cemetei'ies, and for the support of the fire department, one mill and a half. 4. For lighting the corporation or supplying it with water, one mill and a half. 5. For keeping up and maintaining bridges, one-half of one mill. 6. For the payment of the marshal and police authorized by this act, one mill. 7. For the maintenance of the work housf, one mill. ' 8. For the expense of maintaining and administering houses of refuge and correction, over and above the receipts from labor of persons confined therein, such sum as may be necessary to meet the same. 9. For schools and school house purposes, such rate as may be proscribed by law, 10, For a sewer fund, one-half of one mill. Where the corporation is divided into «eiMr dis- tricts, the levy shall be by such districts. Seo. 641. [As amended, April 18, 1870, 67 L. 83.] Each city and incorporated village shall alRO have power to levy, annually, in addition to the above, the following rates : 1. Fyr sanitary purposes, one-Jialf of one mill. 2. For street-cleaning purposes, one mill; and for street impi-ovetnents and repairs^ one mill. 3. For the maintenance of the infirmary of the corporation and the support of the out door poor, three-fourths of one mill. MUNICIPAL OORPOHATIONS. 197 addition to the above, for the following purposes : [S. & S., p. 772, sec. 55.] [1.] For sanitary and street-cleaning purposes, and /or street improvements and repairs. 2. For the maintenance of the infirmary of the incorporation, and the support of the out door poor. [S. & S., p. 796, sec. 14.] 3. For keeping in repair steam or other fire engines, graded wharves or landings on navigable waters, corporation cemeteries, parks, and for the support of the fire department. [S. & S., p. 882, sec. 281.] [4.] For lighting the corporation or supplying it with water. [S. & S., p. 773, sec. 55, and p. 850, sec. 170.] 5. For keeping up and maintaining bridges. [S. & S., p. 778, sec. 64, and p. 889, sees') 307-309.] 6. For the payment of the marshal and police authorized by this act. [S. & S., p. 793, sec. 6.] 7. For the maintenance of the work house. [S. & S., p. 868, sec. 230.] 8. For the expense of maintaining and administering houses of refuge and correction, over and above the receipts from the labor of persons confined therein; such sum as may be necessary to meet the same. [S. & S., p. 871, sec. 244.] 9. For schools and school-house purposes, such rate as may be prescribed by law. [S. & S., p. 772, sec. 55.] 10. For a sewer fund, where the corporation is divided into sewer districts, the levy shall be by such districts. [S. & S., p. 856, sec. 189 I p. 857, sec. 192 ; p. 860, sec. 202, and p. 863, sec. 213.] 4. For keeping in repair eteam or other fire engines, and tlie support of the fire department, one mill. 5. For the construction or repair of graded wharves or landings on navigable waters, one-half of one mill. 6. For corporation cemeteries, one-half of one mill. 7. For lighting the corporation, one and one-half mills. 8. For supplying the corporation with water, three-foarlTui of one mill. 9. For keeping up and maintaining hridges, one-half of one mill ; provided^ thai in all cities^ Bccgrf citiea of the first clasa that have been advanced to that grade since 18G0, one-half of the proportion of bridge tax levied by (lie county comminiiionerit, collected upon property within such cities — in all cases where tlie cUff council shall demand it — shall be paid into the city treasury^ and shall be expended by such cities for thepur- pose of building and repairing bridges. 10. For the payment of marshal and the police, two and one-half mills, 11. For the maintenance of the work house, one-half of one mill. 12. For the expenses of maintaining and administering houses of refuge and correction, over and above the receipts from labor of persons confined therein, such sum as may be necessary ybr the same. 13. For schools and school house purposes, such amount as may be prescribed by law. 14. For sewer fund, one-half of one mill; when the corporation is divided into districts, the levy may be by such districts. 15. For maintaining the hospital, one-half of one mill. 198 THE LAWS OF Seo. 642. Construction of limitations. The limitations contained in the two preceding sections, shall not be construed to prohibit special assessments for improvements provided for by this act, nor the levy of a tax to raise means for the payment of the interest and principal of the debts of the corporation, nor of any tax au- thorized by law for special purposes. [S. & S., p. 773, sec. 55.] Sec. 643. Anticipation of tax in certain cases. The council shall have power to anticipate the tax authorized to be levied for sani- tary and street cleaning purposes, either by the temporary transfer of other funds (except school funds), or by temporary loans for that purpose. [S. & S., p. 773, sec. 55.] *Sec. 644. [As amended, April 2, 1871, 68 L. 133.] Levies by <"• Sec. 644. [As originally passed.] Bales of levy for special purposes. The council shall also have power to make the following levies : 1. For the real estate and right of way required for any improvement authorized by this act, one mill. 2. For erecting, enlarging, or improving water works, Ifiree mills. 3. For the efreetion of school buildings, three mills. 4. For wharves and landings, one-half o ^ one mill. 6. For market houses, two-tenths of one mill. 6. For the erection of corporation prisons, three-tenths of one mill. 7 . For the erection of buildinga required for the fire department, the construction of reservoirs, the purchase of steam or other fire engines, hose and other apparatus for the use of such depart- ment, one mill. 8. For the erection of halls and public offices, one mill. 9. For the improvement of highways leading into the corporation, three-tenths of one mill. 10. For the construction of levees and embankments, one-half of one mill. 11. For the improvement of any watercourse passing throtigh the coipoi&tion, one-half of one mill. 12. For the erection of work houses, three mills. 13. For the erection of houses of refuge and correction, three mills. 14. For the erection of hospitals, three milln. 15. For the erection of infirmaries, three mills. 16. For the erection of gas works, three mills. 17. For grounds for cemetery purposes, inclosing, improving, embellishing, or enlarging the same, one mill. 18. For grounds for public parks, inclosing, improving, embellishing, or enlarging the same, two mills. 19. For the construction of bridges, two-tenths of one mill. 20. To pay the interest on the public debt of the corporation, a sum sufiBcient to satisfy the ■ame as it accrues annually, to be applied to no other purpose. 21. For the construction and repair of sewers, drains and ditches, one mill. Where the corpo- ration is divided iato sewer districts, the levy shall be by such districts. 22. For the purpose of keeping up and maintaining a free public library and reading-room in the corporation, one-half of one mill. But no tax shall be levied for this purpose unless a suit- able lot and building therefor, supplied with library furniture and fixtures, shall first be donatedy leased to or rented by the corporation. 23. For any improvement authorized by this act not above provided for, one mill. 24. Such proportion of the amount authorized to bo levied by this section, for either of the purposes therein specified, may be levied annually, as the council may, by ordinance, prescribe. Sec. 644. [As amended, April 18, 1870, 67 L. 84.] Bates of levy for special purposes. The council Bhall also have power to make the following levies : 1. For the real estate and right of way thereto required for any improvement authorized in this act, one mill. 2. For erecting, enlarging or improving water works, two mills. 3. For the erection of school buildings, two and one-ha^f mills. MUNICIPAL CORPORATIONS. 199 councils. The council shall also have power to make the follow- ing levies: 1. For the real estate and right of way for any improvement authorized by this act. 2. For erecting, enlarging, or improving water works. [S. & C, p. 1527, sec. 109, and p. 1529, sec. 112; S. & S., p. 865, sees. 219, 220.] 3. For the erection of school buildings. [S. & C, p. 1530, sec. 118; S, & S., p. 895, sec. 326, and p. 896, sec. 327.] 4. For wharves and landings. [S. & 0.,p. 1531, sec. 118 ; S. & S., p. 899, sec. 336.] 5. For market houses. [S. & C, p. 1531, sec. 118.] 6. For the erection of corporation prisons. [S. &. S., p. 825, sec. 100, and p. 897, sec. 330.] 7. For the erection of buildings required by the fire department, the construction of reservoirs, the purchase of steam or other fire engines, hose or other apparatus, for the use of such department. [S. & S., p. 825, sec. 100 ; p. 881, sec. 278 ; p. 882, sees. 280, 281 ; p. 883, sees. 885, 286 ; p. 897, sec. 330, and p. 899, sec. 336.] i. For wharves and landings, one-haff of one mill. 5. For market houses, one mill. 6. For the erection of corporation prisons and station homes, one-haXf of one miU. 7. For the erection of buildings required for the fire department, the construction of reservoirB, the purchase of steam or other fire engines, hose and other apparatus, for the use of such depart* ment, one mill. 8. For the erection of halls and public offices, one mill. 9. For the improvement of highways leading into the corporation, tkree-tentlts of one mill. 10. For the construction of levees and embankments, one-half of one mill. 11. For the improvement of any watercourse passing the corporation, one mill, 12. For the erection of work houses, two mills. 13. For the erection of houses of refuge and correction, two nulls. 14. For the erection of hospitals, two mills. 15. For the erection of infirmaries, two mills. 16. For the erection of gas works, two mills. 17. For grounds for cemetery purposes, inclosing, improving embellishing, or enlarging the same, one mill. 18. For grounds for public parks, inclosing, improving, embellishing, or enlarging the same, one mill. 19. For the construction of bridges, one-half of one mill. 20. To pay the interest on the public debt of the corporation, a sum sufficient to satisfy the same as it accrues annually, to be applied to no other purpose. 21. For the construction and repairs o( sewers, drains and ditches, one mill. Where the corpo- ration. is divided into districts, the levy may he by such districts. 22. For the purpose of keeping up and maintaining a free public library and reading-room la the corporation, one-half of one mill. But no tax shall be levied for this purpose unless a suit- able lot and building therefor, supplied with a library, furniture and fixtures, shall first be owned by or leased to the corporation. 23. For any improvement authorized by this act and not above provided for, one mill. 24. Such proportion of the amount authorized to be levied by this section, for either of the purposes therein specified, may be levied annually, as the council may by ordinance prescribe* hut the aggregate of all such annual levies shall not exceed the limit herein prescribed for each of the piufoset respectively. 200 THE LAWS OF 8. For the erection of halls and public offices. [8. & S., p. 887, eec. 302, and p. 897, sec. 330.] 9. For the improvement of highways leading into the corpora- tion. [S. & S., p. 842, sees. 145, 147.] 10. For the construction of levees and embankments. [S. & S., p. 843, sec. 155.] 11. For the improvements of any watercourse passing through the corporation. [S. & C, pp. 1531, 1532, sec. 120 ; S. & S., p. 844, Bee. 158, and p. 845, sec. 160.] 12. For the erection of work houses. [S. & S., p. 867, sec. 229.] 13. For the erection of houses of refuge and correction. [S. & S., p. 869, sec. 235.] 14. For the erection of hospitals. [S. & S., p. 884, sees. 287, 288.] 15. For the erection of infirmaries. [S. & C, p. 1518, sec. 78.] 16. For the erection of gas works. [S. & C, p. 1535, sec. 131.] 17. For grounds for cemeteries and park purposes, inclosing, improving, embellishing, or enlarging the same. [S. & S., p. 875, sec. 254; p. 876, sec. 256 ; p. 877, sec. 258, and p. 897, sec. 330.] 18. For grounds for public parks, inclosing, improving, embel- lishing or enlarging the same. [S. & S., p. 888, sees. 303, 305.] 19. For the construction of bridges. [S. & S., p. 889, sees. 308, S09.] 20. To pay the interest on the public debt of the corporation, and to provide for a sinking fund for the same, a sum sufficient to satisfy the same as it accrues annually, to be applied to no other purpose. [S. & C, p. 1530, sec. 117; S. & S., p. 796, sec. 15; p. 802, sec. 26 ; p. 894, sec. 320 ; p. 897, sec. 331 ; p. 898, sec. 332, and p. 899, sec. 334.] 21. For the construction and repairs of sewers, drains, and ditches ; where the corporation is divided into sewer districts, the levy ihall be by such districts. 22. For the purpose of keeping up and maintaining a free pub- lic library and reading-room in the corporation ; but no tax shall be levied for this purpose unless a suitable lot and building there- for, supplied with library furniture and fixtures, shall first be donated, leased to or rented by the corporation. [S. & S., p. 722, sec. 50.] 23. For any improvement authorized by this act and not above provided for. 24. Such proportion of the amount authorized to be levied by this section, for either of the purposes therein specified, may bo levied annually, as the council may by ordinance prescribe. MUNICIPAL CORPORATIONS. 201 Sec. 645. Levy for payment of bonds. When the bonds of the corporation have been issued in anticipation of any tax provided for in the preceding section, the same tax may be levied to raise means for the payment of such bonds as is authorized for the pur- pose for which they were issued. Sec. 646. Leny of a greater tax to he submitted to a vote. A greater tax than that authorized by this chapter, for either of the purposes mentioned therein, may be levied, if the proposition to make such levy shall have been first submitted to a vote of the electors of the corporation, under an ordinance prescribing the time, place, and manner of voting on the same, and approved by a majority of those voting on the proposition. Sec. 647. Levy of tax for public buildings. Whenever it may become necessary for any city to provide grounds and erect thereon a court house, jail, or public oiBces, for the use of the county within which it may be situated, or to contribute to either of said purposes, the council may levy a tax of one mill upon the taxable property of the corporation. But such tax shall not be levied until the same shall be approved by a majority of the elect- ors of the corporation in the manner pointed out in the preceding section. [S. & C, p. 15-35, sees. 134, 135; S. & S., p. 899, sec. 337, and p. 900, sec. 338.] * Sec. 648. [As amended, May 2, 1871, 68 L. 133] Maximum of taxes allowed. The aggregate of all taxes levied or ordered by any corporation, including the levy for general purposes, over and above the tax for county and state purposes, and excluding the tax for schools and school-house purposes, shall not exceed in any one year : In cities of the first class having a population of one hundred and fifty thousand inhabitants and more, sixteen mills. In cities of the first class having a population of eighty and less than one hundred and fifty thousand inhabitants, twelve and five-tenths mills. *Skc. 648. [As originftUy passed.] Maximum of tax allowable. The aggeegate of aU taxes levied or ordered by any corporation, over and above the general levy, shall not exceed in any one year three per cent, on the value of any property aaseaned for taxation. Sec. 648. [As amended, April 18, 1870, 67 L. 135.] Maximum of tax allowable. The aggregate Of all taxes levied or ordered by any municipal corporation over and above the levy for general purposes, shall not exceed, in any one year, two and one-half ■per cent, of the value of any prop- erty, as valued for taxation on the county duplicate; provided, that in cities of the first class, having a populaiion exceeding one hundred and fifty thousand at the last federal census, the council may len/ a tax in addition to the general levy hereinbefore provided for, on all the real and personal properly in said city to be vsed for the purpose of opening, extending, widening or securing the riglifs of way for streets or avenues, not to exceed one mill. And no person or property charged with any itpecial local assessment for any improve- ment, shall be compelled to pay therefor, in any one year, more than one-tenth of Ute value of Hie property on which the assessment was made, as valued on the comity duplicate for taxation. 202 THE LAWS OP In cities of the first class having a population over thirty and less than eighty thousand inhabitants, fifteen mills. In cities of the second class having a population over thirty thousand and less than eighty thousand inhabitants, nine and five-tenths mills. In cities of the second class having a population over ten thousand and less than thirty thousand inhabitants, twelve mills. In all other cities of the second class, nine mills. In incorporated villages having a population over three thousand in- habitants, eight mills ; and all other incorporated villages, ten mills, on each dollar of the value of any property as valued for taxation on the county duplicate ; provided, that the council of every municipal corpo- ration shall cause to be certified to the auditor of the county on or before the first Monday in June annually, the percentage by them levied on the real and personal property in the corporation, returned in the grand levy, an,d the county auditor shall place the same on the duplicate of taxes for said county, in the same manner as township taxes are now by law placed on said duplicate; and, provided further , that said council shall annually, at the same time the rate of levy is fixed, provide by ordi- nance for the distribution of the tax, among the several departments of the city, in such proportion to their needs as said council may deem nec- essary ; and at no time thereafter shall the amounts therein specified as necessary for the purposes named be changed, and all transfers of funds from one account to another are hereby expressly prohibiteil. Payment of claims. All claims against the said cities, of every na- ture whatsoever, shall be paid by the treasurer upon the warrant of the auditor, and all boards of trustees, directors or commissioners, having the charge of the expenditures of city funds, shall certify claims against their respective departments to the city auditor for payment, and it shall be the duty of the auditor, in addition to such other duties, to keep accurate and detailed accounts of the receipts and expenditures of the city in all its departments, and for all purposes ; and, provided further, that no person or property charged with any Bpeeial local assessment for any improvement, shall be compelled to pay therefor in any one year more than one-tenth of the value of the property on which the assessment was made as valued on the county duplicate for taxation. Sec. 649. Percentage of tax to be certified to county auditor. The council shall cause to be certified to the auditor of the county, on or before the first Monday of June, annually, the percentage by them levied on the real and personal property in the corporation returned on the grand levy; and the county auditor shall place the same on the duplicate of taxes for said county in the same MUNICIPAL CORPORATIONS. 203 manner as township taxes are now by law placed on said dupli- cate. [S. & C, p. 1522, sec. 87.] Sec. 650. Corporation taxes, how collected. The taxes of the cor- poration shall be collected by the county treasurer, and paid into the treasury of thejcorporation, in the same manner, with the same power and restrictions, and under the same regulations; and in all things as to the sale of real or personal property, he shall act according to the provisions and requisitions of the law for the collection of taxes for state and county purposes. [S. & C, p. 1522, sec. 87.] >Sec. 651. [As amended, April 10, 1870, 67 L. 85.] Taxes within corporations. Nothing in this chapter shall be construed to prevent any corporation, that may elect to do so, from levying and collecting taxes, as authorized by this act, within the corpora- tion ; and when any corporation shall elect to levy and collect such taxes, it shall be the duty of the council to provide, by ordi- nance, for the appointment and regulation of the necessary officers to carry the same into effect -^ and such officers so created shall have all the power, and be under all the restrictions of county auditors, county treasurers, and township assessors, so far as the same shall be applicable to them, except in the sale of delinquent lands. [S. & C, p. 1522, sec. 87.] Sec. 652. Delinquent taxes to be certified to county auditor, etc. The council may order the clerk, or other proper officer of the council, to certify any delinquent tax assessed by the corporation to the auditor of the proper county, which delinquent taxes, so cer- tified, the auditor is hereby required to place on the grand tax duplicate of the county in a separate column, and the same shall be collected in like manner as delinquent state and county taxes. [S. & C, p. 1522, sec. 87.] Sec. 653. Collection of taxes to pay bonds, etc., issued for public improvements. Iii case any special assessment is made, as author- ized in chapter forty-nine, and bonds, notes, or certificates of in- debtedness of the corporation are issued in anticipation of the 'This section differs from the section originally passed only in the insertion of the words in italics. 2 When power is given to collect a tax, and no special mode is prescrihed, it is competent for the council to prescribe the mode by ordinance. [Cmcinnati V. Gwynne, 10 Ohio, 192; Cfineinnatiy, The Bank of the United States, 14 Ohio, 605.] Semhle, that where payment is ordered by an ordinance, non-payment might be punished by a penalty, in the absence of provisions in the charter. [^Cincinnati v. Gwynne, 10 Ohio, 192.] 204 THE LAWS OP collection thereof, the ordinance directing the assessment shall specify the amount per foot front or the amount per valuation to be paid, and where the amount is payable in installments, the amount to be paid annually. And it shall be the duty of the auditor or clerk of the corporation, on or before the second Monday in September, annually, to certify such assessment to the council, to be by them confirmed, and thereupon they shall direct the clerk to certify the same to the county auditor, who is hereby author- ized and required to place the same on the tax duplicate; and the county treasurer is hereby authorized and required to collect said assessment in the same manner as other taxes are collected, and when collected he shall pay the same to the treasurer of the cor- poration, to be by him applied to the payment of said bonds, notes, or certificates of indebtedness and interest thereon, and for no other purpose ; and for the purpose of enforcing the collection of said assessment, the county treasurer shall have the same power and authority now allowed by law for the collection of state and county taxes. Sec. 654. Collection to pay bonds issued for sewerage purposes. In case any special assessment is made for sewerage purposes, as authorized by chapter fifty, and the bonds of the corporation are issued in anticipation of the collection thereof, such assessment shall be certified to the council, confirmed, certified to the county auditor, and collected at the same time and in the same manner as is provided in the preceding section, and when* collected, shall be applied to the payment of said bonds, and to no other purpose. Sec. 655. Taxes on lands laid off into lots, etc. The council shall have power to impose taxes upon parcels of land laid off into lots, and sold or leased by metes and bounds or other description, though the same shall not have been platted and recorded.^ [S. & C, p. 1523, sec. 91.J Sec. 656. Debts not to exceed taxes and other revenue. The coun- cil shall not make appropriations nor contract debts for the ordinary purposes of the corporation, exceding the amount of • A provision that lands within a municipal corporation unplatted shall be taxed in a different manner from those that are platted, is in violation of the constitution of 1851, which requires a uniform rate per cent, to be levied on all property within the limits of the local subdivision for which the revenue is collected, subject only to the exemptions specifically provided for. \_Zanes- ville v. Richards, 5 Ohio St. 589.2 If section 94 of the municipal corporation act of 1852 means this, it is void. [Ibid.] MUNICIPAL CORPORATIONS. 205 taxes and revenue from other sources for the current year. [S. & C, p. 1543, sec. 162, and p. 1530, sec. 118.] Sec. 657. Mayor to record his protest against excess of expendi- tures. If, in the opinion of the mayor, an expenditure shall be authorized by the council, exceeding the revenues of the corpora- tion, for the current year, it shall be his duty to protest against such expenditure, and enter such protest, and the reasons there- for, on the journal of the council. [S. & C, p. 1543, sec. 162, and p. 1530, sec. 118.] Sec. 658. Board of revision, its duties. The mayor, the presi- dent of the council, and the solicitor of the corporation, shall con- stitute a board of revision, which shall meet as often as once in every month, to review the proceedings of the council, and of all other departments of the corporation government, and report to the council whether any department of such government has tran- scended its powers, whether any officer has neglected his duties, and also report whether any and what retrenchmeurt in the ex- penses of the corporation, and what improvement in any of the departments of the corporation government can be made. [S. & C, p. 1543, sec. 160.] Sec. 659. Services and supplies to be in pursuance of contracts. All services rendered and performed, and all supplies furnished for the corporation, shall, as far as practicable, be rendered, per- formed and supplied in pursuance of contracts to be authorized by the council, through some appropriate officer or department of the corporation. Sec. 660. Council restricted as to contracts. It shall be unlaw- ful for the council to enter into any contract which is not to go in full operation during the term for which all the members of such council are elected.' [S. & S., p. 904, sec. 356.] 'Where the charter prohibits a city council making any contract "for the payment of money at any day beyond the current fiscal year in which such contract is made," the council can not, in the year 1848, levy a tax for the payment of an expense incurred in 1845. " If the city council had at the time the contract was made, in 1845, passed an ordinance that the expense of lighting for that year should be paid in 1848, by a tax assessed for that pur- pose, it would have come within the letter of the prohibition. It is none the less a violation of its spirit that the council did not pass the ordinance, pro- viding for its payment, until 1848. This restriction on the city council is a wise and beneficial provision, and the good of the city requires that it should be strictly followed. [Jonas v. Cincinnati, 18 Ohio, 318.] 206 THE LAWS OF CHAPTER LII. THE POWER TO BORROW MONET AND ISSUE BONDS. Section Section 661. Loantj in anticipation of revenue. 66G. IsBue of bonds for money borrowed in 662. Issue of bonds, etc., to extend time of anticipation of assessment. payment. 667. Bonds may have coupons attached. 663. Bonds for money borrowed in anticipa< 668. Character of bonds in certain cases. tion of revenue. 669. Sale of bonds to be advertised. 664. Bonds to be explicit on their face. 670. Bonds not to be sold below par. 665. Borrowing moneyinanticipation of special 671. Penalty for diverting funds from their assessment. legitimate use. Sec. 661. Loans in anticipation of revenue. Loans may be made by municipal corporations, in anticipation of the general revenue fund.' The aggregate amount of such loans in any one fiscal year shall not exceed, in case of an incorporated village for special pur- poses one thousand dollars, of an incorporated village fifteen thousand dollars, of a city of the second class fifty thousand dol- lars, of a city of the first class two hundred thousand dollars. [S. & C, p. 1524, sec. 94, and p. 1530, sec. 118.] Sec. 662. Issue of bonds, etc., to extend time of payment- The trustees or council of any municipal corporation, for the purpose of extending the time of the payment of any indebt- edness incurred, which from its limits of taxation such cor- poration is unable to pay at maturity, shall have power to issue bonds of such corporation, or borrow money, so as to change but not increase the indebtedness, in such amounts and for such length .of time, and at such rate of interest as the council may deem proper, not to exceed the rajje of seven per centum per annum. [S. & C, p. 1530, sec. 117.] * Sec. 663. [As amended, April 18, 1870, 67 L. 85.] Borrowing of money in anticipation, etc. Loans may also be made by any municipal • When the charter contains no restriction on the power of a municipal corpo- ration to torrow money, it possesses the power to borrow such money as may be necessary, for the safety and convenience of the town, or to carry into effect the power granted to it for municipal purposes. [^Bank of Chillieothe v. Chil- licothe, 7 Ohio, pt. 2, p. 31.] * Sec 663. [As originally passed.] Bonds for money borrowed in anticipation o/ reventte. Loans may also be made by any municipal corporation in anticipation of the revenues to be derived from any tax authorized by this act for public improvements or other public use ; and the coun- cil shall have power to issue the bonds of tho corporation for the money so borrowed, in such amounts as they may determine, bearing a rate of interest not exceeding seven per centum per MtTNICIPAL CORPORATIONS. 207 corporation in anticipation of the revenues to be derived from any tax authorized by this act for public improvements or other pub- lie use ; and the council shall have power to issue the bonds of the corpoi-ation for the money so borrowed in such amounts as' they may determine, bearing a rate of interest not exceeding eight per centum per annum, and payable at such time as they may deem proper, not exceeding fifteen years; provided, said bonds shall not, in any case, he sold for less than their par value} Sec. 664. Bonds to he explicit on their face. All bonds issued under authority of this chapter shall express upon their face the purpose for which they .were issued, and under what ordinance. Sec. 665. Borrowing money in anticipation of special assessment. The council of any municipal corporation shall also have power to borrow money at a rate of interest not exceeding seven per cen- tum per annum, in anticipation of the collection of any special assessment, and to issue the bonds of the corporation therefor in the manner and form above provided for. [S. & C, p. 1532, sec. 120; S. & S., p. 845, sec. 160, and p. 895, sec. 325.] *Sec. 666 [As amended, April 18, 1870, 67 L. 86.] Bonds for mony borrowed in anticipation. If the council shall make any special assessment payable in annual installments, as authorized in chapters forty-nine and fifty, they shall have power to borrow, upon the credit of the corporation, a sum of money sufficient to annum, and payable at such time as they may deem proper, not exceeding fifteen years, and redeemable at any time after six years at tbepleanure of the council. Sec. 663. [Ab amended, April 2, 1870, 67 L. 33.] Loane in aTUicipation of revenue. Loans may also be made by any municipal corporation in anticipation of the revenues to be derived from any tax authorized by this act, for pilblic improvements or other public use ; and the council shall have power to issue the bonds of the corporation for the money so borrowed, in such amounts as they may determine, bearing a rate of interest not exceeding eight per centum per annum, and payable at such time as they may deem proper, not exceeding fifteen years. *Sec. 666. [As originally passed.] Issue of bonds for tnoney borrowed in anticipation of assessment. If the conuuil shall make any special assessment payable in annual installments, as authorized in chapter forty-nine, they shall have power to borrow upon the credit of the corporation a sum of money sufficient to pay the estimated cost and expense of the improvement, and shall have authority to issue bonds, notes, or certificates of indebtedness pledging the faith and credit of the corporation for the payment of the principal and interest of such bonds, notes, or certificates of indebtedness, suid interest not to exceed the rate of seven per centum per annum, payable annually. All bonds, notes or certificates of indebtedness issued as aforesaid, shall have the name of the street or portion thereof so improved and for which the same were issued, legibly written or printed upon them, and shall be signed by the mayor and auditor or clerk, and be sealed with the seal of the corporation. 1 Where a city council was authorized to sell certain stock, " so soon as it can be sold at par, or at any time after, provided it can be sold for its par value," it may make a sale on credit, if the party buying agrees to pay an amount equal to the amount subscribed by the town." ^Newark v. Elliott, 5 Ohio St. 113.] 208 THE LAWS OF pay the estimated cost and expense of the improvement, and shall have authority to issue bonds, notes, or certificates of indebted- ness, pledging the faith^and credit of the corporation for the pay- ment of the principal and interest of such bonds, notes, or cer- tificates of indebtedness, said interest not to exceed the rate of eight per centum per annum, payable annually, which said bonds, notes or certificates of indebtedness, shall not in any case be sold for less than their par value. All bonds, notes or certificates of indebt- edness, issued as aforesaid, shall have the name of the street or portion thereof so improved, and for which the same were issued, legibly written or printed upon them, and shall be signed by the maj-or and auditor or clerk, and be sealed with the seal of the cor- poration. Sec. 667. Bonds may have coupons attached. Bonds issued as provided in this chapter may, in the discretion of the council, have interest coupons attached. [S. & S., p. 856, sec. 188.] Sec. 668. Character of bonds in certain cases. Where the cor- poration is divided into districts for sewerage purposes, bonds is- sued for money borrowed to pay the expense of constructing or repairing sewers in any such district, shall have the name and number of the district for which they were issued legibly written or printed upon them. [S. & S., p. 856, sec. 188.] =i= Seo. 669. [Repealed, April 2, 1870, 67 L. 33.] Sec. 670. Bonds not to be sold below par. In no case shall the bonds of the corporation be sold for less than their par value. Sec. 671. Penalty for diverting funds from their legitimate use. If any member of the council, or officer of the corporation, shall knowingly divert or appropriate any money borrowed, or bonds of the corporation, or any part of the proceeds thereof, to any purpose other than that for which such loan was made or such bonds issued, he shall, on conviction, be fined in any sum not less than one hundred nor more than one thousand dollars, or be im- prisoned in the county jail not less than twenty days nor more than six months, or both, at the discretion of the court. [S. & S., p. 898, sec. 333, and p. 899, sec. 335.] * Seo. 669. [As originally passed.] Sale of lands (o be advertised. Whenever bonds are issued under tlie provision of tliis act to an amount exceeding ten thousand dollars, the sale thereof shall be advertised in at least one newspaper published in the corporation, or if no newspaper be published therein, then in some newspaper of general circulation in the corporation, for at least ten days previous to such sale. The advertisement shall specify that sealed bids will be received at a place, and until a day and hour designated. The bids shall then be opened and read in the presence of the bidders present, and the bonds shall be sold to the highest bidder, the corpora- tion, however, reserving the right to rej%ct all. MTTNIOIPAL CORPORATIONS. 209 CHAPTER LIII. SINKING FUND. Section Section 672. Tax for creating a sinking fand. 674. Such levy to be certified to auditor. 673. Levy for sinking fund to be upon prop- 675. Penalty for misappropriation of sinking erty of districts benefited. fund. Sec. 672. Tax for creating a sinking fund. For the purpose of creating a sinking fund for the gradual extinguishment of the bonds and funded debt of any municipal corporation, the council thereof may annually (until payment of the bonds and the funded debt be fully provided for) levy and collect, in addition to the other taxes of said corporation, a tax not less than one mill and not exceeding three mills upon the property appraised and returned as provided by law, which shall be paid into the treasury, and be applied by order of the council, to the extinguishment of said bonds and funded debt, and to no other purpose whatever, [S. & 0., p. 1522, sec. 88, and p. 1530, sec. 117 ; S. & S., p. 796, sec. 15 ; p. 802, sec. 26 ; p. 894, sec. 320; p. 897, sec. 331, and p. 898, sees. 832, 334.] Sec. 673. Leoy for sinking fund shall be upon property of districts benefited. The levy to provide a sinking fund for the redemption of bonds issued for sewerage purposes, shall, where the corporation is divided into sewer districts, be upon the property of the district for which the bonds were issued. Sec 674. Such levy to be certified to auditor. The tax so levied shall be certified to the auditor of the county wherein the corpo- ration is situated, to be placed on the county duplicate and collectedi as other taxes ; such taxes shall be a lien on the property whereoni they are assessed, the same as state and county taxes, and subject, to the same penalties if delinquent. [S. & S., p. 897, sec. 330.Jj Sec 675. Penalty for misappropriation of sinking fund. If any member of the council, or officer of the corporation, shall know- ingly divert or appropriate the tax or sinking fund raised under this act, to any other purpose than that to which it is by this act appropriated, he shall, on conviction, be fined in any sum not less than one hundred nor more than one thousand dollars, or impris- oned in the county jail not less than twenty days nor more than six months, or both, at the discretion of the court.- [S. & &., pi. 898, sec. 333, and p. 899, sec. 335.] 210 THE LAWS OP [CHAPTER LIV. LEASE OR SALE OP COEPORATE PROPERTT. Section Section 676. Lease or sale of corporate property an- 678. This chapter not applicable to certain thorized." classes of property. 677. Disposition of fund so raised. Sec. 676. Lease or sale of corporate property authorized. The council of any city or incorporated village, may, upon the recom- mendation of the board of improvements, lease or convey, ia such manner and for such sum as may be provided by ordinance, any real estate or interest therein, any wharf or public landing, any buildings, and also dispose of any material from any street, alley, avenue, sewer, bridge, ship channel, public ground or park, belong- ing to the corporation.' [S. & C, p. 1544, sec. 170 ; S. & S., p. 802, sec. 27.] Sec. 677. Disposition of fund so raised'. The fund arising there- from shall be paid into the corporation treasury; to the credit of the particular fund by which such property' was acquired, if there bo any such fund, and if no such fund exist, then to the general fund of the corporation. [ S. & C, p. 1544, sec. 170 ; S. & S., p. 802, sec. 27.] Sec. 678. TMs chapter not applicable to certain classes of property. The provisions of this chapter shall not apply to the sale of school property, except with the concurrence of the board of education, nor of property acquired for infirmaries, houses of refuge and cor- rection and work houses, except with the concurrence of the direct- ors of those institutions, nor of property acquired for water- works, purposes, except with a concurrence of the trustees of water works, nor of any real estate or the buildings thereon devoted to hospitals, or other like benevolent institutions owned or managed by the cor- poration. [S. & C, p. 1544, sec. 170; S. & S., p.,802, sec. 27.] 'A municipal corporation, unless restrained by its charter, may sell what it may acquire. [^Newark v. Elliott, 5 Ohio St. 113; Widow and heirs of Rey- nolds V. Com'rs of Stark Co., 5 Ohio, '204.] Under the provisions of the municipal code, the city may appropriate to other uses property purchased for a public park, although at the time it was purchased the law declared that such property should never be used for any other purpose. [Schoonmaker v. Cincinnati, Superior Court of Cincinnati, General Term, MS.] MUNICIPAL CORPORATIONS. 211 CHAPTER LV. ANNEXATION OP TERRITORY TO A CITY OR INCORPORATED VILLAGE, ON THE APPLICATION OP CITIZENS RESIDING THEREON. Section Section 679. Annexation of adjacent territory. 686. Notice of order of dismission, etc, 680. Petitions for such annexation. 687. Stay of proceedings on order enjoiuin^^ 681. Proceedings thereon. etc. 682. Report of transcript to council. 688. Effect of acceptance of annexation. 683. Rejection of application. 689. Proceedings when territory lies in two 684. Proceedings on acceptance of application. or more counties. 685. Notice of filing of petition to enjoin. Sec. 679. Annexation of adjacent territory. The inhabitants residing on any territory adjacent to any city or incorporated vil- lage, may, at their own option, be annexed to such city or incor- porated village, in the manner following: [S. & C, p. 1495, sec. 9.] Sec. 680. Petitions for such annexation. Application for such purpose shall be by petition, in writing, addressed to the commis- sioners of the county in which such territory is located, and shall be signed by a majority of the qualified freehold electors residing on said territory. It shall contain the name or names of some person or persons who are authorized to act as the agent or agents of the petitioners in securing such annexation, and shall fully describe the said territory, and be accompanied by an accurate map or plat thereof. S. & C, p. 1495, sec. 9.] Sec 681. Proceedings thereon. Such petition shall be presented to the board of commissioners at some regular session thereof, and ■when so presented the same proceedings shall thereafter be had, in all respects, as far as applicable, and the same duties in respect thereto shall be performed by the commissioners and other offi- cers, as are required in the case of application to be organized into an incorporated village under the provisions of chapter two; and the final transcript of said commissioners, an3 the accompany.,, ing map or plat and petition, shall be deposited with the clerk of the city or incorporated village to which such annexation is pro- posed to be made, who shall file the same in his office. S. & C, p. 1495, sec. 10.] Sec. 682. Report of transcript to council. At the next regular session of the council of such city or incorporated village, after the expiration of sixty days from the date of such filing, the said clerk shall report the said transcript and the accompanying map ^^2 THE LAWS OP or plat and petition to said council, and thereupon such council shall, by resolution or ordinance, accept or reject the said applica- tion for annexation. [S. & C, p. 1496, sec. 11.] Sec. 683. Bejection of application. If the resolution or ordi- nance shall be to reject such application for annexation, then no further proceedings shall be had ; but such rejection shall not be held to operate as a bar to any future application to the county commissioners on the same subject. Sec. 684. Proceedings on acceptance of application. If the reso- lution or ordinance of the council be an acceptance of such applica- tion for annexation, then it shall be the duty of the clerk of such city or incorporated village to make out two copies of the petition and map or plat accompanying the same, and transcript of the commis- sioners, and resolution and ordinances in relation to such annexa- tion, with a certfieate that the same are correct, which certificate shall be signed by him in his official capacity, and be attested by the seal of such city or incorporated village, one of which copies he shall forthwith deliver to the recorder of the county, whose duty it shall be, having first made a record thereof in the proper books of record, to file and preserve the same, and the other of said copies shall be, by such clerk, forwarded to the secretary of state. [S. & C, p. 1496" sec. 12.] Sec. 686. Notice of filing of petition to enjoin. If the clerk^ within sixty days from the date of the filing of such transcript, map or plat and petition in his office, shall receive notice from any person interested, that he has filed a petition to the court or judge to enjoin all further proceedings, he shall not then report to the council such transcript, map or plat and petition filed with him, until after the final hearing and disposition of said petition. [S. & G., p. 1496, sec. 12.] Sec. 686. Notice of order of dismission, etc. If the court or judge shall make an order dismissing such petition, the clerk of the county shall then immediately notify, in writing, the clerk of the corporation of the order made, and the clerk shall then, at the next regular meeJting of the council, report to the same such tran- script, map or plat and petition accompanying the same, as if no Buch petition had been filed. Sec. 687. 8tety of proceedings on order enjoining, etc. If the order of the court or judge be enjoining said clerk from making such report to the council as before provided, a certified copy of such order shall be immediately made by the proper officer of the court, land delivered to said clerk of the corporation, who shall file the same with such transcript, map or plat and petition, and preserve MUNICIPAL CORPORATIONS. 213 the same in his oflSce, and thereupon no further proceedings shall be had in the matter ; but such order of the court or judge shall not operate as a bar to any future application for the foregoing purpose to the commissioners of the county. [S. &0.,p. 1496,860.11.] Sec 688. Effect of acceptance of annexation. So soon as said resolution or ordinance, accepting such annexation, has been adopted, the said territory shall be deemed and taken to be a part and parcel of the city or incorporated village, and the inhabitants residing thereon shall have and enjoy all the rights and privileges of the inhabitants within the original limits of such city or in- corporated village. [S. & C, p. 1496, sec. 13.] Sec. 689. Proceedings when territory lies in two or more counties. Where the corporation is situate in two or more counties, or where the territory to be annexed is situate in a different county from that in which the corporation or some part of it is situate, the proceedings, so far as practicable, shall be as directed in sections twenty-five and twenty-six of chapter two. CHAPTER LVI. ANNEXATION ON THE APPLICATION OF THE CORPORATION. Section Section 690. Annexation on application of corpora- 694. Proceedings where territory lies in seT- tion. eral counties, etc. 691. Ordinance for annexation. 695. Effect of annexation completed. 692. How application to be made. 69G. Unnoticed errors and irregularities not 693. Proceedings on petition, to vitiate annexation . Sec. 690. Annexation on application of corporation. "When any municipal corporation, not an incorporated village for special purposes, shall desire to enlarge its corporate limits by the an- nexation of contiguous territory,' it shall be done in the following manner : [S. & C, p. 1497, sec. 14.] Sec 691. Ordinance for annexation. The council of the corpo- ration, by a vote of not less than a majority of the members elected, shall pass an ordinance authorizing such annexation to be made, and directing the solicitor of the corporation, or some one else to 1 Territory on the opposite side of a navigable river, forming the boundary of a town, is contiguous to the town. [Blanchard v. Bisaell, 11 Ohio St. 96.] The legislature can not prescribe the boundaries of a corporation by a special act. Such act is in contravention of the constitutional prohibition against special laws conferring corporate powers. [State of Ohio, ex rel. the Attorney General, v. Cincinnati, 20 Ohio St.] 214 THE LAWS OP be named in the ordinance, to prosecute the proceedings necessary to effect such annexation. [S. & C, p. 1497, sec. 14.J Sec. 692. Bow application to he made. Application for such purpose shall be by petition, in writing, of the corporation to the commissioners of the proper county, which petition shall set forth that under an ordinance of the council duly and legally passed, the territory therein described was authorized to be annexed to the corporation, and shall accurately describe such territory and be accompanied by an accurate map or plat thereof.^ [S. & C, p. 1497, sec. 14.] Sec. 693. Proceedings on petition. Upon such petition being presented to the commissioners, like proceedings thereon shall be had, in all respects, so far as applicable, as are required under the provisions of chapter fifty-five. [S. & C, p. 1497, sec. 14.] Sec. 694. Proceedings where territory lies in several counties, etc. Where the corporation is situated in two or more counties, or when the territory to be annexed is situated in a diiferent county from that in which the corporation or some part of it is situated, the proceedings shall be in the county in which the territory to be annexed, or some part of it, is situate. Sec. 695. Effect of annexation completed. When the annexation of such described territory has been completed, the same shall in law be deemed and held to be included in and constitute a part of such municipal corporation, and the inhabitants residing thereon shall have and enjoy all the rights and privileges of the inhabit- ants residing within the original limits of the corporation. [S. & C-, p. 1497, sec. 14.] Sec. 696. Errors and irregularities not to vitiate annexation. When any addition has been made to any corporation, and the same has been recognized as a part thereof, and has been taxed, and taxes thereon paid, and subjected to the ordinances and the authority of the council, without objection, such addition shall be deemed part of the corporation, and the inhabitants residing thereon citizens thereof, notwithstanding any errors, irregularities or defects in making such addition. [S. & S., p. 892, sec. 315.] ' Lands can be annexed to a municipal corporation without the consent of the inhabitants thereof. IPowers v. Commissioners of Wood Co., 8 Ohio St. 285; Blanchard v. Bissell, 11 Ohio St. 96.] The questions involved are both of a public and local nature, and the court will not interfere with the exercise by the county commissioners of the power vested in them, by injunction. [Powers v. Com'ra of Wood Co., supra."] MUNICIPAL CORPORATIONS. 215 CHAPTBE LVII. ANNEXATION OP ONE MUNICIPAL CORPORATION TO ANOTHER MUNICIPAL CORPORATION. Sect [ON Section 697. Annexatiou of contiguous corporations. 703. Transcripts to be filed in office of ro- 698. Submission to vote of electors. corder. 699. Such submission by ordinances. 704. Annexation complete, etc. 700. Effect of afBrmative vote. 705. One government, etc., for both corpora- 701. Commissioners to arrange terms, etc. tiona. 702. Approval by ordinances. Sec. 697. Annexation of contiguous corporations. "When any municipal corporation, the territory of which shall be contiguous and adjoining the territory of another municipal corporation, shall desire to be annexed to such other corporation, such annexa- tion shall be effected in the following manner: [S. & C, p. 1497, sec. 15.] Sec. b"98. Submission to vote of electors. The trustees or coun- cil of the corporation proposing such annexation shall submit the question of such annexation to the qualified electors thereof, and the trustees or council of the corporation to which the annexation is proposed to be made shall also submit the same question to its qualified voters. [S. & C, p. 1497, sec. 15.] Sec 699. Such submission by ordinances. Such submission shall be by ordinances adopted by the trustees or council of each cor- poration at least thirty days prior to the annual April or October election, at which election the vote shall be taken, and the ordi- nances shall each prescribe the manner in which such submission shall be made, and they shall be published in each corporation, by posters or otherwise, in such manner as the respective trustees or councils may deem most expedient, for the period of at least twenty days prior to the day fixed for such election. [S. & C, p. 1497, sec. 15.] Sec. 700. Effect of affirmative vote. If a majority of the quali- fied electors of each corporation voting on the question so submit- ted, at the same election, be in favor of such annexation, the trustees or council of each shall thereupon, within a reasonable time, cause the result to be certified to the other corporation. [S. & C, p. 1497, sec. 15.] Sec. 701. Commissioners to arrange terms, etc. The trustees or council of each corporation shall then appoint, by resolution or ordinance, three commissioners, whose duty it shall be to arrange 216 THE LAWS OP the terms and conditions of such annexation, and report the result of their potion, when agreed upon, to the trustees or council of their respective corporations. [S. & C, p. 1497, sec. 15.] Sec. 702. Approval by ordinances. When the report of such commissioners shall be approved by an ordinance passed by each corporation, certified copies thereof, signed by the presiding officer of the trustees or council of each corporation, and the respective clerks thereof, and attested by the corporate seal of each, shall be filed in the office of the clerk of the corporation to which such annexation is proposed to be made. [S. & C, p. 1497, sec. 15.] Sec. 703. Transcripts to be filed in office of recorder, etc. It shall then bo the duty of the clerk, under the direction of the corpora- tion, to make out and certify two transcripts of all the ordinances, abstracts of the returns of the votes, and other papers relating to such annexation, one of which shall be filed in the office of the re- corder of the county, who, having made a record thereof, shall file and preserve the same, and the other shall be forwarded by said clerk to the secretary of state. [S. & C, p. 1497, sec. 15.] Seo. 704. Annexation complete, etc. So soon as said transcripts shall be certified, delivered and forwarded, the annexation shall be deemed complete ; and it shall be lawful for the corporation to which the annexation has been made, to pass such ordinances as will carry into effect the terms thereof, so far as the same shall not be inconsistent with this act and with the regular and proper government of the corporation under the provisions thereof, and any part of such terms so inconsistent shall be deemed void ; but their nullity shall in no manner«iffect such annexation. [S. & C, p. 1498, sec. 16.] Sec. 705. One government, etc., for both corporations. When the annexation has been completed, the two former corporations shall thereafter be governed as one, embracing the territory of each ; and the inhabitants of all such territory shall have equal rights and privileges; but such annexation shall not affect, or in any wise impair any rights or liabilities existing at the time of the annexation, either in favor of or against said corporations; and suits founded upon such rights and liabilities may be commenced, and pending suits prosecuted and carried to final judgment and execution, the same as though such annexation had not taken place. [S. & C, p. 1497, sec. 16.] MtlNIOIPAL OORPOBATIONS. 217 CHAPTEE LYIII. SURRENDEE OP MUNICIPAL RIGHTS. Section Section 700. Surrender of municipal rights. 713. Certified transcripts to be made, etc. 707. Petition therefor. 714. Officers, etc., to continue until next 708. Notice, etc., of election. election. 709. What the ballots shall contain. 715. Villages may surrender in like manner. 710. Poll books and tally sheet. 716. Surrender not to affect accrued rights, 711. To be opened, etc., by council. 717. Disposition of taxes, etc., due at time of 712. Declaration ou affirmative vote . surrender. Sec. 706. Surrender of municipal rights. Any city of the sec- ond class may surrender its corporate rights and be reduced to the grade of an incorporated villages, in the following manner : [S. & C, p. 1549, sec. 180, and p. 1550, sec. 184.J Sec. 707. Petition therefor. A petition for such purpose signed by at least one hundred of the freehold electors of the corporation, shall be presented to the council, and it shall set forth that it is the desire of a majority of the citizens of the corporation to sur- render their corporate rights, and be reduced to the grade of an incorporated village, and it shall pray that an election be held to determine the sense of the legal voters upon the subject. [S. & C, p. 1549, sec. 180, and p. 1550, sec. 184.J Sec. 708. Notice, etc., of election. The council shall thereupon fix upon a day and place for holding such election, and shall cause the clerk of the corporation to give notice thereof and the object of such election, in one or more newspapers published, and by posters set up in five or more public places, within the corpora- tion, for the period of not less than twenty days next prior to the day of holding such election. [S. & C, p. 1549, sec. 180, and p. 1550, sec. 184.] Sec. 709. What the ballots shall contain. The ballots cast at said election shall contain the words ''for surrender" or " against surrender," and such election shall be held and conducted in the same manner and by the same officers as other elections in the corporation, and the laws of the state regulating elections shall govern the same so far as applicable. [S. & C, p. 1549, sec. 180, and p. 1550, sec. 185.] Sec. 710. Poll books and tally sheets. The officers holding such election'shall, upon the close of the polls and counting out the bal- lots, forthwith certify and cause to be delivered to the clerk of the corporation, in a sealed envelope having indorsed thereon the 218 THE LAWS OF nature of its contents, the poll book and tally sheets of such elec- tion. [S. & C, p. 1549, sec. 180, and p. 1550, sec. 186.] Sec. 711. To he opened, etc., by council. The clerk, upon re- ceiving such poll book, shall file and preserve the same in his office until the next regular meeting of the council, and the council at such meeting shall cause the said poll book to be opened and the result of such election to be entered on its journal. [S. & C, p. 1549, sec. 180, and p. 1550, sec. 186.] Sec. 712. Declaration on affirmative vote. If the majority of votes cast at said election shall be "for surrender," then the coun- cil shall, by resolution, declare in effect that, by the determina- tion of legal voters, at a special election held for such purpose, the corporate rights of such corporation are surrendered, and such city is reduced to the grade of an incorporated village, and shall thereafter be known as the incorporate village of . Sec. 713. Certified transcripts to be made, etc. The clerk shall thereupon cause two certified transcripts of said resolution to be made out, one of which he shall forthwith deliver to the recorder of the county, and which shall be by him recorded in the proper book of records in his office, and the other shall be, by said clerk, forwarded to the secretary of state. [S. & C, p. 1550, sec. 186.] Sec. 714. Officers, etc., to continue until next election. All the offi- cers elected or chosen as officers of such corporation, shall continue in office and perform their duties as though no such surrender had been made until the next regular election, -and until the offi- cers of the new corporation are elected and qualified, and the wards of such city corporation shall remain and the ordinances thereof shall continue in force, except so far as such ordinances may be inconsistent with the powers granted incorporated villages, until changed or repealed by the council of the new corporation. Sec. 715 [As amended, April 20, 1871, 68 L. 71.] Surrender of corporate rights of villages, etc.; proceedings thereon. Incorporated villages may surrender their corporate rights, or may be reduced to the grade of incorporated villages for special purposes, and in- corporated villages for special purposes may surrender their cor- porate rights in the same manner so far as applicable as provided in preceding sections in this chapter, for the surrender of corpo- rate rights by cities of the second class, and the duties of all offi- cers in respect thereto, and the proceedings thereafter, so fAr as applicable, shall be the same as prescribed in the preceding sec- ^This section differs ffom the section originally passed only in the addition of the words in italics. MUNICIPAL OOEPORATIONS. 219 tion. Where the petition is by the electors of an incorporated village for special purposes, it shall be sufficient if signed by fifty of such electors'; provided further, that on the petition of at least two-thirds of the freehold electors inhabiting any portion of the terri- tory of an incorporated village, setting forth a desire to surrender tKeir corporate rights and to be detached from said corporation, the same proceedings as provided in this chapter, as far as applicable, including a submission of the question to the legal voters of the incorporated village shall be had ; and provided further^ that on the reduction of the cor- porate limits, subsisting levies by the council shall be collected and paid into the village treasury for the purposes for which they were made, and that the council, for paying existing indebtedness, shall, until the same shall be paid, retain the power of levying taxes on the taxable property within the detached territory, as if the same were n(jt detached, and the provisions of sections 716 and 717 of this act shall govern in case of such reduction, so far as the same may be applicable. [S. & C, p. 1550, sec. 184.] Sec. 716. Surrender not to affect accrued rights. The surrender of corporate rights as herein provided, shall not be held to affect rights accrued or liabilities incurred by such corporations, or the power to settle claims, dispose of property, levy and collect taxes to discharge liabilities incurred, but the same shall remain in full force and effect, as also the corporate character of such city, or in- corporated village, or incorporated village for special purposes, in respect thereto, as though no such surrender had been made. [S. & C, p. 1550, sec. 187.] Sec. 717. Disposition of taxes, etc., due at time of surrender. All taxes which, at the time of such surrender, remain due and unpaid, and all moneys in the treasury of such city, incorpo- rated village, or incorporated village for special purposes, shall be collected and applied to the objects for which the same were raised; and in case any moneys shall remain on hand after the debts and liabilities of the corporation shall have been discharged, the same shall be paid into the treasury of the incorporated village, or in- corporated village for special purposes, or into the common school fund of the district embracing such corporation, as the case may be, and all property owned by the corporation, at the time of such surrender, by purchase or otherwise, shall become the property of the new corporation or of the school district, as the case may be, and the title thereto vest accordingly .' [S. & C, 1550, sec. 187.] ' When, upon the dissolution of a municipal corporation, a duty is imposed upon certain officers with reference to the property and debts, and no means 220 THE LAWS OP CHAPTEE LIX. DUTIES OF STATE OFFICERS AND RIGHT OF VISITATION. Section Section 718. Duty of state officers to ascertain grade of 722. Statement thereof to be submitted in cities, etc. bis annual report, 719, Secretary of state to cause publication 723, Declaration of advancement or rednc- thereof, tion of grade to be published, 720. Advance of grade to be submitted to vote. 724, Bight of visitation by governor, legls- 721, Papers to be preserved in office of secre- lature, etc. tary of state. Sec. 718. Duty of state officers to ascertain grade of cities, etc. It shall be the duty of the governor, auditor and secretary of state, or any two of them, at the time of ascertaining the ratio of repre- sentation, as required by the eleventh section of the eleventh arti- cle of the constitution of this state, to ascertain what cities of the second class are entitled to become cities of the first class, and what incorporated villages are entitled to become cities, and their proper class, and what incorporated villages for special purposes are entitled to become incorporated villages. [S. & C, p. 1508, sec. 42.] Sec. 719. Secretary of state to cause publication thereof , etc. The secretary of state shall cause a statement thereof to be prepared, which statement he shall cause to be published in some newspaper in Columbus, and also in some newspaper published in each of the cities, incorporated villages, and incorporated villages for special purposes, which shall contain the required population to be ad- vanced in grade, and a copy of said statement shall also be trans- mitted by the secretary of state to the general assembly, at its next session thereafter. Sec. 720. Advance of grade to he submitted to vote. So soon as the said statement has been published, the council of any corpora- tion which, according to such statement, shall have the required population to be advanced to a corporation of the next higher grade, shall have the power, at any time, by ordinance passed for such purpose, to submit to the voters of the corporation, the ques- tion whether such corporation shall be advanced to the grade of the next higher corporation ; and such election shall bo conducted and the proceedings thereafter had, in case the result of the-elec- prescribed for appointing successors, they can not escape from the performance of the duty hy resignation, but will he compelled to perform it by mandamus. [Qorgas v. Blackburn, 14 Ohio, 252.] MUNICIPAL COEPORATIONS. 221 tion be in favor of such advancement, in all respects, as provided in chapters three and four of this act. Sec. 721. Papers to be preserved in office of secretary of state. The secretary of state shall* neceive and preserve in his ofBce all papers transmitted to him in relation to the organization of incor- porated villages for special purposes, incorporated villages, and the annexation of territory to any city or incorporated village, and the consolidation or advancement or reduction in grade of municipal corporations. Sec. 722. Statement thereof to be submitted in Ms annual report. He shall also submit in his annual report to the general assembly a statement showing the names, location and limits of each incor- porated village for special purposes, and each incorporated village organized under this act during the period embraced in said re- port ; and also all incorporated villages and cities the limits of which have been increased and the limits so added, and the cor- porations which have been advanced or reduced in grade during the same period. [S. & C, p. 1498, sec. 17.] Sec. 723. Declaration of advancement or reduction of grade to be published. Whenever any incorporated village for special pur- poses has been advanced to the grade of an incorporated village, in the manner provided in chapter three, or any incorporated vil- lage has been advanced to the grade of a city of the second class, or any city of the second class has been advanced to the grade of a city of the first class, in the manner provided in chapter four, or any municipal corporation has been reduced to a corporation of a lower degree, the secretary of state, upon requisite evidence of the fact being filed in his office, shall cause a notice to be published in one of the newspapers of Columbus, declaring such municipal corporation has been advanced or reduced in grade as the case may be. Sec. 724. Might of visitation by governor, legislature, etc. The general assembly of Ohio by a committee, the governor of the state, the council of the corporation by a committee, the mayor or .police judge of the corporation, the judges of any of the courts of this state, and the grand jury of the county, may, at any time, visit and inspect any of the benevolent or correctional institutions established by any municipal corporation, and examine the books and accounts of the same. 222 THE LAWS OF CHAPTEE LX. ■bavinq op existing rights. Section Section 726. Existing rights, etc., not to bo changed by 728. Offlcersof corporations to continue dnr- this act. ing their terms, etc. 726. Powers and duties in relation to election 729. Ordinances, etc., to continue in force. of justices, etc., to remain until changed 730. Acts, courts, etc., not inconsistent with by law. this act, to remain until changed by 727. Vested powers in relation to benevolent proper authority. institutions, etc., to continue. Sec. 725. Existing rights, eta., not to be changed hy this act, etc. All rights and property, of every kind and description, which were vested in any municipal corporation under its former organi- zation, shall be deemed and held to be vested in the same munici- pal corporation under the organization made by this act; and no rights or liabilities, either in favor of or against such corporation, existing at the time of the taking effect of this act, and no suit or prosecution of any kind, shall be in any manner affected by such change, but the same shall stand or progress as if no such change had been made; provided, that where a different remedy is given in this act, which can be made applicable to any rights existing at the time of its passage, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly. [S. & C, p. 1526, sec. 102.] Sec. 726. Powers and duties in relation to election of justices, etc., to remain until changed hy law. Any municipal corporation which, under its former organization, held or exercised any power or duty, in ordering or directing the election of justices of the peace, con- stables, or other township officers, shall continue to hold and exer- cise such power and duty until otherwise provided by law. [S. k C, p. 1526, sec. 103.] Sec. 727. Vested powers in relation to benevolent institutions, etc., to continue. Any municipal corporation in which, under its former organization, any law or charter, regulating any literary, charit- able or benevolent institution, vests any power appointing officers of supervision or control, shall continue to hold and possess the like power and authority in every respect. [S. & C, p. 1526, sec. 104.] Sec. 728. Officers of corporations to continue during their terms, etc. The mayor, trustees, marshal, treasurer, and all officers MtTNIOIPAL CORPORATIONS. 223 elected by the people, or appointed by any municipal corporation, and all officers of benevolent and other institutions, now in office, shall remain and continue in their respective offices, and perform the several duties thereof, under the provisions of this act, until the time shall expire for which they shall have been elected or appointed, and until their successors shall be chosen or appointed and qualified;^ but all such officers shall be subject to such rules and regulations touching their duties and compensation, as the proper authority of any municipal corporation may provide. [S. & C, p. 1526, sec. 105.] Sec. 729. Ordinances, etc., to continue in force. All laws, ordinances and resolutions heretofore lawfully passed and adopted by the trustees or council, shall be, remain, and continue in force, until altered or repealed by the trustees or council established by this act.'' [S. & C, p. 1526, sec. 105.] ^ This section did not continue the oflSee of any officer, unless the act provided an officer who might be regarded as his successor, and therefore, when by the municipal corporation act of 1852, there were three city commissioners in charge of the streets, while by the act of 1869 there was but one street com- missioner, and the act creating the office of the three city commissioners was repealed, their office was abolished. [McHugh v. Cincinnati, 1 Cincinnati Superior Court Keporter, 145 ; leave to file petition in error was refused by the court in bank.] When the act of 1869 created a new office, if the city council had power to order a special election upon its taking eflFect, they had power to provide that the officer elected at such special election should hold only until the next annual election of municipal officers, and the officer elected at such next annual elec- tion will be entitled to his seat. \_State of Ohio, ex rel. Chambers, v. Cook, 20 Ohio St.] ^ A similar section was construed in Colter v. Doty. The city council passed an ordinance forbidding the carrying of gunpowder through the streets, except under certain conditions, and enforced it by a forfeiture of the gunpowder. At the time the ordinance was passed the council had no power to create a for- feiture, but power was subsequently given to them, and the act giving the power also contained a clause like this. Hitchcock, J., says (p. 398) : " By the twenty-fourth section of this act, all laws, ordinances and resolutions hereto- fore lawfully passed and adopted by the city council of said city," are contin- ued in force until repealed. Now, although at the time the property in con- troversy was seized, the city council possessed this power, inasmuch as the defendant acted under an ordinance made at a time when they did not pos- sess it, it will not avail him in his defense. [^Colter v. Doty, 5 Ohio, 394.] But where, under a special law of 1850, the city had a right to assess only per front foot, and it passed in the same year a general ordinance regulating all assessments, and directing them to be made per front foot, held that under section 109 of the act of 1852, which was similar to this, the ordinance of 1850 was still in force; that a principal object of the saving clause was to avoid 224 THE LAWS OF Sec. 730. Acts, courts, etc., not inconsistent with this act to re- main until changed by proper authority. All special acts in rela- tion to any municipal corporation shall, so far as the same affects the particular police regulations, or local affairs of any municipal corporation, in matters not inconsistent with this act, be and re- main in force as by-laws and ordinances of the particular munici- pal corporation, until altered or repealed by the proper authority thereof. The police courts and mayor's courts heretofore created and established, are hereby continued, with the powers and juris- dictions conferred by this act.' [S. & C, p. 1526, sec. 105.] ^ CHAPTER LXI. ACTS REPEALED. Section Section 731. List of acts repealed. 732. When this act to take effect. Sec. 731. Acts repealed. The following acts and parts of acts are hereby repealed : An act to provide for the organization of cities and incorporated villages, passed May 3, 1852. [S. & C, p. 1493.] An act to amend an act entitled " an act to provide for the or- ganization of cities and incorporated villages, passed May 3, 1852," passed March 30, 1859. [O. L., vol. 56, p. 88 ; S. & C, p. 1499.] An act to amend "an act to provide for the organization erf cities and incorporated villages, passed May 3, 1852, and supple- mentary and amendatory to ' an act to provide for the organiza- tion of cities and incorporated villages, passed March 11, a. d. 1853,' " passed April 28, 1854. [O. L., vol. 52, p. 61 ; S.&C.,p. 1536.] An act to amend an act entitled " an act to provide for the or- ganization of cities and incorporated villages, passed May 3, 1852," passed March 6, 1857. [O. L., vol. 54, p. 22 ; S. & C, p. 1500.] the necessity of re-enacting laws and ordinances which were already satisfac- tory, and such as might lawfully be re-adopted under the act of 1852. [iJey- nolds V. Hammond, Superior Court of Cinoinuati, General Term, MS. ; Han- bold V. Barton, Hamilton District Court, White, J., delivering the opinion.] * The temporary continuance given to special acts governing municipal cor- porations, by section 109 of the municipal corporation act of 1852, did not keep alive a provision in the original charter of Zanesville, which prescribed a mode of taxation of lands for municipal purposes inconsistent with the rule laid down in the constitution. [Zanesville y. Richards, 5 Ohio St. S89.] MUNICIPAL CORPORATIONS. 225 An act to amend an act entitled " an act to amend an act enti- tled 'an act to provide for the organization of cities and incorpo- rated villages,' passed March 11, 1853," passed April 12, 1858. [O. L., vol. 55, p. 146; S. & C, p. 1501.] An act supplementary to the act entitled " an act to provide for the organization of cities and incorporated villages, passed May 3, 1852,"'pa8sed April 17, 1857. [0. L., vl. 54, p. 205; S. & C, p. 1544.] An act supplementary to an act entitled "an act to provide for the organization of cities and incorporated villages, passed May 3, 1852," passed April 5, 1856. [0. L., vol. 53, p. 64; S. & C, pp. 1507, 1515, 1516.] An act to amend an act entitled "an act to amend an act enti- tled an act to provide for the organization of cities and incorpo- rated villages, passed March 11, 1853," passed March 25, 1854. [0. L., vol. 52, p. 29; S. & C, p. 1508.] An act to amend the forty-fourth section of an act entitled " an act to provide for the organization of cities and incorporated villages, passed May 3, 1852," passed April 2, 1859. [O. L., vol. 56, p. 113; S. &C., p. 1509.] An act to amend an act entitled "an act to provide for the or- ganization of cities and incorporated villages," passed March 11, 1853. [O. L., vol. 51, p. 360 ; S. & C, p. 1527.] An act supplementary to the "act to provide for the organiza- tion of cities and incorporated villages, passed May 3, 1852," passed March 12, 1853. [0. L., vol. 51, p. 376 ; S. & 0., p. 1535.] An act to amend section fifty-four of the act entitled "an act to provide for the organization of cities and incorporated villages, passed May 3, 1852," passed March 4, 1859. [0. L., vol. 56, p. 35 j S.»& C, p. 1511.J An act to amend an act entitled " an act to provide for the or- ganization of cities and incorporated villages, passed May 3, 1852," passed May 1, 1854. [O. L., vol. 52, p. 125 ; S. & C, p. 1513.] An act amendatory to an act entitled " an act to provide for thd' organization of cities and incorporated villages, passed May 3, 1852," passed March 18, 1859. [O. L., vol. 56, p. 57; S. & C, p. 1514.] An act to amend the seventy-first section of the act entitled " an act to provide for the organization of cities and incorporated villages, passed March 1, 1852," passed April 17, 1854. [O. L., vol.. 52, p. 47; S.&C, p. 1517.] An act to amend the sixty-first and seventy-seventh sections of the act entitled " an act to provide for the organization of cities 226 THE LAWS OP and incorporated villages. And the thirteenth section of an act entitled an act to provide for the organization of cities and incor- porated villages, passed March 11, 1853," passed April 29, 1854. [O. L., vol. 52, p. 74; S. & C, pp. 1513, 1518, 1531.] An act supplementary to an act entitled " an act to provide for the organization of cities and incorporated villages, passsed May 3, 1852," passed April 8, 1856. [O. L., vol. 53, p. 185 ; S. & C, p. 1544.] An act to amend an act entitled " an act to provide for the or- ganization of cities and incorporated villages, passed May 3, 1852, and the several acts amendatory thereof and supplementary to said acts," passed April 5, 1856. [O. L., vol. 53, p. 57 ; S. & C, pp. 1527, 1542.] An act to amend an act entitled " an act to provide for the or- ganization of cities and incorporated villages, passed May 3, 1852, and the act amendatory thereto, passed March 11, 1853," passed May 1, 1854. [0. L., vol. 52, p. 79 ; S. & C, p. 1538.] An act to amend section six of an act to amend the act entitled "an act to provide for the organization of cities and incorporated villages, passed March 11, 1853," passed March 28, 1859. [0. L., vol. 56, p. 79; S. & C, p. 1528.] An act to amend the eighth section of an act entitled " an act to amend the act entitled an act to provide for the organization of cities and incorporated villages," passed March 5, 1856. [0. L., vol, 53, p. 20; S. &C., p. 1529.] An act to amend the act entitled " an act to amend the act enti- tled an act to provide for the organization of cities and incorporated villages, passed March 11, 1853, and supplementary to the same," passed March 30, 1857. [0. L., vol. 54, p. 73 ; S. & C, p. 1549.] An act to amend an act entitled " an act to provide for the«or- ganization of cities and incorporated villages, and the act amend- atory thereto, passed March 11, 1853," passed April 29, 1854. [0. L., vol. 52, p. 68; S. & C, pp. 1531, 1532.] An act to amend the act entitled " an act to provide for the or- ganization of cities and incorporated villages, and the act amend- atory thereto, passed March 11, 1853," passed April 8, 1856. [0. L., vol 53, p. 110 ; S. & C, p. 1533.] An act supplementary to the act " to provide for the organiza- tion of cities and incorporated villages, passed May 3, 1852," passed March 12, 1853. [S. & C, p. 1535.] An act providing for the certifying of certain elections, passed April 3, 1837. [S. & C, p. 1536.] An act supplementary to an act entitled " an act to amend an MUNIOIPAt, CORPORATIONS. 227 act to provide for the organization of cities and incorporated vil- lages, passed March 11, 1853," passed April 6, 1854. [S. & C, p. 1537.] An act to regulate the making of cellars, excavations and foun- dations, passed April 28, 1854. [S. & C, p. 1538.] An act supplementary to the act entitled " an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, and 'an act to amend an act entitled an act to provide for the organization of cities and incorporated villages,' passed March 11, 1853," passed May 1, 1854. [S. & C, p. 1539.] An act supplementary to " an act to provide for the organiza- tion of cities and incorporated villages," passed May 1, 1854. [S. & C, p. 1540.] An act to amend an act entitled " an act to provide for the or- ganization of cities and incorporated villages, passed May 3, 1852, and the several acts amendatory thereof and supplementary to said acts," passed April 5, 1856. [S. & C, p. 1542.] An act to amend a certain act therein named, passed April 8, 1856. [S. & C, p. 1543.] An act supplementary to an act entitled " an act supplementary to an act entitled ' an act to provide for the organization of cities and incorporated villages,' passed May 3, 1852," and the acts amendatory thereof and supplementary thereto, passed May 1, 1857. [S. & C, p. 1549.] An act supplementary to an act entitled " an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, and the acts amendatory thereof and supplementary thereto, passed March 10, 1856. [S. & C, p. 1550.] An act to amend "an act to provide for the organization of cities and incorporated villages," passed May 2, 1852, passed April 12, 1858. [S. & C, p. 1550.] An act amendatory and supplementary to an act passed April 5, 1856, entitled " an act to amend an act entitled an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, and the several acts amendatory thereof and supplementary to said acts, passed April 12, 1858. [S. & C, p. 1551.] An act supplementary to an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed February 23, 1858. [S. & C, p. 1552.] An act to authorize incorporated villages to take the enumera- tion of their inhabitants for the purpose of becoming cities of the second class, passed April 5, 1856; [S. & C, p. 1553.] An act supplementary to an act entitled "an act defining the 228 THE LAWS 01" j.urisdietion and regulating the practice of probate conrts," passed April 3, 1856. [S. & C, p. 1553.] An act supplementary to an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed February 28, 1859. [S. & C, p. 1553.] An act to provide for the appointment of police commissioners in cities of the first class, having a population exceeding eighty thousand inhabitants, and supplementary to an act entitled "an act to provide for the organization of cities and incorporated vil- lages," passed May 3, 1852, and the other acts supplementary and amendatory thereto, passed March 14, 1859. [S. & C, p. 1556.] An act relating to cities of the first class, having a population exceeding eighty thousand inhabitants, passed March 5, 1860. [S. &C., p. 1557.] An act supplementary to the act entitled "an act to provide for the organization of cities and incorporated villages," passed March 11, 1853, passed March 7, 1860. [S. & C, p. 1562.] An act to enable townships and incorporated villages to estab- lish cemeteries common to both, passed March 17, 1860. [S. & C, p. 1563.] An act authorizing city councils in cities of the first class, hav- ing a population less than eighty thousand and more than thirty- five thousand, to appoint inspectors of provisions and other ar- ticles, passed April 4, 1859. [S. & C, p. 731.] An act to amend an act entitled " an act to provide for the or- ganization of cities and incorporated villages," passed May 3, 1852, passed April 16, 1867. [S. & S., p. 791.] An act to amend section twenty -one of "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed May 5, 1868. [S. & S., p. 791 ] An act to amend the forty-seventh section of the act entitled " an act to provide for the organization of cities and incorporated villages," passed March 12, 1862. [S. & S., p. 792.] An act to amend an act entitled "an act to provide for the or- ganization of cities and incorporated villages," passed May 3, 1852, passed February 5, 1861. [S. & S., p. 792.] An act to amend section fifty of an act entitled "an act to pro- vide for the organization of cities and incorporated villages," passed May 3, 1852, and to authorize the council of incorporated villages to levy a tax for police purposes, passed February 21, 1867. [S. & S., p. 793.] An act to further amend the sixty-first section of the act en- titled " an act to provide for the organization of cities and incor- MUNICIPAL CORPORATIONS. 229 porated villages," passed May 3, 1852, and amended by an act passed April 29, 1854, passed February 9, 1863. [S. & S., p. 793.] An act to amend section sixty-nine of an act entitled "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, as amended March 25, 1862, and to repeal sec- tion one of the last-named act ; also further to define the duties of county treasurers, passed April 29, 1862. [S. & S., p. 794.] An act to amend section six (6) of " an act to amend section sixty-nine (69) of an act entitled ' an act to provide for the organi- zation of cities and incorporated villages,' passed May 3, 1852, as amended March 25, 1862, and to repeal section one of the last named act; also, further to define the duties of county treasurers, passed April 29, 1862," passed May 13, 1868. [S. & S., p. 795.] An act supplementary to an act entitled " an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed April 10, 1867. [3. & S., p. 796.] An act to amend section ninety -one of the act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed March 28, 1861. [S. & S., p. 796.] An act to amend section number one hundred and two of the act entitled " an act to provide for the organization of cities and in-i corporated villages," passed May 3, 1852, passed April 18, 1862. [S. & S., p. 797.] An act to amend section eighty-three of an act entitled " an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed April 29, 1862. [S. & S., p. 797.] An act to amend section eighty-four of " an act to provide for the incorporation [organization] of cities and incorporated vil- lages," passed May 3, 1852, passed April 10, 1867. [S. & S., p. 798.] An act to amend an act passed April 28, 1854, entitled " an act to amend section twenty -five of an act to provide for the organiza- tion of cities and incorporated villages," passed May 3, 1852, paseedr April 16, 1867. [S. & S., p. 799.] An act to amend an act entitled " an act to enable justices of the peace to discharge the duties of police judges in certain cases," passed February 21, 1862, passed April 17, 1867. [S. & S., p. 800.] An act to amend an act therein named, passed March 21, 1861. [S. & S., p. 800.] An act relating to cities of the first class having a population less than eighty thousand, passed March 1, 1861. [S. & S., p. 801.] An act to amend an act entitled an act relating to cities of the 230 THE LAWS OF first class having a population less than eighty thousand, passed March 1, 1861, passed May 3, 1861. [S. & S., p. 802.] An act to amend section one of an act entitled "an act supple- mentary to an act to provide for the organization of cities and in- corporated villages, passed April 12, 1865, passed April 3, 1867. [S. & S., p. 802.] An act to amend an act entitled " an act to amend section four of an act entitled an act supplementary to an act entitled an act to provide for the organization of cities and incorporated villages," passed April 13, 1865, passed February 21, 1866. [S. & S., p. 803.] An act to amend an act entitled " an act supplementary to an act entitled 'an act to provide for the organization of cities and incorporated villages,'" passed March 29, 1859, as amended by an act passed March 25, 1864, passed March 23, 1866. [S. & S., p. 806.] An act to amend section six of an act passed March 14, 1859, en- titled " an act to provide for the appointment of police commis- sioners in Cities of the first class having a population exceeding eighty thousand inhabitants," and supplementary to an act enti- tled " an act to provide for the organization of cities and incorpo- rated villages," passed May 3, 1852, and the other acts supple- 'mentary and amendatory thereto, and further amended February 17, 1864, passed March 9, 1866. [S. & S., p. 807.] An act to license and regulate pawnbrokers in cities of the first and second class, passed March 13, 1863. [S. & S., p. 821.] An act to authorize the city councils to appoint inspectors of beef cattle, sheep, hogs, poultry, game, milk, milk cows, fresh meat and fresh fish, passed March 11, 1867. [S. & S., p. 822.] An act supplementary to the act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed April 10, 1861. [S. & S., p. 823.] An act supplementary to the act passed May 3, 1852, to provide for the organization of cities and incorporated villages, passed "April 10, 1861. [S. & S., p. 823.] An act supplementary to "an act supplementary to the act passed May 3, 1852, to provide for the organization of cities and incor- porated villages," passed April 10, 1861, passed March 30, 1864. [S. & S., p. 824.] An act to amend section one of " an act supplemental to an act passed May 3, 1852, to provide for the organization of cities and incorporated villages," passed March 31, 1864, passed April 12, 1865. [S. & S., p. 824.] An act supplementary to an act passed May 3, 1852, to provide MUNICIPAL CORPORATIONS. 231 for the organization of cities and incorporated villages,'' passed March 31, 1864. [S. & S., p. 825.] An act to amend an act entitled Van act to amend an act en- titled 'an act to provide for the organization of cities and incor- porated villages,' passed May 3, 1852, and the several acts amend- atory thereof and supplementary to said act," passed April 5, 1856, passed April 3, 1863. [S. & S., p. 826.] An act to regulate the meetings of councils in cities of the first class, exceeding eighty thousand inhabitants, and to repeal sec- tions 1, 12, 14 and 17 of an act passed March 3, 1860, entitled " an act relating to cities of the first class, having a population exceed- ing eighty thousand inhabitants," passed April 4, 1862. [S. & S., p. 827.] An act to regulate meetings of councils in cities of the first class, having a population exceeding one hundred thousand inhabitants, and to repeal section two of an act passed April 4, 1862, entitled " an act relating to cities of the first class having a population exceeding eighty thousand inhabitants," passed May 5, 1868. [S. & S., p. 827.] An act to create a board of health in any city, and to prevent the spread of diseases therein, passed March 29, 1867. [S. & S., p. 828.] An act supplementary to an act entitled "an act to create a board of health in any city to prevent the spread of disease therein," passed March 29, 1867, passed April 13, 1867. [S. & S., p. 831. An act to arrest the social evil in cities of the first class having over one hundred thousand inhabitants, passed April 16, 1867. [S. & S., p. 831] An act defining the duties and powers of the board of city im- provements, passed April 27, 1868. [S. & S., p. 831.] An act supplementary to the act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed April 3, 1867: [S. & S., p. 832.] , An act supplementary and amendatory to an act passed April 5, 1856, entitled " an act to amend an act entitled ' an act to pro- vide for the organization of cities and incorporated villages,' passed May 3, 1852," and the several acts amendatory thereof, and sup- plementary to said acts, passed March 31, 1864. [S. & S., p. 833.] An act supplementary to the act entitled "an act amendatory and supplementary to an act passed April 5, 1856, entitled 'an act to provide for the organization of cities and incorporated villages,' " passed May 3, 1852, and the several acts amendatory thereof and 232 THE LAWS OF supplementary to said acts, passed March 31, 1864, passed March 20, 1866. [S. & S., p. 834.] An act supplementary to an act entitled an act to provide for the organization of cities and incorporated villages, passed April 8, 1856, passed April 5, 1866. [S. & S., p. 834.] An act to limit the lien of assessments made by municipal cor- poi-ations to defray the expenses of improvements, passed March 29, 1867. [S. & S., p. 837.] An act supplementary to an act entitled " an act supplementary to ' an act to provide for the organization of cities and incorporated villages,' " passed April 5, 1866, passed May 15, 1868. [S. & S., p. 838.] An act supplementary to an act entitled "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed April 16, 1867. [S. & S., p. 838.] An act supplementary to an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed March 16, 1865. [S. & S., p. 838.] An act to amend an act passed March 16, 1865, entitled " an act supplementary to an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed February 15, 1867. [S. & S., p. 839.] An act supplementary to the act to provide for the organization of cities and incorporated villages, passed May 3, 1852, and to re- peal a certain act therein named, passed April 16, 1867. [S. & S., p. 839.] , An act supplementary to the act to provide for the creation and regulation of incorporated companies in the state of Ohio, passed May 1, 1852, passed April 6, 1866. [S. & S., p. 841.] An act to protect the interest of turnpikes and plank roads, passed May 1, 1861. [S. & S., p. 841.] An act to authorize the town councils of certain incorporated villages to improve certain highways, passed April 16, 1867. [S. &S.,p.841.] An act supplementary to an act entitled "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed May 13, 1868. [S. & S., p. 842.] An act supplementary to " an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, and to regulate and establish the grade of wharves and landing places in cities containing a population exceeding eighty thousand inhab- itants, passed January 30, 1863. [S & S., p. 842.] MUNICIPAL CORPORATIONS. 233 An act to authorize certain cities to appropriate land for levees, passed April 10, 1867. [S. & S., p. 843.] An act to authorize certain cities to issue bonds for the purpose of protecting themselves from floods, passed February 27, 1867. [S. & S., p. 843.] Aq act supplementary to an act entitled an act to amend an act entitled an act to provide for the organization of cities and in- corporated villages, passed March 11, 1853, and the act amenda- tory thereof, passed April 29, 1854, passed February 19, 1866. [S- & S., p. 844.] An act supplementary to an act entitled " an ^ct to amend an act entitled an act to provide for the organization of cities and in- corporated villages," and the act amendatory thereto, passed March 11, 1853, passed April 29, 1854, passed March 28, 1864. [S. & S., p. 845.] An act to amend an act supplementary to an act entitled " an act to amend an act entitled an act to provide for the organization of cities and incorporated villages," passed March 28, 1864, passed March 29, 1866. [S. & S., p. 846.] An act supplemental to an act entitled an act amendatory aod supplemental to an act passed April 5, 1856, entitled an act to amend an act entitled an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, and the several acts amendatory thereof and supplemental to said acts, passed April 12, 1858, passed April 4, 1861. [S. & S., p. 846.] An act to amend the first, second, third and fourth sections of an act entitled "an act supplementary to an act relating to cities of the first class having a population exceeding eighty thousand inhabitants," passed March 5, 1860, passed March 14, 1864. [S. & S., p. 847.] An act supplementary to an act relating to cities of the first class having a population exceeding eighty thousand inhabitants, passed March 5, 1860, passed April 12, 1861. [S. & S., p. 849.] An act to authorize the construction of sewers in cities of the second class having over thirteen thousand inhabitants at the last federal census, passed February 9, 1863. [S. & S., p. 850.] An act to amend "an act to authorize the construction of sewers in cities of the second class having over thirteen thousand inhabit- ants at the last federal census," passed February 9, 1863, passed March 23, 1864. [S. & S., p. 851.] An act to extend the provisions of an act passed March 23, 1864, providing for the construction of sewers to all cities of the second class and incorporated villages containing not less than two 234 THE LAWS OF thousand inbabitanta, passed April 12, 1861 [March 9, 1866]. [S. & S., p. 852,] An act to extend an act therein named to cities of the first class which have been advanced to the grade of cities of the first class since 1860, and to further regulate the construction of sewers in said cities, passed April 21, 1868. [S. & S., p. 853.] An act to amend section one of the act entitled "an act sup- plementary to an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, and the amendment passed March 11, 1853, and a supplementary act passed April 8, 1856, and supplementary to the act passed April 12, 1858, passed March 11, 1863, passed March 25, 1864. [S. & S., p. 854.] An act supplementary to an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, and the amendment passed March 11, 1853, and a supplementary act passed April 8, 1856, and supplementary to the act passed April 12, 1858, passed March 11, 1863. [S. & S., p. 854.] An act supplementary " to an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, and the amendment passed March 11, 1853, and a supplementary act passed April 8, 1856, and supplementary to the act passed April 12, 1858, and supplementary to the act passed March 11, 1863, and the act passed March 25, 1864, passed April 11, 1865. [S. & S., p. 856.] An act to authorize cities of the first class having a population of over one hundred thousand inhabitants to levy a tax for sewer- age purposes, passed April 2, 1866. [S. & S., p. 857.] An act supplementary to " an act to provide for the organiza- tion of cities and incorporated villages," passed May 3, 1852, (S. & C, see. 26, p. 1491), and the amendment passed March 11, 1854, [1853] (S. & G. 1527), and a supplementary act passed April 8 [5th], 1856 (S. & 0. 1542), and supplementary to the act passed April 12, 1858, (55 v. Stat. 70) and supplementary to the act passed March 11, 1863, (60 v. Stat. 14) and supplementary to the act passed March 25, 1864, (61 v. Stat. 64) and the act passed April 11, 1865, (62 V. Stat. 117; Swan's E. S. 855, 979) passed April 5, 1856. [S. & S., p. 857.] An act to authorize certain cities of the first class to issue bonds to complete Bggleston avenue sewer, and to levy a tax to pay the same, passed April 13, 1868. [S. & S., p. 860.] An act to amend section one of "an act to authorize certain cities of the first class to issue bonds to complete 'Eggleston MITNICIPAL CORPORATIONS. 235 avenue sewer,' and to levy a lax to pay the same," passed April 13, 1868, passed May 14, 1868. [S. & S., p. 860.] An act to authorize the cities of the first class having a popula- tion of over one hundred thousand inhabitants to levy a tax for sewerage purposes, passed February 21, 1867. [S. & S., p. 860.] An act supplementary to the act entitled " an act to amend an act to authorize the construction of sewers in cities of the second class having over thirteen thousand inhabitants at the last federal census," passed February 9, 1863; passed March 23, 1864, passed April 16, 1867. [S. & S., p. 861.] An act supplementary to "an act to provide for the organiza- tion of cities and incorporated villages," passed May 3, 1852, (S. & C, p. 1491, sec. 26) and the amendment passed March 11, 1854, [1853] (S. & C. 1527), and a supplementarj' act passed April 8, [5] 1856, (S. & 0. 1542) and supplementary to the act passed April 12, 1858, (55 V. Stat. 70) and supplementary to the act passed March 11, 1863, (60 V. Stat. 14) and supplementary to the act passed March 25, 1864, (61 v. Stat. 64) and the act passed April 11, 1865, (62 V. Stat. 117); and supplementary to the act passed April 5, 1866, (63 V. Stat. 144, Swan's E. S. 855, 979.) Passed January 26, 1867. [S. & S., p. 862.] An act supplementary to an act entitled " an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed April 11, 1867. [S. & S., p. 863.] An act to authorize the council of incorporated villages to levy a tax for sewerage purposes, passed April 13, 1867. [S. & S., p. 863.] An act to authorize the councils of incorporated villages of over two thousand inhabitants to locate and construct local sewers, passed April 3, 1867. [S. & S., p. 863.] An act to authorize city councils of cities of the second class to borrow money and issue bonds for the enlargement and improve- ment of water works, passed March 11, 1867. [S. & S., p. 864.] An act supplementary to " an act to authorize city councils of cities of the second class to borrow money and issue bonds for the enlargement and improvement of water works, passed March 11, 1867," passed February 15, 1868. [S. & S., p. 865.] An act to authorize city councils of cities of the first class, hav- ing a population of over one hundred thousand inhabitants, to issue bonds for water-works purposes, passed April 3, 1868. [S. & S., p. 866.] An act to authorize cities to extend the water works beyond the city limits, passed April 6, 1865. [S. & S., p. 866.] 236 THE LAWS OF An act supplementary to " an act to provide for the organiza- tion of cities and incorpoi-ated villages," passed May 3, 1852, passed March 25, 1863. [S. & S., p. 867.] An act supplementary to the act entitled " an act to provide for the organization of cities and incorporated villages," passed May 3, 1862, passed March 7, [9] 1866. [S. & S., p. 868.] An act to authorize the establishment of houses of correction, and the confinement of convicted persons therein, passed April 23, [13] 1867. [S. & S., p. 869.] An act supplementary to an act entitled " an act supplemen- tary to the act entitled 'an act to provide for the organization of cities and incorporated villages,' passed May 3, 1852;" passed May 9, 1866, passed April 11, 1868. [S. & S., p. 872.] An act to provide for the appointment of cemetery directors, passed March 8, 1865. [S. & S., p. 872.] An act to authorize town councils of incorporated villages to appropriate lands for cemetery purposes, passed April 8, 1865. [S. & S., p. 874.] An act to amend sections one and two of an act supplementary to the act entitled " an act to provide for the organization of cities and incorporated villages, as amended March 7, 1860," passed March 29, 1867. [S. & S., p. 874.] An act for the protection of certain graveyards and burial grounds, passed April 3, 1867. [S. & S., p. 876.] An act to enable certain villages to levy a certain tax for ceme- tery purposes, passed April''16, 1867. [S. & S., p. 877.] An act to authorize cities of the second class, and the townships in which the same may be situated, to unite in the purchase and improvement of land for cemetery purposes, passed March 20, 1868. [S. & S., p. 877.] An act supplementary to an act entitled " an act to provide for the organization of cities and incorporated villages," passed March 11, 1853, and the acts amendatory thereof and supplementary thereto, passed April 3, 1868. [S. & S., p. 879.] An act authorizing trustees of cemetery associations to sell and transfer by deed of trust such lands as they hold in trust, to town- ship trustees and the council of incorporated villages, passed May 16,1868. [S. & S., p. 880.] An act to amend section four (4) of an act entitled " an act to enable townships and incorporated villages to establish cemeteries common to both," passed and took effect March 17, 1860, passed May 16, 1868. [S. & S., p. 880.] MUNICIPAL CORPORATIONS. 237 An act to authorize certain cities therein named to borrow money for fire purposes, passed April 8, 1868. [S. & S., p. 881.J An act to amend section one of an act passed April 9, 1863, en- titled an act supplementary to the "act to provide for the organ- ization of cities and incorporated villages," passed May 3, 1852, passed March 25, 1864. [S. & S., p. 882.] An act supplementary to the " act to provide for the organiza- tion of cities and incorporated villages," passed May 3, 1852, passed April 9, 1863. [S. & S., p. 882.] An act supplementary to the act entitled "an act prescribing the rates of taxation for state, county, township, city and other purposes," passed April 30, 1862, passed April 16, 1867. [S. & S., p. 882.] An act to amend a certain act therein named in relation to the purchase of steam or other fire engines, by incorporated villages, passed February 25, 1867. [S. & S., p. 883.] An act to authorize incorporated villages in this state to borrow money and levy taxes for the purpose of purchasing fire engines and to build engine houses, passed April 11, 1865. [S. & S., p. 883.] An act to provide for the erection of a hospital in cities of first class having a population of over one hundred thousand inhab- itants, passed April 6, 1866. [S & S., p. 884.] An act to amend section seven of an act entitled an act to pro- vide for the erection of a hospital in cities of the first class having a population of over one hundred thousand inhabitants, passed April 13, 1867. [S. & S., p. 886.] An act supplementary to the " act to provide for the organiza- tion of cities and incorporated villages," passed May 3, 1852, passed April 9,-1868. [S. & S., p. 886.] An act supplementary to an act entitled " an act to provide for the erection of a hospital in cities of the first class having a popu- lation of over one hundred thousand inhabitants," passed April 6, 1866, passed May 5, 1868. [S. & S., p. 886.] An act to authorize city councils of cities of the second class having a population of sixteen thousand and upward at the last federal census, to borrow money and issue bonds for the purpose of purchasing ground and erecting a building thereon, for a city hall, and other purposes, passed March 30, 1868. [S. & S., p. 887.] An act to amend an act entitled " an act to provide for the organ- ization of cities and incorporated villages," passed May 3, 1852, passed April 12, 1865. [S. &• S., p. 888.] An act in relation to city parks, and to repeal an act therein named, passed May 8, 1868. [S. & S., p. 888.] 238 THE LAWS OP An act to authorize cities of the second class therein named to impose a tax for bridge purposes, passed April 5, 1866. [S. & S., p. 889.] An act to extend the provisions of an act passed April 6, 1866, entitled "an act to authorize cities of the second class therein named to impose a tax for bridge purposes " (63 v. Stat. 120) to cities of the first class raised to that grade between decennial periods, passed April 13, 1867. [S. & S., p. 889.] An act supplementary to the act entitled " an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed March 9, 1866. [S. & S., p. 890.] An act authorizing cities of the second class to create new wards, and define the boundaries thereof, in certain cases, passed March 21, 1863. [S. & S., p. 891.] An act supplementary to an act entitled "an act authorizing cities of the second class to create new wards and define the boundaries thereof in certain cases," passed March 21, 1863, passed March 19, 1868. [S. & S., p. 891.] An act supplementary to the act entitled " an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed February 15, 1867. [S. & S., p. 892.] An act to re-enact and amend " an act supplementary to the act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed April 14, 1868. [S. & S., p. 892.] An act to provide for the organization, as cities of the first class, of such cities as may have been advanced to the grade of cities of the first class between decennial periods and prior to May, 1867 ; and also supplementary to the act passed May 3, 1852, entitled "an act to provide for the organization of cities and incorporated villages," and to the several acts supplementary thereto and amendatory thereof, now in force ; also further to define the duties of county treasurers, passed March 14, 1867. [S. & S., p. 893.] An act to amend section seven of an act entitled " an act to pro- vide for the organization, as cities of the first class, of such cities as may have been advanced to the grades of cities of the first class, between decennial periods, and prior to May, 1867 ;" and also sup- plementary to the act passed May 3, 1852, entitled " an act to pro- vide for the organization of cities and incorporated villages," and to the several acts supplementary thereto and amendatory thereof, now in force; also, further to define the duties of county treasur- ers, passed April 16, 1868. [S. & S.; p. 895.J An act supplementary to the "act to provide for the organiza- MUNICIPAL CORPORATIONS. 239 tion of cities and incorporated villages," passed May 3, 1852, passed February 3, 1864, May 5, 1868. [S. & S., p. 895.] An act supplementary to the " act to provide for the organiza- tion of cities and incorporated villages," passed May 3, 1852, passed May 5, 1868, February 3, 1864. [S. & S., p. 896.] An act supplementary to an "act to provide for the organization of cities and incorporated villages," passed May 3, 1852, passed March 28, 1864. [S. & S., p. 896.] An act to amend the first section of the act " to authorize cities of the second class to fund their floating debt," passed February 24, 1868 [1865]. [S. & S., p. 897.]' An act to authorize cities of the first class having a population of less than one hundred thousand, to fund their floating indebted- ness, passed March 31, 1864. [S. & S., p. 898.] An act to authorize cities of the first class having a population of less than one hundred thousand, to fund their floating indebt- edness, passed April 13, 1867-. [S. & S., p. 898.] An act to enable certain cities to borrow money and levy a tax to pay the same, passed April 11, 1867. [S. & S., p. 899.] An act to. authorize certain cities of the second class to levy taxes to aid in the erection of court houses, passed April 12, 1867. [S. & S., p. 899.] An act supplementary to the act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed February 28, 1861. [S. & S., p. 900.] An act to authorize cities of the first class, exceeding one hun- dred thousand inhabitants, to purchase fuel and levy a tax there- for, passed February 20, 1864. [S. & S., p. 901.] An act to amend an act entitled "an act to authorize cities of the first class, exceeding one hundred thousand inhabitants, to purchase fuel and levy a tax therefor," passed February 20, 1864, passed March 9, 1867. [S. & S., p. 901.] An act to restrain city councils of cities of the first class in cer- tain cases, passed April 7, 1865. [S. & S., p. 902] An act to amend an act entitled "an act to authorize certain cities of the first class to issue bonds for the purchase of gas works," passed April 6, 1866, passed January 26, 1867. [S. & S., p. 902.] An act to amend an act entitled an act to authorize certain cities of the first class to sprinkle the streets, passed April 13, 1865, passed April 6, 1866. [S. & S., p. 903.] An act supplementary to an act entitled an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, passed April 16, 1867. [S. & S., p. 904.] 240 THE LAWS OP An act to limit the powers of city councils of cities of the first class having a population of one hundred thousand inhabitants and upward, passed February 1, 1865. [S. & S., p. 904.] An act to amend section five of " an act prescribing the rates of taxation for state, county, township, city and other purposes," passed April 30, 1862, as amended February 7, 1866, passed May 14, 1868. [S. & S., p. 772.] An act to amend the second and third sections of the act passed April 30, 1862, entitled " an act prescribing the rates of taxation for state, county, township, city and other purposes," passed April 14, 1863. [S. & S., p. 779.] Sections one and two of an act entitled " an act to amend an act to provide for and regulate street railroad companies," passed April 10, 1861, and supplementary thereto, passed March 27, 1866. [S. & S., p. 137.] An act to amend an act for the better regulation of street rail- roads, and for other purposes, passed April 17, 1867, passed April 9, 1868. [S. & S., p. 139.] An act for the better regulation of street railroads, and for other purposes, passed April 17, 1867. [S. & S., p. 133.] An act supplementary to an act to authorize the erection, im- proving, enlarging or constructing additions to town halls, and to repeal an act therein named, passed April 2, 1866, passed April 13, 1867. [S. & S., p. 785.] An act supplementary to an act passed April 13, 1867, entitled an act supplementary to an act authorizing the erection, improv- ing, enlarging or constructing additions to town halls, and to repeal an act therein named, passed April 2, 1866, passed May 6, 1868. [S. & S., p. 785.] An act to amend section sixty -nine of an act entitled an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, as amended March 25, 1862, as amended April 29, 1862, and to repeal section one of the last-named act, passed March 15, 1869. [0. L., vol. 66, p. 25.] An act to authorize cities of the second class to receive dona- tions of library buildings and libraries, and keep up and maintain the same, passed February 24, 1868. [3. & S., p. 722.] Sec. 731. This act to take effect July 1, 1869. This act shall take effect and be in force from and after the first day of July, 1869. F. W. THOENHILL, Speaker of the Bouse of Bepresentatives. J. 0. LEE, President of the Senate. Passed May 7, 1869. MUNldlPAL CORPORATIONS. 241 ANNEXATION. (1.) Process of detacbment from one corporation and annexation to another. AN ACT to authorize the inhabitants of a portion of an incor- porated town or village to become detached from such town or village, and annexed to an adjoining city. [Passed April 29, 1871. 68 L. 85.] (1.) Sec. 1. Process of detachment and annexation. Be it en- acted by the G-eneral Assembly of the State of Ohio, That where any city and an incorporated town or village shall adjoin each other, and the inhabitants of any portion of the territory constituting a part of such incorporated toWn or village shall desire to be detached therefrom and annexed to such city, it shall be lawful for the commissioners of the proper county, on the application of the council of said city, and on the written request of at least two- thirds of the legal voters inhabiting the territory proposed to be so attached and annexed, to cause such alteration to be made, and the boundaries of such city, and of such incorporated town or village respectively, to be established in accordance with such application and request, and such territory shall thereafter con- stitute and become a part of such city; provided, that in all their proceedings in the premises, said county commissioners shall, so far as the same are legally applicable, be governed by the laws now in force prescribing the mode and manner of pro- ceeding on applications for the annexation ;of adjacent unincorpo- rated territory to towns and cities ; and provided further, that said commissioners shall ascertain and apportion the amount of the ex- isting indebtedness of said incorporated town or village, whi^h shall be assumed and paid by said city on the annexation of the territory aforesaid. Sec. 2. This act shall take effect and be in force from and after its passage. APPEOPEIATION OP PEIVATB PEOPERTT. (1.) Kulo of assessment. (3.) Proceedings to be held a ciTil action. (2.) Parties in case of conflicting claims, etc. AN ACT supplementary to " an act to provide for compensation to the owners of private property appropriated to the use of corporations," (1 S. & C. 311,) and the acts amendatory thereto, 242 THE LAWS or and chapter forty-seven of the municipal code, and the' acts amendatory thereto. [Passed May 2, 1871. 68 L. 130.] (1.) Sec. 1. Bule of assessment. Be it enacted by the General Assembly of the State of Ohio, That in any proceedings under the acts to which this is supplementary, and the amendments thereto now existing, or hereafter made, the jury shall assess the value of any parcel of real estate, and the damages thereto, at its fair value in money as therein provided. If there are any diverse or con- flicting claims, legal or equitable, to said real estate, or any in- terest therein, said jury shall not consider or pass upon the same, but such claim shall be reserved for adjudication as hereinafter provided. (2.) Sec. 2. Parties in case of conflicting claims, etc. That in every case where there are conflicting claims to the real estate sought to be appropriated, ot any interest therein, legal or equitable, as mentioned in section one, the person or persons hav- ing such claims, if known to the corporation applying to condemn any property under the acts to which this is supplementary, or any amendments thereto, shall be made parties to such proceed- ings as in said acts, and the acts amendatory provided, or shall hereafter provide ; and upon the payment of the money into court aft^ said verdict by the corporation seeking said condemnation, anj' party so claiming any Ifegal or equitable interest in said prop- erty, or the money arising therefrom by such condemnation, may file his petition in the court of common pleas of the proper county, making the other claimants to said property or money parties^ thereto, setting forth the facts on which said claim is founded, and the fact of said condemnation and the amount of money so paid in therefor, and such other facts as are proper to enable said court of common pleas to hear and determine the matters between said claimants; and upon the filing of such petition the court of com- mon pleas shall obtain jurisdiction in said action of said fund, and shall forthwith appoint some master of said court, or other suitable person selected by the parties to hold and safely keep said fund, either by deposit in some solvent corporate bank, or by investing the same in Ohio bonds, as said court may determine after hear- ing the parties, and such fund shall thenceforth represent said land and the interests therein, and be subject to the control of the court having jurisdiction of the case by orders entered in said proceeding according to the rights of the parties to said land or fund, as from time to time said court shall determine. (3.) Sec. 3. Proceedings held to be a civil action. Said proceed- ings in the common pleas court herein authorized in section two, MUNICIPAL CORPORATIONS. 243 shall be considered and held to be a civil action, and the hearing of the same and all proceedings, orders and judgments therein shall be governed by the code of civil procedure as in other civil actions, and the conflicting claims of the parties to the fund afore- said, shall be determined by the court, or by a jury trial, accord- ing as the claim is equitable or legal, in the same manner as if the land had not been converted into money. Sec. 4. This act shall take effect and be in force on and after its passage. ASSESSOES. (1.) Election of assessor. (3.) The bond, oath, etc. (2.) When to give bond, etc. A'N ACT to provide for the election of township assessors, and to prescribe their duties. [Passed and took effect April 4, 1859. 56 L. 156; S. & C, p. 85.] (1.) Sec. 1. Election of assessor. Be it enacted by the General Assembly of the State of Ohio, That in each township, town or ward, in this state, forming an election district, there shall be elected, on the first Monday of April annually, by the qualified electors of such township, town or ward forming an election dis- trict, one assessor for such township, town or ward, or part of a township not included in any other election district. (2.) Sec. 2. When to give bond, etc. Each township assessor shall give bond and take the prescribed oath of office on or before the first Monday after his election, and the township clerk shall notify the county auditor thereof; and if the county auditor shall receive no notice of the qualification of the assessor, in any township, ward or city in his county, on or before the third Monday in April in each year, he shall consider such office vacant; or if there should be a failure to elect by the people, or shall be at any time or from any cause, a vacancy in the office of assessor, or if the assessor of any township or ward, having qualified, shall not have proceeded to the discharge of the duties of his office before the third Monday of April in each year, the county auditor shall forthwith appoint one or more suitable persons, residents of the county, to discharge the duties of assessor in such township or ward, who shall thereupon take the necessary oath of office, give the same bond, perform the same duties, be entitled' to the same fees, and subject to the same liabilities as in case of assessor elected by the people. (3.) Sec. 3. The bond. Every such assessor, previous to entering 244 THE LAWS OF upon the duties of his office, shall give bond, with two or more freehold securities, to the acceptance of the township trustees or proper authorities of any city or incorporated village, payable to the state of Ohio, and conditioned for the faithful and impartial discharge of the duties of his office according to law ; and shall take and subscribe an oath of office, which shall be indorsed on such bond, and the bond so indorsed shall be deposited with the township treasurer or town or city treasurer, as the case may be. In case of an appointment by the auditor, the bond may be ap- proved by the auditor or the township trustees or authorities of any city, town or village. *^ •if •1' i^ol* •J'^>1> ^t* >J^ ^ ^ ^ ^^ ^J* ^ BONDS— OFFICIAL. (1.) Revenue stamps for official boads, how (4.) How sureties of cooatablea, marshals - procured ; townships, cities aud Til- and township officers, may be released lages. if they desire it. (2.) How sureties of constables and marshals (5.) On notice and requirement of trustees, may be released on misbehaToir of offi- new bond must be given, and failure cer ; notice to council. to give bond vacates office. (3.) New bond must be given, and failure to give bond vacates office. AN ACT authorizing certain officers to provide internal revenue stamps for official bonds. [Passed and took effect April 6, 1866. 63L. 157;S. &S., p. 54.J (1.) Sec. 1. Sevenue stamps for official bonds, how procured; town- ships, cities and villages. Be it enacted by the General Assembly of the State of Ohio, That the township trustees of the several town- ships in this state, shall procure all revenue stamps, required by the laws of the United States to be placed on the official bonds of all township officers, and pay for the same out of the township fund of their respective townships; and all revenue stamps for the official bonds of officers of cities and incorporated villages shall be paid for out of the treasury of such city or incorporated vil- lage upon the order of the mayor and clerk, or recorder. Seo. 2. This act shall take effect and be in force from and after its passage. AN ACT for the relief of the sureties of constables and city and village marshals in certain cases. [Passed March 30, and took effect May 1, 1864. 61 L. 103; S. & S., p. ^43.] (2.) Sec. 1. Sow sureties of constables and marshals may be re- leased on misbehavoir ; notice to council. Be it onaotod by the Gen- MUNICIPAL CORPORATIONS. 245 eral Assembly of the State of Ohio, That If any constable or marshal of any city or incorporated village shall neglect or refuse on demand made for that purpose by the person entitled thereto, his agent or attorney, to pay all moneys by him received in his official capacity, for the use of such person, the sureties of any such constable or marshal, or any one of them, may give notice to the trustees of the township or the council of the city, or incorporated village in which said constable or marshal resides, of the refusal or neglect of such constable or marshal to pay over moneys by him collected by virtue of his said office, and that he or they are unwilling to continue as security for such constable or marshal. (3.) Sec. 2. New bond must be given, and failure to give bond vacates office. It shall be the duty of the trustees or city or village council, as the case may be, upon such notice being given, to im- mediately inform said constable or marshal, in writing, of the refusal of his sureties to continue as such, and that he is required to give a new undertaking, conditioned according to law, and if such constable or marshal shall give such undertaking to the satis- faction of said trustees or council within ten days after receiving said notice, the sureties upon said first undertaking shall be released and exonerated from all further liability upon said bond, and if said constable or marshal shall fail to give a new undertak- ing within ten days after having received said written notice, such failure to give said undertaking shall be deemed and taken as a resignation of his office, and the trustees or council shall proceed to fill such vacancy as is provided for in other cases. AN" ACT for the relief of sureties of justices of the peace, consta- bles and township treasurers. [Passed and took effect Febru- ary 15, 1867. 64 L. 13 ; S. & S., p. 743.] (4.) Sec. 1. How sureties of justices, constables, and township offi- cers may be released. Be it enacted by the Gi-eneral Assembly of the State of Ohio, That it shall be lawful for any surety or sureties of any justice of the peace, constable, township treasurer, or any township officer, at any time, to notify the township trustees, by giving at least five days' notice in writing, that he or they are un- willing to continue as security for such officer, and will, at a time therein named, make application to said township trustees to be released from further liability upon the bond of such officer; and shall also give at least three days' notice in writing to such officer, of the time and place at whiclj such application will be made. (5.) Sec. 2. On notice and requirement of trustees new bond must be given, and failure to give bond vacates office. It shall be the duty 246 THE LAWS OF of the township trustees, upon such notice being given, to hear such application, and if in their opinion there is good reason therefor, they shall require such officer to give a new bond, conditioned ac- cording to law, and the sureties upon said first bond shall bo re- leased and exonerated from further liability thereon ; and there- upon said trustees shall require such officer to give a new bond, conditioned according to law, and to the satisfaction of said trus- tees, within such time as they may direct; and if such officer shall fail to execute such bond as aforesaid, the office shall be deemed vacant, and shall be immediately filled as other vacancies in said office ; but such original surety or sureties shall not be released or discharged until the filing of the new bond, or the expiration of the time allowed therefor; and such original surety or sureties shall be liable only for the official acts of such officer from the time of the execution of the original bond to the filing of the second bond, or the expiration of the time allowed therefor ; provided, that the cost of such application shall be paid by the person or persons making such application. Sec. 3. This act shall take effect and be in force from and after its passage. BONDS, NEGOTIABLE, AND STOCKS. (1.) Who may sell railroad stocks owned by- county, city, or township ; proceeds, bow to be applied. (2.) How proceeds of sale of stocks owned by city, county, or town applied. (3.) If bonds can not be redeemed at par, pro- ceed|i to be invested. (4.) When municipal corporations may be- come parties to agreements for reor- ganization of insolTent railroads with- out sale. (5.) When municipal corporations may be- come parties to trust agreements for reorganization of insolvent railroads with sale. (6.) Authority to certain cities of the first class to issue bonds for payment of as- sessments for improvements declared illegal. (7.) Sinking fund to pay such bonds. (8.) To be used for no other purpose. (9.) Authority to certain cities of the first class to issue bonds for the improve- ment of avenues. .(10.) Sale of bonds to be advertised, etc. (11.) Authority to certain cities of the second class to issue bonds to fund indebted- ness, and extend time of payment. (12.) Authority to counties, townships, cities, and incorporated villages to issue bonds to redeem lawful bonds com- ing due. (13.) Bonds to be numbered, registered, and sold at par ; how proceeds to be ap- plied . (14.) Powers of taxation for payment of such bonds. (16.) Investment of moneys from tax for sinking fund. (16.) Authority to certain cities of the first class to issue bonds for improve- ments. (17.) How negotiated, etc. (18.) Authority to certain cities of the first class to issue bonds for school pur- (19.) Authority to certain cities of the first class to issue bonds for improve- ments. (20.) Sale of bonds to be advertised, etc. (21.) Authority to certain cities of the first class to issue bonds for avenue and sewer purposes. (22.) I^otice of sale of bonds, etc. (23.) Authority to certain cities of the first class to issue bonds for water works. (24.) Notice of sale to be given, etc. AN" ACT to provide for the creation and regulation of incorpo- MrNICIPAL CORPORATIONS. 247 rated companies in the state of Ohio. [Passed May 1, 1852. 50 L. 274; S. & C, p. 270.] ** * * ***** (1.) Sec. 25. [As amended, April 16, 1867. 64 L. 234; S. & S., p. 113.] Who may sell railroad stocks owned by county, city, or town- ship ; proceeds, how to he applied. The commissioners of any county, the city or town council' of any city or town, and the trustees of any township, which county, city, town or township has hereto- fore subscribed to the capital stock of any railway company, or turnpike or plank road company, and has issued, or shall hereafter issue any bonds for the payment of such subscription, are hereby authorized to sell the said stock, or any part thereof, and on such terms as they shall deem to be for the interest of said county, city, town or township, respectively, and may apply the proceeds of such sale to the payment of the bonds of such county, city, town or township, respectively subscribed ; provided, that the commission- ers of any county, the city or town council of any city or town, and the trustees of any township, which has paid in full its subscriptions to such railroad or turnpike or plank road company, shall be authorized to sell the stock of the same in such railroad company, or turnpike or plank road company, on such terms as they shall deem to be for the interest of said county, city, town or township respectively, and place the pro- ceeds of such sale to the credit of the general fund of such county, city, town or township} AN ACT supplementary to " an act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, 1852. [Passed and took effect April 2, 1863. 60L. 53; S. & S., p. 113.] (2.) Sec. 1. How proceeds of sale of stocks owned by city, county, or town applied. Be it enacted by the General Assembly of the State of Ohio, That whenever the commissioners of any county, the proper authorities of any city or town, or the trustees of any township, shall sell stock of any railroad, turnpike, or plank road company, under the provisions of the act to which this is supple- mentary, they shall apply the proceeds of said sale to the payment of the bonds issued to said railroad, turnpike, or plank road com- pany, for said stock so sold as aforesaid, if said bonds can be obtained at par. 1 This section differs from the section as originally passed only in the addi- tion of the words in italics. 248 THE LAWS OF (3.) Sec. 2. If bonds can not he redeemed at par, how to invest pro- ceeds. If said bonds can not be redeemed at par, said autborities so selling the stock as aforesaid, shall invest said money in the bonds and stocks of the United States, or of this state, or upon bond and mortgage upon unincumbered real estate, held in fee simple in said county ; and said loan, not to exceed one-half of the appraised value of the property so mortgaged, to be held as a fund for the payment of the bonds given for said stock, when the same shall mature, or can be paid and discharged at their par value ; the principal and interest of all money so invested shall be held exclusively as a fund for the payment of the principal and interest of the bonds so given for the stock so sold, and shall be applicable to no other purpose until said indebtedness shall be fully paid. Sec. 3. This act shall take effect from and after its passage. AN ACT to provide for the adjustment of the affairs of insolvent railroad companies, and for their reorganization without a sale of the property thereof. [Passed and took effect April 7, 1863. 60 L. 55; S. & S., p. 126.] ******* (4.) Sec. 6. When municipal corporations or trustees may become party to such agreements. That if such agreement involves the capitaliza- tion of the stock of such company, and any portion of such stock is held by counties, townships, cities, villages, or other municipal corporations, or otherwise held in a fiduciary capacity, the county commissioners, trustee's, council, or other corporate body, repre- senting the county, municipal corporation, or person holding in a fiduciary capacity, shall be, and they are hereby authorized to become parties to such agreement, and to reduce, or otherwise exchange such stock in accordance with the terms of such agree- ment. AN ACT to regulate the sale of railroads and the reorganization of the same. [Passed and took effect April 11, 1861. 58 L. 70; S. & S., pp. 127, 130.] (5.) Sec. 9. When municipal corporations or trustees may become parties to trust arrangement. That in regard to bonds or stock held by the state of Ohio, counties, townships, cities, villages or other municipal corporations, or otherwise held in a fiduciary capacity, the governor, county commissioners, trustees, council, or other MUNICIPAL CORPORATIONS. 249 corporate body representing the state, municipal corporation, or persons holding in a fiduciary capacity, as executors or adminis- trators, guardians, or otherwise, shall be and they are hereby authorized to become parties to such agreement, and to control, exchange or manage said bonds or stock according to the terms of the agreement, and to take and receive new bonds or stock to be issued in lieu of the original bonds or stock, which shall be held on the same terms and subject to all liens which attached to said original bonds or stock. ** * * * *** AN ACT to enable cities of the first class that have been advanced to that grade between decennial periods and prior to May, 1867, to provide means to pay off the amount of certain assessments for the improvement and extension of streets therein, which assessments have been declared by a court illegal. [Passed May 7, 1869. 66 L. 346.] (6.) Sec. 1. Authority to issue bonds for improvement of streets, etc. Be it enacted by the General Assembly of the State of Ohio, That the city council of any city of the first class that has been ad- vanced to that grade between decennial periods and prior to May, 1867, for the purpose of reimbursing the general fund of such city for any money paid out upon any contract made by such city council, for the improvement of any street or alley in said city, or upon assessment of damages made in any proper court to the owner or owners of property taken by direction of said city coun- cil, for the opening or widening or extending of any street or alley in said city, and for the purpose of paying off any indebted- ness already incurred upon such contracts or assessment of dam- ages, and for the payment of which, assessments have been made by said city council upon the lots bounding and abutting upon the streets or alleys so improved or opened, or widened, or ex- tended, and which last-mentioned assessments have been declared illegal by any proper court of this state, shall have the power, and they are hereby empowered to issue bonds of such city and to borrow money thereon, which bonds may be in such amounts and for such length of time, not exceeding twelve years, and at such rate of interest as such city council may deem proper, not to ex- ceed seven per cent, per annum. (7.) Sec 2. Provision for sinking fund to pay them, etc. And when such bonds shall have been issued, a tax shall be assessed suflScient in amount to provide a sinking fund for their final re- 250 THE LAWS OF demption as they become due, together with the interest thereon, as provided in section ninety-one (as amended March 28, 1861) of the act to provide for the organization of cities and incorporated villages, passed May 3, 1852 ; provided the whole amount of bonds so issued under this act shall not exceed the sum of eighty thou- sand dollars. C8.) Sec. 3. To he used for no other purpose. And provided fur- ther, that the moneys arising from the sale of said bonds shall be applied to paying only the claims described above and now exist- ing, or to reimbursing the general fund of such city for moneys paid out already ^or that may hereafter be paid out upon such claims. Sec. 4. This act shall take effect and be in force from and after its passage. AN ACT to authorize cities of the first class having a population of over 150,000 inhabitants, to issue bonds for the extension and completion of avenues established therein. [Passed May 6, 1869. 66 L. 130.] (9.) Sec. 1. City council may issue bonds in certain cases. Be it en- acted by the General Assembly of the State of Ohio, That the city council of any city of the first class having a population of one hundred and fifty thousand inhabitants, .wherein a public avenue of not less than one hundred feet in width is now projected, to be known and designated as "Gilbert avenue," is hereby authorized to issue the bonds of said city in any sum not exceeding one hun- dred and fifty thousand dollars, for improving such avenue, bear- ing a rate of interest not to exceed seven and three-tenths per cent, per annum, at such dates and for such length of time as they deem expedient, the same to be sold at not less than par, and the proceeds thereof to be applied exclusively to the improvement of such "Gilbert avenue," commencing at the western terminus of said avenue. (10.) Sec. 2. Sale of bonds to be advertised, etc. Whenever any of the bonds herein provided for shall be for sale, not less than ten days' previous notice shall be advertised in such city, said adver- tisement to be published daily until day of sale, the same to specify that scaled bids will be received at a place and until a day and hour designated. The bids shall then be opened and read in the presence of the bidders present, and the bonds shall be sold to the highest bidder, the city however resei'ving the right to reject all bids. Sec. 3. This act shall be in force from and after its passage. MUNICIPAL CORPORATIONS. ' 251 AN ACT to authorize certain cities of the second class to fund their indebtedness and extend the time of its payment. [Passed April 2, 1869. 66 L. 44,] (11.) Sec. 1. Certain cities may issue bonds, etc., for certain pur- poses. Be it enacted by the General Assembly of the State of Ohio, That the city council of any city of the second class having a population exceeding twenty thousand and not exceeding twenty thousand one hundred at the last federal census, for the purpose of extending the time of payment of any indebtedness heretofore incurred, and which from its limit of taxation such city is unable to pay at maturity, shall have the power to issue the bonds of such city and to borrow money thereon so as to change but not in- crease the indebtedness, in such amounts and for such length of time, and such rate of interest not exceeding eight per cent, per annum, payable semi-annually, as such city council may deter- mine; and when such bonds shall have been authorized and issued, a tax shall be assessed and collected suflScient in amount to provide a sinking fund for their final redemption, as provided by law. Sec. 2. That this act shall take effect from and after its pas- AN ACT to authorize counties, townships, cities and incorporated villages to issue bonds in certain cases. [Passed and took effect March 10, 1860. 57 L. 28 ; S. & C, p. 1235.] (12.) *Sec. 1. [As amended, March 22, 1871. 68 L. 45.] Com- missioners, etc., may issue bonds equal in amount to bonds due, etc. ; provisos. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the commissioners of any county, the trus- tees of any township and the council of any city or incorporated village, which may have heretofore issued or which may hereafter *SEa. 1. [Ab originally passed.] ^ay issue bonds equal in amount to bonds now dwc, to become due prior to 1863. That it shall he lawful for the commissioners of any county, the trustees of any township, and the council of any city or incorporated Tillage which may have heretofore, in pursuance of law issued bonds in aid or for purposes of public improvement, and which bonds are now due and unpaid, or may become due on or before the fourth day of January in tHe year eighteen hundred and sixiy-tliree, to issue other bonds not exceeding in amount the principal of such bonds so due or to become due. Sec. 1. [As amended, March 9, 1866. 63 L. 41; S. & S., p. 645.] Sew bonds may hemb- Btituied for old unpaid bonds. That it shall be lawful for the commissioners of any county, the trustees of any township, and the council of any city or incorporated village which may have heretofore issued, or which may hereafter issue, in pursuance of any law, bonds in aid or for pur- poses of public improvement, and which bonds are now due and unpaid, or may become due on or before the second Monday of January , eighteen hundredand seventy-one, to issue other bonds, not exceed- ing in amount the principal of such bonds so due or to become due. 252 THE LAWS OF issue in pursuance of any law, bonds in aid of or for purposes of public improvement, or in redemption of any pre-existing bonded debt authorized by law, and which bonds are now due and unpaid or may hereafter become due, to issue other bonds, not exceeding in amount the principal of such bonds so due or to become due; provided, that nothing herein contained shall be construed to authorize the reissue of any bonds issued, or extension of the payment of any in- debtedness incurred under the authority of any act in which provision is made for the payment thereof when due by specific levies and assess- ments, or where bonds have been issued to contractors or others and received by them in payment or part payment for labor done or mate- rials provided for any local or special improvement ; provided, that nothing herein contained shall be so construed as to authorize the crea - tion of any new debt or debts, and the issuing of bonds therefor. (13.) *Sec. 2. [As amended, May 1, 1871. 68 L. 97.] Bonds to be numbered, registered, etc.; proviso. That all bonds issued by virtue and in pursuance of the provisions of section one of the act to which this is an amendment, may be made payable to bearer, and shall be numbered and registered by the authorities issuing them. Each bond shall be for a sum not less than one hundred dollars, nor more than one thousand dollars, and shall become due at any period therein named, not exceeding twenty years from its date, and shall bear interest at any rate named therein, not exceeding eight per cent, per annum, payable in semi-annual installments, being four per cent, half yearly ; and each bond, with its coupons, may be made payable at any place designated therein; provided, how- ever, that no bond shall be disposed of at less than its par value; * Sec. 2. [Aa originally paeaed.] Bonds to be numbered and registered; amount, and when due; interest ; proviso. All bonds issued by virtue 0/ /Ac /ore^oin^ section shall be numbered and regis- tered by the authorities issuing them ; each bond shall be for a sum of not less than one hun- dred dollars, or more than one thousand dollars, and shall become due at any period therein named, not exceeding ^^/Zeen years from its date; if shall bear interest at a rate not exceeding seven per centum per annum, payable semi-annually upon coupons thereto attached, and each bond mth its coupons may be made payable at any place designated therein; provided, however, that no bond shall be disposed of at less than its par value, and the proceeds of all such bonds shall be used for the redemption of an equal amount of the principal of bonds falling due or to be- come due as specified in the first section of this act, and for no other purpose whatever. Sec. 2. [As amended, March 22, 1871. 68L.,45.] Bonds to be numbered and registered ; amount, andwJien due; interest; proviso. That all bonds issued by virtue and in pursuance of the pro- visions of section one of the act to which this is an amendment, shall be numbered and registered by the authorities issuing them ; each bond shall be for a sura not less than one hundred dollars nor more than one thousand dollars, and shall become due at any period therein named, not exceed- ing twenty years from its date, and shall bear interest at a rate not exceeding the rate of interest allowed by law at the time of issuing said bond or bonds, payable semi-annually by coupons thereto aitaclted, and each bond with its coupon, may bo made payable at any place designated therein ; provided, how- ever, that no bond shall bo disposed of at less than its par value, and the proceeds of all such bonds shall be used for the redemption of an equal amount of the principal of bonds falling due or to become due as specified in the first section of this act, and for no other purpose whatever. MUNICIPAL CORPORATIONS. 253 and the proceeds of all such bonds shall be used for the redemp- tion of an equal amount of the principal of bonds falling due, or to become due, as specified in the first section of this act, and for no other purpose whatever. (14.) *Seo. 3. [As amended, March 22, 1871. 68 L. 45.] Powers of taxation. Said commissioners, trustees and councils issuing bonds under the provisions of this act, are hereby author- ized and required to assess and levy in the usual manner, an annual tax for the payment of the interest upon said bonds; and also in addition thereto, to assess and levy such additional tax in every year as they shall find on computation to be necessary to redeem the principal of said bonds at the maturity thereof ; the powers of taxation conferred in this act being special, and in addition to the powers of taxation otherwise conferred upon such commissioners, trustees and councils by law. Sec. 4. This act shall take effect and be in force from and after its passage. AN ACT to amend the act entitled "an act to amend the first sec- tion of an- act entitled 'an act to authorize counties, townships, cities and incorporated villages to issue bonds in certain cases,'" as amended March 9, 1866, (S. & S., p. 645) and the second and third sections of the same act, passed and took effect March 10, 1860, (S. & C, p. 1235) and supplementary thereto. [Passed March 22, 1871. 68 L. 45.] Secs. 1, 2 and 3 were inserted in the act above, being amenda- tory thereto. (15.) Sec. 4. Investment of moneys, etc. Said commissioners, trustees and councils, shall immediately invest the money thus received by the levies and taxes in the third section of the act provided for in the purchase and redemption of the aforesaid bonds, or on failure to obtain the same, shall invest in the bonds and stocks of the United States or of the state of Ohio, any funds now in their several treasuries or which may hereafter come into the same, as the proceeds of a tax assessed and levied for the pur- pose of a sinking fund to pay the principal of such bonded indebt- edness when the same shall fall due, until such time as said funds *Sbc. 3. [As originally passed.] Said commlssioaers, trustees and councils, issuing bonds under the provisions of this act, are hereby authorized and required to assess and levy in the usual manner, an annual tax for the payment of the interest upon said bonds ; and Ihey are like- wise hereby authorized to assess and levy such onnuol tax as to them may seem expedient for the redemp- tion of the principal of said bonds ; the power of taxation hereby conferred being additional to the other powers of taxation granted to them by law. 254 THE LAWS OF may bo needed for the purpose for which the same was levied and collected; and all interest accrued and arising from such invest- ments shall, as fast as the same is received, be added to and become a part of the sinking fund, and shall not be appropriated to any other use or purpose whatever. AM" ACT to authorize cities of the first class, having a population exceeding one hundred and fifty thousand, to issue bonds for improvements. [Passed May 2, 1871. 68 L. 125.] (16.) Sec. 1. Issue of bonds by cities. Be it enacted by the General Assembly of the State of Ohio, That the common council of any city of the first class, having a population of more than one hundred and fifty thousand, shall have power to issue the bonds of such city for any sum not exceeding six hundred thou- sand dollars, bearing a rate of interest not exceeding seven per cent, per annum, at such date and for such length of time as they may deem expedient. (17.) Sec. 2. How negotiated, etc. Such bonds shall be desig- nated improvement bonds, and shall be negotiated in the manner and under the restrictions prescribed in sections 669 and 670 of "an act to provide for the organization and government of municipal corporations," passed May 7, 1869, and the proceeds shall be paid into the city treasury to the credit of the general fund, and shall be applied to such public improvements as the common council may deem best. Sec. 3. This act shall take effect from and after its passage. AN ACT to authorize certain cities therein described to borrow an additional amount of money for school purposes. [Passed May 4, 1869. 66 L. 92.] (18.) Sec. 1. Cities may borrow money, etc., for school and school- house purposes. Be it enacted by the General Assembly of the State of Ohio, That any city of the first class having a population less than one hundred thousand inhabitants, for the purpose of paj'^ing for lands which have been or may hereafter be purchased or appropriated by such city for school-house sites or grounds, and for the purpose of erecting suitable school buildings and complet- ing those already in process of erection thereon, shall have the power to borrow money, over and above the amounts heretofore authorized by law, in any sum not exceeding one hundred and fifty thousand dollars, at such rate of interest as the city council thereof may deem proper, not exceeding eight per cent, per an- num, payable semi-annually; and for the purpose of effecting MUNICIPAL CORPORATIONS. 255 such loan, the city council of such city shall have the power to pledge the faith of such city for the payment of both principal and interest, including the power to levy a tax for the payment of ,the same whenever due, and to make and execute such bonds or other evidence of debt, and payable at such times and places as shall be agreed upon by the parties contracting ; which said bonds or other evidences of debt may be made transferable and redeem- able in such form and at such times and places as may therein be designated or prescribed. Sec. 2. This act shall take eiFect and be in force from and after its passage. AN ACT to authorize city councils of cities Sf the first class hav- ing a population of over one hundred and fifty thousand in- habitants to issue bonds for general sewerage purposes. [Passed May 6, 1869. 66 L. 129.] (19.) Sec. 1. City council may issue bonds, etc. Be it enacted by the General Assembly of the State of Ohio, That the city coun- cil of any city of the first class having a population of over one hundred and fifty thousand inhabitants, wherein a general sewer- age system has been partially or wholly devised or adopted, are hereby authorized to issue the bonds of such city in any sum, not to exceed one hundred and fifty thousand dollars, for the exten- sion and completion of such sewerage system, bearing a rate of interest not to exceed seven and three-tenths per cent, per annum, at such dates and" for such length of time as they may deem ex- pedient, the same to be sold at not less than par, and the proceeds thereof to be applied exclusively to the above-named purpose. (20.) Sec. 2. Sale of bonds to be advertised, etc. Whenever any of the bonds herein provided for shall be for sale, not less than ten days' previous notice thereof shall be advertised in such city ; said advertisement to be published daily until the day of sale, the same to specify that sealed bids will be received at a place and until a day and hour designated. The bids shall then be opened and read in the hearing of bidders present, and the bonds shall be sold to the highest bidder, the city reserving the right to reject all bids. Sec. 3. This act shall be in force from and after its passage. AN ACT to authorize city, councils of the first class having a pop- ulation of over one hundred and fifty thousand Inhabitants, to issue bonds for public avenue and sewer purposes. [Passed May 7, 1869. 66 L. 337.] (21.) Seo. 1. Bonds for avenue or sewer purposes. Be it enacted 256 THE LAWS OF by the General Assembly of the State of Ohio, That the city coun- cil of any city of the first class having a population of over one hundred and fifty thousand inhabitants, wherein a public avenue of not less than ninety feet in width is now projected and estab- lished, but unimproved and with a sewer partially constructed in such avenue, are hereby authorized to issue the bonds of such city in any sum, not to exceed one hundred ($100,000) thousand dol- lars', for constructing such sewer, bearing a rate of interest, not to exceed seven and three-tenths per cent, per annum, at such dates and for such length of time as they may deem expedient, the same to be sold at not less than par, and to be applied exclusively to the above-named purposes. (22.) Sec. 2. Notice of sale of bonds. "Whenever any of the bonds herein provided for shall be for sale, not less than ten days' previous notice thereof shall be advertised in such city; said ad- vertisement to be published daily until the day of sale, the same to specify that sealed bids will be received at a place and until a day and hour designated. The bids shall then be opened and read in the presence of the bidders present, and the bonds shall be sold to the highest bidder, the city, however, reserving the right to re- ject all bids. Sec. 3. This act shall be in force from and after its passage. AN ACT to authorize city councils of cities of the first class hav- ing a population of over one hundred and fifty thousand in- habitants, to issue bonds for water works. [Passed May 7, 1869. 66 L. 143.] (23.) Sec. 1. Authority to issue bonds for water works. Be it enacted by the General Assembly of the State of Ohio, That the city council of any city of the first class, having a population of over one hundred and fifty thousand inhabitants, and wherein water works have been constructed, for the purpose of completing reservoirs now being constructed, are hereby authorized, upon the application of such trustees, to issue the bonds of the city for any sum not exceeding one hundred and fifty thousand dollars, bearing a rate of interest not to exceed seven and three-tenths per cent, per annum, at such dates and for such lengths of time as they may deem expedient, the same to be sold at not less than par, their sale to be under the direction of said trustees, and the proceeds thereof to be applied exclusively to the above-named purposes. (24.) Sec. 2. Notice of sale to be given. Whenever any of the bonds herein provided for shall be for sale, not less than ten days previous notice of said sale, shall be advertised in Cincinnati, said MUNICIPAL CORPORATIONS. 257 advertisement to be published daily until the day of sale ; the ad- vertisements shall specify that sealed bids will be received at a place and until a day and hour designated ; the bids shall then be opened and read, in the presence of the bidders present, and the bonds shall be sold to the highest bidders, the city, however, re- serving the right to reject all bids. Sec. 3. This act shall take effect on and after its passage. BUILDINGS. (1.) Halls, theaters, etc., must have ample (3.) "Who to examine and give certificate, facilities for escape. (4.) Penalty for using without certificate. (2.) Prohibition of nse without certificate. AN ACT to provide for the safety of persons attending public assemblies. [Passed and took effect April 13, 1865. 62 L. 139; S. & S., p. 635.] (1.) Sec. 1. [As amended, May 12, 1868. 65 L. 179; S. & S., p. 635.] Halls, theaters, etc., must have ample facilities for escape, etc. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any hall, theater, opera house, church, school house, or building of any kind whatsoever, in any city or incorporated village, to be used for the assemblage of people, un- less the same is provided with ample means for the safe and speedy egress of the persons assembled therein in case of alarm, or to be so used when the doors affording exit therefrom are locked or barred, or when such doors shall open inwardly} (2.) Sec. 2. And certificate thereof from proper authorities. That in all cities and incorporated villages it shall be unlawful for any person or persons, society, corporation or individual whatsoever, who may be the owner or owners of, or have control of any hall, theater, opera house, church, school house, or building of whatso- ever kind, to use or permit the same to be used for schools or pub- lic assemblages of people, unless said person or persons, society, corporation or individual shall have, from the authorities herein- after designated of the city or incorporated village in which said hall, theater, opera house, church, school house or building is situated, a certificate in writing stating that they have carefully examined the said hall, theater, opera house, church, school house or building, as the case may be, and that the same is well and ' This section differs from the original section only in the addition of the words in italics. 258 THE LAWS OP abundantly provided with means of speedy and safe ingress and egress for public assemblages in cases of danger or sudden alarm. (3.) Sec. 3. Who shall examine building. It shall be the duty of the mayor, city civil engineer, and chief engineer of the fire depart- ment of the city or incorporated village, or in case there be no city civil engineer, or chief engineer of the fire department, then for the mayor and any two members of the council of such city or in- corporated village who shall bo designated for that purpose by said city or town council in which any opera house, hall, theater, church, school house, or building which is, or is to be used for public assemblages, is situated, upon the application of the person or persons, society, corporation or individual owning or having the control of the same, to make a joint examination of said hall, thea- ter, opera house, church, school house or building, as contemplated by the second section of this act, any two of whom shall issue or refuse to issue as the ease may be, the written certificate therein provided, which certificate shall continue in force for the period of one year from its date, unless sooner revoked : provided, that if any change or alteration shall be made in any of said buildings, the owner or owners, or persons having control thereof, shall notify the mayor of the city or incorporated village in which said build- ing is situated of such change, who shall, with the city civil engineer, and chief engineer of the "fire department, or if there be no such officers, then with the other authorities hereinbefore desig- nated, make a joint re-examination of said building, any two of whom shall issue or refuse to issue, as may be right, the written certificate as provided in the second section of this act, and it shall be unlawful for the owner or owners, or persons having con- trol of said buildings so changed or altered, to use the same for the purposes of schools or assemblages of persons after ordering such change, unless they shall have a certificate as herein provided: provided, that if any owner or owners, or persons having the con- trol of any hall or other building herein above-mentioned, shall feel himself or themselves aggrieved by the decision of said author- ities, he or they may appeal therefrom to the city or town council, who may appoint any three disinterested persons to examine the said premises, any two of whom shall issue or refuse to issue a certificate, as provided for in the second section of this act, but no appeal shall be allowed from this last decision. (4.) Sec. 4. Penalty for using hall without certificate. U any person or persons on or after the first day of August next ensuing, owning or having control either individually or by virtue of his or their position as an officer or as officers, agent or agents of any MUNICIPAL CORPORATIONS. 259 society or corporation, shall permit any hall, theater, opera house, church, school house, or building over which he or they have con- trol as aforesaid, to be used for the purposes of schools or public assemblages, without having the certificate as provided in the second section of this act, ho or they shall be deemed guilty of a misdemeanor, and upon conviction thereof, before the judge of the police court of said city or incorporated village, or if there be no police court therein, then before the court of common pleas, or other court having criminal jurisdiction of the county in which said city or incorporated village is situated, be fined in any sum not more than one thousand dollars for each and every time he or they shall permit said hall, theater, opera house, church, school house or building, to be used for the purpose of schools or public assemblages, without first obtaining the certificate provided for in the second section of this act. Sec. 5. This act shall be in force from and after its passage. CBMBTEEIBS. (1.) Sale and mortgage of parts of burial (4.) Certain property exempt from taxation grounds to pay debts. for cemetery purposes by township (2.) Two or more councils may unite in the trustees. establishment of a cemetery. (5.) Conveyance of lands abandoned for cem- (3.) Election of trustees. etery purposes. AN ACT to authorize cemetery associations and councils of in- corporated villages to sell or incumber real estate. [Passed and took effect April 5, 1867. 64 L. 110 ; S. & S., p. 877.] (1.) Sec. 1. Sale and mortgage of parts of burial grounds to pay debts. Be it enacted by the General Assembly of the State of Ohio, That the trustees of any cemetery association or the council of any incorporated village in this state, for the purpose of paying any indebtedness of such association, are hereby authorized to sell or mortgage such portion of the real estate belonging to such asso- ciation as has not been used for burial purposes, or as may not be, in the opinion of said trustees, so needed, and the money arising from such sale or mortgage shall be applied by said trustees to the payment of such indebtedness, and to no other purpose, except upon such sale where there may be a surplus after the payment of such indebtedness ; in such case such surplus money shall be used by said trustees in the improvement of such cemetery grounds, and for no other purpose. Sec. 2. This act shall ta.ke effect and be in force from and after its passage. 260 THE LAWS OF AN ACT supplementary to an act to provide for the organization and government of municipal corporations, passed May 6, 1869. (O. L., vol. 66, p. 149.) [Passed April 20, 1871. 68 L. 73.] (2.) Sec. 1. Two or more councils may unite in the establishment of a cemetery. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the councils of two or more cities or incorporated villages, or the councils of one or more cities and one or more incorporated villages, when conveniently located for that purpose, to unite in the establishment and management of a cemetery, under the provisions of the act to which this is sup- plementary, and in all their proceedings they shall be governed by the same, so far as the same may be applicable. (3.) Sec. 2. Election of trustees. That when two municipal cor- porations shall unite for cemetery purposes, as provided in the preceding section, the corporation having the larger number of voters at the last preceding annual election for corporation oflBcers, shall elect two trustees, and the other corporation shall elect one trustee, and thereafter each corporation shall be entitled to two trustees every alternate year. When three corporations shall unite as herein provided, each of said corporations shall bo entitled to one trustee; and when four or more corporations shall unite as herein provided, the three corporations having the largest number of voters, respectively, shall each elect one trustee, and at the next annual election the corporation having the largest number of voters at the last election shall not be entitled to a trustee, but the corporation standing fourth in the number of voters shall be en- titled to a trustee, and so on in rotation, so that each corporation shall be without a trustee at regular intervals corresponding with the number of corporations that may be united under the pro- visions of this act. Sec. 3. That this act shall be in force from and after its passage. AN ACT to exempt property in incorporated villages from taxa- tion for cemetery pueposes, in certain cases. [Passed April 20, 1871. 68 L. 74.] (4.) Sec. 1. Property exempt from taxation. Be it enacted by the General Assembly of the State of Ohio, That all property within any incorporated village in this state, in which there is a cemetery established and maintained by such incorporated village or by a cemetery association resident within such incorporated village, shall be exempt from taxes for the purchase or maintenance of cemeteries, under the superintendence of the township trustees. Seo. 2. This act shall be in force from and after its passage. MUNICIPAL CORPORATIONS. 261 AN ACT to regulate the sale of real estate held by cemetery as- sociations and other corporations and parties named therein. [Passed May 2, 1871. 68 L. 124.J (5.) Sec. 1. Conveyance of lands abandoned for cemetery purposes. ■ Be it enacted by the General Assembly of the State of Ohio, That whenever any person or persons as trustees for any person or cor- poration, or otherwise, or any city, incorporated village or town- ship within this state, or any cemetery association, shall hold any land or lands within the limits of any incorporated village or city in this state, which shall have been used as a cemetery or burial ground, and in which interments have been prohibited by such municipal corporations, and it shkll have been decided to remove the bodies interred therein, it shall be lawful for such person or persons so holding any such lands as aforesaid, or for the trustees of any township, or any such cemetery, or for the council of any city or incorporated village, to sell or otherwise dispose of any such land or lands, and to make and deliver proper deeds convey- ing such lands to the purchaser or purchasers of the same ; pro- vided, that such salp or other transfer of such land or lands shall not operate to give such purchaser or purchasers possession of the same till the bodies therein interred shall have been removed from such cemetery, and all monuments and tombstones be removed and re-erected at the place of reinterment of the remains of each person respectively. Sec. 2. This act shall take eflfect from and after its passage. COUNCIL. (1.) Constitution of commou council in cities (6.) Confirmations of ofScere ; joint seseions; of the first class exceeding one hundred election of clerk. thousand inhabitants. (7.) Existing laws applicable to each board. (2.) Board of aldermen and board of council- (8.) Powex's and duties. men, how constituted. (9.) Temporary suspension of laws. (3.) Organization of boards. (10.) Voting districts may be created. (4.) Meeting of boards. (11.) Inconsistent laws inoperative. (5.) Acts to require concurrence of both (12.) Fixing terms of ofBce of members of boards. councils in certain cases. AN ACT supplementary to an act '* to provide for the organization and government of municipal corporations," passed May 7, 1869. [Passed February 10, 1870. 67 L. 7.] (1.) Seo. 1. Constitution of common council. Be it enacted by the General Assembly of the State of Ohio, That in the cities of the first class, of a population exceeding one hundred thousand in- habitants at the last federal census, the legislative power of the said corporation shall be vested in a board of aldermen and board 262 THE LAWS OF of councilmen, which, together, shall form the common council of the said city. (2.) Sec. 2. Board of aldermen. The board of aldermen shall consist .of one alderman to be elected from each ward in the city, at the first annual election of municipal officers to be held after the passage hereof. The members of the board of aldermen first elected under this act shall be classified as follows: The aldermen from wards hav- ing an even numerical designation, shall hold such office for the term of one year; and those from wards having an odd numerical designa- tion, shall hold office for the term of two years ; and at all subse- quent elections for aldermen they shall be elected for the full term of two years ; and said board of aldermen, and the council now provided by and existing under the act to which this is supple- mentary, shall, together, form the common council of such cities. (3.) Sec. 3. Organization of hoards. Aldermen and councilmen elected for such city, within ten days after their election, upon separate days, shall assemble and organize their respective boards, as now provided for councils of cities of the first class by the act to which this is supplementary; and a majority of either shall be a quorum to do business. Each board shall elect, by ballot, a president and vice-president from its own body, who shall preside at its meetings; in the absence of the president of either board the vice-president shall preside; and in the absence of the president and vice-president, a president pro tempore shall be elected viva voce. Bach board shall determine the rules of its own proceedings, and be the judge of the election returns and qualifications of its own members; and shall keep a journal of its own proceedings. (4.) Sec 4. Meetings of hoards. Both boards shall meet in the same chamber at least twice each month, on such days as they may severally determine: Provided, that both boards shall not meet on the same day, nor on the day after a meeting of either branch, except when it shall be necessary for them to meet in joint session; and then, only for the transaction of such business as requires a joint session ; provided, that if said boards at any time appoint for meeting, or be called to meet on the same day, the meeting of said board of aldermen shall have precedence on any Tuesday, Thursday or Saturday, and the meeting of said board of councilmen shall have precedence on any other day. (5.) Sec. 5. Acts to he by concurrent ordinance. Every legislative act of the common council shall be by ordinance, resolution or order, which shall have passed the two boards of the common council; and any ordinance, resolution, or order of the common council, may originate in either board, and when it shall have MUNICIPAL CORPORATIONS. 263 passed one board, may be rejected or amended by the other. The like majority shall be required for the passage of different Itinds of orders, resolutions and ordinances in. each board, that are now required by law in city councils of one board ; and at least one weeli shall intervene between the passage by one board, of any ordi- nance, resolution or order, involving the expenditure of money, or any contract for the payment of money, or for granting aoy franchise or creatingany right, and the passage of thesame by the other board. (6.) Sec. 6. Joint sessions of the boards; city clerk. In cities where a common council is organized under this act, all officers or agents of said city, now elected or confirmed by the citj^ council, as provided for by city councils of cities of the first class of a popu- lation of eighty thousand inhabitants and over, under existing laws, shall be elected and confirmed by the common council from the qualified voters of the citj-; and for that purpose the two boards shall meet in joint session ; and the term of office of the person so elected or appointed shall be one year; and the election or appointment of all such officers or agents of said city, or of any board created by or working under the same, shall be held im- mediately after the organization of the common council; and any of said officers elected or appointed prior to the time herein provided for, shall hold their offices only until their successors are elected or appointed and qualified under this act. The city clerk elected by city councils of cities of the first class, under the provisions of the act to which this is supplementary, shall be elected by both boards of the common council, and be the clerk of each board. (7.) Sec. 7. Law applicable to each board. The provision of law now existing in reference to the calling of special meetings of the city council, shall apply to each of said boards; and three members of the board of aldermen uniting with five of the board of council- men, may, in like manner, call a joint session of the two boards. (8.) Sec. 8. Powers and duties. The common council provided for in this act shall be invested with the same powers and duties, except as herein otherwise provided, as are possessed by city councils of cities of the first class having over one hundred thou- sand inhabitants at the last federal census, under existing laws; and all laws and ordinances regulating the duties of city councils and councilmen, or trustees, in any city organized under the provisions of the act to which this is supplementary, shall be construed as applying to a common council constituted of two boards, and the individual members of the two boards respectively. (9.) Sec. 9. Temporary suspension of laws. The operation of all 264 THE LAWS OT laws authorizing cities of the first class having a population exceeding one hundred thousand inhabitants at the last federal census, to issue bonds, leaao property of any description for any puri^ose whatever, or to make contracts of any kind whatever, contemplating the expenditure of money not absolutely in the city treasury, to the credit of the fund proposed to be used, at the date of the passage of this act, are hereby suspended until May 1, A. D. 1870, and all bonds issued, leases executed, or contracts made in violation of this provision, shall be null and void : Provided, however, that this section shall not apply to an act of the general assembly of this state, passed May 4, a. d. 1869, authorizing cities of the first class to construct and maintain a railroad. (10.) Sec. 10. Voting districts. That where the voters of any ward of a city of the first class having a population of one hundred thousand inhabitants, and upwards, at the last federal census, exceed five hundred, the common council of such city shall have the authority to divide any such ward into voting districts, and the vote of said districts shall be returned as the vote of the ward. (11.) Sec. 11. Inconsistent laws inoperative. All laws inconsistent herewith are hereby declared to be inoperative in cities affected by this act. Sec. 12. This act shall take effect and be in force from and after its passage. AN ACT supplementary to an act entitled "An act for the organi- zation and government of municipal corporations," passed May 7, 1869. (O. L., vol. 66, p. 149.) [Passed March 13, 1871. 68 L. 39.] (12.) Sec. 1. Fixing terms of office of members of councils in certain cases. Be it enacted by the General Assembly of the State of Ohio, That in any city or incorporated village, in which the now sitting members of the council were elected without specification as to the length of their respective terras of office, it shall be lawful for the members of such council to proceed, at ten o'clock a. m., of the first Monday in March, 1871, at the usual place of the meeting of such council, to determine by lot, in such a manner as may be prescribed by the mayor, the lengths of the respective terms to be held by each ; such lots to be cast between members sitting for the same ward in case of cities or incorporated villages that are divided in three or more wards. In case any member of such council shall refuse or fail to attend at the time and place specified for the purpose aforesaid, then it shall bo the duty of the mayor to act in casting lot for such absent member, and the result of the determi- nation by lot herein provided, shall fix the terms of office of the MUNICIPAL CORPORATIONS. 265 members of such council as fully as though they had been originally elected as contemplated by law. Sec. 2. This act shall take effect and be in force from and after its passage. HOUSES OF REFUGE. (1.) City council may establish house of ref- (12.) Disposition of infants when house is uge ; tax and subscriptions. full. (2.) Board of directors, appointment, terms, (13.) What statements must accompany the etc. commitment. (3.) Their powers and duties. (14.) No record to be made at trial, unless de- (4.) Tax to be levied, money disbursed, etc. manded by infant. (5.) Right of visitation. (15.) Term of commitment; how discharged ; (6.) What infants to be received as inmates. how employed and apprenticed. (7.) Infants liable to confinement in jail may (16.) Indentures may be canceled. be sent. , (17.) Inmates escaping. (8.) Grand jurors may recommend commit- (18.) Expenses, how paid. ment instead of finding indictment. (19.) Return of writ of habeas corpus in cer- (9.) Court may commit, with consent of ac- tain cases. cused. (20.) Proceedings when infant is wrongfully (10.) Infants entitled to private examination committed. and trial. (21.) Sale of real estate. (11.) Infants committed for trial or as witness (22.) Suits, how brought. to be sent to house. AK ACT to authorize the establishment of houses of refuge. [Passed April 16, and took effect May 1, 1857. 54 L. 163; S. & C, p. 687.] (1.) Sec 1. Gity councils may establish houses of refuge ; subscrip- tions. Be it enacted by the General Assembly of the State of Ohio, That the city council of any city, in and for which a house of ref- uge is not already established, shall have power to erect and estab- lish, either within the city or within the county in which such city may be situated, a house of refuge; and for such purpose may levy a tax for the purchase of any real estate that may be deemed neces- sary, and for the erection of suitable buildings thereon; and if it shall be deemed advisable to provide buildings for the accommo- dation of both males and females, such buildings shall be at least one-fourth of a mile apart, and be managed by separate boards of directors. But the city council shall not proceed to purchase lands or to erect any house of refuge until fifty individuals shall have subscribed toward the building and support of such house of refuge, either twenty-five dollars for life membership, or five dol- lars annually for seven years, and such annual subscribers who have paid up their subscriptions shall then be entitled to life mem- bership. And similar subscriptions may from time to time be re- ceived by the directors of any house of refuge, toward its main- tenance and support; and they shall have power to collect any 266 THE LAWS OP subscriptions heretofore made for the use and benefit of any such institution ; and this act shall not disturb any rights and privileges enjoyed by subscribers to a house of refuge under any former act. (2.) Sec. 2. Board of directors, their appointment, etc. Any house of refuge already established, or that may hereafter be established, shall be under the direction and control of a board of directors, consisting of nine members — throe appointed by the city council,, two by the court of common pleas, and two by the supe- rior court of the county in which such house of refuge may bo situated; and in counties in which there is no superior court, the city council shall appoint five directors, and the seven members so appointed shall by advertisement for six days in two daily pa- pers, or by notice through the post-OfHce of the city where such house of refuge may be situated, call a meeting of the subscribers to such house of refuge for the appointment of two directors ; and in case the subscribers fail to appoint, the directors already ap- pointed shall, after taking an oath of office before the mayor, or- ganize and appoint two directors. The directors shall hold their offices for three years, and until their successors are chosen and qualified. Vacancies which may happen by death, resignation or otherwise, in the board, shall be filled by the remaining members, and in case the city or subscribers fail to fill any place vacated by the termination of any appointment within one month thereafter, such vacancies shall be filled by the board. Any director of a house of refuge now in office shall continue in office till the ex- piration of their respective appointments, and until their success- ors are chosen and qualified. (3.) Sec. 3. Their powers and duties. A majority of the whole number of directors shall have power to suspend or remove from office any one of their own number, for misconduct in office ; and may at any time remove from office any one of their own number for misconduct. A majority of the board shall be a quorum ; they shall have power to appoint a president and treasurer, and employ such clerks and officers as are needful, and fix their salaries ; and make contracts for supplies, improvements and labor of inmates ; and to make, establish and enforce rules and regulations for the government and control of such house of refuge, its officers and inmates, and the government of the board. But such rules and regulations shall not be in force until approved by the court of common pleas of the county, the mayor of the city, and, if there be a superior court in such county, by the superior court of the county. The approval of the mayor shall be evidenced by his MUNICIPAL CORPORATIONS. 267 official signature ; and that of the courts by an entry on their journal. They shall make yearly report to the legislature of the state of Ohio, and the city council, of the fiscal affairs, the man- agement, condition and influence of such house of refuge, with statistics of the age, nativity, cause of commitment, progress and disposal of all infants under their care ; and severally they may do whatever the interests of such house of refuge may require: Provided, that it conflicts with no existing law of the state of Ohio, or ordinance of the city in which such house may be situated. (4.) Sec. 4. Tax. The city council shall cause to be levied and collected, annually, a tax sufiicient to raise such sum as the board of directors of any house may certify to be necessary for the maintenance and support of such house of refuge, not exceed- ing in any one year three-fourths of a mill on the dollar of taxable property; and the money so raised shall be held by the city treas- urer, subject to the drafts of the board of directors, in such man- ner as the board may by rules provide ; and the city alone shall be liable for the debts of such house of refuge ; but no tax shall ever be levied on any property owned or held for the use and benefit of such institution ; and the city treasurer shall not be en- titled to any extra fee or salary for the keeping and disbursement of any funds for a house of refuge. (5.) Sec. 5. Visitation. The general assembly of Ohio, by a committee, the city council, by a committee, the mayor of the city, the judges of the court of common pleas and superior court, the grand jury of the county, and the judges of the supreme court of Ohio, may, at any time, visit and inspect any house of refuge, and examine the books and accounts of the same. (6.) Sec 6. What infants to be received as inmates. It shall be lawful for the board of directors of any house of refuge, at their discretion, to receive into their care and guardianship, infants un- der the age of sixteen years, committed to their custody in either of the following modes, to wit : 1. Infants commitCed by any justice of the peace within the county, by the mayor of the city, the judge of the police or other municipal court, any judge of the court of common pleas of the county, the probate judge of the county, and in those counties in which there may be a superior court, by any judge of such su- perior court, on the complaint and due proof thereof by the pa- rent, guardian, or next friend of such infant, that, by reason of incorrigible or vicious conduct, such infant has rendered his or her control beyond the power of such parent, guardian, or next 268 THE LAWS OP friend, and made it manifestly requisite that, from regard to the future welfare of such infant, and for the protection of society, he or she should be placed under the guardianship of the board of directors of such house of refuge. 2. Infants committed by the authorities aforesaid, where com- plaint and due proof have been made that such infant is a proper subject for the guardianship of the directors of a house of refuge, in consequence of vagrancy, or of incorrigible or vicious conduct, and that from the moral depravity, or otherwise, of the parent or guardian, or next friend, in whose custody such infant may be, such parent, guardian, or next friends is incapable or unwilling to exercise the proper care and discipline over such incorrigible or vicious infant. 3. Infants who are destitute of a suitable home and of adequate means of obtaining an honest living, or who are in danger of being brought up to lead an idle and immoral life, may be com- mitted to the guardianship of the directors of a house of refuge, by the trustees of any township within the county in whijch such house may be situated, or by the mother, when the father is dead, or has abandoned his family, or does not provide for their sup- port, or who is an habitual drunkard. (7.) Sec. 7. What infants to be received as inmates. Any infant under the age of sixteen years who shall, under existing laws, or those hereafter enacted, be liable to confinement in the- jail of any county in which a house of refuge may be situated, or in the pen- itentiary of the state of Ohio from any such county, may, at the discretion of the court, or magistrate giving sentence, be placed in such house of refuge until of legal age, under the exclusive control and guardianship of the directors of such house. (8.) Sec. 8. If any accusation of the commission of any crime shall be made against any infant under the age of sixteen years, before any grand jury of the county in which such house of refuge may be situated, and the charge appears to be supported bj' evi- dence sufficient to put the accused upon a trial, the grand jurors may, in their discretion, instead of finding an indictment against the accused, return to the court that it appears to them that the accused is a suitable person to be committed to the guardianship of the directors of the house of refuge, and the court shall there- upon order such commitment.' (9.) Seo. 9. If any infant under the ago of sixteen years shall 'This section is not in violation of the provisions of the constitution secur- ing a trial by jury. IPrescoU v. The State, 19 Ohio St. 184.] MUNICIPAL CORPORATIONS. 269 be arraigned for trial in any court having criminal jurisdiction, in any county in which a house of refuge may be situated, on a charge of any criminal violation of any law of this state, or ordi- nance of the city, the judge may, with the consent of the accused, arrest, at any stage of the cause, any further proceedings on the part of the prosecution, and commit the accused to the guardian- ship of the directors of the house of refuge. (10.) Sec. 10. Trial of infants for crimes. All infants under the age of sixteen years who may be accused of any offenge punish- able by imprisonment, in any county in which a house of refuge may be situated, shall be entitled to a private examination and trial, to which only the parties to the case shall be admitted, un- less one of the parents, the guardian, or other legal representative, demand a public trial, in which case all proceedings shall be in the usual form. (11.) Sec. 11. Commitment pending an accusation. All infants under the age of sixteen years who may be committed, in any county in which a house of refuge may be situated, for trial, or as a witness, shall be placed in the house of refuge, subject to the order of the court making such commitment, and in no case in the county jail. (12.) Sec. 12. Disposition of infants when house is full. If, at any time, any house of refuge shall have as many infants under its charge as can be conveniently accommodated therein, or as many as the funds of the house are adequate to maintain, the directors shall not be required to receive other infants, but shall order their chief officer to return that fact to any magistrate, court or person authorized to execute a commitment, who shall send an infant to the house; and thereupon the case of such infant shall be disposed of, as if this law had not been enacted, and as if no proceedings had taken place under it. (13.) Sec. 13. Statement to accompany the commitment. In all cases where an infant is committed to the instruction and disci- pline of a house of refuge, under the guardianship of the directors thereof, the person executing such commitment shall, at the same time, furnish to the directors or officers of such house of refuge a true statement, in writing, of the age of such infant, and the rea- son for executing such commitment; and until such commitmeu't is furnished, the directors or officers aforesaid may decline receiv- ing such infant. (14.) Sec 14. Form, of record. In all cases where the com- mitment is executed by |any official person whose proceedings are usually evidenced by a record, or where the occasion of the 270 THE LAWS OP commitment is a criminal charge against the infant; no other record shall be made, unless demanded by the infant, or his parent, or guardian, than that, in substance, such infant (nam- ing him), who, on a day therein named, was of the age of — years, having been brought before such court or officer, and the court or officer having ascertained by the testimony, of wit- nesses therein named, was a suitable person to be committed to the discipline and instruction of the house of refuge, under the guardianship of the directors thereof, such infant was so commit- ted, and delivered to the charge of such directors. (15.) Seo. 15. Term of commitment; manner of employment; apprenticeship. No commitment of an infant to a house of refuge shall be for a shorter period than till such infant shall be reformed or attain the age of majority, except in case of infants committed to await their trial, or as witnesses, and except in such cases as the directors may, by their general rules, provide ; but any infant, by whomsoever committed, or for whatever cause committed, may at any time be discharged upon the order of the board of directors, duly entered upon their minutes. The directors shall have power to place such infants committed to their care, during their minor- ity, at such employment, for account of the institution or other- wise; and cause thom to be instructed in such branches of useful knowledge as may be suitable to their years and capacities ; and they shall have power, at their discretion, to bind out the said infants, with their consent, as apprentices during their minority, to such persons, and at such places, to learn such proper trades and employments, as in their judgment will be most conducive to their reformation and amendment, and as will tend to the future benefit and advantage of such infiants; and the directors shall, for such purpose, have power to appoint a committee of one, or more, of their own number, with power to execute and deliver, on behalf of the board, indentures of apprenticeship for any infant in such institution whom they may deem a proper person for an appren- ticeship; and such indentures shall have the like force and effect as other indentures of apprenticeship under the laws of Ohio. The indentures shall he filed and kept in the office of such house of refuge, and it shall not be necessary to file or record them in any other place or office. (16.) Sec. 16. Cancellation of indenture. In case any infant so apprenticed shall prove untrustworthy and unreformed the direct- ors may, at their discretion, permit such infant to be returned to such house of refuge, to be held in the same manner as before said apprenticeship, and may thereupon order the indentures for such MUNICIPAL CORPORATIONS. 271 infant to be canceled. And if, in the opinion of the directors, any- infant apprenticed out by them shall have an unsuitable home, or if the person to whom such infant is indentured shall become unfit or incapable to properly raise or take care of such infant, the directors may, at their discretion, return such infant to the insti- tution from which it was indentured. (17.) Sec. 17. Inmates escaping. Any fugitive from a house of refuge, or a fugitive from apprenticeship under indentures executed by the directors of such house of refuge, may be arrested and returned to such house by a shoriflf or constable of any county in this state, or police officer of the city, or oflScer of such house of refuge, on the written order of any two directors of such house, directed to such officer or officers; and any fugitive so arrested by a sheriif, constable, or police officer, may be delivered to the custody of such officer of a house of refuge as the directors may name. (18.) Sec. 18. Expenses, howpaid. The expenses of maintaining infants, committed to any house of refuge by a court or magistrate of the county in which such house of refuge may be situated, or by the police or other court of the city, for offense against any law of this state, or for trial, or as a witness in such cases shall be paid by the county: those of infants committed by township trustees shall be paid by the township, and those committed by parents and guardians, shall be paid by them, unless in cases where the directors shall otherwise determine; such expenses being accord- ing to rates fixed in the regulations of the board of directors. (16.) Sec. 19. Return of writ of habeas corpus in certain cases. It shall be a sufficient return to any writ of habeas corpus directed to any person or officer inquiring into the cause of the detention of any infant committed to a house of refuge, that the infant named in the writ was, on a day therein named, committed to the guard- ianship of the directors of the house of refuge in the city of by the person or officer who executed the commitment, naming him, until such infant should arrive at legal age, and that that period has not arrived. Where a commitment has, in fact, been executed by a person authorized by this act to execute it, the ex- istence of the circumstances justifying its execution, shall not be otherwise examinable than in an action against the directors of such house of refuge, as provided in this act. (20.) Sec. 20. Infants wrongfully committed. If any parent, guardian, master, to whom an infant has been apprenticed, any person occupying the position of parent, protector or guardian, in fact, or any relative by blood or marriage, not further remote than first cousin to such infant, shall feel aggrieved by the commitment of 272 THE LAWS or any infant to the directors of a house of refuge, by any person authorized by this act to commit such infant, he shall malie a written application to the directors, at such time as the directors may, by rule or resolution, provide for hearing applications, not later than the next regular meeting of the board, to have the in- fant delivered to him; which application shall state the ground of the applicant's claim to the custody of such infant, and the reasons for claiming such custody. Within ten days after hearing such application the directors shall decide; and if they shall be of opin- ion that the welfare of such infant will be promoted by granting the application, they shall make an order to that effect; otherwise, they shall decline the application. The applicant may thereupon, upon first giving security for the payment of all costs, commence an action in the court of common pleas of the county, or in coun- ties in which there may be a superior court, in the superior court, for the recovery of the custody of such infant, against the directors of the house of refuge; which action shall be conducted in all re- spects as other actions are conducted under the code of civil pro- cedure. The costs of such action shall be paid by the applicant, unless the court shall certify, before the signing of the judgment, that the refusal of the directors to grant the application of the plaintiff was plainly unreasonable, or the original commitment manifestly improper and unnecessary. (21.) Sec. 21. Sale of real estate. The directors of any house of refuge shall have power to negotiate for the sale of any real estate owned or held by donation or purchase, or both, for the use and benefit of such house of refuge, when such real estate shall not be necessary for the accommodation of the inmates of such house of refuge; and upon the completion of such negotiations and their approval by the city council the directors shall present to the city council the terms and conditions of the sale agreed upon ; and the city council shall thereupon order the execution of such deed or deeds, for such real estate, to the parties named by the directors, in conformity to the terras agreed upon ; and the proceeds of such sale or sales shall be placed in the city treasury to the credit of the house of refuge fund, and be held and disbursed as other funds are held and disbursed for such house of refuge. (22.) Sec. 22. Suits. Actions may be brought by, and against the directors of the house of refuge at ; and process may be served by leaving a copy of the writ with any director, or at the office of the house of refuge, upon any officer. MUNICIPAL CORPORATIONS. 273 LICENSES. (1.) Acts authorizing the grants of certain licenses repealed. AN ACT to repeal so much of each and every act of the general assembly as empowers any incorporated city, town, village, or borough, within this state, to license groceries or coffee-houses, or in any manner confer the power to retail spirituous or in- toxicating drinks. [Passed March 7, 1842. 40 L., 53; S. & C, p. 1430.] (1.) Sec. 1. Acts repealed. Be it enacted by the General Assembly of the State of Ohio, That the act entitled " an act to authorize the corporation therein named to grant licenses, etc.," passed February eighteen, one thousand eight hundred and thirty, and so much of each and every act incorporating any city, town, village, or bor- ough, within this state, as confers the power upon any such incor- poration to license groceries or coffee-houses, or in any manner to authorize, the retailing of spirituous or intoxicating drinks, or to license any house of public entertainment, or resort whatever, be and the same is hereby repealed. OEPHAN ASYLUMS. (1.) Directors of infirmary in cities of first and second class may contract with trustees of or- phan asylums for support of orphans. AK ACT for the better management of orphan asylums. [Passed March 11, 1853. 51 L. 412; S. & C, p. 891.J * ******* (1.) Sec. 2. Concerning orphan asylums in cities of the first and second class. That in all cities of first or second class, in which orphan asylums have been or may be established by law or as private institutions, the directors of the city infirmary or other persons having charge of the poor in such cities, may make such arrangements with the trustees or the person having charge of the said asylums, for the support and education of all orphan or other children coming under their control by virtue of the laws in force at the time, as they may deem proper, and shall allow such com- pensation as may be reasonable and just, to be paid out of the poor fund of such city. 274 THE LAWS OF OFFICERS. (1.) Elections of justices and constablefl in (6.) Challenge of jurors. townships within limits of cities, etc. (6.) Trial, how conducted. (2.) Same number to be elected as were al- (7.) Kemoval of officer if found guilty; lowed to townships ; council to perform costs. duties of trustees. (8.) Who exempt from service as jurors. (3.) Charge against municipal oflBcer how (9.) Contracts by oflBcers not expressly au- made ; citation how issued and served. thorized, etc. (4.) Proceedings thereon. (10.) Binding upon officer personally. AN ACT supplementary to an act to regulate the election, contest of election, and the resignation of justices of the peace, passed March 11, 1853. [Passed March 29, and took effect May 1, 1859. 56 L. 81 ; 8. & C, p. 766.] (1.) *Seo. 1. [As amended, March 28, 1861. 58 L. 42; S. & S., p. 412.] Election of justices and constables in townships within limits of city, etc. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the corporate limits of any city or incorporated village are now or hereafter may become co-exten- sive with the limits of any township in which said city or incor- porated village is or shall be situated, and in which the township has been or may become merged in any city or incorporated vil- lage, the corporate existence of such township shall nevertheless continue for the purposes of electing their justices of the peace and constables for such township, who shall be voted for on the same piece of paper : Provided, that in cities of the first class, having a population less than eighty thousand inhabitants, which are of that class when this act takes effect, the corporate limits of which are co- extensive with the township in which the same is situated, justices of the peace and constables for such township shall be voted for on the same ticket with officers for such city. (2.) Sec. 2. Same number to be elected; council to perform the duties of trustees. In all such cases, justices of the peace and con- stables, to the number now allowed, or which may be hereafter allowed, to such township, may be elected by the qualified voters thereof, at the times and in the manner now or hereafter to be pre- scribed for the election of justices of the peace and constables in *Seo. 1. [As originally passed.] That in all cases where the corporate limits of any city or incorporated village are now or hereafter may become co-extensive with the limits of any township in which said city or incorporated village is or shall be situated, and »n caws in which the township has been or may become merged in any city or incorporated village, the corpo- rate existence of such township shall nevertheless continue for the purpose of electing therein justicea of the peace and constables for such township, who shall be voted for on the same piece of paper. MUNICIPAL CORPORATIONS. 275 Other townships, except that in townships wherein the office of township trustee has been abolished, all the rights, powers and duties in connection with such election devolving upon township trustees in other townships, shall be devolved upon and be per- formed by the city council of such city and the trustees of such incorporated village aforesaid. AN ACT to provide for the trial and removal of municipal officers from office; [Passed May 1, 1871, 68 L. 113.] (3.) Seo. 1. Charge of malfeasance, etc., in office; citation by probate judge. Be it enacted by the General Assembly of the State of Ohio, That on complaint in writing, under oath, filed with the probate judge of the county in which the corporation is situated, by an elector or citizen of the corporation, signed and approved by four other electors or citizens of said corporation, charging that any member of the council or alderman has received any compensa- tion for his services, directly or indirectly, as councilman, alder- man, committeeman, or otherwise, contrary to the provisions of section ninety-one of the act "to amend an act to provide for the organization and' government of municipal corporations, passed May 7, 1869, as amended April 18, 1870," or that any alderman, member of the council, or any officer of the corporation, is or has been interested, directly or indirectly, in the profits of any contract, job, work, or services, or is, or has been acting as commissioner, ar- chitect, superintendent or engineer in any worli undertaken or pros- ecuted by the corporation, contrary to the provisions of section ninety-two of the municipal code entitled "an act to provide for the organizalion and government of municipal corporations,'' passed May 7, 1869, or that any alderman, member of council or any officer of the corporation has been guilty of misfeasance or malfeasance in office, the probate judge shall forthwith issue a citation to said party, charged in said complaint, for his appear- ance before said probate judge within ten days from the filing of said complaint, and also furnish the accused and city solicitor with a copy of said complaint ; provided, that the probate judge shall require the party complaining to furnish sufficient security for costs before acting upon such complaint. (4.) Sec. 2. Proceedings thereon. That on the day fixed by said probate judge for the return of said citation, it shall bo the duty of the city solicitor to appear on behalf of said complaint to con- duct the prosecution, and the accused may also appear by counsel, and a day shall be set for hearing the case, not more than ten days distant, and if a jury be demanded by either party, the probate 276 THE LAWS OP judge shall direct the summoning of twelve men in the same man- ner as is provided in chapter forty-seven, section five hundred and seventeen, of the act to provide for the organization and govern- ment of municipal corporations, passed May 7, 1869 ; provided, that in villages and cities in which there is no office of city soli- citor, and where the city solicitor shall be accused of any mis- feasance or malfeasance in his office, it is hereby made the duty of the prosecuting attorney of the county, to appear on behalf of said complainant to conduct the prosecution. (5.) Sec. 3. Challenge of jurors. That on the day fixed for the trial of said case, if a jury is impaneled, either party may, in addition to the peremptory challenge now allowed by law in other cases, for good cause, object to any juryman summoned, and any vacancies occurring for any cause may be filled by the probate judge from the bystanders, until the panel is full, unless the party charged, or his counsel, shall demand a special venire to fill such vacancy. (6.) Sec. 4. The trial. That on the day designated for the trial, it shall take place, unless continued on affidavit, for good cause shown, to another fixed time, not exceeding ten days; and on the trial it shall be the duty of the city solicitor to appear for the prosecution, examine witnesses designated by the complain- ant and such others as he may discover, and either party may have process from the probate judge to compel the attendance of witnesses. (7.) Sec. 5. Removal of officer if found guilty ; costs. Should the charges in the complaint aforesaid be sustained on the trial by the verdict of the jury, or the decision of the probate judge when there is no jury, the probate judge shall en'er the charges and findings thereon upon the record of the court, and make an order removing said officer from office, and forthwith transmit a certified copy of the same to the president of the council, when the vacancy shall be filled as is now provided by law; the cost and ex- penses of the trial shall be charged upon the party filing the com- plaint, the accused, or the municipal corporation, or distributed a^:^ong them as the judge may see fit to direct, and shall be col- lected as in like cases; provided, that if proceedings in error shall be instituted by the officer complained of, to reverse or vacate the order of the probate court, the officer removed shall not exercise the functions of his office until such order be finally reversed or vacated; provided, no costs or expenses shall be charged to the accused, if upon such trial he shall bo acquitted. Sec. 7. [6.] This act shall take effect from and after its passage. ' MUNICIPAL CORPORATIONS. 277 ■AN ACT relating to jurors. [Passed March 30, and took effect May 1, 1859. 56 L. 92 ; S. & C, p. 760.] ********* (8.) Sec. 2. Who exempt from serving as jurors. That hereafter active members of fire engine, hook and ladder companies or other companies for the extinguishment of fire or the protection of prop- erty at fires, shall, during the time they may continue active mem- bers of any such companies, be exempted from serving as jurors; that all clergymen and priests, physicians, and all public officers, while in office, shall be excused from serving as jurors ; excepting in incorporated villages having less than twelve hundred inhab- itants. AN ACT to limit the power of public officers and agents in mak- ing contracts. [Passed and took effect March 30, 1857. 54 L. 77 ; S. & C, p. 889.] (9.) Sec. 1. Contracts by officers and agents not expressly author- ized, etc. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any officer or agent of the state, or of any county, township, city or incorporated village therein, who may be intrusted with the construction, improvement or keeping in repair, any public building or work of any kind, or with the management or providing for any public institution of whatsoever kind, to make any contract or contracts binding or pur- porting to bind the state or any such county, township, city or incorporated village, to pay any sum or sums of money not pre- viously appropriated for the purpose for which such contract or contracts are made and remaining unexpended and applicable to such purpose; unless such officer or agent shall be lawfully and expressly authorized to make such contract or contracts. (10.) Sec. 2. They bind only officer personally . It any such officer or agent shall make, or participate in making, any contract con- trary to the provisions of the foregoing section, he shall be held personally liable for the performance thereof; but the state, county township, city or incorporated village, in behalf of which the same purports to have been made, shall not be liable for the perform- ance thereof. Sec. 3. This act shall take effect from and be in force from and after its passage. 278 THE LA^ws or PAEKS. (1.) Board of commissioners in cities of the (6.) No money to be paid without certain first class having more than one hun- statements, dred and fifty thousand inhabitants, (7.) How contracts to be let. (2.) Meetings of board, rules, etc. (8.) Liabilities in excess of funds, etc. (3.) Minutes of the proceedings, officers, etc. (9.) Moneys, how paid out. (4.) Powers of board. (10.) Board to make reports and estimates. (5.) No commissioner to be interested in con- tract ; proceedings on charge, etc. AN ACT for the regulation of parks in cities of the first class having a population of more than one hundred and fifty thou- sand inhabitants. [Passed May 1, 1871. 68 L. 98.] (1.) Sec. 1. Board of park commissioners. Be it enacted by the General Assembly of the State of Ohio, That the improvement and control of all parks in cities of the first class having a population of more than one hundred and fifty thousand inhabitants, shall be vested in a board of park commissioners, which shall consist of nine members, to be appointed by the mayor, by and with the consent of the common council. They shall hold office for the term of three years, and the terms of those first appointed shall be respectively, for one year, for two years, and for three years, so that thereafter there shall be three appointed each year ; pro- vided, that the members of the existing board shall be members of the board created by this act for the remainder of their respect- ive terms. The said commissioners shall be residents of the county in which a city of the first class, as aforesaid, is situated ; and not less than six of the members of said board shall be appointed from the electors of such city. All vacancies in the board caused in any other manner than by the expiration of the terms thereof shall be filled by the board for the unexpired term. All vacancies caused by the expiration of terms shall be filled by the mayor, by and with the consent of council, and all members of the board shall serve without compensation. (2.) Sec. 2. Meetings of the hoard. The regular meetings of the board shall be held monthly or oftener, at the discretion of the chairman, and notice thereof shall be sent to the members at least three daj's previous. It shall be lawful for any three members of the board to call special meetings in the same manner as regular meetings are held, and a majority of the board shall bo a quorum to transact business. The yeas and naj-s shall be taken on any question involving the purchase or lease of land, the making of any contract, or the expenditure of money, and entered upon their minutes ; and it shall require a majority of all the members ap- pointed to said board to authorize any such act. MONICIPAL CORPORATIONS. 279 (3.) Sec. 3. Minutes of the proceedings. The board shall cause accurate minutes to be kept of all their proceedings, copies of which, certified by the clerk, shall be received as evidence. They shall have power to employ a clerk, and such officers and employes as they may deem necessary, fix their salaries, and prescribe their duties. They shall also have power to make contracts for the im- provement of the grounds, and the erection of the necessary struct- ures thereon. (4.) Sec. 4. Powers of the board. The board shall have power to adopt rules for their government, and for the cai'e, protection and government of the parks under their charge; and such rules, when approved by the common council, shall have the same effect and may be enforced by the same penalties as ordinances of the city; nor shall any commissioner, or any other person, whether in the employ of the board or otherwise, have any power to create any liability on account of said board, or the funds under its con- trol, except by express authority of the board, conferred at a meet- ing thereof, duly and regularly convened. (5.) Sec. 5. No commissioner to be interested in contracts, etc. No commissioner, officer, or employe of said board, or member of the common council, or officer of the city government, shall be directly or indirectly interested in any contract, or work of any kind what- ever relating to the improvements of any park, and any contract or work in which any such person shall have an interest, shall be void. It shall be the duty of any commissioner, or any other per- son having knowledge or information of the violation of this sec- tion, forthwith to report the facts to the board of commissioners. The board shall give reasonable notice to the parties interested, and at the earliest convenient day investigate the same, and hear the evidence offered on both sides. They shall have power to com- pel the attendance of witnesses and the production of books and papers, and the presiding officer shall have authority to adminis- ter the necessary oaths. If any commissioner be involved in the charge, such commissioner or commissioners shall not again sit or vote in the board, until the result of the investigation shall be de- termined, announced, and entered on the minutes of the board. A majority of the board, not involved in the charge, shall be suffi- cient to decide the questions. If any commissioner shall be found, upon such inquiry, to have violated the provisions of this section, such finding shall at once operate as an expulsion from the board, and such place or places shall be deemed vacant. If any contract shall be found to violate the provisions of this section, it shall at once become void and of no effect, and no money shall be paid for 280 THE LAWS or services rendered or materials furnished under the same. The findings and orders of the board under this section shall be con- clusive and binding, until set aside by legal proceedings, instituted and conducted according to the recognized methods of legal pro- cedure, in a court of competent jurisdiction. (6.) Sec. 6. Names of contractors to be filed, etc. No money shall be paid at any time to any person or persons, claiming under a contract with the board, until such person or persons shall have first filed with the board his or their statement under oath, the names of all persons directly or indirectly interested in said con- tract, or in the proceeds or profits thereof, declaring that no other person or persons, other than those named, are interested, and that no person forbidden by section five (5) has any interest in the same. Any person making oath to such statement contrary to tho truth, shall be deemed guilty of perjury, and liable to be prose- cuted and convicted therefor in any court of competent jurisdic- tion. (7.) Sec. 7. Public notice to be given of the letting of contracts, etc. No contract exceeding the sum of five hundred dollars shall be made without giving public notice for at least ten days, in some newspaper of general circulation in the city, of the time and place where proposals will be received ; contracts shall be made in writing in the name of the city, with the lowest and best bidders. Each contract shall be construed to contain a provision, that the board may order any alteration therein, addition thereto, or de- duction therefrom, by an order in witing, signed by a person duly authorized thereto, but no extra sum whatever shall be claimed by the contractor or contractors, unless the written order be produced, and also a memorandum, signed by such contractor or contractors, and some person duly authorized thereto by the board, fixing the sum to be allowed. For any reduction in the work to be done, no damages shall be allowed by reason of loss of profits. And all eon- tracts as aforesaid, or any alteration therein, shall be subject to the confirmation of the common council of such city. (8.) Sec. 8. Liabilities in excess of funds forbidden. The board shall have no power in any way to incur any liability beyond the amount of the funds which may have been levied for park pur- poses, or appropriated to their order by council. And all purchases or leases of land for park purposes shall be made only by the com- mon council upon the recommendation of said board. (9.) Sec. 9. Park fund. All moneys derived from levies made for park purposes, and all moneys from the general fund appro- priated by council for such purposes, shall be placed in a special MUNICIPAL CORPORATIONS. 281 fund called the park fund, and shall be disbursed by the treasurer of such city, upon a warrant by the auditor, which shall be drawn in accordance with the order of the board, as certified to him by their clerk. (10.) Sec. 10. Meport of hoard. The said board shall annually make a full report to the common council of their proceedings, with a detailed account of their receipts and expenditures, at such time as council may direct. They shall also make out and forward to council, at any time that they may be required, an estimate of the amount of money necessary to carry on the improvements for the next year, and forward the same to council for their information in making the annual levy. Sec 11. The provisions of chapter twenty-seven of an "act to provide for the organization and government of municipal corpo- rations," passed May 7, 1869, [O. L., vol. 66, p. 149,] are hereby declared not to affect cities to which this act is applicable, and this act shall take effect from and after its passage. POLICE. (1.) Cities of first class having leas than (20,) 100,000 inhabitants may establish board of police. (2.) Appointment of ofBcers by board. (21.) (3.) Secretary of board and salary. (22.) (4.) Board to have entire control of police- men. (23.) (5.) General duties of police force; duty of (24.) superintnudent. (6.) Kules and regulations of board, appoint- (25.) ments, removals, vacancies, compen- (26.) sation, and salaries; fees and gifts prohibited; exceptions. (27.) (7) Charge against policeman, trial, suspen- sion, etc. (28.) (8.) Eoward, extra fees, etc., how disposed of. (9.) How disabled policemen supported. (29.) (10.) Board may divide city into precincts, and establish stations, etc. (30.) (11.) Special policemen. (31.) (12.) Additional patrolmen, how appointed, (32.) their powers and duties. (13.) Resignations, reappointment, etc., of (33.) policemen, (14.) How stolen property to be disposed of; (34.) registry of missing property and other records to be kept. (35.) (15.) How prisoners to be lodged ; reports of (36.) prisoners, trial, witnesses, bail, etc. (16.) Expenses of police force, how paid. (37.) (17.) Levy for police purposes ; how paid out. (38.) (18.) Police funds, how drawn from treasury. (19.) What expenses may be incurred by board ; books and accounts to be open to in- (39.) ion. (40.) Board to enforce ordinances, quell riots, etc. ; may issue subpoenas, administer oaths, etc. Oath of officer, etc. lleports by superintendent, secretary, and board. Police to be exempt from jury duty. Penalty for using personal violence on policemen. Removal of member of board. Commissioners and police not to be candidates for or hold other office. Council to levy tax for expense of po- lice. Appointment of deputy superintend- ent. Policeman not allowed to enter drink- ing saloon or gaming house. OiSce of marshal abolished. Statutes repealed, proviso, etc. How city to be districted and districtB changed. Election of commissioners and term of ofiBce. Powers of commissioners annulled and vested in mayor for a certain time. Power of mayor to suspend. Old rules and regulations to remain in force . Repealing clause. Police for cities of the second class hav- ing over 12,000 inhabitants ; duties of city marshal. Appointment of policemen. Repealing clause. 282 THE LAWS OF (41.) Proviso continuing existing police, (42.) Proviso continuing existing police. (43.) Act to apply to cities of second class from 11,000 to 12,000 inhabitants. (44.) Proviso continuing existing police. (45.) Police in cities of first class advanced to that grade between decennial periods. (46.) Police board, its powers and duties. (47.) Election of board. (48.) Term of oiHce of members of board; vacancies, how filled. '(49.) Mayor to be president ra oJfUno. (50.) Officers of board, salaries, etc. (51.) Powers of board ; suspenpions, remov- als, etc. (52.) Ineligibility to other offices ; removal from office. (S3.) Further duties of board. (54.) Expenses limited. (,■15.) Daily, monthly, and annual reports, (5G.) Metropolitan police superseded. (57.) Limitation of certain acts. (58.) Limitation of certain other acts. AN ACT authorizing the appointment of metropolitan police com- missioners in cities of the first class, with a population of less than one hundred thousand inhabitants at the last federal census. • [Passed April 5, and took effect May 1, 1866. 63 L. 104 ; S. & S., p. 816,] (1,) *Sec, 1. [As amended, April 2, 1868, 65 L, 45.] Cities of first class of less than 100,000 inhabitants may establish police board. Be it enacted by the General Assembly of the State of Ohio, That all powers and duties connected with, and incident to the government and discipline, in cities of the first class with a population less than one hundred thousand inhabitants at the last federal census, shall be as hereinafter more especially pro- vided, vested in and exorcised by a board of police in each city, composed of four commissioners of police, together with the mayor of said cities, who shall bo ex officio a member of said board and the president thereof, a majority of whom shall constitute a quorum for the transaction of business, fSECs. 2, 3, and 4 repealed by act of April 2, 1868. [65 L. 45 ; S. & S,, pp, 811, 815,] *Sec. 1. [As originally passed.] Cities of first class of less Hian 100,000 iuhabUanis may establish metropolitan police. That all powers and duties connected with and incident to the government and discipline, in cities of the first class with a population of less tlian one hundred thousand inhabitants at the last federal ceusuB, shall be as hereinafter more especially provided, vestt-'d in and exercised by a board of metropoUtan police in each city, composed of four commissioners of metropolUan police, together with the mayor of said cities, who shall be, ex officio, a member of Baid board, a majority of whom shall constitute a quorum for the transaction of business. fSEC. 2. [As originally passed.] CommissioaerB, how appointed, term ofojice. Immediately upon the passage of this act, and thereafter, from time to time, as required by this act, there shall be appointed by the governor, by and with consent of the senate (provided during any recess of the senate the governor ma; appoint, subject to the thereafter consent of the same,) from the qualified electors in each of the said cities, four freeholders, who, together with the mayor, ex officio^ shall be the chief officers of said mutropolitau police, one of which commissioners so ap- pointed by the governor, shall hold office for the term of two years, ami which shall expire on the first day of May, eighteen hundred and sixty-eight (18G8), one of which commissionei-s so ap- pointed shall hold office for the term of four years, and which shall expire on the first day of May, eighteen hundred and seventy (1870), one of which commisaiouers so appointed shall hold office for the term of six years, and shall expire on the first day of May, eighteen hundred and seventy-two (1872), one of which commissioners so appointed shall hold office for the term of eight years, and shall expire on the first day of May, eighteen hundred and seventy-four (1874:). Sec. 3. Vacancies filled by governor. The term of office of each of said commissioners of metro- MtJNICIPAI/ CORPORATIONS. 283 (2.) * Sec. 5. [As amended, J^ril 2, 1868. 65 L. 45 ; S. & S., p. 812.] Appointment of officers by the board. The said board of police shall at any time have power to appoint a superintendent of the police force, a captain of police, and one captain in addition for each fifty patrolmen called into service more than the first fifty, and a sergeant of police to each twelve patrolmen, and also regular or compensated patrolmen, not exceeding one to each one thousand inhabitants, asjshown by the last federal census ; provided, that the number of said patrolmen may be increased by and with the con- sent of the city council ; and, provided also, that the said board shall have the power, in cases of emergency, to appoint as many special patrolmen as they may think proper, but such appointment shall be reported to and be subject to the action of the city council at its next meeting. The board may, from the patrolmen, appoint detectives, not exceeding three in number, one of whom shall be designated as chief of detectives, who shall act as secret police or detectives, and may, each, receive an additional compensation of one hundred dollars per year; and when, from any cause a va- cancy shall exist in the number so first appointed, the board may appoint to such vacancy the patrolman which the record required to be kept, as hereinafter provided, shall show to be most meritorious. Said board shall also have power to remove any super- intendent, captain, or chief of detectives, and for cause to be assigned ■ on a public hearing, and on due notice according to rules to be promulgated by them, to remove or suspend from ofiice, or for a definite time deprive from pay, any other member of such police force, to make rules and regulations for the discipline and govern- ment of said force, and shall cause the same to be published : and to make and promulgate general and special orders to said force, through the superintendent of police. politan police, after the respective termination of the terms aforesaid, shall be eight years, and the governor shall appoint, by and with the advice and consent of the senate, (provided, that during any recess of the senate the governor may appoint, subject to the thereafter consent of the same,} from the qualified electors and freeholders of said city, a Buccessor to the person whose term shall be about to expire as such commissioner. Any vacancy caused by the death, removal, or resignation of any commissioner in said board, .shall be filled for the unexpired term by the governor, as aforesaid. Sec. 4. Oath required of commmwners. The persons severally appointed commissioners of metropolitan police by virtue of this act, shall before exercising the duties thereof, be duly sworn to a faithful performance of the same, and file in the office of the secretary of state a cer- tified copy of such qualification. *Sec. 5. [As originally passed.] Anointment of suiperintendent, captain, pairolmen, and detectives; board rrtay have potver to remove, su^end, etc., any member of police force. The said board of metropoli- tan police shall at any time have power to appoint a superintendent of the police force, a captain of police, and one captain in addition for each fifty patrolmen callyd into service more than the first fifty, and a sergeant of police to each twelve patrolmen, and also regular or compensated patrolmen not exceeding one to each one thousand inhabitants as shown by the last federal 284 THE LAWS OF (3.) H^Sec. 6. [As amended, April 2, 1868. 65 L. 45 ; S. & S., p. 812.] Secretary of hoard and Ms salary. That said board shall appoint some suitable person to act as secretary, who shall receive such annual salary as may be determined upon by the board of police, and shall perform such duties as are hereinafter provided, and shall hold his office during the pleasure of said board. (4.) Sec. 7. Board to have entire control of policemen. Said board shall assume and exercise the entire control of the police force of said city, and shall possess full power and authority over the police organization, government, appointments and discipline within said cities. It sh^U have the custody and control of all public property, books, records and equipments belonging to the police department, and shall have power to erect and maintain all such lines of telegraph in such places within the said city, as for purposes of police the board shall deem necessary, whenever the common council shall authorize the establishment of such tele- graph line or lines, and provide for the cost thereof. (5.) fSEC. 8. [As amended, April 2, 1868. 65 L. 45; S. & S., p. 812.] General duties of police force; duties of superintendent. It census : provided, that the number of said patrolmen may be increased by and with the consent of the city council; and provided also, that the said board shall have the power, incases pf emergency, to appoint as many special patrolmen as they may think proper, but such appoint- ment shall be reported to and be subject to the action of the city council at its next njeeting The board may, from the patrolmen, appoint detectives, not exceeding three in number, who shall act as secret police or detectives, and may each receive an additional compensation of one hundred dollars per year ; and when from any cause a vacancy shall exist in the number so first appointed, the board may appoint to aaid vacancy^ the patrolman which the record required to be kept, ba hereinafter provided, shall show to be most meritorious. Said board shall also have power, fur cause to be assigned on a public hearing, and on due notice according to rules to be promulgated by them, to remove or suspend from office, or for a definite time deprive from pay, any member of such police force, (o make rules and regulations for the discipline and gov- ernment of Siiid force, and shall cause the same to be published ; and to make and promulgate general and special orders to said force, through the superintendent of police. * Sec. 6. [As originally passed.] President and aecretanj of board. The said board shall appoint one of their own number to act aspresidentf and some other person to act as secretary, and Uie secretary shall receive such annual salary as may be determined upon by the board of police, and shall perform such duties as are hereinafter provided, and shall hold his ofiQce during the pleasure of said board. f Sec. 8- [As originally passed.] .General duties of police; qualiJJ cations, mspomons, removals, etc. It shall be the duty of the board of police and of the force hereby constituted, at all times of the day and night, within the boundaries of the said cities, to preserve the public peace, to pre- vent crime and arrest offenders, to protect rights of persous and property, to guard the public health, to preserve order, to remove nuisances existing in public streets, roads, places and high- ways, to report all leaks or other defects in watcr-pipt-s and sewers to the proper authorities, to provide a proper force at every fire, in order that thereby the firemen and property may bo pro- tected, to protect strangers and travelers at steamboat and ship landings and railway stations, and generally to obey and enforce all ordinances of the city council, criminal laws of the state and United States, Whenever any crime shall be committed in said cities, and the person or persons accused or suspected of being guilty shall fleo from justice, the said board of police may, in their discretion, authorize any person or persons belonging to the police force to pursue and arrest such accused or suspected person or persous, and return them to the proper criminal court having jurisdiction of the offense, for trial. MUNICIPAL CORPORATIONS. 285 shall be the duty of the board of police, and of the force hereby constituted, at all times of the day and night, within the bounda- ries of said cities, to preserve the public peace, to prevent crime, and arrest offenders, to protect rights of persons and property, to guard the public health, to preserve order, to remove nuisances existing in public streets, roads, places and highways, to report all leaks or other defects in water-pipes and sewers to the proper authorities, to provide a proper force at every fire, in order that thereby the firemen and property may bo protected, to protect strangers and travelers at steamboat and ship landings and rail- way stations, and generally to obey and enforce all ordinances of the city council, criminal laws of the state and of the United States. Whenever any crime shall be committed in said cities, whether the person or persons accused or suspected of being guilty shall flee from justice or not, the superintendent of police shall imme- diately report to the chief of detectives all facts which may have come to his knowledge concerning the offense, or the accused or suspected parties; and the board of police may, in their discretion, authorize any person or persons belonging to the police force to pursue and arrest such accused or suspected person or persons, and return them to the proper criminal court having jurisdiction of the offense for tr^al. (a.) *Sec. 9. [As amended, April 2, 1868. 65 L., 45 ; S. & S., p. 812.] Rules and regulations of board ; appointments, removals, vacancies, compensation and salaries; fees and gifts prohibited; ex- ceptions. The qualification, enumeration and distribution of duties, * Sec. 9. [Ab originally passed.] Vacancy in o^§ice of capUiin, how filled ; no comjjensation to com- miBBioners; salary of stvperiniendeni, captain, palrobnen, etc.; feet, gift, present, etc., to police forbidden except by consetti of board. The qualification, enumeration and distribution of duties, mode of trial and removal from office of each member of said police force, shall be particularly defined and prescribed by rules and regulations of the board of police ; and no person shall be appointed to or hold office in the police force aforesaid, who is not a citizen of the United States, and a resi- dent of the state of Ohio, or who shall ever ham been convicted of crime; and provided, that noperson shall be removed therefrom except upon written charges preferred against him to the board of police, and after an opportunity shall have been afforded him of being heard in his defense ; but the board of police shall have power to suspend any member of the police department of the city, pending the hearing of the charges preferred against him ; and provided, that whenever any vacancy shall occur in the office of captain of police, the same may be filled by an appoidt- ment from among the persons then in the force as sergeants of police, and a like vacancy in the office of sergeant of police may be filled by appointment from among the persons then in office as police patrolmen. The police commissioners shall receive no compensation for their services during their term of office. The superintendent of police shall receive a salary of not exceeding fifteen hundred dollars per annum. Each captain shall receive a salary of not exceeding one thousand dollars per annum, and each sergeant a salary not exceeding nine hundred dollars. The pay of each police patrolman shall not exceed the sum of eight hundred dollars per annum . The pay in all cases shall be fixed by said board of metropolUmi police commissioners. The sala- ries shall be paid monthly to each person entitled thereto. No member of the board of police or the police force shall receive or share in for his own benefit, under any pretense whatever, any present, fee, gift, or emolument for police service, other than the regular salary and pay pro- vided by this section, except by the unanimous consent of the board of metropolitan police ; nor 286 THE LAWS or mode of trial and removal from office of each member of said police force, except as provided in section five, shall be particularly defined and prescribed by rules and regulations of the board of police ; and no person shall be appointed to or hold office in the police force aforesaid, who is not a citizen of the United States and a resident of the city ; and provided, that no sergeant or patrol- men shall be removed therefrom except upon written charges pre- ferred against him to the board of police, and after an opportunity shall have been afforded him of being heard in his defense; but the board of police shall have power to suspend any member of the police department of the city, pending the hearing of the charges preferred against him ; and provided, that whenever any vacancy shall occur in the office of captain of police, the same may be filled by an appointment from among the persons then in the force as sergeants of police, and a like vacancy in the office of sergeant of police may be filled by appointment from among the persons then in office as police patrolmen. The police commis- sioners shall receive no compensation for their services. The superintendent of police shall receive a salary of not exceeding fif- teen hundred dollars per annum. Bach captain shall receive a salary of not exceeding one thousand dollars per annum, and each sergeant a salary not exceeding nine hundred dollars. The pay of each police patrolman shall not exceed the sum of eight hun- dred dollars per annum. The pay in all cases shall be fixed by said board of police commissioners. The salaries shall be paid monthly to each person entitled thereto. No member of the board of police, or of the police force, shall receive, or share in for his own benefit, under any pretense whatever, any present, fee, gift or emolument, for police service, other than the regular salary and pay provided by this section, except by the unanimous consent of the board of police ; nor shall any such member receive or share in any fee, gift or reward fronv any persons who may become bail ior the appearance of any arrested, accused or convicted person, or who may become surety for any such person on appeal from the judgment or decision of any court or magistrate, or any fee, gilt or reward, in any case, from an attorney at law who may shall any such member roceivo or share in any fee,] gift, or reward from any persons who may become bail for the appearance of any arrested, accused or convicted person, or who [may] be- come surety tor any such person on appeal from the judgment or decision of any court or magis- trate, or any fee, gift or reward, in any case, from any attorney at law who may prosecute or defend any person arrested or prosecuted for any offense within the county in which such cities may be situated ; nor shall any such member, either directly or indirectly, interest himself or interfere in any manner whatever, in the employment or retainer of any attorney to aid in the defense of persons arrested or accused ; and for any violation of either of the foregoing pro- visions, the person so offending shall be immediately removed from the police force. MUNICIPAL CORPORATIONS. 287 prosecute or defend any person arrested or prosecuted for any oflfense within the county in which such cities may be situated ; nor shall any member, either directly or indirectly, interest himself or interfere in any manner whatever, in the employment or re- tainer of any attorney to aid in the defense of persons arrested or accused ; and for any violation of either of the foregoing provi- sions, the person so offending sliall be immediately removed from the police force. (7.) Sec. 10. [S. & S., p. 186.] Charge against policemen, trial, sus- pension, etc. Any citizen of such city, with a view to the trial and suspension or removal from office of any officer or patrolman of the police force, may on oath, in writing, prefer or make before the board, charges or complaint touching the character and com- petency, or affecting the acts, conduct or omission of such officer or policeman, or for violation of or misconduct, as defined or pre- scribed by the rules and regulations of the board ; and said board, after reasonable notice, in the discretion of the board, to the per- son charged, shall proceed to the trial of said officer or policeman on such charges or complaint, and shall have power to and shall issue subpenas, attested in the name of the president of the board, to compel the attendance of witnesses, to administer oaths and affirmations, and generally shall, for the purposes of such trial, have and exercise the powers and duties of justices of the peace in civil cases, so far as tte same are applicable, and may make an order of removal or suspension for some certain period. If, on such trial, said charges or complaint shall be sustained, such officer or police- man shall pajj- the cost of such proceedings, and the same may be deducted and withheld from his pay, and in case of his suspension, his pay shall also cease from the date of the charges and during the period of suspension. In trials under this section, the same costs shall be charged and taxed as in trials before justices, and be collected on execution, to be issued by the police clerk of said cities on certificate of the same by the board, and order for execution, said costs when collected to be paid to the treasurer of the board for the benefit of those concerned ; but the board shall not tax or receive any lees for themselves or for any member thei-eof. (8.) *Sec. 11. [Asamended,,April2,1868. 65L.45; S. &S.,p. 813.] *Sec. 11. [As originally passed.] Rewards, fees, etc., how disposed of. All rewards, fees, pro- ceeds of gifts and emoluments that may be allowed by the board of police, to be paid and given for or on account of extraordinary services of any momber of the police force, and all moneys arising from the sale of unclaimed property or money shall be paid into the city treasury, and shall constitute a fund to be called the " police life and health insurance fund," and the persons who shall, from time to time, Jill the office of president of the board of police and that of the treasurer of the cities, are hereby declared the trustees of said fund, and may invest the same as they shall see fit, either in whole or in part, and shall have power to draw the same from the treasury for that purpose. 288 THE LAWS OF Eewards, extra fees, etc., how disposed of. AH rewards, fees, pro- ceeds of gifts and emoluments that may be allowed by boards of police, to be paid and given for, or on account of extraordinary services of any member of the police force, and all money arising from the sale of unclaimed property or money, shall be paid into the city treasury, and shall constitute a fund to be called " the police life and health insurance fund," and the persons who shall from time to time constitute the boards of police, Ave hereby de- clared the trustees of said fund, and may invest the same as they shall see fit, either in whole or in part, and shall have power to dr£^ the same from the treasury for that purpose. (9.) Sec. 12. [S. & S.,p. 816.] How disabled policemen svpported. Whenever any member of the police force in actual performance of his duty, and in consequence of the performance of such duty, shall become bodily disabled, his necessary expenses dur- ing the time his disabilities, as aforesaid, continue and conse- quent thereon, may be paid from the fund provided for in the pre- ceding section, at the discretion of the said board of police. The board shall inquire into the circumstances, and if satisfied the charge upon said fund is correct, may, in writing, order the same to be paid by the draft of the said trustees upon the said fund, each trustee writing his signature thereto; but the provisions of this section shall not apply to special patrolmen appointed as herein- after provided, at the request and expense of private parties. =i=SEO. 13 repealed byactofApril 2, 1868. [65 L. 45. ; S. & S., p. 817.] (10.) Sec. 14. [^.k^.,'^.9i\'l.'\ Board may divide city into precincts and establish stations, etc. It is hereby made the duty of the board of police, for more effectually distributing and enforcing its police government and discipline to divide the said cities into precincts without regard to ward boundaries, and to assign captains of police and sergeants of police to each of the said precincts as they shall deem for the best interests of said cities. The board may, from time to time, establish a station or substation in each pre- cinct or division for the accommodation of the police force on duty therein. It shall promulgate all regulations and orders through the superintendent of police and it shall be the duty of the police force to respect and obey the said superintendent, sub- * Sec. 13. Wliffn police may enter buildings, skip, hoot, etc. The Biiperintendent, deputy superin- tendent or any Ciiptain of police having just cause to suspect any felony is being, or is about to be committed witliin any building, public or private, or on any wharf or inclosnre, or on board of any ship, boat or vessel within said city, may entL-r the same at all hours of the day and night, to make all necessary measures for the effectual prevention or detection of all felonies, and may take then and there into custody, all persons suspected of being concerned in such felonies, and also may take charge of all property which he or they shall have then and there, just cause to suspect has been stolen. The members of said police shall also serve or execute any criminal process issued by the police court of said city or cities. MUNICIPAL CORPORATIONS. 289 ject to the rules and regulations, and general orders of the board. (11.) Sec. 15. [S. & S., p. 817.] Special policemen. The said board of police is hereby authorized to appoint persons of suitable char- acter who may be in the employment of the city in other branches or departments, special policemen or patrolmen ; pro- vided, such special policemen shall not be paid for their services as policemen either from the police fund or the city or county treasury. Such policemen shall possess the same power as the regular police patrolmen and shall obey the rules and regulations of the board, and conform to its general discipline. (12.) Sec. 16. [S. & S., p. 817.] Additional patrolmen, how ap- pointed, their powers and duties. The board of police, whenever it shall see fit, may, on the application of any person or persons, showing the necessity thereof, appoint and swear in any number of additional patrolmen to do duty at any place within the cities, at the charge and expense of the person or persons by whom the application shall be made, and the patrolmen so appointed shall be subject to the orders of the board of police, and shall obey the rules and regulations of the board, and conform to its general discipline, and to such other special regulations as may be made, and shall wear such dress or emblem as the board may direct, and shall, during the term of their holding appointment, possess all the powers, privileges and duties of the patrol force herein pre- scribed ; provided, however, that the party so applying for such appointment shall have first paid into the trust fund hereinbefore provided for, the sum of five dollars for each special patrolman thus appointed. The person so appointed may be removed at any time by the board of police, without assigning cause therefor. (13.) Sec. 17. [S. & S., p. 817.] Besignations, reappointment, etc., of policemen. Ko member of the police force, under penalty of forfeiting the pay which may be due him, shall withdraw or re- sign from the police force, unless he shall have given two weeks notice thereof in writing, to the superintendent of police; no per- son who shall ever for cause have been removed from the police force established by this act, shall be reappointed by the board of police to any oflSce in the said police force, except by the unani- mous consent of the board. (14.) Sec. 18. [S. & S.,p. 817.] Stolen property, how disposed of ; ■ registry of missing property ; records to he kept. All stolen or other property taken by the members of the police force shall be depos- ited and kept in a place designated by the board of police ; and in case of the neglect or refusal of any oflScer so to deposit the 290 THE LAWS OF property taken or found in the possession of any person or persons arrested, he shall be deemed guilty of a misdemeanor, and subject to indictment on information, and be fined in a sum not exceeding three thousand dollars, and in no case less than the value of the property, or be imprisoned in the county jail not exceeding one month ; and the sentence of the court in such cases shall operate to vacate the office of the person so convicted. Every such article of property shall be entered in a book kept for that purpose by the secretary of the board, together with the name of the owner, if ascertained, and the name of the place where found, and of the person from whom taken, with the general circumstances and the date of its receipt, and the name of the officer recording the same. An inventory of all money and other property shall be given to the party from whom the same was taken ; and in case the same shall not, within thirty days after such arrest and seizure, be claimed by any other person or persons, it shall, unless otherwise ordered by the board, be delivered to the person from whom the same was taken, and to no other person, either attorney, agent, factor or elerk, except by special order of the board. In case said money or property shall, within thirty days, be claimed by any other person or persons, it shall be retained by said custodian until after the discharge or conviction of the person from whom the same was taken and so long as the same may be required as evidence in any case in court, and if such claimant or claimants shall establish, to the satisfaction of the police judge, that he or they are the rightful owners, the same shall be restored to him or them ; otherwise it shall be returned to the accused personally, and not to any attorney, agent, factor or clerk of such accused person, except upon special order of the board, after all liens and claims in favor of the board and the city, against the same, shall have first been discharged and satisfied. The board shall cause to be kept books for the registry of lost, missing or stolen prop- erty, for the general convenience of the public, and of the police force of the city. It shall also cause to be kept books of record, wherein shall be entered the name of every member of the police force, his time and place of nativity, the time and place where he became a citizen, (if he was born out of the United States,) his age, his former occupation, number of family, and the residence ' thereof; the date of appointment or dismissal from office, with the cause of the latter ; and in every such record sufficient space shall be left against all sueh entries, wherein to make record of the number of arrests made by such members of the police force, or of any special services deemed meritorious by the captains of po- lice. It shall also cause to be kept in proper books, the accounts MUNICIPAL CORPORATIONS. 291 of the board, and a record of their proceedings ; and they shall preserve and file copies of all bills audited and allowed, and keep an accurate account of all the expenses of the police department. The board of police shall also cause to be liept and bound, all po- lice returns and reports. (15.) Sec. 19. [S. & S., p. 818.] Board to provide- for lodging prisoners; captains to make reports of prisoners .- prisoners to be tried before police court; witnesses to be detained i bail, etc. It shall be the duty of the board of police to provide, when it shall be re- quired, at the expense of said city or cities, all necessary ac- commodations, within such precincts as shall be contained within the boundaries of said city or cities for the station house required by the board of police, for the accommodation of the police force of such precincts for the lodging of vagrant and disorderly per- sons, and for the temporary detention of persons arrested for offenses. It shall also be the duty of the board of police to furnish the same suitably, and t6 warm and light the same by day and night; and in every case of arrest, the same shall be made known to the captain or sergeant upon dutj' in the precincts wherein such arrest was made, by the person making the same, and it shall be the duty of the said captain or sergeant as soon as practicable after such notice, to make written return thereof, according to the rules and regulations of the board of police, together with the name of the party arrested, the offense, the place of arrest and the place of detention. All persons arrested by the officers or members of the police force shall be detained, while in their cus- tody, only in the places provided for that purpose; and no trial or examination of any persons arrested shall be held in the office of the superintendent of the police, or of the board; but the persons so arrested shall be examined in the police court of said city or cities before the police judge, or in the absence of the judge, be- fore the mayor. Ifecessary and usual articles of clothing or per- sonal apparel upon the person, or in the possession of persons arrested and detained, shall not be taken or seized by the police, unless there be reason to Suspect that the clothing has been stolen or obtained unlawfully. The board of police shall provide suitable accommodations within said city or cities for the detention of wit- nesses who are unable to furnish security for their appearance in criminal proceedings, and such accommodations shall be in apart- ments other than those employed for the confinement of persons charged with crime, fraud, or disorderly conduct ; and it shall be the duty of the police judge, in committing witnesses, to have re- gard to the rules and regulations of the board of police in respect 292 THE LAWS OP to their detention. Every person arrested by the police, charged with the violation of any city ordinance, may give special bail for his appearance to answer to such charge; but no member of the police force shall become or furnish bail for any person arrested. (16.) Sec. 20. [S. & S., p. 819.] Expenses of police, how paid. The necessary expenses for the maintenance of the police depart- ment, hereby created within the said city or cities, shall be a city charge. (17.) * Sec. 21. [As amended, April 2, 1868. 65 L. 45 ; S. & S., p. 814.] Levy, etc., for police, how paid out. It shall be the duty of the board of police to prepare and submit to the city auditor on or before the first day of May in every year, an estimate of the whole cost and expense of providing for and. maintaining the po- lice department of said city within the current fiscal year, which estimate shall be in detail, and shall be laid by the city auditor before the city council, and the same shall be, by the city council of said city, provided for in the general tax assessment, by levy to be laid on property in said city. Said money, when collected, shall be paid into the city treasury, and shall be styled the "po- lice fund," and shall be drawn out therefrom for police purposes of said city, under the fiscal regulations established by this act. (18.) Sec. 22. Police funds, how drawn from treasury. All mone3'8 hereafter to be paid to any person or persons out of the police iund shall be certified by the president or acting president of the board of police, to the secretary, who shall draw his war- rant on the treasurer therefor, stating therein the fund to which it is chargeable, and the person to whom payable ; and such warrant shall be countersigned by the president, or, in his absence, by the acting president of the board of police. (19.) ' Sec. 23. [As amended, April 2, 1868. 65 L. 45 ; S. & S., p. 814.] What expenses may be incurred by boards,- books and accounts to be open to inspection. No expenses, other than salaries and pay '^ Sec. 21. [Ab originally passed.] Expense of police department. It shall be the duty of the board of police.to prepare and submit to the city auditor, on or before the first day of May in every year, an estimate of the whole cost and expense of providing for and maintaining the po- lice department of said city within the current fiscal year, which estimate shall be in detail, and shall be laid by the city auditor before the city council, and the same shall be, by the city council of said city or ciiiea provided for in the general tax assessment, by levy to be laid on property in said city. Said money, when collected, shall be paid into the city treasury, and shall be styled the ^^metropolitan police fund," and shall be drawn out therefrom for police purposes of said city, under the fiscal regulations established by this act, and tfte city treasurer, for the time be- ing, is hereby appointed treasurer of tlte board of meiropoiitan polioe. 1 This section is the same with three exceptions. The old section read cities where this reads cUy; becomes where this reads become, and mayor where this reads city council. The changed words are italicized. MUNICIPAL CORPORATIONS. 293 herein provided, shall be incurred by the board of police, except for rents, record books, stationery, printing, telegraphing, badges, clubs and furniture of necessary rooms and stations, advertising fuel and lights, and food for prisoners, unless the same shall be expressly authorized and provisions therefor made, as a city charge, by the city council of the city veithin which the expenditures become necessary. The books and accounts kept by said board shall at all times be subject to the inspection of the city council, and the city council may at any time require any information respecting the same, the disclosure of which will not impair the usefulness and efficiency of the police department. (20.) Sec. 24. [S. & S., p. 819.] Board to enforce ordinances, quell riots, etc. ; may issue subpoenas, and administer oaths. The board of police shall, at all times, cause the ordinances of the city to be prop- erly enforced ; and it shall be the duty of the said board at all times, whenever consistent with the rules and regulations of said board, and with the requirements of this act, to furnish all the information de- sired, and comply with all the requests made by the city council of said cities, or by tlie mayor thereof, to quell riots, suppress insurrec- tions, protect the property, and preserve the public tranquillity. The board of police shall have the power to issue subpoenas, tested in the name of its president, to compel before it the attendance of witnesses before any proceeding authorized by its rules and regu- lations. Bach commissioner of police, the superintendent of police, and the secretary of the board of police, are hereby given power to administer, take, receive and subscribe all afBrmations and oaths to any witnesses summoned and appearing in any matter or proceeding authorized as aforesaid, or to any depositions neces- sary by the rules and regulation 8 of the board. Any willful and cor- rupt false swearing by any witness or person making oath or deposi- tion before any of the officers last mentioned, to any material fact, in any necessary proceedings under said rules and regulations, shall be deemed perjury, and punished in the manner now prescribed by law for such offense. The provisions of law now existing in respect to attachment of witnesses before the police court and justices of the peace, and to the compulsory attendance of the said witnesses, to appear and testify before them, are hereby applied to the case of witnesses subpoenaed before the board of police. (21.) Sec. 25. [S. & S., p. 820.] Oath of office of police. . The board of police shall require and make suitable provisions respect- ing security to be entered into by any and all members of the police force, for the taking, by the members of the police force, of an oath of office, and the registry of the certificate of the same in a 294 THE LAWS OF book, to be kept for that purpose by the board, which oath of office may be taken before any commissioner of police, who is hereby empowered to administer and receive the same. (22.) *Sec. 26. [As amended, April 2, 1868. 65 L. 45; 8. & S., p. 814.] Meports hy superintendent, secretary, and board of police. The superintendent of police shall make to the secretary of the board daily re-ports of such facts as may come to his knowledge from the ■patrolmen, and the secretary shall make to the board monthly reports, m writing, of the state of the police force, with such statistics and suggestions as be may deem advisable for the enforcement of the police government and discipline. The board of police shall, on or before the first Monday in April, in each year, report in writing the condition of the police to the city council. (23.) Sec. 27. [S. & S., p. 820.] Police, etc., exempt from jury. Ko persons holding office under this act shall be subject to jury duty, or to arrest on civil process, while actually on duty. (24.) Sec. 28. [S. & S., p. 820.] Penalty for using personal violence on any policeman. It shall be a misdemeanor, punishable by a fine not exceeding one hundred dollars, or imprisonment in the county jail not less than one month, nor more than three months, or both fine and imprisonment, for any person, without justifiable or ex- cusable cause, to use personal violence upon any member of the police force, when in the discharge of his duty, or for any jjerson, not a member of the police force, to falsely represent himself as being such member with a fraudulent design. (25.) fSEC. 29. [As amended, April 2, 1868. 65 L. 45; S. & S., p. 814.] Removal of members of board. Either of said commissioners of police may at any time be removed by the city council, upon good cause being shown, three-fourths of all the members concurring, and in all eases where charges are made out against a commissioner, he shall have an opportunity to present evidence in his behalf (26.) Sec. .30. Commissioners and police not to be candidates for or hold other office. Any one of said commissioners, or any member of the police force, who shall, during his term of office, accept or hold any office elective by the people, or who shall, during his term of office, be publicly nominated for any office elective by the *Sec. 26. [As originally paB3ed.] Si'perintendent mnsf mahe monlhhj report. The superintendent of police shall make to the hoard monthly reports, in writing, of the state of the police force, with such statistics and suggestions as he may deem advisable for the enforcement of the police government and discipline. The hoard of police shall, on or heforo the first Monday in April in each year, report, in writing, the condition of the police within the said cities, to the city council. f Sec. 29. [As originally passed.] Governor may remoi'e commissioners for good cause. Either of said commissioners of police may, at any time, bo removed by the governor, upon good cause being shown, and in all casei where charges are made out against a commissioner, he shall have an opportunity to present evidence in bis behalf. MUNICIPAL CORPORATIONS. 295 people, and shall not, within ton days succeeding the same, publicly decline the said nomination, shall be, in either case, deemed thereby to have resigned, and to have vacated his office as such commissioner. (27.) Sec. 31. [S. & S., p. 820.] Council may levy tax for expense of police. The city council of said cities are hereby empowered and directed, annually, to order and cause to be collected and raised by a tax upon the estates, real and personal, subject to taxa- tion according to law, within the said cities, the sums of money as aforesaid, annually estimated for the said total expense of the metropolitan police, authorized by this act. (28.) Sec. 32. [S. & S., p. 820.] Deputy superintendent. In ease at any time, or for any cause, the services of a deputy superin- tendent shall be required, the board of police are hereby author- ized to appoint any member of the police force to act in that capacity. (29.) Sec. 33. [S. & S., p. 820.] Policeman not allowed to enter drinking saloon or gaming house, etc. No policeman or officer of police shall, while on duty, bo at liberty to enter any drinking or gaming saloon, or other place where liquors are sold to be drank on the premises, or house of prostitution, except for the purpose of discharging some of the duties of his office. (30.) Sec. 34. [S, & S., p. 820.] Office of marshal abolished. The offl.ces of city marshal and deputy marshal of said cities, are hereby abolished, and the duties of said offices shall hereafter be performed by the superintendent of police, or by the captains and sergeants of police, under his directions, in accordance with the provisions of this act; but this section shall not be operative until the super- intendent of police, or captain of police, authorized by this act to be appointed, shall be sworn into office. (31.) *Sec. 35. [As amended, April 2, 1868. 65 L. 45 ; S. & S. p. 814.] Statutes repealed, etc. All statutes, parts of statutes and provisions of law, inconsistent with the provisions of this act, are hereby re- pealed, together with all modes and qualifications of appointment to office as members of police departments, or of elections to office therein, inconsistent with the provisions of this act; such appeal *Sec- 35. [Ab originally paseed.] StaM&t repealed; president, of hoard must give notice of or- ganization. An statutes, parts of statutes and provisions of law, inconsistent with the provisions of this act, are hereby repealed, together with all modes and quaUficatious of appointment to ofRce as members of police departments, or of elections to office therein, inconsisteat with the provisions of this act ; such repeal, however, to take effect and become operative only when the board of police appointed by this act shall be duly organized, and a police force shall be appointed by said board and sworn into oflBce. The president of the board of metropalitan police shall notify the city marshal in writing, and publish a notice in two daily papers published in said cities, stating the /ac( and time of the organization of the said police iorce, for the purpose of fixing tlie time when section Giirty-four and this section shall become operative. 296 THE LAWS OP [repeal], however, to take effect and become operative only when the board of police provided for by this act shall be duly organized, and a police force shall be appointed by said board and sworn into ofSce. The president of the board of police shall notify the superin- tendent of police, in writing, and publish a notice in two daily papers of the c%, stating the time of the organization of said police force. Sec. 36. This act shall take effect on the first day of May next. AN ACT to amend " an act authorizing the appointment of metro- politan police commissioners in cities of the first class with a population less than one hundred thousand inhabitants at the last federal census," passed April 5, 1866, 63 L. lOi. [Passed and took effect April 2, 1868. 65 L. 45.] Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That sections one, five, six, eight, nine, eleven, twentj^-one, twenty-three, twenty-six, twenty-nine, and thirty-five, of said act be amended to read as follows ■} ***** (32.) Sec. 2. How cities under this act districted and districts changed. That immediately after the passage of this act, it shall be the duty of the city council of cities of the first class, having a population of less than one hundred thousand inhabitants, to pro- vide by ordinance, to be passed by a vote of three-fourths of all the members, for dividing said cities into four districts, by wards, having reference to as equal an apportionment of population and contiguity of territory as may be, to be called police districts, which said districts shall be numbered one, two, three and four, which said districts shall not thereafter be changed except by ordi- nance passed by a vote of three-fourths of all the members of the council. (33.) Sec. 3. Election of police commissioners, and term of office. That at the next annual city election in said cities of the first class, having a population of less than one hundred thousand inhabit- ants, after the passage of this act, there shall be elected in each of said districts, by the qualified electors thereof, one member of the board of police commissioners, and of the four thus elected one shall serve one year, one two years, one three years, and one four years; and for the purpose of fixing their respective terms, they shall determine by lot, and at each annual city election thereafter, there shall be elected one member of said board, to be .elected by the district in which the retiring member was elected; and the commissioners so elected, together with the mayor as herein pro- ' These sections are inserted in their proper places in the precediug act. MUNICIPAL CORPORATIONS. 297 vided, shall constitute the board of police. That after the expira- tion of the term aforesaid, the term of office of the commissioners to be elected as herein provided, shall be four years; and any vacancy which may happen in said board of commissioners shall be filled by appointment by the remaining members thereof, to continue until the next annual city election ; and said commis- sioners shall, before entering upon the duties of their office, be sworn to a faithful performance thereof. (34.) Sec. 4. Powers of metropolitan police commissioners an- nulled and vested in mayor in certain cases. That from and after the passage of this act, the powers of the metropolitan police com- missioners then in office, in cities of the first class having a popu- lation of less than one hundred thousand inhabitants, shall cease, and the entire control of the police force of such cities shall vest in and be exercised by the mayor thereof; and the mayor of any such city is hereby invested with such powers as are herein pro- vided for the board of police commissioners, with full power to exercise the same, until said city shall be districted and commis- sioners elected and qufilified as herein provided. (35.) Sec. 5. Power of mayor to suspend officers of police force. That the mayor of any city of the first class having a population of less than one hundred thousand inhabitants, shall have power to suspend any officer of the police force and appoint a person to per- form the duties of such suspended officer until the next regular meeting of the board of police commissioners, when his action shall be submitted to said board, and the board shall determine whether such suspension shall be permanent, and if said board shall so determine, they shall proceed to make an appointment to fill the vacancy. (36.) Sec. 6. Old rules and regulations to continue in force until changed. That all rules and regulations for the government of the police force established by the metropolitan police commissioners, as provided for by the act to which this is an amendment, not in- consistent with the provisions of this act, shall continue in force until altered, amended, or abolished by the board of police com- missioners provided for by this act. (37.) Sec. 7. Sections repealed. That sections one, two, three, four, five, six, eight, nine, eleven, thirteen, twenty-one, twenty- three, twenty-six, twenty-nine and thirty-five, of the act, to which this is an amendment, be and the same are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. 298 THE LAWS OF AN ACT to repeal an act entitled an act supplementary to an act entitled an act authorizing the appointment of metropolitan police commissioners in cities of the first class with a population of less than one hundred thousand inhabitants at the last federal census, passed April 5, 1866 ; passed March 29, 1867, (64 L. 80,) and to provide a police for cities of the second class. [Passed and took effect April 16, 1868. 65 L. 94 ; S. & S., p. 807.] (38.) * Sec. 1.^ [As amended, May 6, 1869. 66 L. 141.] Police for cities of the second class; duty of city marshal. Be it enacted by the General Assembly of the State of Ohio, That the city council of cities of the second class, having a population of twelve thousand and upward at the last federal census, shall provide by or- dinance for the maintaining a city watch or police, provide for its proper organization, and prescribe its duties and define its powers, in such manner as will most effectually preserve the peace of the city, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations, the protection of visitors and pvhlic travel to and through such cities. The city mar- shal thereof s\\&\\,m addition to the duties that are or may be required of him as city marshal, perform the dutiesof chief of police, anrfsAaK have power and is hereby required to select and appoint one person who shall act as captain, and one person who shall act as first lieuten- ant of police, and one person who shall act as second lieutenant of police, who, together with the city marshal, shall execute all such duties as may be required by the laws and ordinances of such city council and shall be required to give bond for the faithful performance of their duty, in the same manner and not exceeding the same amount as is required by ordinance of the city of the city marshal, and such officers so appointed shall receive such compensation for their services as is provided for by the ordinances of such cities. *Sbc. 1. [As oriKinaUy passed.] CUi/ council) of certain cUiea of second class Tnatj, by ordinance, provide for a police force and the election of a marshal ; duties of marshal. Be it enacted by the Gen- eral Assembly of the State of Ohio, That the city council of cities of the second class, having a population of twelve thousand and upward at the last federal census, shall have power to provide, by ordinance, for the establisjiing \and maintaining a city watch or police, provide for its proper org;anization and the election or appointment of the necessary officers thereof , to organise the same and prescribe its duties, and deline its powers in such manner as will most effectually preserve the peace of the city, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations : provided, thai in such diies, where tltere is no city marshal, the city comtcil of such cities shall meet at the time of their next regular meeting, after the passage of this ac/, andprovide by ordinance, for the election, on Monday, the eleventh day of May, A. D. 1868, by the qtialified electors of such city, one city marshal, who shall hold his of/ice until the next annual spring election, and until his successor shall be elected and qualified ; and shall, in addition to the duties that are or may be re- quired of him as city marshal, perform the duties of chief of police, and shall execute all such duties as may be required by the laws and ordinances of such city council. At the annual spring election in 1869, and annually thereafter, there sliall be elected one city marshal, who shall hold his office for one year and until his successor shall be elected and qualified. 1 See sections on page 300, said to amend sections 1 and 2 of this act. MUNICIPAL CORPORATIONS. 299 (39.) *Sec. 2. [As amended, May 6, 1869. 66 L. 141.] Appoint- ment of policemen. On the second Monday in May, 1869, and an- nually thereafter, it shall be the duty of thg mayor and marshal of cities of the second class, having a population of twelve thousand and upward at the last federal census, to appoint regular police- men, who shall have been citizens of such city, for at least six months prior to such appointment, not exceeding one for every one thousand inhabitants at the last federal census, with such addi- tional number in proportion to the increase of population as the city council may deem expedient and necessary; and that all vacan- cies that may occur in the police force, either by death, resignation, or otherwise, shall be filled by appointment as hereinfore provided for the appointment of regular policemen .■ provided, that when any charges are preferred against any of the policemen or officers of police for mis- conduct, incompetency or neglect of duty in office, such charges shall be made in writing to the city council of such city, or to the police com- mittee appointed by such council, who shall have power to examine wit- nesses under oath as to the truth and justice of such charge or charges, and if such charge or charges shall, in their opinion, be true, such council shall have power to discharge such policeman or officer, against whom such charge or charges shall have been preferred. (41.) Sec. 3. Bepealing clause. Be it further enacted, That the act entitled "an act supplementary to an act entitled 'an act au- thorizing the appointment of metropolitan police commissioners in cities of the first class, with a population of less than one hundred thousand inhabitants at the last federal census,' passed April 5, A. D. 1866," extending the provisions of the said act to cities of the first class having a population of less than fifty thousand, and to cities of the second class having a population of twelve thousand and upward at the last federal census, passed March 29, a. d. 1867, be and the same is hereby repealed. Sec. 4. Saving clause, etc. This act shall take effect and be in force from and after its passage : provided, that any police organ- ization now in operation in any such cities, shall remain in the per- formance of their duties until the time designated in the second section of this act for the election of policemen. *Sec. 2. Anmidl election of officers. At tJte first regulnr meeting of the city comicil of BUch oitieit, in May, A. D. 1868, and ajmualtj/ thereafter, it shall he the duty of the city council of cities of the second class, having a population of twelve thousand and upward at the last federal census, to elect by a viva voce vote of at least three-ftftlis of all tJte members elect to such city council, regular policemen, not ex- ceeding one for every one thousand inhabitants at the last federal census, with such additional number in proportion to the increase of population, as the city council may deem necessary. 300 THE LAWS or AN ACT to amend section one of an act entitled "an act to repeal an act entitled ' an act supplementary to an act entitled an act authorizing the appoititraent of metropolitan police commission- ers in cities of the first class, with a population of less than one hundred thousand inhabitants at the last federal census,' " passed April 5, 1866, passed March 29, 1867 (0. L., p. 80), and to pro- vide a police for cities of the second class, passed April 16, 1868. [Passsed May 6, 1869. 66 L. 141. J Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the first and second sections of said act, passed April 16, 1868, be and the same is hereby amended so as to read as fol- lows : [These sections are inserted in their place in the preceding act.] (42.) Sec. 3. Repeal, and proviso. This act shall take effect and be in force from and after its passage, and the original sections one and two are hereby repealed ; provided, that the regular police- men, appointed under the act to which this is amendatory, shall remain in office until the appointments are made as provided for in this act. AN ACT supplementary to an act to provide a police for cities of the second class, passed April 16, 1868, (O. L., vol. 65, p. 94,) as amended May 6, 1869, (O. L., vol. 65 [66,] p. 141). [Passed May 2, 1871. 68 L. 132.] (43.) Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the first and second sections of said last-mentioned act be so amended as to read as follows, to wit : "Section 1. Applicable to certain cities. Sections one and two of the above-recited act, shall in addition to the cities already included therein, apply to cities of the second class having a population of eleven thousand and not exceeding twelve thousand inhabitants at the last federal census." (44.) Sec. 2. Policemen in office not affected. This act shall be in force from and after its passage; provided, the regular policemen, if any there be, appointed under the act to which this is amend- atory, shall remain in office until the appointments are made as provided for in this act. [This act contains no repealing clause.] AN ACT to provide for the organization, regulation and more efficient government of the police in cities of the first class MUNICIPAL CORPORATIONS. 301 which have been advanced to that grade between decennial periods. [Passed May 5, 1868. 65 L. 151 ; S. & S., p. 808.] (45.) Sec. 1. Districts for police purposes in certain cities. Be it enacted by the Geperal Assembly of the State of Ohio, That cities of the first class which have been advanced to that grade between decennial periods, be and they are hereby divided into the same number of police districts as there are wards in such cities. Such police districts shall be bounded as the wards of such city are bounded and numbered as said wards are numbered, the first ward constituting the first police district of such city, the second ward constituting the second police district, and so on, each of such wards constituting a police district of such city. (46.) Sec. 2. Police board, its powers and duties. All powers and duties connected with and incident to the appointment, regulation and government of a police force, or connected with and incident to the police power and government of such city, shall, in all citi-es of the class named in section one of this act, be vested in a police board, to be elected in the manner hereinafter specified. (47.) Sec. 3. Election of police hoard. On the second Tuesday of May, 1868, the qualified electors of each of said police districts shall, by a plurality of votes, elect one member of the police board, who shall be a resident of and have the qualifications of an elector in the police district for which he is elected. (48.) Sec. 4. Term of office of members of police board ; vacancies, how filled. The term of office of members of the police board shall be two years and until their successors shall be elected and quali- fied; provided, however, that of the number elected at the first election to be held under the provisions of this act, the members of said board who are elected from police districts with even num- bers shall hold said office two years, and the members who are elected from police districts with odd numbers shall hold their office one year; and thereafter elections of members of the police board shall be held in such police district at the regular annual city election, according as the term of office of the member of the police board from that district shall expire. The city council shall have power to fill any vacancy that may occur in the police board by appointing a member thereof who shall hold office until the next regular city election, when a member shall be elected from the- proper police district to fill such vacancy for the unexpired term; provided, that the city council shall appoint no person as a member of said police board who is not a resident of and elector in the police district for which he is appointed. 302 THE LAWS OP (49.) Sec. 5. Mayor to he president ex-offlcio. The members of the police board so elected and the mayor of such city (who shall be ex-offioio a member) shall constitute the police board of such city. The mayor shall, when present, act as president of such board, and a majority of the members shall constitute a quorum for the transaction of business; before entering upon the duties of said office each member shall take and subscribe to an oath or affirmation faithfully and honestly to perform its duties. (50.) Sec. 6. Officers of police board, salaries, etc. Said police board shall have power to appoint one captain of police, who shall also be acting superintendent, whose salary shall be fixed by the police board, but shall not exceed twelve hundred dollars per an- num ; one sergeant of police for every ten patrolmen, whose salary shall not exceed nine hundred dollars per annum, and shall be fixed by the police board; and such number of patrolmen as the police board may think expedient, but not exceeding one patrol- man for each fifteen hundred inhabitants in such city; the salary of the patrolmen shall be fixed by the police board, but shall not exceed eight hundred dollars per annum. The police board may also appoint detectives or secret police, not exceeding three in number, whose salaries shall be fixed by the police board, but shall not exceed nine hundred dollars per annum. The police board may also appoint a secretary, and define his duties. The secre- tary of the police board shall hold his office during the pleasure of the board, and shall receive such compensation as the board may determine, not exceeding nine hundred dollars per annum. The members of the police board shall receive no compensation for their services. All salaries of the members of the police de- partment shall be paid monthly. The police board may, in ease of emergency, appoint special patrolmen, but shall report to the city council at its next meeting the names and numbers of such special patrolmen, the occasion of -their appointment as such and the length of time for which such appointments are made; unless the city council shall approve of such appointment the same shall cease and terminate, and no payment shall be paid to any person for services as special patrolmen until the same shall be approved by the city council. (51.) Sec. 7. Bowers of police board ,- removals. The police board shall assume, have and exercise the entire control of the police force of said city, and shall make, publish and enforce rules and regulations for the government of such police force. It shall also have the custody and control of all public property, books, records and equipments belonging to the police department. It shall have MUNICIPAL CORPORATIONS. 303 power at any time, for good cause shown, to suspend or remove any oflScer or member of the police force, or it may, at any time, by a vote of two-thirda of the members of the board, suspend or remove any officer or member of the police force with-out assign- ing any reason for such suspension or removal. Whenever it shall appear to the satisfaction of the board that any member or officer of the police force has received corruptly from any person any sum of money, gift, fee or reward, or has used his^ffice for pur- poses of extortion or oppression, it shall be the duty of the board to at once dismiss the person so offending from the police force. The salary of any officer or member of the police force shall cease from the time of his suspension or dismissal. (52.) Seo. 8. Ineligibility to other offices ; removal from office. Any member of the police board, or any officer or member of the police force, who shall hold or accept any office which is elective by the people, shall be deemed thereby to have resigned his office of mem- ber of the police board, or as member of the police force, and such Vacancy so created shall be filled in the manner provided by law. The city council shall have power to remove from office any mem- ber of the police board, three-fourths of such council concurring therein, but no member of said police board shall be removed from office, except upon charges made in writing, and after oppor- tunity given to be heard in his defense. (53.) Seo. 9. Further duties of board. It shall be the duty of the police board to prepare and submit to the city council, on or be- fore the first day of May in each year, an estimate of the whole cost and expense of providing for and maintaining the police de- partment of said city within the current fiscal j'ear, which estimate shall be in detail, and shall be laid (by the city auditor) before the city council, and the same shall be, by the city council of said city or cities, provided fbr in the general tax assessment, by Icvj' to be laid on properly in said city. Said money, when collected, shall be paid into the city treasury, and shall be styled the "Police Fund," and shall be drawn out therefrom for police purposes of said city, on the order of the police board, as it may be necessary to pay the expenses of the police department. (54.) Sec. 10. Expenses limited. No expenses, other than sal- aries and pay herein provided, shall be incurred by the police board, except for rents, record books, stationery, printing, tele- graphing, badges, clubs and furniture of necessary rooms and stations, advertising, fuel and lights, and food for prisoners, unless the same shall be expressly authorized and provisions therefor made, as a city charge, by the city council of the cities within 304 THE LAWS OP which the expenditures became necessary. The books and ac- counts kept by said board shall at all times be subject to the in- spection of the city council, and the city council may, at anytime, require any information respecting the same, the disclosure of which will not impair the usefulness and efficiency of the police department. (55.) Sec. 11. Daily, monthly, and annual reports. The acting superintendei^ of police shall make to the secretary of the board daily reports of such facts as may come to his knowledge from the patrolmen, and the secretary shall make to the board monthly reports, in writing, of the state of the police force, with such sta- tistics and suggestions as he may deem advisable for the enforce- ment of the police government and discipline. The boards of police shall, on or before the first Monday in March in each year, report in writing the condition of the police within said cities to the city council. (56.) Sec. 12. Metropolitan police superseded. From and after the passage of this act, the powers and duties of the metropolitan police commissioners shall cease and terminate in cities of the first class advanced to that grade between decennial periods. The city council of cities of that class shall, on and after the passage of this act, assume and exercise such of the i^owers and duties herein granted and imposed as may be necessary for the government and regulation of the police force of such city; such city council to continue to exercise the powers thus granted until the election and qualification of the police board provided for in this act, and no longer. (57.) Sec. 13. Limitation of a certain act. The provisions of an act entitled "an act to authorize the appointment of metropolitan police commissioners in cities of the first class with a population of less than one hundred thousand inhabitants at the last federal census," passed April 5, 1866, (vol. 63, O. L.,p. 104,) and of an act supplementary thereto, passed March 29, 1867, (vol. 64, O. L., p. 80,) shall not apply to cities of the first class which have been ad- vanced to that grade between decennial periods, and the said acts of April 5, 1866, and of March 29, 1867, in so far as the same apply to cities of the first class advanced to that grade between decen- nial periods, be and the same are hereby repealed, together with all statutes, parts of statutes, and provisions of law inconsistent with the provisions of this act. (58.) Sec. 14. Same. The provisions of an act entitled an act to amend " an act authorizing the appointment of metropolitan police commissioners in cities of the first class with a population MUNICIPAL CORPORATIONS. 305 of less than one hundred, thousand at the last federal census," passed April 5, 1866, (O. L., vol. 63, p. 104,) passed April 2, 1868, shall not apply to cities of the first class which have been ad- vanced to that grade between decennial periods. Sec. 15. This act shall take effect from and after its passage. POOE. (1.) Additional levy to be made for relief of poor (3.) Directors ahall not call upon county in- in cities of the second class and villages. firmary to relieve persona having no (2.) Duty of directors of infirmarieB in cities. legal settlement. AN ACT to provide temporary relief for the poor in cities of the second class, and in incorporated villages of not less than three thousand inhabitants. [Passed May 4, 1869. 66 L. 86.] (1.) Sec. 1. How additional levy for poor purposes may he made. Be it enacted by the General Assembly of the State of Ohio, That the city council of cities of the second class and the town councils of incorporated villages having a population of not less than three thousand, are hereby authorized to submit the question to the qual- ified electors to levy a tax in addition to the other taxes now au- thorized by law, of not more than three-fourths of a mill on the dollar; the proceeds of which shall be exclusively applied to the relief of the poor within such city or incorporated village, to be distributed under the direction of a committee composed of one from each ward, or a committee of three in each incorporated vil- lage, appointed annually by the council, who will serve without compensation. Sec. 2. This act shall take effect on its passage. AK ACT for the relief of the poor. [Passed February 23, and took effect May 1, 1865. 62 L. 18 ; S. & S., pp. 525, 628.] ********* (2.) Sec. 15. Duties of directors of infirmaries. That upon com- plaint being made or information given to the directors of the in- firmary for the accommodation of any city in this state, that any person residing in such city is in a condition that requires public assistance or support, said directors shall inquire into the condition and necessities of such person, and if satisfied that relief ought to be granted at public expense, and that such person requires temporary or partial relief only, and that for any cause it would not be prudent to remove such person to the city infirmarj', such directors may, in their discretion, afford such relief, at the expense of the city, without removing such person to the city infirmary. And the directors of any city infirmary shall have the same power 306 . THE LAWS OF of removing paupers settled in some other township in this state, which by this act is conferred on township trustees, and shall have tine same right of action against such township as is con- ferred on township authorities in like cases. (3.) Sec. 16. Not to call upon county infirmary to relieve persons not having legal settlement. That it shall not be lawful for the di- rectors of any infirmary erected and established in any city, for the accommodation of its poor, to require the directors of the countj' infirmary, of the county in which such city is situated, to receive and provide for persons having no legal settlement within this state, or whose place of residence is unknown, or to charge the county commissioners of the county with the expense of pro- viding for such persons in the city infirmary; but the directors of such city infirmary shall furnish relief and support to such persons in said city infirmary applying therefor, as trustees of townships are, or shall be required to furnish, and shall have the like power of removing such persons as trustees of townships have, or may have; provided, that the provisions of this section shall only ap- ply to counties in which there is a county and city infirmary. EAILEOADS. (1.) Occupation of streets, public grounds, etc., (15.) Removal of trustees for cause. by railroads. (16.) Appropriation of land for abutments. (2.) When two tracks are laid in same street, (17.) Purchase of right of way. city may regulate use. (18.) Portions may be rented or leased. (3.) Council may regulate speed. (19.) Expenses of eltction to be paid by coun- (4.) City of population of uine thousand two cil and repaid out of trust fund. hundred and twenty-nine at census of (20.) Council may advance to trustees fifty 1860 may provide for a line of railway, thousand dollars. issue bonds, and provide for interest. (21.) Cities of the first class advanced to that (5.) Disbursement of funds . grade between decennial periods may (G.) Record to be kept. build railror-d. (7.) Security from officers, etc. (22.) Duty of solicitor and judges as to ap- (8.) Appropriation of land, etc. pointment of trustees. (9.) Power to sell, etc. (23.) Duties of trustees. (10.) City of first class having more than one (24.) President of board ; powers, duties, etc. hundred and fifty thousand inhabitants (io.) Security of officers. may build railway and issue bonds ; elec- (26.) Removal for delinquency, etc. tion to be held, etc. (27.) Appropriation of Inud, etc. (11.) Duty of solicitor and of judges as to ap- (28.) Purchasing right of way, etc. pointmijiit of trustees. (29.) Portions may be rented, leased, etc. (12.) Duties of trustees. (30.) Expenst-s of election to be paid by coun- (13.) President of board ; duties, powers, etc. cil and repaid by trustees to council. (14.) t^ecurity of officers. AN ACT to provide for the creation and regulation of incorpo- rated companien in the state of Ohio. [Passed May 1, 1852. 50 L. 274; S. & C, p. 271.] (1.) Sec. 12. [As amended and took effect, April 15, 1857. MtTNIOIPAL CORPOEATIONS. 307 54 L. 133.] Occupation of streets, public grounds, etc. If it shall be necessary in the location of any part of any railroad, to occupy any road, street, alley, or public way, or ground of any kind, or any part thereof, it shall be competent for the municipal or other corporation or public officer, or public authorities, owning or hav- ing in charge thereof, and the railroad company to agree upon the manner, and upon the terms and conditions upon which the same may bo used or occupied ; and if said parties shall be unable to agree thereon, and it shall be necessary in the judgment of the directors of such railroad company to use or occupy such road, street, alley or other public way or ground, such company may appropriate so much of the same as may be necessary for the pur- poses of such road, in the same manner and upon the same terras as is provided for the appropriation of the property of individuals by the tenth section of this act: Provided, that every railroad com- pany laying down any such track or tracks, upon any such public street, road, alley or other public ground, shall be responsible for injuries done to private property by such location, lying upon, or near to such public ground, which may be recovered by civil action brought by the owner or owners, at any time within two years from the completion of such track or tracks, before the proper court} AN ACT to amend the act entitled " an act to provide for the cre- ation and regulation of incoporated companies in the state of Ohio," passed May 1, 1852, and to regulate railroad companies. [Passed and took effect April 15, 1857. 54 L. 133 ; S. & C, p. 325.J *•!• -ir 'I' -^ •if "^ ^ ^tr r^ r^ If^ if- ff "T" ^ 'T* (2.) Sec. 4. When two tracks laid in streets, how run. When two or more railroad companies heretofore formed or hereafter to be formed under a general or special law, have laid down or shall hereafter lay down in the same street, alley, public way or open- ing, two or more tracks of the same gauge, through any city or incorporated village, it shall and may be competent for the city or town council of said city or incorporated village, to require said railroad companies to use said railroad tracks in common, and to pass their locomotives and cars over each of said tracks only in one direction. ********* AN ACT to regulate the speed of railroad locomotives and oars 1 This section differs from the section as originally passed only In the addi- tion of the words in italics. 308 THE LAWS OF within the corporate limits of any city, town or village. [Passed March 20, 1851. 49 L. 112 ; S. & C, p. 321.] (3.) Sec. 1. Speed on railroads in towns. Be it enacted by the General Assembly of the State [of Ohio, J That the common coun- cil or corporate authorities of any incorporated city, town or village, in this state, wherever any railroad track is laid into, or through Buch city, town or village, shall have authority to ordain, enact, and enforce an ordinance regulating the speed of all locomotives and railroad cars within such corporate limits; provided, such or- dinance shall not require a less rate of speed than four miles per hour; and such corporate authorities may bring suit against any engineer, conductor, or railroad company violating such ordinance, and assess and collect a fine of not less than five dollars nor more than fifty dollars, for each offense, and costs of suit. AN ACT to authorize cities of the second class, with a population of nine thousand two hundred and twenty-nine, and no more, inhabitants, according to the census of 1860, to construct a line of railway within the limits of said city. [Passed February 24, 1870. 67 L. ll.J (4.) Sec. 1. City council may provide for a line of railway, etc.; provision for interest. Bo it enacted by the General Assembly of the State of Ohio, That in cities of the second class, containing a popu- lation of nine thousand two hundred and twenty-nine, and no more, according to the census of 1860, if the city council thereof shall, by a resolution thereof, passed by a majority of the members elected thereto, declare it to be essential to the interests of such city that a line of railway, to be named in said resolution, should be provided, between termini designated therein, both of which shall be within the limits of said city, it shall be lawful for the city council of such city to borrow, as a fund for that purpose, not to exceed the sum of twenty-five thousand dollars, and to issue bonds therefor, in the name of said city, under the corporate seal thereof, bearing an interest not to exceed eight per centum per annum, payable semi-annually, at such places and in such sums as shall be deenied best by said city council. Said bonds shall be signed by the mayor, and attested by the clerk of said city; and the said city clerk shall keep a register of the same, and the faith of the city shall be pledged for the redemption of said bonds. And it shall be the duty of the city council annually to levy suflScient tax to pay the interest on and provide a sinking fund for the final redemption of said bonds; provided, that no money shall be bor- rowed, nor bonds issued, until after the question of providing the MUNICIPAL CORPORATIONS. 309 line of railway specified in tiie resolution shall be submitted to a vote of the qualified electors of said city, at a special election, to be ordered bj' the said city council, of which at least ten days notice shall be given by publication in the newspapers published in said city; and provided, further, that a majority of the electors voting at the said election shall decide in favor of the construction of said line of railway. (5.) Sec. 2. Disbursement of funds. The said city council shall have the control and disbursement of said funds, and shall expend the same in procuring the right of way, and in constructing a single or double-track railway, with all the usual and necessary appendages ; and for that purpose shall have power and capacity to make contracts, and to appoint and employ and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises for that purpose. (6.) Sec. 3. Record to be kept. The said city council shall keep a record of their proceedings, and they shall also cause to be kept a full and accurate account of their receipts and expenditures in the construction of said line of railway, and publish the same annually. (7.) Sec. 4. Security from officers, etc. Said city council shall have power to require and take such security from any officer, agent or contractor, chosen, appointed or employed by them, as they may deem advisable. The members of said city council shall not be- 4 come surety for any such officer, agent, or contractor, or be in- terested, directly or indirectly, in any contract concerning said railway. (8.) Sec. 5. Appropriation of land, etc. Whenever, in the con- struction of such line of railway as herein provided, it shall be necessary to appropriate auj' land for the foundation of any abut- ments or piers of any bridge across a stream, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in all respects in accordance with the act entitled "an act to provide for compensation to the owners of private property appropriated to the use of corpora- tions,'' passed April 8, 1862, and the acts supplementary thereto; except that the verdict of the jury and the judgment of the court shall be so varied as to suit the case. (9.) Sec. 6. Power to sell, etc. The said city council, when said piece of railway is completed, shall have power to sell, or to rent and lease the right to use and operate the same, upon such terms and conditions as they may deem best for the interests of said city. 310 THE LAWS or Sec. 7. This act shall take effect and be in force from and after its passage. Alf ACT relating to cities of the first class having a population exceeding one hundred and fifty thousand inhabitants. [Passed May 4, 18(J9. 66 L. 80.] (10.) Sec. 1. Proceedings to estahlish and maintain a railroad. Be it enacted by the General Assembly of the State of Ohio, That when- ever, in any city of the first class having a population exceeding one hundred and fifty thousand inhabitants, the city council thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interests of such city that a line of railway, to be named in said resolution, should be provided between termini designated therein, one of which shall be such city, it shall be lawful for a board of trustees, appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of ten millions of dollars, and to issue bonds therefor in the name of said city, under the corporate seal thereof, bearing interest at a rate not to exced seven and three-tenths per centum per annum, payable at such times and places, and in such sums, as shall be deemed best by said board. Said bonds shall be signed by the president of said board, and attested by the city auditor, who shall keep a register of the same, and shall be secured by a mortgage on the line of railway and its net income, and by the pledge of the faith of the city, and a tax, which it shall be the duty of the council thereof annually to levy, sufficient, with said net income, to pay the interest and provide a sinking fund for the final redemption of said bonds; provided, that no money shall be borrowed on bonds issued until after the ques- tion of providing the line of railway specified in the resolution shall be submitted to a vote of the qualified electors of said city, at a specified election to be ordered by the city council thereof, of which not less than twenty days' notice shall be given in the daily papers of the city; and further provided, that a majority of said electors, voting at such election, shall decide in favor of said line of railway. The returns of said election shall be made to the city clerk, and be by him laid before the city council, who shall declare the result by a resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. (11.) Sec. 2. Duty of city- solicitor; of the judges. If a majority of the votes cast at said election shall be in favor of providing the line of railway as specified in the first section, it shall be the duty MUNICIPAL CORPORATIONS. 311 of the solicitor forthwith to file a petition in the superior court of said city, or, if there be |io superior court, then in the court of common pleas of the county in which said city is situate, praying that the judges thereof will apjDoint five trustees, to be called the trustees of railway (the blank to be filled with the name given to the railway in the resolution) ; and it shall be the duty of said judges to make the appointment, and to enter the same on the minutes of the court. They sh;ill enter into bond to the city in such sum as the court may direct, with one or more sufficient sureties, to be appointed by the court, conditioned for the faithful discharge of their duties. The bonds so taken shall be deposited with the treasurer of the corporation for safe keeping. (12.) Sec. 3. Of the trustees. The said trustees and their suc- cessors shall be the trustees of the said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a single or double-track railway, with all the usual appendages, including a line of telegraph between the termini specified in the said resolution ; and for the purposes aforesaid shall have power and capacity to make contracts, appoint, employ and pay officers and agents, and to acquire, hold and possess all the necessary real and personal property and franchises, either in this state or in any other state into which said line of railway may extend. They shall also hav-e power to receive donations of land, money, bonds and other personal property, and to dispose of the same in aid of said fund. (13.) Sec. 4. President of the board; duties, etc. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such power as the board may by resolution, from time to time confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regular meetings for the transaction of business, at their office in the city under whose action they are appointed, but they may adjourn from, time to time to meet at any time and place they may think proper. They shall keep a record of their proceedings, and they shall cause to be kept a full and accurate account of their receipts and dis- bursements, and make a report of the same to the city auditor annually, and whenever requested by a resolution of the city council. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the allowance of the court appointing them, and shall be proportioned according to their respective services. 312 THE LAWS OP (14.) Sec. 5. Security of officers. Said trustees shall have power to take such security from any officer, a^fent or contractor, chosen, appointed or employed by them, as they shall deem advisable. They shall not become surety for any such officer, agent or con- tractor, or be interested directly or indirectly in any contract concerning said railway. They shall be responsible only for their own acts. (15.) Sec. 6. Bemoval for cause. Wheneyer the city solicitor of any city under whose action a board of trustees has been ap- pointed as herein provided, shall have reason to believe that any one of said trustees has failed in the faithful performance of his trust, it shall be his duty to apply to the court that appointed said trustee, by petition, praying that such trustee be removed, and another appointed in his place; and when a vacancy shall occur in said board from any other cause, it shall be filled in like manner. If the said city solicitor shall fail to make application in either of the foregoing cases, after request of any holder of the bonds issued by said trustees or by a tax-payer of the corporation, such bond- holder or taxpayer may file a petition in his own name on behalf of the holders of such bonds for like relief, in any court having jurisdiction, and if the court hearing the action shall adjudge in favor of the plaintiff, he shall be allowed as part of his costs, a reasonable compensation to his attorney. (16.) Sec. 7. Appropriation of land for abutments. "Whenever in the construction of a line of railway as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or piers of any bridge across any stream within or bordering upon this state, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in accordance with the act entitled "an act to provide for compensa- tion to the owners of private property appropriated to the use of corporations,'' passed April 3, 1852, and the acts supplementary thereto, except that the oath and verdict of the jury and the judg- ment of the court shall be so varied as to suit the case. (17.) Sec. 8. Purchase of right of way, etc. Whenever there shall be between the termini designated in any resolution passed under this act, a railroad already partially constructed, or rights of way acquired therefor, which can be adopted as part of the line provided for in said resolution, the trustees of said line may purchase the said railroad and right of way, and pay for the same out of the trust fund. (18.) Sec. 9. Portions may be rented or leased. The said trustees shall have power, as fast as portions of the line for which they are MUNICIPAL CORPORATIONS. 313 trustees are completed, to rent or lease the right to use and operate such portions upon such terms as they may deem best; but such rights shall cease and determine on the final completion of the whole line, when the right to use and operate the same shall be leased by them to such person or company as will conform to the terms and conditions which shall be fixed and provided by the council of the city by which the line of railroad is owned. (19.) Sec. 10. Compensation of trustees. The city council of any city passing a resolution as provided in the first section, may ap- propriate and pay to the said trustees, out of the general fund of said city, such sum as may be necessary for defraying the expenses of the election, and said sum shall be repaid out of said trust fund when raised. SEO.pi. This act shall take effect on its passage. AN" ACT supplementary to the act relating to cities of the first class having a population exceeding one hundred and fifty thousand inhabitants, passed May 4, a. d. 1869.' [Passed March 25, 1870. 67 L. 28.] (20.) Sec. 1. Advances of funds in certain cases. Beit enacted by the General Assembly of the State of Ohio, That the city coun- cil of any city of the first class described in the act to which this act is suppleraentarj'-, may, after trustees have been appointed, as provided in said original act, advance to said trustees, out of any funds of said city, such sum as may be necessary, not exceeding fifty thousand dollars, for carrying the object for which they are appointed into effect; and said sum shall be repaid out of the trust fund provided for in said original act, when raised. Sec. 2. This act shall take effect on its passage. AN ACT to authorize cities of the first class to build railroads and to lease or operate the same.' [Passed May 4, 1869. 66 L. 83."] (21.) Sec 1. Proceedings to establish and maintain a railroad. Be it enacted by the General Assembly of the State of Ohio, 'An application was made by the solicitor of Cincinnati to enjoin the pay- ment of the money authorized hy this act on the ground of the unconstitution- ality of the preceding bill. The law was held constitutional, and the injunction refused by the superior court of Cincinnati in general term. An application has been made to the supreme court for leave to file a petition in error. [ Walker, Solicitor, v. The Oily of Cincinnati, 1 Cincinnati Superior Court Reporter, 121.] 2 This bill was held constitutional hy Judge Pennewill on an application for an injunction in the Lucas Common Pleas. 314 ' THE LAWS OF That in cities of the first class, which have been advanced to that grade between decennial periods, the city council thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interests of such city that a line of railroad, to be named in said resolution, should be provided between termini designated therein, one of which shall be such city, it shall be lawful for a board of trustees, appointed as herein provided, and .they are hereby authorized, to borrow, as a fund for that purpose, not to exceed the sum of five per cent, of the value of the property on the tax duplicate of such city, and to issue bonds therefor, in the name of said city, under the corporate seal thereof, bearitig in- terest at a rate not to exceed seven and three-tenths per centum per annum, payable semi-annually at such places and in such sums as shall be deemed best by said board. Said bonds shall be signed by the president of said board and the mayor of such city, and attested by the city auditor or clerk, who shall keep a register of the same, and shall be secured by a mortgage on the line of railway, and its net income, and by the pledge of the faith of the city, and a tax not exceeding five mills on the dollar, which it shall be the duty of the council thereof annually to levy, sufficient, with said net income, to pay the interest and provide a sinking fund for the final redemption of said bonds; provided, that no money shall be borrowed or bonds issued, until after the question of providing the line of railway specified in the resolution shall be submitted to a vote of the qualified electors of said city, at a special election to be ordered by the council thereof, of which not less than twenty days' notice shall be given in the daily papers of said city; and provided further, that two-thirds of said electors voting at said election shall decide in favor of said line of railway. The returns of said election shall be made to the city clerk, and be by him laid before the city council, who shall declare the result by resolution. The bonds issued under the authority of this section, shall not be sold or dis- posed of for less than their par value. (22.) Sec. 2. Duty of city solicitor ; of the judges. If two-thirds of the votes cast at said election shall be in favor of providing the line of railway as specified in the first section, it shall be the duty of the city solicitor forthwith to file a petition in the court of common pleas of the county in which said city is situate, praying that the judges thereof will appoint five trustees, to be called the trustees of railway (the blank to be filled with the name given to the railway in the resolution;) and it shall be the duty of said judges to make the appointment and to enter the same on the minutes of the court. They shall enter into bond to the city in such sum as the court MUNICIPAL CORPORATIONS. 315 may direct, with one or more sufBcient sureties, to be approved by the court, conditioned for the faithful discharge of their duties. The bond so taken shall be deposited with the treasurer of the cor- poration for safe keeping. (23.) Sec. 3. Duties of the trustees. The said trustees and their successors shall be the trustees of the said fund, and shall have the control and disbursement of the sanae; they shall expend said fund in procuring the right to construct, and in constructing a single or double-track railway, with all the usual appendages, including a line of telegraph between the termini specified in said resolution ; and for the purposes aforesaid shall have power and capacity to make contracts, appoint, employ and pay officers and agents, and to acquire, hold and possess all the necessary real and personal property and franchises in this state; they shall also have power to receive donations in land or money, bonds and other personal property, and dispose of the same in aid of said fund. (24.) Sec 4. President of the hoard, ditties, etc. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such power as the board may, by resolution, from time to time confer upon him. A major- ity of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of business at their office in the city under whose action they are appointed ; but they may adjourn from time to time to meet at any time they may think proper; they shall keep a record of their proceedings, and they shall cause to be kept a full and accurate account of their receipts and dis- bursements, and make a rej)ort of the same to the city council an- nually, and whenever requested by a resolution of the city council. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the allowance of the court appointing them, and shall be apportioned according to their respective services. (25.) Sec. 5. Security of officers. Said trustees shall have power to take such security from any officer, agent or contractor, chosen, appointed or employed by them, as they shall deem advisable. They shall not become surety for any such officer, agent or con- tractor, or be interested directly or indirectly in any contract con- cerning said railway. They shall be responsible only for their own acts. (26.) Sec 6. Bemoval for delinquency, etc. Whenever the city council of any city shall have reason to believe that any one of said trustees has failed in the faithful performance of his trust, it shall be their duty to instruct the city solicitor to apply to the court that appointed said trustee by petition, praying that such 316 THE LAWS OF trustee be removed, and another appointed in his place; and when a vacancy shall occur in said board from any other cause, it shall be filled in like manner. If the said city solicitor shall fail to make application in either of the foregoing cases, after request by any holder of the bonds issued by said trustees, or by a tax-payer of the corporation, such bondholder, or tax-payer, may file a peti- tion in his own name, on behalf of the holders of such bonds, for like relief, in any court having jurisdiction ; and if the court hav- ing the action shall adjudge in favor of the plaintiff, he shall be allowed as part of his costs a reasonable compensation for his attorneys. (27.) Sec. 7. Appropriation of land, etc. Whenever in the con- struction of a line of railway, as herein provided, it shall be nec- essary to appropriate land for the foundation of the abutments or piers of any bridge across any stream within this state, or for any other purpose, or to appropriate any rights or franchises, pro- ceedings shall be commenced and conducted in accordance with the act entitled an act to provide for compensation to the owners of private property appropriated to the use of corporations, passed April 3, 1852, and the acts supplementary thereto, except that the oath and verdict of the jury and 'the judgment of the court, shall be so varied as to suit the case. (28.) Sec. 8. Purchase of right of way., etc. Whenever there shall be between the termini designated in any resolution passed under this act, a railroad already partially constructed, or rights of way acquired therefor, which can be adopted as part of the line provided for in said resolution, the trustees of said line may pui-chase the said railroad and rights of way, and pay for the same out of the trust fund. (29.) Sec. 9. Portions may he rente'd or leased. The said trustees shall have power, as fast as portions of the line for which they are trustees are completed, to rent or lease the right to use and operate such portions, upon such terms as they may deem best ; but such rights shall cease and determine on the final completion of the whole line, when the right to use and operate the same shall be leased by them to such person or company as will con- form to the terms and conditions which shall be fixed and pro- vided by the council of the city by which the line of railway is owned. (30.) Seo. 10. Compensation of trustees. The city council of any city passing a resolution as provided in the first section of this act, may appropriate and pay to the said trustees, out of the gen- eral fund of said city, such sum as may be necessary for defraying MUNICIPAL CORPORATIONS. 317 the expenses of the election, and said sum shall be repaid out of said trust fund when raised. Sec. 11. This act shall take effect on its passage. EAILEOADS, STEEET. (1.) Consent of property holders to street rail- (3.) How constructed part within and part road, when necessary. without the corporation, or extended. (2.) When right may be appropriated. (4.) On what terms council may extend route. AN ACT to amend " an act to provide for and regulate street railroad companies," passed April 10, 1861, and supplementary thereto. (58 L. 66.) [Passed and took effect March 27, 1866. 63 L. 55; S. & S., p. 137.] Secs. 1 and 2. [Eepealed by "act to provide for the organiza- tion and government of municipal corporations," passed May 7, 1869. 66 L. 285.] (1.) ^Sec. 3. [As amended, April 29, 1868. 65 L. 112; S. & S., p. 139.] Consent of property holders, how obtained. That -when any council of any such city or incorporated village, shall grant or give its consent to the use of the streets or avenues of said city or incor- porated village, for a street railroad, the company or individual, or company of individuals obtaining such grant or consent, shall not proceed to construct said road until the consent in writing of a majority in interest of the owners of the property abutting upon the street or avenue, or part thereof, in which said road is to be constructed, shall have been obtained and filed with the council of such city or incorporated village, and notice of such filing pub- lished as provided in the preceding section, nor until the council, being satisfied that such consent has been obtained, shall so declare by ordinance or resolution, except as provided in the next succeed- ing section of this act ; and for the purpose of determining who are a majority in interest of the owners of such property, reference shall be had to the assessed value of the whole property located upon the street, avenue, or part thereof in which said road is to be constructed. (2.) Sec. 4. Appropriations of street or avenue. That when any company or individual, or company of individuals, shall have ob- tained or shall obtain a grant from or the consent of the council of any city or incorporated village, to use and occupy the streets or avenues of such city or incorporated village for a street rail- road, and shall be unable to obtain the consent of a majority of the owners of any street or avenue to be so used or occupied, or 'This section differs from the aeotion as originally passed only in the addi- tion of the words in italics. 318 THE LAWS OF having obtained tlie consent of such majority shall be unable to agree with any of them who did not, in giving consent, expressly waive or release any claim for compensation, or with any other other owner or owners as to such use or occupation, who shall claim an injury to his or their property, of such character and nature as to entitle him or them to compensation therefor, it shall and may be lawful for such company, individual, or company of individuals, to proceed under the " act to provide for compen- sation to the owners of private property appropriated to the use of corporations," passed April 30, 1852, to appropriate, as against any such owner or owners of lots, the right to use or occupy such streets or avenues, and it shall be sufficient, in the statement, to be filed under said act, to describe the street or avenue, and the lot or lots abutting thereon by the names of the owners thereof, and to state that the right sought to be appropriated is to con- struct a street railroad in such street or avenue; provided, that not more than one track shall be laid in any street or avenue without the consent of a majority in interest of the owners of property abutting thereon, being first had and obtained ; and for the purpose of determining what is a majority in interest, refer- ence shall be had to the assessed value of the whole property located upon such street or avenue. AN ACTi to amend " an act to provide for and regulate street railroad companies," passed April 10, 1861, and supplementary thereto, and to repeal section seven of said act. [Passed April 10, 1867. 64 L. 122 ; S. & S., p. 138.] (3.) *Sec.1. [As amended February 19, 1870. 67L. 10.] Exten- sion of roads beyond corporate limits ; mutual agreement requisite. Be it enacted by the General Assembly of the State of Ohio, That street or horse railroads may be located and constructed, part within, part without, or wholly without the limits of any city, town or vil- lage ; and any such road heretofore or hereafter constructed with- in, or part within, or wholly without the limits of any city, town or village, whether such village be incorporated or not, may be so constructed or extended along or upon the national road, or any other "^^Sec. 1. [As originally passed.] That streot railroads may be located and constriiuted in part within and part without the limits of any city, town or vilLxge, and any road heretofore or hereafter constructed within the liraits of any city, town or village, whether such village be incorporated or not, may be extended without the limiis thereof ,• provided, that before such tailroad shall be constructed u^mi any road, street, avenue, tumpilce, pvblUi way or ground without such limits, the company or public oflBcer, or public authorities owning or having charge thereof, shall agree wif.b tlie railroad company upon the manner and upon the terms and conditions upon which the same shall be occupied or used, but such agreement shall not be necessary to the crossing hereof. MUNICIPAL CORPORATIONS. 319 road, street, avenue, turnpike, ■public way or ground, in accordance with the provisions of an act entitled " an act to provide for and regu- late street railroad companies," passed April 10, 1861 ; provided, that, before such construction or extension, the company, public officer or public authorities, owning or having charge of any such road, along or upon which said railroad is or may be constructed or extended, shall agree with such railroad company upon the manner, terms and conditions upon which the same shall be occupied or used; and in cases where such construction or extension shall be along or upon the national road, the board of public works of this state shall agree with such railroad company as to the manner of its use and occu- pation; but such agreement shall not be necessary to the crossing merely of any such road. AN ACT supplementary to '' an act supplementary to an act to provide for and regulate street railroad companies," passed March 27, 1866. [S. & C, p. 137, and S.- C, pp. 280, 281. Passed May 7, 1869. 66 L. 140.] (4.) Sec. 1. Extension of track of street railroads. Bo it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the council of any city or incorporated village to grant permission by ordinance to any person or company, owning or having the right to construct any street railroad, to extend their track, subject to the provisions of sections four and five of said act passed March 27, 1866, on any street or streets where the said council shall deem such extension beneficial to the public. And when any such extension shall be made, the charge for carrying passengers on any street railroad so extended, and its connections made with any other road or roads, by consolidation under exist- ing laws, shall not be increased by reason of such extension or consolidation ; said sum shall include the government tax. Sec. 2. This act shall take efi'ect from and after its passage. SCHOOLS, ETC. {!.) Cities of first class having less than thousand inhabitants, may levy tax one hundred thousand inhabitants, for school purposes. may appropriate lands for schools. (5.) Council of city of first class of more (2.) Compensation, how paid. * than one hundred and fifty thousand (3.) Cities of first class having more than inhabitants, may accept funds for uni- one hundred thousand inhabitants, versity, etc. may levy tax for school purposes. (6.) Also, endowments for university, etc. (4.) Cities of first class having less than one (7.) Board of directors, etc. hundred thousand and more than forty (8.) Power to confer degrees. (9.) Site for building, tax, etc. AN" ACT supplementary to the " act to provide for the organiza- 320 THE LAWS OF tion of cilies and incorporated villages," passed May 3, 1852. (S. & C, p. 1493 ; Swan's E. S,, p. 955.) [Passed and took effect March 11, 1867. 64 L. 45 ; S. & S., p. 720.] (1.) Sec. 1. Certain cities may appropriate lands for school-house sites, etc. Be it enacted by the General Assembly of the State of Ohio, That any city of the first class having a poj)ulation of less than one hundred thousand inhabitants, shall have the power, whenever it shall be deemed necessary for that purpose, to appro- priate, enter upon and take lands for school-house sites and grounds, and to appropriate the same, and ascertain the compen- sation therefor, the same having been recommended, and site selected by the board of education. Such proceedings shall be had as are now provided for in cases where private property is taken by municipal corporations of the same class for the purposes of streets. (2.) Sec. 2. Compensation for lands. For the purpose of paying the compensation which may be assessed for lands taken and appro- priated, as in the preceding section provided, and for the purposes of erecting suitable school buildings thereon, such city shall have the power to borrow money in any sum not exceeding two hun- dred thousand dollars at such rate of interest as the city council thereof may deem proper, not exceeding six per cent, per annum semi-annuallj' ; and for the purpose of effecting such loan the city council of such city shall have the power to pledge the faith of such city for the payment of both principal and interest, including the power to levy a tax for the payment of the same whenever due, and to make and execute such bonds or other evidences of debt, and payable at such times and places as shall be agreed upon by the parties contracting, which said bonds or other evidences of debt may be made transferable and redeemable in such form and at sucli times and places as may therein be designated. Sec 3. This act shall take effect and be in force from and after its passage. AN ACT to authorize cites of the firsthand second class to levy taxes for school purposes. [Passed and took effect March 25, 1864. 61 L. 63; S. & S., p. 776.] (3.) 'Sec 1. [As amended, February 16, 1^866. 63 L. 15; S. & ' The only change in this section from the one as originally passed, is that this authorizes the collection of two mills and a half on the dollar, while the original one authorized the collection of only two mills, and some changes in punctuation. MUNICIPAL CORPORATIONS. 321 S., p. 775.] Estimated tax for school purposes in cities of first and second class. Be it enacted by the General Assembly of the State of Ohio, That in cities of the first class, having a population exceeding one hundred thousand inhabitants, the trustees and visitors of com- mon schools shall, on or before the second Monday of May, annually, cause to be certified to the city council an estimate of the amount necessary to be raised in said city for school purposes, not exceed- ing two and a half mills on the dollar upon all the property in said city, valued or appraised, and liable and subject to taxation for state and county purposes, corporations, school house and school taxes: and the city council shall certify the said amount so to be raised to the county auditor, who is hereby authorized and directed to place the same on the duplicate of taxes for said county, in the same manner as township taxes now by law are placed on such duplicate; whicb said school taxes shall be col- lected by the county treasurer of said county, and by him paid into the city treasury, on the order of the county auditor, on or before the first Mondays of January and July in each year. (4.) Sec. 2. That the boards of education of the cities of the first class having a population of over forty thousand and less than one hundred thousand inhabitants are hereby authorized to levy such rate of tax for school purposes as maybe determined upon and certified to the county auditor by said boards respectively, not exceeding three mills on each dollar on the valuation of the tax- able property of said cities; and all cities of the first class having a population of less than forty thousand inhabitants, and cities of the second class, the boards of education of said cities re8pectively> are hereby authorized to levy such rate of tax for school purposes as may be determined upon and certified to the county auditor by said boards of education respectively, not exceeding four mills on the valuation of the taxable property of said cities, which said school tax shall be collected by the county treasurer of the proper county, the same as other taxes are collected, and by him paid to the treasurer of said board on the order of the county auditor on or before the first days of January and July in each year. Sec. 3. This act shall take effect and be in force from and after its passage; and section four, of which this is an amendment, is hereby repealed. AN ACT to enable cities of the first class to aid and promote education. [Passed April 16, 1870. 67 L. 86.] (5.) Sec. 1. Common council may accept funds, etc. Be it enacted by the General Assembly of the State of Ohio, That the 322 THE LAWS OF common council of any city of the first class now having a popu- lation of one hundred and fifty thousand inhabitants or more, is hereby authorized and empowered, in the name and behalf of such city, to accept and take any property or funds, either heretofore or hereinafter given to such city for the purpose of founding, maintaining or aiding a university, college or institution for pro- moting free education, and upon such terms, conditions and trusts, not inconsistent with law, as such common council may deem ex- pedient and proper for that end. (6.) Sec. 2. Also, in trusty endowments, etc.; power of court in the premises. That for the further endowment, maintenance and aid of any university, college or institution for promoting free education heretofore or hereafter so founded in any such city, the common council thereof is also authorized and empowered, in the name and behalf of such city, to accept and take, as trustee, and in trust for the purpose aforesaid, any estate, property or funds which have •been or shall be lawfully transferred to such city for such use, by any person or persons or body corporate having the same, or any annuity or endowment in the nature of income which may be cove- nanted or pledged to such city toward such use by any person or persons or body corporate ; and it shall be lawful for any person or persons or body corporate having and holding any estate, prop- erty or funds, in trust or applicable for the promotion of education, or the advancement of any of the arts or sciences, to convey, assign, transfer and deliver over the same to such city as trustee in his or their place, or to covenant or pledge its income, or any part thereof, such estate, property, fhnds or income to be held and applied by such city in trust for the further endowment or main- tenance of such university, college or institution ; in accordance, nevertheless, with the terms and true intent of any trust or condi- tion upon which the same was originally given or held; and upon such transfer, and the acceptance thereof, such city and its suc- cessors, as trustees, shall become and be perpetually obligated and held to observe and execute such trust, in all respects, accord- ing to the original and true terms and intent thereof, and accord- ing to any further terms and conditions lawfully agreed upon such transfer and acceptance thereof. And any court having jurisdic- tion of the appointment of trustees of such trusts for educational purposes, shall have power, in any proceeding for that purpose duly instituted and had, to appoint and constitute such city, with the consent of the common council thereof, trustee of the estate, property and funds so transferred to it, and may dispense with the bond or surety on the part of such city for the performance of such MUNICIPAL CORPORATIONS. 323 trust, unless required by the original terms or conditions thereof; and may and shall, upon the due transfer and acceptance of such trust by such city, release and fully discharge trustee or trustees 80 transferring the same. (7.) Sec. 3. Board of directors to be appointed; their terms of office, etc.; their powers, duties, etc. That the custody and management of any and all estate, property or funds so given or transferred in trust to any such city, and the entire administration of any and all such trusts so accepted by the common council thereof, and if any university, college or institution for promoting education, hereto- fore or hereafter so founded in or by any such city, except the common and high schools thereof, sl^all be committed to a board of directors, nineteen in number, of whom the mayor of such city for the time being shall be one, and the others shall be appointed by the common council, six of whom shall be appointed from such names as shall be nominated to the common council by the board of education of said city, and shall be citizens of approved learning, discretion and fitness for such oflSce. They shall hold their office for the term of six years, and until their successors are duly elected and qualified : Provided, that the directors first appointed, other than the mayor, shall be elected respectively for terms of one, two, three, four, five and six years, from the first day of January next following their election, two for each term. Any vacancy caused by the death, resignation or removal of a director, or otherwise, shall be filled for his unexpired term by appointment of the com- mon council. And as to all matters not herein or otherwise provided by law, the said board of directors shall have all the authority, powers and control vested in or belonging to said city, either as to the management and control of the estate, property and funds given, transferred, covenanted or pledged to such city for the trusts and purposes aforesaid, or as to the government, con- duct and control of the university, college or institution so founded. They shall have power to appoint a clerk and all agents proper and necessary for the care and administration of the trust property, and collecting the income, rents and profits thereof, and to appoint the president, professors, tutors, instructors, agents and servants necessary and proper for such university, college or institution, and to determine their compensation, and to provide all the necessary buildings, books, apparatus, means and appliances thereof, and to pass all such by-laws, rules and regulations concerning the presi- dent, professors, tutors, instructors, agents and servants aforesaid, and the admission, government and tuition of students, as sucli directors shall deem wise and proper; provided, nevertheless, 324 THE LAWS OP that said directors may, by suitable by-laws, delegate and commit the admission, government, management and control of the student, course of studies, discipline and other internal affairs of such university, college or institution, to the faculty which the directors may appoint from among the professors; provided, also, that no charge shall be made for the admission or instruction of the children, wards, or apprentices of any citizen of such city admitted therein ; and provided, also, that the accounts of such trust estate, property and funds, and of the income and expenditure thereof, shall be kept by the city auditor entirely distinct from all other accounts or affairs of such city, and the monej-s shall be kept by the city treasurer distinct from other moneys; and said direct- ors shall at all times confine the expenditures within the income of the trust estate, property and funds, and shall annually report to the common council a full statement of the accounts and ad- ministration of such trusts. (8.) Sec. 4. Power to confer degrees. The directors of such universitj', college or institution, upon the recommondation of the faculty thereof, shall be authorized to confer such degrees and honors as are customary in universities or colleges in thq United States, and such others as, with reference to the course of studies and attainments of the graduates in special departments, they may deem proper. (9.) Sec. 5. Sites for buildings, etc. The common council of any such city of the first class shall have power to set apart and ap- propriate, as a site for the buildings and grounds of the university, college or institution so founded, any public grounds of such city not specially appropriated or dedicated by ordinance to any other use or purpose, any act or law heretofore passed to the contrary notwithstanding; and the board of education of such city may, in their discretion, upon the application of the said board of directors, assess and levy a tax on the taxable property of said city, not exceed- ing one-tenth of one mill on the dollar valuation thereof, to be applied by said board of directors to the support of such university, college or institution of learning. Sec. 6. This act shall take effect and be in force from and after its passage. STUEETS AND ROADS. (1.) Platting corainiasionors, how appointed ; (5.) Amendment of plans. tlieli" powers and duties. (13.) Division of territory. (2.) How owuors may accept plans. (7.) Laying out of avenuQ by avcnuo com- (3.) Joint commission in certain cases. pany through villages. (4.) Improvements subsequent to adoption of (8.) Power of trustees, etc. plana not to be paid for. (9.) Council may contract for lightiug streets. MUNICIPAL CORPORATIONS. 325 (10.) Eightof way to be obtained for oxtensioa (20.) Tax to pay bonds. of pipes, etc. (21.) Municipal corporations may issue bonda (U.) How telegraph to be constructed through to aid county coinmisBionpvs in con- streets, struction of roads terminating in cor- (12.) How turnpike, railroad, etc., companies poratiou. may release or abandon road in munici- (22.) And also to aid in constructing roadj pal coi-porations. through adjoining counties. (13.) How neglected turnpike forfeited to city. (23.) Village council may aid in construction (14.) Proceeding to forfuit, of free turnpike terminating within on» (16.) How neglected turnpike built by county mile of a road of the village. commissioners with bonds, forfeited. (24.) Eoad tax, how paid and when expended. (16.) Proceedings to forfeit. (25.) Eoads on border between municipal cor- (17.) Notice to bondholders. poration and township. (18.) When village councils may assist in con- (26.) Who exempt. struction of free turnpikes. (27.) Village may contract for materials for (19.) When they may issue bonds for such pur- roads, how. pose. AN ACT to regulate the platting of lands and laying out of streets in municipal corporations. [Passed March 13, 1871. 68 L. 36.] (1.) Sec. 1. Councils to appoint commissions to plat lands, etc.; powers and duties of commissions. Be it enacted by the General As- sembly of the State of Ohio, That it shall be lawlul for the council of any municipal corporation, whenever it shall be, in their opin- ion, expedient, and whenever the corporate limits shall be en- larged, to appoint a commission to plat such portions of the terri- tory within its limits, in which the necessary or convenient streets or alleys have not already been accepted by the corporation so as to become public streets, as they may by resolution declare, or the whole of such territory, if they think proper. Such commission shall consist of five members, to be appointed by the council, who shall serve without compensation, and shall hold their oflSce until the completion of their work, unless removed by council. Council shall have power to fill all vacanies caused by removal or other- wise. The commission shall have power to employ an engineer, and such assistants as they may find necessary, and fix their sal- aries within limits to be prescribed by council. It shall be their duty to make a plat of the territory which they are ordered to .lay out, as soon as they can conveniently do so, showing the location of the streets and alleys already dedicated and those proposed; and for the purpose of making the necessary survej's they shall have power to enter upon all property within the limits of the corporation. When the whole plan, or any portion thereof, is com- pleted, or when the location of any avenue, street, roadway or alley has been finally determined upon by said commission, a plat of said plan, avenue, street, roadway or alley shall be placed in the office of the city civil engineer, for the inspection of persona interested, and notice that it is ready for inspection shall be published in one 326 THE LAWS OF or more newspapers of general circulation within such municipal corporation, for six consecutive weeks. During these six weeks the commission shall hold sessions at least once a week, at the time and place stated in the advertisement, and at such other times and places as they may deem proper, to hear any objections that may be urged against any portion of the said plat, or the location of any avenue, street, roadway or alley, and they shall make such al- terations therein as they may deem proper. At the end of that time they shall cause copies of the plat, as finally adopted, to be made out, and such monuments or marks as they may think proper to be placed on the grounds, and shall deposit one copy, certified to by them, in the office of the county recorder, and another in the office of the city civil engineer, and such plan shall be deemed and taken to be the regularly adopted plan for streets and alleys in said territory; and no streets or alleys, except those laid down on such plan, shall subsequently be in any way accepted as public streets or alleys by the municipal corporation, nor shall any of the public funds be expended in the improvement or repair of streets or alleys subsequently laid out and not on such plat; provided, however, that nothing herein shall be construed to prevent any municipal corporation from exercising the power of condemnation in any of the cases where it is now or may hereafter be bj' law authorized to condemn and appropriate property to public use, although it be not shown as a street on such plat. (2.) Sec. 2. Owners of lands, etc., may accept plans of streets, etc. Theownersof any portion of the ground so platted may at any time, by a declaration of their intention so to do, properly acknowledged and recorded in the county recorder's ofiice, accept such plan so far as it concerns their property, and such acceptance, or the selling of lots referring to the plan or the streets and alleys therein laid out, shall be a statutory dedication of the streets and alleys in the prop- erty described in the acceptance, or of the streets or alleys called for in the description of the lots so sold, so far as the grantor has a right to dedicate the same. (3.) Sec. 3. Joint commissions in certain cases. When municipal corporations adjoin each other, it shall be lawful for the councils of such municipal corporation to agree among themselves, in any manner they may determine, upon the appointment of a joint commission for the purposes of this act. Such commission, when appointed, shall have all the power over the territory of the mu- nicipal corporations described in the resolutions of the councils that is hereby given to a commission appointed by a single city council. MUNICIPAL CORPORATIONS. 327' (4.) Sec. 4. Improvements subsequent to adoption of plat shall not be paid for. "Whenever any municipal corporation or corporations, subsequently to the filing of a plat as authorized in this act, shall desire to open any street or alley, or portion of a street or alley, laid down on such plat, it shall be unlawful for the jury, in assess- ing the amount of compensation to be paid to the owner of the property taken, to include any damages for the destruction or. taking of any buildings or improvements erected or made either wholly or partially, within the limits of any street or alley laid down on such plat, subsequently to its adoption. (5.) Sec. 5. Amendment of plans. Plans, after adoption, can be amended by the same proceedings by which they were originally adopted. (6.) Sec. 6. Division of territory to be platted. Any commission appointed under the provisions of this act is hereby authorized;' whenever it is, in its opinion, expedient, to divide the territory to be platted into districts and subdistricts, having due regard to the' natural configuration thereof, and to. adopt plans for such districts and subdistricts separately in such order as they may think just, by pursuing the formalities prescribed for the adoption of a plat, and the plats for any district or subdistrict so adopted shall when filed for the plan for such district or subdistrict as provided for in this act; provided that the plan in such districts or subdistricts shall always be adopted with reference to the general plan of im- provement of the whole territory. Sec. 7. This act shall take effect and be in force from and after its passage. AN ACT supplementary to an act to provide for the creation and regulation of incorporated companies in the state of Ohio, passed May 1, 1852. [Passed and took effect April 3, 1856. 53 L. 46 ; S. & C, p. 342.] **** * * * * ** (7.) Sec. 4. Bight of way through villages, etc. That where, in the laying out of any such avenue as aforesaid, it shall become necessary to run through or along the line of any incorporated village or .special road district, it shall be the duty of the board of directors of the avenue company to obtain the written consent of at least two of the trustees of such incorporated village or special road district to the laying out of such avenue through or along the territory over which they have supervision or control. (8.) Sec. 5. Same. That if, on application being made to the trustees of an incorporated village or special road district, as con-' 328 THE LAWS 0¥ tem plated by tho fourth section of this act, they shall be of opinion that the public good demands the laying out of such avenue, they are hereby authorized to give their written consent to the laying out and construction of the same, which shall have the force and effect of a full and complete release of all authority over the said avenue within their corporate jurisdiction, and the directors may and tliey are hereby authorized to lay out and construct said avenue through the territory of such incorporated village or special road district, and control the same in all respects as though the said village or special road district did not exist. AN ACT to provide for the creation and regulation of incor- porated companies in the state of Ohio. [Passed May-1, 1852 50 L. 274.J *xLa mA* *1« «J> %^ ^ ^J' *^ tf^ J^ ^» ^ ^* ^< ^ 'X* (9.) 'Sec. 54. [As amended, April 17, 1867. 64 L. 255; S. & S., p. 158.] Contract for lighting streets, etc. The municipal authorities of any city, town or village, or the trustees of any township in which any gas-light or water company shall be organized under this act, are hereby authorized to contract with any such corpora- tion for the lighting or supplying with water the streets, lands, lanes, squares, and public places in any such city, town, village or township : Provided, that no such corporation shall be formed in any city or incorporated village until after the question of authorising such incorporation shall have been submitted to the qualified voters of such city or villages, and be au'horized by ordinance. AN ACT to extend the privileges of gas companies. [Passed and took effect March 30, 1859. 56 L. 92; S. & S., p. 351.J (10,) Sec. 1. Extension of gas pipes. Bo it enacted by the Gen- eral Assemblj' of the State of Ohio, That it shall be lawful for any gas companj' in any city or incorporated village in this state, organized in pursuance of any of the laws of the same, to extend their pipes used for conveying gas to the various localities and in- habitants of such city or incorporated village to any point, place or places in the vicinity of such city or incorporated village, out- side the corporate limits thereof; provided, the right of way be obtained from the corporate or other authorities, or of any per- son or persons, place or places, to be affected by such extension. Sec. 2. This act to be in force from and after its passage. 'This section differs from the sections as oi-iginally passed only in the in- sertion and addition of the words in italics. MUNICIPAL CORPORATIONS. 329 AN ACT supplementary to the act entitled " an act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, 1852. [Passed and took effect March 31, 1865. 62 L. 72 ; S. & S., p. 153.] *^ *r^ ^^ JjC ^ 5JC *]C *^ •T^ 'n (11.) vSeo. 5. How telegraph may be constructed through any city or village. Where any lands authorized by this act, and the act to which this is supplementary, to be appropriated to the use of any magnetic telegraph company, are subject to the easement of any street, allej', public way, or other like public use, within the limits of any city or incorporated village, the mode of use shall be such as shall be agreed upon between the municipal authorities of such city or incorporated village and the magnetic telegraph company, and in case they can not agree, or in case the municipal authori- ties unreasonably delay to enter into any agreement, then the pro- bate court of the proper county in a proceeding instituted for that purpose, shall direct in what mode such magnetic telegraph line shall bo constructed along such street, alley, or public way, so as not to incommode the public in the use of such street, alley, and public way. Nothing in this section shall he so construed as to authorize any municipal corporation to demand or receive any compensation for the use of any street, alley or public wa}', be- yond what may be necessary to restore the pavement to its former state of usefulness. AN ACT to amend the act entitled an act for the creation and regulation of incorporated companies in the state of Ohio, passed May 1, 1852. [Passed and took effect April 11, 1856. 53 L. p. 180; S. &C., p. 338.] (12.) Sec. 1. Transfer by road companies of road or bridges to municipal corporations. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for any turnpike, bridge, plank road or railroad company, any part of whose road or bridge is, or hereafter may be, or become embraced within the corporate limits of any city, town or village, to contract with proper authorities of such city, town or village, or of the town- ship or county in which the same is situated, for the disposal, re- lease and abandonment of such part of their road or bridge for such compensation and terms as may be agreed upon between the directors of such company and such authorities. And any such contract heretofore made shall be as good and valid in law, to all intents and purposes, as if made under and by virtue of this act. 330 THE LAWS OF Sec. 2. And change place of toll gate in such case. It shall further- more bo lawful for any such turnpike or plank road or bridge company, in case their toll gate be upon the part of their road so abandoned or disposed of, to remove such toll gate to any point on their road not within eighty rods of the incorporated limits of such city, town or village, and there maintain such toll gate with the same rights as before. This act shall be in force from and after its passage. AN ACT to provide for the repair of roads when abandoned by incorporated companies. [Passed March 14, 1853. 51 L. 464; S. & C, p. 333.] (13.) Sec. 1. Bepair of turnpike and plank roads in town. Be it enacted by the General Assembly of the State of Ohio, That if any turnpike or plank road company shall fail to keep any portion of its road within the limits of any municipal corporation of this state, in repair for iivc days successively, it shall be lawful for the proper authority of any such municipal corporation to pass a res- olution requiring such company to repair the same in ten days after the service of a copy of said resolution on the gate-keeper nearest such municipal corporation, and it shall be the duty of the company to declare their intention to abandon or repair the same ; and in case of a failure or refusal so to do, within thirty days, or in case of a failure or refusal to repair in ninety days, such municipal corporation may file a complaint in writing with a copy of said resolution in the court of common pleas of the county describing the portion of the road required to be repaired ; and it shall be the duty of the court or any judge thereof to appoint two disinterested persons as inspectors, who shall view the portion of the road complained of and return their finding thereon, under oath, to said court within ten days ; and if they shall find the complaint to be true, such portion of the road shall be declared abandoned by the company, and it shall be lawful for the mu- nicipal corporation to improve or repair the same, and to assess and collect a charge on the owners of any lots or land or on the lots or lands bounding and abutting on such portion of such road in the same way as is provided by law in relation to the improve- ment of streets. (14.) Sec. 2. Notice of complaint how served, etc. Notice of the complaint and of the appointment and time of meeting of the in- spectors shall be served on the president or other ofiicer of the company or at its principal office, five days before the meeting of said inspectors ; and if such service be made by any person other MUNICIPAL CORPORATIONS. " 331 than the sheriff, it shall be verified by the oath or affirmation of the person making the same. No toll shall be received at the gates for the portion of the road so declared abandoned ; and if the keeper of any gate shall demand and receive toll for the same, he shall be liable to pay the sum of five dollars to the party in- jured, to be recovered by a civil action before any justice of the peace having jurisdiction. The cost of the proceeding on the complaint shall be paid by the company if the action be sus- tained ; if not, by the municipal corporation, an execution shall issue therefor as in other cases. AN ACT to authorize the repair of certain roads. [Passed and took effect April 10, 1856. 53 L. 160 ; S. & C, p. 1329.] (15.) Sec. 1. Macadamized roads in cities, etc.; how condemned if out of repair. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the county commissioners of any county have issued bonds for the purpose of raising money for the purpose of making, repairing, or in any manner improving any road as a macadamized road, and have pledged for the payment of such bonds, the funds arising from the tolls thereafter to accrue from such road, and such county commissioners shall fail to keep any portion of said road within the limits of any municipal corpo- ration in this state, in repair as a good macadamized road for ten days successively, the proper authorities of such municipal corpo- ration may pass a resolution requesting such county commis- sioners, and the holders of such bonds, to repair the same within thirty days after said resolution shall have been published for three consecutive weeks, in some newspaper printed and of gen- eral circulation in the county iawhich such municipal corporation is situated, and a copy of said resolution shall have been served on such county commissioners ; and in case of a failure on the part of such commissioners, and on the part of said bondholders, to repair such road within said thirty days, such municipal corpora- tion may file a petition in writing, with a copy of said resolution, in the probate court of the county, describing the portion of the road required to be repaired ; and it shall be the duty of the court to cause notice of the filing of said petition, by service of summons upon the county commissioners, and by publication, for three consecutive weeks, in a newspaper, printed and of general circu- lation in the county in which such municipal corporation is situ- ated, and thereupon the court shall appoint two disinterested persons as inspectors, who shall view the portion complained of, and return their finding thereon, under oath, to the said court 332 THE LAWS OF within ten daj's ; and if they shall find such complaint to be true, such portion of the road shall bo declared free, and discharged from all claim of said bondholders; and it shall be the duty of the municipal corporation to repair or improve the same, and to assess and collect a charge on the owners of any lots or land, or on the lots or lands bounding and abutting on such portion of such road in the same way as is provided by law in relation to the im- provement of streets. (16.) Sec. 2. Action against persons taking toll on roads condemned. No toll shall be received at the gates for the portion of the road so declared free and discharged ; and if the keeper of any gate shall demand and receive toll for the same, ho shall be liable to pay the sum of five dollars to the party injured, to be recovered by a civil action before any justice of the peace having jurisdiction. The costs of the proceedings on the complaint shall bo paid by either party, as the court may direct, if the action be sustained, if not, by the municipal corporation, and execution shall issue therefor, as in other cases. (17.) Sec. 3. Bondholders need not be made parties. It shall not be necessary, in such resolution and subsequent proceedings, to state the names of such bondholders, but it shall be sufficient to describe them aa the holders of such bonds. Sec. 4. This act shall take effect and be in force from and after its passage. AN ACT relating to free turnpike roads. [Passed and took effect March 14, 1867. 64 L. 54 ; S. & S., p. 687.] (18.) *Sec. 1. [As amended, April 3, 1867. 64 L. 109; S. & S., p. 687.] By levying a tax. Be it enacted by the General As- sembly of the State of Ohio, That town councils of incorporated villages are hereby authoiized to levy a tax to construct free turnpike roads or a part thereof in counties wherein such villages are situated, and terminating or running through said villages. (19.) Sec. 2. . And issuing bonds. For this purpose the said town councils are hereby authorized to issue the bonds of said in- corporated villages, payable with legal interest at such times as said town councils may deem advisable, and such bonds shall not be sold for less than their par value. •■■'Sec. 1. [As originally passod. 64 vol. Stat. 54.] Oouiicit may construct turnpike roads. That town councils of incorporated villages, having by tlie last federal ceimit not leas than two tliousand and not more than four lltousand five tmndred inliahiiants^ are hereby authorized to levy a tax to construct free turnpike roads or a part thortiof in counties wheroia such villages are situated, and ter- minating in or running through said villages. MUNICIPAL CORPORATIONS. 333 (20.) Sec. 3. Tax to pay the bonds. For the purpose of paying said bonds and the interest thereon, as the same may become due, the said town councils are hereby authorized to levy a tax upon the taxable properly of said incorporated villages, sufScient for the purpose, not exceeding five mills on the dollar in any one year ; provided, that such tax shall in no case be levied, nor shall such bonds be issued, until at some qualified election, held in the year 1867, the majority of the qualified electors of such villages shall approve thereof. Sec. 4. This act shall take effect and be in force from and after its passage. AN ACT to authorize the county commissioners to construct roads on petition of a majority of resident land owners along and adjacent to the line of said road, and to repeal an act therein named. [Passed and took effect March 29, 1867. 64 L. 80; S. & S., p. 671.] ***** * * **** (21.) Sec. 9. Roads terminating in cities; how improved. That when any road to be improved under and by virtue of this act, begins or terminates in a city or incorporated village, the corpo- rate authorities of said city or village may, upon the recommenda- tion of the county commissioners (if they deem the same expedi- ent,) agree to pay in the bonds of said city or village, in the manner and proportions described in the seventh section of this act, in addition to any amount that may be assessed upon the real property of such village, by virtue of the provisions of this act, an amount not exceeding one-fifth of the entire cost of said road; provided, that the entire tax to be imposed for road purposes, by virtue of this section, shall not in any one year exceed five mills on the dollar of the taxable values of said city or village. (22.) Sec. 10. Continuing roads into or through adjoining coun- ties. That when it may be desirable or expedient to continue any road contemplated under this act, into or through an adjoining county, the city council of any city of the first or second class may, upon the application and recommendation of the county commissioners of such county (if the council shall deem the same promotive of the general interests of said city), aid in the con- struction of said road to an extent not exceeding one-fifth of its cost, the payment of the same to be provided in the manner and proportions described in the seventh section of this act. ***** * * * * 334 THE LAWS OP AN ACT supplementary to "an act relating to free turnpikes," passed March 11, 1867. 64 L. 54. [Passed and took effect May 12, 1868. 65 L. 180; S. & S., p. 686.] (23.) Seo. 1. Town council may aid in construction of free turn- pikes. Be it enacted by the General Assembly of the State of Ohio, That in any case where a free turnpike road in progress of con- struction, terminates within one mile, by way of a public road, of any such incorporated village as described in the act to which this is supplementary, the town council of such incorporated vil- lage shall have the same power to levy a tax and to issue bonds to aid in the construction of such free turnpike road, that said council would have if said free turnpike road terminated in said incorporated village; and if the county commissioners having in charge the construction of such free turnpike road shall accept said bonds issued in pursuance of thi.s act, said free turnpike road shall be deemed to be extended by way of the public road, before mentioned, to the corporate limits of said incorporated village; and said commissioners shall make and publish an order to that effect, and thereupon said commissioners shall improve said exten- sion of said free turnpike road in the same manner as the other parts of the same. Sec. 2. This act shall take effect and be in force from and after its ;^assage. AN ACT relating to roads and highways. [Passed and took eflfect March 9, 1868. 65 L. 14; S. & S., p. 662.] ^ ^ ^1^ 4z ^ ^ff ^If ^C He (24.) *Sec. 21. [As amended, April 8, 1868. 65 L. 78; S. & S., p. 670.] Persons charged with road tax may pay it m labor, etc, ; taxes must be expended in township or corporation lohere raised; proviso as to township where former act was not received in due time. Any person charged with a road tax may discharge the same by labor on the public highways within the district where the same *Sec. 21. [Ab originally passed. €5 L. 14.] Rate per day for labor; certificates; taxes to he expended in towmhip^ cohere collected, etc. Any person charged with a road tax may discharge the BamG by labor on the public highways within the district where the same is charged, within the time designated in this act, at the rate of one dollar and fifty ceats per day, and a ratable allow- ance per day for any team and implements furnished by any person under the direction of the supervisor of such district, who shall give to such person a certificate specifying the amount of tax 80 paid, and the district and township wherein such labor was performed, which certificate shall in no case be given for any greater sum than the tax charged against such person, and the county treasurer shall receive all such certificates as money in the discharge of said road tax. All road taxes collected by the county treasurer shall bo paid over to the treasurer of the township from which the same were coUectcfd, and shall be expended on the public roads in the township from which the said taxes were collected, under the direction of the trustees of the proper town- ship, and all funds heretofore levied for road purposes, and not expended, shall be expended by the trustees as other taxes collected under the provisions of this act. MUNICIPAL CORPORATIONS. 335 is charged, within the time designated in this act, at the rate of one dollar and fifty cents per day, and a ratable allowance per day for any team and implements furnished by any person under the direction of the supervisor of such district, who shall give to such person a certificate specifying the amount of tax so paid, and the district and township wherein such labor was performed, which certificate shall in no case be given for any greater sum than the tax charged against such person, and the county treasurer shall receive all such certificates as money in the discharge of said road tax. All road taxes collected by the county treasurer shall be paid over to the treasurer of the township, or municipal corpora- tion, from which the same were collected, and shall be expended on the public roads, and in building and repairing bridges as herein- before provided, in the township or municipal corporation from which the said taxes were collected under the direction of the trustees of the proper township or council of such municipal corporation, and all funds heretofore levied for road purposes, and not expended, shall be expended by the trustees of the township or council of the municipal corporation from which the same were collected, as other taxes collected under the provisions of this act; provided, where township trustees have failed to receive the act to which this is an amendment in time to redistrict their townships into road districts, and order an election for supervisors thereof as required by said act, the trustees of such townships upon the passage of this act are hereby au- thorized and required for the year 1868, to redistrict their township into road districts and appoint supervisors therefor, who shall before entering upon the duties of their office, take an oath or affirmation to faithfully and impartially discharge the duties of their office, and shall be under the same restrictions and penalties as though they had been duly elected and qualified. (25.) Sec. 30. Duty of supervisor as to horded roads on state, town- ship and town lines. That it shall be lawful for the supervisor of road districts, bordering on the state line between Ohio and any adjoining state, where a public highway has been located upon such state lines in accordance with and under the provisions of the laws of the state of Ohio, to apply the labor of said district upon said roads in the same manner as on other roads located within the boundaries of this state; and in case any public road is or shall be established as a part of the line, or boundary of any township, or incorporated village or city, the trustees in such ad- joining township or townships and council of such incorporated village or city, as the case may be, shall meet at some convenient 336 THE LAWS OP place as soon after the first Monday of March as convenient, and apportion such road between the two townships or township and village or city, as justice and equity may require, and the trustees in their respective townships or village or cily council, shall cause said road or roads to be opened and improved accordingly. AN ACT to exempt certain persons therein named from perform- ing labor on the public highways. [Passed and took effect April 13, 1867. 64 vol. Stat.'uO; S. & S., p. 671.] (26.) Sec. 1. Pensioners exempt from labor on roads. Be it en- acted by the General Assembly of the State of Ohio, That all pensioners of the United States government shall be, and they are hereby exempted from performing labor on the public highways, or upon the streets or alleys of unj city or incorporated village, and from paying any fine or commutation whatever in lieu thereof. Sec. 2. This act shall take effect and be in force from and after its passage. AN ACT to authorize county commissioners and councils of in- corporated villages to contract for the delivery of material for the construction of roads and the improvement of streets in certain cases. [Passed April 14, 1870. 67 L. 52] (27.) Sec. 1. Commissioners, etc., may contract for delivery of ma- terials, etc. Be it enacted by the General Assembly of the State of Ohio, That in any case where county commissioners, in contract- ing for the construction of turnpike roads, under anj'^ of the laws now in force, shall find it necessary, by reason of the inconvenient location of the gravel or stone for the construction or repair of such roads, to have the gravel or stone transported to convenient points, hj rail, they are hereby authorized to make such contract tor transportation, at public sale, as will best subserve the public interest. The cost of such matciial, and the transportation of the same, shall be paid from the county treasury, by order of the com- missioners, from any funds applicable to the construction of said roads, and the same shall be taken into the estimate of any con- tract price, at the time of the sale of said roads: provided that any contracts heretofore entered into, for the purpose above named, and remaining uncompleted, shall be held to fall within the pro- visions of this act. Sec. 2. The same as to villages. That councils of incorporated villages, where material for graveling and macadamizing the MUNICIPAL CORPORATIONS. 337 streets will have to be transported by rail, shall have like power with county commissioners in case of turnpike roads. Sec. 3. This act shall take effect from its passage. SECOND HAND STOEBS. (1.) How store for purctaaF^e, Bale, or barter of (3.) Must only be kept open at certain hours, old metal, etc., to be kept ; sign, etc. (4.) Penalty for violation. (2.) Keeper must not deal with minors or ap- prentices. AN ACT to regulate in cities of the first and second class stores or shops for the purchase, sale or exchange of old metals, 'or second-hand furniture. [Passed and took effect March 31, 1864. 61 L. 128; S. &S., p. 821.] (1.) Sec 1. Store for sale, purchase, or barter of old metal or second-hand articles ; how to be kept, and sign. Be it enacted by the General Assembly of the State of Ohio, That in all cities of the first and second class, every keeper of a shop or store for the purchase, sale, or barter of old metals, second-hand furniture, or second-hand articles of any kind, shall put up in some suitable and conspicuous place in his shop or store, a sign having his name and occupation legibly inscribed thereon, and shall keep a book in which shall be written at the time of every purchase of any such old metals or second-hand articles, a description of the article or articles pur- chased, the name, age, and residence of the person from whom, and the day and hour when such purchase was made. - (2.) Sec. 2. Such store not to deal with minors or apprentices. That no keeper of any such shop or store shall directly or in- directly purchase or receive by way of barter or exchange, any old metals, second-hand furniture, or other second-hand articles^ of any minor or apprentice, knowing or having reason to believe him to be such. (3.) Sec. 3 Nor kept open except at certain hours. No keeper of any such shop or store shall purchase or receive by way of barter or exchange, any of the articles aforesaid from any person what- ever, after the hours of nine o'clock at night, or before the hour of seven o'clock in the morning. (4.) Sec. 4. Penalty for violation of the above. That any pers9n violating the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not more than five hundred dollars, at the discretion of any court of competent jurisdiction. v Seo. 5. This act shall take effect from and after its passage. 338 THE LAWS OP TAXES. (1.) Levy of taxes to pay bonds issned to rail- (6.) Special board of equalization in cities roade, etc. for real property. (2.) How county treasurers to pay to local trean- (6.) Special board of equalization in cities nrers. for personal property. (3.) Duty of authorities levying taxes ; restric- (7.) Actions to enjoin illegal assessments, tions on contracts, etc. how broughtr (4,) Contracts in violation of acts void; liability of truBtetB therelor. AN ACT for the assessment and taxation of all property in this state, and for levying taxes thereon according to its true value in money. [Passed and took effect April 5, 1859. 56 L. 175; S. & C, pp. 1438-1466.] i^ :it: ii: ^ iti * :f:4:H: (1.) Sec. 80. Levy to pay bond of county, city, or township given for railroad subscription. The competent authorities of any county, city or township, that shall have subscribed to the capital- stock of any railroad company, and shall have issued its bonds or other securities for the payment of such subscription, may, at any time within five years next before the principal of such bonds, or other securities, shall be payable, if the market price of the stock of such railroad company be less than seventy-five per cent, on its par value, levy, or cause to be levied, annually, on the taxable property of such county, city, or township, such tax not exceed- ing one mill on the dollar, as will be suflScient to balance the dis- count on the railroad stock held by such county, city, or township, by the time such bonds may become due ; and the proceeds of all Buch taxes shall form, with such stock, a sinking fund, and shall be invested in the purchase of the bonds issued by such county, city, or township, or in other safe and productive securities, and shall be applied to the payment of the bonds so issued, and to no Other use or purpose whatever. AN ACT to provide for the semi-annual collection of taxes. [Passed and took effect April 2, 1859. 56 L. 101 ; S. & C, p. 1475.] • »«»**«* (2.) Sec. 12. County treasurer's payments to local treasurers ; pro- viso. Each county treasurer shall, immediately after each semi- annual settlement with the county auditor of his county, on de- mand aud presentation of the warrant of the county auditor therefor, pay over to the township treasurer, city treasurer, or other proper oflScer, all moneys in the county treasury belonging MUNICIPAL CORPORATIONS. 339 to any township, city, incorporated village or school district: Provided, that if any township treasurer, or other proper officer aforesaid, shall request, or the trustees of any township, the coun- cil of any city or incorporated village, or the board of education of any school district, respectively, shall so direct, the moneys mentioned in this section shall remain in the county treasury, to be thence drawn by the proper local treasurer, on the warrant of the county auditor, in sums of not less than one hundred dollars. *T* ^* ^h 'T* *** AN ACT prescribing the rates of taxation for state, county, township, city, and other purposes. [Passed and took effect April 30, 1862. 59 L. 71 ; S. & S., p. 777.] (3.) Sec. 7. Duties of county commissioners ; restrictions in mak- ing contracts, levies, etc.; proviso. It shall be the duty of the com- missioners of each county and the constituted authorities having power to levy taxes of each city, village, town, township and dis- trict, annually, at the time of making or determining the rate of any levy by them respectively made or authorized, or as soon thereafter as may be practicable, and not later than the first Mon- day of August in the then current year, to make a careful and as near as may be an accurate estimate of the amount 'or sum of money that will be produced by such levy, after making due al- lowance for all delinquencies and the costs of collection, and shall record the same in the records or minutes of their proceedings, stating separately the amount or portion belonging to each sep- arate purpose or fund, together with the total amount of the tax- able valuation of property on which such levy is made ; and no contract, obligation or liability, nor any number of contracts, obligations or liabilities shall be entered into, made or incurred by or on behalf of such county, city, village, town, township or district, including boards of education, for any purpose or pur- poses which in the aggregate shall, directly, indirectly or contin- gently, exceed the net amount of the levy for such purpose or purposes so made and estimated as aforesaid with any unexpended balance of former levies added thereto, after deducting the amount of existing liabilities against such fund ; and it shall be unlawful for the corporate authorities of any county, city, village, town, township or district to levy any other or greater tax than the taxes authorized by this act, or any other act of the present gen- eral assembly, or to contract any debt, make any contract, or incur any pecuniary liability for the payment of either the in- terest or principal of which during the then current year, or any 340. THE LAWS OP sub8equent year, it will be necessary to levy any other or greater tax or taxes than the then existing laws shall clearly authorize to be levied : Provided, that nothing in this act contained shall be construed to limit or prohibit the exercise of the authority here- tofore conferred by law upon the constituted authorities of any county, city, village, town, township or district to levy taxes for the payment of the interest and principal of the now existing debts of such county, city, village, town, township or district. (4.) Sec. 8. Contracts in contravention of this act void as to corpo- ration making same, but officers, etc., individually liable; exception. Every contract made in contravention of the provisions of this act shall be utterly null and void as to the corporation or district on behalf of which such contract may purport to have been made; but every commissioner, trustee, ofHcer, agent or member of any such corporation, who shall have made, participated in the mak- ing, or authorized the making of any such contract, shall be held to be individually liable for its performance, and every such com- missioner, trustee, officer or agent of any local corporation author- ized to levy taxes, or members of the board of education, who shall have been present when any such unlawful contract was made, or authorized to be made, shall be deemed to have made, participated in making, and to have authorized the making of the same, unless he shall have dissented and entered or caused to be entered such dissent on the records of such corporation or of its councils, trustees, or other officers or agents. • AN ACT for the assessment and taxation of all property in this state, and for levying taxes thereon according to its true value in money. [Passed and took effect April 5,1859. 56 L. 175; S. & C, pp. 1438-1454.] (5.) *Sec. 40. [As amended, May 8, 1868. 65 L. p. 166; S. & S., p. 751.] Special board in cities. There shall be a special board for the equalization of the real property in cities of the first and second class, to be composed of the county auditor and six cit- izens m eac/i of said cities, to be appointed by the city council; *Se:c. 40, [As origJDally passed.] Special hoard for Cincinnati. There shall be a special board for the equalization of the real property in the city of Cincinnati, to be composed of the county auditor and six citizens of said city, to be appointed by the city council ; said board shall meet at the auditor's office in Cincinnati, on the fourth Monday of October, one thousand eight hun- dred and fifty-nine, and every sixth year thereafter, and shall have power to equalize the value of the real property within Uie city of Cincinnati, and shall be governed by the same rules, provisions aud limitations that are prescribed in the preceding section for the government of the county boards for the equalization of property. MUNICIPAL COEPORATIONS. 341 said board shall meet at the auditor's office in said [city, on the fourth Monday of October, one thousand eight hundred and seventy, and every tenth year thereafter, and shall have power to equalize the value of the real property within such city, and shall be gov- erned by the same rules, provisions and limitations that are pre- scribed in the preceding section for the government of the county boards for the equalization of property. * ****** * * (6.) *Sec. 45. [As amended, May 8, 1868. 65 L. 166; S. & S., p. 751.J Special board in cities. There shall be a special board for the equalization of real and personal propertj', moneys and credits, in cities of the first and second class, to be composed of the county auditor and six citizens of each of said cities, to be ap- pointed by the city council of such city. Said board shall meet annually, at the auditor's office in said cities, on the fourth Mon- day of May, and shall have power to equalize the value of the real and personal property, moneys and credits, within said cities, and shall be governed by the same rules, provisions and limitations that are prescribed for the government of county boards for the equalization of real and personal property, moneys and credits: provided, that said board shall not be authorized to extend its ses- sion beyond the fourth Monday in June in each year. AN ACT in addition to the several acts in relation to the courts of justice and their powers and duties. [Passed April 10, and took effect May 1, 1856. 53 L. 178 ; S. & C, p. 1151.] (7.) Sec. 2. Against whom brought. Actions to enjoin the illegal assessment of taxes shall be brought against the county auditor, and also against any municipal corporation for whose use or ben- efit the assessment maybe made; where such assessment may not go on the county duplicate, the actions shall be against the corporation making the same; actions to enjoin the collection of taxes shall be brought against the officer having the collection *Sec. 45. [As originally passed.] Annual special board for Cincinnati. There shall be a special board for the equalization of the real and personal property, moneys and credits, in the city of Cincinnati, to be composed of the county auditor and six citizens of said cUy, to be appointed by the city council ; said board shall meet annually, at the auditor's office in Cincinnati, on the fourth Monday of May, and shall have power to equalize the value of the real and (lersonal prop- erty, moneys and credits, within the city of Cincimiali, and shall be governed by the same rules, provisions and limitations, that are prescribed for the government of the county boards, for the equalization of real and personal property, moneys and credits : provided, that said board shall not be authorized to extend its session beyond the fourth Monday in June, in each year. 342 THE LAWS OF thereof; and actions to recover back such taxes, after the collec- tion of the same against the officer making the collection ; or, in case of his death, against his personal representatives; and where the taxes are not collected on the county duplicate, the corpora- tion making the assessment shall also be made defendant; but no recovery shall be had unless the action be brought within one year after the taxes shall have been collected. TOWN HALLS. (1.) Voters of villages and cities of second class (3.) Hall, grODnds, etc., to be under control of to vote for or against improvement of trustees. town halls. (4.) May be erected on public square or other (2.) How ballots to be inscribed ; duty of trns- property. tees if vote is favorable. AN ACT to authorize the erection, improving, enlarging, or con- structing additions to town halls, and to repeal an act therein named. (61 L. 58.) [Passed and took effect April 2, 1866. 63 L. 84 ; S & S., p. 783.] (1.) Sec. 1. Legal voters may vote for or against improving town halls. Be it enacted by the General Assembly of the State of Ohio, That the legal voters of any township, incorporated village, or city of the second class in this state, having a population not exceed- ing sixteen thousand inhabitants, may assemble on the first Mon- day of April in any year, at the usual place of holding elections in said township, incorporated village, or city of the second class, as aforesaid, and then and there decide, by ballot, for or against levy- ing a tax on all the property subject to taxation in such township or incorporated village, or city of the second class, as aforesaid, for the purpose of erecting a town hall, or for the purpose of im- proving, enlarging, or. constructing additions to a town hall al- ready erected; provided, ten days' previous notice shall be given by the township clerk, on the order of the township trustees, (or the written request of not less than ten legal voters of the town- ship,) by posting up printed or written notices in three of the most public places in said township; and in incorporated villages, and cities of the second class, said notices shall be given by the town or city council, by publication in some newspaper of general cir- culation therein. (2.) *Sec. 2. [As amended, May 7, 1869. 66 L. 339.] County auditor to levy tax; trustees may purchase grounds, etc. That every *Sec. 2. [As originally passed. S. & S., p. 783.] Election, how conducted; county avditor must levy tax; tax may he levied /or improving town liall, etc. ; bow tax coU&Ued. Thut every voter who is in MUNICIPAL CORPORATIONS. 343 voter who is in favor of levying a tax on all the property of the township as aforesaid for the erection of such hall, or for improv- ing, enlarging, or constructing additions to town halls already- erected, as the case may be, shall indorse on his ballot "town hall," "improvement town hall," "enlargement town hall," or "addition town hall," as the case may be; and if a majority of all the ballots cast at said election are indorsed as aforesaid, then the trustees of such township shall, on or before the first day of June thereafter, inform the auditor of the proper county of the vote of the electors in such township, as expressed at said election ; and the county auditor shall levy a tax on all the property of such township' standing on the grand list for the purpose aforesaid ; and the said trustees of any township shall have power to purchase grounds, or to receive by devise or deed of gift for the conveyance of real estate for said purpose,- and it shall be lawful for the trustees of any township in which a town hall shall have been erected at any time, to levy a tax upon all the property of said township, subject to taxation for the purpose of painting, repairing, or dis- charging any existing debt incurred in the erection or purchase of. such hall, or in the improving, enlarging or constructing addi- tions to such hall, provided the amount of taxes under the pro- visions of this act shall in no case exceed four mills on the dollar in anyone year, on the taxable property of any township; pro- vided further, that the trustees of any township, or their successors in office, shall not levy a tax for the erection of any town hall, nor for the painting, repairing or enlarging of any town hall alreaJy erected, favor of levying a tax on all the property of the township, incorporaled village, or city of the Recatid class, as aforesaid, for the erection of such hall, or for improving, enlarging, or constructing additions to town halls already erected, as the case may be, shall indorse on his ballot " town hall," "improvement town hall," "enlargement town hall," or *' addition town ball," as the case may be ; and if a majority of all the ballots cast at said election are indorsed as aforesaid, then the trustees of such township, council of such incorporated village, or city of the second claetf shall on or before the first day of June thereafter, inform the auditor of the proper county of the vote of the electors in such township, incorporated village, or city of the second class, as aforesaid, as expressed at said election ; and the county auditor shall levy a tax on all the property of such township, incorporated village, or city of the second class, standing on the grand list, for the purpose aforesaid, to enable the trustees of such township, the council of such incorporated village or city of tJte second class, to purchase a lot, if necesmry, upon which to erect said hall. And it shall be lawful for the trus- tees of any township, council of any incorporated village, or cUy of the second class, in ^\ hich a town hall shall have been erected at any time, to levy a tax upon all the property of said township incorporated village, or city of the second class, subject to taxation, for the purpose of painting, re- pairing or discharging any existing debt incurred in the erection or purchase of such hall, or in the improving, enlarging, or constructing additions to such hall ; provided, the amount of taxes under the provisions of this act shall in no case exceed two mills on the, dollar in any one year, on the taxable property of any township, incorporaixd village, or city of the second class; and the tax so levied shall be collected by the county treasurer in the same manner, and at the same time, that state and county taxes are collected and by him paid, on the order of the county auditor, to the trustees of such township, or to the council of any incorporated village, or city of ths eeeottd dose raising the same. 344 THE LAWS OF for a period not longer than seven years; and the tax so levied shall be collected by the county treasurer in the same manner and at the same time that state and county taxes are collected, and by him paid on the order of the county auditor, to the trustees of such township raising the same. ■ (3.) *Sec. 3. [As amended, May 7, 1869. 66 L. 339.] Hall and grounds to be under control of trustees, etc. That said hall and the grounds upon which it is erected or purchased for the erection of a town hall, shall be under the control of the trustees of the township, and the trustees of such township shall have power to sell and convey ■any lot or grounds which may have been purchased by such trustees for said town hall, at any time previous to the erection of such town hall on said lot or grounds, whenever a majority of the qualified electors at any general election of such township shall vote in favor of selling the same and purchasing grounds elsewhere; provided that ten days' pre- vious notice shall be given by the township clerk, on the order of the township trustees or the written request of not less than ten legal voters of the township, by posting up printed or written notices in three of the most public places in said township; and all moneys arising from such sale shall be applied to the purchase of such other site as may be se- lected by the trustees of said township ; provided further, that all town- ships, as aforesaid, that have heretofore voted for a town hall under the provisions of the acts heretofore repealed, and which have not yet levied the tax to build the same, are hereby authorized to levy said tax under the provisions of this act. Sec. 4. Repealing clause. That the act entitled "an act to amend the act entitled an act to authorize the erection of town halls, passed February 24, 1848, and to repeal an act amendatory thereof, passed .April 3, 1861," passed March 25, 1864, be and the same is hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage. AN ACT supplementary to an act passed April 2, 1866, entitled an act to authorize the erection, improving, enlarging or construct- ing additions to town halls, and to repeal an act therein named. [Passed and took effect, April 13, 1867. 64 L. 140; S. & S., p. 784.] (4.) Sec. 1. Erection of town hall. Be it enacted by the General *Sec. 3. [As originally passed, April 2, 1866. S. A S., p. 78a.] Hall to he tinder control oflrus/ees or council. The said hall, and the grounds upon which it is erected, shall be under the control of the trustees of the township if erected by a towmhip; and of the council^ ifei-ected hy an incorporated village, or city of the second clneit ; provided further, that all townships, incorjjora^fd villageH, or cities of {lie second class, as aforesaid, that have heretofore voted for a town hall under the provisions of the acts hereinafter rejiealed, and which have not yet levied the tax to build the same, are hereby authorized to levy said tax under the provisions of this act. MUNICIPAL 00RP0EATI0N8. 345 Assembly of the State of Ohio, That the legal voters of any incor- porated village or city of the second class, having a population not exceeding sixteen thousand inhabitants, and the legal voters of the township in which said incorporated village is situated, be and are hereby authorized to erect on the public square of said incor- porated village, or in the absence of such public square, upon such property as the town council of said incorporated village and town- ship trustees may purchase, a town and township ball, upon such terms and conditions as the town council of said village and the trustees of said township may agree upon under the act to which this is supplementary. Sec. 2. This act shall take effect from and after its passage. TEBASUEEES. (1.) Settlement of outgoiug treasurer. (4.) When treasurer may deposit in bank. (2.) What is embezzlement by treasurer, pun- (5.) Such deposit not to exempt treasurer from ishment, evidence, etc. responsibility. (3.) Previous act not to prevent recovery of deposit in violation of It. AE" ACT to further provide for the better regulation of the receipt, disbursement, and safe keeping of the public revenue. [Passed April 12, and took effect July 4, 1858. 55 L. 92; S. & C, p. 1596] * * * * * H: * (1.) Sec. 22. Settlement by state, county, township or city treas- urer, outgoing, or his legal representatives, with state, county, or city auditor; what settlement to exhibit; auditor's certificate to incom- ing treasurer; payment, delivery of books, etc., by outgoing treasurer. Whenever the term of ofiSce of any treasurer of this state or any treasurer of any county or township or any organized city in this state shall have expired, or he shall have resigned, died, or have been removed from office, he, or in case of his death or incapacity, his legal representatives, shall immediately make a full settlement with the auditor of state, or the auditor of any county or organ- ized city in this state, as the ease may bo, of and concerning all moneys paid into, and out of such treasury, since his last previous settlement, which settlement shall be so made as clearly to exhibit on what account and for what purpose each" payment either into or out of the treasury, shall have been made, and in case of payments out of the treasury, on account of what appropriation every such payment was made; and the auditor shall certify to the incoming treasurer the several sums to be paid over to him by the outgoing treasurer on account of such appropriation that shall not have been fully paid, and also the sum to be 'paid on general account; and the outgoing treasurer or his legal representatives shall forth- 346 THE LAWS OP with pay over to his successor the several sums of money so certi- fied, and also deliver to him all the books, accounts, vouchers, offi- cial papers and correspondence of whatsoever kind, together with all other property, bonds, securities, claims, assets and effects be- longing to the state or to any county or township or organized city in this state, as the case may be ; and neither the outgoing treasurer nor his securities shall bo discharged from his or their lia- bility to the state or to any county or township or organized city in this state, as the case may be, until such settlement, payments and delivery of books, accounts, vouchers, official papers, prop- erty, bonds, securities, claims, assets and effects, and other papers and correspondence hereinbefore enumerated, shall have been made. * * * h; * * AN ACT to establish the independent treasury of the state of Ohio. [Passed April 12, and took effect July 1, 1858. 55 L- 44; S.& C, p. 1606.] ****** (2.) Sec. 15. What shall he held an embezzlement of public money ; punishment ; who can release fine; evidence on trial. That if any officer or other person charged with the collection, receipt, safe keeping, transfer or disbursement of the public money, or any part thereof, belonging to the state, or to any county, or township, or organized city or village in this state, shall convert to his own use, or to the use of any other person or persons, body corporate, association or party whatever, in any way whatever, or shall use by way of investment in any kind of security, stock, loan, property, land or merchandise, or in any other manner or form whatever, or shall loan, with or without interest, to any company, corporation, association or individual, or shall deposit with any company, corporation or individual, any portion of the public money, or other funds, property, bonds, securities, assets or effects of any kind, received, controlled, or held by him for safe keeping, trans- fer or disbursement, or in any other way or manner, or lor any other purpose; or if any person shall advise, aid, or in any man- ner participate in such act, every such act shall be deemed and held in law to be an embezzlement of so much of the said moneys or other property, as aforesaid, as shall be thus converted, used, invested, loaned, deposited or paid out as aforesaid; which is hereby declared to be a high crime and misdemeanor, and upon prosecution, trial by, indictment and conviction thereof before any court of this state having competent jurisdiction, such officer or person or persons shall be sentenced to imprisonment in the peni- tentiary, and kept at hard labor for a term of not less than one MUNICIPAL CORPORATIONS. 347 year nor more than twenty-one years, according to the magnitude of the embezzlement, and, also, to a fine equal to double the amount of money or other property so embezzled as aforesaid, which fine shall operate as a judgment at law on all of the estate of the party so convicted and sentenced, and shall be enforced to collection by execution or other process, for the use only of the party or parties whose money or other funds, property, bonds or securities, assets or effects of any kind as aforesaid, has been so embezzled. And in all eases, such fine so operating as a judgment, shall only be re- leased or entered as satisfied by the party in interest as aforesaid. Any failure or refusal to pay over or to produce, the public money or any part thereof, by any officer or other person, under this act, charged with the collection, receipt, transfer, disbursement or safe keeping of the public money or any part thereof, whether belong- ing to the state, or to any county, or township, or organized city, or incorporated village in this state, or any other public money whatever; or any failure to account to, or to make settlement with, any proper and legal authority, of the official accounts of such officer or person, shall be held and taken as prima facie evidence of such embezzlement. And upon the trial of any such officer^or person," for embezzling public money under the provisions of this act, it shall be sufficient evidence for the purpose of showing a balance against such officer or person, to produce a transcript from the books of the auditor of state, or comptroller of the treasury, or the auditor of the county, or the records of the commissioners of the county ; and the refusal of any such officer or person, whether in or out of office, to pay any draft, order or warrant which may be drawn upon him, by the proper officer, for any public money in his hands, no matter in what capacity the sdme may have been re- ceived or may be held by him, or any refusal, by any person or' public officer named in this act, to pay over to his 'successor any public moneys, or securities promptly, on the legal requirement of any authorized officer of the state or county, shall be taken on the trial of any indictment against such officer or person for em- bezzlement, as prima facie evidence of such embezzlement. AN" ACT declaratory of the true intent and meaning of the act entitled "an act to establish the independent treasury of the state of Ohio," passed April 12, 1858. (S. & C, p. 1606 ; 55 vol. Stat. 44.) [Passed and took effect April 7, 1863. 60 L. 64; S. & S., p. 920.] (.3.) Sec. 1. Public funds illegally loaned may he recovered by suit or otherwise. Be it enacted by the General Assembly of the State of 348 THE LAWS OF Ohio, That the act of the general assembly of the state of Ohio, passed April 12, 1858, entitled "an act to establish the independ- ent treasury of the state of Ohio," shall not be so construed as to prevent the proper authorities of the state, or of any county or township, or of any organized city of the state, from so far adopt- ing any illegal loan or deposit of public money, funds, property, bonds, securities or assets, belonging to the state, or to any county, township or city, heretofore made, as aforesaid, as to authorize the collection, by suit or otherwise, of such money, funds, property, bonds or securities thus loaned or deposited, as against the party receiving the same, and as against any and ail other parties. Sec. 2. This act to take effect from and after its passage. AK ACT authorizing treasurers of villages and townships to de- posit their funds in banks, in certain cases. [Passed and took effect March 20, 1867. _ 64 L. 65 ; S. & S., p. 904.] (4.) Sec. 1. When township and village funds may be deposited. Be it enacted by the General Assembly of the State of Ohio, That in any village or township in the State of Ohio, in which there is not provided a good fire and burglar proof safe, in which to keep the funds provided for said village or township, the treasurer or person intrusted with funds of the same, may, by and with the consent of the council of said village or trustees of said township, deposit the funds belonging to said village or township in some bank or other safe place, subject to the order of the treasurer mak- ing the deposit. (5.) Sec. 2. If money is lost treasurer held accountable. The fail- ure or inability on the part of any individual or corporation, with whom the funds of any village or township may be deposited, to re- fund the money deposited, shall not in any way or manner release the treasurer of any village or township from responsibility, but he shall be held and firmly bound for the money belonging to said village or township. Sec. 3. This act shall take effect on and after its passage. WORK HOUSES. (1.) Lands may be acquired for work houses, (2.) County commissioners may unite with without corporate limits. cities in the erection of work houses. AK ACT to authorize the corporate authorities of cities to acquire lands by purchase outside the corporate limits, for the purposes of a house of refuge and correction and work house. [Passed April 29, 1871. 68 L. 90.] (1.) Sec. 1. Lands may be purchased outside of city, for house of MUNICIPAL CORPORATIONS. 349 refuse, etc. Be it enacted by the General Assembly of tlie State of Ohio, That it shall be lawful for the corporate authorities of any city to acquire by purchase, and hold and possess lands without the limits of the corporation, for the purpose of establishing and maintaining thereon a house of refuge and correction and work house. Sec. 2. This act shall take effect and be in force from and after its passage. AN ACT to authorize county commissioners to unite with cities in the erection and maintenance of work houses. [Passed May 1, 1871. 68 L. 114,] '(2.) Sec. 1. County commissioners may unite with cities in the erec- tion of work houses. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the commissioners of any county within this state to unite with any city, located in such county, in the erection, management and maintenance of a work house for the joint use of such county and city ; and said commis- sioners are authorized to levy and collect the necessary funds therefor from the taxable property of such county; provided, that said commissioners shall not collect and expend a greater amount than shall be collected and expended by such city for the same purpose; and provided further, that the management of such work house shall be under and in pursuance of chapter XX of an act entitled "an act to provide for the organization and government of municipal corporations," passed May 7, 1869, and such laws as maybe hereafter passed relating to the same subject: Provided, that not more than ten thousand dollars shall be levied or appro- priated by the commissioners for such purpose, unless the amount be approved by a majority of the voters of the county, exclusive of the city, voting at some general election. Sec. 2. This act shall be in force from and after its passage. INDEX. ALLEYS. See Streets. ANIMALS— PABE May be prevented from running at large _ 57 Auction of, in streets may be regulated 56 ANNEXATION OF CONTIGUOUS TBERITOEY— On Application of Residents. Form of proceedings .^ , 211,212 When complete 213 When territory in two or more counties 213 On Application of Corporation. Form of proceedings _ 213 When complete 214 When territory lies in two or more counties 214 Of Contiguous Corporations. Form of proceedings 215, 216 When complete 216 Not to irapairrights or liabilities '. 217 Of portion of one corporation to another 241 Miscellaneous. Errors and irregularities not to vitiate 214 Of contiguous territory for road purposes 144 Wards in annexed territory .' 108 APPKENTICES— Directors of houses of refuge and correction may bind out 73 Infirmary directors may bind out 141 APPROPRIATION OF PRIVATE PROPERTY— For what uses cities and villages may take 151, 152 No more to be taken than is reasonably necessary 150 What may be taken 152 Sow taken. By resolution declaring intent 152 What resolution must contain 152 By what majority passed 152 Proceedings in Assessment of Compensation. Application to be made to court 153 What it must contain 153 Notice to owners, how given 153 352 INDEX. Appropriation or Pritate Property — Continued. paoe Duty of court in proceedings 153 Jurors in probate court, how obtained 154 View of premises when ordered 155 Guardian ad litem for infants, etc 156 Court may require application to be amended 156 Bule of assessment 242 Verdict, form of. 156 Verdict, partial, when to be returned 156 Possession of Property. How delivered to corporation 157 Corporation not to be delayed by dispute as to ownership 157, 242 Course in case of conflicting claims 242, 243 Order as to payment or deposit 156 When it may be suspended 158 Corporation may give seci^fity and take possession 158 Review or Appeal. Keview, how obtained .■! 158 Appeal from probate court 159 Transcript, how furnished 159 Original papers to be transmitted 159 Corporation to have no right of review or appeal 159 AKBITEATION— Power to submit to 3 (ra) ASSESSMENTS— Jn Villages for Special Purposes. May be made for street improvements 14 In Oities and Villages — For what purposes they may be made. Water pipes and house connections 98 Gas pipes and house connections 116 Sprinkling streets 118 Removing nuisances....^ 85, 135 Improvements 178 Lighting streets 178 Sewers 189, 190 Canals and watercourses 184 How made. In villages of less than 4,000, a majority of the owners must assent.. 165 In cities and other villages, two-thirds of council must concur, un- less two-thirds of the property-holders assent 165 Eesolution'to he passed 174 Notice to he published 174 Ordinance determining to proceed with improvement 176 Ordinance assessing tax 178 Must specify time of payment 179 May provide for collection in annual installments 179 Rules of Apportionment. What is cost of improvement 167, 171 (n) What portion must be paid by corporation 180, 181 INDEX. 353 Assessments — Continued. paok May be made per front foot 178 Or according to the valuation on tax duplicate 178 How valuation determined when land is not subdivided 166 Or according to benefits, including property not abutting 179 Estimate of assessments, how made 180 How equalized and confirmed 181 Street intersections to be paid by tax on general duplicate 181 Rule in case of change of grade 171 Kule where streets are repaved 179 Eule where life estate exists 165 Limit of Assessments. Not to exceed twenty-five per cent, of the value assessed for taxa- ation 166 Exception as to cities of first class 166 How value determined when land is not subdivided 166 Liien of Assessments. Assessment a lien from date of assessment 167 How enforced '. 167, 168 Duration of. 170 How collected. May be collected in advance 171 May be certified to county auditor and collected on tax duplicate... 170 Penalty for non-payment 167 May be collected by suit 167 Proceedings in such case 168-170 Court may disregard error or irregularity 168 Costs in such case 169 When re-assessment may be made 169 Court of common pleas to have jurisdiction, however small the amount. 170 Jifew action may be commenced, when 170 Surplus, how disposed of when assessment is too large 171 Same rules applicable to annexed tferritory 171 As to Sewerage Assessments, see Sbwbrs. ASSESSMENT OF DAMAGES BY IMPEOVEMENT. See Damages. ASSESSMENT OF COMPENSATION FOR PROPERTY TAKEN. See Appeopriatioh of PEiyATB Property. assessors- How elected 243 Bond of, etc 243 AUCTIONS— Of animals in streets, etc., may be regulated and licensed ,. 56, 132 Of merchandise, may be licensed, etc 57 AUDITOR— In city of first class, to be elected by council •.. 19 In city of second class 18 Oath and bond of. 25 354 INDEX. AuDiTOK — Continued. p^o. May appoint assistants in city of first class..- 20 To have seat in council 29 To record expenditures, etc 40, 202 To post and publish condensed statement 41 To report to auditor of state 41 Powers and duties of. 43 May administer oaths _ 43 To have charge of books and papers _ _ 43 avenue- How consent of village obtained by company v 32T B. BEEP— Inspection of. 131 BEEE HOUSES— May be regulated 15, 56 BILLIAKD TABLES— May be suppressed, etc 56 BOARDS. See under special heads, as Improvements, Boabd ot, etc. BONDS, NEGOTIABLE— May be issued for improvements 206 How paid 204 For sewerage, to be by districts . 208 Must show purpose on face 207 May be issued in anticipation of special assessments 207 May be coupon bonds 208 Not to be sold for less than par- 208 Penalty for diverting funds derived from sale of bonds- 208 To extend time of indebtedness 206 To take up bonds coming due 251-254 How issued and sold 252 Proceeds, how applied - 253 Tax to redeem 253 Money, how invested 253 Cities of first class, with over 150,000 Inhabitants, may issue Bonds for Avenues 250 Improvements 254 Sewerage 255 Avenues and sewerage 255 Water works 256 aties of first class, vnth less than 100,000 Inhabitants. School purposes 254 Cities of first class, advanced within Decennial Periods, may issue Bonds for Assessments held illegal 249 Cities of secotid class may issue Bonds for Indebtedness 251 INDEX. 355 BONDS, OFFICIAL— pao^ What officers must give bond 25 By whom to be approved 26 How fil.ed and recorded 26 Other officers may be required to give bond 26 What is necessary to validity of. 25 («) What is sufficient approval of 26 (n) Of police , 62 To be stamped by corporation 244 Sureties of certain officers, how released 244, 245 BOEEOWING MONEY. See Loans. BEEAD— Inspection of. 137 BEIDGES— General power as to_ 58 Property may be appropriated for , 152 And Railways, how lighted 116 Provision to be made by ordinance llT Ordinance to specify manner and time 117 Notice to be given to owner .-. 117 Council may light at their expense upon neglect 117 Expense a lien, and how enforced 117 BEOTHELS— Hay be suppressed 56 See also Health, Boaed of. BUILDINGS— Erection of may be regulated 58, 91 Wooden buildings may be prohibited on square on petition 91 In cities of first class wooden buildings may be prohibited within certain limits- 92 BUTTEE— Inspection of 137 BY-LAWS, OEDINANCES, AND EESOLUTIONS— In Village for Special Purposes. How passed and enforced 15 Of special road district to remain in force in 16 In Cities and Villages. How passed 31, 32, 262 Money must be appropriated by ordinance 31 Of a general or perrnanent nature must be published 33 When to take etfect 33 Non-publication adefense 33 Clerk's certificate prima facie proof of publication 33 Printed copies and transcripts to be evidence '. 34 How enforced 34, 35, 60 Old by-laws, etc., not affected by this act 224 356 INDEX. CANALS— *• PAOE General powers as to - 58 Expenses may be assessed 184 Property may be appropriated for 152 CATTLE, ETC.— Kunning at large may be prohibited 57 CEMETERIES- General power as to 58 Council may proTide 99 Title to what cemeteries to vest in corporation 99, 104 Board of Trustees. Control to be vested in 99 How elected, term, etc. 99, 100 Duties and powers of. 100, 101 To appoint clerk, make annual report, etc 101, 102 Disbursing trustee to give bond 105 Enlargement of grounds 102 Union Cemeteries. Townships may unite with corporation in 102, 104 Corporation to appropriate necessary land 102 How governed and controlled 102, 103 Joint meeting of trustees and council, how conducted, etc 103, 104 Two or more corporations may unite in .-. 260 How managed 260 Miscellaneous. Grounds may be purchased of cemetery association 104 Prior sales of lots not affected by such sale 104 Clerk to record plats of grounds 104 Council may regulate 103 Interment may be prohibited witjiin corporate limits 105 Exceptions as to incorporated villages 105 Portions may be sold, how. 259, 261 Property may be appropriated for ; 151 Property in village with cemetery exempt from township cemetery tax 260 CENSUS— When taken and how .' 10, 12 CHIEF OP police- To be appointed in cities of first class ; 19 Bond of. 25 Duties and powers of. 44 Compensation of. 44 To pay over money to clerk of police court 44 CITIES OP THE PIEST CLASS— What are to be 2 Population requisite for 2 How named 3 INDEX. 357 CITIES OF THE SECOND CLASS— paoe What are to be 2 Population requisite for , 2 How named 3 How advanced to city of first class 11-13, 220 How reduced to incorporated villsge 2lT CITY COMMISSIONER— In city of second class to be elected 18 To be superintendent of streets, etc 18 Bond of. 25 CIVIL ENGINEER— In cities of first class to be appointed 19 May appoint assistants 20 In cities of second class council may create and prescribe mode of election or appointment 18 To have seat in council 29 Duties of. 48 Salary of. 48 Bond of. 25 To be member of board of improvements 147 CLEEK— Of Village for Speial Purposes. How appointed 14 To act as treasurer 14 Receive moneys, give bond, etc 16 Of ViUage. To be elected 16 To receive papers, etc., from trustees on advancement 11 0/ City of Second Class. To be chosen by council 18 O/ City of First Class. To be chosen by council , 19 May appoint assistants, etc 20 O/ Cities and Villages generally. ■^ To receive and canvass election returns and issue certificate of elec- tion 24 Give bond 25 To certif3' publication of ordinances 33 To certify transcripts and fees for such services 34, 42 Gener.il duties of 40 How place supplied 40 To certify election of officers, having powers of justices, or to take acknowledgments, etc , 41 Penalty for neglect 41 Seal of. 42 To record plat of cemetery grounds 104 To deliver vouchers, etc., to auditor when office is created 42 358 INDEX. Clerk — Continued. In Cities where there is no Auditor. page To perform duties of auditor 42 To record receipts, expenditures, etc 40 To make out and publish condensed statement 41 To report to auditor of state 41 Penalty for neglect , 41 CLERK OP POLICE COUET— To be elected , 19 To appoint assistants 20, 52 Oath and bond of 25, 51 To receive fines from chief of police 45 Duties of 51, 52 Salary of self and deputies... < 52 May admit to bail„ 52 Substitute for 52 Shall not be counsel or agent in any case •.... 52 To account for fines, etc 53 COMBUSTIBLES— Transportation and keeping of may be regulated 5T COMMITTEE— Of council may compel attendance of witnesses, administer oaths, etc_ 31 COMMITMENT— To house of refuge or correction. See Hottse or Refuge. CONTEACTS— General power to 3 Por improTements, how made 172 Contracts and expenses not to exceed certain revenue 205 To be made for services and supplies 205 Must go into operation during term of council,. 205 By officer not binding, unless appropriation made or express author- ity given 277 Void if in excess of estimated levy 339 For power to contract of the various boards, see those heads. CONSTABLES— In cities and villages coterminous with township, how elected 274 In cities of the flist-class of less than 80,000 inhabitants to be on same ticket vfith officers of city 274 COUNCIL— May provide for the appointment and election of other necessary officers 20 To confirm appointments 20 To define duties of officers and fix salaries 20, 21 To fix place or places of election 23 Vested with legislative authority of the corporation 26 To control finances and property 28 INDEX. 359 Council — Continued. Pias To be judges of election of members, keep journals, and compel attendance, etc 28 What officers to have seats in 29 Meetings to be held not more than once a week, and to be open to public 29 Special meetings, how called 29 May compel attendance of witnesses, etc 30, 31 May remove elected officer, how 30 May remove appointed officer, how 30 May provide for juries in city courts ^5j0, 54 To fix number of police 61 To provide for prisons, station-houses, and sustenance of prisoners.. 64 May determine disposition of articles unfit for food 140 Members of. Qualification of 11 Not eligible to municipal office 22, 29 Effect of alteration in boundaries of wards on 27, 109 To receive no compensation 29 Not to be interested in contracts 29 Penalty therefor 30 Officers and employes not eligible as 30 How expelled 30 When elected in new wards 108 How elected in wards 109 Of Village. May create offices of solicitor and street commissioner 17 How constituted 26 Terms of members 28 First meeting and organization of. 28 Of Cities of Second Class. May create certain offices 18 How constituted and organized 27, 28 Of Cities of Fint Class. May provide for appointment of lieutenants of police 19 How constituted and organized 27, 28 Of Cities of Pirst Class having more than 150,000 Inhabitants. To consist of two boards 261 How boards are constituted 262 Board, how organized 262 Kestriction as to meetings 262 Legislative acts must be by both boards 262 One week must intervene between the action of the boards in cer- tain cases 263 Joint session, how held 263 Special meetings, how called ;.,.. 263 To have same powers and duties as other city councils... 263 All laws and ordinances regulating city councils and members to apply to the common council and members of boards 263 360 INDEX. COUNTY COMMISSIONEES— page Duties as to organization of villages. See Villaqbs. May prohibit use of county jail, wlien 36 COUBTS— To take notice of existence of villages 6 To talce notice of the advancement of corporations 11, 13 , Kevisin'g proceedings of police court, to talje judicial notice of or- dinances 51 May entertain application of tax-payer for injunction against cor- poration, when 47 Order in such case 47 CRIMINALS— Power to punish 60 D. DAMAGES BY IMPROVEMENTS— Claims to be filed in writing with clerk 175 To be assessed by jury before or after improvement, as council may determine 176 Proceedings in assessment 176, 177 In case of omission to be assessed by three assessors to be appointed by council 177 Assessment to be returned to clerk and paid out of corporation treasury 177 Persons not recovering more than assessment to pay costs 178 No suit to be brought for, until sixty days after claim filed 178 Damages for land taken to be entered on general duplicate 180 DEBTS— For ordinary purposes not to exceed current revenue 204 See Bonds and Boekowing Money. dedication- How made ;. 120 (n) "Who can make 120 [n) To whom it can be made '. 120 (n) DISORDERLY CONDUCT— May be punished 55 DISORDERLY HOUSES— May be suppressed 56 DOGS— May be prevented from running at large, and destroyed 57 DRINKING HOUSES— Maybe regulated 15, 56 E. ELECTION— First election of ofiBcers of village, when held 7 What notice to be given, and how governed 7 INDEX. 361 'Elsctioh— Continued. paoe To determine on advancement of village for special purposes 9 First election after advancement, when held H To determine on advancement of village or city of second class, ■when held 12 Pirst election of officers, when held 13 General Rules. Regular elections, when held 23 Mayor to give notice of. 23 Who may vote 23 How conducted 23 Council to designate places of election 23 Judges of election in corperations not divided into wards 24 Eeturns, how made 24 Tie vote, how settled 24 Special elections, when held 21, 23 To he for unexpired term 21 Notice to be given hy mayor 23 Mayor to fix places of special election 23 , * Contest of elections in cities of first class 24 Contest of elections in other corporations 24 Elections in new wards, when held 108 Elections of memhers of council in new wards 109 EQUALIZATION, BOARD OP— In cities 340, 341 EXCAVATIONS— In city or village, depth of. 146 Owner liahle for deeper excavations 146 ^ EXPLOSIVES— Transportation and keeping of may be regulated 57 F. FARMERS— Not to be charged for place in market 136 May sell at any time in corporation 137 PAST DRIVING— May be prevented 57 FERRIES— General power as to 59 Council may license 131 May fix rates, terms, etc 131 FINES, PENALTIES AND FORFEITURES- What shall be deemed reasonable 35, 60 Court may reduce when unreasonable 35 How recovered 35 Form of pleading in actions for 36 When suit must be commenced 36 Commitment for non-payment of 36, 60 How worked out 60 362 INDEX. Vises, Penalties and Forfeitures — Continued. paok Surplus over expenses of police court to go to common schools 53 May be recovered before whom 35 PIKE DEPARTMENT— General power as to 58 Council may erect buildings, provide apparatus, etc 58, 91 Prevent erection of wooden buildings 91 Provide for investigation of causes of fire 91 Property may be appropriated for the use of the 151 PIKE ENGINEER— Office may be created in cities of second class 18 To be appointed in cities of first class 19 To be elected or appointed in cities of over 180,000 inhabitants 20 Compensation of. 91 Bond of 25 Duties of 48 Salary of 48 May investigate causes of fires 91 Proceeding in such case 91 Assistants to be appointed or elected 20 FIRE, INJURIES FROM- Power to guard.against 58, 90 FISH, SALT— Inspection of. 137 PISH, FRESH— Inspection of 139 ' FLOUR— Inspection of. 137 FORESTALLING MARKETS- May be prohibited /. 136 G. GAMBLING— Power as to prevention of. 55, 56 GAME— Inspection of. 139 GAS— Council may provide for laying pipes 58 May regulate price 112 Company not to charge beyond price fixed 113 When council fix minimum price -and company accept, price can not be lowered for ten years 113 When council may lay pipes in streets 113 By what, charter of company forfeited 113, 114 Gas measurers, how appointed, duties, etc 114 Council may erect or purchase gas works 115 _ INDEX. 363 Gas — Continued. PAGE To be managed ty toard of trustees 115 How appointed and elected 115 Powers of trustees Hg Council may prescribe for laying gas pipes and house connections in streets to be improved 116 Cost to be assessed 118 . May contract with gas company for lighting streets 328 Extension of pipes beyond corporate limits 328 Exclusive privilege not to be granted to company ., 114 Property may be appropriated for 151 GRADE OE cities- How ascertained 220 GAUGEES. See Ikspectobs. GUNPOWDER— Transportation and keeping of may be regulated 5T HACKNEY COACHES— Stands for 120 See Vehiclbs fok Hibk. HALLS, PUBLIC— May be erected, how 59, 107 See Town Hall. HALLS FOR PUBLIC ASSEMBLIES— To have proper means of egress 258 To be inspected and certificate given 258 HARBOR master- How appointed 130 HAWKERS AND PEDDLERS- May be licensed 131 HEALTH— Powers of village for special purposes as to 15 Powers of cities and villages as to 55 HEALTH, ^OARD OF— May be established 58 How composed 85 Term of members 85 To serve without compensation 85 To appoint officers 85 Such officers to serve during pleasure 85 May make regulations as to health 83 Eegulations,,when approved, to have force of ordinances 86 To make report 89 364 INDEX. Health, Board of — Continued. paob What report must contain 89 Expenses of, how paid 90 Powers of Board as to Nuisances 85 What may be declared a nuisance 88 Order to abate, how served 88 Proceedings thereon :.. 88 Water-closets and privy-vaults 86 > Eegisters of births and deaths 86 Infectious diseases and infected persons 86 Brothels, inmates of to be recorded 87 Minor prostitutes, how disposed of 87 Diseased inmates, how treated 87 Hospital expenses a lien on premises where found 87 Sanitary police, how appointed, etc 88, 89 Vaccination to be encouraged by 89 Penalty for disobedience to order of. 89 Penalty for disobedience by corporation 89 Penalty for escape of infected person 86 How penalties recovered 90 HOGS— Inspection of 139 HOSPITALS— For sick prisoners, how established 61 General power as to 58 To be erected and controlled by board of hospital commissioners... 80 Board, how constituted, term, etc 80 To receive no compensation 80 Powers as to erection of buildings 80 Plan must be approved by council. 80 Meetings, etc., of board 81 Forms of contract, etc 81, 82 To control hospital when completed 83 To appoint officers 80, 83 Compensation of officers to be approved by council 83 When contract may be inade with private hospital 83 Act not to apply to Commercial Hospital of Cincinnati 83 Property not to be sold 210 Property may be appropriated for 151 HOUSES OF BBFUGE AND COEEECTION— Council may establish 65 Board of directors, how constituted, etc 66 To receive no compensation 66 Contract, forms of making 66 Board to appoint officers, etc 67 Powers in erection of buildings same as hospital commissioners 66 Male and female inmates to be kept separate 67 How separate buildings erected 67 INDEX. 365 Houses of Eetogb and Correction— Co?iii«Med paoe May make rules and regulations, contracts, etc 67 Appropriations for unusual purposes to be approved by council 67 By-laws, rules, etc., to be approved 67 Books to be kept, how 68 Quarterly statement made to council 68 Accounts to be balanced, published, etc 68 Superintendent, power and duties of 68 Deputy superintendent 68 Board to publish notice of completion of building 69 Removal of officers 69 "What infants may be received 69, 70 Liable to confinement in jail may be sent there till of age 70 May be committed on recommendation of grand jury 70 Court may commit, when '. 71 Infants entitled to private examination and trial 71 "When to be placed at bard labor 70 Infants under sixteen committed for trial or as witnesses, to be sent to 71 Board may refuse to receive, when 71 Statement of age, etc., to be furnished with infant 72 Commitment, record of, how made 72 Term of 72 Board may discharge 72 Infants, how employed 72 Apprenticeship, how bound out to 73 When indentures canceled and infant reclaimed 73 Fugitives from house, how arrested 73 Stubborn and irreclaimable infants to be delivered to sheriff 74 Proceedings thereafter 74 Expenses of house, how paid 74 Habeas corpus, return to 75 Commitment reversed by action 75 Keal estate belonging to, how sold 76, 210 Actions by or against, how brought. 76 Act not to affect houses governed under act of April 16, 1857 76 Sow governed under act of 1857 265 Subscriptions may be received for 265 Board of directors, how constituted 265 Powers and duties of. 265, 266 Tax for 267 Visitation of 267 What infants to be received 267-269 Statement to accompany infant..... 269 Term of commitment, employment and apprenticeship 270 Board may discharge..........;.. , 270 Indentures, how canceled 270 Inmates escaping, how arrested 271 Expenses of infants, how paid 271 Habeas corpus, return to 271 366 INDEX. HoTTSBS OF Refugb AND CoKRBCTiON — Continued. paob Commitment, how reviewed 272 Sale of real estate 272 Actions by and against 272 Property may be appropriated for 151 HOUSES OF ILL-FAME— May be suppressed 56 See Health, Boakd op. HUCKSTERING— May be regulated , 136 May be licensed 132 I. IMPEISONMENT— Ordinances may be enforced by 35 Not to exceed thirty days 35 Vagrants, etc., may be imprisoned longer for repeated offenses 60 Non-payment of fines punished by 36, 60 How worked out 60 Labor to be regulated by council 61 Sick prisoners to be cared for 61 IMPROVEMENTS— Must be recommended and supervised by the board of improve- ments 148, 149 What to be paid for by general tax 161 Cost of others may be assessed 178 Contracting, mode of, for 172, 173 Council must declare necessity by resolution 174 Resolution to be published 174 Claims for damages to be sent in to clerk 175 Claims not filed in time barred. 175 Costs may be paid in whole or in part by general levy 179 Portion of cost of street improvements must be paid by corpora- tion 180 Costs of street intersections also to be paid by corporation 181 Mode of assessment for, see Assessments. Mode of assessing damages by, see Damaqbs. Mode of assessing compensation for land taken for, see Appropria- tion OF Private Property. IMPROVEMENTS, BOARD OF— Council may establish 147 How constituted in cities 147 How constituted in villages 149 Duty of board : 147 May adopt rules and regulations 147 Appoint clerk 148 Clerk's powers and duties 148 No improvement to be made without recommendation of 148 INDEX. 367 Improvements, Board ov— Continued. page To supervise public works and improvements 147, 148 Petitions for improvements to be presented to ,. 149 Members to receive no compensation 150 To recommend sale or lease of corporate property 210 INDECENT CONDUCT— May be punished , 55 INFIRMARY— To be governed by board 84 Election, term, etc., of members 84 To receive no compensation, except in cities of first class having more than 100,000 inhabitants 84 To have powers of hospital commissioners 84 Duties as to inmates of infirmary.... 84 May contract with orphan asylums for support and education of orphan children '. 273 May grant outdoor relief 305 To have powers of township trustees as to apprenticeship, removal of paupers, etc 141, 306 Can not charge county infirmary with support of paupers whose residence is unknown 306 Property belonging to can not be disposed of without concurrence of directors 210 Property may be appropriated for 151 INSECURE BUILDINGS— Power as to 60 INSPECTORS— May be appointed, for what 137 How appointed and licensed , 137 Amount of license 138 To be for one year 138 License may extend to one or more articles 138 Powers and duties of. 138 Oath and bond of 138 May appoint deputies 138 Persons injured by, may recover 139 How removed 139 Of oil to be governed by act of 1867 139 Pees of 139 Of Beef Cattle, Sheep, etc. To be appointed by council 139 Council to fix duties, term of office, and salaries 140 Oath and bond of. 140 Council may determine the disposition of articles unfit for food 140 For other purposes. May be provided for by council , 140 Council to fix licenses, fees, etc ,.. 14" Term not to exceed three years,... ~, ■ 1*" 368 INDEX. INTELLIGENCE OFFICES— pace May be regulated 60 INTEEMENTS— Power of council of cities to prohibit 105 Power of council of villages to prohibit « ~ 105 J. JAIL— Power to establish jails 58 Corporations having no jail may use county jail 36 County commissioners may prohibit use of, when 36 JUEISDICTION— Of mayor 37 Of police court 48 "When corporation embraces territory situated in two or more counties 8 JUSTICES OF PEACE— Powers as to election of justices not affected by act 222 Election in cities co-extensive with township 274 May be elected on same ticket with city officers in cities having less than 80,000 inhabitants 274 Council may fix number of justices » 59 Fines, penalties and forfeitures may be recovered before 35 To have jurisdiction in prosecutions for violations of ordinances of village for special purposes 16 L. LAKD— Inspection of. - 137 LECTUKES— What may be, regulated - 56 LEVEES— Property may be appropriated for « 151 LEWD CONDUCT— Maybe punished ~ - 56 LIBKAEIES— General power as to _ 59 LICENSES— M.ay be granted to Ferries „ _.. 131 Shows and performances 131 Hawkers and peddlers 131 Auctioneers of animals 131 Auctioneers of merchandise 57 Venders of gunpowder and other explosives 132 Taverns and houses of entertainment 132 INDEX. 369 'i^iCEnts-Ks— Continued. paoe Hucksters , 132 Vehicles for hire 132 TJndertalters 132 Pawnbrolcers 133 Gaugers and inspectors 137 May not be granted to Places for retailing liquors 273 Council may exact such sums of money for license as they deem proper 132 To be signed by mayor 38 LIFE ESTATES— Assessments on, how regulated 165. I-IGHTING— Property may be appropriated for lighting any public use 152 Bridges and railways, see Bridqks. Streets, see Gas and St^heets. LIMITS— Of corporations not afFected by act 1 Change of, see Annexation. LIVERY STABLES— May be regulated 57 LOAJTS— In anticipation of general revenue 206 In anticipation of sanitary and street-cleaning tax 198 To extend time of indebtedness 206, 251 In anticipation of tax for improvements 206 In anticipation of special assessment 207 Penalty for diverting loans from purposes for which it was made... 208 LOTS— May be ordered to be filled up 184 See Nuisances. M. MAKKETS— General powers to establish 68 Council may regulate 58, 135 May prevent forestalling and huckstering in 136 Farmers may sell therein produce 137 What is a 136 (m) Property may be appropriated for market spaces 151 MARSHAL— In cities andvillaffes to be elected. 16, 18 Powers of. 43 May appoint deputies 43 Jurisdiction of. 43 Pees of. 44 Salary of. 44 370 INDEX. Marshal — Continued. paoz To pay over fees to mayor 44 To report to council 44 Bond of 25 Office of, abolished in cities of first class having less than 100,000 inhabitants at last census 295 Of Village for Special Purposes. Ho'w appointed 14 To act as supervisor 14 Pees of „ 15 Salary as supervisor 15 Bond of „... 16 MAYOR— To be elected 16, 18, 19 To appoint officers created by corporation. _ 20 To fix time and place of special election 23 To issue proclamations for election 23 To be conservator of peace ;. ST To have jurisdiction of justice of peace, both civil and criminal.... 37 Jurisdiction in criminal cases co-extensive with' county ~ 37 Appeals, how taken _ „ 39 Fees of. 37 Where to keep office ' 38 Seal of 38 Duties of. 38 To supervise officers, etc., enforce ordinances, etc 38 To sign licenses, commissions, etc 38 May grant use of prison to adjoining townships 39 May suspend certain officers 39 To make annual report 39 To pay over money coming into his hands 39 To act as police judge, when 39 Bond of. 25, 40 Salary of. 40 Vacancy in office, how filled 40 To be member of board of health 85 To be member of board of improvements , 147 To be member of board of revision 205 To record protest against excessive expenditures 205 To have seat in council 29 In villages to be president of council 28 MAYOR'S COURT— Juries and talesmen in 54 Costs and fees in 64 Powers as to contempts, etc., in 54 MEASURING— Of articles may be regulated 57 MEAT— Inspection of. 139 INDEX. 371 MILK AND MILK COWS— paoe Inspection of 139 MUNICIPAL CORPORATIONS— To be governed by this act 1 Limits and wards not changed 1 Classification of. •• 1 How named 3 General powers and capacities of 3, 55-60 Liability for acts of officers 16 W How municipal rights surrendered 217 Grade of, how ascertained 220 Secretary of state to publish list of. 221 Visitation of. 221 Existing rights and liabilities not affected by this act 222 To retain powers as to benevolent and other institutions 222 Officers to continue to hold for their respective terms 222 Ordinances, etc., to remain in force 224 Holding stock or bonds of railroads may become parties to new arrangements 248, 249 N. NAME OF streets- How changed. 145, 146 NUISANCES— General power as to- 55 Council may compel removal of. 134 Notice to owners 1.34 On default of owners, council may remove at their expense 135 Expenses to be a lien on property 135 See also Health, Boaed of. o, OFFICERS— Term of elected 20 Term of appointed 20 Council to define duties of 20 Vacancies, how filled 20 Resigning, not eligible when salary has been increased 22 Who are eligible for 25 To take oath of office 25 What officers must give bond 26 How approved and filed 26 Council may require bonds from other officers 26 Within what time oath to be. taken and bond given 26 Not to be interested in contracts 29 Nor act as commissioners, etc 29 Penalty therefor 29 Elected officer, how removed 30, 275 Appointed officer, how removed 30 372 INDEX. Officers — Continued. pabk To be under supervision of mayor 38 Existing ofBcers not affected by act 223 Exempt from jury service, except in villages of less than 1,200 in- habitants 277 Not to enter into contracts, unless expressly authorized or money appropriated _ 277 Contract to be void and officer personally liable in such case 277 Jurisdiction when corporation lies in two counties ~ 8 In Villages for Special Purposes 14 How appointed and removed 14 To take oath of office 16 Officers of special road districts to be officers of villages 16 In Villages 16 In Cities of Second Class. 18 In Cities of First Class 19 OILS— Inspection of. 137 OEDINANGES. See By-Laws. ORGANIZATION OF VILLAGES. See Villagbs. OVEESEEKS OF THE POOE— How appointed _ 84 P. PAEKS— General power as to 59 Commissioners, how appointed 106 To serve without compensation _ _ 106 To have powers and duties of trustees of cemeteries 106 Officers, how appointed 106 Compensation of officers _ 105 Council to have police jurisdiction over parks outside of limits 106 Property may be appropriated for 151 In Villages. Member of council may be member of commission 106 In Cities of first diss of more than 150,000 Inhabitants. How governed 278 Commissioners, how appointed, etc 278 Meeting of board _ 279 Minutes of proceedings 279 Power to adopt rules, etc 279 No person can create liability without express authority of board... 279 No commissioner or employe to be interested in contracts 279 Charge of interest, how tried 279 Contractors must file statement under oath 280 Contracts, how made 280 Board can not incur liability beyond funds. 280 INDEX. 373 Pakks — Continued. PiOE Money in park fund, how paid out 281 Annual report to be made 281 PAWNBROKERS— • To be licensed 133 To keep record of all transactions for inspection 133 Penalty for not doing so 133 PEARL ASHES— Inspection of 13Y PEDDLERS— May be licensed 131 PEEPORMANCES— May be regulated 56 May be licensed 131 PLAT OP TOWN— How made 325 Commission, how appointed 325 Plat to be deposited in recorder's oflBce 326 Owner may accept, how 326 Joint platting commissions 326 Improvements subsequent to plat not to be paid for 32V Plats maybe amended 327 Territory may be divided 327 Corporation can not accept streets not on plat 326 POLICE— In certain cities not to be affected by act 20, 63 General power as to police 58 How appointed, term, etc.; 61 Equal number for the several wards 62 Bonds of. : ; 62 Officers, how appointed 19, 62 Reserved watch, how appointed and called out 62 Organization of police 62 Duties and powers of 62 Suspension of 63 Special policemen 63 Compensation of , 63 In Cities of first class with a Population of less than 100,000 at last Census 282-297 To be governed by board 282 City to be districted, and board elected by districts 296 Term of members, etc 296 Powers and duties of boarS as to appointment, etc 283-286 Charges against policemen, trial, etc 287 Rewards, extra fees, etc., how disposed of 288 Disabled policemen, how supported 288 Board may divide city in precincts, and establish stations 288 Special policemen 289 374 INDBX. POLICB — Continued. ■ page Additional patrolmen 289 Eesignations, etc 289 Stolen property, how disposed of. ; 289 Eegistry of missing property 290 Prisoners, how kept, etc 291 Expenses to be paid by city 292 Levy for, how made , 292, 295 Police fund, how drawn 292 What expenses may be incurred by board 293 Board to enforce ordinances, quell riots, etc 293 May issue subpoenas, administer oaths, etc 293 Oath of oflice of police 294 Police exempt from jury duty 294 Penalty for violence to policemen 294 Members of board, how removed 294 Commissioners and policemen can not be candidates for other office.. 294 Deputy superintendent may be appointed 295 Policemen not to enter drinking or gaming saloon 295 Office of marshal abolished 295 In Cities of first class, advanced between Decennial Periods. Each ward to be a district 301 Police board, how elected 301 Term of office, etc 301 Mayor to be president ex-officio 301 Officers of board, salaries, etc 302 Power and duty of board 302, 303 May suspend or remove member offeree 303 Members of board and force ineligible to other office 303 t What expenses may be incurred by board 303 Reports to be made „ 304 hi Cities of second class having 12,000 and upward at last Census. Council to establish police by ordinance 298 Marshal to perform duties of chief of police 298 Marshal to appoint captain, first lieutenant, and second lieutenant.. 298 Mayor and marshal to appoint policemen 299 Charges against, how tried 299 Cities of second class between 11,000 and 12,000 Inhabitants, what act applicable to 300 POLICE COUET— To be held by police judge..... 49 To be always open 49 Mode of transacting business to be fixed by ordinance or rule of court 50 Eules to be made by court 50 Eecord, how kept.. 50 Pees in 51 Witness fees in 51 Writ of error to 51 INDEX. 375 Police Court — Continued. paoe Revising court to take judicial notice of. 51 Return to writ of error 51 Power of common pleas court on return 51 Prosecutions, how brought 49 Jurors in police court 60 POLICE judge- To be elected in cities of first class 19 Kemoval beyond limits not to create vacancy 21 Bond of. 25 Power and jurisdiction of 48 Compensation of 49 May adopt rules of practice 50 Substitute for, how appointed 50 POOR— Cities of Second class and villages of more than 3,000 may levy tax for 305 See iNriEMART. PORK— Inspection of. 137 PORT WARDEN— Appointment of. 130 POULTRY— Inspection of. 139 POWERS— General powers of corporations 3, 55-60 PRISON AND STATION HOUSES— To be established 64 Prisoners, how maintained 64 Custody of where there is no work house 64 Mayor may grant use of to adjoining township 39 Property may be appropriated for 151 PEIVT VAULTS— General power to regulate 58 To be regulated by board of health 86 Property may be appropriated for public 152 PROPERTY— Power to acquire 3 How leased or sold 210 Proceeds, how disposed of 210 Concurrence of board in charge necessary 210 Belonging to hospitals and benevolent institution not to be leased or sold 210 PROSECUTING ATTORNEY 01" COUNTY— May apply for injunction against advance of village for special purposes..... , 10 376 INDEX. PEOSECUTING ATTORNEY OP POLICE COURT— paoe To be elected in cities of the first claes 19 Bond of. 25 Duties of 53 Salary of 63 Substitute for 53 PUBLICATION— Of ordinances 33 Of resolutions to improve 174 Of advertisements for contracts 172 As to advertisements of boards for contracts, see under head of the different boards. Of notice of assessment 180 PUBLIC GROUNDS— Dedication of. See Dedication. Eights of owners of property abutting on 129 (ra) Power of board of Improvements as to. See Impkovements, Board of. PUBLIC HALLS— General power as to 59 Council may erect or enlarge 107 May appoint superintendent, provide for making contracts, etc 107 To control hall when erected 107 Property may be appropriated for 151 See Towir Hall. R. KAILROADS— Lighting of. See Bkidqes. May occupy streets and public grounds, how 307 Council may require two tracks in streets to be used in common 307 Speed of railroads in corporation may be limited 308 Cities of first class, with population of 150,000, may build. Council to declare road essential 310 Election to be held on question 310 Trustees, how appointed 311 Organization and duties of board 311 Board may take security from officers 312 Members of board, how repioved^ 312 Power to appropriate land 312 May purchase other railroad , 312 Portions may be rented as completed 312 Compensation of trustees 313 City may advance money to trustees 313 City of first class, advanced between Decennial Period may build. Council to declare it necessary 314 Vote to be had on question 314 Trustees, how appointed 315 Organization and duties of 315 INDEX. 377 Kailkoads — Continued. paoe Board may require securities from officers 315 Trustees, how removed 315 Power to appropriate land 316 May purchase right of way, etc 316 May rent or lease portions 316 Compensation of trustees 316 City of second class, with population of 9,229, may build. Council to declare necessity 308 Vote to be had on question 308 Funds, how disbursed by council 309 Council may take security from officers 309 Power to appropriate land 309 May be sold or leased when completed 310 See Stkebt Eaileoads. KEAL ESTATE— Power to acquire 3 Power to sell or lease 210 EECOKDEE, COUNTY— Duty of, in organization of villages 6, 7, 8 In advancement of village for special purposes 10 In advancement of villages and cities 12' In annexation of territory 212, 216 In surrender of municipal rights 218 KESOLUTIONS. See By-Laws. Distinction between ordinances and resolutions 31 (n) EEVISION, BOARD OP— How constituted , 205 Duties of. 205 EIOTS— Power as to 55 EOAD TAX. See Streets. S. SALAEIES— To be fixed by council 21 Not to be changed during term unless office is abolished 22 May be garnished * 44 (re) SCHOOLS— General power as to 59 Surplus of fines, etc., to go to schools 53 School property not to be sold without consent of board of educa- tion 210 Property may be appropriated for 151, 320 City of first class having more than 150,000 Inhabitants. May accept funds for educational purposes 321 Board of directors, how appointed, terms, powers and duties 323 378 INDEX. SoBoow— Continued. paob Power to confer degrees 324 Council may set apart a site for 324 And lay a tax of not more than a tenth of ^ mill 324 SEALS— Of municipal corporations 3 Of mayor 38 Of clerlj 42 Of police court 49 SECOND-HAND STORES— Must keep sign and register 337 Must not deal with minors or apprentices , 337 Must only be kept open at certain hours 337 Penalties for violation 337 SEWERS AND DRAINS— In Cities and Villages. General power as to 58 General plan to be adopted showing districts, etc 185 Plans and specifications, how prepared and adopted 188 Engineer to make estimate for 188 ' Ordinance for construction, how passed 189 Cost of main sewer, how assessed 189 Limit of assessment 190 Cost of local sewerage, how assessed 190 What portion of lots may be exempted 190 Limit of assessment 191 How made according to benefits 191 Assessments may be certified to county auditor 192 To be a lien 192 Collected like other assessments 192 New districts, how formed 192 Main sewer districts may be subdivided 192 Assessments where a portion only of the sewers are constructed 193 Local sewers, how constructed 193 Proceedings where land is subdivided after first assessment 194 House connections may be put in and costs assessed 194 Tapping sewers, how regulated 194 Repairs of sewers may be made 194 Property may be appropriated for 152 Jn Cities of first class having more than 100,000 Inhabitants. To be under care of sewerage commission 185 How constituted 186 To have powers and duties of board of improvements 187 In Village for Spcial Purposes. To be under charge of trustees 14 SHEEP— Inspection of...... 139 INDEX. 379 SHOWS AND PERFORMANCES— paoe May be regulated , 56 May be licensed , , 131 sidewalks- How constructed and repaired 181, 182 On turnpikes, how constructed 182 May be constructed on one side only 182 Property can not be assessed when a sufficient sidewalk is main- tained 183 Along public property 183 SINKING rUND— Tax to be levied for 209 Penalties for misappropriation of .' 209 Tax for sewerage bonds to be levied by districts 209 SOLICITOR— Office of, may be created in village 17 To be elected in cities 18, 19 In cities of first class may appoint assistants 20 Removal of beyond city limits^not to create vacancy 21 To have seat in council 29 Duty as to suits 46 To pay over money received to treasurer 46 When to apply to courts for injunction against corporation 47 In case he refuses tax-payer may apply 47 Duty of court in such case 47 To make annual report, 47 Salary of. 47 Bond of.. V 25 To be a member of the board of revision 205 SPIRITS— Inspection of 137 STATION HOUSES. See Pbisons. STOCKS, RAILROAD— Belonging to corporation. See Bonds. STREETS— Council to keep open, in repair, and free from nuisances 119 To prevent injury from overloaded yehicles 67 To regulate width of tires 119 Change in name of. Petition to be filed 145 Change to be made by ordinance 145 Cleaning. General power as to 58 Board of improvements to supervise 147 Improvements or Repair of. Must be recommended by board of improvements 148 Expenses maybe assessed 178 380 INDEX. Streets — Oontinued,. page See Assessment. Corporation must pay for street intersections 181 Must pay in addition one-fiftieth of the cost of the improvement... 180 Who may be required towork on 143 Penalty for refusal to perform 144 Boad taxes, how to be applied 144 How territory added to corporation for road purposes 144 Penalty for failure to labor, how collected 145 Who exempt 143, 145, 336 Eoad tax may he worked out 334, 335 Boundary streets, how improved 335 Villages may contract for material for 336, 337 Lighting. To be under supervision of hoard of improvements 147 Expense may he assessed per front foot 178 See Gas. Sprinkling. May be regulated by council 58 On petition council may sprinkle 118 How it is to he done 118 Expenses to be assessed, how 118 Assessment a lien, and collected like other assessments 118 Property of religious society exempt unless society join in petition.. 118 Dedication of. Who can make 120 (m) To whom it can he made 120 (re) How it can be made 120 («) How lost 123 (n) Council to accept by ordinance 119 Rights of city in 123 (re) Power of city over 124 (re) Liability of city for 125 (re) Sight of property owner in 126 (re) Vacation of. To be by ordinance on petition 145 Notice of petition to be given, how 146 EflFect of order ^ 146 Property may be appropriated for 151 STEEET COMMISSIONER— To he elected in cities of first class 19 To give bond 25 Duties of 48 Salary of 48 May be appointed in districts 144 To collect penalties for refusal to work on streets 145 To have seat in hoard of improvements 147 INDEX. 381 STEEET EAILKOADS— page Council may grant permission for and prescribe terms and condi- tions 109 Notice to be given of application for grant 110 To whom grant shall he made 110, 111 Form of streets and pavement in streets when track is laid 112 Consent of property holders must be had Ill, 317 What right may be appropriated 317 May be constructed part within and part without limits 318 How extended and on what terms 319 SUPERINTENDENT OP MARKETS— Office may he created in city of second class 18 To be appointed in city of first class 19 Bond of 25 Duties of. 48 Salary of i 48 SUSPICIOUS CHARACTERS— Power to punish 60 T. TAVERNS— May be regulated 56 May be licensed 131 TAXES— In Cities and Villages, Rates to be levied for certain purposes 197, 198 Limitation not to apply to special assessments 198 Maximum of 201, 202 What taxes may be anticipated 198, 206 Where bonds have been issued in anticipation of tax, it may be levied to pay them 201 Greater levies may be authorized by vote of electors 201 Levy for public buildings 201 Taxes to be certified to county auditor by first Monday in June 202 How collected and paid over '. 202 Corporation may collect its own taxes 203 On lands laid off into lots, but not recorded 204 Levy to pay railroad subscription 338 Board of equalization of property in cities 340, 341 Injunction for illegal assessment of, how brought , 341 For General Purposes. Rate in incorporated villages 196 In cities 196 Rate in Villages for Special Purposes 195 telegraph- How constructed through streets 329 382 INDEX. TEN-PIN ALLEYS— Pioi May be suppressed 56 TEEMS OF OFFICE— Of elected officers 20 . Of appointed officers 20 Of certain inspectors 138-140 As to terms of special offices, see under the title of eacli. THEATERS— Must have proper means of egress 257 May be regulated 56 Maybe licensed 131 TOWN halls- How erected in villages and cities of second class 342-345 Vote to be taken 342 Hall and grounds to be under control of trustees 344 May be erected on public square..'. 345 See Public Halls. TOWNSHIP— Officers abolished when township coterminous with corporation 141 Council to perform what duties 141 Directors of infirmary to perform what duties 141 Clerk and treasurer to perform what 142 Property to vest in council 142 Eights and liabilities to attach to corporation 142 Change of Boundaries of. Boundaries may be changed, on application of council, to boundaries of corporation ; 142 Surplus territory, how disposed of. 142 After change, territory in corporation to constitute single township 143 When corporation lies in two or more counties, how application to be made 143 TEEASUEEE- Of cities and villages to be elected. , 18, 19 Of city of first class to appoint assistants 20 County treasurer to act as city treasurer, when 19, 46 Duties of. 45 Settlement and account 45 Compensation of. 45 To get money from county treasurer 46 Bond of. 25 Settlements of. 345 W^hat is embezzlement by 346 Penalty for 347 Authorities may sue for money wrongfully deposited 348 May deposit funds in bank, when 348 County treasurer to keep money on request of authorities 339 In Village for Special Purposes. Clerk to act as treasurer 14 INDEX. 383 TBUSTEES or VILLAGES FOR SPECIAL PURPOSES— paoe How elected, term, etc- 13 Vacancy, how filled „ 14 Powers of. 14, 15 May make by-laws and ordinances and enforce them like other cor- porations " 15 All must concur in order for opening or improving streets 14 Two-thirds of property owners must petition for improvement 14 Trustees not to receive compensation for services as such 15 Clerk to act as treasurer 16 TURNPIKES— Maybe appropriated 152 Sidewalks along 182 When turnpikes kept in repair by corporation 183 How corporation compelled to keep in repair .•■ 183 Corporation may improve with consent of company 184 Right to toll not impaired by act „ 184 May be abandoned by contract with corporation - 329 How forfeited 330 Built by commissioners with bonds, how forfeited... 331 TURNPIKES, FREE— Villages may contribute to construction of. „ 332-334 u. UNIVERSITY- City of first class of 150,008 inhabitants may take funds foT« 321 How managed 321 UNDERTAKERS— Maybe licensed , , 132 URINALS— Tax maybe assessed on general duplicate for public. 163 V. VACANCY IN office- How filled 21 Created by removal from corporation 21 Exception in favor of solicitor .and police judge > 21 Created by failure to take oath and give bond in ten days 26 VACCINATION— Board of health to encourage v... 89 vagrancy- How punished 60 VEHICLES— Fast driving may be prohibited 57 Overloading may be prohibited 57 Width of tire on, may be regulated 119 384 INDEX. Vehicles — Continued. paob For Hire. May be regulated 57 May be licensed „ 132 Stands to be establighed for 120 VILLAGES— For General and Special Purposes, how Organized. Petition to county commissioners 4 Proceedings thereon 5 Finding of commissioners 5 Proceedings thereafter 6 Injunction against, how obtained 6 How heard and disposed of 7 When proceedings complete 6 First election of officers 7 May grant consent to avenue company 327 For General Purposes. What are 2 Council of, how constituted 26 How advanced to diy of second class. Petition to council 12 Question to be submitted to people 12 Proceedings if vote is favorable 12 Census, how taken 12 First election of officers, when held 13 Proceedings when necessary population is declared by governor and secretary of state 220 Secretary of state to publish notice of advancement 220 Old offices and ordinances to continue 13 Eecords to be delivered to new corporation 13 How reduced to village for special purposes 218 For Special Purposes. What are '. 2 How advanced to villages for general purposes 9 Petition to trustees 9 Election to be held 9 Proceedings in case of affirmative vote 10 When complete 11 First election of officers 11 How governed. 13-16 How rights may be surrendered 217 VOTEES— Who are qualified voters at 23 w. WAKDS— Boundaries of, not changed by act 1 To be established by ordinance 108 How changed 108 INDEX. 385 Wards — Continued. page Notice of ordinance changing to be published 108 To he streets, etc 108 Members of council in wards 109 Members of council in new wards, when held 108 Change of boundaries not to affect existing members 21, 109 In Cities of first class of more than 100,000 Inhabitants. May be divided into voting districts 264 WATER CLOSETS— To be regulated by board of health 86 Public, may be established 58 Property may be appropriated for 152 WATER WORKS— General power as to 59 Council may take land, water rights, and easements 92, 151 Board of trustees to govern 93 Qualifications and duties of ., 93 May make by-laws and regulations 93 To collect water rents 93 Surplus, if any, how applied 93 Reports and deposits, when made 94 Money to be kept as a distinct fund 94 Contracts of, how made 94, 95 Council may investigate accounts 94 Water for fires, public buildings, etc., not to be charged for 94 Attachments for public use to be subject to supervision 94 Pipes may be extended three miles beyond limits 95 Jurisdiction to extend to such pipes 96 Contiguous cities or villages may contract for supply 96 Cost, how paid 97 Contract to terminate on annexation 97 Works to become joint property 97 Interest on borrowed money, how paid 97, 98 Tax to be a lien on property 98 Pipes and house connections may be laid in streets to he improved.. 98 Expense may be assessed 98 Jurisdiction to prevent pollution to extend five miles beyond lim- 97 its 98 Property of not to he sold without consent of board 210 WEIGHING AND MEASURING— May be regulated 57 WHARVES— General power as to..., 58 Council may establish 130 Grades of, to he regulated 130 Shore not property of individuals, to be controlled by council 130 Officers may be appointed for 130 Copies of their proceedings to be evidence 130 Property may be appropriated for , 151 386 INDEX. -WHARPMASTBK— paof. May be appointed 130 woEK house- How established and governed- '!'! What houses of coirection may be governed as TT Board of directors, qualiiieations and duties of..^ '?7 To have powers of trustees of house of refuge— 77, 78 Commitments, what may be made to 78 Prisoners to be kept at labor 78 fees for conveying prisoners 78 Prisoners, how discharged 78 Discharge must be recorded and reported to council 78 Punishment for attempt to escape from ^ 79 Expenses of, how paid- 79 Officers to have powers of policemen - 79 Infants may be received in, when there is no house of refuge 79 Land may be appropriated for - 151 Cities may acquire land outside of corporate limits for 349 Cities may unite in the county in maintaining 349 Lajid acq.uired for, can not besoJd without the consent of board.... 210