Sue and be

Disposition of money recovered.

Employ counsel.

Proviso.

as amended March 30, 1868, be so amended as to read as follows:

Section 7. That the board of commissioners in the several counties in this state shall be capable of suing and being sued, pleading and being impleaded, in any court of judicature in this state; and they are hereby authorized and required to ask, demand, and recover, by suit or otherwise, any real estate, or any interest therein, whether the same be legal or equitable, belonging to their respective counties, or any sum or sums of money, or other property, due to such county on account of advances made by them on any contract with any person or persons, for the erection or repair of any public building or bridge, or other work, or any other contract or obligation which, by the provisions of any law of this state, they are authorized to enter into, and in like manner to sue for and recover, in money, for any damage that may be done to the property of the county, or the value or amount of any labor, or article of value, subscribed instead of money, to aid in erecting or repairing public buildings or bridges, when such labor or articles of value, upon their requisition, shall not have been performed, delivered, or paid, in a reasonable time; and the money so recovered in any case, shall be by them paid into the treasury of the county, and they shall take the treasurer's receipt therefor, and file the same with the auditor of the county.

And the said commissioners are hereby authorized and empowered, in all suits, either in law or equity, brought by or against them in their official capacity, relating to any of the duties required by law to be performed by them, to employ counsel, not exceeding two, to prosecute or defend in any such case or cases, and to allow and pay such counsel, out of the county treasury, reasonable fees for such services performed by them; providing, however, that the fees so paid to such counsel shall not exceed the sum of two hundred and fifty dollars in any one case; and, provided further, that the provisions of this section shall not apply to any county in which there is a board of control, having a solicitor to said board, whose duty it shall be to take charge of and attend to all actions which may be brought against the commissioners under this or any other act.

SEC. 2. That section seven (7) of said above described act, as amended March 30, 1868 (S. & S., 89), be and the same is hereby repealed; and this act shall take effect and be in force from and after its passage.

Passed April 27, 1877.

C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS, President of the Senate.

AN ACT

To amend an act amendatory to an act entitled "An act for the reorganization of common schools," passed March 1, 1873 (O. L., vol. 72, p. 45).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section thirty-two of the above entitled act be so amended as to read as follows:

Section 32 The said board shall prepare, or cause to be prepared, a map of their township, as often as they deem necessary, on which shall be designated the number of subdistricts respectively of the township, which sub-districts they may increase or diminish in number, and change or alter in boundary, at any regular session; but no sub-district shall contain less than sixty resident scholars by enumeration, except in cases where, in the opinion of the board or general assembly, it is necessary to reduce the number. Whenever the board of education of any township district shall consolidate two or more sub-districts, to form a new sub-district, or the general assembly shall make a new subdistrict, said board shall call a special meeting of the qualified electors resident in said new sub-district, for the purpose of electing three local directors for the same. At least five days before the time fixed for said meeting, said board shall post, in three of the most public places in the new sub-district, written or printed notices, stating the time, place, and object of holding said meeting. The election at such special meeting shall be conducted as provided in sections twenty-seven and twenty-eight of this act: provided, that three local direetors shall be elected, one to serve for one year, one to serve for two years, and one to serve for three years from the annual meeting next preceding the organization of said new sub-district, and that the terms of office of the local directors of the sub-district so consolidated or made shall expire at the time such new district shall have been created; and any sub-district which may be made or established by a general or local act of the general assembly, shall be governed by the provisions of this act, except that it can not be changed, altered, or consolidated by the board of education until after the expiration of three years after it has been so made or established.

SEC. 2. That said amendatory act passed March 3, 1875, be and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

C. H. GROSVENOR,

Speaker of the House of Representatives.

H. W. CURTISS,

President of the Senate

Board shall

cause to be prepared a map designating the

number of sub-districts

in the township.

Consolida

tion of twe districts.

or more sub

Proviso, and time for

which local directors

shall serve

Passed April 27, 1877.

AN ACT

Supplementary to an act entitled "An act to amend sections ninety-seven, six hundred and forty-three, six hundred and forty-nine, six hundred and fifty, and six hundred and fifty six of an act entitled an act to provide for the organization and government of municipal corporations, passed May 7, 1869 [vol. 66, p. 165], and section six hundred and sixtythree of said act, as amended Ap April 16, 1870 [vol. 67, p. 85]," passed April 8, 1876 [volume 73, page 125].

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the provisions of section six hundred and sixtythree of an act entitled "An act to amend sections ninetyseven, six hundred and forty-three, six hundred and fortynine, six hundred and fifty, and six hundred and fifty-six of an act entitled an act to provide for the organization and government of municipal corporations, passed May 7, 1869 (vol. 66, p. 165), and section six hundred and sixty-three of said act, as amended April 18, 1870 (vol. 67, p. 85)," as amended April 8, 1876 (vol. 73, p. 125), shall not apply to any ordinance or resolution of the council of any city of the first-class, having been advanced to that grade between decennial periods, providing for the lighting of the public buildings, grounds, streets, alleys, or other highways of said eity, nor to have any contract made by such city, for the purpose aforesaid.

SEC. 2. This act shall take effect and be in force from and after its passage.

C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS,

Passed April 27, 1877.

President of the Senate.

Deposit of stolen or oth

er property

taken by po

AN ACT

To amend sections seventeen and eighteen of an act entitled "An act authorizing the election of a board of police commissioners and consolidating the same with the board of health in cities of the first class with a population of less than one hundred and fifty thousand and over ninety thousand inhabitants at the last federal census, and to repeal certain acts." [O. L., vol. 73, page 47.]

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections seventeen and eighteen of the above recited act be amended to read as follows:

Section 17. All stolen or other property taken by the members of the police force, shall be deposited and kept in a place designated by the board of police; and in case of the neglect or refusal of any officer to so deposit the 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 or information, and be fined in a sum not

Officers who

neglect or fail to comply shall be

deemed guilty of a misdemeanor and penalty

therefor.

Record of

property to be kept.

Restoration of unclaimed

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 or 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 person or persons, it property. 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 clerk, 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 in 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. The board shall cause to be kept books for the registry of lost, missing, or stolen property, 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 such 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 police. It shall also cause to be kept in proper books, the accounts 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 cause to be kept and bound all police returns and reports.

And that all property or moneys that shall remain in possession of the board of police commissioners for a period of ninety days or more, without being claimed by any owner, shall be sold under the order and direction of said board of police, at public sale, and the proceeds of such sale shall go to the credit of the life and health insurance fund.

Registry of lost, stolen, or missing

property. Record of member of the police force.

Record of po-
lice board
proceed-
ings, etc.

Disposition of property or money in possession of police comninety days

Perishable property may be sold at any time.

Board of police shall pro

vide station houses for lodging disorderly persons, va

grants, etc.

Purchasing lands for police purposes, erections, control of buildings,

etc.

Proviso.

Officers or employés shall not be

In all cases where perishable property shall come into the custody of the board of police, the same may be sold at any time said board shall order.

SEC. 18. It shall be the duty of the board of police to provide, when it shall be required, at the expense of the said city or cities, all necessary accommodations, within such precincts, as shall be contained within the boundaries of said city or cities, for the station houses required by the board of police, for the accommodation of the police force of such precinct, for the lodging of vagrant or disorderly persons, and for the temporary detention of persons arrested for offenses or held as witnesses. The power of purchasing lands for police purposes, and the supervision and control of the erection, building, altering, or repairing any of said station houses or buildings, shall be solely vested in the board of police commissioners, and all expenses incurred for the above purposes, shall be paid out of the police court funds of said cities, after the same shall have been approved by the board of police and duly certified to the city auditor, who shall place the same in the next ordinance for the payment of claims: provided, that all contracts exceeding five hundred dollars in amount, payable out of said police court fund, the approval of the city council shall first be obtained, and provided further, that no greater amount shall be expended for the purpose aforesaid, by said board, in any one year, than an amount equal to the sum that shall have been paid into said fund, after the payment of the salaries of the police judge, prosecuting attorney of police courts, police clerk and deputy police clerks of said cities unless such expenses shall previously have been authorized by the city council, and provision made for its payment.

No commissioner or other officer of the board or employé of the department, shall be interested in any contract connected with the police department. At least ten days' nointerested in tice shall be given in some newspaper of general circulation

contracts.

in such cities of the first class, of the reception of the proposals for the performance of any contract exceeding five hundred dollars in amount, and said contract shall be awarded to the best and lowest bidder, who shall furnish satisfactory security for the performance of the same, and all contracts for the purposes aforesaid, exceeding five hundred dollars in amount, shall be subject to the approval of the city council. It shall also be the duty of the board to furnish the buildings aforesaid suitably, and 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 lieutenant upon duty in the precinct wherein such arrest was made, by the person making the same, and it shall be the duty of said captain or lieutenant, 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 parties arrested, the offense, the place of arrest,