Detention and trial of persons ar

When the

seizure of necessary

and unusual articles shall

be made.

and the place of detention. All persons arrested by the of-
ficers or members of the police force shall be detained, while
in their custody, only in places provided for that purpose,
and no trial or examination of any person arrested shall be rested.
held in the office of the superintendent of the police, or of
the board; but the person so arrested shall be examined in
the police court of said city or cities, duly in session, before
the police judge, or in the absence of the judge, before the
person acting in such capacity. Necessary and usual arti-
cles of clothing or personal apparel upon the person or in
possession of persons arrested, and detained, shall not be
taken or seized by the police, unless there be reason to sus-
pect that the clothing has been stolen or obtained unlaw-
fully. The board of police shall provide suitable accommo-
dations, within said city or cities, for the detention of wit-
nesses who are unable to furnish security for their appear-
ance in criminal proceedings, and such accommodations shall
be in apartments other than those employed for the confine-
ment of persons charged with crime, fraud, or disorderly con-
duct; and it shall be the duty of the police judge, in com-
mitting witnesses, to have regard to the rules and regula-
tions of the board of police, in respect to their detention.
Every person arrested by the police, charged with the viola-
tion of any city ordinance, may give special bail for his ap-
pearance, to answer to such charge; and the officer in charge
of the precinct where such arrest is made is authorized to ac-
cept such bail; but no member of the police force shall be-
come or furnish bail for any person arrested.

SEC. 2. That the original sections seventeen and eighteen be and the same are hereby repealed, and this act shall take effect from and after its passage.

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

Board of police shall provide accommodations for witness

es.

Special bail

may be given for violating city ordinan

ces.

Passed April 27, 1877.

AN ACT

For the relief of ex-overseers of the poor in certain cities of the first class.

WHEREAS, By the adoption of the municipal code of Ohio, provision was made by a law applicable to the whole state, requiring municipal councils to provide by ordinance for the appointment of persons to act without compensation as overseers of the poor; and,

WHEREAS, In the city of Cincinnati, where the services of overseers of the poor were necessarily great, no persons could be procured to act as such overseers unless compensated therefor, and no ordinance was ever passed in such city under the

Compensation of exoverseers of the poor for work performed in cities of the first class.

law aforesaid providing for the appointment of overseers; and the general assembly did, in consequence of the foregoing, on December 22, 1874, enact a law whereby overseers of the poor in such cities should be paid for their services, and they have been since then in fact so paid; and,

WHEREAS, Between the times of the adoption of the two laws aforesaid, it was necessary that overseers of the poor be employed in such cities to assist infirmary directors in the distribution of charities to the poor, and for a period of two years and eight months, said overseers performed service under promises and on the faith of being paid, but have not been in any way compensated; therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cities of the first class having a population exceeding two hundred thousand, where overseers of the poor have performed services without receiving compensation therefor, the auditor and treasurer of every such city, are hereby authorized and empowered on behalf of such city to, and they shall forthwith, ascertain and determine the length of time each of such overseers served without compensation, and said overseers shall be paid as herein provided, for the length of time so determined. And said auditor and treasurer shall, and they are hereby authorized, for and on behalf of such city, to pay for such services at a rate of compensation not exceeding fifty dollars per month for the length of time as aforesaid so determined. The money so to be paid by said auditor and treasurer may be drawn from either the general fund or the infirmary fund, or both, as said auditor and treasurer shall elect, having reference, however, to the state and necessities respectively of said funds.

SEC. 2. That this act 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.

Passed April 27, 1877.

What shall constitute a school district.

AN ACT

To amend section four of chapter one of an act entitled "An act for the reorganization and maintenance of common schools," passed May 1, 1873.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four of chapter one of the above recited act be amended so as to read as follows:

Section 4. Each incorporated village, including the territory attached to it for school purposes, and excluding the territory within its corporate limits, detached for school purposes, shall be constituted a school district, to be styled a village district, in the following manner, to wit: Written or printed notices, signed by not less than five electors, residents of such village, shall be posted in at least five of the most public places within the limits of said village, requesting the electors of said village to meet for the purpose of voting on the question of establishing a village district, on a day and between specified hours, not less than six, between six o'clock in the forenoon and six o'clock in the afternoon, and at a place designated in said notices, within the limits of said village, which notices shall be posted not less than ten days prior to the day designated in them for such meeting. The electors so assembled at the time and place designated, shall appoint a chairman and two clerks, whoshall be the judges of said election. The electors in favor of the proposed village district shall have written or printed on their ballots the words, "Village district, yes;" and those opposed thereto, the words, "Village district, no;" and the votes so cast shall determine the question whether such village district shall be established. If a majority of the votes cast at said election shall be found opposed to establishing such village district, the question of establishing such village district shall not be again submitted to the electors of said village until the succeeding regular annual election for village officers, and then only upon the usual notice being given as above; and if a majority of the votes cast at said election shall be found to be in favor of establishing such village district, the said village may be organized as a village district in the manner provided in sections five and six of an act entitled "An act supplementary to an act for the reorganization and maintenance of common schools," passed March 30, 1874.

SEC. 2. That said original section four of the act passed May 1, 1873, above recited, 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.

Passed April 27, 1877.

AN ACT

Supplementary to the act entitled "An act to authorize county commissioners to construct roads on petition of a majority of resident land owners along and adjacent to the line of said road," passed March 29, 1-67, and amended by subsequent acts.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any road constructed porate body or otherwise, and after the completion thereof, improved by any cor

or

may, with the consent of the stockholders or contributors thereto, be relinquished and transferred without consideration to the commissioners of any county of this state, in or through which such road may be located, or any part thereof, together with all rights and privileges appertaining thereto, such transfer or relinquishment to be evidenced by a written declaration executed by the president and secretary of such corporate body, or other association, and upon the deposit of such instrument of writing, duly executed, with the county auditor, and the commissioners being satisfied that such road has been built in such manner as to make a good and lawful turnpike, and that there are no debts against such road for the construction thereof, shall, by a proper order, cause such road to be entered of record as a free turnpike, within the meaning of the act to which this is supplementary, and thereafter such road or part thereof transferred as aforesaid, shall be a free road, and shall be kept in repair by such county commissioners, in the same manner as such improved free road.

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,

President of the Sonate.

Passed April 28, 1877.

Certain officers shall ex

ecute a bond to be approved by the mayor.

AN ACT

To amend sections eighty and eighty-seven of an act entitled "An act to provide for the organization and government of municipal corporations," passed May 7, 1869 (O. L., vol. 66, page 164).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections eighty and eighty-seven of an act entitled "An act to provide for the organization and government of municipal corporations," be amended so as to read as follows:

Section 80. Each officer named in chapter six shall, before entering upon the duties of his office, execute a bond to be approved by the mayor (except the bond of the mayor shall be approved by the council, and if for any reason the council shall not be legally organized for the transaction of business, then, and in such case, the bond of the mayor shall be prescribed in amount and approved by the clerk of the common pleas court of the county in which such city may be located), in such amount as the council shall by ordinance prescribe, conditioned for the faithful performance of the duties of his office, which bond, except the bond of the clerk, shall be deposited with the clerk of the corporation, and be by him, with the approval endorsed thereon, recorded and filed and preserved in his office; and the bond of the clerk shall, after being by him recorded, be deposited with the mayor.

Council shall

elect presi

clerk.

Section 87. 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 organize dent, presiby electing from their own number, a president and a president pro tem. dent pro tem, clerk, 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 effected: provided, that in cities of the second class, the mayor shall be ex-officio president at the time of such or- Proviso. ganization, and in case of a tie vote in the choice of president and such other officers as are required to be elected at such organization of said council, then the mayor shall give the casting vote; and provided, also, that in case enough members shall absent themselves to cause the council to lack one member of a quorum, then, and in such case, and so long as this state of affairs shall continue, the mayor shall be exofficio a member of said council, with the same powers, duties, and privileges as other members of the council, and such members as remain together with the mayor shall be a quorum for the transaction of business.

SEC. 2. That sections eighty and eighty-seven of the above recited act be and the same are hereby repealed.

SEC. 3. That this act be in force from and after its passage.

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

President of the Senate.

Passed April 27, 1877.

AN ACT

Supplementary to an act entitled an act to amend sections sixty-six, sixtyseven, and seventy of the act entitled "An act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, 1852, (S. & C. p. 305,) and to repeal a certain act amendatory thereto, passed January 26, 1865, (O. L. vol. 62, p. 4; S. & S. p. 239).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the provisions of the above recited act shall be extended so as to include church sessions, and that whenever any such session shall comply with the provisions of said act, it shall be lawfully invested with all the powers, privileges, and immunities granted by said act to which this is supplementary.

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

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

H. W. CURTISS,

President of the Senate.

Passed April 30, 1877.