and policemen herein named, and all other necessary expenses in any way arising out of this act, shall be paid out of the fund that would be used in such city for police purposes had not this act been passed; and if such fund is insufficient, it is hereby made the duty of such common council to provide any required balance for such expenses out of any funds of such city not otherwise appropriated.

Section 16. All rewards, fees, gifts, and the proceeds Rewards, arising from the sale of unclaimed goods, after deducting all fees, gifts, expenses incident thereto, shall be paid into the police relief etc. fund; all goods unclaimed for the period of one year shall be sold by the superintendent of police at public auction, after giving due notice thereof by advertisement published three times in a newspaper of general circulation in such city.

Section 17. In case of riot or insurrection, or any like emergency, within said city, which, in the judgment of the president of the board of police commissioners, requires the intervention of the police force, he shall have power to call out the whole force, and control the same during said emergency, or until such time as the said board may have time to convene and take action thereon. And in case of any emergency in such city, which, in the judgment of the board of police commissioners, requires a temporary increase in the numbers of the police force of such city, such board shall have the power to appoint as many other patrolmen or officers as they may deem necessary to serve, as long as such emergency may exist, not exceeding five days. The board may also appoint a sufficient number of substitutes to fill the vacancies occasioned by the absence of any members of said force, and such substitutes shall receive compensation only for such time as they may serve, and the amount of said compensation so allowed shall be deducted from the pay of the absent member.

SEC. 2. Said original sections one, two, four, five, seven, eight, nine, ten, eleven, twelve, fourteen, sixteen, and seventeen are hereby repealed.

Riot, insurrection, or other like emergency.

SEC. 3. Upon complaint being made on oath to the presi- Complaints. dent of the board of police commissioners that any personal property has been stolen or embezzled, and that the complainant suspects that such property is concealed in any particular house or place in such city, or within four miles of the corporate limits thereof, and if such president shall be satisfied that there is reasonable ground for such suspicion, he may issue a warrant to search for such property.

Such warrant shall be directed to some officer of the police force, and shall command [to] him to search the place where such property is suspected to be concealed (which place shall be designated, and the property particularly described in such warrant), and to bring such stolen property before the judge of the police court of such city, and upon the return of such warrant to such judge of the police court, he

Warrants.

No fees.

Gaming and lewd or ob

amusement.

Seizure of implements for gaming, and arrest of persons violating the laws.

shall proceed thereon in like manner as if such warrant had been by him issued.

No fees shall be allowed for the issue or execution of the warrants aforesaid.

SEC. 4. Whenever said board of police commissioners shall have knowledge, or shall receive satisfactory informascene public tion that any house, room, or premises within such city, or within four miles of the corporate limits thereof, is being kept or used as a common gaming house, or a common gaming premises, for therein playing for wagers of money at any game of chance, or if the same is kept or used for any lewd or obscene public amusement, or the deposit or sale of lottery tickets or lottery policies, it shall be lawful for such board, and it shall be its duty, to authorize and direct the superintendent, or any other officer of the police force, to enter such house, room, or premises, and forthwith arrest all persons therein found offending against any law, and seize all implements of gaming, lottery tickets, and lottery policies, and convey any person or persons so arrested before the judge of the police court of such city, and bring the articles so seized to the office of said board. It shall be the duty of the superintendent of police to cause such arrested persons to be vigorously prosecuted, and such seized articles to be destroyed. And said board shall cause the owner or owners of such house, room, or premises, their agent, attorney, or representative, to be notified in writing that such house, room, or premises are being used for an unlawful purpose, and it shall be the duty of such owner or owners, agent, attorney, or representative to cause the use of such premises for such unlawful purpose to cease; and if such owner, agent, attorney, or representative shall neglect or refuse, or not use due diligence to cause the same to be done within a reasonable time, to the satisfaction of the board of police commissioners, he shall, upon conviction thereof, for the first offense be fined not less than fifty dollars, nor more than two hundred and fifty dollars, and shall be committed until the fine and costs are paid; and for the second or any subsequent offense he shall, upon conviction, in addition to the fine, be imprisoned in the county jail not less than fifteen days nor more than three months.

Notifications.

Fines and penalties.

Police force shall assist

SEC. 5. Whenever the board of police commissioners shall have knowledge, or shall receive any satisfactory informain executing tion that there is any prohibited gaming table, or other

gaming device, kept or used in such city, such board shall have power to authorize its president to issue, and it shall be its duty forthwith to order a warrant to be issued by him, directed to the superintendent of police, or some other officer of the police under said board, to seize and bring before said president such gaming table or other gaming device. The officer charged with the execution of such warrant, shall have power to break open doors for the purpose of executing the same, and for that purpose may have the assistance of the whole police force.

It shall be the duty of such president of the board of police Destruction commissioners, before whom any such prohibited gaming of gaming table or gaming device shall be brought, to cause the same devices. to be destroyed by burning or otherwise.

SEC. 6 The superintendent of police, and the lieutenants of police within their districts, shall possess powers of general supervision and inspection over all pawn-brokers, junk shop keepers, cartmen, hackmen, dealers in second-hand merchandise, intelligence office keepers, and auctioneers within such city of the first class, and in the exercise and in furtherance of said supervision, may, from time to time, detail members of the police force to fulfill such special duties in the aforesaid premises as may, from time to time, be ordained by said board of police commissioners.

The superintendent, and the lieutenants within their districts, may, by authority in writing, empower any member of said police force, whenever such member shall be in search of property feloniously obtained, or in search of suspected offenders, to examine the books of any pawn-broker, or his business premises, or the business premises of any junk-shop keeper, or dealer in second-hand merchandise, or intelligence office keeper. And such member of said force, when thereto authorized in writing as aforesaid, and having in his possession a pawn-broker receipt or ticket, shall be allowed to examine the property purporting to be pawned, pledged, or deposited on said receipt or ticket, in whosoever possession said property may be; but no such property shall be taken from the possessor thereof without due process or authority of law. Any willful resistance to such superintendent or lieutenant, or to any member of said police force, whilst in official and due discharge of duty, by any of the persons hereinbefore named in this section, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars, and may be imprisoned in the county jail not more than three months, or both, at the discretion of the

court.

SEC. 7. The actual and necessary expenses incurred by any member of such police force in serving or executing any process provided for in this act, or any criminal process or subpœna in a criminal case, or in detecting or endeavoring to detect, discover, or arrest any perpetrator of crime against the laws of this state, or to discover or reclaim any property feloniously stolen, concealed, or carried away, when directed to do so by the superintendent or the president of the board of police, or by the prosecuting attorney of the county in which such city of the first class may ay be located, shall be a charge against said county. The amount of such expenses shall be made out in items and in detail, and verified by the oath of the party to whom the same is due, to the effect that

Powers of general superintend

ent.

Examination of premises, books, papers, etc., and fines and penalties.

Expense of arresting perpetrator of crime.

Control of

ulations.

the sums therein charged have been actually paid out by him, and shall not include any items of traveling expenses in cases wherein transportation has been furnished to the party gratuitously and without pay by him, under whatever circumstances such free transportation may have been given, and when such bill has been audited and certified by the board of police commissioners, it shall be presented to the board of commissioners of the county in which such city of the first class shall be located, and shall be by them audited and paid as other county expenses are audited and paid.

SEC. 8. Said board shall have charge of and control the sanitary reg- police and sanitary regulations of ali markets and markethouses within such city; shall appoint all market masters and market police as are now or which may hereafter be required by law or ordinance of such city, and shall employ such force of laborers as may be necessary to keep the markethouses of such city clean and in proper sanitary condition.

Appointments and removals.

Rules and regulations.

All market masters, assistant market masters, and laborers employed in the market-house, holding appointments from the mayor or other authorities of such city at the time of the passage of this law, shall hold their respective positions until the expiration of the terms for which they were appointed, confirmed, and commissioned under law or ordinance of such [city] prior to January the first, 1877. And all appointments of market masters, assistant market masters, or market police, made by said commissioners, shall be for and during good behavior, and physical or mental ability to discharge the duties attached to such appointment, none of whom shall be removed but for physical or mental disability, except the chief market master, until written charges shall be preferred against him for neglect of duty, misconduct, or violation of any of the laws of the state or ordinances of such city, or for violation of the rules and regulations of the board in relation to markets and market-houses. All such charges shall be in writing, and the same proceedings shall be had as in the trial of policemen, as provided in section four of the act to which this is an amendment, and if the party accused is convicted by said board, he may be punished by forfeiting and withholding pay for a specified time, or dismissal from office, but no more than thirty days' pay shall be for

feited and withheld for one offense.

All forfeitures under this clause shall be collected on the pay-roll by the clerk of the board, and paid into the treasury to the credit of the "Police Relief Fund."

The chief market master and all laborers employed about the market-houses may be dismissed at the pleasure of the board.

The board shall make such rules and regulations for the government of the market-masters, the market police, and the laborers employed as it may deem necessary for the proper government and dis pline of said force, and may also make such rules and regulations for the government of the markets of such city as it may deem necessary and proper, not incompatible with the laws of the state or the ordinances of such city.

Said board of commissioners shall make an annual estimate for the necessary funds to defray the expenses in carrying out the provisions of this act relating to markets and market-houses, said estimate to be known as the expense of markets and market-houses, which estimate shall be transmitted to the auditor of such city, together with the annual May estimate for police purposes, and it shall be by him transmitted to the common council of such city, whose duty it shall be to levy and cause to be collected such tax, in the same manner as other taxes are now or hereafter may be levied and collected in such city.

Provided, that said annual estimate by said commissioners shall not exceed the aggregate amount expended by such city for the same service for the fiscal year beginning in 1876 and ending in 1877, except the same shall be approved by the common council of such city. And said fund, when so levied and collected, shail be paid into the treasury of such city to the credit of markets and market-houses, and shall be under the control of and subject to disbursement by said police commissioners, under the same restrictions and regulations as are prescribed by the provisions of this act in relation to the disbursement of the police fund.

Until such tax shall be levied and collected, and paid into the treasury of such city, all the necessary expenses in any way arising out of the provisions of this act, in relation to markets and market-houses in such city, shall be paid out of the fund that would be used in such city for the same purposes had not this act been passed, and such common council is required to provide such fund, and place the same subject to the order of such board.

Estimates to

defray expenses.

(reation of

SEC. 9. The board of police commissioners are hereby authorized to create a police relief fund, by assessing on each police relief member of the police force a sum to be deducted from the fund. monthly pay of each member, not exceeding fifty cents per month. The sum so fixed and deducted shall be, by the clerk of the board, paid into the city treasury to the credit of the police relief fund, and shall be used exclusively to relieve members of the police force when sick or disabled from the performance of duty, for funeral expenses, relief of their families in case of death, or for pensions when honorably retired from the force.

All fines and forfeitures from policemen shall be paid into this fund. The board of police commissioners shall be trustees of said fund, and shall invest the same, from time to time, when there is a surplus, in United States bonds, bonds of the state of Ohio, or bonds of such city, or bonds of the county in which such city is located.

The members of the police force of such city shall make such rules and regulations as to the disbursement of said

Fines and forfeiture of policemen.