necessary repairs in the department, subject to the same provisions as are prescribed in this act for the exercise of similar powers by the department of public works. The board shall have charge of all matters relating to the public health and the enforcement of laws in relation thereto, including the charge of the city hospital, and city dispensary, if any there be, and all other city charities; and shall keep a careful record of all its proceedings. Such commissioners shall appoint a superintendent of the city hospital and also a superintendent of the city dispensary, who shall have control and management of each thereof, if there be such city hospital or dispensary in such city. Such commissioners shall appoint as secretary one of their number, who shall be a physician of good standing, and well informed in sanitary science, and whose salary shall be fixed by ordinance: Provided, That in cities of the first class such board shall appoint a competent person not a member of such board who shall be a doctor of medicine and well informed in sanitary science, and who shall be the city sanitarian and by virtue of his office secretary of such board, and whose salary shall be two thousand dollars, which may be increased by ordinance to any sum not exceeding three thousand dollars per annum; in cities of the second class the secretary of such board shall receive not over one thousand dollars per annum, in cities of the third and fourth classes, not over five hundred dollars per annum, and, in cities of the fifth class, not over one hundred dollars per annum to be fixed in each case by ordinance. In every city of the first class such secretary of the board of health shall not engage in any other business, occupation or profession. He shall at all times be under the direction and control of such commissioners in the performance of his duties. Such secretary shall be the executive officer of the board, and attend to the proper registration of births, marriages and deaths and such other statistical information as such department of public health and charities may require. He shall have the immediate control and direction of the sanitary police force, and in connection therewith shall make all necessary sanitary surveys and inspections. He shall also make and superintend, in relation to the sanitary condition of the city, such chemical, histological, pathological and other investigations as shall be deemed advisable by the board; he shall have charge of the office occupied by the commissioners, and carry out and perform all such orders and directions as the board may require, keep all the records of the board, and render to the department a full report of all matters pertaining to his office, monthly, and also an annual report in like manner at the close of each calendar year.

3639. Powers and duties.-214. Such board of health is hereby authorized and directed to prepare ordinances for the protection of public health; for securing the proper registration of births, marriages and deaths, and such other statistical information as the department may require, with penalties for their violation; for the removal and burial of the dead; for the maintenance, if deemed necessary, of an ambulance service for the speedy removal of sick and needy persons; for the effi

cient regulation and management of the city hospital and city dispensary, as may seem desirable, in case there be in any such city such city hospital or dispensary; for the destruction or fumigation of infected property or premises; for the registration of plumbers and the inspection of plumbing and house drainage in all buildings, both public and private, erected after the passage of this act, and in all buildings both public and private, erected prior thereto, wherein changes in or additions to the plumbing or drainage are to be made; for the appointment of an inspector of plumbing and house drainage, who shall be a practical plumber and shall be required to pass an examination as to his qualifications by three practical plumbers doing business and residing in such city, such examiners to be selected by the board of health; and such other ordinances as shall make the department effective in the prevention and suppression of disease. Such ordinances shall be submitted to the council for passage as other ordinances. Such commissioners shall nominate for appointment by the department of public safety, or, in cities of the fifth class, by the city marshal, as special sanitary officers, skilled and competent persons for live stock and meat inspectors and food inspectors, whose duty it shall be to inspect all live stock, meat, and food offered for sale for human consumption in such city, and to attend the public markets and watch carefully over the same and prevent the selling or offering for sale for human food of any and all articles unfit for use; and the department is hereby authorized to require from the department of public safety, or the city marshal, as the case may be, special details of policemen or firemen to execute orders for the department of public health whenever needed. The department of public safety, or city marshal, shall detail policemen who shall be constantly subject to the orders of the department of health. In case of disagreement between the two departments as to the number or duration of service of such details of policemen, or the number of sanitary officers required, the mayor shall decide the question.

JUDICIAL DEPARTMENT.

3640. City court-Officers-Seal.-215. The judicial power of every city of the first, second, third and fourth classes, shall be vested in a city court. The officers thereof shall be a judge, a clerk and a bailiff, except that, in cities of the third and fourth classes, the judge of such court shall act also as clerk and shall perform all duties, so far as applicable, hereinafter prescribed for the clerk of such court. The bailiff shall be a policeman detailed for such service by the chief of police under direction of the board of safety. The style of such court shall be: "The City Court of the City of according to the name of such city. Such court shall be a court of record, and all its judgments, decrees, orders and proceedings, shall have the same force and effect as those of the circuit court, except that no judgment shall be a lien on real estate otherwise than as provided by taking a transcript of such

judgment and filing the same in the office of the clerk of the circuit court; and such judgment shall then be enforced in the same manner as in case of liens by transcript from justices of the peace in similar cases: Provided, That in cities of the fifth class the mayor shall exercise all the powers and be required to perform all the duties herein provided for city judges, in so far as the same are applicable. The city judge shall provide at the expense of the city a seal for such court, which shall con'tain on the face the words: "City Court of Indiana," the blank to be filled with the name of the city. A description of such seal, together with an impress thereof, shall be spread on the records of such

He shall also provide all books, dockets, papers and printed blanks necessary for the discharge of the duties of such court. No change of venue shall be taken from such court, but any defendant may take a change of venue from the judge thereof and a special judge may be appointed, as provided by law in relation to the circuit court.

3641. City judge-Election, term-Jurisdiction.-216. The city judge shall be elected by the legal voters of such city, at the same time and in the same manner as the other city officers are elected, for the term of four years and until his successor is elected and qualified. His term of office shall begin at twelve o'clock, noon, on the first Monday of January following his election; except that any city judge elected at the election to be held in November, 1905, shall, as in the case of other officers then elected, hold only from the expiration of the term of his predecessor and until the first Monday in January, 1910. Before entering upon the discharge of his duties he shall execute a bond, payable to such city in the penal sum of five thousand dollars, with good and sufficient surety, to be approved by the mayor and filed in the office of the city controller, conditioned for the faithful discharge of the duties of his office. He shall hold daily sessions of the city court, Sundays excepted, at a place to be provided and designated by the common council. He shall have and exercise within the county in which such city is located the powers and jurisdiction now or hereafter conferred upon justices of the peace in all cases of crimes and misdemeanors, except as otherwise herein provided. He shall have exclusive jurisdiction of all violations of the ordinances of such city. He shall also have original concurrent jurisdiction with the circuit court or criminal court in all cases of petit larceny and all other violations of the laws of the state where the penalty provided therefor can not exceed a fine of five hundred dollars and imprisonment in the jail or workhouse not exceeding six months, or either or both: Provided, That such city judge, in any case brought before him charging any person with a crime or misdemeanor, if, in the opinion of such judge. the punishment which he is authorized to assess is not adequate to the offense, may so find, and in such case he shall hold such prisoner to bail for his appearance before the proper court, or commit him to jail in default of such bail.

3642. Powers of city judge.-217. In the trial of any person in any city court for the violation of any law of this state or ordinance of such

city, the court or jury shall have power to assess a fine in any sum not exceeding five hundred dollars, or adjudge imprisonment as a part of the sentence for any time not exceeding six months in the county jail, workhouse or other lawfully designated place of confinement, or both. Such judge shall have full power and authority to make and adopt rules. and regulations for conducting the business of such court not repugnant to the laws of this state, and shall have all powers incident to a court of record in relation to the attendance of witnesses, the punishment of contempts, the enforcement of its orders and the issuing of commissions for taking depositions in cases pending in such court. He shall have full authority to administer oaths and to give all necessary certificates for the authentication of the records and proceedings of such court. In the matter of changes of venue and other matters relating to the trial of any person charged with the violation of any law of this state or of any ordinance of such city, such court shall be governed, so far as may be, by the law, rules, practice and pleading in criminal and circuit courts, except where herein otherwise provided. Appeals may be taken from the judgment of such court to the circuit or criminal court of the county, in the same manner as provided by law for appeals from justices of the peace. In case of the temporary absence or inability of the regular city. judge to act, he shall appoint any reputable practicing attorney to preside in his absence, and such special judge shall have and possess all the powers and rights, and perform and exercise all the duties of judge of such court as fully and completely as the regular judge appointing him, and while so serving shall receive the compensation allowed special judges in the circuit court, to be paid out of the city treasury on the certificate of the regular judge and the warrant of the city controller. It shall be the duty of such judge, whether regular or special, to tax, for the use and benefit of such city, a docket fee of five dollars in each case where a defendant is adjudged guilty of a violation of any law of this state or ordinance of such city, which docket fee shall be collected in the same manner as other costs are collected; and no other fees whatever, except witness fees, shall be taxed against a defendant, unless as otherwise expressly stated in this act: Provided, however, That nothing herein shall prevent the taxing and collection of the penalties and fees now fixed by law in case of the collection of judgments on execution, levy and sale of personal property. Such penalties and fees, including such docket fee, when collected, shall be for the use and benefit of such city: And provided, further, That any money collected by any city judge where the judgment includes fine and costs, shall be applied, pro rata, on such fine and costs. Any person having been adjudged guilty of a violation of an ordinance of such city, and committed therefor, may be discharged by such court or judge after such defendant has been imprisoned, in addition to the term of imprisonment, if any, adjudged against him as a part of the sentence, one day for every dollar of such fine and costs, if it appear to such court or judge that such defendant is unable to pay or replevy such fine and costs, but an execution may issue

against the property of the defendant, as in the case of other judgments. In no case, however, shall the city be liable to any person for costs or fees. In case a jury is called, the number of such jurors shall be six. Jurors, qualifications, section 155la.

Appeals without bond in felony, section 3653.

A judgment rendered by a police court can not be collaterally questioned when such court had jurisdiction over the subject matter and person. Webber v. Harding, 155 Ind. 408; Koepke v. Hill, 157 Ind. 172.

3643. Vacancy in judgeship—Appointment.-218. In the case of a vacancy in the office of city judge, the mayor shall appoint a successor, who shall hold such office during the unexpired term.

Under the act of 1901, creating city courts in certain cities, the governor must fill vacancies in the offices of city judge. State v. Berghoff, 158 Ind. 349.

3644. Fees forbidden.-219. The city judge, clerk of the city court, and the bailiff thereof shall not receive any fees or compensation whatever other than their respective salaries.

3645. Salary of judge.-220. The salary of the city judge, in cities of the first class, shall be twenty-five hundred dollars per annum; in cities of the second class, eighteen hundred dollars per annum; in cities of the third class, fifteen hundred dollars per annum; and, in cities of the fourth class, twelve hundred dollars per annum, payable quarterly, as the salaries of other city officers are paid.

3646. Clerk of city court-Duties. 221. In cities of the first and second classes, the city clerk shall be clerk of the city court, and shall give bond as in this act herein before provided. Such clerk shall have power to administer oaths; he shall issue all process of such court, affix the seal of the court thereto, and attest the same. He shall keep a complete record and docket of all cases, showing what persons were arrested and brought before the court, how the cases were disposed of, and giving an account of the fees, fines, penalties, forfeitures, judgments, executions, decrees and orders had therein, in the same manner, as nearly as may be, as such records are kept by the clerk of the circuit court. He shall collect all such fees, fines, penalties and forfeitures, and all judgments and executions and all moneys whatever accruing to or to be paid in for the use of such city from the enforcement of any of the ordinances thereof. At the close of each week he shall make out and deliver to the city judge a written report of all cases in which he has received or collected any moneys during such week, and shall forthwith pay over all such moneys to such judge, and take his receipt therefor.

3647. Bailiff Bond-Duties.-222. The bailiff of such city court shall be a police officer of such city, designated and assigned to such court by the chief of police, under direction of the board of public safety. He shall give bond, payable to such city, in the penal sum of one thousand dollars, with surety to be approved by the mayor, conditioned on the faithful and honest discharge of his duties, which bond shall be filed