sioners.

board.

be the duty of the mayor, police judge and the city auditor, in addition to the other duties imposed on them by law, to meet together on the last Monday in March, 1859, two of whom shall constitute a quorum, and appoint from among the qualified electors of such city four persons, to be styled police commissioners, who, with the mayor of such city, shall be a board of police commissioners, who shall perform the Duties of board duties in this act designated. At the first meeting of said board, the four commissioners so above appointed shall draw lots to determine who shall remain in the board for the first five years, who for the first four years, who for the first three Terms of the apyears, and who for the first two years, and the said commis- pointed commissioners shall respectively hold their office for the periods so determined by lot. All vacancies in said board, by expira- Vacancies in tion of terms [of] office, death, resignation or otherwise, shall be filled by the mayor, police judge and city auditor, at a meeting held for that purpose, any two of whom shall be a quorum; and all appointments to fill a vacancy occasioned by the expiration of the term of a member of the board of police commissioners, shall be for five years; and all such appointments shall be made at a regular meeting of the board, held on the last Monday of March of each and every year from and after the last Monday of March, 1861; and all appointments to fill a vacancy occasioned otherwise than by the expiration of a term, shall be for the unexpired term of the member creating the vacancy, and such appointments shall be made as soon as practicable after such vacancy has been created, at a meeting called for that purpose by the mayor, whose duty it is hereby made to do the

same.

watchmen.

keepers, their

oath of office.

SEC. 2. It shall be the duty of said board of police com- Police and missioners to appoint one chief of police, so many lieutenants of police, and so many day, night and special watchmen for each ward, and, in cases of emergency, so many extra watchmen as they may think necessary and proper, and fill all vacancies in the said police force. They shall Station house also appoint keepers of station houses, not exceeding two powers and pay. for each station house, who shall have the powers and pay of watchmen. The persons so appointed by said commis- Their term and sioners shall hold their respective offices at the discretion of the board, and, before entering upon their respective duties, shall make oath or affirmation that they will faithfully, impartially, and, to the best of their ability, execute and perform the duties of their office. It shall be the further duty Rules and reguof the board to establish rules and regulations for the direction and government of the police, and have the same printed, and a copy thereof delivered to each officer, watchman and station house keeper, and the board may call to their assistance the aid of the city solicitor, in framing so much of said rules and regulations as shall define the powers of the police in making arrests, and securing persons under 4-LAWS.

lations for their government.

Complaints against them.

arrest. All complaints against any officer, watchman, or station house keeper, shall be made in writing to the mayor, who shall lay the same before the board at the first regular meeting thereof, or at a special meeting, which the mayor Notice thereof is hereby authorized to call. The party complained of shall

and defense.

Record of the

proceedings of the board.

Mayor's clerk to

be its clerk.

Members of the

board, their oath of office.

To

receive no

compensation or

reward.

To hold no other

office under city,

county or State. Their first meeting and appoint

ments.

Rules and reguown government

lations for their

Quorum.

Room, farniture and stationery for board.

Appropriation

city treasury to pay police.

watchmen and station house keepers.

have due notice of the cause of complaint against him, and shall be heard in his defense. A record shall be kept of the proceedings of the board, which shall be open to the inspection of any citizen, at all reasonable hours; and the clerk of the mayor shall act as clerk of the board of police commissioners, without additional compensation. The members of said board, previous to the entering on the duties of their office, shall take an oath or affirmation that they will support the constitution of the United States and the constitution of the state of Ohio, and that they will honestly, faithfully, and to the best of their ability perform the duties of their office as police commissioners. Said commissioners shall receive no compensation or reward for their services, and shall, during the time they are in office, hold no office of profit, either under the authority of such city, or county wherein such city is situated, or of the state of Ohio. After said police commissioners shall have been appointed and qualified, they shall hold their first regular meeting on the first Wednesday in April, 1859, and make all the appointments authorized to be made by them under this act. The said commissioners shall have power to adopt such rules and regulations for their own government, and time of holding their sessions, not inconsistent with any provisions of this act, as they may deem proper, and any three of them shall constitute a quorum to transact business.

SEC. 3. It shall be the duty of the city council of such city to provide a suitable room in which said board may meet for the transaction of business, and shall also provide the same with the necessary furniture, and the board with the necessary stationery. It shall be the further duty of monthly out of such city council to appropriate out of the city treasury, monthly, funds to pay said police officers, watchmen and station house keepers, and for other necessary expenses under this act, and make the necessary levy for taxes to meet the same. The city council shall by ordinance fix the salaries of said police officers, watchmen, and station house keepers, but a lieutenant of police shall not receive less than two dollars, and a watchman and station house keeper Board to meet in not less than one dollar and sixty cents per day. Until other provision is made by the city council, the board of police commissioners shall meet in the mayor's office.

Their salaries.

mayor's office, until &c.

Monthly certificate of chief of

dent of board,

SEC. 4. It shall be the duty of the chief of police to cerpolice to presi- tify to the president of the board of police commissioners, at the close of each month, the names of the members of the police, and the number of days service by them respectively performed for the month just closed, and the president shall certify the same to the city auditor.

who is to certify to city auditor.

police substitu

city marshal in

ers of chief of

SEC. 5. In all such cities of the first class, with a popula- Office of chief of tion exceeding eighty thousand inhabitants, there shall be ted for that of no such office as that of city marshal, but the duties thereof, certain cities." as now imposed by the acts to which this is supplementary, on the city marshal, shall be performed by the chief of police. The said chief of police shall execute all process Duties and powto him directed by the mayor or judge of the police court, police. and shall by himself or some lieutenant of the police attend on the sittings of said court, to execute its orders and process, and to preserve order therein; he shall have power to designate the lieutenant who shall attend on the sittings of the said court, and shall also have power to detail from the police force under his control, daily, such number of watchmen as may be necessary to execute, in his stead, all process or orders to him directed; he shall have power, by himself or deputy, to execute all such process in any part of the county in which such police court is situated; he shall also perform all duties that are now required to be performed by the chief of police under and by the act to which this is supplementary; it shall be his duty to suppress all riots, disturbances and breaches of the peace, and to that end may call upon the citizens to assist him to apprehend all persons in the act of committing any offense against the laws of this state or the ordinances of the city, and them forthwith to bring before the proper authority for examination or trial; he shall have power to pursue and arrest any person fleeing from justice, in any part of the state, and to receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from any other place or state; he shall have, in the discharge of his proper duties, like powers, be subject to like responsibilities, as sheriffs and constables in similar cases; he shall receive His salary. from the city not less than fifteen hundred dollars per annum, and from the county for state cases not exceeding five hundred dollars per annum, to be allowed and fixed by the county commissioners of such county; but in no case shall he or the lieutenant or watchmen who may be detailed by him to attend on the police court, receive any fees, perqui- Prohibition as to sites, or reward whatever, nor shall any police officer, watchman or station house keeper receive or demand any perqui sites or reward, and all fees, fines, penalties and costs, by said chief of police, lieutenant or watchmen collected, shall be paid over to the clerk of the police court when collected. SEC. 6. The city council of all such cities of the first class with a population exceeding eighty thousand inhabitants, shall have power to erect, establish and maintain a city prison and city work house, which shall be in the keeping and under the control of one superintendent each, to be appointed by the city council, who shall hold their offices for the term of two years, and until their successors are elected and qualified, who shall receive from the city for their servi

fees, perquisites or rewards.

Fees, fines, pento be paid over

alties and costs

when collected. to clerk of police

court.

city work house

City prison and in certain cities and maintained by city council. thereof his ap

may be erected

Superintendent

pointment and term.

His salary, &c.

Sustenance of persons sentenced to city prison or city work house.

Guards.

How appoint

ments of chief of

ces not to exceed eight hundred dollars per annum each, and shall be governed by such rules and regulations as the city council may prescribe, but they shall receive no fees or perquisites whatever other than the amount above specified. It shall be the duty of the city council to provide by ordinance for sustaining all persons sentenced to the city prison or city workhouse, or confined therein at the expense of the city, and the city auditor, on presentation of bills for food and sustenance and necessary supplies, certified to by such person or persons, as council shall by ordinance designate, shall audit the same under such rules and regulations as council may prescribe, and the chief of police shall detail from the police force such number of watchmen as the board of police commissioners may approve of for the guarding and safe keeping of all persons therein confined.

SEC. 7. Until the board of police commissioners shall police, lieuten have appointed a chief of police, lieutenants, watchmen and station house keepers, the appointment of such officers. shall be made as now provided for by said acts to which this

arts, watchmen and station

house keepers

made, until

board of police act is supplementary, but no longer,

commissioners

appoint them.

As to govern

ment of certain

SEC. 8. In all other particulars, except as hereinbefore designated and provided, cities of the first class, containing cities in all other a population exceeding eighty thousand inhabitants, shall in all respects be governed by the provisions of the acts to which this is supplementary, applicable to cities of the first class.

particulars except &c.

SEC 9. This act shall take effect and be in force from and after its passage.

March 14, 1859.

WILLIAM B. WOODS, Speaker of the House of Representatives, E. BASSETT LANGDON, President pro tem. of the Senate.

AN ACT

Curwen's R. S., To enable associations of persons for the improvement of any mineral or medi1877; Curwen's Laws, 1110.

Who may be

come bodies corporate.

cinal springs in Ohio, to become bodies corporate.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any number of natural persons, not less than five, may become a body corporate, with all the rights, privileges and powers conferred, and subject to all the restrictions of this act.

SEC. 2. That any number of persons as aforesaid, associating themselves together for the purpose of improving Certificate of as- any of the mineral springs in the state of Ohio, and making the same a proper and suitable place for the reception and accommodation of invalids and other visitors, shall under

sociation.

their hands and seals make a certificate, which shall specify as follows: First. The name assumed by such company or association, and by which it shall be known. Second. The number of mineral or medicinal springs to be improved as, aforesaid, and place where situated. Third. The amount of capital stock necessary, and the amount of each share thereof. Such certificate shall be acknowledged before a Its acknowljustice of the peace, or other proper officer, and shall to edgment. forwarded to the secretary of state, who shall record and Its record. carefully preserve the same in his office; and a copy thereof copy evidence. duly certified by the secretary of state, under the great seal of the state of Ohio, shall be evidence of such corporation or company.

SEC. 3. That when the foregoing provisions have been complied with, the persons named as corporators in said certificate, are hereby authorized to carry into effect the objects named in said certificate, in accordance with the provisions of this act, and they and their associates, successors and assigns, by the name and style provided in said certificate, shall thereafter be deemed a body corporate, with succession, with power to sue and be sued, plead and be impleaded, defend and be defended, contract or be contracted with, acquire and convey, at pleasure, all such real and personal estate as may be necessary and convenient to carry into effect the objects of the incorporation; to make and use a common seal, and the same to alter at pleasure, and do all needful acts to carry into effect the objects for which it was created; and such company shall possess all the powers, and shall be subject to all the rules and restrictions of this act.

General powers.

SEC. 4. Any company or association, organized for the purposes aforesaid, shall have power to take by purchase or Same. otherwise, and hold such real and personal property and estate, as may be deemed necessary for successfully commencing and conducting the business of the association, and shall have power to lease, sell or convey, or mortgage the same, or a part thereof, in such manner and for such purposes as may be prescribed by the rules and regulations of the company, and not inconsistent with the laws of this state. And said company shall also have power to deal in the transportation and sale of the mineral waters yielded by their springs, and to manufacture glass and other vessels for holding the same; to engage in quarrying stone, marble or slate; mining coal, ores and other minerals situated on their lands, and manufacturing the same, in whole or in part, or both, and to erect and provide suitable buildings for the accommodation of visitors and others frequenting said spring or springs, and to demand and receive compensation from said person or persons.

SEC. 5. The annual meeting of the stockholders of such Annual meeting companies shall be held on the first Tuesday of May, in of stockholders each year, at which meeting the directors of the company directors, &c.

and election of