Moneys collected by po. lice court of certain cities to constitute a contingent fund for po. lice board. Police life and health insurance fund. [House Bill No. 739.] AN ACT To amend sections 1941, 1945, 1946, and 1947 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 1941, 1945, 1946, and 1947 of the revised statutes be amended to read as follows: Section 1941. All moneys collected by the police court of such city on account of the service by the police force of writs issued by such court shall be paid to the board of police, and such moneys, together with the moneys received by the board from all sources whatever, the disposition of which is not otherwise provided for by this subdivision, shall constitute a fund to be called the contingent fund, out of which shall be paid all incidental or extraordinary expenses incurred by the board, and the payment of which is not otherwise provided for by subdivision 2, chapter 5, division 5, title XII. of the revised statutes of Ohio. In cities of the second grade, class first, two-thirds of all moneys collected by the police court as aforesaid, together with two-thirds of the moneys received by the board from all sources whatever, as aforesaid, shall constitute the coningent fund, out of which payment shall be made, as above provided. Section 1945. Fifteen per cent. of all rewards, fees, proceeds of gifts, and emoluments that may be allowed by the board of police to be paid, or given on account of extraordinary services of a member of the police force, all unclaimed money, the proceeds arising from the sale of unclaimed property, and one-third of the moneys received by the board from all sources whatever, the disposition of which is not otherwise provided for by subdivision 2, chapter 5, division 5, title XII. of the revised statutes of Ohio, one-third of all moneys collected by the police court on account of the service by the police force of writs issued by such court, and whenever the name of any member of said force appears as prosecuting witness in any case in such court, such witness shall be entitled to one witness fee for one day, which shall be charged by the clerk in the bill of costs, and collected of the defendant in case of conviction, as in case of other witnesses, all witness fees allowed members of the force in the criminal court of the county, all of which fees when collected, and all fines imposed by the board of police upon members of the force for violation of rules shall be paid into the city treasury, and together with the money now in the "police life and health insurance fund," which is hereby transferred for that purpose, and shall constitute the "police pension fund," and the persons who, from time to time, constitute the board of police commissioners of the city, and two members of the police force, to be elected by the members of said force on the first Tuesday of January of each year, except the first election, which shall take place within thirty (30) days from the passage of this act, are hereby declared trustees of such fund. fund, and the president of said board of police shall be the president of the board of trustees hereby created, and the secretary of said board of police shall be the secretary of said board of trustees, and it is hereby made the duty of said secretary to keep a record of the proceeding of said board of trustees and all action taken by it with regard to said fund, and with regard to the members of said police force, as herein provided, and said board shall have power to draw such fund from the treasury on the warrant of the president, countersigned by the secretary, and may invest the same in interest bearing bonds of the United States, the state of Ohio, and the city of Cleveland, and have power to draw the same from the treasury for that purpose, and shall make reports to the city council of the condition of the fund on the first day of January of each year. Section 1946. When a member of the police force has become Member of police force disabled while in the active performance of official duty, or has injured entiperformed faithful service as a member of such force for a period of tled to relief not less than fifteen (15) consecutive years since May 1, 1866, he from said may, by a majority vote of all the members of the board of police commissioners, be retired from active service and placed upon the pension roll, and when so retired, shall be paid from the fund provided for in the preceding section a pension of five hundred dollars per year in equal monthly payments. If at any time there should not be sufficient money to the credit of the police pension fund to pay all claims against it in full, claims on account of the death of members of the force, if there be any such, shall be first paid in full, and with as little delay as possible, after which an equal percentage shall be paid upon all other claims to the full extent of the funds on hand, and shall be accepted as payment in full by the claimants. No member of the force shall be placed on the pension roll unless the health officer or police surgeon shall certify in writing that he is permanently incapacitated, either mentally or physically, from performing his official duties, nor unless due notice is given him by the board of its intention to retire him. Officers on the retired list shall be subject to the orders of the board of police commissioners. The board of police commissioners may order them to be re-examined by the health officer, or police surgeon, and if reported capable of performing active duty, may return them to regular duty. Officers on the retired list may be brought before the board of police commissioners for trial on charges, and shall be subject to the same penalties as officers in active service. Should an officer on the retired list be dismissed by the board of police commissioners, he shall forfeit all further claims upon the police pension fund. The board shall, within thirty days after the death of any member of the force upon the pension roll, or who has been killed while in the execution of his duty, or who has died in consequence of injuries received while in the execution of his duty, pay the sum of five hundred dollars to his widow or minor children, or in case there be no widow or minor children, then to such person or persons as were dependent upon the deceased for support, but if there be no such dependent person, then no money shall be paid from the fund on account of Certain provisions not to apply to special patro' men. such deceased member, except a sum not to exceed one hundred and fifty dollars, to be used to defray the funeral expenses. Upon the death of any member of the police force not upon the pension roll, the trustees of the "Pension Fund" shall pay to the widow of the deceased, or other person duly authorized to receive the same, the sum of one hundred and fifty dollais. Section 1947. The provisions of subdivision 2, chapter 5, division 5, title XII., of the revised statutes of Ohio, with respect to the "Pension Fund" shall not apply to special patrolmen appointed as herein provided at the request and expense of private parties. SEC. 2. That said original sections 1941, 1945, 1946, and 1947 be and the same are hereby repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 19, 1881. When and how county auditor to settle with county treas urer. [House Bill No. 712.] AN ACT To amend section 1043 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1043 of the revised statutes of Ohio be so amended as to read as follows: Section 1043. The auditor shall attend at his office, on or before the 15th day of February, and also on or before the 10th day of August, annually, to make settlement with the treasurer of his county, and ascertain the amount of taxes with which such treasurer is to stand charged; and the auditor shall, at each August settlement, take from the duplicate, previously put into the hands of the treasurer for collection, a list of all such taxes as such treasurer has been unable to collect, therein describing the property on which said delinquent taxes are charged, as the same is described on such duplicate, and shall note thereon, in a marginal column, the several reasons assigned by such treasurer why such taxes could not be collected; and such last-mentioned list shall be signed by the treasurer, who shall testify to the correctness thereof, under oath, to be administered by the auditor; and in making such list, the delinquencies of each township shall be kept separate and distinct; and after deducting the amount of taxes as returned delinquent, and the collection fees allowed the treasurer, from the several taxes charged on the duplicate, in a just and ratable proportion, the treasurer shall be held liable for the balance of such taxes; and the auditor after first correcting any error which may balance. have occurred in the apportionment of taxes at any previous Treasurer settlement, shall certify the balance due to the state, the balance liable for due to the county, the balance due for road purposes, and the balance due to the townships, and shall forthwith record such list of delinquencies in his office. The said original section number 1043 of the revised. statutes be and the same is hereby repealed. SEC. 3. This act shall take effect from and after its passage. Speaker of the House of Representatives. Passed April 19, 1881. [House Bill No. 587.] AN ACT To amend section 4841 of the revised statutes. Engineer to be appointed to make con tract for im. provement on two mile assessment SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4841 be amended to read as follows: Section 4841. After making such order for an improvement, or for any change in the same, the commissioners shall appoint a competent engineer to superintend the performance and completion of the work, who shall enter into a good and sufficient bond, with surety to be approved by the county commissioners, conditioned for the faithful performance of his duties, in a sum to be fixed by said commissioners, and an action may be brought on pike. such bond by any person aggrieved by a failure of the engineer to do his duty, in the name of such party, and recovery may be had for his use and benefit. The engineer shall, with the approval of the county commissioners, make a contract for the performance of the work, and the contractor may at once enter upon the performance of the work, under the superintendence of the engineer; but the improvement shall be let in sections of not less than one-half mile, by public out-cry, or sealed bids, and to the lowest and best bidders, who shall give such reasonable security for the proper performance of his contract within the time and in the manner described, as the county commissioners may deem expedient. The county commissioners may, for cause, remove the engineer and appoint another in his place. SEC. 2. That section 4841 of the revised statutes be and the same is hereby repealed. SEC. 3. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, Passed April 19, 1881. 228, $4800. Am. 82 v. 115. County commissioners may build bridges, etc., on one mile assessment pike. [House Bill No. 545.] AN ACT To amend section 4800 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4800 of the revised statutes be amended so as to read as follows: Section 4800. The county commissioners shall, when they believe the public interest requires it, build any or all of the bridges and culverts upon the roads provided for in this chapter, and pay for all gravel used in the construction or repair of such roads in such manner as they deem best. SEC. 2. That original section 4800 be and is hereby repealed, and this act shall be in force from its passage. THOS. A. COWGILL, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 19, 1881. What liabilities shall constitute a craft. [House Bill No. 534.] AN ACT To amend section 5880 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 5880 of the revised statutes of Ohio be amended to read as follows: Section 5880. Any steamboat, or other water-craft, navigating the waters within or bordering upon this state, shall be liable, and such liability shall be a lien thereon, for all debts contracted on account thereof by the master, owner, steward, consignee, or other lien on water- agent, for materials, supplies, or labor in the building, repairing, furnishing, or equipping of the same, or for insurance, or due for wharfage, and also for damages arising out of any contract for the transportation of goods or persons, or for injuries done to persons or property by such craft, or for any damage or injury done by the captain, mate, or other officer thereof, or by any person under the order or sanction of either of them, to any person who is a passenger or hand on such steamboat or other water-craft, at the time of the infliction of such damage or injury. SEC. 2. That said original section 5880 be and the same is hereby repealed.' SEC. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tem. of the Senate. Passed April 19, 1881. |