tion to the ordinary duties of such officer, he shall have such powers and perform such duties as are prescribed in this title, or as may be required by ordinance of the corporation. not inconsistent with this title, and not incompatible with the nature of his office. [66 v. 174, § 151.] SEC 25 He shall demand and receive from the county treasurer all taxes levied and assessments made and certified to the county auditor by authority of the council, and by the auditór placed on the tax list for collection, and from all persons authorized to collect or required to pay the same; all moneys accruing to the corporation from judgments, fines, penalties, forfeitures, licenses, and costs taxed in the mayor's and police courts, and debts due the corporation; and he shall disburse the s me on the order of such person or persons as may be authorized by law or ordinance to issue orders therefor. [66 v. 174, § 152.] Ch. 5. Further duties of treas urer. count. SEC. 26. He shall settle and account with the council Quarterly acquarterly, and also whenever the council may by resolution or ordinance require; and he shall report annually to the council, at the first regular meeting thereof in April, the condition of the finances of the corporation and the amount received by him, and the sources whence received, and the disbursements by him made, and on what account, during the year preceding the first day of April; and such account shall exhibit the balance due on each fund which may have come into his hands during the year. [66 v. 174, § 153] SEC. 27. He shall be allowed, as compensation for the Compensadisbursement of moneys, other than school funds, which tion. shall come into his hands under the provisions of this title, such sum as the council may allow /not exceeding the follow ing in any year: On the first five thousand dollars two per centum; On the next five thousand dollars one and a half per centum ; On the next ten thousand dollars one-half of one per centum ; And on all sums that may be disbursed by him in excess of the above amounts, one-fifth of one per centum; which compensation shall be paid out of any money in the corporation treasury not otherwise appropriated; and no other compensation shall be allowed corporation treasurers for services performed under this title. [66 v. 174. § 154.] SEC. 28. The county treasurer shall, on the first Monday of February and August in each year, pay over to the treasurer of the corporation all moneys received by him up to that date arising from taxes levied and assessments made belonging to the corporation. [66 v. 175, § 155] SEC. 29. The moneys of a village shall be kept in the burglar-proof safe belonging to such village, if such there be: provided, however, that in any village the treasurer or perBon intrusted with funds of the same may, with consent of Duty of county treasurer. Where village funds may be deposited. Div. 4. Duty of outgoing treaser as to delivering money, etc., to successor. Duties of solicitor. Shall give opinion. Pay over money. Shall apply for injunc tion in certain cases. the council of such village, and bondsmen of such village treasurer, deposit such funds in a bank or other safe place, subject to the order of the treasurer or person making the deposit, subject to such terms and conditions as to collateral security from such bank or person receiving such deposit as council shall, by resolution, direct; but the failure or inability on the part of any individual, corporation, or firm, with whom the funds of any village may be deposited, to refund the same, shall not release the treasurer or other person who shall be bound for the money so deposited belonging to such village. [64 v. 65, §§ 1, 2; S. & S. 904.] SEC. 30. The corporation treasurer, and the county treasurer, when acting as such, shall each, at the expiration of his term of office, or on his resignation or removal, deliver to his successor, all moneys, books, papers, and other property in his possession as treasurer; and in the case of the death or incapacity of such treasurer, his legal representatives shall, in like manner, pay over and deliver the money and property which was so in the treasurer's hands, to the person entitled thereto. [55 v. 92, § 22; S. & C. 1596.] THE SOLICITOR. SEC. 31. The solicitor shall, whenever required so to do by resolution of the council, prosecute or defend, as the case may be, for and in behalf of the corporation, all complaints, suits, and controversies in which the corporation is a party, except cases before the police court where there is a prosecuting attorney for such court, and such other suits, matters, and controversies as he shall, by resolution or ordinance, be directed to prosecute; but he shall not be required to prosecute any action before the mayor for the violation of any ordinance without first advising such action. [66 v. 175, § 157.] SEC. 32. When any officer of the corporation entertains doubts concerning the law in any matter before him in his official capacity, and desires the opinion of the solicitor, he shall clearly state to the solicitor, in writing, the question upon which the opinion is desired, and thereupon it shall be the duty of the solicitor, within a reasonable time, to reply, orally or in writing, to every such inquiry; and the right here conferred upon officers shall extend to the council, and to each board provided for in this title. SEC. 33. He shall pay over to the treasurer all moneys which may come into his hands belonging to the corporation, or which may come into his hands by way of fines, forfeitures, costs, or otherwise, and take the treasurer's duplicate receipt therefor, one of which he shall file with the clerk of the corporation, or in case there be an auditor, then with such auditor. [66 v. 175, § 158] SEC. 34. He shail apply to a court of competent jurisdiction for an order or injunction to restrain the misapplication of funds of the corporation, or the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the corporation in contravention of the laws or ordinances governing the same, or which was procured by fraud or corruption. [66 v. 175, § 159] SEC. 35. In case he fail, upon the request of any tax payer of the corporation, to make the application provided for in the preceding section, it shall be lawful for such tax payer to institute suit for such purpose, in his own name, on behalf of the corporation: provided that no such suit or proceeding shall be entertained by any court until such request shall have first been made in writing. [67 v. 72 § 160] SEC. 36. If the court hearing such case is satisfied that such tax payer had good cause to believe that his allega tions were well founded, or if the same is sufficient in law, it shall make such order as the equity and justice of the case demands; and in such case the tax payer shall be allowed his costs, including a reasonable compensation to his attorney. [66 v. 175, § 161.] SEC. 37. He shall make a report annually to the council, at their first regular meeting in April, of the business of his office, and the moneys by him collected, during the year preceding the first day of April, and such other matters as he may deem proper, in order to promote the good government and welfare of the corporation. [66 v. 175, § 162] SEC. 38. He shall receive such stated salary, payable quarterly out of the corporation treasury, and such fees or compensation for particular services, as the council may prescribe; and no additional counsel shall be appointed or employed at the expense of the corporation, except by a resolution of the council adopted for that purpose, specifying the case in which such additional attorney is employed, the reasons therefor, and may fix the compensation to be paid. [66 v. 176, § 163.] STREET COMMISSIONER, FIRE ENGINEER, CIVIL ENGINEER, AND SEC. 39. In municipal corporations that have a street commissioner, fire engineer, civil engineer, or superintendent of markets, those officers shall severally perform the duties prescribed by this title, and such other duties not incompatible with the nature of their office, as the council may by ordinance require; and each shall receive such compensation for his services, by fees or salary, or both, as may be provided by ordinance. [66 y. 176, §§ 161, 165.] Div. 5. Po ice Curt. Ch. 1. FIFTH DIVISION: POLICE DEPARTMENT. CHAPTER 1. POLICE Court. CHAPTER 2. POLICE POWERS OF MAYOR, POLICE JUSTICE, PRESIDENT CHAPTER 3. MARSHAL And Chief of POLICE. CHAPTER 4. LIMITATIONS ON FINE AND IMPRISONMENT; CIVIL ACTION FOR FINE; LIMITATION IN TIME OF PROSECUTION. CHAPTER 5. POLICE BOARDS AND OFFICERS. Div. 5. Police Court. Ch. 1. SUBDIVISION I. JURISDICTION OF THE COURT AND JUDGE. SECTION 1. In cities of the first class there shall be a court, held by the police judge, which court shall be styled the police court, and be a curt of record. [72 v. 51, § 168.] SEC. 2. Said court shall have a seal, with the name of the state in the center, and the style of the court in the margin; and it shall be the duty of council to furnish such seal. [72 V. 51, § 168.] SEC. 3. The jurisdiction of said court to make inquiry in criminal cases shall be the same as that of a justice of the peace; and the judge shall have the same power to take acknowledgment of deeds, and other instruments of writing, administer oaths, and take and certify depositions. [66 v. 176, § 166] SEC. 4. The court shall have jurisdiction of any offense under any ordinance of the city, and of any misdemeanor committed within the limits of the city, or within four miles thereof, to hear and finally determine the same, and impose the prescribed penalty; but cases in which the accused is entitled to a trial by jury, shall be so tried, unless a jury be waived. [66 v. 176, § 167.] SEC. 5. In felonies committed within the county, the court shall have the powers of a justice of the peace to hear the case, and discharge, recognize, or commit; and if, upon such hearing, the court is of the opinion that the offense is only a mi-demeanor, and that the court may entertain jurisdiction of it under the last section, a plea of guilty of such misdemeanor may be received, and sentence and judgment pronounced; but if in such case the accused decline to enter such plea, the court, without discharging the accused, shall cause the prosecuting attorney to immediately file in the court an information against the accused for such misdemeanor, on which charge he shall be tried in that court, after an entry has been made discharging him of the felony. SEC. 6. Where the charge is the cominission of a misdemeanor, and the proof shows that the party has committed a felony, the court, upon the proper affidavit being filed, shall discharge the party as to the misdemeanor, and admit him to bail or commit him, as the case may be, for the fel ony. SEC. 7. The court shall have power to issue process, preserve order, and punish coutempts, summon and impannel jurors, grant new trials and motions in arrest of judgment, suspend execution of sentence upon notice of intention to apply for leave to file a petition in error, and such other powers incident to the court of common pleas as may be necessary for the exercise of the jurisdiction herein conferred, and the enforcement of the judgments and orders of the court. [72 v. 51, § 168.] SEC. 8. Prosecutions for offenses against the laws of the state shall be brought and conducted in the name of the Name; presiding officer. Seal. General jurisdiction to inquire into crimes, etc. Final juris diction. Hearing in felonies. Where, on charge of misdemeanor, proof shows felony. General pow ers. |