chase, acting by such Department of Public Purchase as agent, and be subject to the approval of such executive department or officer, which shall be evidenced by the signature of such department or officer to the contract of purchase, or the drawing of a voucher by such executive department or officer to pay for purchase price of such supplies or materials.

Second: When bidding and the publication of notice are required by law, such Department of Public Purchase shall act as the agent of such executive department in informing prospective bidders, and in doing all things necessary for the securing of advantageous bids.

Third: To secure information as to market prices, reasonable values and costs of supplies and materials to be purchased.

Fourth: To advise and give such other aid and assistance as may be required in the making of such purchases.

Fifth: To act as agent of any executive department, to sell or exchange any personal property ordered to be sold by such executive department, for which it was purchased, after the same has been appraised as now provided by law, provided that when the appraised value thereof is two hundred dollars ($200.00) or less, the same may be sold or exchanged for not less than the full appraised value thereof, without any action of the common council of such city authorizing such sale or exchange.

Sixth: To act as agent to purchase or contract for any necessary repairs, for any machinery, tools, equipment, apparatus, appliance or bridge, when ordered by any executive department without the publication of notice to bidders therefor.

8837g. Additional powers and duties.-7. The Department of Public Purchase shall have such other powers, and perform such other duties as may be authorized by ordinance of the common council of any such city, which are not in conflict with this act, or other laws.

8837h. Supplies and materials defined.-8. The term "supplies and materials" used in this act shall be deemed to include any and all personal property of every kind and description which any executive department or any officer of said city is now authorized to purchase for city use.

88371. Record of supplies and disbursements.-9. It shall be the duty of the Department of Public Purchase to keep such records of materials and supplies received and disbursed, together with the cost of each article, so that a complete inventory of all such materials and supplies, with their cost, could be rendered within three days' time when called for by the mayor, and to make such inventory at least every six months.

8837j. Unlawful purchases, penalty.-10. It shall be unlawful for any officer, employee or agent of such city or any department thereof to obtain supplies, goods, wares or materials from such Department of Public Purchase, for any other use than that of such city or department with which such person is connected, and it shall also be unlawful for any officer or employee of such Department of Public Purchase to furnish any such goods, wares, supplies or materials from such Department of Public Purchase for any use other than that for such city or the department for which such purchase is made, and any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined in any sum not exceeding five hundred dollars ($500.00) to which may be added imprisonment in the county jail or penal farm for a period not exceeding six months.

8837k. System of management and control.-11. Such city purchasing agent, subject to the approval of the city controller, shall devise a system for the management and control of such department, prescribing the forms of invoices, receipts, books and papers and files as they may be necessary, together with rules and regulations as deemed by them necessary for the proper operation of such department, not inconsistent with this act. All such minutes, invoices, receipts, books and papers except unopened bid or bids under consideration shall be deemed public records which shall be open to examination by the public the same as other public records.

88371. City controller to audit accounts.-12. It is hereby made the duty of the city controller to audit the accounts and examine the affairs and records of such department, and to submit annually and at any other time as he may deem advisable, a report of such examination to the mayor and common council of such city.

8837m. Legalizing acts of city purchasing agents.-13. All acts of city purchasing agents and departments of purchase created under ordinance by any common council of any such city heretofore passed, are hereby legalized, ratified and confirmed.

Section 14 of the above act provides that the act be in force and effect from and after its passage.

SEC.

25. DEPARTMENT OF HEALTH AND CHARITIES.

8838. Commissioners, terms, salary. 8839. Powers and duties.

8838. Commissioners, terms, salary.

SEC.

8839b. Tax levy for board of health.

Health commissioners are not employés of a city, but are officers, and they are only entitled to such compensation as may be fixed by an ordinance. Watts v. City of Princeton, 49 App. 35, 96 N. E. 658.

1

8839. Powers and duties.

If property is devised to a city to establish a hospital, the testator may annex conditions for the management of the hospital. Dykeman v. Jenkines, 179 Ind. 549, 101 N. E. 1013.

[Acts 1919, p. 629. In force March 14, 1919.]

8839b. Tax levy for board of health.-2. A tax levy of twelve (12) cents on each one hundred ($100) dollars of taxable property in such city as the same appears on the tax duplicate, which shall be in addition to other taxes of the city, shall be levied annually by the common council for the purpose of the board of health; and the city treasurer shall collect such taxes the same as other city taxes are collected, and shall, between the first and fifth days of each month notify the board of health commissioners of the amount of such taxes collected for board of health purposes during the preceding month; and upon the date of notification above referred to, the city treasurer shall credit the board of health fund with such amounts of taxes for board of health purposes as may have been collected at that time. The said board shall have full, complete and exclusive authority to expend for and on behalf of such city all sums of money thus realized, and also that may be realized by such board of health commissioners from the fees derived from the city hospital patients of such city, from the sale of bonds of the city for board of health purposes, and from any other source. All gifts, donations or payments whatsoever which are given or paid to such city for board of health purposes, shall belong to the general board of health fund, to be used by the said board of health in the same manner as herein before stated: Provided, That warrants for such expenditures shall be drawn by the comptroller of such city for expenditures upon a voucher of such board, signed by the president or vice-president and secretary. The said board shall have no power to contract debts beyond the amount of its annual income and the amount available from the sale of bonds, or other sources.

All money remaining in the treasury to the credit of the board of health at the end of the calendar year shall remain to the credit of the general health fund, to be used by the said board of health commissioners for board of health purposes.

The common council of such city shall annually, beginning in the year 1919, levy a tax in the sum of one (1) cent on each one hundred ($100) dollars of taxable property in such city as the same appears on the tax duplicate to be expended by such board in the treatment and care of tuberculosis patients and in work of prevention for antituberculosis purposes. Such fund shall be placed to the credit of the board of health in a fund to be known as the "tuberculosis fund" and under no circumstances shall be used for any other purpose but for

the purpose aforesaid and shall be subject to the warrant of the board of health and of the city controller without any further appropriation. The duty of making such tax levy shall be performed regardless of any limit now existing by law in the tax levying power of such city. This section amends section 8839b Revision of 1914.

Section 2 of this act provides that the act be in force and effect from and after its passage.

[Acts 1919, p. 615. In force March 14, 1919.]

8839k. Department of community welfare.-1. That in addition to the existing executive departments of cities of the first class as such cities of the first class, are defined in an act of the General Assembly of the State of Indiana, entitled "An act concerning municipal corporations", approved March 6th, 1905, and all acts amendatory thereof and supplemental thereto, there is hereby created as an executive department, a department of Community Welfare, in such cities, which department shall be under the control of a board of sixteen members, all of whom shall serve without compensation. Each member of any such board before entering upon his duties, shall take and subscribe the usual oath of office, to be indorsed upon the certificate of his appointment, and shall cause the same to be filed with the city clerk. Any such appointee who shall not file such oath with the city clerk as herein provided within twenty days after the beginning of the term for which he has been appointed, or the date of his appointment, if appointed after the beginning of such term, shall be deemed to have refused to serve and the office shall become vacant. See section 8684 Revised Statutes of 1914, Acts 1905, p. 219.

88391. Board appointed by mayor, terms of office, nominations.-2. The first members of such Board of Community Welfare shall be appointed by the mayor of such city and shall hold office respectively as follows: Four for the term of one year, four for the term of two years, four for the term of three years, and four for the term of four years, from and after the first day of May of the year of their ap

pointment. Thereafter the appointments shall be for a term of four years. Annually thereafter, on the expiration of the respective terms aforesaid, the vacancies in said board caused by such expirations, shall be filled as follows:-At a meeting of said board to be held not more than sixty days and not less than forty-five days prior to the first day of May of each year, at which meeting the members whose terms are about to expire shall have no vote, the board shall proceed by ballot to make nominations of persons who, in the judgment of said board, would make suitable members of the board for the ensuing terms, and said board shall not less than thirty days before said first day of May, certify in writing to the mayor for his approval and appointment, the names of those so nominated, Provided however, No such nominee shall be so certified unless he shall have received at least seven votes in his favor, Provided further, however, That if two persons shall have received six votes each for the same membership, a statement of such fact together with both names shall be certified to the mayor for his consideration. In the event of a vacancy in said board by reason of resignation or other cause, the same shall be filled for the unexpired term by appointment by the mayor upon nomination by the board in the same manner as hereinbefore provided in case of expiration of terms, Provided however, That such nominee or nominees shall be certified to the mayor by the board within ten days of the time when any such vacancy occurs, and in the event said board shall not so certify such nomination within said ten day period, the mayor shall fill such vacancy without such nomination.

8839m. Powers of board.-3. The Board of Community Welfare shall have power:

To make rules and regulations for its management and government not inconsistent with law;

To appoint a secretary of such board and such agents, clerks and employes as the board may deem necessary, to prescribe and define their respective duties and authorities and to fix and regulate the compensation of such employes, to be paid out of funds available for such purposes;

To accept in the name of such city, and to manage and control any unconditional gift, devise or bequest to any such city not made for any specific purpose and also any gift, devise or bequest to any such city for community welfare purposes; and if any such gift, devise or bequest is without condition or limitation, such board may in the exercise of its discretion by proper resolution adopted at any session of such board, appropriate and apply any fund, subject to its administration to any enterprise which may involve the health, education, safety, pleasure, comfort, welfare or convenience of, or other benefit