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. The several city courts shall have power, to suspend or to withhold judgment in any case where any person shall have been convicted in such court or shall have entered a plea of guilty, as now provided by law for the circuit and criminal courts of this state. In case a jury is called, the number of such jurors shall be six.

This section amends section 8843 Revision of 1914.

[Acts 1921, p. 404. In force May 31, 1921.]

8847. Salary of judge, hours of court.-220. The salary of the city judge, in cities of the first class, shall be four thousand ($4,000) dollars per annum; in cities of the second class eighteen hundred dollars ($1,800) per annum; in cities of the third class, where such city has such judge his salary shall be six hundred dollars ($600), which may be increased by ordinance to any sum not exceeding fifteen hundred dollars ($1,500), and in cities of the fourth class, where such city has such judge his salary shall be fixed by ordinance in any sum not exceeding twelve hundred dollars ($1,200), payable quarterly, as the salaries of other city officers are paid: Provided, That in cities of the first class such city judge shall hold court daily (Sundays excepted) between the hours of 9 o'clock a. m. and 12 o'clock noon and from 2 o'clock p. m. to 5 o'clock p. m.

This section amends section 8847 Revision of 1914.

[Acts 1921, p. 125. In force March 1, 1921.]

8849a. City court matron-Cities of first and second class.-1. There is hereby created the office of court matron, or probation officer, of the city court in each of the cities of the State of Indiana of the first and second class. Said court matron, or probation officer, shall be appointed by the board of public safety of each of said cities, and before appointment she must be recommended in writing by not

less than twenty women and five men, all of whom shall have been residents of such city for at least five years next previous to such appointment. She shall not be under twenty-five years of age, shall be fully qualified and shall be of good moral character. She shall have all the authority now delegated to a police officer, and may be removed by the board of public safety for good cause shown. She shall, under the direction of the judge of the city court, investigate and report to such judge upon the past histories, conditions of living, character, morals and habits of all women and girls awaiting trial in such city court, and shall exercise supervision of such women and girls while not in actual custody until final disposition of the charge or charges against them. Such court matron shall be paid the same compensation or salary as is paid to the patrol and desk sergeants of the police force of such city, which amount shall be determined by the common council and fixed by ordinance.

The above section 8849a amends section 1, Acts 1919, p. 439, which amended section 8849a Revision of 1914.

Police matron, appointment, section 8796 Revision of 1914.

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

[Acts 1917, p. 51. In force May 31, 1917.]

8852. Process, by whom served, arrests.-225. All warrants or other processes issued by the city court shall be directed to the chief of police of such city, a constable of any justice court located in such city or any person specially deputized by the city court and shall be executed, served and returned by such chief or by any policeman of such city or by such constable, or by such specially deputized person. It shall be the duty of the members of the police force of such city to cause all persons arrested by them for violation of any ordinance of such city, or any law of the state, to be taken before such city court for trial or examination, as the case may be.

This act amends section 8852 of the Revised Statutes of 1914,

8852a. Taxing of fees and mileage.-2. When warrants or other process issued by the city court shall be directed to any constable or specially deputized person and executed and returned by either of them the said city court shall tax a fee and mileage as is now allowed and taxed by justices of the peace in like cases.

28. MISCELLANEOUS PROVISIONS.

[Acts 1921, p. 368. In force May 31, 1921.]

8858a. Hospital association, aid by city.-1. Whenever a hospital association shall have been organized and incorporated under the laws of the State of Indiana, having is [its] principal office and place of business designated in its articles of association as located in, or within one mile of the limits of, any city of the fourth or fifth class, and such hospital association shall desire to construct within such city, or within one mile thereof, a hospital to be operated not for profit, but as a benevolence, and the common council of such city shall find that said city is not provided with sufficient hospital facilities to properly care for the citizens thereof, then and in that case the common council of such city is hereby authorized to make an appropriation of money to aid in the construction and equipment of hospital buildings and the purchase of suitable grounds therefor, in a sum not in excess of the sum provided for such purchase and construction by such hospital association, and is hereby authorized to enter into such contract or contracts with such hospital association and the donor or donors of any fund for such purpose, for the naming of said hospital, the holding of the title to such hospital building and grounds, and for the receiving of donations and the terms upon which donations may be accepted for the construction thereof, as such council may deem most advantageons to the citizens of such city, and such

contracts when so entered into shall be valid and binding upon such city, such hospital associations and such donor or donors.

This section was presumably to amend section 1, Acts 1917, p. 147, being section 8858a Supplement of 1918. The title of the original act, as quoted in the title to the above act, includes "fourth class cities" as well as "fifth class cities" and omits the words "and aid in the construction and maintenance."

[Acts 1917, p. 147. In force March 5, 1917.]

8858b. Appropriations to defray expenses.-2. Whenever any hospital buildings or grounds shall have been provided and equipped in accordance with the provisions of this act, and the funds derived from fees paid by patients in such hospital in any one year and all other income of such association, shall not be sufficient to defray all the expenses of maintaining such hospital and grounds, then and in that case such city is hereby authorized to appropriate and pay to such hospital association annually a sufficient sum to defray such deficiency. 8858c. Trustees, non-sectarian, non-partisan.-3. No sum shall be appropriated by any city council for the erection, construction, equipment, maintenance or purchase of grounds for any such hospital unless the construction and maintenance thereof shall be in the hands of a board of trustees entirely non-sectarian and non-political.

8858d. Open to all citizens, terms.-4. Such hospital when constructed shall be open to all citizens of such city on reasonable terms, and shall be open on reasonable terms to all physicians of such city who desire to place patients therein, and shall be open, without charge, to all employes of the city who may be injured in the course of their employment, and shall be open to all poor and indigent persons of such city on reasonable rates to be paid by the proper officers having charge of the care of such poor and indigent persons.

8858e. Bonds.-5. Such common council of such city is hereby authorized to issue and sell bonds of such city to provide funds to aid in such purchase, equipment and construction of such hospital buildings and grounds, as aforesaid, in like manner and under like regulations as the issuing and sale of bonds for the construction of other city buildings, and to levy and collect the necessary taxes to pay and satisfy such bonds when due.

8858f. Tax levy.-6. Such common council of such city is hereby authorized to annually levy and collect a tax not in excess of five cents on each one hundred dollars of the taxable property of such city to provide funds to aid in the maintenance of such hospital as hereinbefore provided.

[Acts 1915, p. 23. In-force April 26, 1915.]

8861m. Coliseums in cities of 60,000 to 68,000.-1. That all cities having a population of not less than sixty thousand (60,000) nor

more than sixty-eight thousand (68,000) according to the last preceding United States census, be and they are hereby authorized and empowered to erect and maintain memorial buildings, auditoriums and colosseums in the manner provided by this act.

8861n. Tax levy.-2. The common council of any such city is hereby empowered and authorized to adopt a resolution for levying a tax of not less than five (5) and not more than six (6) cents on each one hundred ($100.00) dollars of the taxable property of said city to create a fund for the construction of such institution, Provided The same shall not become effective until such resolution has been ratified and approved by the voters of said city at an election to be held for that purpose the same as in case of the construction of such institution as elsewhere herein provided, the fund so raised shall not be used for any other purpose.

88610. Board of works may decide.-3. Whenever it shall be determined by the board of public works of any such city that the public welfare of said city will be promoted thereby, said board of public works shall adopt a declaratory resolution, providing for the construction and maintenance of such memorial building, auditorium or colosseum, setting forth in said resolution a general plan of the proposed building, the probable dimensions thereof and its capacity so as to give the voters of said city an opportunity to know generally the kind of building called for by such resolution. In such resolution shall be set forth the maximum amount to be expended by said city for the construction of said building complete in all details, including the cost of the real estate upon which the same is to be so constructed. Upon the adoption of such resolution the same shall be submitted to the common council of said city for ratification and approval.

8861p. Election to authorize.-4. Upon the approval and ratification of said declaratory resolution by said common council or upon the amendment thereof by said council and concurrence in such amendment by said board of public works, the city clerk of said city shall give notice for twenty (20) days, by publication for two weeks, once each week in a daily newspaper of general circulation printed in said county that at the next succeeding general election, specifying in such notice the date of such election, the votes of the legal voters of said city as to whether said city shall construct such auditorium, colosseum or memorial hall, or shall join with a private corporation in the construction thereof, or shall levy a tax for the future construction of the same as the case may be, will be taken.

8861q. Form of ballot, return to city clerk.-5. When the polls are closed at said election, the election officers shall forthwith certify