or neglect to allow such use, as and when the same shall be required by said board, the said board may apply to the eircuit court of the county of St. Louis, in the name of the State, for a mandamus to compel a compliance with the provisions of this section, and the application thereof shall be heard and decided by the court. One week's notice of the application shall be given, and the respondent or respondents shall have the right to answer within the week; and if testimony be needed on either side, the same shall be taken within ten days after the answer is filed, or the said week shall have expired. From the decision of the circuit court in the premises, either party may appeal within ten days; and it shall be the duty of the clerk of said court to send up the record immediately, and the appeal shall be heard by the supreme court, if then in session, and if not in session, at the next term, in both courts. The case shall be taken up and tried in preference to all others.

SEC. 13. It shall be the duty of the sheriff of St. Louis county, whenever called on for that purpose by said board, to act under their control for the preservation of the public peace and quiet, and, if ordered by them to do so, he shall summon the posse comitatus for that purpose; and hold and employ such posse, subject to their discretion. In case the board shall deem it necessary, they shall have authority, in accordance with the laws now in force, or hereafter enacted, to call out such of the military force lawfully organized or existing in the said city, or, as they may see fit, to aid them in preventing threatened disorder or opposition to the laws, or in suppressing insurrection, riot or disorder, at all times. And it shall be the duty of the said military force to obey such directions as may be given them by the said board, whenever the exigency or circumstances may in their judgment warrant it. The said board shall have the power to assume the control and command of all conservators of the peace of the City of St. Louis, whether sheriff, constables, policemen, or others, and they shall act under the orders of the said board, and not otherwise; and in case of the refusal of the said sheriff, or policemen, constables, or other peace officer or person, to obey any lawful command of the said board, under the provisions of this section, they shall respectively be liable to the penalties following: that is to say, the said sheriff to a penalty of five thousand dollars, any peace officer to a penalty of five hundred dollars, any private citizen to a penalty of one hundred and fifty dollars; said penalties to be recovered by said board by civil action, in the name of the State; and any officer, in any military force in

the City of St. Louis, organized or existing under the laws of this State, who, being called upon by said board as aforesaid, shall refuse or wilfully fail to call out the force under his command, or to obey the directions of said board, or to enforce, by all lawful means, the performance of the duties. to said force assigned, shall be liable to a penalty of five hundred dollars, and any inferior officer or private of such force who shall refuse or wilfully fail to obey the summons or order of his proper superior, in such behalf issued, shall be liable to a penalty of one hundred and fifty dollars; such penalties to be recoverable as aforesaid.

SEC. 14. So soon as the board created by this act shall hold their first meeting, it shall be their duty to inform the city marshal, the chief of police, the captain of police, and other officers of the police of the City of St. Louis, that they require their attendance upon them and obedience to their orders, which attendance the officers so notified shall be bound respectively to give under a penalty of five hundred dollars each, to be recovered by action at law, instituted by said board in the name of the State, for failure to attend as required, and for each and every failure to obey the lawful order of said board. From and after the first meeting aforesaid, the whole of the then existing police force in the City of St. Louis, both officers and men, shall pass under the exclusive management and control of the said board, and be subject to no other control, and entitled to receive neither orders or pay (except arrearages then due) from any other authority, and shall so continue, subject, however, to remo val or suspension at the discretion of said board, and with the power in said board to fill vacancies, until the said board shall public declare that the organization of the police force, created by this act, is complete. Upon such public declaration, and from the time thereof thenceforward, all ordinances of the City of St. Louis are hereby annulled and declared void so far as they conflict with this act, or assume or confer upon the mayor, or any other person or persons, the power to appoint, dismiss, or in any way, or to any extent, employ or control any police force organized, or to be organized, under such ordinance, or any of them; and from and after such public declaration, as aforesaid, the police force organized, or which may be organized, under such ordinance, or any of them, shall cease to exist, and all its functions and powers be at an end.

SEC. 15. It shall be the duty of the said board, with all convenient speed, after qualifying as aforesaid, and annually thenceforward, to estimate what sum of money will be ne

cessary for each current fiscal year to enable them to discharge the duties hereby imposed upon them, and they shall forthwith certify the same to the board of common council of the City of St. Louis, who are hereby required in the first appropriation ordinance of the fiscal year, to set apart and appropriate the amount so certified, payable out of the net annual revenue of said City of St. Louis, after having first deducted the amount necessary to pay the interest upon the indebtedness of said city, the amount necessary for the expenses of the city hospital and health department, the amount necessary for the expense of lighting the city with gas, and the sum of ten thousand dollars required by law, to be placed to the credit of the sinking fund of said city. The said board of police, upon and after having qualified as aforesaid, are hereby authorized to make requisition, from time to time, upon the mayor, auditor, comptroller, or other proper disbursing officer or officers of the corporation of the City of St. Louis, for such sums of money as they may deem necessary for executing their duties under this act, and the sums so required shall be paid by said proper disbursing officer or officers, out of any moneys in the city treasury not appropriated to the specific purpose above enumerated; provided, however, that the same shall not exceed, in any one year, the amount appropriated by the City of St. Louis for maintaining the police of that city during the year one thousand eight hundred and sixty; and provided also, that the amount so required, or drawn, shall not exceed in any one year the amount so as aforesaid certified for that year to the common council aforesaid; and in case the common council shall fail to make such appropriation, or the said disbursing officer or officers shall not forthwith pay over the amount of such requisition as made, it shall be the duty of said board, and they are hereby authorized and required to issue certificates of indebtedness in the name of the City of St. Louis, in such amounts as they may deem advisable, for the amount of such requisition respectively, bearing interest at ten per cent. per annum, payable not more than twelve months after date, and signed by a majority of the board; and to raise the money on said certificate, by pledging or disposing of the same; which certificate shall be receivable at par in payment of all city taxes, and be as binding upon said corporation, and be as recoverable against it as if the common council of St. Louis had themselves authorized the issuing of said certificates. The common council of the City of St. Louis shall have no power or authority to levy or collect any tax, or appropriate any money for the payment of any police force,

other than that to be organized and employed under this act. No officer or servant of the mayor [or] the common council of said City of St. Louis, shall disburse any money for the payment of any police force other than that to be organized and employed under this act, and the power of said mayor and common council to appropriate and disburse money for the payment of the police force, to be organized or employed under this act, shall be exercised as in this section directed, and not otherwise. In case the amount as aforesaid to be estimated by the said board shall, from any unforeseen cause, prove insufficient for the necessary expenses of the current year, the said board are hereby authorized and empowered to issue certificates, and raise money therefrom, as hereinbefore provided, to meet the exigency; provided, however, that no such additional issue shall exceed the sum of ten thousand dollars in any one year, and that the amount thereof shall be added to the appropriation for the year next ensuing, and that the said certificates shall not be made payable at any earlier day than the first day of November next after the issuing of the same, and shall not be receivable in payment of city taxes earlier than those for the year in which they shall be so payable.

SEC. 16. Any officer or servant of the mayor or common council of the City of St. Louis, or other person whatsoever, who shall forcibly resist or obstruct the execution or enforcement of any of the provisions of this act, providing a permanent police for the City of St. Louis, or relating to the same, or who shall hinder or obstruct the organization of said board of police or the police force hereinbefore provided to be organized, or who shall maintain or control, or attempt to maintain and control the existing police force of said city, or any part thereof, or any other police force under the ordinances and acts herein and hereby repealed, except as herein provided, shall be liable to a penalty of one thousand dollars for each and every such offense, recoverable by the board by action of law, in the name of the State, and shall forever thereafter be disqualified from holding or exercising any office or employment whatsoever, under the mayor or common council of St. Louis, or under this act; provided, however, that nothing in this section shall be construed to interfere with the punishment, under any existing or any future law of this State, of any criminal offense which shall be committed by the said parties in or about the resistance, obstruction, hinderance, conspiracy, combination or disbursement aforesaid.

SEC. 17. The commissioners of police shall cause all persons arrested by the police to be brought before the recorder

of the City of St. Louis, or some justice of the peace within. said county, to be dealt with according to law.

SEC. 18. The board shall cause a full journal of their proceedings to be kept, and shall also cause all their receipts on disbursements of moneys to be faithfully entered in books to be procured and kept for that purpose; and said journal and all said books, and all other documents in the possession of said board, shall always be open to the inspection of the general assembly of the State of Missouri, or any committee appointed by it for that purpose. It shall be the duty of the board to report to the common council of the City of St. Louis, at each annual session thereof, the number and expense of the police force employed by them under this act, and all such other matter as may be of public interest, in connection with the duties assigned them by this act.

SEC. 19. All acts, and parts of acts, and charter, provisions, and all ordinances of the City of St. Louis conflicting with this act, are hereby repealed.

This act shall take effect from and after its passage.
Approved March 27, 1861.

AN ACT

FOR THE RELIEF OF THE CITY OF ST. LOUIS.

WHEREAS the City of St. Louis is owing a large sum of money to contractors for city work, and also for other purposes, which, on account of the pecuniary pressure of the times, it is unable to pay at this moment; therefore,

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. The charter of the said city is hereby amended so as to authorize the issue, in the manner and under the restrictions hereinafter contained, of an amount not exceeding two hundred thousand dollars of city treasury warrants to pay the current debts of the city to contractors and others who have accounts allowed against it; said warrants to be in such form as may be determined by the commissioners hereinafter named.

SEC. 2. Said warrants shall be in denominations of one, two, and three dollars, and shall be receivable for taxes and licenses payable to the said city.

SEC. 3. James H. Lucas, Louis C. Garnier and D. H.