in said court, and sentenced to the industrial school for boys (or girls) are the costs before the justice or mayor, and those accruing in the juvenile court payable by the state county?"

or

It may be well first to observe that there is no statutory authority permitting a justice of peace or mayor to bind a minor under the age of eighteen years over to the court of common pleas to await the action of the grand jury. For this reason no fees may be legally taxed or paid in connection with any attempt by such officers to bind over such persons. The duty of such officers appears from Section 1659, G. C., which says:

"When a minor under the age of eighteen years is arrested, such child, instead of being taken before a justice of the peace or police judge, shall be taken directly before such juvenile judge; or, if the child is taken before a justice of the peace or a judge of the police court, it shall be the duty of such justice of the peace or such judge of the police court, to transfer the case to the judge exercising the jurisdiction herein provided. The officers having such child in charge shall take it before such judge, who shall proceed to hear and dispose of the case in the same manner as if the child had been brought before the judge in the first instance."

Provision is made by the juvenile act, however, for binding over to the court of common pleas a delinquent child charged with a felony, but in such cases the binding over is upon the order of the juvenile judge. Section 1681, G. C., the provision referred to, says:

"When any information or complaint shall be filed against a delinquent child under these provisions, charging him with a felony, the judge may order such child to enter into a recognizance, with good and sufficient surety, in such amount as he deems reasonable, for his appearance before the court of common pleas at the next term thereof. The same proceedings shall be had thereafter upon such complaint as now authorized by law for the indictment, trial, judgment and sentence of any other person charged with a felony."

Such costs as accrue in the court of the justice of the peace or mayor in the doing of what Section 1659, G. C., authorizes such officers to do, together with the costs accuring in the juvenile court, are payable by the county under Section 1682, G. C., and not by the state. This matter has already been passed on by this department in opinion number 502, rendered June 14, 1915, to the Bureau of Inspection and Supervision of Public Offices, and the same may be found in Opinions of the Attorney General for 1915, Vol. II,

p. 1022. The head-note to said opinion is as follows:

"A mayor has no jurisdiction to dispose of a case against a minor under eighteen years of age other than to transfer the case to the juvenile judge. Fees and costs originally made, are to follow the case for allowance and payment under Section 1682, G. C."

(3) Your third question reads:

"Where a defendant is arrested and prosecution started in a justice or mayor's court, and on discovering defendant's age to be under 18 and case is immediately transferred and defendant committed to juvenile court, how are the costs of justice's court provided for?"

This question has already been answered by the discussion of your second question.

(4) and (5) Your fourth and fifth questions may be considered together. They are as follows:

"When an adult is arrested on a warrant issued by the juvenile court charging 'contributing toward delinquency of a minor child' and the cause is heard in said juvenile court, and the defendant found guilty and is sentenced, should a record of such case be made? If so, where?"

"Is there any provision of law for a final record of the proceedings of the juvenile court? Or do the entries in the appearance docket and on the journal of such court constitute a sufficient record of such cases?"

It is evident that your fourth question relates to a person proceeded against in juvenile court for violating the provisions of Section 1654, G. C., which says:

"Whoever abuses a child or aids, abets, induces, causes, encourages or contributes toward the dependency, neglect or delinquency, as herein defined, of a minor under the age of eighteen years, or acts in a way tending to cause delinquency in such minor, shall be fined not less than ten dollars, nor more than one thousand dollars or imprisoned not less than ten days nor more than one year, or both. Each day of such contribution to such dependency, neglect or delinquency, shall deemed a separate offense. If in his judgment it is for the be best interest of a delinquent minor, under the age of 18 years, the judge may impose a fine upon such delinquent not exceeding ten dollars, and he may order such person to stand committed until fine and costs are paid."

In asking, in your fourth question, whether a record of such case should be made, and in your fifth question whether there is "any provision of law for a final record of the proceedings of the

juvenile court," you possibly have in mind the following sections of the general code:

"Sec. 2874. The clerk shall * * * make a complete record of each cause unless by law or by the order of the court such record is dispensed with * *

"Sec. 2883. Unless by order on the journal a record is dispensed with, the clerk shall make a complete record of each cause within six months after final judgment or order of the proper court. On his failing to make such record within such time, the clerk may be removed by the court of common pleas."

"Sec. 11605. Except as hereinafter provided, the clerk shall make a complete record of every cause as soon as it is finally determined, unless such record, or some part thereof, be waived."

"Sec. 11606. The clerk must make up such record in each cause in the vacation next after the term at which it was determined, which the presiding judge of the court shall subscribe at the following term."

"Sec. 11607. The record shall be made up from the petition, the process, return, pleadings subsequent thereto, reports, verdicts, orders, judgments, and all material acts and proceedings of the court. If items of an account, or copies of papers attached to pleadings, are voluminous, the court may order the record to be made by abbreviating them or inserting a pertinent description thereof, or by omitting them entirely." Sections 13529 and 13596, G. C.-part of the criminal codealso speak of a "complete record."

It is the view of this department that the sections just referred to are inapplicable to proceedings had in the juvenile court by reason of Section 1641, G. C.-part of the juvenile act-which says:

"The clerk of the court of the judge exercising the jurisdiction shall keep an appearance docket and a journal, in the former of which shall be entered the style of the case and a minute of each proceeding and in the latter of which shall be entered all orders, judgments and findings of the court."

Said section is, we think, in the nature of a special provision and governs to the exclusion of general provisions.

You are therefore advised that in cases arising under Section 1654, G. C., and all other sections of the juvenile act, the entries and minutes made in the appearance docket of the juvenile court and the entries in the journal of that court of all orders, judgments and findings of said court, are the only record required by law to be made.

Funds Raised by a Special Levy Under Section 4450, Can be Used for no Other Purpose Than to Defray the Proper Expenses Incident to Epidemics, Threatened Epidemics or the Unusual Prevalence of a Dangerous Communicable Disease, and to Prevent the Spread of Such Disease, and if a Balance Remains in Such Fund Which Cannot be Used for Those Purposes and Which is Not Needed Therefor, Such Balance or Surplus Shall be Transferred Immediately to the Municipal Sinking Fund.Under Section 4450, G. C., in the Year or Years, or at Such Time or Times, as There Exist Cases of Epidemic or Threatened Epidemics or an Unusual Prevalence of a Dangerous Communicable Disease and Funds are not Otherwise Available, the Council of a Municipailty May Exercise the Powers Granted Thereunder.

No. 1874 (Opinion Dated Feb. 24, 1921.) Bureau of Inspection and Supervision of Public Offices, Columbus, Ohio.

Gentlemen: Acknowledgment is made of the receipt of your recent request for the opinion of this department as follows:

"We respectfully request your written opinion on the following matter. For the past three years the council of a municipality of this state has made an annual levy under Section 4450, G. C., for general health epidemic purposes, the regular levy for the health department being insufficient to meet the expenses of epidemics. These moneys are placed in the health epidemic fund and the taxes levied and credited to such fund have been considerable more than necessary to meet the costs of epidemics, resulting in a large surplus in the fund.

Question 1. Can the balance in the health epidemic fund raised by levy under authority of Section 4450, G. C., or any part thereof, be used to pay other expenses of the health department, such as maintenance and operation, or any expenses other than those required specifically for health epidemic purposes?

Question 2. Can council or any board or officer legally transfer or divert or expend such balance or part thereof for work-house or work-house farm purposes?

Question 3. Can funds raised by levy described above be used for any purposes other than health epidemic purposes? Question 4. Is such a general annual levy legal under Section 4450 of the General Code?"

It is believed that questions 1, 2 and 3 will be governed largely by the same laws and legal principles and may be considered together. In one way or other they relate to purposes for which

funds raised by levy under Section 4450 for health epidemic funds may be used.

Section 4450 empowers the council of a municipality to "borrow any sum of money that the local board of health deems necessary to defray the expenses necessary to prevent the spread" of contagious diseases of unusual prevalence. This power may only be exercised under other provisions of this statute where such funds are not otherwise available and only in cases "of epidemic or threatened epidemic, or during the unusual prevalence of a dangerous communicable disease." This section is one of Chapter 2, beginning with Section 4404, the subject of which was "Boards of Health" in cities and villages.

Much of that chapter has been amended or repealed by what are known as the Hughes-Griswold health laws, found in 108 O. L., Part 1, page 236, and Part 2, page 1085, where such laws are designated as 1261-16, et seq., G. C. You will note the reference in Section 4450 to "the local board of health."

Section 1261-30 provides that the district board of health thereby created in the place of municipal and township boards of health "shall exercise all the powers and perform all the duties now conferred and improved by law upon the board of health of a municipality."

So that no material change is made in 4450 by reason of the amendment in this regard.

In 103 O. L., p. 521, Section 5654, provides in part that:

* *

"The proceeds of a special tax *** shall not be used for any other purpose than that for which the same was levied, * * * except as herein provided. When there is in the treasury of any city a surplus of the proceeds of a special tax ** ** which cannot be used, or which is not needed for the purpose for which the tax was levied, * all of such surplus shall be transferred immediately * the sinking fund of such city *** and thereafter shall be subject to the uses of such sinking fund."

*

* *

* to

From your letter it is concluded that the funds to which you refer were raised by a special levy and the answers to your questions therein are based upon that conclusion.

The force of Section 5654 is apparent. It is rendered more so by consideration of the fact that in the same act, of which it was a part, Section 3802, was repealed. Section 3802 provided that when the cash balance existed at the end of a business year, in a fund other than a fund created for a public improvement, which