WM. PRESTON LANE, JR., GOVERNOR. 175

of any damage or injury to person or property arising from
or occasioned by any public street, highway or grounds,
including accumulations of snow or ice, or any public work
of the City unless the specific defect or the accumulation
of snow or ice causing the damage or injury shall have
been actually known to the Mayor or City Engineer by
personal inspection for a period of at least twenty-four
hours prior to the occurrence of the injury or damage, un-
less the attention of the Mayor or Engineer shall have been
called thereto by notice thereof in writing at least twenty-
four hours prior to the occurrence of the injury or damage,
and proper diligence has not been used to rectify the defect
or cause said accumulation of snow or ice to be removed
after actually known or called to the attention of the Mayor
or City Engineer as aforesaid.

VII

POLICE

73. There shall be a Department of Police, headed by
a Captain or Chief, with as many regular policemen as the
Council shall deem necessary for the good government of
the City and with such ranks as the Council may desig-
nate. The members of said department shall serve under
such rules and regulations, and for such compensation as
the Council may direct. The Captain or Chief of Police
with the approval of the Mayor, shall have the power to
appoint special policemen if in his judgment the circum-
stances of the City require it; provided, however, that the
term of appointment shall not exceed a period of thirty
days. A Fire Marshal and Assistant Fire Marshals may
be provided for by ordinance of the Council; said Fire
Marshal and Assistant Fire Marshals shall take the oath
of office prescribed for policemen of said City, and shall,
during the time of fire, have all the powers of a policeman
in the City of Hagerstown.

74. Before any policeman, regular or special, shall act
as such, he shall take and subscribe before the Mayor, in
a book to be kept for that purpose, the following oath: "I
dp swear (or affirm) that I will, to the best of my ability,
discharge the duties of policeman of Hagerstown, without
fear, favor or partiality. " The policeman so appointed for
the enforcement of the ordinances of the City and the
preservation of its peace and good order, shall have all the
powers of constables; and any person resisting a policeman
in the discharge of his duty, shall be liable, upon conviction,
to punishment in the same manner and to the same extent