ACTS AND JOINT RESOLUTIONS OF THE 44TH GENERAL ASSEMBLY OF INDIANA.
Senate Bill No. 1.
AN ACT making Specific Appropriations from the State Treasury.
Section 1 appropriates $75,000 to defray the Legislative expenses of the General Assembly.
Sections 2 and 3 directs the Auditor to draw his warrant upon the Treasurer of State for the per diem and mileage of members: for "such allowances as may be provided by either House or Senate by resolution;" and for the per diem of officers of the Assembly and their Assistants: the pages three dollars per day, nil others five dollars per day. The latter part of section 3 is printed on page 127 of these Reports.
Section 4 is printed in full on page 151.
Section 6 is an emergency clause.
Senate Bill No. 3.
Printed in full on pages 345 and 346.
Senate Bill No. 6.
Changes the times for holding the Common Pleas Court in Bartholomew county.
Engrossed Senate Bill No. 1O.
AN ACT to amend section three-hundred and twenty-two of an act entitled "An Act to revise, simplify and abridge the rules, practice, pleadings and forms in civil cases in the courts of this State, to abolish distinct forms of action at law, and to provide for the administration of justice in a uniform mode of pleading and practice, without distinction between law and equity," approved June 18th, 1852.
Section 1 amends section 322 of the above entitled act so that it shall read as follows :
SEC. 322. A motion to postpone the trial on account of the absence of evidence, can be made only upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it ; and where the evidence may be, and if it is for an absent witness, the affidavit must show where the witness resides, and the probability of procuring his testimony within a reasonable time, and that his absence has not been procured by the act or connivance of the party nor by others at his request, nor with his knowledge and consent and what facts he believes the witness will prove, and that he believes them to be true, and that he is unable to prove such facts by any other witness, whose testimony can be as readily procured. If thereupon the adverse party will consent that on the trial the facts shall be taken as true, if the absent evidence is written or documentary, and in case of a witness, that he will testify to said facts as true, the trial shall not be postponed for that cause; and in such case the party against whom such evidence is used shall have the right to impeach such absent witness as in case where the witness is present, or his deposition is used. Senate Bill No. 14.AN ACT to amend an act entitled " An Act in relation to County Treasurers.'' approved June 4th, 1852, and declaring an emergency. Section 1 amends Section 1 of the above entitled act by adding at the end thereof the following words:"Which bond shall be signed and acknowledged by said Treasurer and his sureties in the presence of the said County Commissioners or a majority for said Commissioners." Section 2 is an emergency clause.
Senate Bill No. 20.
AN ACT to amend sections one and two of an act entitled "An act fixing the per diem and mileage of members of the General Assembly, Secretaries, Clerks and Doorkeepers," approved June 4th. 1852.
Increases the per diem of members from $3 to $5 and the mileage from $3 to $5 for every twenty-five miles traveled; and increases the per diem of officers from $3 to $4.
Engrossed Senate Bill No. 23.
AN ACT to amend section seventy-six of an act entitled "An act defining misdemeanors and prescribing punishment therefor," approved June 14, 1852.
Amends Section 76 of the above entitled act so that it shall read as follows:
SEC. 76. Any person who shall unlawfully go upon the lands of another, and any person who shall unlawfully pull off, or pull off and carry away any corn growing on the stalk or any fruit on the tree, bush or plant, pumpkin or melon on the vine, or other annual product attached to the realty, or growing in the soil, of the value of ten cents or upwards, the property of another, shall be fined in any sum not exceeding fifty dollars, to which may be added imprisonment in the County Jail for any period not exceeding six months; and any person concerned in the commission of any such offence may be compelled to testify against the others, but in such case shall be exempt from punishment himself for such offence.
page: 402[View Page 402]Engrossed Senate Bill No. 28.
AN ACT to amend the twenty-fifth section of an act entitled "An Act defining felonies and prescribing punishment therefor," approved June 10th, 1852.
Section 1 amends section twenty-five of the above entitled act so that it shall read as follows:
SEC. 25. Every person who shall maliciously alter the mark or brands of any horse, mare, gelding, ass, mule, sheep, goat, cattle, or hog of another, or mark or brand any such animal with intent to steal the same, or maliciously poison any such animal, if the value of the animal so poisoned or marked be five dollars or upwards, shall be subjected to the punishment inflicted on those guilty of grand larceny, and if the value of such animal be less than five dollars, such person shall be subject to the punishment inflicted on those guilty of petit larceny.
Section 2 is an emergency clause.
Senate Bill No. 29.
AN ACT to authorize the Bank of the State of Indiana to reduce the capital stock of a Branch or Branches of said Bank, [to an amount not less than $25,000,] to close the business and affairs of a Branch or Branches under certain regulations, and amendatory of sections sixty-eight, sixty-two and seventy-four, of an act entitled "An Act to establish a Bank with Branches, passed March 3, 1855."
Section 68 of the above entitled act is amended by striking therefrom the clause disqualifying a director of any moneyed corporation, having power to discount and receive deposits" from being a Director of any Branch. Section sixty-two is amended by reducing the minimum number of Directors from five to three. Section seventy-four is amended by providing in rule the "tenth" that "three members shall be necessary to constitute a board for the transaction of business." This act takes effect when the Bank Directors shall file their consent thereto in the Secretary of State's office.
Senate Bill No. 30.AN ACT to authorize, regulate, and confirm the sale of railroads, to enable purchasers of the same to form corporations, and to exercise corporate powers, and to define their rights, powers, and privileges; to enable such corporations to purchase and construct connecting and branch roads, and to operate and maintain the same.
Taken effect from and after its passage.
Senate Bill No. 39.
Changes the time for holding the common please courts in Whitley county.
Senate Bill No. 41.
AN ACT appointing commissioners to sell certain real estate therein named, [lots numbered four, five, and six of square No. 47, and lot No. 1 in block No. 68, in the city of Indianapolis,] to provide a residence for the Governor of the State and his successors, and to make him an allowance in lieu thereof, [not exceeding $5,000 per annum,] until the same is provided, and matters properly connected therewith.
Senate Bill No. 42.
Changes the time for holding the Common Please courts in the counties of Putnam and Clay.
Engrossed Senate Bill No. 49.
AN ACT to authorize the State Treasurer to refund to Winslow, Lanier, & Co., monies paid by them by request of the Governor, as interest on State Bonds; with interests on accounts so paid; and declaring an emergency.
WHEREAS the State of Indiana failed to pay the interest on the State debt, in the usual way; AND WHEREAS at the request of the Governor of this State and for the purpose of preserving the good faith and credit of the State Messrs. Winslow, Lanier, & Co. of the City of New York have paid the interest falling due upon the stocks of this State on and after the first day of July, 1863, so far as the holders of such stocks have applied to them for such payment. Therefore--
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That Matthew L. Breft, Treasurer of the State of Indiana, upon the presentation of the proper receipts for the interest paid on the stocks of the State of Indiana by said Winslow, Lanier, & Co., is hereby directed to pay the same to said Winslow, Lanier, & Co., with interest on the same from the date of the deposit to meet said interest until the time of repayment at the rate of seven (7) per cent per annum.
SEC. 2. Whereas an emergency exists for the immediate taking effect hereof this act is declared to be in force from and after its passage and filing in the office of the Secretary of the State.
Engrossed Senate Bill No. 53. AN ACT entitled "An Act to allow County Commissioners to organize turnpike companies, where three-fifths of the persons representing the real estate within prescribed limits petition for the same; and to levy a tax for its construction, and provide for the same to be free.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana. That any number of persons owning more than three-fifths of the amount of real estate as shown by the books of the county auditor or counties in which the proposed road is to be constructed, may make by written petition to the board of the County Commissioners in which their realty is located, and if they show by the appraisement of
page: 403[View Page 403]their real estate, certified by the county auditor of the county in which their realty is situated. that such persons represented over three-filths of the real estate, three-fourths of one mile each side pf the proposed McAdamized, gravel or plank road; the persons making the application stating in writing to the County Board or counties as the case may be, their desire to construct a McAdamized, gravel or plank road, giving the starting point, terminus, the distance in unites, the highway, as recorded as such, or the route in which they proposed to construct the said road; and it the County Commissioners shall deem the road of public utility they shall grant the applicants the right of the highway petitioned for as the property of the association.
SEC. 2. The persons making the application, after receiving from the county commissioners a permit according to this act, can organize themselves into a company elect such officers, make by-laws and rules for their action as is lawful and proper, under the name they choose in their articles of association.
SEC. 3. All real estate outside of the corporate limits of any town or city, incorporated as such three-fourths of a mile each side,of the proposed road shall be taxed to construct the said road in proportion to the appraisement of the realty that may be on the Auditor's books at the organization; each owner shall pay their proportion of the cost of the proposed turnpike according to the amount of their assessment of real estate within the prescribed limits.
SEC. 4. The county commissioners shall appoint a suitable person, after granting the petitioners power to organize as a road company, o estimate the grading, graveling or planking as the case may be, of the length of the proposed road. The person so appointed shall take an oath, to perform his duty according to the best of his ability and make out the cost of construction in two written statements, one for the company, the other for the county Auditor; from this estimate the Auditor shall make out each persons taxes.
SEC. 5. The amount of tax so assessed shall be for each person or owner, according to the value of their real estate, within the prescribed limits as shown by the assessment from the books of the county Auditor to audit the amount of each owners tax and place it in the hands of the county Treasurer to be collected as other taxes; all such taxes to be paid over by the county Treasurer, upon the warrant of the county Auditor, who shall issue said warrant upon the demand of the Treasurer of said Turnpike Company, the Treasurer of the Road Company, to receipt for the same.
SEC. 6. The taxes assessed according to the provisions of this act, shall be divided into three installments; one-third of the whole tax to be paid in one year, one third in two years, each owners proportional balance whatever it may be, within three years from the day of filing the estimate of the cost of the road, should any money be subscribed voluntarily or shares take by any person with the consent of the association, the benefits to accrue to all tax payers in proportion to the amount of their assessment, the estimate to be made by the county Auditor.
SEC. 7. Each person paying tax under the provision of this act, in constructing a McAdamized road, or taking shares, shall have on payment a certificate of stock to the amount of money paid, and have equal rights in proportion to the amount of stock in officering and managing the affairs of the company. In case of transfer of stock all rights follow the transfer.
SEC. 8. No road made under this act, shall be less than five miles in length, and shall be commenced within two years from the day of permission to organize, and shall be completed within six years.
SEC. 9. Not less than three nor more than seven directors shall be elected by the stockholders of every such corporation, who shall hold their office for one year, or until their successors are elected. Notice of first election shall be given by two weekly publications in a newspaper on or near the route of the road.
SEC. 10. The directors may determine the particular manner of construction so as to secure and maintain a smooth and permanent road, the track of which shall be made of plank, stone or gravel, or other hard material, or in such proportions of either as the directors may deem expedient so, that the same shall form a hard and even surface.
SEC. 11. No tolls shall be exacted unless four miles of the road is finished, and then the rate of tolls shall be for every sled, sleigh, carriage or vehicle drawn by one horse three cents per mile--and for every animal in addition thereto one cent per mile; for every horse and rider or led horse, two cents per mile; for every score of sheep or swine, seven cents per mile--and in same ratio for a greater or less number, for every score of neat cattle, mules or asses, fifteen cents per mile, and in same ratio for a greater or less number, for every vehicle drawn by oxen. the same rate as is allowed on carriages drawn by horses. Persons going to or from funerals, or soldiers of the United States, or of this Slate--while in actual service, or persons going to or from religious meetings upon the Sabbath day, shall be exempt from toll.
SEC. 12. Such companies may fill vacancies in their Board of Directors at any
page: 404[View Page 404]time, and may publish all By-laws deemed proper and consistent with the laws of the State, for the benefit of the company. Necessary rules, as well as toll rates, shall be placed in full view in legible large letters at every toll house on such road. Any person violating any ordinance or by-law made by such company, shall forfeit and pay to such company any sum not less than five nor more than fifty dollars, to be recovered before any justice of the peace in any county where the offender may be found.
SEC. 13. Where the real estate of miners or insane persons causes them to become interested parties, the guardian, or administrator, or executor shall act for them according to law.
SEC. 14. The company shall have a right to appropriate any earth, timber, gravel or stone belonging to any person, for the construction of the road, by procuring and paying for the same, in the manner prescribed by law.
SEC. 15. The by-laws of the association shall, on the organisation of the company, be recorded in the county record where the road is located.
SEC. 16. Corporations formed under the provisions of this act, shall have a right to sue, and be sued, and be subject to all the benefits and liabilities in actions at law, as other similar companies in this State.
SEC. 17. If such companies shall suffer the road to be out of repair, to the hindrance or delay of travelers for any unreasonable length of time they shall have no aright to collect tolls.
SEC. 18. All gravel or McAdamized roads constructed under this act shall be free within twenty years from the day of their organisation.
Senate Bill No. 55.
AN ACT fixing the times of holding the Court of Common Pleas in the fifth Judicial District, [the counties of Ohio, Ripley, Switzerland, Jefferson and Dearborn.] repealing all other laws on the same subject; and declaring when this act shall take effect.
This bill became a law without the approval of the Governor, he having retained it beyond the Constitutional limit, upon the representation of various members that it was unsatisfactory and would be recalled.
Engrossed Senate Bill No. 63.
AN ACT prohibiting Supreme, Circuit, or Common Pleas Judges, County Clerks, Auditors, Treasurers, Recorders. Sheriffs, and their deputies, from practicing law in any of the Courts of this State, except as in this act permitted ; and prescribing punishment tor the violation thereof.
SECTION 1.Be it enacted by the General of the State of Indiana, That it shall be unlawful for any Supreme, Circuit or Common Pleas Judge to practice law in any of the Courts of this State, or to give counsel or advice in relation to any business in said Courts, or in the Supreme Court, in any case appealed from this Court.
SEC. 2. It shall be unlawful for County Clerks, Auditors, Treasurers, Recorders, Sheriffs or their deputies, to practice law in any of the Courts of the county in which they hold such offices.
SEC. 3. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any Court having jurisdiction shall be fined in any sum not exceeding five hundred dollars.
SEC. 4. Inasmuch as there is now no law prohibiting the persons herein named from practicing law, it is declared that an emergency exists for the immediate taking effect of this act, therefore the same shall be in force from and after its passage.
Senate Bill No. 68.
AN ACT to change the name of the Terre Haute and Richmond Railroad Company [to the Terre Haute & Indianapolis Railroad Company,] and to give further time [seven years.] for the completion of the line ot said road from Terre Haute to a point on the western line of the State of Indiana.
Senate Bill No. 88.
AN ACT repealing the second section of an act approved March 3, 1863, entitled "An act providing for the colonization of free negroes, making appropriations therefor and establishing a colonization agency."
Abolishes the office of colonization agent, and takes effect from and after its passage.
Senate bill No. 92.
AN ACT authorizing street or horse car railway companies to use State, County,or Township roads, or other public highways for their railway track under certain conditions and regulations.
Takes effect from and after its passage.
Engrossed Senate bill No. 100.
AN ACT fixing the compensation of Township Assessors.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the rate of compensation of Township Assessors for services rendered after the first day of January, of the present year, shall be two (2) dollars and fifty (50) cents for each day of service.
SEC. 2. All former acts so far as they fix any compensation for said officers are hereby repealed.
page: 405[View Page 405]Senate bill No. 101.
AN ACT to amend the second section of an act entitled "An act to amend the fifth and sixth sections of an act entitled 'An act to provide for the election of a Reporter, and a speedy publication of the decisions of the Supreme Court, and for the compensation of such Reporter,' approved February 28, 1855, and also to amend the seventh section of an act entitled ; 'An act to provide for the election of a Reporter, and a speedy publication of the decisions of the Supreme Court, and for the compensation of such Reporter,' " approved February 5, 1852.
Provides that the Reporter shall be paid "at the rate of three-fourths of a cent for each page of printed matter in each bound volume and for each stitched copy," &c., and that "said Reporter shall receive for every volumne" "such price as may be agreed upon by the publisher not exceeding $4.50," &c.
Senate bill No. 110.
AN ACT to provide for the clothing and other personal expenses of the pupils of the Benevolent Institutions of the State. and providing for the manner of their removal to and from said Institutions in certain cases therein specified, and the manner of collecting the expenses therefor.
Enacts that in all cases where means for defraying necessary expenses are not otherwise supplied to the pupils of said Institutions the same shall be provided by the repective Superintendents thereof, and the Treasurer of State shall charge such account to the county from which the pupil named therein was sent; and the treasurer of the proper county shall cause it to be paid out of the county treasury to the Treasurer of State; and such county Treasurer shall in the name of the county, collect Such account by suit if necessary, from the parents or estate of such pupil.
Takes effect from and after its passage.
Senate Bill No. 119.
AN ACT accepting the provisions of an act of the Congress of the United States of America, entitled "An act donating lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts," and providing for the receipt. Installment and management of said donation.
Takes effect from and after its passage.
Senate bill No. 126.
AN ACT to amend section one of "An act relative to the salaries of public officers,and providing the manner of paying the same, and the manner of reimbursing the State for an increase of salaries,"approved March 5, 1859.
Increases the salaries of Judges of the Supreme Court from $2,000 to $3,000; of Judges of the Circuit Court from $1,500 to $2,000; of Judges of the Common Pleas Courts and of the Superintendent of Public Instruction to $1,500.
Takes effect from and after its publication in the State Sentinel and Journal--March 10, 1865.
Senate bill No. 133.
AN ACT fixing the time of holding the courts in the Third Judicial Circuit, [the counties of Gibson, Knox, Daviss, Martin, Pike and Dubois.]
Senate bill No. 135.
AN ACT to amend the seventy-first section of an act entitled ''An act granting to the citizens ot the town of Evansville, in the county of Vanderburgh, a city charter," approved January 27, 1847, and to add supplemental sections to said act.
Engrossed Senate bill No. 143.
AN ACT to amend the second, sixth and seventh sections of an act entitled "An act concerning the organization of voluntary associations, and repealing former laws in reference thereto," approved February 12, 1855.
Section one amends, the sixth clause of the second section of the above entitled act so that it shall read as follows:
Sixth. To erect and maintain suitable buildings for public meetings, concerts, fairs and theatrical, operatic or other exhibitions.
Section 2 amends section six of the act of Feb. 12, 1855, so that it shall read as follows:
SEC. 6. Every such corporation shall have power to acquire, by purchase, or otherwise hold, use, enjoy and convey, such real and personal property as may be necessary and proper, for the purpose of erecting, furnishing and keeping in repair, the buildings for the occupancy, use, or other specific purposes of such corporation ; and any parts of such buildings as may not be needed by such corporation for its specific purposes, such corporation shall have full power to rent or lease, or otherwise dispose of, and to receive and collect, and use and enjoy, the rents, issues, and profits arising therefrom.
Section 3 amends section seven of the act of Feb. 12,1855, so that it shall read as follows:
SEC. 7. Such corporation may at its discretion, divide its stock or corporate property into shares, not exceeding one hundred dollars each, and determine the manner in which the same may be holden and conveyed.
SEC. 4. It is hereby declared that an emergency exists, requireing the immediate taking effect of this act; therefore, this act shall take effect and be in force from and after its passage.
Senate bill No. 150.
AN ACT to amend sections seven, nine and twenty of "An act to provide against the consequences ensuing, or likely to ensue, from the destruction of books, pamphlets, papers, records, or other writings of any county in this
page: 406[View Page 406]State, or any Circuit, Probate, Commissioner's, or other inferior courts of record therein, or filed with, or in the legal custody of any officer of any county in this State, and to provide for the perpetuation of testimony relative to the same ; and requiring new official bonds to be given in cases where the boards of officers, executors, administrators and guardians have been destroyed," approved January 12, 1852.
Engrossed Senate bill No. 158.
AN ACT in relation to the sale-of real estate at private sale by Executors, Administrators and Guardians in certain cases.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That in all cases in which any tract or parcel of land, or any interest, or estate in any real estate. not exceeding in value the sum of one thousand dollars, shall be ordered to be sold at private sale, by any executor or administrator, under the order of any Court of competent jurisdiction, it shall be lawful for such Court, in its discretion, to authorize the same to be sold without notice of the time, place and conditions of such sale, as in other cases, if it shall appear to such Court the interests of the testator's or intestate's estate will be promoted by dispensing with such notice.
SEC. 2. That the provisions of the foregoing section shall apply to sales of real estate, or of any interest therein, when made by guardians at private sale, under the order of any competent Court as aforesaid.
Senate Bill No. 168.
AN ACT fixing the times of holding courts in the Twelfth Judicial Circuit. [The counties of White, Newton, Jasper, Benton and Tippecanoe ]
Engrossed Senate Bill No. 173.
AN ACT to enable the Boards of Trustees of incorporated towns to authorize the use of portions of streets for shade and ornamental purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the Board of Trustees of any incorporated town, shall have power, with the consent of persons owning more than one half of the lots along any street, counting by linear feet of street front, to authorize all persons owning or occupying such lots, to enclose portions of the street in front of their lots and to occupy the same lot shade and ornamental purposes but not for buildings or permanent structures, and not so as to reduce the street and side walks below the width of sixty feet.
Engrossed Senate Bill No. 177.
AN ACT for the relief of persons who have paid certain claims to the State, or to the proper officer under color of judicial proceedings, and to subrogate such persons to rights of the State.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana. That wherever any person has paid to any District or Prosecuting Attorney or to the Clerk of the Court or Sheriff under color of judicial proceedings in attachment or garnishment at the suit of the State the amount of any forfeited recognizance, the person or persons so paying, shall, from the date of such payment, be subrogated, as against the recognitors in such recognizance, to all the rights of the State under such recognizance, and shall have a cause of action against such recognitors for the amount so paid as if such recognizance and all the rights of the State, under the same, had been assigned by the State to the person or persons so paying at the date of such payment.
SEC. 2. Whenever any claim or rights to which any person is subrogated, under the first section of this act, shall be sought to be enforced by any action or legal proceedings, the proper District or Prosecuting Attorney shall be made a party to the action or proceedings, to answer as to the fact of such payment and to protect the interests of the State in such action or proceedings: Provided, that nothing in this act contained, shall, in any event, create any liability or authorize judgment against the State or under the State or such attorney, liable for any costs in such action or proceedings.
SEC. 3. An emergency is hereby declared to exist for the immediate taking effect of this act, wherefore it shall take effect, and be in force from and after its passage.
Senate bill No. 178.
AN ACT to authorize the formation of companies for the construction of waterworks in and for incorporated cities, to enable such cities to subscribe stock in such companies, and to issue and sell bonds for the payment thereof.
Takes effect from and after its passage.
Senate bill No. 180.
AN ACT authorizing the Auditor and Treasurer of State to sell certain swamp lands [about 4,000 acres], belonging to the State ot Indiana, deeded by the general government,to the State November 7, A. D. 1857, and known as the indemnity lands.
This land is to be sold "under the rules and regulations of the general swamp land act, approved, May 29th, 1852."
page: 407[View Page 407]Senate bill No. 181.
AN ACT to amend section one of an act entitled ''An Act to incorporate the Trustees of the Indiana Female College,'" approved February 13, 1851.
Senate bill No. 184.
AN ACT to amend section five of an act entitled "An Act regulating the fees of officers and repealing former acts in relation thereto," approved March 2,1855.
Increases the fees of County Sheriffs' for serving process, summoning juries, serving summons, boarding prisoners and attending court.
Takes effect from and after its passage.
Senate bill No. 190.
AN ACT providing for the completion of the unfinished business of any session of the General Assembly by the next succeeding special session of the same General Assembly.
SECTION 1.Be it enacted by the General Assembly of the State of Indiana, That, the business of any regular or special session of the General Assembly on the calendar or tiles of either House, and remaining unfinished at the expiration of such session shall at the next succeeding special session of the same General Assembly, be transferred to the calendar of the House in which it was pending, in the same order in which such business stood at the termination of such regular or special session, and such unfinished business may at such special session be taken up, transacted and disposed of in the same manner it might have been taken up, transacted and disposed of at such preceding regular or special session, subject however to such changes in the rules of procedure as either House may see proper to make.
SEC. 2. An emergency is declared to exist for the immediate taking effect of this Act, wherefore the same shall take effect and be in force from and after its passage.
Senate bill No. 193.
AN ACT to amend sections four and eight of an act entitled ''An Act for the incorporation of the town of Knightstown, Henry County, Indiana." approved February 2, 1837.
Senate bill No. 195.
AN ACT to legalize and declare valid and effectual all the orders, judgments and other proceedings made, rendered and had by and before the court of Common Pleas of Dearborn County in this State, held in the court house of said county in the month of February in the year 1865, and then, and thereby and before the several Judges of the said courts.
Senate Joint Resolution No. 5.
A Joint Resolution instructing our Senators and requesting our Representatives in Congress to procure the passage of a law placing certain persons therein named upon the pension rolls.
Senate Joint Resolution No. 10.
A Joint Resolution relative to the establishment of a Bonded Tobacco Warehouse at Evansville, Indiana.
Senate Joint Resolution No. 11.
A Joint Resolution requesting the Governor to appoint a suitable person to revise and correct the swamp land books of the State of Indiana, in the office of the Auditor of State.
Senate Joint Resolution No. 16.
A Joint Resolution accepting and ratifying certain amendments to the Constitution of the United States proposed by Congress to the Legislatures of the several States.
Similar to the Joint Resolution H. R. 13, printed on page 189.
House Bill No. 3.
AN ACT legalizing the proceedings of the Court of Common Fleas of Jackson county had at the October Term. 1864.
House Bill No. 7.
AN ACT to amend the first section of an act entitled "An Act to amend the second section of an act entitled 'An Act' concerning the organization of voluntary associations, and repealing former Laws in reference thereto,' approved February 12, 1855, so as to authorize the formation of ferry companies," approved February 16, 1857, so as to authorize the survey, construction, maintenance and repair of harbors, docks and piers upon Lake Michigan and other navigable waters, and to assess and collect tolls thereof.
Engrossed House Bill No. 8.
AN ACT to discourage the keeping of useless and sheep-killing dogs, and providing penalties for the violation of any of the provisions of said act by officers and others; and also repealing "An Act to license dogs," approved March 11, 1861, and providing that nothing in this act shall be so construed as to conflict with the provisions of an act entitled, "An Act for the protection of sheep," approved June 15, 1852.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana: That it shall be the duty of the Township
page: 408[View Page 408]Assessors in the several counties of this State, when making the assessment of personal property in their respective Townships, to ascertain under oath or affirmation, the number of dogs over the age of six months, and their kinds whether male or female, owned, kept or harbored by any person resident or sojourning therein, and make report of the same to the proper county Auditor at the time of returning; the assessment roll of property in each year.
SEC. 2. That it is hereby made the duty of the several County Auditors is this State, when making out the duplicates of taxes for their respective counties, to add to the same in seperate column or columns the number of dogs over the age of six months, and whether male or female, owned, kept or harbored by persons in their respective counties as returned by the assessors, and charge each and every owner on his said duplicate the sum of one dollar for a male, and the sum of two dollars for a female dog, owned kept or harbored by them, and for each dog more than one the sum of two dollars each, and said Auditor shall carry out the amount of the sum so charged into the column of total amounts assessed against the owner, and the same shall be collected by the county Treasurer in the same way and manner to all intents and purposes as State and county taxes are now collected.
SEC. 3. The several county Auditors after the annual settlement with the Treasurer in March of each year shall set apart the amount collected in each and every Township, and the county Treasurer shall pay over the same to the proper Township Trustee.
SEC. 4. The sums so collected and received in each Township, are hereby declared to be a fund for the payment of damages sustained by the owners of sheep, maimed or killed by dogs within such Township; and each Township Trustee is directed and required to hold the same for such purposes, provided however, that when it shall so happen on the first Monday in March in each year in any Township that the said fund shall accumulate to an amount exceeding fifty dollars over and above orders drawn against the same; That the surplus over said sum of fifty dollars shall be paid to the credit of the school Revenue of the Township; and shall be expended in the payment of tuition within said Township as other funds received for that purpose.
SEC. 5. Any person sustaining loss by the maiming or killing of sheep as aforesaid shall lay his or her claim to damages before the Trustee of the proper Township; and upon proper proof being made to the satisfaction of said Trustee he shall award such damages as he may deem just, and pay the same out of the moneys received by him applicable to that purpose; provided however that each person claiming damages under this act shall take an oath before such Trustee not to prosecute any claim for damages against the owner of the dog causing such damage, nor shall any person be entitled to the benefit of this act who shall have first elected to maintain an action against the owner, and shall have actually prosecuted such action.
SEC. 6. Any county Auditor or Treasurer, Township Trustee or Assessor or any other officer who shall neglect or refuse to perform any of the duties imposed on him by this act shall for every such offence be lined in any sum not less than ten dollars nor more than twenty-five dollars with cost of prosecution, upon complaint made before any Justice of the Peace of the proper Township, for the benefit of the common school Revenue.
SEC. 7. Prosecutions under this act shall be in the name of the State of Indiana.
SEC. 8. That An Act entitled "An Act to license dogs and providing for the payment of damages sustained in the maiming or killing of sheep by dogs, declaring unlicensed dogs nuisances and declaring under what circumstances they may be killed and prescribing a punishment for killing licensed dogs, and to provide penalties for the violation of any provisions of said act by officers and others'' approved March 11th, 1861. provided that nothing in this act shall be so construed as to conflict with the provisions of An Act entitled "An Act for the protection of sheep" "approved June 15th, 1852." be and the same are hereby repealed.
SEC. 9. That an emergency exists for the immediate taking effect of this act, therefore this act shall take effect and be in force from and after its passage,
House Bill No. 14.
AN ACT for the relief of the families of soldiers, seamen and narines, and sick and wounded Indiana soldiers in hospitals, in the State and United States service, and of those who have died or been disabled in such service, and prescribing the duties of certain officers therein named.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That for the relief and support of the sick and wounded soldiers in hospitals, and families of soldiers, seamen and marines, who now are, or hereafter may be, in the service of the State or United States, enlisted or drafted from this State, or have died or been disabled in the line of duty, there shall be levied and collected in each of the years eighteen hundred and sixty-five and eighteen hundred and sixty-six, on all taxable property aforesaid, three mills on each dollar valuation, and one dollar on
page: 409[View Page 409]each taxable poll, for the [purpose] of supporting soldiers' families, and sick and wounded Indiana soldiers in hospitals.
SEC. 2. It shall be the duty of the Auditor of State, on the passage of this act, immediately to procure and forward to the Auditors of the several counties in this State suitable blanks, for the purpose of taking the enumeration of the families of all the soldiers, seamen and marines, who are then in, or who may hereafter be in, the service of the State or United States, or who have died or been disabled in said service, and designating, as far as practicable, in said enumeration and returns, the class to which they belong; and that one hundred thousand dollars of said fund be, and the same is, hereby appropriated in each of the years 1865 and 1866 under the control and direction of the Governor, for the relief of sick and wounded Indiana soldiers in hospitals.
SEC. 3. It shall be the duty of the Assessors to make the first return within fifteen days from the filing of the blanks by the Auditor of State in the office of County Auditors; the Assessor to be allowed such compensation for the first enumeration and return as the County Commissioners may fix, out of the general county fund; that the County Auditors shall make out their returns within five days from the time the Township Assessors have completed their returns, and the Auditor of State shall report his distribution within ten days from the reception of the last returns from County Auditors to the County Auditor, who shall immediately convene the Board of Commissioners.
SEC. 4. It shall be the duty of the Assessors of the several townships in the counties in the State, when they are making the assessment of eighteen hundred and sixty-six to take an enumeration by name of all soldiers, seamen and marines, who are then in the service of the State or United States, or who have died or been disabled in such service, from their several counties, being resident therein when entering said service, and also of those whose families are resident therein, having become residents of said county by removal into the same, and also designating any who were residents therein when entering the service, but whose families have since removed from said county, naming the company and regiment to which they belong, and make an accurate return, under oath, to the Commissioners of their respective counties, designating those who have families, and those who have not; and where there are families, the number, sex and ages of children under twelve years of age. It shall be the duty of said County Commissioners to receive the same, inserting such names as may have been omitted, and return such received enumeration to the Auditors of their respective counties on or before the fourth Monday of May, eighteen hundred and sixty-six. This act shall not apply to the families of any soldier, seaman or marine who is dishonorably discharged, or a deserter from the service.
SEC. 5. That it shall be the duty of the Auditors of the several counties to furnish the Assessors of their respective counties such blanks as may be necessary for taking the aforesaid enumeration, together with a list of the enumeration of their respective counties returned in eighteen hundred and sixty-five, and in eighteen hundred and sixty-six, and said Auditors shall, within twenty days after said enumeration is returned to them, make out and forward to the Auditor of State a statement showing the number of soldiers, seamen and marines in said enumeration.
SEC. 6. It shall be the duty of the Auditor of State to open proper accounts with each county in the State, and apportion the funds so raised upon State levy, according to the enumeration and returns made to him by the several County Auditors, and pay over the same to the County Treasurer at their semi-annual settlement with the State.
SEC. 7. That the Commissioners of the several counties, respectively, shall take control of said funds, for the purpose named in this Act, when paid into the county treasuries, and shall apportion the same to the several townships in their respective counties, according to the families aforesaid, as returned by the Auditors of the several counties, as provided for in section 2, which shall, on the warrant of the County Auditor, be paid to the several Township Trustees thereof, and shall be drawn out in equal monthly proportions, upon the receipt of the Trustees of the several townships, and be distributed by them for the relief of the families of noncommissioned officers, musicians and privates in the service aforesaid, who have not otherwise sufficient means for their comfortable support, such fact to be determined by the disbursing officer, but any applicant dissatisfied with his decision may refer the same to the Board of County Commissioners, whose determination shall be final, as follows: To the wife or mother dependent on said soldier, the sum of eight dollars per month, and to each child under the age of twelve years, the sum of two dollars per month, and if said child be motherless, four dollars per month, and if the amount provided by this tax shall be insufficient to pay each that amount, then they shall receive the amount less on the ratio above, to be ascertained by the Auditor of State: Provided, That any insane or invalid child over twelve years of age, of any such soldier, seaman or marine, shall be paid the same amount as if such child were under the age of twelve years.
page: 410[View Page 410]but such payment shall not be made until so ordered by the Board of County Commissioners of the proper county, on an investigation, of each application in favor of such child over the age of twelve years.
SEC. 8. The Township Trustee, as the Disbursing officer, of said fund shall be required to give bond to the acceptance of the County Commissioners, in double the amount that may come into his hands and shall keep a fair and accurate account of the money expended for the relief of the families of any soldier, seaman, or marine in the service of the State or United States, as aforesaid, and not being a resident of such Township, when entering the service, and certify said account, with the vouchers for the same, to the Trustees of the Townships of which such soldier or marine was a resident at the time of his enlisting in said service, and such Trustees shall cause, from the funds for the relief of the families of volunteers in said Township, the Amount so paid, to be repaid to the township paying the same, and, upon the refusal, may be compelled, by a civil action, brought before any court of competent jurisdiction, and the Trustees of each and every township in this State are hereby empowered to sustain said actions against the Trustees of any other township in this State, for thus giving relief to the family of any soldier, seaman or marine removing from one township to another, as aforesaid.
SEC. 9. That said Trustees shall, on the first Tuesday of April and October of each year, and such other times as the Commissioners may require, render an account to the Commissioners of their respective counties, of all funds that have or may come into their hands under any law of this State, for the relief of soldiers' families, and the County Auditor shall make an abstract thereof, showing the number of families relieved, and the aggregate amount paid out for that purpose.
SEC. 10. That in case of the neglect, refusal, mal-conduct or disability of the Trustees of any township, in the discharge and performance of the duties, by this act enjoined upon them, the Commissioners of the proper county shall appoint a suitable person, in such township, to discharge and perform said duties, who shall have full power, and are hereby authorized to do all and singular the acts and duties which said Trustees could or might do, under the provisions of this Act, and said person or persons, so appointed by said Commissioners, shall give bond, as required of said Trustee, in section eight (8) of this Act, and in case of the like neglect, refusal, mal-conduct or disability of the Commissioners of any county, or a majority thereof, in the performance of their duties, under this Act, the Governor of the State, being satisfied of such neglect, refusal mal-conduct or disability, whereby the distribution and proper application of the funds provided by this Act is hindered, delayed, or improperly performed, shall appoint one or more suitable persons, citizens of said county, to serve during his pleasure, not exceeding two years, who shall give bond in double the amount of the money that shall come into his hands, to be approved by the Governor, and required, with due diligence, to do and perform all and singular the acts and powers and duties conferred and- -enjoined upon said County Commissioners by and under the provisions of this Act, and any monies in fee treasury of such county, provided by this Act, shall be paid and disbursed, upon their order in like manner as the same could have been done by the order of said County Commissioners, in the discharge of their duties, under this Act, or any formal Act, for the relief of the families of soldiers and marines.
SEC. 11. That in case any of the families included in the revised returns of thy enumeration made by the Trustees of the several townships, to the Auditors of their, counties, as provided for by section two of this act, shall remove from one township to another, shall produce from the Trustees of the township from which they shall have removed, a certificate showing that they have been enumerated and returned, and the amount of relief received from the Trustees of the township to which they shall remove, and such certificate shall, entitle them to relief, the same as if they had been enumerated in the township from which they may have removed.
SEC. 12. To anticipate the receipts which may come into the county treasuries, by virtue of the tax levied under the authority of this act, the said Commissioners are hereby authorized and required, to borrow from time to time, as may be deemed necessary, such sums of money as shall not exceed in aggregate of four-fifths of their proportion of the tax levied by this act, and may to that extent temporarily transfer money from any other fund except the school fund. The money so borrowed shall be repaid with interest, not exceeding six per cent per annum, out of the relief fund when paid into the treasury. The word family used in this act, shall be construed to mean only a wife, widow, mother, child, or children under twelve years of age.
SEC. 13. The compensation for the officers in discharge of the duties required by this act, shall be such as the Commissioners of the county may allow ; Provided, that said compensation shall be taken out of any general fund in the county treasury, except the school fund.
SEC. 14. The Secretary of State shall have one thousand copies of this act printed and shall send to the Auditors of each
page: 411[View Page 411]county in this State five copies of the same forthwith.
SEC. 15. The provisions of this act shall not apply to the family of any commissioned officer, except in cases where such officer is a prisoner in the hands of the enemy, in which case the family of such officer shall during the period of his captivity receive the same amount of the fund herein provided, as the families of other soldiers.
SEC. 16. The Board of Commissioners of any county may, in their discretion appoint, an agent in each township to disburse the money herein provided, who shall per form all the duties required of Township Trustees under the 'provisions of this act and shall give a bond in a sum equal to the amount likely to come into his hands during the year for which he is appointed, with'sureties to , the acceptance of such Commissioners.
SEC. 17. And whereas an emergency exists for the immediate taking effect ot this act, the same shall be in force from and after its passage and such publication.
House Bill No. 15.
AN ACT authorizing Supervisors of roads to remove fences standing near public highways on streams and water courses, and to turn public roads and highways on water courses lo the rear of buildings, where such buildings stand too near the stream to give room for said roads or highways, and assess damages for losses occasioned thereby,
Engrossed House Bill No. 19.
AN ACT to amend an act entitled "An Act in relation to witnesses, and repeal section 238 of Article XIII of an act entitled 'An Act to revise, simplify and abridge the rules, practice, pleadings and forms in civil cases in the courts of this State, to abolish distinct forms of actions at law, and to provide for the administration of justice in a uniform mode of pleading and practice without distinction between law and equity.' approved June 18, 1852, and to repeal all laws inconsistent therewith, and providing when the act shall take effect and be in force." which took effect and went into force March 17. 1861.
Section I amends section 8 of the above entitled act by adding at the end thereof the following:
"and in cases where a party of a suit, pending in any court in this State, whose deposition has been taken in such suit, and is on file in such court, dies, and such suit is prosecuted by or against the executor or administrator of such deceased party, the opposite party shall be allowed to testify on the trial of the cause, and such deposition may be read in evidence by and on behalf of the representative of such deceased party ; and provided further, that in all suits against heirs founded on a contract with, or demand against the ancestor, the object of which is to obtain title to, or possession of land or other property of such ancestor, or to reach or affect the same in any way neither party shall be allowed to testify as a witness as to any matter which occurred prior to the death of such ancestor unless required by the opposite party ; and the assignor of the plaintiff, in any such suit, where there has been an assignment of the cause of action, shall be deemed and held to be a party within this provision,''
Section 2 is an emergency clause.
House Bill No. 20.
AN ACT for the encouragement of agriculture and authorizing the Indiana State Board of Agriculture to purchase, hold and sell real estate, [not exceeding 80 acres] legalizing the purchase by said board of certain lands in Marion county exempting the property of said Board from taxation; authorising the County Treasurer of Marion County and the Treasurer of State to refund certain taxes. and making an annual appropriation, [$1.500] for the use of said Board.
House Bill No. 46.
AN ACT to fix the times of holding the Circuit Courts in the eleventh Judicial Circuit [composed of the counties of Carroll, Cass. Miami, Wabash, Huntington and Grant] and to regulate the return of process in said Circuit, and declaring an emergency.
Engrossed House Bill No. 89.
AN ACT to allow cities and towns to permit the location of railroads on the streets and alleys for the purpose of conveying coal into and through said cities and towns
SECTION 1. Be it enacted by the General Assembly of the State of Indiana; That the Trustees of any Town, or the Common Council of any City, may grant to any person or corporation or company, the right and privilege to locate and run a railroad track through said town or city, on the streets or alleys thereof for the purpose of conveying coal into or through said town or city, under such restrictions and regulations as the trustees or common councils may require.
Section 2 is an emergency Clause.
House Bill No. 122.
AN ACT to amend sections six and ten of an act entitled "An Act to provide for and regulate the inspection of tobacco throughout the State of Indiana," approved February 12, 1857.
page: 412[View Page 412]House Bill No. 140.
AN ACT ratifying the actions of the Governor in settling and discharging the State's quota of the direct tax levied by Congress in 1861, and authorizing him to settle all unsettled claims of the State against the United States.
House Bill No. 160.
AN ACT to raise revenue for State purposes, for the years one thousand eight hundred and sixty-five and one thousand eight hundred and sixty-six.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That a tax for State purposes of twenty-five cents on each one hundred dollars of the value of all property entered for taxation in the general list of taxables and seventy-five cents upon each poll subject by law to taxation, shall be and the same is hereby authorized and directed to be levied for the current year one thousand eight hundred and sixty-five, and which shall be assessed, levied and collected according to law.
SEC. 2. Be it further enacted, That a tax for State purposes of twenty-five cents on each one hundred dollars of the value of all property entered for taxation in the general lists of taxables, and seventy five cents upon each poll subject by law to taxation, shall be and is hereby authorized and directed to be levied for the year one thousand eight hundred and sixty-six, and which shall be assessed, levied and collected according to law.
SEC. 3. Whereas, in the opinion of this General Assembly, an emergency exists for the immediate taking effect of this act to the end that the several County Auditors may in due time be certified of their duty in respect hereof, therefore,
SEC. 4. Be it further enacted, That this act shall take effect and be in force from and after its passage, and filing in the office of the Secretary of State. And it is hereby made the duty of the Secretary of State to have this ac published, and to forward certified copies of the same to the Auditors of the several counties in this State, without delay.
House Bill No. 176.
AN ACT making general appropriations for eighteen hundred and sixty-five and eighteen hundred and sixty-six.
Engrossed House Bill No. 178.
AN ACT to provide for a general system of common schools, the officers thereof, and their respective powers and duties, and matters properly connected therewith, and prescribing the fees for certain officers therein named, and for the establishment and regulation of township libraries, and to repeal all laws inconsistent therewith, providing penalties therein prescribed.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana That there shall be annually assessed and collected as State and County revenues are assessed and collected, sixteen cents on each one hundred dollars of taxable property, real and personal, in the State, and fifty cents on each taxable poll, for the purpose of supporting a general system of common schools: Provided however, That the taxes aforesaid shall not be levied and collected from negroes nor mulattoes.
SEC. 2, The funds heretofore known and designated as the surplus revenue funds; all funds heretofore appropriated to common schools; the Saline fund; the Bank tax fund; the fund which has been derived or may be derived from the sale of County Seminaries, and the property belonging thereto; the moneys and property heretofore held for such seminaries; all fines assessed for breaches of the penal laws of the State; all forfeitures which may accrue; all lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance thereof; all lands which have been granted or may be granted hereafter to the State, when no special object is expressed in the grant; the proceeds of the sales of the Swamp Lands granted to the State of Indiana by the act of Congress of September, 1850: the taxes which may be assessed from time to time upon the property of corporations for common school purposes; the fund arising from the 114th section of the Charter of the State Bank of Indiana, shall be denominated the common school fund; and the fund derived from the sale of the Congressional Township School Lands, and the unsold Congressional township school land at the reasonable value thereof, shall be denominated the "Congressional Township School Fund" and shall never be diminished in amount, the income of which together with the taxes mentioned and specified in the first section of this act; the money and income derived from licences for the sale of intoxicating liquors, and unclaimed fees as provided by law, shall be denominated the school revenue for tuition; the whole of which is hereby appropriated and shall be applied, exclusively to furnishing tuition in the common schools of the State without any reduction for the expense of collection or disbursement.
SEC. 3. The several counties of this State shall be held liable for the preservation of so much of said fund as is entrusted or may have been entrusted to them, and for the payment of the annual interest thereon at the rate established by law; the payment of which interest shall be full and complete every year, and shall so appear
page: 413[View Page 413]In the Auditor's report to the Superintendent of Public Instruction, and the said Superintendent shall at any time when he discovers from the report or otherwise, that there is a deficit in the amount collected, for want of prompt collection or otherwise, direct the attention of the Board of County Commissioners and the county Auditor of the fact, and said board of Commissioners are hereby authorized and required to provide for such deficit in their respective counties.
SEC. 4. Each civil township and each incorporated town, or city, in the several counties of the State, is hereby declared a district Municipal corporation for school purposes, by the name and style of the civil township, town or city corporation respectively, and by such name may contract and be contracted with, sue, and be sued, In any court having competent jurisdiction, and the trustees of such townships and the trustees provided for in the next section of this act, shall, for their township, town or city, be school trustees, and perform the duties of Clerk and Treasurer for school purposes.
SEC. 5. The common council of each incorporated city and the Board of Trustees of each incorporated town of this State, shall at their first regular meeting in the month of April of the present year, and biennielly thereafter elect three School Trustees, who shall before entering upon the duties of their office take and subscribe an oath and give bond similar to the oath and bond required of township Trustees; and such Trustees shall be allowed such reasonable compensation per diem for their services, as to the authorities of such incorporated cities and towns may deem just, to be paid out of the special tax raised in such cities or towns.
SEC. 6. The County Auditor in fixing the penalty and approving and accepting the bonds of any such Trustees, shall see their sufficiency to secure the school revenues which may come into their hands, as well as the ordinary township or other revenues, and in case of a vacancy in the office of Trustee, the County Auditor shall appoint a person to fill the same, who shall take an oath and give bond as required in the last preceding section, and said Auditor shall report to the Superintendent of Public Instruction, the name Post office address of each Trustee.
SEC. 7. The School Trustees of every township, incorporated town, or city, shall receive the special school revenue belonging thereto, and the revenue for tuition which may be apportioned to the township, town, or city by the State for tuition in the common schools; and shall pay out the same for the purposes for which such revenues were collected and apportioned. Such Trustee shall keep accurate accounts of the receipt and expenditure of such26 revenues and shall render to the County Commissioners at their March session annually, and as much oftener as they may require, a report thereof in writing for the year then ending, which report shall clearly and seperately state:
- 1st. The amount of special school revenue, and of school revenue for tuition, on hand at the commencement of the year then ending.
- 2nd. The amount of each kind of revenue received within the year, giving the amount of tuition revenue received at each semi annual apportionment thereof.
- 3d. The amount of each kind of revenue paid out and expended within the year.
- 4th. The amount of each kind of revenue on hand at the date of said report, to be carried to the new account. And shall with said report present and file a detailed account current of the receipts and payments for the year, and support the same by proper vouchers; which report and amount current shall each be duly verified by affidavit, and when the said County Commissioners are satisfied that said report is full, accurate and right in all respects, and that said account is just and true, they shall allow and pass the same, which shall have the effect to credit the Trustee for the expenditures. A copy of said report, as passed and allowed by the County Commissioners, shall, within ten days after its date, be filed by the Trustee with the School Examiner of the county. And upon failure of the Trustee to discharge any of the duties required of him relative to school and school revenues, the Board of County Commissioners shall cause suit to be instituted against him or his official bond, and in case of recovery against him, the court rendering the judgment shall assess upon the amount thereof ten per cent, damages, to be included in said judgment.
SEC. 8. The Trustees shall keep a record of their proceedings relative to the schools, including all orders and allowances on account thereof, including also accounts of all receipts and expenditures of school revenue distinguishing between the special school revenue belonging to their township, town, or city and the school revenue for tuition which belongs to the State, and by it apportioned to their township, town or city; which said revenue for tuition they shall not permit to be expended for any other purpose, nor even for that purpose in advance of its apportionment to their respective corporations.
SEC. 9. The Township Trustees and the School Trustees of incorporated towns and cities shall, immediately after their annual settlement with the County Commissioners in March, make a full statement of all their receipts and expenditures for the year preceding relative to their send[?]
page: 414[View Page 414]SEC. 10. The Trustees shall take charge of the educational affairs of their respective townships, towns and cities, employ teachers, and shall establish and locate conveniently, a sufficient number of schools for the education of the white children therein, and build or otherwise provide suitable houses, furniture, apparatus, and other articles and educational appliances necessary for the thorough organization and efficient management of said schools. They may also establish graded schools, or such modifications of them as may be practicable, and provide for admission into the higher departments of the graded school, from the primary schools of their townships, such pupils as are sufficiently advanced for such admission. They shall have the care and management of all property, real or personal, belonging to their respective corporations for common school purposes, except the Congressional Township School lands, which lands shall be under the care and management of the trustee of the civil township to which such lands belong.
SEC. 11. All schools in a township shall be taught an equal length of time as nearly as the same can be done without regard to the diversity in the number of pupils at the several schools, or the cost of the school, and each of said schools shall be numbered by the proper Trustee as School Number.
SEC. 12. The Trustees of the several townships, towns and cities, shall have power to levy a special tax in their respective townships, towns or cities, for the construction, renting or repairing of school houses, providing furniture, school apparatus, and fuel therefor, and for the payment of other necessary expenses of the school, except tuition; but no tax shall exceed the sum of twenty-five cents on each one hundred dollars worth of taxable property, and fifty cents on each poll, in any one year; and the income from said tax shall be denominated the Special School Revenue. And any tax-payer who may choose to pay to the Treasurer of the township, town, or city wherein said tax-payer has property liable to taxation, any amount of money, or furnish building material for the construction of school houses, or furniture, or fuel, therefor, shall be entitled, to a receipt therefor from the Trustee of said township, town or city, which shall exempt such tax-payer from any further taxes for said purpose, until the taxes of said taxpayer, levied for such purposes, would, if not thus paid, amount to the sum or value of the materials so furnished, or amount so paid : Provided. That said building materials, or furniture and fuel, shall be received at the option of said Trustee.
SEC. 13. The County Auditor shall, upon the property and polls liable to taxation for State and County purposes, make the proper assessments of special school tax levied by the Trustee, in the same manner as for State and County revenue, and shall set down the amount of said tax on his tax list and duplicate thereof, as other taxes are set down in appropriate columns, and he shall extend said assessment to the taxable property of the person transferred, which is situate in the township, town or city, to which the transfer is made, and to the property and poll of the person transferred situate in the township, town or city in which the person taxed resides, according to the rate and levy thereof, in the township, town or city to which the transfer is made, and for its use; and said tax shall be collected by the County Treasurer as other taxes are collected and shall be paid, when collected, to the Treasurer for school purposes of the proper township, town or city, upon the warran of the County Auditor; and to enable County Auditors correctly to assess said tax, the school Examiners of the several counties shall at the same time they make out and report to the Auditor, the basis of the apportionment of school revenue for tuition, as required by section 42 of this act, make out and report to said Auditors a statement of transfers which have been made for school purposes according to sections 14 and 16 of this act.
SEC. 14. The trustees of the several townships, towns, and cities, shall between the first of July and the first of September in each year, make an enumeration of the white children within their respective townships, towns and cities, between the ages of six and twenty-one years, exclusive of married persons; and in making said enumeration the trustee shall list the names of parents, guardians, or heads of families, male or female, having charge of such children; and opposite each name, in appropriate columns, he shall enter the whole number of such children in charge of the person named, specifying particularly the number of males, the number of females, the number of the school to which such person is attached for school purposes, and the number and initials which designate the Congressional township in which such person resides, including in said list and enumeration, the names of such persons as have been transferred to his township, town or city, from other townships, towns, or cities, and the enumeration of their children, excluding therefrom the names and number of children of such persons as have been transferred from his township, town or city, to other townships, towns or cities, and each township trustee, upon making the first enumeration after the taking effect of this act, shall inquire of each person whose name he so lists, to which school he or she desires to be attached, and such persons upon making their selection, shall be considered as forming
page: 415[View Page 415]the school district of the school selected; and none shall be allowed thereafter to attach themselves to, or have the privilege of any other school but by the con pent of the trustee for good cause shown; and at subsequent enumerations the same inquiry shall be made by the trustee, of the parent, guardian, or head of family having charge of children between the ages aforesaid, whose residence has been changed, or whose children have become subject to be enumerated, for the first time since the last enumeration; and in case a change in the location of a school in the township has been made since the last enumeration, the trustee shall make the same Inquiry of the persons whose school privileges are attached by such change. But said Inquiries need not be made by the trustees nf incorporated towns and cities, when they take their enumerations. The persons listed in each of such towns and cities shall be considered as forming but single school districts therein, distinct from the townships in which they are situated.
SEC. 15. Any person who is a voter at township elections and has no children ia charge between the ages of six and twenty-one years, by making application to the Trustee of his township, while the enumeration is being made, and by indicating to said Trustee his selection of the school to which he desires to be attached, may have his name listed by said Trustee on the enumeration list, and be attached to the school selected, and thus become entitled to the privileges of said school, and be a voter at its school meetings; Such persons, together with parents, guardians and heads of families, mentioned in section 11, and the persons transferred from other townships and attached to said school, as provided in sections fourteen and sixteen of this act, shall be the only persons entitled to vote at the meetings of the school so selected, and all other persons shall be excluded from voting at such meetings.
SEC. 16. When persons can be better accommodated at the school of an adjoining township, or of any incorporated town or city, the Trustee of the town or city in which such persons reside, shall, if such persons so request at the time of making the enumeration transfer them, for educational purposes, to such township, town or city, and notify the Trustee thereof of such transfer, which notice shall furnish the enumeration of the children of the persons so transferred. And each Trustee shall, with his report of the enumeration, report distinctly the persons transferred to his township, town or city, for school purposes Indicating in said report the number or children in charge of the persons transferred, with the same particularity that is observed in the enumeration.
SEC. 17. Each person so transferred for educational purposes to a township, town or city, in an adjoining county, shall annually pay to the Treasurer of such township, town or city, (when a tax is levied therein for the purposes aforesaid) a sum equal to the tax levied, computing the same upon the property and poll liable to tax, of such person in the township, town or city where he resides, according to the valuation thereof, by the proper assessor, and in default of such payment, shall be debarred from educational privileges in the township, town or city in which he resides, of such exclusion, which payment shall release his property from special school tax in the township in which he resides.
SEC. 18. Each trustee shall, on or before the first day of September, annually report to, and file with, the school examiner of the proper county, a copy of his said list and enumeration, with his affidavit endorsed thereon, to the effect that the same is, to the best of his knowledge and belief, full and accurate, an I that the enumeration does not include persons who are less than six nor more than twenty-one years of age.
SEC. 19, When a Congressional township is located in two or more counties, the proper trustee for each portion thereof in the several counties, shall report at the same time and in like manner, as provided in the last proceeding section, to the school examiner of the county in which the Congressional township school fund of such township is held in trust and managed-SEC. 20. To enable the trustees to make reports which are required of them by this Act, the teacher of each school, whether in township, town or city, shall, at the expiration of the term of the school for which such teacher shall have been employed, furnish a complete report to the proper trustee, verified by affidavit, showing the length of the school term in days, the number of the teachers employed. male and female, and their daily compensation, the number of pupils admitted during the term, distinguishing between males and females, and between the ages of six and twenty-one years, the average attendance, books used, and branches taught, and the number of students engaged in the study of each branch: and until such report shall have been so filed, such trustees shall not pay more than 75 per cent, of the wages of such teacher for his or her services.
SEC. 21. The trustees of each township, town or city shall, at the time of making their reports to the school examiner, of the enumeration of the children, report and furnish statistical information obtained from teachers of the schools of their respective townships, towns or cities, and embody in a tabular farm the following, additional items: the number of districts; schools taught and their grade; teachers, male and female; average compensation of
page: 416[View Page 416]each grade; balance of tuition revenue on hand at the commencement of the current year; amount received during the year from the County Treasurer, and amount expended within the year for tuition: and balance on hand, length of school taught within the year in days; school houses erected during the year, the cost of the same; the number and kind before erected, and the estimated value thereof, and of all other school property; number of volumes in the library, and the number taken out during the year ending the first day of September; also, the number of volumes added thereto; Assessment on each one hundred dollars of taxable property, and each poll of special tax for school house erection, and amount of such levy; Balance of special school revenue on hand at the commencement of the current year, amount received during the year from the County Treasurer, the amount of said revenue expended during the year; and balance on hand, the number of acres of unsold Congressional school lands, the value thereof, and the income therefrom, together with such other information as may be called for by the School Examiner and Superintendent of Public Instruction.
SEC. 22. On failure of any Trustee to make either the statistical report required by the last proceeding section of this Act, or the report of the enumeration required by the sixteenth section of this Act; or the report of finances required by the seventh section of this Act to the School Examiner, at the time, and in the manner specified for each of said revolts, the School Examiner to whom such report is due shall within one week of the time the next semiannual apportionment is to be made by the Auditor of his county. notify said Auditor in writing of any such failure, and the Auditor shall diminish the apportionment to said township, town or city, by the sum of twenty-five dollars, and withhold from the delinquent Trustee the warrant for the money apportioned to his township, town or city, until such delinquent report is duly made and filed. For said twenty-five dollars, and any additional damages which the township, town or city may sustain by reason of stopping said money, said Trustee shall be liable on his bond, for which the County Commissioners may sue.
SEC. 23. If a trustee shall fail to discharge any of the duties of his notice relative to the schools, any person may maintain an action against him for every such offense, in the name of the State of Indiana, and may recover for the use of the Common School Fund any sum not exceeding ten dollars, which sum, when collected, shall be paid into the county treasury and added by the county Auditor to said fund, and reported accordingly.
SEC. 24. Any person elected or appointed such trustee who shall fail to qualify and serve as such, shall pay the sum of five dollars, to be recovered as specified in the preceding section, for the use therein named, and in like manner added to said fund, unless such person shall have previously served as such trustee.
SEC. 25. The voters as defined in sections 14, 15 and 16 of this act shall meet annually, on the first Saturday in October, and elect one of their number director of such school, who shall, before entering upon duty, take an oath, faithfully to discharge the same. The director so elected shall, within ten days after said election, notify the trustee of his election, and in case of failure to elect, the trustee shall forthwith appoint a director of said school; but any director so appointed may be removed upon a petition of three-fourths of the persons attached to said school, who are entitled to vote at school meetings.
SEC. 26. The voters at school meetings, as provided in sections 14, 1.3 and 16 of this act, may hold other school meetings at any time upon a call of the director, or any five of such voters. Five days notice shall be given of such meeting by posting notices in five public places in the vicinity; but no meeting shall be illegal for want of such notice in the absence of fraud; and the legality of such proceedings, if called in question, shall be determined by the Trustee of the township, subject to an appeal to the School Examiner, whose decision shall be final. Such school meetings shall have power to designate their teacher, to determine what branches, in addition to those mentioned in section 34 of this act, they desire shall be taught in such school, and the time at which said school shall be taught ; Provided, however, That the tuition revenue apportioned to the school shall be expended within the school year for which it was apportioned; And provided further, That such school year shall begin the first Monday in April. Such school meetings shall likewise have power to fill vacancies that may occur in the once of Director, to designate such repairs as they may deem necessary to their school house ; to petition the Township Trustee for the removal of their school house to a more convenient location; for the erection of a now one or the sale of an old one, and the lands belonging thereto, and upon any other subject connected therewith; Provided, That nothing herein contained shall prevent the Trustee from exercising a sound discretion as to the propriety or expediency of making such repairs, removing or erecting school houses, and the cost thereof.
SEC. 27. When such meetings shall petition the Trustee in regard to repairs, removal or erection of a school house, they shall also furnish to such Trustee an estimate of the probably costs of such repair, removal or erection.
page: 417[View Page 417]SEC. 28. Trustees shall employ no person to teach in any of the common schools of the State, unless such person shall have a license to teach. issued from the proper State or county authority, and in full force at the date of the employment; and any teacher who shall commence teaching any such school without a license, shall forfeit, all claim to compensation out of the school revenue for tuition for he time he or she teaches without such a license; and if a teachers license shall expire by its own limitation, within a term of employment, such expiration shall not have the effect to stop the school or stop the teacher's pay: and the said Trustee shall not employ any teacher whom a majority of those entitled to vote at school meeting have decided at any regular school meeting, they do not, wish employed; and at any time after the commencement of any school, if a majority of such voters petition such Trustee that they wish the teacher thereof dismissed, such Trustee shall dismiss such teacher, but only upon due notice and upon good cause shown; but such teacher shall be entitled to pay for services rendered.
SEC. 29. The Director of each school shall preside at all meetings of the inhabitants connected therewith, and record their proceedings; he shall also act as the organ of communication between the inhabitants and the Township Trustees.
SEC. 30. He shall take charge of the school-house and property belonging thereto, under the general order and concurrence of the Trustee and preserve the same; and shall make all temporary repairs of the school house, furniture and fixtures, and provide the necessary fuel for the school, and report the cost thereof to the Trustee for payment.
SEC. 31. He shall visit and inspect the school from time to time, and whenever necessary may exclude any refractory pupil therefrom, but the exclusion of any pupil from the school for disorderly conduct shall not extend beyond the current term, and may be, in the discretion of the director, for a shorter period.
SEC. 32. The decision of the Director in excluding a pupil shall be subject to appeal to the Township Trustee, whose decision shall be final.
SCHOOL EXAMINER
SEC. 33. The Boards of County Commissioners of the several counties, shall at their June session in eighteen hundred and sixty five, and triennially thereafter, appoint for their respective counties a School Examiner whose official term shall expire as soon as his successor is appointed and qualified, who, before entering upon the duties of his office, shall take and subscribe an oath according to law, which oath shall be filed with the County Auditor ; and all the proceedings relating thereto shall conform to the law relative to oaths of public officers ; and thereupon the several County Auditors shall report the name and post-office address of the person appointed in their respective counties, to the Superintendent of Public Instruction. Provided, however, That the said Board of Commissioners shall have power to dismiss any School Examiner for immorality, incompetency or general neglect of duty. But no Examiner shall be dismissed without giving him written notice under the hand and seal of the Auditor, ten days before the first day of term of the Court of Commissioners at which the cause is to be heard, and the said notice shall state the charges preferred against the said Examiner, the character of the instrument in which they are preferred whether petition, complaint, or other writing and the name of those preferring the same.
SEC. 34. Said School Examiner shall examine all applicants for license as teachers of the common schools of the State, by a series of written or printed questions, requiring answers in writing, if he wishes so to do, and in addition to the said questions and answers in writing, questions may be asked and answered orally ; and if from the ratio of correct answers and other evidences disclosed by the examination, the applicant is found to possess a knowledge which is sufficient in the estimation of the Examiner to enable said applicant successfully to teach in the common schools of the State, orthography, reading, writing, arithmetic, geography, English grammer, physiology, and the history of the United States, and to govern such a school, said Examiner shall license said applicant for the term of six months, twelve months, eighteen months or two years, according to the ratio of correct answers and other evidences of qualification given upon said examination, the standard of which shall be fixed by the Examiner; and applicants before being licensed shall produce to the Examiner, the proper Trustee's certificate, or other satisfactory evidence of good moral character; Provided, That after an applicant has received two licenses in succession for two years, in the same county, the Examiner thereof, after the expiration of the last license issued, may renew the same without a re-examination at his discretion.
SEC. 35. If the persons attached to, and forming a school district, have at their school meeting designated other branches of learning in addition to those in the last section above mentioned, which they desire to have taught in their school, the Trustee in employing a teacher for said school, shall require said teacher to be examined as to his or her qualification to teach such additional branches.
SEC. 36. The School Examiner shall have power to revoke licenses granted by him or his predecessors for incompetency, immorality, cruelty or general neglect of the business of the school, and the revocation of the license of any teacher shall terminate the school which such teacher may have been employed to teach.
SEC. 37. The School Examiner shall hold one public examination each month in the
page: 414[View Page 414]year, in his county, and in no case shall he grant a license upon a private examination, and all licenses granted by him shall be limited to the county in which they are granted. For each person examined he shall be entitled to a fee of one dollar, which fee shall constitute the only compensation he shall receive for services rendered in examining teachers.
SEC. 38. The Examiner shall provide a blank book at the expense of the county, in which he shall keep minutes of his proceedings, and shall deliver said record and all other books, papers and property appertaining to his office, to his successor, and take a receipt therefor. Said Examiner shall, in the last week of May, annually report to the Superintendent of Public Instruction, the names of the persons to whom he has granted license since the last report, for his county, distinguishing between those licensed for six, twelve, eighteen, and twenty-four months, giving the number of males, and the number of females, and total number licensed, and the number, but not the name, of applicants for license who have been rejected, and the number of licenses revoked.
SEC. 39. Said Examiners shall constitute a medium of communication between the Superintendent of Public Instruction and the subordinate school officers and the schools; they shall visit the schools of their respective counties as often as they may deem it necessary, during each school term, for the purpose of increasing their usefulness, and elevating, as far as practicable, the poorer schools to the standard of the best; advising and securing, as far as practicable, uniformity in their organization and management, and their conformity to the law and the regulations and instructions of the State Board of Education and Superintendent of Public Instruction; and shall encourage teachers' institutes and associations. They shall receive from the Trustees their reports of enumeration, and their regular school and other reports, which are required by law to be made to them, and otherwise gather up the necessary data and Information, including that relative to private schools, high schools, colleges, and other private institutions of learning within their re-respective counties, so as to present a view of the educational facilities of the State, and enable them to make full and complete reports to the Superintendent of Public Instruction, and receive for and distribute to the Township Librarians such books as may be furnished for them, and advise such a disposition and use of them as will tend to increase their usefulness; and advise the Trustees as to the most approved school furniture, apparatus and educational agencies, and, as far as practicable, they shall furnish Trustees and teachers with the regular forms, blanks, regulations, instructions and reports which issue from the Department of Public Instruction, and relate to their respective branches of the school service.
SEC. 40. When any Trustee shall neglect to file with the School Examiner an enumeration of the children of the township, town or city, as hereinbefore provided, the School Examiner shall, immediately after the first day of September in each year, employ a competent person to take the same, and allow a reasonable compensation for such services, payable from the special school revenue of the township, and shall proceed to recover the same, in the name of the State of Indiana, for the use of said revenue of said township, by action against the said Trustee in his individual capacity; and in such suit the School Examiner shall be a competent witness.
SEC. 41. The school Examiners shall, on or before the 15th day of September, annually, make out and forward to the Superintendent the enumeration of their respective counties with, the same particular discrimination required of Trustees. They shall also furnish the statistical information which Trustees are required to report to them, in such form as in may be prescribed by the Superintendent of Public Instruction.
SEC. 42. The School Examiners shall make out from the lists of enumeration, and the reports of transfers, the basis of the apportionment of school revenue to the several townships, towns and cities of their respective counties, and parts of congressional townships of adjoining counties, whose congressional township fund is managed in their counties, and report the same to the proper County Auditor by the first day of November annually, so as to enable the County Auditor to accurately apportion the school revenue for tuition, according to section 118 of this act.
SEC. 43. The said School Examiner shall receive three dollars per day for every day actually employed in the discharge of the duties required by this act, to be paid out of the ordinary county revenue, and before the Board of County Commissioners shall allow his claim for service, the Same shall be filed in a bill of account, and be verified by affidavit, to the effect that the said account is just and true; that the service therein named was honestly and faithfully rendered, and the account therein claimed is rightly due and remains unpaid. The County Auditor shall draw his warrant on the County Treasurer for the amount allowed by the Board, in favor of said Examiner, and the Treasurer shall pay the said warrant out of the revenue aforesaid : Provided, however, That the said Board of Commissioners shall have power to determine the number of days in each year in which the School Examiner may labor in the performance of the duties required of him: And, Provided further, That he shall receive no per diem for the days spent in examining Teachers.
OF THE LANDS BELONGING TO THE CONGRESSIONAL TOWNSHIP FUND.
SEC. 44. The custody and care of all lands belonging to the congressional township fund shall be with the Trustee of the civil township in which the same shall be situated, who shall report annually to the Auditor by the fourth Monday in March, the annual income derived therefrom to the township.
SEC. 45. They shall have power, when directed so to do by a vote, or by the written direction of a majority of the voters of the congressional township to which the same belongs, to lease such lands for any term not exceeding seven years, reserving rents payable
page: 419[View Page 419]in money, property or improvements upon the land, as may be directed by a majority of such voters.
SEC. 46. When the sixteenth section, or the section which may be granted in lieu thereof, shall be divided by a county or civil township line, or where the substituted section lies in any other county in the State, the voters of the congressional township to which the same belongs shall designate by vote, or by the written direction of a majority, the Trustee, of one of the civil townships, including a part of said section, to have the care and custody of said section, and to carry out the directions of the voters of the township in relation thereto; and the Trustee so designated shall have the same powers and perform the same duties as if the entire section was situated within the limits of the civil township, and perceive from the county Treasurer the revenue derived from funds accrued from said sale.
SEC. 47. The proper Trustees shall have all the rights and powers of a landlord, in their official name, in coercing fulfillments of contracts relating to such lands, and preventing waste or damage, or for the recovery of the same when committed.
SEC. 48. At any time when five voters of any congressional township shall, by petition to the Trustee having charge of the school land belonging to such township, set forth their desire for the sale of all or any part of the school land, the Trustee shall give notice in five public places in such township, of the time and place in such township when and where a balloting will be had to determine whether the land shall be sold as petitioned for or not, which notice shall be given at least twenty days before the time specified therein.
SEC. 49. A copy of such petition shall be entered on the book containing the record of the proceedings of such Trustee, and his action thereon shall also be recorded.
SEC, 50, If a voter favor the sale of such land, he shall write on his ballot the word ''Sale" If he oppose the sale, he shall write the words "No Sale."
SEC. 51. No sales shall be allowed unless a majority of all the votes cast at such election shall be in favor of sale, nor unless the number of votes constipating such a majority shall exceed fifteen.
SEC. 52. The Trustee shall attend at the the time and place specified, and shall make out a certificate showing the number of votes given for and against such sale, which shall be signed by him and filed in his office, and he shall enter the same upon his record book.
SEC. 53. Said Trustee, if satisfied that a majority of all, and more than fifteen, voters have voted for such sale, he shall enter the same upon his record book, and proceed
First. To divide the lands so voted to be sold into such lots as will secure the best price.
Second. To affix a minimum price to each lot, not less than one dollar and twenty-five merits per acre, below which it shall not be sold.
Third. To certify such division and appraisement to the proper County Auditor, together with a copy of all his proceedings in relation to the sale of said lands.
SEC. 54. Such certificate and return shall, by such Auditor, be laid before the Board of County Commissioners at their first meeting thereafter, and said Board, if satisfied that the requirements of the law have been substantially complied with, shall direct such lands to be sold, which sale shall be conducted as follows :
First, It shall be made by the Auditor and Treasurer,
Second, Four weeks' notice of the same, shall be given by posting notices thereof in three public places of the township where the land is situated, and at the Court House door, and by publication in a newspaper printed in said county, if any; otherwise in the newspaper of any county in the State nearest thereto. The sale shall be made by the Auditor at public auction at the door of the Court House of the county in which the land is situate, and the Treasurer shall take an account thereof; and each of the said officers for making such sale shall receive a fee of one dollar, to be paid by the purchaser.
SEC. 55. One-fourth of the purchase money shall be paid in hand and interest for the residue for one year in advance, and the residue in ten years from such sale, with like interest annually in advance; said deferred payments shall be regarded as a part of the Congressional township school fund, and reported as such by the Auditor to the Superintendent of Public Instruction,SEC. 56. On failure to pay such annual interest when it becomes due, the contract shall become forfeited, and the land shall immediately revert to the township and the Auditor and Treasurer shall proceed forthwith again to sell the same in like manner, and on the terms above specified; if on such second sate such land shall produce more than sufficient to pay the sum owing therefor, with interest and cost, and five per cent, damages, the residue shall, when collected, be paid over to the first purchaser or his legal representative.
SEC. 57. At any time before the sale, payment of the interest due, and all costs, together with two per cent, damages on the principal sum and interest due and owing for said land, shall prevent such sale and revive the original contract.
SEC. 58. In ease of such forfeiture, the original purchaser may be sued for waste or unnecessary injury done to such land.
SEC. 59. Such suit shall be prosecuted by the Auditor in the name of the State, for the use of the proper congressional township.
SEC. 60. When any land offered for sale at public auction shall remain unsold, the county Auditor may dispose of the same at private sale, for the best price that can be had therfor, not being less than the minimum price affixed thereto.
SEC. 61. After the expiration of the term of four years after any appraisement and offer of sale of any lands in this State, belonging to any township, for school purposes, and such lands remain unsold, it shall be lawful to reappraise, sell and dispose of said lands in the same manner that they would have been, had such lands not been previously offered for sale;
page: 420[View Page 420]Provided however, That such appraised value shall not be below the minimum price as now fixed by law.
SEC. 62. A certified statement of such sale shall be made and signed by the Auditor, and being first recorded by such Auditor in the records of the Board of County Commissioners shall be delivered to the purchaser when he makes his first payment, and shall entitle him to a deed when the terms of such purchase shall have been fully complied with.
SEC. 63. Every purchaser, until forfeiture, shall be entitled to all the rights of possession before existing in such Trustee, or township, and to all rights and remedies for rents becoming due, or breaches of covenant accruing after his purchase, under any lease existing at the time of his purchase, and for all waste committed thereafter.
SEC. 64. A purchaser at such sale failing to make the first payment, as above required, shall pay ten, per centum on the sum bid, to be recovered by action before any court having jurisdiction, to be prosecuted by the County Auditor in the name of the State, for the use of the proper township, and the Auditor and Treasurer shall be competent witnesses.
SEC. 65. No assignment of a certificate shall bo valid unless acknowledged before some officer authorized to take acknowledgement of deeds, or before the County Auditor, who shall in all such cases record the same; assignments of certificates heretofore made before any officer authorised to take acknowledgements of deeds, when recorded, shall be as valid as it acknowledged before the Couuty Auditor.
SEC. 66. When the residue of the purchase money becomes due, the purchaser may retain the same as a loan for a term not exceeding three years, on payment annually made in advance of the interest thereon, at the rate lien established by law for the loan of such funds: but he shall receive no deed until full payment is made.
SEC. 67. Purchasers may at any time before due, pay a part, or whole of such purchase money.
SEC. 68. When any such certificate shall be lost before a deed be made, on proof thereof by affidavit of the person interested, or other competent testimony, to be filed with the County Auditor, and after three months notice of intention to apply for a new certificate, given in some newspaper printed nearest to where the land lies, such Auditor may issue the same to the person entitled thereto.
SEC. 69. The purchase money and interest, and all costs and damages above provided for shall be paid to the Treasurer of the proper county, and his receipt therefor filed by the person paying, with the County Auditor, who shall issue his quietus therefor.
SEC. 70. When such payment is in completion of any contract of sale, the amount of such receipt, shall be endorsed by the County Auditor on the certificate of purchase.
SEC. 71. On full payment for such land, a deed shall be issued by the County Auditor and entered on the record book of the Board of County Commissioners.
SEC. 72. Such deed shall be executed and cost of the grantee by the County Auditor, as in other cases, and thus executed and delivered, shall vest in the grantee, his heirs ago assigns forever, a complete title to the land.
SEC. 73. The voters of any congressional township may, in the absence of a vote to sell land and in lieu thereof, petition the Trustee of the township for such sale, and such petition if signed by a majority of all the voters of the township, shall be filed with the County Auditor, and the same proceeding shall be had as provided in the proceeding section upon a vote of the inhabitants of the township for such sale, such petition and certificate shall be recorded in the record book of the Trustee of the township and of the County Auditor, of the investment of funds held for the benefit of common schools and congressional townships.
SEC. 74. The principal of all moneys, whether belonging to the common school hind or to the congressional township school fund, received into the county treasury, shall be loaned at seven per cent, per annum, payable annually in advance, and the interest paid out as prescribed in this act, and not otherwise; and any judgment upon any note or mortgage for any part of said fund, shall bear seven per cent interest from the date thereof till the same is paid.
SEC. 75. Such loans shall be made by the County Auditor, who shall inform himself of the value of the real estate offered in mortgage, and be satisfied of the validity of the title thereof, and all persons applying for a loan shall produce to said Auditor title papers, showing to his satisfaction a good and sufficient title in fee simple, without incumberance, not derived from sale for taxes.
SEC. 76. The Auditor shall require three disinterested free-holders of the neighborhood to appraise any land offered in mortgage.
SEC. 77. Such appraisers, being first officially sworn, shall examine and appraise such land, and sign and give to the applicant a certificate, setting forth the fair cash value of the land at the time, without taking into consideration perishable improvements. SEC. 78. In making such loans, preference shall be given to the inhabitants of the county, if security be adequate, and no land shall be received as security unless situated in the county where the loan is made.
SEC. 79. The amount loaned to any person or company shall not exceed $1,000.SEC. 80. The applicant for a loan shall file with the Auditor the certificate of the Clerk and Recorder that there is no incumbrance on said land in either of said offices.
SEC. 81. Such applicant shall make oath that there is no incumberance or better claim that he knows of, and that the abstract of the title presented by him is as he believes a true one.
SEC. 82. No loan shall be made for a longer term than five years.
SEC. 83. The sum loaned shall not exceed one half of the appraised value of the premises proposed to be mortgaged, clear of all perishible improvements.
SEC. 84. The Auditor shall have power to administer all oaths, and take acknowledgements required by this act.
page: 421[View Page 421]SEC. 85. Mortgages taken for said loans shall be considered of record from the date thereof, and shall have priority of all mortgages or conveyances not previously recorded, and all other liens not previously incurred in the county where the land lies.
SEC. 86. The Auditor shall cause such mortgages to be recorded immediately, retaining the cost of recording out of the money borrowed.
SEC. 87. On failure to pay any installment of interest when the same becomes due, the principal sum shall forthwith become due and payable, and the Auditor may proceed to collect the same by suit on the note, or by sale of the mortgaged premises; he may also by suit recover the possession of the mortgaged premises before sale thereof; and he shall, on the fourth Monday in March, annually, offer for sale all mortgaged lands on which payments of interest are due on the first day of January, and unpaid on the day of sale.
SEC. 88. The mortgage may be in substance as follows; and the Auditor shall specify therein whether the same belongs to the common school fund or to the congressional township fund, and if to the latter, the particular township or townships whose funds are thus loaned.
Form of Mortgage.
SEC. 89. I, A. B. of the county of in the State of Indiana, do mortgage to the State of Indiana for the use of(here describe the fund out of which the loan was made,) all (here describe the land,) for the payment of- - - - - - - - -dollars, with interest at the rate of seven per cent per annum; payable annually in advance, according to the conditions of the note hereto annexed.
SEC. 90. The note accompanying the same may be in substance as follows, to wit; I, A. B. promise to pay to the State of Indiana, for the use of (here recite the particular fund,(on or before______the sum of _______ dollars, with interest thereon, at the rate of seven per cent per annum in advance, commencing on the ________ day of ______ 18 and do agree that in case of failure to pay an installment of interest when the same shall become clue, the principal sum shall become due and payable together with all arrears of interest, and on failure to pay such principal or interest when due, two per cent damages shall be collected with costs, and the premises mortgaged maybe sold by the County Auditor for the payment of such principal sum, interest, damages and costs.
SEC. 91. On making loan of any fund the Auditor shall draw his warrant in favor of the borrower upon the County Treasurer, who shall charge it to the proper fund.
SEC. 92. All loans refunded, and all interest, shall be paid to the County Treasurer, and his receipt shall be filed with the County Auditor, who shall give the payer a quietus therefor and make proper entries.
SEC. 93. Whenever the amount due on any mortgage shall be paid, and the Treasurer's receipt therefor filed, the Auditor shall endorse on the note and mortgage that the same has been fully satisfied, and surrender the same to the person entitled thereto; and on the production of the same, thus endorsed, the Recorder shall enter satisfaction upon the record.
SEC. 94. In all cases where the mortgaged premises shall fail to sell for a sum sufficient to satisfy the principal and interest of the loan made, and the damages accrued by reason of such failure and costs, the County Auditor shall bring suit on the notes executed by the mortgager, and whenever judgment shall be rendered thereon, no appraisement of property shall be allowed on execution issued on such judgment.
SEC. 95. Before sale of mortgaged premises, the Auditor shall advertise the same in some newspaper printed in the county where the land lies, if any there be, otherwise in paper in the State nearest thereto, for three weeks successively, and also by notice set up at the Court House door, and in three public places in the township where the land lies.
SEC. 96. At such sale which shall be held at the Court House door, the Auditor shall sell so much of the mortgaged premises, to the highest bidder, for cash; as will pay the amount due for principal, interest, damages and costs, and when less than the whole tract mortgaged shall be sold, the quantity sold shall be taken in a square form, as nearly as possible off the north-westerly corner of said tract; and when less than the whole of any in-lot or out-lot of any town or city shall be sold, the part sold shall be laid out, and taken off so that it shall extend from the main or principal street, road or alley on which the said lot fronts, to the rear thereof to divide the same by a line or lines as nearly paralel with the boundaries of such lot as practicable; and it less than the whole is sold, the Auditor, in his notice of sale, shall indicate off of which side or end of said lot the part to be sold shall be taken : and if more than one tract of land is included in the mortgaged premises, the Auditor shall elect which tract or tracts shall be sold, saving to the mortgager if practicable, the tract on which his house is located: and if a tract of land so mortgaged and liable to be sold to satisfy the mortgage cannot be divided without materially diminishing the value thereof, or if an in-lot or out-lot, be indivisible by reason of extensive buildings or other improvements thereon, the Auditor may sell the where thereof, and after paying the amount due for principal, interest, damages and costs, out of the purchase money, shall pay the balance, if any to the mortgager; and if the Auditor shall sell any part of a tract of land, out-lot or in-lot, for more than the amount of principal, interest, damage and cost, the excess if any shall be paid to the mortgager,
SEC. 97. In case of no bid for the amount due the Auditor shall bid in the same, on account of the fund, and as soon thereafter as may be, shall sell the same, having first caused it to be appraised by three disinterested free holders of the neighborhood, on a credit of five years with interest at seven per cent per annum being payable annually in advance, but no such sale shall be for a less sum than the appraised value thereof.
SEC. 98. Lands heretofore bought in, on account of the fund, which have been appraised, shall be sold in like manner and
page: 422[View Page 422]if upon sale of any such land a sum is realized which is more than sufficient to pay the principal, interest, damages and costs, the surplus shall be paid to the original mortgager, his heirs or assigns, when collected.
SEC. 99. Upon full payment being made for such lands, the deeds thereof shall be executed by the County Auditor, and shall be entered in the record of the record of County Commissioners before delivery.
SEC. 100. At the public sale at the court house door, provided for in this act. the County Treasurer shall also attend and make a statement of such sales, which shall be signed by the Auditor and Treasurer, and after being recorded in the Auditor's office shall be filed in the Treasurer's office, and such record or a copy thereof, authenticated by the Auditors or Treasurers certificate shall be received as evidence of the matters therein contained.
SEC. 101. When any land is laid off by the Auditor at such sale, no deed need be made therefor to the State, but the statement of such sale and the record thereof shall vest the title in the State for the use of the proper fund.
SEC. 102. Forms and modes of book-keeping shall, from time to time be prescribed for County Auditors and Treasurers, by the State Superintendent of Public Instruction.
SEC. 103. The County Auditors and County Treasurers shall annually report in writing to the Board of County Commissioners of their respective counties at the June session of said Board, relative to the school fund held in trust by said counties, distinguishing in said reports between the Congressional township and common school funds, indicating the amount thereof the additions to them within the current year then ending, the sources from whence such additions are derived, the condition of them as to their safety, giving the amount thereof safely invested, unsafely invested, and uninvested and lost at the date of said report, giving also tine amount of interest collected upon said funds within the year then ending, and the amount then due and unpaid.
SEC. 104. The Board of County Commissioners shall annually, at their said June sessions in presence of the Auditor and Treasurer, examine said reports, the accounts and proceedings of said officers in relation to said funds and the revenue derived from them. They shall compare with said reports, the cash, the notes, mortgages, records and books of said offices, with a view to ascertain the amount of said funds and their safety, and do whatever may be necessary to secure their preservation, and the prompt payment of the annual interest thereon, as it the same becomes due, and make up to said funds losses which have accrued or may accrue.
SEC. 105. The County Commissioners at said session shall make out for their respective counties, a report in writing of the result of such examination, showing:
- 1st. The amount of said funds at the close of the last year.
- 2d. Amount added from sale of land within the year.
- 3d. The number of acres of unsold Congressional township school lands, and the approximate value thereof.
- 4th. The amount added from fines and forfeitures.
- 5th. The amount added by the Commissioners of the sinking fund.
- 6th. The amount added from all other sources.
- 7th. The total amount, of the funds.
- 8th. The amount refunded within the year.
- 9th. The amount reloaned within the year.
- 10th. The amount safely invested.
- 11th. The amount unsafely invested.
- 12th. The amount uninvested at date of report.
- 13th. Amount of fund lost since 1842.
- 14th. Amount of interest collected within the year.
- 15th. Amount of interest delinquent.
And in said report the commissioners shall distinguish between the Congressional township fund, and the common school fund, and in their account of the interest or revenues derived from said fund, they shall observe the same distinction.
SEC. 106. Such report shall be entered on the records of said Board, and copies thereof, signed by the members of the Board, the Auditor and Treasurer, shall be transmitted to the Auditor of State, and the State Superintendent of Public Instruction.
SEC. 107. County Auditors shall receive for their services in managing the school funds the two per cent damages accruing on all sales for non-payment of loans, two per cent on all loans on which the morgaged premises are advertised for sale, and not sold, and four per cent on all disbursements of interest; and the County Treasurer shall receive one per cent on all disbursements of interest, and one percent on the amount of school tax disbursed; and the sum of said per cent on disbursements thus ascertained, shall be paid in the same manner and out of the same revenue as other services of said officers are paid.
SEC. 108. The following fees only, shall be charged in cases of mortgage for loans:
| To each appraiser, | 50c. |
| For recording mortgage, | $1.00 |
| For drawing mortgage, | $1.00 |
| For making borrowers affidavit, | 10c. |
| For Clerk certificate, | 50c. |
page: 423[View Page 423]
Recorder's certificate and examining title, each $1, which shall be paid by the borrower.
OF THE DISTRIBUTION OF THE SCHOOL REVENUE.
SEC 109. There shall be two apportionments of the school revenue for tuition made in each year by the State Superintendent of Public Instruction: one on the fourth Monday in April, and the other on the fifteenth day of October, unless the paid day of the month should be Sunday, and if so, then on the day following.
SEC. 110. To enable the Superintendent to make said apportionments, and ascertain the amount of said revenue collected and ready for that purpose, the Auditors of the several counties of the State shall promptly, after making the settlements with the County Treasurers of their respective counties, in March, tor the amount collected on tax list; and in October for the amount of delinquent tax collected, make report to said Superintendent of the precise amount of school revenue for tuition collected in their respective counties, and ready for apportionment and distribution, which report shall be verified by the oath or affirmation of the Auditor endorsed thereon.
SEC. 111. The first of said reports in each year shall not be delayed later than the third Monday in April, and the second not later than the tenth day of October. Said reports shall show:
- 1st. The amount of school tax collected since the last report, whether upon the current years tax list, or delinquent tax.
- 2nd. The amount of interest collected since the last semi annual report, and the amount if any not previously reported upon loans of common school funds, or on any indebtedness which is due or payable to said funds, arising from the sale of seminary property or otherwise.
- 3rd. The amount derived from liquor licenses, and unclaimed fees not previously reported.
- 4th. The total amount of school revenue thus collected and ready for apportionment.
- 5th. The income derived from the Congressional township school fund, including the interest on loans of said fund, and on deferred payments for school lands which have been sold, and the rents and profits derived from the leasing or renting of any such lands or otherwise.
- 6th. The amount of said income from the Congressional township fund on hand for distribution in parts of townships in the adjacent counties, specifying the amount on hand for each of the several counties.
SEC. 112. When the congressional township lies partly in one county and partly in another, the Auditor of the county in which the fund of such township is managed shall notify the Auditor of the county in which any portion is situated, of the amount due to such portion.
SEC. 113. On failure of any County Auditor to make his said semi-annual report in time for said apportionments, his county shall be subject to a diminution of one hundred dollars in the next apportionment of said revenue by the superintendent. The sum thus withheld may be collected from said Auditor in a suit before the Jus- of the Peace, prosecuted in the name of the State, by any person living in said county who has children enumerated for school purposes for the current year, who is aggrieved by said diminution. Said suit shall be commenced within two years from the time when said report was due, and not afterwards; Provided, That said Auditor may discharge himself from liability to such suit by a certificate of the Postmaster that said report was mailed in due time, together with his own affidavit of that fact.
SEC. 114. The State Superintendent of Public Instruction shall, on the days fixed by section 109 of this act, for his apportionment of said revenue in each year, add to the sum total of said revenue in readiness in each county for apportionment, the sum of twenty-five thousand dollars of the States indebtedness to the schools ; which additions shall continue toby made at each apportionment until the whole of said indebtedness, together with six per cent interest thereon from the time said indebtedness accrued, is paid. The amount of which debt and interest shall be settled and adjusted by and between the Superintendent of Public Instruction and the Auditor of State ; and after said addition thy Superintendent shall apportion the whole of said sum to the several counties of the State, according to the last enumeration of children therein, with due reference to the diminutions provided for by sections 41 and 113 of this act, and without taking into consideration the revenue derived from the congressional township school fund in such apportionment.
SEC. 115. Said Superintendent shall make out and have printed a statement, showing :
First. The enumeration of children in each county.
Second. The amount of school revenue ready for apportionment in each county, and the source from which the same is derived, including said addition from the State indebtedness.
Third. The distributive share thereof apportioned to each county, a copy of said statement he shall file with the Auditor of State and Treasurer of State, and lift shall forward a copy thereof by mail to each of the County Auditors, School Examiners and County Treasurers, of the State.
SEC. 116. The Auditor of State shall, at the time of making the semi-annual settlements with the several County Treas-
page: 424[View Page 424][Treas]urers, give them each a warrant on the State Treasury for the distributive share of said revenue apportioned to their respective counties, the amount of which shall be retained by said Treasurers out of the money or revenue in their hands, and the balance ascertained to be due to the State, of ordinary State revenue, or other revenue, together with said warrant, shall be paid into the State Treasury and the settlement between the respective County Treasurers and the Auditor of State, and the drawing of the warrant for the amount apportioned to their respective counties, the ascertainment of the balance payable into the State Treasury, and the payment of said balance, and retention by County Treasurer of his distributive share of school revenue, according to said apportionment, shall be concurrent acts, and shall be done and performed in such a manner as to effect a complete semi-animal disbursement from the State Treasury to the several counties of the State, of all the school revenues then apportioned to them, and as soon as practicable after the apportionment is made.
SEC. 117. If at any time from any cause whatever an unappropriated balance of school revenue shall appear in the State Treasury, other than that which is nominly therein at passage of this act, the Superintendent of Public Instrction shall add said balance to the sum to be apportioned, and apportion it at the next succeeding apportionment after such balance so appears.
SEC. 118. The Auditor of each county shall, semi-annually, on the second Mondays of May and November, make apportionment of the school revenue to which his county is entitled, to the several townships and incorporated towns and cities of the county, which apportionment shall be paid to the School Treasurer of each township and incorporated town and city by the County Treasurer, and in making the said apportionment and distribution thereof the Auditor shall ascertain the amount of the congressional township school revenue belonging to each city, town and township and shall so apportion the other school revenue as to equalize the amount of available school revenue for tuition to each city, town and township, as near as may be according to the enumeration of children therein : Provided, however, That in no case shall the income of the congressional township fund belonging to any congressional township, or part of such township, be diminished by such apportionment or diverted or distributed to any other township, and report the amount apportioned to the Superintendent of Public Instruction verified by affidavit of the State Superintendent.
SEC 119. There shall be elected by the qualified voters of the State, at a general election, a State Superintendent of Public Instruction, who shall hold his office for two years.
SEC. 120. His official term shall commence on the fifteenth day of March succeeding his election. He shall take and subscribe the oath prescribed by law, which proceeding shall in all things conform to the law relative to the oaths of public officers.
SEC. 121. The Superintendent shall be charged with the administration of the system of Public Instruction, and a general superintendence of the business relating to the common schools of the State and of the school funds and school revenues set apart and appropriated for their support. A suitable office shall be furnished for him at the seat of government, at which the books, papers and effects relating to the business of said office, shall be kept and there he shall give reasonable at endance to the business and duties of the office. He shall render an opinion in writing to any school officer asking the same, touching the administration or construction of the school law. He is hereby authorized to employ two clerks for said office, at a rate of compensation not exceeding one thousand dollars for the first, and eight, hundred dollars for the second, to be paid as the clerks of the office of the Auditor of State are paid, and the said sums are hereby annually appropriated for that purpose.
SEC. 122. In the month of January, in each year in which there is no regular session of the General Assembly he shall make a brief report in writing to the Governor, indicating in general terms the enumeration of the children of the State for common school purposes, the additions to the permanent school fund within the year, the amount of school revenue collected within the year, and the amounts apportioned and distributed to the schools.
SEC. 123. At each regular session of the General Assembly on or before the fifteenth day of January, said Superintendent shall present a biennial report of his administration of the system of Public Instruction in which he shall furnish a brief exhibit :
- Of his labors, the results of his experience and observation as to the operation of said system and suggest the remedy for observed imperfections.
- Of the amount of the permanent school funds, and their general condition as to safety of manner of investment; the amount of revenue annually derived therefrom and from other sources; estimates for the following two years, and the estimated value of all other property set apart or appropriated for school purposes.
- Of such plans as he may have matured for the better organization of the schools, and for the increase, safe invest- page: 425[View Page 425] [invest]ment and better preservation and management of the permanent school funds, and for the increase and more economical expenditure of the revenue for tuition.
- He shall present a comparison of the results of the year then closing, with those of the year next preceding and if deemed expedient of years preceding that so as to indicate the progress made in the business of Public Instruction
- He shall furnish such other information relative to the system of Public Instruction; the schools, their permanent funds, annual revenues, &c., as he may think to be of interest to the General Assembly.
- He shall append to said report statistical tables, compiled from the materials transmitted to his office by the proper officers, with proper summaries, averages and totals appended thereto. He shall append a statement of the semi-annual collections of school revenue, and his apportionment thereof and when he deems it of sufficient interest so to do, he shall append extracts from the correspondence of school officers, tending to show either the salutary or defective operation of the system or of any of its parts; and shall cause ten thousand copies to be printed and distributed to the several counties of the State.
SEC. 124. He shall visit each county in the State at least once during the term of office. and examine the Auditor's books and records relative to the school funds and revenues, with a view to ascertain the amount and the safety and preservation of said funds and revenues, and for that purpose he shall have access to and full power to require for inspection the use of the books and pipers of the Auditors' offices; and whenever he may discover that any of the school funds are unsafely invested, and unproductive of school revenue, or that any of the school revenues have been diverted from their proper objects, he shall report the same to the General Assembly; meeting with such of the school officers as attend his appointments; counseling with the teachers, and lecturing upon topics calculated to subserve the interests of popular education.
SEC. 125. He shall receive for traveling, and other expenses, while traveling on the business of the department a sum not exceeding six hundred dollars per annum; and an appropriation of that amount is hereby made tor that purpose annually.
SEC. 126. He shall exercise such supervision over the school funds and revenues as may be necessary to ascertain their safety and secure the preservation and application to their proper object; and cause to be instituted in the name of the estate of Indiana, for the use of the proper fund or revenue, all suits necessary for the recovery of any portion of said funds or revenues; and it is hereby made the duty of the proper circuit Prosecuting Attorney to prosecute all such suits at the instance of the Superintendent, and without charge against said funds or revenue.
SEC. 127. He may require of the County Auditors. School Examiners. County Treasurers, Trustees, Clerks and Treasurers, copies of all reports required to be made by them, and all such other information in relation to the duties of their respective offices, so far as they relate to the condition of the school funds, revenues and property of the common school, and the condition and management of such school, as he may deem important.
SEC. 128. He may prepare and transmit to the proper officers suitable forms and regulations for making all reports, and the necessary blanks therefor, and all necessary instructions for the better organization and government of common schools, and conducting all necessary proceedings under this act.
SEC. 129. He shall cause as many copies of the acts of the General Assembly, in relation to the common schools or the school funds, with necessary forms, instructions and regulations, to be from time to time printed and distributed among the school townships, its he shall deem the public good requires.
SEC. 130. He shall supply each common school Library with the Legislative and Documentary Journals, and the acts of each session of the General Assembly. and his own annual reports; and at the expiration of his term of office, shall deliver to his successor possession of the office and all books, records, documents, papers and other articles pertaining or belonging to his office.
OF TOWNSHIP LIBRARIES.
SEC. 131. Thy re shall be assessed and collected, as the State and County revenues are assessed and collected on the list; of property taxable for State purposes, one tenth of a mill on each one dollar.
SEC. 132. The said taxes are hereby appropriated and shall be applied exclusively to the purchase of books for the township school libraries, under the direction of the State Board of Education, but no sectarian or strictly party work shall be admitted into said libraries.
SEC. 133. The amount of said taxes when collected shall be paid by the County Treasurers to the Treasurer of State at the time of making their annual settlement and shall be paid out by that officer upon the warrant of the Auditor of State.
SEC. 134. The Superintendent of Public Instruction shall superintend the purchase of books for township libraries under such regulations as the State Board of Education may adopt, and report to said Board his proceedings in relation thereto; and said Board shall order the issuing of the warrants by the Auditor of State for the
page: 426[View Page 426]payment of said purchase from said library revenue.
SEC. 135. The State Board of Education shall when such libraries have been received cause the same to be distributed to the several townships in the State under the direction of the State Superintendent, who shall apportion the same according to the school population of the townships, qualities in township libraries shall first be Provided however, That existing inecorrected, and that an equal allotment be made to each of the State Prisons as is distributed to townships.
SEC. 136. Such libraries shall be in charge of the Township Trustees, shall be deemed the property ot the township, and shall not be subject to sale or alienation from any cause whatever.
SEC. 137. Such Trustee shall be accountable for the preservation of said libraries, may prescribe the time of taking and the period of retaining books, assess and recover damages done to them by any persons, and adopt regulations necessary for their preservation and usefulness; he shall provide book cases and blank books ruled, in which to keep an account of books taken out and returned, and report the number each year to the Examiner and at the commencement of each school term at each school house in their respective townships, shall cause a notice to be posted up stating where the library is kept and inviting the free use of the books thereof by the persons of their respective townships.
SEC. 138. Every family in the township shall be entitled to the use of two volumes at a time from said library, whether any member of such family shall attend school or not.
SEC. 139. The Trustee may deposit the library at some central or eligible place in the township tor the convenience of scholars and families, and they may appoint for that purpose a librarian to have the care and superintendence thereof.
SEC. 140. The library shall be open to all persons entitled to its privileges throughout the year, without regard to school sessions; Sundays and holidays excepted.
MISCELLANEOUS PROVISIONS.
SEC. 141. The books papers and accounts of my Trustee relative to schools, shall at all times be subject to the inspection of the School Examiner, the County Auditor, and of the Board of County Commissioners of the proper county.
SEC. 142. For the purpose of such inspection said Examiner, Auditor and Board of County Commissioners may, by subpoena, summon before them any Trustee and require the production of such books, papers and accounts, three days notice of the time to appear and produce them being given.
SEC. 143. If any such books and accounts have been imperfectly kept said Board of Commissioners may correct them, and if fraud appear, shall remove the person guilty thereof.
SEC. 144. Process in suits against a school township, town or city shall be by summons executed by leaving a copy thereof with the Trustee of such township, town or city ten days before the return day thereof; and in case of an appeal similar notice of the time of hearing thereof shall be given.
SEC. 145. Suits brought on behalf of the school of any township, town or city shall be brought in the name of the Stat t of Indiana, for the use of such township, town or city.
SEC. 146. Any person who shall sue for, or on account of any decision, act, refusal or neglect of duty of the township Trustee, for which he might have had an appeal, according to the provisions of the preceding section, shall not recover costs,
SEC. 147. The common schools of the State shall be taught in the English language, and the Trustee shall provide to have taught in them Orthography, Reading, Writing, Geography, Arithmetic, English Grammar, and good behavior, and such other branches of learning, and other languages as the advancement of pupil may require, and the Trustee from time to time direct; and the tuition in said schools shall be without charge.
SEC. 148. The County Commissioners of each county are required to conform the boundary of their civil townships to those of Congressional townships so far as it impracticable to do so.
SEC. 149. The proper Trustee may, whenever a school house shall have been removed to a different location, or a new one erected for the school in a different place if the land whereon, the same is situated belongs unconditionally to the township, town or city, sell the same when in his opinion it is advantageous to the township, town or city, so to do, for the highest price that can be obtained therefor, and upon the payment of the purchase money [to the township, town or City Treasurer, he shall execute to the purchaser] a deed of conveyance, which shall be sufficient to vest in such purchaser all the title of such township, town or city thereto; the money derived from such sales shall be a part of the special school revenue.
SEC. 150. When any officer authorized to sell school lands shall have sold any lands without a title thereto, such officer, or his successor in office, may convey such other lands of equal value as may be agreed upon by such officer and the purchaser, his heirs or assigns, or failing to make such agreement, [the purchase money, with interest, shall be repaid to] the purchaser, his heirs, executors, administrators
page: 427[View Page 427]or assigns; but no such purchase money shall be thus repaid until the proper prosecuting or district attorney shall have investigated the fact of the case, and certified to the correctness of the claim.
SEC. 151. The County Auditors of the several counties of this State shall immediately upon the taking effect of this act, open an account upon their books, with each of the Congressional townships of their respective counties, whose funds are managed by them, and transfer to such account, from the common school fund account, the principle of the congressional township fund, as it existed before its consolidation with the common school fund, and shall thereafter keep a separate account of the principal and interest of the congressional township fund of each township.
SEC. 152. Where the whole of the school funds of a county have been loaned, the Auditor will apportion to each Congressional township, a sufficient number of mortgages to cover the principal of its Congressional township fund, and where a part of the school funds only are loaned the Auditor will so apply a proportional amount; and the cash on hand, when, loaned, shall be for the benefit of the Congressional townships respectively, to the amount of the entire principal of their Congressional fund, and in all loans made after the taking effect of this act the note and mortgage shall specify the particular fund borrowed.
STATE BOARD OF EDUCATION.
SEC. 153. The Governor of the State, the State Superintendent of Public Instruction, the President of the State University, the President of the State Normal School, when the same shall be established, the Superintendents of Common Schools of the three largest cities in the State, shall constitute a Board, to be denominated the Indiana State Board of Education. The size of the cities shall for this purpose, be determined by the enumeration of children for school purposes, annually reported by School Examiners to the Superintendent of Public Instruction. The Superintendent of Public Instruction shall ex-officio be President of the Board, and in his absence the members present shall elect a President, pro tempore. The Board shall elect one of its members Secretary and Treasurer, who shall have the custody of its records, papers and effects, and shall keep minutes of its proceedings: Provided, That such records, papers, effects and minutes shall be kept at the office of the Superintendent, and shall be open for his inspection. The said Board shall meet upon the call of the President, or a majority of its members, at such place in the State as may be designated in the call, and shall devise, adopt, and procure a seal, on the face of which shall be the words "Indiana State Board of Education," and such other device or motto as the Board may direct, an impression and written description of which shall be recorded on the minutes of the Board, and filed in the office of the Secretary of State;, which seal shall be used for the authentication of the acts of the Board and the important acts of the Superintendent of Public Instruction.
SEC. 154. Said Board at its meetings shall perform such duties as are prescribed by law, and may make and adopt such rules,by laws and regulations, as may be accessory for its own government, and for the complete carrying into effect the provisions of the next section of this act and not in conflict with the laws of the State, and shall take cognizance of such questions as may arise in the practical administration of the school system as are not otherwise provided for, and duly consider, discuss and determine the same.
SEC. 155. Said Board may grant State Certificates of Qualification to such teachers as may, upon a thorough and critical examination, be found to possess eminent scholarship and professional ability, and shall furnish satisfactory evidence of good moral character. They shall hold stated meetings, at which they shall examine all applicants, and those found to possess the qualifications herein above named, shall receive such certificate, signed by the President of the Board, and impressed with the seal thereof; and the said certificate shall entitle the holder to teach in any of the schools of the State without further examination, and shall also be valid during the life-time of said holder, unless revoked by said Board. Each applicant for examination shall, on making application, pay to the Treasurer of the Board five dollars as a fee.
SEC. 156. The members of said Board, other than the Governor and Superintendent of Public Instruction, shall be entitled to-receive the same amount of compensation per day while in session, and mileage, as members of the General Assembly; which amount shall be certified by the Board to the Auditor of State, who shall draw his warrant therefor, payable out of the General Fund, which sum shall be reimbursed to the General Fund by Treasurer of the Board paying into it that amount out of the money received by him as fees, for certificates; and if there is any residue of money received as such fees, it shall be expended by the Superintendent of Public instruction in the purchase of suitable books for an office library.
SEC. 157. The title to all lands acquired for school purposes, shall be conveyed to the township, incorporated town or city for which it is acquired, in the corporate name of such township, town or city, which is used for school purposes, for the use of common
page: 428[View Page 428]schools therein. In all cases in which the title to any such land is vested in any other person, or corporation than as above provided, it shall be the duty of Trustee for school purposes of the township, town or city, to procure the title to be vested as above in this section provided.
SEC. 158. When a school house is unoccupied by a common school of the State, and he people who form the school at such house, desire that a private school be taught therein and a majority of them make application to the Trustee, having charge of such house, for the use of it for such private school, it shall be the duty of the Trustee to permit said school house to be used for such private school, by such teacher as may be mentioned in the application, and not for a longer time than until raid house may be wanted for a public school: and such permission and use shall be upon the condition, that the teacher employed in said school, shall report, in writing, to the Trustee: First, The number of teachers employed, distinguishing between male and female : Second. The number of pupils admitted into the school within the term, and the average daily attendance : Third, The cost of tuition per pupil per month in said school.
TEACHERS' INSTITUTES.
SEC. 159. In order to the encouragement of "Teachers' Institutes," the several County Auditors of the several counties of this State shall, whenever the County School Examiner of their county shall file with said Auditor his official statement showing that there has been held for five days a Teachers' Institute in said county, with an average attendance of twenty five teachers or of persons preparing to become such, draw his warrant in favor of said School Examiner, on the County Treasurer, for thirty five dollars, and in case there should be an average attendance of forty teachers, or persons preparing to become such, then the said County Auditor shall draw his warrant on the Treasurer for fitly dollars, for the purpose of defraying the expenses of said Institute: Provided, however. That but one of said payments shall be made in the same year.
SEC. 160. When any such Institute is in session, the common schools of the county in which said Institute shall be held shall be closed during the session of said Institute.
SEC. 161. The several county School Examiners are hereby required as a part of their duty to hold, or cause to be held, such Teachers' Institutes at least once in each year in their respective counties.
SEC. 162. If any parent, guardian, or other person, from any cause, fancied or real; visit a school with the avowed intention of upbraiding or insulting the teacher in the presence of the school, and shall so upbraid or insult a teacher, such person, for such conduct, shall be liable to a fine of not more than twenty-five dollars, which when collected, shall go into the general tuition revenue.
SEC. 163. A school term of three months shall be sixty days, a school month twenty days and a school week five days.
SEC. 164. Appeals shall be allowed from the decisions of the Trustees relative to school matters, to the School Examiners, who shall receive and promptly determine the same according to the rules which govern appeals from justices of the peace to the Common Pleas or Circuit Courts, so far as such rules are applicable, and their decisions of all local questions relating to the legality of school meetings, establishment of schools, and the location, building, repair or removal of school houses, or transfer of persons for school purposes and designation and dismissal of teachers shall be final.
SEC. 165. Appeals shall be allowed from the decisions of the School Examiner to the Superintendent of Public Instruction, on all matters not otherwise provided for in the next preceding section, and the rules that govern appeals from justices of the peace to the Common Pleas or Circuit Courts, as to the time of taking an appeal, giving bond, &c., shall be applicable in appeals from the School Examiner to the Superintendent of Public Instruction.
SEC. 166. School officers are hereby authorized and empowered to administer all oaths relative to school business appertaining to their respective offices.
SEC. 167. The Bible shall not be excluded from the public schools of the State.
SEC. 168. All laws heretofore enacted on the subject of common schools, and all other laws and parts of laws in conflict with this act are hereby repealed.
SEC. 169. It is hereby declared that an emergency exists for the immediate taking effect of this act; therefore it shall take effect from and after its passage; and it shall be the duty of the Secretary of State to cause a sufficient number of copies of this act to be printed and circulated in the different counties of the State.
House Bill No. 202.
AN ACT to fix the times for holding the Common Pleas Courts in the county of Grant, and repealing all laws inconsistent therewith.
House Joint Resolution No. 7.
A Joint Resolution instructing our Senators and requesting our Representatives in Congress to endeavor to obtain an appropriation for the improvement of the harbor at Michigan City.
House Joint Resolution No. 12.
A Joint Resolution on behalf of the Grand Rapids and Indiana Railroad Company, asking that an extension of time be granted by the Congress of the United States to said Company, to enable them to complete the construction of their road.
