times to carry out, perform and discharge its duties in giving state fairs and other purposes; and for the security and repayment of such loans, with interest, to mortgage its said real property, consisting of about two hundred and fourteen (214) acres, situate near to the city of Indianapolis, Marion county, Indiana, and commonly known as the state fair grounds, together with the improvements now and hereafter placed thereon. And the said board is authorized and empowered to apply the moneys borrowed to the payment of a certain note executed to Columbia national bank in part payment of the purchase price of said two hundred and fourteen (214) acres of land, and also of an existing mortgage on a part of said fair grounds and premises made to Mrs. Theresa H. Smith; and to take up said indebtedness by whomsoever held and to cancel all the notes, mortgages and obligations so outstanding; and to use the remainder of any sum so borrowed, and other sums hereafter borrowed from time to time, in erecting new buildings on said fair grounds and in making and maintaining improvements and repairs. But the aggregate indebtedness occasioned by such loans shall not exceed the sum of eighty thousand dollars ($80,000.00) at any one time. And the rate of interest shall not exceed six (6) per centum per annum. 2796b. Indebtedness-Evidence of.-2. Any and all notes, bonds or mortgages given, issued or executed by said Indiana state board of agriculture shall be authorized by a majority of said board in session and signed by its president and secretary and attested by its corporate seal. 2796c. Mortgage of property-Bonds.-3. The said board shall have power from time to time to mortgage all or so much and such parts of said described Indiana state fair grounds as its board of directors may determine in manner and form as described in section 1. To secure such loans and if deemed best by such board, then the Indiana state board of agriculture is hereby given power and authority under this act to issue bonds as well as notes in making any loan or loans in such denominations and amounts as the said board may from time to time determine, with interest coupons attached in the usual manner; such notes and bonds to be made payable at such times and on such terms and conditions as may to the board seem best; and to secure such bonds as well as notes by a mortgage or mortgages upon all or any part of said lands. Any and all notes and bonds so authorized bearing such rates of interest as may be determined not exceeding six (6) per cent. per annum and secured as aforesaid, the board may sell from time to time at such prices as the majority of the members of said board may authorize and direct at not less than par. 2796d. Bonds, no priority.-4. In case bonds are issued in series or otherwise from time to time and secured as aforesaid, no bond shall have any priority by reason of the time or order of sale over any other bonds of the series secured by any such mortgage; but each bond secured by any mortgage shall be secured equally and ratably by such security. Section 5 of this act repeals the act of 1881, as set forth in sections 2796 to 2798, Burns' R. S. 1901. SEC. ARTICLE 2.-COUNTY SOCIETIES. 2802a. Appropriation by county. 2802b. Two or more fairs, division. 2806b. Mortgage and bonds. SEC. 2806c. Interest-Tax exemption. 2806d. Surplus, retirement of bonds. [Acts 1905, p. 175. In force April 15, 1905.] 2802a. Appropriation by county.-1. That the county councils and boards of county commissioners of all counties in the state of Indiana are hereby authorized and empowered to appropriate and pay to any agricultural fair or association, in which the people of such county are interested, a sum not exceeding one cent on the one hundred dollars valuation of the taxable property of such county to be paid out of the general county fund, to be used and expended only for premiums on agricultural and horticultural products and live stock: Provided, The same shall not apply to any person, association or corporation conducting such fair or exhibition for gain; nor to street fairs or exhibitions, but only to regularly organized fair associations, but such fair or exhibition must be given only for the promotion of the interests of agriculture, horticulture and stock raising: Provided further, No part of such money shall be used or given for contests of speed. See sections 2801-2811, Burns R. S. 1901. 2802b. Two or more fairs-Division.---2. In all counties where two or more such fairs or exhibitions are conducted as provided in section one of this act, the board of commissioners of such county may appropriate to each of such fairs or associations out of such moneys such sums as it may deem proper and equitable, provided the aggregate sum so given shall not exceed a sum equal to one cent on the one hundred dollars valuation of the taxable property of such county. [Acts 1905, p. 173. In force March 4, 1905.] 2806b. Mortgage and bonds.-1. That all agricultural or horticultural societies or county fairs having a state charter, owning not less than fifty (50) acres of real estate in fee simple, may issue first mortgage bonds in a maximum amount of seventy-five (75) per cent. of the value of the real estate unimproved for the purpose of paying off present incumbrance or making permanent improvements on the association grounds. 2806c. Interest-Tax exemption.-2. The bonds so issued shall not bear to exceed four per cent. interest, payable annually, and shall not be listed or assessed, but shall be free from taxation in this state and shall not be issued for a longer period than the life of the charter of the association. However, the bonds may be sold at a less price than the par value, provided such action is endorsed by a full meeting of the board of directors. 2806d. Surplus-Retirement of bonds.-3. At any time there is a surplus in the association treasury, all such funds not needed for improvements on the grounds shall be used in retiring the bonds; said bonds to be retired in the order of their seniority, and a clause embodying this privilege to be inserted in all bonds. CHAPTER 11. ANIMALS. Section numbers to notes refer to Revised Statutes of 1901. An indictment for harboring an untaxed dog which follows the language of the statute is sufficient. State v. Thompson, 25 App. 581. 2858. Claims for damages. The statute providing for the payment of damages to owners of sheep killed or injured by dogs, applies to persons engaged in buying and selling sheep, as well as to raisers of sheep. Wayne Tp. v. Jeffery, 29 App. 574. 2859. Register of claims-Surplus funds. Claims for damages on account of injuries by dogs to animals must be reported to the trustee of the township in which the injury occurred, without regard to the township in which the claimant resides. Wayne Tp. v. Jeffery, 29 App. 574. [Acts 1903, p. 324. In force March 9, 1903.] 2889a. Disposal of dead hogs.-1. That it shall be the duty of every owner or occupant of land outside of incorporated cities and towns to bury or cremate the carcass of every hog found upon such land immediately after such owner or occupant shall have knowledge of the death of such hog. It shall be the duty of every owner or occupant of any premises in any incorporated city or town, on which premises is found the carcass of any hog, to bury, cremate or deliver or cause to be delivered to some rendering or desiccating establishment, immediately after such owner or occupant shall have knowledge of the death of such hog. It shall also be the duty of every owner or occupant of any land or premises within the state on which the carcass of any animal other than a hog is found, to bury, cremate or deliver or cause to be delivered to some rendering or desiccating establishment, immediately after such owner or occupant shall have knowledge of the death of such animal. It shall further be the duty of every supervisor of roads to bury or cremate the carcass of every hog found in any highway within his district, immediately after such supervisor shall have knowledge of the death of such hog. It shall further be the duty of such supervisor to bury, cremate or deliver or cause to be delivered to some rendering or desiccating establishment the carcass of every animal, other than a hog, found in any highway within his district, immediately after such supervisor shall have knowledge of the death of such animal. See sections 2865-2889, Burns' R. S., 1901. 2889b. Penalty.-2. Any person or officer who shall violate any of the provisions of this act by failing to so bury, cremate or deliver or cause to be delivered to such rendering or desiccating establishment the carcass of any animal, as required by the provisions of this act, within twenty-four hours after knowledge of the death of such animal shall come to such officer or person, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five dollars nor more than twenty-five dollars. 2889c. Road supervisor's duty, costs.-3. It shall be the duty of every supervisor of roads to enforce the provisions of this law, and if he shall have knowledge that any owner or occupant of any land shall have failed to comply with any of the provisions of this act, it shall be his duty to bury, cremate or deliver or cause to be delivered to some rendering or desiccating establishment the carcass of such animal as provided for in this act, and to collect the cost thereof and two dollars per day additional for his services from such owner or occupant. SEC. CHAPTER 13. ASSIGNMENTS. Section numbers to notes refer to Revised Statutes of 1901. Sections omitted have not been construed since 1901. 2899. Failing debtors making assignments. 2899. Failing debtors making assignments. If a mortgage executed by a debtor in favor of creditors before he makes an assignment is not accepted until after the assignment becomes effective, such mortgage will not relate back prior to the assignment so as to make the mortgagees preference creditors. Reagan v. First National Bank, 157 Ind. 623. |