ART.

1.

CHAPTER 65.

FENCES.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

GENERALLY. 6564.

SEC.

ARTICLE 1.-GENERALLY.

6564. Partition fences.

6564.

Partition fences.

The act of 1897, sections 6564-6569, Burns' R. S. 1901, regulating the construction of partition fences, is constitutional. Tomlinson v. Bainaka, 163 Ind. 112.

Construction of the statute of 1897, defining partition fences, regulating the construction thereof and providing for the enforcement of liens for the building of such fences. Tomlinson v. Bainaka, 163 Ind. 112.

CHAPTER 70.

FISH LADDERS.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

SEC.

6628a. Penalty for violating act. 6628b. Duties of commissioner.

SEC.

6628c. Repairs, failure, penalty.

[Acts 1903, p. 193. In force April 23, 1903.]

6628a. Penalty for violating act.-1. That if any owner of any such dam shall violate or attempt to violate the provisions of the first section of the act to which this act is supplemental, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten ($10) nor more than twenty-five ($25) dollars.

The act referred to in this section constitutes sections 6624-6628, Burns' R. S. 1901. 6628b. Duties of commissioner.-2. It shall be the duty of the commissioner of fisheries and game or his deputy to prosecute all violations of the provisions of this act, and he is hereby given the authority for such prosecution as he has in the fish and game laws of the state.

6628c. Repairs, failure, penalty.-3. When any such fish ladder shall get out of repair, it shall be the duty of such owner or owners to put the same in repair within thirty days after being notified by the commissioner of fisheries and game or his deputy. Whosoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten ($10) nor more than twenty-five ($25) dollars.

CHAPTER 70A.

FORESTRY.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

SEC.

6628k. Board of forestry, terms, salaries. 6628p. Secretary, salaries, expenses. 6628q. Purchase of land.

SEC.

6628r. Location of land, price.

6628s. Management, rules, expenses. 6628t. Secretary receives money, bond.

[Acts 1903, p. 111. In force February 28, 1903.]

6628k. Board of forestry, terms, salaries.-1. That a board is hereby created and established which shall be known under the name of the state board of forestry. It shall consist of five members, who shall be appointed by the governor, as follows: One from the membership of the hardwood lumber dealers' association of Indiana, one from the membership of the retail lumber dealers' association of Indiana, one from the faculty of Purdue University, one who is actively engaged in farming and one who shall have special knowledge of the theory and art of forest preservation and timber culture and technical knowledge of the topography of the state, and the last described member, shall, upon his appointment and qualification become and be the secretary of said board, ex-officio state forester and superintendent of state forest reserves. All of said members shall hold their offices for a term of four years, and each of said members, except the secretary, who is hereinafter provided for, shall receive a salary of one hundred dollars per annum and mileage not to exceed three cents a mile for necessary miles traveled in attending necessary meetings of said board. Said salary and mileage shall be paid out of the treasury of the state upon warrants of the auditor of state, and the members shall certify the amount due them, separately, upon vouchers duly attested before some officer authorized to administer oaths. A majority of said board shall constitute a quorum, and said board shall annually elect from its number a president: Provided, That members of the board heretofore appointed shall serve during the term for which they were appointed.

This section amends section 6628k, Burns' R. S. 1901. See Acts 1905, p. 65, for act repealing forestry act of 1899.

6628p. Secretary, salaries, expenses.-6. The secretary shall receive an annual salary of eighteen hundred dollars. For expenses of office

and traveling, an amount not exceeding $1,000; clerk six hundred dollars ($600). Said secretary shall give his exclusive time and attention to said office and shall not hold any other office, appointment or position other than herein provided for. The president of the board shall quarterly certify the amount due the secretary upon vouchers duly attested by the secretary before some officer authorized to administer oaths, and the amount so certified shall be paid to the secretary out of the treasury of the state upon warrant of the auditor of state. That expenses of publication shall be paid from expense fund of the state printing board.

This section amends section 6628p, Burns' R. S. 1901.

[Acts 1903, p. 132. In force March 3, 1903.]

6628q. Purchase of land.-1. That there be and is hereby set aside a sum of money out of any money not otherwise appropriated, sufficient to purchase two thousand acres of land by the state board of forestry for the purposes of a state forest reservation, laboratory of forestry demonstration and state nurseries, and that the sum of one dollar and fifty cents per acre annually thereafter be allowed to defray the expenses of management and labor of the same.

Section 3 of the act of 1905, Acts 1905, p. 64, repeals the act of 1899, sections 6628a6628j, Burns' R. S. 1901, providing for the encouragement of forestry.

6628г. Location of land, price.-2. The board of forestry shall purchase said land in any county or counties of the state, which, in its judgment, affords the best opportunities for the purposes prescribed: Provided, That the land so purchased shall not exceed a cost of eight dollars per acre, and the land so purchased shall be taken in title in the name of the State of Indiana.

6628s. Management, rules, expenses.-3. The board of forestry shall manage and shall establish such rules and regulations governing the management and work as are necessary to execute the plans it may project, and the expense of the same shall be paid quarterly from the fund designated for that purpose out of the state treasury, upon warrant by the auditor of state when vouchers are presented to said auditor duly certified to by the president and secretary of the board before some officer authorized to administer oaths.

6628t. Secretary receives money, bond.-4. The secretary of the board shall receive all money to which the state may be entitled by reason of the sale of any timber, leases, contracts for the mining and removal of minerals or from any source whatever from such land, and he shall immediately pay the same over to the state treasurer as a part of the revenues of the state, and the secretary shall give his bond, to the governor of the state, in the sum of five thousand dollars for the faithful discharge of his duty.

CHAPTER 71.

FRAUDS AND PERJURIES.

Section numbers to notes refer to Revised Statutes of 1901.

6629. When contracts must be in writing.

A written contract, required by the statute of frauds to be in writing, can only be changed or modified by a written instrument. Bradley v. Harter, 156 Ind. 499.

If a written contract for the sale of land requires payment therefor to be made in money, an oral agreement to accept lands in payment can not be enforced. Bradley v. Harter, 156 Ind. 499; McCoy v. McCoy, 32 App. 38.

A contract for the sale or transfer of a certificate of sale of land, executed by a sheriff, must be in writing under the statute of frauds. Cox v. Roberts, 25 App. 252. Contracts for the sale of all the oil and gas in land must be in writing. Heller v. Dailey, 28 App. 555.

If a contract concerning land is required to be in writing, the surrender of any right or release of liability under such a contract must also be in writing. Heller v. Dailey, 28 App. 555.

An action will lie to compel the execution of a lease for more than three years under an oral agreement to execute the lease, when the lessee has taken possession of the leased premises, and has expended money on the faith of such agreement. St. Joseph Co. v. Globe Tissue Co., 156 Ind. 665.

Contracts for the sale of land must contain such a description of the land that the same can be identified. Maris v. Masters, 31 App. 235.

If a contract for the sale of land is signed by the land owner, and is delivered to and accepted by the other party, such contract is binding although not signed by the purchaser. Burke v. Mead, 159 Ind. 252.

The statute of frauds does not apply to an oral agreement to devise land in consideration of the devisee executing notes payable to third persons, when the devise is made and the devisee takes possession of the land after the death of the testator. Ballard v. Camplin, 161 Ind. 16.