their order. When the proposed work lies in two or more counties the amount of bonds issued by each such county shall be determined as follows: The board of commissioners shall meet in joint session in the county where the principal office of said association is situated and first determine the whole amount of bonds required to complete the proposed work, which amount shall be divided and apportioned to each county according to the amount to be paid on account of said work for the lands and roads in each such county.

This section amends section 7224, Burns' R. S. 1901.

7225. Assessments-Defense to tax.-24. That to reimburse the county for the money so advanced to construct such work the county auditor shall place on the tax duplicate each year thereafter the annual amount due from each tract of land assessed as benefited, less whatever may have been assessed as damages to such tract on account of such work till such damage is paid, and the same shall be a lien on such land, and shall be collected as other state, county or township taxes are collected: Provided, That enough additional shall be levied to cover the annual interest each year: And, provided further, That no person assessed shall raise any question as to the validity of the tax so levied after it shall have been placed on the tax duplicate, which he might have raised under section twenty-one (21) of this act, but any person so assessed may show error of description of land, or amount demanded, if such error exist.

This section amends section 7225, Burns' R. S. 1901.

7230. Repairs-Costs-Assessment.-29. Whenever it shall be necessary to repair such work, so as to restore it to the condition of original construction, or for betterments not exceeding five per cent. of the original cost of construction, or in case that the cost of the original construction of such work, where done by the directors without a contract, though done as cheaply as possible, has by any washout been in excess of the estimate therefor not to exceed five per cent. thereof, the directors shall order their clerk to certify the cost of the same to the county auditor. On receipt of such certificate, the auditor shall draw his warrant on the county treasurer for the same, which shall be paid out of the county funds to the treasurer of said association: Provided, That such betterment shall not include any extension of the work to take in new land, but only such improvements as experience may show to be necessary to render the first work more safe and efficient. The auditor shall place the cost of such work as shown by the certificate on tax duplicates each year against the lands concerned in ratio of the original assessment, and cost, which is to be collected the same as the taxes for the state, county and township are collected, and said taxes, when collected, shall go to reimburse the county out of which the same was paid.

This section amends section 7230, Burns' R. S. 1901.

[Acts 1905, p. 186. In force March 4, 1905.]

That

7230a. Maintenance-Repair-Protection - Condemnation.-1. any person or persons, officer or officers, corporation or association authorized by law to maintain, protect, or repair any levee now or hereafter constructed under any law of the state of Indiana shall have the right to purchase for the use of any such levee whatever ground may be necessary to protect, maintain or repair such levee; and whenever, in the opinion of any such person or persons, officer or officers, corporation or association, it shall be considered necessary to purchase real estate for such use or purpose and they are unable to agree with the owner thereof they may proceed to acquire such real estate by condemnation in the same manner and with the same effect as provided by law for the condemnation of real estate for railroad purposes.

7230b. Unlawful use.-2. It shall be unlawful for any person to ride or drive upon or over any levee now or hereafter constructed under any law of the state of Indiana, except for the purpose of passing over the same at public or private crossings, or upon such parts as may be or becomes a part of a public highway; or for the purpose of inspection or repair.

7230c. Penalty.-3. Any person violating any of the provisions of sections 2 or 3 of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five dollars nor more than one hundred dollars.

CHAPTER 85.

LICENSES.

Section numbers to notes refer to Revised Statutes of 1901.

The act of 1901, sections 7231a-7231i, Burns' R. S. 1901, requiring transient merchants to obtain a license and regulating the business thereof, is constitutional. Levy v. State, 161 Ind. 251.

7213d. Transient merchant, violation, penalty.

In charging a transient merchant with doing business without a license, it is not necessary to charge the doing of the acts mentioned in section three of the act regulating such merchants. State v. Carpenter, 158 Ind. 368.

[Acts 1905, p. 431. In force April 15, 1905.]

7237m. Junk dealers-License.-1. That it shall hereafter be unlawful for any person, firm or corporation to buy junk without having first obtained a junk dealer's license as hereinafter provided.

7237n. Purchase from minor-Written consent.-2. It shall hereafter be unlawful for any person, firm or corporation to purchase junk, directly or indirectly, or to trade, barter or exchange for junk, from or with any person who is under the age of twenty-one years, without having first obtained the written consent of the parent or guardian of said minor to such sale: Provided, That where such minor has neither parent nor guardian the written statement of a responsible resident of the county to the effect that he has personal knowledge that the material to be sold is the property of said minor and that it is not stolen property, shall be sufficient compliance herewith.

72370. License-Clerk circuit court-Fee.-3. Any person, firm or corporation desiring to buy, trade for or otherwise collect or purchase junk in any county in this state shall apply to the clerk of the circuit court of said county for a junk dealer's license, stating in such applica

tion the name of the applicant, or, if a firm, the names of the members thereof, and the proposed place of business, and pay to said clerk the sum of one dollar, which said sum shall be accounted for as other fees, and said clerk shall thereupon issue to said applicant a license to buy junk, at the place named for one year, and said clerk shall keep a record of such licenses.

7237p. Register of minors, inspection.-4. It shall be the duty of every such person, firm or corporation to register, in a book kept for that exclusive purpose, the name, age and residence of every person under the age of twenty-one years from whom such material is purchased or acquired, together with the name of the parent or guardian, or, in event there is no parent or guardian, that of the responsible person certifying as provided in section 3 of this act, which book, together with the consent or certificates aforesaid, shall be subject to inspection by any citizen of the state, who shall also have the right to copy any part or parts thereof.

7237q. Penalty.-5. Any person, persons or corporations violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined any sum not more than five hundred dollars nor less than one dollar, to which, upon a second or other subsequent conviction, imprisonment in the county jail for any determinate period not exceeding ninety days may be added.

CHAPTER 86.

LIENS.

Section numbers to notes refer to Revised Statutes of 1901.

The lien of an attorney properly taken upon a judgment can not be divested without his consent, and an assignee of the judgment does not become liable for the lien when nothing is collected on the judgment. Peterson v. Struby, 25 App. 19.

7248. Labor liens against corporations.

The lien of a laborer for wages on corporation property is superior to an unpreferred judgment lien which was not of record sixty days before the laborer aequired his lien. Forrest v. Corey, 29 App. 159.

7249. Acquiring lien, priority.

Notice by an employe of an intention to hold a lien on corporation property need not describe the property. Forrest v. Corey, 29 App. 159.

7250. Enforcing lien, practice.

In an action to enforce the lien of an employe against corporation property the plaintiff may recover an attorney fee, as the practice for enforcing mechanic's liens is applicable to such actions. Forrest v. Corey, 29 App. 159.

7254. Animals, feeding, lien.

If a liveryman has a lien on animals for care and feed, his lien is lost when he parts with the possession of the animals, and he can not transfer such lien and possession to another person. Glascock v. Lemp, 26 App. 175.

7254b. Baggage, lien, removal, penalty.

Section 2 of the act of 1897, making it a crime to do certain acts for the purpose of defrauding hotel and boarding house keepers is constitutional. State v. Engle, 156 Ind. 339.