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ground, and the record of such affidavit shall be prima facie evidence in any court of a compliance with the provisions of this act.
7514c. Fresh water kept out.-3. It shall be the duty of any person, firm or corporation sinking a well into any gas or oil-bearing rock, or having sunk such well and maintaining the same, to case off and keep cased off all fresh water from such well.
7514d. Penalties, recovery.-4. Any person, firm or corporation that shall, in any manner, fail or refuse to plug a well in the time and manner provided in section one of this act, or shall fail or neglect to procure and file in the proper recorder's office the affidavits provided for and required in section two of this act, or shall fail and neglect to properly case off fresh water from such well and keep the same cased off while said well is maintained, as provided in section three of this act, shall be liable to a penalty of two hundred dollars for each any [and] every violation thereof and to the further sum of two hundred dollars for each ten days during which such violation shall continue, and all such penalties shall be recoverable in a civil action brought in any court of competent jurisdiction in any county in which such violation occurred, brought in the name of the State of Indiana on the relation of such county for the use and benefit of such county, and in all such cases if there be a recovery by the state it shall recover in addition to such penalties a reasonable attorney's fee.
7514e. Sections repealed.-5. Sections two and three of an act entitled "An act concerning the sinking, safety, maintenance, use and operation of natural gas and oil wells, prescribing penalties, and declaring an emergency, approved March 4, 1893," are hereby repealed. The sections repealed by this section are sections 7511 and 7512, Burns' R. S. 1901.
7514f. Power of gas supervisor.-6. To better enforce the provisions of this act the natural gas supervisor of the State of Indiana is hereby empowered to enter upon any land at any time for the purpose of examining and testing any such well or wells.
NOTES AND BILLS.
Section numbers to notes refer to Revised Statutes of 1901.
Sections omitted have not been construed since 1901.
7515. Written promises negotiable by in
7518. Liability of indorser, defense. 7520. Negotiable as inland bills. 7531. Holidays, commercial paper.
7531a. Saturday, half-holiday, cities of
7532. Attorney fees.
7515. Written promises negotiable by indorsement.
A written contract for the sale of goods may be transferred by indorsement thereon. Magic Co. v. Stone-Ordean Co., 158 Ind. 538.
Building and loan association notes and mortgages are transferable by indorsement, but the legislature may impose conditions on such transfers. Bowlby v. Kline, 28 App. 659.
7518. Liability of indorser, defense.
In order that the indorser of a note not payable in bank will be liable for its payment, the holder of the note must use due diligence to collect the note from the maker. Spears v. Thompson, 30 App. 267.
If the maker of a note not payable in bank becomes a non-resident of the state, the holder of the note need not sue him outside of the state, nor attach his property in this state, before suing the indorser of the note. Huston v. Fatka, 30 App. 693.
7520. Negotiable as inland bills.
If a note payable in bank is transferred without endorsement, the maker may plead any defense to an action on the note by the assignee that he could have pleaded against the payee. First Nat. Bank v. Henry, 156 Ind. 1.
Notes negotiable by the law merchant impart a consideration, and no consideration need be alleged in actions thereon. Magic Co. v. Stone-Ordean Co., 158 Ind. 538.
Checks given for money won at gaming are void in the hands of an innocent holder for value. Irwin v. Marquett, 26 App. 383.
The inserting in a promissory note a clause making it payable in a bank in this state, when the note was not so payable when it was delivered to the payee, renders the note invalid as to all persons. Young v. Baker, 29 App. 130.
[Acts 1905, p. 196. In force March 4, 1905.]
7531. Holidays-Commercial paper.-1. That the following days, to wit: The first day of the week, commonly called Sunday, the first day
of January, commonly called New Year's day, the fourth day of July, the twenty-fifth day of December, commonly called Christmas day; any day appointed or recommended by the president of the United States or the governor of the State of Indiana as a day of public fasting or thanksgiving; the twenty-second day of February, commonly called Washington's birthday; the thirtieth day of May, commonly called Memorial day; the first Monday of September, commonly called Labor day, and the day of any general, national or state election, shall be legal holidays within the State of Indiana. And when any of said holidays (other than Sunday) comes on Sunday, the Monday next succeeding shall be the legal holiday.
See notes to section 7531, Burns' R. S. 1901.
This section supersedes section 7531, Burns' R. S. 1901, and the act of 1903, Acts 1903, p. 214, amending such section.
7531a. Saturday half-holiday-Cities of 35,000.-2. It shall be lawful for banks, trust companies and safe deposit institutions in all cities in this state, which have or hereafter may have a population of more than thirty-five thousand inhabitants, according to the last preceding United States census, to close their doors for business at twelve (12) o'clock noon on each and every Saturday in the year, and every Saturday in th year after [twelve] (12) a'clock noon shall, in addition to the legal holidays mentioned in section one (1) of this act, be a legal half holiday for such banks, trust companies and safe deposit institutions and the business thereof.
This section supersedes section 2 of the act of 1903, Acts 1903, p. 214, relating to holidays for banks and other institutions.
7531b. Negotiable instruments-When payable-Grace.-3. All bills of exchange, bank checks, promissory notes and other negotiable instruments shall be payable at the time fixed therein, without grace. When the day of maturity falls upon Sunday, or a legal holiday, the instrument shall be payable on the next succeeding business day. Negotiable instruments falling due on Saturday shall be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.
This section supersedes section 7528, Burns' R. S. 1901, concerning days of grace on bills of exchange.
7532. Attorney fees.
Inserting in a contract a clause that the obligor will pay attorney fees and other costs pertaining to the enforcement of the contract, does not annex a condition to such promise, and attorney fees may be recovered. Talbott v. English, 156 Ind. 299.
[Acts 1905, p. 55.
In force April 15, 1905.]
7532a. Board of registration and examination.-1. That upon the taking effect of this act the governor shall appoint, within sixty days, a state board of registration and examination of nurses to be composed of five members who have not had less than five years' experience in their profession, exclusive of their training, and who shall not be connected with any hospital. One of these members shall be designated by the governor to hold office for one year, two for two years and two for three years, and thereafter upon the expiration of the term of office of the person or persons so appointed the governor shall appoint successors to each person or persons to hold office for three years. All vacancies occurring on this board shall be filled by the governor from persons qualified as above stated.
7532b. Meetings, officers, secretary's duties-Salaries.-2. The members of the said state board of registration and examination shall meet in the city of Indianapolis as soon as organized, and annually thereafter in the month of July shall elect from their members a president and also a secretary, who shall be the treasurer. Three members shall constitute a quorum, and special meetings of the board shall be called by the secretary upon written request of any two members. The state board of registration and examination is authorized to frame such bylaws as may be necessary to govern its actions. The secretary shall be required to keep a record of all meetings of the board, including a register of the names of all nurses duly registered under this act; said register shall at all reasonable times be opened to public scrutiny, and the board shall cause the prosecution of all persons violating any of the provisions of this act, and may incur necessary expense on this behalf. The said
by-laws shall provide the subjects upon which applicants shall be examined. The secretary shall receive a salary to be fixed by the board not to exceed five hundred ($500) dollars per annum, also traveling and other expenses incurred in the discharge of the official duties. The other members of the board shall receive five ($5.00) dollars per day for each day actually engaged at meetings of the board, and legitimate and necessary expense, said expense and salary shall be paid from fees received by the board under he provisions of this act, and no part of salaries or other expenses of the board shall be paid out of the state treasury.
7532c. County register-Clerk's duty-Fee.—3. The clerk of the circuit court of any county, upon presentation to him of a certificate from the state board of registration and examination, shall register the date of registration with the name, residence and address of the holder thereof in a book to be kept in his office for this purpose and marked "Register of Trained Nurses," and shall issue to the applicant a certificate of such registration under the seal of the circuit court of the county, for which registration he shall be paid fifty cents by the applicant.
7532d. Meetings of board for registration, fee.-4. That after June 1, 1908, it shall be the duty of said board of registration and examination to meet not less frequently than once a year. Notice of each meeting shall be given in one daily newspaper and in one nursing or medical journal published within the state of Indiana thirty days prior to said meeting. At these meetings it shall be the duty of said board of registration and examination to examine the diplomas and credentials of all applicants for registration under this act. Said board shall also examine. such applicants upon the branches usually taught in the training schools for nurses to determine their fitness and ability to give efficient care to the sick. The said board shall require of each applicant for examination and registration a fee of ten ($10.00) dollars to be paid upon application.
7532e. Applicant, evidence.-5. That after June 1, 1908, the applicant shall furnish satisfactory evidence that he or she is twenty-one years of age, of good moral character, has received the equivalent of a high school education and has been graduated from a training school for nurses connected with a general hospital approved by the board. where a systematic course of two years' intsruction is given.
7532f. Registration without examination-Non-graduates-Fee.-6. Any resident of the state of Indiana being over the age of twenty-one years, of good moral character, holding a diploma from a training school for nurses connected with a general hospital giving a course of at least two years' training or any resident of the state of Indiana being over the age of twenty-one years, of good moral character and who has had seven years' experience as a nurse, three years of which was in a general or special hospital, and engaged in professional nursing at the date of or prior to the passage of this act shall be entitled to regis