said board may, if a quorum be present, by consent of a majority of all the members present, determine whether an emergency exists for the expenditure of any sums not included in the existing estimates and levy. In the event that such an emergency is found to exist said board may authorize by special order entered and signed upon the record, the trustee to borrow a sum of money to be named sufficient to meet such emergency; and at the next annual session of the board a levy shall be made to the credit of the fund for which such expenditure is made to cover and pay the debt so created: Provided, however, That if at any annual or special meeting of said board it shall be found indispensably necessary to provide for the construction of a school building, the cost of which building or the proportionate cost thereof if the same be a joint graded high school building will be in excess of the sum available therefor out of any annual levy, then in that event, such board may authorize such trustee to issue township warrants or bonds to pay for such building, or the proportionate cost thereof, such warrants or bonds to run for a period of not exceeding fifteen (15) years; and to bear not exceeding six per centum per annum, and to be sold for not less than par; the township trustee, before issuing such warrants or bonds, shall advertise that bonds are to be sold in not less than one issue a week for three weeks, in one paper of general circulation in the county and one paper of general circulation in the state capital, setting forth the amount of bonds offered, the denomination, the period to run, rate of interest and the date, place and hour of selling. The township advisory board shall attend the sale of bonds and shall concur therein before such bonds are sold. The board shall annually levy sufficient taxes to pay at least one-fifteenth of such warrants or bonds, with interest, each year, and the trustee shall apply such annual tax to the payment of such warrants or bonds each year. In no event shall a debt of the township be created except by the advisory board of such township, and in the manner herein specified, and any payment of any debt not so authorized from the public funds of such township shall be recoverable upon the bond of the trustee in a suit, which it is hereby made the duty of said board to institute and prosecute in the name of the state, for the use of said township. And said board is hereby empowered to appropriate, and the township trustee shall pay out of the township funds a reasonable sum for attorney's fees for such purpose. And if the board, on the written demand of any taxpayer, fails for thirty (30) days to

bring suit, then such or any other taxpayer may bring the same, in the name of the state, for the use of the township: Provided, however, Nothing contained herein shall affect any pending litigation. (R. S. 1914, §9595.)

The original of this section was amended in 1901, Acts 1901, p. 415, and such amended section was amended in 1909, Acts 1909, p. 208.

At the session of 1913, Acts 1913, p. 487, an act was passed amending the section as amended in 1901, such act being approved March 10, 1913, but at such time the amended section above set forth was in force, the same being approved March 6, 1913, and has an emergency clause. The act of March 10, 1913, makes no reference to the act of March 6, 1913, and the March 10th act is regarded as invalid and is omitted. The two acts seem to be duplicates of each other.

Acts of township trustees in borrowing money to erect school buildings legalized, Acts 1911, pp. 27, 350.

Bonds issued by township trustees for school purposes legalized, Acts 1911, p. 613.

Warrants and certificates of indebtedness issued by township trustees legalized and provisions made for the payment thereof, Acts 1911, pp. 141, 694.

An advisory board may authorize a township trustee, at a special meeting to borrow money to build a schoolhouse. Lincoln Tp. v. Union Trust Co., 36 App. 113, 73 N.E. Rep. 623, 74 N.E. Rep. 272.

Before an advisory board can authorize a township trustee to borrow money, the board must find and enter of record that an emergency exists for such money, and a debt incurred for money loaned without such finding and record cannot be enforced. First Nat. Bank v. Van Buren School Tp., 47 App. 79, 93 N.E. Rep. 863, Pipe Creek School Tp. v. Hawkins, 97 N.E. Rep. 936.

At a special meeting of an advisory board the subject of whether an emergency exists for the expenditure money cannot be considered except by consent of all the members of the board, but two members of the board may declare that an emergency does exist. Kirkpatrick v. Van Cleave, 44 App. 629, 89 N. E. Rep. 913.

When school officers have taken the necessary steps to locate and build a joint schoolhouse, an advisory board may be compelled by mandate to authorize a township trustee to borrow money to aid in erecting such house. Advisory Board v. State, 170 Ind. 439, 85 N.E. Rep. 18.

Township Trustee Meeting of Advisory Board-Emergency Expenditures.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) of the above entitled act be amended to read as follows: Section 1. Upon the special call of the township trustee, or the chairman of the advisory board, or of a majority of the members of a township advisory board, given in writing to the several members of such board, and the township

trustee, stating the time, purpose and place of the meeting, said board may, if a quorum be present, by the consent and action of a majority of all members of the board present, determine the necessity and whether an emergency exists for the expenditure of any sum or sums not included in the existing estimates and levy. In the event that such emergency exists, the board may authorize by special order entered and signed upon record, the trustee to borrow a sum or sums not included in the existing estimates and levy to meet the demands for any road machinery, road dredge, bridges, dredge or dredges, or township machinery for hoisting road materials, or other township business; and at the next annual session of the board a levy shall be made, the same to be credited to the fund for which such expenditure is made to cover the debt so created: Provided, however, That if at the annual or special meeting of said board it shall be found indispensably necessary to provide for the construction of a school building, purchase of any road machinery, road dredge, bridges, dredge or dredges or township machinery for hoisting road materials, or other township business, the cost of which necessity exists, or the proportionate cost thereof will be in excess of the sum or sums available therefor out of the funds of the annual levy, then and in that event, such advisory board may authorize the trustee of such township to issue township warrants or bonds to pay for such debts so created, and if the same be for a joint graded high school building the township warrants shall be only for the proportional part or share of the debt for which the township shall be liable; the said township warrants or bonds to run for a period of not exceeding ten (10) years, and they shall bear interest at a rate not exceeding six per centum per annum, which bonds or township warrants shall be sold by the trustee, with the assent of the advisory board of the said township, for not less than par, and such advisory board shall annually levy sufficient taxes to pay at least one-tenth of such township warrants or bonds, with the annual interest thereon; the trustee of such township shall apply the annual tax levy collected each year from such levy on the township warrants bonds. and the interest thereon. In no event shall a debt of the township be created except by the advisory board of such township, and in the manner herein specified, and any payment of any debt not so authorized from the public township funds by a trustee shall be recoverable upon the bond of the trustee, in a suit, which it is hereby made the duty of the advisory board of such township, to institute and prosecute in the name of the state, for the use of the

said township. And said board is hereby empowered to appropriate, and the township trustee shall pay out of the township funds, a reasonable attorney's fee for such purpose. And if the said advisory board on the written demand of any taxpayer, fails for thirty (30) days to bring suit, then such taxpayer or any other taxpayer of the said township may bring the action in the name of the state for the use of the said township: Provided, however, That nothing in this act shall affect any pending litigation.

Repeal.

SEC. 2. All laws and parts of laws in conflict with any of the provisions of this act are hereby repealed. (p. 487, Acts 1913.)

[p. 135, Acts 1915.]

Schools-Transfer of Property by Civil Townships.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That any building or other property belonging to any civil township in this state may be conveyed to the corresponding school township in the manner prescribed in this act.

Transfer Upon Petition.

SEC. 2. In order to effect the transfer or conveyance of any building or other property from any civil township to the corresponding school township, a petition may be filed with the board of commissioners of the county in which such civil township is situated, asking for the conveyance or transfer of such building, or other property, the nature of the building or other property to be conveyed or transferred, and the reasons for desiring to effect such conveyance or transfer. The petition shall be signed by a majority of the legal voters resident within such civil township and shall be filed in the office of the county auditor. At the time of filing such petition the petitioners shall give a bond with good and sufficient freehold sureties, payable to the state, to be approved by the board of commissioners, conditioned to pay all expenses in the event the board of commissioners shall fail to authorize the proposed conveyance or transfer. Immediately after such petition shall have been filed the county auditor shall give notice of the filing of such petition by causing publication: to be made once a week for two (2) consecutive weeks in one newspaper printed and published in the county and of general circulation in the county in

which such civil township is situated. The board of commissioners shall hear the petition at their next regular term, and on the day designated in the notice and shall determine all matters pertaining thereto, and if such board shall be satisfied as to the propriety of granting the prayer of the petitioners, they shall so find and thereupon the trustee of such civil township shall convey such building or other property belonging to such civil township to such corresponding school township and such school township shall thereafter hold, control and manage such building or other property. All expenses incurred in the conveyance of such property, if such conveyance be authorized, shall be paid out of the general funds of such civil township.

[p. 114, Acts 1915.]

Schools-Legalizing Township Debts-Authorizing Bonds.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That whenever, since the enactment of an act entitled "An act concerning township business," approved February 27, 1899, Burns' Revised Statutes 1914, section 9590 et seq., and prior to November 1, 1914, that in all townships of this state having a population of less than 1,430 and more than 1,420 as shown by the last preceding United States census, any township advisory board of any such school township within the State of Indiana, when convened in annual or special session, the calling of which session being regular or irregular, at which a quorum of all the members of such advisory board was present and acting, such advisory board by the consent and vote of such quorum having neglected to find that an emergency and necessity existed for the construction of a new school building, or an addition to a then existing school building in said township, and did at such meeting or meetings, duly authorize the construction of certain school buildings or additions and repairs to then existing school buildings in such school township, but then and there neglecting and failing to appropriate the necessary funds to pay for said improvements before the undertaking or completion of such improvements so authorized by a majority of such board, and wherein the trustee of said township was then and there directed to advertise for bids and let contracts therefor, but by reason of oversight or neglect such finding, consent, vote and authority was not entered of record and signed, but said trustee, in pursuance of such consent, vote and authority, and in good faith, did have plans and specifications prepared for