Слике страница
PDF
ePub

said school buildings or additions to then existing school buildings, and did then and there give the legal notice for bids therefor, and did then and there receive bids for such improvements, and did then and there award said contract or contracts to the lowest and best bidder therefor and did enter into a proper contract in writing with the successful bidder and the said bidder giving statutory bond for the faithful performance of the work under the said improvements, which said improvements were duly entered into, made and completed and afterwards duly accepted by the proper officials of said school township, all of said proceedings being by the township officers and the contractor entered into, done and executed in good faith, then in all such cases the contractual rights so performed and indebtedness so incurred, shall be and are hereby legalized, validated and made the legal obligations of said school township in which such action is taken and such school buildings or additions to then existing school buildings were then and there constructed, erected or repaired, and authority is hereby given and made for the payment for said new school buildings or additions to then existing school buildings, or repairs to the same, by the issuing of township warrants or bonds therefor, as if such finding, consent, appropriation, vote and action had been duly made, given and taken and such records made and signed in strict accordance with said act approved February 27, 1899, and any and all amendments and additions thereof and thereto, and any and all amendments of any section thereof, and taxes shall be duly levied in said township to raise money to pay off such obligation or obligations, to be hereafter determined, according to the terms thereof: Provided, That nothing in this act shall affect any pending litigation in any of the courts of the State of Indiana.

Schools-Renewal of School Fund Mortgages-Duties of Auditor.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That all mortgagors of the common school, congressional school and permanent endowment funds, held in trust by their respective counties wherein such mortgage exists, shall, at the expiration of five (5) years from the date of the original loan, be required to give notice to the said auditor of said county that they desire to continue such loan. That upon the receipt of such notice the auditor shall notify the appraisers of the district wherein such mortgaged premises are located, who shall proceed to view and appraise such mortgaged premises, and shall upon oath fix the ac

tual cash value thereon, without regard to the amount of the present existing loan. If the said mortgaged premises are reappraised at an amount equal to double the amount of the loan, it shall be so recorded by said auditor, which said procedure shall be sufficient for a further continuation of such mortgaged school loan for the period of five (5) years from the expiration of the said original loan: Provided, however, That if the second appraisement, made for the purpose of said continuation, be not sufficient, and is less than double the amount of the original loan, such mortgagor shall pay into the treasury a sufficient sum to reduce said loan to one-half of said appraisement. The cost for said renewal shall be fifty (50) cents each to the appraisers, and fifty (50) cents to said auditor for recording said continuation.

Repeal.

SEC. 2. All laws or parts of laws in conflict with this act are hereby repealed. (p. 943, Acts 1913.)

County Auditors-School Funds-Loan on Mineral Land.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That where coal or other minerals underlie the surface of real estate, that the auditor of the county where said real estate is situated is hereby authorized to loan the principal of all moneys belonging to the school fund to an amount not to exceed fifty per cent. of the surface value of said real estate, secured by a mortgage, and said loan to be made in all other respects as now provided by law. (R. S. 1914, §6232a.)

Preamble.

[p. 76, Acts 1915.]

[ocr errors]

Whereas, Divers laws appear among the acts of the general assemblies of this state relative to the loaning of congressional township school funds, originating under the act entitled, "An act to authorize the sale of the school lands and for other purposes,' approved January 23, 1829, which provided for the loaning of the said funds by the school commissioner to be elected in each county, and later such congressional township school funds, by local or special acts, were authorized to be made by the congressional township treasurer, congressional township trustees and the county treasurer acting as school commissioner, until the abolishment of such office provided for in an act entitled, "An act to increase

and extend the benefits of common schools," approved January 17, 1849; and

Whereas, Such loans were made by mortgage upon lands or lots situate within the county for which such school commissioner was elected, and provided for a forfeiture of such mortgaged lands or lots in the case that the interest was not paid in advance by proceedings in the circuit court of such county; all of such proceedings appear of record on the dockets of the clerk of such circuit court; and

Whereas, Many congressional township fund mortgages appear unsatisfied during the period between January 23, 1829, and January 17, 1849, affecting the titles of the present innocent holders, for which they should have relief, for remedy whereof:

Schools-Mortgages on Lands-Clerk of Court-Satisfaction of Judgments.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the certificate of the clerk of the circuit court having jurisdiction over the lands or lots where such unsatisfied mortgage appears, that he has examined the judgment dockets for the period covered from the date of such loan to November 1, 1851, the date of adoption of the second constitution of the State of Indiana and that there being no forfeiture of the land or lot so mortgaged, shall, when recorded on the page of such recorded mortgage be deemed a full satisfaction of same.

[p. 31, Acts 1915.]

Title to Lands-Auditor's Deed to Quiet.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That whenever it shall be made to appear by proof to the satisfaction of any county auditor of any county in this state that, by reason of the destruction of any of the public records of such county by fire, there is a defect in or a break in the chain of the title of the owner of any lands in school sections lying wholly or partially within such county, then such county auditor be and is hereby authorized to execute to the owner of such lands a quit claim deed correcting and perfecting the title of such owner to such land in so far as such title is rendered defective and imperfect by reason of the destruction of such records by fire. Such owner shall pay all the necessary expenses incident to the execution of such deeds.

County Coroners-Funds Not Called For-Disposition.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section twelve of said act be and the same is hereby amended to read as follows: Section 12. It shall be the duty of the treasurer if the money aforesaid shall not be called for within one year from the time of receiving the same, to place said sum of money to the credit of the common school fund principal, and where there is any money now heretofore loaned by the county treasurer on account of the provisions of this act, then said money, principal and interest shall become a part of the common school fund of the state as soon as practicable. (R. S. 1914, §9444.)

When the property found on the body is not claimed, it becomes the property of the school fund of the county. State v. Board, 85 Ind. 489.

Wills-Public Bequests-Exempt from Taxation.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That when any money or property is given by will, or otherwise, to any executor or other trustee to be by him used and applied for the use and benefit of any municipal, educational, literary, scientific, religious or charitable purpose within the State of Indiana, and the money or property, if it had been given directly for any such purpose, would not be subject to taxation under existing laws, then and in all such cases, such money or property shall be exempt from all taxation while in the hands of such executor or other trustee: Provided, He shall be diligently and in good faith endeavoring to carry out the provisions of the will or other trust arrangement, and to use and apply such money or property to the purpose for which the same is donated. And in all such cases where any money or property has been assessed for taxation to any executor or trustee for the tax year 1912, the taxes thereon for such year are hereby declared to be void and shall not be collected, and for such year and all subsequent years such money or property shall be deemed to have been and be exempt from all taxation. (R. S. 1914, §10151a.)

[p. 34, Acts 1915.]

Guardian and Ward-Duties-Reports.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section nine (9) of an act entitled "An act touching the relation of guardian and ward," approved June 9, 1852, and being chapter twelve (12) of the revised statutes of 1852, of the

State of Indiana, be and the same is amended to read as follows: Section 9. It shall be the duty of every guardian of any minor: First. To make out and file within three (3) months after his appointment, a full inventory, verified by oath, of the real and personal estate of his ward, with the value of the same, and the value of the yearly rent of the real estate; and failing so to do, it shall be the duty of the proper court to remove him, and appoint a successor. Second. To manage the estate for the best interest of his ward. Third. To render on oath to the proper court an account of his receipts and expenditures as such guardian, verified by vouchers or proof at least once in every two years; and failing so to do, unless he show reasonable cause or excuse for his failure to file such report to the satisfaction of the proper court such guardian shall receive no allowance for services, and be liable to his said ward on his bond for damages on the whole amount of estate, both real and personal, in his hands belonging to such ward, to the amount of the actual loss occasioned by the failure of said guardian to file said report. Fourth. At the expiration of his trust, fully to account for and pay over to the proper person, all of the estate of said ward remaining in his hands. Fifth. To pay all just debts due from such ward, out of the estate in his hands, and collect all debts due such ward; and in case of doubtful debts, to compound the same, and appear for and defend, or cause to be defended, all suits against such ward. Sixth. When any ward has no father or mother, or such father or mother is unable, or fails to educate such ward, it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify.

County Superintendents-Extension of Term.

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. The township trustees of each county of this state shall meeet at the office of the auditor of their county on the first Monday in June, 1917, at 10 o'clock a. m., and every four years thereafter, and elect by ballot a county superintendent for their county. Such county superintendent shall enter upon the duties of his office on August 16th following and unless sooner removed, shall hold his office until his successor is elected and qualified. Before entering upon the duties of his office he shall subscribe and take an oath to perform faithfully such duties according to law; which oath shall be filed with the county auditor. He shall also execute a bond, to the approval of the county audi

« ПретходнаНастави »