lation to bring it within the provision of this act shall, according to any United States census hereafter taken, have a population of more than sixty-three thousand inhabitants and less than sixtynine thousand inhabitants, then this act shall in all respects apply to and govern such city from thenceforth. (R. S. 1914, §6504 s.) Pending Litigation-Present Members. SEC. 7. The intendment of this act is and shall be that it shall not effect any impending litigation but the same shall be concluded and judgment rendered and enforced as if this act had never been passed and that all school trustees, in cities coming under the provisions of this act, who are now serving unexpired terms in such office, shall fill out such unexpired terms under the provisions of this act the same as if they had been elected to such office under the provisions of this act. (R. S. 1914, §6504 t.) Schools-Cities of Fifth Class-Charge of Public Library. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section 1 of an act entitled "An act to amend an act entitled 'An act to establish public libraries in connection with the common schools in all cities of 10,000 or more inhabitants, and to define the duties and powers of boards of school trustees, etc., in relation thereto,' approved March 7, 1881, to extend the provisions of said act to all cities and incorporated towns in the state." That in all the cities and incorporated towns of this state the board of school trustees, board of school commissioners, or whatever board may be established by law to take charge of the public or common schools of said city or incorporated town, shall have power, if in their discretion they deem it to the public interest, to establish a free public library in connection with the common schools of said city or incorporated town, and to make such rules and regulations for the care and protection and government of such library and for the care of the books provided therefor, and for the taking from and returning to said library of such books as the said board may deem necessary and proper; and to provide penalties for the violation thereof: Provided, That in any city or incorporated town where there is already established a library open to all the people no tax shall be levied for the purpose herein named: Provided further, That in all cities, having according to the last preceding United States census no less than four thousand (4,000) nor more than four thousand five hundred (4,500) population, in which there is a public library open to all the people already established under the library laws of this state, supported in whole or in part by taxation, such board of school trustees, board of school commissioners, or other board established by law to take charge of the public or common schools of said city or incorporated town, shall have the power, by and with the consent of the public library board in charge of such library already established, to take over, receive and take full charge of such established library, together with all the property, whether real, personal or mixed, and support, maintain and operate such library the same as if such library had been originally established by such board, and for the purpose of supporting, maintaining, increasing and operating such library, such board shall have the power and authority to receive gifts and donations, and shall have the same power of taxation as vested by law in the public library board from which such library was taken over and received. (R. S. 1914, §6642.) [p. 604, Acts 1915.] Schools-Cities Fifth Class-Abandoned School Property -Parks. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That in any city of the fifth class within the state in which the school corporations of such cities have heretofore purchased in the name of said school corporations real estate to be used for school purposes, and the use of which real estate shall have since been abandoned for school purposes, it shall be lawful for the school trustees of said school corporations to authorize the use of such real estate for park purposes, in the manner and as provided by this act. Permitting Use by City. SEC. 2. No money shall be expended out of the school corporation treasury for the maintenance of such abandoned school grounds for park purposes, but the board of school trustees of any school corporation in cities of the fifth class owning such abandoned school grounds may by an order entered of record permit the use of such abandoned school grounds by any city of the fifth class for park purposes, fixing in such order the conditions, restrictions and limitations within which such city of the fifth class may take and use such abandoned school grounds for such park purposes. Acceptance by Council-Maintenance. SEC. 3. Any city of the fifth class within this state may by an ordinance of the common council, accept from the school corporation of any such city the use of any real estate, being abandoned school grounds, as herein before provided, or any such city may by ordinance of the common council accept from any person or persons for any definite time not less than five years the use of any real estate in such city formerly used for cemetery purposes, having been abandoned and the bodies having been removed therefrom, and any such city is hereby given the right, power and authority through their common councils, to use and maintain and keep in condition any such real estate for park purposes for the use of the general public, in the manner and under the same conditions and restrictions and limitations as are now fixed and provided by law for the use and control and maintenance of park properties by such cities, in every way and to the same extent as if the city owned said real estate in its own name and right; and such cities of the fifth class shall have the power and authority to accept by city ordinance such real estate for park purposes under the order of the school trustees of the school corporation, as herein provided, or from such person or persons. SEC. 4. The title to such real estate shall remain in the school corporation, and the use by cities of the fifth class shall continue so long as such cities continue to maintain such real estate as a public park. Abandonment for Park Purposes. SEC. 5. If at any time after such real estate has been accepted for park purposes, as aforesaid, such cities shall abandon the use of such real estate for park purposes, it shall be lawful for the school trustees of such school corporation so owning said real estate, to take possession of said real estate, and to sell and convey said real estate in the manner now or hereafter provided by law. [p. 73, Acts 1915.] Schools-Trustees Elected-Terms. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section one (1) be amended to read as follows: Section 1. That the common council of each city and the board of trustees of each incorporated town of this state shall at a regular meeting of such common council or board of trustees, after the incorporation of such city or town elect three school trustees, who shall hold their offices, one, two and three years, respectively, from and after the first day of the next succeeding August. The term of each of said trustees shall be determined by lot at the time of such election by such common council or board of trustees, and annually thereafter the common councils of each city and the board of trustees of each incorporated town, at their regular meetings in the month of June, shall e'ect one school trustee, who shall hold his office for three years from the first day of the next succeeding August. Such trustees shall constitute the school board of the city or town and before entering upon the duties of their offices they shall take an oath faithfully to discharge the duties of the same. They shall meet within five days after the first day of August of each year and organize by electing one of their number president, one secretary and one treasurer. The treasurer before entering upon the duties of his office shall execute a bond to the acceptance of the county auditor in a sum equal to the amount of money which may come into his hands at any one time during the year by virtue of his office. The president and secretary shall each give bond to be approved by the county auditor in any sum not less than one-third of the treasurer's bond: Provided, That in case of a newly incorporated city or town such trustees shall meet within five days of their election and organize by electing the officers and giving the bonds as herein provided, which officers and bonds shall be continued until the first day of August next succeeding such organization. All vacancies that may occur in said board of school trustees shall be filled by the common council or board of trustees of the town, but such elation (election) to fill a vacancy shall only be for the unexpired term. The board of school trustees shall within five days after the first day of August of each year reorganize their boards and execute their bonds for the ensuing year. Said trustees shall receive for their services such compensation as the common council of the city or the board of trustees of the town may deem just, which compensation shall be paid from the special school revenue of the city or town: Provided further, That the provisions of this act relative. to the appointment of school trustees shall not be mandatory upon those incorporated towns wherein the school corporations have been or shall hereafter be abandoned. Schools-Bonds Legalized. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That all bonds heretofore issued by the order and direction of the board of school trustees or other authorities of any school city or school town of this state under color of any statute of this state, pursuant to the order and direction of the common council or board of trustees of such city or town, for the building of school houses where necessary to build and repair the same for the use of such school city or school town, and such school trustees having failed to comply with the laws of the State of Indiana in respect to the proper construction and sanitary conditions of the same, are hereby legalized; and all proceedings or acts of any such board of trustees of such city or town under which said bonds were issued, are hereby fully legalized, and declared valid. Pending Litigation. SEC. 2. Nothing in this act contained shall be so construed as to affect any pending litigation. (p. 264, Acts 1913.) Schools-Cities and Towns-School Buildings-School 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, to wit: Section 1. That section 1 of an act entitled "An act authorizing and empowering boards of trustees of school cities of all cities incorporated under the general laws of this state, and boards of trustees of school towns of incorporated towns, to borrow money and issue their notes or bonds therefor; providing conditions on which such debt may be incurred, and to levy a tax to pay the same, for the purpose of buying grounds and paying for necessary school buildings, or repairs on the same and declaring an emergency," approved March 9, 1903, be and the same is hereby amended to read as follows: Section 1. That in all cities except cities of the first and second class, of the State of Indiana, which are incorporated under the general laws of the state, and in incorporated towns of this state, the boards of school trustee in such city or incorporated towns are hereby authorized and empowered to borrow money and to issue their bonds or notes of such school city or school town, such bonds or notes to bear interest at a rate not exceeding five per centum per annum, and payable at such times within twenty-five (25) years from date as such |