And, Provided, further, Said board of trustees of such school cities and school towns shall also be empowered in cases of repairing and remodeling old and insufficient school buildings or other buildings connected therewith to also incorporate the old material, in whole or in part, constituting said building or buildings in the specifications for the repairment or remodeling of such building or buildings as herein before provided; or should it be deemed more advantageous to said school city or school town, said board of trustees in cases of repairment or remodeling as aforesaid, may sell said old material, in whole or in part, which sale shall be governed by the provisions of this act as herein before provided. (R. S. 1914, §$6563 b.)

Schools-Towns-Election of School Trustee.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That in the election of school trustees in incorporated towns, the board of trustees of incorporated towns, shall vote by ballot and such voting shall continue until some competent person receives a majority of all votes cast or until such meeting adjourns or the voting ceases by a majority vote of the members of the board of town trustees. Should an election fail to occur at any one regular meeting, then at the next regular meeting, the board of trustees shall again proceed to the election of a school trustee or trustees, in like manner and under the same conditions and should no election occur at such meeting, then the board of trustees may determine then and there whether to take further votes at some later meeting and so on from one regular meeting to another until an election occurs or until such board of trustees shall determine by a majority vote to cease trying to elect; and, no person be permitted to vote except they be a qualified member of said body and the clerk of the board of trustees shall preside at such election but shall have no vote. In all cases where no election takes place, the present incumbent shall continue to serve until an election does occur and until his successor shall be elected and qualifies and all official acts of any member so holding over and the official acts of any such board during such time, will be valid as though an election should have taken place: Provided, That this act shall not change the time of election of school trustees or the terms of present incumbents except in cases where no successor is elected as herein provided; nor shall it affect cities that have by special act, a different mode of election prescribed by law. (R. S. 1914, §6478 a.)

Supplementary Act.

SEC 2. This act is supplementary in its nature and repeals only such laws as may be in conflict therewith.

Schools-Trustees Abolished-School Corporation Dissolved.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section one of the above entitled act be amended to read as follows: Section 1. That any incorporated town in the state, that has no school indebtedness, the inhabitatnts of which do not exceed two thousand (2000) as shown by the last preceding general census, may, through its town board of trustees, abandon and discontinue its management and control of public schools within such incorporated town, and abolish the board of school trustees therein. Whenever a town so discontinuing its board of school trustees shall desire to again take control of its school affairs the town board may on petition signed by a majority of the resident freeholders, pass an ordinance to that effect and appoint a board of school trustees: Provided, That whenever a town passes such ordinance to again take control of its school affairs as herein above provided, it shall be the duty of the county assessor, county auditor and county superintendent of schools, to act as an appraising board to determine what if any equitable right the township has in the school property thus taken over and to determine the extent to which such town is indebted to the township, and the board of town trustees shall pay over to the township such amount as has been so determined; before said town shall be permitted to take over the schools: Provided, further, That such school property shall not be appraised and taken over by the town as above provided unless a majority of the resident freeholders in the township residing outside of said town, consent to such transfer: Provided, further, That no town board shall dissolve the school corporation except by consent of a majority of the freeholders therein. (p. 199, Acts 1915.)

Conveyance of Property to Township.

SEC. 2. The town board of trustees of any such incorporated town, upon deciding to abandon and discontinue the control of the public schools therein, shall make or cause to be made a good and sufficient deed, conveying all real estate belonging to such school town to the township trustee of the township in which such in

corporated town is located; and shall transfer all the personal property and fixtures belonging to such school town to such township trustee, all of which shall be accepted and held by such township trustee for the use and purposes of the school township wherein such town is located: Provided, That when any such incorporated town shall be located in two or more contiguous counties, the children of school age who are residents of such incorporated town shall be entitled to the same school privileges in such incorporated town as the children of school age who are residents, exclusively of the township which has assumed ownership and control of such school and school property. And all school revenue which is paid or which may hereafter be paid by that portion of such incorporated town lying outside of the township which has assumed control and ownership of such school and school property, shall be paid to the township trustee of the township wherein such school is located, in the same way and manner as such revenues were paid to the school trustees of such incorporated town before such town relinquished control and possession of such school and school property. (R. S. 1914, §6480 a.)

Township Control.

SEC. 3. After the requirements set forth in the preceding section are complied with, the township trustee shall have full and complete control of all the schools within such town and shall conduct the same as provided for by law for the other schools of such township. And all children of school age residing outside. of the township in which such school and school property is situated but within the limits of any such incorporated town, as herein provided, shall possess all the rights and privileges to attend the school or schools located within such incorporated town, the same as though they lived in the township wherein such school or school property is located. (R. S. 1914, §6480 b.)

Repeal.

SEC. 4. That an act entitled "An act permitting incorporated towns not exceeding fifteen hundred inhabitants to discontinue school boards, and provisions made for transfer of school property to township trustees," approved March 3, 1899, and an act entitled "An act to amend section one and the title of an act entitled 'An act permitting incorporated towns not exceeding fifteen hundred inhabitants to discontinue school boards and pro

visions made for transfer of school property to township trus

tees,' approved March 3, 1899, approved March 4, 1911, be and the same are hereby repealed.

Towns coming within the provisions of this section cannot abandon control of schools and abolish the board of school trustees if the town is liable for damages on account of contracts made by the school trustees. beck v. State, 33 App. 609, 71 N.E. Rep. 916.

Horn

[p. 109, Acts 1915.]

Preamble.

Whereas, On the 2nd day of July, 1910, the county auditor of Floyd county, Indiana, in making settlement with the trustees of the school city of New Albany, overpaid said trustees the sum of $2,536.97, on account of the library fund for the maintenance of the public library, in said city, and

Whereas, Before said mistake was discovered said trustees had expended said sum in the improvement of said public library, and

Whereas, Afterward said mistake was for the first time discovered by the state board of accounts in its examination of the books of the auditor of said county, and

Whereas, At no time since said mistake was discovered has said board of trustees of said school city been able to repay the amount of said over-payment out of such library fund without crippling such library, and

Whereas, On the advice of said state board of accounts said trustees of said school city of New Albany, on the 6th day of February, 1915, repaid said over-payment out of the special school fund of said city, and

Whereas, Some doubt has arisen as to the legality of such repayment, now, therefore:

New Albany-School City-Acts Legalized.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the action of the trustees of the school city of New Albany in repaying on February 6, 1915, to Floyd county, Indiana, out of the special school fund of said city the sum of $2,536.97, erroneously paid to said trustees on account of the library fund, be and the same is hereby legaized: Provided, That nothing in this act shall affect pending litigation.

Whereas, The board of school trustees of the school town of French Lick, Indiana, did on the 19th day of August, 1912, enter into a certain contract with one, William H. Lutes, for the erection of a heating plant in connection with the public school buildings in said town and for the construction of sewers, closets and making repairs on said buildings, which contract was made pursuant to a certain resolution of said board, enacted for the purpose; and

Whereas, Pursuant to said contract said work so contracted was done and turned over to and accepted by said school town, and said town has ever since had the use and benefit of said improvements; and

Whereas, Said school trustees, pursuant to a resolution of the board of trustees of said town of French Lick, issued bonds of said school town in the sum of four thousand dollars ($4,000.00) for the purpose of raising revenue sufficient to pay for said improvements; and

Whereas, Said bonds were duly advertised and offered for sale by said board of school trustees on the 12th day of October, 1912, and were duly sold to said contractor on said day; and

Whereas, Some questions have arisen as to the regularity and validity of said proceedings for said improvements, and of the contract made and bonds issued and sold thereunder;

Therefore, For the purpose of removing such doubts as to the validity and regularity of said proceedings, including said contract and said bonds:

French Lick-Acts of School Board Legalized.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That all proceedings had and done by the board of school trustees of the school town of French Lick, Indiana, during the year 1912, of and concerning the construction of a heating plant in connection with the public school buildings of said town and making other additions and improvements thereto, including a certain contract for said improvements as entered into for the purpose, on the 19th day of August, 1912, including the bonds issued by said board on the 15th day of October, 1912, for the payment of said improvements, and all and singular the orders made, steps taken and things done by said board and others in pursuance of and subsequent to the resolution passed by said