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Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.



6350a. Board of embalmers, appointments 6350g. Penalties.

by governor. 6350b. Oaths, officers, salary.

6350e. Examinations, license, fees, re


6350h. Fees, use of, bond of treasurer,

63501. Licenses issued by health board.

[Acts 1905, p. 187. In force March 4, 1905.]

6350a. Board of embalmers-Appointments by governor.-1. The governor shall, as soon as practicable after the passage of this act, appoint five persons, who shall be practical and practicing embalmers. One of the persons so appointed shall hold office for one year, one for two years, one for three years, two for four years, unless sooner removed. Appointments to fill vacancies caused by death, resignation or removal before expiration of terms shall be made for the residue of such terms by the governor, and all appointments to fill vacancies caused by the expiration of such terms shall be made by the same manner and shall be for a period of four years.

This section amends section 6350a, Burns' R. S. 1901.

6350b. Oaths-Officers-Salary.-2. The members of such board before entering on their duties shall respectively take and subscribe to the oath required by other state officers, which shall be filed in the office of the secretary of state, who is hereby authorized to administer the same. They shall have power to select out of their own number a president, secretary and treasurer, and adopt such regulations for the transaction of business of the board and management of its affairs as they may deem expedient. The members of said board shall receive no salary as such except the secretary, who shall receive three hundred dollars. ($300.00) per year, but the actual traveling and necessary expenses of the board and five dollars ($5.00) per diem for time actually spent by its members shall be paid out of the receipts as hereinafter directed. This section amends section 6350b, Burns' R. S. 1901.

6350e. Examinations License Fees-Renewal.-5. Every person who wishes to practice the profession of embalming shall appear before

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the state board of embalmers, and upon the payment of a fee not to exceed five dollars ($5.00), to cover expenses of examination, be examined in their knowledge of embalming, sanitation, disinfecting the body of deceased persons and the apartment, clothing, excreta and anything likely to be infected in case of death from infectious or contagious disease, in accordance with the rules and regulations of the state board of health. Such examination shall be in writing and by actual demonstration on cadaver. All examination papers shall be kept on record by said state board of embalmers, and if the applicant be of good moral character, and shall have had one year's actual training in practical embalming, either in a college prescribing a special course in the science of embalming, or as an assistant to a regularly licensed and practicing embalmer, and pass such examination, then said board must issue to said applicant a license to practice the profession of embalming for one year. If the applicant desires a renewal of the license the said board shall grant it except for cause, and the annual fee for renewal of license shall not exceed the sum of one dollar ($1.00). This section amends section 6350e, Burns' R. S. 1901.

6350g. Penalties.-7. Any person who shall practice, or hold himself or herself out as practicing the profession of an embalmer of human dead bodies without having complied with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be sentenced to pay a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each and every offense; and it shall be a part of the duties of said board to render any possible assistance in the prosecution of violators of this act, or any part of the same: Provided, That nothing in this act contained shall be construed to apply to persons engaged as layers-out or shrouders of the dead, or to the employes of any cemetery whose duty or business extends no further, nor to officials or employes of any state institution.

This section amends section 6350g, Burns' R. S. 1901.

6350h. Fees, use of-Bond of treasurer-Report.-8. All fees collected under the provisions of this act shall be paid to the treasurer of the state board of embalmers, to be used for the purpose of defraying its necessary expenses; and the treasurer of the state board shall give bond in the sum of five hundred dollars ($500.00) to the approval of said board for the honest and faithful discharge of his duties. It shall be the duty of said state board, on or before the first Monday in November of each and every year, to make a report in writing to the governor of this state containing a detailed statement of the nature of the receipts and the manner of expenditures; and any balance of money remaining at the end of the year, after payment of the necessary expenses, including the salary of the secretary, the per diem, traveling and other necessary expenses of the board, incurred in the discharge

of their duties, shall be held as an emergency fund to meet extraordinary expenses, as herein indicated.

This section amends section 6350h, Burns' R. S. 1901.

6350i. Licenses issued by health board.-9. The state board of embalmers may recognize licenses issued previous to the passage of this act by the Indiana state board of health; and all licenses issued tc embalmers by other state boards of embalmers and state health authorities, and upon presentation of such licenses may issue the regular license to holders of such licenses and certificates of competency.

This section amends section 6350i, Burns' R. S. 1901.






Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

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6523. Fees taxed by county recorders. 6524a. Compensation allowed.

· 6524b. Recorder paying over fees.

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[Acts 1903, p. 124.

In force January 9, 1905.]

6405. Governor's salary.-1.

That the salary of the governor of the State of Indiana shall be eight thousand dollars ($8,000) per year, payable as prescribed by law. This act to become effective at the expiration of the term of the present incumbent.

This act supersedes so much of section 6405, Burns' R. S. 1901, as fixes the salary of the governor.

[Acts 1903, p. 17. In force February 9, 1903.]

6417. Salaries of supreme and appellate court judges, and reporter of supreme court.-1. That the annual salary of each of the judges of the supreme and appellate courts be six thousand ($6,000) dollars, and that the annual salary of the reporter of the supreme court shall be five thousand ($5,000) dollars, said salaries to be payable quarterly out of any moneys in the treasury belonging to the general fund not otherwise specifically appropriated by law.

This act supersedes sections 6417, 6418 and 6419, Burns' R. S. 1901, fixing the salaries of the judges and reporter of the supreme court, and of the appellate court judges.

6426. Salaries of county officers.

If, when fees are paid to an officer by a county, the same is legal under a decision of the supreme court, but such decision is afterwards overruled, such fees may be recovered from such officer. Tucker v. State, 163 Ind. 403.

If fees are unlawfully allowed by a county to a county officer, an action will not lie on the bond of such officer to recover such fees. Tucker v. State, 163 Ind. 403.

If a county officer is allowed and paid money out of the county treasury to which he is not entitled, the county may sue and recover such money. Sudbury v. Board, 157 Ind. 446; Tucker v. State, 163 Ind. 403.

County officers who are made members of the county board of review are entitled to receive the per diem provided for members of such board in addition to their salaries provided by law. Seiler v. State, 160 Ind. 605; Tucker v. State, 163 Ind. 403.

6522. Auditor when no fee fixed.

County auditors are entitled to receive, in addition to their salaries, the per diem fixed by law for members of the county board of review during the time they serve on such boards. Seiler v. State, 160 Ind. 605; Tucker v. State, 163 Ind. 403.

6523. Fees taxed by county recorders.

The minimum fee of county recorders under the fee and salary law of 1895, for recording notices of mechanic's liens, is fifty cents, such law repealing prior statutes on the subject. State v. Phillips, 157 Ind. 481.

If a county recorder fails to pay to the county treasurer the fees collected by him in excess of his salary, the county may sue on his bond to recover the amount due. Shilling v. State, 158 Ind. 185.

[Acts 1903, p. 198. In force March 7, 1903.]

6524a. Compensation allowed.-1. That the officers in this act named shall be entitled to receive for their services the compensation hereinafter allowed and set out and none other.

6524b. Recorder paying over fees.-2. That the county recorder of each county in this state shall pay quarterly into the hands of the county treasurer all fees and charges collected by him, as now required by law, which shall be credited to the general fund of the county. The funds now kept separate as "the recorder's fund" in the various counties of this state shall at once be transferred and covered into the general funds of the respective counties.

6524c. Salaries of recorders, payment.-3. The recorder of each county of this state shall be allowed and paid quarterly out of the general funds of his county for his services the compensation now provided for by law: Provided, That no recorder shall be paid a less sum than seven hundred ($700) dollars per annum : And provided, further, That in all the counties where the amount of fees turned in to the county treasury shall be in excess of the salary now provided by law for such recorder, then in that event such recorder shall receive as an additional compensation an amount equal to thirty (30) per cent. of any such excess so turned into the treasury by him.

[Acts 1905, p. 451. In force April 15, 1905.]

6528. Sheriff-Taxing of fees.-122. The sheriffs of the various counties of this state shall, on behalf of their respective counties, tax and charge the fees provided by law on account of services performed by such officers; the fees and amounts so charged shall be designated

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