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in the state having jurisdiction in the county where such violation shall have been committed; and it shall be the duty of such prosecuting attor ney to bring such suit upon duly verified information of such violation having occurred.
8007. Recording and indexing instruments.
If a recorder incorrectly records an instrument, the statute of limitations begins to run as to an action against him from the time the recording is done. State v. Walters, 31 App. 77.
8030. Survey, evidence, appeal, proceedings.
An official survey is only prima facie evidence in favor of the lines run and the corners established, and on an appeal from a survey under section 8030, Burns' R. S. 1901, the court could only order a re-survey. Miller v. White, 28 App. 371.
During the time allowed for an appeal from a survey the survey will not defeat a title acquired by adverse possession. A survey establishes a line, but does not determine title. Helton v. Fastnow, 33 App. 288.
[Acts 1905, p. 449. In force March 6, 1905.]
8034e. Pay in counties of 150,000.-5. The county surveyor of each county affected by this act shall receive for his services a sum equal to four per centum of the contract price of all bridges, bridge and turnpike repairs for which such surveyor shall prepare the plans and specifications, and of which he shall supervise the construction. Said surveyor shall pay out of said sum all deputies and other persons employed in the preparation of the plans and specifications and in the supervision of the construction of all bridges and in the repair of bridges and turnpikes. For all other services he shall receive the fees allowed by law.
This section amends section 8034e, Burns' R. S. 1901, as such section was amended by act of 1903, Acts 1903, p. 270. This act also repeals section 8034d, Burns' R. S.
Township trustees having general control of all township property, it is the duty of road supervisors to carry into effect all orders of such trustees touching highways and bridges. State v. Clifton, 157 Ind. 581.
If a township trustee fails to keep a correct record of his official proceedings, such failure will not render the sureties on his bond liable for an injury suffered by the purchaser of a township warrant issued without authority of law. State v. Stout, 26 App. 446.
[Acts 1903, p. 177. In force March 5, 1903.]
8072. Accounts, settlement, justice's salaries.-10. The trustee shall examine and settle all accounts and demands chargeable against his township. He shall keep an accurate account current with his township, which shall be so arranged and kept as to show the amount received and paid out on account of separate and distinct funds, and to whom paid, as well as the whole receipts and expenditures by one general account; and he shall file all accounts as vouchers, and report the same to the county board in his annual settlement therewith, which report shall be verified by his affidavit. And said trustee shall quarterly, on the 31st day of March, 30th of June, 30th of September and 31st of December, receive from the justices of the peace the docket fees taxed and collected by said justices during such quarter, and shall enter the same in the general funds of said township. And in all townships in which there is located a city having a population, as shown by the last preceding United States census, of one hundred thousand or more, said trustee shall quarterly, to wit, on the 31st day of March, 30th day of June, 30th of September and 31st of December, in each year, pay out of the general funds to each of the justices of the peace in said township a quarterly salary at the rate of two thousand dollars per annum. And at the expiration of the term of any such justice shall pay to him, out of the general fund, a proportionate part of said salary for the period covered by such portion of his said term. And in all townships in the state having therein a city of not less than 45,000, and not more than 60,000 population, according to the last United States census, or the principal part of such city, said trustees shall quarterly on the 31st day of March, 30th of June, 30th of September and 31st of December, in each year, receive from the justices of the peace all fees taxed and collected by said justices during any such justice shall pay to him, out of the general fund of said township. And in all townships in the state having therein a city of not less than 45,000 and not more than 60,000 population, according to the last United States census, or the principal part of such city, said trustees shall quarterly, to wit, on the 31st day of March, 30th of June, 30th of September and 31st day of December, in each year, pay out of the general funds to each of the justices of the peace in said township a quarterly salary at the rate of $1,000 per annum. And at the expiration of the term of any such justice shall pay to him, out of the general fund. a proportionate part of said salary for the period covered by such portion of his said term.
This act amends section 8072, Burns' R. S. 1901. See sections 1484c, 1641, as to settlements with justices.
There is an indefiniteness of expression in this section as to the collection of fees from justices in townships having cities of 45,000 to 60,000.
[Acts 1903, p. 112. In force April 23, 1903.]
8073a. Publication of receipts and expenditures.-1. That all township trustees in the State of Indiana shall, within four weeks from the time of the filing of their annual report as now provided for by law, cause to be published by one insertion in each of two leading newspapers of general circulation printed and published in the county, each representing one of the two political parties casting the highest number of votes at the last preceding election, the receipts and expenditures by items as they appear in the annual reports of such trustee: Provided, That where a paper is published in the township the same shall be published in such paper and one other in the county seat. If any such trustee fails to make such publication, then the auditor of the county shall cause such publication to be made. If there be but one newspaper published in such county, then publication shall be made in such newspaper only. Each of such newspapers shall be entitled to five cents, and no more, for the publication of each item for such receipts and expenditures, the same to be paid for out of the township fund: Provided, however, That this act shall not apply to any township wherein is situated a city having a population of one hundred thousand inhabitants or more, according to the last preceding United States census: Provided, That not more than one item shall shall be printed in one line.
If a township trustee issues a warrant for a debt incurred without an order from the county board, when such an order is required by law, a purchaser of such warrant can not sue on the bond of such trustee to recover for losses sustained. State v. Stout, 26 App. 446.
Section 8081, Burns' R. S. 1901, requiring township trustees to procure an order from the county board in certain cases before incurring debts, was not repealed by the act of 1897 creating an auditing board, and warrants issued for debts without complying with such section can not be enforced. Coombs v. Jefferson Tp., 31 App. 131.
[Acts 1905, p. 33. In force February 23, 1905.]
8081a. Funding debts, bonds.-1. That any township in this state, being indebted to an amount beyond the ability of the current taxes to meet, and which indebtedness is evidenced by bonds, notes or other obligations heretofore issued or negotiated by such township, may for the purpose of funding or refunding such indebtedness or any part thereof. reducing the rate of interest thereon, extending the time of payment thereof and canceling so much thereof as may be due, or which shall hereafter become due, upon the vote of all the members of the advisory board of such township, together with the approval of the township trustee of such township, issue its bonds with interest coupons attached, for an amount not exceeding in the aggregate the amount of such indebtedness of such township, which bonds may be of any denomination not less than fifty dollars and not more than one thousand dollars, and shall be payable at any place named therein in equal annual installments, not ex
ceeding in all the period of fifteen years, and shall bear any rate of interest not exceeding six per cent per annum, payable semi-annually, evidenced by coupons attached to such bonds, and may be negotiated at not less than par. The amount of such bonds in no event to exceed the constitutional limit of indebtedness.
8081b. Tax to pay bonds.-2. The advisory board of such township shall add to the tax duplicate thereof annually a levy sufficient to pay the yearly interest on said bonds and to provide a fund for the liquidation of the principal thereof as they become due, and it shall be unlawful for the township trustee or advisory board to apply the funds arising from such levy to any other purpose.
ARTICLE 34.-ADVISORY BOARD.
80851. Buildings and supplies, specifications.
80851. Buildings and supplies, specifications.
If a township trustee incurs an indebtedness for the purchase of school supplies without complying with section 8085i, Burns' R. S. 1901, providing how contracts may be made and debts incurred for such purposes, such indebtedness can not be enforced. Peck-Williamson Co. v. Steen Tp., 30 App. 637.
ARTICLE 35.-GENERAL PROVISIONS.
8088. Removal for intoxication.
Removal for intoxication.
Section 8088, Burns' R. S. 1901, providing for the removal of officers because of intoxication, does not repeal section 3536 of such revision providing for the removal of officers by city councils. State v. City of Noblesville, 157 Ind. 31.
8108p1. Board of pardons.-1. That a board, to be known as the state board of pardons, be and the same is hereby created.
8108q1. Members, appointment, terms.-2. The state board of pardons shall consist of three members, to be appointed by the governor. One member shall be appointed to serve until January 1, 1905, one member to be appointed to serve until January 1, 1906, one member to be appointed to serve until January 1, 1907. As the term of office of each member expires the governor shall hereafter fill such vacancy by appointment, such appointee to serve four years, or until his successor be appointed.
8108r1. Oaths, officers, meetings.--3. Before taking office each member shall subscribe to an oath that he will conscientiously and faithfully discharge the duties of his office. Such board shall select one of its members as president, and one as secretary, and shall meet in the city of Indianapolis at least four times each year, once in each quarter, or at such other times as they may be called together by the president of the board or the governor. The custodian of the State House shall furnish a comfortable and light room for the transaction of such business as may come before such board.
8108s1. Duties, powers, clerk.-4. It shall be the duty of the state board of pardons to examine thoroughly and carefully into the merits of all petitions which may be presented to the governor for the pardon of any person convicted by any court of the State of Indiana, or by any court-martial held under and by the authority of the laws of Indiana, and to report to the governor in writing their conclusions and recommendations in each case; such report to be signed by at least two members of the board. Any two members shall constitute a quorum for the transaetion of business. Such board shall have power to administer oaths, summon all necessary witnesses from any part of the state and compel their attendance, in such manner as the law provides for the attendance of witnesses in any court of the state, and shall have like power as courts of justice to punish for contempt any witness duly served and failing to attend and to testify, and it shall be the duty of the sheriff of any county