for elector to one ballot at case. SEC. 7. If any elector shall cast, or personally offer to Misdemeanor attempt to cast more than one ballot, at such election, for or cast, or offer to against any of the constitutional amendments, he shall be cast more than deemed guilty of a misdemeanor, and, on conviction, shall such election. be fined in any sum, not exceeding five hundred dollars, to Penalty in such which may be added imprisonment in the county jail, not exceeding six months. If any person shall vote or offer to Penalty in case vote on any of said amendments, without being a qualified elector shall elector in the precinct in which he so votes or offers to vote, vote at such he shall be liable to all the pains and penalties provided by election. law for the like offense at a general election. unqualified vote, or offer to State shall be penses, and how SEC. 8. The Secretary of State shall be allowed the Secretary of actual expenses of procuring the ballots, tally sheets, and allowed excertificates, and expenses of distributing the same, to be paid. audited by the Auditor of State, and paid out of the state treasury. The sheriff of each county shall be allowed for Sheriffs shall be his services ten dollars, to be paid out of the county treas- services. ury. The other officers shall be paid from the township Other officers fund, for their services, for the time engaged, as in other pay for services. cases. allowed pay for CHAPTER XII. AN ACT regulating the setting of corner stones or monuments in public highways. [APPROVED MARCH 7, 1879.] stones, in public SECTION 1. Be it enacted by the General Assembly of the How corner State of Indiana, That every stone or monument, here- road or highafter set in any public road or highway, by any county way shall be surveyor, or other person or persons, to mark a section corner, or any division of lands, shall be so placed as not to project above the surface of the ground. Penalty for violating provisions SEC. 2. Any county surveyor, or other person, or persons violating the provisions of this act, or causing the same of this act. to be violated, shall, on conviction, be fined in any sum not less than five, nor more than twenty-five dollars. When aggregate indebtedness of tion over 20,000, amounts to or exceeds one per property, Board ers of such county may in bonds. of such bonds, able. For what pur CHAPTER XIII. AN ACT regulating the indebtedness of counties having a voting popu- [APPROVED MARCH 7, 1879.] SECTION 1. Be it enacted by the General Assembly of the county, having State of Indiana, That where the aggregate indebtedness voting popula of any county in this State, having a voting population of over twenty thousand, as shown by the vote cast for Govcent. on taxable ernor at the last preceding election, amounts to, or exceeds, of Commission- at the date of the passage of this act, one per cent. upon the total of the taxables upon the county tax duplicate for fund such debt the current fiscal year, it shall be lawful for the board of commissioners of any such county, at any time hereafter, to fund so much of said indebtedness as may be outstanding, or any part thereof, whether such indebtedness be then due, or is thereafter to become due, in the bonds of such county, Rate of interest drawing not exceeding six per cent. per annum interest, payand when and able annually, or semi-annually, at such place and time as where to be pay- the board of commissioners of said county may by order, to be spread upon the record of their proceedings, provide, which bonds such board of commissioners is hereby authorized to issue: Provided, however, That such funding bonds ing bonds may shall be issued only for the purpose of taking up and cancelling bonds, warrants, orders, interest coupons, or other missioners and evidences of debt of such county, issued to creditors, or sold County Auditor and delivered before the passage of this act; and to that complete state- end it shall be the duty of the board of commissioners, and auditor of such county, to cause a full and complete statement to be made of the bonds and other evidence of indebtedness of such county, outstanding at the [date of the] passage of this act, which statement shall be made within one shall be signed, hundred and twenty days after the passage of this act, and shall be signed by said board of commissioners and auditor, spread upon the record of the proceedings of the board, and published in one or more newspapers in such county; and any commissioner or auditor, refusing or failing to comply with the provisions of this section, in relation to such and penalty in statement, shall be guilty of a misdemeanor, and fined not less than one thousand, nor more than five thousand dollars. pose such fund be issued. Board of Com shall cause ment to be made of lands and other evi- spread of record and published. Misdemeanor such case. such bonds shall abet in apply cess of amount SEC. 2. Be it further enacted, That the aggregate of the Aggregate of funding bonds, issued under the preceding section, shall not not exceed what exceed the amount of indebtedness of such county at the amount. date of the passage of this act, as shown by the statement Felony to issue, of the commissioners and auditor, as provided in said pre- aid or abet in ceding section; and whosoever shall issue, or aid, or abet in apply, aid or issuing such bonds, exceeding in amount the amount herein ing bonds in exauthorized, or shall apply, aid, or abet in applying the same authorized, or to any other than the purpose, herein authorized, purposes shall be deemed guilty of a felony, and shall be punished thorized. by imprisonment in the State's prison, not less than one, Penalty in such nor exceeding ten years, and be fined in any sum, less than ten thousand dollars; and if he be an officer of such county, brought on offisuit may also be brought upon his official bond for the cial bond of amount issued, or misapplied contrary to the provisions of ing. this act. for other pur poses than au case. Suit may be officer so offend Where aggre gate indebted having voting 20,000, amounts taxable prop not be lawful to indebtedness, loans. SEC. 3. Be it further enacted, That when the aggregate indebtedness, funded or otherwise, of any county of this mess of county State, having a voting population of over twenty thousand, population over as shown by the votes cast for Governor at the last preced-20 or exceeds ing election, amounts to or exceeds one per cent., upon the one per cent. on taxables, borne upon the county tax duplicate for the cur- erty, it shall rent fiscal year, it shall not be lawful to increase such increase such indebtedness in any manner or form whatever, except only except only by by temporary loans in anticipation of the revenue of the temporary then current fiscal year, and not exceeding two-thirds of the amount of the county tax duplicate of the preceding year, payable out of said revenue, and within the current fiscal year; and no temporary or other loan, upon the revenue of any year thereafter, shall be made until all temporary loans upon the revenue of any preceding year have been fully paid; and any ordinance, order, resolution, warrant, certifi- All ordinances, cate obligation, note, contract, or other evidence of indebt-orders, etc., edness, by whomsoever made, or in whatsoever form, to crease indebtedincrease the indebtedness of any such county, except herein provided, shall be absolutely null and void. SEC. 4. Be it further enacted, That it shall not be lawful for the board of commissioners of any county in this assessed in counState, having a voting population of over twenty thousand, ing population as shown by the votes cast for Governor at the last preced- of over 20,000, ing election, to levy and assess a tax for any one year, for what amount. county purposes, exceeding thirty-three cents on the hun- For county purdred dollars returned for taxation upon the county tax For township duplicate for the current fiscal year, and for township pur- purposes. 'poses exceeding three cents on the hundred dollars, but in the Amount of tax township, in which the county seat of such county is located, levied in townthe township tax shall not exceed one cent on the hundred ship in which dollars. as to in ness of county, except as herein provided for, shall be void. Amount of taxes to be ties having vot shall not exceed poses. which may be county seat is located. Warrant shall not be drawn upon County Treasurer when there are no funds therein. County Treas commissioners, informed when urer shall keep auditor, et al., there is no money in the treasury. County Treasurer failing to keep them so notified, shall bond for amount When unlawful for Board of to make appro SEC. 5. Be it further enacted, That no warrant or order for money shall be drawn upon the treasurer of any such county, if, at the time there be no money in the treasury; and to that end it shall be the duty of such treasurer to keep the commissioners, auditor, or other officers authorized to draw orders or warrants, informed when there is no money in the treasury; and failing to do so, he shall be liable, on his official bond, for the amount of orders or warrants drawn during such failure, with interest thereon, to the person in whose favor such order or warrant was drawn. If the auditor, or other person authorized to draw warrants on the treasurer, shall draw any order or warrant upon the treasurer, knowing there is no money in the treasury, he shall be liable, on his official bond, for the amount with interest thereon, to the person to whom such order or warrant was made payable. SEC. 6. Be it further enacted, That it shall not be lawful Commissioners for the board of commissioners of any such county to make any appropriation of money, or order to pay money, unless, at the time, the money to pay the same be in the treasury, or provided for. priation of, or order to pay money. Laws repealed. Emergency. SEC. 7. Be it further enacted, That all laws in conflict with any of the provisions of this act, be and the same are hereby repealed, as to all counties in this State having a voting population of over twenty thousand, as shown by the votes cast for Governor at the last preceding election. SEC. 8. Whereas, an emergency exists for the immediate taking effect of this act, therefore this act shall be in force from and after its passage. Preamble. CHAPTER XIV. AN ACT defining the meaning of the first proviso of the second section of an act entitled "An act to provide for the relocation of county seats, and for the erection of public buildings in counties, in case of such relocation," approved March 2nd, 1855. [APPROVED FEBRUARY 28, 1879.] WHEREAS, The first proviso of the 2nd section of an act entitled "An act to provide for the relocation of county seats, and for the erection of public buildings in counties, in case of such relocation," approved March 2nd, 1855, has been differently construed, and litigation has been occasioned thereby, and other litigation is likely to result therefrom; and WHEREAS, It is important that the true intent and meaning of the said proviso should be well defined; therefore, second section cited. Be it enacted by the General Assembly of the State of In- First proviso of diana, SECTION 1. That the first proviso of the 2nd sec- of said act retion of an act entitled "An act to provide for the relocation of county seats, and for the erection of public buildings in counties in case of such relocation," approved March 2nd, 1855, and which proviso reads as follows: Provided, That the number of votes at the congressional election in such county, next preceding the presentation of such petition to the board of commissioners, with ten per centum added thereto, shall be considered the whole number of votes of such county, and shall be construed, defined and held to How said first mean all legal ballots cast at the general election in said proviso of seccounty at which a congressman was voted for, next preced- of said act ing the presentation of such petition to the county board, strued. with ten per centum thereto added, shall be considered the whole number of votes of said county. ond section shall be con SEC. 2. That an emergency exists for the immediate Emergency. taking effect of this act, and it shall therefore take effect and be in force from and after its passage. CHAPTER XV. AN ACT to authorize appeals from boards of commissioners of a county, in cases of the locating, or removal of county seats, to the circuit court, and from the circuit court to the supreme court of the State of Indiana, by persons aggrieved. [APPROVED MARCH 5, 1879.] Supreme Court grieved, in case removal of county seat. SECTION 1. Be it enacted by the General Assembly of the Appeal allowed State of Indiana, That in all cases of location, or removal to Circuit and of county seats, there shall be allowed an appeal to the by person agcircuit court, and to the supreme court, by any person or of location or persons aggrieved thereby, under the same regulations as now provided by law for appeals in other cases from the board of commissioners, and from the circuit court, the party Bond shall be appealing giving bond for costs, as may be required by the board of commissioners, or by the judge of the circuit court. SEC. 2. All laws and parts of laws, inconsistent herewith, Laws repealed. are hereby repealed. given by party appealing. SEC. 3. An emergency hereby exists for the immediate Emergency. taking effect of this act, therefore the same shall be in force from and after its passage. [3-Gen. Laws.] |