If work done under this section by authority of a board of county commissioners exceeds $5,000 in cost, bonds may be issued to obtain money to pay such cost. Kessler v. State ex rel., 178 Ind. 191, 98 N. E. 1089.

In proceedings to tile an existing drain, the length of such drain may be extended when necessary to obtain a proper outlet. Conners v. Hepp, 181 Ind. 484, 104 N. E. 850.

If a court of general jurisdiction establishes a drain over an existing drain that was constructed under the authority of the board of county commissioners, the judgment of such court establishing the drain is not subject to a collateral attack. Williams v. Osborne, 181 Ind. 670, 104 N. E. 27.

This section does not supersede section 6141, and subsequent sections of the Revised Statutes of 1914, which provide for the construction of new drains, nor does it prevent circuit courts from establishing drains over the lines of existing drains that were constructed under the authority of county commissioners. Hauschild v. Roth, 181 Ind. 183, 104 N. E. 1; Croxton v. Fair, 181 Ind. 361, 104 N. E. 643; Woodring v. McCaslin, 182 Ind. 134, 104 N. E. 759; Clifton v. McMains, 184 Ind. 539, 111 N. E. 801.

This section does not limit drainage commissioners in repair of drains but authorizes them to render a drain sufficient to perform the service originally intended. Huffman v. Newlee, Ind., 124 N. E. 731.

Under this section the tribunal which established the ditch has exclusive original jurisdiction of a petition for repair. Huffman v. Newlee, Ind. 124 N. E. 731.

Where drainage ditch is constructed under this section, the circuit court ordering the construction has jurisdiction to order repair. Love v. Jones, Ind. 127 N. E. 549.

[Acts 1919, p. 27. In force May 15, 1919.]

6174c. Trustees, appointment, election, terms, salary.-2. In each sanitary district incorporated under this act, the judge of the circuit court of the county in which the said district or a major portion thereof is located, shall within a period of thirty (30) days after such incorporation, appoint five (5) trustees who shall be resident freeholders and qualified voters in said district, and not more than three (3) of whom shall be members of the same political party, and not more than three (3) of whom shall be appointed from any one (1) municipality in such district: Provided, That if there be not more than five (5) municipalities in such district, one (1) of said trustees shall be appointed from each of said municipalities, and if there be less than five (5) municipalities in such district, then one (1) of said trustees shall be appointed at large from said sanitary district. Three (3) of said trustees first appointed shall hold their office respectively for one (1), two (2), and three (3) years from the first Monday in May next after their said appointment, and two (2) of said trustees first appointed shall hold their office for four (4) years from the first Monday in May next after their appointment, and all until their successors are appointed and have qualified; and thereafter on or before the second Monday in April of each year, the said circuit judge, or appointive board hereinafter mentioned, as the case may be, shall appoint

one (1) trustee whose term shall be for a period of four (4) years, commencing on the first Monday in May of the year in which they are respectively appointed, except that on the second Monday in April of every fourth year two (2) trustees shall be appointed for a period of four (4) years each commencing on the first Monday in May of the year in which they are appointed: Provided further, That in case such sanitary district, or a major portion thereof is located in a county having a superior court, presided over by two (2) or more judges, it shall be the duty of the judge of the circuit court to call such superior court judges to his assistance in making such appointments, and such circuit court judge, together with said superior court judges, shall constitute an appointive board for the purpose of making such appointments, and such appointive power shall rest in a majority of said board. The length of the term of the trustees first appointed shall be determined by lot at their first meeting. Said appointive power shall have the right to remove any trustee from office at any time and to fill all vacancies created by such removal, or by any other cause, such appointment to be for the unexpired term and until a successor is appointed and has qualified. Said trustees shall receive a salary of five hundred dollars ($500) a year each, to be paid to said trustees out of the funds of said sanitary district at such time or times as the board of trustees may determine, and each shall be required to give bond for the faithful discharge of the duties of the office in such amounts and with such sureties as may be required by said appointive power.

Said trustees shall, from the time of their appointment, as provided in this act, be construed to be in law and in equity a body corporate and politic by the name and style of "The Board of Sanitary Trustees of the County of -" and as such and in such name

may prosecute and defend suits and have all other duties, rights and powers incident to corporations, not inconsistent with the provisions of this act.

This section amends section 6174c Revision of 1914, and not section 6174c Supplement of 1918, which is changed to 6174x in this Supplement.

The title to this act refers to section 6174b to 6174n, possibly intending 6174b to 6174u.

6174d. Board of trustees, corporation, powers.-3. The trustees provided for in the preceding sections of this act, shall constitute a board of trustees for said sanitary district and shall manage and control all the affairs and property of such sanitary district. Said board of trustees shall have the right and power to elect a clerk, treasurer, chief engineer and attorney for such sanitary district, which officers shall hold their respective offices during the pleasure of said board,

and shall give such bonds for the faithful performance of their duties as may be required by said board.

Said board of trustees shall also have power to employ and prescribe the duties and fix the compensation of all necessary officers and employees of said sanitary district. Said board of trustees shall have full power to pass all necessary ordinances, resolutions, orders, rules and regulations, for the proper management and conduct of the business of said sanitary district, and shall have power to carry into effect the ordinances, orders, resolutions, rules and regulations of said sanitary district, for the business for which said district is formed.

Said board of trustees shall organize by electing one (1) of their number president, whose duty shall be to preside over all meetings of said board, and to call all special meetings of said board when he or a majority of said board deem such meetings necessary and in case said president should fail or refuse to call such meeting or meetings, then such meeting or meetings may be called by a majority of said board. Said board of trustees shall adopt rules and regulations for the conduct of the business of said board, and shall fix a stated time at which the regular meetings of said board shall be held. Said board of trustees shall establish an office within said district and shall cause to be kept a full, complete, accurate and itemized account of all its proceedings, ordinances, orders, resolutions, rules and regulations. A majority of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day. A concurrence of the majority shall be necessary to any action of such board. No trustee or employee of such district shall be directy or indirectly interested in any contract, work or business of the district, or the sale of any article, the expense, price or consideration of which is paid by such district, nor in the purchase of any real, personal or other property belonging to the district, or shall be sold for taxes or assessments, or by virtue of legal process at the suit of said district. Provided, That nothing herein shall be construed as prohibiting the appointment or selection of any person as trustee or employe whose only interest in said district is as owner of real estate in said district or as contributing to the payment of taxes levied by the said district. The trustees shall have the power to provide and adopt a corporate seal for the district.

This section amends section 6174d Revision of 1914.

[Acts 1919, p. 27. In force May 15, 1919.]

6174g. Channels and drains, incinerating or reduction plants.—6. The board of trustees of any sanitary district organized under this act, shall have power to provide for the drainage of such district by laying out, establishing, constructing and maintaining one (1) or

more main channels, drains, ditches and outlets, for carrying off and disposing of the drainage, including the sewage of such district, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed, and to provide for the construction and maintenance of sewage disposal plants and works for disposing of the sewage of said district: Provided, That such drains, ditches, adjuncts, additions, sewage disposal plants, works, mains, channels, outlets and any other improvements established or constructed by said sanitary district shall serve and benefit the entire territory within such sanitary district and not otherwise: Provided, That nothing in this act shall be construed to limit the power of the municipalities included in said sanitary district from constructing and establishing drains and sewers within the corporate limits of such municipality: Provided further, however, That before any general outlet, main, or trunk sewer shall be constructed by any such municipality, included in said sanitary district, a plan or profile of any such proposed general outlet, main or trunk sewer, shall be filed in the office of the board of trustees of said sanitary district, and be approved by said board. Such main channels, drains, ditches and outlets for carrying off and disposing of the drainage, including the sewage of such district, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed, and such disposal plants and works for disposing of the sewage of said district, may extend outside the territory included within such sanitary district and the rights and powers of said board of trustees over the portion of such channel or outlet or sewage disposal plant, or works, lying outside of such district, shall be the same as those vested in said board over said portions of such channels or outlets, plants or works, within the said district.

Such board may also treat and purify such sewage so that when the same shall flow into any lake or other watercourse, it will not injuriously contaminate the waters thereof, and may adopt any other feasible method to accomplish the object for which such sanitary district may be created, and may also provide means whereby the said sanitary district may reach and procure supplies of water for diluting and flushing purposes: Provided, however, That nothing herein contained shall be construed to empower or authorize such board of trustees to operate a system of water works for the purpose of furnishing or delivering water to any such district or the inhabitants thereof. Nothing in this act contained shall authorize said trustees to flow the sewage of such district into Lake Michigan and

any such plan for sewage disposal by any sanitary district organized hereunder, is hereby prohibited.

The said board shall have the further power to erect any incinerating or reduction plant or other plants for the destruction or disposal of garbage, filth, ashes, dirt and rubbish, and to operate said plant or plants in connection with sewage disposal and treatment, and may sell any by-products derived from such sewage, garbage, filth, ashes or rubbish, and any revenue derived therefrom, in any amount over and above the amount needed for maintenance shall be paid into and become a part of the sanitary district fund.

This section amends section 6174g Revision of 1914.

[Acts 1919, p. 27. In force May 15, 1919.]

61741. Bonds issued.-8. Said sanitary district may borrow money for its corporate purposes and may issue its bonds therefor, but it shall not become indebted in any manner, or for any purpose whatsoever, beyond an amount in the aggregate of two per cent (2%) of the valuation of the taxable property within said district, to be ascertained by the last assessment for state and county taxes, previous to the incurring of said indebtedness.

All bonds authorized by said board of trustees shall be exempt from taxation, and said bonds shall not bear a greater rate of interest than five per cent (5%) per annum, payable semi-annually, but in no event shall such bonds be sold for less than par.

This section amends section 6174i Revision of 1914.

[Acts 1919, p. 27. In force May 15, 1919.]

6174k. Contracts, bidders, publication.-10. All contracts for work to be done by said sanitary district, where the expense will exceed five hundred dollars ($500) shall be let to the lowest responsible bidder, after fifteen (15) days public notice of the terms and conditions upon which such contract is to be let, notice of the letting of such contract having been given by publication in a newspaper of general circulation published in said district. The said board of trustees shall have the power and authority to reject any and all bids and to readvertise. All contractors shall be required to give a bond for the faithful performance of their contract in such amount and with such sureties as the said board of trustees may require. This section amends section 6174k Revision of 1914.

61741. Tax levy.-11. The board of trustees may levy and collect taxes for the corporate purposes of said sanitary district upon all the property within the territorial limits of such sanitary district. The aggregate amount of which taxes levied in any one (1) year shall not exceed one-fourth of one per cent (14 of 1%) of the valua