the title of real estate in counties wherein defects in the chain of title appears by reason of the destruction of the deed records of such counties by fire prior to the year 1870, and declaring an emergency," approved March 9, 1903, be and the same is hereby amended to read as follows:

Records Destroyed by Fire-Deeds Valid.

Section 1. That in all cases where there shall exist a defect in the title to any of the lands in any county in the State of Indiana, which defects of title are due to the destruction of the deed records of such counties by fire, which fire occurred prior to the year A, D. 1875, the title to such lands is hereby made valid in the owner thereof as against any defects in the title thereto resulting from the destruction of the deed records of such counties as aforesaid: Provided, That this act shall in no wise affect the title in any such lands, the defects in which title shall not be due to the destruction of the records as aforesaid: Provided, That nothing in this act shall in any way interfere with any litigation now pending in any of the courts of this state.

CHAPTER 14.

AN ACT to legalize the incorporation of the town of Lapel, Madison county, Indiana, the election and qualification of its board of trustees and other officers, and to legalize each and all of the acts of said board, and of each and all of said officers of said town, and to legalize and make valid each and all acts, orders, ordinances, resolutions, street and sidewalk assessments, by-laws, contracts, minutes and the proceedings of the board of trustees of said town, assessments and the collections of taxes and other matters connected therewith, and declaring an emergency.

[S. 14.

Legalizing Act-Lapel.

APPROVED FEBRUARY 17, 1905.]

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That all steps taken and acts done in the incorporation of the town of Lapel, Madison county, Indiana, be and the same are hereby declared to be legal and valid, and that the election of the board of trustees and all of the several officers of said town are hereby legalized and rendered valid; that each and all of the acts, orders, ordinances, resolutions, street and sidewalk assessments, by-laws, contracts, minutes and the proceedings of the board of trustees, and of each and all of the several officers of said town acting as such and in relation to the records thereof and concerning all tax levies made and assessments and collection of

taxes and license in said town; and concerning the streets and alleys and sidewalks thereof, and of the grading, repairs and improvements of the same be and are hereby declared to be legal and valid: Provided, however, That nothing in this act shall in any way affect any suit now pending in any of the courts of this state. Be it further provided, That nothing in this act shall in any way affect any acts, resolutions, ordinances or contracts of said board of trustees of said town not already completed, and not already executed.

Emergency.

SEC. 2. Whereas, an emergency exists for the immediate taking effect of this act, therefore the same shall be in full force and effect from and after its passage.

CHAPTER 15.

AN ACT concerning the payment of taxes assessed upon omitted property and providing the manner in which the costs of collecting same shall be paid, and declaring an emergency.

[S. 47.

APPROVED FEBRUARY 17, 1905.]

Taxation Omitted Property-Costs of Collecting.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That where boards of county commissioners in this state have made or may hereafter make contracts for the discovery of, and report for assessment and taxation, omitted property and cause the taxes to be collected upon the same, there shall be deducted from the gross amount of said taxes so collected the total cost and expense of such investigation and collection and the remainder shall be distributed pro rata among all the funds entitled to receive the same: Provided, That the provisions of this act shall not be construed for the purpose of affecting any settlement heretofore made between the auditor of state and the county treasurers of the state.

Emergency.

SEC. 2. Whereas an emergency exists for the immediate taking effect of this act the same shall be in full force and effect from and after its passage.

CHAPTER 16.

AN ACT to amend the first section of an act to enable counties to receive donations of buildings and grounds for high school purposes, and to provide for the maintenance of the same, and to declare an emergency, in force March 11, 1889.

Amendment.

[S. 71. APPROVED FEBRUARY 17, 1905.]

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the first section of an act to enable counties to receive donations of buildings and grounds for high school purposes and to provide for the maintenance of the same, and to declare an emergency, in force March 11, 1889, be and the same is hereby amended to read as follows:

County Commissioners-Donations for High Schools.

That whenever any person, or persons, shall donate to any county of the state, any building, or buildings, together with the necessary grounds, of the value of not less than $20,000, in counties having a population of 25,000 and less, and in counties having a population in excess of 25,000, $30,000, for the purpose of maintaining a county high school therein, it shall be the duty of the board of county commissioners of such county to accept such donation for the purpose herein named.

CHAPTER 17.

AN ACT to amend secton two of an act entitled "A bill to amend an act making it unlawful to give, barter or sell tobacco to certain children or to others for their use, or to induce said children to use the same, and providing penalties for violation thereof," approved February 9, 1893, and declaring an emergency.

Amendment.

[S. 85. APPRoved FebruaRY 17, 1905.]

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section two of the above entitled act, being section 2185a of Burns' annotated Indiana statutes, revision of 1901, be and the same is hereby amended to read as follows, to wit:

Tobacco Furnishing to Children-Penalty.

Any person who violates the provisions of this act shall be deemed guilty of a misdemeanor and, on conviction thereof, shall

be fined in any sum not less than ten dollars nor more than one hundred dollars, and to which may be added imprisonment in the county jail not more than thirty days nor less than ten days.

Emergency

SEC. 2. That, whereas an emergency exists for the immediate taking effect of this act, the same shall be in force and effect from and after its passage.

CHAPTER 18.

AN ACT for the relief of the Indiana state board of agriculture, authorizing it to borrow money to pay off its existing indebtedness and for other purposes, and to repeal so much of an act concerning the state board of agriculture, approved April 14, 1881, as is now in force, being sections 2796, 2797 and 2798 in Burns' annotated Indiana statutes of the revision of 1901, and other matters properly connected therewith; and providing for an emergency.

Preamble.

[S. 114. APPROVED FEBRUARY 17, 1905.]

WHEREAS, The Indiana state board of agriculture is indebted in the sum of about forty-five thousand dollars ($45,000.00) for unpaid purchase money on a part of its lands, known as the state fair grounds, near to Indianapolis, in Marion county, Indiana, which sum it is unable to pay at the present time; and also needs and will need from time to time further sums to be used in erecting and maintaining necessary buildings and making other and permanent improvements from time to time, so as to enable it at all times to fully perform and discharge its duties under the law; and WHEREAS, The indebtedness described in said act of April 14, 1881, published in the acts of said year at page 84, have each and all been long since fully paid and satisfied; now, therefore, Indiana State Board of Agriculture-May Borrow Money-Uses. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the Indiana state board of agriculture be and is hereby authorized and empowered to borrow money at such times and in such amounts as may be necessary for the payment of the existing indebtedness now outstanding for a part of the real property of the said state board of agriculture, known as the state fair grounds, near Indianapolis, Marion county, Indiana; and other sums from time to time for the purposes of erecting and maintaining proper and necessary buildings and improvements to enable it at all times to carry out, perform and discharge its duties in giving

2-Laws.

state fairs and other purposes; and for the security and repayment of such loans, with interest, to mortgage its said real property, consisting of about two hundred and fourteen (214) acres, situate near to the city of Indianapolis, Marion county, Indiana, and commonly known as the state fair grounds, together with the improvements now and hereafter placed thereon. And the said board is authorized and empowered to apply the moneys borrowed to the payment of a certain note executed to Columbia national bank in part payment of the purchase price of said two hundred and fourteen (214) acres of land, and also of an existing mortgage on a part of said fair grounds and premises made to Mrs. Theresa H. Smith; and to take up said indebtedness by whomsoever held and to cancel all the notes, mortgages and obligations so outstanding; and to use the remainder of any sum so borrowed, and other sums hereafter borrowed from time to time, in erecting new buildings on said fair grounds and in making and maintaining improvements and repairs. But the aggregate indebtedness occasioned by such loans shall not exceed the sum of eighty thousand dollars ($80,000.00) at any one time. And the rate of interest shall not exceed six (6) per centum per annum.

Evidence of Indebtedness-How Authorized.

SEC. 2. Any and all notes, bonds or mortgages given, issued or executed by said Indiana state board of agriculture shall be authorized by a majority of said board in session and signed by its president and secretary and attested by its corporate seal.

Power to Mortgage Property-Bonds.

SEC. 3. The said board shall have power from time to time to mortgage all or so much and such parts of said described Indiana state fair grounds as its board of directors may determine in manner and form as described in section 1. To secure such loans and if deemed best by such board, then the Indiana state board of agriculture is hereby given power and authority under this act to issue bonds as well as notes in making any loan or loans in such denominations and amounts as the said board may from time to time determine, with interest coupons attached in the usual manner; such notes and bonds to be made payable at such times and on such terms and conditions as may to the board seem best; and to secure such bonds as well as notes by a mortgage or mortgages upon all or any part of said lands. Any and all notes and bonds so authorized bearing such rates of interest as may be determined not exceeding six (6) per cent. per annum and secured as aforesaid, the board may sell from time to time at such prices as the majority of the members of said board may authorize and direct at not less than

par.