RAILROAD ELEVATION.

It may likewise to exceed twelve hundred dollars per annum. require the services of the city civil engineer, who shall be allowed not to exceed four thousand dollars per annum in addition to his regular salary for his services, and out of which he shall pay his necessary assistants. The action of the board as to the necessity and convenience of such improvement and of the extent or manner thereof, or plans and specifications thereof, and the allotment of the work thereof and apportionment of the cost thereof shall be final and conclusive upon all persons: Provided, That any person, firm or corporation deeming himself or itself aggrieved by such order of said board may appeal therefrom to the superior court of the county in which said city is located within fifteen days from the entry of such order. Upon such appeal being taken all parties shall be deemed bound thereby, and said court, all the judges thereof sitting, may modify or conform [confirm] the order of said board in whole or in part, and the finding and judgment of such court shall be final and binding on all parties and no appeal shall lie therefrom.

Streets-Damages-Notice-Remonstrance-Hearing-Appeal.

SEC. 5. Said board shall likewise provide in such proceeding for the opening, laying out, change or vacation of any street or other public way which may be required by such separation of grades, and the proceedings in relation thereto shall conform as nearly as possible to those provided by the law governing cities of such class. Said board shall likewise determine the damage, if any, which may be recoverable under existing law by any person, firm or corporation on account of such elevation or depression of tracks. Upon the preparation of a list of an assessment of damages, said board shall cause a written notice to be served upon the owner of each piece of property, showing the amount of such assessment, by leaving a copy of the same at his last usual place of residence in said city, or by delivering a copy to such owner personally and shall cause notice to be given by publication in some daily newspaper of general circulation in such city once each week for two consecutive weeks, which shall name a date, not earlier than ten days after receipt of notice or after the last publication, as the case may be, on which said board shall receive and hear remonstrances from any person or corporation touching said assessment of damages, and all persons affected thereby, whether residents or non-residents, shall be deemed to be notfied of such hearing by such published notice. Upon the date set for such hearing, said board shall consider said assessment and remonstrances and modify or confirm the said assessments, which shall be final and binding, except that any person or corporation thus remonstrating may, within twenty days thereafter, take an appeal to the superior

court in the county in which said city is located and have said assessment, in so far as it affects the person appealing, tried and determined in such court, from the decree of which an appeal may be taken to the supreme or appellate court as in other cases. Approval of Work-Settlements-Issue of City Bonds.

SEC. 6. The work of such elevation or depression where the same crosses a street or other highway, including abutments at the side of the street, any supporting posts that may be allowed at the curb or center of the street, and the superstructure with reference to drainage and safety, shall be constructed to the approval of the board and city civil engineer. Said board, by its engineer, shall from time to time, and on completion of the same, inspect the work. Upon completion of the work, or from time to time during its progress upon petition of the city or the railroad charged with the work, or part thereof, said board shall adjust equitable settlements between the parties interested therein, in such manner that the total cost of such alteration shall be apportioned between the parties as theretofore decided on by said board; and such adjustment shall be binding on said parties, unless any aggrieved party shall within fifteen days after the entry of the order of the board thereon, file his complaint in said superior court to review such adjustment, and the decree of such court therein shall be final. Upon each such settlement, the city comptroller shall draw his warrant or warrants upon the city treasurer in payment of its portion of such costs, which may be drawn upon the general funds of the city without a special appropriation being made therefor by the city council, but said city council shall upon the estimate of the city comptroller provide by proper levy of taxes for the raising of funds to meet and defray the expense of such separation of grades, and for such purpose said city is authorized to levy a tax of not more than four cents on each hundred dollars of valuation in addition to the annual levy now authorized by law; upon each such settlement, the county auditor shall draw his warrant or warrants upon the county treasurer in payment of the county's portion of such cost, which may be paid out of the general funds without a special appropriation therefor by the county council, but said county council shall provide therefor in its annual levy of taxes; and the city or county is authorized, respectively, to issue bonds for the purpose of paying their respective parts of the cost of such alteration in grade crossings; and the railroad corporation or corporations, including as well the street railway company, shall upon such adjustment, or decree, pay their portion of such cost. as directed thereby, or in default thereof the same may be placed on the tax duplicate and collected as are special assessments.

Incorporated Town Within City-Portion of Expense.

SEC. 7. Should any incorporated town lie within, or be surrounded by the corporate limits of such city, then such town and its board of trustees shall be liable to and shall pay to said city such portion of the amount annually paid by said city for separation of grades under the provisions of this act as the total assessed valuation of the taxable property of said town shall bear to the total assessed valuation of the taxable property of said city; such payments shall be made at the end of each year upon demand of said city, and the board of trustees of said town is hereby authorized and required to levy the necessary tax to enable it to carry out the provisions of this section.

Aggregate Annual Expenditure-Debt Certificates.

SEC. 8. Where in any one year resolutions have been finally adopted providing for improvements involving an aggregate expenditure of four hundred thousand dollars, as shown by the estimate or estimates of said board, no further resolution shall be adopted until one year from the date of the order confirming the last preceding resolution: Provided, however, Said board may, by resolution or contract with any railroad company or companies, agree upon or order an improvement in the separation of such grades, the cost of which may exceed said sum of four hundred thousand dollars, in which event the work of said improvements shall be so made as to require only the expenditure of said sum of four hundred thousand dollars annually; and to provide therefor, said steam railroad companies, street railway companies, said city and county, are authorized to issue their respective certificates of indebtedness covering such cost, in such manner that not more than four hundred thousand dollars shall fall due in any one year; and no further improvement can be ordered until said certificates are fully paid.

Supplemental to Act of 1891.

SEC. 9. This act shall not repeal any of the provisions of "An act concerning the incorporations and government of cities having more than one hundred thousand population according to the last preceding United States census, and matters connected therewith, and declaring an emergency," approved March 6, 1891, and all acts amendatory and supplemental thereto, but this act shall be deemed and taken to be supplemental to said acts.

Emergency.

SEC. 10. Whereas an emergency exists for the immediate taking effect of this act, the same shall take effect and be in force. from and after its passage.

CHAPTER 83.

AN ACT authorizing any university or college organized or existing as a corporation under any special law, or special charter, having a board of directors, and having capital stock, to provide by by-law or resolu tion that a certain number of the members of its board shall be members of any church or religious denomination as designated by such by-law or resolution, and declaring an emergency.

[H. 318. APPROVED MARCH 3, 1905.]

Corporations-University or College Directors-Certificate. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That any university or college organized or existing as a corporation under the provision of any special law, or special charter, enacted or granted by the general assembly of this state, and having a board of directors, and being a corporation having capital stock, may by a vote of a majority of its capital stock at any stockholders' meeting, whether regular or special, of the stockholders of such corporation, by by-law or resolution enacted or adopted at such meeting provided that at least four-fifths of the members of such board of directors shall be members in good standing and full fellowship of and in any church, or religious denomination, as may be named or designated in such by-law or resolution, and in such by-law or resolution provide that at any election of members of such board of directors there shall first be elected persons to the number of at least four-fifths of the total number of members comprising such board in good standing and in full fellowship in such church or denomination: Provided, That such by-law or resolution shall be enacted or adopted by, on or before the first day of January, 1907: And provided, further, That a certified copy of such by-law or resolution, under the hand of the president of such university or college, or of its board of directors, with the corporate seal of such university or college annexed, and attested by the secretary of such university or college, be filed with the secretary of state of the State of Indiana within three months from the date of the enacting, or adoption, of such by-law or resolution, and upon being thus filed such by-law or resolution shall be taken and deemed to be and as a part of the charter of such university or college.

Emergency.

SEC. 2. An emergency is hereby declared for the immediate taking effect of this act, and the same shall be in full force and effect from and after its passage and approval.

CHAPTER 84.

AN ACT to legalize the incorporation of the town of Galveston, Cass county, Indiana, the election and qualification of its board of trustees, and other officers, and all acts, orders, ordinances, resolutions, by-laws, minutes and the proceedings of the board of trustees of said town, assessments and collection of taxes and other matters connected therewith, and declaring an emergency.

[H. 342. APPROVED MARCH 3, 1905.]

Legalizing Act-Galveston.

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 Galveston, Cass county, Indiana, be and the same are hereby declared to be legal and valid, and all elections of officers of said town of Galveston and all official acts, ordinances, resolutions, by-laws, minutes and proceedings of the board or boards of trustees of said town, and all tax levies, orders and steps taken for the collection thereof for and within said town, are hereby legalized and declared to be legal and valid: Provided, This act shall not affect pending litigation.

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 85.

AN ACT disqualifying certain persons from acting as jurors in suits in the courts of justice of the peace, mayors of cities and in courts presided over by any city judge.

Justice or Municipal Court Jurors, When Disqualified.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That it shall not be lawful for any officers charged with the selection of a panel of jurors to serve in any court of a justice of the peace, mayor of any city, or of any court held by or presided over by a city judge of any city, to select any person to serve as a juror in either of said courts, who has served as a juror in either of said courts, during the six months immediately preceding such selection. And any person who shall have served as a juror in any court of a justice of the peace, mayor of any city, or judge