of any city court shall be disqualified to act as a juror in either of such courts at any time within six months after he has so served. And should any person be selected as such juror contrary to the provisions of this act, it shall be sufficient cause for challenge.

CHAPTER 86.

AN ACT entitled an act to legalize special elections heretofore held for authorizing the improvement of county and township roads in any county in this state having a population, according to the last preceding census of the United States of America, of not more than 30,000, and to legalize contracts heretofore made for the construction of any such improvement, and to legalize and make valid any and all county bonds heretofore executed or to be executed on account of any such improvement authorized by any such special election, and to legalize all acts of the board of county commissioners in relation to any such election, contract and bonds, and all acts of the board of county commissioners in relation to the assessment of taxes for the construction of any road authorized by any such special election, and declaring an emergency.

[H. 425. APProved March 3, 1905.]

Legalizing Act-County of 30,000-Special Highway Elections. SECTION 1. Be it enacted by the general assembly of the State of Indiana, That all special elections heretofore held for authorizing the improvement of county and township roads in any county in this state having a population of not more than 30,000 according to the last preceding census of the United States of America, are hereby legalized and made valid, and all contracts heretofore made for the construction of any such improvement, and all bonds heretofore executed or to be executed on account of any such improvement authorized by any such special election are hereby legalized and declared valid and that all acts of the board of county commissioners in relation to any such election, contract and bonds and all acts of the board of county commissioners in relation to the assessment of taxes for the construction of any road authorized by such special election are hereby legalized and declared valid.

Emergency.

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

HIGHWAYS-JURORS.

CHAPTER 87.

AN ACT concerning highways located on abandoned railroad right of ways, and providing for the repair of the same as free gravel roads.

[S. 26. APPROVED MARCH 4, 1905.]

Highways-On Abandoned Railroad Right of Way.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That any highway located or that may be hereafter located upon any abandoned railroad right of way within the state, shall become a free gravel road and a part of the free gravel road system of this state, and shall be kept in repair thereafter the same as other free gravel roads are kept in repair, and shall be subject to and governed by the same laws governing the repair and keeping in repair of free gravel roads: Provided, That such highway shall be in good condition and repair as a gravel road or turnpike when this act shall take effect, or shall thereafter be put in good condition and repair.

CHAPTER 88.

AN ACT providing for the drawing, summoning and impaneling of juries from adjoining counties in certain criminal cases, and declaring an emergency.

[S. 101. APPROVED MARCH 4, 195]

Jurors from Adjoining Counties-Order-Transcript.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That when a prosecution for a felony is pending in any court of this state having jurisdiction, and before or during the impaneling of a jury therein, the judge of such court shall be satisfied, after having made a fair investigation in good faith for that purpose, that from any cause it will be improbable that a jury, without bias or prejudice, can be obtained within the county wherein the prosecution is pending, he shall enter an order of such determination and shall include in such order a request upon the judge of the circuit court of an adjoining county to be named in such order, to forthwith procure the drawing of names for a jury to be summoned to appear before the court to serve as jurors in such cause at a time to be named in such order. And the clerk of the court wherein such order is made shall forthwith. transmit a transcript of such order to the judge of the circuit court of the county therein named,

Duty of Jury Commissioners-Summons by Sheriff.

SEC. 2. Immediately upon the receipt of such transcript, the judge of the circuit court to which such transcript is addressed shall call together the jury commissioners of the county therein named, and such jury commissioners shall immediately proceed to draw from the jury box of such county twenty-five names. Such drawing to be in all respects as provided for the drawing of jurors in other cases, and the clerk of such circuit court shall immediately certify the list of names so drawn to the clerk of the circuit court of the county wherein said cause is pending and shall also issue a summons directed to the sheriff of his county for such persons to appear at court where said cause is pending at the time named in the transcript aforesaid, and such sheriff, upon the receipt of such summons shall immediately summon said persons and shall forthwith make return of service of such writ to the court, where said cause is pending.

Additional Jurors-Summons.

SEC. 3. If upon the impaneling of the jury, it shall be found that a fair and impartial jury can not be secured from the names selected as provided in the foregoing section, then the sheriff of the county where said cause is pending shall be ordered by the judge of such court to proceed to an adjoining county and summon from the body of its citizens a sufficient number of qualified resident freeholders of such county to complete such panel.

Attachment-Contempt.

SEC. 4. If any person so summoned as herein provided shall fail to obey such summons he shall be subject to attachment and proceedings for contempt by the court where said cause is pending, the same as in other cases.

Compensations.

SEC. 5. The sheriff, clerk, jurors or other officer shall receive for their services the same fees, mileage and per diem as are provided by law for like services in other cases, to be paid by the county in which said cause originated upon the order of the court trying the same.

Emergency.

SEC. 6. Whereas an emergency exists for the immediate taking effect of this act, the same shall be in force from and after its

passage.

SCHOOL BOARD.

CHAPTER 89.

AN ACT to amend sections eighteen (18) and twenty-three (23) of an act entitled "An act concerning common schools in cities having more than one hundred thousand population, providing penalties for the violation of the provisions thereof, and declaring an emergency," approved March 4, 1899, and also to amend section one of an act amendatory of section five (5) of the act last named, said amendatory act being entitled "An act to amend section five of an act entitled 'An act concerning common schools in cities having more than one hundred thousand population, providing penalties for the violation of the provisions thereof, and declaring an emergency,' approved March 4, 1899, and declaring an emergency," approved March 12, 1901, and declaring an emergency.

Amendment.

[S. 134. APPROVED MARCH 4, 1905.]

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That section eighteen (18) of an act entitled "An act concerning common schools in cities having more than one hundred thousand population, providing penalties for the violation of the provisions thereof, and declaring an emergency," approved March 4, 1899, be amended to read as follows:

Cities of 100,000-School Boards-Auditor-Assistants-Duties,
Etc.

Section 18. The auditor shall submit to the commissioners annually and oftener if required by them a report of the accounts of the board, verified by his oath, exhibiting the revenues, receipts, disbursements, assets and liabilities, the sources from which the revenues and funds are derived, and in what manner the same He shall give bond for the faithful have been disbursed. discharge of his duties in the sum of five thousand dollars ($5,000.00), with not fewer than two sureties, or a surety company, to the approval of the commissioners, which bond shall be filed with the secretary. The auditor of said board shall receive no compensation for his services as auditor, but the board shall provide for the appointment of such assistants for the auditor as it shall deem necessary, and fix their compensation, which shall be paid monthly out of the school funds, but such assistants shall be appointed by the auditor. The time of such assistant or assistants shall be at the command of the board to render such services in addition to those already prescribed by law as the board shall require.

Buildings, Repairs, Etc.-Business Director-Bids.

SEC. 2. That section twenty-three (23) of said act named in section one hereof be amended to read as follows:

Section 23. When the board determines to build or enlarge a school house, or make any improvement of [or] alterations thereon, the cost of which shall exceed five hundred dollars ($500.00), save when by formal vote the board decides to make such improvements at a cost of not to exceed two thousand five hundred dollars by the labors of its own employes, the business director shall advertise weekly for bids for a period of three weeks, beginning at least twenty-one days before the opening of the bids. The advertisement shall be inserted in two newspapers of general circulation in the city and shall be entered in full in the records of the board. The bids duly sealed shall be presented to the board at the time fixed in the advertisement for bids, at which time. the board shall meet, and none shall be received after that hour, and they shall immediately be opened by the business director, be publicly read by the secretary and be immediately thereafter entered in full in the records of the board. The board shall provide by general rules the conditions of all bids, but none but the lowest responsible bids shall ever be accepted. The business director may, at his discretion, reject all bids and whenever there is any reason to suspect collusion the bids of all concerned therein shall be rejected. If the amount of the expenditure does not exceed two thousand five hundred dollars ($2,500.00) two weeks' notice shall be sufficient.

Organization of Board-Secretary-Treasurer-Salaries.

SEC. 3. That section one of an act entitled "An act to amend section five (5) of an act entitled 'An act concerning common schools in cities having more than one hundred thousand population, providing penalties for the violation of the provisions thereof, and declaring an emergency,' approved March 4, 1899, and declaring an emergency," approved March 12, 1901, be amended to read as follows:

Section 1. Be it enacted by the General Assembly of the State of Indiana, That section five (5) of an act entitled "An act concerning common schools in cities having more than one hundred thousand population, providing penalties for the violation of the provisions thereof, and declaring an emergency," approved March 4, 1899, be amended to read as follows:

Section 5. The board of school commissioners shall organize annually at their first regular meeting in January by choosing one of their number president, another vice-president, electing a secretary, who shall not be one of their number, and who shall receive a salary to be fixed by the school commissioners, which salary shall not exceed $2,000.00 per annum. The term of office of the secretary shall be one year, but whenever the secretary, who shall have served one year, shall be re-elected to succeed