Emergency.

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

CHAPTER 123.

AN ACT to regulate the speed, operation and registration of locomobiles, automobiles, moter cycles or other motor vehicles upon public highways, and providing penalties.

[S. 8. APPROVED MARCH 6, 1905.]

Motor Vehicles Defined.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the words and phrases used in this act shall for the purpose of this act only be construed as follows: 1, "Motor vehicles" shall include all vehicles propelled by any power other than muscular power, excepting traction engines, road rollers and such motor vehicles as run only upon rails or track.

Speed Regulations.

SEC. 2. That any person or persons operating a motor vehicle on any public highway or in any public place shall not operate the same at any rate of speed greater than is reasonable and proper, having regard to the use in common of such highway or place, or so as to endanger the life or limb of any person, and in no event shall such motor vehicle be operated at a greater rate of speed than eight (8) miles an hour in the business and closely built up portions of any municipality of this state, nor more than fifteen (15) miles an hour in other portions of such municipalities, nor more than twenty (20) miles an hour outside such municipalities.

Ordinances as to Speed.

SEC. 3. That any rate of speed provided in section two (2) of this act shall not be diminished nor prohibited by any ordinance, rule or regulation of any municipality, board or other public authorities.

Motor Equipment Signals.

SEC. 4. Any person or persons operating a motor vehicle shall at all times provide the same with a good and efficient brake and a suitable bell, horn or other signal, and shall upon approaching any person or persons riding, leading or driving a horse, horses, draft animals or other farm animals upon any public highway or in any public place, signal such person or persons with said bell or horn.

either upon overtaking or meeting any such person or persons, giving such person or persons a reasonable time to prepare for the passing of said motor vehicle.

Stop on Signal-Highway Rules.

SEC. 5. That any person or persons operating a motor vehicle shall, upon meeting any person or persons riding, leading or driving a horse, horses or other draft animals or other farm animals on any public highway, upon request or signal by putting up the hand from any such person or persons so riding, leading or driving any horse, horses or other draft animals or other farm animals (if in sufficient light for such signal to be perceptible) immediately bring his motor vehicle to a stop and remain stationary so long as may be reasonable to allow such horse, horses or other draft animals or other farm animals to pass; and upon overtaking on any public highway any person or persons riding, leading or driving a horse, horses or other draft animals or other farm animals the operator of any motor vehicle when signaled as above provided shall reduce the speed of such motor vehicle and before passing shall allow reasonable time for such animal to be driven or conducted to the side of the road: Provided, That the driver of any horse, horses or other draft animals or other farm animals shall, upon the approach of any motor vehicle, drive to the right so as to give to said motor vehicle one-half of the traveled portion of the highway or street, and the operator of any motor vehicle, upon the approach of any driver of horse, horses or other draft animals or other farm animals, shall drive his motor vehicle to the right so as to give one-half of the traveled portion of the highway or street to the driver of said horse, horses or other animals.

Owner to Register with Secretary of State.

SEC. 6. That every owner of a motor vehicle shall, for every such vehicle owned by him, file in the office of the secretary of state a statement of his name and address, with a brief description of the vehicle to be registered on a blank, to be prepared and furnished by such secretary for that purpose. The filing fee shall be one dollar ($1.00); all of which fees to be paid into the general fund of the state treasury as other fees now collected by the secretary of state are required to be paid into the treasury.

Assignment of Number.

SEC. 7. The secretary of state shall thereupon file such statement in his office, register such motor vehicle in a book to be kept for that purpose and assign it a number, beginning with the number one (1), and so on in the order of filing.

Acquiring Motor-Registering.

SEC. 8. Every person acquiring a motor vehicle shall file a like statement with the secretary of state, and such secretary of state shall in like manner file such vehicle and assign it a number. If the vehicle has previously been registered such fact and number assigned it shall be set forth in the statement, and the previous registration shall be canceled, but the number of such previous registration may be assigned under the new registration.

Metal Seal-Display on Vehicle.

SEC. 9. The secretary of state shall forthwith on such registration and without other fee issue and deliver to the owner of such motor vehicle a seal of aluminum or other suitable metal, which shall be circular in form and two (2) inches in diameter, and have stamped therein the words, "Registered in the office of secretary of state of Indiana under the motor vehicle law, No-," with the registration number inserted therein, which seal shall thereafter at all times be conspicuously displayed on the motor vehicle to which such number has been assigned.

Display of Number-Style and Size.

SEC. 10. Every motor vehicle shall also at all times have the number assigned to it by the secretary of state displayed on the back of such motor vehicle in such manner as to be plainly visible, the number to be Arabic numerals, each 4 inches in height, and each stroke to be of a width of one-half (1) inch, and also as a part of such number the first three (3) letters of the state name, such letters to be two (2) inches in height, and no other designating mark shall be required by any city, town or other municipality, nor shall any city, town or other municipality require the payment of any license upon any motor vehicle or by the owner thereof, unless such owner reside in such city, town or other municipality.

Registration by Manufacturer or Dealer.

SEC. 11. "Registration by manufacturers or dealers." A manufacturer of, or a dealer in motor vehicles shall register one (1) of each style or type to be manufactured or dealt in by him, and be entitled to as many duplicate registration seals for each type or style so manufactured or dealt in as he may desire on payment of an additional fee of fifty (50) cents for each duplicate seal. If a registration seal and the corresponding number shall thereafter be affixed to and displayed on every vehicle of such type or style as in this section provided, while such vehicle is being operated on the public highways, it shall be deemed a sufficient compliance with sections six (6), eight (8) and ten (10) of this act, until such vehicle shall be sold or let for hire. Nothing in this section shall

be construed to apply to a motor vehicle employed by a manufac turer or dealer for private use or for hire.

Non-Residents.

SEC. 12. The provisions of sections seven (7) to ten (10), in clusive, shall not apply to motor vehicles owned and operated by non-residents of this state, provided the owners thereof have complied with any law requiring the registration of owners or in force in the state, territory or federal district of their residence, and the registration number showing the initial of such state, territory or federal district shall be displayed on such vehicle substantially as provided by section ten (10) of this act.

Penalties.

SEC. 13. If any person neglects or refuses to comply with any of the provisions of this act he may, on conviction thereof, before any justice of the peace or other court having jurisdiction, be pun ished by a fine not exceeding fifty dollars ($50.00).

Repeal.

SEC. 14. All laws and parts of laws in conflict with the pr visions of this act are hereby repealed.

CHAPTER 124.

AN ACT providing for the construction of drains and sewers in counties having a city therein of not less than 59,000 nor more than 100,000 population, according to the last preceding United States census, providing a method for assessing and collecting benefits from the prop erty holders owning lands benefited thereby, and by the division of the remainder of the cost between such county and such city, and authorizing such city to issue improvement bonds, and declaring an emergency.

[S. 193. APPROVED MARCH 6, 1905.]

Drainage County with City 59,000 to 100,000-Procedure.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That whenever any owner or owners of any tract or tracts of land lying outside the corporate limits of any city having a population of between 59,000 and 100,000, according to the last preceding United States census, in this state; or whenever any owner or owners of any tract or tracts of land lying contiguous with or near such tract or tracts of land without such city, and lying within the corporate limits of such city which would be benefited by drainage and which drainage would benefit public

highways of the county and streets and alleys of the city, and which would benefit the public health and be of public utility, and which territory can not be adequately and permanently drained without affecting other lands and without incurring cost in excess of the pecuniary benefits to the property drained, such owner, or owners, may apply for such drainage, by petition to the circuit court or the superior court in the county in which the lands of the petitioner or petitioners are situated. The petition shall describe in tracts of forty acres according to fractions of government surveys, or less tracts when they exist; and all lands either within or without said city benefited thereby which has been platted as shown by the plat book of such city or county shall be described by lots. Such petition shall be sufficient to give the court jurisdiction over all lands described therein and power to fix a lien thereon, if they are described as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfer kept by the county or section of the county where the same is situated. If the right of way of any railroad or street railway company is believed to be affected it shall be sufficient to describe it as the right of way of such railroad company, naming it through section, township and range, giving the numbers of the same. It shall also state that in the opinion of the petitioner either that the public health will be improved or that one or more public highways of the county, or street, or streets within the corporate limits of such city will be benefited by the proposed drainage, or that the proposed work will be of public utility, and it shall state generally the course and location of such drainage, and the method by which it is believed that such drainage can be accomplished in the cheapest and best manner. All assessments made against all tracts, parcels, and lots of land as they may be benefited by such drainage shall be in equitable proportions as the drainage commissioners may deem just, and the final assessment when made shall be a lien upon all tracts, parcels or lots assessed prior to all other liens except taxes and shall be collectible without relief from valuation or appraisement laws with reasonable attorney's fees by foreclosure in any court of competent jurisdiction as mortgages are foreclosed. Any mistake in the description of property, or in the name of the owner in the final assessment shall not vitiate such lien.

Drainage Commissioners.

SEC. 2. The drainage commissioners named herein shall consist of the drainage commissioner appointed, or to be appointed, by the board of commissioners of the county in which such city is located, and the county surveyor of such county and the city civil engineer of such city.