CHAPTER 141.

AN ACT to provide for the election of school trustees in cities and incorporated towns, prescribing their terms of office and their powers and duties in relation thereto, and repealing all laws in conflict therewith.

[S. 166. APPROVED MARCH 6, 1905.]

School Trustees-Election-Terms-Duties.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the common council of each city and the board of trustees of each incorporated town of this state shall at a regular meeting of such common council or board of trustees, after the. incorporation of such city or town elect three school trustees, who shall hold their offices one, two and three years, respectively, from and after the first day of the next succeeding August. The term of each of said trustees shall be determined by lot at the time of such election by such common council or board of trustees, and annually thereafter the common councils of each city and the board of trustees of each incorporated town, at their regular meetings in the month of June, shall elect one school trustee, who shall hold his office for three years from the first day of the next succeeding August. Such trustees shall constitute the school board of the city or town, and before entering upon the duties of their offices they shall take an oath faithfully to discharge the duties of the same. They shall meet within five days after the first day of August of each year and organize by electing one of their number president, one secretary and one treasurer. The treasurer, before entering upon the duties of his office, shall execute a bond to the acceptance of the county auditor, conditioned as an ordinary official bond, with at least two sufficient freehold sureties, who shall not be members of said board, in a sum not less than double the amount of money which may come into his hands within any one year by virtue of his office. The president and secretary shall each give bond, with like sureties, to be approved by the county auditor, in any sum not less than one-third of the treasurer's bond: Provided, That in case of a newly incorporated city or town such trustees shall meet within five days of their election and organize by electing the officers and giving the bonds as herein provided, which officers and bonds shall be continued until the first day of August next succeeding such organization. All vacancies that may occur in said board of school trustees shall be filled by the common council or board of trustees of the town, but such election to fill a vacancy shall only be for the unexpired term. The board of school trustees shall within five days after the first day of August of each year reorganize their boards and execute

their bonds for the ensuing year. Said trustees shall receive for their services such compensation as the common council of the city or the board of trustees of the town may deem just, which compensation shall be paid from the special school revenue of the city or town: And, provided, further, That the present incumbents of the offices of school trustees of any city or town shall hold their offices until the first day of August next succeeding the expiration of their terms: Provided further, That the provisions of this act relative to the appointment of school trustees shall not be mandatory upon those incorporated towns wherein the school corporations have been or shall hereafter be abandoned.

Cities Excepted.

SEC. 2. The provisions of this act shall not apply to cities of over fifty thousand inhabitants, according to the last preceding United States census.

Repeal.

SEC. 3. All laws and parts of laws in conflict herewith are hereby repealed.

CHAPTER 142.

AN ACT legalizing the acts of the Morocco cemetery association, of Morocco, Indiana, and the acts of the trustees and officers thereof, and declaring an emergency.

[S. 183. APPROVED MARCH 6, 1905.]

Legalizing Act-Morocco Cemetery Association.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That all of the acts heretofore done in regard to the organization and management of the Morocco Cemetery Association, of Morocco, Indiana, and the election of officers thereof, are hereby in all things legalized: Provided, That nothing in this act shall affect any 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 143.

AN ACT fixing the per diem of the commission appointed by the governor of the State of Indiana to codify the mining laws of the State of Indiana, under act of March 12, 1901, making appropriation therefor and declaring an emergency.

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

Mining Laws-Codification-Compensation.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the members of the commission appointed by the governor of the State of Indiana to codify the mining laws of the State of Indiana, under the act of March 12, 1901, be and they are each thereby [hereby] allowed the sum of five dollars ($5.00) per day and actual expenses for all time necessarily expended by each of them in the discharge of their duties as such commission.

Appropriation.

SEC. 2. Four hundred dollars ($400.00) are hereby appropriated for the purpose of meeting the per diem and paying the expenses of said commission, and should any portion of said sum remain unexpended for that purpose, it shall be covered back into the treasury of the state.

Emergency.

SEC. 3. Whereas an emergency exists for the immediate taking effect of this act, the same shall, therefore, be in force from and after its passage.

CHAPTER 144.

AN ACT fixing the time for holding court in the forty-first judicial circuit of the State of Indiana, consisting of Marshall and Fulton counties. declaring an emergency, and repealing all laws in conflict therewith.

[S. 270. APPROVED MARCH 6, 1905.]

Forty-first Judicial Circuit-Terms-Time-Place.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the terms of court in the forty-first judicial circuit shall be held in the county of Marshall on the third Monday of September; fourth Monday of November; second Monday of February; first Monday of May of each year. And in the county of Fulton on the fourth Monday of October; second Monday of January; fourth Monday of March and first Monday of June. The terms of court in the county of Marshall shall be as follows:

The term commencing third Monday in September, five weeks; the term commencing the fourth Monday in November, six weeks; the term commencing the second Monday in February, six weeks; the term commencing the first Monday in May, five weeks. The terms in the Fulton circuit court shall be five weeks each if the business thereof shall require it. This law shall take effect and be in force on and after the third Monday in September, 1905.

CHAPTER 145.

AN ACT defining delinquency in children, and providing for the punishment of any person responsible for, or in any way contributing to, the delinquency or other offenses of any child.

[S. 271. APPROVED MARCH 6, 1905.]

Delinquent Child-Definition-Punishment.

SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the words "delinquent child" shall include any boy under the full age of sixteen years and any girl under the full age of seventeen years who shall violate any law of this state or any ordinance of a city; or who is incorrigible; or who knowingly associates with thieves or other vicious or immoral persons; or who is growing up in idleness or crime; or who knowingly visits or patronizes any policy shop or place where any gaming device is or shall be operated; or who patronizes, visits or enters any saloon or wine room where intoxicating liquors are sold; or who knowingly patronizes, visits or enters any public pool room or bucket shop; who wanders about the street of any city in the night time wit.t being on any lawful business or occupation; or who wanders about in any railroad yards or upon railroad tracks; or who jumps upon any moving train or enters any car or engine without lawful authority; or who uses vile, obscene, vulgar, profane or indecent language; or who smokes cigarettes; or who loiters about any school building or school yard; or who is guilty of indecent or immoral conduct. Any boy under the full age of sixteen years or any girl under the full age of seventeen years who shall commit any of the acts herein specified shall be deemed a delinquent child and shall be proceeded against as such in the manner provided by law for the prosecution of persons charged with misdemeanors, and upon conviction thereof may be released on probation or may be dealt with by the court in such manner as may appear to be for the best interest of the child.

Encouraging Act of Delinquency-Penalty.

SEC. 2. It shall be unlawful for any person to cause or encourage any boy under the full age of sixteen years or any girl under the full age of seventeen years to commit any act of delinquency as defined and specified in section one (1) of this act, or for any purpose to send, or cause to be sent, any such child to any house of prostitution, or to any saloon or wine room where intoxicating liquor is sold, or to any policy shop or gambling place, or to any pool room or bucket shop, knowing them to be such; or to knowingly encourage, contribute to or in any way cause any such child to violate any law of this state or the ordinances of any city; or to knowingly permit, contribute to, encourage or cause any such child to be guilty of any vicious or immoral conduct; and any person so offending shall be guilty of a misdemeanor and shall be tried for such offense in any court of competent jurisdiction, and upon conviction thereof shall be punished by fine or imprisonment or both: Provided, however, That if at the hearing of any child brought before any juvenile court, it shall appear that any person has violated any of the provisions of this section, the judge of said court may have such person brought before him upon proper warrant, and, if upon preliminary examination, it shall appear that such person is probably guilty of the offense charged, he shall be recognized as recognizances are now provided by law, to appear at the next term of the criminal court of said county, or if there be no criminal court, then of the circuit court of said county.

Penalty for Violation.

SEC. 3. Any person who shall be convicted of violating any of the provisions of section two (2) of this act shall be fined in any sum not exceeding five hundred dollars ($500.00) or imprisoned in the county jail or workhouse for a period not exceeding six (6) months, or punished by both such fine and imprisonment. The court may impose conditions upon any person found guilty under this act, and so long as such person shall comply therewith to the satisfaction of the court the sentence imposed or any part thereof may be suspended: Provided, That no such sentence or the execution thereof shall be stayed or suspended to exceed a period of two years; and if, upon the expiration of such time, or any time prior thereto as the court may deem proper, it shall appear to the satisfaction of the court that such person has complied faithfully with the condition imposed, the court may suspend such judgment and sentence absolutely, in which case such person shall be released therefrom. If at any time during the suspension of such sentence it shall be made to appear to the satisfaction of the court that the