SEC. 4. In case bonds are issued in series or otherwise from time to time and secured as aforesaid, no bond shall have any priority by reason of the time or order of sale over any other bonds of the series secured by any such mortgage; but each bond secured by any mortgage shall be secured equally and ratably by such security.
SEC. 5. It is further enacted that "An act for the relief of the state board of agriculture, appropriating certain moneys for the use and benefit of said board and postponing the lien of the State of Indiana on certain lands therein named, and prohibiting said board from further encumbering their property, approved April 14, 1881," (Acts of 1881, page 84) and set forth in part as sections 2796, 2797 and 2798 of Burns' annotated Indiana statutes in the revision of 1901, and all other laws and parts of laws in conflict with the provisions of this act are hereby repealed.
Emergency. SEC. 6. Whereas an emergency exists for the immediate taking effect of this act, therefore it shall be in force from and after its passage.
AN ACT to legalize the incorporation of the town of Upland, Grant county, Indiana, the election and qualification of its board of trustees and other officers, and all acts, orders, ordinances, resolutions, by-laws, minutes and proceedings of the board of trustees of said town, assess. ment and collection of taxes, and other matters connected therewith, and declaring an emergency.
[S. 121. APPROVED FEBRUARY 17, 1905.]
SECTION 1. Be it enacted by the general assembly of the State of Indiana, That all steps taken, and all acts done in the proceedings of the incorporation of the town of Upland, in Grant county, in the State of Indiana, be and the same are hereby legalized and rendered valid, and said town of Upland is hereby declared to be legally incorporated, and that the election of the board of trustees and all other officers of said town are hereby legalized and rendered valid, that each and all of the acts, by-laws, ordinances, resolutions, rules, contracts and minutes adopted by said board of trustees, and of each and all of the several officers of said town acting as such, and in relation to the survey, platting and recording thereof, determining the limits and boundaries of said town, and concerning all
AN ACT providing for the deposit of cash or certified check in lieu of
bond in civil, criminal or probate proceedings.
[S. 137. APPROVED FEBRUARY 17, 1905.]
Courts-Bonds-Cash or Certified Checks.
SECTION 1. Be it enacted by the general assembly of the State
of Indiana, That whenever any bond is required by law to be filed
in any civil, criminal or probate proceedings, whether in a circuit
or superior court, or before a justice of the peace, or mayor, or any
city court of a city, a deposit of cash or a properly certified check
or draft for the full amount of such bond with the officer with
whom such bond is required to be filed may be accepted in lieu
thereof. This act shall not be construed as mandatory on any
court or officer, but as conferring a privilege, which may be exer-
cised for the convenience of litigants.
AN ACT to legalize the incorporation of the town of Shirley, Hancock
and Henry counties, State of Indiana, and to legalize and render valid
the election, qualification and official acts of each and all the officers
of said town, including the present officers thereof, and to legalize
and render valid all by-laws, ordinances, resolutions, tax levies, street
and sewer assessments, contracts and other official acts heretofore en-
tered into in good faith by the several boards of trustees of said town,
including the present board of trustees of said town, and declaring an
emergency.
[H. 109. APPROVED FEBRUARY 20, 1905.]
SECTION 1. Be it enacted by the general assembly of the State of
Indiana, That all the proceedings taken and had for the incor-
poration of the town of Shirley, Hancock and Henry counties,
State of Indiana, and all acts done pursuant to such proceed-
ings be and the same are hereby legalized and rendered valid,
and the said town of Shirley, Hancock and Henry counties,
State of Indiana, is hereby declared to be legally and regularly
incorporated, and that the election, qualification and all official
acts of each and all of the several officers of said town, in-
cluding each and all of the present officers of said town, are
hereby legalized and rendered valid, and that all by-laws,
ordinances, resolutions, tax levies, street and sewer assess-
ments, contracts and all other official acts heretofore passed,
enacted, made, assessed or entered into in good faith by the
several boards of trustees of said town be and the same are
hereby legalized and rendered valid: Provided, however, That this
act shall not in any way affect the rights or interests of any person
or corporation involved in any suit or litigation now pending in
any court of the State of Indiana or of the United States, but
nothing in this act shall affect pending litigation.
AN ACT to legalize the incorporation of the town of Griffin, Posey
county, Indiana, the election and qualification of the 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 there-
with, and declaring an emergency.
[H. 191. APPROVED FEBRUARY 20, 1905.]
Griffin.
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 Griffin, Posey county, Indiana, be and the same
are hereby declared to be legal and valid, and all elections of
officers of said town of Griffin, and all official acts, ordinances,
resolutions, by-laws, minutes, and proceedings of the board of
trustees of said town, and all tax levies, orders and steps taken for
the collection thereof for and within said town are hereby declared
to be legal and valid.
AN ACT to legalize the incorporation of the town of Riverside City,
Delaware county, State of Indiana, the election and qualification of
its board of trustees and other officers, and all acts, orders, ordinances,
resolutions, by-laws, minutes and proceedings of the board of trustees
of said town, assessment and collection of taxes, and other matters
connected therewith.
SECTION 1. Be it enacted by the general assembly of the State of
Indiana, That all steps taken, and all acts done in the proceedings
for the incorporation of the town of Riverside City, in Delaware
county, in the State of Indiana, be and the same are hereby legal-
ized and rendered valid, and the said town of Riverside City is
hereby declared to be legally incorporated and that the election of
the board of trustees, and all other officers of said town are hereby
legalized and rendered valid; that each and all the acts, by-laws,
ordinances, resolutions, rules, contracts and minutes adopted and
made by said board of trustees, and of each and all of the several
officers of the said town acting as such, and concerning all tax
levies made, collections of taxes, and for the raising and borrowing
of money and licenses in said town, and concerning the streets,
alleys and sidewalks, the grading, repairing and improving of the
same, be and the same are hereby legalized and declared 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.
AN ACT to legalize the incorporation of the town of Fulton, in the
county of Fulton, in the State of Indiana, the election and qualifica-
tions 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, the assessment and collection of taxes
and other matters connected therewith, and declaring an emergency.
[H. 278. APPROVED FEBRUARY 21, 1905.]
SECTION 1. Be it enacted by the general assembly of the State of
Indiana, That all steps taken and all acts done in the proceedings
for the incorporation of the town of Fulton, in Fulton county, in
the State of Indiana, be and the same are hereby legalized and
rendered valid. And the said town board of Fulton is hereby de-
clared to be legally incorporated, 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 the acts, by-laws,
ordinances, resolutions, rules, regulations, contracts, and minutes
adopted and made by said board of trustees, and of each and all
of the several officers of said town, acting as such in relation to
the survey, platting and records thereof, determining the limits
and boundaries of said town; and concerning all tax leviês made
and assessments and collections of taxes, and for the raising and
borrowing of money, and licenses in said town, and concerning the
streets and alleys and sidewalks thereof, and of the grading, repairs
and improvements of the same; be and the same are hereby legal-
ized and declared valid: Provided, however, That nothing in this
act shall in any way effect [affect] any suit now pending in any
court of this state.
AN ACT entitied an act empowering common councils of cities to convey
cemeteries, and providing for the management and control thereof,
and declaring an emergency.
[S. 7. APPROVED FEBRUARY 21, 1095.]
Cemeteries-When Common Council May Convey.
SECTION 1. Be it enacted by the general assembly of the State of
Indiana, That whenever ten or more residents of any city of this
state, being heads of families, whose dead are buried in any ceme-
tery, the title to which is vested in said city, shall either themselves
or in company with others become organized as a corporation for
the burial of the dead and the maintenance of a cemetery, such
persons may file with the common council of such city their
petition, praying for the conveyance of such cemetery to such cor-
poration, giving at least three weeks' notice thereof by publication
in some newspaper published in said city, and agreeing in such
petition that such corporation will keep such cemetery in good
order and honestly and faithfully manage the same; and such
common council, if satisfied that such petition is signed by a
majority of the owners of lots in such cemetery who are residents
of said city, and if satisfied of the good faith of such petitioners,
and as to the propriety of granting such request, may convey the
land occupied by such cemetery to such cemetery association.
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