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Security of Bonds.

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. Repeal.

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in the revision of 1901, and all other laws and parts of laws in conflict with the provisions of this act are hereby repealed.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

6 effect of this act, therefore it shall be in force from and after its passage.

CHAPTER 19.

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. ] Legalizing Act-Upland.

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

CHAPTER 20.

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.

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[H. 278. APPROVED FEBRUARY 21, 1905.)

Legalizing Act—Fulton.

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-

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
tate, 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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