SEC.

CHAPTER 55.

EASEMENTS.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

5746. Acquiring by use.

5746. Acquiring by use.

An injunction will not lie to prevent the acquiring of an easement over land by use, as such a right may be prevented by giving notice under the statute of an intention to dispute such right. Hart v. Hildebrandt, 30 App. 415.

ART.

1.

2.

CHAPTER 56.

EDUCATION-COMMON SCHOOLS.

Section numbers to notes refer to Revised Statutes of 1901.

Sections omitted have not been construed since 1901.

THE FUND. 5796c-5822d.

ADMINISTRATION. 5837a-5939.

3. TAXATION. 5951-5955.

ART.

6. SCHOOLS IN CITIES AND TOWNS.

5975-5978.

[Acts 1903, p. 119. In force February 28, 1903.]

5796c. Limit of loan.-3. The sum loaned shall not exceed one-half the appraised value of the premises proposed to be mortgaged. In all cases where perishable improvements upon real estate are accepted as a part of the security for any such loan, the real estate and the perishable improvements thereon shall be appraised separately, and there shall be procured by the borrower a policy, or policies, of fire and tornado insurance issued by a company, or companies, duly authorized by the auditor of state to do business in this state, and such policy or policies shall contain the union mortgage clause in favor of the county wherein such loan is made, and such borrower shall deliver such policy, or policies, of insurance to the auditor of such county and shall keep such improvements insured in the manner aforesaid during the time that such loan is in force. The mortgage securing such loan shall contain the provision that such insurance shall be procured and kept in force as above provided. Upon the failure of said borrower to do so, the auditor shall procure such insurance, and the premium or premiums thereof shall become a part of the debt secured by said mortgage, bearing same rate of interest as the mortgage debt, and the further provision that such mortgage may, upon such default by such borrower, be foreclosed. Such insurance shall in all cases be for a sum equiva

lent to thirty-six and two-thirds per cent. of the appraised value of such portion of said perishable improvements as is accepted as security for any such loan: Provided, That when such premises are situated in a county other than that to which such fund may belong, the sum loaned thereon shall not exceed forty per cent. of the appraised value of such premises.

This act amends section 5796c, Burns' R. S. 1901.

[Acts 1905, p. 25. In force February 21, 1905.]

5810a. Expense in making loans.-1. That the county commissioners of any county in the state may, at their discretion, at any regular meeting of their own board, order that their county shall bear any or all the expense of appraisers, abstract of title and recording mortgage in making any or all loans of school funds. Thereafter, so long as such order is in effect, the county auditor shall meet the expenses covered by it in the same manner that he does other expenses incurred by the county: Provided, That such expense shall not exceed one per cent. of such loan, but such expense shall not be paid unless loan be made.

5810b. Repeal of order.-2. At any subsequent regular meeting of said board the commissioners may, at their discretion, repeal any part or all of such order or orders.

5810c. Appropriations County council.-3. When such orders shall exist the county council shall take them into consideration in making their regular appropriations.

5822d. Sales, acts legalized.

By an act of March 9, 1903, Acts 1903, p. 299, and an act of February 15, 1905, Acts 1905, p. 12, certain sales of lands under school fund mortgages are legalized when such sales were not in strict conformity with the statute.

[Acts 1903, p. 291. In force April 23, 1903.]

5837a. State superintendent, grading teachers' success.-1. That the state superintendent of public instruction is hereby required to provide from time to time such schedule of items as should, in his judgment, enter into the record and grading in the item of a teacher's success by the city, town and county superintendent of schools.

5837b. Visits by city and county superintendents.-2. It shall be the duty of the city, town and county superintendents of schools to visit each year the teachers under their charge and supervision, and from personal inspection and otherwise make an itemized statement and grading of the success of each teacher under their charge, and in accordance with the rules and schedule of the state superintendent of public instruction, as provided in section 1 of this act.

5837c. Statement to teachers, record.-3. It shall be the duty of each school superintendent to issue over his signature and deliver to each teacher under his supervision, not later than July 1, each year, such a statement of the success of each as is contemplated in section 2 of this act, and shall keep on file in a permanent record book duplicates of all such statements. A teacher's success grade so issued shall be his legal success grade for one year from the date of its issuance.

5837d. Unfair grading, appeal.-4. The state superintendent of public instruction is hereby authorized to investigate and revise such cases of unfair grading in the items of a teacher's success as may be brought to his attention in a written appeal, made and sworn to before any person authorized to administer oaths, not later than thirty days after the issuance of said grade. All such sworn statements and papers relating to the case shall be filed with the county superintendent of schools, and shall by him be forwarded to the state superintendent of public instruction within ten days after the filing of such appeal.

[Acts 1903, p. 117. In force April 23, 1903.]

5853a. Reading primer.-1. That the state board of school book commissioners is hereby authorized to secure and adopt a school reading primer to be used in the public schools of Indiana, and to precede the readers now authorized by law to be adopted by said board.

5853b. Price to pupils.-2. The contract price of said primer to pupils in the schools of the state shall not exceed ten cents per copy.

5853c. Laws applicable.-3. All laws and parts of laws now in force and relating to contracts, manner of adopting, revisions, bonds, notices and records, or otherwise referring to the selecting, contracting, handling and use of text-books for use in the public schools of Indiana, shall guide and control the state board of school book commissioners and other school officers in the discharge of their duties in the selection, adoption, handling and use of said school reading primer.

5853d. Use optional in cities.-4. The use of any school reading primer adopted as herein provided shall be optional with school boards in cities having a population exceeding five thousand inhabitants.

[Acts 1905, p. 163. In force March 4, 1905.]

5894. Limiting school book revisions.-13. In no case shall any revision be required of any book or books used in the common schools of this state oftener than once in every ten years, except copy books, histories and geographies, and all contracts for furnishing said books except histories, copy books and geographies, shall be for a period of ten years, and contracts for furnishing histories, copy books and geographies shall be for a period of five years: Provided, That this act shall not be construed to extend or affect any existing contract: And provided. further, That the state board of school book commissioners shall have the right, by a vote of two-thirds of its members, to cancel the contract for the use of any school book at the expiration of five years, if satisfied that the use of said book would not be for the best interests of the schools of the state.

This section amends section 5894, Burns' R. S. 1901.

[Acts 1905, p. 492. In force March 7, 1905.]

5902a. Eligibility of superintendent.-1. That no person shall be eligible to, or shall hold the office of, county superintendent unless he hold at the time of his election a thirty-six months' state license, a sixty months' license, a life or a professional license, to teach in the common schools of this state; but nothing herein contained shall affect the title to his office of any county superintendent now in office.

See section 59051 for section 2 of this act.

5903. Duties of superintendent, appeals.

A county superintendent of schools can not enjoin a township trustee from paying a school teacher for services in teaching a school because such teacher did not have a license to teach. McGreggor v. State, 31 App. 483.

[Acts 1905. p. 492. In force March 7, 1905.]

59051. Pay of county superintendent.-2. A county superintendent shall receive in full for all services rendered by him four dollars and fifty cents ($4.50) per day for each day he shall be employed in the actual performance of his duties.

See section 5902a for section 1 of this act.