[Acts 1905, p. 437. In force April 15, 1905.]

5915. School trustees in cities and towns.-1. That the common council of each city and the board of trustees of each incorporated town of this state shall at 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.

This section probably supersedes section 5915, Burns' R. S. 1901.

When a town is incorporated as a city, the officers of the town school trustees are not thereby vacated. State v. Ogan, 159 Ind. 119.

If the common council of a city elects three school trustees when there is only one vacancy, and there is no particular trustee designated to fill the vacancy, none of such trustees are legally elected. State v. Ogan, 159 Ind. 119.

If the treasurer of a board of school trustees receives money raised to build school houses without executing an additional bond, the sureties on his general bond as such treasurer will be liable for the proper application of such money. Hogue v. State, 29 App. 621.

5915a. Cities excepted.-2. The provisions of this act shall not apply to cities of over fifty thousand inhabitants, according to the last preceding United States cenus.

5915b. Towns abandoning control.

Towns coming within the provisions of section 5915b, Burns' R. S. 1901, can not abandon control of schools and abolish the board of school trustees if the town is liable for damages on account of contracts made by the school trustees. Hornbeck v. State, 33 App. 609.

[Acts 1903, p. 417. In force March 10, 1903.]

5915e. School in cities of 30,000 to 36,500.-1. That all cities of this state which have a population of more than thirty thousand (30,000) and less than thirty-six thousand five hundred (36,500) inhabitants, as shown by the last preceding United States census, shall be governed by the provisions of this act, and the several boards of school trustees of such cities shall represent and be vested with all the powers and authority of such school cities, and with the management and control of the common schools therein.

Acts which provide for schools in cities with a designated number of inhabitants cniy, are unconstitutional as being special legislation. Campbell v. City of Indianapolis, 155 Ind. 186; School City of Rushville v. Hayes, 162 Ind. 193.

5915f. Laws applicable, trustees, powers.-2. The general school laws of this state and all laws and parts of laws, applicable to the general system of common schools in cities, and not inconsistent herewith, shall be in full force in the cities included within this act; the boards of school trustees of such cities shall have and exercise all the powers heretofore or hereafter conferred upon the school trustees of the same or other cities of the state.

5915g. Industrial, manual training.-3. The board of school trustees in any such city shall have the power to establish in connection with and as part of the system of common schools therein, including high schools, a system of industrial or manual training and education wherein shall be taught the practical use of tools and mechanical implements, the elementary principles of mechanical construction and mechanical drawing and domestic science.

5915h. Instructors, rules.-4. Such board of school trustees upon establishing such system of industrial or manual training and education shall employ competent instructors in the various subjects to be taught,

and establish such general rules and regulations for the admission of pupils and the conduct of the schools wherein the same shall be taught as in their judgment will produce the best results and give instruction to the largest number of pupils practicable. They may provide for such instruction in separate rooms, or separate buildings as in their judgment may be most advantageous.

5915i. Salaries and expenses.-5. The board of school trustees in any such school city, having decided to establish such system of manual training and education, shall have power and authority to pay the salaries of the instructors employed in such system of industrial or manual training and education from the local tuition fund of said school city, and the other expenses necessary and incident to the establishing the same from the special school fund of said school city.

5915j. Land and buildings.-6. The board of school trustees in any such school city, having decided to establish such system of industrial or manual training, shall with the consent of the common council of such city have the power and authority to purchase said land and erect thereon such building or buildings as they shall deem necessary for the use and accommodation of such system, and may devote to the use of such system of instruction, wholly or in part, any land which such school city may now own or any building or buildings which such school city now own or may have in process of construction.

5915k. Purchasing land, buildings.-7. Such board of school trustees in any such school city may with the consent of the common council of such city purchase such land as it may deem necessary for school purposes, and, with the consent of the common council of such city, may erect thereon such building or buildings as it may deem necessary for the adequate use of such school city, including common school, high school, grammar school, and manual training school buildings.

59151. Borrowing money.-8. Such board of school trustees in any such school city, for the purpose of raising the necessary funds with which to purchase said lands or grounds, or for the erection of any school building or buildings, or for the completion of any building or buildings now in process of erection, or to pay any indebtedness heretofore incurred by any such school city for the purchase of land for school purposes, or the erection and construction of any school building or buildings within and for said city, shall have power to borrow money in such sums or in such amounts as may be necessary, subject to the limitations hereinafter provided for in section 9.

5915m. Bonds, issue, sale.-9. Any board of school trustees in any such school city, desiring to borrow money for any of the purposes stated in this act, from time to time may issue and sell the negotiable bonds of such school city, in such sums and denominations as to such board may be deemed advisable, drawing interest at not to exceed five per centum per annum, interest payable semiannually, and running such length of time, not to exceed ten years, as the board may deem best, and payable in equal annual installments, to be sold at not less than their par value and to be payable at such place as such board may

deem best. Such bonds shall be issued in the name of the school city, shall be signed by the president, secretary and treasurer of the board of school trustees of such school city. Such bonds, so executed and issued, shall constitute an indebtedness of the school city on account of and for the benefit of which they are issued; and such school city issuing the same shall be liable for and shall assume and pay such bonds: Provided, That the aggregate of such bonds outstanding at any one time, together with the aggregate amount of such school city notes, warrants or other evidences (written or printed) of indebtedness shall not exceed two hundred thousand ($200,000.00) dollars: Provided, further, That the aggregate amount of bonds and other evidences of indebtedness issued for ward school purposes outstanding at any one time shall not exceed sixty thousand dollars ($60,000.00).

5915n. Interest on bonds, taxes.-10. Such board of school trustees in any such school city issuing such bonds or incurring indebtedness as aforesaid, shall have the power to pay the interest and principal of any such bonds or indebtedness from the special school revenues of such school city, and to create a sinking fund for the principal thereof when due, and such board of school trustees shall levy each year an amount of special tax, not exceeding that fixed by law, sufficient, in addition to the current expenses payable from such fund, to pay the annual interest and installments due on such bonds, and to provide such an amount for a sinking fund as the board may set aside for such purpose in any year.

59150. Bonds, resolution, notice, sale.-11. Any board of school trustees in any school city desiring to issue and sell bonds for any of the purposes set forth in this act, shall adopt a resolution at some regular meeting of said board, setting forth the purposes and necessity of such issue, the amount thereof, the denomination of such bonds, the rate of interest thereon and the time or times such bonds are to run, the notice to be given of the sale of same and the time and place of such sale. The board shall sell such bonds at public sale, or by sealed bids to the highest and best bidder, at not less than par. The board. shall give notice of such sale by publication in such newspapers of general circulation, at least one of which said newspapers shall be published in said school city, and in such financial journals and for such time, not less than three weeks, as shall be determined by the board of school commissioners.

5915p. Proceeds of sale, bond of treasurer.-12. The proceeds of any sale of school bonds authorized by this act shall be paid to the treasurer of the board of school trustees, and shall be kept by him in a separate fund, and such moneys shall be applied only to the purposes for which the bonds were sold: Provided, That any surplus in such fund shall be applied to the sinking fund for such bonds. Before the issue or sale of any bonds authorized by this act, such school treasurer shall make and file with the county auditor a bond, payable to the State of Indiana, in a sum not less than the amount of such bonds to be issued and sold, and with security to be approved by such auditor, conditioned

for the faithful and honest application of the proceeds of such bonds. to the purposes for which the same were issued; and such treasurer and the surety and sureties on such bond shall be liable to the school city for any misappropriation or loss of the proceeds of such bonds. 5915q. Streets, improvements, assessment.-13. Whenever any real estate belonging to such school city shall be benefited or damaged by reason of the opening or closing of any street or alley or by reason of the construction of any sewer, or street or alley improvement, such school property so benefited shall be assessed therefor, and such school property so damaged shall be compensated therefor. The amount of which damages or benefits shall be determined by the method followed in assessing benefits or damages to private property in such city, and such school city shall pay the amount so assessed againt any school property in the same manner as regards time of payment as such assessments are paid by the owners of private property.

5915r. Examinations by auditor, reports.-14. The auditor of the county in which such cities coming under the provisions of this act are situated shall be delegated by the board of county commissioners to make a careful examination of the records and books of the board of school trustees in such cities, also to audit all of the receipts and expenditures from the several funds coming in to the care of the board of school trustees, said examination and auditing to be made once during each school year. A report of the examinations and auditings by the county auditor shall be published in two daily newspapers in such cities, the expense of such publication to be paid by the board of school trustees out of the special school fund. The board of school trustees shall pay the county auditor for his services not to exceed fifty dollars for each examination. Said compensation to be paid from the special school fund.

[Acts 1903, p. 124. In force March 3, 1903.]

5915s. Manual training schools in cities.-1. That in all the cities of the State of Indiana having a population of more than fifty thousand and less than one hundred thousand, as shown by the last preceding United States census, it shall be lawful for the boards of school trustees or other school authorities having charge and management of the common schools of said city, to establish in connection with and as a part of the system of the common schools therein, a system of industrial or manual training and education and of domestic science, wherein shall be taught the practical use of tools and mechanical implements, the elementary principals of mechanical construction and mechanical drawing, and the elementary principles of domestic science.

5915t. Instructors, rules.-2. Such board of school trustees or other school authorities, upon establishing such system of industrial or manual training and education and domestic science, shall employ competent instruction in the various subjects to be taught, and establish such general rules and regulations for the admission of pupils and the conduct of the schools wherein the same shall be taught as in their judg