tion made for the protection of any highway or bridge, or who shall wilfully destroy any guide-post, or deface any inscription or device thereon, or who shall unnecessarily, and to the hindrance of passengers, obstruct any highway or bridge, and who shall, when driving any vehicle, fail to pass to the right when meeting another vehicle, so as to allow it to pass without injury, for every such offense, shall forfeit the sum of five dollars, to be recovered by the trustee in the name of the township before a justice of the peace of the county; and for every day such obstruction is continued the same sum shall be recovered. In all such cases such trustee, within three days after receiving information of any such offense, shall commence such suit, and the sum recovered thereon shall be used for the benefit of the highways of such township. In case of a recovery in any such action the justice of the peace shall tax, as costs, the sum of five dollars as attorney's fees for plaintiff's attorney.

See notes to section 6837, Burns' R. S. 1901.

Actions will lie in favor of townships to recover damages for injuries to highways. Pittsburgh Ry. Co. v. Iddings, 28 App. 504.

6854. Suit by successor.-114. All such suits commenced by one trustee may be continued by his successor in office, and no costs shall be taxed against him therein. Any supervisor who shall fail to use due diligence in keeping the highways of his district in good repair, under the regulations herein prescribed; or who shall fail to call out the hands of his district to work on the highways thereof the number of days herein prescribed, unless the tax assessed for such repair of such highway is sufficient; shall, for every such offense, forfeit the sum of ten dollars, to be recovered before any justice of the peace of the county, in the name of the township, by the trustee of such township; and all sums so recovered shall be for the benefit of the district for which such supervisor was elected or appointed, and such trustee shall bring suit within three days. after receiving information of any such failure of duty by such supervisor.

See notes to section 6838, Burns' R. S. 1901.

6855. Duties continuous-Tools.-115. Every supervisor shall hand over all books, papers and moneys, as well as all tools in his possession, to his successor in office when called for. Township trustee shall procure, with available road fund in their hands, such tools and implements as may be necessary for road districts.

See note to section 6839, Burns' R. S. 1901.

6856. Order of work-Donation.-116. In determining upon the amount and character of work which shall first be done on any highway, or part thereof, the township trustee shall take into consideration the importance of the highway to the traveling public, and its convenience to gravel, stone or other material to be used in its construction. Whenever the citizens interested in the permanent improvement of any highway of

public importance, shall, by donation, properly ditch, drain, gravel, embank br otherwise improve any such highway, such trustee may contribute and perform work thereon equal in value to such donation, if he have the means in his hands to do so: Provided, moreover, That every township trustee shall set aside not less than five per cent. of the road funds received by him each year as an emergency fund, to be used in keeping in repair all highways in his township along or on which United States rural free delivery mail routes have been or may hereafter be established and maintained; and it shall be the duty of every such trustee, and of every road supervisor, to give the preference to such highways in keeping the same in repair. Such highways shall be kept properly drained and free from all obstructions, including snow-drifts, so as to be at all times in good condition for ordinary travel.

See section 6849 as to repair of rural mail roads.

6857. Oaths, administering.-117. Each township [trustee] is empowered to administer oath in all cases touching the prosecution of the business of the township of which he is trustee.

6858. Disbursements of road fund.-118. All road money on hand or that may hereafter be paid to the county treasurer under the provisions of this or of any previous act, shall be paid to the proper township trustee, and be expended by him as other road funds are required by this act. 6859. Supervisor's report.-119. Each supervisor of each road district shall, on or before the first day of December in each year, make a full and succinct report, under oath, of his proceedings, showing the names of all persons liable to perform, or who have performed, labor on the roads in his district; the amount of commutation money received, from whom received, and the amount of money received from any and all sources whatever, and how the same has been expended; and shall pay such balance to and file such report with the trustee of his township on that day.

6860. Reports audited.-120. Such township trustee shall audit the reports referred to in the last section, and enforce the payment of any such balance, and compel such report by suit.

6861. Responsibility for tools.-121. Every road supervisor shall be responsible for the care and safe-keeping of all the tools belonging to his road district, and on going out of office shall report the number and kind of tools in his hands to the trustee of his township, under oath; and such trustee shall charge each supervisor, on coming into office, with the whole amount of tools in his district, as shown by the statement of his predecessor in office. Such supervisor shall be liable for any loss of, or damage to the tools belonging to his road district, occasioned by his neglect, to be recovered in the name of his township, upon complaint of the trustee. of such township before any justice of the peace therein.

6862. Roads on division lines.-122. All roads running on township, county or road district lines are assigned for construction and repairs as follows: On roads running north and south, the north half is assigned to

the township or townships and district or districts on the west side of such line, and the south half is assigned to the township or townships and district or districts on the east side of such lines; and on roads running east and west, the west half is assigned to the township or townships and district or districts on the south side of such line, and the east half to the township or townships and district or districts on the north side of such line. And the highways so assigned shall be under the control of and be kept in order by the township trustee of the township to which they are assigned. All roads running on lines dividing this state from other states shall be worked in conjunction with such other state, and shall be assigned for construction and repairs in the same manner as above provided in cases where roads run on township or county lines, as far as applicable. 6863. Appeal to circuit court Effect of act.-123. Except as otherwise provided in this act, any person aggrieved by any decision of the board of commissioners of any county, in any proceeding in relation to highways, may appeal therefrom within thirty days thereafter to the circuit court of such county, by filing a bond, with surety and penalty, to be approved by the auditor of such county, conditioned for the due prosecution of such appeal, and the payment of costs, if costs be adjudged against him; and in case proceedings shall be had in more than one county, the appeal shall be to the circuit court of the county in which the proceedings were first instituted, and the auditor of each county, on being notified of such appeal by the auditor of the county in which the appeal is taken, shall transmit to the clerk of the court to which the appeal is taken a transcript of all the proceedings in such county; and upon the determination of such appeal such clerk shall give notice thereof to the auditors of all the counties interested. Such appeal shall be tried de novo, and may be had as to any issue [tried], or that might have been tried, before the county board; but every report made to the board by viewers or reviewers or by any committee, body or officer, under the provisions of this act, shall be considered in evidence on such appeal. The court may make final determination of the cause so appealed, or may refer the case back to the county board or boards, with directions how to proceed. This act shall not have the effect to release any penalty, forfeiture or liability incurred under any former statute, nor shall it affect any pending litigation or proceedings, but the same shall be concluded and be effective in all respects as if this act had not been passed.

See notes to section 6754, Burns' R. S. 1901.

CHAPTER 77.

HUSBAND AND WIFE.

Section numbers to notes refer to Revised Statutes of 1901.

If a married woman is divested of her title to land by virtue of legal proceedings during her life, her husband will not have any interest in such land on her death. Turner v. Heinberg, 30 App. 615.

A contract by a married woman without her husband joining to sell her land is void, can not be ratified, is void as to the other party and is not a sufficient consideration to support promissory notes. Shirk v. Stafford, 31 App. 247.

The separate executory contracts of married women for the sale of their lands can not be enforced. Bartlett v. Williams, 27 App. 637.

Married women may be estopped by their acts and declarations to assert their claims to personal property the same as other persons. Morgan v. Hoadley, 156 Ind. 320; Beidenkoff v. Brazee, 28 App. 646.

6964. Wife can not be surety.

If a husband and wife mortgage lands held by them as tenants by entirety to secure the debts of other persons, such mortgage may be avoided by both the husband and wife. Webb v. John Hancock Ins. Co. 162 Ind. 616.

Lands held by a husband and wife as tenants by entirety may be conveyed by them and the proceeds applied to the payment of the debts of the husband. Rogers v. Shewmaker, 27 App. 631.

When a married woman pleads her coverture as a defense to an action on a contract which she executed as surety, she need not allege that the other party to the contract had notice that she executed the contract as surety. International Assn. v. Watson, 158 Ind. 508.

When a married woman is estopped to plead that she executed a contract as surety, the matters creating the estoppel must be specifically pleaded against her. International Assn. v. Watson, 158 Ind. 508.

When a married woman pleads suretyship as a defense to an action to foreclose a mortgage, the burden rests upon her to prove her coverture and notice on the part of the mortgagee at the time of the execution of the mortgage. Webb v. John Hancock Ins. Co. 162 Ind. 616.

Notice at one time that a man is married, is not notice four years afterwards when a mortgage is executed that the marriage relation continues to exist. Webb v. John Hancock Ins. Co. 162 Ind. 616.

Whether a married woman is a principal or surety is not to be determined by the form of the contract, but on the determination of the question whether she received the benefit of the consideration on which the contract rested. Beidenkoff v. Brazee, 28 App. 646.

If a married woman indorses a note in consideration of the release of a debt against her husband, she can not be held liable as an indorser. John C. Groub Co. v. Smith, 31 App. 685.

[Acts 1903, p. 394. In force March 9, 1903.]

6964a. Loans to married women, estoppel.-1. That any married woman who shall hereafter execute her promissory note, bond or other evidence of indebtedness, and deliver the same to any person, firm or corporation for the purpose of securing a loan, and such person, firm or corporation shall make such loan and shall pay the proceeds thereof to such married woman in cash, or by check or draft drawn payable to her order, and such married woman shall state under oath in writing the purpose for which such borrowed money is to be used, and if such affidavit shall show the same to be for her own separate use or the betterment of her property, or separate business, she shall not be permitted thereafter to claim that such loan was made for the use or benefit of any person other than herself.

6966. Torts of wife, liability.

If a wife while in the discharge of her duties as such, and in the use of the property of her husband in a negligent manner causes an injury to another, the husband is not liable for the injury. Radke v. Schlundt, 30 App. 213.

If a husband seeks to be made a party to a suit concerning the lands of his wife he should allege that they are living together. Littell v. Burns, 29 App. 572.

6975. Earnings and profits of wife.

Married women may contract to board and serve persons other than their husbands and families, and may recover for the same in their own names. Hamilton v. Estate of Hamilton, 26 App. 114.

6977. Support of wife, suit for.

When a wife obtains judgment against her husband for a support, the court has power to order the sale of lands of the husband in another county, and a purchaser under the judgment will obtain title free of judgment liens created subsequent to the order of sale. Comstock v. Brandon, 27 App. 475.