tion, or by posting up written or printed notices in six public places in such city or town (if there be no newspaper published therein) for three weeks, shall be deemed equivalent to such personal service.

3267. Assessment and report. 3. Such commissioners, or a majority of them, shall, at the place and time indicated in such notice, proceed to an examination of such lands, lots, water-rights, easements, pools, lakes, and natural streams so desired to be taken or condemned for the use of such water-works; and shall then and there estimate the damages accruing to the owner. They shall view the premises and receive any evidence touching the questions before them; and may, for that purpose, administer oaths to witnesses examined in relation thereto. They shall make a report in writing of the amount of damage, if any, accruing to each owner, and, within ten days thereafter, file the same with the Clerk of such city or town. 3268. Tender of damages. 4. When such report is filed, as in the preceding section required, the Common Council or Board of Trustees (if they accept the assessment so made) shall tender or cause to be tendered to the owner of such lands, lots, water-rights, easements, pools, lakes, or natural streams, or their heirs or representatives, the damage awarded by such commissioners; or if not found within the city or town, or if the award is not accepted, then the same shall be kept by the Treasurer as a special deposit, subject to the order of such owner or his heirs or representatives.

3269. Appeal. 5. The Common Council or Board of Trustees shall, within twenty days from the filing of said report, either accept or reject the terms of the same in whole or part. And all parties aggrieved by such report may appeal therefrom, at any time within thirty days after the filing thereof, to the Circuit Court of the county, upon filing the usual bond with the Clerk of such city or town for the payment of costs; but no such appeal shall prevent any such city or town from proceeding with said appropriation, construction, and improvement, as if no appeal had been taken. No other question shall be determined than the regularity of the proceedings in the suit and the amount of damages sustained.

3270. Trustees of water-works. 6. The Common Council of any city or incorporated town in which water-works have been constructed or are now in process of construction or extension, or where water-works shall hereafter be ordered, shall establish a board of three trustees, to be known as the trustees of the water-works. Said trustees shall be elected at the annual city election by the qualified voters of such city or incorporated town, and shall hold their office for the term of three years; except that, at the first election under this Act, one shall be chosen for one year, one for two years, and one for three years, and thereafter, one of the trustees shall be elected annually.

3271. Duties and pay of trustees. 7. Said trustees shall receive such compensation as the Common Council or Board of Trustees may determine; and shall give bond in such sum as the Common Council or Board of Trustees shall order, for the faithful performance of their duties and the strict accounting for any funds that shall come into their hands; and they shall manage, conduct, and control the works, furnish supplies of water; collect water-rents, appoint all necessary officers and agents and determine the tenure of office and amount of salaries of the officers and agents so appointed.

3272. By-laws and rules. 8. Said trustees shall be authorized to make such by-laws and regulations as they may deem necessary for the safe, economical, and efficient management and protection of the waterworks; and such by-laws and regulations shall have the same validity as ordinances, when not repugnant thereto or to the Constitution and laws of the State.

3273. Water-rents. 9. For the purpose of paying the expenses of managing and operating the water-works, the trustees of the water-works. shall have power to assess and collect, from time to time, a water-rent of sufficient amount, in such manner as they may deem most equitable, upon all tenements and premises supplied with water, and from manufacturing establishments and railroad shops, and for the supply of boilers, locomotive engines, and for all other purposes tending to increase the income of the works.

3274. Application of fund. 10. Should there be any surplus money after paying the expenses of operating the water-works, the sum may be applied to the repair, enlargement, or extension of the works or of the reservoirs, the payment of the interest of any loan made for their construction, or for the creation of a sinking fund for the liquidation of the debt.

3275. Reports. II. The trustees of the water-works shall make monthly reports to the Common Council or Board of Trustees of the receipts and disbursements of money belonging to the water-works, and an annual report of the condition of the same; and all money collected for water-works purposes, they shall cause to be deposited, weekly, with the Treasurer of the city or town; and the receipt therefor shall be, by such collectors, deposited with said trustees or their authorized agent.

3276. Funds, how kept. 12. All moneys so deposited shall be kept a separate and distinct fund, subject to the order of said trustees. And all orders drawn by said trustees on the Treasurer of the city or town shall be signed by at least two of the trustees, and countersigned by the clerk of the water-works.

3277. Contracts. 13. Said trustees shall be authorized to make contracts for the erection of water-works buildings, and construction of settling basins and other appendages, and the enlargement and repairs thereof; for the purchase of machinery and the manufacture and laying down of pipe; for the furnishing and supplying with connections of all necessary fire-hydrants for fire department purposes, and for keeping the same in repair; and for all other purposes necessary to the full and efficient management and construction of the water-works; and such contracts shall be subject to the ratification by the Common Council [or Board of Trustees].

3278. Investigating committee. 14. The Common Council or Board of Trustees of any city or incorporated town in which water-works are or may be situated or in process of construction, shall be authorized to appoint a committee of investigation of all books and papers together with all matters pertaining to the management of the water-works, at least once a year, and oftener, if necessary by reason of any neglect of duty or malfeasance on the part of any officer of the works; and any officer of the works found, by said committee, so offending shall be liable to removal from office by the Council [or Board of Trustees].

3279. Water free for public uses. 15. No charge shall be made by the trustees of the water-works for supplying water for the extinguish.

ment of fires, or for furnishing and supplying connections for fire-hydrants, and keeping the same in repair for fire department purposes; or for the cleansing of market-houses; or for the use of any public buildings belonging to the city or town; or for flushing out sewers or other sanitary purposes.

3280. Attachments regulated. 16. Áll attachments of whatever nature made to the water-pipes or other fixtures belonging to the water-works, and intended for public use, shall be subject to the same supervision, rules, and regulations as are made for the protection of water-works against abuse, destruction, and inordinate or unnecessary use or waste of water; or the trustees may make general or special rules and regulations for such purposes.

3281. Advertising. 17. Said trustees, before entering into any contract for work to be done, shall cause two weeks' notice to be given in one or more daily newspapers of general circulation within the city or town, that proposals will be received by the trustees for performing the work, or the several parts of the same specified in said notice; and the trustees shall contract with the lowest bidder, if in their opinion said lowest bidder can be depended on to do the work with ability, promptness and fidelity; which contract shall be subject to ratification by the Common Council [or Board of Trustees], as heretofore provided. But if such be not the case, said trustees may give the contract to the next lowest bidder, or decline to contract, and re-advertise. Or if no daily newspaper be published in such city or town, then such notice shall be published three weeks consecutively in a weekly newspaper of general circulation within such city or town.

3282. Bonds. 18. Said trustees shall require bond to be given, with

good and sufficient security for the faithful performance of the work; but no member of said board of trustees shall be such security; nor shall any trustee be a contractor, or in anywise, either directly or indirectly, be interested in any such work to be contracted for. Such bonds shall be submitted to the Common Council [or Board of Trustees] for approval.

3283. Tax to pay loans. 19. For the purpose of paying the principal and interest on the money borrowed for the erection and completion of any water works or for the extension or improvement of such works, a tax of sufficient amount shall be assessed on all the taxable property of the city or incorporated town, and collected, each and every year, in the usual manner of levying and collecting taxes in the city or town: Provided, always, The additional special tax hereby authorized shall not, in any year, exceed fifty cents on each one hundred dollars of taxable property and one dollar on each poll.

[1897 S., p. 263. In force March 8, 1897.]

3283a. Towns Special tax- Water works. 1. That in all cases where the Board of Trustees of any incorporated town in this State shall, or have heretofore contracted with any corporation, person or firm for supplying said town with water for fire protection and other purposes, or where any incorporated town shall, or has heretofore purchased any water works system located within said incorporated town, then and in either of said cases: Provided, Said town has not incurred and shall not hereby be authorized to incur an indebtedness of more than two (2) per cent. of the amount of taxable property of said town, as provided in the constitution of the State of Indiana; the board of trustees of said incorporated town are hereby authorized to levy and collect an annual special tax for paying said contract price for said water so furnished or for paying the purchase price of said water works system of not to exceed forty cents on the one hundred dollars of the taxable property within such incorporated town, to be levied and collected as other corporation taxes are levied and collected.

[1899 S., p. 568. In force March 7, 1899.]

32836. Purchase of waterworks by city or town. 1. That any city or town within this State having a population of more than 5,000 or less than 30,000 according to the last preceding United States census, whose inhabitants are or may be supplied with water by any person, corporation or company under contract, heretofore or hereafter made, is hereby authorized and empowered to purchase the waterworks plant, with all the lands, buildings, machinery, mains,

hydrants, contracts, privileges and property, owned by the person, corporation or company supplying such water, and to take conveyance for the same in the name of the city or town. Or any such city or town may in like manner acquire in the name of said city or town any other waterworks plant, constructed or in process of construction, in such city or town. The valuation of any such waterworks may be ascertained in the manner provided in any ordinance or contract heretofore made, or in any manner that may hereafter be determined upon by the Common Council or Board of Trustees of such city or town and the owner of any such waterworks, and the purchase price of such property shall not exceed the valuation thereof when so determined. [As amended, 1901, p. 60. Approved March 1, 1901.

3283c. May purchase subject to mortgage. 2. That any such cify or town, may purchase any such waterworks subject to any part of an existing mortgage debt upon the same, and in such case such city or town shall not assume or become directly or indirecly liable for the payment of such incumbrance, but such debt shall not be affected by the transfer: Provided, That such city or town may pay, and is hereby empowered to pay, in the discretion of its Common Council or Board of Trustees, the interest upon such mortgage debt in lieu of fire hydrant rentals now paid, and pay at its option any part of the principal of such debt out of any moneys remaining in the Treasury and not otherwise appropriated.

3283d. Bonds. 3. That for the purpose of paying the consideration for any such waterworks purchased as herein provided, any such city or town is hereby authorized to issue its bonds, with interest coupons attached, for an amount not exceeding the appraised value of any such waterworks, which bonds may be in denominations of not less than fifty dollars and not more than one thousand dollars, and shall be payable at any place to be named in such bonds in installments not exceeding in all twenty years, and shall bear any rate of interest not exceeding six per cent per annum, payable semi-annually, and such bonds may be negotiated in any market at not less than par. The amount of such bonds in no case shall exceed the constitutional indebtedness of such city or town.

3283e. Tax for extension, etc. 4. For the purpose of making extensions and repairs to such waterworks and of paying the principal and interest of any such bonds, and of any incumbrance remaining upon any such waterworks, a tax of sufficient amount shall be assessed on all the taxable property of any such city of town, and collected each and every year, in the usual manner of levying and collecting taxes in cities or towns: Provided, That the additional tax hereby authorized shall not exceed fifty cents on each one hundred dollars of taxable property at one dollar on each poll.

3283f. To be managed by city or town. 5. When any such waterworks shall have been purchased as herein provided, it shall be owned, controlled and managed in all respects by such city or town, as if built originally by the city or town, under the laws now in force in reference to the construction and operation of water works by cities and towns in this State.

[1879 S., p. 88. In force March 25, 1879.]

3284. Lien of tax. 20. The said tax, when levied and assessed, shall be a lien upon the property upon which it is levied and charged against the owners thereof, and shall be placed on the city or town duplicate in a separate column thereof, and be collected as other taxes.

3285. Preventing pollution. 21. The jurisdiction of any city or incorporated town owning waterworks shall extend, for the purpose of preventing and punishing any pollution of the water, five miles beyond the corporation limits: Provided, If any person owning a water power or mill property within the limits herein prescribed, in the use or management of which any stream is polluted to such an extent that the water thereof thereby rendered unfit for use for such city purposes, such property or water power may be condemned for the benefit of such city; but, before

is

the same is done, such mill property shall be appraised by three disinterested resident freeholders of the county in which such property is situate, one of whom shall be selected by such trustees, one by the owner of such property, which two shall select a third. Said appraisers shall appraise such property at its fair cash value; and upon the tender of the same by the city (or town), and refusal by the mill-owner to accept the value appraised as aforesaid, such business may be injoined in any Court of competent jurisdiction.

[1893 S., p. 332. In force March 4, 1893.]

3285a. Local sewers. I. Whenever the board of trustees or common council of any town or city shall desire to construct sewers or make sewer improvements, and whenever any such sewer shall from its size and character be intended and adapted only for local use by property holders along the line of the street or alley on which it is constructed, and in the opinion of such board or common council is not intended or adapted for receiving sewerage from collateral drains, then, and in that case, the whole cost of the improvement shall be paid for by the property holder abutting on such street or alley in the same manner and to the same extent as street improvements are paid for, except that such town or city shall not be liable for the portions of such local sewer which cross other streets or alleys, but the total cost shall be apportioned pro rata against property holders.

3285b. General sewers. 2. Whenever in the opinion of such board or common council any sewer or drain ordered to be constructed, or any enlargement of one already constructed, shall from its size and character be intended and adapted not only for use by abutting property holders along the line of such drain or sewer, but it is also intended and adapted for receiving sewerage from collateral drains already constructed, or which may be constructed in the future, then, and in that case, such board or common council shall make a division of the cost of such work. So much of such cost as shall be equivalent to the construction of an adequate local sewer not adapted to receive sewerage from collateral drains or sewers shall be paid for exclusively by the abutting property holders, in the same manner and to the same extent as local sewers are paid for by them. The excess of cost over and above what would be equivalent to the cost of a local sewer shall be assessed against each piece of property beneficially affected in proportion to the benefits received, including abutting property holders, as well as the holders not situated on the line of such drain or sewer, but in the opinion of the board or common council beneficially affected by the construction of such sewer, either directly or immediately or indi- . rectly, and by way of the advantage which shall be realized in the future when collateral drains may be constructed from such property to such main sewer.

3285c. Assessments for costs. 3. The provisions of the acts of the general assembly of the State of Indiana relating to the assessment for street improvements shall govern such board, or common council, in making assessments for the cost of any local sewer or drain, or the equivalent thereof. In the construction or enlargement of any sewer or drain adapted for more than local use the provisions of the acts of