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Per diem of offi

cers and clerks

House of Repre

paid.

SEC. 3. That it shall be the duty of the Auditor of of Senate and State to audit the accounts, and issue his warrants upon the sentatives, how Treasurer of State for the per diem of the officers of the Senate and House of Representatives, and their assistants and appointees, including clerks and assistants to committees, and clerk of the State Librarian, appointed by authority of both Houses. That the pay of officers and employes shall be the same as now provided by law, or that may be otherwise fixed by this General Assembly.

Emergency.

SEC. 4. That no appropriation having been made for the purpose herein set forth, it is declared that an emergency exists for the immediate taking effect of this act, and therefore the same shall be in full force from and after its passage.

Sixteen thousand, nine hun

enty-one cents,

payment of In

CHAPTER II.

AN ACT appropriating moneys to pay amounts due members of the Indiana Legion, and of independent companies of militia and minute men, for services rendered under orders of the Governor during the rebellion.

[APPROVED MARCH 5, 1881.]

SECTION 1. Be it enacted by the General Assembly of the dred and ninety State of Indiana, That the sum of sixteen thousand, nine dollars and sev hundred and ninety dollars and seventy-one cents ($16,appropriated for 990.71), being the unpaid residue of the sum of thirty diana Legion. thousand five hundred dollars ($30,500), appropriated by section twenty-three (23) of the act making general appropriations, approved March 11, 1867, for the pay of members of the 2d, 4th, 5th, 6th and 9th, regiments of the Indiana Legion, and of independent companies of militia and minute men, for services rendered, under orders of the Governor, during the rebellion, or so much thereof as may be necessary, be, and the same is appropriated from the moneys of the general fund for the payment of the amounts due; and no warrant shall be drawn by the Auditor of State to pay any claim for any services in any company or regiment of the Legion, or any independent company, except upon the certificate of the Adjutant General of the State, endorsed by the Governor, that the amount thereof is shown to be due by the rolls deposited in said Adjutant Generals office, as provided in the acts of March 11, 1867, and provided that no payment shall be made to any assignee of any such claimant, but only to the person who has rendered such

Warrant, how drawn.

To whom paid

services, his administrators or heirs, and upon a proper identification of the claimants: Provided, That no official shall receive any fee for any services performed under the provisions of this act.

SEC. 2. There being an emergency for the immediate Emergency. taking effect of this act arising from the omission of this appropriation from the act of 10th of March, 1877, and of March 25, 1879, the same shall be in force from and after its passage.

CHAPTER III.

AN ACT authorizing public aid to corporations erecting bridges over streams forming a boundary of this State.

[APPROVED MARCH 5, 1881.]

Townships to

and make dona

structing

streams forming

State.

SECTION 1. Be it enacted by the General Assembly of Counties and the State of Indiana, That counties and townships wherein take stock in, any bridge over any river or stream forming the boundary tions to, bridge of the State of Indiana, or any part thereof, may be located, companies conare hereby authorized to take stock in, or make donations bridges across to such bridge company in aid of the construction of such boundary of bridge, by complying with the provisions, so far as the same are applicable of an act approved May 12, 1869, giving to counties and townships authority to take stock in, and make donations in aid of the construction of railroads, and any city, whether incorporated by special charter or enactment, or under the general laws of this State may also subscribe to the capital stock or may make donations in money to aid in the construction of such bridge in the same manner, that they are authorized by their special charters, or general act of incorporation to subscribe to the stock of, or make donations to railroad companies, and any city within

tition of major

ers, in writing,

Council.

this State in which any such bridge or any part thereof is Cities to guaranlocated, may, upon the petition in writing of a majority in tee payment of number of the tax-payers of such city to the Common bonds, upon peCouncil thereof, guarantee the payment of the bonds of any ity of tax-paysuch bridge company so located as aforesaid, to an amount to Common not exceeding twenty-five per centum of the estimated cost of such bridge, with the interest thereon, and whenever bonds not to exsuch petition so subscribed is presented to such Common per centum, esCouncil it shall be the duty of such Common Council, by bridge. resolution or ordinance, to authorize and direct the Mayor, or presiding officer of such Common Council, in the name

Payment of

ceed twenty-five

timated cost of

Who are taxpayers.

Railroads to use and cross bridge

cuit Court to fix proper rate.

and on behalf of such city, to execute, make and sign such guaranty upon such bonds whenever requested so to do by such bridge company, or its authorized officer or agent. In determining who are the tax-payers of such city the tax duplicate in the hands of the City Treasurer at the time of the presentation of such petition, shall be deemed and taken as conclusive evidence for the purposes of such petition, and all proceedings thereon.

SEC. 2. All railroads built, or which may hereafter be on agreed terms. built, shall have the right to use and cross any bridge built or constructed under the provisions of this act on such terms as may be agreed upon between the railroad company or other corporation owning or operating such bridge, and the railroad company desiring to use such bridge. If In case rates of the terms as to rates of toll can not be agreed upon, then agreed on, Cir. the company desiring to use and cross said bridge, may, upon petition, attested by the seal of said company, petition the Circuit Court of the county wherein the city guaranteeing the bonds is situate, to fix the proper rate of toll for crossing and using such bridge under rules and regulations as may be proper. Upon the filing of such petition the same shall be placed upon the civil docket for trial, and ten days notice of the time and place of the hearing of such petition shall be served upon the company or corporation owning or operating such bridge, which may appear and answer such petition. The court shall proceed to try the cause upon such petition and answer, and the evidence adduced, and render judgment fixing the rate of toll under such rules and regulations as may be deemed proper, for the use and crossing of such bridge for such length of time as in the discretion of the court may seem right. The rate of ing on parties to toll so fixed shall be binding upon the companies that are parties to such proceedings. Such court shall have power to enforce its judgment in such proceedings as in other civil causes. All corporations or railroad companies receiving the benefits of this act, or which may build or construct any bridge under the terms thereof, shall be deemed and held to be domestic corporations, residents in the State of Indiana, for the determination and settlement of all matters arising under the provisions of this act, without regard to the laws of the States or countries where they were incorporated.

Rates fixed bind

proceedings.

Laws repealed.

Emergency.

SEC. 3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

SEC. 4. Whereas an emergency exists, requiring the immediate taking effect of this act, the same shall take effect and be in force from and after its passage.

CHAPTER IV.

AN ACT to legalize the acts and proceedings of the Board of Commissioners of Blackford county, and of other persons in relation to the drainage of wet lands in said county, under and by virtue of the laws of this State, the collection of assessments thereunder, and declaring an emergency.

[APPROVED FEBRUARY 24, 1881.]

WHEREAS, The Board of Commissioners of Blackford Preamble. county have, in many instances, in proceedings had before such Board, upon petitions to establish drains or other improvements, as provided by an act to enable the owners of wet lands to drain and reclaim them when the same can not be done without affecting the lands of others, prescribing the powers and duties of County Boards and County Auditors in the premises, and repealing all laws inconsistent therewith (approved March 11, 1867,) and also under an act in addition thereto (approved March 9, 1875,) and other acts with reference to the same subject, have found such improvements to be necessary and conducive to public health, convenience and welfare, and of public benefit and utility, and have made orders establishing such improvements thereafter, without causing such findings to be formally entered upon such commissioners' record; and, WHEREAS, Such Board of Commissioners have, since the date of the orders establishing such work, caused to be entered upon the record in each of such cases as, and of the date of the order establishing such improvements, the findings as above set forth; and,

WHEREAS, Great doubt exists as to the legality of the orders establishing such improvements on account of the findings, as to their utility, etc., not having been entered of record prior to the record of such orders; therefore,

Commissioners,

county.

SECTION 1. Be it enacted by the General Assembly of the Legalizing acts State of Indiana, That the orders of the Board of Commis- of Board of sioners of Blackford county establishing ditches and drains of Blackford in said county of Blackford under existing laws of this State, be and the same are hereby legalized and made valid, as if the findings in each of such cases, that such improvement was necessary and conducive to public health, convenience or welfare, or of public benefit or utility, had been entered of record prior to the order establishing such improvement, and such nunc pro tunc entries shall at all times

Emergency.

be conclusive evidence of the matters set forth therein, and all acts or proceedings of or by any officer or other person, and all assessments made under and by virtue of the orders establishing such works are hereby legalized and made valid.

SEC. 2. As an emergency exists requiring the immediate taking effect of this act, the same shall be in force from and after its passage.

by Governor.

Who may

CHAPTER V.

AN ACT to repeal section four and amend sections three, seventeen and eighteen of an act entitled, “An act regulating the working of coal mines, and declaring a lien upon the works and machinery for work and labor in mining coal, and for royalty on coal, and providing penalty for the violation thereof, and providing for the appointment and qualification of Mine Inspector and prescribing his duties, and declaring an emergency, approved March 8, 1879," and adding supplemental sections thereto, and declaring an emergency.

[APPROVED MARCH 5, 1881.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That section seventeen of the above entitled act be amended to read as follows: Section 17. Mine Inspector, Within thirty days after this act shall take effect, the Govto be appointed ernor with the advice and consent of the Senate, shall appoint a Mine Inspector, who shall hold his office for two years, and until his successor shall be appointed and qualbe ified. Such inspector shall be a resident of the State of Mine Inspector. Indiana, and a practical miner in said State, and no person shall be eligible to hold the office of Mine Inspector who is or may be pecuniarily interested in any coal mine within this State directly or indirectly. Said Mine Inspector, before entering upon the duties of his office, shall execute a Bond of Mine bond with sufficient surety, payable to the State of Indiana, filed with and in the sum of one thousand dollars, for the faithful discharge approved by of the duties of his office, which bond shall be approved by and filed with the Secretary of State. He shall take an oath of office, which shall be endorsed on the back of his bond.

Inspector to be

Secretary of
State.

Office of Mine Inspector; where held.

SEC. 2. That section eighteen of the above entitled act be amended to read as follows: Section 18. The Mine Inspector shall hold his office in some central part of the mining district, and for his service he shall receive the

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