to take under its control, in the manner hereafter specified, any children abandoned, neglected or cruelly treated by their parents, children begging on the streets, children of habitually drunken or vicious and unfit parents, children kept in vicious or immoral association, children known by their language and life to be vicious or incorrigible, juvenile delinquents and truants. They shall have the power, by leave of the Circuit Court of the county, to commit such children to orphan asylums or, under order of the court, said children may be indentured as apprentices or be adopted without the consent of the parents of said child by the consent of said board filed in the Circuit Court; or such children may be in any manner disposed of by said board as the Circuit Court, upon written petition, may direct: Provided, That in committing children to the Reform School for Boys or to the Industrial School for Girls, the court shall be governed by the law regulating commitments to those institutions in every particular, and that law shall not be deemed to be repealed in any part by this act.

2879ggg. Petition for commitment to custody.

3. Whenever said board shall have knowledge of facts such as will cause a substantial belief that any child under fifteen years of age resident and domiciled in the county, is abandoned; wilfully neglected; or habitually treated with cruelty by its parents or its lawful custodian; or is habitually sent out, or by the knowledge or consent of such parents or custodian is permitted to beg upon the streets; or that the parents of such child are in a constant habit of drunkenness and low debauchery before such child; or that such. child is by language or life known to be vicious or incorrigible; such board may file a petition, verified by one of its officers, duly setting forth the actual facts complained of against such child, parents or custodian, in the office of the Circuit Court of the county wherein such child and parents or custodian are domiciled and resident, and thereupon the court, or the judge thereof sitting in vacation, may, if the facts stated in such verified petition be deemed sufficient to make it necessary for the welfare of the child, order, and the Clerk shall issue, a writ, which writ shall be directed to the person, parents or custodian having such child in charge commanding them to have such child before the court or judge at such time and place as the court or judge shall direct to do and receive what shall be ordered concerning it. Such writ shall be served personally upon the parents or custodians of such child, or, if such child is without parental custody and is a bona fide resident of such county, the writ may be served on such child, whereupon the court shall appoint, as guardian ad litem for such child, an attorney of good standing in such court who shall be sworn to make a de fense for such child and ascertain the domicile of its parents or lawful custodian, if any, and should the facts show that the parents or lawful custodian reside beyond the jurisdiction of the court and that such court has no jurisdiction to define the domestic status of such child, the court may make temporary orders concerning its support or custody as shall be deemed proper. If the facts set out in the petition shall be found to be true and it shall be necessary for the welfare of the child, the court, or the judge thereof sitting in vacation, may order that such child shall be committed to the custody of said Board of Children's Guardians, or to any home within such county where public wards are supported, or to the care and enstody of any resident of such county as the court may deem to the best interest of such child, and the court, or the judge thereof sitting in vacation, shall make orders and decrees for the visits and associations of such child and parent and kindred, if such there be, and may make a continuing order and decree that, should the causes that made it necessary to remove such child from the parents or custodian be removed, such child may be returned to such parent or custodian. The writ herein provided for shall be made returnable in not less than ten days nor more than thirty days from the date of filing the petition, but the said cause may stand for trial at any time by the agreement of the parties voluntarily appearing and agreeing upon time for trial. The issues of fact in actions brought under this act shall be tried under the rules and procedure applying to civil causes and an appeal may lie from the decision or verdict of any jury, judge or court pertaining to the same. Provided, That, whenever it shall be made to appear by affidavit by an officer of said board that there are good reasons, stating the grounds thereof, to believe that such child will be carried out of the jurisdiction of the court or judge thereof before whom such application is made, or will suffer some irreparable injury before compliance with the writ can be enforced, such court or judge may, if such reasons be sufficient, cause a warrant to be issued reciting the facts and directed to the Sheriff commanding him to take such child and bring him before the court or judge and the court or judge thereof may then make such interlocutory orders regarding such child as are proper.

2879hhh. Evidence judgment against parent.

4. It shall be the

duty of the court, upon the trial of any cause begun under the provisions of this act, to hear evidence as to the financial ability of the parent or guardian of such child or children to pay for the support, in whole or in part, of such child or children. And, in case the court shall find that such parent or guardian should contribute to the maintenance of such child or children, the court shall render judgment against such parent or guardian that such parent or guardian shall pay into the county treasury such sums as the court shall adjudge at such times and in such amounts as shall be by the court found just. And such payments shall continue so long as such child or children shall remain a public charge. And such judgments shall be enforced as other judgments are enforced.

2879iii. Quarters for children. sioners may provide and maintain a house of suitable size and convenience for the 5. The Board of County Commisaccommodation of the children placed under the custody and control of such board, said house to be approved by said Board of Children's Guardians; shall pay such agents and assistants as may be deemed necessary by said Board of Children's Guardians and the Circuit Court of such county and appointed by said Board of Children's Guardians with the approval of the Circuit Court of such county and shall pay all other expenses of said board and incident to the maintenance of said home except those for food and clothing which shall be paid by said board from an allowance which shall be made for it by the Board of County Commissioners to the amount of thirty cents per day for each child under the care of such Board of Children's Guardians, kept in said house or maintained outside of said house. And said board shall have authority, when

it deems it best for any child or children, to keep them outside of such house, so long as the best interests of such child or children shall require, and said board shall have full power to contract for such outside care. propriations as may be necessary to carry into effect the provisions and purposes of The County Council shall make such apthis act.

2879jjj. Fees not taxed against board. 6. That in all cases in

which such Board of Children's Guardians is interested and for the filing of petitions, reports or proceedings for adopting wards of such board, no fee shall be taxed against such board by the Clerk of the Circuit Court or the Sheriff of such county, and said Board of Children's Guardians shall not be liable for the payment of any court costs or witness fees, but all such costs incurred by such board shall be paid by the county wherein said board shall be created, on the order of the Circuit Court of such county. 7. The Circuit Court of

2879kkk. Court may remove members.

the county shall have power to remove any or all of said members of said Board of Children's Guardians for any misconduct or neglect of duty upon a proper showing made in open court after said member or members shall have been given full opportunity to be heard in their defense.

2879111. Report to board of charities.

S. Said Board of Children's

Guardians shall report to the Board of State Charities as often and in such manner as the said State board shall require: furnish all blanks and stationery necessary to make such reports. Provided, Said Board of State Charities shall 2879mmm. Laws repealed. 9. All laws in conflict with or within. the purview of this act are hereby repealed.

10. All children held

2879nnn. Children held under former acts. under any proceedings brought under the act of March 9, 1889, entitled "An act to establish a Board of Children's Guardians in townships having a population of more than 75,000 persons, defining the powers and duties of said Board, providing for a special township tax for the establishment and maintaining of homes under the care of such boards and declaring an emergency," and under said act as amended by the acts of March 1, 1891, and March 3, 1893, shall be subject to the provisions of this act, and all Boards of Children's Guardians organized under such acts shall be subject to the provisions of this act, and all proceedings that may hereafter be brought by such boards organized under said acts shall be brought under this act. tions, except as to pending litigation, under said acts of March 9, 1889, March 1, 1893 [1], and March 3, 1893, are hereby legalized; and, if incomplete, may be continued to And all adjudicacompletion under the provisions of this act.

2778. Salaries. This section contemplates that the president of the board of trustees shall receive the compensation provided for the president and, also, the compensation as trustee of each of the benevolent institutions included in the acts, as he is not only president of the several boards but is expressly made a trustee for each institution. The fact that he is entitled to compensation for his services as president of the boards, and also to compensation for his services as trustee for the several institutions, does not constitute him the holder of two lucrative offices, as prohibited by the constitution (§ 90); State, ex rel. v. Harrison, 116-302. Election by general assembly provision, section 225, adds an additional contingent and defeasible term to the origiVacancy. The effect of the constitutional nal fixed term of an officer and excludes the possibility of a vacancy and, consequently, the power of appointment, except in case of death, resignation, ineligibility and the like. When it is provided that officers chosen for a given term are entitled to hold over until their successors are elected and qualified, the section applies to officers elected by the general assembly, or other organized body, equally as to those elected by the people at large, and the right to hold over continues until a qualified successor has been elected by the electoral body to which the incumbent owes his election or which, by law, is entitled to elect a successor. the management of the benevolent institutions of the state, provision was made for So, where by this section relating to the election, by the general assembly, of a president of the several boards of trustees. whose term of office should be four years, and that if a vacancy should occur in such office during the recess of the legislature, the governor should appoint) the appointment to stand until the next session, and the term of the officer elected in 1883 expired dur ing the legislative session of 1887, but the body adjourned without electing a cessor, it was held that under section 225 the incumbent became entitled to hold over and, there being no vacancy, an appointment by the governor was without effect; State. ex rel. v. Harrison, 113-441.

suc

[1881 S., p. 87. In force September 19, 1881.]

2880. Across boundary line. 1. Whenever public convenience shall require the erection or repair of any bridge across any stream forming the boundary line between two counties withing this State, upon application therefor to the Board of County Commissioners of either county, such Board of County Commissioners may, if they think it expedient, declare their willingness to aid in the erection or repair of such bridge by resolution or order, and shall cause notice thereof to be - given to the Board of County Commissioners of the other county interested therein. And whenever it may be ascertained that the Board of County Commissioners of both counties have made such order or resolution, such Board of County Commissioners shall, by concurrent resolution, cause a survey and estimate to be made, submitting plans and specifications therewith, by some competent person, to be presented to their respective Boards of Commissioners at some specified time and place at or near the site of such contemplated bridge, when such Boards of County Commissioners shall meet in joint session to estimate and determine the kind of bridge which shall be erected, and the manner and time when payments shall be made for the erection or repair of such bridge: Provided, That whenever the Board of County Commissioners of any county shall have notified the Board of County Commissioners of any county interested in the erection or repair of any bridge, as specified in this section, and such Board of County Commissioners so

notified shall fail or refuse, for the period of thirty days, to accept or to act on the same by joining in the building or repair of such bridge, then, in that event, the Board of County Commissioners of such county passing such order, may, if in their opinion public convenience requires the same, build or repair such bridge, under the same rules and regulations as are now or may be in force for the building and repair of bridges wholly within the county, after first having obtained the consent and permit of the landowner in the adjoining county, whose land will be occupied by such bridge, to the building of the same.

1. When a stream is a boundary between two counties, the board of one county has no authority to erect a bridge across it without the concurrence of the board of the other.- Browning 7. Board, 44 Ind. 11.

2. A person who, without fault on his part, is injured by defects in a bridge, is entitled to an action against the county for damages.- House v. Board, 60 Ind. 580. [1885 S., p. 58. In force July 18, 1885.]

2880a. Procedure to cross boundary line. 1. Whenever a petition shall be presented to the Board of Commissioners of any county in this State, at any regular or special session thereof, signed by twenty-five freeholders of any township of such county, which township is bounded on any side thereof by a stream of water, which stream forms the boundary line between two counties in this State, asking such township to make an appropriation of money to construct or aid in the construction or repair of a free public bridge used for highway purposes only across such stream, to an amount and upon such terms and conditions as may be specified in such petition, not exceeding, however, two per centum upon the amount of taxable property of such township on the tax duplicate of the county for the preceding year; and when the purpose is to aid in the construction or repair of such bridge, specifying further the fund, the same is to be in aid of, and the point as near as practicable on such stream that such bridge is, or is to be located, it shall be the duty of such Board of Commissioners, after being satisfied that such petition has been properly signed by the requisite number of freeholders of such township, as aforesaid, to cause the same to be entered at full length upon their records. [As amended, 1889 S., p. 63. In force May 10, 1889.

2880b. Election to be ordered. 2. The Board of Commissioners shall take said petition under advisement, and thereupon order the polls at the several voting places of the township so petitioning to be opened on a day to be named in the order, which shall not be less than thirty nor more than sixty days thereafter, and the votes of the legal voters of such township named in such petition to be taken upon the subject of appropriating money by such township for the purpose of construction or aiding in the construction or repair of such bridge as prayed for in said petition. The Judges and Inspectors of Elections shall be governed in the reception of votes by the laws then in force regulating general elections.

2880c. Notice of election. 3. The Auditor of such county shall immediately give notice, to be published for four weeks successively in

some newspaper of general circulation in the county, and by printed hand bills, to be posted in fifteen public places in the township where the appropriation is prayed for in the petition; said hand bills shall be posted by the Sheriff of the county three weeks prior to the day fixed for taking the vote of the township named in the petition; the same, as well as said newspaper publication, shall notify the qualified voters of said township, that the polls will be opened on the day fixed by the order of the Board of Commissioners at the several voting places in said township, to take the votes of the legal voters thereof, upon the subject of such township constructing or aiding in the construction or repair of the bridge named in said petition, to an amount to be specified in such notice; and the said Auditor shall make his official certificate that said notice was published, and said Sheriff shall make his like certificate that said hand bills were posted as required by this act, which certificate shall be entered upon the record of the Board of Commissioners, and shall be sufficient evidence of the facts therein stated.

2880d. Election as at general election. 4. The polls shall be opened at the several voting places in the township by the proper Judges and Inspectors of Elections on the day fixed by said Commissioners, and the boards shall be organized, the poll books and tally sheets shall be kept and the whole voting, taking and certifying shall be conducted as nearly as may be in the manner as provided by law for conducting the voting and certifying the votes at the general election for State and county officers.

2880e. Qualification of voter. 5. The qualification to vote at the polls to be opened as required by this act, shall be ascertained, and challenges shall be allowed in the same manner as is now, or may be provided by law for ascertaining the qualifications of voters or making the challenges at general elections.

2880f. Ballots. 6. The ballots used at such voting as provided in this. act, shall be printed or written, and those cast for the appropriation by the township to construct or aid in the construction of such bridge or the repairs thereof, shall contain the words, "for the appropriation," and those cast against it shall contain the words, "against the appropriation," and if two or more votes shall be found purposely folded together they shall be rejected.

2880g. Certificate of election. 7. When the ballots shall be counted, the Board of Judges shall make out under their hands a certificate stating in words, the number of votes given for the appropriation for the bridge, and the number given against such appropriation; and such certificate together with one of the lists of voters or poll books and one of the tally